May 14, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6675 SENATE—Monday, May 14, 2012

The Senate met at 10 a.m. and was EXPORT-IMPORT BANK REAUTHOR- turers, as did every other Senator. It called to order by the Honorable RICH- IZATION ACT OF 2012—MOTION TO says: The National Association of Man- ARD BLUMENTHAL, a Senator from the PROCEED ufacturers—we refer to it as NAM—the State of Connecticut. Mr. REID. Mr. President, I move that largest manufacturing association in the Senate proceed to Calendar No. 396, the United States, representing manu- PRAYER H.R. 2072. facturers in every industrial sector in The Chaplain, Dr. Barry C. Black, of- The ACTING PRESIDENT pro tem- all 50 States, urges us to support the fered the following prayer: pore. The clerk will report the motion. Export-Import Bank Reauthorization Let us pray. The legislative clerk read as follows: Act. O God, our Father, strengthen our Motion to proceed to calendar No. 396, H.R. The Export-Import Bank of the Senators for today’s challenges. Em- 2072, a bill to reauthorize the Export-Import United States—referred to as the Ex- power them with the courage of obedi- Bank of the United States, and for other pur- Im Bank—is one of the only tools man- ence so that in doing Your will they poses. ufacturers in the United States have to will find peace. Give them such trust in Mr. REID. Mr. President, we are now counter hundreds of billions of dollars You that they may experience setbacks on the motion to proceed to the Ex-Im of export financing foreign govern- without ever doubting Your provi- Bank bill. We are working on an agree- ments offer to their exporters. In 2010 dential leading. In all of their ment to begin consideration of the bill. Canada, France, and India provided 7 strivings, energize them with persever- I don’t know if we can reach that, but times and China and Brazil 10 times ance to bring each task to its ap- we are trying. more export assistance as a share of pointed end. Lord, as they try to make At 4:30 today the Senate will proceed GDP than did the United States. The good decisions, give them the light to to executive session to consider two Ex-Im Bank levels the playing field for see what they ought to do and the re- U.S. district judges from Maryland and U.S. exporters by matching credit sup- solve to do it. May they ride out the Illinois. At 5:30 there will be up to port other nations provide, ensuring storms of difficulties and discourage- three rollcall votes. The first two will that our Nation’s manufacturers can ment with the knowledge that You will be on confirmation of George Levi Rus- compete based upon the price and per- sustain them. sell and John J. Tharp, and the third formance of their products. It also en- We pray in Your great Name. Amen. will be on cloture on the motion to pro- ables small and medium-sized manufac- ceed to the Ex-Im Bank bill. turers to capture new markets in f There was a time when legislation emerging economies abroad. In 2010 the PLEDGE OF ALLEGIANCE that would reduce the deficit and sup- bank supported more than $41 billion in port hundreds of thousands of jobs export sales from more than 3,600 com- The Honorable RICHARD BLUMENTHAL would fly through the Senate with bi- panies, supporting approximately led the Pledge of Allegiance, as follows: partisan support but not so anymore. 290,000 jobs here—rather than the I pledge allegiance to the Flag of the Instead, a worthy measure that would 300,000 I said—export-related American United States of America, and to the Repub- lic for which it stands, one nation under God, support 300,000 American jobs—the Ex- jobs. indivisible, with liberty and justice for all. port-Import Bank—may stall in the Denying Ex-Im reauthorization will Senate this evening. The holdup is hurt manufacturers of every size and f more Republican obstructionism. threaten thousands of U.S. manufac- APPOINTMENT OF ACTING Tonight the Senate will vote on turing jobs. Small and medium-sized PRESIDENT PRO TEMPORE whether to end the filibuster of reau- companies are particularly vulnerable thorization of this most important leg- and those that receive direct Ex-Im The PRESIDING OFFICER. The islation. The bank helps American Bank support as well as those who sup- clerk will please read a communication companies grow and sell their products ply larger companies. So manufactur- to the Senate from the President pro overseas. Last year this bank financed ers urge your support of H.R. 2072, tempore (Mr. INOUYE). 3,600 private companies and added al- which authorizes the bank through The legislative clerk read the fol- most 300,000 jobs in more than 2,000 September 2014 and provides a modest lowing letter: American communities. increase in its lending authority and U.S. SENATE, The last time the Senate considered enhances congressional oversight over PRESIDENT PRO TEMPORE, this in legislation, it was offered by a Washington, DC, May 14, 2012. the bank. To the Senate: Republican Senator and it passed by That letter was signed by one of the Under the provisions of rule I, paragraph 3, unanimous consent. What that means officers of the bank. of the Standing Rules of the Senate, I hereby is it comes to the floor, sponsored by a This legislation has Republican co- appoint the Honorable RICHARD Republican, and everybody agrees and sponsors. Why do we have to go BLUMENTHAL, a Senator from the State of we don’t even have a vote here. It is through this endless procedural proc- Connecticut, to perform the duties of the done by unanimous consent. So it is ess? Why can’t we just pass it, as we Chair. unfortunate that I had to file cloture have done in so many years past? They DANIEL K. INOUYE, again. I have filed cloture, cloture, clo- are saying: We want amendments. President pro tempore. ture on so many different things. We Amendments to kill the bill after say- Mr. BLUMENTHAL thereupon as- shouldn’t have to argue over bipartisan ing they support the bill? sumed the chair as Acting President proposals such as this one. It should The House passed this bill without pro tempore. just pass as it has in the past. But I re- amendment—I repeat, without amend- f main hopeful that we can find a way to ment—on a 330-to-93 vote last week. work together on it. But that 93 kind of says it all. Ninety- RECOGNITION OF THE MAJORITY The Export-Import Bank has the sup- three is the mainstay of the tea party LEADER port of two groups that rarely see eye caucus in the House. They are opposed The ACTING PRESIDENT pro tem- to eye—the chamber of commerce and to everything, just as almost 50 percent pore. The majority leader is recog- labor unions. Today I got a letter from of the Senate Republicans are against nized. the National Association of Manufac- everything. That is what we have here.

