Senate the Senate Met at 9:30 A.M

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, AUGUST 2, 2012 No. 117 Senate The Senate met at 9:30 a.m. and was from the State of New Mexico, to perform RECOGNITION OF THE REPUBLICAN LEADER called to order by the Honorable TOM the duties of the Chair. The ACTING PRESIDENT pro tem- DANIEL K. INOUYE, UDALL, a Senator from the State of President pro tempore. pore. The Republican leader is recog- New Mexico. nized. Mr. UDALL of New Mexico thereupon CYBER SECURITY PRAYER assumed the chair as Acting President pro tempore. Mr. MCCONNELL. Mr. President, I The Chaplain, Dr. Barry C. Black, of- RECOGNITION OF THE MAJORITY LEADER would like to start this morning with a fered the following prayer: word about cyber security. No one The ACTING PRESIDENT pro tem- Let us pray. doubts the need to strengthen our Na- pore. The majority leader is recog- Lord, You have given us a world full tion’s cyber security defenses. Open nized. of rich resources. Make us responsible source reporting clearly shows that our stewards of Your generous gifts. Help f defense industrial base, financial sec- us to remember that to whom much is VETERANS JOBS CORPS ACT OF tor, and government networks are all given, much is expected. 2012—MOTION TO PROCEED under attack by nation states as well May our accountability to You guide as independent hackers. The U.S. Cyber the choices our lawmakers make as Mr. REID. Mr. President, I now move Command, the NSA, and the FBI are they seek to serve You and country to proceed to Calendar No. 476, S. 3457, working hard to counter these threats. today. Lord, fill their minds with wis- which is the Veterans Jobs Corps Act. So we all recognize the problem. That dom and their hearts with hope so they The ACTING PRESIDENT pro tem- is really not the issue. The issue is the will believe all things are possible with pore. The clerk will report the motion. manner in which the Democratic lead- You. Open their minds to the inflow of The assistant legislative clerk read ership has tried to steamroll a bill that Your spirit to prepare them for the de- as follows: would address it. cisions they must make this day. Motion to proceed to Calendar No. 476, S. Members on both sides of the aisle We pray in Your great Name. Amen. 3457, a bill to require the Secretary of Vet- have recommendations for improving erans Affairs to establish a Veterans Jobs our cyber defenses, and some of them f Corps, and for other purposes. thought this bill would provide an op- PLEDGE OF ALLEGIANCE The ACTING PRESIDENT pro tem- portunity to propose those ideas pore. The majority leader. The Honorable TOM UDALL led the through amendments, especially since Pledge of Allegiance, as follows: SCHEDULE Democrats did not allow for an oppor- Mr. REID. Mr. President, the next tunity to do so in committee. Yet, de- I pledge allegiance to the Flag of the spite preventing Members from amend- United States of America, and to the Repub- half hour will be for debate on the lic for which it stands, one nation under God, Coburn amendment on the AGOA- ing the bill in committee, the antici- indivisible, with liberty and justice for all. Burma sanctions bill. Following that pated open amendment process, once debate, the time until 11 a.m. will be this new bill got to the Senate floor, f equally divided and controlled between never happened. It just never happened. APPOINTMENT OF ACTING the two leaders or their designees. At Despite being on the bill now for the PRESIDENT PRO TEMPORE 11 a.m. there will be two votes. The third day, no Senator from either party first vote will be a cloture vote on the has been allowed to vote on any The PRESIDING OFFICER. The cyber security bill, followed by a vote amendment. clerk will please read a communication in relation to the Coburn amendment Look, this is a big, complicated, far- to the Senate from the President pro to the AGOA-Burma sanctions bill. The reaching bill that involves several tempore (Mr. INOUYE). filing deadline for second-degree committees of jurisdiction. Democratic The assistant legislative clerk read amendments to the cyber security bill leaders have not allowed any of those as follows: is 10 a.m. today. Additional votes are committees to improve the bill or even U.S. SENATE, possible today, and we will notify Sen- vote on it. Frankly, I was a little sur- PRESIDENT PRO TEMPORE, ators when and if they are scheduled. Washington, DC, August 2, 2012. prised the majority leader decided to To the Senate: We will vote at 11 o’clock, so those peo- file cloture and end debate before it Under the provisions of rule I, paragraph 3, ple debating the cloture motion may even started. An issue of this impor- of the Standing Rules of the Senate, I hereby not get the full hour. They should un- tance deserves serious consideration appoint the Honorable TOM UDALL, a Senator derstand that. and open debate. Instead, the majority

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

S5901

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5902 CONGRESSIONAL RECORD — SENATE August 2, 2012 leader waited until the last week be- Senate supports them, and remove provi- to recovery, it is now obvious that fore August to even take it up. Rather sions if such support does not exist. For that President Obama’s policies have made than give this issue the time and atten- reason, I have committed to my colleagues a bad situation worse. tion it deserves, Democratic leaders that we will have an amendment process Secretary Geithner was right to say that will be fair and reasonable . . . this leg- brought it up with only 3 days left be- islation will have been subject to as fair, that the President’s policies were hav- fore recess and then tried to jam some- thorough, and open a process as is conceiv- ing an effect on the economy. He was thing through without any chance for able. clearly wrong to conclude that they amendment. That was the majority leader in Feb- were anything approaching a lasting, The few days the bill was on the ruary of this year. positive effect on the economy. On the floor, the majority limited its consid- There is widespread agreement that a contrary, we can see that the policies eration to debate only and then filled cyber security bill should eventually of the President’s first 2 years in office the tree and filed cloture. But, of pass. We need to improve information put us decidedly on the wrong path. Two years after Secretary Geithner’s course, that is kind of par for the sharing between the private and public op-ed, 23 million Americans are either course around here. This is the 65th sectors. And there is a clear indication unemployed, underemployed, or have time the majority leader has filled the that we will need to responsibly debate given up looking for work altogether. amendment tree and filed cloture—the this matter in the very near future. If Half of the college graduates cannot 65th time. Just to give a point of com- cloture is not invoked today, I suggest find a decent job, and with little or no parison, the last 6 party leaders did it we work in a bipartisan fashion to income, many have decided to move 40 times combined. The last 6 party complete the bill, and I suggest that back home with mom and dad. Two leaders did it 40 times combined. So the the next time we take it up, we allow years after Secretary Geithner all but majority leader has set a historic pace the Senate to be the Senate. Let Sen- declared victory, GDP growth is still at for blocking amendments. No amend- ators have their proposals considered an anemic 1.5 percent. Foreclosures are ments in committee, no amendments on the floor, especially if the Demo- still quite common. More Americans on the floor—take it or leave it. That cratic leadership is not going to allow than ever are on food stamps. Two is the story of the Senate under the them to be considered in committee. years after Secretary Geithner wel- current leadership. Mr. President, on another matter—— comed Americans to the recovery, The notion that we should just roll Mr. MCCAIN. Will the Senator yield more Americans are signing up for dis- over and wave through these bills with- for a question? ability than are finding jobs. More out having a chance to improve them Mr. MCCONNELL. I yield to the Sen- Americans are signing up for disability and that Democratic Senators would be ator from Arizona for a question. than are finding jobs. All of this after willing to be rolled in such a way is ri- Mr. MCCAIN. I see the majority lead- the President and a Democrat-led Con- diculous, especially on a bill of this er wants to speak, but my question is, gress passed his major policy initia- significance. I remind my Democratic isn’t it true that there has been a se- tives. friends, none of you were able to offer ries of meetings including the sponsors In the face of all these things, you or have a vote on your amendments. of the bill, those of us who believed sig- would think the administration would By filing cloture and filling the tree, nificant modifications needed to be change course, go in a different direc- your amendments were blocked as well. made, and large numbers of Senators tion. After all, if it claimed credit then The senior Senator from Missouri au- have at least tentatively come to some for what it thought was a recovery, it thored three amendments and cospon- agreement that we think could move would have to claim credit for what we sored three others. None of those will this legislation forward in a fashion actually see, now—not exactly appar- get votes if cloture is invoked. The sen- that recognizes the importance of the ior Senator from Arkansas has two ent. issue and yet dramatically, in our As it turns out, the administration is amendments and cosponsored another. view, improves the legislation? I hope None of those will get votes if cloture happy to claim credit when it thinks the Republican leader and majority things are going well but even happier is invoked. The senior Senator from leader would not interpret this vote— Louisiana has authored two amend- to cast blame when it thinks things are which clearly cloture will not be in- not going well. So 2 years after touting ments and cosponsored one more. None voked—as an impediment to the proc- of those will get votes if cloture is in- the impact the President’s policies ess that I think was moving on a path were having on our economy, the ad- voked. As of this morning, 29 Demo- where we could have reached some cratic Senators have filed 74 amend- ministration now acts as though they agreement and addressed this issue and have been irrelevant. They act as ments, not counting the ones used to this legislation conclusively. fill the tree. That is a lot of amend- though an additional $5 trillion in debt Mr. MCCONNELL. Yes, I say to my isn’t affecting people’s anxiety about ments. They will not get any votes. I friend from Arizona, he is entirely cor- may not support all of these amend- the Nation’s future. They act as though rect. A vote not to finish the bill today a $1 trillion health care bill that ham- ments. In fact, I am sure there are is a vote to actually have amendments many I will probably oppose. But that mers the private sector isn’t affecting and an opportunity to modify the bill, business activity. doesn’t mean the Senators who pro- as we all know is necessary, including posed them should not be entitled to They act as though the President’s my friend the majority leader, who in- perpetual threats to raise taxes aren’t have a chance to make their case. dicated as much back in February. Instead of just being rubberstamps impacting investment. They act as I know the majority leader is on his though somehow the President’s at- for the majority leader, I encourage feet and wants to discuss the matter these Senators to stand up for them- tacks on free enterprise aren’t putting further. I know he may have time com- a chill on risk-taking. They act as selves and their constituents and de- mitments, but I do as well. I have two mand to be heard. After all, the major- though a barrage of new regulations other issues I wish to address, and then isn’t keeping businesses from hiring ity leader himself said earlier this year I will be happy to yield the floor. that given the complex nature of this and expanding. They say it is Bush’s THE ECONOMY subject, it was essential to have a thor- fault, it is headwinds from Europe, it is Two years ago tomorrow, Treasury ough and open amendment process and the Tsunami, and it is the Republicans. Secretary Tim Geithner declared in a even committed to ensuring it. The President can’t have it both now-infamous New York Times op-ed Let me read what the majority leader ways. He can’t be responsible for the entitled ‘‘Welcome to the Recovery’’ committed to on this bill in February economy when he thinks it is going that because of the actions taken by of this year. The majority leader said: well and disavow responsibility when it the Obama administration during its clearly isn’t. He is either responsible Given the complexity and significance of first 11⁄2 years, the U.S. economy was, the legislation, it is essential that we have a for it or he isn’t. thorough and open debate on the Senate as he put it, ‘‘on the road to recovery.’’ The Treasury Secretary had it right 2 floor, including consideration of amend- I think it is pretty obvious that the years ago when he said: The Presi- ments to perfect the legislation, insert addi- Treasury Secretary jumped the gun on dent’s policies have had a big impact tional provisions where the majority of the that one. Far from putting us on a path on the economy. What he got wrong

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5903 was the fact that the impact was actu- ORDER OF BUSINESS friend the Republican leader wants to ally negative. If we were to ask our- Mr. REID. Mr. President, I wasn’t be President of the United States. selves whether Americans are better planning on making a statement today. As we know, he has refused to release off now than they were 2 years ago, the I felt we should leave the time for the his tax returns. If a person coming be- answer would be obvious. The Presi- vote we are having at 11. It is my un- fore this body wanted to be a Cabinet dent’s policies have clearly made it derstanding that under the rule, Sen- officer, he couldn’t be if he had the harder for Americans to find jobs and ator COBURN and others will have a half same refusal Mitt Romney does about to keep those jobs. hour to debate the Burma sanctions; is tax returns. So the word is out that he If the President wants to cast blame that right? has not paid any taxes for 10 years. Let for the economic mess we are in, he The ACTING PRESIDENT pro tem- him prove he has paid taxes because he should look no further than his own pore. The Senator is correct. has not. We already know from one policies. If he is more concerned about Mr. REID. The time left over will be partial tax return he gave us he has the future of the country than his own whatever time is left over for the de- money hidden in Bermuda, the Cayman reelection, he would work with us to go bate on the motion to proceed to the Islands, and a Swiss bank account. I 1 cloture vote; is that right? am not making that up. Mitt Romney in a different direction. For 3 ⁄2 years, Republicans stood ready to work with The ACTING PRESIDENT pro tem- makes more money in a single day than an average middle-class family him on the kind of policies that would pore. That is correct. TAX PLANNING makes in 2 years or more. empower the private sector to lift us So let’s not talk about this great out of this recovery once and for all. Mr. REID. I will talk about cyber security in 1 minute. Let’s talk about the plan the Republicans have to create Comprehensive tax reform, an all-of- jobs. The No. 1 goal in this body by the the-above energy policy, eliminating minority leader’s continual harangue against the President of the United Republicans has been to damage the burdensome regulations, these are the President of the United States. They kinds of things we can do together. We States. Underscore all of this with what my friend the Republican leader have refused to work with us in cre- are ready whenever he is. ating jobs. Finally, on one other subject, and I said at the beginning of this Congress: The No. 1 issue for him in this Congress CYBER SECURITY apologize to my friend the majority Let’s talk a little bit about cyber se- leader for delaying him further. is defeating President Obama, and that is how the Republicans have acted. To curity. We have people coming over TRIBUTE TO CARL KAELIN talk about a Republican tax plan would here saying: We almost have a deal. I Mr. President, I wish to congratulate have to bring a smile to one’s face. have been hearing that for 3 years. We my old friend Carl Kaelin of Yesterday, an organization called the have been working on cyber security Leitchfield, KY. Carl was recently ap- Tax Policy Center—now remember last for 3 years. They are over here today pointed national inspector general of year Mitt Romney called the Tax Pol- asking why we don’t have more meet- the Veterans of Foreign Wars of the icy Center ‘‘an objective third party’’ ings. This is a bill that has had meet- United States at the national conven- and cited one of their studies to bash ing after meeting. Chairman LIEBER- tion in Nevada. Carl is the first Ken- Rick Perry in the Republican primary. MAN, Chairman ROCKEFELLER, and tuckian to become VFW’s national in- So this objective third party said yes- Chairman FEINSTEIN have had plenty of spector general, one of the highest po- terday about Romney’s tax plan that meetings. They have had meetings sitions in that organization. my friend the Republican leader wants with the Republicans, meetings with Carl has a long history of serving his the American people to grab. The only Independents, and meetings with busi- country, the Commonwealth of Ken- people to be grabbing that are very ness groups. So don’t come and lecture tucky, his community and veterans rich people. us over here about how my Senators across the State and, indeed, the Na- The vast majority of Mitt Romney’s should vote. We know how important tion. He served in the U.S. Army as a tax plan would go to people just like this legislation is. We believe this leg- crew chief of an OV–1 Mowhawk air- him, people making millions of dollars islation is more important than get- craft in Vietnam in 1968 and 1969. Upon every year. Under Romney’s plan, folks ting a pat on the back from the Cham- his return in 1969, he joined VFW Post making more than $3 million a year ber of Commerce. The Chamber of Commerce does not 1170 in Middletown, KY, becoming a would get a tax break of almost $250,000 support this legislation. That is why VFW life member. per year. So how will he pay for this the Republicans are running like Carl has served the VFW in a number massive handout to the top 1 percent? scared cats, because the Republicans of positions over the years, including He will hand the bill to 95 percent of as post and district commander and, at will not endorse doing something that the American people. Under his plan, is good for our country and that is pro- the age of 33, as Kentucky’s youngest my friend the Republican leader State commander. tecting us against cyber attacks. wants—I hope everyone within the The statements made by the Repub- In these capacities and on the VFW sound of my voice listens to this be- lican leader speak volumes. This is an- National Council of Administration, cause the Republican plan would re- other filibuster that could have been Carl worked tirelessly on behalf of quire the average middle-class family prevented by their work to get a list of America’s heroes, our Nation’s vet- with children to pay $2,000 more in relevant amendments to show how seri- erans. In addition to his selfless work taxes to take care of the millionaires. ous the Republican leader is about with the VFW, Carl has also been ac- Ninety-five percent of families in this cyber security. Let’s just take a few tive with Kentucky’s Joint Executive country would be asked to pay more so days from this week. We have been Council of Veterans Organizations and people such as Mitt Romney can get a stalled and stalled in months past try- served as mayor and city councilman tax break. Now, that is a great pro- ing to get a bill. We could never get the of the city of Lynnview, KY. gram, a wonderful program. Republican leader to endorse a bill. We Over the years, I have had the great Last year, I repeat, Mitt Romney worked with the White House, and they fortune of working with Carl on a num- called this Tax Policy Center an objec- came aboard. We begged and pleaded to ber of issues to ensure our Nation’s tive third party when he was once do a bill together. No, no; because the veterans receive the care and the bene- again changing his position during the Chamber of Commerce does not want a fits they deserve. Republican debates leading up to his bill. I congratulate Carl Kaelin and his nomination. Now that the group has The first thing we hear about cyber wife Linda on his new position and exposed his plan to hike taxes for 95 security, to show how serious they are, thank him for his military service and percent of the American families while is an amendment where they want to tireless dedication to our Nation’s vet- handing out more giveaways to mil- repeal ObamaCare. They did that on erans. I also thank him for his friend- lionaires, the Tax Policy Center is sud- the last day of the month of July, when ship over the years. denly too liberal, his spokespeople say, on the first day of August all these I yield the floor. to be trusted. I would suggest, when we great benefits for women kick in. The ACTING PRESIDENT pro tem- are talking about trust, we need to The Republican leader was standing pore. The majority leader. look no further than the person my here and said, I want to vote on

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They are opposed to the RESERVATION OF LEADER TIME Obama administration has rec- initial bill because it was mandatory The ACTING PRESIDENT pro tem- ommended and us actually paying the that these companies do something to pore. Under the previous order, the $200 million in costs over 2 years, with protect America from these attacks leadership time is reserved. $200 million worth of savings in 2 years. from bad people. f The bill, as it presently stands, takes So Senators LIEBERMAN and COLLINS, 10 years to pay for $200 million. We AFRICAN GROWTH AND the two managers of this bill from the have a $3.7 trillion budget—or CR—and OPPORTUNITY AMENDMENT ACT Homeland Security Committee, said: we can’t find—it is less than one-hun- OK. We don’t think this is the right The ACTING PRESIDENT pro tem- dredth of 1 percent, and we can’t find thing to do, but we will not make the pore. Under the previous order, the it. So what this does is delay the cost— provisions mandatory anymore. That is Senate will proceed to the consider- the payment—for this bill over a period still not good enough for the Chamber ation of S. 3326, which the clerk will re- of years, all the way out to 2023. No of Commerce. A voluntary alternative port. family who is broke gets to operate is still something opposed by the The assistant legislative clerk read that way—and we are. Nobody who has Chamber of Commerce. as follows: maxed out their credit cards gets to do I have and numerous other people A bill, (S. 3326), to amend the African that, and we have maxed them out. So have come to the floor and talked Growth and Opportunity Act to extend the what we are saying is there is a ton of about how important this bill is. The third-country fabric program and to add money that is available that we can bill that is before this body now that South Sudan to the list of countries eligible use. we are going to vote cloture on would for designation under that Act, to make We have had three amendments on be a wonderful step forward. No, it technical corrections to the Harmonized Tar- this floor that everybody who is going doesn’t do everything everyone wants, iff Schedule of the United States relating to to be in opposition to this have voted but it is a good bill. It is to protect our the textile and apparel rules of origin for the for to eliminate duplication. The vast country. The leaders of the security of Dominican Republic-Central America-United States Free Trade Agreement, to approve the majority of my colleagues on the other this Nation, including General renewal of import restrictions contained in side have voted for it, and the vast ma- Patraeus, General Dempsey, and the the Burmese Freedom and Democracy Act of people working in NSA say this bill is jority of my colleagues on my side 2003, and for other purposes. have voted for it. So we are going to more important than Iran, Afghani- The ACTING PRESIDENT pro tem- stan, Pakistan, and North Korea. But use that same skill where we know pore. The Senator from Oklahoma. there is waste and we know there is in- the Chamber of Commerce has now Mr. COBURN. Mr. President, first of interjected themselves in the security efficiency. We have tons of GAO re- all, I wish to say I appreciate the lead- ports, tons of IG, and tons of oversight of this Nation. They think they know ership for working to ensure a vote on more than Patraeus, Dempsey, and all of the Homeland Security Committee this package. This package was slowed in the Senate that shows where the du- the leaders of this country. They are down not because anybody is truly op- telling the Republicans to vote against plication is. All we are asking is, let’s posed to what we are trying to do, but this, believing they will get something pay for it. Let’s pay for it. the package was slowed down because better later on. Maybe they will, but This place is so manipulated, I of the way we are paying for it. We are right now here is what we have. I think couldn’t get a score until yesterday be- going to see that coming over from the it sends a very bad message to the cause somebody was telling them don’t House as well. It is not a Republican or country that Republicans are not will- give him a score. Then when we a Democratic problem; it is a problem ing to support this legislation. changed the amendment, all of a sud- To show how serious the Republicans of all of us because there is going to be den, because we want to know what the are to get this bill done, they filed an an emergency farm bill, a disaster bill, amendment says, CBO says: Well, wait amendment on a right-to-work law and coming over that is going to spend al- a minute. That might not work. The they filed an amendment on repealing most $400 million, and it is paid for fact is CBO didn’t read our amendment Dodd-Frank. That is just some of the over 5 years. That has to stop. It has to right, and they know they didn’t. So beginning volleys they shot over here. stop. OMB was consulted. They said this My friend, the Senior Senator from Ar- Right now, in this country, every amendment is implementable, and it izona, steps in and says: We are work- man, woman, and child is on the hook fits with what the President was rec- ing on a list. for $53,000 of debt. So the typical Amer- ommending in terms of consolidation So I am disappointed, perplexed, and ican family is on the hook for 212,000 of programs. somewhat confused about how the Re- bucks right now because of what we So what it says is let’s make this a publicans want to proceed. It is obvi- have done. So my objection was not start today. Let’s actually start paying ous—it is obvious—until they get a with the AGOA package, it is not with for things in the years in which we are signoff from the chamber of commerce Myanmar, it is not with any of that. going to spend the money, and let’s not that nothing will happen on one of the Those are great policy things. My ob- kick the can down the road. Let’s not most important security interests this jection is we are addicted to not ful- charge it to our kids because the his- country has faced in generations. filling our responsibilities and delay- tory is we take 10 years to pay for So I would suggest that the Repub- ing. something, we come back next year lican leader, rather than trying to So this is a very simple, straight- and we will change it. We will change denigrate this legislation that has been forward message and amendment that it. So what was paid for this year all of done with the best interests of the does two things: One, it recognizes the a sudden is not paid for anymore, and country at heart—including one of his recommendation of the Obama admin- it is smoke and mirrors for the Amer- most valued Senators, Ms. COLLINS—do istration in terms of duplication and ican people. a conference call with the chamber of the need for consolidation. That is how So this is very straightforward. It is commerce. Have them come down here we are eventually going to get out of a clean pay-for. It uses two mecha- and tell them what they want, and the hole. We have $130 trillion in un- nisms to get there which have been maybe, with what the chamber of com- funded liabilities, and we have $16 tril- scored that will accomplish it. merce wants, we can work something lion in debt. It was a good rec- I fully support the AGOA. I am sorry out, because they are ruling the place ommendation. We totally ignored it. we got delayed. I am actually sorry it now as far as this legislation goes. We have ignored it. Nothing has hap- took—because there has already been

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5905 some damage done, than had we passed (c) CONFORMING AMENDMENT.—Section value, the importance of this bill is it when it came here. That was never 102(2) of that Act (19 U.S.C. 3701(2)) is amend- what I choose to speak to. I may at my intent, but we can right that today. ed by striking ‘‘48’’. some point reserve time to speak to (d) EFFECTIVE DATE.—The amendments other issues embedded in the amend- What I agreed to is if I lose the amend- made by this section shall take effect on the ment, fine. But to not try to pay for date of the enactment of this Act. ment, but I first wanted to speak to things, to not create a discipline to get SEC. 2. ELIMINATION OF UNNECESSARY DUPLI- the underlying bill. back where we should be—we are going CATION, REDUNDANCY, AND OVER- I am the chairman of the African Af- to do this. We may not do this today, LAP OF FEDERAL TRADE PRO- fairs Subcommittee of the Senate For- but I promise my colleagues the inter- GRAMS. eign Relations Committee, and it is, in Notwithstanding any other provision of some ways, my special honor and chal- national financial community, in a law, the Director of the Office of Manage- very short period of time, is going to ment and Budget shall coordinate with the lenge to help this body grasp why the make us do this. So let’s start doing it heads of the relevant Federal agencies— African Growth and Opportunity Act is on our own under our own terms rather (1) to, not later than 60 days after the date important for us to reauthorize today. than what some foreign bondholder or of the enactment of this Act, eliminate, con- Specifically what I am speaking to is the Chinese want to do. solidate, or streamline Federal programs and the third-country fabric provision The other objection that might be Federal agencies with duplicative or overlap- which expires in September. This there is, well, if we do this, it will have ping missions relating to trade; Chamber is about to go out of session (2) to, not later than September 30, 2012, re- to go back to the House. That is right. later today, and every day we delay in scind the unobligated balances of all the reauthorization of this critical pro- This passed on suspension. There was amounts made available for fiscal year 2012 very little opposition to it. It will go for programs relating to trade for the De- vision costs jobs, costs opportunity, back modified; they will pass it. I have partment of Commerce, the Small Business and costs the future. Let me speak to talked to the Speaker. They haven’t Administration, the Export-Import Bank of that for a few minutes, if I might. passed the other one first because they the United States, the Overseas Private In- Creating American jobs and fueling are waiting on us to act. We will hold vestment Corporation, and the Trade and De- our economic recovery is my top pri- ours at the desk because it has a rev- velopment Agency, with the amounts re- ority, and I know it is for many Mem- scinded to be deposited in the general fund of bers of this body. That is why I am enue problem; they will modify theirs; the Treasury for purposes of deficit reduc- here to talk about what we can do to they will do exactly what we did. I tion; strengthen our economic security. It would just appreciate us standing up to (3) to reduce spending on programs de- may surprise my colleagues, but the the real problems in front of us. scribed in paragraph (2) by not less than truth is one of the best ways to look It is a great goal to want to help $192,000,000 in fiscal years 2012 and 2013 (infor that future opportunity is one that these areas. It is a great goal to put cluding the amounts rescinded pursuant to was considered among the least likely the sanctions back on Myanmar so paragraph (2)); and just a few years ago in Sub-Saharan Af- that they can be adjusted and used to (4) to report to Congress not later than 180 days after the date of the enactment of this rica. create freedom. Those are great goals. Act with recommendations for any legisla- Access to emerging markets is crit- But there is a greater goal because tive changes required to further eliminate, ical to America’s health and growth, none of those things are going to mat- consolidate, or streamline Federal programs and increased political stability and ter if our financial system, our way of and Federal agencies with duplicative or rising wages in an emerging middle life, crashes around us because we are overlapping trade missions. class across Africa makes it the most not responsible here. The ACTING PRESIDENT pro tem- promising continent for countries will- I reserve the remainder of my time. pore. Who yields time? ing to invest in long-term partnerships The ACTING PRESIDENT pro tem- The Senator from Delaware. with the United States. In AGOA—the Mr. COONS. Mr. President, I rise pore. Does the Senator wish to call up African Growth and Opportunity Act— today to speak both in favor of the pas- his amendment? and its third-country fabric provision, sage of the bill, S. 3326, and to speak Mr. COBURN. I do. I thank the Chair. the United States has seized this op- against the Coburn amendment. AMENDMENT NO. 2771 portunity to pursue broad and mutu- I, first, wish to thank Leaders REID The ACTING PRESIDENT pro tem- ally beneficial economic relationships and MCCONNELL, as well as Senators pore. The clerk will report. that give American consumers and BAUCUS and HATCH, for working to- The assistant legislative clerk read businesses economic security by allow- gether diligently to find a path forward as follows: ing eligible countries to export apparel for passing this bill. I wish to recognize The Senator from Oklahoma [Mr. COBURN] from Africa that is more affordable to Senator COBURN and Senator MENEN- proposes an amendment numbered 2771. the American consumer and, in so DEZ for being willing to work with us Mr. COBURN. I ask unanimous con- doing, create jobs in Africa that other- to get to today. wise would be elsewhere in the world. sent that the reading of the amend- I say with some regret that I stand to ment be dispensed with. This key provision, as I have said, ex- speak against the Coburn amendment pires in September. Our delay in mov- The ACTING PRESIDENT pro tem- because I respect and recognize Sen- pore. Without objection, it is so oring forward with reauthorization that ator COBURN’s determination to hold has earned strong bipartisan support is dered. this body accountable and to find path- The amendment is as follows: already disrupting production for ways forward to deal with our record American apparel companies along (Purpose: In the nature of a substitute) deficit and debt. In that broader objec- with the supply chain on which their Strike all after the enacting clause and in- tive, I look forward to working with customers depend. In my view, we can- sert the following: him on finding responsible pay-fors in not wait to take action. America can’t SECTION 1. AMENDMENTS TO AFRICAN GROWTH future bills and in finding ways that we AND OPPORTUNITY ACT. afford to turn its back on African mar- can steadily partner to reduce the def- kets, and Congress can’t afford to turn (a) EXTENSION OF THIRD-COUNTRY FABRIC icit and to find and root out waste and PROGRAM.—Section 112(c)(1) of the African its back on extending this provision. Growth and Opportunity Act (19 U.S.C. abuse in Federal spending. But I have Every 3 years since 2000, Congress has 3721(c)(1)) is amended— to say in this particular case, on this unanimously passed the reauthoriza- (1) in the paragraph heading, by striking amendment, on this day, if we change tion of this provision without con- ‘‘2012’’ and inserting ‘‘2015’’; the pay-for, we kill the bill. troversy, and it is, in my view, time to (2) in subparagraph (A), by striking ‘‘2012’’ We have heard clearly from the Re- do so again. and inserting ‘‘2015’’; and publican chairman of the House Ways I respect Senator COBURN’s concern (3) in subparagraph (B)(ii), by striking and Means Committee, Mr. CAMP, and that we must change business as usual ‘‘2012’’ and inserting ‘‘2015’’. from his ranking minority member, in this Chamber, but the timing of this (b) ADDITION OF SOUTH SUDAN.—Section 107 Congressman LEVIN, that they will not of that Act (19 U.S.C. 3706) is amended by in- amendment and the timing of this con- serting after ‘‘Republic of South Africa take up this bill if amended in this cern is, to me, not wise. (South Africa).’’ the following: form, if broken and reassembled, or if Today Secretary Clinton is in the ‘‘Republic of South Sudan (South sent over in any other way. The pres- middle of a continent-wide tour of Afri- Sudan).’’. sure of today and the pressure of the can countries. She is engaging with

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5906 CONGRESSIONAL RECORD — SENATE August 2, 2012 countries for strong emerging middle The ACTING PRESIDENT pro tem- We do a lot of great things. You want classes, and that offers us great oppor- pore. The Senator from Georgia is rec- to talk about job creation? Job cre- tunity: future economic partnership ognized. ation has decreased by 1 million jobs a and very real political partnerships. Mr. ISAKSON. Mr. President, I rise year in this country simply because we From Ghana to Ethiopia to Tanzania for just a moment to do two things. continue to add to our debt. And this to a half dozen other countries, some of First of all, I spent 33 years selling bill adds to our debt. It is not paid for. the fastest growing economies in the houses. I have dealt with honest bro- It has another trick in there that actu- world are in Sub-Saharan Africa. The kers, and I have dealt with brokers who ally charges more in corporate taxes seven countries that are the fastest were hard to deal with and whom I just to get around pay-go. growing economies in Sub-Saharan Af- would never categorize as honest. Sen- So the point is—and I will not have rica are home to 350 million potential ator COBURN from Oklahoma is the any more to say on this bill so we can consumers of our products. In my view, most honest broker I have ever dealt go on and get to the other—the point that is why I am urging my colleagues with in politics or in selling houses. I is, if we stood and did the right thing to vote against the Coburn amendment wish to acknowledge for just a second and led this country by actually paying and to allow us to pass this critically exactly what he said about the process, for something at the time, the House important bill today. Failing to do so, his support for the AGOA provisions would change it—just for the very rea- in my view, is bad for Africa and for but his concern about the pay-for, but sons the Senator from Delaware said. America. the fact that he never tried to scuttle It is important. If we had a strong vote this piece of legislation, he only tried that said: Yes, it is important, but, by Reauthorizing this provision sup- dingy, we are not going to keep doing ports the poorest African workers, the to get his day in court. I respect that, and I want him to know that. If we all the same thing that has been bank- vast majority of them women. Senator rupting this country—but now we use acted a little bit more like that, we ISAKSON, who is my capable and tal- an excuse to say: Well, here is our rea- would have a lot more debate on the ented ranking minority member on the son why we cannot do what is right. African Affairs Subcommittee, joined floor and a lot fewer problems in terms America should spit us out of their with Congressman SMITH and Congress- of running our country. mouth. We never find the right time to woman BASS, who are our counterparts As far as AGOA, I want to say this. actually have the fiscal discipline that in the House, in hosting a meeting 3 As the chairman and ranking member, will solve our county’s problems and months and 6 months ago with roughly as Senator COONS and I are, of the Afri- create a viable future for our children, 35 Ambassadors from all over the con- can Affairs Subcommittee, we travel to let alone African children. tinent who pleaded with us to reau- that continent quite a bit. One of my So that is a real choice today. I do thorize this critical provision. trips was to the Sudan, to Darfur, and not expect to win this because this The economic benefits of a strong to the South Sudan, when the com- place is not going to change until the middle class in Africa are obvious—a prehensive peace agreement was being people who are here decide that the fu- pool of new consumers hungry for negotiated. As this body knows, the ture of our country is more important American products; potential partners South Sudan had their revolution than anything else and we start acting for us. And countries with flourishing peacefully. South Sudan became the like it. And we can do good things middle classes are more likely to have newest country on the face of this internationally, but we can do them strong democratic institutions, good Earth, and South Sudan will become, if the right way that will not put our governance, and low corruption. They AGOA passes today, one of the parties children at risk. Our debt level is such are more likely to be stable and bul- to this agreement, which is critical to that our GDP is decreased by 1 percent warks against instability in Africa, a the developing economy of the South right now—it is proven—just because of region that I think is vital to our fu- Sudan as an independent nation. Fur- the amount of debt we have. ture. ther, the other nations that are in- So we are going to pass a bill with In short, then, reauthorizing this pro- cluded are nations that depend on this great intentions, with which I agree. It vision and continuing our strong bipar- legislation to raise a middle class in will have a great result; I agree with tisan support of tradition for AGOA is Africa that will become the customers that. We can do both. We can actually where the United States can continue of the United States of America and do better. But it is because there is not to differentiate itself from competitors our businesses. the spine in the Senate to stand up and such as China, which recently sur- I say often in my speeches about Af- make the hard choice. This country is passed the United States as Africa’s rica that if it is true that Europe was full of people outside of Washington No. 1 trading partner. The United the continent of the 20th century in the who are used to making hard choices, States has exports to Sub-Saharan Af- first 50 years and if it is true that Asia and they are doing it in this tough eco- rica that exceeded $21 billion last year, was the most important continent in nomic time all the time. They are growing at a pace that exceeds our ex- the last 50 years of the 20th century, making hard choices. We lack the in- ports to the rest of the world. Africa is the continent of the 21st cen- testinal fortitude to do that. We should tury. This is an agreement that is im- Africans want to partner with us. have them here and us home because portant to our relationship with Afri- They want to work with us, and they they know how to get it done. ca, it is important to our economy, it So what we are going to do is we are seek opportunity. This sort of biparti- is important to American textiles, and going to do the same thing we have al- sanship that in the past has allowed it is important to jobs in Africa. ways done. We are not going to make this AGOA third country fabric provi- I commend Senator COONS for his the hard choice. We are not going to do sion to be reauthorized without con- hard work, and I intend to support the the best we can do. We are going to set- troversy is one that I think we should AGOA bill and ask all of my fellow col- tle for second best because we have an embrace again today. So let’s end the leagues to do the same. excuse not to make the hard choice. delays and reauthorize this provision. I yield back. The excuse right now is that the House Mr. President, I yield 3 minutes of The ACTING PRESIDENT pro tem- will not move. Well, I will guarantee my time, if I might, to the Senator pore. The Senator from Oklahoma is you, if it as important as Senator from Georgia, who would like to speak recognized. COONS and Senator ISAKSON say it is, to the issue of the value of the African Mr. COBURN. Mr. President, it is in- and Representative SMITH, and we sit Growth and Opportunity Act. triguing to me. We heard the Senator here and say our position is that it is Mr. ISAKSON. Mr. President, may I from Delaware absolutely assure us paid for within 2 years, I will bet you inquire of the Chair how much of the that if we defy this, the House is not by tomorrow it will be paid for within proponents’ time would that 3 minutes going to do the right thing. My con- 2 years. But we will not ever do that leave? versation with Chairman CAMP was dif- because we lack the courage to do the The ACTING PRESIDENT pro tem- ferent from that. I do not know what hard thing, the right thing. What has pore. Five minutes. the timing was between our conversa- that gotten us? It has gotten us deeper Mr. ISAKSON. Thank you, Mr. Presi- tions. But it is never the right time in in debt, a depressed economy, an anx- dent. Washington to fix our problems. ious American citizenry that has no

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5907 confidence about the future, which is million of waste and duplication at comprehensive cyber security legislation. We so self-fulfilling in terms of driving the several important trade agencies and must act now. economy down even further. direct the administration to slash their How many more implorings do we It is time for us to lead. This is a budgets for that amount and then hope need from our Nation’s top homeland small issue, but if we cannot even pay for the best. and military officials to act on what for $200 million over 2 years, we do not That is what Senator COBURN’s pro- many believe to be the greatest threat deserve to be here, we do not deserve posed offset would do. These are agen- that is facing our Nation? A cyber at- it, because what we are really doing— cies that promote and finance U.S. ex- tack with catastrophic consequences is we are helping people in Africa, we are ports and help small and large U.S. a threat to our national security, our helping the freedom in Burma, but businesses export and compete in a economic prosperity and, indeed, to our what we are really doing is taking just global market. In my view, exports, very way of life. Our adversaries have a little bit of freedom away from our particularly to this market, mean jobs. the means to launch a cyber attack kids. That is the real vote here. It is So I am not convinced that now is the that would be devastating to our coun- really not about money; it is about de- time to blindly slash our ability to ex- try. All the experts tell us, it is not a stroying the future prospects of this port. I think we should instead be en- matter of if a cyber attack is going to country because we refuse to make a couraging exports. be launched, it is when it is going to hard choice. In the context of the Federal budget, occur. There can be a lot of flowery speech- $192 million is a very, very small So I find it incredible and indeed ir- es about it. We can say we are going to amount of money. I look forward to responsible that this body is unable to do something good. I will tell you that working with Senator COBURN to find reach an agreement to allow us to well-intentioned desires by the Mem- other places where we can find reduc- move forward on this important legis- bers of this body are what has us $16 tions of this size. But this amendment, lation. It is astonishing to me that ir- trillion in debt. at this time, on this day, would kill the relevant, nongermane amendments I will not spend any more time. I broader and more important objective have been filed to this important bill have the greatest respect for the Sen- of reauthorizing the African Growth on both sides of the aisle. It is unac- ator from Delaware. I know he believes and Opportunity Act third-party fabric ceptable that we have worked hard and in this cause. He is bigger than this. He provision, of moving forward with rel- have come up with a list of relevant can make this tough vote. He knows evant Burma sanctions, and of moving and germane amendments, and yet we how big the problems are. If we are not forward with an important technical cannot seem to reach an agreement to going to do it now, when are we going fix to CAFTA. proceed. to do it? If we are not going to do it on This is a carefully crafted com- American officials—our government something small, when are we going to promise bill that the House will pass officials—have already documented do it? once we pass it. I urge my colleagues to that our businesses are losing billions We are not going to do it, and that is vote against the Coburn amendment of dollars annually and millions of jobs what the American people get. That is and to move forward with passage of due to cyber attacks, attacks that are why there is an uprising in this coun- this vital bill. happening on our government and busi- try to get back to the basics of the Mr. President, I yield back the re- ness computers and individual com- Constitution. That is why there are mainder of my time and yield the floor. puters each and every day. people who are interested—because we CYBERSECURITY ACT OF 2012 Yet our defenses are not there. Gen- have mismanaged it because we will The ACTING PRESIDENT pro tem- eral Alexander, who knows more about not do the hard part. pore. Under the previous order, the the cyber threat than any individual in Mr. President, I yield back my time. time until 11 a.m. will be equally di- this country, was asked to rank our I will ask for the yeas and nays at vided and controlled between the two preparedness for a large-scale cyber at- the appropriate time. leaders or their designees. tack on a scale of 1 to 10. Do you know The ACTING PRESIDENT pro tem- The Senator from Maine is recog- what he said? He deemed us to be at a pore. The Senator from Delaware is nized. 3. Is a 3 adequate to protect this coun- recognized. Ms. COLLINS. Mr. President, later try from what we know is coming, that Mr. COONS. Mr. President, I wish to this morning we will vote on whether is only a matter of time? thank my colleague from Oklahoma for to invoke cloture on a major cyber se- There have been all sorts of sugges- his remarks. curity bill. In the past 3 days we have tions for improving this bill. We have If I might just conclude my com- received letters from GEN Keith Alex- adopted many of those suggestions. In- ments on this amendment by speaking ander, who is the head of Cyber Com- deed, we have made major changes to in a little detail on the amendment and mand as well as the chief of the Na- make this bill more acceptable to its substance. tional Security Agency, from the Sec- those on my side of the aisle. And what The Senator from Oklahoma essen- retary of Homeland Security, and from has been our reward? To be criticized tially directs the administration to the Chairman of the Joint Chiefs of for making changes in the bill, for hav- find $192 million in reductions in spend- Staff, urging us to act immediately on ing Members on our side of the aisle, ing in the following agencies: the De- this important legislation. Let me read my side of the aisle, say, well, now it is partment of Commerce, the Small briefly from all three of these letters. a different bill. Business Administration, the Export- General Alexander said the following: Well, it is a different bill because we Import Bank, the Overseas Private In- I am writing to express my strong support took their suggestions, and we took vestment Corporation, and the Trade for passage of a comprehensive bipartisan the suggestions of a bipartisan group and Development Agency. cyber security bill by the Senate this week. acting in good faith headed by Senator The cyber threat facing the Nation is real In my role as the chair of the African KYL and Senator WHITEHOUSE. There is and demands immediate action. The time to Affairs Subcommittee, we recently act is now; we simply cannot afford further much more I want to say on this issue. held a hearing on expanding U.S. trade delay. I see the chairman has arrived on the opportunities in Africa for exactly the That is what General Alexander has floor. I know opponents to the bill such reasons I elucidated previously: that told us. as Senator HUTCHISON wish to speak there is enormous growth, there are Secretary Napolitano wrote to us: and should certainly be given the right great opportunities across the con- I am writing to express my strong support to do so. But let me say that rarely tinent. Our competitors from all over for S. 3414, the Cybersecurity Act of 2012. I have I been so disappointed in the Sen- the world—not just China but Brazil, can think of no more pressing legislative ate’s failure to come to grips with a Russia, and other European countries— need in our current threat environment. threat to our country that all of these are expanding their investment and The Chairman of the Joint Chiefs of officials have warned us over and over their seizure of these opportunities in a Staff, General Dempsey, wrote the fol- again is urgent and must be addressed way that we are not. lowing: now. Not maybe in September; not The structure of this amendment I am writing to add my voice to General probably by the end of the year; not in would simply declare that there is $200 Alexander’s and urge immediate passage of the next Congress, but now.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5908 CONGRESSIONAL RECORD — SENATE August 2, 2012 The ACTING PRESIDENT pro tem- bill that did not get marked up in com- tomers and institutions. It misses an pore. The Senator from Texas is recog- mittee. opportunity to substantially improve nized. In our discussions, we are talking cyber threat information sharing be- Mrs. HUTCHISON. Mr. President, I about amendments. I want to say that tween the Federal Government and the wanted to get the time for our side and the proponents of the bill before us private sector. the time for the bill sponsor’s side and have certainly been willing to talk and The National Association of Manu- clarify that the people on our side adjust and try to make changes in the facturers says: The creation of a new would have 15 minutes. Is that correct? bill. It is not there yet even though we government-administered program in The ACTING PRESIDENT pro tem- have been meeting pretty much con- an agency yet to be named forces un- pore. The time is divided between the stantly. There are three different necessary regulatory uncertainty on two leaders or their designees. The Re- groups that have a very strong inter- the private sector. publican side has approximately 9 min- est. All of us are interested in getting The defense industry groups are very utes, and the majority side has 16 min- a cyber security bill, but none of us concerned about not having direct ac- utes. likes what is before us—well, obviously cess to the National Security Agency Mrs. HUTCHISON. I wanted to clar- the proponents of the bill like what is with whom they deal now, and this bill ify that there would be time for the op- before us. would take that away from their capa- position side. I did not know if Senator But two other groups are very con- bilities. COLLINS is speaking for the majority cerned about further needs in the bill. The ACTING PRESIDENT pro tem- side then or the minority side. I am Let me say that we have an alternative pore. The Senator has 5 minutes re- trying to clarify to assure that the op- called SECURE IT. It is cosponsored by maining. position is getting some equal amount eight of the ranking members of com- Mrs. HUTCHISON. Let me ask my of time or close to equal. mittees and subcommittees that have colleagues, I have reserved the 5 min- Mr. LIEBERMAN. Mr. President, I jurisdiction over cyber security. Sen- utes that I have for opponents. Is that understand the time is divided between ators MCCAIN, myself, CHAMBLISS, going to change, Senator LIEBERMAN? the two leaders. But I think there is 15 GRASSLEY, MURKOWSKI, COATS, BURR, If not, I will give 21⁄2 minutes each to minutes for the proponents and for and JOHNSON are cosponsoring a bill Senator MCCAIN and Senator CHAM- those opposed. I would ask unanimous that could pass the House and go to the BLISS of my 5 minutes. consent that that be the case. President. Mr. LIEBERMAN. Mr. President, I The ACTING PRESIDENT pro tem- My concern with S. 3414, on which we think that is the situation we are in, pore. Is there objection? are voting on cloture, is on the process, because the vote is set to go off in a lit- Ms. COLLINS. Reserving the right to because we have not had a chance to tle more than 15 minutes. I have not object, it is my understanding that I amend this bill. The majority leader is spoken yet. am managing the time on the Repub- attempting to invoke cloture and fill Mrs. HUTCHISON. I will ask my col- lican side. I, of course, want to make the tree so that we are not able to put leagues, Senator MCCAIN—I can give sure that the Senator from Texas is any amendments on this bill at all. It you 21⁄2 minutes to you and Senator treated fairly and is given an oppor- is a bill that will not get 41 votes for CHAMBLISS. While they are going to tunity to present her views. But it was sure. And there are many others who their microphones, I want to say that my understanding that the 15 minutes are very concerned about the substance they have been instrumental in trying is allocated to me to dole out or to al- of the bill. to get a consensus bill. And they, like locate on our side. You cannot have a bill with no myself, are very disappointed that we Mrs. HUTCHISON. Then how much amendments that is this important and are prematurely voting on a cloture time would the proponents have with this technical. Let me state some of motion when we have had no ability to Senator COLLINS and Senator LIEBER- my concerns on the bill before us. amend the bill. MAN on the proponents’ side? First, it will actually undermine the I yield 21⁄2 minutes to Senator The ACTING PRESIDENT pro tem- current information sharing between MCCAIN. pore. The time is divided between the the government and the private sector. The ACTING PRESIDENT pro tem- two sides, not between the proponents The biggest priority we have is to get pore. The Senator from Arizona is rec- and opponents. the private sector to the table and to ognized. Mrs. HUTCHISON. How much, then, make sure they have the ability to not Mr. MCCAIN. Well, Mr. President, I would be left on the Republican side? only give information to the govern- want to again thank Senator LIEBER- The ACTING PRESIDENT pro tem- ment but get information from the MAN and Senator COLLINS for their will- pore. There is 7 minutes left on the Re- government. Furthermore, they must ingness to negotiate seriously. I want publican side. The majority side has 15. be able to share among the other indus- to thank also Senator CHAMBLISS as Mrs. HUTCHISON. Mr. President, I tries, if they see a cyber threat, on an well as Senator HUTCHISON and many would ask unanimous consent that the expedited basis. others, Senator KYL and others. opponents have at least 10 minutes. No. 2, the Department of Homeland We have had large meetings, small Ms. COLLINS. I have no objection. Security would be granted authority meetings, medium-sized meetings. We Mr. LIEBERMAN. Nor do I. over standard setting for private sector have had discussions among various The ACTING PRESIDENT pro tem- systems. That is unacceptable in the groups. I believe we sort of had the out- pore. Without objection, it is so or- private sector and most certainly is lines of a framework that we could dered. not going to produce what is a con- have had a certain number of amend- The Senator from Texas. sensus for getting the information we ments that we all agreed to that would Mrs. HUTCHISON. Mr. President, I need. It assumes that government must be voted on. At the same time, we wish to be notified when I have 5 min- take the adversarial role against pri- could prevail upon some of our col- utes left, because Senator MCCAIN is vate network owners in order to get co- leagues not to have nongermane expected on the floor, and if Senator operation when, in fact, both the gov- amendments. CHAMBLISS or others come, I would like ernment and the private sector share Unfortunately, the first amendment to have the time. the same goals of increased cyber secu- proposed by the majority leader has to The PRESIDING OFFICER. The rity. do with tax cuts. Look, I say to my col- Chair will do so. Let me read from a couple of letters leagues that I think we have developed Mrs. HUTCHISON. Mr. President, I we have received with concerns about a framework where we can move for- rise to express my disappointment that this bill. The American Bankers Asso- ward with a certain number of germane we are taking a vote that is very preciation, the Financial Services Round- amendments. All of us appreciate how mature. Not that we have not been dis- table, the Consumer Bankers Associa- important this issue is. cussing this bill for over a year. I have tion, and 6 other organizations say: I don’t see the need for this vote. Clo- certainly been one of the first to say This legislation threatens to under- ture will not be invoked. All it will do that we should vote on a cyber security mine important cyber security protec- is embed people in their previously bill. This is a complicated bill. It is a tions already in place for our cus- held positions. What we should be

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5909 doing is continuing productive negotia- that common ground between the gov- as well as decrease the current level of infor- tions and discussions that we had all ernment and the private sector to en- mation sharing between private entities. As the Senate considers S. 3414, a legisla- during yesterday, put off this cloture sure the protection of the basic critical tive proposal we support could be considered vote, and try to come to some agree- infrastructure in this country. as an amendment on the Senate floor; spe- ment in recognition that cyber secu- I thank the Chair and yield the floor. cifically, Amendment #2581 offered by Sen- rity is a vital national security issue. Mrs. HUTCHISON. Mr. President, I ators Hutchison and McCain, which encom- We all recognize that. We started out ask unanimous consent to have printed passes the SECURE IT Act of 2012 (S. 3342). very much poles apart. I think there in the RECORD the two letters from This amendment would provide necessary have been some agreements made which I read in my statement and an updates and clarifications to current law that will facilitate and increase cyber intel- which I view as significant progress. article from the Wall Street Journal this morning on this issue. ligence information sharing within the pri- I regret, I say to Senator LIEBERMAN, vate and public sectors, as well as update the Senator COLLINS, and all my col- There being no objection, the mate- federal information security policy, encour- leagues, that we are taking this vote rial was ordered to be printed in the age research and development, and increase when we should be spending our time— RECORD, as follows: criminal penalties. We encourage you to sup- at least the rest of the day—setting up AUGUST 1, 2012. port this amendment, which builds upon our a framework that we can address cyber Hon. HARRY REID, existing regulatory structure, better pro- security during the first week we are Majority Leader, U.S. Senate, tecting financial institutions and our customers. back in September. But it is what it is. U.S. Capitol, Washington, DC. We recognize that more needs to be done to I thank Senators LIEBERMAN and Hon. MITCH MCCONNELL, encourage high levels of cybersecurity pro- COLLINS for their willingness to sit Republican Leader, U.S. Senate, tection across all sectors deemed critical in- down and negotiate. We still have sig- U.S. Capitol, Washington, DC. frastructure. We would like to continue to nificant differences, but I think those DEAR MAJORITY LEADER REID AND REPUB- work with you and your colleagues in the LICAN LEADER MCCONNELL: The financial could have been resolved. I hope this Senate to pass legislation that accomplishes services industry, represented by the under- this goal, while utilizing existing regulatory vote doesn’t have a chilling effect on signed organizations, opposes the Cybersecu- requirements and ensuring a central role for what I think was progress that was rity Act of 2012 (S. 3414) in its current form. sector-specific agencies; this would bolster being made. While we strongly support efforts to protect the ongoing efforts of the financial services The ACTING PRESIDENT pro tem- the nation’s critical infrastructure from industry as we continue to improve the effec- pore. The Senator’s time has expired. cyber-attacks, this legislation threatens to tiveness of our cybersecurity. Mr. MCCAIN. On issues of trans- undermine important cybersecurity protec- We look forward to working with you and parency and information sharing and tions already in place for our customers and your colleagues on this important issue. American Bankers Association, American others, there are still differences, but institutions, and misses an opportunity to substantially improve cyber threat informa- Council of Life Insurers, The Clearing House they have been narrowed. Again, I tion-sharing between the federal government Association, Consumer Bankers Association, thank my colleagues for their hard and the private sector. Electronic Funds Transfer Association. work. Our sector recognizes the very real and on- Financial Services Information Sharing The ACTING PRESIDENT pro tem- going threat of cyber-attacks and works very and Analysis Center (FS-ISAC), The Finan- pore. The Senator from Georgia. hard to prevent those attacks by constantly cial Services Roundtable, NACHA-The Elec- Mr. CHAMBLISS. Mr. President, let updating, and investing heavily in our secu- tronic Payments Association, Securities In- dustry and Financial Markets Association me add to what Senator MCCAIN has rity systems. We work tirelessly, day and (SIFMA). said. We have been working very hard night, to block cyber-attacks, including with the sponsors of the bill, Senators working with the federal government and other private sectors to share information NATIONAL ASSOCIATION LIEBERMAN and COLLINS, who have been and design effective ways to mitigate cyber OF MANUFACTURERS, receptive and open to our dialog over threats. Given this, we believe any legisla- July 25, 2012. the last several days and weeks. It is tion passed by the Senate, and eventually Hon. HARRY REID, an indication, No. 1, that everybody in enacted into law, must take a balanced ap- U.S. Senate, Hart Senate Office Building, this body recognizes the seriousness of proach that builds upon, but does not dupli- Washington, DC. this issue, but it is also a recognition cate or undermine what is already in place Hon. MITCH MCCONNELL, of the complexity of this issue. There and working well in the financial sector. At U.S. Senate, Russell Senate Office Building, are about four or five committees of ju- the same time, it should enhance Cybersecu- Washington, DC. rity protections in areas where they are DEAR MAJORITY LEADER REID AND MINOR- risdiction that have a piece of the issue most needed. ITY LEADER MCCONNELL: On behalf of the of cyber security and, unfortunately, There are several issues and questions 12,000 members of the National Association we didn’t go through the regular order raised by the technical language included in of Manufacturers (NAM), the largest manu- of giving all those committees the op- the revised bill. For instance, while the spon- facturing association in the United States portunity to go through the regular sors of the legislation have attempted to de- representing manufacturers in every indus- markup process. That may or may not sign a voluntary framework for the designa- trial sector and in all 50 states, I am writing tion of ‘‘critical infrastructure,’’ the text of to express the NAM’s concern with S. 3414, have solved some of the issues we are the bill would likely create a mandatory reg- now dealing with. But we are down to the Cybersecurity Act of 2012 scheduled to be ulatory regime that could displace robust ef- considered by the Senate this week and reit- the final minutes before a cloture vote. forts already being made in the financial sec- erate our support for S. 3342, the SECURE IT Unfortunately, I will vote against tor to combat the risk of cyber-attacks. Ad- Act, cybersecurity legislation that includes cloture and I recommend that my col- ditionally, the government agency ‘‘Coun- consensus-based provisions supported by leagues do likewise and that we concil’’ created in Title I of the bill to conduct manufacturers. tinue over this break to negotiate on risk assessments, and set best practices for As currently written, S. 3414 raises signifi- the remaining issues we have. They protecting critical infrastructure does not cant concerns for our members. While we have been narrowed in number and provide a meaningful role for sector-specific support increasing information sharing and agencies that oversee financial institutions. reducing companies’ liability, the legislation scope. Both sides are negotiating in The bill does not recognize the existing secu- unfortunately does not allow manufacturers good faith because we all understand rity standards and regulations to which fi- to share information among themselves and this is an issue of such critical impor- nancial institutions are subject, including also receive liability protection. It requires tance. the Gramm-Leach-Bliley Act, nor the reg- companies to share that same information The basic philosophical difference we ular oversight and examinations conducted jointly with a new government entity cre- have is that we all seek to protect the by financial regulatory agencies. This opens ated in the legislation to receive the benefit private sector from cyber attacks that the door for inconsistent and potentially du- of liability protection. The creation of a new may have a huge impact on life or on plicative regulations that are more than government-administered program in an likely to become mandatory for our indus- agency yet-to-be-named forces unnecessary our economy. The issue is, primarily, try. regulatory uncertainty on the private sector, does the government know better how Further, the process for designating finan- creates a system that allows for new, overly to do that or does the private sector cial systems as covered critical infrastruc- prescriptive regulations, and is a disincen- know better how to protect itself, as ture does not provide for meaningful input of tive to share information. we think it does. While we understand financial agencies or the private sector, and NAM members are also concerned that the government has a role to play, we this is crucially important for determining owners and operators of critical infrastruc- have capabilities and capacities within what is, in fact, critical and what is not. Fi- ture would be subject to cybersecurity as- nally, we are concerned that the changes sessments by third-party auditors who are the Federal Government that the pri- made to the Title VII information sharing granted unfettered access to company infor- vate sector doesn’t have, and we recog- provisions could actually restrict some mation. This provision creates economic un- nize that. That is why we have been ne- forms of important information sharing be- certainty as manufacturers are concerned gotiating in good faith to try to find tween the government and private sectors, that the release of proprietary information

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More government mandates feds to act on information about, say, Iran’s are unnecessary and would quickly become cyber-terror plans. sidering cyber security legislation in a obsolete. The White House cited privacy grounds in transparent and nonpartisan manner; Manufacturers through their comprehen- threatening to veto the House bill. Call us and Senators LIEBERMAN and COLLINS, sive and connected relationships with cus- naı¨ve, but we don’t see how the voluntary who have led the effort to craft this re- tomers, vendors, suppliers, and governments sharing of selective data related to legally vised cyber security bill. are entrusted with vast amounts of data. defined cyber threats constitutes an Orwell- Nothing less than the very founda- They hold the responsibility of securing this ian surveillance program. tion of our national and economic secu- data, the networks on which it runs, and the The House and McCain cyber-security pro- rity is at risk, and it is essential that posals offer limited solutions to guard facilities and machinery they control at the we be prepared to defend against cyber highest priority level. Manufacturers know against a ‘‘digital Pearl Harbor.’’ In a world the economic security of the United States is of fast-changing technology, less is better activity that could cause catastrophic directly related to our cybersecurity. The policy, and in this case it stands a far better damage and loss of life in this country. NAM and all manufacturers remain in- chance of becoming the law of the land. Still, some of my colleagues will un- tensely committed to securing our nation’s Mr. KYL. Mr. President, all of us rec- doubtedly make poignant and con- cyberinfrastructure and we look forward to ognize the need to strengthen our vincing arguments for why this Cham- working with you toward this goal. cyber security defense to protect our ber should delay consideration of a Sincerely, defense industrial base, financial sec- comprehensive cyber security bill— DOROTHY COLEMAN, tor, and government networks from na- stressing the complexity of the ques- Vice President, tions involved, the competing jurisdic- Tax and Domestic Economic Policy. tion states and independent hackers. GEN Keith Alexander, commander of tions, and the many unknowns associ- [From the Wall Street Journal, Aug. 1, 2012] the U.S. Cyber Command, said that he ated with a medium where innovation in functionality will continue to out- CYBER HILL BATTLE rates U.S. preparedness at 3 on a scale pace innovation in security. SEARCHING FOR A COMMON SENSE DEFENSE of 1 to 10. So it is important that Con- However, last fall the National Coun- AGAINST A ‘‘DIGITAL PEARL HARBOR’’ gress act responsibly to get this right. terintelligence Executive warned that Every Washington politician and his favor- I voted against invoking cloture on ite lobbyist claim to want to shore up Amer- the cyber security bill because I be- the rapidly accelerating rate of change ica’s cyber-defenses. So naturally Congress is lieve cloture was filed too early. This is in information technology and commu- mucking up efforts to protect financial sys- vast, far-reaching legislation that re- nications is likely to ‘‘disrupt security tems and power grids from hackers, terror- quires ample consideration time. Two procedures and provide new openings ists or rogue states. for collection of sensitive U.S. eco- days isn’t enough. Moreover, Senators The Senate is due to take up cyber-secu- nomic and technology information.’’ In weren’t even given a chance to offer rity legislation this week before its summer fact, the counterintelligence report amendments to improve the legisla- recess. The goal ought to be to find common cited Cisco Systems studies predicting tion, and the legislation wasn’t marked ground with a modest, bipartisan bill passed that the number of devices such as by the House of Representatives in May. In up by a relevant committee. this instance a delay to work out a com- I believe we can ultimately come to- smartphones and laptops in operation worldwide will increase from about 12.5 promise in the autumn is preferable to a gether to find enough common ground billion in 2010 to 25 billion in 2015. hasty vote. so that we can pass a bill that can get The Senate debate so far hasn’t been en- Thus, as a result of this proliferation through a House-Senate conference couraging. The White House supports legisla- in the number of operating systems tion from Joe Lieberman, the Connecticut committee. connected to the Internet, the Counter- We have come a long way since talks Independent, and Maine Republican Susan intelligence Executive has assessed began, and the negotiators have spent Collins. Their Cybersecurity Act of 2012 ex- that ‘‘the growing complexity and den- pands government oversight of private net- an enormous amount of time working sity of cyber space will provide more works. Without further substantial changes, on two key issues: critical infrastruc- cover for remote cyber intruders and the bill has little shot of getting through a ture and information sharing between House-Senate conference. make it even harder than today to es- the government and the private sector. tablish attribution for these inci- John McCain, the Arizona Republican, has I am confident the good will exists to offered better alternatives. He wants to give dents.’’ companies a legal avenue to draw on the gov- work out these differences. So as I said during the Senate Com- ernment’s cyber expertise or share informa- To that end, it is my hope that we merce Committee’s bipartisan, unani- tion about cyber threats with the FBI or Na- who are involved in the bipartisan ne- mous markup of the Rockefeller-Snowe tional Security Agency. As in the House’s gotiations can use the month of August cyber security legislation over 2 years Cyber Intelligence Sharing and Protection to continue. Cyber security isn’t a Re- ago in early 2010, when it comes to the Act, this cooperation would be voluntary. publican or a Democratic issue. Let’s The Lieberman bill brings government threat we face in cyber space, time is work together to pass a bipartisan bill not on our side, and this is further evi- compulsion. The Department of Homeland that the President can sign into law. Security—that nimble bureaucracy—would dence of that irrefutable fact. draw up and enforce new ‘‘minimum’’ cyber- Ms. SNOWE. Mr. President, I rise This Congress could spend another 2 security standards for private business. This today to express my strong support for years debating the merits of various mandate adds costs for government and the finding a path to legislation that will approaches and continuing to operate private economy. The same folks who give at long last confront our Nation’s 21st- based on a reactive hodgepodge of gov- you invasive airport screening will now poke century vulnerability to cyber crime, ernment directives and bureaucratic around IT departments. No wonder the global cyber espionage, and cyber at- confusion. But at the end of the day, Chamber of Commerce wants Homeland Se- tacks. This legislation has been a long the only way to begin preparing our curity to keep its hands off ‘‘our junk,’’ so to time in the making, and over the last speak. Nation to defend against this emerging Mr. Lieberman has softened some provi- several years I have been privileged to threat is to allow the Senate to work sions. He dropped a mandate for private fa- work with colleagues on the Senate In- its will in a full and unrestrained de- cilities to upgrade their cyber-security as telligence and Commerce Committees bate. prescribed by government. He took out a to address some of these consequential In June, Senator WARNER and I urged ‘‘kill switch’’ that lets the President shut matters, including Senator ROCKE- the Senate’s leadership to reach an down the Internet in an emergency. Yet he FELLER, whom I collaborated with agreement ensuring cyber security leg- isn’t going to win bipartisan support in both closely on cyber security legislation islation receives an open debate on the houses as long as any new standards for pri- that passed the Commerce Committee Senate floor during the July work pe- vately owned technology aren’t voluntary. Heeding the ACLU, the White House and unanimously in 2010; Senator riod. In calling for a fair amendment Mr. Lieberman want strict limits on how HUTCHISON, who has worked tirelessly process, we in fact were simply repeat- government agencies can use intelligence with us on these issues as ranking ing the cyber security debate commit- garnered through the information-sharing member on the Commerce Committee; ment made by the majority leader at

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The recent intrusions re- insert additional provisions where the our losses from economic espionage ported by Google are a stark reminder of the majority of the Senate supports them, range from ‘‘$2 billion to $400 billion or importance of these cyber assets, and a and remove provisions if such support more a year,’’ reflecting the scarcity of wake-up call to those who have not taken does not exist.’’ data and underscoring how little we this problem seriously. So I welcomed the majority leader’s currently understand about the total Similarly, the preceding year, on commitment to allow an open amend- effect these malicious cyber intrusions February 12, 2009, Director Blair said: ment process, and I joined my col- have on our economic future. Over the past year, cyber exploitation ac- leagues in voting to invoke cloture on In addition to the threat posed to our tivity has grown more sophisticated, more the motion to proceed to the bill. As I Nation’s prosperity, the Counterintel- targeted, and more serious. The Intelligence have said repeatedly, only a bipartisan ligence Executive’s report noted that Community expects these trends to continue agreement will achieve our shared goal foreign collectors are stealing informa- in the coming year. of passing cyber security legislation to tion ‘‘on the full array of U.S. military As far back as February 5, 2008, then- prevent a devastating cyber attack. technologies in use or under develop- DNI Michael McConnell warned: That process must begin now, and as ment,’’ including marine systems, It is no longer sufficient for the US Gov- one who has served on the Select Com- aerospace and aeronautics technologies ernment to discover cyber intrusions in its mittee on Intelligence for the last dec- used in intelligence gathering and ki- networks, clean up the damage, and take ade, I believe it is essential to begin by netic operations, such as UAVs, and legal or political steps to deter further intru- elucidating the nature of the indis- dual-use technologies used for gener- sions. We must take proactive measures to putable threat we now face. ating energy. detect and prevent intrusions from whatever In June 2010, the Intelligence Com- In April, James Lewis of the Center source, as they happen, and before they can do significant damage. mittee’s Cyber Security Task Force, on for Strategic and International Studies which I served along with Senators testified in an unclassified Senate It was in response to this cavalcade WHITEHOUSE and MIKULSKI, delivered hearing that the delays and cost over- of wake-up calls and threat briefings its classified final report illustrating runs in the F–35 program may be the that Senator ROCKEFELLER and I, in the myriad of challenges to the secu- result of cyber espionage, which in our role as crossover members of both rity of our physical, economic, and so- turn could be linked to the rapid devel- the Intelligence and Commerce com- cial systems in cyber space. I urge my opment of China’s J–20 stealth fighter. mittees, initiated a series of hearings colleagues to review this classified re- He went on to note that Iran has also before the Commerce Committee to port. been pursuing the acquisition of cyber begin considering proposals for collabo- As for some examples we can discuss attack capabilities, noting that FBI rating with the private sector to pre- in an open forum such as this, I encour- Director Mueller has testified that Iran vent and defend against attacks in age my colleagues to read the National appears increasingly willing to carry cyber space. Counterintelligence Executive’s un- out such attacks against the United On April 1, 2009, Senator ROCKE- classified report to Congress entitled States and its allies. FELLER and I introduced one of the ‘‘Foreign Spies Stealing U.S. Economic As Director of National Intelligence first bills aimed at tackling some of Secrets in Cyberspace.’’ The Counter- James Clapper remarked during his un- our Nation’s most vexing challenges intelligence Executive’s report, which classified testimony to the Select Com- when it comes to this issue. Our legis- was released last fall, is truly the au- mittee on Intelligence in January, we lation, the Cybersecurity Act of 2010, thoritative document when it comes to are observing an ‘‘increased breadth was meant to focus the Senate’s efforts portraying in detail the nature of the and sophistication of computer net- on several key priorities, including threat and its ramifications on our work operations by both state and conducting risk assessments to iden- lives and—increasingly—our liveli- nonstate actors’’ and despite our best tify and evaluate cyber threats and hoods. s efforts ‘‘cyber intruders continue to ex- vulnerabilities, clarifying the respon- The report is incredibly eye-opening plore new means to circumvent defen- sibilities of government and private and represents the first time in which sive measures.’’ To illustrate this sector stakeholders by creating a pub- our government has explicitly named point, Director Clapper cited the well- lic-private information sharing clear- China and Russia as the primary points publicized intrusions into the NASDAQ inghouse, and investing in cyber re- of origin for much of the malicious networks and the breach of computer search and development to expand ac- cyber activity targeting U.S. interests. security firm RSA in March 2011, which tivities in critical fields like secure In fact, the report states that the Gov- led to the exfiltration of data on the al- coding, which is indispensable in mini- ernments of China and Russia ‘‘remain gorithms used in its authentication mizing our vulnerability to cyber in- aggressive and capable collectors of system and, subsequently, access to trusions. Our bill also sought to expand sensitive U.S. economic information the systems of a U.S. defense con- efforts to recruit the next generation and technologies, particularly in tractor. of ‘‘cyber warriors’’ to implement these cyberspace’’ and it links much of the Consequently, as Director Clapper defenses through the creation of a recent onslaught of computer network put it, one of our greatest strategic cyber scholarship-for-service program. intrusions as originating from Internet challenges in the coming years will be Our cyber security bill was one of the Protocol addresses in these two coun- ‘‘providing timely, actionable warning first attempts to confront our vulnera- tries. of cyber threats and incidents, such as bilities in cyber space, and with ap- For example, the Counterintelligence identifying past or present security proximately 90 percent of the Nation’s Executive’s report cites a February breaches, definitively attributing digital infrastructure controlled by pri- 2011 study attributing an intrusion set them, and accurately distinguishing vate industry, we made a concerted ef- called ‘‘Night Dragon’’ to an IP address between cyber espionage intrusions and fort to collaborate with businesses and located in China. According to the re- potentially disruptive cyber attacks.’’ ensure our bill incorporated input from port, these cyber intruders were able to As I listened to Director Clapper’s as- experts covering the complete spec- exfiltrate data from computer systems sessment of the cyber threat at the In- trum of this issue. Along the way Sen- of global oil, energy, and petro- telligence Committee’s annual unclas- ator ROCKEFELLER and I have worked chemical companies with the goal of sified worldwide threat hearing this together closely, holding meetings obtaining information on ‘‘sensitive past January, I was reminded of simi- with the White House Cyber Security competitive proprietary operations and lar statements by several of his prede- Coordinator, conducting hearings at on financing of oil and gas field bids.’’ cessors. In fact, on February 2, 2010, the Commerce Committee with experts As the report notes, such activity on then DNI Dennis Blair provided the fol- like James Lewis of the Center for behalf of our economic rivals under- lowing cautionary warning: Strategic and International Studies

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Small effort by the Commerce Committee in continue to voice concerns when it businesses remain the primary job cre- 2010. Moreover, our proposal received comes to the provisions governing ators in this country, responsible for praise from a major telecommuni- ‘‘covered critical infrastructure,’’ or in more than two-thirds of all new jobs cations industry leader who said our other words, those information sys- created. As ranking member of the 2009 bill ‘‘puts the nation on a much tems for our transportation, first re- Senate Committee on Small Business stronger footing’’ to confront the cyber sponders, airports, hospitals, electric and Entrepreneurship, I have advo- threat and a leading telecom associa- utilities, water systems, and financial cated tirelessly for targeted regulatory tion, which said that ‘‘passage of the networks whose disruption would in- reform because there is no doubt that Rockefeller-Snowe Cybersecurity Act terrupt life-sustaining services, cause regulations are stifling small business. is a necessary and important step in catastrophic economic damage, or se- Small firms with fewer than 20 employ- protecting our national infrastruc- verely degrade national security. ees bear a disproportionate burden of ture.’’ I support an effort to raise the bar complying with Federal regulations. Additionally, in February 2011, fol- when it comes to cyber security stand- These small firms pay an annual regu- lowing the Egyptian Government’s at- ards for our most critical, life-sus- latory cost of $10,585 per employee, tempt to quell public protests by deny- taining systems. Yet in order to pass a which is 36 percent higher than the reg- ing access to the Internet, I pledged to bill that has the momentum to become ulatory cost facing larger firms. oppose so-called ‘‘Internet kill switch’’ law, we absolutely must find some mid- In response, I have proposed several authority here in the United States. dle ground with those who have raised amendments to ensure the Small Busi- Consequently, I was pleased when ear- valid concerns about the potential of ness Administration and other con- lier this year Senators on both sides of over-regulation by the Federal Govern- structive stakeholders are involved in the aisle joined me in protecting crit- ment. analyzing the implications of cyber se- ical first amendment rights by agree- For example, I have heard concerns curity performance standards on small ing to reject any provisions that could from the private sector that subsection businesses and recommending options be construed as giving our government 103(g) of the revised bill may cause con- for mitigating any costs or unneces- new authority to restrict access to the fusion and has led many to believe that sary burdens. And I have filed an Internet. the voluntary rules will eventually be amendment that would identify the Thus, although I am not a cosponsor forced upon companies who may al- challenges that prevent the Federal of the legislation before the Senate, I ready have strong security practices in Government from leveraging the capa- recognize that this proposal reflects place. Specifically, this subsection bilities of small businesses to perform many of the core ideas first offered by mandates that all Federal agencies classified cyber security work and to Senator ROCKEFELLER and I in 2009, and with responsibilities for regulating develop security-cleared cyber work- I commend my colleagues for working critical infrastructure must submit an ers. with us over the last few years to en- annual report justifying why they have I have also filed amendments that ensure that these essential provisions not acted to make the voluntary stand- sure sector specific regulators have the were made part of the revised cyber se- ards proposed through this legislation technical resources and staffing to ade- curity legislation. mandatory within their jurisdiction. quately address cyber threats facing Specifically, I support steps taken in To remove any confusion about the in- their industry and that focus research the revised bill that require collabora- tent of the bill, I am working with Sen- efforts on promising technologies that tion between the government and the ator WARNER and several of my col- will secure our wireless infrastructure. private sector to share information leagues on straightforward language to Additionally, I have joined my col- about cyber threats and identify vul- clarify that nothing in the bill should league, Senator TOOMEY, in offering an nerabilities to protect networks. Such be construed to increase, decrease, or amendment that would implement a information sharing and sector-by-sec- otherwise alter the existing authority national data security breach standard tor cyber risk assessments were a fun- of any Federal agency when it comes to to simplify compliance for businesses damental part of the Rockefeller- the security of critical cyber infra- and notifications to consumers to re- Snowe bill in 2009. Likewise, I support structure. duce undue burden and confusion. More provisions establishing an industry- Likewise, I share some of my col- than 540 million records have been re- led—rather than government-led—proc- leagues’ concerns that provisions de- ported breached since 2005 according to ess for identifying best practices, signed to bolster the Department of the Privacy Rights Clearinghouse, and standards, and guidelines to effectively Homeland Security’s role in managing research from Symantec estimates the remediate or mitigate cyber risks, with efforts to secure and protect critical average organizational cost of a breach civil liability protection for those own- infrastructure networks could lead to is approximately $5.5 million. ers and operators of critical infrastruc- an unsustainable DHS bureaucracy. Finally, I have filed an amendment ture who have implemented these Such provisions were not part of the to prohibit our government from sign- standards. And I support the cyber out- original Rockefeller-Snowe bill, which ing new trade agreements with coun- reach, awareness, recruitment, and took a different approach by creating a tries that have been identified by the workforce development provisions that Senate-confirmed National Cybersecu- National Counterintelligence Execu- were an essential component of our rity Adviser within the Executive Of- tive as using cyber tools to steal our original bill. fice of the President. trade secrets and threaten our eco- That being said, the private sector is Yet, again, this hurdle is not insur- nomic security. It is time to send the rightly concerned about the prospect of mountable—and I welcome the estab- message that these malicious activities over-regulation by the Federal Govern- lishment of the National Cybersecurity will come with a price, and I view this ment. Specifically, many of my col- Council in the revised bill as an inter- as a sound and practical means of de- leagues on the Republican side of the agency body with members from the terrence. aisle have expressed concerns that pas- Departments of Commerce, Defense, So again let me reiterate the impera- sage of a comprehensive cyber security Justice, the Intelligence Community, tive fact that time is not on our side. bill could lead to more government and other appropriate Federal agen- As former Secretary of Homeland Se- redtape, stifling innovation and imped- cies—in addition to DHS—to assess curity Michael Chertoff and several of ing growth. risks and ensure the primary regu- his intelligence community and de- Yet I firmly believe these are not in- lators for each critical system are in- fense colleagues recently wrote in a surmountable challenges, and I am op- volved in any final decision. letter to our Senate leadership, the

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Further- purposes that affect individuals’ rights, network across a wide range of phys- more, these workforce provisions es- but this is not covered by Federal pri- ical, economic and social systems.’’ tablish a supervisory training program vacy laws. My amendment would re- Therefore, as I wrote in a letter to that will help managers properly evalu- quire agencies to conduct privacy im- the majority and minority leaders in ate their cyber employees. pact assessments on agencies’ use of June, ‘‘given the nature of the threat I also want to commend the sponsors commercial sources of Americans’ pri- we face . . . it is essential that we not for the marked improvement of the un- vate information so that individuals miss an opportunity to consider cyber derlying privacy and civil liberties pro- have appropriate protections such as security legislation in a non-partisan tections in the bill. I collaborated with access, notice, correction, and purpose manner and pass a bill that has the Senators FRANKEN, DURBIN, WYDEN, limitations. momentum to become law.’’ SANDERS, COONS, and BLUMENTHAL to Third, my amendment would fill a Now is the moment to prove that the strengthen protections in the informa- hole in the government’s privacy lead- Senate is capable of forging a viable so- tion-sharing provisions of the bill, ership. Despite OMB’s mandate to over- lution to address what Director Clap- which allow companies to share cyber see privacy policies government-wide, per called ‘‘a critical national and eco- security information with each other it lacks a chief privacy officer. As a re- nomic security concern.’’ I welcome and the government. We worked with sult, responsibility for protecting pri- this debate on what I view as one of the privacy and civil liberties groups from vacy is fragmented and agencies’ com- defining national security challenges across the political spectrum on a se- pliance with privacy-related statutes of our generation, and I urge my col- ries of recommendations, most of and regulations is inconsistent. Fur- leagues to join me in working for pas- which were accepted by the bill’s spon- thermore, the administration lacks a sage of comprehensive cyber security sors. representative on international privacy legislation. With these changes, the privacy and issues. My amendment would direct Mr. AKAKA. Mr. President, today I civil liberties protections in the Cyber- OMB to designate a central officer wish to urge my colleagues to allow an security Act are much better than the within OMB who would have authority up-or-down vote on the Cybersecurity protections contained in the Cyber In- over privacy across the government. Act of 2012, S. 3414, and to support my telligence Sharing and Protection Act This officer would also be responsible amendment to further strengthen the that recently passed the House, and the for assessing the privacy impact of the privacy safeguards in this important SECURE IT Act that has been intro- new information-sharing provisions in legislation. duced in the Senate. However, I am the cyber security bill. Finally, it would address the Su- National security experts from both still pushing for further improvements preme Court’s ruling restricting Pri- parties have warned us about the very to enhance the privacy and civil lib- vacy Act remedies earlier this year serious danger of a major cyber attack. erties protections in the Cybersecurity that has by many experts’ accounts It is not a matter of if, but when it will Act. rendered the Privacy Act toothless. In occur. As someone who witnessed the I have offered an amendment that Federal Aviation Administration v. attack on Pearl Harbor and was in seeks to strengthen the underlying Cooper, the Social Security Adminis- Washington, DC, on September 11, 2001, legal framework protecting Americans’ tration violated the Privacy Act by it is frightening to know that in our personal information held in the com- sharing the plaintiff’s HIV status with modern world where much of our crit- puter systems that the Cybersecurity other Federal agencies. The Court con- ical infrastructure and security sys- Act seeks to protect. My amendment cluded that the plaintiff could not re- tems are controlled by computers, a will close loopholes in Federal privacy cover damages for emotional distress successful attack on a critical system requirements, centralize Federal over- because Privacy Act damages are lim- sight of existing privacy protections, could lead to more loss of life, injury, ited to economic harm. My amendment and reinstate basic remedies for pri- and damage than those terrible events. would heed the call of scholars across vacy violations. My amendment, which We have a moral duty to act imme- the political spectrum to amend the reflects input from the bill’s sponsors, diately. That is why I urge my col- Privacy Act and fix this decision. It leagues to put partisan differences would make four small changes that would also clarify that in the event of aside and pass the Cybersecurity Act of would have significant benefits to a Federal violation in the information- 2012 for the safety of our Nation. American’s privacy and data security. sharing title of the bill, a victim would First, my amendment would address As a senior member of the Senate be entitled to recovery for the same Federal agencies’ uneven implementa- Homeland Security and Governmental types of noneconomic harms. Affairs Committee, I know that Chair- tion of Office of Management Budget, My amendment will further strength- man LIEBERMAN and Ranking Member OMB, guidance on preventing breaches en the privacy and civil liberties pro- COLLINS have been working diligently of private information and notifying tections in the cyber security bill while for several years to get this bill to the affected individuals when they do enhancing the security of personal in- floor for a vote. Commerce Committee occur. In testimony this week before formation held by the Federal Govern- Chairman ROCKEFELLER and Intel- the Oversight of Government Manage- ment. I urge my colleagues to allow an ligence Committee Chairman FEIN- ment Subcommittee that I chair, we up-or-down vote on the Cybersecurity STEIN have also been working tirelessly learned that the agency that oversees Act, which is so critical to our Nation’s to advance this legislation. While I the Thrift Savings Plan, TSP, had no safety, and to support my amendment. continue to support the even stronger breach notification plan in place at the Mr. LEAHY. Mr. President, today, critical infrastructure protections in time of the recent breach involving the Senate will conclude debate on the the original cyber security bill intro- 123,000 participating Federal employ- Cybersecurity Act of 2012, S. 3414. De- duced in February, I accept the revi- ees. Specifically, my amendment would veloping a comprehensive strategy for sions the bill sponsors have made to ac- strengthen data breach notification re- cybersecurity is one of the most press- commodate concerns raised by several quirements for Federal agencies by di- ing challenges facing our Nation. I of my colleagues. recting OMB to establish requirements commend President Obama for his I want to thank the bill sponsors for for agencies to provide timely notifica- commitment to addressing this na- working with me during this lengthy tion to individuals whose personal in- tional security issue. I also commend process to make improvements to the formation was compromised. It would the majority leader and the bill’s spon- legislation. In order for our country to require agency heads to comply with sors for their work on this pressing have robust cyber security capabilities, the policies, and mandate that OMB re- matter. we must have a talented and well- port to Congress annually on agencies’ I share the President’s view that up- trained cyber workforce. I am pleased compliance. dates to our laws are urgently needed

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5914 CONGRESSIONAL RECORD — SENATE August 2, 2012 to keep pace with the many threats communications to the Government, mate. While there are legitimate dif- that Americans face in cyberspace. For unless the Government obtains a ferences on how we must confront this that reason, I will support the motion search warrant based on probable threat, Democrats, Republicans, and for cloture on this bill. But, I do so cause. There are appropriate excep- Independents alike are put at risk if we with major reservations about the bill tions to this prohibition under current do not do so. We must find a way to in its current form because this legisla- law, including when a customer pro- work together to confront this nation does not address many of the key vides consent or when disclosure to law tional challenge. I hope we will see priories that must be a part of our na- enforcement is necessary to address more progress on overcoming dif- tional strategy for cybersecurity. certain criminal activity. I am also ferences on this issue in the weeks A legislative response to the growing mindful of the need to ensure that law ahead. I also hope the sponsors of this threat of cyber crime must be a part of enforcement can do their jobs effec- bill will include the priorities I have our debate about cyber security. Pro- tively. The safeguards and exceptions outlined as part of any future com- tecting American consumers and busi- in this provision were designed to en- prehensive cyber security bill. Again, I nesses from cyber crime and other sure that appropriate privacy protec- commend the President and all Sen- threats in cyber space is a top priority tions do not undermine the ability of ators on both sides of the aisle who of the Judiciary Committee. That is law enforcement to keep us safe. have worked to address this important why I filed an amendment to the bill to I also filed a bipartisan amendment issue. I also thank the many privacy, strengthen our Nation’s cyber crime to promote cyber research and develop- civil liberties, and technology organi- laws, which takes several important ment in Vermont and elsewhere across zations that have supported my amend- steps to combat cyber crime. The the Nation. This amendment improves ments to this bill. amendment, among other things, up- section 301 of the bill by clarifying that I ask that a copy of three letters I dates the Federal RICO statute to add the White House’s Office of Science and have received in support of several of violations of the Computer Fraud and Technology Policy’s new test bed pro- my amendments to the bill be printed Abuse Act to the definition of racket- gram should build upon existing work in the RECORD following my full re- eering activity; strengthens the legal on cybersecurity test beds by the De- marks. tools available to law enforcement to partment of Homeland Security in its There being no objection, the mate- protect our Nation’s critical infra- Science and Technology Directorate. rial was ordered to be printed in the structure by making it a felony to The amendment also expands the pro- RECORD, as follows: damage a computer that manages or posed test beds program to include Hon. HARRY REID, controls national defense or other crit- funding for the military academies and Senate Majority Leader. ical infrastructure information; and senior military colleges to participate. Hon. MITCH MCCONNELL, Senate Minority Leader. streamlines and enhances the penalty Senator HOEVEN joined me in proposing DEAR LEADER REID AND LEADER MCCON- structure under the Computer Fraud this improvement to the bill, and we NELL: as the Senate considers cybersecurity and Abuse Act. This cyber crime both believe that it is important for legislation, we urge you to make in order amendment incorporates many of the these institutions, which have such a and to support an amendment that Chairman proposals that were recommended in prominent role in cultivating the next Leahy has introduced that would update a the cyber security proposal that Presi- generation of security leaders, to de- key privacy law that is critical to business, dent Obama delivered to Congress last velop tools to combat the next genera- government investigators and ordinary citi- May. The Judiciary Committee favor- zens. tion’s security threats. Chairman Leahy’s amendment #2580 ad- ably reported these proposals in Sep- Comprehensive cyber security legis- dresses the Electronic Communications Pri- tember as part of my Personal Data lation must also respond to the alarm- vacy Act (ECPA), a law that Chairman Privacy and Security Act. These up- ing number of data security breaches Leahy himself wrote and guided through the dates to our criminal laws are urgently that threaten the privacy and security Senate in 1986. ECPA was a forward-looking needed to keep pace with the cunning of American consumers and businesses statute when enacted. However, technology of cyber thieves and the many emerg- today. The troubling data breaches at has advanced dramatically since 1986, and ECPA has been outpaced. ing threats to American’s safety in Sony, Epsilon, and Lockheed are recent As a result, ECPA is a patchwork of con- cyber space. These measures must be reminders that new tools are needed to fusing standards that have been interpreted included in any cyber security legisla- protect us from the growing threats of inconsistently by the courts, creating uncer- tion the Senate considers. data breaches and identity theft. In tainty for service providers, for law enforce- In the digital age, we must also up- May 2011, the Obama administration ment agencies, and for the hundreds of mil- date our digital privacy laws so that submitted a data breach proposal that lions of Americans who use mobile phones Americans will have better safeguards adopted the carefully balanced frame- and the Internet. Moreover, the Sixth Cir- for their electronic communications. cuit Court of Appeals has held that a provi- work of data privacy and security leg- sion of ECPA is unconstitutional because it That is why I filed an amendment to islation that I have introduced—and allows the government to compel a service the bill that makes commonsense up- that this Judiciary Committee has fa- provider to disclose the content of private dates to two vital digital privacy laws vorably reported—several times. My communications without a warrant. that I authored several years ago—the data breach amendment would estab- Chairman Leahy’s amendment would make Video Privacy Protection Act, VPPA, lish a single nationwide standard for it clear that, except in emergencies, or under and the Electronic Communications data breach notification. My data secu- other existing exceptions, the government Privacy Act, ECPA. The amendment must use a warrant in order to compel a rity amendment would require that service provider to disclose the content of would update the Video Privacy Pro- companies that maintain databases emails, texts or other private material tection Act to permit consumers to with Americans’ sensitive personal in- stored by the service provider on behalf of its provide a one-time consent for video formation establish and implement users. service providers to share their video data privacy and security programs, so Chairman Leahy’s amendment would cre- viewing information with third parties that data breaches do not occur in the ate a more level playing field for technology. via the Internet. This update will help first place. I filed these amendments It would cure the constitutional defect iden- the VPPA keep pace with how most tified by the Sixth Circuit. It would provide because Congress must address the clarity and certainty to law enforcement Americans view and share videos threat of data security breaches and agencies at all levels, to business and entre- today—on the Internet—while also re- make these long overdue privacy pro- preneurs, and to individuals who rely on on- quiring that video service providers tections available to American con- line services to create, communicate and provide clear and conspicuous notice sumers and businesses. store personal and proprietary data. These that the consent to share video viewing The threats to our privacy and secu- protections for content are consistent with information can be withdrawn at any- rity in cyber space are real, and these an ECPA reform principle advanced by the time. The amendment also updates the threats will not go away simply be- Digital Due Process coalition, Electronic Communications Privacy cause the Congress fails to act. I la- www.digitaldueprocess.org, a broad-based coalition of companies, privacy groups, think Act to prohibit service providers from ment the fact that a long-overdue de- tanks, and academics. voluntarily disclosing the contents of bate on cybersecurity legislation has For Internet and communications compa- Americans’ e-mails or other electronic become embroiled in a partisan stale- nies competing in a global marketplace, and

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5915 for citizens who have woven these tech- against a user of a social network who signed the government to address our nation’s cy- nologies into their daily lives, as well as for up under a pseudonym in violation of terms bersecurity preparedness. We have spent government agencies that rely on electronic of service. much time over the last six years focusing evidence, the protections for content in the These activities should not be ‘‘computer on these critical issues, working closely with Leahy amendment would represent an im- crimes’’ any more than they are crimes in Congress and the Administration on address- portant step forward for privacy protection the physical world. If, for example, an em- ing threats to our nation’s cybersecurity. and legal clarity. ployee photocopies an employer’s document Any final cybersecurity measure passed by While the signatories to this letter have to give to a friend without that employer’s the Senate must be firmly grounded in a very diverse views on the cybersecurity leg- permission, there is no federal crime (though strong public private partnership. islation, and some take no position on the there may be, for example, a contractual vio- We believe that legislation, if not done legislation, we urge you to make the Leahy lation). However, if an employee emails that carefully, could do more harm than good. amendment #2580 in order and to support it document, there may be a CFAA violation. If Specific mandates generally do not adapt as when offered. a person assumes a fictitious identity at a quickly as threat and technology landscapes Sincerely, party, there is no federal crime. Yet if they change, so they can actually hinder indus- Adobe; American Booksellers Foundation assume that imaginary identity on a social try’s ability to innovate and effectively for Free Expression; Americans for Tax Re- network that prohibits pseudonyms, there mitigate threats. Mandates affect industry’s form; Association for Competitive Tech- may again be a CFAA violation. This is a ability to design, develop and deploy technology; American Library Association; Asso- gross misuse of federal criminal law. The nology. S. 3414 represents a clear step for- ciation of Research Libraries; Bill of Rights CFAA should focus on malicious hacking and ward towards a workable framework that Defense Committee; Business Software Alli- identity theft and not on criminalizing any strikes the right balance by prioritizing our ance; CAUCE North America; Center for De- behavior that happens to take place online nation’s cybersecurity with an outcome mocracy & Technology; Center for Financial in violation of terms of service or an accept- based approach of voluntary incentives rath- Privacy and Human Rights; Center for Na- able use policy. er than through prescriptive regulatory tional Security Studies; Citizens Against We believe that the Grassley/Franken/Lee mandates. Government Waste; Competitive Enterprise amendment is an important step forward for As the Senate prepares to consider S. 3414, Institute; Computer and Communications In- both security and civil liberties. We com- The Cybersecurity Act of 2012, as the under- dustry Association; The Constitution mend the Ranking Member for introducing lying bill to comprehensive cybersecurity Project; Data Foundry; Distributed Com- the amendment and the Chairman for sup- legislation, we wish to convey our strong puting Industry Association; eBay; porting it. We would also support further support of several critical components that EDUCAUSE; Engine Advocacy; changes to the language in the bill to ensure would immediately enhance our cybersecu- FreedomWorks; Liberty Coalition; News- that government employees are given the rity posture. Specifically, TechAmerica en- paper Association of America; Microsoft; same protections from criminal prosecution dorses the following provisions of S. 3414 to Neustar; Personal; Salesforce; Sonic.net; as their private sector counterparts. Changes address our country’s critical cybesecurity SpiderOak; Symantec; TechFreedom; such as these will strengthen the law and priorities: TechAmerica; TRUSTe; U.S. Policy Council focus the justice system on the malicious Title—Federal Information Security Man- of the Association for Computing Machinery. hackers and online criminals who invade agement Act (FISMA) Reform: The paper- others’ computers and networks to steal sen- based, compliance regime that exists under SEPTEMBER 21, 2011. sitive information and undermine the pri- the current FISMA framework is time con- Hon. PATRICK LEAHY, vacy of those whose information is stolen. suming and costly. This outdated system has Chairman, Committee on the Judiciary, Sincerely, not demonstrated a requisite increase in se- U.S. Senate, Washington, DC. Laura W. Murphy, Director, Washington curity of government systems. In response to Hon. CHARLES GRASSLEY, Legislative Office, American Civil Liberties a rapidly evolving threat environment, our Ranking Member, Committee on the Judiciary, Union; Kelly William Cobb, Executive Direc- federal information security practices must U.S. Senate, Washington, DC. tor, Americans for Tax Reform’s Digital Lib- be updated to reflect a risk-based and contin- DEAR SENATORS LEAHY AND GRASSLEY: The erty; Leslie Harris, President and CEO, Cen- uous monitoring approach as proposed by undersigned individuals and organizations ter for Democracy & Technology; Fred L. Senator Carper in Title II of S. 3414. wrote last month in support of making Smith, President, Competitive Enterprise In- Title III—Research and Development: In- changes to the Computer Fraud and Abuse stitute; Marcia Hofmann, Senior Staff Attor- vesting in research and development (R&D) Act to ensure that it is both strong and prop- ney, Electronic Frontier Foundation; is essential to protecting critical systems erly focused. We mentioned that while the Charles H. Kennedy, Partner, Wilkinson, and enhancing the cybersecurity for both the CFAA is an important tool in the fight Barker, Knauer, LLP; Wayne T. Brough, government and the private sector. We sup- against cybercrime, its current language is Ph.D., Chief Economist and Vice President, port Title II, which would create a national both overbroad and vague. It can be read to Research, FreedomWorks Foundation; Orin cybersecurity R&D plan to help develop encompass not only the hackers and identity S. Kerr, Professor of Law, George Wash- game-changing technologies that will neu- thieves the law was intended to cover, but ington University; Paul Rosenzweig, Visiting tralize attacks on the cyber systems of today also actors who have not engaged in any ac- Fellow, The Heritage Foundation; Berin and lay the foundation to meet the chal- tivity that can or should be considered a Szoka, President, TechFreedom. lenges of securing the cyber systems of to- ‘‘computer crime.’’ We write again today to morrow. express our appreciation for recent action Title IV—Education, Workforce, and TECHAMERICA, taken by the Committee on the Judiciary to Awareness: Industry and government must Washington, DC, July 30 2012. address our concerns. work together to plan for the future by in- Re U.S. Senate Proposed Cybersecurity Leg- Last week, at a markup of Chairman Lea- vesting in cybersecurity education to de- islation hy’s Personal Data Privacy and Security Act velop the next generation of cybersecurity of 2011 (S. 1151), Senator Grassley, with the Hon. HARRY REID, workers. We support Title IV, which encour- co-sponsorship of Senators Franken and Lee, Majority Leader, U.S. Senate, Washington, DC. ages cybersecurity professional development introduced an amendment that would fix a Hon. MITCH A. MCCONNELL, and improving public awareness of cyberse- large part of the overbreadth problem in the Minority Leader, U.S. Senate, Washington, DC. curity risks from identity theft to cyber CFAA. In particular, the amendment would DEAR MAJORITY LEADER REID AND MINOR- predators and fraudsters. remove the possibility that the statute could ITY LEADER MCCONNELL: On behalf of Title V—Federal Acquistion Risk Manage- be interpreted to allow felony prosecutions TechAmerica, thank you for your leadership ment Strategy: We support Title V, which of ‘‘access in violation of a contractual obli- in making cybersecurity a national priority. calls for a comprehensive acquisition risk gation or agreement, such as an acceptable We share your goal of enhancing our nation’s management strategy to address risks and use policy or terms of service agreement, cybersecurity posture in response to growing threats to the information technology prod- with an Internet service provider, Internet cyber threats. TechAmerica believes that ucts and services in the federal government website, or non-government employer, if any final bi-partisan agreement should both supply chain. This strategy will allow agen- such violation constitutes the sole basis for preserve the vitality of innovation and pro- cies to make informed decisions when pur- determining that access to a protected com- mote the Information & Communication chasing IT products and services. Impor- puter is unauthorized.’’ The amendment Technology sector’s ability to respond to tantly, the bill requires specific and much passed with bipartisan support, including constantly evolving cyber threats. With needed training for the federal acquisition that of Chairman Leahy himself. these goals in mind, we are writing to pro- workforce to enhance the security of federal As we noted in our previous letter, our con- vide our insights on S. 3414, the Cybersecu- networks. cerns about overbroad interpretations of the rity Act of 2012, and additional elements for Title VI—International Cooperation: existing language are far from hypothetical. the Senate’s consideration as part of a final Cybercrimes are borderless, and we must Three federal circuit courts have agreed that cybersecurity package designed to help meet work with our international partners to an employee who exceeds an employer’s net- our national security challenges. combat this threat. Title VI will help pro- work acceptable use policies can be pros- TechAmerica and its members are dedi- vide for enhanced cyber response capacity in ecuted under the CFAA. At least one federal cated to maintaining and expanding the countries currently without adequate re- prosecutor has brought criminal charges partnership between the private sector and sources to combat cybercrime, as well as use

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We support Title fend Against Cybersecurity Threats—S. 3414 axiom, ‘‘first, do no harm.’’ Cybersecurity is VI, which includes S. 1469, The International significantly narrows the scope of ‘‘moni- a multi-faceted and complex ecosystem with Cybercrime Reporting and Cooperation Act, toring’’ activities permissible under previous profound interdependencies; thus even well sponsored by Senators Hatch and Gillibrand. bill iterations to the scrutiny of a specific intended legislation in this area often has TechAmerica is confident that these core list of ‘‘cyber threat indicators.’’ Previously the potential to produce many unintended components alone would immediately and proposed language had allowed companies to consequences. Without such rigorous review substantially improve America’s cybersecu- monitor for cybersecurity threats, which and consultation, legislation could possibly rity posture. Congress cannot afford to delay were defined more generally as unauthorized potentially violate this cardinal principle any longer on the passage of these critical access or exfiltration, manipulation, or im- and risk setting us back in our collective ef- provisions considering the potential risk of pairment to the network or data. It isn’t forts to bolster our nation’s cybersecurity. falling behind our cyber adversaries. clear that industry’s standard monitoring Thank you again for considering our views In an effort to provide the Senate with our systems can be tailored enough to fit within and for your continued efforts to enhance collective expertise, we are also compelled to the parameters of the more specific list as our nation’s cybersecurity. As representa- outline for you those aspects of the legisla- some threats are not categorized until after tives of the nation’s leading information and tion that we believe require further refine- they are detected through system alerts. In communications technology firms, ment in order for it to receive our overall addition, Title VII in its current form limits TechAmerica remains strong in our resolve support as a final cybersecurity proposal. how an entity may use cyber threat informa- to continue working together with the Sen- These provisions include: tion that it obtains from its own monitoring. ate and the House to improve the security of Title I—Public Private Partnership to Pro- This is a significant limitation to put on en- our shared cyberspace. tect Critical Infrastructure: Rather than tities and does not seem justified. The laun- Sincerely, mandating that critical infrastructure orga- dry list approach used to define cyber threat SHAWN OSBOURNE, nizations comply with a DHS cybersecurity indicators potentially limits the use of some President and CEO. framework, the newly introduced bill offers techniques tailored to protect networks. It is Mr. MCCAIN. Mr. President, I rise a vast, important improvement by providing problematic that this definition is linked to incentives to organizations that voluntarily monitoring authority. Finally, we believe today to oppose cloture on the Cyberse- comply with cybersecurity best practices. that the definition of countermeasures curity Act of 2012. While we commend this positive direction, should be narrowed. Are any of us surprised that we find TechAmerica recommends further refining Voluntary Disclosure of Cybersecurity ourselves in this situation—again? Is the following provisions of Title I. Threat Indicators Among Private Entities— this the ‘‘open amendment’’ process we National Cybersecurity Council—In the Business to business information sharing is were all promised? As I said earlier this spirit of a true public-private partnership, an important practice in preventing cyber year, a bill as complex as cyber secu- industry should be represented by the Sector threats. We recommend striking the reason- Coordinating Councils (SCCs) in an official ably likely standard provision in this Title. rity legislation can only be achieved if capacity on the National Cybersecurity It is a difficult test to meet and one that will it goes through the regular committee Council. Best practices and voluntary stand- only discourage private information sharing. process. Had this bill been subjected to ards should be industry driven and developed Also, we believe that more business to busi- the proper committee process, instead in conjunction with NIST. The Council ness information sharing would be possible of relying on Senate rule XIV, I believe should not have the ability to unilaterally with the inclusion of the same limited liabil- we would have had a much stronger overrule the SCCs proposed best practices. ity protection that a private entity would re- legislative product that would have at- Alternatively, we therefore propose a concil- ceive when sharing information with the tracted broader support. Instead, the iatory dispute resolution process. newly created government exchange. Inventory of Critical Infrastructure—We In closing, TechAmerica urges the Senate blame game, which is the first sign of recommend that each sector be differen- to act on and pass the following legislative a stalled legislative process, is in full tiated and recognized for current cybersecu- measures which may possibly be offered as swing. rity best practices employed in securing crit- amendments to S. 3414, The Cybersecurity As of yesterday afternoon it was my ical infrastructure. Information technology Act of 2012: understanding that we would continue is not only a specific sector, but an under- Cybercrime: TechAmerica urges the Sen- to work throughout August to find a lying component of multiple industry sec- ate to pass S. 2111, The Cyber Crime Protec- compromise on this legislation. As a tors. For this reason, we strongly support tion Security Act, sponsored by Senator preserving the current back-end limitation Leahy. This measure will provide the govern- backstop to prepare for the possibility on commercial information technology prod- ment with new tools to prosecute more effec- that an agreement would not be ucts. tively organized criminal activity involving reached during that time, we requested Voluntary Cybersecurity Best Practices— computer fraud. The legislation will also a tranche of 10 to 15 placeholder We urge the sponsors to strike any reference streamline and enhance the criminal pen- amendments be set aside to address a to the term ‘‘mandatory’’ in the text to en- alties for computer fraud, and address defined set of issue areas we had with sure this framework is truly voluntary in na- cybercrime involving the trafficking of con- the current bill. In exchange for these ture and not a precursor to future regulatory sumers’ online passwords. action. Electronic Communications Privacy: process concessions, our group was Voluntary Cybersecurity Program for Crit- TechAmerica supports, S. 1011, The Elec- willing to support cloture. ical Infrastructure—TechAmerica requests tronic Communications Privacy Amend- The unfortunate reality is that we inserting liability protection language that ments Act, sponsored by Senator Leahy had time to conduct proper legislative will prevent compensatory damages, a cap on which would update the 1986 ECPA statute to hearings and hold committee markups. damages for vicarious liability, and bar puni- give information stored in the cloud the But rather than choose the customary tive damages. same level of protection afforded to informa- process, which forces us to defend our Protection of Information—While we tion stored locally. points of view, build consensus around strongly support the protection of informa- Data Breach Notification: TechAmerica tion found in Section 106, we are concerned has long supported passage of a strong, na- ideas and, admittedly, requires more by some of the additional, extraneous mech- tional data breach notification law and has planning and hard work, a less trans- anisms introduced as part of that protection. endorsed S. 1207, the Data Security and parent approach was taken. That ap- Such elements of the proposal act as a clear Breach Notification Act, sponsored by Sen- proach, while at the time may have disincentive to private companies joining a ators Rockefeller and Pryor as the approach seemed more legislatively convenient, voluntary system in good faith out of con- consistent with our principles on data breach resulted in hurried, last-minute nego- cern for future audit and investigation. notification. Establishing a national frame- tiations that have been doomed from Title VII—Information Sharing: The in- work to promote on-going data security the outset. Rarely does anything good ability to share information is one of the measures and consistent breach notification greatest challenges to collective efforts to- standards will provide much needed guid- get accomplished under these cir- ward improving our cybersecurity, and we ance, predictability, and certainty for con- cumstances, which lack transparency appreciate the efforts by the sponsors of S. sumers, consumer protection authorities, and scrutiny. This should serve as a 3414 to remove those barriers in order to fos- and businesses, and will replace the complex warning to both sides of the aisle and ter better information sharing between the patchwork of state data breach laws with a future congresses that attempts to government and the private sector. We be- uniform national standard. side-step the legislative process are lieve that information sharing is a funda- As you and your colleagues attempt to find risky, often unproductive, and do not mental component of S. 3414, as it will better bi-partisan consensus on a final cybersecu- enable collaboration in defense of cyber-at- rity agreement, we urge you to carefully bypass the criticism they seek to tacks while ensuring strong privacy protec- consider sustaining the innovative capacity avoid. tions. TechAmerica recommends refining the of our information and communications sys- And while all of us recognize the im- following provisions of S. 3414 in Title VII. tems and all the myriad activities that they portance of cyber security, we should

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5917 not confuse opposition to this deeply tions of the new cyber security stove- day to join their efforts in common flawed bill as a sign of somehow being pipes being proposed in this bill. The cause. unwilling to address the issue. It has recreation of the very walls and infor- Since that time, their committees been my experience that when dealing mation sharing barriers that the 9/11 have painstakingly worked to break with matters of national security and Commission attributed as being re- down artificial jurisdictional bound- domestic policy, and in this bill is at sponsible for one of our greatest intel- aries and to resolve differences across the nexus of both, it is more important ligence failures is very unwise. party lines. They have also sought to to work to get something done right In addition to the problems with the include a remarkably wide array of than just work to get something done. information sharing provisions, the stakeholders—including cybersecurity And while both efforts may result in critical infrastructure language grants experts, the private sector, academia, enough material to create a headline, too much authority to the government, the intelligence community, military only one fulfills our purpose for being failing to consider the innovative po- leaders, law enforcement, think tanks, here in this body. tential of the private sector. I continue State and local governments, and Time and again, we have heard from to believe that this title would force many more—in an open, transparent, experts about the importance of maxi- those who own or operate critical as- and cooperative process. mizing our Nation’s ability to effec- sets to place more emphasis on compli- The process has been nearly unprece- tively prevent and respond to cyber ance attorneys, rather than utilize the dented in its scope, its thoroughness, threats. We have all listened to these world-class engineering capabilities and its transparency. Since the Senate accounts. This cyber threat and the employed by our private sector. This is began its work on cyber security legis- risk of an attack only increased when why the primary objective of our bill is lation in 2009, committees have held the Stuxnet leaks began recklessly to enter into a cooperative information more than 20 hearings across at least coming out of this administration. And sharing relationship with the private seven different committees specifically while this threat and others persist, sector, rather than an adversarial rela- on cyber security and related legisla- the most important piece of legislation tionship rooted in mandates used to tion, and addressed critical questions which the congress can pass when it dictate technological solutions to in- relating to cyber security in dozens of comes to ensuring our national secu- additional hearings. They have held rity, the National Defense Authoriza- dustry. The SECURE IT Act is a serious re- numerous briefings for Senators and tion Act, which includes cyber security sponse to the growing cyber threat fac- staff on cyber security, including a elements, remains unfinished. This ening our country, and it is an alter- simulated cyberattack exercise for all tire process feels more like a ploy to native approach to the overly bureau- Senators conducted by senior adminis- advance the fiction that we are focused cratic and regulatory bill before us. tration officials. They have organized on national security, while avoiding Our amendment seeks to utilize the several other forums for Senators to the fulfillment of one of the Congress’s examine cyber security issues, includ- most important national security re- world-class engineers employed by our ing cross-committee working groups sponsibilities—the passage of the Na- private sector, not compliance attor- designed to develop comprehensive leg- tional Defense Authorization Act. neys in law firms. This is why the pri- The point is that debating a con- mary objective of our bill is to enter islation, as well as the Intelligence troversial and flawed bill—a bill of into a cooperative information-sharing Committee’s 2010 Cyber Security Task such ‘significance’ that it has lan- relationship with the private sector, Force. They have considered nearly 20 guished for over 5 months at the Home- rather than an adversarial relationship separate cyber security bills and nu- land Security and Government Affairs rooted in mandates used to dictate merous cyber security-related amend- Committee, with no committee mark- technological solutions to industry. ments. And they have held markups of up or normal committee process— The centerpiece of the SECURE IT cyber security legislation in five sepa- should not have taken precedence over Act continues to be a legal framework rate committees, each of which oc- a bill which was vetted over a period of to provide for voluntary information curred under each committee’s rules 4 months by the Senate Armed Serv- sharing. Our amendment provides spe- for regular order. ices Committee and reported to the cific authorities relating to the vol- The result has been legislation that floor with the unanimous support of all untary sharing of cyber threat infor- addresses the equities of these diverse 26 members. Unfortunately, our cur- mation among private entities and the stakeholders as fairly and thoroughly rent trajectory will likely leave us government, and in doing so, we do not as one could imagine, while preserving without a cyber security bill or the Na- create any new bureaucracy. This bill the authorities necessary to boost our tional Defense Authorization Act. at the very least deserved a vote. Nation’s cyber defenses. As I have said time and time again, As I stated earlier, it has been my ex- As ranking member of the Homeland the threat we face in the cyber domain perience that when dealing with mat- Security Committee, Senator COLLINS is among the most significant and chal- ters of national security and domestic has been heroic in her efforts to ensure lenging threats of 21st-century warfare. policy, it is more important to work to the bipartisan nature of this process. But this bill unfortunately takes us in get something done right than just Yet, despite her best efforts, Repub- the wrong direction and establishes a work to get something done. For these licans have made it clear throughout new national security precedent which reasons, and because of the closed proc- the last 3 years that they were simply fails to recognize the gravity of the ess put forth by the majority, we unwilling to participate. threats we face in cyber space. I agree should all oppose cloture. They refused to participate in work- that we must take appropriate steps to Mr. REID. Mr. President, nearly 3 ing groups designed to draft the legis- ensure that civil liberties are protected years ago, I called the chairmen of the lation, despite the fact that these and believe we could have appro- Senate’s national security commit- groups were established with Leader priately done so without removing the tees—Senators LIEBERMAN, ROCKE- MCCONNELL’s full agreement. They re- only institutions capable of protecting FELLER, FEINSTEIN, LEAHY, and LEVIN— fused to propose changes to draft legis- the United States from a cyber attack together to discuss what, even then, lation, or to participate in negotiations from counties like China, Russia, and was one of the most urgent priorities with bill sponsors. When, after 3 years Iran—from the front lines. Making for our national security: defending our of painstaking work and broad out- these entities more reliant on their Nation against cyber attack. reach the legislation came to the floor, less capable civilian counterparts is an I asked them to begin working to- my Republican colleagues refused to unacceptable, precedent setting ap- gether, across committee jurisdictions allow the Senate to consider a single proach, which fails to recognize the and across party lines, to develop com- amendment to improve the bill, despite unique real-time requirements for un- prehensive cyber security legislation my continuous pleading for their derstanding the threat environment, to protect our Nation, our security, agreement on a list of amendments for anticipating attacks, and responding and our economy from this growing consideration. And, as today’s cloture when necessary. threat. Many of the Senators present vote has demonstrated, they have re- Additionally, what is not being dis- had already begun work on their own fused to allow us to continue to debate cussed enough are the likely implica- legislation, but they committed that the legislation.

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That position is and they read it and it is on TV and These questions are all the more per- hard to believe, and it is seriously out then they forget about it. plexing when one considers what our of step with the patriotism of the own- Are we going to act before we get to national security leaders have said ers and employees of the American the cyber 9/11, as we obviously did in about the seriousness of the threat we businesses it claims to represent. the attacks in a war we were in with- face. As a result, my Republican col- out acknowledging it with Islamist ter- According to General Keith Alex- leagues have ignored the urgent calls rorism? We pretty much all agree on ander, Commander of U.S. Cyber Com- of some of America’s most respected that. Yet we have descended once again mand, ‘‘The cyber threat facing the Na- national security leaders in order to to gridlock, to partisan attack and tion is real and demands immediate ac- pander to the Chamber of Commerce— counterattack. The end result of that tion. The time to act is now; we simply an organization that appears more con- is a lot of sound and fury that will ac- cannot avoid further delay.’’ cerned with corporate bottom lines complish nothing, and we will leave General Martin Dempsey, Chairman than with the American lives this leg- our country vulnerable. The fact is that as the majority lead- of the Joint Chiefs of Staff, noted, islation seeks to defend. er announced earlier in the week, we ‘‘The uncomfortable reality of our It seems that the only people who have been on this for a long time. Sen- world today is that bits and bytes can have not yet awakened to the threat ator COLLINS and I have tried to be be as threatening as bullets and bombs. facing our Nation are Senate Repub- flexible. We have been open to com- Not only will military systems be tar- licans. What has become clear in this promise, not of principle and how much geted by tools that can cause physical debate is that Republicans are willing we thought we could get passed destruction, but adversaries will in- to prioritize partisan politics and slav- through the Senate, but because the creasingly attempt to hold our Na- ish defense of corporate interests over threat is so urgent, we cannot afford to tion’s core critical infrastructure at our Nation’s security. And that is sim- insist on everything we thought was in risk.’’ ply unacceptable. our best interest. We made a manda- Similarly, Secretary of Defense Leon I hope that my colleagues across the tory system voluntary, but that has Panetta stated, ‘‘We talk about nu- aisle will wake up and recognize the not been enough. Senator REID said if clear. We talk about conventional war- threat facing our country before it is there was an agreement on a finite list fare. We don’t spend enough time talk- too late—before the ‘‘cyber 9/11’’ of of amendments, and they are germane ing about the threat of cyberwar. which leaders like Secretary Panetta and relevant to the bill—not taking There’s a strong likelihood that the have warned us arrives. I hope that your favorite political shot through next Pearl Harbor that we confront they can join us, as we have asked the bill or a political message oppor- could very well be a cyberattack.’’ them to do for the last 3 years, and tunity—then he would take it up in And Director of National Intelligence work on a bipartisan basis for the good September. As soon as we come back, James Clapper called cyberattack ‘‘A of our country. And if they choose to we would have limited time on it and profound threat to this country, to its do so, we will be ready to work quickly go to final passage and the Senate future, its economy and its very to pass this much-needed legislation. would work its will. being.’’ But the more they delay, the more Unfortunately, we haven’t been able Simply put, there is unanimity the risk to our Nation’s security and to agree on such a list. There are still across the national security commu- economy grows. Time is running short. nongermane, irrelevant amendments nity that malicious cyber activity is an The ACTING PRESIDENT pro tem- on the list. Our friends in the Repub- urgent, growing, and imminently dan- pore. The Senator from Connecticut is lican caucus have whittled the list gerous threat that our Nation must recognized. down to 58. Frankly, I don’t worry confront immediately. But this una- Mr. LIEBERMAN. Mr. President, I about the number as much as the ma- nimity is not limited to the current ad- rise to speak on the vote we will have jority leader was right that this bill ministration. Countless national secu- in about 10 minutes. I am going to be and the threat of cyber attack and rity officials appointed under Repub- real personal in my statement. cyber theft is too important to use as lican administrations—including This is one of those days when I fear a vehicle for political shots at one an- former Director of National Intel- for our country, and I am not proud of other. ligence Mike McConnell, former Sec- the Senate. We have a crisis, one we all We are approaching a cloture vote, retary of Homeland Security Michael acknowledge. It is not just that there and now it looks like it is going to Chertoff, former Deputy Secretary of is a theoretical or speculative threat of lose. I hope not. Hope springs eternal Defense Paul Wolfowitz, former Chair- cyber attack against our country—it is for at least 25 minutes more. I say to man of the Joint Chiefs of Staff Mike real and happening now. Most people my friends, if they believe we are in a Mullen, former Director of the Central don’t know it because a lot of people cyber war and we are inadequately de- Intelligence Agency Michael Hayden, who are attacked don’t want to an- fended—particularly the part of our and many others—have echoed the ur- nounce it because they are embar- cyber infrastructure controlled by the gency of our current administration’s rassed. private sector—then vote for cloture. It call for action, as well as their support A lot of companies are attacked that is the only way we are going to get to for the legislation we have considered control critical cyber infrastructure this bill. Vote for cloture. today. and have, in fact, what I called yester- Remember something. We are just Yet, today Republicans were nearly day secret cyber attack cells planted in one of two Chambers of the Congress of unanimous in their opposition to this their system to control the kind of sys- the United States. Whatever passes the legislation. Why? tems we depend on for the quality of Senate still has to go to a conference It is no secret that Republicans are our life and, in some ways, for our with the House. The House’s approach taking their marching orders from the lives. on this is very different, and we are Chamber of Commerce. And the Cham- GEN Keith Alexander, Director of going to have to do even more negoti- ber has made no secret that it is op- Cyber Command at the Pentagon, said ating and give-and-take. I appeal to my posed to any effort to secure America’s the other day that when it comes to colleagues, make a principles vote and cyber networks; in fact, it has gone so cyber war, we are today where we were vote in a way that says to the country far as to oppose even voluntary cyber- in 1993 in our war with Islamist ter- and to your constituents two things: security standards. In other words, the rorism after they blew up the truck One, you recognize we are in a cyber position of the Chamber of Commerce bomb in the parking garage at the war now and we are inadequately de- is that the owners and operators of the World Trade Center. We were attacked. fended. Second, by voting for cloture,

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The clerk will call the roll. is not granted, as disappointed and It is despicable that the majority The legislative clerk called the roll. angry as I am going to be, I will not be leader of the Senate, when we were so Mr. KYL. The following Senators are petulant. I will be open today, tomor- close to putting together something to necessarily absent: the Senator from row, and as long as we have an oppor- bring joint support of what everybody Illinois (Mr. KIRK) and the Senator tunity in this session, to work with my knows we need to do and want to do— from Florida (Mr. RUBIO). colleagues to try to reach an agree- so close with agreements from Demo- The PRESIDING OFFICER. Are there ment that will help us improve our crats and Republicans, ranking mem- any other Senators in the Chamber de- cyber defenses. bers and chairmen of the relevant com- siring to vote? Sometimes in moments of dis- mittees, and presenting a package The yeas and nays resulted—yeas 52, appointment, I go back to the great which would grant limited time and nays 46, as follows: Winston Churchill. I will just read a limited germane amendments—to deny [Rollcall Vote No. 187 Leg.] few comments from him. These were us that opportunity. YEAS—52 all in the 1930s when he was in the Yet here we are faced with a dilemma Akaka Franken Mikulski House of Commons and was concerned of an imminent threat facing the peo- Begich Gillibrand Murray that England and the world faced a ple of the United States of America and Bennet Hagan Nelson (NE) Bingaman Harkin Nelson (FL) threat which they were not acknowl- a vote whether to continue the process, Blumenthal Inouye Reed edging, the rise of Nazi Germany. continue to work with something that Boxer Johnson (SD) Rockefeller First, he said this—and I hate to say it, potentially could kill this for the rest Brown (MA) Kerry Sanders Brown (OH) Klobuchar Schumer but it relates to where we are today. of the session and maybe even next Cantwell Kohl Shaheen He said this about those who refused to year or something that grants to the Cardin Landrieu Snowe Carper Lautenberg act decisively to counter the clear and White House an abuse of executive Stabenow growing threat of a resurgent and re- Casey Leahy power to mandate things through exec- Coats Levin Udall (CO) armed Nazi Germany during the 1930s: utive order, which we have seen on a Collins Lieberman Udall (NM) ‘‘They go on in strange paradox, de- number of other occasions. Maybe that Conrad Lugar Warner cided only to be undecided, resolved to is the motive, maybe it is not; I don’t Coons Manchin Webb Durbin McCaskill Whitehouse be irresolute, adamant for drift, solid know. Feinstein Menendez for fluidity.’’ Nevertheless, we are faced with a I am afraid that is the message we critical choice in terms of an imminent NAYS—46 are going to send to the country and to threat to the security of the United Alexander Grassley Paul Ayotte Hatch Portman our enemies if we don’t get together States and the American people. I hope Barrasso Heller Pryor and pass a cyber security bill in this my colleagues will take that into con- Baucus Hoeven Reid session. Churchill said he was stag- sideration when we decide what to do. Blunt Hutchison Risch Boozman Inhofe Roberts gered, after his long parliamentary ex- I thank people on both sides for their Burr Isakson perience with the debates he had gone tremendous efforts, and we should not Sessions Chambliss Johanns Shelby Coburn Johnson (WI) through on this question during the point fingers of blame at each other. Tester Cochran Kyl 1930s, by two things: ‘‘The first has That is a real effort to join and ad- Thune Corker Lee Toomey been the dangers that have so swiftly dress this very serious threat to the Cornyn McCain come upon us in a few years, and have United States. Crapo McConnell Vitter been transforming our position and the I thank my friend and yield back to DeMint Merkley Wicker Enzi Moran Wyden whole outlook of the world.’’ him. Graham Murkowski That is where we are with regard to The PRESIDING OFFICER. The Sen- cyber war, although most people don’t ator from Connecticut. NOT VOTING—2 Kirk Rubio understand that. We do. He said: f Secondly, I have been staggered by the The PRESIDING OFFICER. On this CLOTURE MOTION failure of the House of Commons to react ef- vote the yeas are 52, the nays are 46. fectively against those dangers. That, I am The PRESIDING OFFICER (Mr. Three-fifths of the Senators duly cho- bound to say, I never expected. I say that un- BROWN of Ohio). All time has expired. sen and sworn not having voted in the less the House [finds its resolve] we will have The clerk will report the motion to in- affirmative, the motion is rejected. committed an act of abdication of duty. voke cloture. The majority leader is recognized. I end with those words. I think it is The legislative clerk read as follows: The Senate will be in order. that serious. If we don’t find a way ei- CLOTURE MOTION Mr. REID. I enter a motion to recon- ther by voting for cloture today to get We, the undersigned Senators, in accord- sider the vote by which cloture was not on the bill so we can negotiate or con- ance with the provisions of rule XXII of the invoked. tinuing to negotiate if cloture fails, it Standing Rules of the Senate, hereby move The PRESIDING OFFICER. The mo- will be quite simply a colossal abdica- to bring to a close debate on S. 3414, a bill to tion is entered. tion of duty to the people of the United enhance the security and resiliency of the The majority leader is recognized. States and their security. cyber and communications infrastructure of Mr. REID. Mr. President, we expect Mr. COATS. Will my friend yield me the United States. one more vote today. I have not had a Harry Reid, Joseph I. Lieberman, Bar- some time? chance to discuss it in detail with Sen- Mr. LIEBERMAN. Yes; I yield to my bara A. Mikulski, Thomas R. Carper, Richard J. Durbin, Christopher A. ator MCCONNELL yet, but we hope to friend from Indiana. Coons, Mark Udall, Ben Nelson, Jeanne have a vote on a judge. We hope to Mr. COATS. Mr. President, first of Shaheen, Tom Udall, Daniel K. Inouye, have it at 2 o’clock today, so people all, I commend all the Republicans and Carl Levin, John D. Rockefeller IV, should make their schedules accord- Democrats who have worked so hard Charles E. Schumer, Sheldon White- ingly. house, John F. Kerry, Michael F. Ben- together—nearly one-fifth of us in this f Congress—hour after hour, meeting net. after meeting, and flexibility has been The PRESIDING OFFICER. By unan- AFRICAN GROWTH AND provided to both sides by Senator LIE- imous consent, the mandatory quorum OPPORTUNITY ACT—Continued BERMAN, Senator COLLINS and their bill call is waived. The PRESIDING OFFICER. Under and Senators CHAMBLISS, MCCAIN, The question is, Is it the sense of the the previous order, the question is on HUTCHISON, and others in terms of try- Senate that debate on S. 3414, a bill to agreeing to amendment No. 2771 offered ing to reach a consensus. Those who enhance the security and resiliency of by the Senator from Oklahoma.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5920 CONGRESSIONAL RECORD — SENATE August 2, 2012 Mr. COBURN. I ask for the yeas and Growth and Opportunity Act (19 U.S.C. (ii) by amending subdivision (C)(3) to read nays and yield back whatever time I 3721(c)(1)) is amended— as follows: had. (1) in the paragraph heading, by striking ‘‘(3) any combination of the fabrics re- The PRESIDING OFFICER. Is there a ‘‘2012’’ and inserting ‘‘2015’’; ferred to in subdivision (C)(1), the fabrics or sufficient second? (2) in subparagraph (A), by striking ‘‘2012’’ knit to shape components referred to in sub- and inserting ‘‘2015’’; and There appears to be a sufficient sec- division (C)(2) or one or more fabrics or knit (3) in subparagraph (B)(ii), by striking to shape components originating under this ond. ‘‘2012’’ and inserting ‘‘2015’’. note.’’; and The clerk will call the roll. (b) ADDITION OF SOUTH SUDAN.—Section 107 (iii) in the matter following subdivision The assistant legislative clerk called of that Act (19 U.S.C. 3706) is amended by in- (C)(3), by striking the second sentence and the roll. serting after ‘‘Republic of South Africa inserting the following: ‘‘Any elastomeric Mr. KYL. The following Senators are (South Africa).’’ the following: yarn (except latex) contained in an origi- necessarily absent: the Senator from ‘‘Republic of South Sudan (South nating fabric or knit to shape component re- Illinois (Mr. KIRK) and the Senator Sudan).’’. ferred to in subdivision (C)(3) must be formed (c) CONFORMING AMENDMENT.—Section from Florida (Mr. RUBIO). in the territory of one or more of the parties The PRESIDING OFFICER. Are there 102(2) of that Act (19 U.S.C. 3701(2)) is amend- to the Agreement.’’. ed by striking ‘‘48’’. (2) CHANGE IN TARIFF CLASSIFICATION any other Senators in the Chamber de- (d) EFFECTIVE DATE.—The amendments siring to vote? made by this section shall take effect on the RULES.—Subdivision (n) of general note 29 of The result was announced—yeas 40, date of the enactment of this Act. the HTS is amended as follows: (A) Chapter rule 4 to chapter 61 is amend- nays 58, as follows: SEC. 2. MODIFICATIONS TO TEXTILE AND AP- ed— [Rollcall Vote No. 188 Leg.] PAREL RULES OF ORIGIN FOR THE DOMINICAN REPUBLIC-CENTRAL (i) by striking ‘‘5401 or 5508’’ and inserting YEAS—40 AMERICA-UNITED STATES FREE ‘‘5401, or 5508 or yarn of heading 5402 used as Alexander Graham Murkowski TRADE AGREEMENT. sewing thread,’’; and Ayotte Grassley Paul (a) DEFINITIONS.—In this section: (ii) by inserting ‘‘or yarn’’ after ‘‘only if Barrasso Hoeven Portman (1) AGREEMENT.—The term ‘‘Agreement’’ such sewing thread’’. Blunt Hutchison Risch has the meaning given the term in section (B) The chapter rules to chapter 61 are Boozman Inhofe Roberts 3(1) of the Dominican Republic-Central amended by inserting after chapter rule 5 the Burr Isakson Sessions Chambliss Johnson (WI) America-United States Free Trade Agree- following: Shelby ment Implementation Act (Public Law 109– Coats Kyl Thune ‘‘Chapter rule 6: Notwithstanding chapter Coburn Lee 53; 19 U.S.C. 4002(1)). Toomey rules 1, 3, 4 or 5 to this chapter, an apparel Corker Manchin (2) CAFTA–DR COUNTRY.—The term Vitter good of chapter 61 shall be considered origi- Cornyn McCain ‘‘CAFTA–DR country’’ has the meaning Webb nating regardless of the origin of any visible Crapo McCaskill Wicker given the term in section 3(2) of the Domini- lining fabric described in chapter rule 1 to DeMint McConnell can Republic-Central America-United States Enzi Moran this chapter, narrow elastic fabrics as de- Free Trade Agreement Implementation Act scribed in chapter rule 3 to this chapter, sew- NAYS—58 (Public Law 109–53; 19 U.S.C. 4002(2)). ing thread or yarn of heading 5402 used as Akaka Gillibrand Murray (3) HTS.—The term ‘‘HTS’’ means the Har- sewing thread described in chapter rule 4 to Baucus Hagan Nelson (NE) monized Tariff Schedule of the United this chapter or pocket bag fabric described in Begich Harkin Nelson (FL) States. chapter rule 5 to this chapter, provided such Bennet Hatch Pryor (4) TRADE REPRESENTATIVE.—The term Bingaman Heller material is listed in U.S. note 20 to sub- Reed ‘‘Trade Representative’’ means the United chapter XXII of chapter 98 and the good Blumenthal Inouye Reid States Trade Representative. meets all other applicable requirements for Boxer Johanns Rockefeller (b) MODIFICATIONS TO THE TEXTILE AND AP- Brown (MA) Johnson (SD) preferential tariff treatment under this Sanders PAREL RULES OF ORIGIN.— Brown (OH) Kerry Schumer note.’’. Cantwell Klobuchar (1) INTERPRETATION AND APPLICATION OF Shaheen (C) Chapter rules 3, 4, and 5 to chapter 62 Cardin Kohl RULES OF ORIGIN.—Subdivision (m)(viii) of Snowe are each amended by striking ‘‘nightwear’’ Carper Landrieu general note 29 of the HTS is amended as fol- each place it appears and inserting Casey Lautenberg Stabenow lows: Cochran Leahy Tester (A) The matter following subdivision (A)(2) ‘‘sleepwear’’. Collins Levin Udall (CO) is amended by striking the second sentence (D) Chapter rule 4 to chapter 62 is amend- Conrad Lieberman Udall (NM) ed— Warner and inserting the following: ‘‘Any elas- Coons Lugar tomeric yarn (except latex) contained in the (i) by striking ‘‘5401 or 5508’’ and inserting Durbin Menendez Whitehouse originating yarns referred to in subdivision ‘‘5401, or 5508 or yarn of heading 5402 used as Feinstein Merkley Wyden sewing thread,’’; and Franken Mikulski (A)(2) must be formed in the territory of one or more of the parties to the Agreement.’’. (ii) by inserting ‘‘or yarn’’ after ‘‘only if NOT VOTING—2 (B) Subdivision (B) is amended— such sewing thread’’. Kirk Rubio (i) in the matter preceding subdivision (E) The chapter rules to chapter 62 are (B)(1), by striking ‘‘exclusive of collars and amended by inserting after chapter rule 5 the The amendment was rejected. following: Mr. REID. Mr. President, I move to cuffs where applicable,’’ and inserting ‘‘exclusive of collars, cuffs and ribbed waist- ‘‘Chapter rule 6: Notwithstanding chapter reconsider the vote. rules 1, 3, 4 or 5 to this chapter, an apparel I move to lay that motion on the bands (only if the ribbed waistband is present in combination with cuffs and iden- good of chapter 62 shall be considered origi- table. tical in fabric construction to the cuffs) nating regardless of the origin of any visible The PRESIDING OFFICER. Without where applicable,’’; lining fabric described in chapter rule 1 to objection, it is so ordered. (ii) in subdivision (B)(2), by inserting ‘‘or this chapter, narrow elastic fabrics as de- The motion to lay on the table was knit to shape components’’ after ‘‘one or scribed in chapter rule 3 to this chapter, sew- agreed to. more fabrics’’; ing thread or yarn of heading 5402 used as The PRESIDING OFFICER. Under (iii) by amending subdivision (B)(3) to read sewing thread described in chapter rule 4 to the previous order, the question is on as follows: this chapter or pocket bag fabric described in the engrossment and third reading of ‘‘(3) any combination of the fabrics re- chapter rule 5, provided such material is list- the bill. ferred to in subdivision (B)(1), the fabrics or ed in U.S. note 20 to subchapter XXII of The bill was ordered to be engrossed knit to shape components referred to in subchapter 98 and the good meets all other ap- for a third reading and was read the division (B)(2), or one or more fabrics or knit plicable requirements for preferential tariff treatment under this note.’’. third time. to shape components originating under this note.’’; and (F) Tariff classification rule 33 to chapter The PRESIDING OFFICER. Under (iv) in the matter following subdivision 62 is amended to read as follows: the previous order, the bill is passed. (B)(3), by striking the last sentence and in- ‘‘33. A change to pajamas and sleepwear of The bill (S. 3326) was passed, as fol- serting the following: ‘‘Any elastomeric yarn subheadings 6207.21 or 6207.22, tariff items lows: (except latex) contained in an originating 6207.91.30 or 6207.92.40, subheadings 6208.21 or S. 3326 fabric or knit to shape component referred to 6208.22 or tariff items 6208.91.30, 6208.92.00 or Be it enacted by the Senate and House of Rep- in subdivision (B)(3) must be formed in the 6208.99.20 from any other chapter, provided resentatives of the United States of America in territory of one or more of the parties to the that the good is cut or knit to shape, or Congress assembled, Agreement.’’. both, and sewn or otherwise assembled in the SECTION 1. AMENDMENTS TO AFRICAN GROWTH (C) Subdivision (C) is amended— territory of one or more of the parties to the AND OPPORTUNITY ACT. (i) in subdivision (C)(2), by inserting ‘‘or Agreement.’’. (a) EXTENSION OF THIRD-COUNTRY FABRIC knit to shape components’’ after ‘‘one or (G) Chapter rule 2 to chapter 63 is amend- PROGRAM.—Section 112(c)(1) of the African more fabrics’’; ed—

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5921 (i) by striking ‘‘5401 or 5508’’ and inserting UNANIMOUS CONSENT AGREE- rattle off seven or eight significant, se- ‘‘5401, or 5508 or yarn of heading 5402 used as MENT—EXECUTIVE CALENDAR rious problems. Some are illegal, some sewing thread,’’; and are accusations, some are alleging sig- (ii) by inserting ‘‘or yarn’’ after ‘‘only if Mr. REID. Mr. President, I ask unanimous consent that at 12:50 p.m. today, nificant systemic problems—all trou- such sewing thread’’. bling issues that have happened just in (H) The chapter rules to chapter 63 are the Senate proceed to executive session amended by inserting after chapter rule 2 the to consider Calendar No. 651; that there the last couple years: Investor lawsuits following: be an hour of debate equally divided in and SEC enforcement actions over ‘‘Chapter rule 3: Notwithstanding chapter the usual form; that upon the use or mortgage-backed securities; munici- rule 2 to this chapter, a good of this chapter yielding back of that time, the Senate palities being sold overpriced credit de- shall be considered originating regardless of proceed to vote with no intervening ac- rivatives, bankrupting some of those the origin of sewing thread or yarn of head- tion or debate on Calendar No. 651, municipalities, and think of the harding 5402 used as sewing thread described in Judge Drain of Michigan, at least a ship that causes these communities; chapter rule 2 to this chapter, provided the the forging of foreclosure documents thread or yarn is listed in U.S. note 20 to judge-to-be in Michigan. The PRESIDING OFFICER. Without and mortgage securities legal docu- subchapter XXII of chapter 98 and the good ments by five of the Nation’s largest meets all other applicable requirements for objection, it is so ordered. servicers, leading to $25 billion in pen- preferential tariff treatment under this f note.’’. alties—$25 billion in penalties—from (3) EFFECTIVE DATE.— VETERANS JOBS CORPS ACT OF these servicers forging foreclosure doc- (A) IN GENERAL.—The amendments made 2012—MOTION TO PROCEED—Con- uments and mortgage security legal by this subsection apply to goods of a tinued documents—$25 billion in penalties; the CAFTA–DR country that are entered, or Mr. LIEBERMAN. Mr. President, I Nation’s largest bank halting all con- withdrawn from warehouse for consumption, sumer debt collection lawsuits due to on or after the date that the Trade Rep- suggest the absence of a quorum. The PRESIDING OFFICER. The concerns about poorly maintained and resentative determines is the first date on inaccurate paperwork; the Nation’s which the equivalent amendments to the clerk will call the roll. rules of origin of the Agreement have en- The assistant legislative clerk pro- largest bank losing $5.8 billion so far— tered into force in all CAFTA–DR countries. ceeded to call the roll. so far—on large, complex derivative (B) PUBLICATION OF DETERMINATION.—The The PRESIDING OFFICER (Mrs. trades that regulators either missed or Trade Representative shall promptly publish HAGAN). The Senator from Ohio. didn’t understand or ignored; sus- notice of the determination under subpara- Mr. BROWN of Ohio. Madam Presi- picions that 16 global banks, including graph (A) in the Federal Register. dent, I ask unanimous consent that the the three largest U.S. banks, manipu- SEC. 3. EXTENSION OF AND RENEWAL OF IMPORT order for the quorum call be rescinded. lated LIBOR—the London Interbank RESTRICTIONS UNDER BURMESE The PRESIDING OFFICER. Without Overnight Rate—that is used as a FREEDOM AND DEMOCRACY ACT OF benchmark for mortgages, credit cards, 2003. objection, it is so ordered. Mr. BROWN of Ohio. Madam Presi- student loans, and even for deriva- (a) EXTENSION OF BURMESE FREEDOM AND tives—financial instruments that af- DEMOCRACY ACT OF 2003.—Section 9(b)(3) of dent, I ask unanimous consent to speak the Burmese Freedom and Democracy Act of as in morning business for up to 20 fect almost everybody in our country. 2003 (Public Law 108–61; 50 U.S.C. 1701 note) is minutes. Continuing with the list of problems amended by striking ‘‘nine years’’ and in- The PRESIDING OFFICER. Without since 2010: a criminal bid-rigging trial serting ‘‘twelve years’’. objection, it is so ordered. exposing illegal practices by many (b) RENEWAL OF IMPORT RESTRICTIONS.— WALL STREET REFORM Wall Street banks in arranging bids so (1) IN GENERAL.—Congress approves the re- Mr. BROWN of Ohio. Madam Presi- banks could underpay for municipal newal of the import restrictions contained in dent, I rise to discuss the troubling bonds; former employees of the Na- section 3(a)(1) and section 3A (b)(1) and (c)(1) state of our financial system and the tion’s largest bank alleging the com- of the Burmese Freedom and Democracy Act pany urged them to steer clients to of 2003. unfinished business of Wall Street reform. I am here to talk specifically their own mutual funds because they (2) RULE OF CONSTRUCTION.—This section were more profitable to the bank, even shall be deemed to be a ‘‘renewal resolution’’ about too-big-to-fail banks. for purposes of section 9 of the Burmese Decades of deregulation and laissez though they paid investors lower re- Freedom and Democracy Act of 2003. faire economic policies helped the six turns than other funds, while their cli- (c) EFFECTIVE DATE.—This section and the largest U.S. banks grow from 18 per- ents presumably were trusting them to amendment made by this section shall take cent of gross domestic product only 25 act in their best interests; the Federal effect on the date of the enactment of this years ago to 68 percent of gross domes- Energy Regulatory Commission inves- Act or July 26, 2012, whichever occurs first. tic product in 2009. So it went from 18 tigating whether the biggest U.S. bank SEC. 4. TIME FOR PAYMENT OF CORPORATE ESTI- percent in the mid-1990s to 68 percent manipulated prices in the energy mar- MATED TAXES. of GDP in 2009. kets, forcing consumers to pay more; a Notwithstanding section 6655 of the Inter- We know what happened next. During $175 million settlement by the Nation’s nal Revenue Code of 1986— the financial crisis, these six fourth largest bank for discriminatory (1) in the case of a corporation with assets megabanks collected $1.2 trillion—just lending practices in housing markets of not less than $1,000,000,000 (determined as to understand that figure, if we can— that include Cleveland and many other of the end of the preceding taxable year), the cities. One can walk through these amount of any required installment of cor- $1.2 trillion is $1,200 billion and $1 billion is $1,000 million. The six neighborhoods and see what fore- porate estimated tax which is otherwise due closures have done to them, see what in July, August, or September of 2017 shall megabanks collected $1.2 trillion in be 100.25 percent of such amount; and Federal taxpayer-funded support from rigging, what other dysfunctional servicers’ behavior or illegal activities (2) the amount of the next required install- the Treasury, from the FDIC, and from have done to these communities and to ment after an installment referred to in the Federal Reserve. paragraph (1) shall be appropriately reduced Two years after we passed the Dodd- these families. to reflect the amount of the increase by rea- Putting the numbers aside and the Frank Wall Street Reform Act—and I son of such paragraph. political speech aside, imagine for a supported it because it took many im- moment that a parent of 12- and 13- SEC. 5. EXTENSION OF CUSTOMS USER FEES. portant steps—I am concerned we are Section 13031(j)(3) of the Consolidated Om- year-old daughters has to sit down with not seeing reform, nearly sufficient them and say: Sorry, but dad lost his nibus Budget Reconciliation Act of 1985 (19 enough reform, in the financial sector. U.S.C. 58c(j)(3)) is amended— job a few months ago and now we are (1) in subparagraph (A), by striking ‘‘Au- As we uncover more and more risky, losing our home. gust 2, 2021’’ and inserting ‘‘October 22, 2021’’; fraudulent, and illegal activities, it Where are we going to move, Mom? (2) in subparagraph (B)(i), by striking ‘‘De- seems far too clear that the American I don’t know. cember 8, 2020’’ and inserting ‘‘October 29, people absolutely see this and believe What school am I going to go to? 2021’’; and Wall Street is back to business as I don’t know yet. We have to figure (3) by striking subparagraphs (C) and (D). usual. that out. The PRESIDING OFFICER. The ma- Since 2010, we have learned about a Imagine the personal hurt and hard- jority leader is recognized. number of things. I am just going to ship caused by a lot of these things to

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5922 CONGRESSIONAL RECORD — SENATE August 2, 2012 a whole lot of families in Cleveland and This is just six banks that wheel such including the ranking member on my Mansfield and Cincinnati and Dayton. immense power in our economy. The subcommittee, Senator CORKER from More problems since 2010: Regulators message to the markets is clear: These Tennessee, who coauthored title II, are investigating whether the rate that trillion-dollar megabanks are too big note that the FDIC and Treasury could establishes municipal bond prices is to manage, they are too big to regu- keep failing banks on life support rath- susceptible to manipulation. late, and they continue to be too big to er than liquidate them. Is that what we These are just 11 examples, all of fail. We still have work to do. want when we think of too big to fail, them huge separately and in the aggre- For all of its benefits—including a too big to manage, too big to regulate? gate devastating, potentially—cer- new consumer protection agency and I have talked to regulators who have tainly devastating to many individuals oversight of derivatives—the Dodd- privately told me and told Graham and potentially devastating in a huge Frank legislation relies upon regu- Steele of my staff that they believe our way to our economy as a whole. The lators to get it right this time. banks are still too big to be allowed to list goes on and on and on. But given their track record—some- fail because the collapse of banks that Some experts say we can’t—when we times being too close to the people size could potentially crush the econ- talk about potentially forcing these they regulate, so-called regulatory cap- omy. banks to divest themselves because of ture; sometimes there just are not We remember the fear in the voices their size, some experts say our banks enough of them; other times they may of some of the top people in the Bush need to compete. They say: No, our not have the expertise to be able to administration when they talked to us banks need to compete with the banks chase around some of the smartest, in the fall of 2008 about what was hap- in other countries. But then does any- best educated, most experienced bank- pening to our financial system. I do not one truly believe—do any of these ing executives who know how to game think we have answered those fears bankers on Wall Street or bankers in the system. Also, as I said, as to these nearly well enough. my State who have acted, frankly, regulators, we simply do not have This is not capitalism the way it more responsibly—the community enough of them. should be. It is not right. Some of my banks and the credit unions and the re- That is why I am skeptical. That is colleagues think the answer to too big gional banks—does anybody truly be- why we need to go beyond the central to fail requires repeal of Dodd-Frank— lieve we should follow the European provisions of Dodd-Frank that increase this is about as silly as it gets—and a model where never-ending bank bail- capital, that establish living wills, that return to the same unfettered free mar- outs have become the norm? establish a process for orderly liquida- ket approach that Alan Greenspan We know the world’s largest bank, tions. Those are all good things. But, championed for decades and that led us HSBC, at $2.55 trillion, helped launder clearly—I just mentioned these 10 or 11 into this mess—except Alan Greenspan money from Mexican drug traffickers or 12 problems; those are just the big- does not even think we should have and Middle Eastern terrorists. As we gest ones—clearly, those are not that again, even though he was the No. know by now—all over the news- enough. 1 cheerleader, he and the Wall Street papers—the eighth largest bank in the Members of Congress in both polit- Journal editorial board, for an unfet- world, the $2.4 trillion Barclays—the ical parties agree that banks need to tered, unregulated Wall Street. He is, city where the Olympics are being have much more capital to cover their to his credit—and I do not give him held—was the first bank caught manip- losses—much more of a financial cap- credit for much in most of the last 10 ulating the LIBOR rate, not exactly ital cushion. We agree institutions years—but, to his credit, he has ac- models we should emulate. should issue more stock, should re- knowledged that, yes, indeed, he was Financial reform is supposed to restrict dividends, should retain their wrong; that this unfettered, unregu- duce industry concentration. It is sup- earnings to build bigger buffers. But lated Wall Street capitalism simply did posed to end too big to fail. But the fi- while countries such as Switzerland are not work for our country. He acknowl- nancial sector is even more con- considering 19 percent capital require- edges doing that again would be a rec- centrated now than it was before the fi- ments—a ratio of about 5 to 1—U.S. ipe for financial crises and bailouts as nancial crisis. regulators are staying within the Basel far as the eye could see. My colleagues will remember what I III international capital standards, Instead, we must face the reality said at the outset. In 1995, 18 percent of which FDIC Director Tom Hoenig has that too big to fail is simply too big, GDP was the assets of these banks. The said simply will not prevent another fi- and we must enact the SAFE Banking six largest banks had 18 percent of GDP nancial crisis. Act because too big to fail and too big in 1995. By 2009, it was 68 percent, and There is also a living will process to manage and too big to regulate has it is even worse today—the top 10 that is intended to make it easier to become the norm, especially among banks’ assets, 6 percent in 2006, now 77 resolve large, complex institutions. We these large six behemoth institutions. percent at the end of 2010 and growing, talked a lot about that in Dodd-Frank. The SAFE Banking Act, my legisla- presumably, as a result of mergers dur- Institutions are supposed to tell reg- tion, would place reasonable limits on ing the financial crisis. Three of the ulators how they can be dismantled to the share of deposits and the volatile four largest megabanks have grown by protect the financial system as a whole nondeposit liabilities that any one in- an average of more than $500 billion— and to protect Middle America when stitution could take on. It would re- grown by an average of more than $500 they get into financial trouble. But the quire the largest financial companies billion. They are in the vicinity of $800 proof will be in the results. to fund themselves with more of their billion and $1 trillion and $1.5 trillion So far regulators have yet to begin a own shareholders’ equity and less le- and $2 trillion in assets. process of simplifying the six largest verage. It would put an end to the gov- The six biggest U.S. banks have com- banks that have a combined 14,420 sub- ernment’s implicit and explicit support bined assets that are twice as large as sidiaries. Six banks have 14,420 subsidi- for megabanks—specifically, the six the rest of the top 50 U.S. banks put to- aries. largest Wall Street institutions that, gether. Think about that. The six larg- I mention that number because, as I spelled out earlier, are in a class est U.S. banks, their assets total this; Madam President, as you think about by themselves. and the next largest 50 U.S. banks—big every look at these six banks, every Remember those numbers. The six banks, to be sure; hundreds of billions quantifying number I try to give, every largest banks: 35 percent of all depos- in assets—total even less than the six observation of these six banks, every its, 53 percent of all U.S. banking as- largest. delineation of what these six banks do sets, 56 percent of all mortgages, 93 According to Robert Wilmers, the and what they are, this speaks of these percent of trading revenues. Those six CEO of M&T Bank, the six biggest huge, these behemoth banks that are institutions have that kind of power in banks in the United States account for too big to fail—these six banks. They the economic marketplace in large 35 percent of all U.S. deposits, 53 per- are too big to regulate, and they are part because of actions here. cent of U.S. banking assets, 56 percent too big to manage. Regulators and banking leaders are of all mortgages, and 93 percent—93 There is title II Orderly Liquidation increasingly voicing support for this percent—of trading revenues. Authority. I have heard my colleagues, bill.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5923 Former Federal Reserve Chairman It will benefit Main Street families of how long he might be and, second, Paul Volcker recently said the and businesses because increased com- that we enter into a unanimous con- J.P.Morgan episode might be an illus- petition will result in better prices, sent agreement that I be recognized tration that these banks are too big to and fraudsters will be punished with following his remarks. manage. the full force of the law. Just about the Mr. CONRAD. No more than 4 min- Former FDIC Chairman Sheila Bair only people who will not benefit from utes. says shareholders and regulators could my plan are a few Wall Street execu- Mr. WHITEHOUSE. Perfect. force banks to break up, but this legis- tives who, frankly, have done just fine The PRESIDING OFFICER. Without lation would be the most direct way to in the last 10 years. objection, it is so ordered. do it. We simply cannot wait any longer for Mr. WHITEHOUSE. I thank the Sen- Richard Fisher, the president of the regulators to act. Wall Street has been ator. The PRESIDING OFFICER. The Sen- Federal Reserve Bank of Dallas, and allowed to run wild for years. Their ator from North Dakota. James Bullard, president of the Federal watchdogs are either not up to the job Reserve Bank of St. Louis, agree that or, in some cases, complicit in their ac- PARLIAMENTARY INQUIRY—FISCAL YEAR 2013 BCA SEQUESTRATION more needs to be done to address the tivities. Mr. CONRAD. Madam President, I problem of too-big-to-fail banks. How many more scandals will it take come to the floor today to clear up Last week, the architect of the too- before we acknowledge that we cannot some confusion with respect to the big-to-fail banking model, former rely on regulators to prevent subprime Citigroup CEO Sandy Weill, said the Budget Control Act of 2011. Some have lending, dangerous derivatives, risky suggested that the Budget Control Act biggest banks should be broken up. proprietary trading, and even fraud and Increasingly, this is not a partisan indirectly authorized the Senate to use manipulation? issue. The ranking member of the a fast-track process to modify the Even if the regulators wanted to do across-the-board cuts scheduled to go Banking Committee, Republican Sen- the job—and I think they do—it would ator SHELBY from Alabama, supported into effect next year due to failure of require 70,000 examiners to examine a the SAFE Banking Act when it was a the Joint Select Committee on Deficit trillion-dollar bank with the same floor amendment, when it was the Reduction. level of scrutiny as a community bank. Brown-Kaufman floor amendment. Madam President, if that claim were The regulation of the community I have heard from more and more of true, it would result in a fundamental banks is plenty, but when its comes to my colleagues on both sides of the aisle change in Senate procedures and pre- that they might have voted against it the six largest banks, we are not even rogatives. However, it is clear in look- a couple years ago as a floor amend- close. Again, they are too big to fail, ing at both the statutory language and ment, but things have gotten worse. they are too big to manage—look at Congress’s intent in passing the Budget The idea is sounding better and better what has happened, those examples I Control Act that this claim is com- to them. gave—and they are too big to regulate. pletely without merit. This legislation would protect tax- We cannot rely on the market to fix First, let’s look at what the law ac- payers by putting megabank share- itself. The six largest Wall Street tually says. The key provision at issue holders on the hook for losses and end- megabanks are essentially an oligopoly is section 258A of the Deficit Control ing bailouts for good. and a cartel, making true competition Act of 1985. Section 258A would allow At a time of increasing fiscal re- impossible. the majority leader to introduce a straint, our Nation can ill-afford to Megabanks’ shareholders and credi- joint resolution to modify or provide waste precious taxpayer dollars bailing tors have no incentive to end too big to an alternative to a sequestration out our largest banks in their reckless- fail because they get paid out when order—and I quote—‘‘issued under Sec- ness. banks are bailed out. They get paid out tion 254.’’ That joint resolution could My legislation would benefit the when banks are bailed out. And bank- not be filibustered and would pass the community banks that are at an unfair ing laws prevent meaningful manage- Senate with a simple majority vote. competitive disadvantage because ment shakeups because any hostile The sequestration orders under section megabanks have access to cheaper takeover effort would require Federal 254 were put in place two decades ago funding based upon the perception that Reserve approval. to enforce deficit targets and discre- the government stands behind them. That is why it is time for Congress to tionary spending limits that have long Studies estimate this support gives act in the interests of the American since expired. megabanks a 70 to 80 basis point fund- public. It is time to restore the public’s A sequestration order under the ing advantage. Madam President, 70 to confidence in our financial markets. It Budget Control Act is not an order 80 basis points means three-fourths, is not there now, to be sure. It is time issued under section 254. The Budget four-fifths of a percent on interest ad- to put an end to Wall Street welfare Control Act created a new sequestra- vantage, if you will—a subsidy encour- and government subsidies. We have tion process under a completely dif- aged, provided, for that matter, by the seen far too much of that. It is time to ferent section of the law: section 251A. expectation of taxpayer support of up enact the SAFE Banking Act. Section 251A explicitly authorized a to $60 billion per year. I yield the floor. new set of Presidential sequestration So if you are one of the six big banks, The PRESIDING OFFICER. The Sen- orders in fiscal year 2013 for both dis- you can borrow money in capital mar- ator from Rhode Island. cretionary and direct spending, and did kets at a lower cost than if you are a Mr. WHITEHOUSE. Madam Presi- so without any reference at all to the community bank in Carey, OH, or a dent, I see the Senator from North Da- old section 258A procedures. The statu- community bank in Sandusky or a kota on the Senate floor, and I wonder tory language is clear, therefore, that mid-sized bank in Columbus or Akron, if he seeks recognition. He is my chair- these old procedures do not apply to se- OH, because the market knows we will man on the Budget Committee. I am questration under the Budget Control not let those six biggest banks fail. So inclined to give him precedence. Act. their lending is a little less expensive The PRESIDING OFFICER. The Sen- It is also clear that Congress never because there is a lot less risk. ator from North Dakota. intended for section 258A procedures to My legislation will benefit investors, Mr. CONRAD. Madam President, apply. There was no discussion of this as many experts agree that the sum of through the Chair, I would say to my issue on the floor of either House. the parts of the largest megabanks is colleague, I do have a matter that is a There was no discussion of this in the more valuable than the banks as a parliamentary inquiry that is a matter Budget Control Act negotiations be- whole. So under our legislation, when that is important for us to resolve. I do tween congressional Republicans and they begin—these six megabanks, with not want to intrude on the Senator’s the White House, and there was no dis- assets from $800 billion to $2.2 trillion— time. cussion of this among Democratic Sen- when they begin to divest themselves, Mr. WHITEHOUSE. Madam Presi- ators. Moreover, the Budget Control there is a reasonably good chance they dent, may I suggest that the Senator Act and the Deficit Control Act of 1985 will be worth more in the aggregate proceed, and it would be helpful to me are completely separate budget en- than they were in the whole. if he could give me an indication, first, forcement mechanisms enacted 26

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5924 CONGRESSIONAL RECORD — SENATE August 2, 2012 years apart and under entirely dif- timately be used to help individuals lion increase all but meaningless. I am ferent circumstances. paralyzed by stroke or injury to regain talking, of course, about sequestration, Simply put, there is zero evidence of greater independence. BrainGate is an under which it is estimated that NIH any congressional attempt to apply the example of what is possible when the will face not a $100 million increase but 258A procedures to the Budget Control best minds in science and engineering a $2.4 billion cut. Act sequestration. In order to confirm come together for the common good. I know a lot of my colleagues have this for the RECORD, I would like to Researchers from Brown University, discussed the effect that the sequester pose a parliamentary inquiry to the the Department of Veterans Affairs, will have on defense spending, but it is Presiding Officer. Massachusetts General Hospital, and important to remember that 50 cents Madam President, is it correct that the German Aerospace Center collabo- out of every dollar of cuts that will section 258A of the Deficit Control Act rated on this project. Their efforts occur under sequester will come out of of 1985 does not apply to the fiscal year were supported by a grant from the Na- nondefense spending, including specifi- 2013 sequestration? tional Institutes of Health, as well as cally the NIH. The PRESIDING OFFICER. The Sen- funding from the Veterans’ Adminis- ‘‘Devastating’’ is the word that keeps ator is correct. tration, and several private founda- being used when people are asked how Mr. CONRAD. I thank the Chair. I tions. BrainGate is just one of the most sequester would affect our National In- think it is an important decision to get recent in a long list of medical break- stitutes of Health. That is how NIH Di- affirmed publicly so that we might pro- throughs that are made possible by our rector Dr. Francis Collins described the ceed and not be engaged in distrac- National Institutes of Health. The NIH effect of a nearly 8-percent cut to the tions. is the cornerstone of our commitment agency’s budget. Those who are famil- I thank the Chair. iar with science know how important it I yield the floor. to medical research for the benefit of humanity. is in ongoing experiments that there be The PRESIDING OFFICER. The Sen- a consistent data set through the pe- ator from Rhode Island. Research supported by the NIH has led to medical advances that have riod of the research. NIH FUNDING When we interrupt research for finan- saved and improved countless lives Mr. WHITEHOUSE. Madam Presi- cial reasons, we can damage the value while making America the world leader dent, last spring Cathy Hutchison of research conducted in other years. I in discovery and innovation. More than picked up a cup of coffee and took a agree with my colleagues that we must 80 Nobel prizes have been awarded for sip. Now, why have I come to the floor reduce our long-term deficit, but when research supported by the National In- of the Senate to talk about Cathy we cut funding that creates jobs and Hutchison picking up a cup of coffee stitutes of Health. In Rhode Island, Brown University leads to lifesaving medical break- last spring and taking a sip? Because 15 throughs we are pursuing policies that has received NIH grants to support cut- years earlier, Cathy Hutchison was are the epitome of penny-wise but ting-edge research on a multitude of working in her garden when she suf- pound-foolish. fered a stroke that left her paralyzed. diseases, including cancer, dementia, I hope we in the Senate can work to- Cathy did not just lose the ability to and muscular dystrophy. In fact, the gether to find sensible solutions that use her arms and legs, she also lost the scope of projects at Brown that receive reduce the deficit while maintaining ability to speak. I am sorry to say this NIH support is so diverse that the uni- our longstanding commitment to med- condition is not unique to Cathy. It versity describes its NIH-backed re- ical research and innovation. We owe happens regularly enough that there is search as covering everything from au- that much to Cathy and to the millions a medical term for it, locked-in syn- tism to Alzheimer’s. Yet there are of Americans whose futures will be drome. That is how Cathy lived for those in Congress who have suggested brighter thanks to the research and nearly 15 years: alert and mentally cutting the NIH’s budget. jobs made possible by our American sharp but unable to move or speak, a Let’s be clear about what cutting the National Institutes of Health. When prisoner in her own body. NIH’s budget means. It means cutting Cathy Hutchison interacts with the All of this changed last spring when, off funding for research that has pro- BrainGate program, it is hard not to for the first time in nearly 15 years, vided Cathy Hutchison her first taste get the sense that we are looking into Cathy picked up that cup of coffee and of physical independence in 15 years. It the future, a future where people like took a sip. Cathy Hutchison is a pa- means telling the millions of Ameri- Cathy will know that disease or injury tient enrolled in a clinical trial at cans suffering from cancer that they will not transform their bodies into a Brown University in Providence, RI. have to wait longer for lifesaving re- prison. They are testing a neural interface de- search. It means suffocating a vibrant It was Arthur C. Clarke who said vice known as BrainGate. area of innovation and job creation. ‘‘any sufficiently advanced technology BrainGate works by placing a small Cutting the NIH budget has ripple ef- is indistinguishable from magic.’’ For sensor on the brain. The sensor is con- fects far beyond just one Federal agen- Cathy, for the BrainGate research nected to a computer that interprets cy. Quite simply, it will hurt job team, and indeed for anyone who may the brain’s signals to control a spe- growth. Medical research is one of the one day benefit from this remarkable cially designed robotic arm. The uni- fastest growing fields nationwide. In technology, that sip of coffee last versity researchers asked Cathy to Rhode Island and across the country, spring taken by Cathy Hutchison was a imagine that she was moving her arm cities are undergoing a renaissance moment of magic. Let’s commit our- in different directions. Then they mon- sparked by the growth of high-paying selves to providing Cathy, the itored which neurons fired for those careers in medical research. BrainGate team, and all of those who corresponding movements, all in her I have heard friends on the other side are relying on us in this body to pro- imagination. of the aisle talk at length about how vide the support they need to keep Using this brain wave information, we need to do more to create jobs. making magical moments like this researchers attached a robotic arm to Well, I could not agree more. Now is no possible. the computer. The computer translated time to put jobs at risk by cutting I yield the floor. the electrical impulses detected by the back on the research funding that The PRESIDING OFFICER. The Sen- sensor in Cathy’s brain back into com- makes them possible. I know the Ap- ator from Colorado. mands to tell the arm what to do. propriations Committee recently re- PRODUCTION TAX CREDIT Cathy communicates through a de- ported a bill to the floor that would in- Mr. UDALL of Colorado. Madam vice that allows her to type using the crease the NIH budget by $100 million President, I am here again on the Sen- movement of her eyes, and she typed for the coming fiscal year. I applaud ate floor, as I have been on 14 previous that she was ‘‘ecstatic’’ about the new my colleagues on the Appropriations occasions, to urge all of us, to urge my technology and hopes it can be ex- Committee for their commitment to colleagues in the Senate and, of course, panded to one day allow her to walk this vital agency, and I hope we will our colleagues down through the Ro- again. soon be able to vote on their measure. tunda in the House to extend the pro- The BrainGate team is also working But there is something looming on the duction tax credit for wind. It is also to determine if this technology can ul- horizon that will render this $100 mil- known by its shorthand as the PTC.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5925 The reason I am here on the floor, as power over 2 million homes. Moreover, rise above that. I reiterate that this is I have said many times before, this is such a move, such an investment, a perfect opportunity for us because about jobs. If we do not extend the pro- would create thousands of jobs. this is not a partisan issue. It has wide- duction tax credit as soon as possible, I want to go back to my main point. spread support from both parties across we will lose good-paying American The wind production tax credit has our country. I have been highlighting jobs. It is that simple. It is that been a major driver of this growth in that fact over the last few weeks. straightforward. the last decade, encouraging some wind What can we do? We ought to under- I am going to keep speaking on the energy producers to invest in Oregon stand that the production tax credit floor of the Senate until my colleagues and the rest of our country. The PTC equals jobs. We ought to pass it as soon decide to act, until Congress decides to has encouraged American innovation, as possible. As I wind down, I note that take the necessary action to extend the and innovation is how we will grow our the Senate Finance Committee is production tax credit and protect economy. It has supported American meeting right now to consider a tax ex- American jobs. I want to underline companies in the wind energy sector. I tenders package. I know many col- that. We are going to protect American know the Presiding Officer knows leagues on the Senate Finance Com- jobs and help secure our energy future this—and I look forward to the oppor- mittee, including Oregon’s senior Sen- in the 21st century where clean energy tunity to talk about her State of North ator RON WYDEN, are working to in- will be a dominant part of the mix. Carolina in the future. The PTC has en- clude the PTC in the package. I add my It has been a treat to come to the ticed foreign companies to bring their voice to those who are already in place, floor to do this on one hand because I operations—jobs—to the United States. urging the Finance Committee to pass am touring the country. I focus on a Because of the PTC, these companies an extension of the PTC today as a State when I come to the floor. Today are building factories and offices in the part of the tax extenders package, and I want to focus on the great State of United States. then let’s move the full Senate to the Oregon, where the wind industry is a I want to talk about Vestas, a Danish point where we can pass the PTC as major part of their economy, and company that has a significant manu- soon as possible. Why? Because we are where the PTC’s positive ripple effects facturing presence in Colorado—four protecting American jobs and we are have been felt statewide. different plants. Last Saturday, I was preparing the ground for additional job In short, Oregon is a national leader at a Vestas plant in Pueblo. They sup- creation that is crucial, growing, and in wind power. I want to share some of port many jobs in Colorado. Vestas exciting in the 21st century to the wind the statistics to make the case. Ac- also has a strong presence in Oregon. energy industry. cording to the American Wind Energy In fact, their U.S. headquarters is lo- I thank the Chair for what her State Association, Oregon ranks sixth in cated in one of the most livable cities is doing for wind power. I look forward power derived from wind. The wind en- in the world, that being Portland. Ves- to talking about North Carolina. ergy industry supports roughly 3,000 tas has made a real statement about With that, I yield the floor. jobs in Oregon. That number is poised the potential here in the United States. The PRESIDING OFFICER. The Sen- to grow but only if we extend the pro- Again, the point I am making is it is ator from Rhode Island. duction tax credit. clear to me and a large, growing, and Mr. WHITEHOUSE. Madam Presi- As we look at the map of Oregon, we bipartisan group of colleagues in both dent, I am delighted to follow the dis- can see that Oregon has installed ex- Houses of Congress, including both of tinguished Senator from Colorado and tensive wind power projects along the my colleagues from Oregon, Senators commend him for his persistence and Colombia River Valley in the northern MERKLEY and WYDEN, that extending his passion on preserving the wind pro- part of the State. The Colombia basi- the production tax credit is the right duction tax credit. We have, as he will cally delineates the State of Oregon thing to do. It is the right thing to do recall from our previous discussions to- from the State of Washington on the for our future, for our economy, and for gether on the floor, facilities that we right here along its northern boundary. our environment. Without the PTC—if hope to have going up offshore of There are enough projects there pro- you look at the other side of this suc- Rhode Island very soon that will producing enough power so that 700,000 cess story—the sustained growth of the vide a local source of energy for us, re- homes would have electricity from wind industry in recent years will duce our reliance on imported oil, and those wind-power projects. slow—it already has—and possibly create significant and well-paying jobs The Biglow Canyon Wind Farm is the halt, and we actually may see good- at home. So I am glad to be his ninth largest wind farm in the Nation. paying American jobs being lost to wingman in this pursuit and thank him And Oregon’s Second Congressional China and other countries. Why would for his leadership. District, which is a very big district, we want that to happen? We cannot let CLIMATE CHANGE much like the Western Slope district, that happen. The continued uncer- Madam President, yesterday marked Colorado’s Third District, ranks fourth tainty is not right and not fair when it the end of what is expected to be one of in the United States for installed wind comes to our U.S. wind industry and the top five warmest months on record. capacity. Over the last decade, one the people who work in that sector. The USDA recently declared nearly county alone, a relatively small coun- Last Saturday, I heard from the 1,400 counties in 31 States, including, I ty, Sherman County, has seen over $18 workers at the Vestas plant in Pueblo am sure, many in Colorado, disaster million in revenues coming into that that they didn’t know whether they areas as a result of the ongoing county due to the simple presence of were going to have jobs in a few drought. NASA and NOAA declared the the wind energy industry. months. The looks on their faces alone last decade the warmest on record. In That money has helped Sherman should motivate all of us to get the 2011, we faced 14 weather-related disas- County do impressive things. They wind production tax credit extended. ters that totaled more than $1 billion have created jobs and improved their This is also an opportunity for us in in damage each. We already have sev- infrastructure, including building a Congress to show the American public eral more that have occurred in 2012. new public school and library, sup- that we are not as dysfunctional as a I have come to the floor today to dis- porting the Sherman County History Congress as the public believes. This is cuss the science of climate change. Vir- Museum, and installing solar panels on a chance to support economic growth tually all respected scientific and aca- county property. A hybrid system is in and American manufacturing right demic institutions have agreed that use using renewable energy with those here in our country. The American peo- climate change is happening, and that solar panels. Those are impressive ple expect us to produce results, and we human activities are the driving cause achievements. can only do so by working together. of this change. A letter to Congress Oregon’s wind energy potential is I fear that the wind production tax from a great number of those institu- tremendous. Currently there are plans credit has become a political football. tions in October 2009 stated that: to more than triple the amount of We have a chance to show the Amer- Observations throughout the world make power that Oregon gets from wind. ican public, who are sick of campaign it clear that climate change is occurring, That would mean a total of 9,000 year rhetoric and politics, business as and rigorous scientific research dem- megawatts of electricity. That would usual and partisanship, that we can onstrates that the greenhouse gases emitted

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5926 CONGRESSIONAL RECORD — SENATE August 2, 2012 by human activities are the primary driver. roads. Local emergency workers sailed Critical infrastructure in at-risk coast- These conclusions are based on multiple down Providence Street, a main road in al areas—roads, powerplants, waste- independent lines of evidence, and contrary West Warwick, by boat and jet skis— water treatment plants—will need to assertions are inconsistent with an objective down a main road on boats and jet be reinforced or relocated. Addition- assessment of the vast body of peer-reviewed ally, our estuaries, marshes, and the science. skis—in order to assist residents trapped by the floodwaters. Of course, barrier islands that act as natural fil- If I were to translate that last phrase we cannot link that exact storm to cli- tration systems and buffers against into layman’s terms, it would basically mate change, but we know that cli- storms will be inundated, with little mean if you are saying anything dif- mate change is increasing the risk of time or space to retreat and move in- ferent, we should be looking for your extreme weather events like this one. land as they have in the past. The on- motives. It is loading the dice for more and coming weather is coming on too fast. This letter was signed by the heads of worse storms. One consequence of rising sea levels the following organizations: the Amer- As a New Englander, I was concerned is that local erosion rates in Rhode Is- ican Association for the Advancement by a report released this week by Envi- land have doubled from 1990 to 2006, of Science, American Chemical Soci- ronment America, titled ‘‘When It and some freshwater wetlands near the ety, American Geophysical Union, Rains, It Pours.’’ The report found that coast are transitioning to salt marsh. American Institute of Biological in New England ‘‘intense rainstorms Increased sea level and erosion puts Sciences, American Meteorological So- and snowstorms [are] happening 85 per- critical public infrastructure at risk. ciety, American Society of Agronomy, cent more often than in 1948. The fre- In one example, we have a small but vi- American Society of Plant Biologists, quency of intense rain or snowstorms brant coastal community, Matunuck, American Statistical Association, As- nearly doubled in Vermont and Rhode where beaches have eroded 20 feet over sociation of Ecosystem Research Cen- Island, and more than doubled in New the past 12 years. The town has to face ters, Botanical Society of America, Hampshire.’’ Not only are these inun- difficult decisions as the only road con- Crop Science Society of America, and a dations happening more often, but the necting about 1600 residents and sev- great many others. largest events are actually dumping eral restaurants and businesses is pro- These are highly esteemed scientific more precipitation—around 10 percent tected now by less than a dozen feet of organizations, and they don’t think the more on average—across the country. sand from the ocean. This road, which jury is still out on climate change. For States such as mine, these storms provides access for emergency vehicles They recognize that, in reality, the are dangerous, expensive, and cause and lies on top of a water main, must verdict is in, and it is time to act. lasting damage. be protected. But what are the costs of Over the weekend, Dr. Richard Mull- We are moving down a troublesome protecting this piece of road for areas er, professor of physics at the Univer- and unknown path. The best we can do nearby or farther down the shore? sity of California-Berkeley, and also di- now is to prepare for dramatic environ- Often when you protect one area of rector of the Berkeley Earth Surface mental shifts. We must look to science beach from erosion by hardening or al- Temperature Project, and a former and scientists and use the best avail- tering the shoreline, you do so to the MacArthur Foundation Fellow—a so- able data to protect and prepare both sacrifice of other areas. It takes called genius grant award winner—re- our natural and built environments, science and data to sort out how to do vealed in a New York Times op-ed how which sustain us and our economy. En- that right. he has become a converted climate suring the integrity of our infrastruc- These are not easy decisions for com- skeptic. He cites findings from his re- ture in the face of a rapidly changing munities. To best protect infrastruc- search, which ironically was partially climate is essential. I want to focus for ture and the communities and families funded by the Koch brothers, that the a minute on that infrastructure. Coast- who live in these at-risk areas, we have Earth’s land temperature has increased al States face a particularly unique set to, as a nation, plan ahead. We have to 1 by 2 ⁄2 degrees Fahrenheit in the past of challenges, so the infrastructure use the best and most reliable science, 1 250 years and 1 ⁄2 degrees over the past challenge for Rhode Island is worse and we have to be able to prioritize ad- 50 years. He states: than many places. We face what I call aptation efforts. In North Carolina, the State legisla- Moreover, it appears likely that essen- a triple whammy, as we must adapt not ture considered a measure that would tially all of this increase results from the only to extreme temperatures and un- have severely restricted the ability of human emission of greenhouse gases. usual weather but also to sea level rise. Unfortunately, human emission of As average global temperatures rise, their Coastal Resources Commission to employ scientific estimates of future greenhouse gases is on the rise. In 2011, less water will be stored in snowpack sea level rise. That is the ultimate case the famed Mauna Loa Observatory doc- and on the ice sheets of Antarctica and of the ostrich burying its head in the umented the biggest annual jump yet Greenland. We also know that at high- sand—in this case, the beach sand. This in carbon dioxide. A monitoring sta- er temperatures water expands to type of thinking will cost money and tion in the Arctic this year measured greater volume, so that leads to a sea carbon dioxide at 400 parts per million lives in the future. level rise, which is predicted to range In Rhode Island, we are taking a dif- for the first time, which is 50 parts per from 20 to 39 inches by 2100, with recent million higher than the maximum con- ferent approach. studies showing that the numbers We have to if we want to protect pub- centration at which scientists predict a could be even higher due to greater lic health and safety. Rhode Island has stable climate. Of course, 400 parts per than expected melting of glaciers and 19 ‘‘high hazard’’ dams that have been million is way outside the 170 to 300 ice sheets. This is not a theory. We are deemed ‘‘unsafe’’ by our Department of parts per million bandwidth that has into the realm of measurement. Environmental Management. We have existed on this planet for the past 8,000 Long-term data from tide gauges in 6,000 onsite waste water treatment sys- centuries. For 800,000 years, we have the historic sailing capital of Newport, tems located near the coast, several been between 170 and 300 parts per mil- RI, show an increase in average sea landfills that may be susceptible to lion, and now in the bellwether lead- level of nearly 10 inches since 1930. At coastal erosion and evacuation routes ing-edge Arctic area, we cracked 400 in these same tide gauges, measurements that could be underwater as sea levels our climate. show that the rate of sea level rise has rise. A 2012 report by the IPCC concludes increased in the past two decades com- In 2008, our Coastal Resources Man- that climate change increases the risk pared to the rate over the last century. agement Council adopted a climate of heavy precipitation. Rhode Islanders This is consistent with reports that change and sea level rise policy to pro- are no stranger to heavy precipitation. since 1990 sea level has been rising fast- tect public and private property, infra- In 2010, we saw flooding that exceeded er than the rate predicted by models structure, and economically valuable anything we have seen since the 1870s, used to generate IPCC estimates. coastal ecosystems. The policy states when Rhode Island first started keep- Sea level rise is one thing, and the the following: ing records. At the height of the rains, increase in storm surges that will ac- The Council will integrate climate change streets in many Rhode Island cities and company it is even worse and promises and sea-level rise scenarios into its oper- towns looked more like rivers than to bring devastation to our doorsteps. ations to prepare Rhode Island for these new,

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5927 evolving conditions and make our coastal Let me close by saying that it is now nation is one of the many judicial areas more resilient. well past time for us as a country to nominees ready for final action by the It is the Council’s policy to accommodate start making policy that helps us Senate but being delayed by Repub- a base rate of expected 3–5 foot rise in sea level by the year 2100 in the siting, design, adapt to the emerging scientific reality lican opposition. and implementation of public and private that our actions indeed do affect our There was an article in the Wash- coastal activities and to insure proactive environment. For those of us who are ington Post this morning entitled ‘‘A stewardship of coastal ecosystems under ocean States, the state of our oceans Bench with Plenty of Room’’ about the these changing conditions. It should be noted and coastlines is particularly signifi- judicial vacancies being perpetuated by that the 3–5 foot rate of sea-level rise as- cant, and I urge my colleagues to sup- partisanship all to the detriment of sumption embedded in this policy is relatively narrow and low. The Council recog- port our National Endowment for the those seeking justice in our Federal nizes that the lower the sea level rise esti- Oceans, which got all the way into the courts. It notes that a lower percent- mate used, the greater the risk that policies conference committee on the highway age of President Obama’s nominees and efforts to adapt sea-level rise and cli- bill before it was taken out in an unfor- have been confirmed than had been mate change will prove to be inadequate. tunate, unwise, and, frankly, unfair during the Bush administration and This policy is already helping the maneuver. that at this point during the Bush State make smart decisions. For exam- We are at a place now where nature Presidency there were only 28 judicial ple, when a new pump station was could not be giving us clearer warn- vacancies. It observes that ‘‘Obama, needed at a sewage treatment plant, ings. Whatever higher power there is— with 78 vacancies, may be the first CRMC looked at sea-level rise models and we each have our own beliefs on president in decades to end his first before determining where it should go, that—that higher power that gave us term with more judicial vacancies than avoiding future relocation costs or our advanced human capacity for per- when he began.’’ We can change that if malfunction in the face of flash flood- ception, for calculation, for analysis, Senate Republicans will cooperate in ing and sea level rise. for deduction, and for foresight has laid the consideration of the 23 judicial In 2010, our general assembly created out before us more than enough infor- nominees on the Senate Executive Cal- the Rhode Island Climate Change Com- mation for us to make the right deci- endar awaiting a final, up-or-down con- mission to study the projected impacts sions. Only a wild and reckless greed or firmation vote. I ask that a copy of of climate change on the State, develop a fatal hubris could blind us to the dis- that article be printed in the RECORD. strategies to adapt to those impacts, tress signals coming from our oceans, There being no objection, the mate- and determine mechanisms to incor- our atmosphere, and our world. Fortu- rial was ordered to be printed in the porate climate adaptation into existing nately, these human capacities still RECORD, as follows: state and municipal programs. A draft provide us everything we need to act progress report from the Commission [From the Washington Post, Aug. 1, 2012] responsibly but only if we will. lists many ways the state is planning A BENCH WITH PLENTY OF ROOM I thank the Presiding Officer, and I to adapt to climate change, including: The Senate’s rejection Monday of Okla- yield the floor. Creating a ‘‘Structural Concept and homa Magistrate Judge Robert Bacharach Contingency Plan to Inundation of the f for a U.S. Court of Appeals seat sent a clear message to the three other appellate nomi- Ferry Terminals and Island Roadway EXECUTIVE SESSION nees hoping for a vote on the Senate floor: Systems’’; creating the ‘‘Central Land- Fuhgeddaboudit. fill Disaster Preparedness Plan’’; na- Ditto for 16 U.S. District Court nominees tional grid, our electricity and natural NOMINATION OF GERSHWIN A. also pending in committee. The odds of judi- gas utility, undertaking a ‘‘Statewide DRAIN TO BE UNITED STATES cial confirmations after this August recess Substation Flooding Assessment’’; the DISTRICT JUDGE FOR THE EAST- are exceptionally slim—at best. The Cubs Army Corps of Engineers, FEMA, and ERN DISTRICT OF MICHIGAN will win the pennant before you’ll be putting the Rhode Island Emergency Manage- on the black robes. The PRESIDING OFFICER (Mrs. No nominees were confirmed after the Au- ment Agency conducting a ‘‘Hurricane MCCASKILL). Under the previous order, and Flooding Evacuation Study’’; and gust recess when President Bill Clinton was the Senate will proceed to executive running for reelection in 1996 and only three the list goes on and on. session to consider the following nomi- when President George W. Bush was running In the town of North Kingston, RI, nation, which the clerk will report. for a second term in 2004—although five got they have taken the best elevation The assistant bill clerk read the in during the lame-duck session. data available, and modeled 1, 3, and 5 nomination of Gershwin A. Drain, of Still, a whopping 13 George H.W. Bush feet of sea-level rise, as well as 1 foot of nominees, including two for appellate seats, Michigan, to be United States District sea-level rise plus 3 feet of storm surge. were confirmed after the August recess in By overlaying these inundation models Judge for the Eastern District of 1992, according to Senate Judiciary Com- on top of maps identifying critical in- Michigan. mittee statistics. frastructure such as roads, emergency The PRESIDING OFFICER. There Four Clinton judicial picks were confirmed routes, railroads, water treatment will be 1 hour of debate equally divided. after the recess in 2000, when Bush II and Al Mr. LEAHY. Mr. President, earlier Gore were running, and 10 Bush judges were plans, and estuaries, the town will be confirmed during the race between Barack able to prioritize transportation, con- this week, Senate Republicans followed through on their partisan opposition to Obama and John McCain, the committee reservation, and relocation projects. ports. They are also able to quantify the the President by slamming the door on So with the numbers pretty much set, let’s costs of sea-level rise. In one small a highly qualified, consensus circuit recap. area of the town, 1 foot of sea-level rise court nominee with bipartisan support. President Barack Obama, who started off would put two buildings, valued at $1.3 It was the first time in history that a slowly in getting nominations up to the Sen- million, underwater. Five feet of sea- circuit court nominee reported with bi- ate, never fully caught up. He’s nominated level rise, however, jeopardizes 116 partisan support from the Judiciary fewer judges (200) than either Bush (228) or Clinton (245) on Aug. 1 of their fourth year in buildings valued at $91 million. Committee was successfully filibustered. Judge Robert Bacharach, who office, according to committee statistics. Similarly, by modeling how sea-level At the same time, the Senate has con- rise will impact estuaries, towns can was nominated to the Tenth Circuit firmed a smaller percentage of Obama nomi- preserve areas that will stay wetlands Court of Appeals, had had the strong nees than Clinton nominees—78 percent, or undeveloped areas that will become support of his Republican home State compared with 80.8 percent—and a much wetlands in the future, as opposed to Senators, Senator COBURN and Senator smaller percentage than in the Bush admin- areas that will be lost. Estuaries act as INHOFE. Unfortunately, they chose not istration (86.4). nurseries for our hugely valuable fish- to vote to end the unprecedented fili- As a result, Obama, with 78 vacancies, may eries, and protect our homes, buildings buster of his nomination and cloture be the first president in decades to end his and communities from storm surge. fell just short. This deprived the people first term with more judicial vacancies than when he started. There is already limited funding to of Oklahoma and the Tenth Circuit of At this point in their first terms, Clinton protect these important ecosystems an outstanding judge who could today had 58 judicial vacancies and Bush had 28. and this kind of planning promotes ef- be serving the American people as an (The latter figure is pretty much full em- ficiency in spending. appellate judge. The Bacharach nomi- ployment.)

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There are some Senators who have come of a fair vote in the full Senate.’’ Vacancies on the Federal courts are expressed concerns about Judge Drain’s ‘‘The Senate has an obligation to provide more than 21⁄2 times as many as they views based on a few isolated public fair hearings and prompt votes to all nomi- were on this date during the first term statements that Judge Drain made nees,’’ Bush said, ‘‘no matter who controls of President Bush. more than a decade ago. However, the Senate or who controls the White In contrast to the dramatic reduction Judge Drain’s 25 years on the bench House.’’ Obama did, however, mention Sen- in judicial vacancies during President demonstrate that he is more than capa- ate delays in a State of the Union address Bush’s first term, judicial vacancies ble of being a fair and neutral judge and in a Saturday radio address, we were told. And Senate Judiciary Chairman Pat- are higher than they were when Presi- who faithfully applies the law. His ex- rick Leahy (D-Vt.) intends to keep moving dent Obama came into office—another perience presiding over 600 civil and nominees this fall. Well, who knows? Deals sad first. criminal matters provides further as- are always possible. We have heard lots of excuses from surance that he makes his decision But, after those recess appointments of the Senate Republicans, who have tried to based on the law and nothing more. consumer finance watchdog and some labor shift the blame for the judicial vacancy Mr. GRASSLEY. Mr. President, I rise folks in January, furious Republicans are crisis to the President. They claim in opposition to the nomination of not feeling particularly cooperative on ap- that the President has not made Gershwin A. Drain, to be U.S. district pointments. enough nominations. However, there judge for the Eastern District of Michi- Mr. LEAHY. The Senate Republicans are 19 outstanding district court nomi- gan. Judge Drain, currently serving as who took the floor earlier this week re- nees who can be confirmed right now a Michigan State court judge, was re- lied on their distorted application of who are being stalled. Let’s act on ported out of committee on a 10 to 8 the Thurmond rule in seeking to jus- them. Let’s vote them up or down. vote. He could hardly be described as a tify their unprecedented filibuster of The Senate should proceed to con- consensus nominee. Judge Bacharach’s nomination. The firm all 19 district court nominees who Even as we turn to the 155th nominee truth is that Senate Republicans are are ready for final confirmation votes. of this President to be confirmed to the trying to find an excuse for their par- I know we can do this because we have district and circuit courts, we continue tisan inaction that is stalling almost done this before. On November 14, 2002, to hear unsubstantiated charges of ob- two dozen judicial nominees. the Senate proceeded to confirm 18 ju- structionism. The fact is, we have con- We now have a President who has dicial nominees on 1 day, and vacancies firmed over 80 percent of President worked with home State Senators to went down to 60 throughout the coun- Obama’s District nominees. That ex- select moderate, superbly qualified ju- try. If we confirm the 19 district nomi- ceeds the percentage for President dicial nominees. Yet Republicans who nees ready for final Senate action Bush at this stage in his Presidency. support these nominees will not vote to today, we can reduce vacancies down to During the last Presidential election end filibusters against them and will 60 as well. I hope that Senate Repub- year, 2008, the Senate confirmed a total not stand up to the partisan obstruc- licans will not extend their wrong- of 28 judges—24 district and 4 circuit. tion. I am proud of my record of work- headed Thurmond rule shutdown to the This Presidential election year we have ing to lower vacancies and to move confirmation of consensus, well-quali- already exceeded those numbers. We nominations whether there is a Repub- fied district court nominees. Given our have confirmed 5 circuit nominees, and lican or Democratic President and of overburdened Federal courts and the Judge Drain would be the 28th district my role ensuring that nominees are need to provide all Americans with judge confirmed. That is a total of 33 treated fairly and that the rights of prompt justice, we should all be work- judges this year versus 28 in the last every Senator are protected in the Ju- ing in a bipartisan fashion to confirm Presidential election year. Again, there diciary Committee. But this is not these nominees. is no credible basis to argue that this about me. This is about the American Today, the Senate will vote on the President is being treated differently. people. This is about ensuring that nomination of Gershwin Drain to fill a With regard to Judge Drain, I will they have functioning courts so they judicial emergency vacancy in the U.S. not take the time to mention every as- have access to justice. District Court for the Eastern District pect of his record that I find troubling, With our Federal courts still severely of Michigan. Judge Drain has the but I do want to highlight some of my overburdened, I hope that Senate Re- strong support of his home State Sen- concerns. publicans will consider the needs of the ators, Senator LEVIN and Senator STA- In 1994, Judge Drain wrote an article American people. We need to do better, BENOW. His nomination was reported that was published in the Michigan filling vacancies to ensure a func- favorably by the Judiciary Committee Chronicle concerning the second tioning democracy, functioning courts, 4 months ago. amendment and the right of American and do our job for the American people. Judge Drain has been a State and citizens to own and possess firearms. There are currently 19 district court local trial court judge in Michigan for Judge Drain wrote that he ‘‘envisions a nominees who have been reported fa- over 25 years, with jurisdiction over day when the National Rifle Associa- vorably by the Judiciary Committee both civil and criminal matters. In tion with its lobby will not be feared, who can be voted on right now, almost that time, he has presided over ap- and that legislators and congressman all of them completely noncontrover- proximately 600 cases that have gone will stand up strong against them in- sial with significant bipartisan sup- to verdict or judgment after trial. The stead of bowing down to them.’’ He also port. Of the 19 district court nominees ABA Standing Committee on the Fed- wrote that he ‘‘looks forward to the currently pending on the floor, 16 were eral Judiciary has unanimously rated time when a person with a gun will be supported by nearly all Republicans on Judge Drain as ‘‘qualified’’ to serve on viewed as a coward or a chicken.’’ the committee. All have the support of the U.S. district court. I would note that it is not as if Judge their home State Senators, including Currently a trial judge on the third Drain was a young and inexperienced eight with Republican home State Sen- Circuit Court of Michigan, where he lawyer when he took this view. On the ators. has been presiding since 1997, Judge contrary, he wrote this article after he The reason for this extensive backlog Drain has also served on the Recorder’s had been serving as a judge for approxi- of nominees is that Senate Republicans Court for the City of Detroit for a dec- mately 7 years. I recognize that Judge have allowed for votes on just one dis- ade. Prior to that, he served briefly as Drain told Senator LEE at his hearing trict court nominee per week for the a judge for the 36th District Court of that, if confirmed, he would follow the last 7 weeks. We cannot allow this slow Michigan. Before becoming a judge, he precedent in McDonald and Heller. But, pace of confirmations to continue with was a trial attorney for the Federal De- I also know that when individual has the judicial vacancy crisis that we fenders Office for nearly a dozen years, such strong and well-established views face. There are currently 78 vacancies. where he tried over 140 cases to verdict on a particular subject, it can be very

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I thank my friend from to the death penalty as a ‘‘primitive putes, misdemeanors, and civil cases Rhode Island, and I think we can move punishment that is brutal and bar- where the amount in controversy was forward. I think there is good faith. baric.’’ He also said that deterrence less than $25,000. In 1987, he was ap- As I said, we started—the four of us— was ‘‘the only reasonably legitimate pointed to the Recorder’s Court for the beginning to get people together. That argument for killing the convicted,’’ city of Detroit, where he presided over group was quickly joined by Senators but he said deterrence was actually a felony prosecutions. COLLINS and LIEBERMAN, so then six of ‘‘myth.’’ Now, at his hearing, Judge Judge Drain was elected to the Third us began to get people together. There Drain said that he wrote that article Circuit Court of Michigan in 1997, were any number of meetings this week many years ago and he no longer holds where he presided over felony prosecu- with about two dozen Senators, about to that position. But again, given how tions in Wayne County until 2000. In equally divided between both parties, Judge Drain appears to have held very 2000, he became a civil judge in the trying to find a way forward. I didn’t strong views on this issue, I am con- Third Circuit and presides over State think we found that in the cloture mo- cerned that he would not be able to civil cases where the amount in con- tion today. The motion said: Here is completely set those views aside. troversy exceeds $25,000. how we are going to proceed to finish The PRESIDING OFFICER. The Sen- His views on criminal sentencing the bill, and so we didn’t move forward ator from Missouri. concern me as well. Judge Drain has today. But I hope we can continue to been strident in his opposition to man- Mr. BLUNT. Madam President, I work with Senator REID and others to datory sentences. He once wrote that, don’t intend to talk about the nomina- create the sense that Senator WHITE- as a judge, ‘‘one of my unpleasant tion, but I have talked to my friend from Michigan about this, and I would HOUSE just expressed, that there is tasks on occasion is to impose manda- great bipartisan effort being made to tory sentences.’’ On another occasion, ask unanimous consent that my time come from the Republican time on the find a solution that not only would he expressed admiration for judges who pass a Senate bill but would wind up refuse to hear drug cases where the law nomination discussion. The PRESIDING OFFICER. Without with a bill on the President’s desk would require them to impose manda- sometime this year. tory sentences. He called the judges objection, it is so ordered. You don’t have to look very far to who refuse such cases ‘‘courageous.’’ In CYBER SECURITY find people who will say that the great- my view, judges should accept the Mr. BLUNT. I rise today on two top- est threat we face at this moment is cases that are assigned to them, and it ics. One, I want to say that while I the threat of some kind of cyber at- is their duty to do what the law re- don’t agree with everything my good tack. At the highest levels of our mili- quires of them. If they are unable to do friend from Rhode Island just said tary structure, of our intelligence that, then they should not be a judge. about the issue he was talking about, At the State level, he urged his legis- the two of us have worked all this year structure, they quickly come to that lature to eliminate mandatory sen- to try to bring people together on the conclusion. And leaving here for the tencing. At the Federal level, he criti- issue we failed to deal with today on work period in August that Congress cized President Clinton’s ‘‘three strikes cyber security. has had since the beginning of Con- and you’re out’’ legislation. Senator WHITEHOUSE and I, along gresses without having this done on At his hearing, I asked him about his with Senators KYL and MIKULSKI, at the Senate side is disappointing to me. views on sentencing. I appreciate that the very first of the year began to cre- On the other hand, there wouldn’t he acknowledged that his obligation is ate opportunities for Senators to sit have been a bill even if we had passed to follow the law. And then he added, down together and talk about the a bill today because we have to work ‘‘The fact that I wrote some side com- threat we face and talk about what we with the House to have a bill that ments about [sentencing], really need to do to deal with it. I am con- winds up with a piece of paper on the shouldn’t have anything to do with my vinced and I believe all the people I President’s desk—a relatively small decision-making, and is really kind of just mentioned are equally convinced stack of paper—that he can sign and irrelevant or unimportant to me.’’ that two things will happen: No. 1, we that then becomes the law that allows However, Judge Drain’s articles and will eventually have a cyber attack on us to either minimize or hopefully comments are not irrelevant. As I our country that will be successful in avoid the current certainty that some- evaluate the nominee, I have to be some way that many Americans will one will eventually begin to get to our comfortable that he will be able to set understand the danger we face from the critical infrastructure in a way that aside his strongly held personal views cyber threat and, No. 2, that we will makes it hard for the country to get and do what the law requires. Unfortu- eventually pass a bill. My strong belief water, to get electricity, to commu- nately, I am unable to reach that con- is that will be a better bill if we pass it nicate, or to address the financial net- clusion. I am sure Judge Drain is an before that event rather than after work. You know, 3 or 4 days anywhere admirable man, but I am unable to sup- that event. in the country where the electricity is port him for the Federal bench. Mr. WHITEHOUSE. Madam Presi- out, suddenly you begin to see all of Judge Drain received his B.S. from dent, may I simply interject, with the the things that are dependent on just Western Michigan University in 1970 Senator’s permission, to say how much the electrical grid alone. and his J.D. from the University of of a pleasure it has been to work with Hopefully we can do this. I know Michigan Law School in 1972. Upon him on this issue and to say that I work is being done. I will be involved graduation, he clerked for the Michi- think a great number of Senators on in some of it later today. As I said, I gan Third Circuit Court judges. In 1973, both sides of the aisle have worked in am disappointed we didn’t get this Judge Drain worked as an attorney for very good faith to get to a point where done, but it has to be done. We can’t a year in the department of transpor- we can pass a bill. And I pledge to him, leave here this year with the House tation in Detroit. There, he handled despite the unfortunate outcome of to- saying ‘‘we passed a bill’’ and the Sen- property damage and minor personal day’s cloture vote, that I am com- ate saying either ‘‘we didn’t pass a bill injury cases. From 1974 to 1986, he mitted to continuing to work with because one side didn’t want to work worked as a Federal public defender in him, Senator KYL, Senator GRAHAM, with the other’’ or ‘‘we passed a bill, Detroit on felony cases. He handled Senator MCCAIN, and others—I guess but the House wouldn’t agree to it.’’ cases where defendants were charged Senator CHAMBLISS—on the other side This is not a problem that we just need with a variety of crimes, including of the aisle so we can indeed take the to have a political answer to; this is a drug violations, bank robberies, coun- necessary steps to protect our Nation problem we need to have a real answer terfeiting, mail theft, interstate trans- from this threat. But I say this with a to.

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This is one 0, to block Iran’s access to global cap- over two decades in all three of our thing people who don’t agree on much ital markets. Foreign banks that do trial courts, from the lowest court, of anything else in the House and Sen- business with Iran’s banks won’t be which is a so-called district court, to ate can figure out how to agree on. able to do business with the U.S. finan- the recorder’s court and the circuit This bill, while I think it could have cial system. court. been a little stronger, was still a Nobody disputes what a nuclear Iran He has demonstrated a career-long strong effort to reach a conclusion that would mean to the world. Iran is cur- dedication to helping the people under- hopefully the President will sign as rently led by a man who has called for stand how our legal system works. As a soon as possible and send the right the destruction of our ally Israel. longtime columnist for the Michigan message to Iran that even amid our Iran’s government funds and supports Chronicle newspaper, he has explained vigorous disagreements on all these terrorist organizations and regimes all often-complex legal issues in language other issues, including something as over the Middle East that threaten accessible to lay readers, broadening important as cyber security, Congress American allies and interests and understanding of and appreciation for stands united against Iran developing American citizens. The Iranian regime our courts. Beyond his writing, Judge nuclear capacity. is dangerous, it is undemocratic, it Drain has been very active in the com- Let me give some of the highlights of treats its own people brutally, and it munity, including membership on the the bill. This would create strong new associates itself with other countries education committee of the Southfield measures on any entity that invests in that do the same thing. North Korea, Christian School Board. Iran’s petroleum, petrochemical, or Venezuela, and Syria are allies of Iran. It is important to note that the con- natural gas sector, strong measures What does that tell us? We can some- firmation of Judge Drain would help to against any entity that provides goods, times tell a lot about a country by the remedy the judicial emergency in the services, and infrastructure or tech- few friends it has left in the world. Iran Eastern District of Michigan. Vacan- nology to Iran’s oil and natural gas and bankrolls Hezbollah and has strong fi- cies and caseloads in the Eastern Dis- any entity that provides refined petro- nancial ties with Hamas. Remember, trict meet the Federal judicial sys- leum products to Iran. this is a country that can’t even tem’s definition of an emergency. Iran is an economic basket case. produce their own gasoline, even These judicial emergencies lead to They have all this oil, but they can’t though they send oil out every day, be- delays and, even worse, to the risk of turn enough of it into gasoline for cause they are focusing on nuclear ac- rushed judgments that could deprive their own country because of the kind tivities when they have so many other Americans of the impartial justice that of government under which they are needs. So there is no reason to believe is so much a necessary component of suffering. a nuclear Iran would not be a threat to our democratic system of government. Again, this bill would create new, the United States. Judge Drain was asked about some of strong measures against any company Some of our country partners in that his past writings and statements dur- or entity that insures or reinsures in- region, such as Turkey, feel they have ing his confirmation hearing at the Ju- vestments in Iran’s oil sector; that en- to develop nuclear programs if Iran diciary Committee on such issues as gages in joint ventures with the Na- does. capital punishment and mandatory The Iranian people, many of whom tional Iranian Oil Company; that pro- minimum sentences. He indicated that advocate for freedom and demonstrated vides insurance or reinsurance to the some of those views—some of them dec- their bravery in the 2009 uprisings, are National Iranian Oil Company or the ades ago—have evolved. He was candid not our enemies. This government, National Iranian Tanker Company; however, is our enemy, and this gov- in saying where they have changed. I that helps Iran evade oil sanctions ernment should not be allowed to have don’t agree with everything Judge through reflagging or some effort that a nuclear weapon. Drain said 20 years ago, but nonethe- tries to hide the real source of oil com- We are going to have to work to- less, without the slightest hesitancy, ing from Iran; that sells or leases or gether to more vigorously persuade Senator STABENOW and I have rec- otherwise provides tankers to Iran; countries such as Russia and China ommended him to be a judge on the that transports crude oil from Iran that their ties with Iran aren’t in the Eastern District Court for Michigan. concealing the origin of Iranian crude best interest of the world. We have to The test of his fairness has been in any way. These are good measures work to encourage our European allies shown by the fact that he has served that strengthen what we have been to accept some further risk as they with distinction for over two decades doing, and what we have been doing is also continue on the path they are on on trial courts. Another test of his fair- having some impact. I believe we need to make these sanctions work better. ness is how the legal community feels to have more impact because the result I understand there is some risk here, about Judge Drain. would be so unacceptable if Iran suc- but the Senate—which doesn’t agree on Senator STABENOW and I have ap- cessfully gets a nuclear weapon. a lot of things—agrees that an unac- pointed a judicial advisory commission The bill prevents Iran from bringing ceptable conclusion to what is going on to make recommendations to us for the money back when it sells oil in other in Iran right now would be a nuclear judicial positions we have on the Fed- countries. Now, 80 percent of their hard Iran. eral district courts. His nomination currency comes into the country that I urge the President to sign this bill was the result of an examination by way. So we would say that can’t hap- to implement the provisions as quickly and consideration of a host of people pen. And 50 percent of all the money as possible and to work with other interested in being Federal court that runs the government comes in countries in the world to see that we judges in the Eastern District. His that way. When the President signs all advance the interests of peace by competition was great. There are lit- this bill, we are saying this shouldn’t insisting that Iran not continue on the erally dozens of qualified people whom be allowed to happen. It also prevents course it is on. we considered—more accurately, our the purchasing of Iranian sovereign Madam President, I yield the floor. judicial advisory commission consid- debt. The PRESIDING OFFICER. The Sen- ered—to recommend to the President I have been working on this issue for ator from Michigan. for nomination. He was one of the per- a long time. In 2006 I worked with my Mr. LEVIN. Madam President, I am sons they recommended. This is a com- colleagues in the House and Senate and very pleased that the Senate is now mission we have appointed in order to the administration to secure the first taking up the nomination of Gershwin remove the nominees whom we rec- Iran Freedom Support Act, which up- Drain to be a judge on the Eastern Dis- ommend to the President, as much as dated the Iran sanctions law and put trict Court of Michigan. we can, from partisan politics and to

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5931 put them instead under consideration I have had numerous trips to Israel. Israel ‘‘unprecedented.’’ But if you lis- to be a judge with great objectivity. We One was the 6-day war in 1967, when the ten to Republicans over here in the have a broadly based commission. I Israelis had battled with the Egyp- United States, they say we have all but think the best test of his fairness and tians, and I got there shortly after the abandoned Israel’s security. They are objectivity and his ability to judge guns stopped shooting. I went to the encouraging hostile neighbors with people not based on anything other Sinai Desert and watched the Israelis their misrepresentations. Shame on than the merits of the case in front of on guard while the Egyptian soldiers them. him is testified more than anything to were carrying necessary items, such as Governor Romney in particular has by the fact that the broadly based judi- water and food, for their people. I was demonstrated frightening ignorance cial advisory commission rec- reminded then that the Israelis always about Israel and its security needs. The ommended his nomination to us as one have to be on guard. They are never prime example of this behavior is the of the people to be considered, and we free to go about their domestic inter- Republican Presidential nominee’s recommended him to the President. ests and problems without having one complete inability to articulate what The American Bar Association has eye open to make certain the rockets exactly he would do differently than also spoken on this issue. He has been that are being aimed at them aren’t President Obama. When asked about recommended unanimously as qualified going to tear their people apart again, what his policy regarding Israel would for the Federal bench by the Standing as their people have experienced—the be, and I have to quote him here, he Committee on the Federal Judiciary of worst of human relations, a blight on said: ‘‘I’d look at the things the Presi- the American Bar Association. mankind which can never be forgotten, dent has done and do the opposite.’’ So we are in a position here where we and the Israelis remember it very What a threatening statement that have a judicial emergency on the East- clearly. is. He said he wants to do the opposite ern District Court. We have a situation Unfortunately, Republicans want to of President Obama. So let’s look at where the delays that result deprive use our relationship with Israel as a what that would mean. Obama blocked Americans of what they are entitled to. political game, which is terrible for Palestinian statehood when it was We have a nominee who has been rec- America’s national security and bad brought up in the U.N. He had a big ommended by a broadly based commis- for Israel. The implication that we are fight on his hands to keep that from sion that Senator STABENOW and I have weak in our support for Israel is foul happening. So that means Romney, as appointed. He has been given a unani- play and encourages Israel’s enemies to President, would allow Palestinian mous rating of ‘‘qualified’’ by the look and say: Well, maybe America is statehood in the U.N. He said he is American Bar Association. And I think not as solid on its support of Israel, be- going to do the opposite. Record high U.S. aid for Israel? Rom- his commitment has been shown not cause Mr. Romney, when asked the ney is going to do the opposite. That just by his decades of service as a trial question about what he would do dif- means he has to lower the U.S. aid for judge but by the way he answered the ferently with Israel, says he would do Israel. questions in his confirmation hearing. just the opposite of what President Obama says all options on the table He said—and he has shown this in prac- Obama has done. for dealing with Iran are there. That tice—that ‘‘my personal beliefs, both We have built a relationship between means that Mitt Romney, if President, past and present, have no bearing on our countries that is firm and would only use ‘‘containment’’ of a nu- the decisions I make in court.’’ The no- unshakable since 1948. To try to clum- clear Iran as his yardstick for dealing tion that he would insert his own per- sily interfere with that is shameful. with this incredible problem. sonal judgment in place of the law is Republicans are distorting the state of So, everybody, beware. Israelis, be- contradicted by not just his testimony U.S.-Israel relations for political gain ware. Don’t be taken in by this and but by a record of decisions that indi- and sending the wrong signal to the don’t let people in America be taken in cate he abides by the concept of judge rest of the world. by this. They know that Israel is as impartial arbiter. When you listen to the Republicans— America’s best friend. Senator STABENOW and I strongly especially their Presidential candidate, Last September, when the Pales- urge our colleagues to confirm Judge Mitt Romney discuss Israel, reality is tinian Authority aggressively pursued Drain. We hope that can happen in the often replaced with distortion and fan- a U.N. vote on statehood, that is when next hour. tasy. Mitt Romney says President President Obama stood strong and Madam President, I yield the floor Obama has not been a friend of Israel. blocked it. If we are to believe Mitt and ask that the time between now and That couldn’t be any further from the Romney, however, as indicated here, he the time for voting be equally divided truth. When we examine the record, it would have allowed this unilateral ac- between the majority and the minor- is clear that President Obama shares tion on Palestinian statehood to pro- ity. my convictions about the enduring ceed. The PRESIDING OFFICER. Without bond between Israel and the United Just a few days ago, President objection, it is so ordered. The quorum States. It is clear that there is no Obama signed into law a new bill that call will be equally divided. greater friend to Israel than this Presi- will strengthen U.S. security with The clerk will call the roll. dent. Israel even further. But again, if we are The assistant legislative clerk pro- But you don’t have to take my word to believe Mitt Romney, he would have ceeded to call the roll. for it. Here is a chart that carries a lowered Israeli aid and weakened, thus- The PRESIDING OFFICER. The Sen- message from a distinguished leader in ly, Israel’s defenses against the threats ator from New Jersey. Israel, the Israeli Defense Minister, it constantly faces. Mr. LAUTENBERG. Madam Presi- Ehud Barak. He says very clearly: And last, President Obama has stood dent, I ask unanimous consent that the [T]his administration under President absolutely firm in his call to stop Iran order for the quorum call be rescinded. Obama is doing in regard to our security from development of a nuclear weapon. The PRESIDING OFFICER. Without more than anything that I can remember in The Obama administration has been objection, it is so ordered. the past. clear that all options are on the table POLITICIZING ISRAEL He made certain that it is quite un- to prevent Iran from becoming a nu- Mr. LAUTENBERG. Madam Presi- derstood that the relationship with clear threat to its neighbors. President dent, I rise today out of disbelief with Israel and America is solid and well- Obama has put in place the strongest the rhetoric coming from Republicans balanced. This is coming from, as I sanctions ever against Iran, sanctions and their Presidential candidate con- said, a distinguished, decorated mili- that have punished and isolated Iran cerning the U.S. relationship with tary leader. He helped plan the historic more than ever before. If we are to be- Israel. Frankly, it pains me to see that raid on Entebbe to rescue Israelis who lieve Mitt Romney here as well, under a political trip to Israel is carried with were held in a grounded airplane. He President Romney America’s policy to- a message to scare the Israelis that understands Israel’s security. ward Iran would be one of accepting a President Obama and this administra- Israeli Prime Minister Benjamin nuclear-armed Iran that threatens tion are not as fast and as complete as Netanyahu has called the Obama ad- Israel’s—and the world’s—very exist- they are. ministration’s security policy for ence.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5932 CONGRESSIONAL RECORD — SENATE August 2, 2012 The bottom line is this: These are He is active in the community. When [Rollcall Vote No. 189 Ex.] not simple problems and they will re- I am in the community and have the YEAS—55 quire real leadership to tackle. We can- opportunity to be at events that are Akaka Gillibrand Nelson (FL) not play games with America’s best important for people, for families, for Baucus Hagan Pryor friend. Israel continues to be threat- Begich Harkin Reed communities, for children, for eco- Bennet Inouye ened by rockets launched by Hamas Reid nomic development, Judge Drain is al- Bingaman Johnson (SD) Rockefeller from the Gaza Strip. Iran appears in- ways there, supporting the efforts of Blumenthal Kerry Sanders tent on developing a nuclear weapon Detroit and of Michigan. Boxer Klobuchar Schumer Brown (MA) Kohl Sessions and is the foremost state sponsor of He is of course dedicated to his in- Brown (OH) Landrieu Shaheen terror. But instead of approaching credible family, who I know is very Cantwell Lautenberg Stabenow Cardin Leahy these issues with the careful consider- proud of him, as we are. But don’t take Tester ation they deserve, the Republicans my word for it. The American Bar As- Carper Levin Casey Lieberman Udall (CO) seem intent on twisting reality for po- sociation Standing Committee on the Coats Manchin Udall (NM) litical gain. Federal Judiciary unanimously rated Conrad McCaskill Warner We see it on the domestic front, too. Judge Drain ‘‘qualified’’ to serve on the Coons Menendez Webb The Republican leader said—he said it Durbin Merkley Whitehouse District Court. He was named a ‘‘Man Feinstein Mikulski Wyden here—his party’s top priority is to Of Excellence’’ by the Michigan Chron- Franken Murray make President Obama a one-term icle newspaper, and the Detroit News NAYS—41 President, and they are using any pre- named him ‘‘Michiganian of the tense they can to establish that. Their Alexander Enzi McCain Year’’—both very prestigious recogni- Ayotte Graham McConnell top priorities, then, clearly do not in- tions in Michigan. Barrasso Grassley Murkowski clude helping everyday Americans by This is a very important judgeship Blunt Hatch Nelson (NE) creating jobs, improving our schools, that has been vacant for more than 2 Boozman Heller Paul or strengthening our health care sys- Burr Hoeven Portman years. It is important for people in Chambliss Hutchison tem. If we take Mitt Romney at his Risch Michigan and throughout the eastern Coburn Inhofe Roberts Cochran Isakson word, they are certainly not aimed at district to be able to have the full Shelby Collins Johanns doing what is in Israel’s best interest. Snowe measure of justice they expect and de- Corker Johnson (WI) Thune And when they simply wish for our serve when coming before the court. It Cornyn Kyl President’s failure, they are hurting Crapo Lee Toomey is very important that we fill this va- Wicker America’s chance for success. cancy. DeMint Lugar When they fail to put forth any ideas I am appreciative and proud that the NOT VOTING—4 of their own, they show themselves to President of the United States has Kirk Rubio be unfit to govern, unable to lead. nominated him. I appreciate the sup- Moran Vitter Their mission, their primary mission is port of the Judiciary Committee in The nomination was confirmed. to bring down the record that Presi- bringing this nomination forward and The PRESIDING OFFICER. The Sen- dent Obama has established. We have the agreement to allow us to vote on ator from Michigan. recaptured a lot of jobs. Still, we have this nominee. Ms. STABENOW. Mr. President, I ask a long way to go to get our economy in Judge Drain has the qualifications, unanimous consent that the motion to better motion than it is, but everybody the experience, and the temperament reconsider be considered made and laid knows we are working on it. We have for this very important position. I upon the table, that the President be seen remarkable growth in jobs in the strongly urge my colleagues to support immediately notified of the Senate’s automobile industry, which looked as his nomination and to vote yes when it action, and the Senate resume legisla- though it might have ended up being comes before us in the next few min- tive session. unable to function in this country of utes. The PRESIDING OFFICER. Without ours. objection, it is so ordered. The whole world knows that Amer- I suggest the absence of a quorum. The PRESIDING OFFICER. The BURMESE FREEDOM AND DEMOCRACY ACT ica’s leadership depends on its domes- Mrs. FEINSTEIN. Mr. President, I tic strength and not on casual political clerk will call the roll. The assistant legislative clerk pro- rise today to express my support for S. rhetoric that challenges America’s loy- 3326, a trade package that includes leg- alty to its friends. ceeded to call the roll. Mr. LEVIN. Madam President, I ask islation sponsored by myself and Sen- I yield the floor and I suggest the ab- ator MCCONNELL to renew the import sence of a quorum. unanimous consent that the order for the quorum call be rescinded. ban on Burma for another year. The PRESIDING OFFICER. The I have been involved in the struggle The PRESIDING OFFICER. Without clerk will call the roll. for freedom and democracy in Burma objection, it is so ordered. The assistant legislative clerk pro- for 15 years. The question is, Will the Senate ad- ceeded to call the roll. In 1997, former Senator William vise and consent to the nomination of Ms. STABENOW. Madam President, I Cohen and I authored legislation re- ask unanimous consent the order for Gershwin A. Drain, of Michigan, to be quiring the President to ban new U.S. the quorum call be rescinded. United States District Judge for the investment in Burma if he determined The PRESIDING OFFICER. Without Eastern District of Michigan? that the Government of Burma had objection, it is so ordered. The Senator Mr. LEVIN. Madam President, I ask physically harmed, rearrested or exiled from Michigan. for the yeas and nays. Aung San Suu Kyi or committed large- Ms. STABENOW. Madam President, I The PRESIDING OFFICER. Is there a scale repression or violence against the rise today to strongly urge my col- sufficient second? democratic opposition. leagues to support the nomination of There appears to be a sufficient sec- President Clinton issued the ban in a an outstanding judge, Gershwin Drain, ond. 1997 Executive order. to the United States District Court for The clerk will call the roll. In 2003, after the regime attempted to the Eastern District of Michigan. We The bill clerk called the roll. assassinate Aung San Suu Kyi, Senator will have an opportunity to vote in a Mr. KYL. The following Senators are MCCONNELL and I introduced the Bur- few minutes. Senator LEVIN and I join necessarily absent: the Senator from mese Freedom and Democracy Act of together in the strongest possible rec- Illinois (Mr. KIRK), the Senator from 2003, which placed a complete ban on ommendation to our colleagues on this Kansas (Mr. MORAN), the Senator from imports from Burma. It allowed that nomination. I have known Judge Drain Florida (Mr. RUBIO), and the Senator ban to be renewed one year at a time. for many years. I can tell you he is a from Louisiana (Mr. VITTER). It was signed into law and has been very impressive individual with a long The PRESIDING OFFICER (Mr. renewed annually since then. record of excellent public service. He SANDERS). Are there any other Sen- It expired on July 26 which is why has served in the district court, the De- ators in the Chamber desiring to vote? this legislation is before us today. troit Recorder’s Court and the Wayne The result was announced—yeas 55, In past years, the debate on renewing County Circuit Court. nays 41, as follows: the import ban on Burma has focused