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

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6676 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 14, 2012 Even though there is outward support to get something done this week. So I At the request of the Bush Adminis- for this legislation, they want to kill hope my Republican colleagues will tration, he dispatched Mongolian this bill. They don’t want the govern- consider the consequences of yet an- troops to fight alongside Americans in ment to have anything to do with our other filibuster and join Democrats to Iraq and Afghanistan, held two sum- lives—period, nothing—which is unre- reauthorize this Export-Import Bank mits with President Bush and con- alistic in this modern world and, in without delay. cluded Mongolia’s Millennium Chal- fact, in any world. Would the Chair announce the busi- lenge pact in 2007. This legislation is exactly the kind of ness of the day. Under his leadership, the Mongolian smart investment Congress must make RESERVATION OF LEADER TIME Government strengthened its inter- to keep the economy on the road to re- The ACTING PRESIDENT pro tem- national peace-keeping role with the covery, and it is the kind of consensus pore. Under the previous order, the United Nations, joined and then took a proposal that shouldn’t require Demo- leadership time is reserved. leading role in the Community of De- crats to have to try to break a fili- ORDER OF BUSINESS mocracies, provided humanitarian buster. The ACTING PRESIDENT pro tem- transit for North Korean refugees When Senate Democrats brought this pore. At 4:30 p.m., under the previous through Mongolia, and developed im- reauthorization to the floor pre- order, the Senate will proceed to exec- portant intelligence exchanges with viously—in fact, in March—we assumed utive session. American counterparts. it would pass by a strong bipartisan Mr. REID. Mr. President, I suggest Domestically, Mr. Enkhbayar con- vote. Surprise was here—the Repub- the absence of a quorum. tributed to Mongolia’s political matu- licans voted against it. Nearly unani- The ACTING PRESIDENT pro tem- ration with his graceful concession and mously they voted against it in March pore. The clerk will call the roll. cooperation after he lost his re-elec- despite their public confessions of sup- The legislative clerk proceeded to tion bid in the 2009 presidential elec- port for it. Then a day or two after call the roll. tion to Mr. Elbegdorj, the current they voted no, they sent me a letter Mrs. FEINSTEIN. Mr. President, I President of Mongolia. This smooth saying: We have to get this done. So ask unanimous consent the order for transition of the presidency from one they voted against it in March, and the quorum call be rescinded. party to another at that time did much now they are threatening to do it, for The ACTING PRESIDENT pro tem- to solidify the foundations of demo- different reasons this time: They don’t pore. Without objection, it is so or- cratic politics in the country. have enough amendments. They want dered. Sadly, the atmosphere in Mongolia amendments. So they are once again Mrs. FEINSTEIN. Mr. President, I has become less conducive to such fair forcing us to run out the clock on this ask I be permitted to speak as in morn- play this year, as Mongolia approaches measure, which expires at the end of ing business. an important parliamentary election in this month. The ACTING PRESIDENT pro tem- June. Frankly, the behavior of my Repub- pore. Without objection, it is so or- After retiring from politics with the lican colleagues over the last week has dered. end of his presidential term in 2009, Mr. been a little baffling. They say they ARREST AND DETENTION OF NAMBARYN Enkhbayar re-entered the public arena support our efforts to keep interest ENKHBAYAR again this year with the formation of a rates on Federal loans from doubling Mrs. FEINSTEIN. Mr. President, for third major party and the fielding of a for 7 million college students. They about the past week I have been very slate of candidates, including for him- voted the proposal down. Now, a few concerned and involved in a situation self, for the parliament. days later, they say they support the involving Mongolia. It is a small coun- Just as the campaigning for this elec- Ex-Im Bank, but they voted it down try. It has been a democratic country tion was starting in earnest a month once and they are threatening to do it for the past 20 years. At one time it ago, Mr. Enkhbayar was arrested under again. was part of the Soviet bloc but no charges brought by the Anti-Corrup- With Republicans willing to use longer. tion Agency of Mongolia, an organiza- every obstructionist tactic in the I have talked to many people at the tion established while he was presi- book—even some that are not in the State Department, the Vice President’s dent. book, even on bills they support—it is office, the chairman of Brookings, the It is important to say that building a wonder the Senate gets anything former Ambassador to Mongolia. I practices of good governance and chal- done at all. come to the floor to address the situa- lenging corrupt practices form an im- Further delay would allow the bank’s tion of Mr. Nambaryn Enkhbayar, the portant benchmark of achievement for lending authority to lapse, putting jobs former President of Mongolia from 2005 any developing democracy. We should at risk. But there is still time for my to 2009. applaud vigorous efforts to combat cor- colleagues on the other side to reverse I was in Mongolia when he was Presi- rupt practices in the country. That is course. There is still time to work to- dent and had the opportunity to get to needed. gether to pass this measure. know him as a distinguished inter- But it is equally important that I understand my Republican col- national statesman who, sadly, is fac- those fighting corruption avoid a sense leagues want to offer amendments to ing so-called allegations of corruption of involvement in such practices them- the bill. I have already said so. Their in the country he led so well and so selves. Certainly, to say the least, the amendments generally would just long. Mr. Enkhbayar, in addition to bringing of charges against a political eliminate the bank—not make it being President of the country, was leader in the midst of an important stronger, not lessen it a little bit, just previously Prime Minister and has held election campaign is unusual. gut the Export-Import Bank, and some many other leadership positions in gov- As extraordinary as the timing of the just eliminate it altogether. Even if