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5933 on more than two decades of violence, The military is guaranteed 25 percent minican Republic-Central American oppression, and human rights abuses of the seats without elections and re- Free Trade Agreement. by the ruling Burmese military. mains independent of any civilian over- When the DR–CAFTA was first nego- They annulled the last free par- sight. tiated nearly a decade ago, the inten- liamentary elections won by Aung San In addition, the commander in chief tion of all the parties was to preserve Suu Kyi and the National League for of the military has the authority to the benefits of tariff reductions on Democracy. dismiss the government and rule the yarn for the countries at the negoti- They kept Suu Kyi in prison or under country under martial law. ating table. house arrest, detained hundreds of po- It goes without saying that such pow- That is how the United States has litical prisoners, and ignored democ- ers are incompatible with a truly traditionally negotiated the textile racy, human rights, and the rule of democratic government. chapter of its free-trade agreements. law. Second, Burma must stop all violence But when the DR–CAFTA was agreed They drafted a new constitution that against ethnic minorities. I am par- to in 2005 an out-of-date definition for maintained the military’s grip on ticularly concerned about reports that sewing thread was used that inadvert- power and prevented Suu Kyi and her the Burmese military is continuing at- ently allowed non-CAFTA nations to party from participating in the polit- tacks in Kachin State, displacing thou- export a certain kind of yarn into the ical process. sands of civilians and killing others. CAFTA region duty free. But, I am pleased to report that this Third, the government must release Textile manufacturers in countries year is different. We have seen some re- all political prisoners. like China began exploiting this loop- markable changes in Burma over the I applaud the decision of the Govern- hole to substitute their yarn for U.S.- past year which appear to have put ment of Burma to release hundreds of produced yarn, and this action severely Burma on the path of reform and re- political prisoners, including a number damaged textile manufacturers in joining the international community. of high-profile democracy and human North Carolina and the rest of the Hundreds of political prisoners have rights activists. United States. been released. Yet, according to the State Depart- Let me give you one example. New legislation broadening the rights ment, hundreds more remain in deten- Unifi is a textile manufacturing com- of political and civic associations has tion. pany headquartered in Greensboro, NC, been enacted; and negotiations with Unfortunately, the Government of with plants throughout the State. Half ethnic minority groups have begun and Burma maintains there are no more po- of their employees tied to the thread some cease-fires have taken effect. litical prisoners. We must keep the business have lost their jobs since 2006 In addition, Suu Kyi and her Na- pressure on Burma until all democracy when CAFTA took effect and the yarn tional League for Democracy, NLD, and human rights activists are free and loophole was exposed. were allowed to compete in by-elec- able to resume their lives and careers. Unifi is not alone. tions for 45 open seats in the new par- I believe that renewing this ban will There are nearly 2,000 jobs in the liament in April 2012. help keep Burma on the path to full de- United States that are directly affected Suu Kyi and the NLD won 43 of the 44 mocratization and national reconcili- by the exploitation of this loophole. seats they contested. ation and support the work of Suu Kyi, Creating jobs in North Carolina is my For those of us who have been in- the democratic opposition, and the No. 1 priority. spired by her courage, her dedication reformists in the ruling government. Now I am proud of North Carolina’s to peace and her tireless efforts for It will give the administration addi- historic textile industry. It continues freedom and democracy, it was a thrill- tional leverage to convince Burma to to innovate its way through advanced ing and deeply moving event. Years of stay on the right path. manufacturing and investments in re- sacrifice and hard work had shown re- And the administration will still search and development. sults—the people of Burma had spoken have the authority to waive or suspend But times are tough enough as it is with a clear voice in support of free- the import ban—as it has suspended for the American textile industry. dom and democracy. sanctions on investment and financial We simply cannot afford to lose good- The United States has responded to services—if the Government of Burma paying manufacturing jobs in North this reform process in a number of took the appropriate actions. Carolina’s textile industry because for- ways. If we do not renew the import ban, eign countries are exploiting drafting Secretary Clinton traveled to Burma however, and Burma backslides on re- errors and Congress delays fixing them. last December and met with Suu Kyi form and democratization, we would We should be looking for ways to and President Thein Sein. have to pass a new law to reimpose the allow our textile companies to compete The United States and Burma re- ban. with their foreign counterparts on a sumed full diplomatic relations, with By passing this legislation, we ensure level playing field. This bill is a step in Ambassador Derek Mitchell becoming that the administration has the flexi- that direction. the first U.S. ambassador to Burma in bility it needs to respond to events in The corrections in this bill were 22 years. Burma as it as done so with financial brought to the attention of other Earlier this month, the administra- services and investment. CAFTA countries by the United States, tion announced that it was suspending Suu Kyi herself has argued that were agreed to in February 2011 and U.S. sanctions on providing financial ‘‘sanctions have been effective in per- have since been enacted by all the services to Burma and investing in suading the government to go for other CAFTA countries. Burma. change.’’ I am glad that we overcame this hur- I supported these actions. It is en- I think renewing the import ban will dle to ally ensure the integrity of the tirely appropriate to acknowledge the push it to go further. textile provisions of the Central Amer- steps Burma has already taken and en- I urge my colleagues to support this ican Free Trade Agreement. courage additional reforms. bill. This fix is long overdue. Some may ask then: why stop there? Mrs. HAGAN. Mr. President, I ask I want to express my deep apprecia- Given the reforms, why renew the im- unanimous consent that the quorum tion to Chairman BAUCUS for his lead- port ban? call be dispensed with. ership in moving this bill forward. The fact of the matter is, the reforms Mr. President, the bill we are consid- Mr. MCCONNELL. Mr. President, I are not irreversible and the Govern- ering this morning—the AGOA- rise today to applaud Senate passage of ment of Burma still needs to do more CAFTA-Burma sanctions package—has the Burmese Freedom and Democracy to respond to the legitimate concerns several parts, but I want to focus on Act. The measure extends for another of the people of Burma and the inter- the very real impact that one provision year the import ban with regard to national community. will have on jobs in my home State of Burma. First, it must address the dominant North Carolina. I would like to clarify two issues that role of the military in Burma under the This provision would make non-con- have prompted some confusion regard- new constitution. troversial technical fixes to the Do- ing this legislation.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5934 CONGRESSIONAL RECORD — SENATE August 2, 2012 First, the measure we are passing regime’s relationship with North Korea, sacre of his people. It was motivated on news import sanctions for 1 year and 1 especially when it comes to arms sales the premise that somehow U.N. observ- year only. I emphasize this point be- with Pyongyang, remains an issue of ers could come in and stand between cause it has been misreported that this grave concern. the two fighting forces but totally ig- bill renews sanctions for 3 years. That Even with these challenges, however, nore the fundamentals of this conflict. is not accurate; the bill renews them I am greatly encouraged by the The fundamentals of this conflict are only for 1. progress that has been made over the simple: It is the Syrian people attempt- Second, enactment of this bill does past year and a half in Burma. My col- ing to assert their God-given rights and not overturn the easing of investment leagues and I in the Senate will con- throw off the yoke of a brutal and un- and financial sanctions that the admin- tinue to monitor developments in the conscionable dictator, and on the other istration unveiled earlier this year. In country with great interest and with side of the equation Bashar Assad’s fact, this year’s bill, as in years past, hope for the future. commitment to doing whatever is necessary, including massacring now as provides authority for the administra- f tion to waive the import sanctions many as 20,000 of his own people in his should it determine that certain condi- AFRICAN GROWTH AND desperate quest to remain in power in tions have been met. Before deciding OPPORTUNITY AMENDMENT ACT Syria. Let’s not forget that one of the rea- whether to waive import sanctions, I The PRESIDING OFFICER. Under sons we have seen heavy Russian in- would strongly urge the administration the previous order, H.R. 5986 having volvement in the form of supplies of not only to consider the changes occur- been received from the House of Rep- ring within Burma but also to consult arms and equipment and continued resentatives, and its text being iden- Russian veto of resolutions in the U.N. closely with Nobel Peace Prize lau- tical to the text of S. 3326, the Senate reate Daw Aung San Suu Kyi and the Security Council that would have im- will proceed to the immediate consid- posed even the mildest sanctions on National League for Democracy. eration of the measure, which the clerk This year’s legislation comes at a Bashar Assad is what seems to be some will report. kind of nostalgia on President Putin’s time of historic changes on the ground The bill clerk read as follows: in Burma. Daw Aung San Suu Kyi, long part for the old Russian empire and the A bill (H.R. 5986) to amend the African a political prisoner in the country, is maintenance of their one base on the Growth and Opportunity Act to extend the Mediterranean port in Syria. now a member of Parliament. The Na- third-country fabric program and to add tional League for Democracy, once a The Russians’ behavior in this South Sudan to the list of countries eligible throughout, as they continue to block banned organization, now actively par- for designation under that Act, to make one resolution after another, of course, ticipates in the political life of Burma. technical corrections to the Harmonized Tar- For these reasons, the administra- iff Schedule of the United States relating to is revealing of the true nature of the tion has taken a number of actions to the textile and apparel rules of origin for the Putin regime, the autocracy and acknowledge the impressive reforms Dominican Republic-Central America-United kleptocracy that has now asserted its States Free Trade Agreement, to approve the that President Thein Sein and his gov- full power and weight in Russia. In ad- renewal of import restrictions contained in dition to that, of course, we have the ernment have instituted. The United the Burmese Freedom and Democracy Act of States has responded by sending an Chinese joining Russia in their sus- 2008, and for other purposes. taining of vetoes in the U.N. Security ambassador to Burma for the first time The PRESIDING OFFICER. Under Council. in two decades. The administration the previous order, the clerk will read It is hard to overstate the damage also largely waived the investment ban the bill for the third time. these actions by Russia and China have and financial restrictions, permitting The bill was read the third time. done to them, but it is also hard to U.S. businesses to begin investing The PRESIDING OFFICER. Under overstate the damage that has been again in Burma. the previous order, the bill (H.R. 5986) done to the Syrian people, with Rus- For my part, I want to see invest- is passed. sian equipment being supplied con- ment in the ‘‘new’’ Burma. I want to stantly, Iranian boots on the ground see Burmese reformers empowered ac- f helping to set up torture centers, and cordingly, and I want to see greater VETERANS JOBS CORPS ACT OF continued encouragement of Bashar economic development come to this 2012—MOTION TO PROCEED—Con- Assad to remain in power. underdeveloped country. And, frankly, tinued I am not here to again critique this during challenging economic times administration’s abysmal record, but here at home, I want American busi- Ms. STABENOW. Mr. President, I would suggest the absence of a quorum. isn’t it ludicrous—isn’t it ludicrous—to nesses to be able to compete in Burma base your entire policy toward Syria now that sanctions have been removed The PRESIDING OFFICER. The clerk will call the roll. on the belief that somehow the Rus- by other Western governments. sians would convince Bashar Assad That said, high standards for ac- The assistant bill clerk proceeded to call the roll. that he should leave Syria? Isn’t it countability in American business op- foolish to somehow base your policy erations in Burma are important going Mr. MCCAIN. Mr. President, I ask unanimous consent that the order for and nonintervention on the belief that forward. This seems particularly acute somehow the mission of a former Sec- with regard to transactions involving the quorum call be rescinded. The PRESIDING OFFICER (Mr. retary General of the United Nations Myanmar Oil and Gas Enterprise. I would succeed when it was clear the would urge U.S. businesses to show the WHITEHOUSE). Without objection, it is so ordered. Syrian people were not going to be sat- Burmese people and the world the posi- isfied with the continuous barbarous tive effects that American investment SYRIA regime of Bashar Assad, and certainly prompts. I am confident that, as they Mr. MCCAIN. Mr. President, at this Bashar Assad was not going to give up? do elsewhere around the world, U.S. en- late hour of our session, until Sep- It is clear through Iran’s actions that terprises in Burma will set the stand- tember, I think it is important we con- its rulers are playing for keeps in ard for ethical and transparent busi- tinue to pay attention to and be con- Syria, and they will stop at nothing to ness practices and lead the way for oth- cerned about the situation in Syria. prevent the fall of Bashar Assad. Why ers to follow. Today, Kofi Annan, the former Sec- are the Iranians so committed and in- I would be remiss if I did not note the retary General of the United Nations, volved? The words of General Mattis, significant challenges in Burma that announced the failure of his mission. If the Commander of U.S. Central Com- lie ahead. Ongoing violence in Kachin there is anything about the conflict in mand, described it before the Senate State and sectarian tensions in Arakan Syria that did not surprise most of us, Armed Services Committee when he State reflect the long-term challenge it is the fact that Kofi Annan’s mission said that the fall of Bashar Assad of national reconciliation. Hundreds of was a failure. It was doomed to failure would be ‘‘the greatest blow to Iran in political prisoners remain behind bars. from the beginning. It was based on the 25 years.’’ The constitution still has a number of premise that somehow Bashar Assad So the United States does have more undemocratic elements. And the re- would be motivated to stop the mas- than a humanitarian interest in what

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5935 happens in Syria. In fact, if Bashar can fall into the wrong hands, and they I suggest the absence of a quorum. Assad falls, Syria loses its position as are not located in one place. The PRESIDING OFFICER. The far as Lebanon is concerned, the Leba- So there is a great deal at stake. clerk will call the roll. nese people have an opportunity to lose There is one thing I hope we could all The assistant bill clerk proceeded to their client status of Syria, and agree on; that is, the longer it lasts, call the roll. Hezbollah absorbs a serious blow be- the greater the danger, the greater the Mr. BLUMENTHAL. Mr. President, I cause they lose their patron in Syria. chaos, the more killing, the more ask unanimous consent the order for So the fall of Bashar Assad is not rapes, the more murders. the quorum call be rescinded. only a victory for the force of democ- Today we have information that the The PRESIDING OFFICER. Without racy and freedom, but it would also President of the United States has objection, it is so ordered. mean a significant—a significant—ad- made a decision—and I am not sure of THE DREAM ACT vance in our interest in the region as the details because I only know the Mr. BLUMENTHAL. Mr. President, I our major concern today remains the media reports, but the best way to de- hope that many of my colleagues, in Iranian continued development of nu- scribe, as I understand it is—to facili- returning to their home States for the clear weapons. The path they are on tate the flow of weapons to the Syrian August recess, may have an oppor- sooner or later may provoke an attack resistance fighters. I don’t know how tunity to attend a citizenship cere- by either Israel and/or the United that is done. I don’t know how that is mony. I do so regularly when I go States of America. accomplished, but I do know this, that home. During the July 4th break, I had I say that with some authority be- they also need a sanctuary. They need the wonderful opportunity to attend cause the President of the United an area that is secure, the same way several. These ceremonies can occur in States, President Obama, has appro- the Libyans needed Benghazi, so they courthouses or in townhalls. They priately said it would be unacceptable can train, equip, and establish a gov- swear the oath and are newly made for Iran to acquire nuclear weapons. ernment. citizens. They are accompanied by fam- I have been, along with my friend JOE The resistance, as we all know, is ilies and friends. It is a uniquely joyous LIEBERMAN, to a refugee camp in Tur- fractured. The best way to join them and proud day in their lives. Many key on the Syrian border. There have together is to have a central council have waited years to become U.S. citi- now been thousands and thousands of they can answer to and that can make zens, and they do so not only willingly additional residents there who have sure the weapons go to the right place. but joyfully. There are tears in many had to flee the brutality of Bashar That is a vital component that should of their eyes, and there are tears in my Assad inside Syria. I met young men happen sooner rather than later. eyes as well because it recalls to me who were freshly wounded. I met defec- None of us seeks to put American the day many years ago, decades ago, tors from the Syrian Army who de- boots on the ground for a whole lot of when I first attended such a ceremony, scribed how they are instructed—they reasons. I know the American people which in turn recalls for me the stories are instructed and indoctrinated to are war-weary and focused on our own of my own relatives who came to this rape, to murder, and to torture. I met domestic challenges. Both of these sen- country from other shores. So did individuals who have watched their timents are genuine and legitimate. many of the parents or grandparents— children murdered before their very But what has unfolded in Syria over forebears of we who serve in this body. eyes, and I met a group of young the past 11⁄2 years not only offends the The meaning of citizenship of the women who had been gang raped. conscience of our country, it also poses United States and the value of those I wish every American could have real and growing risk to our national rights that come with citizenship are had the opportunity to see these people security interests and to those of some often forgotten or unappreciated by whose only reason—only reason—to of our closest allies. many of us who were born in this coun- rise up is because they want to achieve I don’t believe Bashar Assad can last, try. We sometimes, unfortunately, their God-given rights. even under current conditions. But I do take them for granted. But there is a What is going on now in Syria is very know for sure America’s national secu- tremendous value placed on those important, because the longer the con- rity interests in Syria will remain long rights and liberties by people who come flict drags out, the more jihadists and after Assad’s fall. In many ways, they to the United States. foreign fighters and extremists come could become more precarious because Today I wish to talk about people into the fight. of our inaction, because of the failure who come to the United States or more Every day that goes by that Bashar of the President of the United States to precisely are brought to the United al-Assad is in power is another day speak up for these people. Why doesn’t States as young people, as infants or which will make it more difficult once the President of the United States children, many under 4 or 5 years old, he leaves—and he will leave, but the speak up for them? I have never under- and this country becomes the only one question is when—but how difficult it stood that. they have known. The history of this will be for Syria to knit their country Because of our inaction, the people country is their history. They may not back together and become a func- who will inherit the country in Syria even know the language of the country tioning democracy. will remember that in their hour of from which they came. The language of There is also a very serious issue of greatest need, when the bravest among this country is the only one they know, chemical weapons. It is well known, them were fighting and dying for their and they have no memories or scant and for the first time recently, the Syr- freedom in a grossly unfair fight, recollections of the countries where ian government acknowledged that America stood idly by and refused to they were born. These young people are they have stores of chemical weapons. help. here, and they were brought here per- These chemical weapons pose a great As the sister of a fallen opposition haps by parents who came illegally, threat in a very unstable region. There fighter in Syria recently remarked, but they are here through no fault of are various scenarios that we should be ‘‘When we control Syria, we won’t for- their own. deeply concerned about. One of them is get that you forgot about us.’’ Millions Many of them have achieved remark- that if chemical weapons fall into the of her fellow Syrians share that senti- ably and have contributed extraor- hands or shift to Hezbollah, what kind ment. dinarily. Their promise of future of a threat does that pose to Israel? I If we continue on this path of inac- achievement is staggering, extraor- remind my colleagues that Hezbollah tion, mass atrocities will continue to dinarily impressive in its potential has committed to the extinction of the unfold in Aleppo and other places in contribution to the lives of their com- State of Israel, as has Iran. Syria. We have the power to prevent munities—to teaching, to giving back So what happens with these chemical this needless death and advance our to their communities—their contribu- weapons is a very important issue. The strategic interests in the Middle East tions in terms of scientific or literary more chaos and the more disorder and at the same time. If we don’t, if we accomplishments. the more frustration and anger that is continue this shameful behavior, our One such young person is Muller displayed on both sides, the more like- failure of leadership will haunt us for a Gomes. I am going to tell his story ly it is that these chemical weapons long period to come. today much as Senator DURBIN has told

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5936 CONGRESSIONAL RECORD — SENATE August 2, 2012 other stories on the floor of this Cham- DREAM Act and 2 million young peo- forming up to the expectations of the ber in his steadfast and energetic advo- ple nationwide. Under the DREAM Act, American people. cacy of a measure called the DREAM they would comply with rigorous So I am very disappointed that we Act. I want to follow him in engaging standards and requirements—lack of were not able to complete this legisla- this Chamber in this effort. I thank criminal record, criminal history, and tion in a timely fashion this week and distinguished colleagues, such as Sen- they would in effect be provided this give the necessary tools to our na- ator DURBIN, who have been tireless ad- pathway to citizenship because of their tional leadership to protect the coun- vocates for the passage of the DREAM promise and their potential for contrib- try against potential cyber threats. Act. uting to this country—in Muller FEDERAL HOUSING FINANCE AGENCY The DREAM Act, called by its full Gomes’ case, the potential for contrib- Having said that, I also want to rise name, ‘‘Development, Relief, and Edu- uting to this country as a scientist who today to express my profound dis- cation for Alien Minors,’’ should be a would make new discoveries, perhaps appointment in the Federal Housing top priority for this Congress. States breakthrough discoveries that would Finance Agency’s decision to prohibit such as Connecticut have passed their benefit the entire country. We laud the use of principal reduction by versions of it, but a national and uni- young people like him who are moti- Fannie Mae and Freddie Mac as one form effort is essential. Much as we vated and smart and dedicated to this more tool to avoid foreclosure under hope and I support that we will have country. the HAMP Principal Reduction Alter- comprehensive immigration law re- I am committed to comprehensive native (PRA). form, I also believe the DREAM Act is immigration reform achieved through As conservator, the acting FHFA Di- an idea whose time has more than bipartisan congressional action. That rector, Mr. DeMarco, has a duty to not come. We should be adopting it as soon ought to be one of our immediate goals only carry on the business of both as possible in this Chamber to provide so that young people like Muller Fannie Mae and Freddie Mac but also the kind of certainty and promise that Gomes, brought to this country as chil- to preserve and conserve the assets of is so important to young people like dren through no fault of their own, will both, which FHFA has stated repeat- Muller Gomes. have the opportunity to contribute to edly requires them to minimize losses. Muller Gomes was brought to this this Nation and be part of their com- At the same time he has other statu- country from Brazil when he was 5 munities, as the DREAM Act would tory responsibilities. Under section 110 years old. He came with a tourist visa provide and as comprehensive immi- of the Emergency Economic Stabiliza- in 1995. The tourist visa expired a year gration reform would also achieve. But tion Act, there is a requirement that later, in 1996, so he has been here within the meantime, let’s pass the DREAM FHFA ‘‘implement a plan that seeks to out proper documentation since then. Act so these dreamers, such as Muller maximize assistance for homeowners He has been through the Bridgeport Gomes, will have the basic guarantees and use its authority to encourage the public schools, Central High School in and certainty that they can remain in servicers of the underlying mortgages, Bridgeport, and then he went to Fair- this country and that the promise of and considering net present value to field University. the greatest Nation in the history of the taxpayer, to take advantage of . . . This is this young man at his gradua- the world will be truly theirs and irrev- available programs to minimize fore- tion from Fairfield University—his ocable. This country will be theirs re- closures.’’ graduation summa cum laude. He was a gardless of religion, race, gender, or So there is a clear statutory direc- member of Phi Beta Kappa, Pi Mu Ep- any of the arbitrary labels we say con- tion to do all that he can to minimize silon and Sigma Xi. He won the Amer- sistently and constantly should have foreclosures while he is also balancing ican Chemical Society Outstanding no place in our judgments about the portfolio and minimizing losses to Senior Chemistry Major Award, and he human beings. has been accepted at the University of Our Nation will be better because Fannie and Freddie. California at Berkeley’s physical chem- Muller Gomes will be with us and our To boil all of this down, FHFA has to istry Ph.D. program. Nation would be better still if the mil- minimize Freddie Mac and Fannie Mae All that he lacked was a student visa lions like him have the security and losses, and pursuant to the Emergency to pursue his studies at UC Berkeley. certainty of a path toward citizen- Economic Stabilization Act, which He lacks a student visa, and if he re- ship—a path that will benefit them and passed this Chamber on a strong bipar- turns to Brazil to seek one, he will be benefit the greatest Nation in the his- tisan vote of 74 to 25, this requirement denied it because he has been undocu- tory of the world. to protect homes from foreclosure or mented in this country. I yield the floor and note the absence the people from the threat of fore- If there were ever a catch-22, Muller of a quorum. closure is a strong bipartisan objective. Gomes is its poster child under our cur- The PRESIDING OFFICER. The FHFA was directed by Congress to rent immigration law. Under current clerk will call the roll. throw its weight in favor of avoiding law, that student visa will be denied The assistant legislative clerk pro- foreclosures, especially in those in- him. Fortunately, on June 15, 2012, the ceeded to call the roll. stances in which a policy decision may Obama administration made a very The PRESIDING OFFICER (Mrs. be a close call. I believe that is the strong statement of support for young SHAHEEN). The Senator from Rhode Is- plain meaning of ‘‘maximize assist- men and women like Muller Gomes. land. ance’’ to ‘‘minimize foreclosures.’’ They issued a regulation or a directive Mr. REED. Madam President, I ask Maximize assistance—not provide as- that will permit him to remain in this unanimous consent that the quorum sistance but to maximize assistance to country. That directive is lacking in a call be rescinded. avoid foreclosure. I would further note number of respects compared to the The PRESIDING OFFICER. Without that section 110 of the Emergency Eco- DREAM Act. It will be temporary— objection, it is so ordered. nomic Stabilization Act explicitly per- only for a couple of years. It is not a CYBER SECURITY mits ‘‘reduction of loan principal.’’ path to citizenship, as the DREAM Act Mr. REED. Madam President, first, So we consciously gave the Acting would provide. It does not make him let me express my disappointment that FHFA Director the specific tool of eligible for the kind of financial aid he my colleagues on the other side of the principal reduction and the specific di- would need. Most importantly, it re- aisle blocked consideration of vitally rective to maximize assistance to mini- quires him to go through the stress and important cyber security legislation. mize foreclosure. We did that in the uncertainty of applying again for de- The Secretary of Defense, when asked context of the overall mission to try to ferred action. It is only a deferral of de- about a potential threat to the United minimize losses of the Fannie and portation. States, declares emphatically that his Freddie portfolio. But to turn essen- So the DREAM Act remains a vitally biggest concern is that the next Pearl tially a blind eye to the thousands of important measure for literally thou- Harbor will be a cyber attack upon the Americans who are facing foreclosure sands of young people—between 11,000 United States and if we cannot at least is to ignore a vital responsibility and a and 20,000 young people living in Con- fully debate, amend the bill, and pass vital authority which he has been necticut who would benefit from the the bill, then I think we are not per- given.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5937 After reading FHFA’s July 31, 2012, tionalization for failure to pursue a Yet, we have FHFA essentially say- letter to Members of Congress, my im- policy which for other reasons they ing, well, we can’t do PRA. I think this pression is that FHFA has done exactly don’t want to do. is one of those examples where they the opposite of what we have asked Having made these points, let me just don’t get it, frankly. them to do. Indeed, the letter con- give FHFA the benefit of the doubt If principal reduction provides great- tradicts itself in arriving at its conclu- here and assume for the sake of argu- er value than foreclosure to a private sion. FHFA states in one part of the ment that FHFA wants greater cer- investor, such as these banks I cited, letter that it will not allow principal tainty and assurances. I think they and on top of that keeps a family in reductions under the PRA program. said as much when they wrote: their home, aren’t these the types of But in another part of the letter, FHFA FHFA weighed these potential benefits and decisions we should make and we goes on to write, costs, recognizing the inherent uncertainties should support? associated with these estimates, and con- The real moral hazard, if there is Short sales and deeds-in-lieu, which the cluded that the potential benefit was too Enterprises offer, result in principal forgive- small and uncertain relative to known and one, is that FHFA is inexplicably ness as part of exiting the house. unknown costs and risks to warrant the dedi- choosing not to use every available In other words, it seems, in their cation of additional taxpayer resources to tool, especially one the private sector view, principal reduction is acceptable Fannie Mae and Freddie Mac to implement is already using extensively to help in some cases, especially if the owners HAMP PRA. homeowners and investors time and leave their home. I have heard a couple of my Repub- time again. Now, I think there are thousands of lican colleagues talk about how what There are people in this Chamber on Americans who are facing huge chal- FHFA should be doing is what the pri- both sides of the aisle who say we have lenges to stay in their homes. It is vate sector is doing, looking to the to run this government more like a ironic that FHFA will reduce the prin- business men and women, who protect business. Well, guess what. The busi- cipal, only after the person actually their shareholders. In fact, I think that nesses are using principal reduction, loses their home. But if it, through is a good place to look for some direc- and FHFA is saying they can’t do PRA. PRA, allows a person to keep their tion. But what is the private sector This is shortsighted and it is wrong. I doing when it comes to principal reduc- home, and avoid foreclosure, then urge the FHFA to reconsider and, in tion? FHFA will not do it. the meanwhile, I am going to continue For one, Laurie Goodman, Senior my efforts to do what I can do to help In the same letter FHFA also states Managing Director at the Amherst Se- that: these homeowners who are facing fore- curities Group, a broker/dealer special- closure. Forgiving debt owed pursuant to a lawful, izing in the trading of residential and valid contract risks creating a longer-term It is very difficult—and I know it is commercial mortgage-backed securi- for my colleague from New Hampshire view by investors that the mortgage con- ties that performs extensive, data-in- tract is less secure than ever before. Longer- and my colleague from Utah—to go term, this view could lead to higher mort- tensive studies to keep its clients in- back home and see a homeowner who is gage rates, a constriction in mortgage credit formed of critical trends in the residen- struggling with a mortgage that might lending or both, outcomes that would be in- tial mortgage-backed securities mar- be 5 percent or 6 percent, knowing that consistent with FHFA’s mandate to promote ket, has testified before the Senate banks can borrow at less than 1 per- stability and liquidity in mortgage markets Banking Committee that principal recent, and this homeowner has dif- and access to mortgage credit. ductions are, in her words, ‘‘the most ficulty getting access to a better mort- effective type of modification.’’ So forgiving debt is inconsistent with gage rate because he or she is under- FHFA’s mandate, but FHFA admits to Next, John DiIorio of 1st Alliance Lending, whose clients consist of major water. allowing principal forgiveness in cer- I hope we adopt some of the smarter banks, investment banks, and sophisti- tain cases? Again, let me repeat their business practices around here and cated financial counterparties, has own words. that FHFA leads the way, and I am stated that his clients are in favor of Short sales and deeds-in-lieu, which the going to do all I can to ensure that out- Enterprises offer, result in principal forgive- principal reduction ‘‘not out of a sense of charity, but because they believe it come becomes a reality. ness as part of exiting the house. With that, I yield the floor, and I is in their best financial interest to do But FHFA also states: thank my colleague from Utah for his so.’’ In other words, there is a very Forgiving debt owed pursuant to a lawful, consideration in letting me speak. strong business case for principal re- valid contract risks creating a longer-term The PRESIDING OFFICER (Mr. duction—a business argument, appar- view by investors that the mortgage con- BLUMENTHAL). The Senator from Utah. ently, that FHFA has ignored or to- tract is less secure than ever before. Mr. HATCH. I thank my colleague. tally rejected. Well, how does this make any real Finally, when we look at the newest He is always gracious and a very fine common sense? We will forgive prin- data from the Office of the Comptroller man, and I enjoy serving with him very cipal if homeowners are going to get of the Currency, we see that banks much. kicked out of their house, which pre- have granted principal reductions on CYBER SECURITY sumably upsets the long-term perspec- 28.9 percent of the loans they hold, Mr. President, I was very dis- tive of investors and bonds that sup- which is up from 11.5 percent a year appointed that we were not able to pro- port those mortgages. But if home- earlier. By the way, they also have ceed with the cyber security bill today. owners are staying in their house, we lower default rates than Fannie Mae This side had the votes against cloture. will not reduce principal through PRA. and Freddie Mac. The reason is because the Senate is not Turning to the point of moral hazard, So when we look at the private sec- being run as an open Senate anymore. which is implicit in all that has been tor, what they are doing appears to be This is such an important bill. It is discussed by FHFA, and given that different; indeed, perhaps the opposite, not some itty-bitty bill that we can FHFA has blessed principal forgiveness of what FHFA is doing. They are going call up and foreclose any amendments. in these two instances of short sales through their portfolios and, in appro- In fact, most bills are not that are and deeds-in-lieu, and additionally per- priate ways, reducing principal not be- brought to the floor. I think if it were mits principal reduction as part of the cause they want to provide charity, but the other way around and the Repub- Hardest Hit Fund, which also utilizes because it is the best way to preserve licans were in the majority and they Treasury incentives, I can only assume their portfolio and generate value for started doing what we have been going that FHFA must have found a way to their shareholders. That is what their through lately—I don’t blame Senator control and avoid moral hazard when business is doing. In fact, they have a REID for this; I know it comes from his they want to and use moral hazard as fiduciary duty to do that. caucus. If we were pulling the same an excuse when they don’t want to do So it would appear the private sector type of thing, I have to say the Demo- something. seems not only completely comfortable crats would be in orbit. Either it is an issue that must be with principal reduction, but they, in Usually in the Senate we never build consistently addressed, which they fact, are doing it because it is good for a procedural pyramid until after there don’t do, or it is an after-the-fact ra- their bottom line. has been a reasonable time for debate

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5938 CONGRESSIONAL RECORD — SENATE August 2, 2012 and open amendments. That is the way increases, and especially those 940,000 neth Rogoff and Carmen Reinhart con- it is usually done. In recent months— small businesses that would be hit the sider the danger zone of 70 percent. The frankly, over the last few years—they hardest. Of course, those massive tax President claimed a few weeks ago that call up a bill, file cloture as though we increases would be required to finance his biggest failing over the last 3 years are filibustering when we are not, and on a permanent basis the President’s was that he cared too darn much about then tie up the parliamentary tree so commitment to larger government. policy. If only that were true. But the we can’t have amendments, in the The bottom line is that the President fact is he ignores the policy experts greatest deliberative body in the world, is unable to come clean. He cannot tell and their warnings when it comes to supposedly. That has been very irri- the American people what the true tax the debt. tating to people on our side. bill would be for his expansion of gov- Consider what CBO Director Elmen- I would caution my friends on the ernment. He suggests that our books dorf wrote to House Budget Committee other side: This is getting to the point can be balanced by taxing the rich. We Chairman PAUL RYAN regarding the where it is becoming a matter of grave all know that is poppycock. Hence his debt earlier this year. I have to say, concern to everybody and irritation to commitment to the Buffett tax and Mr. Elmendorf is a Democrat, but I everybody as well. I think we ought to other redistributionist schemes that found him to be extremely trustworthy get back to being the Senate that we have been pursued by the Senate’s and honest. Here is what he wrote: all know works better if we respect Democratic leadership over the past 2 Budgetary policies affect the economy in a both sides and their ability to come up years as though they are serious. Give variety of ways . . . All else being equal, sce- and say what they need to and bring me a break. No serious person believes narios with higher debt tend to imply lower the amendments up that they feel are output and income in the long run than do the Obama administration’s govern- scenarios with lower debt, because increased good amendments. ment can be financed simply by going government borrowing generally crowds out But be that as it may, that is the after the so-called wealthy. The only private investment in productive capital, way it is right now. We have to do the way to do it is by going after all Amer- leading to a smaller stock of capital than cyber security bill. Everybody knows icans and raising taxes on all citizens. would otherwise be the case. that. The fact that cloture was not in- That is the silent plan the President Director Elmendorf continues: voked does not mean we shouldn’t re- will not discuss on the campaign trail. Moreover, that same crowding out leads to turn to that bill and put the time into That is the Democrats’ phantom budg- increases in interest rates, raising the gov- it and make sure we resolve the con- et. And that is what I want to discuss ernment’s interest payments and therefore flicts that have arisen, some of which today. further boosting government deficits and are very important suggestions, and When it comes to addressing our defi- debt. A perpetually rising path of debt relative to GDP is unsustainable. allow the type of proceeding that the cits and debt, only one party in Wash- Senate has always been known for. ington has been willing to put its cards That is what our CBO Director, a VALUE-ADDED TAX on the table. Only one party has been Democrat, says. Again, I will vouch for I wish to change the subject. Re- willing to acknowledge the difficult the fact that he is a very good econo- cently, there has been some com- choices that have to be made. The mist who, as far as I have seen over all mentary about the lack of substance in other side has refused to provide any of these years I have worked with him our political debates. This concern, concrete solutions of their own, while in Washington and watched him help that Washington has failed to confront demonizing anyone who has had the te- our committees, is totally honest. No one can legitimately dispute that our deepest political challenges, which merity to propose anything resembling our entitlement programs—Medicare, are, in large part, fiscal challenges, is a workable solution. Medicaid, and Social Security, in par- not without some merit. But I would A case in point. It has been more ticular—are the major forces driving add one caveat to this analysis. It is than 3 years—3 years—since the Sen- our future national debt. No one can not for lack of trying on the part of Re- ate, which has been under Democratic publicans to have a grownup debate dispute that. control the entire time—passed a budg- This chart I have in the Chamber, about our Nation’s fiscal and economic et resolution. Those budget resolutions produced by the Bipartisan Policy Cen- future. Republicans are putting for- are mandatory. Yet they blindly ignore ter, shows the cannibalization of the ward real ideas about tax and entitle- it. Three years—three years—without a budget and ultimately the American ment reform with real numbers at- budget. Four years ago, if someone economy if we go with the status quo tached. However, I would submit that wrote a novel or a screenplay about a on health care entitlements. only one side has put a team on the Senate majority that refused to pass a Look at this blue line on the chart: field for this debate. When it comes to budget for 3 years, people in both par- health care spending. Under the ques- putting forward solutions to our nearly ties would have laughed and called it tioning by Members of Congress, lead- $16 trillion of debt and our archaic Tax absurd. Yet here we are 3 years later. ing Obama administration economic Code, the President and his Democratic In fact, the only budget proposals policy officials, such as Treasury Sec- allies have largely stayed on the side- from the Democrats have come from retary Geithner, basically demur on line. Instead of offering up bold pro- the White House and they have been dealing with the runaway entitlement posals to bring down the debt that has anything but serious. According to the spending. You can see, it is running ballooned, given the President’s com- CBO, the President’s most recent budg- away. mitment to ever larger and more active et would keep the United States on the In February, Secretary Geithner government, they have determined to same unsustainable path, with an ever- identified to House Republicans that give the American people talking widening gap between revenues and the administration was putting forth points that attack the wealthy and spending, varying from 8.7 percent to no plan to reform entitlements, but, as successful small businesses in the name 2.5 percent of GDP, and averaging 3.2 he said: ‘‘we know we don’t like of equality. percent of GDP. yours.’’ Given the fiscal cliff threatening We should keep this in mind when we The only official proposals we receive America’s families and businesses, this hear the President and his allies sug- from the President and his administra- decision to put politics above solutions gest we can get our debt under control tion would simply maintain the status is madness. But there is a method to it. simply by raising taxes on the wealthy. quo—a status quo that is so unaccept- The fact is the President and his lib- The President raises plenty of taxes on able that not one Member of the House eral allies are not able to put forward upper income individuals and small or the Senate supported the President’s serious solutions because they are be- businesses in his budget. Yet under the budget, not one in either body. tween a rock and a hard place. The President’s budget, debt held by the So what proposals do Senate Demo- rock is their base—a liberal minority public would still reach 76.3 percent of crats support? that refuses any meaningful reforms of GDP by the end of the budget window. Keep in mind, this blue line on the the spending programs that are bank- Even the President’s budget, which chart is the health care spending line. rupting our country. The hard place is raises taxes significantly, comes in The red line shows Social Security, the vast majority of the American peo- with a debt limit that is well above which is relatively flat. It goes up a lit- ple who flatly object to the massive tax what leading economists such as Ken- tle bit. That is the Social Security

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5939 line. The green line happens to be dis- If your proposals are never written to come alongside a change in the tax sys- cretionary spending, which has gradu- down, no one can check your math. We tem. And the change in the tax system that ally come down—or will come down do not know the actual fiscal position most economists prefer and that most other from 2012 to 2052, according to what we of my friends on the other side of the countries use is a value-added tax. are trying to do. Other mandatory pro- aisle, but we can fill in some blanks. I agree with Mr. Klein that our cur- grams are pretty much even. But We know by their vicious attacks on rent tax system is a mess. But while he health care spending is running out of the spending restraints in the Ryan and other liberals see that as an oppor- control. That is Medicaid and Medicare budget and other Republican proposals tunity to seek larger pots of tax rev- and all the other health care spend- that the President and his allies in enue elsewhere, my fellow Republicans ing—but especially Medicaid and Medi- Congress have no interest—zero; no in- and I see it as a call to reform the Tax care. terest—in reducing spending. Code. What proposals do the Senate Demo- We know their income tax proposals And we disagree on the fundamental crats support? do not add up to much in terms of rev- assumption behind Mr. Klein’s argu- On that, they prefer to keep the enue. Even if they let the entirety of ments. Like most of my friends on the American people guessing. Perhaps the the current tax relief expire—which is other side, Mr. Klein takes at face President will keep the American peo- a distinct possibility given the game of value the benefits of future spending. ple in the dark until he possibly gets chicken they are currently playing Notice how he uses the phrase ‘‘taxes ‘‘more flexibility.’’ with the fiscal cliff—there probably is will have to come further into line Democrats have not been willing to not enough money to be found in the with spending.’’ put their vision down on paper. By income tax to pay for the coming ex- His focus is almost entirely on the comparison, there is the budget put plosion in entitlement spending. You revenue side, with only a passing ref- forward by PAUL RYAN. Unlike the can see it right there on this chart in erence to the possibility of reducing Democrats who are hiding the ball health care alone. spending. from the American people, Republicans So where does the Democrats’ phan- A VAT would increase Federal reve- have not been afraid to talk about the tom budget find the fiscal juice to fill nues, but it would also effectively be a Ryan budget. its structural hole? The answer is sim- tax hike on every American, including This is a comparison of budgets on ple: a European-style value-added tax, those who currently pay no income this chart. The Ryan budget constrains the VAT, or its green cousin, a carbon tax. If a VAT were imposed on top of Federal spending and keeps it close to tax. our existing income tax system, it its historic average at 21 percent of I am quite certain my colleagues on would likely cripple our economy by GDP. Here is the House Ryan budget, the other side of the aisle will write imposing new costs on virtually every as shown on this chart in the red. By this off as fear-mongering and fabrica- purchase of goods and services in the exercising that spending discipline, the tion. But what other conclusions are United States. It would hamper manu- budget pulls the deficit down to 1.7 per- left to draw? facturing and kill entire retail sectors. cent of GDP. Without significant reductions in Worst of all, it would be the most re- By comparison, President Obama’s spending or reforms in our entitlement gressive tax ever imposed on the Amer- budget deficits are at 3.2 percent of system—neither of which we can ex- ican people, disproportionately impact- GDP, on average—nearly double those pect from this President or the Demo- ing families with lower incomes who of the Ryan budget. crats currently in Congress—there is spend a higher percentage of their When you boil it down, there is $3.5 not enough money to be found in tradi- wages on necessities. trillion more in deficit reduction in the tional revenue streams to cover the Simply put, a VAT would be bad pol- Ryan budget than in the President’s President’s spending bill. A VAT, a icy in a strong economy. But in the budget, which is represented by the value-added tax—or some other euphe- midst of a slow economic recovery, it blue line on the chart. There is a $3.5 mized form of a VAT—appears to be would be tantamount to economic sui- trillion difference between these two. the only option left to our friends on cide. It would be jet fuel for larger and That is how much the Federal Govern- the other side of the aisle if they want larger government. ment currently spends in 1 year. to continue spending at current projec- Numerous studies, including a 2010 Because of the President’s failure to tions. study by former CBO Director Douglas tackle runaway entitlement spending, Many prominent Democrats have ex- Holtz-Eakin, have demonstrated that that yawning fiscal gap between the pressed some level of support for the in virtually every instance, the imple- two plans only gets much bigger in the value-added tax in the past. In 2009, mentation of a VAT in other industri- outyears. during an appearance on the Charlie alized countries inexorably led to in- As you can see right here on this Rose show, then-House Speaker NANCY creased spending and an expansion of chart, look at how health care spend- PELOSI said that a VAT was ‘‘on the government. ing is going up in these outyears, from table.’’ Make no mistake, the current admin- 2012 all the way to 2052. As you can see, A year later, President Obama, in a istration and my Democrat friends it is constantly going up from 2012. CNBC interview, expressed a willing- know only one way of engaging in fis- Whether we are debating the budget ness to consider a VAT to address the cal reform—broaden the base. And or the debt ceiling or Taxmageddon, deficit. every middle-income family in Amer- one thing is clear: The President and Countless high-profile Democratic ica should know that they will get hit the Democrats in Congress do not like strategists and advisors—people such with higher taxes to pay for the Demo- to talk in specific numbers. Instead, as John Podesta and Paul Volcker— cratic goal of ever-expanding govern- they want the American people to have unapologetically suggested implement control over our economy, over measure specific Republican alter- menting a VAT in the United States. our lives, and over your paychecks. natives like the Ryan plan against a Ezra Klein, a writer with real cache The contention that implementing a series of campaign speeches and attack among liberal Democrats, expressed VAT would make our government more ads. similar views in the Washington Post fiscally responsible is a dog that just The current fiscal debate is between in 2009. Here is a revealing quote from won’t hunt. The purpose of a VAT the Ryan budget and a phantom Demo- Mr. Klein’s article: would not be to shore up deficits and cratic budget. Apparently, the Chicago First, a simple fact: Tax rates will rise pay down debts, but to expand the gov- campaign sharpies have determined it over the next decade. Even with painful ernment into new areas backed by an is safer to wait until after the election spending cuts, tax rates will rise. At some all-new source of funding. to finally unveil the details of the point, taxes have to come further into line Once again, I am quite certain that phantom budget, which just in health with spending, and that means the direction virtually all of my Democratic col- they will travel is up. But—and this isn’t a care spending is going to go forever up fact—they won’t rise within the current sys- leagues would publicly deny that their and eat our country alive. And their tem. People don’t trust the current tax sys- phantom budget includes a VAT. For advice has been heeded by the Demo- tem. It feels opaque and unfair, largely benow, they want us to ignore the VAT crats. cause it is. An increase in revenues will have behind the curtain and instead listen

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5940 CONGRESSIONAL RECORD — SENATE August 2, 2012 as the Great and Powerful Oz proclaims The fact is, I fail to understand why cess or adjourn, or until the time of any re- that every government program can be my friends on the other side are look- assembly pursuant to section 2 of this con- funded and every budget balanced sim- ing for ways to spread the base to an current resolution, whichever occurs first; ply by eliminating the so-called tax unsuspecting 51 percent who currently and that when the House adjourns on any legislative day from Thursday, August 2, cuts for the rich. do not pay any real income taxes. I 2012, through Monday, August 6, 2012, on a But the American people are not so think there has to be a better way of motion offered pursuant to this concurrent easily duped. And they are showing up spreading the base than doing it resolution by its Majority Leader or his des- at Emerald City looking for real lead- through a VAT, which in Europe has ignee, it stand adjourned until 2:00 p.m. on ership and real answers, not just talk- proven to be a ready way for politi- Monday, September 10, 2012, or until the ing points. cians to increase spending over and time of any reassembly pursuant to section 2 That is the real choice facing the over without really any inhibition or of this concurrent resolution, whichever oc- American people today. They can any real inhibition. curs first. choose the fiscal leadership of those SEC. 2. The Majority Leader of the Senate So if what I am talking about today and the Speaker of the House, or their re- such as Chairman RYAN who have put is prophetic, it means without question spective designees, acting jointly after con- forth actual, real-world proposals to that our friends on the other side want sultation with the Minority Leader of the bring about reasonable restraints on to keep spending. They want the Fed- Senate and the Minority Leader of the entitlement spending and maintain eral Government to keep growing, all House, shall notify the Members of the Sen- taxation at its historic levels, or they at a cost to individuals, and they want ate and House, respectively, to reassemble at can choose the President’s imperson- to do it because that is what has kept such place and time as they may designate ation of fiscal leadership, which is them in power all of these years, tak- if, in their opinion, the public interest shall warrant it. built on a phantom budget and large- ing all of your money out there and scale attacks on anyone, such as Chair- claiming that they are compassionate f man RYAN, who offers a real, verifiable with your money when they are unwill- STOCK ACT AMENDMENTS alternative. ing to be compassionate enough to Mr. CARDIN. Mr. President, I ask But let’s be clear. The phantom budg- keep living within our means. unanimous consent that the Senate et simply cannot translate into reality I yield the floor. proceed to the immediate consider- without collecting taxes that go far be- The PRESIDING OFFICER. The Sen- ation of S. 3510, introduced earlier yond those the President and congres- ator from Maryland. today sional Democrats publicly support. f The PRESIDING OFFICER. The Given the limitations on existing rev- PROVIDING FOR A CONDITIONAL clerk will report the bill by title. enue streams, a value-added tax, even The legislative clerk read as follows: with all of its many drawbacks, is one ADJOURNMENT OR RECESS OF THE SENATE AND AN ADJOURN- A bill (S. 3510) to prevent harm to the na- of very few logical alternatives left to tional security or endangering the military the other side. If they do not plan on MENT OF THE HOUSE OF REP- RESENTATIVES officers and civilian employees to whom instituting a VAT, they need to come internet publication of certain information clean with the American people and let Mr. CARDIN. Mr. President, I ask applies, and for other purposes. everyone know how they plan to pay unanimous consent that the Senate There being no objection, the Senate for their outsized spending. proceed to the immediate consider- proceeded to consider the bill. Regardless of who wins this election, ation of S. Con. Res. 56, submitted ear- Mr. CARDIN. Mr. President, I ask Congress will have to do more than lier today. unanimous consent that the bill be just click its heels and wish for enough The PRESIDING OFFICER. The read a third time and passed, the mo- money to pay all our bills. Therefore, I clerk will report the concurrent resolution to reconsider be laid upon the think it is fair to assume that, in lieu tion by title. table, and that any statements relating of a line item for ruby slippers, the The assistant legislative clerk read to the bill be printed in the RECORD. Democrats’ phantom budget includes as follows: The PRESIDING OFFICER. Without levels and forms of taxation heretofore A concurrent resolution (S. Con. Res. 56) objection, it is so ordered. unseen in the United States. You can providing for a conditional adjournment or The bill (S. 3510) was ordered to a be sure that if it is not a VAT, it will recess of the Senate and an adjournment of third reading, read the third time, and be something equally damaging to our the House of Representatives. passed, as follows: economy. There being no objection, the Senate S. 3510 Let me end with one other thought; proceeded to consider the concurrent Be it enacted by the Senate and House of Rep- that is, that we all know, according to resolution. resentatives of the United States of America in the Joint Committee on Taxation, of Mr. CARDIN. Mr. President, I ask Congress assembled, which I am a member—but it is a non- unanimous consent that the concur- SECTION 1. EFFECTIVE DATE DELAY. partisan committee run by very good rent resolution be agreed to, the mo- The STOCK Act (Public Law 112-105) is economists—the bottom 51 percent of tion to reconsider be laid upon the amended— all households—not just people; all table, with no intervening action or de- (1) in section 8(a)(1), by striking ‘‘August households—do not pay a dime of in- bate, and that any statements related 31, 2012’’ and inserting ‘‘September 30, 2012’’; come tax. to the matter be printed in the RECORD and We have brought that about out of as if read. (2) in section 11(a)(1), by striking ‘‘August 31, 2012’’ and inserting ‘‘September 30, 2012’’. compassion for them, I have to say, but The PRESIDING OFFICER. Without SEC. 2. IMPLEMENTATION OF PTR REQUIRE- it means the upper 49 percent are pay- objection, it is so ordered. MENTS UNDER STOCK ACT. ing for just about everything. Well, my The concurrent resolution (S. Con. Effective September 30, 2012, for purposes friend Treasury Secretary Geithner Res. 56) was agreed to, as follows: of implementing subsection (l) of section 103 pointed out: But, yes, they pay payroll S. CON. RES. 56 of the Ethics in Government Act of 1978 (as taxes. Well, we all do. That is Social (Providing for a conditional adjournment or added by section 6 of the STOCK Act, Public Security. They do not pay a dime of in- recess of the Senate and an adjournment of Law 112–105) for reporting individuals whose come taxes. I was quick to point out to the House of Representatives) reports under section 101 of such Act (5 Mr. Geithner that 23 million of them, U.S.C. App. 101) are required to be filed with Resolved by the Senate (the House of Rep- the Clerk of the House of Representatives, approximately, get refundable tax resentatives concurring), That when the Sen- section 102(e) of such Act (5 U.S.C. App. credits from the government that are ate recesses or adjourns on any day from 102(e)) shall apply as if the report under such more than they pay in payroll taxes, so Thursday, August 2, 2012, through Monday, subsection (l) were a report under such sec- they are really not paying payroll August 6, 2012, on a motion offered pursuant tion 101 but only with respect to the trans- taxes. Almost 16 million of them get to this concurrent resolution by its Majority action information required under such sub- Leader or his designee, it stand recessed or section (l). refundable tax credits from all of us adjourned until 12:00 noon on Monday, Sep- others out there, from the government tember 10, 2012, or such other time on that Mr. CARDIN. Mr. President, I ask itself, which is more than they and day as may be specified by its Majority unanimous consent to speak for up to their employers pay in payroll taxes. Leader or his designee in the motion to re- 10 minutes as in morning business.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5941 The PRESIDING OFFICER. Without dividual payments to foreign countries heard from Europe, and we have heard objection, it is so ordered. in their reports to the Securities and from Asia. They want to adopt similar f Exchange Commission, SEC. laws. They do not know what to pass We did that for many reasons. because they are still waiting for the VETERANS JOBS CORPS ACT OF One reason, quite frankly, is that al- SEC to act. So the failure to act isn’t 2012 MOTION TO PROCEED—contin- though many countries in the world just affecting our ability; it is also af- ued have vast sums of mineral wealth, fecting other countries. Collectively, MINERAL INDUSTRY TRANSPARENCY these are some of the poorest countries between Asia, Europe, and the United Mr. CARDIN. Mr. President, it has in the world. We call it the ‘‘resource States, we can pretty much cover all of been 2 years since Congress passed leg- curse’’ because the natural resource the international extractive companies islation that provided for transparency wealth of the country isn’t just being and therefore have a real, major im- in the mineral industry. It was a provi- denied to the people for their economic pact on transparency on this issue. sion that was included in the Dodd- growth, it is being used to fuel corrup- I might say that one of the criticisms Frank bill. It was included as an tion within their own country. So one I have heard is about why we have a amendment on which Senator LUGAR of the reasons for the provision we in- separate bill. We already have what is and I worked. I wish to thank Senator corporated in the Dodd-Frank bill was known as the Extractive Industries LUGAR for his incredible leadership on to provide transparency so that the Transparency Initiative, or EITI. There this issue—transparency—as well as so people of the country, along with the is an international organization that is many other issues that affect the secu- international community, will know voluntary. Countries can join. The rity of not only America but global se- exactly where payments are being United States has participated in the curity. made for the extraction of mineral EITI. EITI participants help countries The provision is something we wealth in a country. with best practices for developing the worked on to provide transparency in Senator LUGAR and I also thought governance to deal with how they han- developing countries. It provided a that such information would be impor- dle their mineral wealth. EITI is an im- visible sign of U.S. leadership, that we tant for U.S. investors, too. If someone portant program. It is a voluntary pro- are going to do everything we can to is going to invest in a mineral com- gram. It works well. promote good governance around the pany, he or she has a right to know The Cardin-Lugar provision in the world; to demonstrate that we under- where that company is signing con- Dodd-Frank legislation complement stand that for the stability of America, tracts and paying money for access to the EITI. The two work together. Be- we need countries that have good gov- the natural resource(s). tween the two, the EITI and our legis- ernance. It is also important for U.S. inter- lation, there’s a way that we can really The United States spends more ests. We need stable mineral reserves. require companies to make the infor- money than any other country in the As the Presiding Officer knows, we mation available in an open way. The world on our national security budget. have gone to war over the need for oil. EITI gives developing countries the In fact, we spend more than most of We need stable markets so that we do technical assistance they need to man- the other countries combined spend on not jeopardize our own economic age their mineral wealth in the most national defense. We have the ability progress. effective way for the benefit of their to use our military for our national de- So the Cardin-Lugar provision gives own people, to elevate their wealth and fense, but it is much better if we can us a chance to follow the money, as the to have a more sustainable economy. develop stable countries around the saying goes, in a particular country. This delay has caused a great deal of world. The way to develop stable coun- For all of these reasons, Mr. Presi- concern to many of us. Quite frankly, tries is to help them build a stable dent, we passed a provision as part of Oxfam, for example, has filed suit economy, to help them build wealth, the Dodd-Frank legislation that re- against the SEC for its failure to issue and to help them have good govern- quires every company that is involved regulations, and I am very sympathetic ance. in extracting minerals to list those to that lawsuit. It is impossible to see the type of payments specifically by project in I wish to inform Senators that we progress we want in the developing their SEC filings. have now been told the SEC will finally countries unless they have good gov- It was pretty clear as to what needed issue its regulations on August 22, in ernance. I might say that the more we to be done. We gave the authority to just a few weeks. SEC officials have can help in this regard, the more we the SEC to issue the necessary regula- formally responded to the Oxfam law- promote good governance and eco- tions. Well, we have been waiting 2 suit, saying the agency will issue regu- nomic growth, the better off we will be. years for these regulations—2 years. lations on August 22. I have received a Our direct security burdens will be re- We are now well beyond the time limit letter from the SEC indicating the duced, and we will have new markets, that was spelled out in the legislation same thing. It is long overdue. which will create economic opportuni- for the SEC to issue its regulations. I am looking forward to seeing the ties for America. Yet the SEC still hasn’t issued final regulations from the SEC. I hope the As the Presiding Officer knows, this regulations. SEC follows the letter and spirit of the is the guiding principle of the Organi- I have read the statute over and over legislation. It is up to Congress to pass zation for Security and Cooperation in again. I helped write the statute. Sen- the laws. SEC needs to implement the Europe. We used the Helsinki Commis- ator LUGAR has read the statute. We do laws under direction and guidance from sion as our implementing arm. The not understand the difficulty. It was Congress. We have made it clear that Helsinki Accords that were signed in not a complicated provision. It said ex- we want openness and transparency. I 1975 between Europe—all of the coun- actly what the companies have to do. know some oil companies may not like tries of Europe—the United States, and So we are somewhat puzzled why it has that, but they do not write the laws, Canada recognized that it was in our taken this length of time for the SEC we do. It is up to the SEC now to pro- national security interests to support to issue its final regulations. In the mulgate the regulations that carry out stable countries that respect human meantime, we are being denied the ben- the intent of our law and help us move rights and have good governance. efit of this law. We are being denied the forward so that the resource wealth of This is the reason the Cardin-Lugar opportunity to protect our investors. countries in the developing world be- amendment was so important in the We are being denied the opportunity to come a real asset, a real benefit, as Dodd-Frank Wall Street reform legisla- follow the money, to help promote they develop sustainable economies tion. Let me explain what it does. It re- good governance abroad. All that has and good governance, which helps glob- quires mineral companies to list the been delayed as a result of the SEC’s al stability and helps the global econ- payments they make to extract the failure to issue regulations. omy. minerals they take out of a country. I must say that it also jeopardizes We will be watching the SEC. I know Whether we are talking about gas or U.S. leadership. Yes, there are other we will be in recess on the 22nd, but we oil, whether it is diamonds or copper— countries interested in following what will be watching the SEC. I hope that the companies need to divulge their in- the United States is doing. We have Congress and the SEC will be working

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Now, it might the level of a foundational standard. low suit where we really can make a surprise some to learn that the FERC- But with cyber threats and vulnerabili- difference in the wealth and growth of NERC mandatory cyber security re- ties that are constantly emerging and countries around the world that for too gime currently regulates over 1,900 dif- constantly changing, I think the one long have been suffering even though ferent entities and that the electric thing we would agree on is that we al- they have enormous mineral wealth. power sector is already subject to Fed- ways need more information. I yield the floor, and I suggest the ab- eral penalties, and these penalties are I think we can also all agree the Fed- sence of a quorum. serious—up to $1 million per day for eral Government needs to form a part- The PRESIDING OFFICER. The noncompliance. So there is teeth at- nership with the private sector. The clerk will call the roll. tached to these standards. government and the private sector The legislative clerk proceeded to In fact, one of our own government share the same goals—to keep our com- call the roll. entities—the Southwestern Power Ad- puter systems and our Nation safe from Ms. MURKOWSKI. Mr. President, I ministration—was recently fined by cyber intrusions. We need the private ask unanimous consent that the order the grid regulators for violating two companies to be talking with each for the quorum call be rescinded. mandatory cyber standards. other and with the government about The PRESIDING OFFICER. Without The point is the electric power sector the cyber problems they face as well as objection, it is so ordered. and our grid regulators have been potential strategies and the solutions Ms. MURKOWSKI. Mr. President, we working extremely hard these past 7 to combat them. We also need our gov- have had a great deal of conversation years to develop and to implement ernment to provide timely and action- these past several days regarding cyber these cyber standards. We have already able information to the private sector. security. There is no question that we taken substantial measures to safe- It has to go both ways. all agree it is a critical issue. I am sure guard our electric utility systems. We So as we go off to our respective every Member of this body shares the have identified our critical assets and States and discuss with our constitu- concern that our Nation is vulnerable established security management con- ents back home the many issues that to cyber attacks, and those attacks trols, performed risk assessments, and are out there, I would encourage Mem- could have severe economic and na- trained personnel. We have established bers to take a look at what has been tional security ramifications. sabotage reporting and mandated dis- introduced by the ranking members— We saw just this week over 180 aster recovery plans. These are all the SECURE IT cyber legislation. Take amendments filed to the cyber legisla- processes and procedures that have a look at what has been offered as an tion. I think it is pretty clear that a been put in place. alternative. It is a commonsense ap- lot of us have ideas on how best to pro- Also, it might surprise some to learn proach to addressing our ever-increas- tect our critical infrastructure. I think the Nuclear Regulatory Commission— ing cyber threats. that is just one of the reasons I was the NRC—has already taken action to Our bill focuses on four areas where disappointed that the amendment tree protect the Nation’s nuclear facilities we believe we can reach bipartisan sup- was filled and cloture was filed on the from cyber attack. The nuclear indus- port and which will result in legisla- cyber measure. try developed a cyber security program tion that can get enacted, even given I don’t think that was the process we for critical assets over a decade ago. the politics of an election year. The were promised when the Senate over- The NRC now mandates cyber security four areas we focus on are information whelmingly agreed to consider the plans for nuclear plants, including the sharing, FISMA reform, criminal pen- cyber security bill. Because Members identification of critical cyber assets alties, as well as additional research. were denied the opportunity to have a and required contingency and incident Mr. President, I want to close with thoughtful and complete debate, the response plans. Failure to comply with just some observations quickly about cloture vote failed on a bipartisan basis the NRC cyber requirements also can the process. Back in 2005, when the this morning. result in fines and even an order to Senate passed the bipartisan Energy We have heard a lot about the elec- shut down the nuclear reactor. Policy Act, it passed by a considerable tric grid during this debate and how So, again, there are standards that margin. It was 85 to 12. But we spent a legislation is needed to protect our Na- have been put in place with compliance full 2 weeks on the floor considering tion’s transmission systems from cyber requirements and penalties that are at- amendments at that time. We had ear- attack. What perhaps has been missing tached for failure to comply. lier spent 2 weeks marking up the bill from this debate and discussion is a One concern was that the cyber bill in committee. So what I would like to recognition that Congress had already was brought to the floor via rule XIV. leave folks with is just the reminder moved to protect our grid system, and A concern with this was that it would that process really does matter. That they did so 7 years ago. They enacted undermine the existing mandatory is how strong bipartisan pieces of legis- the bipartisan Energy Policy Act of framework that Congress has already lation are enacted. 2005. established within the electric utility When you forego that process, you I am the ranking member on the grid. By establishing a competing re- don’t do that hard work in committee committee of jurisdiction. I reassure gime—even if that regime was truly and send an ever-changing bill directly my colleagues that we already have voluntary—the Cybersecurity Act the to the floor via rule XIV and then fill mandatory cyber security standards in Senate just rejected could duplicate, the amendment tree, the legislation place for our electric grid. In the 2005 conflict with, and even supercede the just doesn’t work. It is bound to fail, Energy Policy Act, Congress directed hard work that has already been put in and that is what we saw today. the Federal Energy Regulatory Com- over these past several years to safe- A few months ago I came to the floor mission, FERC, the grid’s regulator, to guard both our grid and our nuclear fa- to advocate for cyber legislation and to set mandatory enforceable reliability cilities. express my concern that the all-or- standards, including standards for One of the amendments I had filed to nothing approach to cyber security cyber security. And because these the bill, and I had hoped we would have could result in nothing. After today’s standards can be very technical—ex- an opportunity to discuss, was a strong vote, that is where we are. That is tremely complex—Congress decided savings clause—a savings clause that what we have. I do remain hopeful we they should be developed through a would maintain the mandatory protec- can find a path forward on the cyber consensus-driven stakeholder process tions that are in place. Two competing issue that will result in a truly bipar- that is overseen by the Electric Reli- systems are not workable and could, in tisan and effective—effective—piece of ability Organization—an organization fact, make the Nation’s grid and nu- legislation that will help our Nation’s that we call NERC. clear facilities even more vulnerable to critical infrastructure. We thought this was so important cyber attack. With that, Mr. President, I see my back in 2005 that we even expanded One thing we have learned in the En- colleague from Louisiana is here, and I FERC’s traditional jurisdiction to in- ergy Committee, in overseeing our yield the floor.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5943 The PRESIDING OFFICER. The Sen- lect high-impact community organiza- or open one or more new charter ator from Louisiana. tions rather than building new govern- schools based on their successful EDUCATION REFORM ment infrastructures. Additionally, it model. Both Rocketship Education out Ms. LANDRIEU. Mr. President, as emphasizes rigorous evaluations of proof California and KIPP, Knowledge is Congress prepares to adjourn for the gram results. Power Program, out of Houston, TX, August State work period, nearly 50 In my home State of Louisiana, the have received critical funds from this million students are preparing to head Social Innovation Fund recently pro- competition in order to expand their back to approximately 100,000 elemen- vided the Capital Area United Way reach and serve more students. Both of tary and secondary public schools with $2 million to replicate and expand these well-known and highly popular across the country. What a great re- effective early childhood development charter management organizations are sponsibility it is for us in Congress and programs to increase school readiness opening and operating charter schools our partners at the State and local lev- among children in low-income and in Louisiana and other States across els to engage with parents and teachers rural parishes within the Greater the United States. to ensure that these 50 million stu- Baton Rouge area. We know that edu- On May 18, 2012, the Office of Man- dents are well educated. When I travel cation does not begin in kindergarten, agement and Budget issued a ‘‘Memo- back to Louisiana this month, I will be education begins in a child’s earliest randum to Heads of Executive Depart- visiting students and schools through- years of life. New Profit, Inc., received ments and Agencies’’ asking them to out the State, from Lafayette to New a Social Innovation Fund grant of $15 demonstrate the use of evidence Orleans to Bogalusa. I am looking for- million over 3 years to collaborate with throughout their fiscal year 2014 budg- ward to watching stimulating lessons, innovative youth-focused, nonprofit or- et submissions. This is exactly the meeting enthusiastic students and ganizations in helping young people right kind of directive—one which tax- teachers, and learning more about the navigate the increasingly complex path payers will be happy to hear. In par- successes and challenges of Louisiana’s from high school to college and produc- ticular, I am enthusiastic about the po- schools. tive employment. The project will ex- tential impact of the provisions in the The National Center for Education pand the reach of these nonprofits to memo that urge agencies to propose Statistics estimates that $544.3 billion improve the lives of nearly 8,000 young new types of evaluations and consider will be spent in public education this people in low-income communities how evidence can be used in both for- upcoming school year. That is an esti- throughout the country. mula and competitive grant-making mated $11,000 per student. Are we mak- Another program investing in what programs. ing the most of those dollars? In Con- works is the Investing in Innovation For the Federal Government to make gress, we perennially debate the Fund, commonly known as the i3 Pro- this shift toward requiring more evi- amount of Federal funds we should in- gram. This program provides competi- dence of impact and prioritizing the invest in our public school students. We tive grants to local school districts and vestment of taxpayer dollars in proven recognize that many of our States’ edu- nonprofit organizations with records of programs, I recognize that there are a cation systems are underpreparing success to help them leverage public- number of challenges to address, in- young people for the changing work- private partnerships to implement edu- cluding a lack of agreement about force and increasing global competi- cation practices that have dem- what constitutes ‘‘evidence’’ of impact; tion. Yet we cannot agree on the appro- onstrated positive impacts on student the difficulty of measuring certain priate amounts to invest at the Federal achievement. Since 2010, the U.S. De- kinds of interventions or their desired level to ensure that all students re- partment of Education has awarded outcomes; the resources it takes to ceive the opportunity for an excellent competitive i3 grants to 72 local school conduct the most rigorous evaluations; education. All too often, the debate has districts and nonprofit organizations in a concern that those communities been about ‘‘How much?’’ rather than 26 States and Washington, DC. most in need will be unable to compete about ‘‘How to get better results?’’ I am proud that New Schools for New and, therefore, fall further behind; and with existing resources. Orleans, in partnership with the Lou- a concern that many well-intentioned Over the last several years, Federal, isiana Recovery School District and organizations will lose public funding State, and local governments have Tennessee Achievement School Dis- because they do not currently have the taken helpful steps to change the way trict, received $28 million in i3 funds in evidence necessary to prove their im- taxpayer dollars are invested to ensure 2010 to significantly increase the num- pact. These are very valid concerns, that our limited resources are driven ber of high-quality charter schools in and I encourage the Office of Manage- toward high-impact solutions in edu- New Orleans and ultimately improve ment and Budget and all Federal de- cation. Mayors and governors across education outcomes for New Orleans’ partments and agencies to address the country are increasingly using data students. With these funds, New them through a thoughtful design of and evidence to steer public dollars to Schools for New Orleans is replicating policy approaches. more effectively address the edu- Sci Academy, a high-performing char- I strongly encourage my colleagues cational needs of their communities ter high school that New Schools for in the Senate to visit a variety of pub- and States. At the Federal level, inno- New Orleans incubated four years ago. lic schools in their home States this vation funds have been created to in- Sci Academy just graduated its first month. Talk with students, parents, vest in and scale proven solutions. class of seniors—with 96 percent ma- teachers, and school leaders. Learn Some of these Federal programs, such triculating to 7-year colleges. Two new more about their successes and chal- as the Social Innovation Fund, Invest- high schools modeled after Sci Acad- lenges, and consider this question: ing in Innovation, and the High-Qual- emy will open this fall. With the i3 What is truly working in education and ity Charter Schools Replication and grant, New Schools for New Orleans is how can the Federal Government be Expansion Program, provide competi- also funding the turnaround of a K–8 more strategic about investing in evi- tive grants to nonprofit organizations school, Craig Elementary School in the dence-based solutions in our class- in order to grow promising, evidence- Treme neighborhood. Dr. Doris Hicks, rooms? based solutions. who runs the very successful Dr. Mar- We need to be smarter about how we The Social Innovation Fund in par- tin Luther King Charter School in the invest in education if we are going to ticular focuses on three priority areas: Lower Ninth Ward, will be overseeing close the achievement gap, prepare stu- economic opportunity, healthy futures, the turnaround of Craig Elementary dents for the 21st century workforce, and youth development. Its unique School, lending her expertise and com- and compete in the global arena. Joel Federal funding model requires all munity credibility to the effort. Klein, Condoleezza Rice, and a Council grantees and subgrantees to match The High-Quality Charter Schools on Foreign Relations-sponsored task Federal resources 1:1, thereby increas- Replication and Expansion Program force recently produced a report called ing the return on taxpayer dollars and provides competitive grants to success- ‘‘U.S. Education Reform and National strengthening local support. This pro- ful nonprofit charter management or- Security.’’ According to the report, gram relies on outstanding existing ganizations to allow them to increase ‘‘Educational failure puts the United grant-making ‘‘intermediaries’’ to se- enrollment at existing charter schools States’ future economic prosperity,

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5944 CONGRESSIONAL RECORD — SENATE August 2, 2012 global position, and physical safety at did what the Senate is supposed to do, couple of months, it is permanent. But risk. Leaving large swaths of the popu- and we worked very hard together to we also understood that there are other lation unprepared also threatens to di- be able to get that done. kinds of disasters. For those fruit vide Americans and undermine the Especially given the drought and the growers and cherry growers in Michi- country’s cohesion, confidence, and disaster farmers are dealing with—not gan who have no access to crop insur- ability to serve as a global leader. . . . just drought but other disasters—it is ance—it is not available to them—we The United States will not be able to critical the House follow our lead and made sure there was support for them. keep pace—much less lead—globally both pass a comprehensive disaster as- For apple growers, for sweet cherries, unless it moves to fix the problems it sistance program but in the context of for juice grapes, for others across the has allowed to fester for too long.’’ real reform and a 5-year farm bill. country, we have put in place provi- I yield the floor. The House Agriculture Committee sions in the Senate bill. The PRESIDING OFFICER (Mr. passed their bill. I am anxious and I Frankly, I believe we need to do more FRANKEN). The Senator from Michigan. am, frankly, disappointed they did not and can do more as we look at how this Ms. STABENOW. Mr. President, I have the support they needed to be able has developed. We need to have the thank the Senator from North Dakota to bring it up, bring to the Senate, and next few weeks to fully look at all that for allowing me to take a few moments put us in a situation where we are able has happened, whether it is livestock to speak when he was waiting his turn. to go to a formal conference com- in the drought, whether it is wildfires, I wish to also say Senator HOEVEN mittee, which I would like very much whether it is what is happening to fruit has been a terrific member of our Agri- to do to resolve differences. growers, and put together a com- culture Committee, coming in, in his But we do intend to begin that proc- prehensive effort in the context of first term, and has made a significant ess, speaking together, listening to passing a 5-year farm bill. difference. He and our chairman of the each other, negotiating in the next few But when we look at all this, these Budget Committee, Senator CONRAD, weeks to see if we can’t come together are the disaster areas, but most of have been terrific powerhouses, and informally, to be able to offer a com- Michigan is not helped by what the they never let me forget that 90 per- promise bill to the House and the Sen- House is doing because it does not in- cent of the land in North Dakota is ate for consideration. clude the efforts to help those who cur- farmland. I thank him for allowing me I wish to remind my colleagues that rently do not have crop insurance, the to take a moment. the farm bill is a jobs bill. Sixteen mil- fruit growers. Michigan is not helped. AGRICULTURE AND THE DROUGHT lion people work in our country be- The Northeast, again, with fruit, or Ms. STABENOW. Mr. President, I am cause of our agricultural economy and Florida with fruit, or out West, wheth- not sure the House has completed the our food industry. We have the safest, er it is California or Oregon or in this vote yet on a partial disaster assist- most affordable food supply in the whole area—not helped by what the ance program, but I am rising to urge world. The bright spot is agriculture. House is doing. I appreciate the first colleagues in the House to join with us Export surplus is in agriculture. We step, and I certainly understand that in passing the Agricultural Reform should be doing everything possible to the agriculture leadership in the House Food and Jobs Act, commonly known support agriculture, our farmers, our is trying to do whatever they can to as the farm bill. ranchers, both in the short term for take a step, and I commend them for I wish to commend the chairman and disaster assistance but also looking that. But it does not cover this. It cov- ranking member in the House for doing down the road on a 5-year farm bill. ers a good share, but it does not cover what we did in Senate, which is to Second, the farm bill expires on Sep- every kind of disaster we have before work together on a bipartisan basis. tember 30, less than 2 months away. We us. And frankly, it doesn’t cover disas- They worked very hard with their com- need to get it done. We are racing ters waiting to happen because of inac- mittee and reported out a bill. We have against the clock right now. tion on a 5-year farm bill. some differences with that bill, but We also know that this year our Na- Let me go through the differences they worked very hard together, and I tion is experiencing the worst drought right now between what the House and know we can come to agreement on in a generation. You turn on the news, the Senate have done. We passed a something that is a compromise be- and you see serious wildfires in Colo- comprehensive 5-year farm bill as well tween the House and the Senate. I com- rado, Nebraska, Utah, Oklahoma, Ari- as a comprehensive disaster assistance mend them for doing that. zona, and Montana, among others. You bill. I will underscore again that I be- I am very concerned and very dis- look in Michigan and you see a fruit lieve that after looking through the appointed that the Speaker and the disaster that relates from warmth and next few weeks and looking at every- House leadership did not support their then freeze. We have more than half of thing that has happened, we ought to efforts to bring this to the floor in the counties in the United States that be looking at what else we can do—not July. I was on the Agriculture Com- have been declared disaster areas not less, as the House did, but potentially mittee in the House. This is my fourth just because of drought, which is what more. farm bill. I have never heard of a situa- the House has addressed partially, but Both the House and the Senate have tion where there was a bipartisan farm because of weather disasters. That is extended the livestock disaster pro- bill reported out of committee and not 1,584 counties across the country, 82 of gram to 2012. We extend it perma- taken up on the floor. It is very con- them in Michigan. We have only one nently. cerning. But nonetheless, I support the county in Michigan that has not been On tree assistance, if you lose the en- chairman and ranking member in the declared a disaster area. Eighty per- tire tree in an orchard, you are House and look forward to working cent of the country is now experiencing helped—not if you just lose the food, with them to actually get this done. abnormally dry, moderate, or extreme like most of our growers, but the entire My colleagues, of course, remember drought, 22 percent of the country is tree. These things are the same, so we the long and intense debate we had on facing extreme doubt, and so on. have sort of disaster-lite up here. this bill, both in committee and on the As an emergency measure, USDA has Then, in the Senate bill, we increase floor, with more than 70 amendments. I opened 3.2 acres of conservation land payments for livestock producers fac- wish to again greatly thank our major- for grazing and haying, but we know ing severe drought, so we actually have ity leader for understanding the sig- there is a lot more to be done. That is a stronger payment system and safety nificance of this bill to the economy what I want to speak about because net for our livestock producers. and to rural America and to jobs across when we look at this, all the disas- As I said before, we help fruit grow- the country. The majority leader and ters—and we understand we have to ad- ers impacted by frost and freeze. We the Republican leader both allowed us dress drought. We have to address what create new crop insurance options so the time to do that, and I very much is happening to livestock. I am very that, going forward, we don’t have to appreciate that. proud of what we have done in the Sen- be back here every year because we We passed the bill, as we all know, ate, what we passed, which is a strong- strengthen crop insurance and create with an overwhelming bipartisan vote, er Livestock Disaster Assistance Pro- opportunities for fruit growers who do 64 to 35. The Senate came together and gram. It is permanent—not just for a not have insurance now to be able to

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5945 have crop insurance—which, by the We know there are things we need to I am committed to working with my way, producers pay into, and there is work on together. We are proud of the colleague, the ranking member from no payout unless you have a loss. fact that we passed a farm bill on a Kansas, who I know cares deeply as We also address urgently needed strong bipartisan basis, but we under- well about what is happening to live- dairy reforms to save dairies from stand we need to work with our col- stock producers in his State. We have bankruptcy. In 2009, under the current leagues and listen. It is our goal to do talked. I know how committed he is to dairy policy, we lost farms across the one of two things: to either have the making sure we have the right help to country. If we do not act in a 5-year opportunity to come together in Sep- be able to support them. We are com- farm bill, in the area of dairy, of milk tember and offer something that would mitted to doing that. But let’s not do producers, it is a disaster waiting to be a compromise with the House and half a disaster assistance bill. Let’s not happen. So we need to have a com- the Senate that we could offer and look do something short term that is less prehensive farm bill that deals with for an opportunity to pass—that is the than what producers across the coun- dairy reforms because that is part of best thing. It includes comprehensive try are counting on us to do. They have avoiding the next disaster. disaster assistance as part of that. sent a loud message. They want us to There is permanent funding, as I That is far and away what we are hear- get it done. There is no reason we can- said, for livestock disaster assistance ing from farm country and what we are not. We did it here in the Senate. I be- and conservation efforts to prevent an- hearing from those across the country lieve that if we work in good faith, if other dust bowl. One of the reasons we whose livelihood depends on agricul- we listen to each other, if we trust don’t have a dust Bowl in many areas tural production in the food economy. each other, we can get the whole thing where the drought has been horrible, If for some reason we are not able to done in September and have, really, just horrible, is because of conserva- succeed, we need to assess all of what something to celebrate and to offer to tion efforts that we put in place that has to happen in the next 4 weeks and all of those in rural America, all of have worked. We need to strengthen come back together and do what we those who count on us, every one of the those. need to do in September to pass a very 16 million people who have a job be- We give the Forest Service tools to strong, comprehensive disaster assist- cause of agriculture and our food in- protect and improve forest health and ance program—not just for livestock, dustry. deal with another disaster not dealt as important as that is, but for all of Mr. President, I yield the floor. My with here, which is forest fires all our communities in every State where colleague from North Dakota has been there has, in fact, been a disaster. across the country. extremely patient, and I am very much We will work with colleagues. We We improve crop insurance to protect appreciative of his willingness to allow will be offering a bipartisan effort. I against disasters, and finally, we pro- me to speak. am extremely hopeful that we can vide farmers and ranchers with long- Mr. HOEVEN. I thank the Senator come together around what really term certainty. They want to know from Michigan, and actually I am needs to get done, which is a 5-year going forward not only what help they going to yield to the good Senator from farm bill. If not, we certainly will will receive this year—and they need South Dakota. I know he has a com- make sure that in September we have mitment. He will be brief, so I yield to it, and we will make sure that hap- the opportunity to work together. pens—but they want to make sure my colleague from South Dakota. As I close, let me just indicate the The PRESIDING OFFICER. The Sen- going forward that they have long- reason—what happens if we do not do term certainty. ator from South Dakota. the whole farm bill. We lose deficit re- EUROPEAN UNION EMISSIONS TRADING SCHEME I appreciate in my own home State duction. The only thing we voted on in that the commodity growers are very PROHIBITION ACT a bipartisan way with deficit reduc- Mr. THUNE. I know it is very con- concerned—strongly supportive of the tion, we passed here together. I see col- Senate bill, want to support the Senate fusing, and I thank my colleague from leagues of mine who played a tremen- North Dakota for yielding to his col- disaster assistance efforts. In fact, the dous role in this. The former head of Michigan Farm Bureau came out today league from the South. the Department of Agriculture, the I hoped to come down and to ask opposing what the House is doing be- Secretary of Agriculture from Ne- unanimous consent to pass S. 1956 with cause, from a Michigan perspective, it braska, the distinguished Senator from a committee-reported amendment. My just doesn’t cut it. It is just not South Dakota—North Dakota—we did understanding is there is an objection enough. this on a bipartisan basis, $23 billion on the other side. I am disappointed We have gone through efforts that, in deficit reduction. We repealed subsidies about that. I had hoped we would be fact, will allow us to solve the problem that we all agreed from a taxpayers able to get unanimous consent today to long term and to also address the short perspective we should not be doing pass what is a very bipartisan bill. It is term. What we need, after hearing from anymore. We made some difficult deci- the European Union Emissions Trading farmers and ranchers across the coun- sions on that. We want to make sure Scheme Prohibition Act. It is a bill try, is a bipartisan farm bill that gives we support farmers for what they grow that passed by voice vote earlier this producers long-term certainty so they but not give a payment for what they week from the Commerce Committee, can make business decisions without don’t grow. And the number of reforms and a similar measure was passed ear- worrying about risk-management pro- we did around payment limits and lier this year in the House of Rep- visions that are going to expire on Sep- other things, including going through resentatives by a voice vote. The avia- tember 30—which, by the way, is just 58 every part of this bill and doing what tion industry, the administration, con- days away. everybody says we ought to do, some of sumers, the U.S. Chamber of Com- I would like all my colleagues to which is look for duplication, what merce, just about everyone believes know that we have really a dual strat- doesn’t work, what ought to be elimi- that the EU must be reined in and it egy right now, knowing how important nated—and we actually eliminated must happen quickly. this issue is all across the country to more than 100 programs and authoriza- In fact, just this week at the Com- rural America and really to every- tions. merce Committee markup Senator body—everybody who eats. I think that If we don’t do a real farm bill, all of BOXER, who is the chairwoman of the is everybody. We all have a stake in this goes away. I suppose you can say Environmental and Public Works Com- having a strong agricultural policy, nu- the folks who do not want reform mittee, and also a member of the Com- trition policy, conservation policy that would be trying to stop us from passing merce Committee, said, referring to maintains our position as the world a 5-year farm bill—certainly the Sen- my bill: leader in access to safe, affordable ate bill—people who do not want re- I think moving it fast is critical because I food. With or without official conferees form, people who would like to keep think it will send a message to the inter- and so on, it is our intent to have con- status quo and would like to continue national organization we are trying to nudge versations to see if we might come to- with a system that has not worked for forward and know this is the way this is gether on something that would bridge many growers and ranchers. We in the going to be dealt with. the differences between House and Sen- Senate have come together, and we I could not agree more. In 2005, the ate agricultural perspectives. think that is not the right way to go. European Union began their emissions

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5946 CONGRESSIONAL RECORD — SENATE August 2, 2012 trading scheme which attempts to cap Frankly, it is one that I think could areas—bringing the overall total to emissions of carbon dioxide from sta- be addressed in a very timely way. The 1,584 counties in 32 States. That’s more tionary sources within the European longer we wait, the longer we have than half of all U.S. counties. As of the Union. Starting in 2012, in January of American air carriers and therefore end of last month, the entire State of this year, aviation operators departing American travelers paying into a sys- Missouri was designated a State of se- from or landing in Europe began to be tem where is no guarantee it is going vere to exceptional drought—the worst included in this emissions scheme. to be used for any kind of environ- level of drought possible. Under this program, any airline, in- mental improvements in Europe. It is, For a State like Missouri, which is cluding non-European airlines, flying in effect, a tax on American travelers heavily reliant on agriculture revenue, into and out of Europe will be required that would fund European govern- this drought has been devastating. Mis- to pay for EU emissions allowances. Al- ments. If we want to put it in a crass souri has more than 100,000 individual lowances will be collected for the en- way, we could say that the American farms—the second highest number of tirety of the flight including portions public is being taxed to bail out Euro- farms of any state in the nation. Mis- in U.S. and international airspace. pean nations. That is as simply as I can souri also ranks No. 2 in the Nation in This is a great example of this unfair put this. It is a violation of inter- cow calf operations. Nationwide, 48 percent of our corn application that is happening right national law; it is a violation of Amer- crop is now in poor to very poor condi- now. We have Olympic athletes flying ican sovereignty. It is unfair, unjust, tion, compared to 45 percent one week to and from the London games by air. and an illegal tax. It needs to be ago. Last year, only 14 percent was One such Olympian is from my home stopped. This legislation would allow State of South Dakota, Paige McPher- poor to very poor, while 62 percent was that to happen. rated good to excellent. Among the son, and she is competing in It is unfortunate that we have an ob- hardest hit States, Missouri tops this Taekwondo next week. She arrived in jection on the other side to prevent list with 83 percent of our corn crop London last week and the final leg that from happening tonight. I intend rated at poor to very poor. Based off took her from Newark Airport to to work with my colleagues to get a Heathrow Airport. During this flight, the most recent data, approximately 73 vote on this when we return in Sep- percent of the domestic cattle inven- approximately 555 miles of the 3,500 tember. tory in the country is within an area miles flown, or 16 percent, was actually I want to thank my colleague from experiencing drought. Meanwhile, 57 in EU airspace, but her flight was North Dakota for his graciousness in percent of American pasture and range- taxed as if 100 percent of it was in EU allowing me to make that statement. land is in poor to very poor condition airspace. Obviously, this unilateral im- I yield the floor. this week, compared to 55 percent last position of the EU ETS on U.S. avia- Mr. BLUNT. Mr. President, does the week and 36 percent a year ago. tion operators is arbitrary, unfair, and Senator from North Dakota have the I have talked to many livestock pro- a clear violation of international law. floor? ducers who are being forced to decide Mr. HOEVEN. Mr. President, I rise on Plus it is being done without any guar- whether to continue to feed their live- another issue, but I yield at least tem- antee for environmental improvements stock or whether to liquidate otherwise porarily to see what the good Senator and at a huge cost to the aviation in- productive livestock and dairy herds. dustry and constituents we serve. from Missouri has to say. For the few that have been able to put The PRESIDING OFFICER. The Sen- Let me be clear that no one in Con- up hay, they are already taking it back ator from Missouri. gress is against the EU implementing out of the barn to feed—well before the this European trading scheme within AGRICULTURE DISASTER normal feeding time in the winter their boundaries. That is obviously Mr. BLUNT. Mr. President, I am con- months. A dairy producer and good their prerogative; that is their jurisdic- cerned that we are going to go home friend of mine, Larry Purdom, said just tion. However, I believe any system without an agriculture disaster bill the other day: ‘‘Some are just giving that includes international and other farm families can rely on. This disaster up. Yesterday I saw three dairy herds non-EU airspace must be addressed is real. The disaster programs for live- sell out at the Springfield livestock through the International Civil Avia- stock ran out a year ago, September 30 auction and two more herds were ready tion Organization, known as ICAO, of of last year. We have a chance to do to go. I think we could lose up to a which the United States and 190 coun- something about that, and I wish to see third of our dairy cow numbers in Mis- tries, including all of the EU member us do something about that. souri.’’ states, are members. That is why I in- The idea that we would decide we Undoubtedly, the best solution to as- troduced this simple bipartisan bill. It could put this off another month, that sist our farmers and ranchers would be gives the Secretary of Transportation we can put those families in jeopardy for Congress to pass a long term farm the authority to take the necessary for another month not knowing what bill that includes funding for these dis- steps to ensure America’s aviation op- their solution seems to me is totally aster programs. I voted for the Senate erators are not penalized by any sys- unacceptable. farm bill, and I still believe we need a tem unilaterally imposed by the Euro- I will yield the floor to my friend long-term bill to provide certainty to pean Union. from North Dakota, but I intend to do our producers. Many of these disaster The bill also requires the Secretary everything that I can to see we solve programs have lapsed, leaving Amer- of Transportation, the Administrator this problem with a real solution, not ican producers with very few options to of the FAA, and other senior U.S. offi- just another Washington excuse as to make it through this drought. While cials to use their authority to conduct why we can’t do what needs to be done. USDA has granted a primary disaster international negotiations and take The Agriculture industry is a key designation to every county in Mis- other actions necessary to ensure that economic driver for our country, sup- souri, qualifying them for emergency U.S. operators are held harmless from porting approximately 16 million jobs loan—this only gets our producers so the actions of the European Union. nationwide. The families that own and far. It’s time we step up and take fur- It is time for the Senate to join the run these farms and ranches represent ther action. We have an obligation to House of Representatives and the ad- less than 2 percent of America’s popu- our nation’s producers to act imme- ministration in voicing our strong op- lation, but they raise enough food and diately. position to application of the European fiber to feed the nation. These pro- The House has passed and sent us a Union’s emission trading scheme sys- ducers have been greatly impacted by targeted disaster aid bill. This bill is tem to American operators. I am sorry the worst and widest reaching drought fully offset, and it immediately helps that it couldn’t be done today because, to grip the United States in decades, those farmers and ranchers who are as I said, this was unanimously re- which continues to get worse with no facing the worst drought in decades. ported out of the Commerce Com- signs of slowing down as we head into But instead of moving forward and pro- mittee earlier this week. We have one of the warmest months of the year. viding our producers with the assist- broad bipartisan support. Democrats On Wednesday the USDA added 218 ance they need, the majority has de- and Republicans agree this is an issue counties from 12 drought-stricken cided to play politics with drought re- that needs to be addressed. States to its list of natural disaster lief.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5947 Now, the Democrats want to send the gallantry in action as he attempted to reported that instead of transferring House the same bill that has already protect his comrades from Daqduq’s him to Gitmo, the administration de- passed Senate, with no immediate dis- terrorist actions outside the rules of cided to release Daqduq to Iraqi cus- aster assistance attached. As we head war. Daqduq and his followers wore tody. into the August work period with no American uniforms—an action that he This time, we wrote to Secretary of sign of relief in sight, it is unaccept- directed. His actions were clearly Defense Panetta asking him to recon- able for the Majority to stand in the against the laws of war and he can be sider that decision. We warned that the way of helping our producers. held not only as a prisoner of war but Iraqi Government previously had re- I yield the floor. as a violator of the rules of war and leased terrorists who later returned to The PRESIDING OFFICER. The Sen- can be tried and should have been tried the battlefield to kill American serv- ator from North Dakota. before an American military commis- icemen. Yet as the deadline for the Mr. HOEVEN. Mr. President, I wish sion. United States withdrawal from Iraq ap- to thank my esteemed colleague, the When U.S. forces captured Daqduq, proached, it became clear the Presi- Senator from Missouri. I appreciate then the most senior Hezbollah figure dent had no intention of removing working with him on many issues, in- in U.S. custody, he provided detailed Daqduq from Iraq. cluding agriculture, and I share his testimony about the support and train- The President then struck a deal concern. ing provided by Iran to Iraqi insurgents with Prime Minister al-Maliki to I have been on the floor of the Senate and admitted to violating the laws of charge Daqduq before an Iraqi criminal this week and past weeks, expressing war. He is not a criminal defendant. He court for his acts of terrorism, forgery, my desire to pass a farm bill, including is not a member of an organized crime and illegal entry, and other offenses. agriculture assistance. I believe we can syndicate or some drug dealer. He is a Now the Iraqi court has had a trial do that. We passed a farm bill here in confessed terrorist who committed and ordered him released, in spite of the Senate. The Agriculture Com- atrocities against American soldiers the volume of evidence turned over by mittee has come forward with a prod- during a war duly authorized by Con- the United States to be used in the uct. We absolutely need to come to- gress. That makes him an unlawful trial, including his uncoerced confes- gether, House and Senate, on the farm enemy combatant who may be detained sions detailing his role in training the bill for the good of our farmers and until the conclusion of the war or sub- insurgents and his role in the Karbala ranchers, including drought assistance jected to trial by a military commis- massacre that I referred to. It appears and for the good of the country. sion. He could be imprisoned for up to that it is only a matter of time before (The remarks of Mr. HOEVEN per- life or he could be executed. he will now be set free. taining to the introduction of S. 3512 Once the military determined he was Recent press reports indicate that are printed in today’s RECORD under no longer of use for intelligence pur- the Iraqi authorities are trying to find ‘‘Statements on Introduced Bills and poses when he was in Iraq, he should a way to release Daqduq without an- Joint Resolutions.’’) have been brought to Guantanamo gering the White House or embar- Mr. HOEVEN. Thank you, Mr. Presi- Bay. That was the perfect place for him rassing the President ahead of the elec- dent. I note the absence of a quorum. to be detained. This should have been tion. Well, no one should be surprised The PRESIDING OFFICER. The an open-and-shut case. But President that Iraq will not turn him over. We clerk will call the roll. Obama and Attorney General Holder were concerned from the beginning The assistant legislative clerk pro- have obstinately clung to the failed that this would happen. ceeded to call the roll. law enforcement approach to counter- The administration knew well before The PRESIDING OFFICER. The Sen- terrorism. They just have. It has been it handed over Daqduq that its decision ator from Alabama. a dispute all the way through the cam- was an abdication of its responsibility Mr. SESSIONS. Mr. President, I ask paign and since they took office. They to prosecute a terrorist for war crimes unanimous consent that the order for believe in treating foreign enemy com- against American soldiers—the murder the quorum call be rescinded. batants as normal criminal defendants of American soldiers. The administra- The PRESIDING OFFICER. Without entitled to U.S. constitutional protection knew if the Iraqi courts failed to objection, it is so ordered. tions and civilian trials. This is con- bring him to justice, we may never get TERRORIST DETAINMENT trary to history and contrary to the a second chance. That was known. And Mr. SESSIONS. Mr. President, it was laws of war. It is contrary to our treaty they knew that Iraq would not agree to reported today that Iraq has denied the obligations. Other nations don’t do an extradition request. That has been request of the United States to extra- this. their policy. So the fact of the matter dite senior Hezbollah field commander The problem began when, upon tak- is we wouldn’t be in this position if we and confessed terrorist Ali Mussa ing office, the President decided to ban had prosecuted Daqduq when we had Daqduq, who was recently ordered re- any new additions to the prisoner pop- the opportunity. But now, not only is leased by the Iraqi court after our gov- ulation at Guantanamo Bay. We re- justice perverted, but he could be re- ernment turned him over to Iraqi cus- member that. He didn’t like Guanta- turned to the battlefield to kill more tody when our troops left the country. namo Bay. He thought that was some Americans, Iraqis, and others. The administration had years to bad place. So if he transferred Daqduq, Unfortunately, Daqduq was not the transfer Daqduq to our detention facil- or anyone else, for that matter, to first, nor will he be the last, example of ity at Guantanamo Bay, but because Gitmo, he would anger certain of his this administration’s unwillingness to the President seemed to lack the polit- supporters and violate some of his im- confront dangerous terrorists effec- ical will to do so—I think because of provident campaign promises, one of tively and to process them effectively. campaign promises he improvidently which was to the effect that Gitmo was In July of 2009, Senator JON KYL and made—one of the most dangerous, rep- a cause of terrorism, not a way to pre- I wrote President Obama urging him to rehensible terrorists ever in our cus- vent terrorism and prevent terrorists adhere to this Nation’s longstanding tody will likely be allowed to go free. from murdering innocent civilians and policy of not negotiating with terror- We should never have been in this posi- attacking our military. ists and not to release the Khazali tion. So when the report surfaced that the brothers—two of the top Iraqi terror- I and others saw this coming and we administration planned to transfer ists trained by Daqduq who were pleaded with the administration not to Daqduq to the United States for a civil- complicit in the Karbala massacre in allow it to happen. Sadly, our warnings ian trial—that was the first report, 2009; but they went forward—in ex- fell on deaf ears and, sadly, we were that he would be brought here for a ci- change for the release of British hos- proven correct. Daqduq is responsible vilian trial—my colleagues and I wrote tages held by the terrorist organization for the torture and murder of five to the Attorney General urging him to called the League of the Righteous. American servicemen in Karbala, Iraq, reconsider and try him before a mili- President Obama authorized the including PVT Jonathan Millican of tary commission. For a time, the At- Khazalis’ release as part of what the Locust Fork, AL, who was post- torney General appeared to have re- Iraqi Government called its ‘‘reconcili- humously awarded the Silver Star for lented. But a few months later, it was ation efforts’’ with insurgent groups.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5948 CONGRESSIONAL RECORD — SENATE August 2, 2012 But in reality, this release was a thinly individuals, including high-value de- The country cannot afford to con- veiled ploy to use Iraq as a middleman tainees. tinue down this dangerous path, espe- in a terrorist-for-hostage exchange in In August 2011, the Washington cially in light of the impending with- direct violation of President Reagan’s Post—last August—reported: drawal of our troops from Afghanistan policy not to negotiate with terrorists. U.S. officials say that giving Afghans con- and the administration’s agreement to In fact, there was an Executive order trol over the fates of suspected insurgents transfer detainees in U.S. custody to he issued to that effect. would allow dangerous Taliban fighters to the Kabul Government. The same unac- When Iraq released the Khazalis to slip through the cracks of an undeveloped ceptable result will surely occur. legal system. the League of the Righteous, the ter- The President is the Commander in I will tell you what that means. It rorist group responded by releasing five Chief. He has serious responsibilities, means they will not be able to keep British hostages, but, sadly, four of and one is to defend the honor, the dig- them in those jails. History shows them had already been executed. Qais nity, and the credibility of the United that. They will get their way out of Khazali immediately, upon his release, States. I do not believe we are doing so there—through violence, through brib- resumed his position as leader of the when we are dealing with terrorists ery, through threats, or some other terrorist group and orchestrated the who double-cross us at every turn. He kidnapping of a U.S. civilian con- mechanism, and that is what is continuing to happen. It is a big concern of has a duty to those magnificent troops tractor in Baghdad less than a month the military. As a Federal prosecutor, who have answered his call to go into after his release, and Abdul Reza who observed this particular issue over harm’s way to execute U.S. policy. Shahlai, an Iranian Quds Force officer the years in Iraq and Afghanistan, it Part of that duty is not to give away now in Iraq—the Quds Force is one of has been a source of concern to me. what they have fought and bled for, not the most loyal and vicious parts of the In March of this year, the adminis- to give it away after they fought and Iranian regime—helped Khazali and tration agreed to a gradual transfer of bled for it, and captured these people. Daqduq plan the Karbala massacre and control of the prison to the Afghan That includes not giving up prisoners helped coordinate the attempt to assas- Government over a period of 6 months, whom these soldiers, at great risk and sinate the Saudi Arabian Ambassador with the United States holding veto effort, have captured—terrorists who to the United States on U.S. soil. Do power over the release of certain pris- seek to destroy what we have, terror- you remember that? That is the same oners. However, the Washington Post ists we have worked so hard to capture, guy. reported in May—just May of this terrorists who may return to kill more Despite this alarming track record year—that the administration has been Americans and more Afghans. and the obvious lessons to be learned secretly releasing high-value detainees This policy cannot be defended. It from its previous mistakes, the admin- held in Afghanistan in exchange for has to end. So I urge the President and istration recently insisted on engaging certain ‘‘promises of support’’ from his team to act forcefully now. It may in negotiations with the Taliban to re- leaders of insurgent groups. not be too late. With strong action we lease five terrorist detainees from Now, how long do you think that will may be able to ensure that Daqduq is Guantanamo Bay—detainees who were last? Once we release the prisoner, they not released, that he is able to be tried categorized previously as ‘‘too dan- are out, but the promises by some for the murders he committed and the gerous to transfer’’ by the administra- Taliban or some terrorists are not American soldiers he killed. tion’s own Guantanamo Review Task going to be honored. Not only do some I thank the Presiding Officer and Force—and they were to be released in of these prisoners have ties to Iran or suggest the absence of a quorum. exchange for the Taliban’s promise in al-Qaida and other terrorist organiza- The PRESIDING OFFICER. The Afghanistan to ‘‘begin’’ talks with the tions that continue to attack our clerk will call the roll. Afghan Government. troops, but their release is not even The assistant legislative clerk pro- Negotiating, I suggest, with terror- conditioned on them severing their ceeded to call the roll. ists is not a profitable enterprise, and contact with the insurgent groups. Mr. CHAMBLISS. Mr. President, I in effect that is what that was. Three According to the Washington Post, ask unanimous consent that the order of the five have ties to al-Qaida. An- the administration has approved these for the quorum call be rescinded. other met with Iranian officials on be- releases in part because they do not re- The PRESIDING OFFICER (Mr. half of the Taliban immediately fol- quire congressional approval. That is BEGICH). Without objection, it is so or- lowing 9/11 to discuss Iran’s offer of what they report. It also has been re- dered. weapons and support to attack U.S. ported that the administration is at- Mr. CHAMBLISS. Mr. President, I forces in Afghanistan. Another de- tempting to repatriate some of the 50 ask unanimous consent to speak as in tainee then under consideration, Mo- most dangerous militants over which morning business. hammad Fazl, is a close friend of the the United States currently retains The PRESIDING OFFICER. Without supreme Taliban commander, Mullah custody to Pakistan and other Arab objection, it is so ordered. Omar, who is accused of killing thou- countries—this in the face of reports sands of Afghan Shiites, and who was from the Director of National Intel- GEORGIA PEANUT COMMISSION ANNIVERSARY responsible for the prison revolt that ligence that nearly 28 percent of former Mr. CHAMBLISS. Mr. President, I claimed the life of CIA Officer Johnny Gitmo detainees are either confirmed rise to commemorate the 50th anniver- Michael Spann, the first American or suspected to have returned to the sary of the Georgia Peanut Commis- killed in Afghanistan and, incidentally, battlefield to attack America and our sion. In 1961, Georgia peanut farmers another brave Alabamian. allies. That is 28 percent. How many came together to form a commission As time has passed, it has become are doing so and we have not yet prov- that would promote their industry, clear that the policy of not negotiating en that they have been in the game? I perform research, educate the commu- with terrorists is sound and essential, suspect many more than that 28 per- nity, and conduct outreach around the and the administration’s actions in cent. State. Thus, the Georgia Peanut Com- violation of that policy have failed and So the question inevitably arises: mission was born. they are dangerous. When American detention operations We have come a long ways since 1961. Indeed, the administration’s failed in Afghanistan come to an end, where As we celebrate this 50th anniversary, terrorist detention policies appear to will the administration take those 50 it is important to note that Georgia have led to a policy that favors killing or so dangerous prisoners, assuming it peanut farmers in 1961 harvested 475,000 rather than capture and interrogation has not already negotiated with other acres of peanuts with an average yield of enemy combatants. It is an odd insurgent groups for their release? If of 1,200 pounds per acre. But thanks to event, but it does appear to have some they are not going to release them, the evolution of technology and tech- truth to it. what are they going to do with them? niques and the hard work and the inno- So today we face a situation in Af- Once again, the administration has vation of Georgia’s peanut farmers, ghanistan that is similar to that which kicked the can down the road, just as farmers in 2011 in Georgia harvested we faced in Iraq in 2009. Parwan Prison it did in Iraq, which eventually cul- the same amount of land with a yield currently houses roughly 2,000 to 3,000 minated in the Daqduq mess. of more than 3,500 pounds per acre.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5949 Agricultural producers face a com- afraid of? Why will they not allow a The PRESIDING OFFICER. Is there bination of challenges, including un- vote? objection? predictable weather and market vola- When the health care bill was work- Mr. REID. Mr. President, reserving tility that determine profit or loss in ing its way through Congress, you will the right to object, there is no other any given year. Through the Georgia recall, former Speaker of the House way to say this than my Republican Peanut Commission, Georgia peanut PELOSI famously said: We need to pass friends are hopelessly stuck in the farmers have persevered through the the bill to find out what is in it. Now past. They continue to want to fight hardships. Georgia leads the Nation in that we have had some time to study battles that are already over. peanut production, producing nearly 50 its consequences, I can’t think of any At the beginning of this Congress, percent of our Nation’s annual crop. reason why Senators wouldn’t want to when we were trying to pass an air Anyone who has ever stopped by a stand and be counted with a vote on transportation bill, the Republican congressional office on Capitol Hill and the floor either for or against repeal. leader offered an amendment to repeal taste-tested the complimentary pea- Does ObamaCare get a passing grade the Affordable Care Act. On February 2 nuts we offer can thank the Georgia or not? That is all I asked for on Tues- of last year, the Senate voted that Peanut Commission. Those little red day, a vote to either reaffirm or repu- amendment down. It was defeated. bags are recognized by hungry con- diate the votes we all took on In March of this year, when we constituents and staffers alike as a symbol ObamaCare based on everything we sidered the highway jobs bill, Repub- of Georgia agriculture. know about it now that we didn’t know licans insisted on voting on stopping Annually, the commission distributes back then. women from getting contraceptive cov- 2 million of those little red bags. The It has been clear, in my view, that erage—part of the Affordable Care Act. peanut industry is vital to Georgia’s the Democratic health care law is mak- On March 1, the Senate voted that economy, contributing some $2 billion ing things worse and should be repealed amendment down. Just this week, when we have been annually, and creating nearly 50,000 in full. A week doesn’t seem to pass considering a bill to protect our coun- jobs across the sector. In the past 50 that we don’t learn about some prob- try from cyber attack, the Republican years, peanut farmers with the help of lem this law creates or doesn’t solve. There is a headline in the Wall Street leader gave notice that he wanted once the commission have reduced produc- Journal today: ‘‘Small Firms See Pain again to offer an amendment to repeal tion costs through research and have in Health Law.’’ And just yesterday we the Affordable Care Act. Remember, worked to stimulate and increase con- learned it will increase Federal spend- the House has already voted 34 times to sumption. ing and subsidies on health care by $580 repeal the Affordable Care Act. I re- Last year, the Georgia Peanut Com- billion, which means even after you peat, they are hopelessly stuck in the mission broke ground at the site for its count the more than $700 billion it past. new headquarters in Tifton, GA, which takes out of Medicare, it still increases They are stuck in the past when be- will be the first net-zero energy build- Federal health spending and subsidies fore the Affordable Care Act, insurance ing affiliated with State government in by more than one-half of $1 trillion. companies didn’t have to pay for pre- Georgia. There are many changes hap- So let’s have a vote. Let’s have a ventive care. They are stuck in the pening in rural America. The facade of vote: Is ObamaCare making things bet- past when before the Affordable Care these rural towns may look different ter or worse? Let’s show the American Act, there was a gap in coverage for year after year, but the challenges con- people where we stand. It is what the seniors’ prescription drugs. That is the fronting our small towns and commu- American people want. It is a vote they doughnut hole that we are filling. Re- nities have not changed. The Georgia deserve. publicans are stuck in the past when Peanut Commission has been critical When my friends on the other side before the Affordable Care Act passed, to the foundation of not just rural are represented on the floor, I will ask insurance companies didn’t have to Georgia but our entire State’s econ- consent for a vote that would follow allow young adults up to age 26 to stay omy. the completion of cyber security, so I on their parents’ health insurance. I am proud to recognize the work the will defer on asking that consent until I have spoken here at least a half a Georgia Peanut Commission has done the majority leader or one of his rep- dozen times about my friend from for our State and congratulations to resentatives comes to the floor. Searchlight, NV, who, at 22 years old, them on their 50th anniversary. Mr. President, I suggest the absence went off his parents’ insurance. The I yield the floor, and I suggest the ab- of a quorum. time ran out. Within weeks, he was di- sence of a quorum. The PRESIDING OFFICER. The agnosed with testicular cancer. It The PRESIDING OFFICER. The clerk will call the roll. about broke his parents. He had no in- clerk will call the roll. The assistant bill clerk proceeded to surance and had two surgeries. That The assistant legislative clerk pro- call the roll. will not happen in the future. This ceeded to call the roll. Mr. MCCONNELL. Mr. President, I young man was in college. That is what Mr. MCCONNELL. Mr. President, I ask unanimous consent that the order this is to protect. ask unanimous consent that the order for the quorum call be rescinded. They are stuck in the past when be- for the quorum call be rescinded. The PRESIDING OFFICER. Without fore this act passed, insurance compa- The PRESIDING OFFICER. Without objection, it is so ordered. nies could deny coverage to people be- objection, it is so ordered. Mr. MCCONNELL. Mr. President, I cause of preexisting conditions. And, UNANIMOUS CONSENT REQUEST—H.R. 6079 would say to my friend, the majority by the way, one of those conditions was Mr. MCCONNELL. Mr. President, ear- leader, I have already made some com- being a woman; or diabetes; or if a lier this week, the majority leader and ments about why I will be propounding woman had been a victim of domestic a number of his colleagues took to the the consent agreement I now propound abuse. They are stuck in the past when floor to defend the President’s health with him here on the floor. insurance companies could charge care law and to tout provisions they I ask unanimous consent that imme- women more than men. Republicans believed to be popular with the public. diately following the disposition of the are stuck in the past when women What they didn’t do was allow a vote pending cyber security bill, but no didn’t have access to the services they on the entirety of the bill, which later than September 28, the Senate need. They are stuck in the past when proves to be even more of a disaster proceed to the consideration of Cal- insurance companies could drop your with each passing day and which the endar No. 451, H.R. 6079, an act to re- coverage when you got sick or set some majority of Americans continue to vig- peal the President’s health care bill or arbitrary limit on how much insurance orously oppose. the so-called ObamaCare; further, that would pay. Put another way, Senate Democrats there be 1 hour of debate on the bill, no I have talked about a man in Las spent nearly an entire day talking amendments be in order to the meas- Vegas who was badly injured, living a about parts—parts—of ObamaCare that ure, and following that debate the bill pretty decent life even though he was polled well but refused to spend 15 min- be read a third time and the Senate paralyzed—and suddenly he finds he utes being caught on camera voting to proceed to the vote on passage, with no has no insurance, which led him into uphold the entire law. What are they intervening action or debate. an awful situation.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5950 CONGRESSIONAL RECORD — SENATE August 2, 2012 Republicans are stuck in the past So I object. for working with me to find an accept- when insurance companies could use The PRESIDING OFFICER. Objec- able offset for this legislation, which premium dollars for bonuses for the tion is heard. would have had an impact on the Na- bosses rather than health care. All Mr. REID. Mr. President, I suggest tional Energy Technology Laboratory, around America this month there will the absence of a quorum. NETL, located in West Virginia. NETL be hundreds of thousands of people who The PRESIDING OFFICER. The does critically important research on will be getting a rebate because insur- clerk will call the roll. improving the safety and environ- ance companies weren’t spending The assistant bill clerk proceeded to mental sustainability of offshore oil enough money on them but, rather, on call the roll. and gas development and importantly their own salaries. We set a limit: You Mr. REID. Mr. President, I ask unan- for my State they are working on iden- have to spend 80 percent of a premium imous consent that the order for the tifying measures that can be taken to to help people get well. They are stuck quorum call be rescinded. reduce the environmental impact and The PRESIDING OFFICER. Without in the past and they want to return to improve the safety of shale gas produc- objection, it is so ordered. when insurance companies were king. tion. I am pleased that we will be able Mr. REID. Mr. President, I believe we They are hopelessly stuck in the past. to switch out the objectionable offset are now on a motion to proceed to S. But there was a vote that we should and move this bill forward quickly as 3457; is that correct? all focus on, on the Affordable Care The PRESIDING OFFICER. That is soon as we return from recess. Act. It was a 5–4 vote that upheld that correct. f bill. The Supreme Court of the United CLOTURE MOTION States did that. But I guess they didn’t MORNING BUSINESS Mr. REID. I have a cloture motion at get the news. The Supreme Court ruled the desk. Mr. REID. Mr. President, I ask unan- the act is constitutional. It is the law The PRESIDING OFFICER. The clo- imous consent that the Senate proceed of the land now. ture motion having been presented to a period of morning business, with We need to move on. They need to under rule XXII, the Chair directs the Senators allowed to speak for up to 10 catch up on the fact that people want clerk to read the motion. minutes each. us to work to create jobs, whether it is The legislative clerk read as follows: The PRESIDING OFFICER. Without in Alaska, Nevada, Kentucky—any of CLOTURE MOTION objection, it is so ordered. the States. But they want us to vote on We, the undersigned Senators, in accord- f repealing the Affordable Care Act. ance with the provisions of rule XXII of the On July 19, they blocked us from vot- Standing Rules of the Senate, hereby move DISABILITIES CONVENTION ing on a bill to prevent outsourcing to bring to a close debate on the motion to Mr. REID. Mr. President, the Disabil- jobs—which, by the way, their Presi- proceed to Calendar No. 476, S. 3457, a bill to dential nominee is very good at doing. require the Secretary of Veterans Affairs to ities Convention enjoys strong bipar- Now they want us to vote on repealing establish a veterans jobs corps, and for other tisan support in the Senate, with Sen- the Affordable Care Act. purposes. ators McCAIN, DURBIN, KERRY, BAR- On July 12, they blocked passage of Harry Reid, John F. Kerry, Bernard RASSO, COONS, TOM UDALL, MORAN, and the small business jobs bill that would Sanders, Kent Conrad, Al Franken, HARKIN leading the charge to ratify the Tom Udall, Christopher A. Coons, Mark Convention. With their help, I hope we have helped small businesses all over Begich, Patty Murray, Bill Nelson, this country. They wanted to vote on will be able to move this treaty for- Amy Klobuchar, Thomas R. Carper, ward in the future. repealing the Affordable Care Act. Robert Menendez, Jim Webb, Kirsten But on March 29, they blocked a bill E. Gillibrand, Jeff Merkley, Jack Reed. Twenty-two years ago, Congress passed the Americans with Disabilities to promote renewable energy. Mr. REID. I ask unanimous consent Act to lift the barriers Americans with On March 13, they blocked Senator that the mandatory quorum under rule disabilities faced in everyday life. And STABENOW’s amendment to extend ex- XXII be waived and that the vote with ever since the passage of that law, the piring energy tax credits. respect to this motion occur at 2:15 on United States has been a leader in ex- They wanted to vote on the Afford- Tuesday, September 11. able Care Act, and they stopped us The PRESIDING OFFICER. Without panding disability rights across the from proceeding to put workers back objection, it is so ordered. globe. on the job building and modernizing Mr. ROCKEFELLER. Mr. President, I We have led, other countries have fol- America, and that was done on Novem- would like to thank Chairman MURRAY lowed, and persons with disabilities ber 3. for her work on the Veterans Jobs have found ever greater opportunities On October 20, they blocked the mo- Corps Act. to succeed. Now we are presented with tion to proceed to a bill to keep teach- The unemployment rate for our an opportunity to strengthen our leaders and first responders on the job. young, returning veterans is higher ership on disability rights around the They so badly want to go back and than that national average, and this is world by joining the Convention on the fight these old battles that they a travesty. This important bill would Rights of Persons with Disabilities. blocked a motion to proceed to the invest $1 billion in creating a Veterans This convention is another step to- American Jobs Act. Jobs Corps to help our veterans transi- wards ensuring that all people with a They blocked us on a bill to reau- tion into civilian life and get job place- disability, in any country, are treated thorize the Economic Development Ad- ments in important areas of law en- with dignity and given the right to ministration, something that has been forcement, first responders positions, achieve to their full potential. done as a matter of fact in the past, or positions in parks and forests in- Let me read part of a recent state- creating thousands of jobs in America. volving restoration and protection of ment to the Foreign Relations Com- They wanted us to vote on repealing our public lands. mittee from one of my esteemed prede- the Affordable Care Act. The bill makes other strategic in- cessors, former Senate Majority Leader One day last year, after weeks of de- vestments to improve our infrastruc- Bob Dole, recipient of two Purple bate, they blocked the bill to improve ture to help veterans with their job Hearts and a Bronze Star for heroic small business innovation. That, by the search. Veterans deserve access to achievement, who was wounded fight- way, is one of the programs that has Internet at one-stop job centers, as ing for our country in World War II. done so many interesting things, in- well as qualified outreach specialists to U.S. ratification of the [Convention] will cluding inventing the electric tooth- help disabled veterans seek employ- improve physical, technological and commu- brush. ment. It is designed to help ensure that nication access outside the U.S., thereby Republicans are hopelessly stuck in veterans get the credit they deserve for helping to ensure that Americans—particu- the past. They need to stop trying to larly, many thousands of disabled American their training and military experiences veterans—have equal opportunities to live, repeal a law enacted 3 years ago. The when they seek civilian certification work, and travel abroad. . . . An active U.S. Supreme Court has declared it con- and licenses. presence in implementation of global dis- stitutional. Let’s move on to try to get I would also like thank Leader REID ability rights will promote the market for jobs for people. and Chairman MURRAY and their staffs devices such as wheelchairs, smart phones,

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5951 and other new technologies engineered, in life, he moved to a farm on the be a liar,’’ Phil wrote. ‘‘So Prich and I made, and sold by U.S. corporations. Paris-Lexington Pike. His youth in had to be enemies.’’ This convention will help U.S. citi- Bourbon County forever left an imprint This story does, however, have a zens and veterans abroad, and U.S. on him, and he loved to share his love happy ending. Although friction re- businesses here at home. And it won’t for the area with others. mained between the Ardery and cost us anything. It won’t require any Phil graduated Phi Beta Kappa from Prichard families, in 1976, Prichard fi- changes to existing U.S. law and or the University of Kentucky in 1935 and nally admitted his guilt in a newspaper new contributions to the United Na- graduated from Harvard Law School in interview. In 1984, Ardery reached out tions. 1938. Also in his Harvard Law class was to his old friend, who was by then blind As we watch the Olympics this week Phil’s boyhood friend from Bourbon due to diabetes. Phil paid the expenses and admire the incredible feats of all of County, Edward F. Prichard, Jr. for the two men to visit Harvard for a the athletes, we are reminded of what After law school, Phil joined the celebration of the 100th anniversary of each of us can achieve. Army Air Corps, and during World War the birth of their former law professor, Just look at Oscar Pistorius from II he became a B–24 squadron com- Supreme Court Justice Felix Frank- South Africa—also known as the— mander. Phil flew a full combat tour of furter. ‘‘Blade Runner,’’ who this Saturday 25 missions, dropping bombs on Nor- After watching a friend’s son strug- will run the 400-meter sprint in the way, Austria, Crete, Italy, France, Bel- gle with schizophrenia, Phil helped Olympics on carbon-fiber legs. gium, and Holland. He then volun- found what has become Wellspring, a Or watch Jessica Long, an American teered for one more mission on D-day network of 19 facilities that provides gold-medal bilateral amputee swim- and commanded a division of about 200 housing and rehabilitation to people mer, participate in her third pilots. For his bravery in uniform, Phil with severe and persistent mental ill- Paralympics Games at the age of 20. was awarded the Silver Star, the Dis- ness. Wellspring has helped more than This convention will help make the tinguished Flying Cross, and the 6,000 people over its 30 years in exist- path smoother for Olympians such as French Croix de Guerre. He later wrote ence, thanks in large part to millions Oscar and Jessica. a book about his war exploits, called of dollars raised by Phil. It has the support of veterans group ‘‘Bomber Pilot: A Memoir of World War Phil also helped found the Brain & and disability groups from around the II.’’ Behavior Research Foundation, a na- Nation. It has the strong backing of a While still training as a pilot in tional mental health research group bipartisan group of Senators as well as Texas, Phil met the woman who would that has awarded roughly $300 million leading Republicans such as President become his wife, Anne Stuyvesant in grants to scientists around the George H.W. Bush and Senator Dole. Tweedy. Together they had four chil- world in the past 25 years. Phil served as the first commander of Just like passing the Americans with dren. They married on December 6, the Kentucky Air National Guard, and Disabilities Act, ratifying this Conven- 1941, the day before the attack on Pearl led it during the Korean War in Eng- tion is, quite simply, the right thing to Harbor. land, where he served as a NATO wing do. After the war, Phil practiced law base station commander. He retired with a focus on representing the elec- f with the rank of major general in 1965. tric cooperatives bringing power and As a pilot in London, he met and be- REMEMBERING PHILIP lights to rural Kentucky. A loyalist of friended famous names like Edward R. PENDLETON ARDERY Franklin D. Roosevelt’s, he would re- Murrow and T.S. Eliot. Mr. MCCONNELL. Mr. President, I main committed to the ideals of New Phil’s many philanthropic activities rise today to pay tribute to an honored Deal liberalism for the rest of his life. also include service as director and Kentuckian and a man of great accom- He ran for office a few times, including president of the Frazier Rehab Center, plishment who leaves behind a tow- in the Democratic primary for a Senate as a director of the Jewish Hospital ering legacy of service with his pass- seat in 1946 and in the general election Health Care Systems, and as a member ing. Mr. Philip Pendleton Ardery of for the House of Representatives seat of the Kentucky Horse Park Founda- Louisville, KY, passed away on July 26, from Kentucky’s Third District in 1956. tion, the Kentucky Humanities Coun- 2012, at his home. He was 98 years old. He lost both those races, but did win a cil, and the executive committee of the Mr. Ardery’s life story reads like a race for Jefferson County Fiscal Court Kentucky Historical Society. He was well-written novel of action, suspense, in 1958. the chairman of the American Heart and drama or several novels, given how Meanwhile, Phil’s longtime friend Association and the Kentucky Heart much living he packed into his 98 and Harvard Law School classmate Ed- Association. years. A war hero, philanthropist, au- ward F. Prichard, Jr., was having quite I know several members of the thor, public servant, and committed the political career in President Roo- Ardery family well, and I want to con- flag bearer of New Deal liberalism, he sevelt’s administration. Known in Ken- vey my and Elaine’s deepest condo- made such a profound impact on my tucky as ‘‘the boy wonder,’’ it was a lences to all those who knew and loved hometown of Louisville, the Common- near certainty that Prichard would run Philip Ardery. We are particularly wealth of Kentucky, and our Nation for Governor or Senator someday, and thinking today of his wife, Anne; his that I feel compelled to come to the almost surely win. son and daughter-in-law Joseph and floor and say a few words about his But a dramatic twist that would ruin Anne; his son and daughter-in-law passing. the two men’s friendship caused that Philip and Cecilia; his daughter and I have great admiration and respect not to be. Prichard came to Phil and son-in-law Julia and William; several for Phil and his remarkable life. That confessed to him that he had partici- grandchildren; and many other beloved may surprise some, given that he and I pated in a crime. Phil took Prichard to family members and friends. Phil was did not have a lot in common with re- Phil’s father, who was a Bourbon Coun- preceded in death by his son Peter. spect to our political or ideological ty circuit judge at the time, to relate As I hope I have made clear, Philip views. I am certain that much of what his story. This chain of events eventu- Ardery packed an amazing amount of I have done in my career in public life ally led to Prichard’s conviction of success and accomplishment in his long did not please him one bit. Having said stuffing the ballot box in the State’s and rich life. We can be grateful that that, every American, no matter where 1946 election. He was sentenced to 2 such a devoted public servant was you stand on the political spectrum, years in Federal prison. granted so much life on this Earth to has to recognize the extent of Philip In yet another book Phil wrote, a do his good works. There is no doubt Ardery’s commitment to service. Serv- memoir titled ‘‘Heroes and Horses: that thousands of people—from the ice was the watchword of his life, be it Tales of the Bluegrass,’’ Phil wrote rural Kentuckian who needed elec- service to State, Nation, or those less that it was not Edward’s crime in and tricity, to the beneficiaries of his char- well off than himself. of itself that created the rift between itable work, to the many whose lives Phil was born in 1914 in Lexington, the two friends, but his public denial of were saved thanks to his service in uni- KY, the son of William Breckinridge wrongdoing. ‘‘That put [him] in the po- form—have reason to be thankful for and Julia Hoge Spencer Ardery. Later sition of making my father appear to Mr. Ardery.

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Deacons with The Episcopal Diocese of Lex- and harsh treatment. This brave Ken- f ington, where she served as a chaplain of St. tuckian maintained hope and courage Agnes House. She was very devout to her throughout these hardships and was fi- REMEMBERING JANIE CATRON calling and held a particular interest in pas- nally liberated by Allied Forces in Sep- Mr. MCCONNELL. Mr. President, toral care. She was selfless and giving in her tember 1945. Morgan’s military service today I rise in memory of Janie Catron actions, words, and deeds, and genuinely en- did not end with World War II, how- joyed helping to improve the lives of those ever. Following his nearly three-and-a- of Corbin, KY. Elaine and I mourn the around her. A registered nurse by profession, passing of our dear friend Janie, who she also enjoyed Kentucky politics and half years as a POW, he returned to ac- served as my field representative in worked for 10 years as the eastern Kentucky tive duty, served two tours in the Ko- eastern Kentucky for many years when field representative for U.S. Sen. Mitch rean War, and became a member of the I was first elected to the Senate. She McConnell. She will be fondly missed by all Kentucky National Guard. Morgan re- was a great friend and she will be who knew her. tired from the military in 1962 after 23 missed. Elaine and I send our condo- Janie is survived by her children, Frances years of service. He continued to work lences to Janie’s family and to all Catron Cadle (Ron), Lexington; Reba Catron selflessly as a civilian, teaching at the Beirise (Tim), Lexington; Dr. Charles Paul those who knew her. U.S. Army Armor School at Fort Knox Catron (Nicky), Vidalia, Ga.; and James Born on July 2, 1940, in Eubank, KY, Catron (Lillian), London; a sister, Kay until 1984. to Jesse and Pauline Griffin, Janie was Denham (Jackson), Somerset; a brother, Jeff Morgan and his wife, Maxine—who a registered nurse by trade. She was or- Griffin (Sue), Eubank; one daughter-in-law, preceded him in death—made Radcliff dained in the Sacred Order of Deacons Sharon Wagers, Rome, Ga.; grandchildren, their home for almost half a century. I with the Episcopal Diocese of Lex- Matthew Alexander, Caneyville; Laura can’t think of a more fitting tribute ington and began serving as Chaplain Catron, Lexington; Frank Thomas, Frank- than for the U.S. Army to name the of St. Agnes House. She also was my fort; Frank H. ‘‘Hank’’ Catron III, Rome, Warrior Transition Battalion barracks Ga.; Takoda and Emily Hacker, London; eastern Kentucky field representative at Fort Knox after Morgan French, an Mary Lauren and Julia Catron, Vidalia, Ga.; for 10 years. and one great-grandchild, Collin Alexander, American hero. Always interested in politics, Janie Southshore; along with a host of family and was active her whole life in civic serv- friends. f ice to the Commonwealth of Kentucky. She was preceded in death by her son In 1977, she was named the Fifth Dis- Frank H. ‘‘Casey’’ Catron Jr. STOCK ACT trict governor of the Kentucky Federa- Visitation will be held today (Tuesday, tion of Empowered Women. She, be- July 10, 2012) at Kerr Brothers Funeral Mr. MCCONNELL. Mr. President, S. sides aiding me in eastern Kentucky, Home, 3421 Harrodsburg Rd., Lexington, Ky. 3510 addresses the concerns raised by 14 was active in the State central com- from 5 to 8 p.m. of the most highly respected folks in A celebration of Janie’s life will be held on the national security field, from Mi- mittee and even became secretary of Wednesday, July 11, 2012, at 10 a.m. at The the committee. In recognition of her Church of the Good Shepherd, 533 E. Main chael Chertoff to Mike Mcconnell to dedication to Kentucky and the Repub- St., Lexington, Ky. Michael Mukasey, all of whom wrote lican Party, in 1995, she was inducted A visitation will be held on Thursday, July with serious concerns about the appli- into the Fifth District Lincoln Hall of 12, 2012, in her longtime home of Corbin at cation of one provision of the STOCK Fame, which honors Kentuckians who O’Neil Funeral Home, 201 N. Kentucky St., Act requiring online posting of finan- have committed to promoting the val- Corbin, Ky., from 10 a.m. to 1 p.m. with a cial data which would potentially im- ues of the Republican Party. second celebration of life following at 1 p.m. pact the national security and the per- In lieu of flowers, memorial gifts may be Yet, Janie’s legacy is greater than sonal safety of national security and sent to the St. Agnes House, 635 Maxwelton her career and political recognitions. Court, Lexington, Ky. 40508, or to the ALS law enforcement professionals and As a pastor, she will be remembered as Association, Development Department, 27001 their families. These are very serious a woman who aided those around her Agoura Rd., Suite 250, Calabasas Hills, Calif. concerns they have raised, and given and helped improve their lives. As a 91301. that we are on the eve of the August mother, she will be remembered as a f district work period, we do not have selfless woman who always loved her time to adequately address those con- children. As a friend, I will forever ad- TRIBUTE TO MORGAN FRENCH cerns. Thus, this very short bill adopts mire how hard she worked for the peo- Mr. MCCONNELL. Mr. President, I their joint recommendation to delay ple she loved and the causes in which rise today to honor the life of Mr. Mor- implementation until the national se- she believed. gan French, of Radcliff, KY, who curity and personal safety implications Today, I ask my colleagues in the passed away in February 2012 at the can be fully evaluated. Not one change Senate to join me in extending condo- age of 92. The U.S. Army’s Warrior has been made to what is required to be lences to Janie Catron’s children, fam- Transition Battalion at Fort Knox will reported, and there is no change to the ily, and friends. The Times Tribune, a soon be honoring Morgan by naming its longstanding requirement that all publication from Whitley County, KY, barracks after him. Today, I would like these reports are already available in published an obituary that highlighted to pay tribute to this American hero. person. It is for the safety and security Janie’s life achievements. Mr. Presi- Originally from Perryville, KY, Mor- of our brave men and women that we dent, I ask unanimous consent that gan was a military veteran who per- need to ensure they are protected said article appear in the RECORD. sonified the ‘‘greatest generation.’’ He which is exactly what this bill does. There being no objection, the mate- served in the U.S. Army with the re- Mr. President, I ask unanimous con- rial was ordered to be printed in the nowned ‘‘Harrodsburg Tankers,’’ Com- sent to have a letter dated July 19, RECORD, as follows: pany D of the 192nd Tank Battalion. 2012, addressed to congressional leaders [From the Times Tribune, July 10, 2012] The Harrodsburg Tankers—including printed in the RECORD. JANIE CATRON Morgan and his brother, Edward—were There being no objection, the mate- Reverend Janie G. Catron, 72, of Lex- in the Philippines’ Bataan Peninsula in rial was ordered to be printed in the ington, passed away Sunday, July 8, 2012, at the spring of 1942 and came under RECORD, as follows:

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JULY 19, 2012. the government should have access to the fi- these officials to post no personal identi- Re Application of Section 11 of the STOCK nancial information of its senior officials to fying information on the Internet. Pub- Act to National Security Officials. ensure the integrity of government decision lishing the financial assets of these officials Hon. HARRY REID, making, we strongly urge that Congress im- will allow foreign governments, and terrorist Majority Leader, mediately pass legislation allowing an excep- or criminal groups to specifically target United States Senate, tion from the Internet posting requirement these officials or their families for kidnap- Hon. ERIC CANTOR, for certain executive branch officials, in ping, harassment, manipulation of financial Majority Leader order to protect the national security and assets, and other abuse. House of Representatives, the personal safety of these officials and Equally important, the detailed personal financial information—particularly detailed Hon. MITCH MCCONNELL, their families. The STOCK Act was intended to stop in- information about debts and creditors—con- Minority Leader, sider trading by Members of Congress. How- tained in the SF–278s of senior officials is United States Senate, ever, section 11 of the Act, which was added precisely the information that foreign intel- Hon. NANCY PELOSI, without any public hearings or consideration ligence services and other adversaries spend Minority Leader, of national security or personnel safety im- billions of dollars every year to uncover as House of Representatives, plications, requires that financial data of they look for information that can be used Hon. CARL LEVIN, over 28,000 executive branch officials to harass, intimidate and blackmail those in Chairman of the Senate Committee on Armed throughout the U.S. government, including the government with access to classified in- Services, United States Senate, members of the U.S. military and career dip- formation. Yet under the STOCK Act, these Hon. BUCK MCKEON, lomats, law enforcement officials, and offi- SF–278s will be placed on the Internet for Chairman of the House Committee on Armed cials in sensitive national security jobs in any foreign government or group to access Services, House of Representatives, the Defense Department, State Department without disclosing their identity or purpose Hon. JOHN MCCAIN, and other agencies, be posted on their agen- and with no notice to the employees or their Ranking Member of the Senate Committee on cy websites. agencies. We should not hand on a silver Armed Services, United States Senate, It is not clear what public purpose is platter to foreign intelligence services infor- Hon. ADAM SMITH, served by inclusion of Section 11. We are not mation that could be used to compromise or Ranking Member of the House Committee on aware that any transparency concerns have harass career public servants who have ac- Armed Services, House of Representatives, been raised about the adequacy of the exist- cess to the most sensitive information held Hon. JOHN KERRY, ing review process for executive branch offi- by the U.S. government. Chairman of the Senate Committee on Foreign cials, most of whom have devoted their ca- Section 11 could also jeopardize the safety Relations, United States Senate, reers to public service. For several decades, and security of other executive branch offi- Hon. ILEANA ROS-LEHTINEN, executive branch officials have prepared and cials, such as federal prosecutors and others Chairman of the House Committee on Foreign submitted SF–278 financial disclosure forms who are tracking down and bringing to jus- Affairs, House of Representatives, to their employing agencies. The completed tice domestic organized crime gangs and for- Hon. RICHARD LUGAR, forms and the extensive financial data they eign terrorists. Crime gangs could easily tar- Ranking Member of the Senate Committee on contain are carefully reviewed by agency get the families of prosecutors with substan- Foreign Relations, United States Senate, ethics officers in light of the specific respon- tial assets or debts for physical attacks or Hon. HOWARD BERMAN, sibilities of the officials submitting them in threats. Ranking Member of the House Committee on order to identify and eliminate potential Finally, publishing detailed banking and Foreign Affairs, House of Representatives, conflicts of interest. Although the forms brokerage information of executive branch Hon. JOE LIEBERMAN, may be requested by members of the public, officials, especially with their signatures, is Chairman of the Senate Committee on Homeland they are not published in hard-copy or on the likely to invite hacking, financial attacks, Security and Governmental Affairs, United Internet. Moreover, individuals requesting and identity theft of these officials and their States Senate, copies of the forms must provide their families, particularly by groups or individ- Hon. PETER KING, names, occupation, and contact information. uals who may be affected by their govern- Chairman of the House Committee on Homeland Agencies generally notify the filing officials mental work. Security, House of Representatives, about who has requested their personal fi- Given these inevitable adverse national se- Hon. SUSAN COLLINS, nancial information. curity consequences, we urge you to amend Ranking Member of the Senate Committee on In contrast, Section 11 of the STOCK Act the STOCK Act to protect U.S. national se- Homeland Security and Governmental Af- would require that the financial disclosure curity interests and the safety of executive fairs, United States Senate, forms of executive branch officials be posted branch officials by creating an exception Hon. BENNIE THOMPSON, on each agency’s website and that a govern- from the requirements of Section 11 for sen- Ranking Member of the House Committee on ment-wide database be created containing ior executive branch officials with security Homeland Security, House of Representa- the SF–278s that would be searchable and clearances. The exception should also apply tives, sortable without the use of a login or any to other officials based on a determination Hon. DIANNE FEINSTEIN, other screening process to control or mon- by an agency head that an exception is nec- Chairman of the Senate Select Committee on In- itor access to this personal information. essary to protect the safety of the official or telligence, United States Senate, We believe that this new uncontrolled dis- the official’s family. At the very minimum, Hon. MIKE ROGERS, closure scheme for executive branch officials Congress should act to delay implementation Chairman of the House Permanent Select Com- will create significant threats to the na- of Section 11 until the national security and mittee on Intelligence, House of Representa- tional security and to the personal safety personal safety implications can be fully tives, and financial security of executive branch evaluated. Hon. SAXBY CHAMBLISS, officials and their families, especially career If the financial disclosure forms of senior Ranking Member of the Senate Select Committee employees. Placing complete personal finan- executive officials are actually posted on the on Intelligence, United States Senate, cial information of all senior officials on the Internet in August, there will be irreparable Hon. DUTCH RUPPERSBERGER, Internet would be a jackpot for enemies of damage to U.S. national security interests, Ranking Member of the House Permanent Select the United States intent on finding security and many senior executives and their fami- Committee on Intelligence, House of Rep- vulnerabilities they can exploit. SF–278 lies may be placed in danger. This issue is resentatives, forms include a treasure trove of personal fi- too important to be trapped in partisan poli- Hon. PATRICK LEAHY, nancial information: the location and value tics. We urge Congress to act swiftly, before Chairman of the Senate Committee on the Judi- of employees’ savings and checking accounts the Congress goes on its summer recess on ciary, United States Senate, and certificates of deposit; a full valuation August 6. Hon. LAMAR SMITH, and listing of their investment portfolio; a Sincerely, Chairman of the House Committee on the Judici- listing of real estate assets and their value; Richard Armitage, Deputy Secretary of ary, House of Representatives, a listing of debts, debt amounts, and credi- State, 2001–2005; John B. Bellinger III, Part- Hon. CHUCK GRASSLEY, tors; and the signatures of the filers. SF–278s ner, Arnold & Porter LLP; Legal Adviser, Ranking Member of the Senate Committee on include financial information not only about U.S. Department of State, 2005–2009; Legal the Judiciary, United States Senate, the filing employee, but also about the em- Adviser, National Security Council, The Hon. JOHN CONYERS, JR., ployee’s spouse and dependent children. White House, 2001–2005; Joel Brenner, Na- Ranking Member of the House Committee on the Posting this detailed financial information tional Counterintelligence Executive, 2006– Judiciary, House of Representatives. on the Internet will jeopardize the safety of 2009; Inspector General, National Security DEAR CONGRESSIONAL LEADERS: We are executive branch officials—including mili- Agency, 2002–2006; Michael Chertoff, Sec- writing to express concern about section 11 tary, diplomatic, law enforcement, and po- retary of Homeland Security, 2005–2009; of the Stop Trading in Congressional Knowl- tentially intelligence officials—and their Jamie Gorelick, Deputy Attorney General, edge Act (the STOCK Act), which requires families who are posted or travel in dan- 1994–1997; General Counsel, Department of that the financial disclosure forms of senior gerous areas, especially in certain countries Defense, 1993–1994; John Hamre, Deputy Sec- executive branch officials be posted on the in Asia, Africa, and Latin America. Embassy retary of Defense, 1997–2000; Michael Hayden, Internet by August 31. While we agree that and military security officers already advise General USAF (RET); Director of the Central

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Mukasey, Partner, may adjourn or recess for more than three as the opening day of each Senate session be- Debevoise & Plimpton; Attorney General, days without the consent of the other. In cal- tween 1934 and the present, in order to iden- 2007–2009; U.S. District Judge, Southern Dis- culating such a three day period, either the tify sessions which may have satisfied some trict of New York, 1988–2006; John day of adjourning or the day of convening other purpose in addition to compliance with Negroponte, Deputy Secretary of State, 2007– must be included. Sundays are excluded from Article I, Section 5, Clause 4 of the Constitu- 2009; Director of National Intelligence, 2005– the calculation, being considered a dies non tion. On the basis of these data, CRS identi- 2007; Thomas Pickering, Under Secretary of under longstanding parliamentary law. fied two pro forma sessions at which legisla- State for Political Affairs, 1997–2000; Former A chamber can adjourn within the three tive business was conducted, three periods of U.S. Ambassador; Frances Townsend, Assist- day limit, for example, from Thursday to pro forma sessions that allowed the Senate ant to the President for Homeland Security Monday, or from Friday to Tuesday, by sim- to avoid returning nominations to the Presi- and Counterterrorism, 2004–2008; Kenneth L. ply adopting a motion. Should a chamber dent, and six pro forma days that satisfied Wainstein, Assistant to the President for wish to leave for a longer period, however, the constitutional or statutory requirement Homeland Security and Counterterrorism, the other chamber must consent to the ab- that the Senate convene a new session. In 2008–2009; Assistant Attorney General for Na- sence. Historically, for such purposes, the addition, both the Senate and the Executive tional Security, Department of Justice, 2006– two houses have most often adopted a con- Branch take pro forma sessions into account 2008; Juan Zarate, Deputy National Security current resolution through which each con- in calculating various required time periods Advisor, Combating Terrorism, 2005–2009; As- sents to the absence of the other for a speci- pursuant to expedited procedure statutes. sistant Secretary of the Treasury, Terrorist fied period. The following sections discuss each of these Financing and Financial Crimes, 2004–2005. In the normal course of business, party categories in turn. f leaders in one or both chambers may wish to The instances cited in this memorandum PRO FORMA SESSION schedule periods of absence that exceed the three day constitutional limit by only a cannot be said to be exhaustive, but are in- APPOINTMENTS short period, perhaps by as little as one day. tended to underscore the idea that pro forma Mr. MCCONNELL. Mr. President, in It is not uncommon, for example, for the Senate sessions may be motivated by factors January of this year the President of House or Senate to adjourn from Thursday other than complying with the constitu- the United States made several ap- to Tuesday, or from Friday to Wednesday. In tional limit on adjournments, and may sat- pointments without obtaining the Sen- instances of this type, the chambers have isfy the requirements of other procedural au- ate’s advice and consent. He asserted evolved a practice of holding a short session thorities, including other provisions of the sometime during the absence to comply with Constitution, Senate rules, and statutes. that the Recess Appointments Clause the constitutional limit described above. of the Constitution authorized these Such ‘‘pro forma’’ sessions, or sessions held PRO FORMA SESSIONS AT WHICH LEGISLATIVE appointments, even though the Senate for the sake of formality, allow a chamber to BUSINESS WAS CONDUCTED was conducting a series of pro forma comply with the Constitution but not expend Using information from the Legislative In- sessions at the time of the appoint- the time or trouble of acting on an adjourn- formation System of the U.S. Congress (LIS) ments. According to the administra- ment resolution. In most cases, little or no and relevant issues of the daily Congres- tion, these pro forma sessions had no business is conducted during such sessions sional Record and Senate Calendar of Busi- legal effect on the President’s author- because it is generally understood that few ness, CRS identified 114 pro forma sessions of Members are present, and that the primary the Senate which occurred between January ity under this Clause because pro purpose of the meeting is to obviate the need forma sessions do not allow the Senate 4, 2005 and March 8, 2012. These pro forma to agree to an adjournment resolution. The sessions are identified in Table 1. to perform its constitutional functions Senate often adopts an order by unanimous or conduct business. The Congressional consent which specifies that such a meeting Of these 114 pro forma meetings of the Sen- Research Service has found, however, or series of meetings is to be pro forma and ate, CRS identified two at which legislative that pro forma sessions, such as the that no legislative business is to be con- business appears to have been conducted. On ducted on such days. both of these occasions, the two houses had ones occurring during the time of these agreed to no adjournment resolution, so that so-called recess appointments, have It is important to note that the term pro forma describes the reason for holding the the Senate was required to meet in order to satisfied—and continue to satisfy—nu- session, it does not distinguish the nature of avoid violating the constitutional prohibi- merous Constitutional, statutory, and the session itself. In common congressional tion on absences of more than three days legislative requirements, and that the usage, Members and staff often use the term length. The days in question are: Senate, in fact, has conducted business pro forma as being synonymous with a ses- December 23, 2011: On this day, the Senate during such sessions. The Congres- sion at which no business will be conducted. adopted an order by unanimous consent sional Research Service also has found While the primary purpose of a pro forma which provided for Senate passage of a H.R. that the administration has repeatedly session of the Senate may be to comply with 3765, a House measure extending the, ‘‘pay- recognized the legal validity of pro the constitutional strictures on adjourn- roll tax, unemployment insurance, TANF, ment, a pro forma session is not materially and the Medicare payment fix.’’ The consent forma sessions for purposes of satis- different from other Senate sessions. While, fying these various requirements. I ask order further provided that upon receiving a as noted above, the Senate has customarily message from the House of Representatives unanimous consent that the analysis of agreed not to conduct business during pro requesting a conference with the Senate on the Congressional Research Service forma sessions, no rule or constitutional pro- H.R. 3630, the Middle Class Tax Relief and from March 8, 2012 entitled ‘‘Certain vision imposes this restriction. Should the Job Creation Act of 2012, the Senate agree to Questions Related to Pro Forma Ses- Senate choose to conduct legislative or exec- the request, and the Senate presiding officer sions of the Senate’’ be printed in the utive business at a pro forma session, it be authorized to appoint Senate conferees could, providing it could assemble the nec- with a party ratio of 4–3. An enrolled meas- RECORD following this statement. essary quorum or gain the consent of all ure was also signed on this day by Sen. Reid, There being no objection, the mate- Senators to act. The House of Representa- serving as Acting President Pro Tempore. rial was ordered to be printed in the tives, which is bound by the same constitu- RECORD, as follows: tional requirements as the Senate, regularly August 5, 2011: On this day, the Senate, by CONGRESSIONAL RESEARCH SERVICE, permits business on pro forma days, includ- unanimous consent, passed H.R. 2553, a meas- March 8, 2012. ing the introduction and referral of legisla- ure to amend the Internal Revenue Code of MEMORANDUM tion, the filing of committee reports and co- 1986 to extend the funding and expenditure To: Senate Minority Leader sponsorship forms, and the receipt and refer- authority of the Airport and Airway Trust From: Christopher M. Davis, Analyst on Con- ral of executive communications and Presi- Fund and to amend title 49, United States Code, to extend the airport improvement gress and the Legislative Process, 7–0656 dential messages. Even in cases in which the program. Subject: Certain Questions Related to Pro Senate has agreed not to conduct business at Forma Sessions of the Senate a pro forma session, it could subsequently In the first instance cited above, the pre- This memorandum responds to your re- adopt a second consent agreement which vious meeting of the Senate had occurred on quest for information about certain pro would permit them do so. Tuesday, December 20, 2011. In the second informa sessions of the Senate. Specifically, OTHER MOTIVATIONS OR PURPOSES FOR PRO stance, the Senate had most recently met on you asked CRS to identify instances in FORMA SESSIONS OF THE SENATE Tuesday, August 2, 2011. At both of these pro which a pro forma session of the Senate While the primary purpose of a pro forma forma sessions, pursuant to unanimous con- might be interpreted as accomplishing some session of the Senate has been to comply sent orders adopted by the Senate, no legis- further end in addition to meeting the con- with the constitutional limits on adjourn- lative or executive business was to be constitutional requirement that neither cham- ments and recesses, it is possible that such ducted. The Senate subsequently, however,

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5955 decided to conduct business during the ses- ment has been in force. CRS identified six uous session, every calendar day is counted, sion. Senate pro forma opening day sessions which including Sundays and holidays, and the PRO FORMA SESSIONS WHICH SATISFIED SENATE satisfied the constitutional requirements for count pauses only when either the House or RULES GOVERNING THE RETURN OF PRESI- convening its session on the prescribed date. Senate (or both) have adjourned for more DENTIAL NOMINATIONS These opening day pro forma sessions were: than three days pursuant to an adjournment CRS also identified three distinct periods January 3, 1980 resolution. For example, under the terms of of recent pro forma Senate session which, in January 3, 1992 the Defense Base Closure and Realignment January 3, 2006 addition to satisfying the constitutional lim- Act of 1990, the Secretary of Defense may not January 3, 2008 its on recesses and adjournments discussed close or realign any of the specified military January 5, 2010 above, also seemed to satisfy provisions of installations until 45 ‘‘days of continuous January 3, 2012 the Senate’s standing rules related to the session’’ have elapsed after a base closure With one exception, the January 3, 1980 consideration of presidential nominations. plan is submitted to the House and Senate. session, each of these meetings was pro Paragraph 6 of Senate Rule XXXI, states in As with the Congressional Review Act de- forma in nature, with no legislative or orga- part: scribed above, both the Legislative and Exec- nizational business conducted. In the case of . . . if the Senate shall adjourn or take a utive Branch understand and have agreed to the January 3, 1980 session, the Senate re- recess for more than thirty days, all nomina- be bound by this manner of counting. ferred a previously-received message from tions pending and not finally acted upon at As with days of Senate session, pro forma President Jimmy Carter transmitting his the time of taking such adjournment or re- meetings of the Senate are also taken into veto of S. 2096, a bill to provide for a study cess shall be returned by the Secretary to account by both branches when calculating by the Secretary of Health, Education, and the President, and shall not again be consid- ‘‘days of continuous session’’ for purposes of Welfare of the long-term health effects in ered unless they shall again be made to the such statutory rules. Should the Senate humans of exposure to dioxins. In addition, Senate by the President. meet in a series of pro forma sessions, a stat- In short, unless the Senate takes action five Senators inserted undelivered remarks utory ‘‘days of continuous session’’ clock (such as adopting a unanimous consent rein the Congressional Record on this day. The would continue to run not only on the days quest) to override the provisions of Rule approximate duration of the January 3, 1980 of the pro forma sessions themselves, but XXXI, the Senate Executive Clerk is sup- session of the Senate was two minutes. also during the intervals of three or fewer posed to return all nominations to the Presi- PRO FORMA SESSIONS COUNT FOR PURPOSES OF days between the pro forma sessions, when dent at the outset of any period in which the COMPUTING CERTAIN STATUTORY TIME PERIODS the Senate was absent but formally in re- Senate is to be absent for more than thirty Finally, CRS has identified several rules cess. calendar days. enacted in statute under which pro forma CRS has identified 22 statutory legislative In the three instances identified, the Sen- sessions are treated as sessions of the Senate procedures now in law which calculate time ate held only pro forma meetings during pe- like any other for purposes of computing cer- periods in either or both of the ways dis- riods in excess of thirty days. In each period, tain time periods related to actions taken by cussed above and which take pro forma days however, nominations were not returned to Congress and the President. Pro forma Sen- of Senate session into account in conducting the President pursuant to Rule XXXI. It ate sessions satisfy not only the limits on re- a specific calculation. These statutory rules seems apparent that the Senate viewed its cesses and adjournments contained in Arti- are: occasional pro forma meetings as a means of cle I, Section 5, Clause 4, but also the provi- Executive Reorganization Authority (5 preventing a recess of more than thirty days sions of each of these statutory rules in the U.S.C. 902–912). (Days of continuous session); for purposes of these requirements of it eyes of both the Executive and Legislative District of Columbia Home Rule Act, rules. Arguably, the Executive Branch, not Branches. 303(b), 602(c), 604. (Days of continuous ses- having had its nominations returned to it as Congress sometimes chooses to include in sion); Title X of the Congressional Budget and would be the well-established practice, was law provisions which delegate to the Presi- Impoundment Control Act of 1974, 1011–13, also at least aware of the Senate’s under- dent or another Executive Branch official 1017. (Days of continuous session); standing in this regard. The three periods in the authority to issue a regulation or take Multiemployer Guarantees, Revised Sched- question identified are: some other specified action. As part of this ules [Employee Retirement Income Security August 2—September 6, 2011: The Senate delegation of authority, Congress often re- Act of 1974, 4022A (29 U.S.C. 1322a)]. (Days of held pro forma sessions during this 34-day serves the right in the law to pass its own continuous session); period of recess. No unanimous consent judgment on the proposed regulation or ac- Atomic Energy Act Provisions on Nuclear agreement was identified to hold pending tion, typically by passing a joint resolution Non-Proliferation [42 U.S.0 2153–60]. (Days of nominations in status quo and they were not to approve or disapprove it before it takes ef- continuous session); returned to the President. fect. To facilitate action on such a joint res- September 29—November 15, 2010: The Sen- Trade Act of 1974, Procedures for Trade Im- olution, Congress often writes into law spe- plementing Bills and Resolutions of Dis- ate held pro forma sessions during this 47- cial parliamentary procedures for consid- day period of recess. No unanimous consent approval [19 U.S.C. 2191–2192]. (Days of con- ering the measure, including strict time pe- tinuous session); agreement was identified as being adopted riods for the introduction, committee action, prior to the recess to hold pending nomina- Energy Policy and Conservation Act [42 and floor consideration of such a joint reso- U.S.C. 6421]. (Days of continuous session); tions in status quo and they were not re- lution. Such statutory procedures are often turned to the President. Nuclear Waste Fund Fees [42 U.S.C. 10222]. colloquially referred to as ‘‘fast track’’ pro- (Days of continuous session); 2008–2009: The Senate held pro forma ses- cedures because they expedite the consider- sions during three relevant periods of recess The Atomic Energy Act of 1954, As Amend- ation of specified legislation in one or both ed (22 U.S.C. 2776(b)). (Days of continuous in 2008–2009: August 1–September 8, 2008 (31 chambers. days); October 2–November 17, 2008 (46 days); session); Time periods under such statutory rules Federal Election Commission Regulations, and November 20, 2008–January 3, 2009, the are usually calculated in one of two ways. 311(d) [2 U.S.C. 438(d)] (Days of Senate ses- balance of the 110th Congress (43 days). Con- The first way marks time by counting days sion); sequently, although no unanimous agree- of ‘‘House/Senate session.’’ Under such a Crude Oil Transportation Systems, [43 ment was identified as having been adopted mechanism, any day which the House or Sen- U.S.C. 2008]. (Days of continuous session); in 2008 to hold pending nominations in status ate meets counts toward the deadline estab- Alaska National Interest Lands Conserva- quo, they were not returned to the President lished by the law. Under the terms of the tion Act [16 U.S.C. 3232–3233]. (Days of con- until the sine die adjournment of the Con- Congressional Review Act, for example, the tinuous session); gress. Senate has 60 days of ‘‘Senate session’’ to act Federal Lands Policy and Management Act PRO FORMA SESSIONS OF THE SENATE WHICH under fast track procedures on a joint reso- of 1976 [43 U.S.C. 1701]. (Days of continuous SATISFIED THE 20TH AMENDMENT lution which would disapprove a proposed session); CRS also identified six pro forma meetings rule promulgated by the Executive Branch. Marine Fisheries Conservation Act [16 of the Senate which satisfied the provisions Both branches understand and have agreed U.S.C. 1823]. (Days of continuous session); of Clause 2 of the 20th Amendment to the to this time period for expedited action be- Nuclear Waste Policy Act of 1982 [42 U.S.C. Constitution. fore a proposed agency rule can enter into 10101]. (Days of continuous session); Clause two of the 20th amendment to the force. When calculating time periods under Defense Base Closure and Realignment of Constitution states: statutory rules of this type, pro forma ses- 1990, as amended [10 U.S.C. 2687 note]. (Days The Congress shall assemble at least once sions of the Senate count as days of Senate of continuous session); in every year, and such meeting shall begin session; that is, they are viewed as a session Congressional Accountability Act of 1995 [2 at noon on the 3d day of January, unless of the Senate like any other. U.S.C. 1384]. (Days of continuous session); they shall by law appoint a different day. The second way of counting time which is Congressional Review of Agency Rule- At your request, CRS examined the open- common in such statutory rules is known as making [5 U.S.C. 801, 802, 804]. (Days of con- ing day session of each regular and special counting ‘‘days of continuous session.’’ This tinuous session and days of Senate session); session of the Senate held between 1934 and way of calculating time periods takes into Balanced Budget and Emergency Deficit the present, the period coinciding with the account the differing schedules of the House Control Act 258 [2 U.S.C. 904(i), 907a–907d]. period that paragraph 2 of the 20th Amend- and Senate. When counting days of contin- (Days of continuous session);

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5956 CONGRESSIONAL RECORD — SENATE August 2, 2012 Medicare Cost Containment, Medicare Pre- TABLE I. PRO FORMA SESSIONS OF THE U.S. SENATE: ducers and communities are receiving scription Drug, Improvement, and Mod- 2005–2012—Continued the timely assistance. ernization Act of 2003 [31 U.S.C. 1105 note]. [As of March 8, 2012] President Obama and Secretary (Days of Senate session); Vilsack have done a commendable job Minimum Standards for Identification of Congress & Years Pro forma Day Documents; Intelligence Reform and Ter- of taking steps to help provide assist- rorism Prevention Act of 2004 [49 U.S.C. 44901 02/ I 5/2008 ance to impacted producers and com- 01/18/2008 munities. note]. (Days of Senate session); and 01/15/2008 Independent Payment Advisory Board [42 01/11/2008 They have sped up the disaster dec- U.S.C. 1395kkk]. (Days of continuous ses- 01/09/2008 laration process helping producers sion). 01/07/2008 01/03/2008 more quickly gain access to the lim- 12/31/2007 ited disaster programs currently avail- TABLE I. PRO FORMA SESSIONS OF THE U.S. SENATE: 12/28/2007 able. 2005–2012 12/26/2007 12/23/2007 They have reduced interest rates on [As of March 8, 2012] 12/21/2007 11/29/2007 emergency loans. Congress & Years Pro forma Day 11/27/2007 They have made it easier for land 11/23/2007 that is in conservation to open earlier 112th (2011–2012) ...... 11/20/2007 02/24/2012 11/09/2007 for haying and grazing for livestock 02/21/2012 10/05/2007 producers. 01/20/2012 09/14/2007 01/17/2012 109th (2005–2006) ...... 01/24/2006 And the administration is working 01/13/2012 01/20/2006 with crop insurance companies to try 01/10/2012 01/03/2006 01/06/2012 to give producers more time to make 01/03/2012 Source: CRS analysis of relevant issues of the Congressional Record, Sen- premium payments. 12/30/2011 ate Calendar of Business, and data from the Legislative Information System 12/27/2011 of the U.S. Congress (LIS). But we can do more. 12/23/2011 I trust that this information meets your And since we can’t make rain, the 12/20/2011 single most important step Congress 11/25/2011 needs. If I can be of any additional help, 11/22/2011 please do not hesitate to contact me at 7– can take is to pass a farm bill. 10/27/2011 0656 or [email protected]. Most farmers will tell you they can 10/24/2011 10/07/2011 f survive one bad year. 09/29/2011 But right now farmers can’t even 09/02/2011 DROUGHT 08/30/2011 plan for future years. 08/26/2011 Mr. DURBIN. About 2 weeks ago, I More than a month ago, the Senate 08/23/2011 08/19/2011 visited a farm near my home town of passed the Local Food, Farms, and 08/16/2011 Springfield, IL to see the impact of the Jobs Act, more commonly known as 08/12/2011 08/09/2011 ongoing drought. the farm bill, with a 64—35 bipartisan 08/05/2011 From the road, I couldn’t tell there vote. 06/03/2011 05/31/2011 was anything wrong with the crop. The bill would reauthorize several ex- 111th (2009–2010) ...... 11/12/2010 But as we went into the field, it pired disaster programs to imme- 11/10/2010 11/08/2010 quickly became clear that the crop was diately help producers. 11/04/2010 in poor shape. Equally, if not more important, the 11/01/2010 Following that visit, I met with the bill would provide certainty for pro- 10/29/2010 10/26/2010 Illinois corn growers and the soybean ducers—allowing them to make long- 10/22/2010 growers and farmers from across the term plans for getting through this 10/19/2010 10/15/2010 state. drought and recovering from a bad 10/12/2010 The message I heard was straight- year. 10/08/2010 10/05/2010 forward; it is as bad or worse than it Unfortunately the House has failed 10/01/2010 has been in decades. to act. 01/19/2010 01/05/2010 Since that visit to a Springfield In the roughly 40 days since the Sen- 10/09/2009 farm, drought conditions have only ate passed a bill, the House has not 08/10/2010 110th (2007–2008) ...... 12/30/2008 gotten worse. even brought a companion measure to 12/26/2008 100 percent of Illinois and 64 percent the House floor. During those 40 days 12/23/2008 12/19/2008 of the country is facing severe or another 20 percent of the country has 12/16/2008 harsher drought conditions. developed drought conditions. During 12/12/2008 12/05/2008 Today, USDA announced 66 addi- those 40 days, 98 of 102 counties in Illi- 12/02/2008 tional Illinois counties as primary dis- nois qualified for disaster assistance. 11/29/2008 11/26/2008 aster counties. During those 40 days, many farmers in 11/24/2008 With this announcement, all but four Illinois have lost their crops. 11/13/2008 11/10/2008 counties, Will, Cook, Kane, DuPage—in It is well past time for the House to 11/06/2008 Illinois qualify for disaster assistance take up and pass a farm bill that in- 11/03/2008 Very little rain, combined with ab- 10/30/2008 cludes robust disaster assistance paired 10/27/2008 normally high temperatures, is deci- with the long-term policy farmers 10/23/2008 mating many of the primary crop- 10/20/2008 need. 10/16/2008 growing areas of the country. I will repeat something I said 2 weeks 10/14/2008 71 percent of the corn crop and 56 per- 10/10/2008 ago. 10/07/2008 cent of the soybean crop in Illinois is Our producers and rural America al- 10/06/2008 rated as poor or very poor. ready face a natural disaster. I don’t 09/05/2008 09/02/2008 This is in a State that regularly think it is too much that we spare 08/29/2008 ranks as a top producer for both of them a manmade disaster by failing to 08/26/2008 08/22/2008 these commodities. pass a farm bill. 08/19/2008 That means feed prices for livestock f 08/15/2008 and eventually food prices for the rest 08/12/2008 ´ 08/08/2008 of us are increasing. DEATH OF OSWALDO PAYA 08/05/2008 07/27/2008 Everyone is going to feel the impact Mr. DURBIN. Mr. President, some of 06/30/2008 of this historic drought you may have seen in the press last 05/29/2008 05/27/2008 In response to conditions on the week that an inspiring Cuban citizen 05/23/2008 ground, Governor Quinn created a who tirelessly fought for a peaceful 03/27/2008 03/24/2008 multi-agency drought task force in Illi- transition to democracy recently died 03/21/2008 nois. in a tragic car accident on that island. 03/18/2008 ´ 02/22/2008 The task force is coordinating State Oswaldo Paya was a modest man. A 02/19/2008 and Federal resources to ensure pro- brave man. A hero. A Cuban patriot.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5957 And he was also very wise. spent his life pursuing. I am pleased to Cuba and think the best way to see He realized that one of the best ways be a cosponsor of that resolution and change on the island is to flood it with to change the cruel and repressive was happy to see that it passed the American ideas and people. Cuban regime was to work from within. Senate just yesterday. But I will have to think long and He used a provision in Cuba’s con- Lastly, let me note that Paya´ was hard before I do anything further to stitution to seek peaceful political often concerned for his safety—sadly, ease our relations while Alan remains change and openness. given the Cuban Government’s treat- so cruelly behind bars. More specifically, he and his team ment of those wanting political free- To Oswaldo Paya´ ’s family and brave created the Varela Project to gather dom, not an unwarranted fear. colleagues and to Alan Gross, please more than 11,000 signatures of Cuban So I want to emphasize an important know that you are not forgotten here citizens on a petition that called for a point in the Senate resolution on Mr. in the Senate and around the world. ´ more open political system. Paya. Specifically, I call on the Cuban f Keep in mind that putting one’s Government to conduct a credible and name on a petition to the Cuban Gov- transparent investigation into the auto TRIBUTE TO REPRESENTATIVE ernment is a courageous thing to do on accident that caused his death. PAUL FINDLEY that island. It puts that person and his The Cuban Government owes this Mr. DURBIN. Mr. President, today I or her family at great risk. Cuban patriot and the Cuban people wish to honor former Congressman Nonetheless, in May 2002, he bravely nothing less than a full accounting of Paul Findley—a great American who presented the petition to the Cuban his death. It also owes them the basic served his country in war and in the National Assembly for action exactly freedoms he tirelessly stood for. hallowed halls of Congress, a son of Il- as allowed for in the Cuban Constitu- Mr. President, I want to also take linois, a prolific writer and Lincoln tion. this opportunity to talk about another scholar, a former political adversary, What did the Cuban Government do tragedy that continues day after day in and my now friend. in response to a heroic and reasonable Cuba—that of the detention of Amer- Paul Findley was born in Jackson- call for change allowed for under the ican citizen Alan Gross. ville, Illinois, on June 23, 1921. And at 1 country’s own laws? Alan was arrested more than 2 ⁄2 91 years of age, today Paul is as active It harassed Paya´ and his followers. It years ago while trying to help the and involved as he has ever been. Paul began its own referendum that made Cuban people have greater ability to earned a bachelor’s degree from his be- the island’s socialist system ‘‘irrev- communicate with one another. loved Illinois College in his hometown ocable,’’ even after an additional 14,000 When you go to Cuba, you realize the in 1943, where he was inducted into the signatures were added to the Varela Castro regime not only blames the prestigious Phi Beta Kappa society. Project petition. United States for all its woes but cyni- After college, Paul served as a lieuten- A year later many of Paya´ ’s allies cally makes it difficult for everyday ant in the Navy in the Pacific Theater were arrested in a crackdown that sent Cubans to communicate or connect to from 1943 to 1946. His honorable service many dissidents, writers, and even li- the outside world using the Internet. and that of the dwindling number of That is why thousands upon thou- brarians to prison. living Americans who served during sands of Cubans use a free Internet li- Can you believe this craven response? World War II—one of the most difficult brary every year at the U.S. Interests The Cuban Government couldn’t periods in our country’s history is Section in Havana. blame this Cuban-born effort on the something we should all take time to Alan Gross was arrested initially as a United States, on other outside forces, reflect on and thank them for. spy and eventually sentenced to 15 on any of the usual suspects on which After the war, Paul became president years in prison. it blames all the island’s woes. That is right—15 years. of Pike Press, Inc., in Pittsfield. He Thousands of brave Cubans asking Mr. Gross apologized for his actions spent several years as editor of this for political reform within the bounds and has asked for Cuban compassion to small town weekly newspaper. In 1952, of their own constitution were simply allow him to visit his 90-year old moth- Findley lost a bid for the Republican belittled, ignored, and harassed. er suffering from inoperable lung can- nomination for State senator—some- Paya´ was a modest man. I had hoped cer in the United States. The United thing he and I have in common, having to meet him on my trip to the island States recently let a former Cuban de- lost our first campaigns for public of- earlier this year, but we were unable to tainee who was out on supervised re- fice—but it didn’t stop either of us. visit—you see, the Cuban government lease in the United States visit his ail- In 1960 Paul Findley was elected to doesn’t want outsiders to visit people ing brother in Cuba, but the Cuban the U.S. House of Representatives rep- like Paya´ . Government has shown no such de- resenting the 20th Congressional Dis- His peaceful and tireless efforts for cency in return. trict of Illinois. He served in the House peaceful change earned him the Euro- I met Alan in January in Cuba, and I honorably for more than 20 years, until pean Parliament’s Sakarov Prize for am appreciative of the Cuban Govern- in 1982 a young lawyer from Springfield Freedom of Thought in 2002, the Na- ment for allowing me that visit. He and a long shot to win surprised a lot tional Democratic Institute’s W. Aver- tried to remain in good spirits, but it of people, including many of his sup- ell Harriman Democracy Award in 2003, wasn’t easy. He has lost more than 100 porters, by unseating the incumbent and a nomination for the Nobel Peace pounds since his incarceration. He Findley. Though Paul Findley and I Prize from Va´ clav Havel in 2005. struggles to keep busy and healthy in were opponents in that campaign, I al- Paya´ ’s daughter Rosa Maria said jail, but it is not easy. Quite simply, he ways respected him and his public serv- amid her loss and tears last week that has been separated from his family for ice. Notwithstanding what is often a her father never gave up hope that the far too long. bitter and rancorous climate of par- country could be changed from within Alan Gross is a kind, decent man. He tisan politics, I am proud to call Paul and that ‘‘he just wanted for Cubans to is no spy. He is no threat to anyone. In Findley my friend. have their rights . . . that’s all he ever fact, despite all that has happened, he One of Paul Findley’s greatest ac- wanted.’’ noted to me how deeply he still cares complishments during his long and dis- Tragically the Cuban Government for the Cuban people. tinguished congressional career was his even arrested almost 50 Cubans who Let me say this as clear as I can: dogged, ultimately successful effort to showed up to pay their respects at Alan Gross should no longer be a pawn preserve a great American treasure— Paya´ ’s funeral. of the Cuban Government in its dis- the Springfield home of our beloved Can you imagine—arresting people at agreements with the United States. son of Illinois, Abraham Lincoln. a peaceful memorial service? The Cuban Government has made its Strolling today through this historic My colleagues, Senators BILL NEL- point. It will get nothing but inter- neighborhood at the heart of Spring- SON, MENENDEZ, and RUBIO, have intro- national shame from holding Alan any field, as thousands of visitors do each duced a Senate resolution recognizing longer. year, it would be almost inconceivable his work and calling for the peaceful Let me also note that I do not sup- that preserving Lincoln’s home was democratic changes in Cuba that Paya´ port the failed U.S. embargo against ever a matter of debate. But it once

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5958 CONGRESSIONAL RECORD — SENATE August 2, 2012 was. Back in the 1950s, the site visitors tenacity, passion, and determination as needed to do was look around the room see today looked very different. it did the power of seeing the Lincoln at the hearing earlier this month. The Where now-restored historic homes Home in person. hearing room was filled to capacity— line a gravel street in a stately and Then the Nixon administration threw standing room only—with people urg- peaceful neighborhood, then stood sou- its support behind Findley, and even ing the Senate to ratify this important venir shops surrounded by a neighbor- asked that the bill be amended to fully document. hood that Paul Findley would later reauthorize the appropriation required The United States has led the world call was, ‘‘rundown and decaying in all for the site—so the private fundraising in creating the legal framework, build- directions.’’ The Lincoln home itself— was unnecessary. The House passed the ing the infrastructure, and designing what Lincoln’s own private secretary bill first, and it enjoyed, as Findley facilities that ensure inclusion and op- once called ‘‘the precious heirloom of says, ‘‘swift approval’’ in the Senate we portunity for those living with disabil- the republic’’—was then the property can’t say that about too many matters ities. We celebrated the 22nd anniver- of the State of Illinois. around here anymore. On August 18, sary of the Americans with Disabilities For years, developers had tried to en- 1971, years of efforts culminated in a Act—‘‘ADA’’—by reporting the treaty croach on the historic site with the ceremony in the Old State Capitol in out of the Foreign Relations Com- goal of exploiting the area for commer- Springfield, just blocks away from the mittee on a strong bipartisan basis. I cial opportunities. Some wanted a Lincoln Home. With Congressman Fin- thank Sen. Kerry for holding that theme park. Others tried to build wax dley looking on, President Richard hearing and moving the treaty through museums or hotels or buffet res- Nixon signed the Findley bill author- the committee process. taurants in close proximity. Still oth- izing the establishment of the Lincoln As the majority leader has made ers had been trying unsuccessfully to Home National Historic Site. clear, the Convention on the Rights of ensure the home’s restoration and the Think about it, this was an effort Persons with Disabilities will soon be preservation of the historical integrity championed by a Republican Congress- considered on the Senate floor. The of the surrounding area. In Congress- man, passed by a Congress controlled Members of this body will have an op- man Paul Findley, those who wanted by Democrats, and signed by a Repub- portunity to affirm our Nation’s lead- to honor this piece of history found lican President. It was a different time. ership on disability issues by ratifying their champion. One year after the signing ceremony, this important treaty. I hope that we Findley traces his own interest in then-President of the Illinois State will do so. And I hope we will ratify this project back to a presentation at a Senate, Paul Simon, signed legislation this treaty with the strong bipartisan meeting of the Pittsfield Chamber of transferring the title for the Lincoln support that has always characterized Commerce in 1955 well before he held home to the National Park Service. the Senate’s work on disability issues. For the 54 million Americans living elected office. At the meeting, a Thanks to the leadership of Congress- with a disability, laws like the ADA Springfield resident presented a case man Paul Findley and the many local have provided an opportunity to learn, for preserving the Lincoln Home and supporters of his efforts—including travel, work, and live independently. developing the site commercially. then-Springfield Mayor Nelson Perhaps no one knows that better than While the plan for development never Howarth, the first superintendent of Ann Ford of Springfield, Illinois. Ann got off the ground, the presenter did the Lincoln Home National Historic had polio as a child and for many years make a point that Findley never for- Site Albert Banton, the architect of got—that the Lincoln Home had large- she commuted on crutches. This chal- the Lincoln Home Visitor Center and lenging and energy-consuming task rely been neglected compared to other early supporter of preservation efforts Presidential homes. This, Findley required Ann to meticulously plan every Wally Henderson, and countless oth- trip. At the grocery store, Ann would garded as ‘‘shameful, awful, scan- ers—visitors to the site today can dalous.’’ It was in 1967, as the congress- purchase all she needed in 20 minutes, stroll the street Lincoln once strolled in order to be home before becoming man representing the district that en- and take in the neighborhood in much exhausted. compassed the Lincoln site that Fin- the same way it would have looked to After the ADA was enacted, the store dley became directly involved and took him more than 150 years ago. manager invited Ann to use a recently up the mantle of this effort. After The experience of visiting the Abra- purchased electric scooter. Ann re- years of lining up local, state, and na- ham Lincoln National Historic Site members that day clearly, in part be- tional support, Congressman Findley will undoubtedly inspire generations of cause she shopped for an hour and a announced in 1969 at a Springfield din- young Americans to serve their coun- half going up and down every aisle in ner that he would introduce legislation try, just as Paul Findley has and as the store. in Congress to make the site part of Abraham Lincoln did. Most of us don’t give a second the National Park System. At that din- This is Paul Findley’s legacy. thought to buying groceries. But for ner was New York Governor Nelson It is a legacy that forever will be Ann and millions like her, our Nation’s Rockefeller, whom Findley had suc- intertwined with President Lincoln— commitment to removing physical bar- cessfully enlisted in the effort, an honor that Paul richly deserves. riers has expended their world. Now, we The late Senators Charles Percy and Throughout his 91 years on this have an opportunity to demonstrate Everett Dirksen introduced companion Earth, my friend and this great Amer- our commitment and advance dis- legislation in the Senate. The bills had ican, Paul Findley, has made an indel- ability rights around the world by rati- the support of every member of the Illi- ible mark on our State of Illinois and fying this treaty. nois congressional delegation. But even our country—and he has not done yet. The support for this treaty is broad with all this support, as those of us f and bipartisan. I thank my friend, Sen- who have been around here long ator JOHN MCCAIN, for leading this ef- CONVENTION ON THE RIGHTS OF enough know, the fight wasn’t over. fort with me. Heis a great ally and PERSONS WITH DISABILITIES Money, as always, was an issue. People without him we would not have made began trying to raise private funds. Mr. DURBIN. Mr. President, last such great progress. Congressman Findley worked tirelessly week, the Senate Foreign Relations I also thank Senator BARRASSO, HAR- to get the attention of the relevant Committee reported out the Conven- KIN, TOM UDALL, MORAN, and COONS for committee and subcommittee chairs— tion on the Rights of Persons with Dis- their bipartisan support and dedication Democrats held the majorities in both abilities. to the ratification effort. Chambers at the time. Among other How fitting that this treaty was con- This treaty is supported by 165 dis- things, he invited key members to sidered and passed by the Senate For- ability organizations, including the Springfield to tour the site after which eign Relations Committee on the 22nd United States International Council on they usually agreed to support his ef- anniversary of the enactment of Amer- Disabilities, the American Association forts. icans with Disabilities Act. of People with Disabilities, Disability I have no doubt that the commit- If anyone questions how important Rights Education & Defense Fund, and ments of these members to support his this treaty is to the millions of Ameri- the National Disability Rights Net- bill had as much to do with Findley’s cans living with disabilities, all they work, and 21 veterans groups, including

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5959 the Wounded Warrior Project, the The treaty will not change any U.S. longest all over the world. The oldest American Legion, Disabled American law or compromise U.S. sovereignty in person in the world today is a woman Veterans, and Veterans of Foreign any way. who has reached age 115. Wars are also calling on us to ratify The treaty will not lead to new law Mr. Harris will be missed by the staff this treaty. President George H.W. suits because its terms do not create at the Rock Island Nursing and Reha- Bush, who signed the ADA into law, any new rights and it cannot be en- bilitation Center where he lived since and former Senator Bob Dole, a life- forced in any U.S. Court. he was 105 years of age. For the past 5 long advocate for disability rights, are For families that choose to educate years the nursing home has thrown a strong proponents of this treaty. their children at home, the treaty will big party on his birthday, and the staff The Convention on the Rights of Per- not change any current rights or obli- there plan to hold a remembrance for sons with Disabilities is a human- gations. him next year on the date. rights treaty that seeks to ensure that The treaty will not require the U.S. It is my honor to recognize the long people living with disabilities are af- to appropriate any new funding or re- and full life of Mr. Shelby Harris. forded the same opportunities avail- sources to comply with its terms—not f able to others. Thanks to the ADA and a single dime. LIBOR similar laws, the United States has Leading pro life groups, like the Na- Mr. DURBIN. Mr. President, It was been so successful providing opportuni- tional Right to Life Committee, con- recently revealed that at least one ties, increasing accessibility, and pro- firm that the treaty does not promote, tecting the rights of those living with bank—Barclays Bank of Great Brit- expand access, or create a right to an ain—attempted to manipulate LIBOR disabilities that our Nation is already abortion. in full compliance with all terms of the over a 4-year period beginning in 2005. Thanks to decades of bipartisan co- LIBOR stands for the London Inter- treaty. operation, our country embodies the Before transmitting this treaty, the Bank Offered Rate. This rate is a worldwide gold standard for those liv- benchmark used by industries all over Obama administration conducted an ing with disabilities. exhaustive comparison of the treaty’s the world to set interest rates for near- When the Senate ratifies the Conven- ly $800 trillion worth of financial in- requirements to current U.S. law. It tion on the Rights of Persons with Dis- concluded that the United States does struments. abilities, we can be proud that our co- LIBOR determines how much people not need to pass any new laws or regu- workers, friends, family members, and across the world pay for student loans, lations in order to meet the terms of courageous veterans will soon enjoy mortgages, and credit card fees. The the treaty. The fact that we already the same access and opportunity when higher LIBOR is, the more it costs a meet or exceed the treaty’s require- they travel abroad that they have college student to borrow money for ments is a testament to our nation’s come to expect here at home. school or a business to obtain a line of commitment to equality and oppor- f credit. tunity for those living with disabil- This means that people across the ities. There are, nevertheless, very im- REMEMBERING SHELBY HARRIS world with student loans, mortgages portant reasons to ratify this treaty. Mr. DURBIN. Mr. President, I rise and credit cards, and municipalities Disabled Veterans and Other Ameri- today to celebrate the life of Mr. selling bonds may have paid more to cans Traveling Abroad—There are Shelby Harris, from Rock Island, IL. borrow money because of Barclays’ ac- more than 5.5 million veterans living When he passed away on July 25, 2012, tions. with disabilities. They and thousands at the age of 111, he was the oldest man Barclays settled with U.S. and Brit- of other Americans living with disabil- in the country and the third oldest ish authorities and paid over $450 mil- ities travel, study, work, and serve man in the world. lion in penalties to the Commodity Fu- overseas, often with their families. Mr. Harris was born in Indiana on tures Trading Commission, the U.S. Ratifying the treaty will ensure they March 31, 1901. That same year Presi- Department of Justice, and British reg- enjoy the same accessibility and oppor- dent William McKinley was assas- ulators. tunity abroad that they have here at sinated and Vice President Theodore Now, as many as 20 megabanks, in- home. Roosevelt took over the White House, cluding several U.S. banks, are under Accessibility in Other Countries— there were only 45 stars on the Amer- investigation or named in lawsuits al- ratifying this treaty will give the ican flag, and the life expectancy in leging they also rigged LIBOR. United States a seat at the inter- this country was just 47 years of age. Over the next several weeks and national table, so that the U.S. can Throughout his 111 years, Mr. Harris months we will learn more details provide its guidance and expertise to lived a varied and rich life. In Indiana, about exactly what happened. other countries working to adopt laws, But it seems clear we are facing a he worked at a coal mine. He moved to upgrade infrastructure, and modernize scenario that is all too familiar: the the Quad Cities in 1942 where he en- facilities to meet the very high stand- largest banks have once again put listed in the Army during World War ards we have set. greed and profit above the best inter- II. He also worked for the former Union Leveling the Playing field for Amer- ests of their customers and the econo- Malleable and the John Deere Foundry ican Businesses—American businesses mies of at least six nations, including in East Moline. He outlived two wives have invested time and resources to the United States. comply with the ADA. Businesses in and three daughters. His oldest grand- At the same time—nearly 4 years some countries are not required to child is 57 years old, and he was a after the worst financial crisis in our comply with similar standards. Com- great-great-great-great grandfather. lifetime and 2 years since the Demo- pliance with the treaty levels the play- Mr. Harris was a lifelong Democrat and cratic-majority Congress passed Wall ing field by requiring foreign busi- credited his longevity to his faith in Street reform—my Republican col- nesses to meet accessibility standards God. leagues continue to undermine the fi- similar to those in the U.S. Age did not slow him down. Mr. Har- nancial regulators by cutting their New Markets for American Busi- ris served as a deacon of Second Bap- funding and spending countless hours nesses—we lead the world in developing tist Church until he was 102 years old in the House of Representatives debat- accessible products and technology. As and had a bucket list that included get- ing and passing bills to roll back the other countries comply with the treating remarried and playing baseball. A Dodd-Frank Wall Street Reform Act. ty, American businesses will be able to month after his 111th birthday, Mr. This is not good for our financial sys- export their expertise and products to Harris was able to cross baseball off his tem and it certainly isn’t good for the the new markets serving the more than list after he threw out the first pitch at American people. 1 billion people living with disabilities a Quad Cities River Bandits minor But let me back up. What is LIBOR? around the world. league baseball game. It is a benchmark used by industries While this treaty will ensure inclu- Living beyond the age of 110 made all over the world to set interest rates sion and access for those living with Mr. Harris a supercentenarian. This LIBOR impacts—directly or indi- disabilities, it is also important that designation is particularly rare for a rectly—nearly every person in the we note what the treaty will not do. man because women typically live the world.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5960 CONGRESSIONAL RECORD — SENATE August 2, 2012 Here is how it works. We gave the job to the Commodity lions of jobs lost and $17 trillion of lost LIBOR is calculated for 10 currencies Futures Trading Commission and the retirement, personal and household and 15 maturities. For example, one of Securities and Exchange Commission. wealth. the most important LIBOR rates is the With the recent approval of final Yet, instead of working together to 3-month dollar LIBOR. rules defining swaps, the CFTC and the ensure that never happens again, Re- A select panel of 18 major banks re- SEC have now triggered the implemen- publicans are doing everything they port how much they believe it would tation of an array of other rules to fi- can to stop the regulators from imple- cost to borrow money in dollars for 3 nally bring the swaps market out of menting laws that would have pre- months at 11 a.m. on a particular day. the shadows and into the light. vented that crisis and could prevent The top four estimates and bottom This is a huge step forward. the next crisis. But now, just when the financial reg- four estimates are discarded, and the f remaining rates are averaged to cal- ulators have the rules in place to over- culate LIBOR. LIBOR is published see the $300 trillion market that nearly DODD-FRANK ANNIVERSARY every day at 11 a.m., and companies destroyed our economy, the Repub- Mr. DURBIN. Mr. President, on July across the world use this rate to set in- licans are trying to cut the agencies off 21, we marked the 2-year anniversary terest rates for consumers. at the knees. of the Dodd-Frank Wall Street Reform So why would the major banks want Their philosophy is if you can’t re- and Consumer Protection Act. to manipulate LIBOR? peal reforms by passing legislation, This landmark law has taken impor- The simple answer is profit. And you can undermine the agency’s ability tant steps to rein in the Wall Street greed. to enforce the law. abuses that nearly drove our economy Many of the major banks that help Let me put this in perspective. The off the cliff in 2008. set LIBOR stand to lose or gain mil- $37 trillion futures market has histori- Two of its reforms were particularly lions of dollars each day based on the cally been policed by the CFTC. That is important to me. One was the creation smallest change in LIBOR. an enormous market to oversee, by of the Consumer Financial Protection As the leading trader of derivatives anyone’s calculation. Bureau- the only agency in the Federal But it pales in comparison to the in 2007, it has been estimated that Government solely dedicated to look- complex and previously unregulated Barclays stood to lose or gain $40 mil- ing out for consumers’ financial inter- $300 trillion swaps market now under lion per day. ests. The settlement between regulators CFTC’s purview because of Dodd- This agency has already been a game- and Barclays lays bare a scenario Frank. That is eight times the size of changer when it comes to curbing the where traders not only regularly at- the futures markets. tricks in consumer financial products. Common sense tells you that it is im- tempted to manipulate LIBOR, but It is bringing transparency and fairness possible for an agency to increase its they didn’t even try to hide it. to mortgages, private student loans, responsibility eight-fold while its re- Once the financial crisis hit in 2008, and credit cards. sources are cut by 41 percent. Last week, the CFPB announced its manipulating LIBOR was also about Yet, that hasn’t stopped the Repub- first ever enforcement action. It di- survival. licans in the House. They recently re- rected Capital One to pay about $150 Banks were under intense scrutiny. If ported out of Committee a bill that million to more than 2 million con- it cost a bank more to borrow money, cuts funding requested in the Presi- sumers who had purchased deceptively it could be an indicator that other dent’s fiscal 2013 budget by $195 million marketed add-on products to their banks thought lending to the bank was for the SEC and $128 million for the credit cards. risky. CFTC. In Barclays’ settlement with regu- That’s a 41 percent cut for the CFTC This is a big step forward. It shows lators the bank admitted that it under- and a 12 percent cut for the SEC—from there is a real cop on the beat when it reported the cost of borrowing during the President’s request. comes to consumer protection. the financial crisis to mislead regu- Keep in mind that while Congress I am proud of what this agency has lators and the public about the true fi- sets the level of funding for the SEC, it accomplished so far, and I look forward nancial health of the firm. is largely funded through fees on trad- to seeing it continue its important Unfortunately, it seems as if the ing volumes. So the cuts to the SEC work for years to come. Barclays settlement is just the tip of aren’t about concern for saving tax- Another important provision in the the iceberg. payer dollars—it is simply a way to re- Wall Street Reform bill was the provi- Lawsuits worth billions of dollars move the regulators’ ability to prop- sion I drafted to reform debit card have been filed against banks alleging erly function. swipe fees. wrongdoing. Regulators in the U.S., When financial tragedies befall peo- The swipe fee is a fee that a bank re- Canada, Japan, EU, Switzerland, and ple—think of missing customer funds ceives from a merchant when the mer- Britain are reportedly investigating. at MF Global or Peregrine—we want chant accepts a credit or debit card U.S. regulators should be fully en- investigators to find out what hap- that the bank issued. This fee is taken gaged in investigating the LIBOR proc- pened and seek recovery of money to as a cut of the transaction amount. ess and any wrongdoing by U.S. banks. the families and farmers who trusted Now, the vast majority of bank fees However, U.S. financial regulators those companies. Those are the jobs are set in a transparent and competi- can’t conduct the necessary investiga- the Republicans want to cut. tive market environment, with each tions into claims of wrongdoing or en- This tells firms such as Peregrine bank setting their own fee rate and force new laws meant to rein in Wall that while we have laws on the books competing over them. That is not the Street if they don’t have the people, they must follow, we aren’t going to case with swipe fees. software, and resources necessary to do give the regulators the resources to en- With swipe fees, the big banks de- the work. force them. cided they would designate the two Congress passed Wall Street reform The funding levels for the CFTC and giant card companies, Visa and because the largest financial institu- SEC reported out of the House prom- MasterCard, to set fees for all of them. tions in this country took advantage of ises we will face another situation like That way each bank could get the same loopholes and the unregulated swap MF Global or Peregrine in the future high fee on a card transaction without markets. because we won’t have enough cops on having to worry about competition. They drove our country into the the beat. And swipe fees are anything but worst economic recession in our life- A mere 4 years after the worst finan- transparent. Most consumers and even time. cial crisis in our lifetime and just sev- most merchants have no idea what In the aftermath, we said we are not eral weeks after the latest scandal kind of swipe fee is being charged when going down that road again. No more where farmers lost their hard earned they use a debit or credit card. too big to fail, no more bailouts. We money, this is simply irresponsible. The swipe fee system became an are going to have transparency and ac- We are still struggling to dig our way enormous money-maker for Visa, countability when it comes to swaps. out of a recession that resulted in mil- MasterCard, and the banks. They were

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5961 collecting an estimated $16 billion in far higher than the rates that their big The terms of the settlement include debit swipe fees and $30 billion in credit bank competitors receive. a $6 billion dollar payout from Visa, fees each year. In May, the Federal Reserve con- MasterCard and the banks to the plain- Those billions are paid by every mer- firmed that exempted banks and credit tiff merchants. That is a large number chant, charity, university, and govern- unions were receiving the same average it is nearly twice as much as the pre- ment agency that accepts payment by interchange rates they had gotten be- vious record payout in an antitrust card, and the costs are passed on to fore reform. case. And it is a clear sign that the American consumers in the form of The American Banker newspaper has card companies knew that their fees higher prices. noted that the ‘‘Small Banks’ Durbin were unreasonably high. By 2010, the U.S. swipe fee system Shield Worked’’ and prominent card in- But, $6 billion is only 2 months worth was growing out of control with no end dustry analyst Andrew Kahr noted that of credit card interchange fees. And the in sight. U.S. swipe fee rates had be- the ‘‘Durbin Doomsday Never Came.’’ settlement does not prevent Visa and come the highest in the world- far ex- Credit unions in particular are doing MasterCard from simply jacking up ceeding the actual costs of conducting well after swipe reform. Last year 1.3 their fees even higher than before. a debit or credit transaction. million Americans opened new credit The settlement does nothing to And there were no market forces union accounts, up from about 600,000 change the anticompetitive fee-fixing serving to keep fees at a reasonable the year before. And credit unions now that Visa and MasterCard do on behalf level. Merchants and their customers have a record number of members- al- of their member banks. In fact, it gives were being forced to subsidize billions most 92 million overall. Visa and MasterCard broad and perma- in windfall fees to the big banks. Now, it is important to note that nent legal immunity to continue doing I stepped in and introduced an there should be even more savings from exactly that in the future. amendment to the Wall Street reform swipe fee reform to merchants and con- Also, the settlement not only binds bill that for the first time placed rea- sumers. the merchants who are parties to it, When the Federal Reserve was writ- sonable regulation over debit swipe but it also binds every single American ing its final rule, the banks lobbied fees. merchant, charity, university, and them to weaken the final rule and raise My amendment said that if the Na- State or local agency that accepts a the debit swipe cap from 12 to 24 cents. tion’s biggest banks are going to let Visa or a MasterCard today or in the Then Visa and MasterCard promptly Visa and MasterCard fix swipe fee rates future. jacked up any swipe fee rates that were for them, then the rates must be rea- It bars all of them from ever bringing below 24 cents so that this 24 cent ceil- sonable and proportional to the cost of a legal claim in the future against ing became a floor. processing a transaction. No more un- Basically, the banks and card compa- Visa, MasterCard, or the big banks re- reasonably high debit swipe fees for big nies lobbied the Fed for a loophole, and lating to any swipe fee, other merchant banks. when they got one, they ran through it. fee, or network rule, no matter how un- The regulatory steps that my amend- This needs to be fixed going forward, fair or unreasonable the fees or rules ment proposed were modest. Most and I am confident it will be fixed. may be. other countries have gone much fur- The bottom line, though, is that the And this settlement gives Visa and ther in regulating swipe fees. swipe fee reform that Congress enacted MasterCard legal immunity not just But the banks and the card compa- in 2010 has gotten off to a good start. It for credit cards, but also for debit nies screamed bloody murder. is working, and it is laying a solid cards, and prepaid cards and mobile My amendment passed the Senate foundation for further reforms to im- payment systems. with 64 votes, and it was signed into prove the credit and debit systems. The extent of the free pass Visa and law with the rest of Wall Street re- I am afraid, however, that while MasterCard would get under this pro- form. And the swipe fee reforms took swipe fee reform has made important posed settlement is breathtaking. No effect last October. strides in Congress, the big banks and wonder the banks and cards were so As it turns out, debit swipe fee re- card companies are trying to undercut quick to come out in favor of this set- form is working pretty well. that reform in the courts. tlement. And no wonder Visa’s stock So far, reform has led to an esti- Recently a proposed settlement was hit an alltime high the next business mated $7 to $8 billion in annual debit announced in a long-running class ac- day. swipe fee savings for merchants. tion lawsuit. This lawsuit had been Now, the proposed settlement would That savings is a real shot in the arm filed back in 2005 by a number of mer- make some temporary changes to for American businesses that have been chants against Visa, MasterCard, and Visa’s and MasterCard’s rules. But in crushed by ever-rising swipe fees. the big banks that issue most of their my view, these proposed changes will Consumers are also benefiting as sav- credit cards. be ineffective in reining in Visa and ings are passed along from merchants The lawsuit was over credit card MasterCard’s unreasonable fees. through competition. interchange fees and the associated The bottom line is that this proposed After reform took effect in October, rules that Visa and MasterCard impose settlement does not make our credit we saw a massive level of retailer dis- on merchants. The suit alleged that card system better. counting that extended beyond the these fees and rules violate the anti- Instead, it gives Visa and MasterCard usual holiday season discounts. trust laws in the way that they are set. free reign to carry on their anti- And according to a USA TODAY arti- This lawsuit had the potential to competitive swipe fee system with no cle from May 11, a number of individual bring about important changes to the real constraints and no legal account- merchants are offering debit card dis- credit card system that would have ability to the millions of American counts for items such as gas, furniture, promoted transparency, enhanced com- businesses that are forced to pay their and clothing. This trend is expected to petition, and helped consumers. fees. continue and to grow. But the proposed settlement does not This is a stunning giveaway to Visa Furthermore, the banking industry do that. In fact, I believe this proposed and MasterCard, all for a payout of a had claimed that small banks and cred- settlement represents a capitulation to mere 2 months worth of swipe fees. it unions would be hurt by debit swipe the Wall Street banks and credit card This is a bad deal, but it is not a done reform- even though all institutions giants. It is a sweetheart deal for them deal. The merchant plaintiffs still have under $10 billion in assets were exempt- and a bad deal for merchants and for to decide if they will support it, and ed from fee regulation. consumers. the court must approve it. Several As it turns out, small banks and The settlement was negotiated in se- plaintiffs—the National Association of credit unions have thrived since reform cret between Visa, MasterCard, the big Convenience Stores, the National Gro- took effect. banks, and the attorneys representing cers Association and the National Com- Why? Because under my amendment, a small number of merchants. The vast munity Pharmacists Association—have small banks and credit unions can con- majority of merchants had no idea already rejected the deal. tinue to receive the same high inter- what was in the proposed settlement Now, I am not a party to this law- change rates from Visa and MasterCard until it was unveiled. suit, but I care deeply about making

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5962 CONGRESSIONAL RECORD — SENATE August 2, 2012 the credit and debit card systems in begin work as an assistant solicitor in There being no objection, the mate- this country more transparent, more the U.S. Patent and Trademark Office. rial was ordered to be printed in the competitive, and more fair. Joe’s service there will be essential RECORD, as follows: I have worked hard over the years to given that the agency is continuing to [From the National Review Online, July 31, make sure that merchants and con- implement the patent reform bill that 2012] sumers do not get nickled and dimed to Joe did so much to create. CULTURE DOES MATTER death with hidden and unreasonable I would be remiss if I did not also (By Mitt Romney) note that some of Joe’s important serv- fees from Visa and MasterCard, and we During my recent trip to Israel, I had sug- have made great strides. ice has been in the bills he helped en- gested that the choices a society makes That is why I am speaking out about sure did not become law. Our job as about its culture play a role in creating pros- my concerns with this proposed settle- legislators is not to jump at every perity, and that the significant disparity be- ment. I know that Visa, MasterCard, shadow, but to exercise caution when tween Israeli and Palestinian living stand- and the banks are thrilled with this others seek to rush ill-considered legis- ards was powerfully influenced by it. In some settlement, but this is not a settlement lation through the body. Joe’s counsel quarters, that comment became the subject I would agree to. and his strategic guidance have been of controversy. But what exactly accounts for prosperity if I hope that the remaining merchant essential in protecting the Nation from many, many bills that would have been not culture? In the case of the United States, plaintiffs will review the proposed set- it is a particular kind of culture that has tlement carefully and think hard about contrary to good public policy. made us the greatest economic power in the whether it will be good for the future So I want to thank Joe and wish him history of the earth. Many significant fea- of our credit and debit card systems. the best as he leaves for the PTO. I also tures come to mind: our work ethic, our ap- They should not be anxious to sign want to thank his wife, Maren, and his preciation for education, our willingness to away that future and settle for a bad three children, John, Liddy, and Mar- take risks, our commitment to honor and deal. garet, for supporting him in these oath, our family orientation, our devotion to years of public service. I appreciate a purpose greater than ourselves, our patri- f Joe’s hard work and patriotic service otism. But one feature of our culture that TRIBUTE TO JOE MATAL and wish him the best in his new posi- propels the American economy stands out above all others: freedom. The American Mr. KYL. Mr. President, I want to tion. economy is fueled by freedom. Free people take a moment to recognize the service f and their free enterprises are what drive our of one of my longtime legal counsels on CULTURE DOES MATTER economic vitality. the Judiciary Committee, Joe Matal. The Founding Fathers wrote that we are Joe will be leaving the Senate in a few Mr. KYL. Mr. President, Governor endowed by our Creator with the freedom to weeks after 12 years of Senate service, Romney suggested on a recent trip to pursue happiness. In the America they de- and I wanted to say a few words of Israel that the culture of a society signed, we would have economic freedom, plays a role in its prosperity. Some just as we would have political and religious thanks. freedom. Here, we would not be limited by Joe is well-known on Capitol Hill as took offense to these remarks, and others disagreed with his premise. During the circumstance of birth nor directed by the a sharp, tenacious, and principled law- supposedly informed hand of government. We yer who fights hard for principle and the last few days, a debate has ensued would be free to pursue happiness as we wish. the public good. It is frankly remark- about how culture promotes pros- Economic freedom is the only force that has able to reflect on the breadth of issues perity. consistently succeeded in lifting people out I believe Governor Romney made an where Joe has played a major role in of poverty. It is the only principle that has important point. In a National Review his years of service, but I will list a ever created sustained prosperity. It is why piece entitled, ‘‘Culture Does Matter,’’ our economy rose to rival those of the few. he asks, ‘‘What exactly accounts for world’s leading powers—and has long since Joe was intimately involved in our surpassed them all. efforts to grapple with post-9/11 reali- prosperity if not culture?’’ After all, U.S. culture emphasizes The linkage between freedom and eco- ties, in particular through the Military freedom, equality, hard work, nomic development has a universal applica- Commissions Act and the Detainee bility. One only has to look at the contrast meritocratic excellence, upward mobil- Treatment Act and the reauthoriza- between East and West Germany, and be- ity, the rule of law, and a devotion to tions of the USA Patriot Act. tween North and South Korea for the family, education, and a purpose higher Joe has been instrumental in efforts starkest demonstrations of the meaning of than oneself. These cultural values, freedom and the absence of freedom. to ensure appropriate DNA testing of and others, have made America the Israel is also a telling example. Like the criminals and to ensure that the rape- world’s leading superpower—a beacon United States, the state of Israel has a cul- kit backlogs are cleared. He worked on of prosperity, freedom, and strength. ture that is based upon individual freedom the Adam Walsh Act and the Internet Millions of people have left their and the rule of law. It is a democracy that SAFETY Act. He is a go-to lawyer on has embraced liberty, both political and eco- homes over the centuries to come to criminal sentencing issues. Very re- nomic. This embrace has created conditions America and be part of our way of life. that have enabled innovators and entre- cently, he has been an essential adviser As Governor Romney writes, Israel is on negotiations relating to the cyber- preneurs to make the desert bloom. In the also a telling example of the role of face of improbable odds, Israel today is a security legislation. culture and prosperity. Like the United world leader in fields ranging from medicine I could go on and on. Joe has worked States, Israel’s culture is based on free- to information technology. on the animal crush video law I spon- dom and the rule of law. He writes that As the case of Israel makes plain, building sored, on False Claims Act amend- Israel’s embrace of political and eco- a free society is not a simple task. Rather, it ments, on open government laws, and is struggle demanding constant courage and nomic freedom: on legal reform bills such as asbestos sacrifice. Even here in the United States, . . . has created conditions that have enabled litigation reform, the Class Action which from our inception as a nation has innovators and entrepreneurs to make the been blessed with freedom, we faced monu- Fairness Act, and Bankruptcy Reform. desert bloom. . . . In the face of improbable He is also an expert on Indian Law and mental challenges in harmonizing our ideals odds, Israel today is a world leader in fields with our institutions. We fought a bloody has been an indispensable counsel on ranging from medicine to information tech- civil war against slavery and it took a non- my work that relates to Indian Coun- nology. violent civil-rights movement to bring polit- try in Arizona, but also on Indian pol- Of course other factors, such as eco- ical and social equality to all Americans. In icy nationwide. nomic policies, contribute to a coun- these epic struggles we changed our ‘‘cul- Finally, and most obviously, in re- try’s prosperity. But the evidence ture’’ and vastly improved it. cent years Joe has justly earned the re- shows that the role of culture I have just returned from a trip abroad. I spect of the legal and policy commu- shouldn’t be marginalized or dismissed. visited three lands—Israel, Poland, and nity nationwide as a major force in the I ask unanimous consent that Gov- Great Britain—which are defined by their respective struggles for freedom. I met with development of the patent reform bill ernor Romney’s entire article, ‘‘Cul- some of the greatest heroes of those strug- that Congress passed a year ago. In ture Does Matter,’’ be printed in the gles. I am always glad to return to American fact, when Joe leaves my office, he will RECORD. I urge my colleagues to read soil. On this occasion, I am only strength- remain in government service and it. ened in my conviction that the pursuit of

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5963 happiness is not an American right alone. Yet continuing resolutions are becom- was ‘‘mentally ill’’ and ‘‘unethical’’, Israelis, Palestinians, Poles, Russians, Ira- ing increasingly common because they for what appear to be nothing more nians, Americans, all human beings deserve are a convenient and temptingly easy than public comments made on the pa- to enjoy the blessings of a culture of freedom way to avoid hard decisions. Unfortu- per’s website by readers who ques- and opportunity. nately, the American people lose, the tioned presidential decisions. f country loses, and a great deal of time, On July 31, members of the police and the labor ministry, reportedly AUTOPILOT effort and money are wasted. f without a warrant, seized several items Mr. LEAHY. Mr. President, I am dis- and information from the offices of the appointed that Congress has agreed to FREEDOM OF EXPRESSION IN magazine Vanguardia for allegedly vio- put government funding decisions on ECUADOR lating labor laws. The magazine’s di- autopilot for the first 6 months of fis- Mr. LEAHY. Mr. President, several rector, Juan Carlos Caldero´ n, said the cal year 2013 through another con- weeks ago I spoke in this Chamber incident is an attempt to silence the tinuing resolution. This means, in ef- about the assault on freedom of expres- independent press in Ecuador. fect, that a half year’s worth of hear- sion in Ecuador, where President For those of us who want closer rela- ings, briefings, and drafting of a dozen Correa has sought to silence his critics tions between the United States and appropriations bills will have been for including the Special Rapporteur for other countries in the hemisphere, in- naught. Freedom of Expression at the Organiza- cluding Ecuador, and who believe it is I recognize there are many factors at tion of American States. everyone’s responsibility to stand up play this year as the clock ticks to- Last week, these attacks on legiti- for universal human rights of which ward the end of a fiscal year and to- mate expression reached a new height freedom of expression is the most cher- ward November. But continuing resolu- when, according to press reports, Ecua- ished, it is disappointing to see the tions are no way to run a government, dor’s Secretariat of Pueblos, Mireya path the Correa government is taking. and the consequences for the American Cardenas, said the government is inves- This is not about competing political people’s priorities, and for the agencies tigating Fundamedios to determine if philosophies, party affiliation, or na- and the dedicated workers who imple- the support it receives from the U.S. tional sovereignty. It is about pro- ment our policies, will be dramatic. Agency for International Develop- tecting the right of Ecuadoran journal- The world does not stand still, and ment—USAID—is being used to inter- ists and Fundamedios to be free of gov- time does not stand still. Cir- fere in ‘‘internal political affairs’’. She ernment interference, and of defending cumstances that should be reflected in specifically criticized Fundamedios for the constitutional rights of all of Ecua- our budget decisions are changing all lodging complaints at the Inter-Amer- dor’s citizens. The country’s first con- the time. Budgets are about choices. ican Human Rights Commission. She stitution, written in 1830, stipulated Budgets are about setting priorities. also attacked USAID for supporting that ‘‘every citizen can express their Doing this carefully and thoughtfully sustainable forestry, civil society orga- thoughts and publish them freely through hearings, through fact-finding nizations, and the development of local through the press.’’ Its current con- and through negotiations among the productive enterprises, which are de- stitution, just 4 years old, protects people’s representatives in Congress is signed to protect the environment and each citizen’s right ‘‘to voice one’s not an easy process, but it was not improve the livelihoods of the Ecua- opinion and express one’s thinking meant to be easy. Setting the process doran people. freely and in all of its forms and mani- on autopilot is anathema to making Mr. President, Fundamedios is a re- festations.’’ The people of Ecuador have a right to the right decisions for our country. spected Ecuadoran nonpartisan organi- receive uncensored information. Some- As the veteran reporter David Rogers zation that seeks to defend freedom of times that information is accurate, put it today in Politico: the press at a time when journalists sometimes it is not. Everyone in public and media organizations in that coun- Continuing resolutions do only one thing office knows that. Personal attacks well: ‘continue.’ They don’t allow for new try are being vilified and threatened by and inflammatory charges by top offi- starts and typically set funding at the cur- officials of the very government that cials weaken democratic discourse and rent rate enjoyed by an agency—with no should be protecting them. It is similar room for new ideas. have no place in a country with a long to the conduct we have seen in Russia, commitment to civil liberties. In fact, it is worse than that. As Egypt, Azerbaijan, Venezuela, and chairman of the State and Foreign Op- other countries whose governments f erations Subcommittee I am particu- mistakenly equate legitimate advocacy HONORING OUR ARMED FORCES larly mindful of changes that have oc- by civil society organizations with un- CAPTAIN SCOTT PATRICK PACE curred around the world in the past lawful political activity, as if Ecua- Mr. HATCH. Mr. President, today I year. The situation in the Middle East dor’s political affairs are the sole prov- rise to pay tribute to CPT Scott Pat- and North Africa is one of many exam- ince of those who the government ap- rick Pace, United States Army. Cap- ples. Our posture in Iraq and Afghani- proves of. tain Pace returned with honor to his stan is changing significantly. Humani- It is also important to reaffirm the heavenly home on June 6, 2012. By all tarian crises in Syria and South Sudan indispensable role of the Inter-Amer- accounts, he lived a life of service, hard are far greater than anyone envisioned ican human rights system, which has work, and faith. 1 year ago. At a time when the Chinese recently been targeted not only by While learning about Captain Pace’s are ratcheting up their strategic in- President Correa, but also by the lead- life, I was struck by the description of vestments across the globe to advance ers of other Latin countries with weak those closest to him. They repeatedly their national interests, the United and corrupt judicial systems who, in described the Captain as someone who States is stuck in neutral. the name of ‘‘reform’’, seek to limit ac- ‘‘strived to do well.’’ As a youth, he I sympathize with the chairman and cess to alternative fora for its citizens faced obstacles which would keep many vice chairman of the Appropriations to obtain justice for abuses by govern- from pursuing athletics. However, as a Committee and all the committee ment security forces. It is interesting testament to his character, Captain staff, who have worked hard to draft that these same governments welcome Pace pushed himself and overcame this and report bipartisan bills. The State the support of the OAS when it suits hurdle by becoming an accomplished and Foreign Operations bill was re- them, but campaign to weaken its athlete in basketball and swimming. ported on May 24 by a nearly unani- mandate when it does not. His coaches described him as someone mous, bipartisan vote. It has the strong To make a bad situation worse, who ‘‘took responsibility for himself support of Ranking Member GRAHAM, President Correa again recently at- and the team but never blamed his who worked closely with me in drafting tacked one of Ecuador’s most respected teammates. He’s the type of player it, as well as minority leader Senator newspapers. A few weeks ago, he said every coach wants . . . in fact ever MCCONNELL. With a day or so of floor on TV that an editor with El Universo coach wants five of him . . . Scott was time we could pass it and go to con- was ‘‘sinister.’’ And on July 28, he sug- a coach’s dream and a leader. He’ll be ference. That is the way it should be. gested that the editor of El Comercio missed dearly in this community.’’

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5964 CONGRESSIONAL RECORD — SENATE August 2, 2012 In addition, to his accomplishments most expensive fire in that State’s his- This treaty is personal to so many of in athletics, Captain Pace excelled in tory. Currently, there are 29 large un- us. I am deeply grateful to our com- academics. He was at the top of his contained wildfire burning across the mittee members for their thoughtful class in High School. He initially at- Nation, according to the National input on the treaty and the resolution tended Brigham Young University, be- Interagency Fire Center. of advice consent, and to Senator fore being called to a mission for the Wildfires like these underscore the MCCAIN and former Majority Leader Church of Jesus Christ of Latter-day urgent need to start modernizing our Dole, who are as deeply committed to Saints in Cordoba, Argentina. After his antiquated Forest Service airtanker this cause as Senator Kennedy was to mission, he was accepted to the United fleet. Airtankers are a vital tool capa- the original Americans with Disabil- States Military Academy at West ble of rapidly altering the paths of ities Act. Point. major fires and providing immediate Passing this treaty isn’t just the At West Point, Captain Pace contin- protection to ground personnel. Many right thing to do. It is also the smart ued to set the example by not only of the core aircraft operated by the thing to do. It will extend essential graduating with a major in nuclear en- Forest Service are Korean-era DC–3s protections to millions of disabled gineering, but continuing his love of and P–2Vs that are rapidly failing. Just Americans, including our disabled serv- athletics by playing varsity basketball, last month, a P–2V built in 1962 crashed ice men and women and veterans, when sprint football, and was a member of in Utah, tragically killing the pilot and they travel, study, work, and live West Point’s intercollegiate handball co-pilot. These are but a few examples abroad. In addition to enshrining the team. In fact, Captain Pace was named in long list of terrible accidents where principles of the ADA on the inter- the most valuable player when West worn out aircraft are being operated national level, the convention will pro- Point’s Handball Team won the Divi- far beyond their intended service lives, vide us with a critical tool as we advo- sion II National Championship. the perfect recipe for future accidents. cate for the adoption of its standards That is why Senator BILL NELSON, Upon graduating West Point, at the globally standards to which all of us Senator DIANNE FEINSTEIN, Senator same time as his brother, Rick, Cap- should aspire. By joining, we put our- MIKE JOHANNS, and I have introduced tain Pace chose aviation and became a selves in a stronger position to advance S. 3441, the Wildfire Suppression Air- OH–58 Kiowa Warrior helicopter pilot the goals of equality of opportunity, and a platoon leader. He then served craft Transfer Act of 2012. Our bill would transfer fourteen excess C–27J independent living, economic self-suffi- two back-to-back deployments, for a aircraft from the U.S. Air Force to the ciency, and full participation for indi- total of 20 months, in Iraq. viduals with disabilities. When he returned in 2009, Captain Forest Service to help recapitalize their airtanker fleet. These are nearly- The Disabilities Convention is a re- Pace was assigned to Fort Huachuca, flection of our values as a nation. It is AZ. There he completed the Captain’s new aircraft that will greatly enhance the mission flexibility and lifespan of who we are from the Civil Rights Act Career Course and intelligence train- the Forest Service fleet. This legisla- to the Voting Rights Act to the ADA. ing. After completing his studies, he tion is supported by the Forest Service We saw how America responded to hor- was assigned to Fort Bragg, where he as well as certain stakeholder groups rifying civil rights images—our coun- became the commander of Fox Troop, like the International Association of try met collectively to right a wrong 1st Squadron, 17th Cavalry Regiment, Fire Chiefs. at home and break the back of Jim 82nd Airborne Division. It was in this My colleagues and I attempted to Crow. Now is the time to step up and leadership role, when his helicopter pass this legislation before the Senate meet collectively to help make it right was shot down while engaging the adjourned for August recess. Regret- for the millions of Americans with dis- enemy in Ghazni Province, Afghani- fully, there are several members with abilities when they are overseas and stan. an interest in keeping these aircraft for the hundreds of millions of disabled I was also quite taken by the com- operating who objected to our bill, individuals throughout the world. ments of Captain Pace’s teammates, even though the Pentagon wants to re- This is one of those moments the fellow servicemembers, and friends who tire them. This is disappointing be- Senate was intended to live up to—and stated he always motivated them, not cause our legislation would not inter- it calls on all of us to provide leader- only to do their best, but to be their fere with the Congressional prerogative ship and find the common ground. The best, even when no one else was watch- to approve or reject the Department of winners of this treaty will not be de- ing. Defense force structure plan for Fiscal fined by party or ideology. The winners Captain Scott Patrick Pace was an Year 2013. Clearly, there are differing will be the American people. outstanding young man. He was among opinions over divesting the C–27J, and I I look forward to working with my the best our Nation has to offer. I know respect the right of Senators who want colleagues on both sides of the aisle to I am joined by the entire Senate in ex- to address that issue in the context of ensure that the Senate approves the tending our heartfelt condolences to the National Defense Authorization Disabilities Convention during the Captain Pace’s family. Elaine and I Act. Our legislation is intended as a 112th Congress. will always keep them in our prayers. post-divestment authority to ensure f f that that the C–27J is put to good use WILDFIRE SUPPRESSION fighting wildfires instead of being NOMINATIONS AIRCRAFT TRANSFER ACT OF 2012 mothballed. Over the August recess, I hope to work with the Members who Mr. GRASSLEY. Mr. President, a few Mr. MCCAIN. Mr. President, as Mem- have objected to S. 3441 because I be- weeks ago the president of the ABA a— bers depart Capitol Hill for August re- lieve these platforms can be utilized to purportedly nonpartisan organization— cess, wildfires will be raging across save lives and property. wrote a letter to the majority and Re- much of the Nation perhaps in their publican leaders regarding nomina- home States. Over 1.3 million acres f tions and the Leahy-Thurmond rule. I have burned this summer, and historic THE CONVENTION ON THE RIGHTS noticed that my good friend the chair- drought conditions will continue to fan OF PERSONS WITH DISABILITIES man of the Judiciary Committee en- the flames. Last year, my home State Mr. KERRY. Mr. President, I want to tered a copy of that letter in the of Arizona experienced the largest say a few words about the Convention RECORD. wildfire in State history, the Wallow on the Rights of Persons with Disabil- That letter failed to mention quite a Fire, which consumed over 500,000 ities. few pertinent facts. The Republican acres. This year has been particularly I am pleased to report that the For- leader and I sent the ABA a letter distressing for States like Colorado, eign Relations Committee approved which highlighted some of those facts. where the Waldo Canyon Fire near Col- this Treaty on July 26, the 22nd anni- I ask unanimous consent that this let- orado Springs forced the evacuation of versary of the Americans with Disabil- ter be printed in the RECORD. thousands of residents, destroyed more ities Act. I am also pleased that, like There being no objection, the mate- than 350 homes, threatened the U.S. the ADA, the Disabilities Convention rial was ordered to be printed in the Air Force Academy, and became the has strong bipartisan backing. RECORD, as follows:

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5965 OFFICE OF THE REPUBLICAN LEADER, committee for an astonishing 727 days—did Brentwood, NY. The goal of the Sisters U.S. SENATE, not merit any special consideration by the of St. Joseph continues to be to foster Washington, DC, June 25, 2012. ABA in the months preceding the last presi- love, unity and reconciliation among Mr. WILLIAM T. (BILL) ROBINSON III, dential election. all people and with this earth. For over President, American Bar Association, 321 North The situation on our circuit courts was Clark Street, Chicago, IL. equally dismal in June of 2004 when Presi- 150 years, the Sisters of St. Joseph of DEAR MR. ROBINSON: We were surprised to dent Bush was concluding his first term in Brentwood, NY have been faithful in receive your letter of June 20, 2012 urging, office. The overall vacancy rate on our cir- their vision to serve the world and its for the first time, confirmation of particular cuit courts was much higher than it is now. people. Since the creation of the Sis- circuit court nominees despite the existence And the Sixth Circuit, like the Fourth Cir- ters of St. Joseph of Brentwood order of the Leahy-Thurmond Rule. By any objec- cuit in 2008, was in crisis, with fully one- in 1856, there has been over 2,500 Sisters tive measure—overall circuit court vacancy fourth of its seats empty, even though the rate, vacancies on the respective circuit to serve, and currently there are 588 prior administration had nominated quali- serving or in retirement throughout courts, or judicial emergency designation— fied individuals to fill those vacancies as our appellate courts are doing, at least as well. And as in 2008. the ABA said nothing the United States. well, and in most respects much better, now when our democratic colleagues cited the There is not enough time in this Con- than when our democratic colleagues in- Leahy-Thurmond Rule—this time to justify gress to fully describe the work and ac- voked the Rule both times during the last filibustering several circuit court nominees complishments of the Sisters of St. Jo- administration. Given this exceptionally fair in the months preceding the 2004 presidential seph. But I would like to highlight treatment of President Obama’s judicial election. nominees, it is curious that your organiza- some of the work of these three re- The ABA presents itself to the public as a markable nuns. tion would choose now to urge the Senate non-partisan. professional organization. not to follow its practice of suspending the However, it has chosen to advocate for this Sister Alice Francis Young joined the processing of circuit court nominations in Administration’s circuit court nominees in Convent of the Sisters of St. Joseph in the months preceding a presidential election. the few remaining months before this presi- 1932, and since then has proven to be a This unprecedented action raises questions dential election, when it chose not to do so pioneer and integral force in early about the American Bar Association’s objec- before either of the last two presidential childhood education. Sister Young’s ca- tivity and neutrality. elections despite much more compelling cir- While the circuit court vacancy rate in reer milestones include helping to start cumstances. This sort of selective advocacy June 2008 was the same as it is now, there the first Head Start program in New is precisely why so many people question the were twice as many judicial emergencies in ABA’s professed neutrality. York, working as a master teacher at the circuit courts at that time. The Fourth We will continue to work with the senate St. Joseph’s College in Brooklyn for 20 Circuit Court of Appeals, in fact, was in cri- majority to process judicial nominations, years, and being a professor of child sis. Fully one-fourth of its seats were empty, consistent with the practices of the Senate— study at St. Joseph’s for over 40 years. even though the prior administration had practices strongly defended by our Demo- nominated outstanding individuals to till She has helped educate thousands of cratic colleagues during the previous admin- them. Despite the crisis facing the Fourth children and given them the ability to istration and about which the ABA said Circuit in June of 2008, our democratic col- reach their potential. nothing. Indeed, the Senate will vote on an- leagues refused to process any of President other judicial nomination tomorrow. If con- Sister Francis Gerard Kress has been George W. Bush’s four, well qualified nomi- firmed, that will be the 151st lower court a Sister of St. Josephs for 80 years, nees. confirmation already for this Administra- working on community activism and For instance, the Senate twice had unani- tion, in addition to two Supreme Court being a champion for health care and mously confirmed Judge Robert Conrad to nominations—a confirmation total far great- the important positions of United States At- environmental protection. In Sep- er than what was achieved under comparable torney and federal district court judge. By tember 1982, Sister Kress testified be- circumstances during the last administra- this time in June of 2008. his nomination to fore the U.S. House of Representatives tion. We hope that in the future the ABA the Fourth Circuit had been pending for 344 Subcommittee on Water Resources and will take a balanced approach to assessing days. Our democratic colleagues refused to the judicial confirmation process in the Sen- in doing so shed light on her work process his nomination, notwithstanding ate. around the environmental dangers that support from home state senators, a unani- Sincerely, existed near Newton Creek in Wil- mous well qualified rating from your organi- MITCH MCCONNELL, liamsburg, Brooklyn, NY. Her work has zation, and—in contradistinction to any of Republican Leader, the three nominees mentioned in your let- since helped to protect a community U.S. Senate. ter—the Administrative Office of the U.S. from these dangers and enlighten the CHUCK GRASSLEY, Courts had declared the vacancy to which he Nation to the importance of the Clean Ranking Member, Ju- was nominated to be a judicial emergency. Water Act. Senate democrats refused to process three diciary Committee U.S. Senate. Sister Edward Joseph Murphy is 99 other qualified nominees to the Fourth Cir- years old and joined the Order of the cuit. Steve Matthews had support from home f Sisters of St. Joseph in 1932. She spent state senators, and by this time in 2008, had RECOGNIZING THE SISTERS OF ST. been pending for 293 days. Judge Glen Conrad her life educating at the primary and had been confirmed to the district court in JOSEPH OF BRENTWOOD, NY secondary levels, helping children 2003 by the unanimous vote of 89–0. Both Mr. SCHUMER. Mr. President, We throughout this Nation improve their home state senators, one republican and one rise today to honor three great Amer- lives through education and commu- democrat, strongly supported his nomina- ican heroes and their devoted organiza- nity service, as well as help new arriv- tion. Rod Rosenstein, the then and current tion. In Long Island, NY there are als to this Nation with English by way U.S. Attorney for Maryland, also would have of her Orders’ English as a Second Lan- filled a judicial emergency on the Fourth three American nuns that have been Circuit. Nonetheless, democrat home state working to ease the burden of the poor guage programs. Sister Murphy also Senators blocked his nomination—incred- and the sick and educate our youth for spent over 20 years caring for the com- ibly—for the reason that he was doing a the past 80 years. munity and residents of Merrick, Long ‘‘good job’’ as U.S. Attorney and ‘‘that’s Sister Francis Gerard Kress, Sister Island, NY by visiting homes, nursing where [they] need him.’’ Edward Joseph Murphy and Sister homes and hospitals, bringing food and Our democratic colleagues’ record with re- Alice Francis Young are all nuns with toys, and assisting in times of crisis. spect to these nominees was so abysmal that For the past 80 years, Sister Francis even the Washington Post editorial board the Sisters of St. Joseph of Brentwood, called them to task, writing. ‘‘[T]he Senate NY and have given this order and their Gerard Kress, Sister Edward Joseph should act in good faith to fill vacancies— community over 80 years of service. Murphy and Sister Alice Francis not as a favor to the president but out of re- Mrs. GILLIBRAND. The Sisters of St. Young have dedicated their lives for spect for the residents, businesses, defend- Joseph first came to the United States the betterment of others in New York, ants and victims of crime in the region the to Carondelet, MO in 1836, and estab- the United States and around the 4th Circuit covers.’’ The ABA, by contrast, lished a school dedicated to the edu- world. We are humbled to have the op- said nothing when Senate democrats invoked cation of deaf children. Mother Austin portunity to recognize the life and the Leahy-Thurmond Rule and stopped proc- service of these amazing women and essing circuit court nominations in June of Kean, accompanied by Sister Baptista 2008. These outstanding nominees, along Hanson and Sister Theodosia Hegeman, everlasting mark they left on so many. with others like Peter Keisler—who by this came to Brooklyn in 1856 to found what Mr. SCHUMER. Mr. President, we date in June of 2008 had been bottled up in is now, the Sisters of St. Joseph of would like the United States Senate to

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5966 CONGRESSIONAL RECORD — SENATE August 2, 2012 recognize and honor the work of the lower 48, are experiencing drought con- That means that the retail price of a Sisters of St. Joseph of Brentwood, NY; ditions. Drought conditions stretch pound of chicken is equal to the price and the lifelong dedication of Sisters from coast to coast and encompass of corn feed. And corn is just one input Francis Gerard Kress, Edward Joseph nearly every State south of 42nd par- cost to raising poultry. Murphy and Alice Francis Young for allel west of the Mississippi River Clearly market conditions like this their 80 years of service to their reli- while also including nearly all of Flor- are not sustainable for maintaining a gion, professions and country. ida, Alabama, Georgia and South Caro- viable domestic poultry industry. f lina. It is also worth noting that farm- Domestic poultry, beef, and pork pro- ers on Delmarva peninsula are coping ducers operate without the safety nets REMEMBERING GORE VIDAL with a drought of their own as well as commodity growers have. Those do- Mrs. BOXER. Mr. President, today I record high temperatures. mestic producers that are still owned rise to pay tribute to the great talents While these conditions undoubtedly by U.S.-based companies are at an even and accomplishments of Gore Vidal, present challenges for commodity greater disadvantage, because many of the extraordinary American writer who growers, agricultural science, modern the foreign owned meat and poultry died this week at age 86 in California, farming techniques and a series of fi- companies in the U.S. can afford to op- where he spent the last 9 years of his nancial support programs help com- erate at a loss for extended periods of life. modity growers cope with increasingly time because they have financial back- Gore Vidal was a child of the Sen- difficult growing conditions. ing from state-run banks overseas. ate—or more precisely, a grandchild of These advances in farming, combined Our meat and poultry producers are the Senate. His maternal grandfather with robust grower supports like com- in dire need of relief if they are going was Senator Thomas Pryor Gore of modity direct payments and federally to survive into the future. One way to Oklahoma, and the writer’s happiest subsidized crop insurance premiums, provide some relief for poultry and childhood memories were of the times along with a high market price for livestock growers would be to modify he lived at Senator Gore’s Washington corn, driven by increased demand for the Renewable Fuel Standard’s ethanol home. According to Vidal’s New York corn from a variety of sectors, includ- production mandate for corn ethanol so Times obituary, ‘‘He loved to read to ing ethanol producers who must meet as to provide our farmers better access his grandfather, who was blind, and government mandates to produce 15.2 to the corn stocks they need. sometimes accompanied him onto the billion gallons of ethanol this year, all Food producers—including livestock Senate floor.’’ Vidal himself later said, help U.S. grain growers survive this and poultry producers, who use tre- ‘‘At something like 13 or 14, I wanted difficult growing season. mendous amounts of corn to raise their to be a politician, but knew that I was Our national farm support programs livestock and produce food—do not a writer. . . .’’ are centered on assuring the financial have the luxury of a mandated market This change of career path worked security of commodity growers. How- for their products. out best for everyone. Gore Vidal’s ever, there is little to no assurances on I understand the important role do- prose was elegant and crystal clear, the availability and affordability of mestic ethanol production will play in and his range as a writer has seldom corn feed for livestock and poultry and helping our Nation achieve greater en- been equaled. His essays, perhaps his for food production broadly. ergy security. However, the nurturing greatest triumph, utilized and dis- This issue hits very close to home for and growth of our domestic biofuels in- played his wide-ranging interests, en- me as Maryland’s poultry industry con- dustry must not come at the expense of cyclopedic learning, and dazzling wit. tinues to struggle tremendously during our domestic food supply. In other He also wrote more than two dozen this drought because there is so little words, we cannot sacrifice U.S. food se- novels including a series on American corn feed available. What feed is avail- curity for energy security. That is why political history that is widely read able is extremely expensive. I do not support the use of food based and admired on both sides of the aisle— Feed accounts for more than 75 per- feedstocks like sugar and corn to be as well as plays, screenplays, television cent of the cost of raising poultry. commercially produced into ethanol. dramas, and two volumes of memoirs. Corn futures project the price of corn Domestic food production is reaching Gore Vidal twice ran for office, losing hitting $9 dollars a bushel by the end of a state of crisis driven by the increas- a 1960 run for Congress in upstate New the summer. As the price of feed con- ing cost of inputs, like corn, that the York and a 1982 Senate primary in tinues to rise, feed costs will make up food producers have to unfairly com- California. Despite these political set- an even greater percentage of the cost pete with industries that are operating backs, he remained convinced that to grow birds to market weight. with under government production ‘‘There is no human problem which And unlike raising hogs and cattle, mandates. could not be solved if people would which ruminant species that can eat That is why Senators BOOZMAN, MI- simply do as I advise.’’ He dispensed his other types of feed like soybeans or KULSKI and I introduced legislation advice with great wit and intelligence hay, chickens can only eat grains—in making a simple change to the Renew- for more than 60 years, and America is other words corn. able Fuel Standard to help provide do- far the richer for it. To understand how important the mestic food producers access to corn. f availability of affordable corn is let’s This legislation will link the amount take a look at chicken by the numbers: of corn ethanol required for the RFS to DROUGHT IMPACT As of today, the price per bushel of the amount of U.S. corn supplies. This Mr. CARDIN. Mr. President, I rise corn is $8.20. legislation sets up a process so that today to speak about the devastating One bushel of corn equals 56 pounds when the USDA reports on U.S. corn impact the drought gripping nearly 80 of shelled corn. supplies towards the end of each year, percent of the country is having on On average, it takes 7 weeks and 131⁄2 based upon the ratio of corn stocks to food producers. pounds of corn to raise a single chicken expected use, there could be a reduc- Fewer natural occurrences are more to market weight. tion made to the RFS mandate for corn devastating to agricultural production Market weight for a single chicken is ethanol. This is a commonsense solu- than extreme drought. The drought approximately six pounds, although tion to make sure that we have enough conditions the United States is facing the weight of the bird that is actually corn supplies to meet all of our corn today are considered the worst the meat is probably somewhere closer to demands. country has seen in more than 50 years. three or four pounds. Once a year, the administrator of the Data computed in the Palmer Approximately four birds can be Environmental Protection Agency will Drought Severity Index indicate that raised, from egg to slaughter, on a review the current corn crop year’s the severity of the current drought is bushel of shelled corn—or, a little more ratio of U.S. corn stocks-to-use ratio in on par with the Dust Bowl of the 1930s. than $2 worth of corn. making a determination of the RFS. USDA has determined that more The retail price for a whole three Another way to deliver some of this than 1,000 counties in 26 States, encom- pound chicken at a popular Maryland needed relief would be for the House to passing more than two thirds of the supermarket chain is $6 (at $2 per lb). immediately pass the Senate Farm Bill

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5967 that passed with bipartisan support in keep our Nation’s natural resources as That is why I do not support the use of the Senate in June. resilient as possible, even in the face of food based feedstocks like sugar and The livestock disaster provisions drought and other natural disasters. corn to be commercially produced into originally enacted in the 2008 Farm bill For the good of American agriculture ethanol. expired in 2011, leaving producers with- and the American consumer, I urge the I believe the future of biofuels must out disaster assistance for the current House leadership to take advantage of be in the development and production crop year. The Senate bill strengthens this last opportunity before the August of cellulosic and advanced biofuels that these programs and makes them retro- recess to do what is right and pass the are not derived from feedstocks that active to address the current drought Senate Farm bill. My hope is that are part of essential food sources. of 2012. House leadership will realize that it be- Because of corn’s many uses, it has As of July 17, approximately 73 per- hooves us, when we go home to our dis- become a commodity that is in high decent of cattle producing areas were af- tricts during the summer recess and at- mand. Assuring our domestic food pro- fected by moderate or more intense tend State and county fairs, to be able ducers’ access to this valuable and in- drought. to tell our farming communities that creasingly scarce crop is so important As I mentioned earlier, the Delmarva we sent a Farm bill to the President to controlling the cost of food in Amer- peninsula, where a fair amount of the with meaningful reforms and essential ica and maintaining the economic via- corn is raised for feed for Delmarva disaster relief to help them through bility of our U.S. food companies. poultry, is in a state of drought, as are these difficult times. I urge my colleagues to join Senators the regions of the country where the Personally, I want to be able to tell HAGAN, BOOZMAN, PRYOR, CHAMBLISS rest of the corn Delmarva poultry uses my poultry growers that Washington and I in calling on EPA to waive the is shipped in from. hears their plight. That is why, in addi- RFS corn ethanol production mandate Livestock disaster programs are crit- tion to urging House passage of the and call on the House to pass the Sen- ical as farmers and ranchers experience Senate Farm bill, I would also like to ate’s Farm bill. losses in livestock and grazing land due see further relief for poultry growers in f to extreme heat, drought, and fire. The the form of improved access to corn BRUMIDI GOLD MEDAL CEREMONY 2012 Farm Bill provides permanent feed. funding and authority for the Live- For decades, America’s corn growers Mr. ENZI. Mr. President, I ask unani- stock Disaster Programs. were outproducing demand for corn mous consent that the remarks I de- Beyond helping livestock and poultry from food producers. While consumers liver on July 11 at the Brumidi Gold growers, the 2012 Farm Bill also pro- may have benefitted from relatively Medal Ceremony be printed in the vides much needed assistance to fruit low corn prices, American corn and RECORD. and vegetable growers, too, by expand- grain growers were hurting badly. There being no objection, the mate- ing crop insurance coverage to these Since 2007, the tides have been turn- rial was ordered to be printed in the farmers. The bill also allows the Risk ing significantly. National demand for RECORD, as follows: Management Agency to conduct re- corn is at an all-time high and corn is STATEMENT ON S. 254 search and development on new crop likely to reach $9 a bushel in the near A BILL TO AWARD POSTHUMOUSLY A CONGRES- insurance products to expand access to future. A growing and hungry Nation, SIONAL GOLD MEDAL TO CONSTANTINO index-based weather insurance prod- combined with new demands for corn BRUMIDI CONSTANTINO BRUMIDI GOLD MEDAL ucts for fruit and vegetable growers. that are the result of technological in- CEREMONY, RAYBURN ROOM, DELIVERED JULY 11, 2012—11 AM The House appears poised to just novations, have created new uses for kick the can for a year. The House is corn in the form of ethanol as both a Mr. Speaker, Leaders, Mr. Ambassador, fellow Italians—and friends of Italy. This is a likely to consider a measure to merely motor fuel additive and in plastics. process that started about five years ago, extend the 2008 Farm Bill for a year, These new uses, combined with ex- and it’s the first one that one hundred Sen- while also offering some drought as- panded traditional uses, have fueled ators ever sponsored. It’s taken 5 years but sistance—paid for from cuts to con- the upward spike in corn prices. for Constantino Brumidi, there was no great- servation programs. The effects of the 2012 drought are er honor than being called an American cit- This is a plan that the American obviously a catastrophe that we cannot izen. It was a title he sought and then signed Farm Bureau opposes, and dem- legislate away. However, there are ac- with pride on the best of his work. onstrates both the dysfunction of the tions that the USDA and EPA could For my own family and for many of you, it wasn’t long after Constantino Brumidi left House—in that they won’t simply do take to help improve market access to for America, that my own ancestors heard what’s easiest and best for farmers by the corn stocks food producers need to the call for freedom and came here as well. taking up and passing the Senate bill— keep feeding America. Just like Constantino Brumidi they left the while also ignoring how vital farm con- Senators HAGAN, CHAMBLISS, PRYOR, beauty of Italy—its mountains and its sunny servation is to preventing agricultural BOOZMAN, and I have authored a letter shores—to come and be a part of the great disasters. to the EPA administrator calling for adventure called the United States. The Senate Farm Bill preserves the waiver of the Renewable Fuel And I swear that if you walk through these USDA conservation programs. The Standard’s conventional ethanol pro- halls late at night you can almost hear the whispers of the past and the hushed echoes of Natural Resource Conservation Serv- duction mandate for this year. Doing the voices of our Founding Fathers, past ice, formerly known as the Soil Con- so would allow food producers to com- Senators and Representatives as they de- servation Service, was born out of the pete fairly with ethanol producers for bated and discussed the issues of the day. tragedy of the Dust Bowl. corn. And perhaps Constantino, as he talks about The disastrous droughts of the 1930s While ethanol production is down, the art. taught us the lesson that we need to do due to high corn prices ethanol pro- The history books tell us that Constantino more to protect water and soil re- ducers are sitting on roughly 2.5 billion Brumidi was born in Rome of Italian and sources so that we do not repeat the production credits, known as RINs (Re- Greek heritage, and he had a great talent for painting that revealed itself at an early age. mistakes of the past. newable Identification Numbers), that After he came to the United States and one The 2012 Senate Farm bill conserva- they could cash in and further reduce day, after completing a commission, he tion programs are critical for keeping the perceived demand for corn and in- stopped in Washington, DC, to visit the Cap- America’s farmers and ranchers doing crease the supply available to food pro- itol on his way home, and looking at its tall, what they do best—growing and producers. blank walls and empty corridors, he must ducing a safe and stable food supply. I understand the important role do- have felt the excitement and inspiration Crops need healthy soil and plentiful mestic ethanol production will play in only an artist facing an empty canvas can water to grow, and natural disasters helping our Nation achieve greater en- know. On that day he began what was more like drought have a long-term impact ergy security. However, the growth of than an assignment for him—it was a labor of love—as he brought to life the great mo- on soil and water quality. our domestic biofuels industry must ments in American history for all of us to The Farm bill’s conservation title not come at the expense of our domes- see on the walls and ceilings. His efforts were provides farmers and ranchers access tic food supply. We cannot sacrifice destined to earn him the title of ‘‘America’s to the tools they need to conserve and U.S. food security for energy security. Michelangelo.’’