ernment over the years. As President, charges, the process of Mr. those amendments weren’t egregious, he designed and effectively executed Enkhbayar’s subsequent arrest and in- changing this legislation now would Mongolia’s ‘‘third neighbor’’ policy of carceration was of even more concern. only waste more time. And we have diversifying its diplomatic and eco- Mr. Enkhbayar was ostensibly want- been told the House isn’t going to ac- nomic relations beyond the strong ties ed for questioning, but on the evening cept any amendments. But why would with its immediate neighbors, China and early morning of April 12–13, he we accept any amendment that gets rid and Russia. was forcefully removed from his home of the bank? Specifically, Mr. Enkhbayar person- by several hundred law enforcement of- The process of reauthorizing this ally emphasized relations with the ficials and without any resistance on bank has taken months already. There United States; with our Asian allies his part and then spirited away for con- is really no reason to waste more time. such as Japan, Korea and Australia; finement in a remote prison where all American exporters are counting on us and with Europe. access was severely limited.

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 14, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6677 In incarceration, Mr. Enkhbayar suf- pressive economic potential as it devel- thought the Senator from California fered further indignities and irregular- ops its rich mineral resources with the did a very good job of pointing out how ities of due process. help of foreign partners, many of them that is so and why we have to go after He had inadequate access to family American companies with a strong in- the people who are responsible. and counsel. He reportedly received terest in investment there. However, Mrs. FEINSTEIN. I can’t thank the abusive verbal treatment. After initi- all this promise could be negatively Senator enough. I am very worried ating a ‘‘dry hunger strike’’ without impacted by the emergence of the prac- about this leak. I was reading the Lon- liquids to protest these cir- tices we have seen in the case of Mr. don news clips, and as the Senator cumstances—which is his right under Enkhbayar. knows, I chair the Senate Intelligence international law as a prisoner—he was The chill of intimidation is felt by Committee. I believe I can speak for denied adequate medical treatment and every Mongolian citizen, for if such the leadership of both committees in endured attempts to force feed him. treatment can be applied to a former saying we have not been briefed. This Only after his health was at risk, Mr. President and still popular leader, no has been very closely held because of Enkhbayar was released on bail this one is safe. And then such harsh treat- the seriousness of the operation. And morning so he could receive the med- ment tends to bring reciprocity, and to see what is now in the papers, which ical treatment he so desperately needs. the country is in danger of falling into essentially endangers the asset, puts It is my hope he will be well enough a vicious cycle of political score set- him in fear of his life, tells our allies to continue with his campaign for par- tling. For the sake of Mongolia and the we cannot be trusted to carry out a liament. future of its people, the country’s lead- mission without leaking that mission Yet I am deeply concerned that he ers must step away from this risk im- and also thereby alerting al-Qaida in still may be charged with corruption, mediately. the Arabian Peninsula that they need allegations that have been deemed by It is equally true that once having to increase their security to prevent one of his attorneys to be ‘‘insubstan- lost one’s good reputation, it is almost penetration—it is, I think, the most se- tial, stale and petty.’’ impossible to restore it. There is still rious leak certainly in the time I have Our concern now should be, in the first instance, Mr. Enkhbayar’s health time for Mongolia’s authorities to cor- been chairman of the committee. I thank the Senator for raising it and and even his physical survival of this rect a dangerous turn of events prob- for the Senator’s solidarity in that be- ordeal. ably no one expected or wanted. There Secondly, we need to press for due are many friends abroad, including this lief. Mr. KYL. I compliment the chair of process in the adjudication of his case Senator, who pray they will do so. the committee for her very wise re- and ensure he is afforded his full rights Should the troubling circumstance of marks. I know the ranking member, to a speedy, transparent and fair hear- Mr. Enkhbayar’s case continue, it Senator CHAMBLISS, is in full accord. ing of the charges, with full legal as- would thereafter be impossible for This is a very bipartisan effort. I hope sistance with his defense. Mongolia’s friends in America and We cannot be sure at this time that around the world in other democracies we can succeed in getting to the bot- either of these considerations, the min- to continue speaking with the hope, tom of it. imum that is owed any citizen or any promise, and optimism for the coun- UNEMPLOYMENT human being under the rule of law in a try’s future with which we have for the Mr. President, I wanted to talk today democracy, can be secured. So I call last two decades. Much is at stake in a little bit about unemployment and upon the authorities of Mongolia to an- Mongolia now. Its political leaders and the economy. There have been a lot of nounce that the procedures and sched- people have been wise and skillful in news stories—some very serious, as the ule for adjudication of his case will choosing the right course in many one we just discussed, and some a little proceed and that President Enkhbayar times of challenges and crises in the bit more frivolous—that I think are will be accorded full due process rights past. distracting from what I believe is the to which he is entitled. To do less I call upon our friends there to help top domestic problem in the United would be to reinforce fears the process their country, their supporters, and States today, the lagging unemploy- employed here is politically driven and themselves by taking the humane and ment. I wish to focus on that today and meant exclusively to remove Mr. lawful actions that are needed now to what we could do about it versus what Enkhbayar from participation in the reclaim their reputation at the fore- we are or are not doing about it. There parliamentary election now underway. front of the communities of democ- are troubling economic trends, and I Finally, this brings me to a larger racies. I hope it has been obvious that think maybe we can make some rec- issue concerning fears for the fate of I speak as a friend—a concerned ommendations to the President about Mongolian democracy and for the now friend—but one who wishes Mongolia how we can help to get out of the ditch strong relationship between Mongolia well. we are in. and the United States. Mongolia has Thank you very much, Mr. President. Unfortunately, the administration been rightly acclaimed for the extraor- I yield the floor. has been claiming that the economy is dinary progress it has made in building The ACTING PRESIDENT pro tem- continuing to heal and touting the lat- democratic practices and institutions pore. The Senator from Arizona. est jobs report, and I think that mis- since the collapse of the Soviet Union Mr. KYL. Before I give my remarks, leads the American people, and here is 20 years ago. Indeed, Mongolia is the let me compliment the Senator from why: It is true that by their measure only successful, functioning democracy California not only on what she just the unemployment rate has declined from the Pacific Ocean to Eastern Eu- said but on the remarks she made on from 8.2 percent to 8.1 percent, but that rope through the entire expanse of television yesterday concerning the doesn’t represent progress if you look inner Asia. A small country, due to its danger to our country when people behind the numbers. If you look behind achievement, has become a country of leak information relating to our effort the numbers and the actual employ- large significance on the world stage— to defeat terrorists, which makes it all ment data, employers added only the best argument that a free and the more difficult for us to accomplish 115,000 jobs last month. That is less brave people can move their country our job, and it undercuts the mission of than the 180,000 Wall Street was ex- from authoritarianism to democracy in the many men and women in the mili- pecting and, more importantly, it is a relatively short period of time. Hav- tary, our intelligence services, and the less than the 150,000 jobs that have to ing done so, Mongolians have enjoyed civilian forces of government and, be created each month to keep up with an extraordinary degree of support and frankly, in the governments of allies the new entrants into the workforce, attention from the outside world, led that are working very hard to identify for example, the kids graduating from by our country, the United States. and prevent terrorism from occurring. college and high school who are enter- The Mongolian-American relation- When leaks such as this occur, it un- ing the workforce. In order to keep up ship now encompasses Mongolia’s im- dercuts that effort tremendously. I with that number, about 150,000 per

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People would be that many jobs to stay at zero, and if also noted—and I am quoting: earning income and paying income it doesn’t, then we are actually getting If the participation rate just stayed where taxes, the government would have behind. it was last month, the unemployment rate more revenue, and we would be better The fact that we have had several would have risen to 8.4 percent! able to afford all of the things the straight months where there has been So the unemployment rate is pri- American people expect of the govern- an actual increase in the number of marily a factor of how many people are ment. jobs created doesn’t measure the suc- still looking for work. And if they have The number of long-term unemployed cess properly. We have to measure given up, then they don’t show in these has increased by 89 percent under the those months where job creation was statistics anymore. This is very trou- Obama administration. These are the above 150,000, and in that case less than bling because it also shows that Ameri- people who have been out of work for a half of the months since the President cans do not see their situation long period of time—at least 6 months has been in office have met that cri- bettering; they don’t have a sense of and many of them more than a year. teria. So we are actually sliding back- optimism that things are getting bet- And all of this as the cost of living for ward, not moving forward. ter. There is a resignation beginning to middle-income Americans soars. For Here is another way to look at the be created here that things are not example, worker health insurance has unemployment picture: There are so going to get better and there is no gone up 23 percent, even after many people who have given up look- point in trying to look for work, and of ObamaCare. Gas prices are now about ing for work under the Obama economy course that has ramifications up and $4 a gallon. They have doubled since now that they don’t show up in the un- down the economy, a couple of which I President Obama took office. Home employment statistics. That is why will mention here. values nationwide have plunged by 14 this number, 8.2 percent, actually goes Because there is this view that the percent in my State of Arizona, and in down to 8.1 percent, not because there economy is not continuing to heal, as many places it is by 50 percent. are a lot more people finding work but, the President said, we have got very So instead of creating a to-do list for rather, a whole lot more people have sluggish economic growth. Back at the the Senate, as the President has done stopped looking for work so they are very same point in the Reagan recov- just 6 months before the election—ask- not counted in the unemployed looking ery, the very same point that President ing us to vote on what a lot of people for work. Obama is at right now, at that time call show votes and dividing the coun- In March, for example, there were economic growth was 6.1 percent. try by pitting one group against an- about three people dropping out of the Today it is 2.4 percent under the other—I urge the President to make system for every one job created. Obama economy. some real steps to steady the economy Think of that. In April the rate was 4.5 Social Security disability claims are and reassure the job creators. Let me give four specific examples of dropouts per new job. So each month rising, and they are rising dramati- what the President could do to lead we are finding more and more people cally. What it shows is that instead of and what I think Congress would be are simply not looking for work. They people continuing to look for work, they are filing for disability, and a lot willing to