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5968 CONGRESSIONAL RECORD — SENATE August 2, 2012 Liberty is the philosophy that guided put, children’s off-road vehicles were he will be sorely missed—not just for Constantino Brumidi’s hand as it fired his never supposed to be subject to require- his skill and expertise but for his imagination and inspired his creations in our ments in the Consumer Product Safety composure, kindness, and unflappable nation’s Capital. Imagine what he would Improvement Act. good nature. We wish Tom well in his think if he could walk these corridors today. He would see that his beautiful work has The law was designed to protect our new position at the State Department stood the test of time, especially after being kids, but by banning youth-sized all- and know that we can expect to see cleaned up after the accumulated lamp terrain vehicles children were put at great things from him as he begins a smoke. He would know of the appreciation risk because they started riding over- new and exciting journey in public and admiration of countless visitors from sized adult vehicles that don’t take the service. our shores and around the world. He would same considerations as a model meant f see that his art continues to thrill the mil- to accommodate children. Once it be- VIOLENCE AGAINST WOMEN ACT lions who flock here every year. I believe he came clear that the Consumer Product would be both proud and humbled to be the Safety Commission was going to hold Mrs. SHAHEEN. Mr. President, I rise center of such attention. today to talk about the importance of Throughout the Capitol, each careful youth all-terrain vehicles to the new stroke of Brumidi’s brush will continue to lead requirements, I began working to passing the Violence Against Women remind us that we are blessed and truly for- find a solution to the problem. Act, and reauthorizing this critical tunate to live in this land of promise and op- That is why I pushed to pass the funding for survivors of domestic vio- portunity. amendments to the Consumer Product lence. We have heard about the protec- Now it is only fitting that the Congress of Safety Improvement Act last year to tions the Senate version offers that the the United States of America should bestow House does not, to women on college on Constantino Brumidi the nation’s highest exempt youth all-terrain vehicles from lead standards. August 12th will be the campuses, to women on tribal lands, to civilian honor—the Congressional Gold LGBT victims, and to immigrants. It is Medal—which incidentally is to be perma- 1-year anniversary of enactment of nently displayed in the Capitol. It will be the these amendments to Consumer Prod- important to remember all of the other only one displayed in the Capitol, and will uct Safety Improvement Act into law. programs supported by this important give people an opportunity to see what a I would like to commemorate the 1- legislation. Congressional Gold medal looks like. year anniversary of passage of these On this day, when preventive health And now I would like to introduce my col- amendments to Consumer Product care finally becomes available to 47 league and fellow Italian-American, Senator million women, including free domestic Pat Leahy of Vermont, who served since Safety Improvement Act that help protect our children and ensure they enjoy violence screening and counseling, it is 1974, and if you check his left lapel, he is worth taking a look at how domestic the outdoors for many years to come. wearing one of the highest awards that Italy violence impacts healthcare for women can give to a son of Italy. He was one of the f original sponsors on my Senate Constantino and families in this country. Brumidi bill and helped me gather every sin- TRIBUTE TO TOM SULLIVAN According to a study by the Centers gle signature to support this bill. Senator Ms. KLOBUCHAR. Mr. President, I for Disease Control, the average cost of LEAHY is the Chairman of the Senate Judici- rise today to recognize the exceptional health care services for women is more ary Committee, and is a senior member of leadership and dedication of my deputy than twice the average cost for men, both the Agriculture and Appropriations and this is largely due to the costs and Committee. I give you my fellow Italian, chief of staff Tom Sullivan, who has been with me since my first days in the impact of domestic violence. Senator Pat Leahy. The CDC estimates the direct health Senate and will soon be leaving to ac- f care costs associated with domestic vi- cept a senior adviser role at the U.S. CPSIA ANNIVERSARY olence to be around $4.1 billion every State Department. year. And we know this is a conserv- To say that Tom will be missed Ms. KLOBUCHAR. Mr. President, few ative estimate, because many victims would be an understatement. Over the states appreciate the importance of never come forward. outdoor recreation the way we do in last 6 years, he has distinguished him- But we have a proven tool in this Minnesota—whether it is cross-country self as an invaluable member of my fight, and that is the protections in the skiing, snowmobiling, fishing, hiking staff, rising through the ranks and fill- Violence Against Women Act. Since or off-roading, these activities are ing many key roles along the way. He the bill first went into effect in 1994, more than just hobbies for us—they are started out as a legislative assistant, reporting has increased by 51 percent a way of life and they are woven into but it wasn’t long before he was serv- according to the Department of Jus- the fabric of our economy. That is why ing as my deputy legislative director tice. The FBI reports that the number today I rise to commemorate the 1- and, eventually, my deputy chief of of women killed by an intimate partner year anniversary of the passage of the staff. has decreased by 34 percent. And lead standard exemptions for youth all- In many ways you could call Tom the VAWA saved $12.6 billion in its first 7 terrain vehicles. nerve center of my office—the utility years alone. Minnesota is home to many strong player who can step in and perform vir- It is not just that women are safer recreational product manufacturers tually any task that is asked of him, because of VAWA, our economy also that provide jobs and have helped move regardless of whether it is press strat- improves when domestic violence is our economy forward during these dif- egy or scheduling or legislative anal- successfully prevented, because fewer ficult times. Our economy doesn’t ysis. No policy was ever too complex women are going to the emergency hinge on churning money around Wall for him, no assignment too daunting, rooms, missing work, or deciding they Street, it hinges on building things and no challenge too thorny. cannot care for their children. the motorcycle and all-terrain vehicle Tom’s versatility is especially appar- I have had a chance to visit several industry is a shining example of that. ent in his knowledge of policy, which crisis centers in New Hampshire who This industry is not just about recre- spans the full spectrum of State and benefit directly from VAWA funding. ation—it is about jobs, it is about man- Federal issues. He came to my office Most recently, I visited the Monadnock ufacturing, and it is about preserving a with a background in foreign relations Center for Violence Prevention in key part of our culture and economy. but quickly became an expert in every- Keene, and had a chance to speak with I supported the Consumer Product thing from energy to technology to caseworkers and survivors. I spoke Safety Improvement Act when it health care, mastering and remem- with two women who told me that passed in 2008 because it addressed seri- bering even the most minute of details when they decided it was time to leave ous safety concerns about lead in chil- without losing sight of the forest for their abuser, they had no place else to dren’s toys. But when we have legisla- the trees. That is a rare talent, and go. tion as detailed and sweeping as the Tom has it in spades. And I asked them, ‘‘What would have Consumer Product Safety Improve- Mr. President, as you know, Senate happened if this center wasn’t here?’’ ment Act, certain adjustments and offices often become like their own lit- ‘‘My husband would have killed me,’’ clarifications sometimes need to be tle family units. In the last 6 years, replied one woman. made, as we saw with the lead limits Tom Sullivan has become an esteemed This is why we need to reauthorize for youth all-terrain vehicles. Simply member of the Klobuchar family, and the Violence Against Women Act. This

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5969 is about women who are in danger, and U.S. Marine and a member of the Con- tels and accommodations for travelers desperately need our help. necticut Army National Guard. For ex- on the National Road. This traffic I also had a chance to meet some traordinary bravery and sacrifice in along the road contributed to the children who were staying at the cen- the Pacific Theater during World War growth of the town as it became a reg- ter. And I would like to take a moment II, he was decorated with the Silver ular stopping point. to talk about how important this bill is Star and Purple Heart. He also served Although coal had been discovered for them, both children who witness courageously in the Korean war. But near the town as early as 1782, difficul- domestic violence, or are victims these honors reflected only part of the ties in transportation made mining in themselves. significance of his service. western Maryland impractical. But Centers all over New Hampshire and The city of Norwich will never forget with the local development of the Bal- the United States have child advocacy Tom’s good-spirited dedication to com- timore & Ohio Railroad and the Chesa- programs that offer support groups for munity, gracious sense of humor, and peake & Ohio Canal in the 1840s, coal children. Dawn Reams, Director of the engaging smile. He worked part-time mining began to flourish, providing Bridges Crisis Center in Nashua, NH, at both the Norwich Ice Rink and the tremendous economic opportunities for described that they have a full-time Norwich Golf Course. He also gave Frostburg. In 1846, Meshach Frost child advocate who receives funding years of devoted, hard work to Electric opened the Frostburg Coal Company from VAWA. We know that children Boat. and began to send the first large ship- are particularly vulnerable and ill- Throughout his lifetime, his service ments of coal to the east. Only 4 years equipped to deal with trauma. to his country never ebbed or ended. later, numerous other companies be- And this trauma affects them for Dressed in his Marine Corps dress came active in the area, including the their entire lives. A study by the World blues, he inspired current military Allegany Coal Company, the Maryland Health Organization found that chil- members, veterans, and citizens of Con- Coal Company, and the Washington dren raised in households where domes- necticut as a representative of ‘‘the Coal Company. By 1863, the economy of tic violence occurred are more likely greatest generation.’’ He and his broth- Frostburg and the surrounding area to have behavioral problems, drop out ers would visit local groups, telling was firmly tied to the increasingly of school early, and experience juvenile stories and sharing memories that dis- profitable coal industry. Another in- delinquency. A child who witnesses do- played their genuine pride of their dustry to develop during this period mestic violence between his or her par- military service for a country that was the manufacturing of fire bricks ents is more likely to view violence as they loved deeply. He was an eloquent, from high grade clays found in the an acceptable method of conflict reso- moving speaker, who instilled national area. In 1902, the Big Savage Fire Brick lution. Boys who witness domestic vio- Company was formed and to this day is lence are more likely to become abus- loyalty, civic duty, and the importance one of the major manufactures of fire ers, and girls who witness domestic vi- of public service at many parades, mili- bricks on the east coast. olence are more likely to become vic- tary ceremonies, and veterans organi- Frostburg State University, founded tims of domestic violence as adults. zations with memories of American The advocate at Bridges does her best bravery and sacrifice. in 1898, was donated to the State by the to prevent this cycle by providing safe- Through my moving conversations citizens of Frostburg and was intended ty planning for the children, teaching with Tom—most recently at the ribbon to train teachers for Maryland’s public them that they can live a life free of cutting for Jewett City, Connecticut’s schools. The school grew slowly from violence. There is free preventive care housing for homeless veterans—I came an original enrollment of 91 students for children. to know why he was a hero to so many. and has expanded to serve over 6,000 She told the story of one young boy, He inspired all to aspire to a life of students today. The University has be- Brian, who was nervous about return- valor and patriotism and to understand come a major economic engine for the ing to school. He was supposed to bring the true importance of working for the community and a hub for academic and with him a story about something fun greater good. cultural activity. he had done over the summer. Brian I ask my colleagues to join me in I ask my colleagues to join me in was staying at Bridges with his moth- honoring Tom—a national hero and a congratulating Mayor W. Robert Flani- er, and it had not been a fun summer. hero for all who adored and knew him gan and the residents of the city of So the child advocate organized a in daily life. He will live on through Frostburg on its bicentennial birthday barbeque in a park across the street the love of country, strength, friend- and 200 years of industry and inge- from the crisis center. ship, and comradeship that he instilled, nuity.∑ This is the type of healing we need and continues to instill to this day on f more of, and we can start by reauthor- the floor of the Senate. TRIBUTE TO DR. ROBIN W. izing the Violence Against Women Act. f MORGAN I urge all of my colleagues in the House ADDITIONAL STATEMENTS ∑ to pass the Senate VAWA, for women, Mr. COONS. Mr. President, it is with for children, for all survivors and for great pleasure that I wish to honor the those that have not yet come forward. exemplary service of Dr. Robin W. Mor- FROSTBURG, MARYLAND gan as the dean of the College of Agri- f ∑ Mr. CARDIN. Mr. President, I wish to culture and Natural Resources at the REMEMBERING GAETANO ‘‘TOM’’ recognize the 200th anniversary of the University of Delaware. For the past 10 MAZZARELLA city of Frostburg in western Maryland. years, Dr. Morgan has played an instru- Mr. BLUMENTHAL. Mr. President, I Frostburg is located in the moun- mental role in the expansion of agri- rise today to pay tribute to the life of tainous terrain of Alleghany County cultural research in her department Gaetano ‘‘Tom’’ Mazzarella, an ad- and sits on the eastern slope of Big and the development of higher edu- mired Connecticut constituent and Savage Mountain. Frostburg’s first set- cation in our State. As she steps down Norwich resident, military hero, and tlers arrived during the construction of from her position as dean to rejoin the beloved member of our veterans com- the National Road in 1811; the first per- University of Delaware’s faculty, I give munity. manent residents settled there a year my most sincere thanks to her and her I had the privilege and honor of later, in 1812, which is the bicentennial staff for their diligent and enduring ef- knowing Tom, who truly was extraor- we are observing September 14–16, 2012. forts to maintain the College of Agri- dinary in dedication to country, drive The town was formally incorporated in culture and Natural Resources’ reputa- to service, and passionate loyalty to 1816. It was originally called Mount tion as one of the best in the Nation. his fellow veterans. He was rich in per- Pleasant but the name was changed to Throughout her tenure as dean, Dr. sonality and so warm and generous to Frostburg, after Josiah and Meshach Morgan conducted many studies that me that I feel the loss almost as a fam- Frost. Meshach Frost built the city’s highlighted the substantial contribu- ily member. first house which later became home to tion of agriculture to Delaware’s econ- The Nation will be forever indebted the Stockton Stagecoach Company and omy. Through her research and profes- to Tom for his military service as a prompted the construction of other ho- sional leadership, she has relentlessly

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5970 CONGRESSIONAL RECORD — SENATE August 2, 2012 supported agriculture in Delaware and RECOGNIZING TIMBERLINE LODGE Great Depression. She has experienced has emphasized its importance to the ∑ Mr. MERKLEY. Mr. President, today the birth of the Internet, humanity’s financial well-being of our State. Dr. I wish to celebrate the 75th anniver- journey into space, and the eradication Morgan has always taken great pride sary of Timberline Lodge. of polio and smallpox. Birdie was born in her faculty, which brings new skills, Since being constructed in 1937 under before women had the right to vote, ideas, and innovation in various fields President Roosevelt’s Works Project but ninety-six years later, she sup- to the future of agriculture and natural Administration, Timberline Lodge has ported President Obama’s 2008 Presi- resources. Over the past decade, under served as a beacon for those looking to dential campaign. Upon meeting then- Dean Morgan’s guidance, the number of enjoy year-round recreational activi- candidate Obama, she told him: undergraduate applications to the Col- ties on one of the Nation’s most mag- ‘‘Young man, I have been alive through lege of Agriculture and Natural Re- nificent mountainsides—Oregon’s 17 Presidents and I am counting on you sources has doubled. The high caliber Mount Hood. being the 18th—don’t disappoint me!’’ of hired faculty and Dr. Morgan’s per- Overcoming a series of challenges in She urged President Obama to set new sistence in rebuilding several Univer- the first part of the 20th century that records and to challenge conventional sity of Delaware greenhouses has been threatened to close this lodge, Oregon’s wisdom because she knows the scope pivotal to the growth of the program. Timberline Lodge was declared a Na- and speed of change possible in Amer- I wholeheartedly thank Dr. Robin W. tional Historic Landmark by the U.S. ican life as few others do. Morgan for her service as dean of the Department of the Interior on Decem- Today, I join with my colleagues in College of Agriculture and Natural Re- ber 22, 1977. Without the tireless work the Senate in congratulating Birdie sources at the University of Delaware. of those who have cared for Timberline and her family on this amazing occa- Her model leadership and dedication Lodge over the years, specifically Rich- sion, and wishing her good health and ∑ improved the quality of education and ard L. Kohnstamm and the Friends of happiness. research offered within her depart- Timberline, the legacy of this national f ment. I wish her the best of luck as she treasure would not have endured. KANSAS STATE FIRE FIGHTER’S steps down to pursue other research Today, over 1.9 million people visit ASSOCIATION and teaching endeavors at the Univer- Timberline Lodge every year. This in- ∑ ∑ Mr.ROBERTS. Mr. President, this sity of Delaware. cludes the U.S. Ski Team, which trains August the Kansas State Firefighters at Timberline every summer. f Association will commemorate 125 Part of Timberline’s rich history is years of providing the great State of TRIBUTE TO SUSAN MARTINOVICH its role in many films. Most notably, Kansas with the safety, resources, and visuals of the exterior of the lodge were ∑ Mr. HELLER. Mr. President, today I preparedness it takes to ensure our used to depict the Overlook hotel in wish to recognize a native Nevadan for firefighters are able to protect our citi- ‘‘The Shining.’’ her accomplished career and lifelong zens. On August 3, 1887, five service As President Roosevelt said in 1937 commitment to the Silver State. Susan leaders met and organized the Kansas when he dedicated this lodge: ‘‘The Martinovich, director of the Nevada State Volunteer Firemen’s Associa- people of the United States are sin- Department of Transportation, NDOT, tion. Today, that organization is gularly fortunate in having such great will be retiring this summer after 28 known as the Kansas State Fire- areas of the outdoors in the permanent years with the agency. As an incredible fighters Association and has grown to possession of the people themselves— leader in recognizing and addressing 518 member fire departments. In 125 permanently available for many dif- the transportation needs of my home years, the Kansas State Firefighters ferent forms of use.’’ State for nearly three decades, Susan’s Association has never faulted on its It is my honor to celebrate the 75th talent will be difficult to replace. motto: Dedicated to the safety and anniversary of Timberline Lodge, a Susan started her career at NDOT as education of the Kansas firefighter. a rotation engineer where she became landmark that Oregon, and the Nation, ∑ We all know this summer has been familiar with the inner workings of the is lucky to have. hot and dry. We have seen the deadly department. Shortly thereafter, she f destruction fire can cause often with was promoted to the bridge division little warning. In times like these, fires CONGRATULATIONS BIRDIE ELISE and was responsible for the design of created by heavy drought have the po- DAVIDSON several structures in the State. Over tential to get out of control quickly. the next decade, Susan worked her way ∑ Mrs. MCCASKILL. Mr. President, Our courageous firefighters stand up through the agency and contributed today I wish to lead the Senate in con- ready to battle the flames whether nat- to the development of several major gratulating Mrs. Birdie Elise Davidson urally created or man-made. The Kan- freeway projects. In 2007, she was ap- on reaching her 100th birthday on Sep- sas Fire Fighter’s Association makes pointed as the first female director of tember 7 of this year. certain these selfless, dedicated men NDOT, where she assumed the role of Birdie was born in Muskogee, OK, to and women have the proper tools and managing the agency of more than Essie and Max Davidson and grew up resources to battle whatever they face. 1,800 individuals. As director, Susan with three brothers. She moved to St. With that in mind, it is with great continuously advocated for a solid and Louis when she married Mr. Louis pride that I ask the Senate to recog- comprehensive transportation plan, fo- Sachs. She and Mr. Sachs have three nize the Kansas Fire Fighter’s Associa- cused on creating jobs for Nevadans. children, seven grandchildren, and six tion for all it has done over the past 125 In 2011, she was named the first fe- great granddaughters. Her daughter, years and for the crucial work the male president of the American Asso- Marjorie, is married to Mr. Louis Sus- members continue to do to protect us.∑ ciation of State Highway Transpor- man, the U.S. Ambassador to Court of f tation Officials, AASHTO, a national St. James in the United Kingdom. Her organization representing highway and daughter, Nancy, lives in Highland RECOGNIZING THE RUN TO HOME transportation departments across the Park, IL. Her son Louis, Jr., lives in PROGRAM country. As president, she supported San Diego, CA. ∑ Mr. BROWN of Massachusetts. Mr. AASHTO’s mission of promoting the After retiring with her husband to President, I rise today to highlight the development, operation, and mainte- Key Biscayne, FL, Birdie earned rec- groundbreaking work that some ex- nance of a cohesive national transpor- ognition for her philanthropic activi- traordinary citizens from Massachu- tation system. ties. She is best known for her work for setts are doing to help veterans of the I wish Susan the best of luck in her the American Cancer Society. wars in Iraq and Afghanistan. After a future endeavors and look forward to The social and technological develop- decade of conflict, tens of thousands of what she will accomplish next. Today, ments that Birdie has witnessed in her servicemen and women are returning I ask my colleagues to join me in rec- lifetime are truly incredible. She has home with invisible wounds. They and ognizing her indelible service to the lived through two world wars, the rise their families are struggling to cope great State of Nevada.∑ and fall of the Soviet Union, and the with the effects of deployment-related

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5971 stress and traumatic brain injury. In remained close to her mother and her helping direct millions of dollars in New England alone, an estimated 50,000 brothers, George and Malcolm, for the grants to Alaska nonprofit organiza- Iraq and Afghanistan veterans experi- rest of their lives. She enrolled in the tions through the foundation, she ex- ence invisible wounds related to com- Margaret Morrison Carnegie College, pressed her own philanthropy to insti- bat, often requiring rigorous, individ- graduating with a bachelor’s degree in tutions like Providence Healthcare in ualized care. education, and later earned a master’s Alaska, Brother Francis Shelter, and The Department of Veterans’ Affairs in school administration from the Uni- the Alaska Native Heritage Center. plans to hire an additional 1,900 mental versity of Pittsburgh. Mary Louise also Perhaps her most visible impact on health staffers across the country. This received an honorary doctor of laws de- Alaska came from her service as head is a promising start, but the increasing gree from the Carnegie Institute of of the Municipality of Anchorage His- demand for mental health services, Technology. She was one of the first torical and Fine Arts Commission and delays in mental health treatment and two women to receive this degree. later as chair of the Anchorage Mu- appointments, and the growing divide In 1942, as the United States entered seum Foundation. Her vision, passion, between mental health specialists and World War II, Mary Louise left her job and personal effort led to the creation veterans requires that we do more. as an assistant principal in a school of the Anchorage Museum of Art and Thankfully, in New England, con- district near Pittsburgh and became a History in 1968. cerned citizens are not standing on the member of the first class of the new Mary Louise was intelligent, diplo- sideline waiting for the VA to solve the Women’s Army Corp. She rose quickly matic, principled, ethical, gentle, and problem. They are coming together through the ranks, and in 1957 became firm. She spent her life breaking bar- around our veterans and their families the fifth Commandant, a position she riers, challenging conventions, and right now to provide them with the occupied for 6 years as an appointee of seeking to improve opportunities for support they need. President Eisenhower and President those around her. Her impact can be The Run to Home Base Program of- Kennedy. During her 20 years of serv- felt virtually everywhere in Alaska, fers our heroes and their families a ice, she was awarded multiple medals whether improving the position of fam- place to turn. Developed through a col- and honors. As director of the Women’s ilies, founding a world-class museum, laborative effort of The Red Sox Foun- Army Corp unit, military historians enhancing health care research, or ad- dation and Massachusetts General Hos- credit her with major achievements, vancing education of Alaska Native pital, veterans have an opportunity to including increasing the Women’s cultures on a national stage. Her con- receive the compassionate support they Army Corp’s strength, insisting on ef- tributions have reached every corner of deserve from trained mental health fectiveness in command, working with Alaska. I join all Alaskans in paying my re- caregivers. The Run to Home Base Pro- Congress to amend laws that deprived spects and honoring the extraordinary gram is a perfect example of the kind women of service credit and benefits, life of Mary Louise Rasmuson and of unique partnerships and innovative and expanding the range of military know that for generations to come, ev- approaches that are sure to provide our opportunities open to women. At one eryone who walks into the Anchorage event honoring her, former U.S. Sec- newest generation of veterans with the Museum bearing her name will be retary of Defense William Perry said, world-class care that their selfless sac- doing the same. May she rest in peace.∑ rifices deserve. ‘‘When you hear about women seizing I have been proud to participate for new opportunities to serve, remember f the past 2 years in the Run-Walk to that they march behind Colonel RECOGNIZING SHUCKS MAINE Home Base at Fenway Park in Boston. Rasmuson.’’ LOBSTER This year’s event in May raised over $7 On November 4, 1961, she married ∑ Ms. SNOWE. Mr. President, my home million for the cause, a remarkable Elmer E. Rasmuson, chairman of the State has a worldwide reputation of ex- showing of support for our Nation’s he- National Bank of Alaska and a civilian cellence in the seafood industry. The roes. Imagine what could be done for aide in Alaska to the Secretary of De- natural blessings of our rich, rugged other veterans and their families fense. She announced that she would coast coupled with our fishermen’s around our country if this inspiring retire from the Women’s Army Corp as hard work and commitment to quality model were to spread. We have an obli- of July 31, 1962. In 1962, a civilian once is a recipe for success. Maine’s seafood gation to honor our veterans and their more, Mary Louise Rasmuson moved to industry has blossomed to prestige and families through timely, predictable Anchorage with her husband. The city is known for its superior product. This and effective care and compensation. had perhaps 50,000 residents at the reputation has been cultivated by Thanks to the Run to Home Program, time. She quickly became active in Maine’s industry leaders through years many in New England are making a civic affairs, and together Mary Louise of careful quality control and efforts to difference to better serve our veterans and Elmer formed a dynamic team that foster brand recognition. I rise today today.∑ was influential in the developing State. to commend one such company— f Mary Louise quickly adapted to life in Shucks Maine Lobster of Richmond, Alaska and became active in commu- REMEMBERING MARY LOUISE ME that exhibits the ingenuity and in- nity groups. She was a member of the novative spirit so characteristic of the RASMUSON Veterans of Foreign Wars and several small businesses in Maine. ∑ Ms. MURKOWSKI. Mr. President, other military organizations, the Founded in 2007 by CEO John Hatha- today I wish to honor Mary Louise American Association of University way, Shucks Maine Lobster is a sea- Rasmuson, who passed away on July 30, Women, Zonta, Rotary Wives, Pioneers food processing company with an in- 2012, in Anchorage, AK. She was an of Alaska, Anchorage Women’s Club, ventive solution to the most common Alaskan pioneer in every sense of the League of Women Voters, Anchorage predicament with lobster—extracting word—as a trailblazer in Alaska soon Republican Women’s Club, Alaska Na- the meat is so much work. Buying after statehood, to serving in the mili- tive Sisterhood, and National Associa- wild-caught lobster straight from local tary, creating pathways for Alaskan tion for the Advancement of Colored fishermen, Shucks then processes the access to better health and living con- People, among other groups. whole lobster using highly pressurized ditions, and as an advocate of stronger In 1967, Mary Louise began what water to loosen the shell from the education and culture. I have known would become 45 years of service on the meat. The lobsters are then carefully Mary Louise my entire life. She was a board of the Rasmuson Foundation, a shucked by hand and packaged in a warm, gracious woman with a bound- board whose mission is to support Alas- vacuum-sealed container for freshness less capacity to give herself and energy kan nonprofit organizations to help and extended refrigerator shelf life. to causes that impact every one of us. them become more efficient and effec- This allows for the lobster meat to be Mary Louise was born in East Pitts- tive in improving the quality of life for extracted whole—no easy feat, I assure burgh, PA, on April 11, 1911. Her father, Alaskans. She maintained an active you. This unique method yields fresh, George Milligan, died when she was 12. role in the affairs of the foundation and never cooked, preshucked lobster meat Her mother, Alice, emigrated from regularly attended board meetings that is now available on a large com- France at the age of 16. Mary Louise until her late nineties. In addition to mercial scale.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5972 CONGRESSIONAL RECORD — SENATE August 2, 2012 It is through the exceptional effort of At the court in the late 1960s, Judge As a judge, Dawson worked with fel- companies such as Shucks Maine Lob- Dawson worked with his mentor, fellow low Arkansan, Wilbur Mills, to help ster that Maine’s seafood industry has Arkansan, and chairman of the power- shape the legislation that created to- garnered its world renowned reputation ful House Committee on Ways and day’s U.S. Tax Court as an independent for premium quality products. The Means, Congressman Wilbur D. Mills, judicial body under article I of the Con- worldwide acclaim Shucks Maine Lob- to help shape legislation that reformed stitution. ster continues to receive at inter- the Tax Code and the U.S. Tax Court. In order to help self-represented tax- national food shows and chef competi- Judge Dawson also worked to establish payers, Judge Dawson worked to estab- tions adds to the long tradition of the small tax case procedure, which lish the small tax case procedure to Maine’s superior seafood. Their well- has made the arcane world of tax liti- simplify and allow tax litigation to be deserved accolades also promote Maine gation accessible to self-represented more accessible. He became the first as a brand. By producing such a deli- taxpayers, and he became the first judge in charge of the small tax case cious and more user-friendly way to judge in charge of the small tax case division. enjoy Maine’s fresh lobster, Shucks in- division. I would like to recognize Judge How- troduces and expands to new markets During his five decades of service to ard A. Dawson, Jr., for his commend- and furthers the positive reputation of the Tax Court, Judge Dawson’s col- able service as a Federal judge. I am all Maine seafood. leagues have three times chosen him as proud of his contribution to our Nation The creativity, dedication, and can- their chief judge. His work ethic is leg- and to the Natural State.∑ endary, and he has authored some 1,200 do spirit, so characteristic of Maine en- f trepreneurs, can be seen at Shucks opinions. But his contributions go far MESSAGES FROM THE PRESIDENT Maine Lobster in abundance. From a beyond his legal opinions, for with small lobster shack in Kennebunkport kindness, patience, and humor he has Messages from the President of the to a leader in the frozen lobster indus- made his mark on the lives and careers United States were communicated to try, Shucks has seen both the chal- of many at the court as colleague, the Senate by Mr. Pate, one of his sec- lenges and rewards of seeing an oppor- mentor, and friend. retaries. Judge Dawson has been supported in tunity and sailing towards it. I com- f this work by his wife of more than 66 mend Shucks Maine Lobster for all EXECUTIVE MESSAGES REFERRED their success and wish them well in the years, Marianne Dawson. Judge Daw- future.∑ son exemplifies the very best qualities As in executive session the Presiding of both a jurist and a public servant, Officer laid before the Senate messages f and it is with great pleasure that I rise from the President of the United TRIBUTE TO JUDGE HOWARD A. to salute him today.∑ States submitting sundry nominations DAWSON, JR. f which were referred to the appropriate ∑ Mr. PRYOR. Mr. President, today I TRIBUTE TO JUDGE HOWARD A. committees. wish to pay tribute to Howard A. Daw- DAWSON, JR. (The messages received today are son, Jr., a native son of the State of printed at the end of the Senate pro- ∑ Mr. BOOZMAN. Mr. President, today Arkansas, and his lifetime of exem- ceedings.) I wish to honor the longest serving plary service to our Nation. judge in the history of the U.S. Tax f On August 21, 2012, Judge Dawson Court—Judge Howard A. Dawson, Jr.— MESSAGES FROM THE HOUSE will celebrate the 50th anniversary of who will mark his 50th year as a Fed- his appointment to the U.S. Tax Court. At 12:03 p.m., a message from the eral judge on August 21, 2012. House of Representatives, delivered by He is the longest serving judge in the Judge Dawson, a native of Okolona, history of the court, and one of only Mrs. Cole, one of its reading clerks, an- AR, comes from a family of Arkansas nounced that the House has passed the four Federal judges appointed by Presi- educators. Because of his dent Kennedy who continue to serve on following bill, in which it requests the groundbreaking work to unify many concurrence of the Senate: the bench today. His longevity is re- rural schools in Arkansas, Judge H.R. 5986. An act to amend the African markable, but his achievements are Dawson’s father was dubbed ‘‘Dr. Rural even more so. Growth and Opportunity Act to extend the Education.’’ That reputation earned third-country fabric program and to add Judge Dawson hails from Okolona, Judge Dawson’s father a position with- AR, and comes from a long line of edu- South Sudan to the list of countries eligible in the Department of Interior and the for designation under that Act, to make cators—parents, uncles, and grand- family relocated to Washington, DC. technical corrections to the Harmonized Tar- parents—who made their mark in Ar- Judge Dawson started his Federal iff Schedule of the United States relating to kansas as teachers, school superintend- service right here at the U.S. Capitol the textile and apparel rules of origin for the ents, and State Education Department complex. A fellow Arkansan, Hattie Dominican Republic-Central America-United officials. Caraway—the first woman to win elec- States Free Trade Agreement, to approve the Judge Dawson’s earliest Federal serv- tion to the U.S. Senate—helped Judge renewal of import restrictions contained in ice had some ups and downs. Senator the Burmese Freedom and Democracy Act of Dawson get a job as an elevator oper- 2003, and for other purposes. Hattie Caraway—the first woman Sen- ator in what is now the Russell Senate ENROLLED BILLS SIGNED ator from Arkansas and the first Office Building woman in the country elected to serve During World War II, Judge Dawson The President pro tempore (Mr. a full term as a Senator—facilitated served as a captain in the U.S. Army, INOUYE) reported that he had signed his appointment as an elevator oper- where he was stationed in France and the following enrolled bills, previously ator in what is now the Russell Senate Germany. After the war, he earned his signed by the Speaker of the House: Office Building. Since then, however, law degree at George Washington Uni- S. 679. An act to reduce the number of ex- Judge Dawson’s career has been ‘‘all versity School of Law. Judge Dawson ecutive positions subject to Senate con- ups.’’ eventually joined the Internal Revenue firmation. As a young captain in the U.S. Army S. 1959. An act to require a report on the Service Office as chief of counsel after designation of the Haqqani Network as a for- in World War II, Judge Dawson served a brief time working in private prac- eign terrorist organization and for other pur- in France and Germany. After gradua- tice. In 1962, Judge Dawson was ap- poses. tion from law school in 1949 and a brief pointed to the Tax Court bench by stint in private practice, Judge Dawson President John F. Kennedy. At 2:52 p.m., a message from the joined the Internal Revenue Service Of- Well respected among his peers, House of Representatives, delivered by fice of Chief Counsel and held a series Judge Dawson was chosen to be chief Mr. Novotny, one of its reading clerks, of increasingly responsible positions, judge three times during his five-dec- announced that the House has passed rising to assistant chief counsel, ad- ade tenure. He has authored over 1,200 the following bills, in which it requests ministration, at the time of his ap- opinions, but he is also known for con- the concurrence of the Senate: pointment to the Tax Court bench in tributions that extend beyond his legal H.R. 897. An act to provide authority and 1962. writings. sanction for the granting and issuance of

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5973 programs for residential and commuter toll, S. 270. An act to direct the Secretary of the Florida, as the ‘‘Reverend Abe Brown Post user fee and fare discounts by States, mu- Interior to convey certain Federal land to Office Building’’. nicipalities, other localities, and all related Deschutes County, Oregon. H.R. 3412. An act to designate the facility agencies and departments, and for other pur- S. 271. An act to require the Secretary of of the United States Postal Service located poses. Agriculture to enter into a property convey- at 1421 Veterans Memorial Drive in Abbe- H.R. 1171. An act to reauthorize and amend ance with the city of Wallowa, Oregon, and ville, Louisiana, as the ‘‘Sergeant Richard the Marine Debris Research, Prevention, and for other purposes. Franklin Abshire Post Office Building’’. Reduction Act. S. 739. An act to authorize the Architect of H.R. 3501. An act to designate the facility H.R. 1402. An act to authorize the Archi- the Capitol to establish battery recharging of the United States Postal Service located tect of the Capitol to establish battery re- stations for privately owned vehicles in at 125 Kerr Avenue in Rome City, Indiana, as charging stations for privately owned vehi- parking areas under the jurisdiction of the the ‘‘SPC Nicholas Scott Hartge Post Of- cles in parking areas under the jurisdiction Senate at no net cost to the Federal Govern- fice’’. of the House of Representatives at no net ment. H.R. 3772. An act to designate the facility cost to the Federal Government. S. 3363. An act to provide for the use of Na- of the United States Postal Service located H.R. 1550. An act to direct the Attorney tional Infantry Museum and Soldier Center at 150 South Union Street in Canton, Mis- General to give priority in the allocation of Commemorative Coin surcharges, and for sissippi, as the ‘‘First Sergeant Landres Federal law enforcement personnel and re- other purposes. Cheeks Post Office Building’’. sources to States and local jurisdictions that have a high incidence of homicide or other The message further announced that The enrolled bills were subsequently violent crime. the house passed the following act, signed by the President pro tempore H.R. 1950. An act to enact title 54, United with an amendment, in which it re- (Mr. INOUYE). States Code, ‘‘National Park System’’, as quests the concurrence of the Senate: ENROLLED BILL SIGNED positive law. At 5:52 p.m., a message from the H.R. 2446. An act to clarify the treatment S. 300. An act to prevent abuse of Govern- of homeowner warranties under current law, ment charge cards. House of Representatives, delivered by and for other purposes. The message also announced that the Mrs. Cole, announced that the Speaker H.R. 3120. An act to amend the Immigra- House agreed to the following concur- has signed the following enrolled bill: tion and Nationality Act to require accredi- rent resolution, in which it requests H.R. 5986. An act to amend the African tation of certain educational institutions for the concurrence of the Senate: Growth and Opportunity Act to extend the purposes of a nonimmigrant student visa, third-country fabric program and to add and for other purposes. H. Con. Res. 135. Concurrent resolution au- South Sudan to the list of countries eligible H.R. 3158. An act to direct the Adminis- thorizing the use of the rotunda of the Cap- for designation under that Act, to make trator of the Environmental Protection itol for the presentation of the Congressional technical corrections to the Harmonized Tar- Agency to change the Spill Prevention, Con- Gold Medal to Daw Aung San Suu Kyi, in iff Schedule of the United States relating to trol, and Countermeasure rule with respect recognition of her leadership and persever- the textile and apparel rules of origin for the to certain farms. ance in the struggle for freedom and democ- Dominican Republic-Central America-United H.R. 3187. An act to require the Secretary racy in Burma. States Free Trade Agreement, to approve the of the Treasury to mint coins in recognition ENROLLED BILLS SIGNED renewal of import restrictions contained in and celebration of the 75th anniversary of the Burmese Freedom and Democracy Act of the establishment of the March of Dimes At 5:52 p.m., a message from the 2003, and for other purposes. Foundation. House of Representatives, delivered by H.R. 3706. An act to create the Office of Mr. Novotny, announced that the The enrolled bill was subsequently Chief Financial Officer of the Government of Speaker has signed the following en- signed by the President pro tempore the Virgin Islands, and for other purposes. rolled bills: (Mr. INOUYE). H.R. 3796. An act to reauthorize certain programs established by the Adam Walsh S. 270. An act to direct the Secretary of the f Child Protection and Safety Act of 2006. Interior to convey certain Federal land to MEASURES REFERRED H.R. 4073. An act to authorize the Sec- Deschutes County, Oregon. retary of Agriculture to accept the quit- S. 271. An act to require the Secretary of The following bills were read the first claim, disclaimer, and relinquishment of a Agriculture to enter into a property convey- and the second times by unanimous railroad right of way within and adjacent to ance with the city of Wallowa, Oregon, and consent, and referred as indicated: Pike National Forest in El Paso County, Col- for other purposes. H.R. 897. An act to provide authority and orado, originally granted to the Mt. Manitou S. 739. An act to authorize the Architect of sanction for the granting and issuance of Park and Incline Railway Company pursuant the Capitol to establish battery recharging programs for residential and commuter toll, to the Act of March 3, 1875. stations for privately owned vehicles in user fee and fare discounts by States, mu- H.R. 4104. An act to require the Secretary parking areas under the jurisdiction of the nicipalities, other localities, and all related of the Treasury to mint coins in recognition Senate at no net cost to the Federal Govern- agencies and departments, and for other pur- and celebration of the Pro Football Hall of ment. poses; to the Committee on Commerce, Fame S. 3363. An act to provide for the use of Na- Science, and Transportation. H.R. 4273. An act to clarify that compli- tional Infantry Museum and Soldier Center H.R. 1171. An act to reauthorize and amend ance with an emergency order under section Commemorative Coin surcharges, and for the Marine Debris Research, Prevention, and 202(c) of the Federal Power Act may not be other purposes. Reduction Act; to the Committee on Com- considered a violation of any Federal, State, H. R. 1369. An act to designate the facility merce, Science, and Transportation. or local environmental law or regulation, of the United States Postal Service located H.R. 1550. An act to establish programs in and for other purposes. at 1021 Pennsylvania Avenue in Hartshorne, the Department of Justice and in the Depart- H.R. 4362. An act to provide effective crimi- Oklahoma, as the ‘‘Warren Lindley Post Of- ment of Homeland Security to help States nal prosecutions for certain identity thefts, fice’’. that have high rates of homicide and other and for other purposes. H.R. 1560. An act to amend the Ysleta del violent crime, and for other purposes; to the H.R. 4365. An act to amend title 5, United Sur Pueblo and Alabama and Coushatta In- Committee on the Judiciary. States Code, to make clear that accounts in dian Tribes of Texas Restoration Act to H.R. 1950. An act to enact title 54, United the Thrift Savings Fund are subject to cer- allow the Ysleta de Sur Pueblo Tribe to de- States Code, ‘‘National Park System’’, as tain Federal tax levies. termine blood quantum requirement for positive law; to the Committee on the Judi- H.R. 5797. An act to exempt the owners and membership in that tribe. ciary. operators of vessels operating on Mille Lacs H.R. 1627. An act to amend title 38, United H.R. 2446. An act to clarify the treatment Lake, Minnesota, from certain Federal re- States Code, to furnish hospital care and of homeowner warranties under current law, quirements. medical services to veterans who were sta- and for other purposes; to the Committee on H.R. 6029. An act to amend title 18, United tioned at Camp Lejeune, North Carolina, Banking, Housing, and Urban Affairs. States Code, to provide for increased pen- while the water was contaminated at Camp H.R. 3120. An act to amend the Immigra- alties for foreign and economic espionage, Lejeune, to improve the provision of housing tion and Nationality Act to require accredi- and for other purposes. assistance to veterans and their families, tation of certain educational institutions for H.R. 6062. An act to reauthorize the Ed- and for other purposes. purposes of a nonimmigrant student visa, ward Byrne Memorial Justice Assistance H.R. 1905. An act to strengthen Iran sanc- and for other purposes; to the Committee on Grant Program through fiscal year 2017. tions laws for the purpose of compelling Iran H.R. 6063. An act to amend title 18, United the Judiciary. to abandon its pursuit of nuclear weapons H.R. 3158. An act to direct the Adminis- States Code, with respect to child pornog- and other threatening activities, and for trator of the Environmental Protection raphy and child exploitation offenses. other purposes. Agency to change the Spill Prevention, Con- The message also announced that the H.R. 3276. An act to designate the facility trol, and Countermeasure rule with respect House has passed the following bills, of the United States Postal Service located to certain farms; to the Committee on Envi- without amendment: at 2810 East Hillsborough Avenue in Tampa, ronment and Public Works.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5974 CONGRESSIONAL RECORD — SENATE August 2, 2012 H.R. 3706. An act to create the Office of tration, Department of Transportation, Airplanes’’ ((RIN2120–AA64) (Docket No. Chief Financial Officer of the Government of transmitting, pursuant to law, the report of FAA–2012–0189)) received in the Office of the the Virgin Islands, and for other purposes; to a rule entitled ‘‘Amendment of Air Traffic President of the Senate on July 31, 2012; to the Committee on Energy and Natural Re- Service Routes; Southwestern United the Committee on Commerce, Science, and sources. States’’ ((RIN2120–AA66) (Docket No. FAA– Transportation. H.R. 3796. An act to reauthorize certain 2012–0287)) received in the Office of the Presi- EC–7110. A communication from the Senior programs established by the Adam Walsh dent of the Senate on July 31, 2012; to the Program Analyst, Federal Aviation Adminis- Child Protection and Safety Act of 2006; to Committee on Commerce, Science, and tration, Department of Transportation, the Committee on the Judiciary. Transportation. transmitting, pursuant to law, the report of H.R. 4273. An act to clarify that compli- EC–7102. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; ance with an emergency order under section Program Analyst, Federal Aviation Adminis- Boeing Vertol (Type Certificate Currently 202(c) of the Federal Power Act may not be tration, Department of Transportation, Held by Columbia Helicopters, Inc. (CHI)) considered a violation of any Federal, State, transmitting, pursuant to law, the report of and Kawasaki Heavy Industries, Limited or local environmental law or regulation, a rule entitled ‘‘Establishment of Class D Helicopters (Kawasaki)’’ ((RIN2120–AA64) and for other purposes; to the Committee on Airspace and Amendment of Class E Air- (Docket No. FAA–2012–0730)) received in the Office of the President of the Senate on July Environment and Public Works. space; East Hampton, NY’’ ((RIN2120–AA66) 31, 2012; to the Committee on Commerce, H.R. 4362. An act to provide effective crimi- (Docket No. FAA–2012–0217)) received in the Office of the President of the Senate on July Science, and Transportation. nal prosecutions for certain identity thefts, EC–7111. A communication from the Senior 31, 2012; to the Committee on Commerce, and for other purposes; to the Committee on Program Analyst, Federal Aviation Adminis- Science, and Transportation. the Judiciary. tration, Department of Transportation, EC–7103. A communication from the Senior H.R. 4365. An act to amend title 5, United transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- States Code, to make clear that accounts in a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, the Thrift Savings Fund are subject to cer- The Boeing Company Airplanes’’ ((RIN2120– transmitting, pursuant to law, the report of tain Federal tax levies; to the Committee on AA64) (Docket No. FAA–2011–0304)) received Homeland Security and Governmental Af- a rule entitled ‘‘Establishment of Area Navi- in the Office of the President of the Senate fairs. gation (RNAV) Routes; Southwestern United on July 31, 2012; to the Committee on Com- H.R. 5797. An act to amend title 46, United States’’ ((RIN2120–AA66) (Docket No. FAA– merce, Science, and Transportation. States Code, with respect to Mille Lacs 2012–0286)) received in the Office of the Presi- EC–7112. A communication from the Senior Lake, Minnesota, and for other purposes; to dent of the Senate on July 31, 2012; to the Program Analyst, Federal Aviation Adminis- the Committee on Commerce, Science, and Committee on Commerce, Science, and tration, Department of Transportation, Transportation. Transportation. transmitting, pursuant to law, the report of H.R. 6062. An act to reauthorize the Ed- EC–7104. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; ward Byrne Memorial Justice Assistance Program Analyst, Federal Aviation Adminis- The Boeing Company Airplanes’’ ((RIN2120– Grant Program through fiscal year 2017; to tration, Department of Transportation, AA64) (Docket No. FAA–2012–0149)) received the Committee on the Judiciary. transmitting, pursuant to law, the report of in the Office of the President of the Senate H.R. 6063. An act to amend title 18, United a rule entitled ‘‘Airworthiness Directives; on July 31, 2012; to the Committee on Com- States Code, with respect to child pornog- Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) merce, Science, and Transportation. raphy and child exploitation offenses; to the (Docket No. FAA–2012–0271)) received in the EC–7113. A communication from the Senior Committee on the Judiciary. Office of the President of the Senate on July Program Analyst, Federal Aviation Adminis- 31, 2012; to the Committee on Commerce, tration, Department of Transportation, f Science, and Transportation. transmitting, pursuant to law, the report of MEASURES PLACED ON THE EC–7105. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; CALENDAR Program Analyst, Federal Aviation Adminis- The Boeing Company Airplanes’’ ((RIN2120– tration, Department of Transportation, AA64) (Docket No. FAA–2012–0104)) received The following bill was read the first transmitting, pursuant to law, the report of in the Office of the President of the Senate and second times by unanimous con- a rule entitled ‘‘Airworthiness Directives; on July 31, 2012; to the Committee on Com- sent, and placed on the calendar: Eurocopter Deutschland GmbH Helicopters’’ merce, Science, and Transportation. ((RIN2120–AA64) (Docket No. FAA–2012–0704)) EC–7114. A communication from the Attor- H.R. 6029. An act to amend title 18, United received in the Office of the President of the ney-Advisor, U.S. Coast Guard, Department States Code, to provide for increased pen- Senate on July 31, 2012; to the Committee on of Homeland Security, transmitting, pursu- alties for foreign and economic espionage, Commerce, Science, and Transportation. ant to law, the report of a rule entitled ‘‘Spe- and for other purposes. EC–7106. A communication from the Senior cial Local Regulation for Marine Events; f Program Analyst, Federal Aviation Adminis- Temporary Change of Dates for Recurring Marine Events in the Fifth Coast Guard Dis- MEASURES READ THE FIRST TIME tration, Department of Transportation, transmitting, pursuant to law, the report of trict, Ocean City Maryland Offshore Grand The following bill was read the first a rule entitled ‘‘Airworthiness Directives; Prix, Ocean City, MD’’ ((RIN1625–AA08) time: Turbomeca S.A. Turboshaft Engines’’ (Docket No. USCG–2012–0046)) received in the ((RIN2120–AA64) (Docket No. FAA–2012–0057)) Office of the President of the Senate on Au- S. 3519. A bill to require sponsoring Sen- gust 1, 2012; to the Committee on Commerce, ators to pay the printing costs of ceremonial received in the Office of the President of the Senate on July 31, 2012; to the Committee on Science, and Transportation. and commemorative Senate resolutions. EC–7115. A communication from the Senior Commerce, Science, and Transportation. f EC–7107. A communication from the Senior Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- ENROLLED BILL PRESENTED transmitting, pursuant to law, the report of tration, Department of Transportation, a rule entitled ‘‘Establishment of Restricted The Secretary of the Senate reported transmitting, pursuant to law, the report of Areas R–5402, R–5403A, R–5403B, R–5403C, R– a rule entitled ‘‘Airworthiness Directives; that on today, August 2, 2012, she had 5403D, R–5403E, and R–5403F; Devils Lake, presented to the President of the Various Transport Category Airplanes’’ ND’’ ((RIN2120–AA66) (Docket No. FAA–2011– T United States the following enrolled ((RIN2120–AA64) (Docket No. FAA–2012– 0117)) received in the Office of the President bills: 0102)) received in the Office of the President of the Senate on July 31, 2012; to the Com- of the Senate on July 31, 2012; to the Com- mittee on Commerce, Science, and Transpor- S. 679. An Act to reduce the number of ex- mittee on Commerce, Science, and Transpor- ecutive positions subject to Senate con- tation. tation. EC–7116. A communication from the Acting firmation. EC–7108. A communication from the Senior S. 1959. An Act to require a report on the Deputy Director, Office of Sustainable Fish- Program Analyst, Federal Aviation Adminis- eries, Department of Commerce, transmit- designation of the Haqqani Network as a for- tration, Department of Transportation, ting, pursuant to law, the report of a rule en- eign terrorist organization and for other pur- transmitting, pursuant to law, the report of titled ‘‘Fisheries of the Northeastern United poses. a rule entitled ‘‘Airworthiness Directives; States; Atlantic Mackerel, Squid, and f PZL Swidnik S.A. Helicopters’’ ((RIN2120– Butterfish Fisheries; Closure of the 2012 Tri- AA64) (Docket No. FAA–2012–0703)) received mester 2 Directed Longfin Squid Fishery’’ EXECUTIVE AND OTHER in the Office of the President of the Senate (RIN0648–XC098) received in the Office of the COMMUNICATIONS on July 31, 2012; to the Committee on Com- President of the Senate on August 1, 2012; to The following communications were merce, Science, and Transportation. the Committee on Commerce, Science, and laid before the Senate, together with EC–7109. A communication from the Senior Transportation. Program Analyst, Federal Aviation Adminis- EC–7117. A communication from the Acting accompanying papers, reports, and doc- tration, Department of Transportation, Deputy Director, Office of Sustainable Fish- uments, and were referred as indicated: transmitting, pursuant to law, the report of eries, Department of Commerce, transmit- EC–7101. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; ting, pursuant to law, the report of a rule en- Program Analyst, Federal Aviation Adminis- BAE SYSTEMS (OPERATIONS) LIMITED titled ‘‘Fisheries of the Exclusive Economic

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5975 Zone Off Alaska; Pelagic Shelf Rockfish in a rule entitled ‘‘Changes in Flood Elevation year 2013, if sequester is necessary; to the the Western Regulatory Area of the Gulf of Determinations’’ ((44 CFR Part 65) (Docket Committee on the Budget. Alaska’’ (RIN0648–XC093) received in the Of- No. FEMA–2012–0003)) received in the Office f fice of the President of the Senate on August of the President of the Senate on August 1, 1, 2012; to the Committee on Commerce, 2012; to the Committee on Banking, Housing, PETITIONS AND MEMORIALS Science, and Transportation. and Urban Affairs. The following petitions and memo- EC–7118. A communication from the Direc- EC–7126. A communication from the Acting rials were laid before the Senate and tor, Office of Sustainable Fisheries, Depart- Secretary of Commerce, transmitting, pursu- ment of Commerce, transmitting, pursuant ant to law, a report relative to the export to were referred or ordered to lie on the to law, the report of a rule entitled ‘‘Marine the People’s Republic of China of an item not table as indicated: Recreational Fisheries of the United States; detrimental to the U.S. space launch indus- POM–129. A concurrent resolution adopted National Saltwater Angler Registry and try; to the Committee on Foreign Relations. by the General Assembly of the State of Ohio State Exemption Program’’ (RIN0648–BB49) EC–7127. A communication from the Assist- designating Central State University as received in the Office of the President of the ant Legal Adviser for Treaty Affairs, Depart- Ohio’s 1890 land grant university and re- Senate on August 1, 2012; to the Committee ment of State, transmitting, pursuant to the questing that the United States Congress on Commerce, Science, and Transportation . Case-Zablocki Act, 1 U.S.C. 112b, as amended, pass legislation and the United States De- EC–7119. A communication from the Acting the report of the texts and background state- partment of Agriculture take steps to recog- Deputy Director, Office of Sustainable Fish- ments of international agreements, other nize that designation and provide the insti- eries, Department of Commerce, transmit- than treaties (List 2012–0085—2012–0096); to tution with all of the benefits of the designating, pursuant to law, the report of a rule en- the Committee on Foreign Relations. tion; to the Committee on Agriculture, Nu- titled ‘‘Fisheries of the Exclusive Economic EC–7128. A communication from the Regu- trition, and Forestry. lations Coordinator, Centers for Medicare Zone Off Alaska; Pacific Ocean Perch in the SENATE CONCURRENT RESOLUTION NO. 30 Western Regulatory Area of the Gulf of Alas- and Medicaid Services, Department of ka’’ (RIN0648–XC109) received in the Office of Health and Human Services, transmitting, Whereas, the United States Congress en- the President of the Senate on August 1, pursuant to law, the report of a rule entitled acted and the President of the United States 2012; to the Committee on Commerce, ‘‘Medicare Program; Hospital Inpatient Pro- signed into law the Morrill Act of 1862 per- Science, and Transportation. spective Payment Systems for Acute Care mitting each state to designate at least one EC–7120. A communication from the Acting Hospitals and the Long-Term Care Hospital institution as a ‘‘land grant’’ college or uni- Deputy Director, Office of Sustainable Fish- Prospective Payment System and Fiscal versity where the leading object is the teach- eries, Department of Commerce, transmit- Year 2013 Rates; Hospitals’ Resident Caps for ing of agriculture and the mechanic arts, ini- ting, pursuant to law, the report of a rule en- Graduate Medical Education Payment Pur- tially endowing such institution with a titled ‘‘Fisheries of the Exclusive Economic poses; Quality Reporting Requirements for grant of land or scrip for the receiving state Zone Off Alaska; Northern Rockfish in the Specific Providers and for Ambulatory Sur- to sell and invest on behalf of the institu- Western Regulatory Area of the Gulf of Alas- gical Centers’’ (RIN0938–AR12) received in tion; and ka’’ (RIN0648–X094) received in the Office of the Office of the President of the Senate on Whereas, the United States Congress en- the President of the Senate on August 1, August 31, 2012; to the Committee on Fi- acted and the President of the United States 2012; to the Committee on Commerce, nance. signed into law the Second Morrill Act of Science, and Transportation. EC–7129. A communication from the Chair- 1890 to extend access to higher education by EC–7121. A communication from the Acting man of the Council of the District of Colum- providing sustained federal support for all Deputy Director, Office of Sustainable Fish- bia, transmitting, pursuant to law, a report land grant institutions and to expand and eries, Department of Commerce, transmit- on D.C. Act 19–399, ‘‘Walter Reed Army Med- enhance educational opportunities in agri- ting, pursuant to law, the report of a rule en- ical Center Base Realignment and Closure culture and the mechanic arts for Black titled ‘‘Fisheries of the Exclusive Economic Homeless Assistance Submission Approval Americans; and Zone Off Alaska; Arrowtooth Flounder, Flat- Act of 2012’’; to the Committee on Homeland Whereas, the State of Ohio established The head Sole, Rex Sole, Deep-Water Flatfish, Security and Governmental Affairs. Ohio State University as the state’s land and Shallow-Water Flatfish in the Gulf of EC–7130. A communication from the Chair- grant university under the Morrill Act of Alaska Management Area’’ (RIN0648–XC110) man of the Council of the District of Colum- 1862 in order to provide excellent educational received in the Office of the President of the bia, transmitting, pursuant to law, a report opportunities to all Ohioans; and Senate on August 1, 2012; to the Committee on D.C. Act 19–400, ‘‘Heat Wave Safety Tem- Whereas, the State of Ohio, in 1887, created on Commerce, Science, and Transportation. porary Amendment Act of 2012’’; to the Com- the Combined Normal and Industrial Depart- EC–7122. A communication from the Acting mittee on Homeland Security and Govern- ment of Wilberforce University to provide Deputy Director, Office of Sustainable Fish- mental Affairs. teacher training and vocational education eries, Department of Commerce, transmit- EC–7131. A joint communication from the open to all qualified applicants of good and ting, pursuant to law, the report of a rule en- Deputy Secretary, Department of Veterans moral character; and titled ‘‘Fisheries of the Northeastern United Affairs, and the Acting Under Secretary of Whereas, Central State University is the States; Northeast Multispecies Fishery; Ad- Defense (Personnel and Readiness), transmit- successor of that institution and continues justment of Georges Bank Yellowtail Floun- ting, pursuant to law, a report relative to to provide baccalaureate and graduate edu- der Annual Catch Limits’’ (RIN0648–X077) re- the activities and accomplishments of the cational opportunities in a wide variety of ceived in the Office of the President of the Department of Veterans Affairs and Depart- agriculture-related disciplines; and Senate on August 1, 2012; to the Committee ment of Defense Joint Executive Council for Whereas, Central State University is on Commerce, Science, and Transportation. fiscal year 2011; to the Committee on Vet- Ohio’s only public historically Black college EC–7123. A communication from the Acting erans’ Affairs. or university; and Deputy Director, Office of Sustainable Fish- EC–7132. A communication from the Chief Whereas, Central State University and its eries, Department of Commerce, transmit- Counsel, Federal Emergency Management predecessor institutions have made the same ting, pursuant to law, the report of a rule en- Agency, Department of Homeland Security, extraordinary contributions to the education titled ‘‘Fisheries of the Exclusive Economic transmitting, pursuant to law, the report of of African Americans in the State of Ohio as Zone Off Alaska; Shallow-Water Species a rule entitled ‘‘Changes in Flood Elevation other 1890 universities have made in their re- Fishery by Vessels Using Trawl Gear in the Determinations’’ ((44 CFR Part 65) (Docket spective states; and Gulf of Alaska’’ (RIN0648–XC112) received in No. FEMA–2012–0003)) received in the Office Whereas, the Ohio General Assembly de- the Office of the President of the Senate on of the President of the Senate on August 1, sires to designate Central State University August 1, 2012; to the Committee on Com- 2012; to the Committee on Banking, Housing, as an 1890 land grant university under the merce, Science, and Transportation. and Urban Affairs. Second Morrill Act; therefore be it EC–7124. A joint communication from the EC–7133. A communication from the Direc- Resolved, That we, the members of the Vice Chairman of the Joint Chiefs of Staff tor of Legislative Affairs, Legal Office, Fed- 129th General Assembly of Ohio, in adopting and the Under Secretary of Defense (Intel- eral Deposit Insurance Corporation, trans- this Resolution, designate Central State Uni- ligence), transmitting, pursuant to law, a re- mitting, pursuant to law, the report of a rule versity as a land grant university under the port relative to maintaining the EP–3E Air- entitled ‘‘Permissible Investments for Fed- Second Morrill Act of 1890 and request that borne Reconnaissance Integrated Electronic eral and State Savings Associations: Cor- the United States Congress pass legislation, System II and the Special Projects Aircraft porate Debt Securities’’ (RIN3064–AD88) re- and the United States Department of Agri- platform in a manner that meets the intel- ceived in the Office of the President of the culture take the necessary steps, to recog- ligence, surveillance and reconnaissance re- Senate on August 1, 2012; to the Committee nize that designation and to provide Central quirements of the Commanders of the Com- on Banking, Housing, and Urban Affairs. State University with all of the benefits of batant Commands; to the Committee on EC–7134. A communication from the Acting such designation; and be it further Armed Services. Director, Office of Management and Budget, Resolved, That the Clerk of the Senate EC–7125. A communication from the Chief Executive Office of the President, transmit- transmit a duly authenticated copy of this Counsel, Federal Emergency Management ting, pursuant to law, a notification of the Resolution to the Secretary of the United Agency, Department of Homeland Security, President’s intent to exempt all military States Department of Agriculture, the transmitting, pursuant to law, the report of personnel accounts from sequester for fiscal Speaker, Majority Leader, and Minority

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5976 CONGRESSIONAL RECORD — SENATE August 2, 2012 Leader of the United States House of Rep- that the presence of the United States mili- S. 379. A bill to extend Federal recognition resentatives, and the President Pro Tem- tary and that of other countries, as well as to the Chickahominy Indian Tribe, the pore, Majority Leader, and Minority Leader the civilian consultants that are working to Chickahominy Indian Tribe—Eastern Divi- of the United States Senate. help the Afghan people, has not been accept- sion, the Upper Mattaponi Tribe, the Rappa- ed by a broad spectrum of the Afghanistan hannock Tribe, Inc., the Monacan Indian Na- POM–130. A resolution adopted by the population; and tion, and the Nansemond Indian Tribe (Rept. House of Representatives of the State of Illi- Whereas, this lack of acceptance places all No. 112–201). nois urging the President and Congress to foreign military and civilian consultant per- By Mr. LIEBERMAN, from the Committee begin an expedited withdrawal of forces from sonnel in grave danger, which results in an on Homeland Security and Governmental Af- Afghanistan; to the Committee on Armed inability for those personnel to properly con- fairs, with an amendment: Services. duct the types of operations in which they S. 772. A bill to protect Federal employees are engaged; and HOUSE RESOLUTION NO. 824 and visitors, improve the security of Federal Whereas, there is already in place a plan to facilities and authorize and modernize the Whereas, the United States of America was withdraw most forces from Afghanistan in Federal Protective Service (Rept. No. 112– attacked in a well-coordinated operation by the 2014 time frame; therefore, be it 202). a group of terrorists on September 11, 2001; Resolved, by the House of Representatives of By Mr. LEAHY, from the Committee on and the Ninety-Seventh General Assembly of the the Judiciary, with an amendment in the na- Whereas, almost 3,000 innocent men, State of Illinois, That we urge the President ture of a substitute: women, and children were killed as a result and Congress to begin an expedited with- S. 225. A bill to permit the disclosure of of the airplanes that were hijacked by the drawal of forces from Afghanistan, to the certain information for the purpose of miss- terrorists and subsequently crashed into the fullest extent possible consistent with stra- ing child investigations. World Trade Center, the Pentagon, and an tegic military objectives, thus accelerating By Mr. LEAHY, from the Committee on open field in Shanksville, Pennsylvania; and the current withdrawal plan set in place; and the Judiciary, without amendment: Whereas, the terrorists were proven to be be it further members of the terrorist organization known Resolved, That suitable copies of this reso- S.J. Res. 44. A joint resolution granting as al-Qaeda, which was led by Osama bin lution be sent to the President, the Speaker the consent of Congress to the State and Laden; and of the United States House of Representa- Province Emergency Management Assist- Whereas, the al-Qaeda terrorist organiza- tives, and the President pro tempore of the ance Memorandum of Understanding. tion had operated for years from sanctuary United States Senate. locations based in Afghanistan; the group f conducted numerous acts of terror over the POM–131. A resolution adopted by the years against U.S. targets both on the U.S. Pecos River Commission requesting that EXECUTIVE REPORTS OF mainland and in other locations throughout Congress fully fund the National Streamflow COMMITTEES the world, which had been planned in those Information Program (NSIP) gages associ- sanctuary locations; and ated with the Pecos River Basin and the U.S. The following executive reports of Whereas, in order to disrupt and destroy Geological Survey place a priority on fund- nominations were submitted: the al-Qaeda terrorist organization and cap- ing these gages under NSIP; to the Com- By Mr. LEAHY for the Committee on the ture or eliminate its leaders, it was nec- mittee on Environment and Public Works. Judiciary. essary to attack the organization’s sanc- POM–132. A resolution adopted by the Thomas M. Durkin, of Illinois, to be United tuary bases; and Pecos River Commission requesting that States District Judge for the Northern Dis- Whereas, in October of 2001, the United Congress reauthorize the Water Resources trict of Illinois. States military, acting under orders issued Development Act of 2007, Section 5056, and to William H. Orrick, III, of the District of by Commander-in-Chief President George W. appropriate sufficient funds to carry out Columbia, to be United States District Judge Bush, attacked al-Qaeda sanctuary bases in work related to that legislation; to the Com- for the Northern District of California. mittee on Environment and Public Works. Afghanistan in conjunction with local Af- Jon S. Tigar, of California, to be United ghan forces opposed to the terrorist organi- f States District Judge for the Northern Dis- zation operating in their country; and REPORTS OF COMMITTEES trict of California. Whereas, the United States military, in By Mrs. MURRAY for the Committee on the finest traditions of America’s fighting The following reports of committees Veterans’ Affairs. forces, had great success in disrupting, dis- were submitted: *Thomas Skerik Sowers II, of Missouri, to persing, and destroying al-Qaeda operations By Mr. ROCKEFELLER, from the Com- be an Assistant Secretary of Veterans Af- and eliminating many of its senior leaders; mittee on Commerce, Science, and Transpor- fairs (Public and Intergovernmental Affairs). and tation, with an amendment in the nature of *Nomination was reported with rec- Whereas, President Barack Obama, suc- a substitute: ommendation that it be confirmed sub- ceeding President Bush as Commander-in- S. 1956. A bill to prohibit operators of civil Chief, did continue and strengthen the ef- aircraft of the United States from partici- ject to the nominee’s commitment to forts to completely destroy al-Qaeda; such pating in the European Union’s emissions respond to requests to appear and tes- efforts resulted in the killing of Osama bin trading scheme, and for other purposes tify before any duly constituted com- Laden, the leader of al-Qaeda, bringing the (Rept. No. 112–195). mittee of the Senate. world’s leading terrorist to justice for the By Mr. INOUYE, from the Committee on (Nominations without an asterisk many acts of murder which he and his orga- Appropriations, with an amendment in the were reported with the recommenda- nature of a substitute: nization carried out; and tion that they be confirmed.) Whereas, the United States, having joined H.R. 5856. A bill making appropriations for forces with nations from around the world, the Department of Defense for the fiscal year f led an effort to stabilize Afghanistan by sup- ending September 30, 2013, and for other pur- porting infrastructure projects beneficial to poses (Rept. No. 112–196). all Afghans and by helping the Afghans un- By Mr. NELSON of Nebraska, from the INTRODUCTION OF BILLS AND derstand the positive benefits of equal rights Committee on Appropriations, with an JOINT RESOLUTIONS for all, judicial due process, and the rule of amendment in the nature of a substitute: H.R. 5882. A bill making appropriations for The following bills and joint resolu- law; and tions were introduced, read the first Whereas, after more than a decade of ex- the Legislative Branch for the fiscal year tended military operations to enhance secu- ending September 30, 2013, and for other pur- and second times by unanimous con- rity and with contributions of hundreds of poses (Rept. No. 112–197). sent, and referred as indicated: By Mr. AKAKA, from the Committee on billions of dollars of nation-building re- By Mrs. MCCASKILL (for herself and Indian Affairs, without amendment: sources having been put into the country to S. 546. A bill to extend the Federal recogni- Ms. AYOTTE): foster development, much progress has been tion to the Little Shell Tribe of Chippewa In- S. 3481. A bill to appropriately limit the made toward the goals of a free and secure dians of Montana, and for other purposes authority to award bonuses to employees society within Afghanistan; and (Rept. No. 112–198). and to require approval of high cost Govern- Whereas, while this progress has come at a By Mr. AKAKA, from the Committee on ment conferences and reporting regarding high financial cost, it has also cost the lives Indian Affairs, with an amendment in the Government conferences; to the Committee of more than 1,500 brave American service nature of a substitute: on Homeland Security and Governmental Af- members and dozens of fighting forces of S. 1065. A bill to settle land claims within fairs. other nations, all of whom made the ulti- the Fort Hall Reservation (Rept. No. 112–199). By Mr. LEE (for himself, Mr. PAUL, Mr. mate sacrifice in service to their country; By Mr. AKAKA, from the Committee on DEMINT, Mr. COBURN, Mr. BLUNT, Mr. and Indian Affairs, without amendment: RISCH, Mr. TOOMEY, Mr. GRAHAM, Mr. Whereas, despite this progress, it appears S. 1218. A bill to provide for the recogni- ISAKSON, Mr. VITTER, Mr. RUBIO, Mr. from recent events involving all the Inter- tion of the Lumbee Tribe of North Carolina, CORNYN, Mr. CRAPO, Mr. JOHNSON of national Security Assistance Forces (ISAF) and for other purposes (Rept. No. 112–200). Wisconsin, Mr. ALEXANDER, Mr.

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CHAMBLISS, Mr. BARRASSO, Mr. less individuals who are full-time students S. 3505. A bill to ensure the efficient use of HATCH, Mr. THUNE, Mr. BOOZMAN, Mr. for purposes of low income housing tax cred- taxpayer dollars in construction-related con- INHOFE, Mr. WICKER, and Mr. it; to the Committee on Finance. tracts for reconstruction efforts in Afghani- PORTMAN): By Mr. ISAKSON (for himself and Mr. stan by requiring reporting to Congress by S. 3482. A bill to cut, cap, and balance the RUBIO): Federal agencies that refuse to implement, Federal budget; to the Committee on the S. 3495. A bill to direct the President to es- or only partially concur with, SIGAR rec- Budget. tablish an interagency mechanism to coordi- ommendations to seek reimbursement for By Mr. MERKLEY (for himself and Mr. nate United States development programs failure by a contractor or subcontractor to WYDEN): and private sector investment activities, and successfullycomplete a contract due to poor S. 3483. A bill to amend the Wild and Sce- for other purposes; to the Committee on For- contractor performance, cost overruns, or nic Rivers Act to adjust the Crooked River eign Relations. other reasons; to the Committee on Home- boundary, to provide water certainty for the By Mr. COCHRAN (for himself and Mr. land Security and Governmental Affairs. City of Prineville, Oregon, and for other pur- WICKER): By Mr. SANDERS: poses; to the Committee on Energy and Nat- S. 3496. A bill to amend title XVIII of the S. 3506. A bill to eliminate requirements to ural Resources. Social Security Act to permit direct pay- undertake duplicative clinical testing of new By Mr. BROWN of Ohio: ment to pharmacies for certain compounded pharmaceutical drugs, vaccines, biological S. 3484. A bill to amend the S.A.F.E. Mort- drugs that are prepared by the pharmacies products, or medical devices, when such du- gage Licensing Act of 2008 to provide an ex- for a specific beneficiary for use through an plication is inconsistent with relevant eth- ception from the definition of loan origi- implanted infusion pump; to the Committee ical norms; to the Committee on Health, nator for certain loans made with respect to on Finance. Education, Labor, and Pensions. manufactured homes, to amend the Truth in By Mr. VITTER: By Mrs. HAGAN: Lending Act to modify the definition of a S. 3497. A bill to amend the Financial Sta- S. 3507. A bill to renew the temporary sus- high-cost mortgage, and for other purposes; bility Act of 2010 to repeal certain designa- pension of duty on ceiling fans for perma- to the Committee on Banking, Housing, and tion authority of the Financial Stability nent installation; to the Committee on Fi- Urban Affairs. Oversight Council, to repeal the Payment, nance. By Mr. BROWN of Ohio: Clearing, and Settlement Supervision Act of By Ms. LANDRIEU (for herself, Mrs. S. 3485. A bill to limit the authority of 2010, and for other purposes; to the Com- SHAHEEN, and Mr. COONS): States to tax certain income of employees mittee on Banking, Housing, and Urban Af- S. 3508. A bill to strengthen resources for for employment duties performed in other fairs. entrepreneurs by improving the SCORE pro- States; to the Committee on Finance. By Mr. CASEY: gram, and for other purposes; to the Com- By Mr. LEAHY (for himself and Mr. S. 3498. A bill to provide humanitarian as- mittee on Small Business and Entrepreneur- GRASSLEY): sistance and support a democratic transition ship. S. 3486. A bill to implement the provisions in Syria, and for other purposes; to the Com- By Mr. NELSON of Florida: of the Hague Agreement and the Patent Law mittee on Foreign Relations. S. 3509. A bill to amend the Water Re- Treaty; to the Committee on the Judiciary. By Mr. SCHUMER (for himself and sources Development Act of 2000 to provide By Mr. COBURN (for himself, Mr. Mrs. GILLIBRAND): for expedited project implementation relat- MANCHIN, Ms. AYOTTE, Mrs. MCCAS- S. 3499. A bill to amend the Interstate Land ing to the comprehensive Everglades restora- KILL, Mr. CORNYN, Mr. GRASSLEY, Mr. Sales Full Disclosure Act to clarify how the tion plan; to the Committee on Environment JOHNSON of Wisconsin, and Mr. PAUL): Act applies to condominiums; to the Com- and Public Works. S. 3487. A bill to provide for auditable fi- mittee on Banking, Housing, and Urban Af- By Mr. REID (for himself and Mr. nancial statements for the Department of fairs. MCCONNELL): Defense, and for other purposes; to the Com- By Mr. CORNYN (for himself, Mr. BAR- S. 3510. A bill to prevent harm to the na- mittee on Armed Services. RASSO, Mr. COBURN, Mr. INHOFE, Mr. tional security or endangering the military By Mr. BROWN of Ohio: officers and civilian employees to whom S. 3488. A bill to amend title 38, United LEE, Ms. MURKOWSKI, Mr. ROBERTS, internet publication of certain information States Code, to provide additional edu- Mr. VITTER, and Mr. WICKER): S. 3500. A bill to amend the Endangered applies, and for other purposes; considered cational assistance under Post-9/11 Edu- and passed. cational Assistance to veterans pursuing a Species Act of 1973 to establish a procedure By Mr. TESTER (for himself, Mr. degree in science, technology, engineering, for approval of certain settlements; to the EGICH, and Mr. BROWN of Ohio): or math, and for other purposes; to the Com- Committee on Environment and Public B S. 3511. A bill to amend title 38, United mittee on Veterans’ Affairs. Works. States Code, to authorize the Secretary of By Mr. BROWN of Massachusetts: By Mr. WYDEN (for himself, Mr. PAUL, S. 3489. A bill to protect senior citizens, Mr. MERKLEY, and Mr. SANDERS): Veterans Affairs to transport individuals to disabled persons, veterans, and other bene- S. 3501. A bill to amend the Controlled Sub- and from facilities of the Department of Vet- ficiaries and customers of the Social Secu- stances Act to exclude industrial hemp from erans Affairs in connection with rehabilita- rity Administration by performing the proc- the definition of marihuana, and for other tion, counseling, examination, treatment, ess for closure of field offices; to the Com- purposes; to the Committee on the Judici- and care, and for other purposes; to the Com- mittee on Finance. ary. mittee on Veterans’ Affairs. By Mr. BROWN of Massachusetts (for By Mrs. BOXER (for herself and Mrs. By Mr. HOEVEN (for himself, Mr. CON- himself and Mr. LIEBERMAN): FEINSTEIN): RAD, Mr. BAUCUS, Mr. MCCONNELL, S. 3490. A bill to dedicate funds from the S. 3502. A bill to amend title 49, United Mr. KOHL, Mr. PORTMAN, Ms. LAN- Crime Victims Fund to victims of elder States Code, to prohibit rental of motor ve- DRIEU, Mr. BOOZMAN, Mr. MANCHIN, abuse, and for other purposes; to the Com- hicles under a safety recall because of a de- Mr. BLUNT, Mr. WARNER, Mr. JOHNSON mittee on the Judiciary. fect related to motor vehicle safety or non- of Wisconsin, Mr. PRYOR, Mr. MORAN, By Ms. STABENOW: compliance with an applicable motor vehicle Mrs. MCCASKILL, Mr. ALEXANDER, Mr. S. 3491. A bill to cut taxes for innovative safety standard until the defect or non- NELSON of Nebraska, Mr. TOOMEY, businesses that produce renewable chemi- compliance is remedied, and for other pur- Mr. NELSON of Florida, Mr. GRAHAM, cals; to the Committee on Finance. poses; to the Committee on Commerce, Mr. CASEY, Mr. THUNE, Mr. WEBB, and By Mr. TOOMEY (for himself, Mr. CAR- Science, and Transportation. Mr. HATCH): PER, Mr. MORAN, and Mrs. MCCAS- By Mr. BROWN of Ohio (for himself S. 3512. A bill to amend subtitle D of the KILL): and Mr. WYDEN): Solid Waste Disposal Act to facilitate recov- S. 3492. A bill to provide for exemptions S. 3503. A bill to amend title 38, United ery and beneficial use, and provide for the from municipal advisor registration require- States Code, to improve the provision of proper management and disposal, of mate- ments; to the Committee on Banking, Hous- work-study allowances by the Secretary of rials generated by the combustion of coal ing, and UrbanAffairs. Veterans Affairs to individuals who are pur- and other fossil fuels; to the Committee on By Mr. KYL: suing programs of rehabilitation, education, Environment and Public Works. S. 3493. A bill to protect first amendment or training under laws administered by the By Mr. REED: rights of journalists and internet service pro- Secretary, and for other purposes; to the S. 3513. A bill to promote the development viders by preventing States and the United Committee on Veterans’ Affairs. of local strategies to coordinate use of as- States from allowing meritless lawsuits aris- By Mr. BENNET (for himself, Mr. sistance under sections 8 and 9 of the United ing from acts in furtherance of those rights, UDALL of Colorado, Mr. FRANKEN, Mr. States Housing Act of 1937 with public and commonly called ‘‘Strategic Lawsuits AKAKA, Mr. BEGICH, and Ms. KLO- private resources, to enable eligible families Against Public Participation’’ or ‘‘SLAPPs’’, BUCHAR): to achieve economic independence and self- and for other purposes; to the Committee on S. 3504. A bill to help fulfill the Federal sufficiency, and for other purposes; to the the Judiciary. mandate to provide higher educational op- Committee on Banking, Housing, and Urban By Mr. FRANKEN (for himself, Mrs. portunities for Native Americans; to the Affairs. MURRAY, and Mr. MENENDEZ): Committee on Indian Affairs. By Mr. ENZI (for himself, Mr. BAR- S. 3494. A bill to amend the Internal Rev- By Mrs. SHAHEEN (for herself and Mr. RASSO, Mr. ROCKEFELLER, Mr. CASEY, enue Code of 1986 to qualify formerly home- RISCH): and Mr. MANCHIN):

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5978 CONGRESSIONAL RECORD — SENATE August 2, 2012 S. 3514. A bill to repeal a limitation on an- By Mr. MANCHIN (for himself and Mr. health services for Medicare bene- nual payments under the Surface Mining COBURN): ficiaries under the Medicare program. Control and Reclamation Act of 1977; to the S. Res. 544. A resolution congratulating the S. 645 Committee on Energy and Natural Re- Navy Dental Corps on its 100th anniversary; At the request of Mr. SCHUMER, the sources. considered and agreed to. By Mr. MERKLEY (for himself, Mr. By Mr. JOHANNS (for himself and Mr. name of the Senator from Connecticut WYDEN, and Mr. TESTER): NELSON of Nebraska): (Mr. BLUMENTHAL) was added as a co- S. 3515. A bill to amend the Foreign Intel- S. Res. 545. A resolution commemorating sponsor of S. 645, a bill to amend the ligence Surveillance Act of 1978 to provide the 75th Anniversary of Air Force Weather; National Child Protection Act of 1993 additional protections for privacy and for considered and agreed to. to establish a permanent background other purposes; to the Committee on the Ju- By Mrs. MURRAY (for herself, Mr. check system. diciary. ALEXANDER, Mr. SANDERS, Mr. WEBB, S. 672 By Ms. SNOWE: Mr. WHITEHOUSE, Mr. CARDIN, Mr. At the request of Mr. ROCKEFELLER, S. 3516. A bill to encourage spectrum li- JOHNSON of South Dakota, Ms. MUR- the name of the Senator from New censes to make unused spectrum available KOWSKI, and Mr. ENZI): for use by rural and smaller carriers in order S. Res. 546. A resolution designating the Mexico (Mr. UDALL) was added as a co- to expand wireless coverage; to the Com- week of September 10, 2012, as ‘‘National sponsor of S. 672, a bill to amend the mittee on Commerce, Science, and Transpor- Adult Education and Family Literacy Internal Revenue Code of 1986 to extend tation. Week’’; considered and agreed to. and modify the railroad track mainte- By Mrs. FEINSTEIN (for herself and By Mrs. BOXER (for herself, Mrs. FEIN- nance credit. Mrs. BOXER): STEIN, Ms. SNOWE, Ms. MIKULSKI, Mr. S. 847 S. 3517. A bill to require the Secretary of ROCKEFELLER, Mr. NELSON of Florida, At the request of Mr. LAUTENBERG, the Treasury to mint coins in commemora- Mrs. HUTCHISON, Mr. BOOZMAN, and the name of the Senator from Florida tion of the centennial of the Panama-Pacific Mr. COONS): International Exposition and the Panama S. Res. 547. A resolution honoring the life (Mr. NELSON) was added as a cosponsor Canal; to the Committee on Banking , Hous- of pioneering astronaut Dr. Sally Ride and of S. 847, a bill to amend the Toxic Sub- ing, and Urban Affairs. expressing the condolences of the Senate on stances Control Act to ensure that By Mr. WYDEN: her death; considered and agreed to. risks from chemicals are adequately S. 3518. A bill to make it a principal nego- By Mr. REID (for himself and Mr. understood and managed, and for other tiating objective of the United States in MCCONNELL): purposes. trade negotiations to eliminate government S. Con. Res. 56. A concurrent resolution S. 1045 fisheries subsidies, and for other purposes; to providing for a conditional adjournment or At the request of Ms. LANDRIEU, the the Committee on Finance. recess of the Senate and an adjournment of name of the Senator from New York By Mr. DEMINT (for himself, Mr. the House of Representatives; considered and COBURN, Mr. CORKER, Mr. JOHNSON of agreed to. (Mrs. GILLIBRAND) was added as a co- Wisconsin, Mr. LEE, Mrs. MCCASKILL, By Mr. ROCKEFELLER: sponsor of S. 1045, a bill to amend the Mr. PAUL, Mr. RISCH, Mr. SESSIONS, S. Con. Res. 57. A concurrent resolution ex- Public Health Service Act, the Em- and Mr. TOOMEY): pressing the sense of Congress that the cen- ployee Retirement Income Security S. 3519. A bill to require sponsoring Sen- sus surveys and the information derived Act of 1974, and the Internal Revenue ators to pay the printing costs of ceremonial from those surveys are crucial to the na- Code of 1986 to require that group and and commemorative Senate resolutions; read tional welfare; to the Committee on Home- individual health insurance coverage the first time. land Security and Governmental Affairs. and group health plans provide cov- By Mr. MERKLEY (for himself, Mr. By Mr. KERRY: erage for treatment of a minor child’s AKAKA, Mr. BEGICH, Mr. BLUMENTHAL, S. Con. Res. 58. A concurrent resolution di- Mr. FRANKEN, Ms. LANDRIEU, Mr. recting the Clerk of the House of Representa- congenital or developmental deformity LAUTENBERG, and Mr. LEVIN): tives to make a correction in the enrollment or disorder due to trauma, burns, infec- S. 3520. A bill to require a portion of clos- of H.R. 4240; considered and agreed to. tion, tumor, or disease. ing costs to be paid by the enterprises with By Mr. REID (for himself and Mr. S. 1061 respect to certain refinanced mortgage MCCONNELL): At the request of Mr. BARRASSO, the loans, and for other purposes; to the Com- S. Con. Res. 59. A concurrent resolution name of the Senator from Oklahoma mittee on Banking, Housing, and Urban Af- providing for a conditional adjournment or (Mr. INHOFE) was added as a cosponsor fairs. recess of the Senate and an adjournment of of S. 1061, a bill to amend title 5 and 28, the House of Representatives; considered and f agreed to. United States Code, with respect to the award of fees and other expenses in SUBMISSION OF CONCURRENT AND f SENATE RESOLUTIONS cases brought against agencies of the ADDITIONAL COSPONSORS United States, to require the Adminis- The following concurrent resolutions trative Conference of the United States S. 202 and Senate resolutions were read, and to compile, and make publically avail- At the request of Mr. PAUL, the referred (or acted upon), as indicated: able, certain data relating to the Equal names of the Senator from Alabama By Mr. CORNYN (for himself, Mrs. Access to Justice Act, and for other (Mr. SHELBY) and the Senator from Wy- BOXER, Mr. BOOZMAN, and Mr. DUR- purposes. BIN): oming (Mr. ENZI) were added as cospon- S. 1265 S. Res. 541. A resolution condemning the sors of S. 202, a bill to require a full At the request of Mr. BINGAMAN, the Government of Vietnam for human rights audit of the Board of Governors of the name of the Senator from Washington violations; to the Committee on Foreign Re- Federal Reserve System and the Fed- (Mrs. MURRAY) was added as a cospon- lations. eral reserve banks by the Comptroller sor of S. 1265, a bill to amend the Land By Ms. MURKOWSKI (for herself and General of the United States before the Mr. BEGICH): and Water Conservation Fund Act of end of 2012, and for other purposes. S. Res. 542. A resolution expressing the 1965 to provide consistent and reliable sense of the Senate that the United States S. 225 authority for, and for the funding of, Government should continue to support de- At the request of Ms. KLOBUCHAR, the the land and water conservation fund mocracy and human rights in Taiwan fol- name of the Senator from Connecticut to maximize the effectiveness of the lowing the January 2012 presidential and leg- (Mr. BLUMENTHAL) was added as a co- fund for future generations, and for islative elections in Taiwan; to the Com- sponsor of S. 225, a bill to permit the mittee on Foreign Relations. other purposes. By Mrs. BOXER (for herself, Mr. LAU- disclosure of certain information for S. 1385 TENBERG, Mr. KERRY, Mr. LUGAR, Mr. the purpose of missing child investiga- At the request of Mr. VITTER, the INHOFE, Mr. CARDIN, Ms. MIKULSKI, tions. names of the Senator from Kansas (Mr. Mrs. FEINSTEIN, Mrs. GILLIBRAND, Ms. S. 227 MORAN) and the Senator from Con- LANDRIEU, Mr. MERKLEY, Mrs. MUR- At the request of Ms. COLLINS, the necticut (Mr. BLUMENTHAL) were added RAY, Mr. RUBIO, Mr. LEAHY, and Mr. name of the Senator from New York as cosponsors of S. 1385, a bill to termi- KIRK): S. Res. 543. A resolution to express the (Mrs. GILLIBRAND) was added as a co- nate the $1 presidential coin program. sense of the Senate on international parental sponsor of S. 227, a bill to amend title S. 1454 child abduction; to the Committee on For- XVIII of the Social Security Act to en- At the request of Mr. DURBIN, the eign Relations. sure more timely access to home name of the Senator from California

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5979 (Mrs. FEINSTEIN) was added as a co- 2272, a bill to designate a mountain in health first aid training programs at 10 sponsor of S. 1454, a bill to amend title the State of Alaska as Mount Denali. institutions of higher education to im- XVIII of the Social Security Act to S. 2347 prove student mental health. provide for extended months of Medi- At the request of Mr. CARDIN, the S. 3332 care coverage of immunosuppressive names of the Senator from Nevada (Mr. At the request of Mr. BEGICH, the drugs for kidney transplant patients HELLER) and the Senator from Lou- name of the Senator from Texas (Mrs. and other renal dialysis provisions. isiana (Ms. LANDRIEU) were added as HUTCHISON) was added as a cosponsor of S. 1526 cosponsors of S. 2347, a bill to amend S. 3332, a bill to provide for the estab- At the request of Mrs. GILLIBRAND, title XVIII of the Social Security Act lishment of nationally uniform and en- the name of the Senator from Ohio to ensure the continued access of Medi- vironmentally sound standards gov- (Mr. BROWN) was added as a cosponsor care beneficiaries to diagnostic imag- erning discharges incidental to the nor- of S. 1526, a bill to amend the Internal ing services. mal operation of a vessel in the navi- Revenue Code of 1986 to provide a tax S. 2374 gable waters of the United States. incentive for the installation and At the request of Mr. BINGAMAN, the S. 3342 maintenance of mechanical insulation name of the Senator from Ohio (Mr. At the request of Mr. MCCONNELL, his property. BROWN) was added as a cosponsor of S. name was added as a cosponsor of S. S. 1775 2374, a bill to amend the Helium Act to 3342, a bill to improve information se- At the request of Mr. TESTER, the ensure the expedient and responsible curity, and for other purposes. name of the Senator from New Mexico draw-down of the Federal Helium Re- S. 3370 (Mr. UDALL) was added as a cosponsor serve in a manner that protects the in- of S. 1775, a bill to promote the devel- terests of private industry, the sci- At the request of Mr. UDALL of New opment of renewable energy on public entific, medical, and industrial com- Mexico, the name of the Senator from lands and for other purposes. munities, commercial users, and Fed- New Mexico (Mr. BINGAMAN) was added as a cosponsor of S. 3370, a bill to au- S. 1880 eral agencies, and for other purposes. thorize the Administrator of General At the request of Mr. BARRASSO, the S. 2620 Services to convey a parcel of real name of the Senator from Arkansas At the request of Mr. SCHUMER, the property in Albuquerque, New Mexico, (Mr. BOOZMAN) was added as a cospon- name of the Senator from Hawaii (Mr. to the Amy Biehl High School Founda- sor of S. 1880, a bill to repeal the health INOUYE) was added as a cosponsor of S. tion. care law’s job-killing health insurance 2620, a bill to amend title XVIII of the S. 3382 tax. Social Security Act to provide for an At the request of Mr. GRASSLEY, the S. 1981 extension of the Medicare-dependent name of the Senator from Alabama At the request of Mr. HELLER, the hospital (MDH) program and the in- name of the Senator from Wyoming creased payments under the Medicare (Mr. SESSIONS) was added as a cosponsor of S. 3382, a bill to impose certain (Mr. ENZI) was added as a cosponsor of low-volume hospital program. limitations on consent decrees and set- S. 1981, a bill to provide that Members S. 3204 of Congress may not receive pay after tlement agreements by agencies that At the request of Mr. JOHANNS, the require the agencies to take regulatory October 1 of any fiscal year in which name of the Senator from Delaware Congress has not approved a concur- action in accordance with the terms (Mr. CARPER) was added as a cosponsor thereof, and for other purposes. rent resolution on the budget and of S. 3204, a bill to address fee disclo- passed the regular appropriations bills. sure requirements under the Electronic S. 3394 S. 1993 Fund Transfer Act, and for other pur- At the request of Mr. JOHNSON of At the request of Mr. NELSON of Flor- poses. South Dakota, the name of the Senator from Delaware (Mr. CARPER) was added ida, the names of the Senator from S. 3245 as a cosponsor of S. 3394, a bill to ad- Alaska (Mr. BEGICH), the Senator from At the request of Mr. LEAHY, the dress fee disclosure requirements under Hawaii (Mr. INOUYE), the Senator from name of the Senator from Maine (Ms. the Electronic Fund Transfer Act, to Michigan (Ms. STABENOW), the Senator COLLINS) was added as a cosponsor of S. amend the Federal Deposit Insurance from California (Mrs. FEINSTEIN) and 3245, a bill to extend by 3 years the au- Act with respect to information pro- the Senator from Massachusetts (Mr. thorization of the EB-5 Regional Cen- vided to the Bureau of Consumer Fi- KERRY) were added as cosponsors of S. ter Program, the E-Verify Program, nancial Protection, and for other pur- 1993, a bill to posthumously award a the Special Immigrant Nonminister poses. Congressional Gold Medal to Lena Religious Worker Program, and the Horne in recognition of her achieve- Conrad State 30 J-1 Visa Waiver Pro- S. 3397 ments and contributions to American gram. At the request of Mr. HATCH, the culture and the civil rights movement. S. 3318 name of the Senator from Mississippi (Mr. WICKER) was added as a cosponsor S. 2123 At the request of Mrs. BOXER, the At the request of Mr. MENENDEZ, the name of the Senator from Maryland of S. 3397, a bill to prohibit waivers relating to compliance with the work re- name of the Senator from Hawaii (Mr. (Mr. CARDIN) was added as a cosponsor INOUYE) was added as a cosponsor of S. of S. 3318, a bill to amend title 38, quirements for the program of block 2123, a bill to amend title V of the So- United States Code, to prohibit the use grants to States for temporary assist- cial Security Act to extend funding for of the phrases GI Bill and Post-9/11 GI ance for needy families, and for other family-to-family health information Bill to give a false impression of ap- purposes. centers to help families of children proval or endorsement by the Depart- S. 3415 with disabilities or special health care ment of Veterans Affairs, and for other At the request of Mr. INHOFE, the needs make informed choices about purposes. name of the Senator from Wyoming health care for their children. S. 3325 (Mr. BARRASSO) was added as a cospon- S. 2151 At the request of Mr. BEGICH, the sor of S. 3415, a bill to require the dis- At the request of Mr. MCCAIN, the name of the Senator from New Mexico closure of all payments made under the name of the Senator from Kentucky (Mr. BINGAMAN) was added as a cospon- Equal Access to Justice Act. (Mr. MCCONNELL) was added as a co- sor of S. 3325, a bill to authorize the S. 3456 sponsor of S. 2151, a bill to improve in- Secretary of Health and Human Serv- At the request of Mr. BLUMENTHAL, formation security, and for other pur- ices, acting through the Administrator the name of the Senator from Min- poses. of the Substance Abuse and Mental nesota (Ms. KLOBUCHAR) was added as a S. 2272 Health Services Administration, in co- cosponsor of S. 3456, a bill to amend At the request of Ms. MURKOWSKI, the ordination with the Secretary of Edu- title 18, United States Code, with re- name of the Senator from Alaska (Mr. cation, to carry out a 5-year dem- spect to child pornography and child BEGICH) was added as a cosponsor of S. onstration program to fund mental exploitation offenses.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5980 CONGRESSIONAL RECORD — SENATE August 2, 2012 S. 3457 (Mr. SANDERS) was added as a cospon- patent system; we must also help At the request of Mr. NELSON of Flor- sor of S. Res. 392, a resolution urging American inventors and businesses to ida, the names of the Senator from Or- the Republic of Turkey to safeguard its protect their inventions and thrive in egon (Mr. WYDEN) and the Senator Christian heritage and to return con- markets around the world. Consistent from New York (Mrs. GILLIBRAND) were fiscated church properties. with last year’s landmark patent re- added as cosponsors of S. 3457, a bill to AMENDMENT NO. 2653 form legislation, the Leahy-Smith require the Secretary of Veterans Af- At the request of Mr. GRAHAM, the America Invents Act, this legislation fairs to establish a veterans jobs corps, name of the Senator from Pennsyl- will benefit American inventors by im- and for other purposes. vania (Mr. CASEY) was added as a co- plementing two measures to reduce ap- S. 3463 sponsor of amendment No. 2653 in- plication barriers around the world. At the request of Mr. FRANKEN, the tended to be proposed to S. 3414, a bill The Hague Agreement Concerning names of the Senator from Alaska (Mr. to enhance the security and resiliency International Registration of Indus- BEGICH) and the Senator from Massa- of the cyber and communications infra- trial Designs provides a simplified ap- chusetts (Mr. KERRY) were added as co- structure of the United States. plication system for U.S. creators of sponsors of S. 3463, a bill to amend title AMENDMENT NO. 2732 industrial designs who, by filing a sin- XVIII of the Social Security Act to re- At the request of Mr. FRANKEN, the gle standardized application for a de- duce the incidence of diabetes among names of the Senator from Kentucky sign patent at the U.S. Patent and Medicare beneficiaries. (Mr. PAUL), the Senator from Oregon Trademark Office, can apply for design S. 3471 (Mr. WYDEN), the Senator from New protection in each country that has At the request of Mr. RUBIO, the York (Mr. SCHUMER), the Senator from ratified the Treaty. American design names of the Senator from Tennessee Hawaii (Mr. AKAKA), the Senator from patent applicants who previously had (Mr. ALEXANDER), the Senator from Delaware (Mr. COONS), the Senator to file separate applications in numer- Georgia (Mr. ISAKSON), the Senator from Connecticut (Mr. BLUMENTHAL), ous countries may now file a single, from Louisiana (Mr. VITTER), the Sen- the Senator from Vermont (Mr. SAND- English-language application at the ator from Utah (Mr. LEE) and the Sen- ERS), the Senator from New Mexico U.S. Patent Office, reducing the costs ator from Arkansas (Mr. BOOZMAN) (Mr. UDALL), the Senator from Oregon and burdens of obtaining international were added as cosponsors of S. 3471, a (Mr. MERKLEY), the Senator from New protections. The U.S. Patent Office bill to amend the Internal Revenue Hampshire (Mrs. SHAHEEN), the Sen- may also receive applications that Code of 1986 to eliminate the tax on ator from Washington (Ms. CANTWELL), have been filed internationally, but its Olympic medals won by United States the Senator from Alaska (Mr. BEGICH), substantive examination process re- athletes. the Senator from Iowa (Mr. HARKIN), mains unchanged. The standard for ob- S. 3474 the Senator from Illinois (Mr. DURBIN), taining a design patent is not affected. At the request of Mr. MERKLEY, the the Senator from Montana (Mr. By simplifying the process for Amer- name of the Senator from Illinois (Mr. TESTER), the Senator from Virginia ican businesses to obtain design pat- DURBIN) was added as a cosponsor of S. (Mr. WEBB) and the Senator from Min- ents overseas, the Hague Agreement 3474, a bill to provide consumer protec- nesota (Ms. KLOBUCHAR) were added as will reduce barriers for small and mid- tion for students. cosponsors of amendment No. 2732 pro- size companies to expand into foreign S. 3480 posed to S. 3414, a bill to enhance the markets. At the request of Mr. JOHANNS, the security and resiliency of the cyber and The Patent Law Treaty also stream- name of the Senator from Minnesota communications infrastructure of the lines the process for American busi- (Ms. KLOBUCHAR) was added as a co- United States. nesses seeking patent protection over- sponsor of S. 3480, a bill to provide end seas. It limits the formalities different user exemptions from certain provi- f countries can require in patent applica- sions of the Commodity Exchange Act STATEMENTS ON INTRODUCED tions, which are often used to dis- and the Securities Exchange Act of BILLS AND JOINT RESOLUTIONS advantage American applications in 1934. By Mr. LEAHY (for himself and foreign jurisdictions. American businesses and inventors will benefit from S.J. RES. 29 Mr. GRASSLEY): At the request of Mr. UDALL of New S. 3486. A bill to implement the pro- harmonized applications, reducing the Mexico, the name of the Senator from visions of the Hague Agreement and cost of doing business and encouraging New Jersey (Mr. MENENDEZ) was added the Patent Law Treaty; to the Com- U.S. innovators to protect and export as a cosponsor of S.J. Res. 29, a joint mittee on the Judiciary. their products internationally. resolution proposing an amendment to Mr. LEAHY. Mr. President, I am In June, Director Kappos of the U.S. the Constitution of the United States pleased to introduce today legislation Patent and Trademark Office testified relating to contributions and expendi- that will help American businesses and before the Judiciary Committee about tures intended to affect elections. inventors by reducing obstacles for ob- the important need for this imple- S. CON. RES. 47 taining patent protection overseas. menting legislation, stating that the At the request of Mr. MENENDEZ, the This bipartisan measure implements treaties are ‘‘pro-American innovation, name of the Senator from Maryland two patent law treaties that were pro-global innovation, pro-jobs, pro-op- (Ms. MIKULSKI) was added as a cospon- signed under President Clinton and portunity.’’ I agree. I urge the Senate sor of S. Con. Res. 47, a concurrent res- submitted for the Senate’s advice and to act quickly on this final step so that olution expressing the sense of Con- consent by President George W. Bush. the treaties can at last be ratified, and gress on the sovereignty of the Repub- The Senate voted to ratify the treaties American innovators and businesses lic of Cyprus over all of the territory of in 2007 without a single Senator in dis- can benefit from them as U.S. products the island of Cypress. sent. With this implementing legisla- continue to thrive on the global stage. S. CON. RES. 50 tion, Congress will complete its work Mr. President, I ask unanimous con- At the request of Mr. RUBIO, the so that the treaties at last can be rati- sent that the text of the bill be printed name of the Senator from Idaho (Mr. fied and go into effect. in the RECORD. RISCH) was added as a cosponsor of S. Our patent system plays a key role in There being no objection, the text of Con. Res. 50, a concurrent resolution encouraging innovation and bringing the bill was ordered to be printed in expressing the sense of Congress renew products to market. The discov- the RECORD, as follows: garding actions to preserve and ad- eries made by American inventors and S. 3486 vance the multistakeholder governance research institutions, commercialized Be it enacted by the Senate and House of Rep- model under which the Internet has by our companies, and protected and resentatives of the United States of America in thrived. promoted by our patent laws, have Congress assembled, S. RES. 392 made our system the envy of the world. SECTION 1. SHORT TITLE. At the request of Mrs. FEINSTEIN, the But in this global economy, it is not This Act may be cited as the ‘‘Patent Law name of the Senator from Vermont enough to have an effective domestic Treaties Implementation Act of 2012’’.