do to follow. are dropping out of that group of peo- First of all—and a couple of these of them are getting on disability. We ple who wish to be employed and who things are to stop doing something have had a tremendous increase in dis- are looking for work. They have that is bad. A lot of people say govern- ability claims and determinations of stopped so they don’t show in the un- ment can usually do best by just get- employment numbers. disability in this country. More Ameri- ting out of the way because we have a In fact, in the month of April, 522,000 cans are using food stamps than at any very robust private sector if it is not people dropped out of the labor force. other point in our history. One out of too tied down with government regula- Remember, last month 115,000 jobs two recent college graduates cannot tion and taxation. So the first sugges- were created and some people thought find a job or is underemployed for their tion I have is let’s stop the largest tax that was great. Well, it is nice that it skill. increase that will automatically was 115,000 and not none, but the re- I gave a commencement address on occur—it is the largest tax increase in ality is if 522,000 people dropped out of Saturday and talked to some of the the history of our country—on January the labor force that same month, it students about what they were going to 1. shows there is not much to cheer be doing. Most of them had something Someone may say: What? I didn’t about. What that meant in terms of to do, but a lot of kids do not have a hear about that. overall statistics was that a number job even though they have spent 4, 5, or I am speaking about the so-called that the Labor Department calls the 6 years and untold thousands of dollars Bush tax cuts. Ten years ago Congress labor force participation rate, which is getting a college education. passed these tax cuts, but they had a how many of the people who could be Senator THUNE recently noted that limit of 10 years. Actually, it was a working here are actually working, the poverty rate among women has shorter period than that. They were ex- dropped to 63.6 percent, which is the reached a 17-year high, and that there tended 2 years ago because the Presi- lowest level since 1981 when we were are nearly 700,000 fewer women working dent said it would be bad for the econ- headed into a big recession at that today than when President Obama omy if these tax rates were allowed to time. In other words, we have fewer took office. I don’t mean to divide this go up, and he was right. He was right people actually working in this coun- into gender or any other kind of group, then, and he is right today. It would be try as a percentage of those who could but the reality is that groups in this bad for the economy. It would be bad than at any time since 1981. country suffer when we have poor eco- for businesses, especially small busi- James Pethokoukis of the American nomic growth and are not creating nesses. It would be bad for the Amer- Enterprise Institute said: enough jobs. If you want to get it right ican family. Yet, automatically, if If the size of the labor force as a share of down to what kind of people are having Congress does not act and the Presi- the total population was the same as it was a problem, here is a situation: 700,000 dent does not act, every one of the when Barack Obama took office—65.7 then fewer women working today than when marginal income tax rates will go up. versus 63.6 today—the unemployment rate President Obama took office. There are Things such as the marriage tax pen- would be 11.1 percent. 22.8 million Americans who remain un- alty, the child tax credit, the capital That is why you hear people say the employed or underemployed or who are gains rate, dividends tax rate, the real unemployment rate is not 8.1 per- only marginally attached to the work- death tax rate—all of these combined cent, it is 11.1 percent. What that force. These are 22.8 million Americans will go up, resulting in the largest in- means is the more people who give up who could be working productively, crease in the country. looking for work, the better the offi- and if they were, our economy would be When we consider economic growth, cial unemployment number gets, but it doing much better. Guess what would when we talk about a wet blanket or

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 14, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6679 when we talk about something that stop issuing these burdensome regula- country. I don’t mind being here, but it will kill economic recovery, that kind tions. will be very bad for the country to pile of a tax increase, which means taking How about the third thing: American up all of these things and expect to get money out of the private sector and energy. We could be one the most en- them done smartly in the 5 or 6 weeks giving it to government, is about the ergy-wealthy countries in the world—if that surround Thanksgiving and worst medicine one could think of. So not the most—just taking advantage of Christmas. my hope is that the President will lead our own resources. We would no longer What are some of these things? First and Congress will provide the support have to be dependent on the Middle of all, just funding the government— necessary to extend our current Tax East for our sources of energy. But un- the appropriations bills. Nobody ex- Code and to ensure we don’t have the fortunately, here, too, the President pects we are going to complete work on biggest tax increase in the history of and Senate Democrats have repeatedly all of the appropriations bills to run the country. pursued tax increases on the oil and the government, as a result of which I mentioned taxation and regulation. gas industries, raised the cost of gaso- we will have to, at the end of the year, Well, regulation is No. 2. Over 28,000 line, and increased our dependence on pile a whole bunch of bills into what pages of new Federal regulations have foreign oil, according to the Congres- have been called Omnibus appropria- been added to the books in just this sional Research Service—the non- tions bills—‘‘omnibus’’ meaning we calendar year. Think about that—28,000 partisan entity that looks into these throw everything into the same pot. pages. We think of going to the store things when we ask them. The problem with that, coupled with and buying a book of 200 pages, or 300 Instead of basing an energy strategy the fact that the Senate hasn’t ap- pages if it is a really big one. How on punitive tax hikes, we think it proved a budget in 3 years and won’t about 28,000 pages of new Federal regu- would be better if the President would approve a budget this year, presum- lations just this year. just work with us and work with the ably, is that nothing is prioritized; it is Bureaucracies such as the National House of Representatives to expand the just basically a continuation of the Labor Relations Board and the Envi- development of domestic resources off- spending from years past. So we are ronmental Protection Agency continue shore, on our Federal lands, in Alaska. not making the critical decisions about to churn out rules and regulations that We have plenty of oil and gas and we dropping this and adding this that confuse job creators and hamper their have plenty of other kinds of reserves would provide more sensible funding of ability to expand and hire. One exam- of energy that could make this country our Federal Government. So that is the ple: Because of a public outcry, it was not just no longer dependent on the first thing we ought to be doing, and finally decided that the Department of Middle East but much wealthier than that leads me to the second thing. Labor won’t issue regulations basically we are today. Part of that is just sim- We have been borrowing so much saying that kids couldn’t work on the ply approving the Keystone Pipeline. money that it is very clear we are family farm. Many of us worked on This isn’t even American resources; it going to once again run up against the family farms. Maybe we didn’t like it is in Canada. They meet all of their en- debt ceiling. We have borrowed so at the time, but we all agree it did us vironmental requirements. It doesn’t much that we have to increase the debt a lot of good. The reality is that it is damage the environment here in the ceiling in order to pay the money we not something the Federal Government United States. They have already done have borrowed. Nobody likes to do it. ought to be poking its nose into. So the environmental reviews for the pipe- Nobody likes to say they voted to in- there was finally enough political line. There are thousands of pipelines crease the debt ceiling. Well, then, why push-back from the FFA and the 4 H crisscrossing our country. This pipeline vote to incur the debt in the first Clubs and the Farm Bureau and really is not going to create an environ- place? Oh, we have no trouble doing everybody who was sensible about mental problem. The President has that—at least some Members in this looking at it that they pulled it back. said that the part that goes from Okla- body and in the House don’t—but the But unless the American people apply homa down to Texas is fine with him reality is that when those people have pressure and push back against this but not the part that requires EPA’s incurred that much spending, we have stuff, bureaucrats and the Federal Gov- go-ahead. to pay the debt, and that means the ernment are going to continue to fig- So that is the third thing. Let’s have debt ceiling has to be raised. When will ure that they can run our lives better an energy policy that takes advantage this come to pass? Right after the elec- than we can do it ourselves. of what we have, including approving tion. We wouldn’t want to take it up One of the biggest burdens in terms the Keystone Pipeline. before the election. It might remind of regulations is ObamaCare. It has Finally, what the President and our the American people about how much— made the regulatory state much bigger Democratic friends here in the Senate too much—we are spending. Forty and much more expansive. It has re- could do is to join the House of Rep- cents on every dollar we spend in this sulted in an estimated 58.5 million an- resentatives and clear the deck of all of country we had to borrow. So the debt nual paperwork hours, according to the the legislation that has been piling up ceiling is something we are going to American Action Forum—58.5 million here on the Senate floor that isn’t get- have to deal with. annual paperwork hours. I have talked ting done that we all know has to get Here is one of the biggest of all: se- to businessmen and I have talked to done before the end of the year. These questration. We agreed in the Budget medical offices and so on, and they are are not optional. This is our home- Control Act last year that we would going nuts trying to figure out how to work. This is stuff we have to do, and save about $1 trillion over 10 years on deal with all of these new regulations. it is all being put aside for the lame- discretionary spending and we would The House of Representatives has duck session. try to save another $1.5 trillion in man- passed numerous bills that would re- The lameduck session is the time in datory spending—the so-called entitle- duce the regulatory burden Washington between the election when new Mem- ment programs that are really costing imposes on the economy, but the Presi- bers of Congress have been elected and us big bucks, including Medicare, Med- dent and the Senate Democratic lead- the time they are sworn in—essentially icaid, and Social Security, and there is ership have refused to bring those to at the end of the first week in Novem- a whole variety of other programs that the Senate floor. So that is the second ber to the first week in January. I will are included in entitlement spending. thing we could do. be a lame duck; I am not running for Nobody is talking about ending these It all boils down to this: We should reelection. I would rather the new Sen- programs as we know them. What poli- rely more on the power of freedom than ator from my State make the decisions tician is going to call for an end to So- on the power of government. If we do, about the future of the country, but be- cial Security or Medicare? That is not the American people will do the rest. cause all of these things are piling up, what we are talking about. We are So let’s stop this biggest tax increase I will be one of the people here making talking about effectuating savings. in the history of the country. Let’s these decisions for the future of our There is a huge amount of waste and