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TITLE I—HAGUE AGREEMENT CON- ‘‘(c) APPLICABILITY OF CHAPTER 16.—Except ments of subsections (a) through (d) of sec- CERNING INTERNATIONAL REGISTRA- as otherwise provided in this chapter, the tion 119 of this title and section 172 of this TION OF INDUSTRIAL DESIGNS provisions of chapter 16 of this title shall title and the treaty and the Regulations, an SEC. 101. THE HAGUE AGREEMENT CONCERNING apply. international design application designating INTERNATIONAL REGISTRATION OF ‘‘(d) APPLICATION FILED IN ANOTHER COUN- the United States shall be entitled to the INDUSTRIAL DESIGNS. TRY.—An international design application on right of priority based on a prior foreign ap- (a) IN GENERAL.—Title 35, United States an industrial design made in this country plication, a prior international application Code, is amended by adding at the end the shall be considered to constitute the filing of as defined in section 351(c) of this title desig- following: an application in a foreign country within nating at least one country other than the ‘‘PART V—THE HAGUE AGREEMENT CON- the meaning of chapter 17 of this title if the United States, or a prior international de- CERNING INTERNATIONAL REGISTRA- international design application is filed— sign application designating at least one TION OF INDUSTRIAL DESIGNS ‘‘(1) in a country other than the United country other than the United States. States; ‘‘CHAPTER Sec. ‘‘(c) PRIOR NATIONAL APPLICATION.—In ac- ‘‘(2) at the International Bureau; or ‘‘38. International design applications 381. cordance with the conditions and require- ‘‘(3) with an intergovernmental organiza- ments of section 120 of this title, an inter- ‘‘CHAPTER 38—INTERNATIONAL DESIGN tion. APPLICATIONS national design application designating the ‘‘§ 383. International design application United States shall be entitled to the benefit ‘‘Sec. of the filing date of a prior national applica- ‘‘381. Definitions. ‘‘In addition to any requirements pursuant ‘‘382. Filing international design applica- to chapter 16 of this title, the international tion, a prior international application as de- tions. design application shall contain— fined in section 351(c) of this title desig- ‘‘383. International design application. ‘‘(1) a request for international registra- nating the United States, or a prior inter- ‘‘384. Filing date. tion under the treaty; national design application designating the ‘‘385. Effect of international design applica- ‘‘(2) an indication of the designated Con- United States, and a national application tion. tracting Parties; shall be entitled to the benefit of the filing ‘‘386. Right of priority. ‘‘(3) data concerning the applicant as pre- date of a prior international design applica- ‘‘387. Relief from prescribed time limits. scribed in the treaty and the Regulations; tion designating the United States. If any ‘‘388. Withdrawn or abandoned international ‘‘(4) copies of a reproduction or, at the claim for the benefit of an earlier filing date design application. choice of the applicant, of several different is based on a prior international application ‘‘389. Examination of international design reproductions of the industrial design that is as defined in section 351(c) of this title which application. the subject of the international application, designated but did not originate in the ‘‘390. Publication of international design ap- presented in the number and manner pre- United States or a prior international design plication. scribed in the treaty and the Regulations; application which designated but did not ‘‘§ 381. Definitions ‘‘(5) an indication of the product or prod- originate in the United States, the Director ‘‘(a) IN GENERAL.—When used in this part, ucts which constitute the industrial design may require the filing in the Patent and unless the context otherwise indicates— or in relation to which the industrial design Trademark Office of a certified copy of such ‘‘(1) the term ‘treaty’ means the Geneva is to be used, as prescribed in the treaty and application together with a translation Act of the Hague Agreement Concerning the the Regulations; thereof into the English language, if it was International Registration of Industrial De- ‘‘(6) the fees prescribed in the treaty and filed in another language. signs adopted at Geneva on July 2, 1999; the Regulations; and ‘‘§ 387. Relief from prescribed time limits ‘‘(2) the term ‘regulations’— ‘‘(7) any other particulars prescribed in the ‘‘An applicant’s failure to act within pre- ‘‘(A) when capitalized, means the Common Regulations. scribed time limits in connection with re- Regulations under the treaty; and ‘‘§ 384. Filing date quirements pertaining to an international ‘‘(B) when not capitalized, means the regu- ‘‘(a) IN GENERAL.—Subject to subsection design application may be excused as to the lations established by the Director under (b), the filing date of an international design United States upon a showing satisfactory to this title; application in the United States shall be the the Director of unintentional delay and ‘‘(3) the term ‘designation’ means a request effective registration date. Notwithstanding under such conditions, including a require- that an international registration have ef- the provisions of this part, any international ment for payment of the fee specified in sec- fect in a Contracting Party to the treaty; design application designating the United tion 41(a)(7) of this title, as may be pre- ‘‘(4) the term ‘International Bureau’ means States that otherwise meets the require- scribed by the Director. the international intergovernmental organi- ments of chapter 16 of this title may be zation that is recognized as the coordinating ‘‘§ 388. Withdrawn or abandoned inter- treated as a design application under chapter national design application body under the treaty and the Regulations; 16 of this title. ‘‘(5) the term ‘effective registration date’ ‘‘(b) REVIEW.—An applicant may request ‘‘Subject to sections 384 and 387 of this means the date of international registration review by the Director of the filing date of part, if an international design application indicated by the International Bureau under the international design application in the designating the United States is withdrawn, the treaty; United States. The Director may determine renounced or canceled or considered with- ‘‘(6) the term ‘international design applica- that the filing date of the international de- drawn or abandoned, either generally or as tion’ means an application for international sign application in the United States is a to the United States, under the conditions of registration; and date other than the effective registration the treaty and the Regulations, the designa- ‘‘(7) the term ‘international registration’ date. The Director may establish procedures, tion of the United States shall have no effect means the international registration of an including the payment of a surcharge, to re- after the date of withdrawal, renunciation, industrial design filed under the treaty. view the filing date under this section. Such cancellation, or abandonment and shall be ‘‘(b) RULE OF CONSTRUCTION.—Terms and review may result in a determination that considered as not having been made, unless a expressions not defined in this part are to be the application has a filing date in the claim for benefit of a prior filing date under taken in the sense indicated by the treaty United States other than the effective reg- section 386(c) of this part was made in a na- and the Regulations. istration date. tional application, or an international design ‘‘§ 382. Filing international design applica- ‘‘§ 385. Effect of international design applica- application designating the United States, or tions tion a claim for benefit under section 365(c) was made in an international application desig- ‘‘(a) IN GENERAL.—Any person who is a na- ‘‘An international design application des- nating the United States, filed before the tional of the United States, or has a domi- ignating the United States shall have the ef- date of such withdrawal, renunciation, can- cile, a habitual residence, or a real and effec- fect, for all purposes, from its filing date de- cellation, or abandonment. However, such tive industrial or commercial establishment termined in accordance with section 384 of withdrawn, renounced, canceled, or aban- in the United States, may file an inter- this part, of an application for patent filed in doned international design application may national design application by submitting to the Patent and Trademark Office pursuant serve as the basis for a claim of priority the Patent and Trademark Office an applica- to chapter 16 of this title. under subsections (a) and (b) of section 386, tion in such form, together with such fees, as ‘‘§ 386. Right of priority or under subsection (a) or (b) of section 365, may be prescribed by the Director. ‘‘(a) NATIONAL APPLICATION.—In accord- if it designated a country other than the ‘‘(b) REQUIRED ACTION.—The Patent and ance with the conditions and requirements of United States. Trademark Office shall perform all acts con- subsections (a) through (d) of section 119 of nected with the discharge of its duties under this title and section 172 of this title, a na- ‘‘§ 389. Examination of international design the treaty, including the collection of inter- tional application shall be entitled to the application national fees and transmittal thereof to the right of priority based on a prior inter- ‘‘(a) IN GENERAL.—The Director shall cause International Bureau. Subject to chapter 17 national design application which designated an examination pursuant to this title of an of this title, international design applica- at least one country other than the United international design application designating tions shall be forwarded by the Patent and States. the United States. Trademark Office to the International Bu- ‘‘(b) PRIOR FOREIGN APPLICATION.—In ac- ‘‘(b) APPLICABILITY OF CHAPTER 16.—All reau, upon payment of a transmittal fee. cordance with the conditions and require- questions of substance, and, unless otherwise

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required by the treaty and Regulations, pro- sign application as defined in section ‘‘(4) FILING DATE.—The filing date of a procedures regarding an international design 381(a)(6) of this title designating the United visional application shall be the date on application designating the United States States’’; and which a specification, with or without shall be determined as in the case of applica- (B) in the second sentence, by inserting ‘‘or claims, is received in the United States Pat- tions filed under chapter 16 of this title. a prior international design application as ent and Trademark Office.’’; and ‘‘(c) FEES.—The Director may prescribe defined in section 381(a)(6) of this title which (3) by adding at the end the following: fees for filing international design applica- designated but did not originate in the ‘‘(c) PRIOR FILED APPLICATION.—The Direc- tions, for designating the United States, and United States’’ after ‘‘did not originate in tor may prescribe the conditions, including for any other processing, services, or mate- the United States’’; and the payment of a surcharge, under which a rials relating to international design appli- (9) in section 366— reference made upon the filing of an applica- cations, and may provide for later payment (A) in the first sentence, by striking ‘‘un- tion under subsection (a) to a previously of such fees, including surcharges for later less a claim’’ and all that follows through filed application, specifying the previously submission of fees. ‘‘withdrawl.’’ and inserting ‘‘unless a claim filed application by application number and ‘‘(d) ISSUANCE OF PATENT.—The Director for benefit of a prior filing date under sec- the intellectual property authority or coun- may issue a patent based on an international tion 365(c) of this section was made in a na- try in which the application was filed, shall design application designating the United tional application, or an international appli- constitute the specification and any draw- States, in accordance with the provisions of cation designating the United States, or a ings of the subsequent application for pur- this title. Such patent shall have the force claim for benefit under section 386(c) was poses of a filing date. A copy of the specifica- and effect of a patent issued on an applica- made in an international design application tion and any drawings of the previously filed tion filed under chapter 16 of this title. designating the United States, filed before application shall be submitted within such ‘‘§ 390. Publication of international design ap- the date of such withdrawal.’’; and period and under such conditions as may be plication (B) by striking the second sentence and in- prescribed by the Director. A failure to sub- ‘‘The publication under the treaty defined serting the following: ‘‘However, such with- mit the copy of the specification and any in section 381(a)(1) of an international design drawn international application may serve drawings of the previously filed application application designating the United States as the basis for a claim of priority under sec- within the prescribed period shall result in shall be deemed a publication under section tion 365 (a) and (b) of this part, or under sec- application being regarded as abandoned and 122(b).’’. tion 386 (a) or (b), if it designated a country treated as having never been filed.’’. ELIEF IN ESPECT OF IME IMITS AND (b) CONFORMING AMENDMENT.—The table of other than the United States.’’. (b) R R T L parts at the beginning of title 35, United SEC. 103. EFFECTIVE DATE. REINSTATEMENT OF RIGHTS.— States Code, is amended by adding at the end (a) IN GENERAL.—The amendments made by (1) IN GENERAL.—Chapter 2 of title 35, the following: this title shall be effective on the later of— United States Code, is amended by adding at (1) the date that is 1 year after the date of the end the following: ‘‘V. The Hague Agreement con- enactment of this Act, or cerning international registra- ‘‘§ 27. Revival of applications; reinstatement (2) the date of entry into force of the trea- tion of industrial designs ...... 401’’. of reexamination proceedings ty, as defined in section 381 of title 35, as ‘‘(a) IN GENERAL.—The Director may estab- SEC. 102. CONFORMING AMENDMENTS. amended by this Act, with respect to the Title 35, United States Code, is amended— lish procedures, including the requirement United States. for payment of the fee specified in section (1) in section 100(i)(1)(B), by striking ‘‘right PPLICABILITY OF AMENDMENTS.— (b) A 41(a)(7), to revive an unintentionally aban- of priority under section 119, 365(a), or 365(b) (1) IN GENERAL.—Subject to paragraph (2), doned application for patent, accept an unin- or to the benefit of an earlier filing date the amendments made by this title shall tentionally delayed payment of the fee for under section 120, 121, or 365(c)’’ and insert- apply only to international design applica- issuing each patent, or accept an uninten- ing ‘‘right of priority under section 119, tions, international applications as defined tionally delayed response by the patent 365(a), 365(b), 386(a), or 386(b) or to the ben- in section 351(c) of title 35, United States owner in a reexamination proceeding, upon efit of an earlier filing date under section Code, and national applications filed on and petition by the applicant for patent or pat- 120, 121, 365(c), or 386(c)’’; after the effective date set forth in sub- ent owner.’’. (2) in section 102(d)(2), by striking ‘‘to section (a), and patents issuing thereon. (2) TECHNICAL AND CONFORMING AMEND- claim a right of priority under section 119, (2) EXCEPTION.—Sections 100(i) and 102(d) of MENT.—The table of sections for chapter 2 of 365(a), or 365(b), or to claim the benefit of an title 35, United States Code, as amended by earlier filing date under section 120, 121, or this title, shall not apply to an application, title 35, United States Code, is amended by 365(c)’’ and inserting ‘‘to claim a right of pri- or any patent issuing thereon, unless it is de- adding at the end the following: ority under section 119, 365(a), 365(b), 386(a), scribed in section 3(n)(1) of the Leahy-Smith ‘‘27. Revival of applications; reinstatement or 386(b), or to claim the benefit of an earlier America Invents Act (35 U.S.C. 100 note). of reexamination proceedings.’’. filing date under section 120, 121, 365(c), or TITLE II—PATENT LAW TREATY (c) RESTORATION OF PRIORITY RIGHT.—Title 386(c)’’; IMPLEMENTATION 35, United States Code, is amended— (3) in section 111(b)(7)— (1) in section 119— SEC. 201. PROVISIONS TO IMPLEMENT THE PAT- (A) by striking ‘‘section 119 or 365(a)’’ and ENT LAW TREATY. (A) in subsection (a), by adding at the end inserting ‘‘section 119, 365(a), or 386(a)’’; and (a) APPLICATION FILING DATE.—Section 111 the following: ‘‘The Director may prescribe (B) by striking ‘‘section 120, 121, or 365(c)’’ of title 35, United States Code, is amended— regulations, including the requirement for and inserting ‘‘section 120, 121, 365(c), or (1) in subsection (a), by striking para- payment of the fee specified in section 386(c)’’; graphs (3) and (4) and inserting the following: 41(a)(7), pursuant to which the 12-month pe- (4) in section 115(g)(1), by striking ‘‘section ‘‘(3) FEE, OATH OR DECLARATION, AND riod set forth in this subsection may be ex- 120, 121, or 365(c)’’ and inserting ‘‘section 120, CLAIMS.—The application shall be accom- tended by an additional 2 months if the delay 121, 365(c), or 386(c)’’; panied by the fee required by law. The fee, in filing the application in this country (5) in section 120, in the first sentence, by oath or declaration, and 1 or more claims within the 12-month period was uninten- striking ‘‘section 363’’ and inserting ‘‘section may be submitted after the filing date of the tional.’’; and 363 or 385’’; application, within such period and under (B) in subsection (e)— (6) in section 154— such conditions, including the payment of a (i) in paragraph (1)— (A) in subsection (a)— surcharge, as may be prescribed by the Di- (I) by inserting after the first sentence the (i) in paragraph (2), by striking ‘‘section rector. Upon failure to submit the fee, oath following: ‘‘The Director may prescribe regu- 120, 121, or 365(c)’’ and inserting ‘‘section 120, or declaration, and 1 or more claims within lations, including the requirement for pay- 121, 365(c), or 386(c)’’; and such prescribed period, the application shall ment of the fee specified in section 41(a)(7), (ii) in paragraph (3), by striking ‘‘section be regarded as abandoned. pursuant to which the 12-month period set 119, 365(a), or 365(b)’’ and inserting ‘‘section ‘‘(4) FILING DATE.—The filing date of an ap- forth in this subsection may be extended by 119, 365(a), 365(b), 386(a), or 386(b)’’; and plication shall be the date on which a speci- an additional 2 months if the delay in filing (B) in subsection (d)(1), by inserting ‘‘or an fication, with or without claims, is received the application under section 111(a) or sec- international design application filed under in the United States Patent and Trademark tion 363 within the 12-month period was un- the treaty defined in section 381(a)(1) desig- Office.’’; intentional.’’; and nating the United States under Article 5 of (2) in subsection (b), by striking para- (II) in the last sentence— such treaty’’ after ‘‘Article 21(2)(a) of such graphs (3) and (4) and inserting the following: (aa) by striking ‘‘including the payment of treaty’’; ‘‘(3) FEE.—The application shall be accom- a surcharge’’ and inserting ‘‘including the (7) in section 173, by striking ‘‘fourteen panied by the fee required by law. The fee payment of the fee specified in section years’’ and inserting ‘‘15 years’’; may be submitted after the filing date of the 41(a)(7)’’; and (8) in section 365(c)— application, within such period and under (bb) by striking ‘‘during the pendency of (A) in the first sentence, by striking ‘‘or a such conditions, including the payment of a the application’’; and prior international application designating surcharge, as may be prescribed by the Di- (ii) in paragraph (3), by adding at the end the United States’’ and inserting ‘‘, a prior rector. Upon failure to submit the fee within the following: ‘‘For an application for patent international application designating the such prescribed period, the application shall filed under section 363 in a foreign Receiving United States, or a prior international de- be regarded as abandoned. Office, the 12-month and additional 2 month

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5983 period set forth in this subsection shall be (5) in section 133, by striking ‘‘, unless it be libel lawsuits arising out of protected extended as provided under the treaty and shown’’ and all that follows through ‘‘un- speech to advance beyond an initial Regulations as defined in section 351.’’; and avoidable’’; stage of litigation. Such laws thereby (2) in section 365(b), by adding at the end (6) by striking section 151 and inserting the protect journalists and bloggers from the following: ‘‘The Director may establish following: procedures, including the requirement for the financial impact of defending ‘‘§ 151. Issue of patent against such suits. Approximately 30 payment of the fee specified in section ‘‘If it appears that applicant is entitled to 41(a)(7), to accept an unintentionally delayed a patent under the law, a written notice of States have anti-SLAPP laws, though claim for priority under the treaty and the allowance of the application shall be given their coverage varies. There is no fed- Regulations, and to accept a priority claim or mailed to the applicant. The notice shall eral law. The FPA would create a fed- where such priority claim pertains to an ap- specify a sum, constituting the issue fee and eral anti-SLAPP law, and allow parties plication that was not filed within the pri- any required publication fee, which shall be to remove some state SLAPP claims to ority period specified in the treaty and Regu- paid within 3 months thereafter. lations, but was filed within the additional 2- Federal court. ‘‘Upon payment of this sum the patent At the conclusion of my remarks month period specified under section 119(a) may issue, but if payment is not timely or the treaty and Regulations.’’. today, I will submit for the record a made, the application shall be regarded as (d) RECORDATION OF OWNERSHIP INTER- section-by-section summary of the abandoned.’’; ESTS.—Section 261 of title 35, United States (7) in section 361, by striking subsection (c) FPA. I will first, however, comment on Code, is amended— several features of the bill, including (1) in the first undesignated paragraph by and inserting the following: ‘‘(c) International applications filed in the the meaning of some of the language adding at the end the following: ‘‘The Patent Patent and Trademark Office shall be filed and Trademark Office shall maintain a reg- that is used, and Congress’ authority to ister of interests in applications for patents in the English language, or an English trans- enact such legislation. and patents and shall record any document lation shall be filed within such later time as The FPA’s special motion to dismiss related thereto upon request, and may re- may be fixed by the Director.’’; requires the plaintiff to present ‘‘prima quire a fee therefor.’’; and (8) in section 364, by striking subsection (b) facie evidence’’ supporting his cause of (2) in the fourth undesignated paragraph and inserting the following: ‘‘(b) An applicant’s failure to act within action. The standard definition of by striking ‘‘An assignment’’ and inserting prescribed time limits in connection with re- ‘‘prima facie evidence,’’ which is em- ‘‘An interest that constitutes an assign- quirements pertaining to an international ployed by the FPA, is that given by ment’’. application may be excused as provided in Justice Story in his opinion for the SEC. 202. CONFORMING AMENDMENTS. the treaty and the Regulations.’’; and (a) IN GENERAL.—Section 171 of title 35, court in Kelly v. Jackson, 31 U.S. 622, (9) in section 371(d), in the third sentence, United States Code, is amended by adding at 632, 1832: ‘‘What is prima facie evidence by striking ‘‘, unless it be shown to the satis- the end the following: of a fact? It is such as, in judgment of ‘‘The filing date of an application for pat- faction of the Director that such failure to comply was unavoidable’’. law, is sufficient to establish a fact; ent for design shall be the date on which the and, if not rebutted, remains sufficient specification as prescribed by section 112 and SEC. 203. EFFECTIVE DATE. any required drawings are filed.’’. (a) IN GENERAL.—Except as provided in for that purpose.’’ For similar state- (b) RELIEF IN RESPECT OF TIME LIMITS AND subsection (b), the amendments made by this ments, see Bailey v. Alabama, 219 S.Ct. REINSTATEMENT OF RIGHT.—Title 35, United title shall be effective on the date that is 1 219, 234, 1911, quoting Kelly v. Jackson; States Code, is amended— year after the date of enactment of this Act and Neely v. United States, 150 F.2d 977, (1) in section 41— and shall apply to all patents and to all ap- 978, D.C. Cir. 1945, which notes ‘‘Justice (A) in subsection (a), by striking sub- plications for patent pending on or filed after Story’s often quoted definition of section (7) and inserting the following: the date that is 1 year after the date of en- prima facie evidence.’’ ‘‘(7) REVIVAL FEES.—On filing each petition actment of this Act. This definition is also employed by for the revival of an abandoned application (b) EXCEPTIONS.— for a patent, for the delayed payment of the (1) SECTION 201(A).—The amendments made Black’s Law Dictionary, which defines fee for issuing each patent, for the delayed by section 201(a) shall apply only to applica- ‘‘prima facie evidence’’ as: response by the patent owner in any reexam- tions filed on or after the date that is 1 year Such evidence as, in the judgment of the ination proceeding, for the delayed payment after the date of enactment of this Act. law, is sufficient to establish a given fact of the fee for maintaining a patent in force, (2) PATENT THAT IS SUBJECT OF LITIGA- and which if not rebutted or contradicted, for the delayed submission of a priority or TION.—The amendments made by this title will remain sufficient. [Prima facie evi- benefit claim, or for the extension of the 12- shall have no effect with respect to any pat- dence], if unexplained or uncontradicted, is month period for filing a subsequent applica- ent that is the subject of litigation in an ac- sufficient to sustain a judgment in favor of tion, $1,700.00. The Director may refund any tion commenced before the date that is 1 the issue which it supports, but [it] may be part of the fee specified in this paragraph, in year after the date of enactment of this Act. contradicted by other evidence. exceptional circumstances as determined by In a recent concurring and dissenting the Director’’; and By Mr. KYL: opinion, Justice Scalia went so far as S. 3493. A bill to protect first amend- (B) in subsection (c), by striking paragraph to describe this definition of ‘‘prima (1) and inserting the following: ment rights of journalists and internet facie evidence’’ as ‘‘canonical.’’ He also ‘‘(1) ACCEPTANCE.—The Director may ac- service providers by preventing States stated: cept the payment of any maintenance fee re- and the United States from allowing quired by subsection (b) after the 6-month The established meaning in Virginia, then, meritless lawsuits arising from acts in of the term ‘‘prima facie evidence’’ appears grace period if the delay is shown to the sat- furtherance of those rights, commonly isfaction of the Director to have been unin- to be perfectly orthodox: It is evidence that tentional. The Director may require the pay- called ‘‘Strategic Lawsuits Against suffices, on its own, to establish a particular ment of the fee specified in paragraph (a)(7) Public Participation’’ or ‘‘SLAPPs’’, fact. But it is hornbook law that this is true as a condition of accepting payment of any and for other purposes; to the Com- only to the extent that the evidence goes maintenance fee after the 6-month grace pe- mittee on the Judiciary. unrebutted. ‘‘Prima facie evidence of a fact riod. If the Director accepts payment of a Mr. KYL. Mr. President, I rise today is such evidence as, in judgment of law, is maintenance fee after the 6-month grace pe- to introduce the Free Press Act. The sufficient to establish the fact; and, if not re- riod, the patent shall be considered as not FPA would create a Federal anti- butted, remains sufficient for the purpose.’’ 7B Michie’s Jurisprudence of Virginia and having expired at the end of the grace pe- SLAPP statute for journalists, riod.’’; West Virginia § 32, 1998, (emphasis added). bloggers, and other news media, au- (2) in section 119(b)(2), in the second sen- Virginia v. Black, 538 U.S. 343, 369–70, thorizing them to bring a special mo- tence, by striking ‘‘including the payment of 2003, Scalia, J., concurring in part, con- tion to dismiss lawsuits brought a surcharge’’ and inserting ‘‘including the recurring in judgment in part, and dis- against them that arise out of their quirement for payment of the fee specified in senting in part. section 41(a)(7)’’; speech on public issues. Once the spe- Other Federal courts continue to use (3) in section 120, in the fourth sentence, by cial motion to dismiss is brought, the this definition of ‘‘prima facie evi- striking ‘‘including the payment of a sur- nonmoving party must present a prima dence:’’ charge’’ and inserting ‘‘including the re- facie case supporting the lawsuit; if the quirement for payment of the fee specified in ‘‘A prima facie showing simply means evi- section 41(a)(7)’’; nonmovant fails to do so, the lawsuit is dence of such nature as is sufficient to estab- (4) in section 122(b)(2)(B)(iii), in the second dismissed and fees and costs are award- lish a fact and which, if unrebutted, remains sentence, by striking ‘‘, unless it is shown’’ ed to the movant. sufficient for that purpose.’’ Cumulus Media, and all that follows through ‘‘uninten- Anti-SLAPP laws effectively make it Inc. v. Clear Channel Communications, Inc., 304 tional’’; impossible for frivolous or marginal F.3d 1167, 1176 n.13, 11th Cir. 2002.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5984 CONGRESSIONAL RECORD — SENATE August 2, 2012 ‘‘Under [the prima facie evidence] stand- of public concern. And the Second Cir- Although such a limitation is not ard, it is plaintiff’s burden to demonstrate cuit, in Flamm v. American Assoc. of stated on the face of section 1442, the the existence of every fact required to sat- University Women, 201 F.3d 144, 150, 2d Supreme Court has long held that ‘‘fed- isfy both the forum’s long-arm statute and Cir. 2000, has held that a negative eval- eral officer removal must be predicated the Due Process Clause of the Constitution. The prima facie showing must be based upon uation of an attorney’s services, di- on the allegation of a colorable federal evidence of specific facts set forth in the rected to potential customers, address- defense.’’ Mesa v. California, 489 U.S. record. To meet this requirement, the plain- es a matter of public concern. 121, 129, 1989. See also id. at 133–34, tiff must go beyond the pleadings and make The following quotation from a New which notes that ‘‘an unbroken line of affirmative proof. However, in evaluating Jersey Supreme Court opinion, citing this Court’s decisions extending back whether the prima facie standard has been other courts’ decisions, illustrates the nearly a century and a quarter have satisfied, the district court is not acting as a breadth of support for the proposition understood all the various incarnations factfinder; rather, it accepts properly sup- that commentary on products or serv- of the federal officer removal statute ported proffers of evidence by a plaintiff as true and makes its ruling as a matter of law. ices offered to consumers is a matter of to require the averment of a federal de- When the district court employs the prima public concern. That court noted, in fense.’’ facie standard appellate review is de novo.’’ Dairy Stores, Inc. v. Sentinel Publishing The most recent Supreme Court pro- United States v. Swiss American Bank, Ltd., 274 Co., Inc., 104 N.J. 125, 144–45, 516 A.2d nouncements confirm that ‘Article III F.3d 610, 618–19, 1st Cir. 2001, citations and 220, 230, 1986, that: ‘arising under’ jurisdiction is broader quotations omitted. Some courts have developed criteria for de- than federal question jurisdiction ‘‘Prima facie evidence consists of specific termining whether the activities and prod- under § 1331,’’ Verlinden B.V. v. Central factual information which, in the absence of ucts of corporations constitute matters of rebuttal, is sufficient to show that a fairness Bank of Nigeria, 461 U.S. 480, 495 (1983), public interest. As previously indicated, and note that Article III federal-ques- doctrine violation exists. * * * * In general matters of public interest include such es- terms, prima facie evidence is evidence sentials of life as food and water. See Steaks tion jurisdiction ‘‘has been construed which is sufficient in law to sustain a finding Unlimited, Inc. v. Deaner, supra, 623 F.2d 264; as permitting Congress to extend fed- in favor of a claim, but which may be contra- All Diet Foods Distribs., Inc. v. Time, Inc., eral jurisdiction to any case of which dicted.’’ American Security Council Education supra, 56 Misc.2d 821, 290 N.Y.S.2d 445; Exner federal law potentially forms an ingre- Foundation v. F.C.C., 607 F.2d 438, 445–46 & v. American Medical Ass’n, supra, 12 dient,’’ Franchise Tax Board v. Construc- n.24, D.C. Cir. 1979. Wash.App. 215, 529 P.2d 863. Widespread ef- tion Laborers Vacation Trust, 463 U.S. 1, ‘‘A prima facie case is established by evi- fects of a product are yet another indicator dence adduced by the plaintiff in support of 8 n.8 (quoting Osborn v. Bank of the that statements about the product are in the United States, 9 What. 738, 823 (1824)). his case up to the time such evidence stands public interest. Robinson v. American Broad- unexplained and uncontradicted. The words casting Cos., 441 F.2d 1396 (6th Cir.1971) (pos- In Martin v. Hunter’s Lessee, 1 Wheat. ‘prima facie,’ when used to describe evi- sible causes of cancer are a matter of public 304, 348–49, 1816, the Supreme Court also dence, ex vi termini imply that such evidence concern); Lewis v. Reader’s Digest Ass’n, noted that may be rebutted by competent testimony. supra, 366 F.Supp. at 156, article on an ar- ‘‘[t]he judicial power * * * * was not to be The term prima facie evidence’ implies evi- thritis cure is in public interest because sig- exercised exclusively for the benefit of par- dence which may be rebutted and overcome, nificant portion of population is afflicted ties who might be plaintiffs, and would elect and simply means that in the absence of ex- with arthritis; American Broadcasting Cos., the national forum, but also for the protec- planatory or contradictory evidence the find- Inc. v. Smith Cabinet Mfg. Co., Inc., 160 tion of defendants who might be entitled to ing shall be in accordance with the proof es- Ind.App. 367,——, 312 N.E.2d 85, 90, 1974, flam- try their rights, or assert their privileges, in tablishing the prima facie case.’’ In re Chi- mability of 25,000 baby cribs held to be mat- the same forum,’’ and further noting that cago Rys. Co, 175 F.2d 282, 289–90, 7th Cir. 1949, ter of public interest; Krebiozen Research ‘‘we are referred to the power which it is ad- citations and quotations omitted. Found. v. Beacon Press, Inc., 334 Mass. 86, ‘‘The term prima facie evidence means * * mitted congress possess to remove suits from ——, 134 N.E.2d 1, 6–9, cert. denied, 352 U.S. state courts to the national courts.’’ * * [e]vidence good and sufficient on its face; 848, 77 S.Ct. 65, 1 L.Ed.2d 58, 1956, possible such evidence as, in the judgment of the law, cures for cancer are matter of public con- The Federal-defense-based removal is sufficient to establish a given fact, or the cern. Still another criterion is substantial authorized by the FPA is thus well group or chain of facts constituting the par- government regulation of business activities within Congress’s constitutional au- ty’s claim or defense, and which if not rebut- and products. thority. ted or contradicted, will remain sufficient. Prima facie evidence is evidence which, if The FPA thus protects speech con- Mr. President, I ask unanimous con- unexplained or uncontradicted, is sufficient sisting of consumer commentary that sent that the text of the bill and a sec- to sustain a judgment in favor of the issue focuses solely on the quality, reli- tion-by-section summary be printed in which it supports, but which may be contra- ability, or effectiveness of a consumer the RECORD. dicted by other evidence.’’’ Gibson v. Zant, product, regardless of whether such There being no objection, the mate- 547 F.Supp. 1270, 1276, M.D. Ga. 1982, quoting commentary addresses broader social rial was ordered to be printed in the Black’s Law Dictionary, 5th Edition. issues. The quality of goods and serv- RECORD as follows: ‘Prima facie evidence’ is evidence which, if unrebutted or unexplained, is sufficient to ices offered to the public is itself a S. 3493 establish the fact to which it is related. It matter of public concern. The FPA pro- Be it enacted by the Senate and House of Rep- proves the fact until other proof contradicts tects the dissemination of any informa- resentatives of the United States of America in or overcomes the factual hypothesis initially tion about a product that would be of Congress assembled, set up by the presumption.’’ DAL Int’l Trad- interest to potential consumers. SECTION 1. SHORT TITLE. ing Co. v. The SS Milton J. Foreman, 171 Finally, the FPA allows removal to This Act may be cited as the ‘‘Free Press F.Supp. 794, 798, E.D.N.Y. 1959. Federal court to be sought by a defend- Act of 2012’’. The FPA makes its special motion to ant. Although current law only allows SEC. 2. SPECIAL MOTION TO DISMISS. dismiss available in cases arising out of removal when the Federal question ap- Part VI of title 28, United States Code, is speech on matters of public concern. It pears on the face of a well-pleaded amended by adding at the end the following: bears emphasis that ‘‘matters of public complaint, this rule is only statutory. ‘‘CHAPTER 182—SPECIAL MOTION TO concern’’ include commentary on con- Congress is well within its power to DISMISS sumer products. As the Pennsylvania allow removal of cases that raise a ‘‘Sec. intermediate court of appeals recently colorable Federal defense. ‘‘4201. Special motion to dismiss. noted, in American Future Systems, Inc. Two current Federal statutes clearly ‘‘4202. Stay of discovery. v. Better Business Bureau of Eastern allow removal by defendants based ‘‘4203. Exceptions for governmental litiga- Pennsylvania, 872 A.2d 1202, 1211, Pa. only on the assertion of a Federal de- tion and commercial speech. Super. 2005, a ‘‘statement regarding the fense. One is 28 U.S.C. § 1442(a), which ‘‘4204. Interlocutory appeal. effectiveness of a consumer product ad- allows Federal officers, among others, ‘‘4205. Special motion to quash. dresses a matter of public concern.’’ to remove a state civil action or pros- ‘‘4206. Removal. Similarly, the U.S. Court of Appeals ecution to federal court. The other is 9 ‘‘4207. Fees, costs, and sanctions. for the Ninth Circuit, in Unelko Corp. v. U.S.C. § 205, which allows removal of ‘‘§ 4201. Special motion to dismiss Rooney, 912 F.2d 1049, 1056, 9th Cir. 1990, disputes that appear to be covered by ‘‘(a) IN GENERAL.—A representative of the concluded that ‘‘statements about an international arbitration agree- news media (as defined in section 552(a)(4) of product effectiveness’’ address matters ment. title 5) may file a special motion to dismiss

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5985 any claim asserted against the representa- quash the request or order to produce the in- under section 4206 is frivolous or is solely in- tive of the news media in a civil action if the formation. tended to cause unnecessary delay, the court claim arises in whole or in part from an oral ‘‘(b) BURDENS OF PROOF.— may award litigation costs, expert witness or written statement or other expression ‘‘(1) MOVING PARTY.—A person filing a spe- fees, and reasonable attorney’s fees to the that is on a matter of public concern or that cial motion to quash a request or order party that responded to the motion or no- relates to a public official or figure. under this section shall have the burden of tice. ‘‘(b) TIME LIMIT.—Unless the court grants making a prima facie showing that the re- ‘‘(c) EXCEPTIONS.— an extension, a special motion to dismiss quest or order is a request or order described ‘‘(1) GOVERNMENTAL ENTITIES.—The Federal under this section shall be filed— in subsection (a). Government and the government of a State, ‘‘(1) not later than 45 days after the date of ‘‘(2) NONMOVING PARTY.—If the movant or political subdivision thereof, may not re- service of the claim, if the claim is filed in meets the burden described in paragraph (1), cover litigation costs, expert witness fees, or Federal court; or the party who made the request or sought attorney’s fees under this section. ‘‘(2) not later than 30 days after the date of the order shall bear the burden of showing ‘‘(2) NOVEL LEGAL QUESTIONS.—A court may removal, if the claim is removed to Federal that the claim described in subsection (a) not award litigation costs, expert witness court under section 4206. is— fees, or attorney’s fees under subsection (a) ‘‘(c) AMENDMENTS.—If a special motion to ‘‘(A) legally sufficient; and if the grant of the special motion to dismiss dismiss is filed under this section as to a ‘‘(B) supported by a prima facie showing, under section 4201 or the special motion to claim, the claim may not be amended or sup- based on admissible evidence, of facts suffi- quash under section 4205 depended on the res- plemented until a final and unappealable cient to sustain a favorable judgment. olution of a novel or unsettled legal question order is entered denying the special motion ‘‘(3) FAILURE TO MEET BURDEN.—If the non- in favor of the movant.’’. to dismiss. moving party fails to meet the burden re- SEC. 3. RELATIONSHIP TO OTHER LAWS. ‘‘(d) BURDENS OF PROOF.— quired for a claim under paragraph (2), the Nothing in this Act or the amendments ‘‘(1) MOVING PARTY.—A representative of request or order to produce the personally made by this Act shall preempt or supersede the news media filing a special motion to identifying information shall be quashed. any Federal or State statutory, constitu- dismiss under this section as to a claim shall ‘‘§ 4206. Removal tional, case, or common law that provides have the burden of making a prima facie ‘‘(a) SPECIAL MOTION TO DISMISS.— the equivalent or greater protection for per- showing that the claim is a claim described ‘‘(1) IN GENERAL.—Except as provided in sons engaging in activities protected by the in subsection (a). paragraph (2), a civil action in a State court First Amendment to the Constitution of the ‘‘(2) NONMOVING PARTY.—If the movant that raises a claim that colorably appears to United States. meets the burden described in paragraph (1) be a claim described in section 4201(a) may SEC. 4. TECHNICAL AND CONFORMING AMEND- for a claim, the party asserting the claim be removed to the district court of the MENTS. shall bear the burden of proving that the United States for the district and division (a) TABLE OF CHAPTERS.—The table of claim is— embracing the place where the civil action is chapters for part VI of title 28, United States ‘‘(A) legally sufficient; and pending by a party who may file and who Code, is amended by adding at the end the ‘‘(B) supported by a prima facie showing, seeks to file a special motion to dismiss following: based on admissible evidence, of facts suffi- under section 4201 that asserts a colorable ‘‘182. Special motion to dismiss ...... 4201’’. cient to sustain a favorable judgment. defense based on the Constitution or laws of (b) INTERLOCUTORY APPEALS.—Section ‘‘(3) FAILURE TO MEET BURDEN.—If the non- the United States. moving party fails to meet the burden re- 1292(a) of title 28, United States Code, is ‘‘(2) EXCEPTION.—Removal may not be re- amended— quired for a claim under paragraph (2), the quested under paragraph (1) on the basis of a claim shall be dismissed with prejudice. (1) in paragraph (3), by striking the period third-party claim or a cross claim asserted at the end and inserting ‘‘; and’’; and ‘‘§ 4202. Stay of discovery by a defendant. (2) by adding at the end the following: ‘‘(a) IN GENERAL.—Except as provided in ‘‘(3) REMAND.—If a civil action is removed ‘‘(4) Interlocutory orders granting or deny- subsection (b), upon the filing of a special under paragraph (1), and a final and ing in whole or in part special motions to motion to dismiss under section 4201, dis- unappealable order is entered denying the dismiss under section 4201.’’. covery proceedings in the action shall be special motion to dismiss filed under section (c) NONDISCHARGABILITY OF FEES AND stayed until a final and unappealable order is 4201, the court may remand the remaining COSTS.—Section 523(a) of title 11, United entered on the special motion to dismiss. claims to the State court from which the States Code, is amended— ‘‘(b) LIMITATION AND EXCEPTION.— civil action was removed. (1) in paragraph (18), by striking ‘‘or’’ at ‘‘(1) LIMITATION.—A stay issued under sub- ‘‘(b) SPECIAL MOTION TO QUASH.— the end; section (a) based on the filing of a special ‘‘(1) IN GENERAL.—A proceeding in a State (2) in paragraph (19), by striking the period motion to dismiss that only seeks dismissal court in which a request or order that at the end and inserting ‘‘; or’’; and of a third-party claim or a cross claim as- colorably appears to be a request or order de- (3) by inserting after paragraph (19) the fol- serted by a defendant shall only stay dis- scribed in section 4205(a) is sought, issued, or lowing: covery that— sought to be enforced may be removed to the ‘‘(20) for litigation costs, expert witness ‘‘(A) is requested by the party asserting district court of the United States for the fees, or reasonable attorney’s fees awarded the third-party claim or cross claim; or district and division embracing the place by a court under chapter 182 of title 28 or ‘‘(B) relates solely to the third-party claim where the civil action is pending by a person under comparable State laws.’’. or cross claim. who may file and who seeks to file a special SEC. 5. EFFECTIVE DATE; APPLICABILITY. ‘‘(2) EXCEPTION.—Upon motion and for good motion to quash under section 4205 that as- (a) EFFECTIVE DATE.—Except as provided in cause shown, a court may order that speci- serts a colorable defense based on the Con- subsection (b), this Act and the amendments fied discovery be conducted. stitution or laws of the United States. made by this Act shall— ‘‘(2) LIMITATION.—If removal is requested ‘‘§ 4203. Exceptions for governmental litiga- (1) take effect on the date of enactment of under paragraph (1) for a proceeding in which tion and commercial speech this Act; and a request or order described in section 4205(a) ‘‘A special motion to dismiss under section (2) apply to a claim filed on or after the is sought, issued, or sought to be enforced, 4201 may not be filed as to a claim that— date of enactment of this Act. and there is no basis for removal of the re- ‘‘(1) is brought by the Federal Government (b) CLAIMS FILED BEFORE ENACTMENT.—For mainder of the civil action in connection or the attorney general of a State; or a claim that was filed before and is pending with which the proceeding is brought, or no ‘‘(2) arises out of a statement offering or on the date of enactment of this Act— party has requested removal of the remain- promoting the sale of the goods or services of (1) this Act and the amendments made by der of the civil action, only the proceeding in the person making the statement. this Act shall apply to the claim if the court which the request or order described is sec- with original jurisdiction of the claim has ‘‘§ 4204. Interlocutory appeal tion 4205(a) is sought, issued, or sought to be not entered a judgment on the merits as to ‘‘An aggrieved party may take an imme- enforced may be removed. the claim as of the date of enactment of this diate interlocutory appeal from an order ‘‘§ 4207. Fees, costs, and sanctions granting or denying in whole or in part a Act; and ‘‘(a) ATTORNEY’S FEES AND COSTS.—Except special motion to dismiss under section 4201. (2) for a claim described in paragraph (1), as provided in subsection (c), a court shall the periods under sections 4201 and 1446 of ‘‘§ 4205. Special motion to quash award a person who files and prevails on a title 28, United States Code, as amended by ‘‘(a) IN GENERAL.—A person whose person- special motion to dismiss under section 4201 this Act, shall begin on the date of enact- ally identifying information is sought in or a special motion to quash under section ment of this Act. connection with a claim that arises in whole 4205 litigation costs, expert witness fees, and or in part from an oral or written statement reasonable attorney’s fees. FREE PRESS ACT: SECTION-BY-SECTION or other expression that is on a matter of ‘‘(b) FRIVOLOUS MOTIONS OR PETITIONS.— SUMMARY public concern or that relates to a public of- Except as provided in subsection (c)(1), if a Section 4201. Special Motion to Dismiss. A ficial or figure, or a person from whom such court finds that a special motion to dismiss ‘‘representative of the news media’’ (as de- information is sought in connection with under section 4201, a special motion to quash fined in FOIA) may file a special motion to such a claim, may file a special motion to under section 4205, or a notice of removal dismiss a legal claim arising out of speech on

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5986 CONGRESSIONAL RECORD — SENATE August 2, 2012 a matter of public concern or that relates a used in implanted infusion pumps from action information required under such sub- public official or figure. Once the motion is billing Medicare directly for these section (l). properly brought, the nonmovant must show services. This was an attempt to re- By Mr. HOEVEN (for himself, Mr. that the lawsuit is supported by a prima verse a policy that has been permis- facie showing of facts sufficient to sustain a CONRAD, Mr. BAUCUS, Mr. sible in several States for over 20 years. favorable judgment. If the nonmovant fails MCCONNELL, Mr. KOHL, Mr. Since then, I have worked with Senator to meet this burden, the lawsuit is dismissed PORTMAN, Ms. LANDRIEU, Mr. with prejudice. WICKER and other Members of Congress BOOZMAN, Mr. MANCHIN, Mr. Section 4202. Stay of Discovery. Upon fil- to delay the implementation of this BLUNT, Mr. WARNER, Mr. JOHN- ing of the special motion to dismiss, dis- change until its effects have been fully SON of Wisconsin, Mr. PRYOR, covery is stayed absent good cause shown. If considered. Mr. MORAN, Mrs. MCCASKILL, the motion is filed with respect to a cross This policy change has been met with claim or third-party claim, discovery is Mr. ALEXANDER, Mr. NELSON of opposition from pharmacies, physi- stayed only with respect to that claim. (This Nebraska, Mr. TOOMEY, Mr. cians, and patients. In Mississippi, exception is made to prevent defendants NELSON of Florida, Mr. GRA- pharmacies are prohibited from selling from using the special motion to dismiss to HAM, Mr. CASEY, Mr. THUNE, Mr. affect litigation in which the complaint does infused pain medications to physicians, WEBB, and Mr. HATCH): not assert claims arising out of speech on which would result in decreased access S. 3512. A bill to amend subtitle D of public issues.) to effective treatments for chronic Section 4203. Governmental Litigation and the Solid Waste Disposal Act to facili- pain disorders. While this is a par- tate recovery and beneficial use, and Commercial Speech Exceptions. A special ticular issue in my State, this policy motion to dismiss may not be brought provide for the proper management and against a claim that is brought by the Fed- change will have serious implications disposal, of materials generated by the eral government or a State Attorney Gen- across the Nation. combustion of coal and other fossil eral, or that arises out of speech offering or The Centers for Medicare and Med- fuels; to the Committee on Environ- promoting the sale of the speaker’s goods or icaid Services has worked with us over ment and Public Works. services. the past year to delay this policy Mr. HOEVEN. Mr. President, I rise Section 4204. Interlocutory Appeal. Either change and to propose a rule that is side may bring an immediate appeal of the today to introduce legislation on an- now receiving comments. However, other matter, important energy legis- denial or grant of a special motion to dis- CMS officials have continued to dem- miss. lation for our country. I am today in- Section 4205. Special Motion to Quash. A onstrate a lack of understanding about troducing the Hoeven-Conrad-Baucus party may move to quash a request to obtain the potential consequences of changing Coal Ash Recycling and Oversight Act the personally identifying information of a payment policy. We should protect of 2012. person that is made in relation to a legal practices that have been effective in In my home State of North Dakota claim arising out of speech on public issues. treating patients and support those there is a large powerplant just north (E.g., a company seeks discovery from an who supply drugs necessary for the of the State capital in Bismarck. It is ISP of the identity of persons posting unfa- well-being of patients. This bill would vorable comments about the company’s a coal creek power station. Now this goods or services on a blog.) If the motion to explicitly allow compounding phar- power station generates 1,100 quash is properly brought, the nonmovant macies to bill Medicare directly for megawatts of electricity every year. must show that the legal claim is supported their services in the interest of helping There are two 550 megawatt plants. It by a prima facie showing of facts sufficient patients continue to receive the qual- has the latest, greatest technology to sustain a favorable judgment. If the non- ity care they deserve. emission control and clean coal tech- movant fails to meet this burden, the re- nology. They capture the steam that quest for personally identifying information By Mr. REID (for himself and Mr. was formally exhausted from the plant. is quashed. MCCONNELL): They capture that steam and use it to Section 4206. Removal. A state-court claim S. 3510. A bill to prevent harm to the run an ethanol plant. They produce arising out of speech on public issues may be national security or endangering the removed to federal court by a party that in- transportation fuel with steam, a by- tends to file a special motion to dismiss the military officers and civilian employ- product of the electric generation proc- claim. Removal may not be requested on the ees to whom internet publication of ess. basis of a cross claim or third-party claim. certain information applies, and for One of the other things they do, in- (This exception is made to prevent defend- other purposes; considered and passed. stead of land filling the coal ash, fly ants from removing cases in which the com- Mr. REID. Mr. President, I ask unan- ash, or coal residuals, they recycle. So, plaint does not assert claims arising out of imous consent that the text of the bill in essence, they take that coal ash— speech on public issues.) A proceeding to en- be printed in the RECORD. they work with a natural resource force discovery requesting personally identi- There being no objection, the text of fying information may also be removed, but company, Headwaters, based out of removal is limited to the discovery-enforce- the bill was ordered to be printed in Utah, and they turn the coal ash into a ment proceeding. the RECORD as follows: concrete product, FlexCrete. It is used Section 4207. Fees, Costs, and Sanctions. A S. 3510 to make roads, bridges, buildings, and party that prevails on a special motion to Be it enacted by the Senate and House of Rep- also products like shingles. They make dismiss or quash shall be entitled to reason- resentatives of the United States of America in building materials. able attorneys fees and costs. Frivolous mo- Congress assembled, So whereas they used to take about tions to dismiss or quash or remove shall be SECTION 1. EFFECTIVE DATE DELAY. 600,000 tons a year of coal residuals and subject to sanctions. Fees may not be recov- The STOCK Act (Public Law 112–105) is coal ash flash and landfill it, and it ered by the government, or in cases that amended— turn on the resolution of a novel legal ques- costs $6 a ton or so to landfill it, now (1) in section 8(a)(1), by striking ‘‘August tion. they take that 600,000 tons a year of fly 31, 2012’’ and inserting ‘‘September 30, 2012’’; ash and residuals and turn it into By Mr. COCHRAN (for himself and building products. (2) in section 11(a)(1), by striking ‘‘August The difference instead of paying to and Mr. WICKER): 31, 2012’’ and inserting ‘‘September 30, 2012’’. S. 3496. A bill to amend title XVIII of dispose of something and now being SEC. 2. IMPLEMENTATION OF PTR REQUIRE- the Social Security Act to permit di- MENTS UNDER STOCK ACT. paid to recycle something is about a rect payment to pharmacies for certain Effective September 30, 2012, for purposes $16 million a year revenue item for compounded drugs that are prepared by of implementing subsection (l) of section 103 that plant. That means lower cost for the pharmacies for a specific bene- of the Ethics in Government Act of 1978 (as electricity for businesses in States ficiary for use through an implanted added by section 6 of the STOCK Act, Public such as the great State of North Da- infusion pump; to the Committee on Law 112–105) for reporting individuals whose kota and the great State of Minnesota Finance. reports under section 101 of such Act (5 and other States as well. It truly bene- Mr. COCHRAN. Mr. President, on U.S.C. App. 101) are required to be filed with fits our consumers, our families, and the Clerk of the House of Representatives, May 13, 2011, the Centers for Medicare section 102(e) of such Act (5 U.S.C. App. our economy. It benefits small busi- and Medicaid Services issued Change 102(e)) shall apply as if the report under such nesses throughout the upper Midwest. Request 7397 to stop compounding subsection (l) were a report under such sec- So it is truly a great example of Amer- pharmacies that prepare medications tion 101 but only with respect to the trans- ican ingenuity and innovation.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5987 In fact, I have a picture right here. Oversight Act, which is S. 3512, and it ance and recordkeeping needed to pro- This is the North Dakota Heritage Cen- has very strong bipartisan support. It tect the public. ter. Right now there is a $50 million ex- is truly a bipartisan bill, including 12 This legislation is needed to protect pansion being constructed in that Her- Republican sponsors and 12 Democratic jobs and help reduce the cost of homes itage Center which is located on the sponsors. The Republican sponsors in- and roads as well as to help reduce capital grounds in Bismarck. It is a $50 clude myself, Senator MCCONNELL, electric bills. million expansion. They are using Senator PORTMAN, Senator BOOZMAN, I wish to thank both Republicans and building materials made of coal ash for Senator BLUNT, Senator RON JOHNSON, Democrats who have taken a leader- this facility. That is what it is going to Senator MORAN, Senator ALEXANDER, ship role in this effort as original spon- look like after they do this $50 million Senator TOOMEY, Senator GRAHAM, sors of the legislation. I especially wish expansion. Senator THUNE, and Senator HATCH. to express thanks to my fellow Senator Let me give another example. This is The Democratic cosponsors include from North Dakota, Mr. CONRAD, as the National Energy Center of Excel- Senator CONRAD, Senator BAUCUS, Sen- well as Senator BAUCUS of Montana lence at Bismarck State College. It is a ator KOHL, Senator LANDRIEU, Senator and their staffs for the hard work that 2-year college that trains people for the MANCHIN, Senator WARNER, Senator has gone into this legislation. I urge energy industry. It is located right PRYOR, Senator MCCASKILL, Senator our colleagues to join us in this impor- above the Missouri River. This beau- BEN NELSON, Senator BILL NELSON, tant energy legislation. tiful window overlooks the Missouri Senator CASEY, and Senator WEBB. I River. Again this is a building con- wish to thank them for their willing- By Mr. REED: structed with building materials made ness to join together in a bipartisan S. 3513. A bill to promote the develop- of fly ash. We can see how this product way—12 Republicans, 12 Democrats— ment of local strategies to coordinate is being used and how effectively this is coming together to provide the kind of use of assistance under sections 8 and 9 being used. energy legislation that is going to of the United States Housing Act of As a matter of fact, if we look na- truly help move this country forward, 1937 with public and private resources, tionwide, by recycling coal ash we re- empowering not only more energy de- to enable eligible families to achieve duce energy consumption by 162 tril- velopment but better environmental economic independence and self-suffi- lion Btus every year. That is the stewardship. ciency, and for other purposes; to the amount of energy we would use to 1.7 This legislation is similar to H.R. Committee on Banking, Housing, and million homes in a year. It is pretty 2273, which was sponsored by Rep- Urban Affairs. substantial energy savings. Or measure resentative DAVID MCKINLEY of West Mr. REED. Mr. President, today I in- it in terms of water use. By recycling Virginia in the House, and it passed the troduce the Family Self-Sufficiency coal ash, we reduce water usage by 32 House with strong bipartisan support. Act. billion gallons annually. That is about This legislation is very similar. We The Family Self Sufficiency, FSS, one-third of the total amount of water have made some enhancements, but it program is an existing employment that the State of California uses in a is very similar. and savings incentive initiative for year. The bill not only preserves coal ash families that have section 8 vouchers Why do I tell the story? Because recycling by preventing these by-prod- or live in public housing. The FSS pro- right now the EPA is looking at chang- ucts from being treated as hazardous, gram provides two key tools for its ing the regulation of coal ash. They are it also establishes—and this is impor- participants: first, it provides access to looking at changing the regulation of tant because it is also about good envi- the resources and training that help coal ash to doing it under subtitle C of ronmental stewardship—it also estab- participants pursue employment oppor- the Resource Conservation and Recov- lishes comprehensive Federal stand- tunities and meet financial goals, and ery Act. The problem is that is the haz- ards for coal ash disposal. Under this second, it encourages FSS families to ardous waste section. Right now coal legislation, States can set up their own save by establishing an interest-bear- ash is regulated under subtitle D of the permitting program for the manage- ing escrow account for them. Upon Resource Conservation and Recovery ment and the disposal of coal ash. graduation from the FSS program, the Act, which is the nonhazardous waste These programs would be required to family can use these savings to pay for section. The EPA is looking at making be based on existing EPA regulations job-related expenses, such as the pur- that change in spite of the fact that that protect human health and the en- chase or maintenance of a car or for the Department of Energy, the Federal vironment. If a State does not imple- additional workforce training. Highway Administration, State regu- ment an acceptable permitting pro- My legislation seeks to enhance the latory agencies, and the EPA itself gram, then EPA regulates the program FSS program by streamlining the ad- have done studies, and those studies for the State. As a result, States and ministration of this program, by broad- have shown that is not a toxic waste. industry will know where they stand ening the supportive services that can The EPA first proposed this new reg- under the bill, since the benchmarks be provided to a participant, and by ex- ulation in June of 2010. This regulation for what constitutes a successful State tending the FSS program to tenants would truly undermine the industry, program will be set in statute. EPA who live in privately-owned properties drive up costs, and eliminate jobs when can say yes, the State does meet those with project-based assistance. our economy can least afford it. In standards, or no, it does not, but the First, to streamline the FSS pro- fact, according to industry estimates, EPA cannot move the goalposts. gram, my bill would combine the two it would increase electricity costs by This is a States-first approach that separate FSS programs into one. Cur- up to almost $50 billion annually and provides regulatory certainty. Let me rently, HUD operates one FSS program eliminate 300,000 American jobs. repeat that. This is a States-first ap- for those families being served by the Let me elaborate. Meeting the regu- proach that provides regulatory cer- Housing Choice Voucher Program and latory disposal requirements under the tainty, and it is that regulatory cer- another for those families being served EPA’s subtitle C proposal would cost tainty we need to stimulate private in- by the Public Housing program, even between $250 and $450 per ton as op- vestment that will deploy the new though the core purpose of each FSS posed to about $100 per ton under the technologies that will not only produce program, to increase economic inde- current system. That would translate more energy but will produce better pendence and self-sufficiency, is the into $47 billion in terms of burden on environmental stewardship. same for both. As a result, Public electricity generators that use coal What is certain is that under this Housing Agencies, PHAs, have to oper- and, of course, most importantly, their bill, coal ash disposal sites will be reate essentially two programs to customers who would see their bills in- quired to meet established standards. achieve the same goal. With my bill, creased. As I said, overall it would cost Those established standards include PHAs would be relieved of this unnec- about 300,000 American jobs for our groundwater detection and monitoring, essary burden. economy. liners, corrective action when environ- Second, my legislation broadens the That is why I am introducing the mental damage occurs, structural sta- scope of the supportive services that Hoeven-Conrad-Baucus Recycling and bility criteria, and the financial assur- may be offered to include attainment

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5988 CONGRESSIONAL RECORD — SENATE August 2, 2012 of a GED, education in pursuit of a tive incentive for carriers to utilize enforcing regulations and changing old, post-secondary degree or certification, them. counterproductive, destructive habits. and training in financial literacy. Pro- The main goal of this legislation is to Our seafood industry is stronger be- viding families in need with affordable provide another catalyst to expand cause of it. At the same time, our mar- rental housing is critical, but coupling next generation, 4G, Wireless ket is open. In my view, this is the way it with the support and services to help broadband service to rural areas, which every country ought to run its seafood families get ahead is more effective. will mean more reliable service, more industry. Our foreign trading partners, This legislation makes it easier for innovation, and more choice to rural as I mentioned, often support practices FSS participants to obtain the training consumers and businesses. that can cause long-term harm to ma- necessary to secure employment and The increasing importance of wire- rine habitat. In addition, our trading the education to make prudent finan- less communications and broadband partners put up trade barriers that pre- cial decisions to better safeguard their has a direct correlation to our Nation’s vent sustainably caught U.S. seafood earnings. competitiveness, economy, and na- from reaching foreign consumers. Lastly, this bill opens up the FSS tional security. We must reform exist- These are practices that skew the play- program to families who live in pri- ing spectrum policy and management ing field in a competitive marketplace. vately-owned properties subsidized to ensure that all Americans continue They skew the playing field against with project-based rental assistance. It to realize the boundless benefits of American fishers and give foreign com- shouldn’t matter what kind of housing wireless broadband. Congress has taken petitors a huge advantage in an indus- assistance a family gets, and families some steps but more can and must be try that depends on global trade. Forty seeking to achieve self-sufficiency done. That is why I sincerely hope that percent of global fishery products are shouldn’t be held back by this sort of my colleagues join me in supporting traded internationally, and seafood is technicality. this important legislation. more globally sourced than coffee, rice, I urge my colleagues to support this and tea combined. bill, which will help give those receiv- By Mr. WYDEN: These harmful foreign trade barriers ing housing assistance a better chance S. 3518. A bill to make it a principal and practices that encourage over- to build their skills and achieve eco- negotiating objective of the United fishing are top priorities that need to nomic independence. States in trade negotiations to elimi- be addressed. These foreign trade bar- nate government fisheries subsidies, riers harm our country’s ability to cre- By Ms. SNOWE: and for other purposes; to the Com- ate good-paying jobs. Preserving the S. 3516. A bill to encourage spectrum mittee on Finance. wealth of the world’s marine environ- licenses to make unused spectrum Mr. WYDEN. Mr. President, I rise ment is of paramount importance. The available for use by rural and smaller today to introduce the Fair Trade in U.S. seafood industry represents a carriers in order to expand wireless Seafood Act. major portion of our economy, employ- coverage; to the Committee on Com- Right now, our country is proud to be ing over 1.5 million workers in the merce, Science, and Transportation. a world leader in the fishing and sea- commercial sector alone. The commer- Ms. SNOWE. Mr. President, I rise food processing industries. We rank cial seafood industry has a significant today to introduce legislation to help among the world’s top five exporters of presence in over 23 States and is an in- expand wireless broadband to rural seafood, and its largest importer. How- dustry and, in fact, a way of life, a way areas. Specifically, the Rural Spectrum ever, the U.S. seafood industry faces of life that binds communities and Accessibility Act would direct the Fed- many challenges on the global stage stitches together the regions of our eral Communications Commission, from unfair competition. The Congress country. The seafood sector employs FCC, establish a program that would should be doing everything it can to more people than the mining or oil in- provide an incentive, a three year ex- make sure we retain our status as glob- dustries. tension to a spectrum license, to wire- al leader. That is why I am introducing It is also a foundation of our econ- less carriers that make available, the Fair Trade in Seafood Act. This bill omy because, without fish, there are no through partitioning and will establish this issue as a Principal jobs. Preserving the wealth of our disaggregation, unused spectrum to Negotiating Objective of the United oceans and rivers is an economic im- smaller carriers or carriers serving States in the ongoing Trans-Pacific perative as much as a moral one. That rural areas. Partnership and World Trade Organiza- is why I urge my colleagues to cospon- As the FCC National Broadband Plan tion talks. sor the Fair Trade in Seafood Act. In short, this Act will codify an offi- reports ‘‘most areas without mobile Why is this bill important? Accord- cial trade negotiating objective of the broadband coverage are in rural or re- ing to the United Nations Food and Ag- United States with respect to govern- mote areas.’’ This legislation would ricultural Organization, 85 percent of ment fisheries subsidies. More specifi- provide an additional incentive to in- the world’s fisheries are fully ex- cally, the negotiating objective will be crease wireless broadband to these ploited, overexploited, depleted, or re- to eliminate fisheries subsidies pro- areas and make more spectrum avail- covering from depletion—the highest vided by governments that unfairly de- able to smaller and rural wireless car- percentage since the Food and Agricul- stroy markets to the detriment of the riers through secondary market mech- tural Organization began keeping United States commercial fishing in- anisms. records. terests and that perpetuate This bill is loosely based on a wire- Many governments continue to pro- unsustainable fishing practices. The less carrier’s existing program, which vide significant subsidies that push bill aims to ensure that any commit- creates a partnership with rural car- their fleets to fish longer, more inten- ments with respect to such subsidies sively, and farther away than other- riers to build and operate Long Term are enforceable under appropriate Evolution, LTE, wireless networks in wise would be possible. These destruc- trade laws. This negotiating objective rural areas. Through the cooperation tive fisheries subsidies are estimated will apply to any trade agreement that the carrier provides spectrum and core to be at least $16 billion annually, an includes any negotiations relating to network equipment and the rural car- amount equivalent to approximately 20 the elimination or reduction of govern- rier supplies the cell towers and percent of the value of the world catch. ment fisheries subsidies. backhaul. The detrimental effects of these illegal Mr. President, I ask unanimous con- The Rural Spectrum Accessibility subsidies are so significant that elimi- sent that the text of the bill be printed Act is an effort to get other large car- nating them is the single greatest ac- in the RECORD. riers to implement similar initiatives tion that can be taken to protect the There being no objection, the text of to create more opportunities for the world’s oceans. the bill was ordered to be printed in smaller and rural carriers. It should be In contrast to these nefarious actors, the RECORD, as follows: noted the FCC actually already has the U.S. does not just talk about the S. 3518 partitioning and disaggregation rules, importance of sustainable fishing prac- Be it enacted by the Senate and House of Rep- see 47 C.F.R. 22.948, this legislative pro- tices and marine conservation. We are resentatives of the United States of America in posal just provides a simple but attrac- practicing what we preach. That means Congress assembled,

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5989 SECTION 1. SHORT TITLE. and promising, international efforts to stop (1) include any negotiations relating to the This Act may be cited as the ‘‘Fair Trade global overfishing and represent meaningful elimination or reduction of government fish- in Seafood Act’’. efforts to directly address a key environ- eries subsidies; and SEC. 2. FINDINGS. mental issue that directly impacts inter- (2) are entered into— Congress makes the following findings: national trade. (A) on or after such date of enactment; or (1) According to the Food and Agriculture (13) On November 12, 2011, the leaders of (B) before such date of enactment if the ne- Organization of the United Nations, 85 per- the 9 countries in negotiations for the Trans- gotiations continue on or after such date of cent of the world’s fisheries are over- Pacific Partnership Agreement—Australia, enactment. exploited, fully exploited, significantly de- Brunei Darussalam, Chile, Malaysia, New pleted, or recovering from overexploitation, Zealand, Peru, Singapore, Vietnam, and the f the highest percentage ever on record. United States—announced the achievement of the broad outlines of an ambitious, 21st- (2) A primary reason for the global fish- SUBMITTED RESOLUTIONS eries crisis is government subsidies that cre- century agreement. According to a state- ate perverse incentives for continued fishing ment released by those leaders, the agreed in the face of declining catches. outline calls for ‘‘[a] meaningful outcome on (3) Despite the dire conditions of the environment [that] will ensure that the agreement appropriately addresses impor- SENATE RESOLUTION 541—CON- world’s marine resources, some of the coun- tant trade and environment challenges and DEMNING THE GOVERNMENT OF tries that engage in the most fishing con- enhances the mutual supportiveness of trade VIETNAM FOR HUMAN RIGHTS tinue to provide significant subsidies to their and environment. The TPP countries share VIOLATIONS fishing fleets. the view that the environment text should (4) Fisheries subsidies are estimated to be Mr. CORNYN (for himself, Mrs. include effective provisions on trade-related approximately 20 percent of the value of the issues that would help to reinforce environ- BOXER, Mr. BOOZMAN, and Mr. DURBIN) world catch and have helped create a global mental protection and are discussing an ef- submitted the following resolution; fishing fleet that is up to 250 percent larger fective institutional arrangement to oversee which was referred to the Committee than that needed to fish sustainably. implementation and a specific cooperation on Foreign Relations: (5) Many long-range foreign fleets are sup- framework for addressing capacity building S. RES. 541 ported by government subsidies for fuel, needs.’’. Various proposals, including a pro- other operational expenses, and vessel con- posal by the United States, to bring dis- Whereas Vietnam is an authoritarian state struction that allow their fleets to fish ciplines to government-subsidized fishing are ruled by the Communist Party of Vietnam, longer, at greater distances, and more inten- under active discussion as part of the nego- which continues to deny the right of the peo- sively than is commercially or environ- tiations on the environment chapter of the ple of Vietnam to participate in free and fair mentally warranted. Those fleets would not Trans-Pacific Partnership Agreement. elections; be viable without the support of government (14) The United States continues to make Whereas, according to the 2012 annual re- subsidies. achievement of an agreement on disciplines port of the United States Commission on (6) Many developing countries are particu- on government fisheries subsidies a priority International Religious Freedom, ‘‘Viet- larly affected by fisheries subsidies provided in negotiations in the World Trade Organiza- nam’s overall human rights record remains by other governments because the devel- tion and for the Trans-Pacific Partnership poor, and has deteriorated since Vietnam oping countries are unable to compete Agreement. On December 16, 2011, at the was removed from the CPC [countries of par- against subsidized industrial fleets. Eighth Ministerial Conference of the World ticular concern] list and joined the World (7) Fisheries subsidies offered by the gov- Trade Organization in Geneva, the United Trade Organization in 2007.’’; ernments of other countries give the fleets of States Trade Representative issued a state- Whereas, according to the Department of those countries an unfair advantage over ment urging ‘‘continued work toward an am- State’s most recent Country Reports on United States fishermen by reducing the bitious outcome on fisheries subsidies under Human Rights Practices, published on May costs of operations and increasing the num- the WTO’’. Noting the acute impact of de- 24, 2012 (in this resolution, the ‘‘DOS Human ber, size, and power of vessels competing for clining catches on developing countries, the Rights Report’’), the most significant human fish. Foreign fisheries subsidies also under- Trade Representative further stated, ‘‘We rights issues in Vietnam ‘‘were severe gov- mine opportunities for United States fisher- stand ready to explore new negotiating ap- ernment restrictions on citizens’ political men in potential export markets. proaches that can move us towards the rights, particularly their right to change (8) Without committed global leadership to elimination of harmful subsidies that con- their government; increased measures to reduce ‘‘overfishing subsidies’’, there is a sig- tribute to overcapacity and overfishing. . . . limit citizens’ civil liberties; and corruption nificant risk that the oceans will become too WTO Members have a duty to address one of in the judicial system and police’’; depleted to fish, resulting in a catastrophic the root causes of overfishing and over- Whereas, according to the DOS Human blow to the world economy and environment. capacity—the fisheries subsidies that en- Rights Report, the Government of Vietnam (9) As one of the world’s largest importers courage fishing enterprises to fish longer, ‘‘reportedly held more than 100 political de- of seafood and one of the top five exporters harder, and farther than would otherwise be tainees at year’s end, although some inter- of seafood, the United States has a par- sustainable without subsidy aid. . . . The national observers claimed there were ticular responsibility to lead trade negotia- United States is ready to continue this work more. . . Diplomatic sources reported the ex- tions to address fisheries subsidies and make in the WTO and in other appropriate fora— istence of four reeducation centers in the the establishment of strong new rules on including free trade agreements such as the country holding approximately 4,000 pris- fisheries subsidies a core priority in United Trans-Pacific Partnership and other bilat- oners’’; States trade negotiations. eral, regional and multilateral initiatives.’’. Whereas, according to the DOS Human (10) Paragraphs 28 and 31 of the Ministerial (15) A strong fisheries subsidies agreement Rights Report, Vietnam’s Ministry of Public Declaration of the World Trade Organization by the World Trade Organization and in the Security ‘‘maintains a system of household adopted at Doha November 14, 2001, which Trans-Pacific Partnership Agreement would registration and block wardens to monitor launched the Doha Development Agenda, set an historic precedent by showing that the population,’’ while ‘‘credible reports sug- called for negotiations to clarify and im- international trade can directly benefit the gested that local police used ‘contract thugs’ prove disciplines on trade-distorting govern- environment while promoting exports and and ‘citizen brigades’ to harass and beat po- ment fisheries subsidies. open markets. litical activists and others, including reli- (11) Paragraphs 9 through 11 of Annex D of gious worshippers, perceived as undesirable SEC. 3. TRADE NEGOTIATING OBJECTIVES OF the Ministerial Declaration of the World THE UNITED STATES WITH RESPECT or a threat to public security’’; Trade Organization adopted at Hong Kong TO GOVERNMENT FISHERIES SUB- Whereas, on April 8, 2006, the pro-democ- December 18, 2005, reinforced the Doha fish- SIDIES. racy movement Bloc 8406 was founded in eries subsidies mandate, noting that ‘‘there It shall be a principal negotiating objec- Vietnam, and it has since attracted thou- is broad agreement that the Group should tive of the United States in negotiations for sands of supporters calling for respect for strengthen disciplines on subsidies in the a trade agreement— basic human rights, the establishment of a fisheries sector, including through the prohi- (1) to eliminate fisheries subsidies provided multiparty political system, and guarantees bition of certain forms of fisheries subsidies by governments that unfairly distort mar- of freedom of religion and political associa- that contribute to overcapacity and over- kets to the detriment of United States com- tion; fishing’’ and calling on ‘‘Participants mercial fishing interests and that perpetuate Whereas, according to the DOS Human promptly to undertake further detailed work unsustainable fishing practices; and Rights Report, the Government of Vietnam to, inter alia, establish the nature and extent (2) to ensure that any commitments with ‘‘continued to restrict public debate and crit- of those disciplines, including transparency respect to such subsidies are enforceable icism severely. No public challenge to the le- and enforceability’’. under appropriate trade laws. gitimacy of the one-party state was per- (12) The negotiations on fisheries subsidies SEC. 4. EFFECTIVE DATE. mitted,’’ and ‘‘the government continued to in the World Trade Organization and nego- This Act takes effect on the date of the en- crack down on the small, opposition political tiations for the Trans-Pacific Partnership actment of this Act and applies with respect groups established in 2006, and group mem- Agreement are two of the most important, to negotiations for a trade agreement that— bers faced arrests and arbitrary detentions’’;

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5990 CONGRESSIONAL RECORD — SENATE August 2, 2012 Whereas, according to the DOS Human tants Nguyen Van Dai and Le Thi Cong (C) implement all necessary legal and po- Rights Report, ‘‘[t]here continued to be cred- Nhan, and Mennonite Leader Nguyen Thi litical reforms to protect these rights. ible reports that authorities pressured de- Hong; f fense lawyers not to take as clients any reli- Whereas Reporters Without Borders’ 2011- gious or democracy activists facing trial. 2012 Press Freedom Index ranks Vietnam last SENATE RESOLUTION 542—EX- Human rights lawyers were restricted, har- in Southeast Asia with regard to freedom of PRESSING THE SENSE OF THE assed, arrested, disbarred, and in some cases the press, and 172 out of 179 countries over- SENATE THAT THE UNITED detained for representing political activ- all; STATES GOVERNMENT SHOULD ists,’’ while ‘‘given their previous convic- Whereas, in September 2007, Vietnamese CONTINUE TO SUPPORT DEMOC- tions, lawyers Le Tran Luat, Le Thi Cong bloggers established the Club of Free Jour- RACY AND HUMAN RIGHTS IN Nhan, and Le Quoc Quan were not permitted nalists to promote freedom of expression and to practice law’’; independent journalism and were quickly TAIWAN FOLLOWING THE JANU- Whereas, on April 4, 2011, the Hanoi Peo- faced with harassment, intimidation, and de- ARY 2012 PRESIDENTIAL AND ple’s Court sentenced attorney Cu Huy Ha tention by authorities in Vietnam, beginning LEGISLATIVE ELECTIONS IN TAI- Vu to seven years in prison for defending vic- with the arrest of Nguyen Van Hai in April WAN tims of land confiscation and abuse of power, 2008; Ms. MURKOWSKI (for herself and including the Catholic villagers of Con Dau Whereas, on October 30, 2010, while in who refused to sell or vacate land, including Hanoi, Vietnam, Secretary of State Hillary Mr. BEGICH) submitted the following a 135-year-old religious burial site, and in Clinton said, ‘‘[T]he United States remains resolution; which was referred to the August and November 2011, Vu’s appeals were concerned about the arrest and conviction of Committee on Foreign Relations: unsuccessful; people for peaceful dissent, the attacks on S. RES. 542 Whereas, although the constitution of religious groups, the curbs on Internet free- Whereas, for many years, Taiwan has been Vietnam provides for freedom of religion, Vi- dom, including of bloggers. Vietnam has so etnamese law requires official recognition or a strong and cooperative partner of the much potential, and we believe that political United States; registration for religious groups, which has reform and respect for human rights are an been used to monitor and restrict the oper- Whereas the 1979 Taiwan Relations Act (22 essential part of realizing that potential.’’; U.S.C. 3301 et seq.), the cornerstone of United ations of religious organizations; Whereas, on November 10, 2011, Secretary Whereas the 2012 Annual Report of the States-Taiwan relations, declares that ‘‘the of State Clinton stated, ‘‘We support not preservation and enhancement of the human United States Commission on International only open economies but open societies . . . Religious Freedom (USCIRF) lists Vietnam rights of all the people of Taiwan are hereby we have made it clear to Vietnam that if we reaffirmed as objectives of the United as one of the ‘‘world’s worst religious free- are to develop a strategic partnership, as dom violators,’’ recommending that the Sec- States’’; both nations desire, Vietnam must do more Whereas, since the lifting of martial law in retary of State name Vietnam a ‘‘country of to respect and protect its citizens’ rights’’; particular concern’’ with respect to religious 1987, the people of Taiwan have amply dem- and onstrated their desire for democratic govern- freedom, noting that ‘‘the Government of Whereas, on February 2, 2012, Assistant Vietnam continues to control all religious ance, as well as their commitment to human Secretary of State Kurt M. Campbell stated communities, restrict and penalize inde- rights, civil liberties, and the rule of law; that ‘‘for the United States and Vietnam to pendent religious practice severely, and re- Whereas, since their first democratic presi- go to the next level it will require some sig- press individuals and groups viewed as chal- dential election in 1996, the people of Taiwan nificant steps on the part of Vietnam to ad- lenging its authority’’ and that ‘‘individuals have conducted four more presidential elec- dress . . . human rights concerns . . . but continue to be imprisoned or detained for tions, as well as successive elections for also more systematic challenges associated reasons relating to their religious activity or members of their national legislature, nu- with freedom of expression, freedom of orga- religious freedom advocacy’’ while ‘‘inde- merous local elections, and two national ref- nization,’’ explaining that ‘‘progress in these pendent religious activity remains illegal’’; erendums; areas will be essential to have the appro- Whereas, according to the USCIRF report, Whereas Taiwan conducted its latest presi- between April 2011 and February 2012, ‘‘as priate level of support in the United States dential and legislative elections on January many as 27 individuals were arrested or dis- that will sustain a deeper engagement be- 14, 2012; appeared in Vietnam for their religious af- tween our two countries’’: Now, therefore, be Whereas, on January 14, 2012, Mr. Ma Ying- filiations, religious activities, or peaceful it jeou, the incumbent and the nominee of the protest of religious freedom restrictions, Resolved, That the Senate— Chinese Nationalist Party (KMT), was re- among them Hoa Hao Buddhists, Catholics, (1) reaffirms the commitment of the elected as the President of Taiwan with 51.6 Protestants, and Falun Gong practitioners’’; United States to democracy, human rights, percent of the vote, while in the 113-member Whereas hundreds of Montagnard Protes- civil liberties, and rule of law, including the legislature the KMT won 64 seats, the Demo- tants arrested after 2001 and 2004 demonstra- universal rights of freedom of assembly, free- cratic Progressive Party (DPP) won 40 seats, tions for religious freedom and land rights dom of speech, freedom of religion, and free- and the People’s First Party (PFP), the Tai- remain in detention in Vietnam’s Central dom of association; wan Solidarity Union (TSU), and other non- Highlands, while, according to Human (2) strongly condemns the ongoing and partisan independent candidates each won 3 Rights Watch, in 2010, as many as 70 addi- egregious human rights violations com- seats; tional people were detained in the Central mitted by the Government of Vietnam Whereas an international election observa- Highlands for conducting ‘‘illegal’’ religious against the Vietnamese people; tion mission made up of 19 observers from 8 services; (3) urges the President, Secretary of State, countries, invited by the International Com- Whereas the Unified Buddhist Church of and all other appropriate United States Gov- mittee for Fair Elections in Taiwan (ICFET), Vietnam is the country’s largest religious ernment officials to ensure that relations be- observed the January 14, 2012, elections in organization, yet according to the USCIRF, tween the United States and Vietnam con- Taiwan; it ‘‘has faced decades of harassment and re- tinue to include robust discussion on the Whereas the final report of the mission, pression for seeking independent status and troubling human rights record of the Gov- made up of observers from Australia, Can- for appealing to the government to respect ernment of Vietnam; ada, Denmark, France, Japan, Sweden, the religious freedom and related human rights’’; (4) encourages the Secretary of State to Netherlands, and the United States, was re- Whereas, in July 2011, Father Nguyen Van place Vietnam on the list of ‘‘Countries of cently presented in Taiwan; Ly, who has been imprisoned numerous Particular Concern’’ with regard to religious Whereas the final report of the mission in- times for his religious freedom and human freedom pursuant to section 402(b) of the cluded— rights advocacy, but had been granted med- International Religious Freedom Act of 1998 (1) a finding that the elections were mostly ical parole in March 2010 after suffering sev- (22 U.S.C. 6442(b)) in order to highlight free but only partly fair; eral strokes in prison that left him partially abuses of religious freedom in Vietnam and (2) a finding that the date selected for the paralyzed, was returned to prison to serve encourage improvement in the respect for election made it more convenient for Taiwan the remainder of his eight-year sentence; human rights in Vietnam; and businessmen in China to return for the vote, Whereas on January 6, 2011, Christian (5) urges the President, Secretary of State, but made it more difficult for students to re- Marchant, a United States diplomat at the and other world leaders to publicly support turn to their home towns to vote, and a rec- United States Embassy in Hanoi, was beaten the human rights of the people of Vietnam ommendation that the household registra- by Vietnamese police when he went to visit and to call on the President of Vietnam to— tion system should be changed to allow peo- Father Ly, who was then under house arrest; (A) release all political and religious pris- ple to vote where they actually work or Whereas, according to the USCIRF report, oners, including all those imprisoned or de- study in Taiwan, ending the need to travel over a dozen religious leaders are being held tained on account of their advocacy for de- long distances to vote; under long-term house arrest orders, includ- mocracy, religious freedom, and other (3) a finding that vote buying and vote bet- ing Unified Buddhist Church of Vietnam human rights; ting remains an issue of concern, and rec- (UBCV) leader Thich Quang Do and other (B) revise or repeal ordinances and decrees ommendations that stiffer penalties be put UBCV leaders, Catholic Father Phan Van that limit freedom of expression, assembly, in place for candidates who buy votes, such Loi, Hoa Hao leader Le Quang Liem, Protes- association, or religion; and as disqualification from running in future

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5991 elections, and that the political parties do Observation Mission (IEOM) report, as they Whereas, since 1988, the United States, more to prevent individual candidates from seek to strengthen their democratic prac- which has a treaty relationship under the engaging in vote buying; tices and human rights protections; Convention on the Civil Aspects of Inter- (4) a finding that major violations of prin- (4) urges the President and Government of national Child Abduction, done at The Hague ciples of administrative neutrality during the United States to continue to support de- October 25, 1980 (TIAS 11670) (referred to in the elections by government officials oc- mocracy and human rights in Taiwan; this preamble as the ‘‘Hague Abduction Con- curred, and a recommendation that civil (5) encourages all outside parties to remain vention’’) with 69 other countries, has agreed service and non-elected offices need to be neutral in Taiwan’s elections; and with its treaty partners to follow the terms further de-politicized; (6) affirms that the future of Taiwan of the Hague Abduction Convention; (5) a finding that verified data does not should be resolved peacefully, in accordance exist on campaign financial resources and Whereas the Hague Abduction Convention with democratic principles, and with the as- provides a legal framework for securing the expenditures and it seemed likely that cam- sent of the people of Taiwan. paign spending exceeded campaign finance prompt return of wrongfully removed or re- limits, and recommendations that enforce- Ms. MURKOWSKI. Mr. President, I tained children to the countries of their ha- ment and public promotion of campaign rise to submit a resolution relating to bitual residence where competent courts can spending laws be strengthened and loopholes the January 2012, presidential and leg- make decisions on issues of custody and the closed and that the longstanding issue of islative elections held in Taiwan. On best interests of the children; KMT party assets, including their source, January 14, 2012, Mr. Ma Ying-jeou, the Whereas, according to the United States use, and investments be resolved; nominee of the Chinese Nationalist Department of State, the number of new (6) a finding that the Government of the cases of international child abduction from People’s Republic of China attempted to in- Party, KMT, was re-elected as Presi- dent of Taiwan with 51.6 percent of the the United States increased from 579 in 2006 fluence the elections by sending agricultural to 941 in 2011; purchasing missions to southern Taiwan as a vote. The KMT also won 64 seats of the Whereas, in 2011, those 941 cases involved sign of support for the sitting President, re- 113-member Legislative Yuan, while 1,367 children who were reported abducted ducing the number of tourist groups allowed the Democratic Progressive Party, from the United States by a parent and to travel to Taiwan to signal the ability to DPP, won 40 seats. taken to a foreign country; reduce tourism if the ‘‘wrong candidate’’ Former United States Senator Frank Whereas, in 2011, more than 660 children won, and by discounting flights from China Murkowski participated in an inter- who were abducted from the United States to Taiwan to make it easier for Taiwanese and taken to a foreign country were returned businessmen living in China to return to Tai- national election observation mission to the United States; wan to vote; made up of 19 observers from 8 coun- (7) a finding that actions and statements tries. Recently, the mission submitted Whereas 7 of the top 10 countries to which by the United States Government and its of- its final report on the elections, con- children from the United States were most ficials might have influenced the elections, cluding that they were mostly free but frequently abducted in 2011 are parties to the Hague Abduction Convention, including noting that in the three months preceding only partly fair. Mexico, Canada, the United Kingdom, Ger- the election, there were more visits by high- The resolution I am submitting takes level United States officials to Taipei than many, Ecuador, Brazil, and Colombia; during any calendar year in recent history; note of the mission’s final report, and Whereas Japan, India, and Egypt are not less than one month before the elections, the urges the people and government of parties to the Hague Abduction Convention Department of State announced Taiwan’s Taiwan to take the report’s findings and were also among the top 10 countries to candidacy for participation in the visa waiv- and recommendations into consider- which children in the United States were er program; and a senior United States offi- ation as they continue their commit- most frequently abducted in 2011; cial stated anonymously through the Finan- ment to the values of democracy, the Whereas, in many countries, such as Japan cial Times that the DPP’s presidential can- rule of law, and human rights. and India, international parental child ab- didate Tsai ‘‘left us with distinct doubts duction is not considered a crime, and cus- about whether she is both willing and able to f tody rulings made by courts in the United continue the stability in cross-Strait rela- SENATE RESOLUTION 543—TO EX- States are not typically recognized by courts tions the region has enjoyed in recent in those countries; and years’’; and PRESS THE SENSE OF THE SEN- ATE ON INTERNATIONAL PAREN- Whereas Japan is the only member of the (8) a finding that media outlets gave pref- Group of 7 major industrialized countries erential treatment to a particular party or TAL CHILD ABDUCTION that has not ratified the Hague Abduction candidate based on the outlet’s political af- Mrs. BOXER (for herself, Mr. LAU- Convention: Now, therefore, be it filiation; TENBERG, Mr. KERRY, Mr. LUGAR, Mr. Whereas Taiwan’s native-grown demo- Resolved, That— cratic experience serves as a model for coun- INHOFE, Mr. CARDIN, Ms. MIKULSKI, (1) the Senate— tries in the region and around the world as- Mrs. FEINSTEIN, Mrs. GILLIBRAND, Ms. (A) condemns the unlawful international piring to establish democratic rule; LANDRIEU, Mr. MERKLEY, Mrs. MURRAY, abduction of all children; Whereas Taiwan’s free and open society Mr. RUBIO, Mr. LEAHY, and Mr. KIRK) (B) urges countries identified by the plays a stabilizing role in the Asia Pacific re- submitted the following resolution; United States Department of State as non- gion and is thus conducive to the interests of which was referred to the Committee compliant or demonstrating patterns of non- states of the region, including the United on Foreign Relations: compliance with the Convention on the Civil States, in furthering peace, prosperity and Aspects of International Child Abduction, S. RES. 543 stability; and done at The Hague October 25, 1980 (TIAS Whereas the United States remains com- Whereas international parental child ab- 11670) (referred to in this resolution as the mitted to the continued strengthening and duction is a tragic and common occurrence; ‘‘Hague Abduction Convention’’) to fulfill Whereas the abduction of a child by one development of democratic institutions in their commitment under international law parent is a heartbreaking loss for the left-be- Taiwan, and to ensuring the ability of the to expeditiously implement the provisions of hind parent and deprives the child of a rela- people of Taiwan to determine their own fu- the Hague Abduction Convention; ture free from outside interference or coer- tionship with 2 loving parents; (C) calls on all countries to accede to or cion: Now, therefore, be it Whereas, according to the Report on Com- Resolved, That the Senate— pliance with the Hague Convention on the ratify the Hague Abduction Convention and (1) applauds the progress made by the peo- Civil Aspects of International Child Abduc- to promptly institute measures to equitably ple of Taiwan toward the consolidation of de- tion of the United States Department of and transparently address cases of inter- mocracy over the past two decades, and com- State from April 2010, research shows that national parental child abduction; and mends their enduring commitment to the abducted children are at risk of significant (D) calls on all countries that have not ac- values of democracy, rule of law, and the short- and long-term problems, including ceded to or ratified the Hague Abduction protection of human rights; ‘‘anxiety, eating problems, nightmares, Convention to develop a mechanism for the (2) encourages the people and the Govern- mood swings, sleep disturbances, [and] ag- resolution of current and future cases of ment of Taiwan to take steps to continue to gressive behavior’’; international parental child abduction that strengthen the protection of democratic val- Whereas, according to that report, left-be- occur before those countries accede to or rat- ues and human rights in their country, in- hind parents may also experience substantial ify the Hague Abduction Convention in order cluding freedom of speech, freedom of assem- psychological and emotional issues, includ- to facilitate the prompt return of children bly, and freedom of the press; ing feelings of ‘‘betrayal, sadness over the abducted to those countries to the children’s (3) encourages the people and the Govern- loss of their children or the end of their mar- countries of habitual residence; and ment of Taiwan to take into consideration riage, anger toward the other parent, anx- (2) it is the sense of the Senate that the the conclusions and recommendations of iety, sleeplessness, and severe depression’’, United States should— international election monitoring missions, as well as financial strain while fighting for (A) aggressively pursue the return of each including the final International Election the return of a child; child abducted by a parent from the United

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5992 CONGRESSIONAL RECORD — SENATE August 2, 2012 States to another country through all appro- Resolved, That the Senate— Whereas Air Force Weather has continued priate means, consistent with the Hague Ab- (1) congratulates the Navy Dental Corps on to produce timely, accurate, and continuous duction Convention, and through extra- its 100th anniversary; weather information to locate targets in any dition, when appropriate, and facilitate ac- (2) commends the Navy Dental Corps for battle around the world or in space: Now, cess by the left-behind parent if the child is working to sustain the dental readiness and therefore, be it not returned; the oral health of a superb fighting force; Resolved, That the Senate— (B) take all appropriate measures to ensure and (1) recognizes the 75th anniversary of Air that a child abducted to a country that is a (3) recognizes the thousands of dentists Force Weather and its prominent role in na- party to the Hague Abduction Convention is who have served in the Navy Dental Corps tional security; returned to the country of habitual residence over the last 100 years, providing dental care (2) remembers the immeasurable contribu- of the child in compliance with the provi- to millions of members of the Armed Forces tions of Air Force Weather in protecting the sions of the Hague Abduction Convention; and their families. lives of members of the Armed Forces and (C) continue to use diplomacy to encourage f citizens of the United States through timely other countries to accede to or ratify the and accurate reporting and forecasting; and Hague Abduction Convention and to take the SENATE RESOLUTION 545—COM- (3) honors the 1,200 personnel who cur- necessary steps to effectively fulfill their re- MEMORATING THE 75TH ANNI- rently serve within Air Force Weather and sponsibilities under the Hague Abduction VERSARY OF AIR FORCE WEATH- those who have carried on its tradition of ex- Convention; ER cellence through their continued service at (D) use diplomacy to encourage countries Offutt Air Force Base in Nebraska. that have not acceded to or ratified the Mr. JOHANNS (for himself and Mr. f Hague Abduction Convention to develop an NELSON of Nebraska) submitted the fol- institutionalized mechanism to trans- lowing resolution; which was consid- SENATE RESOLUTION 546—DESIG- parently and expeditiously resolve current ered and agreed to: NATING THE WEEK OF SEP- and future cases of international child ab- S. RES. 545 TEMBER 10, 2012, AS ‘‘NATIONAL duction that occur before those countries ac- Whereas the United States Army Air Corps ADULT EDUCATION AND FAMILY cede to or ratify the Hague Abduction Con- assumed responsibility for military weather LITERACY WEEK’’ vention; and services on July 1, 1937, beginning a legacy of (E) review the advisory services made superior service to Army and Air Force com- Mrs. MURRAY (for herself, Mr. ALEX- available to United States citizens by the manders for the next 75 years; ANDER, Mr. SANDERS, Mr. WEBB, Mr. United States Department of State, the Whereas the United States Army Air WHITEHOUSE, Mr. CARDIN, Mr. JOHNSON United States Department of Justice, and Forces activated the Weather Wing on April of South Dakota, Ms. MURKOWSKI, and other United States Government agencies— 14, 1943, in time to provide General Dwight D. Mr. ENZI) submitted the following reso- (i) to improve the prevention of inter- Eisenhower with reports and forecasts vital national parental child abduction from the lution; which was considered and to the success of Operation Overlord, the re- agreed to: United States; and entry of the Allies into Europe against re- (ii) to ensure that effective and timely assistance from German occupation forces, and S. RES. 546 sistance is provided to United States citizens subsequent operations in Europe and the Pa- Whereas the National Assessment of Adult who are parents of children abducted from cific; Literacy reports that 90,000,000 adults lack the United States and taken to foreign coun- Whereas 68 personnel from the Weather the literacy, numeracy, or English-language tries. Wing lost their lives in World War II; skills necessary to succeed at home, in the f Whereas the Weather Wing was redesig- workplace, and in society; SENATE RESOLUTION 544—CON- nated as the Army Air Forces Weather Serv- Whereas the literacy of the people of the ice in 1945, and the Air Weather Service in United States is essential for the economic GRATULATING THE NAVY DEN- 1946; and societal well-being of the United States; TAL CORPS ON ITS 100TH ANNI- Whereas, in July of 1947, the Air Weather Whereas the United States reaps the eco- VERSARY Service became a part of the newly formed nomic benefits of individuals who improve Mr. MANCHIN (for himself and Mr. United States Air Force with a mission to their literacy, numeracy, and English-lan- COBURN) submitted the following reso- support both the Army and Air Force; guage skills; lution; which was considered and Whereas, in 1948, the Air Weather Service Whereas literacy and educational skills are issued its first tornado warning; necessary for individuals to fully benefit agreed to: Whereas the Air Weather Service provided from the range of opportunities available in S. RES. 544 critical reports and forecasts to com- the United States; Whereas on August 22, 1912, Congress manders, planners, and aircrews in support Whereas the United States’ economy and passed an Act recognizing Navy dentistry as of the Berlin Airlift, enabling the successful position in the world marketplace depend on a distinct branch among naval medical pro- efforts to stare down Premier of the Soviet having a literate, skilled population; fessions; Union Joseph Stalin in the first major con- Whereas the unemployment rate in the Whereas in the last century, the Navy Den- frontation of the Cold War; United States is highest among those with- tal Corps has supported the Navy by sus- Whereas the Air Weather Service has par- out a high school diploma or an equivalent taining Sailor and Marine readiness and pro- ticipated in every military operation from credential, demonstrating that education is viding routine and emergency dental care, operations in Vietnam to Iraq and Afghani- important to economic recovery; ashore and afloat, in peace and in war; stan; Whereas the educational skills of a child’s Whereas the Navy Dental Corps works con- Whereas the Air Weather Service was reor- parents and the practice of reading to a child tinuously to improve the health of Sailors, ganized into a field operating agency on have a direct impact on the educational suc- Marines, and their families by supporting in- April 1, 1991, reporting directly to the Air cess of the child; dividual and community prevention initia- Staff; Whereas parental involvement in a child’s tives, good oral hygiene practices, and treat- Whereas, on October 15, 1997, the Air education is a key predictor of a child’s suc- ment; Weather Service was redesignated as the Air cess, and the level of parental involvement Whereas the Navy Dental Corps endeavors Force Weather Agency and subsequently in a child’s education increases as the edu- to improve oral health worldwide by partici- headquartered at Offutt Air Force Base, Ne- cational level of the parent increases; pating in the spectrum of military combat, braska; Whereas parents who participate in family peacekeeping, and humanitarian operations Whereas, in June 2008, construction was literacy programs become more involved in and exercises; completed on a new 188,000-square-foot head- their children’s education and gain the tools Whereas the Navy Dental Corps, in collabo- quarters building for the Air Force Weather necessary to obtain a job or find better em- ration with national and international den- Agency at Offutt Air Force Base; ployment; tal organizations, promotes dental profes- Whereas the civilian community sur- Whereas, as a result of family literacy pro- sionalism and quality of care; rounding Offutt Air Force Base fully recog- grams, the lives of children become more Whereas the Navy Dental Corps supports nizes the tremendous dedication and con- stable, and their success in the classroom the mission of the Federal dental research tributions of the personnel stationed at and in future endeavors becomes more like- program and endorses improved dental tech- Offutt Air Force Base to the global fighting ly; nologies and therapies through research and force, and likewise, base personnel express Whereas adults need to be part of a long- adherence to sound scientific principles; and constant praise and appreciation to the civil- term solution to the educational challenges Whereas the Navy Dental Corps recognizes ian community for its outstanding support; of the United States; the importance of continuing professional Whereas, in close cooperation with the Na- Whereas many older people in the United dental education, requiring and supporting tional Weather Service, Air Force Weather States lack the reading, math, or English specialty dental education and postgraduate has supported a wide variety of missions skills necessary to read a prescription and residencies and fellowships for its members: from its base in Nebraska, including space follow medical instructions, which endangers Now, therefore, be it launches and solar observation; and their lives and the lives of their loved ones;

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5993 Whereas many individuals who are unem- 1986, following the space shuttle Challenger Each year, more than $400 billion ployed, underemployed, or receive public as- accident; Federal dollars are distributed to local sistance lack the literacy skills necessary to Whereas Dr. Ride served as a member of communities based on the data from obtain and keep a job to provide for their the Presidential Commission investigating families, to continue their education, or to the space shuttle Challenger accident and, the American Community Survey. This participate in job training programs; upon completing that investigation, was as- survey is the largest data set of its Whereas many high school dropouts do not signed to NASA Headquarters as a Special kind, and helps strategically target have the literacy skills necessary to com- Assistant to the Administrator for long- federal funding for a broad range of plete their education, transition to postsec- range and strategic planning; programs for health care, transpor- Whereas, in 1989, Dr. Ride joined the fac- ondary education or career and technical tation and education. The American training, or obtain a job; ulty at the University of California, San Whereas a large portion of individuals in Diego, as a Professor of Physics and Director Community Survey has improves data prison have low educational skills, and pris- of the California Space Institute, a research for the Child Health Insurance Pro- oners without educational skills are more unit at the University of California; gram, CHIP, that means so much to likely to return to prison once released; Whereas, following her passion of moti- vulnerable children. Another specific vating girls and young women to pursue ca- Whereas many immigrants in the United and compelling example is how law en- States do not have the literacy skills nec- reers in science, math, and technology, Dr. essary to succeed in the United States; and Ride founded her own company, known as forcement uses the data to predict Whereas National Adult Education and Sally Ride Science, in 2001, to create enter- criminal activities like methamphet- Family Literacy Week highlights the need to taining science programs and publications amine production. Local communities ensure each and every citizen has the lit- for upper elementary and middle school stu- use the survey to choose locations for eracy skills necessary to succeed at home, at dents, as well as their parents and teachers; new schools, hospitals, and fire sta- Whereas, as a long-time advocate for im- work, and in society: Now, therefore, be it tions. Resolved, That the Senate— proved science education, Dr. Ride initiated (1) designates the week of September 10, and directed education projects designed to The survey is also important to 2012 as ‘‘National Adult Education and Fam- fuel the fascination of middle school stu- American business. The U.S. Chamber ily Literacy Week’’ to raise public awareness dents with science and wrote 5 science books for children, entitled: To Space and Back, of Commerce, the National Retail Fed- about the importance of adult education, eration, and the National Association workforce skills, and family literacy; The Mystery of Mars, Voyager: An Adven- (2) encourages people across the United ture to the Edge of the Solar System, Ex- of Home Builders support investments States to support programs to assist those in ploring Our Solar System, and the Third in this survey. It is the only source of need of adult education, workforce skills, Planet: Exploring the Earth from Space; small area estimates on social and de- and family literacy programs; Whereas Dr. Ride served as a member of mographic characteristics. Manufac- the President’s Counsel of Advisors on (3) recognizes the importance of adult edu- turers and service sector firms use the cation, workforce skills, and family literacy Science and Technology, the Space Studies Board, and the Pacific Council on Inter- survey to identify the income, edu- programs; and cation, and occupational skills of local (4) calls upon public, private, and nonprofit national Policy; entities to support increased access to adult Whereas Dr. Ride was a fellow of the Amer- labor markets they serve. Retail busi- education and family literacy programs to ican Physical Society and also served on the nesses use the survey to understand the ensure a literate society. boards of the Office of Technology Assess- characteristics of the neighborhoods in ment, the Carnegie Institution of Wash- f ington, the National Collegiate Athletic As- which they locate their stores. Home- builders and realtors understand the SENATE RESOLUTION 547—HON- sociation Foundation, the Aerospace Cor- ORING THE LIFE OF PIONEERING poration, and the California Institute of housing characteristics and the mar- Technology; ASTRONAUT DR. SALLY RIDE kets in their communities, thanks to Whereas Dr. Ride was the only person to the American Community Survey. AND EXPRESSING THE CONDO- have served on commissions investigating LENCES OF THE SENATE ON HER both the space shuttle Challenger and Co- Such a survey of American house- DEATH lumbia accidents; and holds has existed in some form since Whereas Dr. Ride has received numerous Mrs. BOXER (for herself, Mrs. FEIN- 1850, either as a longer version of or honors and awards, including induction into STEIN, Ms. SNOWE, Ms. MIKULSKI, Mr. richer supplement to the basic decen- the National Women’s Hall of Fame and the nial census. The newer American Com- ROCKEFELLER, Mr. NELSON of Florida, Astronaut Hall of Fame, the Jefferson Award Mrs. HUTCHISON, Mr. BOOZMAN, and Mr. for Public Service, the Wernher von Braun munity Survey provides more timely COONS) submitted the following resolu- Memorial Award of the National Space Soci- data. The Census Bureau estimates the tion; which was considered and agreed ety, the Lindbergh Eagle Award, the Theo- ACS is sent to 2.5 percent of homes to: dore Roosevelt Award of the National Colle- each year, requiring an average of 38 giate Athletic Association, and 2 NASA S. RES. 547 minutes per household to review in- Space Flight Medals: Now, therefore, be it structions and answer questions. At Whereas Dr. Sally Ride was born on May Resolved, That the Senate— 26, 1951, in Los Angeles, California; (1) expresses its deepest condolences to the this rate, the typical American would Whereas Dr. Ride graduated high school family and friends of Dr. Sally Ride on her respond to the survey about twice in from Westlake School for Girls in Los Ange- death; their lifetime. Census workers are les in 1968, and received from Stanford Uni- (2) mourns the loss of Dr. Ride, a trail- sworn to protect confidentiality, facing versity a Bachelor of Science in Physics and blazing pioneer who inspired millions of indi- a Bachelor of Arts in English in 1973, a Mas- prison sentences up to five years for viduals, especially women and girls, to reach disclosing any personal information ter of Science in 1975, and a doctorate degree for the stars; and in physics in 1978; (3) appreciates all of the contributions of and there has no employees are known Whereas the National Aeronautics and Dr. Ride to science, physics, education, and to have violated the provisions so the Space Administration (referred to in this human spaceflight. privacy questions are unfounded. preamble as ‘‘NASA’’) selected Dr. Ride as an Mr. ROCKEFELLER. Mr. President, astronaut candidate in January of 1978; In closing, I would like to share a Whereas Dr. Ride worked on the ground as today I rise to introduce a resolution statement by Mr. Lawrence Yun, the a communications officer for the second and on the importance of quality data from Chief Economist of the National Asso- third NASA space shuttle missions (STS-2 the Census Bureau, including the ciation of Realtors: ‘‘Without the data, and STS-3) and helped develop the robot arm American Community Survey. I am the nation would essentially be flying used by shuttle crews; proud to introduce this resolution as a blind in relation to important housing Whereas, on June 18, 1983, Dr. Ride became companion to the similar House legis- the first woman from the United States to lation by my distinguished colleague, market conditions and business decisions. Accurate economic and demo- travel in space when she served as a mission Congresswoman CAROLYN MALONEY. specialist for space shuttle mission STS-7; The Congresswoman has shown real graphic data inspire business con- Whereas Dr. Ride also served as a mission leadership on this issue and I am eager fidence that is so critical to the free specialist on space shuttle mission STS 41-G, to work with her to highlight the im- enterprise system. We would not be which launched into space from the Kennedy able to provide an accurate estimate of Space Center in Florida, on October 5, 1984; portance and significance of quality Whereas, in June of 1985, Dr. Ride was as- data for good government oversight many housing metrics if they cannot signed to the crew of STS 61-M for which and management, as well as helping be benchmarked against the America mission training terminated in January of American businesses. Community Survey data.’’