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6680 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 14, 2012 fraud and abuse that everybody ac- have to figure out how to pay the doc- After you are elected, they continue to knowledges. We could save billions of tors. The reality is that if we don’t pay watch how you vote to decide whether dollars in all of these programs, and we them, then we only have ourselves to they want to vote for you again. But in need to do that. blame when our senior citizens can’t this day and age, we are playing hide We need to save $1.2 trillion, which is find a doctor to take care of them when the ball from the American people: the actual amount required by law, they need that care. Let’s do not bring anything up until over 10 years. When we subtract inter- There are others as well. The payroll after the election. That way the Amer- est, that comes out to about $908 bil- tax holiday expires, and there are ican people will not see how we feel lion or $918 billion—I have forgotten many others we need to do as part of about these things. which—each year. So some of us have our business as Representatives and Some of these are tough votes, I ac- introduced legislation to pay for this Senators. This isn’t optional. These knowledge. It is hard to figure out how $900-plus billion for next year, to offset have to be done to keep the govern- to effectuate savings. If you have to with spending reductions the cost of ment running, the things we promised come up with $100 billion in savings this sequestration. ‘‘Sequestration’’ is our constituents in legislation that we over 10 years, something has to go. So a fancy word for across-the-board would do. you cannot promise everything to ev- spending cuts. Half of them go directly So another suggestion is let’s start erybody. You actually have to find $100 to the Department of Defense, and the working on these big problems. Many billion in savings somewhere. other half are spread all across the of us who will be in a lameduck posi- Senator MCCAIN and I and Senators other programs in our budget, from tion are putting a letter together to CORNYN and AYOTTE and RUBIO and education, housing, you name it. Well, our leadership asking them to please GRAHAM and some others have intro- does it make sense to just take a meat tackle these big problems. We should duced legislation to say: Here is how ax and lop off the top 10 percent or top not be voting on a lot of these things. we would do it. If somebody has a dif- 12 percent or whatever it might be of We should be done as of the end of the ferent way of looking at it, tell us. the spending in all of these different year. But if we have to, we will. It is I will tell you the way we would do programs? Would we want to buy four- not that we are not ready for the work. it. You can save $100 billion by doing fifths of an airplane in the military? It is that these things should be done two things. When people leave govern- Does that make sense or does it make before the election. ment employment, instead of hiring This is my last point. You ask, why, more sense to save $10 here so we can somebody to replace them, we would if these are things we are supposed to spend $10 over here? Obviously, it hire two people for every three who do—the appropriations; dealing with makes more sense to do that. leave. The Bowles-Simpson Commis- Everybody assumes that somehow we the Tax Code, because it will automati- sion says only hire one for every three are going to avoid sequestration in the cally have a big tax increase if we do who leave. So we are being a lot more lameduck session of Congress. Who is not; the sequestration; the debt ceiling; liberal than Bowles-Simpson. We say, doing anything about it? Well, some of paying the doctors—if we have to do all every time three people leave the gov- us have introduced legislation. Also, of these things, why are we putting ernment, let’s only hire two back. I bet we hope that this week in the House of them off? we could get by as a country doing Representatives they will be able to Well, here is the dirty little secret. that. The other thing is, the President amend the Defense authorization bill Because if we actually tackled them, froze increases in Federal salaries, and by adding a provision that says the we would have to make some tough de- we would simply extend that freeze numbers in that bill assume we have cisions. If we made tough decisions, we through the middle of 2014. resolved this sequestration problem as would have to take votes. If we take a way to begin negotiations so we can votes, those votes are going to be on There are other ways to do it. There find a solution that both Houses will the record. And if those votes are on are hundreds of billions of dollars to be agree to and both political parties will the record before the election, our con- saved. If you have a better idea, we are agree to. This shouldn’t be partisan. stituents will know what we think and all for it, but at least come up with Everybody loses if sequestration oc- how we act, and some of them may not something and do not be afraid to vote. curs. So let’s solve that problem, and like it. The American people are pretty smart. let’s solve it before we get to the lame- So we do not want to be on the They get this stuff, and they know duck session. That is the third thing record, some of my colleagues say. there is no free lunch. They know that we can do. Again, it does not bother me; I am not government costs money, and they Everybody familiar with our Tax running for reelection. We do not want know you cannot save money by con- Code knows there is a fourth thing. We to be on the record before the election. tinuing to promise everything to ev- have something that happens each It is a little bit like when the President erybody. year. There are 60 provisions in the Tax leaned over to then-President of Russia I urge my colleagues on both sides of Code that expire every year. We have Dmitry Medvedev and he said: Look, the aisle, the leadership in both the to renew them, and we do, so let’s get after my last election, I will have a lot House and the Senate, let’s get serious about it. They have already expired. more flexibility to deal with these about this. First of all, let’s not raise These are the so-called tax extenders— issues. You tell Vladimir. taxes. Let’s reduce regulations. Let’s extending certain provisions of the Tax Well, after the election it is too late. have a real energy policy. Let’s get our Code that everybody wants to see ex- The people have cast their ballots. work done—the work we know has to tended. They have already expired. We Shouldn’t the politicians be willing to be done. And let’s get it done as soon need to do it retroactively the first of say before the election what they stand as we can. That would give families the year. Everybody knows we are for? And instead of making campaign and businesses the knowledge of how to going to extend most of them; maybe promises, how about taking votes on plan for the future. That would help we won’t do all of