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5994 CONGRESSIONAL RECORD — SENATE August 2, 2012 SENATE CONCURRENT RESOLU- (4) to determine compliance with the Vot- (so as to be able to determine the relative TION 56—PROVIDING FOR A CON- ing Rights Act of 1965 (42 U.S.C. 1973 et seq.); contributions of births and immigration to DITIONAL ADJOURNMENT OR RE- and population growth), and the occupation of (5) to fairly distribute more than free males (so as to be able ‘‘to ascertain CESS OF THE SENATE AND AN $450,000,000,000 in Federal domestic assist- more completely the causes which influence ADJOURNMENT OF THE HOUSE ance to States and other areas, including life and health, and furnish a curious and OF REPRESENTATIVES through the setting of the formulas for Fed- useful document of the distribution of soci- Mr. REID (for himself and Mr. eral reimbursement to States for Medicaid ety in these States, and of the conditions expenditures; and vocations of our fellow-citizens . . .’’); MCCONNELL) submitted the following Whereas the ACS is the only source of Whereas diverse presidents throughout the concurrent resolution; which was con- rural and small-area economic and demo- 19th and 20th centuries, such as John Quincy sidered and agreed to: graphic data of sufficient reliability to allow Adams, Martin Van Buren, William McKin- S. CON. RES. 56 entrepreneurs, business owners, and local ley, Herbert Hoover, and Franklin Roosevelt, government planners, among others, to Resolved by the Senate (the House of Rep- asked for and received from Congress permis- make informed decisions on where to invest, resentatives concurring), That when the Sen- sion to expand the scope of census questions build, create jobs, and maintain or improve ate recesses or adjourns on any day from unrelated to enumeration; infrastructure; Thursday, August 2, 2012, through Monday, Whereas the Economic Census is required Whereas Congress requires the information August 6, 2012, on a motion offered pursuant by law to be conducted every 5 years, pro- collected through the ACS in order to pro- to this concurrent resolution by its Majority vides the most authoritative and comprehen- vide adequate oversight of a substantial Leader or his designee, it stand recessed or sive data about United States businesses, number of executive departments, agencies, adjourned until 12:00 noon on Monday, Sep- and provides the foundation for key eco- and programs; tember 10, 2012, or such other time on that nomic indicators, such as the gross domestic Whereas the citizens of the United States product; day as may be specified by its Majority require the information collected through Leader or his designee in the motion to re- Whereas, in response to the recommenda- the ACS for each State and congressional tions of the Intensive Review Committee cess or adjourn, or until the time of any re- district in order to hold their Members of assembly pursuant to section 2 of this con- (also known as the ‘‘Watkins Commission’’), Congress accountable; Congress enacted the recommendations into current resolution, whichever occurs first; Whereas, since the founding of the United and that when the House adjourns on any law in 1954, thereby providing for quinquen- States, Congress has recognized the value nial censuses of manufacturing, mineral in- legislative day from Thursday, August 2, and mandated the use of the decennial cen- 2012, through Monday, August 6, 2012, on a dustries, and other businesses; sus as a means to gather information that Whereas the finding of the Watkins Com- motion offered pursuant to this concurrent informs public policy and measures the resolution by its Majority Leader or his des- mission that ‘‘[w]ithout these census progress of the United States; records, it would not be possible to construct ignee, it stand adjourned until 2:00 p.m. on Whereas the congressional tradition of the Monday, September 10, 2012, or until the or interpret this system of economic indica- decennial census was initiated by the efforts tors. Business executives, farmers, labor time of any reassembly pursuant to section 2 of United States Representative James of this concurrent resolution, whichever oc- leaders, professional men, scholars, sci- Madison, the ‘‘Father of the Constitution’’, entists, government officials, and adminis- curs first. who argued on the floor of the House of Rep- trators in all phases of our society are de- SEC. 2. The Majority Leader of the Senate resentatives that Congress, in considering pendent on census records or on economic in- and the Speaker of the House, or their re- the Act entitled ‘‘An Act providing for the dicators based on census records.’’ is as true spective designees, acting jointly after con- enumeration of the Inhabitants of the United today as it was in 1954; sultation with the Minority Leader of the States’’ (commonly known as the ‘‘Census Whereas the Economic Census— Senate and the Minority Leader of the Act of 1790’’; 1 Stat. 101, chapter 2), ‘‘had now House, shall notify the Members of the Sen- (1) provides the foundation for key annual, an opportunity of obtaining the most useful quarterly, and monthly Federal economic in- ate and House, respectively, to reassemble at information for those who should hereafter dicators, including the gross domestic prod- such place and time as they may designate be called upon to legislate for their country uct, industrial production, labor produc- if, in their opinion, the public interest shall if this bill was extended so as to embrace tivity, manufacturing and services industry warrant it. some other objects besides the bare enu- activity, producer price indices, research and f meration of the inhabitants; it would enable development expenditures, commodity flows, them to adapt the public measures to the SENATE CONCURRENT RESOLU- and employer-sponsored health insurance particular circumstances of the community. coverage; TION 57—EXPRESSING THE In order to know the various interests of the (2) provides the basis for Federal macro- SENSE OF CONGRESS THAT THE United States, it was necessary that the de- economic and budget projections; and CENSUS SURVEYS AND THE IN- scription of the several classes into which (3) informs Federal trade, competitiveness, FORMATION DERIVED FROM the community was divided, should be accu- and entrepreneurship policies; THOSE SURVEYS ARE CRUCIAL rately known; on this knowledge the legisla- Whereas single firms rely on the Economic TO THE NATIONAL WELFARE ture might proceed to make a proper provi- Census to compare their operations to indus- sion for the agricultural, commercial and try averages, identify markets, and inform Mr. ROCKEFELLER submitted the manufacturing interests . . . in due propor- decisions on business location, capital in- following concurrent resolution; which tion’’; vestment, product research and develop- was referred to the Committee on Whereas Representative James Madison ment, and marketing strategies; Homeland Security and Governmental also said, ‘‘This kind of information all legis- Whereas the information collected through Affairs: latures had wished for; but this kind of infor- the Economic Census affords the private and mation had never been obtained in any coun- public sectors the ability to make good deci- S. CON. RES. 57 try’’; that he wished, therefore, ‘‘to avail sions and use resources in a way such that Whereas the American Community Survey himself of the present opportunity of accom- the entire country is more efficient and bet- (referred to in this preamble as the ‘‘ACS’’) plishing so valuable a purpose’’; and ‘‘[i]f the ter able to compete in the world economy, was launched in 2005 during the Administra- plan was pursued in taking every future cen- thereby allowing the United States to main- tion of President George W. Bush and has sus, it would give [Congress] an opportunity tain a high standard of living; since been funded by Congress as an innova- of marking the progress of the society, and Whereas what is today called the Economic tion that the Bureau of the Census has been distinguishing the growth of every inter- Census began as the ‘‘census of manufac- able to use in place of the decennial census est.’’; tures’’ in 1810; long form; Whereas Vice President Thomas Jefferson, Whereas the census of manufactures (as Whereas the ACS provides the United the ‘‘Father of the Declaration of Independ- well as the census of agriculture) became a States, States, counties, cities, towns, neigh- ence’’, wrote Congress as president of the regular feature of census taking in 1840 and borhoods, and other areas with annual data American Philosophical Society that the has remained such ever since; that was formerly available only once every consideration by Congress of the Act entitled Whereas household and business responses 10 years; ‘‘An Act providing for the second Census or to census surveys allow national, State, and Whereas the Federal Government relies on enumeration of the Inhabitants of the United local officials to make informed decisions, the ACS— States’’ (commonly known as the ‘‘Census just as James Madison envisioned, providing (1) to produce annual population estimates Act of 1800’’; 2 Stat. 11, chapter 12) offered timely and accurate statistics even for small for the United States, States, metropolitan ‘‘an occasion of great value, and not other- localities; areas, counties, cities, and other areas; wise to be obtained, of ascertaining sundry Whereas, historically, Congress has fol- (2) to produce annual measures of total facts highly important to society . . . [and] lowed the precedent set by all previous Con- personal income and per capita income for presenting a more detailed view of the inhab- gresses in supporting and directing the col- the United States, States, metropolitan itants of the United States, under several lection of a range of information in the ACS areas, and counties; different aspects,’’ including age (so as to be and the Economic Census to guide its own (3) to define metropolitan areas; able to measure life expectancy), citizenship deliberations and consideration of policies;

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S5995 Whereas Federal courts have consistently 2012, through Tuesday, August 7, 2012, on a People’s Republic of China, and for other upheld the constitutionality of including motion offered pursuant to this concurrent purposes. questions unrelated to enumeration in the resolution by its Majority Leader or his des- f decennial census and requiring answers to ignee, it stand adjourned until 2:00 p.m. on such questions; and Monday, September 10, 2012, or until the TEXT OF AMENDMENTS Whereas Congress has mandated and the time of any reassembly pursuant to section 2 SA 2771. Mr. COBURN proposed an Department of Commerce has successfully of this concurrent resolution, whichever oc- amendment to the bill S. 3326, to implemented strict protection of the con- curs first. amend the African Growth and Oppor- fidentiality of responses: Now, therefore be it SEC. 2. The Majority Leader of the Senate Resolved by the Senate (the House of Rep- and the Speaker of the House, or their re- tunity Act to extend the third-country resentatives concurring), That Congress— spective designees, acting jointly after con- fabric program and to add South Sudan (1) encourages the people of the United sultation with the Minority Leader of the to the list of countries eligible for des- States to fulfill their civic duty and follow Senate and the Minority Leader of the ignation under that Act, to make tech- the law by responding to all census surveys House, shall notify the Members of the Sen- nical corrections to the Harmonized conducted by the Bureau of the Census; and ate and House, respectively, to reassemble at Tariff Schedule of the United States re- (2) strongly encourages the Bureau of the such place and time as they may designate lating to the textile and apparel rules Census— if, in their opinion, the public interest shall (A) to provide United States households warrant it. of origin for the Dominican Republic- Central America-United States Free and businesses with information regarding f the community, economic, and fiscal bene- Trade Agreement, to approve the re- fits to be gained from participation in the AMENDMENTS SUBMITTED AND newal of import restrictions contained American Community Survey and the Eco- PROPOSED in the Burmese Freedom and Democ- nomic Census; SA 2771. Mr. COBURN proposed an amend- racy Act of 2003, and for other pur- (B) to use the most current methodologies ment to the bill S. 3326, to amend the Afri- poses; as follows: and technologies to reduce any burden of re- can Growth and Opportunity Act to extend Strike all after the enacting clause and in- sponding to the American Community Sur- the third-country fabric program and to add sert the following: vey and the Economic Census; and South Sudan to the list of countries eligible (C) to continue, as the Bureau of the Cen- SECTION 1. AMENDMENTS TO AFRICAN GROWTH for designation under that Act, to make AND OPPORTUNITY ACT. sus has done throughout its history, to inno- technical corrections to the Harmonized Tar- (a) EXTENSION OF THIRD-COUNTRY FABRIC vate its methods, processes, and products, iff Schedule of the United States relating to PROGRAM.—Section 112(c)(1) of the African and thus maintain the world-class standards the textile and apparel rules of origin for the Growth and Opportunity Act (19 U.S.C. that have made the Bureau of the Census an Dominican Republic-Central America-United 3721(c)(1)) is amended— international leader among statistical agen- States Free Trade Agreement, to approve the (1) in the paragraph heading, by striking cies. renewal of import restrictions contained in ‘‘2012’’ and inserting ‘‘2015’’; f the Burmese Freedom and Democracy Act of (2) in subparagraph (A), by striking ‘‘2012’’ 2003, and for other purposes. and inserting ‘‘2015’’; and SENATE CONCURRENT RESOLU- SA 2772. Mrs. SHAHEEN (for herself and (3) in subparagraph (B)(ii), by striking TION 58—DIRECTING THE CLERK Mr. PORTMAN) submitted an amendment in- ‘‘2012’’ and inserting ‘‘2015’’. OF THE HOUSE OF REPRESENTA- tended to be proposed by her to the bill S. (b) ADDITION OF SOUTH SUDAN.—Section 107 TIVES TO MAKE A CORRECTION 3326, supra; which was ordered to lie on the of that Act (19 U.S.C. 3706) is amended by in- IN THE ENROLLMENT OF H.R. table. serting after ‘‘Republic of South Africa 4240 SA 2773. Mr. REID (for Mr. LEAHY (for him- (South Africa).’’ the following: self, Mr. GRASSLEY, Mr. PAUL, and Mr. ‘‘Republic of South Sudan (South Mr. KERRY submitted the following HATCH)) proposed an amendment to the bill Sudan).’’. concurrent resolution; which was con- S. 3245, to extend by 3 years the authoriza- (c) CONFORMING AMENDMENT.—Section sidered and agreed to: tion of the EB-5 Regional Center Program, 102(2) of that Act (19 U.S.C. 3701(2)) is amend- the E-Verify Program, the Special Immi- S. CON. RES. 58 ed by striking ‘‘48’’. grant Nonminister Religious Worker Pro- (d) EFFECTIVE DATE.—The amendments Resolved by the Senate (the House of Rep- gram, and the Conrad State 30 J-1 Visa Waiv- made by this section shall take effect on the resentatives concurring), That, in the enroll- er Program. date of the enactment of this Act. ment of the bill (H.R. 4240) an Act to reau- SA 2774. Mr. REID (for Mr. LEAHY (for him- thorize the North Korean Human Rights Act SEC. 2. ELIMINATION OF UNNECESSARY DUPLI- self and Mr. GRASSLEY)) proposed an amend- CATION, REDUNDANCY, AND OVER- of 2004, and for other purposes, the Clerk of ment to the bill S. 3245, supra. LAP OF FEDERAL TRADE PRO- the House of Representatives shall make the SA 2775. Mr. REID (for Mr. COONS) proposed GRAMS. following correction: in section 7, insert ‘‘is an amendment to the resolution S. Res. 402, Notwithstanding any other provision of amended’’ before ‘‘by striking’’. condemning Joseph Kony and the Lord’s Re- law, the Director of the Office of Manage- f sistance Army for committing crimes ment and Budget shall coordinate with the against humanity and mass atrocities, and heads of the relevant Federal agencies— SENATE CONCURRENT RESOLU- supporting ongoing efforts by the United (1) to, not later than 60 days after the date TION 59—PROVIDING FOR A CON- States Government and governments in cen- of the enactment of this Act, eliminate, con- DITIONAL ADJOURNMENT OR RE- tral Africa to remove Joseph Kony and solidate, or streamline Federal programs and CESS OF THE SENATE AND AN Lord’s Resistance Army commanders from Federal agencies with duplicative or overlap- ADJOURNMENT OF THE HOUSE the battlefield. ping missions relating to trade; SA 2776. Mr. REID (for Mr. BROWN of Ohio) (2) to, not later than September 30, 2012, re- OF REPRESENTATIVES proposed an amendment to the resolution S. scind the unobligated balances of all Mr. REID (for himself and Mr. Res. 418, amend the title so as to read: ‘‘Com- amounts made available for fiscal year 2012 MCCONNELL) submitted the following memorating the 70th anniversary and com- for programs relating to trade for the De- concurrent resolution; which was con- mending the brave men of the 17th Bombard- partment of Commerce, the Small Business sidered and agreed to: ment Group (Medium) who became known as Administration, the Export-Import Bank of the ‘‘Doolittle Tokyo Raiders’’ for out- the United States, the Overseas Private In- S. CON. RES. 59 standing heroism, valor, skill, and service to vestment Corporation, and the Trade and De- Resolved by the Senate (the House of Rep- the United States in conducting the bombing velopment Agency, with the amounts re- resentatives concurring), That when the Sen- of Tokyo on April 18, 1942 .’’. scinded to be deposited in the general fund of ate recesses or adjourns on any day from SA 2777. Mr. REID (for Mr. BROWN of Ohio) the Treasury for purposes of deficit reduc- Thursday, August 2, 2012, through Tuesday, proposed an amendment to the resolution S. tion; August 7, 2012, on a motion offered pursuant Res. 418, supra. (3) to reduce spending on programs de- to this concurrent resolution by its Majority SA 2778. Mr. REID (for Mr. BROWN of Ohio) scribed in paragraph (2) by not less than Leader or his designee motion to recess or proposed an amendment to the resolution S. $192,000,000 in fiscal years 2012 and 2013 (in- adjourn, or until 2:00 noon on Monday, Sep- Res. 418, supra. cluding the amounts rescinded pursuant to tember 10, 2012, or such other time on that SA 2779. Mr. REID (for Mr. WEBB (for him- paragraph (2)); and day as may be specified by its Majority self, Mr. KERRY, Mr. LUGAR, Mr. INHOFE, Mr. (4) to report to Congress not later than 180 Leader or his designee in the motion to re- LIEBERMAN, Mr. MCCAIN, and Mr. LEVIN)) days after the date of the enactment of this cess or adjourn, or until the time of any re- proposed an amendment to the resolution S. Act with recommendations for any legisla- assembly pursuant to section 2 of this con- Res. 524, reaffirming the strong support of tive changes required to further eliminate, current resolution, whichever occurs first; the United States for the 2002 declaration of consolidate, or streamline Federal programs and that when the House adjourns on any conduct of parties in the South China Sea and Federal agencies with duplicative or legislative day from Thursday, August 2, among the member states of ASEAN and the overlapping trade missions.

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Mrs. SHAHEEN (for herself ‘‘(B) DEMONSTRATION.—The certification ‘‘(A) has developed and is implementing a and Mr. PORTMAN) submitted an shall include a demonstration of whether or plan for achieving compliance during the 8- amendment intended to be proposed by not the energy savings for the code provi- year-period beginning on the date of enact- her to the bill S. 3326, to amend the Af- sions that are in effect throughout the State ment of this paragraph, including annual or Indian tribal territory meet or exceed— targets for compliance and active training rican Growth and Opportunity Act to ‘‘(i) the energy savings of the updated and enforcement programs; and extend the third-country fabric pro- model building energy code; or ‘‘(B) has met the most recent target under gram and to add South Sudan to the ‘‘(ii) the targets established under section subparagraph (A). list of countries eligible for designa- 307(b)(2). ‘‘(5) VALIDATION BY SECRETARY.—Not later tion under that Act, to make technical ‘‘(C) NO MODEL BUILDING ENERGY CODE UP- than 90 days after a State or Indian tribe corrections to the Harmonized Tariff DATE.—If a model building energy code is not certification under paragraph (1), the Sec- Schedule of the United States relating updated by a target date established under retary shall— to the textile and apparel rules of ori- section 307(b)(2)(D), each State or Indian ‘‘(A) determine whether the State or In- tribe shall, not later than 2 years after the dian tribe has demonstrated meeting the cri- gin for the Dominican Republic-Cen- specified date, certify whether or not the teria of this subsection, including accurate tral America-United States Free Trade State or Indian tribe, respectively, has re- measurement of compliance; and Agreement, to approve the renewal of viewed and updated the energy provisions of ‘‘(B) if the determination is positive, vali- import restrictions contained in the the building code of the State or Indian date the certification. tribe, respectively, to meet or exceed the Burmese Freedom and Democracy Act ‘‘(d) STATES OR INDIAN TRIBES THAT DO NOT target in section 307(b)(2). of 2003, and for other purposes; which ACHIEVE COMPLIANCE.— ‘‘(2) VALIDATION BY SECRETARY.—Not later was ordered to lie on the table; as fol- ‘‘(1) REPORTING.—A State or Indian tribe lows: than 90 days after a State or Indian tribe that has not made a certification required certification under paragraph (1), the Sec- At the end of the bill, add the following: under subsection (b) or (c) by the applicable retary shall— deadline shall submit to the Secretary a re- TITLE II—ENERGY SAVINGS AND ‘‘(A) determine whether the code provi- port on— INDUSTRIAL COMPETITIVENESS sions of the State or Indian tribe, respec- ‘‘(A) the status of the State or Indian tribe SEC. 201. SHORT TITLE. tively, meet the criteria specified in para- with respect to meeting the requirements This title may be cited as the ‘‘Energy graph (1); and and submitting the certification; and Savings and Industrial Competitiveness Act ‘‘(B) if the determination is positive, vali- ‘‘(B) a plan for meeting the requirements of 2012’’. date the certification. and submitting the certification. Subtitle A—Buildings ‘‘(c) IMPROVEMENTS IN COMPLIANCE WITH ‘‘(2) FEDERAL SUPPORT.—For any State or BUILDING ENERGY CODES.— Indian tribe for which the Secretary has not PART I—BUILDING ENERGY CODES ‘‘(1) REQUIREMENT.— validated a certification by a deadline under SEC. 211. GREATER ENERGY EFFICIENCY IN ‘‘(A) IN GENERAL.—Not later than 3 years subsection (b) or (c), the lack of the certifi- BUILDING CODES. after the date of a certification under sub- cation may be a consideration for Federal (a) DEFINITIONS.—Section 303 of the Energy section (b), each State and Indian tribe shall support authorized under this section for Conservation and Production Act (42 U.S.C. certify whether or not the State and Indian code adoption and compliance activities. 6832) is amended— tribe, respectively, has— ‘‘(3) LOCAL GOVERNMENT.—In any State or (1) by striking paragraph (14) and inserting ‘‘(i) achieved full compliance under para- Indian tribe for which the Secretary has not the following: graph (3) with the applicable certified State validated a certification under subsection (b) ‘‘(14) MODEL BUILDING ENERGY CODE.—The and Indian tribe building energy code or with or (c), a local government may be eligible for term ‘model building energy code’ means a the associated model building energy code; Federal support by meeting the certification voluntary building energy code and stand- or requirements of subsections (b) and (c). ards developed and updated through a con- ‘‘(ii) made significant progress under para- ‘‘(4) ANNUAL REPORTS BY SECRETARY.— sensus process among interested persons, graph (4) toward achieving compliance with ‘‘(A) IN GENERAL.—The Secretary shall an- such as the IECC or the code used by— the applicable certified State and Indian nually submit to Congress, and publish in ‘‘(A) the Council of American Building Of- tribe building energy code or with the associ- the Federal Register, a report on— ficials; ated model building energy code. ‘‘(i) the status of model building energy ‘‘(B) the American Society of Heating, Re- ‘‘(B) REPEAT CERTIFICATIONS.—If the State codes; frigerating, and Air-Conditioning Engineers; or Indian tribe certifies progress toward ‘‘(ii) the status of code adoption and com- or achieving compliance, the State or Indian pliance in the States and Indian tribes; ‘‘(C) other appropriate organizations.’’; and tribe shall repeat the certification until the ‘‘(iii) implementation of this section; and (2) by adding at the end the following: State or Indian tribe certifies that the State ‘‘(iv) improvements in energy savings over ‘‘(17) IECC.—The term ‘IECC’ means the or Indian tribe has achieved full compliance, time as result of the targets established International Energy Conservation Code. respectively. under section 307(b)(2). ‘‘(18) INDIAN TRIBE.—The term ‘Indian ‘‘(2) MEASUREMENT OF COMPLIANCE.—A cer- ‘‘(B) IMPACTS.—The report shall include es- tribe’ has the meaning given the term in sec- tification under paragraph (1) shall include timates of impacts of past action under this tion 4 of the Native American Housing As- documentation of the rate of compliance section, and potential impacts of further ac- sistance and Self-Determination Act of 1996 based on— tion, on— (25 U.S.C. 4103).’’. ‘‘(A) independent inspections of a random ‘‘(i) upfront financial and construction (b) STATE BUILDING ENERGY EFFICIENCY sample of the buildings covered by the code costs, cost benefits and returns (using in- CODES.—Section 304 of the Energy Conserva- in the preceding year; or vestment analysis), and lifetime energy use tion and Production Act (42 U.S.C. 6833) is ‘‘(B) an alternative method that yields an for buildings; amended to read as follows: accurate measure of compliance. ‘‘(ii) resulting energy costs to individuals ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY ‘‘(3) ACHIEVEMENT OF COMPLIANCE.—A State and businesses; and EFFICIENCY CODES. or Indian tribe shall be considered to achieve ‘‘(iii) resulting overall annual building ‘‘(a) IN GENERAL.—The Secretary shall— full compliance under paragraph (1) if— ownership and operating costs. ‘‘(1) encourage and support the adoption of ‘‘(A) at least 90 percent of building space ECHNICAL ASSISTANCE TO STATES AND building energy codes by States, Indian covered by the code in the preceding year ‘‘(e) T tribes, and, as appropriate, by local govern- substantially meets all the requirements of INDIAN TRIBES.—The Secretary shall provide ments that meet or exceed the model build- the applicable code specified in paragraph technical assistance to States and Indian ing energy codes, or achieve equivalent or (1), or achieves equivalent or greater energy tribes to implement the goals and require- greater energy savings; and savings level; or ments of this section, including procedures ‘‘(2) support full compliance with the State ‘‘(B) the estimated excess energy use of and technical analysis for States and Indian and local codes. buildings that did not meet the applicable tribes— ‘‘(1) to improve and implement State resi- ‘‘(b) STATE AND INDIAN TRIBE CERTIFI- code specified in paragraph (1) in the pre- dential and commercial building energy CATION OF BUILDING ENERGY CODE UPDATES.— ceding year, compared to a baseline of com- codes; ‘‘(1) REVIEW AND UPDATING OF CODES BY parable buildings that meet this code, is not ‘‘(2) to demonstrate that the code provi- EACH STATE AND INDIAN TRIBE.— more than 5 percent of the estimated energy sions of the States and Indian tribes achieve ‘‘(A) IN GENERAL.—Not later than 2 years use of all buildings covered by this code dur- after the date on which a model building ening the preceding year. equivalent or greater energy savings than the model building energy codes and targets; ergy code is updated, each State or Indian ‘‘(4) SIGNIFICANT PROGRESS TOWARD ‘‘(3) to document the rate of compliance tribe shall certify whether or not the State ACHIEVEMENT OF COMPLIANCE.—A State or In- or Indian tribe, respectively, has reviewed dian tribe shall be considered to have made with a building energy code; and and updated the energy provisions of the significant progress toward achieving com- ‘‘(4) to otherwise promote the design and building code of the State or Indian tribe, re- pliance for purposes of paragraph (1) if the construction of energy efficient buildings. spectively. State or Indian tribe— ‘‘(f) AVAILABILITY OF INCENTIVE FUNDING.—

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‘‘(1) IN GENERAL.—The Secretary shall pro- carry out this section and section 307 ‘‘(C) equipment improvements for heating, vide incentive funding to States and Indian $200,000,000, to remain available until ex- cooling, and ventilation systems; tribes— pended.’’. ‘‘(D) building management systems and ‘‘(A) to implement the requirements of this (c) FEDERAL BUILDING ENERGY EFFICIENCY SmartGrid technologies to reduce energy section; STANDARDS.—Section 305 of the Energy Con- use; and ‘‘(B) to improve and implement residential servation and Production Act (42 U.S.C. 6834) ‘‘(E) other technologies, practices, and and commercial building energy codes, in- is amended by striking ‘‘voluntary building building systems that the Secretary concluding increasing and verifying compliance energy code’’ each place it appears in sub- siders appropriate regarding building plug with the codes and training of State, tribal, sections (a)(2)(B) and (b) and inserting load and other energy uses. and local building code officials to imple- ‘‘model building energy code’’. ‘‘(4) ECONOMIC CONSIDERATIONS.—In estab- ment and enforce the codes; and (d) MODEL BUILDING ENERGY CODES.—Sec- lishing and revising building code targets ‘‘(C) to promote building energy efficiency tion 307 of the Energy Conservation and Pro- under paragraph (2), the Secretary shall con- through the use of the codes. duction Act (42 U.S.C. 6836) is amended to sider the economic feasibility of achieving read as follows: ‘‘(2) ADDITIONAL FUNDING.—Additional the proposed targets established under this funding shall be provided under this sub- ‘‘SEC. 307. SUPPORT FOR MODEL BUILDING EN- section and the potential costs and savings ERGY CODES. section for implementation of a plan to for consumers and building owners, including ‘‘(a) IN GENERAL.—The Secretary shall sup- a return on investment analysis. achieve and document full compliance with port the updating of model building energy residential and commercial building energy ‘‘(c) TECHNICAL ASSISTANCE TO MODEL codes. BUILDING ENERGY CODE-SETTING AND STAND- codes under subsection (c)— ARGETS ‘‘(b) T .— ARD DEVELOPMENT ORGANIZATIONS.— ‘‘(A) to a State or Indian tribe for which N GENERAL ‘‘(1) I .—The Secretary shall sup- ‘‘(1) IN GENERAL.—The Secretary shall, on a the Secretary has validated a certification port the updating of the model building en- under subsection (b) or (c); and timely basis, provide technical assistance to ergy codes to enable the achievement of ag- model building energy code-setting and ‘‘(B) in a State or Indian tribe that is not gregate energy savings targets established eligible under subparagraph (A), to a local standard development organizations con- under paragraph (2). sistent with the goals of this section. government that is eligible under this sec- ‘‘(2) TARGETS.— tion. ‘‘(2) ASSISTANCE.—The assistance shall in- ‘‘(A) IN GENERAL.—The Secretary shall clude, as requested by the organizations, ‘‘(3) TRAINING.—Of the amounts made work with State, Indian tribes, local govern- technical assistance in— available under this subsection, the State ments, nationally recognized code and stand- may use amounts required, but not to exceed ‘‘(A) evaluating code or standards pro- ards developers, and other interested parties posals or revisions; $750,000 for a State, to train State and local to support the updating of model building ‘‘(B) building energy analysis and design building code officials to implement and en- energy codes by establishing 1 or more ag- tools; force codes described in paragraph (2). gregate energy savings targets to achieve ‘‘(C) building demonstrations; ‘‘(4) LOCAL GOVERNMENTS.—States may the purposes of this section. ‘‘(D) developing definitions of energy use share grants under this subsection with local ‘‘(B) SEPARATE TARGETS.—The Secretary intensity and building types for use in model governments that implement and enforce the may establish separate targets for commer- building energy codes to evaluate the effi- codes. cial and residential buildings. ciency impacts of the model building energy ‘‘(g) STRETCH CODES AND ADVANCED STAND- ‘‘(C) BASELINES.—The baseline for updating codes; ARDS.— model building energy codes shall be the 2009 ‘‘(E) performance-based standards; ‘‘(1) IN GENERAL.—The Secretary shall pro- IECC for residential buildings and ASHRAE ‘‘(F) evaluating economic considerations vide technical and financial support for the Standard 90.1–2010 for commercial buildings. under subsection (b)(4); and development of stretch codes and advanced ‘‘(D) SPECIFIC YEARS.— ‘‘(G) developing model building energy standards for residential and commercial ‘‘(i) IN GENERAL.—Targets for specific years codes by Indian tribes in accordance with buildings for use as— shall be established and revised by the Sec- tribal law. ‘‘(A) an option for adoption as a building retary through rulemaking and coordinated ‘‘(3) AMENDMENT PROPOSALS.—The Sec- energy code by local, tribal, or State govern- with nationally recognized code and stand- retary may submit timely model building ments; and ards developers at a level that— energy code amendment proposals to the ‘‘(B) guidelines for energy-efficient build- ‘‘(I) is at the maximum level of energy effi- model building energy code-setting and ing design. ciency that is technologically feasible and standard development organizations, with ‘‘(2) TARGETS.—The stretch codes and ad- life-cycle cost effective, while accounting for supporting evidence, sufficient to enable the vanced standards shall be designed— the economic considerations under para- model building energy codes to meet the tar- ‘‘(A) to achieve substantial energy savings graph (4); gets established under subsection (b)(2). compared to the model building energy ‘‘(II) is higher than the preceding target; ‘‘(4) ANALYSIS METHODOLOGY.—The Sec- codes; and and retary shall make publicly available the en- ‘‘(B) to meet targets under section 307(b), if ‘‘(III) promotes the achievement of com- tire calculation methodology (including available, at least 3 to 6 years in advance of mercial and residential high-performance input assumptions and data) used by the Sec- the target years. buildings through high performance energy retary to estimate the energy savings of code ‘‘(h) STUDIES.—The Secretary, in consulta- efficiency (within the meaning of section 401 tion with building science experts from the or standard proposals and revisions. of the Energy Independence and Security Act ‘‘(d) DETERMINATION.— National Laboratories and institutions of higher education, designers and builders of of 2007 (42 U.S.C. 17061)). ‘‘(1) REVISION OF MODEL BUILDING ENERGY energy-efficient residential and commercial ‘‘(ii) INITIAL TARGETS.—Not later than 1 CODES.—If the provisions of the IECC or buildings, code officials, and other stake- year after the date of enactment of this ASHRAE Standard 90.1 regarding building holders, shall undertake a study of the feasi- clause, the Secretary shall establish initial energy use are revised, the Secretary shall bility, impact, economics, and merit of— targets under this subparagraph. make a preliminary determination not later ‘‘(1) code improvements that would require ‘‘(iii) DIFFERENT TARGET YEARS.—Subject than 90 days after the date of the revision, that buildings be designed, sited, and con- to clause (i), prior to the applicable year, the and a final determination not later than 15 structed in a manner that makes the build- Secretary may set a later target year for any months after the date of the revision, on ings more adaptable in the future to become of the model building energy codes described whether or not the revision will— zero-net-energy after initial construction, as in subparagraph (A) if the Secretary deter- ‘‘(A) improve energy efficiency in buildings advances are achieved in energy-saving tech- mines that a target cannot be met. compared to the existing model building en- nologies; ‘‘(iv) SMALL BUSINESS.—When establishing ergy code; and ‘‘(2) code procedures to incorporate meas- targets under this paragraph through rule- ‘‘(B) meet the applicable targets under sub- ured lifetimes, not just first-year energy use, making, the Secretary shall ensure compli- section (b)(2). in trade-offs and performance calculations; ance with the Small Business Regulatory ‘‘(2) CODES OR STANDARDS NOT MEETING TAR- and Enforcement Fairness Act of 1996 (5 U.S.C. GETS.— ‘‘(3) legislative options for increasing en- 601 note; Public Law 104–121). ‘‘(A) IN GENERAL.—If the Secretary makes ergy savings from building energy codes, in- ‘‘(3) APPLIANCE STANDARDS AND OTHER FAC- a preliminary determination under para- cluding additional incentives for effective TORS AFFECTING BUILDING ENERGY USE.—In es- graph (1)(B) that a code or standard does not State and local action, and verification of tablishing building code targets under para- meet the targets established under sub- compliance with and enforcement of a code graph (2), the Secretary shall develop and ad- section (b)(2), the Secretary may at the same other than by a State or local government. just the targets in recognition of potential time provide the model building energy code ‘‘(i) EFFECT ON OTHER LAWS.—Nothing in savings and costs relating to— or standard developer with proposed changes this section or section 307 supersedes or ‘‘(A) efficiency gains made in appliances, that would result in a model building energy modifies the application of sections 321 lighting, windows, insulation, and building code that meets the targets and with sup- through 346 of the Energy Policy and Con- envelope sealing; porting evidence, taking into consider- servation Act (42 U.S.C. 6291 et seq.). ‘‘(B) advancement of distributed genera- ation— ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— tion and on-site renewable power generation ‘‘(i) whether the modified code is tech- There are authorized to be appropriated to technologies; nically feasible and life-cycle cost effective;

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S5998 CONGRESSIONAL RECORD — SENATE August 2, 2012 ‘‘(ii) available appliances, technologies, Subtitle B—Building Efficiency Finance ‘‘(II) minimum debt-to-income levels of the materials, and construction practices; and SEC. 231. LOAN PROGRAM FOR ENERGY EFFI- borrower; ‘‘(iii) the economic considerations under CIENCY UPGRADES TO EXISTING ‘‘(III) minimum levels of value relative to subsection (b)(4). BUILDINGS. outstanding mortgage or other debt on a ‘‘(B) INCORPORATION OF CHANGES.— Title XVII of the Energy Policy Act of 2005 building eligible for credit support; ‘‘(i) IN GENERAL.—On receipt of the pro- (42 U.S.C. 16511 et seq.) is amended by adding ‘‘(IV) allowable thresholds for the percent posed changes, the model building energy at the end the following: of the efficiency obligation relative to the code or standard developer shall have an ad- ‘‘SEC. 1706. BUILDING RETROFIT FINANCING PRO- amount of any mortgage or other debt on an ditional 270 days to accept or reject the pro- GRAM. eligible building; posed changes of the Secretary to the model ‘‘(a) DEFINITIONS.—In this section: ‘‘(V) analysis of historic and anticipated building energy code or standard for the Sec- ‘‘(1) CREDIT SUPPORT.—The term ‘credit occupancy levels and rental income of an eli- retary to make a final determination. support’ means a guarantee or commitment gible building; ‘‘(ii) FINAL DETERMINATION.—A final deter- to issue a guarantee or other forms of credit ‘‘(VI) requirements of third-party contrac- mination under paragraph (1) shall be on the enhancement to ameliorate risks for effi- tors to guarantee energy savings that will modified model building energy code or ciency obligations. result from a retrofit project, and whether fi- standard. ‘‘(2) EFFICIENCY OBLIGATION.—The term ‘ef- nancing on the efficiency obligation will am- ficiency obligation’ means a debt or repay- ortize from the energy savings; ‘‘(e) ADMINISTRATION.—In carrying out this ment obligation incurred in connection with ‘‘(VII) requirements that the retrofit section, the Secretary shall— financing a project, or a portfolio of such ‘‘(1) publish notice of targets and sup- project incorporate protocols to measure and debt or payment obligations. verify energy savings; and porting analysis and determinations under ‘‘(3) PROJECT.—The term ‘project’ means this section in the Federal Register to pro- ‘‘(VIII) recovery of payments equally by the installation and implementation of effi- the Secretary and the retrofit. vide an explanation of and the basis for such ciency, advanced metering, distributed gen- FFICIENCY OBLIGATIONS.—The financ- actions, including any supporting modeling, ‘‘(3) E eration, or renewable energy technologies ing mechanisms qualified by the Secretary data, assumptions, protocols, and cost-ben- and measures in a building (or in multiple under paragraph (2)(B) may include— efit analysis, including return on invest- buildings on a given property) that are ex- ‘‘(A) loans, including loans made by the ment; and pected to increase the energy efficiency of Federal Financing Bank; ‘‘(2) provide an opportunity for public com- the building (including fixtures) in accord- ‘‘(B) power purchase agreements, including ment on targets and supporting analysis and ance with criteria established by the Sec- energy efficiency power purchase agree- determinations under this section. retary. ments; ‘‘(b) ELIGIBLE PROJECTS.— ‘‘(f) VOLUNTARY CODES AND STANDARDS.— ‘‘(C) energy services agreements, including ‘‘(1) IN GENERAL.—Notwithstanding sec- Nothwithstanding any other provision of tions 1703 and 1705, the Secretary may pro- energy performance contracts; this section, any model building code or vide credit support under this section, in ac- ‘‘(D) property assessed clean energy bonds standard established under this section shall cordance with section 1702. and other tax assessment-based financing not be binding on a State, local government, ‘‘(2) INCLUSIONS.—Buildings eligible for mechanisms; or Indian tribe as a matter of Federal law.’’. credit support under this section include ‘‘(E) aggregate on-meter agreements that commercial, multifamily residential, indus- finance retrofit projects; and PART II—WORKER TRAINING AND ‘‘(F) any other efficiency obligations the CAPACITY BUILDING trial, municipal, government, institution of higher education, school, and hospital facili- Secretary determines to be appropriate. SEC. 221. BUILDING TRAINING AND ASSESSMENT ties that satisfy criteria established by the ‘‘(4) PRIORITIES.—In carrying out this sec- CENTERS. Secretary. tion, the Secretary shall prioritize— ‘‘(c) GUIDELINES.— ‘‘(A) the maximization of energy savings (a) IN GENERAL.—The Secretary of Energy ‘‘(1) IN GENERAL.—Not later than 180 days with the available credit support funding; shall provide grants to institutions of higher after the date of enactment of this section, ‘‘(B) the establishment of a clear applica- education (as defined in section 101 of the the Secretary shall— tion and approval process that allows private Higher Education Act of 1965 (20 U.S.C. 1001)) ‘‘(A) establish guidelines for credit support building owners, lenders, and investors to and Tribal Colleges or Universities (as de- provided under this section; and reasonably expect to receive credit support fined in section 316(b) of that Act (20 U.S.C. ‘‘(B) publish the guidelines in the Federal for projects that conform to guidelines; 1059c(b)) to establish building training and Register; and ‘‘(C) the distribution of projects receiving assessment centers— ‘‘(C) provide for an opportunity for public credit support under this section across (1) to identify opportunities for optimizing comment on the guidelines. States or geographical regions of the United energy efficiency and environmental per- ‘‘(2) REQUIREMENTS.—The guidelines estab- States; and formance in buildings; lished by the Secretary under this subsection ‘‘(D) projects designed to achieve whole- (2) to promote the application of emerging shall include— building retrofits. concepts and technologies in commercial and ‘‘(A) standards for assessing the energy ‘‘(d) LIMITATION.—Notwithstanding section institutional buildings; savings that could reasonably be expected to 1702(c), the Secretary shall not issue credit (3) to train engineers, architects, building result from a project; support under this section in an amount that scientists, building energy permitting and ‘‘(B) examples of financing mechanisms exceeds— enforcement officials, and building techni- (and portfolios of such financing mecha- ‘‘(1) 90 percent of the principal amount of cians in energy-efficient design and oper- nisms) that qualify as efficiency obligations; the efficiency obligation that is the subject ation; ‘‘(C) the threshold levels of energy savings of the credit support; or (4) to assist institutions of higher edu- that a project, at the time of issuance of ‘‘(2) $10,000,000 for any single project. cation and Tribal Colleges or Universities in credit support, shall be reasonably expected ‘‘(e) AGGREGATION OF PROJECTS.—To the training building technicians; to achieve to be eligible for credit support; extent provided in the guidelines developed (5) to promote research and development ‘‘(D) the eligibility criteria the Secretary in accordance with subsection (c), the Sec- for the use of alternative energy sources and determines to be necessary for making credit retary may issue credit support on a port- distributed generation to supply heat and support available under this section; and folio, or pool of projects, that are not re- power for buildings, particularly energy-in- ‘‘(E) notwithstanding subsections (d)(3) and quired to be geographically contiguous, if tensive buildings; and (g)(2)(B) of section 1702, any lien priority re- each efficiency obligation in the pool fulfills (6) to coordinate with and assist State-ac- quirements that the Secretary determines to the requirements described in this section. credited technical training centers, commu- be necessary, in consultation with the Direc- ‘‘(f) APPLICATION.— nity colleges, Tribal Colleges or Universities, tor of the Office of Management and Budget, ‘‘(1) IN GENERAL.—To be eligible to receive and local offices of the National Institute of which may include— credit support under this section, the appli- Food and Agriculture and ensure appropriate ‘‘(i) requirements to preserve priority lien cant shall submit to the Secretary an appli- services are provided under this section to status of secured lenders and creditors in cation at such time, in such manner, and each region of the United States. buildings eligible for credit support; containing such information as the Sec- (b) COORDINATION AND NONDUPLICATION.— ‘‘(ii) remedies available to the Secretary retary determines to be necessary. (1) IN GENERAL.—The Secretary shall co- under chapter 176 of title 28, United States ‘‘(2) CONTENTS.—An application submitted ordinate the program with the Industrial As- Code, in the event of default on the effi- under this section shall include assurances sessment Centers program and with other ciency obligation by the borrower; and by the applicant that— Federal programs to avoid duplication of ef- ‘‘(iii) measures to limit the exposure of the ‘‘(A) each contractor carrying out the fort. Secretary to financial risk in the event of project meets minimum experience level cri- (2) COLLOCATION.—To the maximum extent default, such as— teria, including local retrofit experience, as practicable, building, training, and assess- ‘‘(I) the collection of a credit subsidy fee determined by the Secretary; ment centers established under this section from the borrower as a loan loss reserve, ‘‘(B) the project is reasonably expected to shall be collocated with Industrial Assess- taking into account the limitation on credit achieve energy savings, as set forth in the ment Centers. support under subsection (d); application using any methodology that

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meets the standards described in the pro- ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(6) EVALUATION.—The Secretary shall gram guidelines; carry out a program under which the Sec- evaluate applications for cost-matched Fed- ‘‘(C) the project meets any technical cri- retary shall provide grants to eligible lend- eral funds under this subsection on the basis teria described in the program guidelines; ers to pay the Federal share of creating a re- of— ‘‘(D) the recipient of the credit support and volving loan program under which loans are ‘‘(A) the description of the program to be the parties to the efficiency obligation will provided to commercial and industrial man- carried out with the cost-matched Federal provide the Secretary with— ufacturers to implement commercially avail- funds; ‘‘(i) any information the Secretary re- able technologies or processes that signifi- ‘‘(B) the commitment to provide non-Fed- quests to assess the energy savings that re- cantly— eral funds in accordance with paragraph sult from the project, including historical ‘‘(A) reduce systems energy intensity, in- (2)(D); energy usage data, a simulation-based cluding the use of energy-intensive feed- ‘‘(C) program sustainability over a 10-year benchmark, and detailed descriptions of the stocks; and period; building work, as described in the program ‘‘(B) improve the industrial competitive- ‘‘(D) the capability of the applicant; guidelines; and ness of the United States. ‘‘(E) the quantity of energy savings or en- ‘‘(ii) permission to access information re- ‘‘(2) ELIGIBLE LENDERS.—To be eligible to ergy feedstock minimization; lating to building operations and usage for receive cost-matched Federal funds under ‘‘(F) the advancement of the goal under the period described in the program guide- this subsection, a lender shall— this Act of 25-percent energy avoidance; lines; and ‘‘(A) be a community and economic devel- ‘‘(G) the ability to fund energy efficient ‘‘(E) any other assurances that the Sec- opment lender that the Secretary certifies projects not later than 120 days after the retary determines to be necessary. meets the requirements of this subsection; date of the grant award; and ‘‘(3) DETERMINATION.—Not later than 90 ‘‘(B) lead a partnership that includes par- ‘‘(H) such other factors as the Secretary days after receiving an application, the Sec- ticipation by, at a minimum— determines appropriate. retary shall make a final determination on ‘‘(i) a State government agency; and ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— the application, which may include requests ‘‘(ii) a private financial institution or There are authorized to be appropriated to for additional information. other provider of loan capital; carry out this subsection, $400,000,000 for the ‘‘(g) FEES.— ‘‘(C) submit an application to the Sec- period of fiscal years 2012 through 2021.’’. ‘‘(1) IN GENERAL.—In addition to the fees retary, and receive the approval of the Sec- SEC. 242. COORDINATION OF RESEARCH AND DE- required by section 1702(h)(1), the Secretary retary, for cost-matched Federal funds to VELOPMENT OF ENERGY EFFICIENT may charge reasonable fees for credit sup- carry out a loan program described in para- TECHNOLOGIES FOR INDUSTRY. port provided under this section. graph (1); and (a) IN GENERAL.—As part of the research ‘‘(2) AVAILABILITY.—Fees collected under ‘‘(D) ensure that non-Federal funds are and development activities of the Industrial this section shall be subject to section provided to match, on at least a dollar-for- Technologies Program of the Department of 1702(h)(2). dollar basis, the amount of Federal funds Energy, the Secretary shall establish, as ap- ‘‘(h) UNDERWRITING.—The Secretary may that are provided to carry out a revolving propriate, collaborative research and devel- delegate the underwriting activities under loan program described in paragraph (1). opment partnerships with other programs this section to 1 or more entities that the ‘‘(3) AWARD.—The amount of cost-matched within the Office of Energy Efficiency and Secretary determines to be qualified. Federal funds provided to an eligible lender Renewable Energy (including the Building ‘‘(i) REPORT.—Not later than 1 year after shall not exceed $100,000,000 for any fiscal Technologies Program), the Office of Elec- commencement of the program, the Sec- year. tricity Delivery and Energy Reliability, and retary shall submit to the appropriate com- ‘‘(4) RECAPTURE OF AWARDS.— the Office of Science that— mittees of Congress a report that describes ‘‘(A) IN GENERAL.—An eligible lender that (1) leverage the research and development in reasonable detail— receives an award under paragraph (1) shall expertise of those programs to promote early ‘‘(1) the manner in which this section is be required to repay to the Secretary an stage energy efficiency technology develop- being carried out; amount of cost-match Federal funds, as de- ment; ‘‘(2) the number and type of projects sup- termined by the Secretary under subpara- (2) support the use of innovative manufac- ported; graph (B), if the eligible lender is unable or turing processes and applied research for de- ‘‘(3) the types of funding mechanisms used unwilling to operate a program described in velopment, demonstration, and commer- this subsection for a period of not less than to provide credit support to projects; cialization of new technologies and processes 10 years beginning on the date on which the ‘‘(4) the energy savings expected to result to improve efficiency (including improve- eligible lender first receives funds made from projects supported by this section; ments in efficient use of water), reduce emis- available through the award. ‘‘(5) any tracking efforts the Secretary is sions, reduce industrial waste, and improve ‘‘(B) DETERMINATION BY SECRETARY.—The using to calculate the actual energy savings industrial cost-competitiveness; and Secretary shall determine the amount of produced by the projects; and (3) apply the knowledge and expertise of cost-match Federal funds that an eligible ‘‘(6) any plans to improve the tracking ef- the Industrial Technologies Program to help lender shall be required to repay to the Sec- forts described in paragraph (5). achieve the program goals of the other pro- retary under subparagraph (A) based on the ‘‘(j) FUNDING.— grams. consideration by the Secretary of— ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— (b) REPORTS.—Not later than 2 years after ‘‘(i) the amount of non-Federal funds There is authorized to be appropriated to the the date of enactment of this Act and bienni- matched by the eligible lender; Secretary to carry out this section ally thereafter, the Secretary shall submit ‘‘(ii) the amount of loan losses incurred by $400,000,000 for the period of fiscal years 2012 to Congress a report that describes actions the revolving loan program described in through 2021, to remain available until ex- taken to carry out subsection (a) and the re- paragraph (1); and pended. sults of those actions. ‘‘(iii) any other appropriate factor, as de- ‘‘(2) ADMINISTRATIVE COSTS.—Not more SEC. 243. REDUCING BARRIERS TO THE DEPLOY- termined by the Secretary. than 1 percent of any amounts made avail- MENT OF INDUSTRIAL ENERGY EFFI- ‘‘(C) USE OF RECAPTURED COST-MATCH FED- CIENCY. able to the Secretary under paragraph (1) ERAL FUNDS.—The Secretary may distribute (a) DEFINITIONS.—In this section: may be used by the Secretary for adminis- to eligible lenders under this subsection each (1) INDUSTRIAL ENERGY EFFICIENCY.—The trative costs incurred in carrying out this amount received by the Secretary under this term ‘‘industrial energy efficiency’’ means section.’’. paragraph. the energy efficiency derived from commer- Subtitle C—Industrial Efficiency and ‘‘(5) ELIGIBLE PROJECTS.—A program for cial technologies and measures to improve Competitiveness which cost-matched Federal funds are pro- energy efficiency or to generate or transmit PART I—MANUFACTURING ENERGY vided under this subsection shall be designed electric power and heat, including electric EFFICIENCY to accelerate the implementation of indus- motor efficiency improvements, demand re- SEC. 241. STATE PARTNERSHIP INDUSTRIAL EN- trial and commercial applications of tech- sponse, direct or indirect combined heat and ERGY EFFICIENCY REVOLVING LOAN nologies or processes (including distributed power, and waste heat recovery. PROGRAM. generation, applications or technologies that (2) INDUSTRIAL SECTOR.—The term ‘‘indus- Section 399A of the Energy Policy and Con- use sensors, meters, software, and informa- trial sector’’ means any subsector of the servation Act (42 U.S.C. 6371h–1) is amend- tion networks, controls, and drives or that manufacturing sector (as defined in North ed— have been installed pursuant to an energy American Industry Classification System (1) in the section heading, by inserting savings performance contract, project, or codes 31-33 (as in effect on the date of enact- ‘‘AND INDUSTRY’’ before the period at the end; strategy) that— ment of this Act)) establishments of which (2) by redesignating subsections (h) and (i) ‘‘(A) improve energy efficiency, including have, or could have, thermal host facilities as subsections (i) and (j), respectively; and improvements in efficiency and use of water, with electricity requirements met in whole, (3) by inserting after subsection (g) the fol- power factor, or load management; or in part, by onsite electricity generation, lowing: ‘‘(B) enhance the industrial competitive- including direct and indirect combined heat ‘‘(h) STATE PARTNERSHIP INDUSTRIAL EN- ness of the United States; and and power or waste recovery. ERGY EFFICIENCY REVOLVING LOAN PRO- ‘‘(C) achieve such other goals as the Sec- (3) SECRETARY.—The term ‘‘Secretary’’ GRAM.— retary determines to be appropriate. means the Secretary of Energy.

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(b) REPORT ON THE DEPLOYMENT OF INDUS- (c) INDUSTRIAL RESEARCH AND ASSESSMENT ‘‘(ii) the efforts of utilities and energy TRIAL ENERGY EFFICIENCY.— CENTERS.— service providers; (1) IN GENERAL.—Not later than 1 year after (1) IN GENERAL.—Section 452(e) of the En- ‘‘(iii) the efforts of regional energy effi- the date of enactment of this Act, the Sec- ergy Independence and Security Act of 2007 ciency organizations; and retary shall submit to the Committee on En- (42 U.S.C. 17111(e)) is amended— ‘‘(iv) the efforts of other centers in the re- ergy and Commerce of the House of Rep- (A) by redesignating paragraphs (1) gion of the center of excellence. resentatives and the Committee on Energy through (5) as subparagraphs (A) through (E), ‘‘(6) WORKFORCE TRAINING.— and Natural Resources of the Senate a report respectively, and indenting appropriately; ‘‘(A) IN GENERAL.—The Secretary shall pay describing— (B) by striking ‘‘The Secretary’’ and in- the Federal share of associated internship (A) the results of the study conducted serting the following: programs under which students work with or under paragraph (2); and ‘‘(1) IN GENERAL.—The Secretary’’; for industries, manufacturers, and energy (B) recommendations and guidance devel- (C) in subparagraph (A) (as redesignated by service providers to implement the rec- oped under paragraph (3). subparagraph (A)), by inserting before the ommendations of industrial research and as- (2) STUDY.—The Secretary, in coordination semicolon at the end the following: ‘‘, includ- sessment centers. with the industrial sector, shall conduct a ing assessments of sustainable manufac- ‘‘(B) FEDERAL SHARE.—The Federal share of study of the following: turing goals and the implementation of in- the cost of carrying out internship programs (A) The legal, regulatory, and economic formation technology advancements for sup- described in subparagraph (A) shall be 50 per- barriers to the deployment of industrial en- ply chain analysis, logistics, system moni- cent. ergy efficiency in all electricity markets (in- toring, industrial and manufacturing proc- ‘‘(C) FUNDING.—Subject to the availability cluding organized wholesale electricity mar- esses, and other purposes’’; and of appropriations, of the funds made avail- kets, and regulated electricity markets), in- (D) by adding at the end the following: able under subsection (f), the Secretary shall cluding, as applicable, the following: ‘‘(2) CENTERS OF EXCELLENCE.— use to carry out this paragraph not less than (i) Transmission and distribution inter- ‘‘(A) IN GENERAL.—The Secretary shall es- $5,000,000 for fiscal year 2012 and each fiscal connection requirements. tablish a Center of Excellence at up to 10 of year thereafter. (ii) Standby, back-up, and maintenance ‘‘(7) SMALL BUSINESS LOANS.—The Adminis- fees (including demand ratchets). the highest performing industrial research and assessment centers, as determined by trator of the Small Business Administration (iii) Exit fees. shall, to the maximum practicable, expedite (iv) Life of contract demand ratchets. the Secretary. ‘‘(B) DUTIES.—A Center of Excellence shall consideration of applications from eligible (v) Net metering. small business concerns for loans under the (vi) Calculation of avoided cost rates. coordinate with and advise the industrial research and assessment centers located in the Small Business Act (15 U.S.C. 631 et seq.) to (vii) Power purchase agreements. implement recommendations of industrial (viii) Energy market structures. region of the Center of Excellence. ‘‘(C) FUNDING.—Subject to the availability research and assessment centers established (ix) Capacity market structures. under paragraph (1).’’. (x) Other barriers as may be identified by of appropriations, of the funds made avail- the Secretary, in coordination with the in- able under subsection (f), the Secretary shall SEC. 245. SUSTAINABLE MANUFACTURING INITIA- TIVE. dustrial sector. use to support each Center of Excellence not (a) IN GENERAL.—Part E of title III of the (B) Examples of — less than $500,000 for fiscal year 2012 and each Energy Policy and Conservation Act (42 (i) successful State and Federal policies fiscal year thereafter, as determined by the U.S.C. 6341) is amended by adding at the end that resulted in greater use of industrial en- Secretary. the following: ergy efficiency; ‘‘(3) EXPANSION OF CENTERS.—The Sec- (ii) successful private initiatives that re- retary shall provide funding to establish ad- ‘‘SEC. 376. SUSTAINABLE MANUFACTURING INI- sulted in greater use of industrial energy ef- ditional industrial research and assessment TIATIVE. ficiency; and centers at institutions of higher education ‘‘(a) IN GENERAL.—As part of the Industrial (iii) cost-effective policies used by foreign that do not have industrial research and as- Technologies Program of the Department of countries to foster industrial energy effi- sessment centers established under para- Energy, the Secretary shall carry out a sus- ciency. graph (1), taking into account the size of, tainable manufacturing initiative under (C) The estimated economic benefits to the and potential energy efficiency savings for, which the Secretary, on the request of a national economy of providing the industrial the manufacturing base within the region of manufacturer, shall conduct onsite technical sector with Federal energy efficiency match- the proposed center. assessments to identify opportunities for— ing grants of $5,000,000,000 for 5- and 10-year ‘‘(4) COORDINATION.— ‘‘(1) maximizing the energy efficiency of periods, including benefits relating to— ‘‘(A) IN GENERAL.—To increase the value industrial processes and cross-cutting sys- (i) estimated energy and emission reduc- and capabilities of the industrial research tems; tions; and assessment centers, the centers shall— ‘‘(2) preventing pollution and minimizing (ii) direct and indirect jobs saved or cre- ‘‘(i) coordinate with Manufacturing Exten- waste; ated; sion Partnership Centers of the National In- ‘‘(3) improving efficient use of water in (iii) direct and indirect capital investment; stitute of Standards and Technology; manufacturing processes; (iv) the gross domestic product; and ‘‘(ii) coordinate with the Building Tech- ‘‘(4) conserving natural resources; and (v) trade balance impacts. nologies Program of the Department of En- ‘‘(5) achieving such other goals as the Sec- (D) The estimated energy savings available ergy to provide building assessment services retary determines to be appropriate. from increased use of recycled material in to manufacturers; ‘‘(b) COORDINATION.—The Secretary shall energy-intensive manufacturing processes. ‘‘(iii) increase partnerships with the Na- carry out the initiative in coordination with the private sector and appropriate agencies, (3) RECOMMENDATIONS AND GUIDANCE.—The tional Laboratories of the Department of En- Secretary, in coordination with the indus- ergy to leverage the expertise and tech- including the National Institute of Stand- trial sector, shall develop policy rec- nologies of the National Laboratories for na- ards and Technology to accelerate adoption ommendations regarding the deployment of tional industrial and manufacturing needs; of new and existing technologies or processes industrial energy efficiency, including pro- ‘‘(iv) increase partnerships with energy that improve energy efficiency. posed regulatory guidance to States and rel- service providers and technology providers ‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM evant Federal agencies to address barriers to to leverage private sector expertise and ac- FOR SUSTAINABLE MANUFACTURING AND IN- deployment. celerate deployment of new and existing DUSTRIAL TECHNOLOGIES AND PROCESSES.—As part of the Industrial Technologies Program SEC. 244. FUTURE OF INDUSTRY PROGRAM. technologies and processes for energy effi- of the Department of Energy, the Secretary (a) IN GENERAL.—Section 452 of the Energy ciency, power factor, and load management; Independence and Security Act of 2007 (42 ‘‘(v) identify opportunities for reducing shall carry out a joint industry-government U.S.C. 17111) is amended by striking the sec- greenhouse gas emissions; and partnership program to research, develop, tion heading and inserting the following: ‘‘(vi) promote sustainable manufacturing and demonstrate new sustainable manufacturing and industrial technologies and proc- ‘‘FUTURE OF INDUSTRY PROGRAM’’. practices for small- and medium-sized manu- (b) DEFINITION OF ENERGY SERVICE PRO- facturers. esses that maximize the energy efficiency of VIDER.—Section 452(a) of the Energy Inde- ‘‘(5) OUTREACH.—The Secretary shall pro- industrial systems, reduce pollution, and pendence and Security Act of 2007 (42 U.S.C. vide funding for— conserve natural resources. 17111(a)) is amended— ‘‘(A) outreach activities by the industrial ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— (1) by redesignating paragraphs (3) through research and assessment centers to inform There is authorized to be to carry out this (5) as paragraphs (4) through (6), respec- small- and medium-sized manufacturers of section $10,000,000 for the period of fiscal tively; and the information, technologies, and services years 2012 through 2021.’’. (2) by inserting after paragraph (3): available; and (b) TABLE OF CONTENTS.—The table of con- ‘‘(5) ENERGY SERVICE PROVIDER.—The term ‘‘(B) a full-time equivalent employee at tents of the Energy Policy and Conservation ‘energy service provider’ means any private each center of excellence whose primary mis- Act (42 U.S.C. prec. 6201) is amended by add- company or similar entity providing tech- sion shall be to coordinate and leverage the ing at the end of the items relating to part nology or services to improve energy effi- efforts of the center with— E of title III the following: ciency in an energy-intensive industry.’’. ‘‘(i) Federal and State efforts; ‘‘Sec. 376. Sustainable manufacturing initiative.’’.

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0655 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S6001 SEC. 246. STUDY OF ADVANCED ENERGY TECH- ‘‘(2) work to enhance industry and public control that reduces motor energy use by NOLOGY MANUFACTURING CAPA- awareness of the Supply Star program; not less than 5 percent; and BILITIES IN THE UNITED STATES. ‘‘(3) collect and disseminate data on supply (B) the physical nameplate of the installed (a) IN GENERAL.—Not later than 60 days chain energy resource consumption; motor of the entity to which the energy sav- after the date of enactment of this Act, the ‘‘(4) develop and disseminate metrics, proc- ing motor control is attached. Secretary shall enter into an arrangement esses, and analytical tools (including soft- (2) AUTHORIZED AMOUNT OF REBATE.—The with the National Academy of Sciences ware) for evaluating supply chain energy re- Secretary may provide to an entity that under which the Academy shall conduct a source use; meets the requirements of paragraph (1) a re- study of the development of advanced manu- ‘‘(5) develop guidance at the sector level bate the amount of which shall be equal to facturing capabilities for various energy for improving supply chain efficiency; the product obtained by multiplying— technologies, including— ‘‘(6) work with domestic and international (A) the nameplate horsepower of the elec- (1) an assessment of the manufacturing organizations to harmonize approaches to tric motor to which the energy saving motor supply chains of established and emerging analyzing supply chain efficiency, including control is attached; and industries; the development of a consistent set of tools, (B) $25. (2) an analysis of— templates, calculators, and databases; and (c) AUTHORIZATION OF APPROPRIATIONS.— (A) the manner in which supply chains ‘‘(7) work with industry, including small There is authorized to be appropriated to have changed over the 25-year period ending businesses, to improve supply chain effi- carry out this section $5,000,000 for each of on the date of enactment of this Act; ciency through activities that include— fiscal years 2012 and 2013, to remain available (B) current trends in supply chains; and ‘‘(A) developing and sharing best practices; until expended. (C) the energy intensity of each part of the and PART IV—TRANSFORMER REBATE supply chain and opportunities for improve- ‘‘(B) providing opportunities to benchmark PROGRAM ment; supply chain efficiency. SEC. 271. ENERGY EFFICIENT TRANSFORMER RE- (3) for each technology or manufacturing ‘‘(d) EVALUATION.—In any evaluation of sector, an analysis of which sections of the BATE PROGRAM. supply chain efficiency carried out by the (a) DEFINITION OF QUALIFIED TRANS- supply chain are critical for the United Secretary with respect to a specific product, FORMER.—In this section, the term ‘‘qualified States to retain or develop to be competitive the Secretary shall consider energy con- transformer’’ means a transformer that in the manufacturing of the technology; sumption and resource use throughout the meets or exceeds the National Electrical (4) an assessment of which emerging en- entire lifecycle of a product, including pro- Manufacturers Association (NEMA) Pre- ergy technologies the United States should duction, transport, packaging, use, and dis- mium Efficiency designation, calculated to 2 focus on to create or enhance manufacturing posal. decimal points, as having 30 percent fewer capabilities; and ‘‘(e) GRANTS AND INCENTIVES.— losses than the NEMA TP-1-2002 efficiency (5) recommendations on leveraging the ex- ‘‘(1) IN GENERAL.—The Secretary may standard for a transformer of the same num- pertise of energy efficiency and renewable award grants or other forms of incentives on ber of phases and capacity, as measured in energy user facilities so that best materials a competitive basis to eligible entities, as kilovolt-amperes. and manufacturing practices are designed determined by the Secretary, for the pur- (b) ESTABLISHMENT.—Not later than Janu- and implemented. poses of— ary 1, 2012, the Secretary of Energy (referred (b) REPORT.—Not later than 2 years after ‘‘(A) studying supply chain energy resource to in this section as the ‘‘Secretary’’) shall the date on which the Secretary enters into efficiency; and establish a program to provide rebates for the agreement with the Academy described ‘‘(B) demonstrating and achieving reduc- expenditures made by owners of commercial in subsection (a), the Academy shall submit tions in the energy resource consumption of buildings and multifamily residential build- to the Committee on Energy and Natural Re- commercial products through changes and ings for the purchase and installation of a sources of the Senate, the Committee on En- improvements to the production supply and new energy efficient transformers. ergy and Commerce of the House of Rep- distribution chain of the products. (c) REQUIREMENTS.— resentatives, and the Secretary a report de- ‘‘(2) USE OF INFORMATION.—Any informa- (1) APPLICATION.—To be eligible to receive scribing the results of the study required tion or data generated as a result of the a rebate under this section, an owner shall under this section, including any findings grants or incentives described in paragraph submit to the Secretary an application in and recommendations. (1) shall be used to inform the development such form, at such time, and containing such SEC. 247. INDUSTRIAL TECHNOLOGIES STEERING of the Supply Star Program. information as the Secretary may require, COMMITTEE. ‘‘(f) TRAINING.—The Secretary shall use including demonstrated evidence that the The Secretary shall establish an advisory funds to support professional training pro- owner purchased a qualified transformer. steering committee that includes national grams to develop and communicate methods, (2) AUTHORIZED AMOUNT OF REBATE.—For trade associations representing energy-in- practices, and tools for improving supply qualified transformers, rebates, in dollars tensive industries or energy service pro- chain efficiency. per kilovolt-ampere (referred to in this para- viders to provide recommendations to the ‘‘(g) EFFECT OF IMPACT ON CLIMATE graph as ‘‘kVA’’) shall be— Secretary on planning and implementation CHANGE.—For purposes of this section, the (A) for 3-phase transformers— of the Industrial Technologies Program of impact on climate change shall not be a fac- (i) with a capacity of not greater than 10 the Department of Energy. tor in determining supply chain efficiency. kVA, $15; PART II—SUPPLY STAR ‘‘(h) EFFECT OF OUTSOURCING OF AMERICAN (ii) with a capacity of not less than 10 kVA SEC. 251. SUPPLY STAR. JOBS.—For purposes of this section, the out- and not greater than 100 kVA, the difference Part B of title III of the Energy Policy and sourcing of American jobs in the production between 15 and the quotient obtained by di- Conservation Act (42 U.S.C. 6291) is amended of a product shall not count as a positive fac- viding— by inserting after section 324A (42 U.S.C. tor in determining supply chain efficiency. (I) the difference between— 6294a) the following: ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— (aa) the capacity of the transformer in There are authorized to be appropriated to ‘‘SEC. 324B. SUPPLY STAR PROGRAM. kVA; and carry out this section $10,000,000 for the pe- ‘‘(a) IN GENERAL.—There is established (bb) 10; by riod of fiscal years 2012 through 2021.’’. within the Department of Energy a Supply (II) 9; and Star program to identify and promote prac- PART III—ELECTRIC MOTOR REBATE (iii) with a capacity greater than or equal tices, recognize companies, and, as appro- PROGRAM to 100 kVA, $5; and priate, recognize products that use highly ef- SEC. 261. ENERGY SAVING MOTOR CONTROL RE- (B) for single-phase transformers, 75 per- ficient supply chains in a manner that con- BATE PROGRAM. cent of the rebate for a 3-phase transformer serves energy, water, and other resources. (a) ESTABLISHMENT.—Not later than Janu- of the same capacity. ‘‘(b) COORDINATION.—In carrying out the ary 1, 2012, the Secretary of Energy (referred (d) AUTHORIZATION OF APPROPRIATIONS.— program described in subsection (a), the Sec- to in this section as the ‘‘Secretary’’) shall There is authorized to be appropriated to retary shall— establish a program to provide rebates for carry out this section $5,000,000 for each of ‘‘(1) consult with other appropriate agen- expenditures made by entities for the pur- fiscal years 2012 and 2013, to remain available cies; and chase and installation of a new constant until expended. ‘‘(2) coordinate efforts with the Energy speed electric motor control that reduces Subtitle D—Federal Agency Energy Star program established under section 324A. motor energy use by not less than 5 percent. Efficiency ‘‘(c) DUTIES.—In carrying out the Supply (b) REQUIREMENTS.— SEC. 281. ADOPTION OF PERSONAL COMPUTER Star program described in subsection (a), the (1) APPLICATION.—To be eligible to receive POWER SAVINGS TECHNIQUES BY Secretary shall— a rebate under this section, an entity shall FEDERAL AGENCIES. ‘‘(1) promote practices, recognize compa- submit to the Secretary an application in (a) IN GENERAL.—Not later than 360 days nies, and, as appropriate, recognize products such form, at such time, and containing such after the date of enactment of this Act, the that comply with the Supply Star program information as the Secretary may require, Secretary of Energy, in consultation with as the preferred practices, companies, and including— the Secretary of Defense, the Secretary of products in the marketplace for maximizing (A) demonstrated evidence that the entity Veterans Affairs, and the Administrator of supply chain efficiency; purchased a constant speed electric motor General Services, shall issue guidance for

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S6002 CONGRESSIONAL RECORD — SENATE August 2, 2012 Federal agencies to employ advanced tools ‘‘(ii) recommendations on standard re- SEC. 287. STUDY ON FEDERAL DATA CENTER allowing energy savings through the use of quirements or guidelines for automated en- CONSOLIDATION. computer hardware, energy efficiency soft- ergy management systems, including— (a) IN GENERAL.—The Secretary of Energy ware, and power management tools. ‘‘(I) potential common communications shall conduct a study on the feasibility of a (b) REPORTS ON PLANS AND SAVINGS.—Not standards to allow data sharing and report- government-wide data center consolidation, later than 180 days after the date of the ing; with an overall Federal target of a minimum issuance of the guidance under subsection ‘‘(II) means of facilitating continuous com- of 800 Federal data center closures by Octo- (a), each Federal agency shall submit to the missioning of buildings and evidence-based ber 1, 2015. Secretary of Energy a report that describes— maintenance of buildings and building sys- (b) COORDINATION.—In conducting the (1) the plan of the agency for implementing tems; and study, the Secretary shall coordinate with the guidance within the agency; and ‘‘(III) standards for sufficient levels of se- Federal data center program managers, fa- (2) estimated energy and financial savings curity and protection against cyber threats cilities managers, and sustainability officers. from employing the tools described in sub- to ensure systems cannot be controlled by (c) REPORT.—Not later than 1 year after section (a). unauthorized persons; and the date of enactment of this Act, the Sec- SEC. 282. AVAILABILITY OF FUNDS FOR DESIGN ‘‘(iii) an analysis of— retary shall submit to Congress a report that UPDATES. ‘‘(I) the types of advanced metering and describes the results of the study, including Section 3307 of title 40, United States Code, monitoring systems being piloted, tested, or a description of agency best practices in data is amended— installed in Federal buildings; and center consolidation. (1) by redesignating subsections (d) ‘‘(II) existing techniques used within the Subtitle E—Miscellaneous through (h) as subsections (e) through (i), re- private sector or other non-Federal govern- spectively; and ment buildings.’’. SEC. 291. OFFSETS. (a) ZERO-NET ENERGY COMMERCIAL BUILD- (2) by inserting after subsection (c) the fol- SEC. 284. FEDERAL ENERGY MANAGEMENT AND INGS INITIATIVE.—Section 422(f) of the Energy lowing: DATA COLLECTION STANDARD. Independence and Security Act of 2007 (42 ‘‘(d) AVAILABILITY OF FUNDS FOR DESIGN Section 543 of the National Energy Con- U.S.C. 17082(f)) is amended by striking para- UPDATES.— servation Policy Act (42 U.S.C. 8253) is graphs (2) through (4) and inserting the fol- ‘‘(1) IN GENERAL.—Subject to paragraph (2), amended— lowing: for any project for which congressional ap- (1) by redesignating the second subsection ‘‘(2) $50,000,000 for each of fiscal years 2009 proval is received under subsection (a) and (f) (as added by section 434(a) of Public Law through 2012; for which the design has been substantially 110–140 (121 Stat. 1614)) as subsection (g); and ‘‘(3) $100,000,000 for fiscal year 2013; and completed but construction has not begun, (2) in subsection (f)(7), by striking subpara- ‘‘(4) $200,000,000 for each of fiscal years 2014 the Administrator of General Services may graph (A) and inserting the following: through 2018.’’. use appropriated funds to update the project ‘‘(A) IN GENERAL.—For each facility that (b) ENERGY SUSTAINABILITY AND EFFICIENCY design to meet applicable Federal building meets the criteria established by the Sec- GRANTS AND LOANS FOR INSTITUTIONS.—Sub- energy efficiency standards established retary under paragraph (2)(B), the energy section (j) of section 399A of the Energy Pol- under section 305 of the Energy Conservation manager shall use the web-based tracking icy and Conservation Act (42 U.S.C. 6371h–1) and Production Act (42 U.S.C. 6834) and other system under subparagraph (B)— (as redesignated by section 241(2)) is amend- requirements established under section 3312. ‘‘(i) to certify compliance with the require- ed— ‘‘(2) LIMITATION.—The use of funds under ments for— (1) in paragraph (1), by striking ‘‘through paragraph (1) shall not exceed 125 percent of ‘‘(I) energy and water evaluations under 2013’’ and inserting ‘‘and 2010, $100,000,000 for the estimated energy or other cost savings paragraph (3); each of fiscal years 2011 and 2012, and associated with the updates as determined ‘‘(II) implementation of identified energy $250,000,000 for fiscal year 2013’’; and by a life-cycle cost analysis under section 544 and water measures under paragraph (4); and (2) in paragraph (2), by striking ‘‘through of the National Energy Conservation Policy ‘‘(III) follow-up on implemented measures 2013’’ and inserting ‘‘and 2010, $100,000,000 for Act (42 U.S.C. 8254).’’. under paragraph (5); and each of fiscal years 2011 and 2012, and SEC. 283. BEST PRACTICES FOR ADVANCED ME- ‘‘(ii) to publish energy and water consump- $425,000,000 for fiscal year 2013’’. TERING. tion data on an individual facility basis.’’. (c) WASTE ENERGY RECOVERY INCENTIVE Section 543(e) of the National Energy Con- SEC. 285. ELECTRIC VEHICLE CHARGING INFRA- PROGRAM.—Section 373(f)(1) of the Energy servation Policy Act (42 U.S.C. 8253(e) is STRUCTURE. Policy and Conservation Act (42 U.S.C. amended by striking paragraph (3) and in- Section 804(4) of the National Energy Con- 6343(f)(1)) is amended— serting the following: servation Policy Act (42 U.S.C. 8287c(4)) is (1) by redesignating subparagraph (B) as ‘‘(3) PLAN.— amended— subparagraph (D); and ‘‘(A) IN GENERAL.—Not later than 180 days (1) in subparagraph (A), by striking ‘‘or’’ (2) by striking subparagraph (A) and in- after the date on which guidelines are estab- after the semicolon; serting the following: lished under paragraph (2), in a report sub- (2) in subparagraph (B), by striking the pe- ‘‘(A) $100,000,000 for fiscal year 2008; mitted by the agency under section 548(a), riod at the end and inserting ‘‘; or’’; and ‘‘(B) $200,000,000 for each of fiscal years 2009 each agency shall submit to the Secretary a (3) by adding at the end the following: and 2010; plan describing the manner in which the ‘‘(C) a measure to support the use of elec- ‘‘(C) $100,000,000 for each of fiscal years 2011 agency will implement the requirements of tric vehicles or the fueling or charging infra- and 2012; and’’. paragraph (1), including— NERGY-INTENSIVE INDUSTRIES PRO- structure necessary for electric vehicles.’’. (d) E ‘‘(i) how the agency will designate per- GRAM.—Section 452(f)(1) of the Energy Inde- sonnel primarily responsible for achieving SEC. 286. FEDERAL PURCHASE REQUIREMENT. pendence and Security Act of 2007 (42 U.S.C. the requirements; and Section 203 of the Energy Policy Act of 17111(f)(1)) is amended— ‘‘(ii) a demonstration by the agency, com- 2005 (42 U.S.C. 15852) is amended— (1) in subparagraph (D), by striking plete with documentation, of any finding (1) in subsections (a) and (b)(2), by striking ‘‘$202,000,000’’ and inserting ‘‘$102,000,000’’; that advanced meters or advanced metering ‘‘electric energy’’ each place it appears and and devices (as those terms are used in paragraph inserting ‘‘electric, direct, and thermal en- (2) in subparagraph (E), by striking (1)), are not practicable. ergy’’; ‘‘$208,000,000’’ and inserting ‘‘$108,000,000’’. ‘‘(B) UPDATES.—Reports submitted under (2) in subsection (b)(2)— SEC. 292. ADVANCE APPROPRIATIONS REQUIRED. subparagraph (A) shall be updated annually. (A) by inserting ‘‘, or avoided by,’’ after The authorization of amounts under this ‘‘(4) BEST PRACTICES REPORT.— ‘‘generated from’’; and title and the amendments made by this title ‘‘(A) IN GENERAL.—Not later than 180 days (B) by inserting ‘‘(including ground-source, shall be effective for any fiscal year only to after the date of enactment of the Energy reclaimed, and ground water)’’after ‘‘geo- the extent and in the amount provided in ad- Savings and Industrial Competitiveness Act thermal’’; vance in appropriations Acts. of 2012, the Secretary of Energy, in consulta- (3) by redesignating subsection (d) as sub- tion with the Secretary of Defense and the section (e); and SA 2773. Mr. REID (for Mr. LEAHY Administrator of General Services, shall de- (4) by inserting after subsection (c) the fol- (for himself, Mr. GRASSLEY, Mr. PAUL, velop, and issue a report on, best practices lowing: and Mr. HATCH)) proposed an amend- for the use of advanced metering of energy ‘‘(d) SEPARATE CALCULATION.—Renewable ment to the bill S. 3245, to extend by 3 use in Federal facilities, buildings, and energy produced at a Federal facility, on years the authorization of the EB–5 Re- equipment by Federal agencies. Federal land, or on Indian land (as defined in gional Center Program, the E-Verify ‘‘(B) UPDATING.—The report described section 2601 of the Energy Policy Act of 1992 Program, the Special Immigrant Non- under subparagraph (A) shall be updated an- (25 U.S.C. 3501))— nually. ‘‘(1) shall be calculated (on a BTU-equiva- minister Religious Worker Program, ‘‘(C) COMPONENTS.—The report shall in- lent basis) separately from renewable energy and the Conrad State 30 J–1 Visa Waiv- clude, at a minimum— used; and er Program; as follows: ‘‘(i) summaries and analysis of the reports ‘‘(2) may be used individually or in com- Strike all after the enacting clause and in- by agencies under paragraph (3); bination to comply with subsection (a).’’. sert the following:

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S6003 SECTION 1. REAUTHORIZATION OF EB–5 RE- (3) welcomes the ongoing efforts of the (10) calls on the President to place restric- GIONAL CENTER PROGRAM. United States Government to assist regional tions on any individuals or governments Section 610 of the Departments of Com- governments to bring Joseph Kony to justice found to be providing training, supplies, fi- merce, Justice, and State, the Judiciary, and and end atrocities perpetuated by the Lord’s nancing, or support of any kind to Joseph Related Agencies Appropriations Act, 1993 (8 Resistance Army, pursuant to the com- Kony or the Lord’s Resistance Army; U.S.C. 1153 note) is amended— prehensive strategy required by the Lord’s (11) urges that civilian protection and (1) by striking ‘‘pilot’’ each place such Resistance Army Disarmament and Northern early-warning programs led by regional mili- term appears; and Uganda Recovery Act of 2009; taries and the United States Agency for (2) in subsection (b), by striking ‘‘Sep- (4) calls on the President to keep Congress International Development continue to be tember 30, 2012’’ and inserting ‘‘September fully informed of the efforts of the United prioritized in areas affected by the Lord’s 30, 2015’’. States Government and to work closely with Resistance Army and that steps be taken to SEC. 2. REAUTHORIZATION OF E–VERIFY. Congress to identify and address critical inform potentially vulnerable communities Section 401(b) of the Illegal Immigration gaps in the United States Government’s about known Lord’s Resistance Army move- Reform and Immigrant Responsibility Act of strategy to support the efforts of the re- ments and threats; 1996 (8 U.S.C. 1324a note) is amended by gional governments to counter the Lord’s (12) welcomes the recent defections of men, striking ‘‘September 30, 2012’’ and inserting Resistance Army; women, and children from the ranks of the ‘‘September 30, 2015’’. (5) commends the Department of Defense, Lord’s Resistance Army, and calls on govern- SEC. 3. REAUTHORIZATION OF SPECIAL IMMI- United States Africa Command (U.S. ments in the region and the international GRANT NONMINISTER RELIGIOUS AFRICOM), and members of the United community to continue to support safe re- WORKER PROGRAM. States Armed Forces currently deployed to turn, demobilization, rehabilitation, and re- Section 101(a)(27)(C)(ii) of the Immigration serve as advisors to the national militaries integration efforts; and and Nationality Act (8 U.S.C. in the region seeking to protect local com- (13) urges the Governments of Uganda, the 1101(a)(27)(C)(ii)) is amended— munities and pursuing Joseph Kony and top Democratic Republic of Congo, the Republic (1) in subclause (II), by striking ‘‘Sep- Lord’s Resistance Army commanders; of South Sudan, the Republic of Sudan, and tember 30, 2012’’ and inserting ‘‘September (6) commends the African Union for com- the Central African Republic to work to- 30, 2015’’; and mitting to enhance troop deployments in gether to address the ongoing threat posed (2) in subclause (III), by striking ‘‘Sep- order to fortify the military response to the by the Lord’s Resistance Army. tember 30, 2012’’ and inserting ‘‘September Lord’s Resistance Army, in coordination 30, 2015’’. with the Governments of Uganda, the Cen- SA 2776. Mr. REID (for Mr. BROWN of SEC. 4. REAUTHORIZATION OF CONRAD STATE 30 tral African Republic, the Democratic Re- Ohio) proposed an amendment to the J–1 VISA WAIVER PROGRAM. public of Congo, and the Republic of South resolution S. Res. 418, amend the title Section 220(c) of the Immigration and Na- Sudan, and in order to strengthen ongoing tionality Technical Corrections Act of 1994 (8 efforts to apprehend Joseph Kony and senior so as to read: ‘‘Commemorating the U.S.C. 1182 note) is amended by striking commanders of the Lord’s Resistance Army 70th anniversary and commending the ‘‘September 30, 2012’’ and inserting ‘‘Sep- or remove them from the battlefield; brave men of the 17th Bombardment tember 30, 2015’’. (7) supports increased collaboration and co- Group (Medium) who became known as SEC. 5. NO AUTHORITY FOR NATIONAL IDENTI- ordination between the African Union and the ‘‘Doolittle Tokyo Raiders’’ for out- FICATION CARD. the Governments of Uganda, the Central Af- standing heroism, valor, skill, and Nothing in this Act may be construed to rican Republic, the Democratic Republic of authorize the planning, testing, piloting, or service to the United States in con- Congo, and the Republic of South Sudan in ducting the bombing of Tokyo on April development of a national identification order to apprehend Joseph Kony or remove card. him from the battlefield; 18, 1942.’’; as follows: (8) supports continued efforts by the Sec- Strike all after the resolving clause and in- SA 2774. Mr. REID (for Mr. LEAHY retary of State and representatives of the sert the following: (for himself and Mr. GRASSLEY)) pro- United States to work with partner nations That the Senate— posed an amendment to the bill S. 3245, and the international community— (1) recognizes the valor, skill, and courage to extend by 3 years the authorization (A) to strengthen the capabilities of re- of the Raiders that proved invaluable to the of the EB–5 Regional Center Program, gional military forces deployed to protect ci- eventual defeat of Japan during the Second the E-Verify Program, the Special Im- vilians and pursue commanders of the Lord’s World War; (2) acknowledges that the actions of the migrant Nonminister Religious Worker Resistance Army; (B) to enhance cooperation and cross-bor- Raiders helped to forge an enduring example Program, and the Conrad State 30 J–1 der coordination among regional govern- of heroism in the face of uncertainty for the Visa Waiver Program; as follows: ments; Army Air Force of the Second World War, Amend the title so as to read: ‘‘A bill to (C) to promote increased contributions the future of the Air Force, and the United extend by 3 years the authorization of the from donor nations for regional efforts to ad- States as a whole; and EB–5 Regional Center Program, the E–Verify dress the Lord’s Resistance Army; and (3) commends the 5 living members and 80 Program, the Special Immigrant Nonmin- (D) to enhance overall efforts to increase original members of the Doolittle Tokyo ister Religious Worker Program, and the civilian protection to populations affected Raiders for their participation in the Tokyo Conrad State 30 J–1 Visa Waiver Program.’’. by the Lord’s Resistance Army; bombing raid of April 18, 1942. (9) calls on the Secretary of State, the Sec- SA 2775. Mr. REID (for Mr. COONS) retary of Defense, the Administrator of the SA 2777. Mr. REID (for Mr. BROWN of proposed an amendment to the resolu- United States Agency for International De- Ohio) proposed an amendment to the tion S. Res. 402, condemning Joseph velopment, and the heads of other relevant resolution S. Res. 418, amend the title Kony and the Lord’s Resistance Army government agencies to utilize existing so as to read: ‘‘Commemorating the for committing crimes against human- funds for ongoing programs— 70th anniversary and commending the ity and mass atrocities, and supporting (A) to enhance mobility, intelligence, and brave men of the 17th Bombardment ongoing efforts by the United States logistical capabilities for regional partner Group (Medium) who became known as Government and governments in cen- forces engaged in efforts to protect civilians and apprehend or remove Joseph Kony and the ‘‘Doolittle Tokyo Raiders’’ for out- tral Africa to remove Joseph Kony and his top commanders from the battlefield; standing herosim, valor, skill, and Lord’s Resistance Army commanders (B) to expand physical access and tele- service to the United States in con- from the battlefield; as follows: communications infrastructure to facilitate ducting the bombing of Tokyo on April Strike all after the resolving clause and in- the timely flow of information and access for 18, 1942.’’; as follows: sert the following: ‘‘That the Senate— humanitarian and protection actors; Strike the preamble and insert the fol- (1) condemns Joseph Kony and the Lord’s (C) to support programs to encourage and lowing: Resistance Army for committing crimes help non-indicted Lord’s Resistance Army Whereas brave American aircraft crewmen, against humanity and mass atrocities, and commanders, fighters, abductees, and associ- led by Lieutenant Colonel James Doolittle, supports ongoing efforts by the United ated noncombatants to safely defect from volunteered for an ‘‘extremely hazardous States and countries in central Africa to re- the group, including through radio and commission’’ without knowing the target, loca- move Joseph Kony and Lord’s Resistance munity programs; and tion, or assignment and willingly put their Army commanders from the battlefield; (D) to support regionally-led rehabilitation lives in harm’s way, risking death, capture, (2) commends continued efforts by the Gov- programs for children and youth affected by and torture; ernments of Uganda, the Democratic Repub- war that are tailored to address the specific Whereas the conducting of medium bomber lic of Congo, the Republic of South Sudan, trauma and physical and mental abuse these operations from a Navy aircraft carrier the Central African Republic, and other children and youth may have experienced as under combat conditions had never before countries in the region, as well as the Afri- a result of indoctrination by the Lord’s Re- been attempted; can Union and United Nations, to end the sistance Army and to serve to reconnect Whereas after the discovery of the USS threat posed by the Lord’s Resistance Army; them with their families and communities; Hornet by Japanese picket ships 170 miles

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S6004 CONGRESSIONAL RECORD — SENATE August 2, 2012 further away from the prearranged launch Republic of China have committed to ‘‘exer- The PRESIDING OFFICER. Without point, the Raiders proceeded to take off 670 cise self-restraint in the conduct of activi- objection, it is so ordered. miles from the coast of Japan; ties that would complicate or escalate dis- Whereas by launching more than 100 miles putes and stability, including, among others, f beyond the distance considered to be mini- refraining from action of inhabiting pres- PRIVILEGES OF THE FLOOR mally safe for the mission, the Raiders delib- ently uninhabited islands, reefs, shoals, and erately accepted the risk that the B–25s other features and to handle their differences Mr. REID. Mr. President, I ask unan- might not have enough fuel to reach the des- in a constructive manner’’; imous consent that the following staff ignated airfields in China; Whereas, pending the peaceful settlement of the Finance Committee be allowed Whereas the additional launch distance of territorial and jurisdictional disputes, the on the Senate floor for the duration of greatly increased the risk of crash landing in member states of ASEAN and the People’s today’s session: Dan West, Micah Japanese occupied China, exposing the crews Republic of China affirmed their commit- Scudder, and Heather Sykes. to higher probability of death, injury, or cap- ment ‘‘to the freedom of navigation in and ture; overflight of the South China Sea provided The ACTING PRESIDENT pro tem- Whereas because of that deliberate choice, for by the universally recognized principles pore. Without objection, it is so or- after bombing their targets in Japan, low on of international law, including the 1982 UN dered. fuel and in setting night and deteriorating Convention on the Law of the Sea’’; f weather, none of the 16 airplanes reached the Whereas, although not a party to these dis- prearranged Chinese airfields; putes, the United States has national inter- UNANIMOUS CONSENT AGREE- Whereas of the 80 Raiders who launched on ests in freedom of navigation, the mainte- MENT—EXECUTIVE CALENDAR the raid, 8 were captured, 2 died in the crash, nance of peace and stability, respect for Mr. REID. I ask unanimous consent and 70 returned to the United States; and international law, and unimpeded lawful Whereas of the 8 captured, 3 were executed commerce; that on Monday, September 10, 2012, at and 1 died of disease: Now, therefore, be it Whereas the Government of the People’s 5 p.m., the Senate proceed to executive Republic of China has recently taken unilat- session to consider the following nomi- SA 2778. Mr. REID (for Mr. BROWN of eral steps to declare the Paracel and Spratly nation: Calendar No. 664; that there be Ohio) proposed an amendment to the Islands, and their adjacent waters to be a 30 minutes for debate equally divided resolution S. Res. 418, amend the title prefectural-level city, and has identified gov- in the usual form; that upon the use or so as to read: ‘‘Commemorating the ernment leaders to assert administrative yielding back of time, the Senate pro- 70th anniversary and commending the control over 200 islets, sandbanks, and reefs ceed to vote without intervening ac- and 2,000,000 square kilometers of water; brave men of the 17th Bombardment Whereas the Central Military Commission tion or debate on the nomination; that Group (Medium) who became known as in China also announced the deployment of a the motion to reconsider be considered the ‘‘Doolittle Tokyo Raiders’’ for out- garrison of soldiers to this area; and made and laid upon the table with no standing heroism, valor, skill, and Whereas these steps are contrary to agreed intervening action or debate; that no service to the United States in con- upon principles with regard to resolving dis- further motions be in order; that any ducting the bombing of Tokyo on April putes and impede a peaceful resolution of the related statements be printed in the 18, 1942.’’; as follows: sovereignty disputes in the South China Sea: RECORD; that President Obama be im- Now, therefore, be it Amend the title so as to read ‘‘Commemo- mediately notified of the Senate’s ac- rating the 70th anniversary and commending f tion and the Senate then resume legis- the brave men of the 17th Bombardment AUTHORITY FOR COMMITTEES TO lative session. Group (Medium) who became known as the MEET The PRESIDING OFFICER. Without ‘‘Doolittle Tokyo Raiders’’ for outstanding objection, it is so ordered. heroism, valor, skill, and service to the COMMITTEE ON FINANCE United States in conducting the bombing of Mr. REID. Mr. President, I ask unan- f Tokyo on April 18, 1942.’’ imous consent that the Committee on EXECUTIVE SESSION Finance be authorized to meet during SA 2779. Mr. REID (for Mr. WEBB (for the session of the Senate on August 2, himself, Mr. KERRY, Mr. LUGAR, Mr. 2012, at 10 a.m., in room 215 of the Dirk- EXECUTIVE CALENDAR INHOFE, Mr. LIEBERMAN, Mr. MCCAIN, sen Senate Office Building. and Mr. LEVIN)) proposed an amend- The PRESIDING OFFICER. Without Mr. REID. I ask unanimous consent ment to the resolution S. Res. 524, re- objection, it is so ordered. that the Senate proceed to executive session to consider the following nomi- affirming the strong support of the COMMITTEE ON THE JUDICIARY nations: Calendar No. 450, 609, 709, 718, United States for the 2002 declaration Mr. REID. Mr. President, I ask unan- 719, 720, 723, 825, 826, 827, 831, 837, 838, of conduct of parties in the South imous consent that the Committee on 841, 858, 859, 860, 861, 862, 863, 864, 865, China Sea among the member states of the Judiciary be authorized to meet 866, 867, 868, 869, 872, 874, and all nomi- ASEAN and the People’s Republic of during the session of the Senate, on nations placed on the Secretary’s desk China, and for other purposes; as fol- August 2, 2012, at 10 a.m., in SD–226 of in the Foreign Service; that the nomi- lows: the Dirksen Senate Office Building, to nations be confirmed en bloc; that the In the preamble, strike the 6th whereas conduct an executive business meeting. motions to reconsider be considered clause and all that follows through the end The PRESIDING OFFICER. Without made and laid upon the table with no and insert the following: objection, it is so ordered. Whereas ASEAN plays an important role, intervening action or debate; that no in partnership with others in the regional SELECT COMMITTEE ON INTELLIGENCE further motions be in order to any of and international community, in addressing Mr. REID. Mr. President, I ask unan- the nominations; that any related imous consent that the Select Com- maritime security issues in the Asia-Pacific statements be printed in the RECORD; region and into the Indian Ocean, including mittee on Intelligence be authorized to that President Obama be immediately open access to the maritime domain of Asia; meet during the session of the Senate Whereas the South China Sea is a vital notified of the Senate’s action and the on August 2, 2012, at 2:30 p.m. Senate then resume legislative session. part of the maritime domain of Asia, includ- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ing critical sea lanes of communication and objection, it is so ordered. commerce between the Pacific and Indian objection, it is so ordered. oceans; SUBCOMMITTEE ON SECURITY, INSURANCE, AND The nominations considered and con- INVESTMENT Whereas, in the declaration on the conduct firmed en bloc are as follows: of parties in the South China Sea, the gov- Mr. REID. Mr. President, I ask unan- NOMINATIONS ernments of the member states of ASEAN imous consent that the Committee on and the Government of the People’s Republic Banking, Housing, and Urban Affairs HARRY S TRUMAN SCHOLARSHIP FOUNDATION of China have affirmed ‘‘that the adoption of Subcommittee on Securities, Insur- Laura A. Cordero, of the District of Colum- a code of conduct in the South China Sea ance, and Investment be authorized to bia, to be a Member of the Board of Trustees would further promote peace and stability in meet during the session of the Senate of the Harry S Truman Scholarship Founda- the region’’ and have agreed to work towards tion for a term expiring December 15, 2015. the attainment of a code of conduct; on August 2, 2012, at 9 a.m., to conduct Steven H. Cohen, of Illinois, to be a Mem- Whereas, pending the peaceful settlement a hearing entitled ‘‘Examining the IPO ber of the Board of Trustees of the Harry S of territorial and jurisdictional disputes, the Process: Is It Working for Ordinary In- Truman Scholarship Foundation for a term member states of ASEAN and the People’s vestors?’’ expiring December 10, 2013.

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NATIONAL FOUNDATION ON THE ARTS AND THE traordinary and Plenipotentiary of the PN1776 FOREIGN SERVICE nominations HUMANITIES United States of America to the Republic of (23) beginning Thomas J. Brennan, and end- Paul W. Hodes, of New Hampshire, to be a the Marshall Islands. ing Thomas Pepe, which nominations were Member of the National Council on the Arts David Bruce Wharton, of Virginia, a Career received by the Senate and appeared in the for a term expiring September 3, 2016. Member of the Senior Foreign Service, Class Congressional Record of June 20, 2012. of Minister-Counselor, to be Ambassador Ex- PRIVACY AND CIVIL LIBERTIES OVERSIGHT traordinary and Plenipotentiary of the f BOARD United States of America to the Republic of James Xavier Dempsey, of California, to be Zimbabwe. PRIVILEGED NOMINATIONS a Member of the Privacy and Civil Liberties Greta Christine Holtz, of Maryland, a Ca- Oversight Board for a term expiring January Mr. REID. Mr. President, I ask unan- reer Member of the Senior Foreign Service, imous consent that the following nomi- 29, 2016. Class of Minister-Counselor, to be Ambas- Elisabeth Collins Cook, of Illinois, to be a sador Extraordinary and Plenipotentiary of nations under the Privileged section of Member of the Privacy and Civil Liberties the United States of America to the Sul- the Executive Calendar be considered: Oversight Board for a term expiring January tanate of Oman. Presidential Nomination 1513, who is 29, 2014. Alexander Mark Laskaris, of Maryland, a Ingrid A. Gregg, of Michigan, to be on Rachel L. Brand, of Iowa, to be a Member Career Member of the Senior Foreign Serv- the board of trustees of the Harry S of the Privacy and Civil Liberties Oversight ice, Class of Counselor, to be Ambassador Ex- Truman Scholarship Foundation, and Board for a term expiring January 29, 2017. traordinary and Plenipotentiary of the Patricia M. Wald, of the District of Colum- Presidential Nomination 1514, James L. United States of America to the Republic of Henderson, of Kentucky, to be on the bia, to be a Member of the Privacy and Civil Guinea. board of trustees of the Harry S Tru- Liberties Oversight Board for a term expir- Marcie B. Ries, of the District of Columbia, ing January 29, 2013. a Career Member of the Senior Foreign Serv- man Scholarship Foundation; that the DEPARTMENT OF THE TREASURY ice, Class of Career-Minister, to be Ambas- nominations be confirmed, the motion Matthew S. Rutherford, of Illinois, to be an sador Extraordinary and Plenipotentiary of to reconsider be considered made and Assistant Secretary of the Treasury. the United States of America to the Republic laid upon the table, there be no inter- of Bulgaria. UNITED STATES INTERNATIONAL TRADE vening action or debate; that no fur- COMMISSION John M. Koenig, of Washington, a Career ther motions be in order to the nomi- Member of the Senior Foreign Service, Class Meredith M. Broadbent, of Virginia, to be a nations; that any related statements of Minister-Counselor, to be Ambassador Ex- Member of the United States International be printed in the RECORD, and that traordinary and Plenipotentiary of the Trade Commission for a term expiring June President Obama be immediately noti- United States of America to the Republic of 16, 2017. Cyprus. fied of the Senate’s action. DEPARTMENT OF THE TREASURY Michael David Kirby, of Virginia, a Career The PRESIDING OFFICER. Without Mark J. Mazur, of New Jersey, to be an As- Member of the Senior Foreign Service, Class objection, it is so ordered. sistant Secretary of the Treasury. of Minister-Counselor, to be Ambassador Ex- The nominations considered and con- DEPARTMENT OF JUSTICE traordinary and Plenipotentiary of the firmed are as follows: United States of America to the Republic of Danny Chappelle Williams, Sr., of Okla- HARRY S TRUMAN SCHOLARSHIP FOUNDATION Serbia. homa, to be United States Attorney for the Ingrid A. Gregg, of Michigan to be a Mem- NATIONAL OCEANIC AND ATMOSPHERIC Northern District of Oklahoma for the term ber of the Board of Trustees of the Harry S ADMINISTRATION of four years. Truman Scholarship Foundation for a term MISSISSIPPI RIVER COMMISSION Subject to qualifications provided by law, expiring December 10, 2017. the following for temporary appointment to Major General John Peabody, United James L. Henderson, of Kentucky, to be a the grade indicated in the National Oceanic States Army, to be a Member and President Member of the Board of Trustees of the and Atmospheric Administration. of the Mississippi River Commission. Harry S Truman Scholarship Foundation for To be real admiral (lower half) a term expiring December 10, 2017. DEFENSE NUCLEAR FACILITIES SAFETY BOARD Gerd F. Glang Sean Sullivan, of Connecticut, to be a f Member of the Defense Nuclear Facilities Subject to qualifications provided by law, Safety Board for a term expiring October 18, the following for temporary appointment to NOMINATIONS DISCHARGED 2015. the grade indicated in the National Oceanic and Atmospheric Administration. Mr. REID. Mr. President, I ask unan- IN THE AIR FORCE To be real admiral imous consent that the Homeland Se- The following named officer for appoint- Michael S. Devany curity and Governmental Affairs Com- ment as Chief of Staff, United States Air mittee be discharged from further con- Force, and appointment to the grade indi- Subject to qualifications provided by law, cated while assigned to a position of impor- the following for temporary appointment to sideration of PN 1731, Kimberley Sherri tance and responsibility under title 10, the grade indicated in the National Oceanic Knowles to be an associate judge of the U.S.C., sections 8033 and 601: and Atmospheric Administration. Superior Court of the District of Co- To be general To be rear admiral (lower hall) lumbia; that the nomination be con- Gen. Mark A. Welsh, III David A. Score firmed, the motion to reconsider be considered made and laid upon the DEPARTMENT OF STATE EXECUTIVE OFFICE OF THE PRESIDENT table, with no intervening action or de- Gene Allan Cretz, of New York, a Career Patricia K. Falcone, of California, to be an bate; that no further motions be in Member of the Senior Foreign Service, Class Associate Director of the Office of Science order to the nomination; that any re- of Minister-Counselor, to be Ambassador Ex- and Technology Policy. lated statements be printed in the traordinary and Plenipotentiary of the DEPARTMENT OF VETERANS AFFAIRS United States of America to the Republic of RECORD, and the President be imme- Thomas Skerik Sowers II, of Missouri, to Ghana. diately notified of the Senate’s action. be an Assistant Secretary of Veterans Af- Deborah Ruth Malac, of Virginia, a Career fairs (Public and Intergovernmental Affairs). The PRESIDING OFFICER. Without Member of the Senior Foreign Service, Class objection, it is so ordered. FOREIGN SERVICE of Counselor, to be Ambassador Extraor- The nomination considered and con- dinary and Plenipotentiary of the United PN1705 FOREIGN SERVICE nominations firmed is as follows: States of America to the Republic of Liberia. (47) beginning Narendran Chanmugam, and Thomas Hart Armbruster, of New York, a ending Jana S. Wooden, which nominations SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Career Member of the Senior Foreign Serv- were received by the Senate and appeared in Kimberley Sherri Knowles, of the District ice, Class of Counselor, to be Ambassador Ex- the Congressional Record of June 7, 2012. of Columbia, to be an Associate Judge of the

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S6006 CONGRESSIONAL RECORD — SENATE August 2, 2012 Superior Court of the District of Columbia CORRECTING THE ENROLLMENT munities across the United States at for the term of fifteen years. OF H.R. 4240 no cost to the taxpayer. This program Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- represents one small corner of our imous consent that the Foreign Rela- imous consent that the Senate proceed overall immigration system, yet it re- tions Committee be discharged from to S. Con. Res. 58, a concurrent resolu- sults in enormous benefits for so many further consideration of PN 1826, James tion to correct the enrollment of H.R. communities, including Vermont, B. Cunningham, of New York, to be 4240, submitted earlier today by Sen- where our Governors across adminis- Ambassador to the Islamic Republic of ator KERRY; that the concurrent reso- trations and business leaders have put Afghanistan; that the nomination be lution be agreed to, the motion to reit to use to make Vermont a better confirmed, the motion to reconsider be consider be made and laid upon the place for its citizens. The economic considered made and laid upon the table with no intervening action or de- transformation we have seen in some table, there be no intervening action or bate, and any statements be printed in Vermont communities as the direct re- debate; that no further motions be in the RECORD. sult of this program is profound. Over order to the nomination; that any re- The PRESIDING OFFICER. Without the last several years, Vermonters who lated statements be printed in the objection, it is so ordered. might have been out of work in a RECORD; that President Obama be im- The resolution (S. Con. Res. 58) was struggling economy found themselves mediately notified of the Senate’s ac- agreed to, as follows: working to build up Vermont compa- tion, and the Senate then resume legis- S. CON. RES. 58 nies, building Vermont products, and lative session. supporting economic activity in their The PRESIDING OFFICER. Without Resolved by the Senate (the House of Rep- resentatives concurring), That, in the enroll- communities. And so today, business objection, it is so ordered. ment of the bill (H.R. 4240) an Act to reau- leaders and entrepreneurs in Vermont, The nomination considered and con- thorize the North Korean Human Rights Act along with Vermont’s Governor Peter firmed is as follows: of 2004, and for other purposes, the Clerk of Shumlin and his economic develop- the House of Representatives shall make the DEPARTMENT OF STATE ment team will continue to have this James B. Cunningham, of New York, a Ca- following correction: in section 7, insert ‘‘is amended’’ before ‘‘by striking’’. tool to help raise the capital Vermont reer Member of the Senior Foreign Service, needs to continue its innovation and Class of Career-Minister, to be Ambassador f economic growth. Extraordinary and Plenipotentiary of the REAUTHORIZING CERTAIN VISA United States of America to the Islamic Re- PROGRAMS Job creation and capital investment public of Afghanistan. in America is something I know we can f Mr. REID. Mr. President, I ask unan- all support, and today I am proud to imous consent that the Judiciary Com- LEGISLATIVE SESSION say we have done just that. I want to mittee be discharged from further con- give my thanks to the Association to The PRESIDING OFFICER. Under sideration of S. 3245 and that the Sen- Invest in the U.S.A., the American Im- the previous order, the Senate will now ate proceed to its immediate consider- migration Lawyers Association, and all resume legislative session. ation. of the entrepreneurs and businesses f The PRESIDING OFFICER. The large and small across the United clerk will report the bill by title. NOMINATIONS IN STATUS QUO States that have realized the economic The assistant legislative read as fol- benefits of this program and that have Mr. REID. Mr. President, as in execu- lows: so strongly supported my efforts. tive session, if the Senate adjourns A bill (S. 3245) to permanently reauthorize under S. Con. Res. 59, I ask unanimous the EB–5 Regional Center Program, the E- The bill we pass today also continues consent that all the nominations re- Verify Program, the Special Immigrant Non- programs important to Senator HATCH ceived by the Senate during the 112th minister Religious Worker Program, and the and Senator CONRAD. Today we take a Congress, second session, remain in Conrad State 30 J–1 Visa Waiver Program. step toward carrying on Senator CON- status quo, notwithstanding the provi- Without objection, the Senate pro- RAD’s program to encourage foreign sions of rule XXXI, paragraph 6, of the ceeded to consider the bill. doctors trained in the United States to Standing Rules of the Senate, with the Mr. LEAHY. Mr. President, today, practice medicine in medically under- following exception: PN 1727. the Senate worked together to advance served rural areas. And today we move The PRESIDING OFFICER. Without bipartisan legislation that Senator to continue Senator HATCH’s program objection, it is so ordered. GRASSLEY and I introduced, and I to give United States religious institu- f thank all Senators for their support. I tions the ability to invite foreign citi- am very pleased that the Senate has zens of shared faith to their commu- AMBASSADOR JAMES R. LILLEY agreed to pass this important legisla- nities to carry out good works and to AND CONGRESSMAN STEPHEN J. tion as it has been amended. I espe- help others. SOLARZ NORTH KOREA HUMAN cially commend Senator GRASSLEY, RIGHTS REAUTHORIZATION ACT And this legislation reauthorizes the Senator HATCH, Senator CONRAD, and OF 2012 E-Verify work authorization program, Senator SCHUMER for their collabora- which I know is very important to the Mr. REID. Mr. President, I ask unan- tion. And I thank Senator MENENDEZ Judiciary Committee’s ranking mem- imous consent the Senate proceed to for working with us to get this done in ber and other Senators. This program Calendar No. 458. the Senate. gives American employers a tool to en- The PRESIDING OFFICER. The This legislation contains extensions sure that those they hire are legally clerk will report the bill by title. for four long-standing immigration authorized to work in the United The assistant legislative clerk read programs for another 3 years. These States. Yet it maintains its status as a as follows: programs, last authorized in the fiscal voluntary program for employers, and A bill, (H.R. 4240) to reauthorize the North year 2010 Homeland Security Appro- maintains that choice for our busi- Korean Human Rights Act of 2004, and for priations law, are set to expire on Sep- nesses large and small to participate if other purposes. tember 30, 2012. Today’s actions are a they choose. There being no objection, the Senate step toward avoiding that result, and proceeded to consider the bill. maintaining the progress and benefits I regret that it has been such a long Mr. REID. Mr. President, I ask that that these programs provide to many road for us to get to this point today. the bill be read a third time and the American communities and constitu- These measures should be the easy Senate proceed to vote on passage of encies. ones. The politics of immigration con- this bill. A program that I have long supported tinue to make our progress difficult The bill was read the third time. with Senators on both sides of aisle, not only on the broader measures that The PRESIDING OFFICER. The the EB–5 Regional Center Program, has America needs, but on the smaller ones question is on passage of the bill. brought tens of thousands of jobs and that Congress has supported for many The bill (H.R. 4240) was passed. billions in capital investment to com- years. So I am pleased the Senate has

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S6007 acted in support of all of these pro- The amendment (No. 2774) was agreed CONDEMNING JOSEPH KONY AND grams today. I would have liked to see to, as follows: THE LORD’S RESISTANCE ARMY these programs made permanent after (Purpose: To amend the title) Mr. REID. Mr. President, I ask unan- the many years they have been in ex- Amend the title so as to read: ‘‘A bill to imous consent that the Senate proceed istence they should be. But I also un- extend by 3 years the authorization of the to the consideration of Calendar No. derstand that with permanence, the EB–5 Regional Center Program, the E–Verify 432, S. Res. 402. Program, the Special Immigrant Nonmin- Senate should look at ways to improve The PRESIDING OFFICER. Without them where possible so that they are ister Religious Worker Program, and the Conrad State 30 J–1 Visa Waiver Program.’’. objection, it is so ordered. more secure and more effective. I am The clerk will report. prepared to do that. The bill (S. 3245) was ordered to be engrossed for a third reading, was read The assistant legislative clerk read Though we take a small step forward as follows: today with these reauthorizations, I re- the third time, and passed. f A bill (S. Res. 402) condemning Joseph main as committed today to tackle Kony and the Lord’s Resistance Army for comprehensive immigration reform as AUTHORIZING THE ARCHITECT OF committing crimes against humanity and I was when I supported President Bush THE CAPITOL TO ESTABLISH mass atrocities, and supporting ongoing ef- in 2006 and 2007 in his efforts to make BATTERY RECHARGING STA- forts by the United States Government and real change in our laws. I expect we TIONS governments in central Africa to remove Jo- will be there again soon and I look for- seph Kony and Lord’s Resistance Army com- Mr. REID. Mr. President, I ask unan- manders from the battlefield. ward to the day we will once again imous consent that the Senate proceed There being no objection, the Senate begin the effort to strengthen and pro- to H.R. 1402. proceeded to consider the resolution, tect our entire immigration system. The PRESIDING OFFICER. The which had been reported from the Com- Mr. REID. Mr. President, I ask unan- clerk will report the bill by title. imous consent that a Leahy-Grassley The assistant legislative clerk read mittee on Foreign Relations, with an substitute amendment, which is at the as follows: amendment to strike all after the en- desk, be agreed to; the bill, as amend- acting clause and insert in lieu thereof A bill (H.R. 1402) to authorize the Archi- the following: ed, be read a third time and passed; tect of the Capitol to establish battery re- that a Leahy-Grassley amendment to charging stations for privately owned vehi- (Strike out all after the resolving the title, which is also at the desk, be cles in parking areas under the jurisdiction clause and insert the part printed in agreed to; the motions to reconsider be of the House of Representatives at no net italic.) laid upon the table with no intervening cost to the Federal Government. (Strike the preamble and insert the action or debate; and any statements There being no objection, the Senate part printed in italic.) related to the bill be printed in the proceeded to consider the bill. S. RES. 402 RECORD. Mr. REID. Mr. President, I ask unan- Whereas the Lord’s Resistance Army (LRA) The PRESIDING OFFICER. Without imous consent the bill be read three wreaked havoc in northern Uganda for two dec- objection, it is so ordered. times and passed, the motion to recon- ades, during which time the World Bank esti- The amendment (No. 2773) was agreed sider be laid on the table, with no in- mates that they abducted some 66,000 youth and to as follows: tervening action or debate, and any forced them to serve as child soldiers and sex (Purpose: In the nature of a substitute) statement related to this matter be slaves and commit terrible acts; Whereas, under increasing pressure, Joseph Strike all after the enacting clause and in- printed in the RECORD at the appro- Kony ordered the Lord’s Resistance Army in sert the following: priate place. 2005 and 2006 to withdraw from Uganda and to SECTION 1. REAUTHORIZATION OF EB–5 RE- The PRESIDING OFFICER. Without move west into the border region of the Demo- GIONAL CENTER PROGRAM. objection, it is so ordered. cratic Republic of the Congo, the Central Afri- Section 610 of the Departments of Com- The bill (H.R. 1402) was ordered to a can Republic, and what would become the Re- merce, Justice, and State, the Judiciary, and third reading, was read the third time, public of South Sudan; Related Agencies Appropriations Act, 1993 (8 and passed. Whereas, since September 2008, Joseph Kony U.S.C. 1153 note) is amended— has directed the Lord’s Resistance Army to com- (1) by striking ‘‘pilot’’ each place such f mit systematic, large-scale attacks against inno- term appears; and REQUIRING TSA TO COMPLY WITH cent civilians in the Democratic Republic of (2) in subsection (b), by striking ‘‘Sep- THE UNIFORMED SERVICES EM- Congo, the Central African Republic, and the tember 30, 2012’’ and inserting ‘‘September Republic of South Sudan that have destabilized 30, 2015’’. PLOYMENT AND REEMPLOY- MENT RIGHTS ACT the region and resulted in the deliberate killing SEC. 2. REAUTHORIZATION OF E–VERIFY. of at least 2,400 civilians, many of whom were Section 401(b) of the Illegal Immigration Mr. REID. Mr. President, I ask unan- targeted in schools and churches; the rape and Reform and Immigrant Responsibility Act of imous consent that the Commerce brutal mutilation of an unknown number of 1996 (8 U.S.C. 1324a note) is amended by Committee be discharged from further men, women, and children; the abduction of striking ‘‘September 30, 2012’’ and inserting consideration of H.R. 3670, and the Sen- over 3,400 civilians, including at least 1,500 chil- ‘‘September 30, 2015’’. ate proceed to its consideration. dren, many of them forced to become child sol- SEC. 3. REAUTHORIZATION OF SPECIAL IMMI- diers or sex slaves; and the reported displace- GRANT NONMINISTER RELIGIOUS The PRESIDING OFFICER. Without ment of more than 465,000 civilians from their WORKER PROGRAM. objection, it is so ordered. The clerk homes, many of whom do not have access to es- Section 101(a)(27)(C)(ii) of the Immigration will report the bill by title. sential humanitarian assistance; and Nationality Act (8 U.S.C. The assistant legislative clerk read Whereas insecurity caused by the Lord’s Re- 1101(a)(27)(C)(ii)) is amended— as follows: sistance Army has undermined efforts by the (1) in subclause (II), by striking ‘‘Sep- A bill (H.R. 3670) to require the Transpor- governments in the region, which have been tember 30, 2012’’ and inserting ‘‘September tation Security Administration to comply supported by the assistance of the United States 30, 2015’’; and with the Uniformed Service Employment and the international community, to consolidate (2) in subclause (III), by striking ‘‘Sep- and Re-Employment Rights Act. peace and stability in each of the countries af- tember 30, 2012’’ and inserting ‘‘September fected by the Lord’s Resistance Army; 30, 2015’’. There being no objection, the Senate Whereas, since December 2001, the Department SEC. 4. REAUTHORIZATION OF CONRAD STATE 30 proceeded to consider the bill. of State has included the Lord’s Resistance J–1 VISA WAIVER PROGRAM. Mr. REID. Mr. President, I ask unan- Army on its ‘‘Terrorist Exclusion List’’ and in Section 220(c) of the Immigration and Na- imous consent that the bill be read the August 2008, Lord’s Resistance Army leader Jo- tionality Technical Corrections Act of 1994 (8 third time and passed, the motion to seph Kony was designated a ‘‘Specially Des- U.S.C. 1182 note) is amended by striking reconsider be laid upon the table, with ignated Global Terrorist’’ by President George ‘‘September 30, 2012’’ and inserting ‘‘Sep- no intervening action or debate, and W. Bush pursuant to Executive Order 13224; tember 30, 2015’’. that any statements related to the Whereas, on October 6, 2005, the International SEC. 5. NO AUTHORITY FOR NATIONAL IDENTI- Criminal Court issued arrest warrants against measure be printed in the RECORD. FICATION CARD. Joseph Kony and four of his top commanders for Nothing in this Act may be construed to The PRESIDING OFFICER. Without war crimes and crimes against humanity, yet authorize the planning, testing, piloting, or objection, it is so ordered. they remain at large; development of a national identification The bill (H.R. 3670) was read the third Whereas, in May 2010, Congress passed and card. time and passed. President Barack Obama signed into law the

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S6008 CONGRESSIONAL RECORD — SENATE August 2, 2012 Lord’s Resistance Army Disarmament and (1) condemns Joseph Kony and the Lord’s Re- noncombatants to safely defect from the group, Northern Uganda Recovery Act of 2009 (Public sistance Army for committing crimes against hu- including through radio and community pro- Law 111–172), which made it the policy of the manity and mass atrocities, and supports ongo- grams; and United States to work with regional governing efforts by the United States and countries in (D) to rehabilitate children and youth af- ments toward a comprehensive and lasting reso- central Africa to remove Joseph Kony and fected by war, through programs that are tai- lution to the conflict in northern Uganda and Lord’s Resistance Army commanders from the lored to address the specific trauma and phys- other affected areas by providing political, eco- battlefield; ical and mental abuse they may have experi- nomic, military, and intelligence support for (2) commends continued efforts by the Govern- enced as a result of indoctrination by the Lord’s viable multilateral efforts to protect civilians ments of Uganda, the Democratic Republic of Resistance Army, and serve to reconnect these from the Lord’s Resistance Army, to apprehend Congo, the Republic of South Sudan, the Cen- children and youth with their families and com- or remove Joseph Kony and his top commanders tral African Republic, and other countries in munities; from the battlefield, and to disarm and demobi- the region, as well as the African Union and (10) calls on the President to place restrictions lize the remaining Lord’s Resistance Army fight- United Nations, to end the threat posed by the on any individuals or governments found to be ers; Lord’s Resistance Army; providing training, supplies, financing, or sup- Whereas, on November 24, 2010, as mandated (3) welcomes the ongoing efforts of the United port of any kind to Joseph Kony or the Lord’s by the Lord’s Resistance Army Disarmament States Government to implement a comprehen- Resistance Army; and Northern Uganda Recovery Act of 2009, sive strategy to counter the Lord’s Resistance (11) urges that civilian protection continue to President Obama issued the Strategy to Support Army, pursuant to the Lord’s Resistance Army be prioritized in areas affected by the Lord’s Re- the Disarmament of the Lord’s Resistance Army, Disarmament and Northern Uganda Recovery sistance Army and that steps be taken to inform which provides a comprehensive strategy for Act of 2009, and to assist governments in the re- potentially vulnerable communities about supporting regional efforts to mitigate and elimi- gion to bring Joseph Kony to justice and end known Lord’s Resistance Army movements and nate the threat to civilians and regional sta- atrocities perpetuated by the Lord’s Resistance threats; bility posed by the Lord’s Resistance Army; Army; (12) welcomes the recent defections of men, Whereas, on October 14, 2011, President (4) calls on the President to keep Congress women, and children from the ranks of the Obama notified Congress that he had author- fully informed of the efforts of the United States Lord’s Resistance Army, and calls on govern- ized approximately 100 combat-equipped mem- Government and to work closely with Congress ments in the region and the international com- bers of the Armed Forces to deploy to central Af- to identify and address critical gaps and en- munity to continue to support safe return, de- rica to provide assistance to regional forces that hance United States support for the regional ef- mobilization, rehabilitation, and reintegration are working toward the removal of Joseph Kony fort to counter the Lord’s Resistance Army; efforts; and and senior leadership of the Lord’s Resistance (5) commends the Department of Defense, (13) urges the Governments of Uganda, the Army from the battlefield; United States Africa Command (U.S. Democratic Republic of Congo, the Republic of Whereas section 1206 of the National Defense AFRICOM), and members of the United States South Sudan, the Republic of Sudan, and the Authorization Act for Fiscal Year 2012 (Public Armed Forces currently deployed to serve as ad- Central African Republic to work together to Law 112–81; 22 U.S.C. 2151 note) authorized the visors to the national militaries in the region address the ongoing threat posed by the Lord’s Secretary of Defense, with the concurrence of seeking to protect local communities and pur- Resistance Army. the Secretary of State, to provide logistical sup- suing Joseph Kony and top Lord’s Resistance Amend the title so as to read: ‘‘Con- port, supplies, and services for foreign forces Army commanders; demning Joseph Kony and the Lord’s Resist- participating in operations to mitigate and (6) commends the African Union for commit- ance Army for committing crimes against eliminate the threat of the Lord’s Resistance ting to enhance troop deployments in order to humanity and mass atrocities, and sup- Army; fortify the military response to the Lord’s Re- porting ongoing efforts by the United States Whereas that section provides that no United sistance Army, in coordination with the Govern- Government and governments and regional States Armed Forces personnel, United States ci- ments of Uganda, the Central African Republic, organizations in central Africa to remove Jo- vilian employees, or United States civilian con- the Democratic Republic of Congo, and the Re- seph Kony and Lord’s Resistance Army com- tractor personnel may participate in combat op- public of South Sudan, and in order to strength- manders from the battlefield.’’. erations in connection with the provision of en ongoing efforts to apprehend Joseph Kony support for foreign forces participating in oper- and senior commanders of the Lord’s Resistance Mr. REID. Mr. President, I ask unan- ations to mitigate and eliminate the threat posed Army or remove them from the battlefield; imous consent that the Committee-re- by the Lord’s Resistance Army, except for the (7) supports increased collaboration and co- ported amendment be withdrawn; that purpose of acting in self-defense or of rescuing ordination between the African Union and the the Coons substitute amendment, any United States citizen (including any mem- Governments of Uganda, the Central African which is at the desk, be agreed to, the ber of the United States Armed Forces, any Republic, the Democratic Republic of Congo, United States civilian employee, or any United resolution, as amended, be agreed to; and the Republic of South Sudan in order to ap- that the committee-reported amend- States civilian contractor); prehend Joseph Kony or remove him from the Whereas the Consolidated Appropriations Act, battlefield; ment to the preamble be agreed to, the 2012 (Public Law 112–74) directed the President (8) supports continued efforts by the Secretary preamble, as amended, be agreed to; to support increased peace and security efforts of State and representatives of the United States that the committee-reported amend- in areas affected by the Lord’s Resistance Army, to work with partner nations and the inter- ment to the title be agreed to, the mo- including programs to improve physical access, national community— tion to reconsider be laid upon the telecommunications infrastructure, and early- (A) to strengthen the capabilities of regional table with no intervening action or de- warning mechanisms and to support the disar- military forces deployed to protect civilians and mament, demobilization, and reintegration of bate, and that any statements relating pursue commanders of the Lord’s Resistance to this measure be printed in the former Lord’s Resistance Army combatants, es- Army; pecially child soldiers; (B) to enhance cooperation and cross-border RECORD. Whereas the United Nations and African coordination among regional governments; The PRESIDING OFFICER. Without Union, acting with encouragement and support (C) to promote increased contributions from objection, it is so ordered. from the United States Government, have re- donor nations for regional efforts to address the The amendment (No. 2775) was agreed newed their efforts to help governments in the Lord’s Resistance Army; and to, as follows: region address the threat posed by the Lord’s (D) to enhance overall efforts to increase civil- (Purpose: To provide a complete substitute) Resistance Army, and on November 22, 2011, the ian protection and provide assistance to popu- African Union designated the Lord’s Resistance lations affected by the Lord’s Resistance Army; Strike all after the resolving clause and in- Army as a terrorist group and authorized a new (9) calls on the Secretary of State, the Sec- sert the following: ‘‘That the Senate— initiative to help strengthen the coordination retary of Defense, the Administrator of the (1) condemns Joseph Kony and the Lord’s among the affected governments in the fight United States Agency for International Develop- Resistance Army for committing crimes against the Lord’s Resistance Army; ment, and the heads of other relevant govern- against humanity and mass atrocities, and Whereas, on March 24, 2012, the African ment agencies to utilize existing funds for ongo- supports ongoing efforts by the United Union formally announced the intent to deploy ing programs— States and countries in central Africa to re- up to 5,000 troops to advance regional efforts to (A) to enhance mobility, intelligence, and move Joseph Kony and Lord’s Resistance counter the Lord’s Resistance Army, and the logistical capabilities for partner forces engaged Army commanders from the battlefield; next day formally inaugurated the Head- in efforts to protect civilians and apprehend or (2) commends continued efforts by the Gov- quarters of the Regional Task Force in the Re- remove Joseph Kony and his top commanders ernments of Uganda, the Democratic Repub- public of South Sudan to coordinate efforts to from the battlefield; lic of Congo, the Republic of South Sudan, capture Joseph Kony and neutralize the Lord’s (B) to expand physical access and tele- the Central African Republic, and other Resistance Army; and communications infrastructure to facilitate the countries in the region, as well as the Afri- Whereas targeted United States assistance timely flow of information and access for hu- can Union and United Nations, to end the and leadership can help prevent further mass manitarian and protection actors; threat posed by the Lord’s Resistance Army; atrocities and curtail humanitarian suffering in (C) to support programs to encourage and (3) welcomes the ongoing efforts of the central Africa: Now, therefore, be it help non-indicted Lord’s Resistance Army com- United States Government to assist regional Resolved, That the Senate— manders, fighters, abductees, and associated governments to bring Joseph Kony to justice

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S6009 and end atrocities perpetuated by the Lord’s nancing, or support of any kind to Joseph top commanders for war crimes and crimes Resistance Army, pursuant to the com- Kony or the Lord’s Resistance Army; against humanity, yet they remain at large; prehensive strategy required by the Lord’s (11) urges that civilian protection and Whereas, in May 2010, Congress passed and Resistance Army Disarmament and Northern early-warning programs led by regional mili- President Barack Obama signed into law the Uganda Recovery Act of 2009; taries and the United States Agency for Lord’s Resistance Army Disarmament and (4) calls on the President to keep Congress International Development continue to be Northern Uganda Recovery Act of 2009 (Pub- fully informed of the efforts of the United prioritized in areas affected by the Lord’s lic Law 111–172), which made it the policy of States Government and to work closely with Resistance Army and that steps be taken to the United States to work with regional gov- Congress to identify and address critical inform potentially vulnerable communities ernments toward a comprehensive and last- gaps in the United States Government’s about known Lord’s Resistance Army move- ing resolution to the conflict in northern strategy to support the efforts of the re- ments and threats; Uganda and other affected areas by providing gional governments to counter the Lord’s (12) welcomes the recent defections of men, political, economic, military, and intel- Resistance Army; women, and children from the ranks of the ligence support for viable multilateral ef- (5) commends the Department of Defense, Lord’s Resistance Army, and calls on govern- forts to protect civilians from the Lord’s Re- United States Africa Command (U.S. ments in the region and the international sistance Army, to apprehend or remove Jo- AFRICOM), and members of the United community to continue to support safe re- seph Kony and his top commanders from the States Armed Forces currently deployed to turn, demobilization, rehabilitation, and re- battlefield, and to disarm and demobilize the serve as advisors to the national militaries integration efforts; and remaining Lord’s Resistance Army fighters; in the region seeking to protect local com- (13) urges the Governments of Uganda, the Whereas, on November 24, 2010, as man- munities and pursuing Joseph Kony and top Democratic Republic of Congo, the Republic dated by the Lord’s Resistance Army Disar- Lord’s Resistance Army commanders; of South Sudan, the Republic of Sudan, and mament and Northern Uganda Recovery Act (6) commends the African Union for com- the Central African Republic to work to- of 2009, President Obama issued the Strategy mitting to enhance troop deployments in gether to address the ongoing threat posed to Support the Disarmament of the Lord’s order to fortify the military response to the by the Lord’s Resistance Army. Resistance Army, which provides a com- Lord’s Resistance Army, in coordination with the Governments of Uganda, the Cen- The resolution (S. Res. 402), as prehensive strategy for supporting regional tral African Republic, the Democratic Re- amended, was agreed to. efforts to mitigate and eliminate the threat public of Congo, and the Republic of South The committee-reported amendment to civilians and regional stability posed by Sudan, and in order to strengthen ongoing to the preamble was agreed to. the Lord’s Resistance Army; efforts to apprehend Joseph Kony and senior The preamble, as amended, was Whereas, on October 14, 2011, President commanders of the Lord’s Resistance Army agreed to. Obama notified Congress that he had author- or remove them from the battlefield; The committee-reported amendment ized approximately 100 combat-equipped (7) supports increased collaboration and co- to the title was agreed to. members of the Armed Forces to deploy to ordination between the African Union and The resolution as amended, with its central Africa to provide assistance to regional forces that are working toward the re- the Governments of Uganda, the Central Af- preamble, as amended, reads as follows: rican Republic, the Democratic Republic of moval of Joseph Kony and senior leadership S. RES. 402 Congo, and the Republic of South Sudan in of the Lord’s Resistance Army from the bat- order to apprehend Joseph Kony or remove Whereas the Lord’s Resistance Army tlefield; him from the battlefield; (LRA) wreaked havoc in northern Uganda for Whereas section 1206 of the National De- (8) supports continued efforts by the Sec- two decades, during which time the World fense Authorization Act for Fiscal Year 2012 retary of State and representatives of the Bank estimates that they abducted some (Public Law 112–81; 22 U.S.C. 2151 note) au- United States to work with partner nations 66,000 youth and forced them to serve as thorized the Secretary of Defense, with the and the international community— child soldiers and sex slaves and commit ter- concurrence of the Secretary of State, to (A) to strengthen the capabilities of re- rible acts; provide logistical support, supplies, and serv- gional military forces deployed to protect ci- Whereas under increasing pressure, Joseph ices for foreign forces participating in oper- vilians and pursue commanders of the Lord’s Kony ordered the Lord’s Resistance Army in ations to mitigate and eliminate the threat Resistance Army; 2005 and 2006 to withdraw from Uganda and of the Lord’s Resistance Army; (B) to enhance cooperation and cross-bor- to move west into the border region of the Whereas that section provides that no der coordination among regional govern- Democratic Republic of the Congo, the Cen- United States Armed Forces personnel, ments; tral African Republic, and what would be- United States civilian employees, or United (C) to promote increased contributions come the Republic of South Sudan; States civilian contractor personnel may from donor nations for regional efforts to ad- Whereas, since September 2008, Joseph participate in combat operations in connec- dress the Lord’s Resistance Army; and Kony has directed the Lord’s Resistance tion with the provision of support for foreign (D) to enhance overall efforts to increase Army to commit systematic, large-scale at- forces participating in operations to miti- civilian protection to populations affected tacks against innocent civilians in the gate and eliminate the threat posed by the by the Lord’s Resistance Army; Democratic Republic of Congo, the Central Lord’s Resistance Army, except for the pur- (9) calls on the Secretary of State, the Sec- African Republic, and the Republic of South pose of acting in self-defense or of rescuing retary of Defense, the Administrator of the Sudan that have destabilized the region and any United States citizen (including any United States Agency for International De- resulted in the deliberate killing of at least member of the United States Armed Forces, velopment, and the heads of other relevant 2,400 civilians, many of whom were targeted any United States civilian employee, or any government agencies to utilize existing in schools and churches; the rape and brutal United States civilian contractor); funds for ongoing programs— mutilation of an unknown number of men, Whereas the Consolidated Appropriations (A) to enhance mobility, intelligence, and women, and children; the abduction of over Act, 2012 (Public Law 112–74) directed the logistical capabilities for regional partner 3,400 civilians, including at least 1,500 chil- President to support increased peace and se- forces engaged in efforts to protect civilians dren, many of them forced to become child curity efforts in areas affected by the Lord’s and apprehend or remove Joseph Kony and soldiers or sex slaves; and the reported dis- Resistance Army, including programs to im- his top commanders from the battlefield; placement of more than 465,000 civilians from prove physical access, telecommunications (B) to expand physical access and tele- their homes, many of whom do not have ac- infrastructure, and early-warning mecha- communications infrastructure to facilitate cess to essential humanitarian assistance; nisms and to support the disarmament, de- the timely flow of information and access for Whereas insecurity caused by the Lord’s mobilization, and reintegration of former humanitarian and protection actors; Resistance Army has undermined efforts by Lord’s Resistance Army combatants, espe- (C) to support programs to encourage and the governments in the region, which have cially child soldiers; help non-indicted Lord’s Resistance Army been supported by the assistance of the Whereas the United Nations and African commanders, fighters, abductees, and associ- United States and the international commu- Union, acting with encouragement and sup- ated noncombatants to safely defect from nity, to consolidate peace and stability in port from the United States Government, the group, including through radio and com- each of the countries affected by the Lord’s have renewed their efforts to help govern- munity programs; and Resistance Army; ments in the region address the threat posed (D) to support regionally-led rehabilitation Whereas, since December 2001, the Depart- by the Lord’s Resistance Army, and on No- programs for children and youth affected by ment of State has included the Lord’s Resist- vember 22, 2011, the African Union des- war that are tailored to address the specific ance Army on its ‘‘Terrorist Exclusion List’’ ignated the Lord’s Resistance Army as a ter- trauma and physical and mental abuse these and in August 2008, Lord’s Resistance Army rorist group and authorized a new initiative children and youth may have experienced as leader Joseph Kony was designated a ‘‘Spe- to help strengthen the coordination among a result of indoctrination by the Lord’s Re- cially Designated Global Terrorist’’ by Presi- the affected governments in the fight against sistance Army and to serve to reconnect dent George W. Bush pursuant to Executive the Lord’s Resistance Army; them with their families and communities; Order 13224; Whereas, on March 24, 2012, the African (10) calls on the President to place restric- Whereas, on October 6, 2005, the Inter- Union formally announced the intent to de- tions on any individuals or governments national Criminal Court issued arrest war- ploy up to 5,000 troops to advance regional found to be providing training, supplies, fi- rants against Joseph Kony and four of his efforts to counter the Lord’s Resistance

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S6010 CONGRESSIONAL RECORD — SENATE August 2, 2012 Army, and the next day formally inaugu- government agencies to utilize existing amendment, which is at the desk, be rated the Headquarters of the Regional Task funds for ongoing programs— agreed to; the motions to reconsider be Force in the Republic of South Sudan to co- (A) to enhance mobility, intelligence, and laid upon the table with no intervening ordinate efforts to capture Joseph Kony and logistical capabilities for regional partner action or debate, and that any state- neutralize the Lord’s Resistance Army; and forces engaged in efforts to protect civilians Whereas targeted United States assistance and apprehend or remove Joseph Kony and ments be printed in the RECORD, as if and leadership can help prevent further mass his top commanders from the battlefield; read. atrocities and curtail humanitarian suf- (B) to expand physical access and tele- The PRESIDING OFFICER. Without fering in central Africa: Now, therefore, be it communications infrastructure to facilitate objection, it is so ordered. Resolved, That the Senate— the timely flow of information and access for The amendment (No. 2776) was agreed (1) condemns Joseph Kony and the Lord’s humanitarian and protection actors; to, as follows: Resistance Army for committing crimes (C) to support programs to encourage and (Purpose: In the nature of a substitute) help non-indicted Lord’s Resistance Army against humanity and mass atrocities, and Strike all after the resolving clause and in- supports ongoing efforts by the United commanders, fighters, abductees, and associated noncombatants to safely defect from sert the following: States and countries in central Africa to re- That the Senate— the group, including through radio and com- move Joseph Kony and Lord’s Resistance (1) recognizes the valor, skill, and courage munity programs; and Army commanders from the battlefield; of the Raiders that proved invaluable to the (D) to support regionally-led rehabilitation (2) commends continued efforts by the Gov- eventual defeat of Japan during the Second programs for children and youth affected by ernments of Uganda, the Democratic Repub- World War; war that are tailored to address the specific lic of Congo, the Republic of South Sudan, (2) acknowledges that the actions of the trauma and physical and mental abuse these the Central African Republic, and other Raiders helped to forge an enduring example children and youth may have experienced as countries in the region, as well as the Afri- of heroism in the face of uncertainty for the a result of indoctrination by the Lord’s Re- can Union and United Nations, to end the Army Air Force of the Second World War, sistance Army and to serve to reconnect threat posed by the Lord’s Resistance Army; the future of the Air Force, and the United them with their families and communities; (3) welcomes the ongoing efforts of the States as a whole; and (10) calls on the President to place restric- United States Government to assist regional (3) commends the 5 living members and 80 tions on any individuals or governments governments to bring Joseph Kony to justice original members of the Doolittle Tokyo found to be providing training, supplies, fi- and end atrocities perpetuated by the Lord’s Raiders for their participation in the Tokyo nancing, or support of any kind to Joseph Resistance Army, pursuant to the com- bombing raid of April 18, 1942. prehensive strategy required by the Lord’s Kony or the Lord’s Resistance Army; Resistance Army Disarmament and Northern (11) urges that civilian protection and The resolution (S. Res. 418), as Uganda Recovery Act of 2009; early-warning programs led by regional mili- amended, was agreed to. (4) calls on the President to keep Congress taries and the United States Agency for The amendment (No. 2777) was agreed fully informed of the efforts of the United International Development continue to be to, as follows: prioritized in areas affected by the Lord’s States Government and to work closely with Strike the preamble and insert the fol- Resistance Army and that steps be taken to Congress to identify and address critical lowing: gaps in the United States Government’s inform potentially vulnerable communities Whereas brave American aircraft crewmen, strategy to support the efforts of the re- about known Lord’s Resistance Army move- led by Lieutenant Colonel James Doolittle, gional governments to counter the Lord’s ments and threats; volunteered for an ‘‘extremely hazardous Resistance Army; (12) welcomes the recent defections of men, mission’’ without knowing the target, loca- (5) commends the Department of Defense, women, and children from the ranks of the tion, or assignment and willingly put their United States Africa Command (U.S. Lord’s Resistance Army, and calls on govern- lives in harm’s way, risking death, capture, AFRICOM), and members of the United ments in the region and the international and torture; States Armed Forces currently deployed to community to continue to support safe re- Whereas the conducting of medium bomber serve as advisors to the national militaries turn, demobilization, rehabilitation, and re- operations from a Navy aircraft carrier in the region seeking to protect local com- integration efforts; and under combat conditions had never before munities and pursuing Joseph Kony and top (13) urges the Governments of Uganda, the been attempted; Lord’s Resistance Army commanders; Democratic Republic of Congo, the Republic Whereas after the discovery of the USS (6) commends the African Union for com- of South Sudan, the Republic of Sudan, and Hornet by Japanese picket ships 170 miles mitting to enhance troop deployments in the Central African Republic to work to- further away from the prearranged launch order to fortify the military response to the gether to address the ongoing threat posed point, the Raiders proceeded to take off 670 Lord’s Resistance Army, in coordination by the Lord’s Resistance Army. miles from the coast of Japan; with the Governments of Uganda, the Cen- f Whereas by launching more than 100 miles tral African Republic, the Democratic Re- beyond the distance considered to be mini- public of Congo, and the Republic of South COMMENDING THE ‘‘DOOLITTLE mally safe for the mission, the Raiders delib- Sudan, and in order to strengthen ongoing TOKYO RAIDERS’’ erately accepted the risk that the B–25s efforts to apprehend Joseph Kony and senior Mr. REID. Mr. President, I ask unan- might not have enough fuel to reach the des- commanders of the Lord’s Resistance Army imous consent that the Armed Services ignated airfields in China; or remove them from the battlefield; Committee be discharged from further Whereas the additional launch distance (7) supports increased collaboration and co- greatly increased the risk of crash landing in ordination between the African Union and consideration of S. Res. 418, and the Japanese occupied China, exposing the crews the Governments of Uganda, the Central Af- Senate proceed to its consideration. to higher probability of death, injury, or cap- rican Republic, the Democratic Republic of The PRESIDING OFFICER. Without ture; Congo, and the Republic of South Sudan in objection, it is so ordered. The clerk Whereas because of that deliberate choice, order to apprehend Joseph Kony or remove will report the resolution by title. after bombing their targets in Japan, low on him from the battlefield; The assistant legislative clerk read fuel and in setting night and deteriorating (8) supports continued efforts by the Sec- as follows: weather, none of the 16 airplanes reached the retary of State and representatives of the prearranged Chinese airfields; A resolution (S. Res. 418) commending the United States to work with partner nations Whereas of the 80 Raiders who launched on 80 brave men who became known as the and the international community— the raid, 8 were captured, 2 died in the crash, ‘‘Doolittle Tokyo Raiders’’ for outstanding (A) to strengthen the capabilities of re- and 70 returned to the United States; and heroism, valor, skill, and service to the gional military forces deployed to protect ci- Whereas of the 8 captured, 3 were executed United States during the bombing of Tokyo vilians and pursue commanders of the Lord’s and 1 died of disease: Now, therefore, be it and 5 other targets on the island of Honshu Resistance Army; on April 18, 1942, during the Second World The preamble, as amended, was (B) to enhance cooperation and cross-bor- War. agreed to. der coordination among regional govern- The amendment (No. 2778) was agreed ments; There being no objection, the Senate (C) to promote increased contributions proceeded to consider the resolution. to, as follows: from donor nations for regional efforts to ad- Mr. REID. Mr. President, I ask unan- (Purpose: To amend the title) dress the Lord’s Resistance Army; and imous consent that the Brown of Ohio Amend the title so as to read ‘‘Commemo- (D) to enhance overall efforts to increase substitute amendment, which is at the rating the 70th anniversary and commending civilian protection to populations affected desk, be agreed to; the resolution, as the brave men of the 17th Bombardment by the Lord’s Resistance Army; Group (Medium) who became known as the (9) calls on the Secretary of State, the Sec- amended, be agreed to; the Brown of ‘‘Doolittle Tokyo Raiders’’ for outstanding retary of Defense, the Administrator of the Ohio amendment to the preamble be heroism, valor, skill, and service to the United States Agency for International De- agreed to; the preamble, as amended, United States in conducting the bombing of velopment, and the heads of other relevant be agreed to; the Brown of Ohio title Tokyo on April 18, 1942.’’

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S6011 The resolution, as amended, with its agreed to, the Webb amendment to the S. RES. 524 preamble, as amended, reads as follows: preamble be agreed to, the preamble, Whereas the Association of Southeast S. RES. 418 as amended, be agreed to, the motions Asian Nations (ASEAN) plays a key role in strengthening and contributing to peace, Whereas brave American aircraft crewmen, to reconsider be laid upon the table, stability, and prosperity in the Asia-Pacific led by Lieutenant Colonel James Doolittle, with no intervening action or debate, region; volunteered for an ‘‘extremely hazardous and any related statements be printed Whereas the vision of the ASEAN Leaders mission’’ without knowing the target, loca- in the RECORD. in their goals set out in the ASEAN Charter tion, or assignment and willingly put their The PRESIDING OFFICER. Without to integrate ASEAN economically, politi- lives in harm’s way, risking death, capture, cally, and culturally furthers regional peace, and torture; objection, it is so ordered. The resolution (S. Res. 524) was stability, and prosperity; Whereas the conducting of medium bomber Whereas the United States Government operations from a Navy aircraft carrier agreed to. recognizes the importance of a strong, cohe- under combat conditions had never before The amendment (No. 2779) was agreed sive, and integrated ASEAN as a foundation been attempted; to, as follows: for effective regional frameworks to promote Whereas after the discovery of the USS peace and security and economic growth and Hornet by Japanese picket ships 170 miles (Purpose: To amend the preamble) to ensure that the Asia-Pacific community further away from the prearranged launch In the preamble, strike the 6th whereas develops according to rules and norms agreed point, the Raiders proceeded to take off 670 clause and all that follows through the end upon by all of its members; miles from the coast of Japan; and insert the following: Whereas the United States is enhancing Whereas by launching more than 100 miles Whereas ASEAN plays an important role, political, security and economic cooperation beyond the distance considered to be mini- in partnership with others in the regional in Southeast Asia through ASEAN, and mally safe for the mission, the Raiders delib- and international community, in addressing seeks to continue to enhance its role in part- erately accepted the risk that the B–25s maritime security issues in the Asia-Pacific nership with ASEAN and others in the region might not have enough fuel to reach the des- region and into the Indian Ocean, including in addressing transnational issues ranging ignated air-fields in China; open access to the maritime domain of Asia; from climate change to maritime security; Whereas the additional launch distance Whereas the South China Sea is a vital Whereas the United States Government greatly increased the risk of crash landing in part of the maritime domain of Asia, includ- welcomes the development of a peaceful and Japanese occupied China, exposing the crews ing critical sea lanes of communication and prosperous China which respects inter- to higher probability of death, injury, or cap- commerce between the Pacific and Indian national norms, international laws, inter- ture; oceans; national institutions, and international Whereas because of that deliberate choice, Whereas, in the declaration on the conduct rules, and enhances security and peace, and after bombing their targets in Japan, low on of parties in the South China Sea, the gov- seeks to advance a ‘‘cooperative partner- fuel and in setting night and deteriorating ernments of the member states of ASEAN ship’’ between the United States and China; weather, none of the 16 airplanes reached the and the Government of the People’s Republic Whereas ASEAN plays an important role, prearranged Chinese airfields; of China have affirmed ‘‘that the adoption of in partnership with others in the regional Whereas of the 80 Raiders who launched on a code of conduct in the South China Sea and international community, in addressing the raid, 8 were captured, 2 died in the crash, would further promote peace and stability in maritime security issues in the Asia-Pacific and 70 returned to the United States; and the region’’ and have agreed to work towards region and into the Indian Ocean, including Whereas of the 8 captured, 3 were executed the attainment of a code of conduct; open access to the maritime domain of Asia; and 1 died of disease: Now, therefore, be it Whereas, pending the peaceful settlement Whereas the South China Sea is a vital Resolved, That the Senate— of territorial and jurisdictional disputes, the part of the maritime domain of Asia, includ- (1) recognizes the valor, skill, and courage member states of ASEAN and the People’s ing critical sea lanes of communication and of the Raiders that proved invaluable to the Republic of China have committed to ‘‘exer- commerce between the Pacific and Indian eventual defeat of Japan during the Second cise self-restraint in the conduct of activi- oceans; World War; ties that would complicate or escalate dis- Whereas in the declaration on the conduct of parties in the South China Sea, the gov- (2) acknowledges that the actions of the putes and stability, including, among others, ernments of the member states of ASEAN Raiders helped to forge an enduring example refraining from action of inhabiting pres- and the Government of the People’s Republic of heroism in the face of uncertainty for the ently uninhabited islands, reefs, shoals, and of China have affirmed ‘‘that the adoption of Army Air Force of the Second World War, other features and to handle their differences a code of conduct in the South China Sea the future of the Air Force, and the United in a constructive manner’’; would further promote peace and stability in States as a whole; and Whereas, pending the peaceful settlement the region’’ and have agreed to work towards (3) commends the 5 living members and 80 of territorial and jurisdictional disputes, the the attainment of a code of conduct; original members of the Doolittle Tokyo member states of ASEAN and the People’s Whereas pending the peaceful settlement Raiders for their participation in the Tokyo Republic of China affirmed their commit- bombing raid of April 18, 1942. of territorial and jurisdictional disputes, the ment ‘‘to the freedom of navigation in and member states of ASEAN and the People’s f overflight of the South China Sea provided Republic of China have committed to ‘‘exer- for by the universally recognized principles REAFFIRMING STRONG SUPPORT cise self-restraint in the conduct of activi- of international law, including the 1982 UN ties that would complicate or escalate dis- OF THE UNITED STATES OF THE Convention on the Law of the Sea’’; putes and stability, including, among others, PARTIES IN THE SOUTH CHINA Whereas, although not a party to these dis- refraining from action of inhabiting pres- SEA putes, the United States has national inter- ently uninhabited islands, reefs, shoals, and ests in freedom of navigation, the mainte- Mr. REID. Mr. President, I ask unan- other features and to handle their differences nance of peace and stability, respect for in a constructive manner’’; imous consent that the Foreign Rela- international law, and unimpeded lawful Whereas pending the peaceful settlement tions Committee be discharged from commerce; of territorial and jurisdictional disputes, the further consideration of S. Res. 524, Whereas the Government of the People’s member states of ASEAN and the People’s and the Senate proceed to its consider- Republic of China has recently taken unilat- Republic of China affirmed their commit- ation. eral steps to declare the Paracel and Spratly ment ‘‘to the freedom of navigation in and The PRESIDING OFFICER. Without Islands, and their adjacent waters to be a overflight of the South China Sea provided prefectural-level city, and has identified gov- for by the universally recognized principles objection, it is so ordered. ernment leaders to assert administrative The clerk will report the resolution of international law, including the 1982 UN control over 200 islets, sandbanks, and reefs Convention on the Law of the Sea’’; by title. and 2,000,000 square kilometers of water; Whereas although not a party to these dis- The assistant legislative clerk read Whereas the Central Military Commission putes, the United States has national inter- as follows: in China also announced the deployment of a ests in freedom of navigation, the mainte- A resolution (S. Res. 524) reaffirming the garrison of soldiers to this area; and nance of peace and stability, respect for strong support of the United States for the Whereas these steps are contrary to agreed international law, and unimpeded lawful 2002 declaration of conduct of parties in the upon principles with regard to resolving dis- commerce; South China Sea among the member states putes and impede a peaceful resolution of the Whereas the Government of the People’s of ASEAN and the People’s Republic of sovereignty disputes in the South China Sea: Republic of China has recently taken unilat- China, and for other purposes. Now, therefore, be it eral steps to declare the Paracel and Spratly The preamble, as amended, was Islands, and their adjacent waters to be a There being no objection, the Senate prefectural-level city, and has identified gov- proceeded to consider the resolution. agreed to. ernment leaders to assert administrative Mr. REID. Mr. President, I ask unan- The resolution with its preamble as control over 200 islets, sandbanks, and reefs imous consent that the resolution be amended, reads as follows: and 2,000,000 square kilometers of water;

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Whereas the Central Military Commission S. RES. 544 Whereas the Air Weather Service has par- in China also announced the deployment of a (Congratulating the Navy Dental Corps on ticipated in every military operation from garrison of soldiers to this area; and its 100th anniversary) operations in Vietnam to Iraq and Afghani- Whereas these steps are contrary to agreed stan; Whereas on August 22, 1912, Congress upon principles with regard to resolving dis- Whereas the Air Weather Service was reor- passed an Act recognizing Navy dentistry as putes and impede a peaceful resolution of the ganized into a field operating agency on a distinct branch among naval medical pro- sovereignty disputes in the South China Sea: April 1, 1991, reporting directly to the Air fessions; Now, therefore, be it Staff; Whereas in the last century, the Navy Den- Resolved, That the Senate— Whereas, on October 15, 1997, the Air tal Corps has supported the Navy by sus- (1) reaffirms the strong support of the Weather Service was redesignated as the Air taining Sailor and Marine readiness and pro- United States for the 2002 declaration of con- Force Weather Agency and subsequently viding routine and emergency dental care, duct of parties in the South China Sea headquartered at Offutt Air Force Base, Ne- ashore and afloat, in peace and in war; among the member states of ASEAN and the braska; Whereas the Navy Dental Corps works con- People’s Republic of China; Whereas, in June 2008, construction was tinuously to improve the health of Sailors, (2) supports the member states of ASEAN, completed on a new 188,000-square-foot head- Marines, and their families by supporting in- and the Government of the People’s Republic quarters building for the Air Force Weather dividual and community prevention initia- of China, as they seek to adopt a legally Agency at Offutt Air Force Base; tives, good oral hygiene practices, and treat- binding code of conduct of parties in the Whereas the civilian community sur- ment; South China Sea, and urges all countries to rounding Offutt Air Force Base fully recog- Whereas the Navy Dental Corps endeavors substantively support ASEAN in its efforts nizes the tremendous dedication and con- to improve oral health worldwide by partici- in this regard; tributions of the personnel stationed at pating in the spectrum of military combat, (3) strongly urges that, pending adoption of Offutt Air Force Base to the global fighting peacekeeping, and humanitarian operations a code of conduct, all parties, consistent force, and likewise, base personnel express and exercises; with commitments under the declaration of constant praise and appreciation to the civil- Whereas the Navy Dental Corps, in collabo- conduct, ‘‘exercise self-restraint in the con- ian community for its outstanding support; ration with national and international den- duct of activities that would complicate or Whereas, in close cooperation with the Na- tal organizations, promotes dental profes- escalate disputes and stability, including, tional Weather Service, Air Force Weather sionalism and quality of care; among others, refraining from action of in- has supported a wide variety of missions Whereas the Navy Dental Corps supports habiting presently uninhabited islands, reefs, from its base in Nebraska, including space the mission of the Federal dental research shoals and other features and to handle their launches and solar observation; and program and endorses improved dental tech- differences in a constructive manner’’; Whereas Air Force Weather has continued nologies and therapies through research and (4) supports a collaborative diplomatic to produce timely, accurate, and continuous adherence to sound scientific principles; and process by all claimants for resolving out- weather information to locate targets in any Whereas the Navy Dental Corps recognizes standing territorial and jurisdictional dis- battle around the world or in space: Now, the importance of continuing professional putes, allowing parties to peacefully settle therefore, be it dental education, requiring and supporting claims and disputes using international law; specialty dental education and postgraduate Resolved, That the Senate— (5) reaffirms the United States commit- residencies and fellowships for its members: (1) recognizes the 75th anniversary of Air ment— Now, therefore, be it Force Weather and its prominent role in na- (A) to assist the nations of Southeast Asia Resolved, That the Senate— tional security; to remain strong and independent; (1) congratulates the Navy Dental Corps on (2) remembers the immeasurable contribu- (B) to help ensure each nation enjoys peace its 100th anniversary; tions of Air Force Weather in protecting the and stability; (2) commends the Navy Dental Corps for lives of members of the Armed Forces and (C) to broaden and deepen economic, polit- working to sustain the dental readiness and citizens of the United States through timely ical, diplomatic, security, social, and cul- the oral health of a superb fighting force; and accurate reporting and forecasting; and tural partnership with ASEAN and its mem- and (3) honors the 1,200 personnel who cur- ber states; and (3) recognizes the thousands of dentists rently serve within Air Force Weather and (D) to promote the institutions of emerg- who have served in the Navy Dental Corps those who have carried on its tradition of ex- ing regional architecture and prosperity; and over the last 100 years, providing dental care cellence through their continued service at (6) supports enhanced operations by the to millions of members of the Armed Forces Offutt Air Force Base in Nebraska. United States armed forces in the Western and their families. Pacific, including in the South China Sea, S. RES. 546 including in partnership with the armed S. RES. 545 (Designating the week of September 10, 2012, forces of others countries in the region, in (Commemorating the 75th Anniversary of as ‘‘National Adult Education and Family support of freedom of navigation, the main- Air Force Weather) Literacy Week’’) tenance of peace and stability, respect for Whereas the United States Army Air Corps Whereas the National Assessment of Adult international law, including the peaceful res- assumed responsibility for military weather Literacy reports that 90,000,000 adults lack olution of issues of sovereignty, and services on July 1, 1937, beginning a legacy of the literacy, numeracy, or English-language unimpeded lawful commerce. superior service to Army and Air Force com- skills necessary to succeed at home, in the manders for the next 75 years; workplace, and in society; f Whereas the United States Army Air Whereas the literacy of the people of the Forces activated the Weather Wing on April United States is essential for the economic RESOLUTIONS SUBMITTED TODAY 14, 1943, in time to provide General Dwight D. and societal well-being of the United States; Mr. REID. Mr. President, I ask unan- Eisenhower with reports and forecasts vital Whereas the United States reaps the eco- imous consent that the Senate proceed to the success of Operation Overlord, the re- nomic benefits of individuals who improve entry of the Allies into Europe against re- their literacy, numeracy, and English-lan- en bloc to the following resolutions: S. sistance from German occupation forces, and guage skills; Res. 544, S. Res. 545, S. Res. 546, and S. subsequent operations in Europe and the Pa- Whereas literacy and educational skills are Res. 547. cific; necessary for individuals to fully benefit There being no objection, the Senate Whereas 68 personnel from the Weather from the range of opportunities available in proceeded to consider the resolutions Wing lost their lives in World War II; the United States; en bloc. Whereas the Weather Wing was redesig- Whereas the United States’ economy and Mr. REID. I ask unanimous consent nated as the Army Air Forces Weather Serv- position in the world marketplace depend on that the resolutions be agreed to, the ice in 1945, and the Air Weather Service in having a literate, skilled population; 1946; Whereas the unemployment rate in the preambles be agreed to, the motions to Whereas, in July of 1947, the Air Weather United States is highest among those with- reconsider be laid upon the table en Service became a part of the newly formed out a high school diploma or an equivalent bloc, with no intervening action or de- United States Air Force with a mission to credential, demonstrating that education is bate and any statements relating to support both the Army and Air Force; important to economic recovery; the resolutions be printed in the Whereas, in 1948, the Air Weather Service Whereas the educational skills of a child’s RECORD. issued its first tornado warning; parents and the practice of reading to a child The PRESIDING OFFICER. Without Whereas the Air Weather Service provided have a direct impact on the educational suc- objection, it is so ordered. critical reports and forecasts to com- cess of the child; manders, planners, and aircrews in support Whereas parental involvement in a child’s The resolutions were agreed to. of the Berlin Airlift, enabling the successful education is a key predictor of a child’s suc- The preambles were agreed to. efforts to stare down Premier of the Soviet cess, and the level of parental involvement The resolutions, with their pre- Union Joseph Stalin in the first major con- in a child’s education increases as the edu- ambles, read as follows: frontation of the Cold War; cational level of the parent increases;

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Res. 135) literacy programs become more involved in Space Center in Florida, on October 5, 1984; authorizing the use of the rotunda of the their children’s education and gain the tools Whereas, in June of 1985, Dr. Ride was as- Capitol for the presentation of the Congres- necessary to obtain a job or find better em- signed to the crew of STS 61-M for which sional Gold Medal to Daw Aung San Suu Kyi, ployment; mission training terminated in January of in recognition of her leadership and perse- Whereas, as a result of family literacy pro- 1986, following the space shuttle Challenger verance in the struggle for freedom and de- grams, the lives of children become more accident; mocracy in Burma. stable, and their success in the classroom Whereas Dr. Ride served as a member of There being no objection, the Senate the Presidential Commission investigating and in future endeavors becomes more like- proceeded to consider the concurrent ly; the space shuttle Challenger accident and, Whereas adults need to be part of a long- upon completing that investigation, was as- resolution. term solution to the educational challenges signed to NASA Headquarters as a Special Mr. REID. I ask unanimous consent of the United States; Assistant to the Administrator for long- that the concurrent resolution be Whereas many older people in the United range and strategic planning; agreed to and the motion to reconsider States lack the reading, math, or English Whereas, in 1989, Dr. Ride joined the fac- be laid upon the table. skills necessary to read a prescription and ulty at the University of California, San The PRESIDING OFFICER. Without follow medical instructions, which endangers Diego, as a Professor of Physics and Director of the California Space Institute, a research objection, it is so ordered. their lives and the lives of their loved ones; The concurrent resolution (H. Con. Whereas many individuals who are unem- unit at the University of California; ployed, underemployed, or receive public as- Whereas, following her passion of moti- Res. 135) was agreed to. sistance lack the literacy skills necessary to vating girls and young women to pursue ca- f obtain and keep a job to provide for their reers in science, math, and technology, Dr. families, to continue their education, or to Ride founded her own company, known as PROVIDING FOR A CONDITIONAL participate in job training programs; Sally Ride Science, in 2001, to create enter- ADJOURNMENT OR RECESS OF Whereas many high school dropouts do not taining science programs and publications THE SENATE AND AN ADJOURN- have the literacy skills necessary to com- for upper elementary and middle school stu- MENT OF THE HOUSE OF REP- plete their education, transition to postsec- dents, as well as their parents and teachers; RESENTATIVES ondary education or career and technical Whereas, as a long-time advocate for im- training, or obtain a job; proved science education, Dr. Ride initiated Mr. REID. I ask unanimous consent Whereas a large portion of individuals in and directed education projects designed to that the Senate proceed to the consid- prison have low educational skills, and pris- fuel the fascination of middle school stu- eration of S. Con. Res. 59. oners without educational skills are more dents with science and wrote 5 science books The PRESIDING OFFICER. The likely to return to prison once released; for children, entitled: To Space and Back, The clerk will report the concurrent resolu- Whereas many immigrants in the United Mystery of Mars, Voyager: An Adventure to the Edge of the Solar System, Exploring Our Solar tion by title. States do not have the literacy skills nec- The assistant legislative clerk read essary to succeed in the United States; and System, and The Third Planet: Exploring the Earth from Space; as follows: Whereas National Adult Education and Whereas Dr. Ride served as a member of Family Literacy Week highlights the need to A concurrent resolution (S. Con. Res. 59) the President’s Counsel of Advisors on ensure each and every citizen has the lit- providing for a conditional adjournment or Science and Technology, the Space Studies eracy skills necessary to succeed at home, at recess of the Senate and an adjournment of Board, and the Pacific Council on Inter- work, and in society: Now, therefore, be it the House of Representatives. national Policy; Resolved, That the Senate— Whereas Dr. Ride was a fellow of the Amer- There being no objection, the Senate (1) designates the week of September 10, ican Physical Society and also served on the proceeded to consider the concurrent 2012 as ‘‘National Adult Education and Fam- boards of the Office of Technology Assess- resolution. ily Literacy Week’’ to raise public awareness ment, the Carnegie Institution of Wash- Mr. REID. I ask unanimous consent about the importance of adult education, ington, the National Collegiate Athletic As- that the concurrent resolution be workforce skills, and family literacy; sociation Foundation, the Aerospace Cor- (2) encourages people across the United agreed to, the motion to reconsider be poration, and the California Institute of laid upon the table, with no inter- States to support programs to assist those in Technology; need of adult education, workforce skills, Whereas Dr. Ride was the only person to vening action or debate, and any state- and family literacy programs; have served on commissions investigating ments related to the concurrent resolu- (3) recognizes the importance of adult edu- both the space shuttle Challenger and Colum- tion be printed in the RECORD. cation, workforce skills, and family literacy bia accidents; and The PRESIDING OFFICER. Without programs; and Whereas Dr. Ride has received numerous objection, it is so ordered. (4) calls upon public, private, and nonprofit honors and awards, including induction into The concurrent resolution (S. Con. entities to support increased access to adult the National Women’s Hall of Fame and the Res. 59) was agreed to, as follows: education and family literacy programs to Astronaut Hall of Fame, the Jefferson Award ensure a literate society. for Public Service, the Wernher von Braun S. CON. RES. 59 S. RES. 547 Memorial Award of the National Space Soci- Resolved by the Senate (the House of Rep- ety, the Lindbergh Eagle Award, the Theo- resentatives concurring), That when the Sen- (Honoring the life of pioneering astronaut dore Roosevelt Award of the National Colle- ate recesses or adjourns on any day from Dr. Sally Ride and expressing the condo- giate Athletic Association, and 2 NASA Thursday, August 2, 2012, through Tuesday, lences of the Senate on her death) Space Flight Medals: Now, therefore, be it August 7, 2012, on a motion offered pursuant Whereas Dr. Sally Ride was born on May Resolved, That the Senate— to this concurrent resolution by its Majority 26, 1951, in Los Angeles, California; (1) expresses its deepest condolences to the Leader or his designee, it stand recessed or Whereas Dr. Ride graduated high school family and friends of Dr. Sally Ride on her adjourned until 12:00 noon on Monday, Sep- from Westlake School for Girls in Los Ange- death; tember 10, 2012, or such other time on that les in 1968, and received from Stanford Uni- (2) mourns the loss of Dr. Ride, a trail- day as may be specified by its Majority versity a Bachelor of Science in Physics and blazing pioneer who inspired millions of indi- Leader or his designee in the motion to re- a Bachelor of Arts in English in 1973, a Mas- viduals, especially women and girls, to reach cess or adjourn, or until the time of any re- ter of Science in 1975, and a doctorate degree for the stars; and assembly pursuant to section 2 of this con- in physics in 1978; (3) appreciates all of the contributions of current resolution, whichever occurs first; Whereas the National Aeronautics and Dr. Ride to science, physics, education, and and that when the House adjourns on any Space Administration (referred to in this human spaceflight. legislative day from Thursday, August 2, preamble as ‘‘NASA’’) selected Dr. Ride as an f 2012, through Tuesday, August 7, 2012, on a astronaut candidate in January of 1978; motion offered pursuant to this concurrent Whereas Dr. Ride worked on the ground as AUTHORIZING USE OF THE resolution by its Majority Leader or his des- a communications officer for the second and CAPITOL ROTUNDA ignee, it stand adjourned until 2:00 p.m. on third NASA space shuttle missions (STS-2 Mr. REID. I ask unanimous consent Monday, September 10, 2012, or until the and STS-3) and helped develop the robot arm time of any reassembly pursuant to section 2 used by shuttle crews; that the Senate proceed to the consid- of this concurrent resolution, whichever oc- Whereas, on June 18, 1983, Dr. Ride became eration of H. Con. Res. 135. curs first. the first woman from the United States to The PRESIDING OFFICER. The SEC. 2. The Majority Leader of the Senate travel in space when she served as a mission clerk will report the concurrent resolu- and the Speaker of the House, or their re- specialist for space shuttle mission STS-7; tion by title. spective designees, acting jointly after con- Whereas Dr. Ride also served as a mission The assistant legislative clerk read sultation with the Minority Leader of the specialist on space shuttle mission STS 41-G, as follows: Senate and the Minority Leader of the

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S6014 CONGRESSIONAL RECORD — SENATE August 2, 2012 House, shall notify the Members of the Sen- day. I really mean that. She has added that at 5 p.m. the Senate proceed to ex- ate and House, respectively, to reassemble at a lot of vibrancy to this body, she is al- ecutive session under the previous such place and time as they may designate ways pleasant, and she has always been order. if, in their opinion, the public interest shall available to me, even though she sits The PRESIDING OFFICER. Without warrant it. on the Republican side, and to every- objection, it is so ordered. f one else. f So I am happy for her in one way: MEASURE READ THE FIRST PROGRAM TIME—S. 3519 She is leaving because she fell in love and is getting married, and I am very Mr. REID. Mr. President, if pro forma Mr. REID. Mr. President, I under- happy for her. But we are really a sessions are necessary—and it appears stand there is a bill at the desk, and I small group of people at this front desk they are; the House turned down the ask for its first reading. who do so much to make this place run adjournment resolution—Senators The PRESIDING OFFICER. The properly. And even though she has been should be aware that starting Tuesday, clerk will report the bill by title for here 7 years, this is something I am August 7, the pro forma sessions will be the first time. confident will be with her the rest of held in Hart 216 while repairs are made The assistant legislative clerk read her life. I am grateful to her for her at- in the Senate Chamber. as follows: titude and her professionalism, and I The next rollcall vote will be at 5:30 A bill (S. 3519) to require sponsoring Sen- wish her the very best. p.m. on Monday, September 10, on con- ators to pay the printing cost of ceremonial firmation of the Rose nomination. f and commemorative Senate resolutions. Additionally, this evening cloture Mr. REID. I now ask for a second ACKNOWLEDGING THE SENATE was filed on the motion to proceed to reading, but in order to place the bill PAGES S. 3457, the Veterans Jobs Corps Act. on the calendar under the provisions of Mr. REID. Mr. President, we have That vote will be at 2:15 p.m. on Tues- rule XIV, I object to my own request. had a wonderful group of summer day, September 11. The PRESIDING OFFICER. Objec- pages. I am so glad we have these f tion is heard. The legislation will be young men and women. As I have said ADJOURNMENT UNTIL 10:15 A.M. read for the second time on the next a number of times and I repeat tonight, TOMORROW legislative day. two of my grandchildren have been Mr. REID. If there is no further busi- f pages. It was a wonderful, life-altering experience for them. I now have had ness to come before the Senate, I ask APPOINTMENTS AUTHORITY another—my grandson—as one of the unanimous consent it adjourn under the previous order. Mr. REID. I ask unanimous consent summer pages, and he has had a great The PRESIDING OFFICER. Under that notwithstanding the upcoming re- time. So I am glad we have the page the previous order, the Senate stands cess or adjournment of the Senate, the program. They are helpful to us, and I adjourned until 10:15 a.m. tomorrow, President of the Senate, the President wish them the very best. I hope their unless the Senate receives a message pro tempore, and the majority and mi- experiences are as good as my three from the House that it has adopted S. nority leaders be authorized to make grandchildrens’ experiences. Con. Res. 59, in which case the Senate appointments to commissions, commit- f stands adjourned until 2 p.m. on Mon- tees, boards, conferences, or inter- ORDERS FOR FRIDAY, AUGUST 3, day, September 10, 2012, under the pro- parliamentary conferences authorized 2012, THROUGH MONDAY, SEP- visions of S. Con. Res. 59. by law, by concurrent action of the two TEMBER 10, 2012 Thereupon, the Senate, at 8:31 p.m., Houses, or by order of the Senate. Mr. REID. Mr. President, I ask unan- adjourned until Friday, August 3, 2012, The PRESIDING OFFICER. Without at 10:15 a.m. objection, it is so ordered. imous consent that when the Senate completes its business today, it ad- f f journ and convene for pro forma ses- NOMINATIONS sions only, with no business conducted, AUTHORITY FOR COMMITTEES TO Executive nominations received by REPORT on the following dates and times, and that following each pro forma session, the Senate: Mr. REID. Mr. President, I ask unan- the Senate adjourn until the next pro THE JUDICIARY imous consent that notwithstanding forma session: Friday, August 3, at PAMELA KI MAI CHEN, OF NEW YORK, TO BE UNITED STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT the Senate’s recess, committees be au- 10:15 a.m.; Tuesday, August 7, at 11 thorized to report legislative and exec- OF NEW YORK, VICE RAYMOND J. DEARIE, RETIRED. a.m.; Friday, August 10, at 11 a.m.; DEPARTMENT OF THE TREASURY utive matters on Tuesday, August 28, Tuesday, August 14, at 2:30 p.m.; Fri- from 12 noon to 2 p.m. CHRISTOPHER J. MEADE, OF NEW YORK, TO BE GEN- day, August 17, at 11:30 a.m.; Tuesday, ERAL COUNSEL FOR THE DEPARTMENT OF THE TREAS- The PRESIDING OFFICER. Without August 21, at 10 a.m.; Friday, August URY, VICE GEORGE WHEELER MADISON, RESIGNED. objection, it is so ordered. 24, at 10 a.m.; Tuesday, August 28, at AFRICAN DEVELOPMENT FOUNDATION f 2:30 p.m.; Friday, August 31, at 11:30 IQBAL PAROO, OF FLORIDA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE AFRICAN DEVELOPMENT a.m.; Tuesday, September 4, at 11:30 SIGNING AUTHORITY FOUNDATION FOR A TERM EXPIRING SEPTEMBER 22, 2017, a.m.; and Friday, September 7, at 12 VICE JULIUS E. COLES, TERM EXPIRED. Mr. REID. Mr. President, I ask unan- noon; and that the Senate adjourn on SAINT LAWRENCE SEAWAY DEVELOPMENT imous consent that from Thursday, Au- Friday, September 7, until 2 p.m. on CORPORATION gust 2, to Monday, September 10, the Monday, September 10, unless the Sen- WILLIAM J. MIELKE, OF WISCONSIN, TO BE A MEMBER majority leader and Senators WEBB, OF THE ADVISORY BOARD OF THE SAINT LAWRENCE ate has received a message from the SEAWAY DEVELOPMENT CORPORATION, VICE GEORGE D. REED of Rhode Island, CONRAD, and House that it has adopted S. Con. Res MILIDRAG. CARDIN be authorized to sign duly en- ARTHUR H. SULZER, OF PENNSYLVANIA, TO BE A MEM- 59, which is the adjournment resolu- BER OF THE ADVISORY BOARD OF THE SAINT LAWRENCE rolled bills or joint resolutions. tion, and that if the Senate has re- SEAWAY DEVELOPMENT CORPORATION, VICE CHARLES The PRESIDING OFFICER. Without ceived such a message, the Senate ad- E. DORKEY III. objection, it is so ordered. journ until Monday, September 10, at 2 DEPARTMENT OF DEFENSE ERIC KENNETH FANNING, OF THE DISTRICT OF COLUM- f p.m., under the provisions of S. Con. BIA, TO BE UNDER SECRETARY OF THE AIR FORCE, VICE Res. 59; that following the prayer and ERIN C. CONATON, RESIGNED. TRIBUTE TO ASHLEY MESSICK pledge, the Journal be approved to IN THE AIR FORCE Mr. REID. Mr. President, I wish to date, the morning hour be deemed ex- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT take a minute and express my appre- pired and the time for the two leaders IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE ciation—and I speak for all Senators— be reserved for their use later in the AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION to Ashley Messick, who sits right here day; that the majority leader be recog- 601: in front of us and has for 7 years. Hon- nized and Senators be permitted to To be lieutenant general estly, it seems she just came yester- speak for up to 10 minutes each; and MAJ. GEN. CHRISTOPHER C. BOGDAN

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00114 Fmt 4624 Sfmt 9801 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S6015 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major WILLIAM J. PARISH IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- FRANCISCO RIVERA CATED UNDER TITLE 10, U.S.C., SECTION 12203: GREGORY S. ULMA CHAD J. STUEWE To be brigadier general THE FOLLOWING NAMED OFFICER FOR REGULAR AP- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT POINTMENT IN THE GRADE INDICATED IN THE UNITED TO THE GRADE INDICATED IN THE UNITED STATES NAVY COL. JON A. WEEKS STATES ARMY UNDER TITLE 10, U.S.C., SECTIONS 531: UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major To be lieutenant commander IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 624: PATRICK P. METKE MATTHEW R. ALLEN To be major general THE FOLLOWING NAMED ARMY NATIONAL GUARD OF LARA R. BOLLINGER THE UNITED STATES OFFICER FOR APPOINTMENT TO KATHARINE M. CEREZO BRIG. GEN. ANDREW M. MUELLER THE GRADE INDICATED IN THE RESERVE OF THE ARMY EDWARD A. EARLY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: GREGORY L. FLORES IN THE ARMY JESSICA L. GANDY To be colonel COURTNEY L. HILLSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KARL J. LETTOW IN THE RESERVE OF THE ARMY TO THE GRADE INDI- DREW D. DUKETT REANN S. MOMMSEN CATED UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR REGULAR AP- REBECCA L. REBARICH To be brigadier general POINTMENT IN THE GRADE INDICATED IN THE UNITED JOE M. VASQUEZ STATES ARMY MEDICAL SERVICE CORPS UNDER TITLE BRIAN T. WIERZBICKI MICHAELENE A. KLOSTER 10, U.S.C., SECTIONS 531 AND 3064: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant colonel TO THE GRADE INDICATED IN THE UNITED STATES NAVY IN THE RESERVE OF THE ARMY TO THE GRADE INDI- UNDER TITLE 10, U.S.C., SECTION 624: CATED UNDER TITLE 10, U.S.C., SECTION 12203: DAVID A. CORTESE To be lieutenant commander To be brigadier general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE GRADE INDICATED IN THE REGULAR ARMY CHAP- WILLIAM E. BLANKS COL. GARRETT S. YEE LAINS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: DANIEL E. BROWN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major NATHANIAL R. CANNISTRA IN THE RESERVE OF THE ARMY TO THE GRADE INDI- JAMES G. GABRIEL CATED UNDER TITLE 10, U.S.C., SECTION 12203: JEFFREY T. WHORTON MIMI H. GAFFNEY CHRISTOPHER E. HOGGARD THE FOLLOWING NAMED OFFICER FOR REGULAR AP- To be brigadier general COLLIN D. KORENEK POINTMENT IN THE GRADE INDICATED IN THE UNITED STEVEN D. MCKENDRY COL. MARION GARCIA STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., RYAN J. OCONNELL SECTIONS 531 AND 3064: THE FOLLOWING ARMY NATIONAL GUARD OF THE JODY G. POUNDS UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- To be major JASON T. RITCHIE SERVE OF THE ARMY TO THE GRADE INDICATED UNDER JOSEPH R. RUCK TITLE 10, U.S.C., SECTIONS 12203 AND 12211: CHARLES J. ROMERO OBIE I. SHABAZZ To be major general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEREMY J. WAGNER IN THE GRADE INDICATED IN THE REGULAR ARMY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIG. GEN. DEBORAH A. ASHENHURST JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING ARMY NATIONAL GUARD OF THE U.S.C., SECTIONS 531 AND 3064: UNDER TITLE 10, U.S.C., SECTION 624: UNITED STATES OFFICERS FOR APPOINTMENT IN THE To be major RESERVE OF THE ARMY TO THE GRADE INDICATED To be lieutenant commander UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: TANASHA N. BENNETT BRADLEY H. ABRAMOWITZ To be major general REIES M. FLORES SCOTT D. BLUE THE FOLLOWING NAMED ARMY NATIONAL GUARD OF CHRISTOPHER G. CARR BRIG. GEN. JUDD H. LYONS THE UNITED STATES OFFICERS FOR APPOINTMENT TO MICHAEL S. CURTIS BRIG. GEN. LEE E. TAFANELLI THE GRADE INDICATED IN THE RESERVE OF THE ARMY DAMIEN A. DODGE THE FOLLOWING ARMY NATIONAL GUARD OF THE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: DEREK J. DYE UNITED STATES OFFICERS FOR APPOINTMENT IN THE To be colonel JAMES A. GRANT RESERVE OF THE ARMY TO THE GRADES INDICATED MATTHEW E. HAGSTETTE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: BRAD D. BEKKEDAHL JAMES L. HAMMERSLA III RANDALE J. HONAKER To be major general ROBERT D. BURKE GEORGE L. CHARFAUROS EDGAR W. JATHO III BRIG. GEN. KENDALL W. PENN ERIC S. KOHL DUSTIN M. JOHNS SCOTT J. MCATEE COLIN G. LARKINS To be brigadier general DONALD D. PEREZ, JR. STEVEN C. LAYFIELD CORNELIUS L. MASON COL. KEITH A. KLEMMER DANIEL R. WATERS BERNARD E. WILLIFORD JOSEPH A. MAXWELL IN THE NAVY WILLIAM L. ZANA JORDAN A. MCCALEB MICHAEL K. MEADOR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE NAVY DAVID C. PEREZ IN THE UNITED STATES NAVY TO THE GRADE INDICATED ROBERT J. TURCIC THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ERIC A. WEISS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be vice admiral 531: TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: REAR ADM. (LH) JAMES D. SYRING To be lieutenant commander To be lieutenant commander IN THE AIR FORCE ALAN T. WAKEFIELD CHARITY A. BREIDENBACH THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR THE FOLLOWING NAMED OFFICER FOR REGULAR AP- CHARLES M. CASTEVENS APPOINTMENT TO THE GRADE INDICATED IN THE POINTMENT IN THE GRADE INDICATED IN THE UNITED CALVIN J. CUNNINGHAM, SR. UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 531 DENNIS P. DAVIO 531: AND 716: TAMMY L. FARNWORTH To be major To be lieutenant commander STEPHEN E. GARDIPEE ERIC C. GLOVER MICHAEL F. WENDELKEN TASSOS J. SFONDOURIS WILLIAM J. GRAY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIAN J. HAWKINS TO THE GRADE INDICATED IN THE UNITED STATES AIR TO THE GRADE INDICATED IN THE UNITED STATES NAVY EDWARD U. HOOD FORCE UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 624: DANIEL T. JONES TROY W. MASK To be major To be lieutenant commander ALEJANDRO PALOMINO ERIC L. QUARLES GLEN CABARCAS MICHAEL M. HOWARD LANCE A. ROBERTS BRYCE W. DONOVAN PATRICK E. KNOESTER KRYSTYNA H. SHUDY RICARDO A. FERRA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM E. SIDDLE, JR. TO THE GRADES INDICATED IN THE REGULAR AIR FORCE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSEPH E. STIERWALT UNDER TITLE 10, U.S.C., SECTION 531: TO THE GRADE INDICATED IN THE UNITED STATES NAVY PAUL E. THOMAS UNDER TITLE 10, U.S.C., SECTION 624: To be lieutenant colonel NICHOLAS T. WALKER To be lieutenant commander DAVID A. YOUNG KARYN J. AYERS PHILLIP A. ZAMARRIPA JOEL B. SOLOMON CHUCK J. BROWDER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FRANCIS J. CARMODY III TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be major MICHAEL J. HARRIS UNDER TITLE 10, U.S.C., SECTION 624: STEVEN C. MALVIG JOHN M. TUDELA BRIAN D. MCKEON To be lieutenant commander THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JENNIFER M. MCNITT TO THE GRADES INDICATED IN THE UNITED STATES AIR DOUGLAS W. PEARMAN HENRY L. BUSH FORCE UNDER TITLE 10, U.S.C., SECTION 624: SCOTT A. SPILKER BRIAN P. CAMPBELL CHRISTOPHER K. TUGGLE TIMOTHY M. CARMON To be lieutenant colonel DALTON H. CLARKE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SCOTT F. COLE KIMBERLY A. DALE TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROBERT B. CONNER BENJAMIN H. MCMATH III UNDER TITLE 10, U.S.C., SECTION 624: JOSHUA B. DAILY To be major To be lieutenant commander STEVEN J. DEBICH ANTHONY E. DOBSON JAMES B. SMITH DANIEL ARANDA VANESSA I. FORREST CHRISTOPHER B. VOGLER LUCAS G. BARLOW JACOB P. GALBREATH IN THE ARMY BEATA I. GONZALES CALVIN B. GATES ERIC A. GUTTMANN CRAIG M. GILKEY THE FOLLOWING NAMED OFFICER FOR REGULAR AP- RANDALL D. JONES STEPHEN C. GRAY POINTMENT IN THE GRADE INDICATED IN THE UNITED JONATHAN D. LOHN ANTHEUS D. HEBERT STATES ARMY UNDER TITLE 10, U.S.C., SECTIONS 531: ANDREW C. OCONNOR JUSTIN R. HENDRIX

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00115 Fmt 4624 Sfmt 9801 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE S6016 CONGRESSIONAL RECORD — SENATE August 2, 2012

ZHIVAGO S. JOHNSON FRANK T. BORREGO KURTIS J. KRUG BLAKE W. LAFEVER ADAM G. BORSMAN BRYAN J. KUPYAR MICHAEL R. LARAYA JAMES C. BOSTICK ERIC M. LAETTNER DALE R. LISKEY JERRY C. BREWER, JR. KENNETH M. LANE XINYANG F. LIU JASON D. BRISTLIN CAROL A. LANSDOWN WILLIAM L. OREE ANTHONY D. BROWN RANDALL J. LAVERN TRACEY L. RHONE ELTON J. BROWN JOHN O. LEE SHELDON L. SNYDER SATONYA A. BROWN LANCE R. LINDLEY STANLEY C. WARE SCOTT A. BROWN RONALD T. LOFTON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BARRY W. BUDWELL TODD G. LOMBARD TO THE GRADE INDICATED IN THE UNITED STATES NAVY KEITH C. BURDICK MICHAEL E. LOVELACE UNDER TITLE 10, U.S.C., SECTION 624: SHAWN L. BURMEISTER KEITH R. LUCKETT CHRISTOPHER C. BURNETT NICHOLAS D. LUTES To be lieutenant commander ERIC S. BUSIG WILLARD E. LYLES II WILLIAM T. BYERS CRAIG H. MACDONALD KYLE R. ALCOCK DAVID E. BYRNE TRACY L. MACKEY MARK D. ANDERSON KEVIN P. CAIN JADE K. MAGUIGAD KRISTOPHER M. BRAZIL CHRISTOPHER M. CALHOUN TIMOTHY D. MAGUIRE EDWARD A. CARLTON STEVEN C. CARLSON RICHARD MARTINEZ CHRISTOPHER J. CARMICHAEL CHRISTOPHER D. CATON PETER J. MARTINO III ANDREA M. CASSIDY LOUIE CEDILLOS MICHAEL A. MASONER MARTIN F. FAJARDO CURT W. CHAFFINCH CARL A. MATTEUCCI BENJAMIN W. FISCHER JAMES L. CLARK III GEORGE E. MAYES CHRISTINE L. FLETCHER LISA A. CLARK WILLIAM C. MCBRIDE MICHAEL P. GUMINA MATT CLARK RONALD W. MCCALLISTER CHARLES R. HARMON RICHARD L. CLIFFORD JEFFREY B. MCCOULSKEY MICHAEL J. KEPPEN MARK K. CORBLISS JEFFERY B. MCCRADY JOSHUA B. KINGSTON JOHN A. COURTIAL ARRON M. MCGRATH NATHALIE C. KOCIS CHRISTOPHER E. CRAVEN CATINA N. MCINTOSH DAVID B. KOPF BENJAMIN F. I. CREHORE DESTRY L. MCKENZIE MATTHEW S. LARKIN MARCUS A. CREIGHTON MICHAEL S. MCPHERSON NICHOLAS LONG SCOTT B. CROLY GERONIMO M. MENDOZA QUINTRELL L. MCCREARY GREGORY A. CURL SAMUEL B. MERRITT BRANDI S. MCGEHEE CARLITO S. DACOCO JON A. MILLER JASON L. MCNEAR DANIEL G. DAVIGNON SCOTT O. MILLER CHRISTOPHER R. MILES KENT L. DAVIS DERRICK L. MITCHELL DANIEL A. NELSON MARY C. DECKER JEFFREY A. MOEN ROGER D. PHELPS, JR. RONALD L. DELGADO GREGORY R. MOILES DONALD A. ROBERTS DONALD F. DEVINE, JR. MICHAEL D. MONROE AARON SANCHEZ MICHAEL J. DEVITO, JR. DAVID C. MOORE TIFFONEY L. SAWYER THOMAS M. DOANE JOHNATHAN R. MOORE SAVANNA S. STEFFEN GREGORY C. DOIRON JOHN C. MORRIS CLARENCE D. WASHINGTON PAUL G. DOUVIER JEFFREY A. MOTICHKA SHEREE T. WILLIAMS JOHN P. DOYLE RICKY W. MUNSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT EARL D. DREY, JR. THOMAS C. MURDOCK TO THE GRADE INDICATED IN THE UNITED STATES NAVY SHANE D. DUDLEY DAVID E. NAGY UNDER TITLE 10, U.S.C., SECTION 624: MARK A. DUNNING JIMMY D. NAVARRO TODD L. DUPREE DAVID NAVAS To be lieutenant commander MICHAEL G. DYER MICHAEL D. NEHRING LONNIE A. EASTER JIMMIE L. NELSON JEREMIAH P. ANDERSON MICHAEL B. EDQUIST TODD M. NENNICH TRAVIS J. ANDERSON JEFFREY S. EIDENBERGER CHRISTOPHER J. OLEARY BRIAN M. AUTRY GERALD W. ELDER JOHNNY D. PAGE JOSHUA A. BEAUVAIS RODNEY J. ELISH PETER J. PALLAS MOLLIE A. BILY RICHARD R. EMERSON RICHARD L. PARSON ROBERT D. BLANCHARD MATTHEW J. FINNERAN DESMOND B. PENROSE STEPHEN T. BLEVINS JUAN C. FLORES DENVER L. PETERS CARL K. BODIN KEITH R. FORIS IAN A. PETERSON ERIC P. BOERNKE PAUL G. FRANKLIN JAY D. PONTON II JOHN F. BOSEMAN MICHAEL E. FROST MARK A. POWELL DAVID T. BURGGRAFF BRENT W. FULTON TIMOTHY M. PRATT JAMIE E. COOK PETER H. FURMAN GREGORY B. PRICE NATHANIEL S. COSTELLO LEONARD J. GAMBLE MICHAEL A. PRINCE RICHARD L. DULDULAO LOUIS GASCA, JR. PATRICK K. PRUITT JASON T. DUNNAHOO MAJOR A. GOODEN EDWARD D. QUINONESDOYLE JAMES M. FLETCHER JOEL C. GORNY JOHN W. RAINES ASHLEY E. FULLER EDWARD E. GOSLEE RICHARD L. RANCOUR WILLIAM A. GIBSON SHAMAR D. GRAY BRIAN R. RATKOVICH JUSTIN C. HLAVIN MICHAEL D. GREENBERG RICHARD D. RAY BENJAMIN A. KNEISEL JOE N. GROESBECK MARK W. REID SHAWN M. KOCIS JOHN C. GROVES MICHAEL S. RICKETT ANTHONY G. LARSON GEORGE GROVNER III ERIC P. RION SUNNY G. LAU JASON L. GUTIERREZ RAY T. ROGERS CHARLES K. LE OMAR A. HAIR DERRICK W. ROLLAND NICHOLAS D. LEVINE JEFFREY L. HALL JAIME I. ROMAN BENSON W. LO DAVID A. HAMILTON TROY E. ROSE MATTHEW J. MALINOWSKI JEFFREY A. HARRIS DALE R. ROSS MELANIE J. MCDOUGALL ZACHARY D. HARRY JOSEPH J. SABOL COLIN S. MONK JEFFREY P. HARVEY DAVID P. SALANTY, JR. PAUL W. MURCH TODD R. HASTINGS MANUEL SANCHEZ KRISTOPHER D. NETEMEYER BRIAN C. HELLMANN VINCENT SANCHEZ III DANIEL T. NEVEROSKY HOMER F. HENSY MARK R. SANDERS THOMAS C. PARKER DARRYL L. HERRMANN CHAD E. SANER ROBERT E. PETERSON DANIEL L. HESS JUSTIN M. SANTOS ANDREW J. PRIVETTE LARRY J. HEUSER JOSEPH A. SAVOCA MICHAEL J. PUTNAM JEFFREY A. HEXTELL DEAN S. SCHOENROCK JAMES W. ROCHELLE GREGORY D. HILL DEVIN J. SCHOLLARS BRIAN K. RYGLOWSKI MARIAN D. HILL SCOTT P. SEDDON JONATHAN F. SCHIEL CURT HILLEARY ROBERT J. SEMRAU, JR. JENNIFER L. SHAFER KEITH E. HILLSBERY JASON J. SHARON BARTHOLOMEW J. SIEVENPIPER SCOTT T. HODGKINSON STEPHEN R. SHETLER ZACHARIAH H. STILES ANDREW M. HOFFMAN MICHAEL A. SHINE PHILIP N. STUBBLEFIELD ROGER D. HORNE JIMMY D. SHORT NADIA A. TEPPER ALLAN A. HOWARD JOSHUA SIMS CORWIN J. WAGNER JAMES A. HOWARD JOSEPH D. SINGER JEREMY R. WOODY BRIAN C. HOWELL BRADLY W. SLAUGHTER, JR. AARON L. WOOLSEY ANTHONY G. HUTTON WILBUR F. SLUSSER III THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT VINCENT O. IRELAND III BILLY J. SMITH TO THE GRADE INDICATED IN THE UNITED STATES NAVY PATRICK B. ISOM RAYMOND SNYDER III UNDER TITLE 10, U.S.C., SECTION 624: THOMAS C. JACOBSON ROGER R. SOMERO, JR. To be lieutenant commander FORREST B. JAMES III ROBERT W. SPARKMAN VERN A. JENSEN, JR. MARK D. STANLEY MARK J. AID, JR. ERIK R. JOHNSON REYNALDO A. STANLEY, JR. DEAN J. ALEXA STEVEN B. JOHNSON NICHOLAS H. STEGING, JR. EDWARD ALEXANDER DAREN L. JONES ARTHUR G. STEWART II FREDERIC L. ALSTON MICHELLE M. JONES MELVIN STRINGFELLOW KEVIN J. ALTEMARA KEVIN V. KELLNER RANDY L. STROMAN MARVIN R. ATKINS DONALD P. KELSEY ERICK C. STROUD DONOVAN J. AYER KATHERINE C. KEPLER DAMON R. SUMERALL JAMES W. BAKER TRAVIS N. KING DAVID S. SWEET MICHAEL J. BALDWIN KARL M. KINGSBURY ERIK M. SWEET DEMPSEY L. BARNES KEVIN D. KITCHIN SHAWN D. TEASLEY BRIAN D. BARTH MICHAEL J. KLAPHAKE RICHARD K. THOMAS PATRICK A. BATISTE MICHAEL J. KLAUER ADAM D. THOMPSON HOWARD M. BELL IV ROBERT G. KNAPP WALTER D. TIMBERLAKE, JR. BRIAN J. BENSON JOSEPH A. KOCHERA GREGORY L. TINER MITCHELL L. BOLTZ DAVID J. KRUG JERIAHMI L. L. TINSLEY

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ALEX N. TORRES JOHN M. CADY WILLIAM T. DVORAK STEPHEN A. TURNER FREDERICK B. CALALANG VICTOR EBERLE DANIEL E. UHLIR JESSICA E. CALDWELL STEPHEN P. ECKHART CRISALDO D. VELASQUEZ JOHN K. CALDWELL BRANDON R. EDGE CLETIS S. WALKER DAVID L. CALHOUN TERREANCE L. ELLIS QUITMAN A. WARD III TYLER J. CAMERON JAMES M. ELMORE II THOMAS M. WEBB ALEXANDER T. CAMPBELL JOEL P. ELY GEORGE W. WESSON II JOHN A. CAMPIGOTTO DONALD W. EMERSON RICHARD L. WHIPPLE RYAN G. CAMPOAMOR JORDAN D. ENETE HARVEY L. WICKER, JR. LAURIE A. CANTER RODNEY C. ERLER, JR. WILLIAM L. WILLIAMS, JR. JONATHAN B. CANTOR SETH J. ERVIN LAWRENCE H. WILSON, JR. ANDREW P. CAPRARI CARLOS A. ESQUIVEL MICHAEL A. WOODCOCK AARON J. CARLSON ADAM W. ESTES ROBERT J. WRENN KLINTON L. CARPENTER CARLOS J. EVANS TREAVER J. WRIGHT CHRISTOPHER M. CARREON HARRY C. EVANS III BRIAN L. ZIMMERMAN ALICIA C. CARTER CHRISTIAN O. EZE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MELISSA J. CARULLI CHAD S. FAES TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOSEPH W. CASE JONATHAN J. FARACO PHILLIP R. CASHA JONATHAN D. FARLEY UNDER TITLE 10, U.S.C., SECTION 624: PAUL W. CASSUTTI JEREMIAH W. FARWELL To be lieutenant commander JOSEPH R. CASTLEMAN CHARLES E. FATORA JAMES C. CATALINE MATTHEW A. FAY BRYCE D. ABBOTT BRALYN E. CATHEY BLAINE S. FELLONEY SARAH E. ABBOTT DAVID J. CATTERALL JEFFREY M. FELLOWS PHILLIP J. ABERNATHY GERARD L. CAZEAULT WILLIAM A. FENSTERER THEODORE L. ACHIMASI, JR. MICHAEL E. CERTO JULIA M. FEYS CODY J. ACUNA KEVIN M. CHAMBLEY BRIAN W. FICHTER JUSTIN M. ADCOCK ROBERT H. CHANDLER JAVIER A. FIGUEROA ERIC J. ADLER BLAKE A. CHANEY CHAD W. FISCHER KYLE A. ADUSKEVICH GREGORY R. CHAPMAN MATTHEW G. FISHER JOSHUA M. ALES PATRICK M. CHAPMAN WAYNE T. FITTS COLIN S. ALLEN RYAN A. CHAPPELL SARAH M. FLAHERTY MARK B. ALLEN WILLIAM F. CHARD SEAN C. FLANAGAN JAMES V. ALLENBURG TIMOTHY C. CHARLEBOIS SHELLINE S. FLOYD JEFFERY C. ALLEY WILEY J. CHILDERS KEVIN T. FLYNN JASON A. ALTHOUSE JOSHUA A. CHISHOLM MARC E. FOREMAN LEE M. AMERINE MICHAEL S. CHOE BRIAN A. FORSTER CHRISTOPHER M. AMIS CHAD D. CHRISTENSEN ROBERT L. FRANKLIN III BRADLEY M. AMOS BRYAN J. CHRISTIANSEN JAMES E. FULKS BENJAMIN M. ANDERSON RICHARD M. CHRISTOFF CHRISTOPHER A. GAHL BJORN A. ANDERSON JOHN W. CHUMA III CHARLES C. GALLAGHER III GEOFFREY D. ANDERSON RYAN F. CLARKE MARK P. GALLAGHER ROBERT J. ANDREA BROOKS T. CLEVELAND JAMIE S. GALUS LARRY J. ARBUCKLE CHARLES H. CLINE RAYMOND H. GAMBEL, JR. STACY J. G. ARENSTEIN KEVIN C. CLOPPER STEVEN N. GANGLER ALEXANDER P. ARMATAS GAVIN H. CLOUGH MATTHEW K. GARCIA TODD A. ARNOLD JUSTIN M. COBB OMAR J. GARCIA DAVID K. ASHBY STEVEN J. COBOS DAVID A. GARRETT STEPHEN K. AUGUSTYN JOHN S. COCCA JOHN K. GARRETT VICTOR H. AVILA MARK D. COCHRAN, JR. NOMER I. GATCHALIAN ANDRES J. AVILES MICHAEL P. CODINGTON JUSTIN F. GERLE JOHN P. BABICK TERENCE A. COLEMAN ALI H. GHAFFARI VERNON C. BACHMANN CHRISTOPHER S. COLLINS JONATHAN T. GIBSON KATHRYN T. BAEHR MARK D. COLLINS BRADLEY L. GILBERTSON MARK E. BAIR JORGE R. COLON PRESTON W. GILMORE JEREMIAH C. BALDWIN STEVEN J. COLWELL JASON N. GLAB CHAD E. BARKLEY ZACHARY J. CONLEY JOHN Q. GODBEHERE ANDREW K. BARNETT BENJAMIN J. COOPER SCOTT R. GOLICH MEGAN M. BARNETT CHAD J. COOPER ANDRE M. GOMEZ KENNETH J. BARNHART JUSTIN P. COOPER JOSEPH P. GORGOL RAYMOND T. BARR, JR. LLOYD L. COORE LORA M. GORSKY TIMOTHY J. BARRY JOSHUA P. CORBIN RONALD D. GRAMLISCH NATHAN S. BARTON CHARLES C. CORNELY CHRISTOPHER GRANDE GUY M. BATCHELDER JAMES L. CORREIA BENJAMIN P. GRANT JARED A. BATTANI VICTOR D. COSTELLO MITCHELL P. GRANT TIMOTHY K. BATTLES AARON D. COUDRAY RICHARD B. GRANT CALEB A. BAUER ANSEL J. COX BRENDAN T. GRAY MATTHEW H. BEACH CHELSEA R. CREEKMUIR SEAN P. GRAY CHADRICK J. BEIDALAH GREGORY M. CRESCENZO ADAM B. GREEN MICHAEL A. BENDER DAVID M. CRESCITELLI TERRELL R. GROPP JEANINE F. BENJAMIN JEREMY D. CRESTETTO JESSIE L. GROVE DANIEL R. BERGSTROM RYAN D. CRISMAN DANIEL GROVER II CHAD M. BERMAN GREGORY J. CROSBY JAMERSON I. GROVES COLIN J. BERNARD JOHN G. CULPEPPER MINDIE N. GUERRERO JOSEPH P. BERNIER NICHOLAS F. CUNNINGHAM NICHOLAS E. GURLEY CHRISTOPHER S. BERNOTAVICIUS BRYAN S. DAHLQUIST KEVIN R. HAGAN DAVID C. BERRY II DAVID A. DAIGLE JAMES C. HAGERTY JASON M. BERWANGER GLEN K. DAKAN DAVID Y. HAILE MATTHEW B. BILLINGS RICHARD P. DALY BENTLEY T. HALL DEREK W. BINTZ ANDREW F. DAMBROSIO, JR. JAMES M. HALL GREG A. BISCHOFF BRIAN W. DANIEL JON S. HALL ETHAN R. BITER CHARLES J. DANIEL SCOTT A. HALVORSEN ERIC S. BLACKBURN ROBERT E. DANIELSON ALISHA E. HAMILTON JASON B. BLACKMON CHON B. DAREING MICHAEL G. HANNER, JR. WILLIAM F. BLANTON BRADLEY P. DAVENPORT KRISTEN M. HANSEN MEGHAN L. BODNAR ROGER A. DAVIS JONATHAN S. HARDING MICHAEL P. J. BOETTCHER KATHRYN J. DAWLEY JOSEPH M. HARMON DUANE S. BOGATKO STEVEN A. DAWLEY BRIAN H. HARRINGTON BRANDON M. BOOHER JEFFREY W. DAY CHARLES A. HARRIS II PATRICK B. BOOKEY JOHN K. DAY ISAAC A. HARRIS KEVIN M. BOUTWELL BRYAN R. DEAROLF JACK A. HARRISON III MARK S. BOVEE II DAVID L. DEATON BENJAMIN R. HARTMAN BRANDON P. BOYCE DEREK B. DEBOER DAVID K. HARTMAN TOLIN B. BOYD JEREMY A. DEBONS RUDOLF A. HAWKINS VICTOR J. BOZA GEORGE DEGENNARO ANDREW S. HAYES BRADLEY C. BOZIN CHRISTOPHER T. DEITZ STEPHEN P. HEALY ESTHER E. BRADLEY AMANDA R. DELANEY JOEL D. HEFFENTRAGER GREGORY F. BRANT LANCE M. DENHAM RYAN C. HEINEMAN CARICE J. BRANTLEY MICHAEL P. DESMOND BRANDON J. HEIRONIMUS THOMAS L. BRAYDEN DAVID M. DESROCHERS ANDREAS R. HELCHINGER JONATHAN M. BRENNER JAMES R. J. DIEFENDERFER BRADLEY P. HENDERSON MICHAEL M. BREWER MARK S. DIETER MICHAEL HENDERSON RONALD W. BROOKS MICHAEL R. DILLON ERIC D. HICKS JERMAINE B. BROOMS DUSTIN D. DINOLA KERRY P. HICKS KURTIS J. BROUWER CHRISTOPHER P. DIRKSCHNEIDER NICHOLAS S. HILL MICHAEL E. BROWN DAVID P. DIZ ROBERT B. HINES PHILIP L. BROWN RAUL S. DOMINGUEZ WILBUR R. HINES, JR. ZACHARY R. BROWN MICHAEL P. DONOVAN GREGORY A. HINKLE KEVIN M. BRUYETTE KELLY J. DOSSENBACK RYAN L. HINZ DANIEL M. BRYAN RONALD A. DRAKE SAMUEL HOARD RUSSELL L. BRYANT JAMES L. DRUMGOLE MATTHEW L. HOBERT KEITH R. BUCKINGHAM DAVID M. DUCAZAU QUINCY W. HOCHARD THOMAS W. BULLOCK JASON D. DUFFIE JUSTIN J. HOFF RICARDO J. BURNS JEFFREY R. DUNDON, JR. CALEB J. HOGG MATTHEW D. BUTT GABRIEL R. DUNSTON COURTNEY L. HOLLAND THOMAS R. BUTTS, JR. KEVIN P. DURKIN GREGORY S. HOLLEY MATTHEW H. BUYSKE JAMES P. DUVALL MATHEW E. HOLLINGER

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DAVID C. HOLLON LABRISHA A. MASON JOHN P. QUALTERS KENNETH C. HOLLON JACOB S. MATTHEISEN DEREK A. RADER JOEL I. HOLWITT RYAN T. MATTSON JARED S. RAFTERY JASON R. HORNING CHRISTOPHER L. MAURER JEREMIAH N. RAGADIO SHANE M. HOSIER JASON A. MAYS DOUGLAS E. RAINEAULT PHILIP J. HOUGHTON RYAN R. MCALLISTER GARY L. RAMSEY BRANDON J. HOUSE NEVIN A. MCCHESNEY DEREK A. RANDALL, JR. JOHN P. HOUSTON JAMES R. MCCLURE III COURTNEY L. RANK JOHN J. HOY BARRY N. MCCONNELL IAN T. RASMUSSEN JOSEPH J. HUBLEY KEVIN S. MCCORMICK, JR. SCOTT D. RATHKE JENNIFER A. HUCK TAMMY S. MCCREARY JOHN K. RAUSCHENBERGER FRANKLIN L. HUEBEL SEAN H. MCCRINK ERIC A. REARDON CHRISTOPHER J. HUEBNER ROBERT J. MCDOWELL, JR. RANDOLPH W. REED II VICTOR A. HUERTA JOHN K. MCGEE DAREN P. REINKE ERIC C. HUI MICHAEL S. MCGINNIS BRIAN J. REITTER JESSE H. HUMPHRIES MITCHELL D. MCGUFFIE JAMES J. REYNOLDS BRADLEY N. HUNSAKER DEREK W. MCHANEY WALTER A. REYNOLDS BRANDON C. HUNTER RICHARD P. MCINNIS BRIAN M. RHOADES JACOB D. HURT MICHAEL M. MCLEAN JOSHUA E. RICH SCOTT J. HUSSAR ROBERT J. MCMILLAN NOAH S. RICH BARCLAY C. IMLE RICHARD W. MCMUNN GRANT H. RIEDL DOUGLAS J. IVANAC DANIEL J. MCNAB DARIN R. RIGGS DILLON C. JACKSON ROBERT E. MCNAMARA DAVID P. RILEY KRISTAFER Y. JARBOE SUSAN P. MENDENHALL KEVIN F. RILEY DEREK C. JASKOWIAK ROBERT B. MERRITT PATRICK L. RIST BRANDON L. JENKINS NICHOLAS A. MEYERS CLAYTON V. ROBERTS GREGORY A. JENKINS JACOB G. MILLER COLIN M. ROBERTS ELAINE M. JENSEN RYAN P. MILLER MATTHEW J. ROBERTS THOMAS G. JILLSON SCOTT T. MILLER SPENCER A. ROBERTS BRIAN N. JINDRA TIMOTHY L. MILLER LATISHA R. ROBINSON JOSEPH J. JOHANSEN COREY L. MILLIS MATTHEW J. ROMERO DAVID A. JOHNS DENNIS J. MILSOM, JR. PATRICK H. RONAN CLAY I. JOHNSON JOHNNY L. MINCEY CALEB B. ROREX DAVID L. JOHNSON MICHAEL V. MINERVINI LORI E. ROSE JADA E. JOHNSON RODRIGO D. MIRANDA SCOTT J. ROSE JEREMY M. JOHNSTON RICHARD C. MOEBIUS, JR. MATTHEW B. ROY DANIEL A. JONES SEAN D. MOLLAHAN EMILY Y. ROYSE LUCAS M. JUNG MATTHEW C. MONNIG GARY J. ROZNOVSKY LINDSAY A. KAISER CURTIS V. MONTANO ROBERT S. RUBY JONATHAN J. KALBACH DANIEL S. MONTGOMERY, JR. RONALD H. RUMFELT JASON E. KALMAN FRANCIS R. MONTOJO SETH A. RUMLER CHAD T. KALOCINSKI TRAVIS A. MONTPLAISIR JOHN P. RUMMEL IV JUSTIN M. KAPER TROY A. MOONEN MATTHEW D. RUNZEL EREK A. KASSE PHILLIP J. MOORE EDISON C. RUSH JAMES W. KAUBER CHRISTOPHER W. MORRIS DAVID E. RUTTER ERICK M. KEARNS RICHARD J. MORRISSEY ROBERT J. RUZICKA II TODD M. KEITH JOHN S. MULLEN AMY V. SADEGHZADEH CHRISTOPHER S. KELLEY MICHAEL E. MULLEN JOSEPH W. SALLEE COLIN K. KENNEDY JEFFERY J. MURAWSKI JARED W. SAMUELSON JUSTIN J. KENNEDY PETER J. MURPHY FRANK C. SANCHEZ MARK E. KENNEDY WILLIAM F. MURPHY WILLIAM P. SANDERS CHRISTOPHER P. KENT THOMAS J. MURRAY III DAVID C. SANDOMIR SHAWN P. KIERNAN PETER J. MUSCHEK HOUSSAIN T. SAREINI THOMAS Y. KIM BRIAN L. MUSFELDT MICHAEL J. SARRAILLE MICHAEL G. KING STEPHANIE E. MUSKOVAC PHILLIP J. SAUTTER RORY M. KIPPER ALLEN G. MUSSER NATHAN R. SCHNAIBLE MICHAEL S. KISER ANDREW H. MYERS BRENNA L. SCHNARS BLAKE A. KLINEDINST STEVEN J. MYERS BRYAN W. SCHNEIDER BRYAN F. KOEHLER KONSTANTINOS T. NAKOS JACOB P. SCHOFIELD THOMAS G. KOLWICZ, JR. KELECHI R. NDUKWE KRISTOPHER J. SCHULTE ANDREW J. KOPACZ MATTHEW R. NEWMAN JEFFREY R. SCHWAB BENJAMIN J. KOSTKA PAUL W. NICKELL SAMUEL M. SCOVILL KEVIN A. KRAEMER JULIO A. NILSSON BRYAN D. SCULLIN STEPHEN C. KRATOVIL, JR. WAYNE R. NIMMO JAMIS M. SEALS MATTHEW I. KRULL MATTHEW W. NOLAND MARCUS H. SEEGER ANDREW J. LABERGE DREW T. NORMAN CHRISTOPHER M. SEGUINE JOSEPH M. LAHER CHRISTOPHER M. NORRIS JEFFREY T. SERVELLO KYLE P. LAMBERT NICHOLAS C. NORRIS TIMOTHY F. SHANLEY JOSE M. LAMBERTY JUSTIN M. NOVAK PATRICK K. SHANNON STEPHEN V. LAMOURE MICHAEL F. NUNZIATO JAMES S. SHARROW III ALEXANDER R. LANE JEREMY L. NUTTALL DAVID B. SHAULIS JONATHAN W. LANG DANIEL J. OBERLANDER, JR. BRADLEY E. SHEMLUCK RICHARD W. LANG III COREY D. ODOM PHILLIP J. SHERIDAN GREGORY A. LANGSTON MISTY W. ODOM JAMES W. SHEY MICHAEL M. LANZILLO MICHAEL OLIVER MICHAEL S. SILVER ADAM C. LAREAU VJ OMUNDSON JON P. SILVERBERG MICHAEL W. LAROW PATRICK C. ONEILL RODRIGO B. SIMOES DAVID R. LASH JESSE A. OREBAUGH JASON M. SIMON DAVID J. LATTA KARL S. ORTHNER WESLEY A. SIMON CHRISTOPHER LAUFMAN CARLOS A. OTERO ANDREW J. SIMONS JEFFREY B. LAVERY JARED M. OTT PAOLO J. S. SINGH JIMMY L. LAWTON JUSTIN R. OTT VARUN SINGH MICHAEL B. LEE DAVID R. OWENS JOHN S. SKINNER JONATHAN D. LEEWARNER ADAM C. PACE PATRICK W. SKORA GREGORY E. LEVEQUE LEWIS J. PATTERSON RICHARD B. SLADE MARK J. LEVIN CHRISTOPHER R. PEACE JONATHAN J. SLAGER ROBERT P. LEWIS JOHN H. PERRY LEE M. SMALLWOOD MARK T. LICKTEIG JOSHUA J. PETERS BENJAMIN M. SMITH CASEY K. LIGGETT GEORGE S. I. PETERSEN BRIAN C. SMITH ANTHONY W. LIKE JEREMIAH N. PETERSEN JAMES L. SMITH RICHARD B. LITCHFIELD BRENT M. PETERSON JUSTIN R. SMITH PETE S. LOGSDON JOHN C. PETRASANTA LANCE SMITH JOSHUA J. LOSTETTER TODD M. PETRIE MOSES SMITH REBECCA G. LOUREIRO CHRISTOPHER W. PETRO NICHOLAS H. SMITH JAMES E. LOW JOSEPH A. I. PETRUCELLI NICKLAUS G. SMITH JOHNNY R. LYKINS, JR. ERIK D. PHELPS SCOTT J. SMITH STEVEN A. MACGILLIS CHARLES W. PHILLIPS STEPHEN M. SMITH ANDREW D. MACK MATTHEW D. W. PHILLIPS STEVEN R. SMITH ROBERT A. MACK RICHARD G. PHILLIPS JOHN W. SOKOL ADAM M. MADSON WILLIAM R. PHILLIPS JOHN P. SORENSEN JACOB E. MAGAN ERIC N. PIDEK ADAM C. SOUKUP RYAN E. MAGEE JOSEPH J. PISONI ANDREW H. SPARKS LAWRENCE J. MAHAN SHAWANNA M. POARCH GARY W. SPIER PETER A. MALLORY, JR. JONATHAN R. POHNEL NATHAN D. STAFF KYLE P. MALONE JOSHUA M. POLLAK BARCLEY W. STAMEY LAWRENCE D. MALONE WILLIAM F. POLLAK IV PETER STAVRIDES KRISTA R. MANN RORY E. POLSON PAMELA M. STEFANSKI ABRAHAM B. MARCELO JESS D. POMEROY SEAN A. STEIN ROBERT B. MARCUM II ERIC M. PONSART JAMES E. STEWART ALAN T. MARDEGIAN DYLAN G. PORTER SCOTT N. STEWART JEFFREY D. MARGALUS THOMAS D. PORTER KATE S. STOCKTON GREGORY A. MARK KIRK T. PRESCOTT GARTH W. STORZ RYAN J. MARKEY REGINALD N. PRESTON NICHOLAS M. STRELCHUK SCOTT G. MARSH NICHOLAS R. PRICE JAMES R. STRUCK STUART S. MARSHALL ROBERT A. PRINCE EPIPHANIOS C. STYLIANOS CHAD C. MARTIN JAMES T. PROSEK TIMOTHY S. SULICK THOMAS J. MASHUDA SCOTT J. PURCELL JESSICA SWANSON

VerDate Mar 15 2010 05:47 Sep 14, 2012 Jkt 079060 PO 00000 Frm 00118 Fmt 4624 Sfmt 9801 E:\RECORD12\RECFILES\S02AU2.REC S02AU2 bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE August 2, 2012 CONGRESSIONAL RECORD — SENATE S6019 MATTHEW A. SWARTZWELDER consideration of the following nomina- ISTER—COUNSELOR, TO BE AMBASSADOR EXTRAOR- DANIEL J. SWEATMAN DINARY AND PLENIPOTENTIARY OF THE UNITED STATES STEPHEN J. SWEENEY tion by unanimous consent and the OF AMERICA TO THE REPUBLIC OF GHANA. BRANDY V. SWINKO nomination was confirmed: DEBORAH RUTH MALAC, OF VIRGINIA, A CAREER MEM- MICAH T. SYBOR BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- CHRISTOPHER M. TABERT JAMES B. CUNNINGHAM, OF NEW YORK, A CAREER SELOR, TO BE AMBASSADOR EXTRAORDINARY AND JOSEPH D. TANNER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA DONALD TAYLOR CAREER-MINISTER, TO BE AMBASSADOR EXTRAOR- TO THE REPUBLIC OF LIBERIA. CHRISTOPHER T. TERZIAN DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THOMAS HART ARMBRUSTER, OF NEW YORK, A CAREER TIMOTHY A. TETI OF AMERICA TO THE ISLAMIC REPUBLIC OF AFGHANI- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF DANIEL J. THOMAS STAN. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND DARRIEN THOMAS PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA JEFFREY W. THOMAS The Senate Committee on Homeland TO THE REPUBLIC OF THE MARSHALL ISLANDS. JAMES R. THOMPSON Security and Governmental Affairs was DAVID BRUCE WHARTON, OF VIRGINIA, A CAREER MEM- ANDREW W. TOLL BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- BRADFORD C. TONDER discharged from further consideration ISTER—COUNSELOR, TO BE AMBASSADOR EXTRAOR- CHRISTOPHER P. TURMEL of the following nomination by unani- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES JAMES G. TUTHILL III OF AMERICA TO THE REPUBLIC OF ZIMBABWE. DANIEL V. TYLER mous consent and the nomination was GRETA CHRISTINE HOLTZ, OF MARYLAND, A CAREER HECTOR G. UBINAS confirmed: MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF PHILIP S. UJIIE MINISTER—COUNSELOR, TO BE AMBASSADOR EXTRAOR- MATTHEW R. VANCE KIMBERLEY SHERRI KNOWLES, OF THE DISTRICT OF DINARY AND PLENIPOTENTIARY OF THE UNITED STATES JAMIE E. VANDYKE COLUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPE- OF AMERICA TO THE SULTANATE OF OMAN. THOMAS H. VANHOOZER III RIOR COURT OF THE DISTRICT OF COLUMBIA FOR THE ALEXANDER MARK LASKARIS, OF MARYLAND, A CA- DAVID A. VANKAMPEN TERM OF FIFTEEN YEARS. REER MEMBER OF THE SENIOR FOREIGN SERVICE, JOSHUA A. VANNYHUIS CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- ANTHONY J. VESPA f DINARY AND PLENIPOTENTIARY OF THE UNITED STATES JAMES E. VIK OF AMERICA TO THE REPUBLIC OF GUINEA. ROBERT W. VILLANUEVA CONFIRMATIONS MARCIE B. RIES, OF THE DISTRICT OF COLUMBIA, A CA- BENJAMIN F. VISGER REER MEMBER OF THE SENIOR FOREIGN SERVICE, JOEL R. VOSS Executive nominations confirmed by CLASS OF CAREER—MINISTER, TO BE AMBASSADOR EX- GORDON D. WALKER TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED ROBERT A. WALLS the Senate August 2, 2012: STATES OF AMERICA TO THE REPUBLIC OF BULGARIA. MATTHEW W. WALTERS HARRY S TRUMAN SCHOLARSHIP FOUNDATION JOHN M. KOENIG, OF WASHINGTON, A CAREER MEMBER BRET A. WALTHER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- ROBERT W. WARD LAURA A. CORDERO, OF THE DISTRICT OF COLUMBIA, ISTER—COUNSELOR, TO BE AMBASSADOR EXTRAOR- SEAN C. WASHINGTON TO BE A MEMBER OF THE BOARD OF TRUSTEES OF THE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES JEREMY L. WATKINS HARRY S TRUMAN SCHOLARSHIP FOUNDATION FOR A OF AMERICA TO THE REPUBLIC OF CYPRUS. CLINTON W. WATT TERM EXPIRING DECEMBER 15, 2015. MICHAEL DAVID KIRBY, OF VIRGINIA, A CAREER MEM- CHRISTOPHER D. WEAVER STEVEN H. COHEN, OF ILLINOIS, TO BE A MEMBER OF BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- WILLIAM L. WEBB THE BOARD OF TRUSTEES OF THE HARRY S TRUMAN ISTER—COUNSELOR, TO BE AMBASSADOR EXTRAOR- DAVID I. WEINMAN SCHOLARSHIP FOUNDATION FOR A TERM EXPIRING DE- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES SEAN M. WELCH CEMBER 10, 2013. MATTHIAS H. WELLES OF AMERICA TO THE REPUBLIC OF SERBIA. THE JUDICIARY JASON C. WENZEL NATIONAL OCEANIC AND ATMOSPHERIC CHARLES R. WEYDERT GERSHWIN A. DRAIN, OF MICHIGAN, TO BE UNITED BLAKE T. WHETSTONE ADMINISTRATION STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT JOHN R. WHITEHEAD OF MICHIGAN. SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE SEAN E. WHITEMAN FOLLOWING FOR TEMPORARY APPOINTMENT TO THE LUKE R. WHITMORE NATIONAL FOUNDATION ON THE ARTS AND THE GRADE INDICATED IN THE NATIONAL OCEANIC AND AT- ADAM R. WHITT HUMANITIES MOSPHERIC ADMINISTRATION. STEVEN S. WHITWORTH JUSTIN R. WIESEN PAUL W. HODES, OF NEW HAMPSHIRE, TO BE A MEMBER To be rear admiral (lower half) NICHOLAS A. WILLET OF THE NATIONAL COUNCIL ON THE ARTS FOR A TERM GERD F. GLANG RYAN S. WILLETTE EXPIRING SEPTEMBER 3, 2016. WALTER G. WILLIAMS, JR. SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE JAMES M. WILLIS PRIVACY AND CIVIL LIBERTIES OVERSIGHT FOLLOWING FOR TEMPORARY APPOINTMENT TO THE ANTHONY M. WILSON BOARD GRADE INDICATED IN THE NATIONAL OCEANIC AND AT- CAMILLE C. WILSON MOSPHERIC ADMINISTRATION. JOSEPH A. WILSON JAMES XAVIER DEMPSEY, OF CALIFORNIA, TO BE A KEVIN W. WILSON MEMBER OF THE PRIVACY AND CIVIL LIBERTIES OVER- To be rear admiral SIGHT BOARD FOR A TERM EXPIRING JANUARY 29, 2016. DERICK W. WINGLER MICHAEL S. DEVANY BRANDON R. WINTERS ELISEBETH COLLINS COOK, OF ILLINOIS, TO BE A MEM- MICHAEL K. WINTERS BER OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE KEAGAN J. WISDOM BOARD FOR A TERM EXPIRING JANUARY 29, 2014. FOLLOWING FOR TEMPORARY APPOINTMENT TO THE MICHAEL A. WITHERILL RACHEL L. BRAND, OF IOWA, TO BE A MEMBER OF THE GRADE INDICATED IN THE NATIONAL OCEANIC AND AT- JOSHUA P. WOLF PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD FOR MOSPHERIC ADMINISTRATION. CHRISTOPHER W. WOLFF A TERM EXPIRING JANUARY 29, 2017. To be rear admiral (lower half) GARICK D. WOOD PATRICIA M. WALD, OF THE DISTRICT OF COLUMBIA, ROBERT E. WOODARDS TO BE A MEMBER OF THE PRIVACY AND CIVIL LIBERTIES DAVID A. SCORE RICHARD H. WOODWARD OVERSIGHT BOARD FOR A TERM EXPIRING JANUARY 29, ANDREW J. WOOLLEY 2013. EXECUTIVE OFFICE OF THE PRESIDENT JOSHUA R. WOTEN DEPARTMENT OF THE TREASURY PATRICIA K. FALCONE, OF CALIFORNIA, TO BE AN AS- ALEXANDER L. WRIGHT SOCIATE DIRECTOR OF THE OFFICE OF SCIENCE AND EVAN P. WRIGHT MATTHEW S. RUTHERFORD, OF ILLINOIS, TO BE AN AS- TECHNOLOGY POLICY. GRANVILLE C. WRIGHT, JR. SISTANT SECRETARY OF THE TREASURY. COBURN F. YEARIAN DEPARTMENT OF VETERANS AFFAIRS MARK E. YEDLOWSKI UNITED STATES INTERNATIONAL TRADE THOMAS SKERIK SOWERS II, OF MISSOURI, TO BE AN CRISTOBAL YERA COMMISSION DAVID A. YOKERS ASSISTANT SECRETARY OF VETERANS AFFAIRS (PUBLIC DAVID C. YOON MEREDITH M. BROADBENT, OF VIRGINIA, TO BE A MEM- AND INTERGOVERNMENTAL AFFAIRS). DEREK W. YOUNG BER OF THE UNITED STATES INTERNATIONAL TRADE FOREIGN SERVICE EVAN T. YOUNG COMMISSION FOR A TERM EXPIRING JUNE 16, 2017 . NEAL A. YOUNG FOREIGN SERVICE NOMINATIONS BEGINNING WITH WARREN L. ZELAYA DEPARTMENT OF THE TREASURY NARENDRAN CHANMUGAM AND ENDING WITH JANA S. JOSHUA P. ZELFER MARK J. MAZUR, OF NEW JERSEY, TO BE AN ASSIST- WOODEN, WHICH NOMINATIONS WERE RECEIVED BY THE DAVID F. ZERDA ANT SECRETARY OF THE TREASURY. SENATE AND APPEARED IN THE CONGRESSIONAL SHANE M. ZIMMERMAN RECORD ON JUNE 7, 2012. MAXWELL V. ZUJEWSKI DEPARTMENT OF JUSTICE FOREIGN SERVICE NOMINATIONS BEGINNING WITH THOMAS J. BRENNAN AND ENDING WITH THOMAS PEPE, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DANNY CHAPPELLE WILLIAMS, SR., OF OKLAHOMA, TO WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BE UNITED STATES ATTORNEY FOR THE NORTHERN DIS- AND APPEARED IN THE CONGRESSIONAL RECORD ON JENNY R. YANG, OF THE DISTRICT OF COLUMBIA, TO BE TRICT OF OKLAHOMA FOR THE TERM OF FOUR YEARS. A MEMBER OF THE EQUAL EMPLOYMENT OPPORTUNITY JUNE 20, 2012. MISSISSIPPI RIVER COMMISSION COMMISSION FOR A TERM EXPIRING JULY 1, 2017, VICE HARRY S TRUMAN SCHOLARSHIP FOUNDATION STUART ISHIMARU, RESIGNED. MAJOR GENERAL JOHN PEABODY, UNITED STATES INGRID A. GREGG, OF MICHIGAN, TO BE A MEMBER OF UNITED NATIONS ARMY, TO BE A MEMBER AND PRESIDENT OF THE MIS- THE BOARD OF TRUSTEES OF THE HARRY S TRUMAN SISSIPPI RIVER COMMISSION. JOHN HARDY ISAKSON, OF GEORGIA, TO BE A REP- SCHOLARSHIP FOUNDATION FOR A TERM EXPIRING DE- RESENTATIVE OF THE UNITED STATES OF AMERICA TO DEFENSE NUCLEAR FACILITIES SAFETY BOARD CEMBER 10, 2017. THE SIXTY-SEVENTH SESSION OF THE GENERAL ASSEM- JAMES L. HENDERSON, OF KENTUCKY, TO BE A MEM- BLY OF THE UNITED NATIONS. SEAN SULLIVAN, OF CONNECTICUT, TO BE A MEMBER BER OF THE BOARD OF TRUSTEES OF THE HARRY S TRU- PATRICK J. LEAHY, OF VERMONT, TO BE A REPRESENT- OF THE DEFENSE NUCLEAR FACILITIES SAFETY BOARD MAN SCHOLARSHIP FOUNDATION FOR A TERM EXPIRING ATIVE OF THE UNITED STATES OF AMERICA TO THE FOR A TERM EXPIRING OCTOBER 18, 2015. DECEMBER 10, 2017. SIXTY-SEVENTH SESSION OF THE GENERAL ASSEMBLY IN THE AIR FORCE DEPARTMENT OF STATE OF THE UNITED NATIONS. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEPARTMENT OF THE INTERIOR JAMES B. CUNNINGHAM, OF NEW YORK, A CAREER AS CHIEF OF STAFF, UNITED STATES AIR FORCE, AND MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF KEVIN K. WASHBURN, OF NEW MEXICO, TO BE AN AS- APPOINTMENT TO THE GRADE INDICATED WHILE AS- CAREER—MINISTER, TO BE AMBASSADOR EXTRAOR- SISTANT SECRETARY OF THE INTERIOR, VICE LARRY J. SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES ECHO HAWK, RESIGNED. BILITY UNDER TITLE 10, U.S.C., SECTIONS 8033 AND 601: OF AMERICA TO THE ISLAMIC REPUBLIC OF AFGHANI- STAN. f To be general GEN. MARK A. WELSH III THE JUDICIARY DISCHARGED NOMINATIONS DEPARTMENT OF STATE KIMBERLEY SHERRI KNOWLES, OF THE DISTRICT OF COLUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPE- The Senate Committee on Foreign GENE ALLAN CRETZ, OF NEW YORK, A CAREER MEM- RIOR COURT OF THE DISTRICT OF COLUMBIA FOR THE Relations was discharged from further BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- TERM OF FIFTEEN YEARS.

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