them. We need to do real issues so the American people them understand what they have to that, so why not? Let’s get that done. know where they stand? Then they can deal with and not have to incur this We know there are other things that make an informed judgment: I like this huge uncertainty, which is so much of are occurring. There is something person over that person because I like a drag on our economy today. called the doc fix. Each year we have to the way this person voted or I do not These are four constructive sugges- figure out how to pay the doctors who like the way that person voted. tions. There is a lot more we could do. take care of Medicare patients. It costs That is what democracy is supposed But when our economy is in as bad a a lot of money. If we don’t pay them, to be all about. You make the tough shape as it is right now—and it is not we are not going to have any doctors decisions. You stand for election. The getting much better; we have this who will take care of Medicare pa- people either say yes or no. Then, by many people not even looking for work tients. So it is always a dance: Well, we the way, they hold you in account. anymore—we need to do something

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 14, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6681 more than be out on the campaign hus- and one I will talk about now is on deficit spending in his 4 years. Four tings talking small ball and trying to February 23, 2009. In his opening re- years of the Buffett rule—that tax blame it on the other side. marks to the fiscal responsibility sum- President Obama said would stabilize Let’s get to work, follow these four mit, the President stated: the debt and deficit—would be $20 bil- ideas, and I think we could make tre- Today I am pledging to cut the deficit we lion. I realize the people in the gallery mendous progress to get our country inherited in half by the end of my first term probably cannot see that line on the moving again. Frankly, if we did, I in office. This will not be easy. It will re- chart, but it is obviously not enough to think the American people would re- quire us to make difficult decisions and face stabilize the debt and deficit. ward us. They would say: Thank you. challenges we have long neglected. But I I think the President has the obliga- Thanks for finally doing something. refuse to leave our children with a debt that tion and duty not to mislead the Amer- they cannot repay, and that means taking That is what we sent you there for, and responsibility right now in this administra- ican public. That is what he did in this we will reward you for it. So ironically, tion for getting our spending under control. case. Senator CORKER has been a real lead- good policy turns out to be good poli- I point out that when he made those er on this issue in terms of being a real tics. I think we need a little bit more remarks, the most recent estimate for hawk in trying to get our Nation’s fis- good policy. what the deficit would be in fiscal year I suggest the absence of a quorum. cal house in order. I wonder if he has 2009 was put forward by CBO on Janu- The ACTING PRESIDENT pro tem- any comments. ary 7, 2009. They were estimating that pore. The clerk will call the roll. The ACTING PRESIDENT pro tem- the deficit for that year would be $1.186 The assistant legislative clerk pro- pore. The Senator from Tennessee. trillion or 1.2 rounded up. Half of that ceeded to call the roll. Mr. CORKER. Mr. President, I appre- amount would be $593 billion. That is Mr. JOHNSON of Wisconsin. Mr. ciate the Senator’s comments, and I the promise President Obama made to President, I ask unanimous consent see the Senator from Texas and the this Nation in terms of the work he that the order for the quorum call be Senator from Wyoming here also. rescinded. would put in and what he would deliver Look, I think the No. 1 responsibility The ACTING PRESIDENT pro tem- to our Nation in terms of deficit con- we have in the U.S. Senate is to pass a pore. Without objection, it is so or- trol. budget and to lay out for the American The facts are far different. In 2009, dered. people how we are going to spend the largely because of the very partisan Mr. JOHNSON of Wisconsin. Mr. resources that come in. The last time stimulus package the President passed, President, I ask unanimous consent to we passed a budget was 1,111 days ago, the deficit wasn’t $1.2 trillion, it was enter into a colloquy with my col- and we spent over $10 trillion of the $1.4 trillion. That was followed in 2010 leagues for up to 30 minutes. U.S. taxpayer money during that time. The ACTING PRESIDENT pro tem- by $1.29 trillion. Then in fiscal 2011, it To be honest, I have quit voting for pore. Without objection, it is so or- was $1.3 trillion. The latest CBO esti- any spending bills—any spending dered. mate for deficit for this year will be bills—until we come to a point in time $1.253 trillion, almost $1.3 trillion. That THE BUDGET where we at least lay out for the Amer- Mr. JOHNSON of Wisconsin. Mr. is double what the President promised ican people how much of their money President, by now, it should come as no he would be delivering to the American we are going to spend and what we are surprise that the Senate has not passed people in terms of deficit control. going to spend it on. a budget in over 3 years. I believe it Moving forward, this President in his Again, each year we have $3.5 trillion has been 1,111 days. When I go to back budget is projecting increasing our to $3.6 trillion being spent by the Fed- to Wisconsin—and I think it is prob- debt from $15 trillion to over $25 tril- eral Government with no plan. I am ably true of my colleagues—the people lion. I am not sure that is believable. embarrassed for this body, candidly, of Wisconsin, and I think the people all The other quote of his was on Sep- that we have not even tried to take up over America, want us to work to- tember 26, 2011, in remarks at a DNC a budget. I know that the committee gether and solve our debt and deficit fundraiser in San Diego when he was itself began to take one up a few weeks issue. Since I have been here, the Re- trying to sell his Americans Job Act. ago, and the chairman was asked not publicans have fulfilled the responsi- He said the following: to do it because it made no sense to do bility to show what the plan is for sta- What I have said is that this is a very sim- a budget at this time. Thankfully, the bilizing our debt and deficit. The House ple principle that everybody should under- Parliamentarian ruled in this body stand. Warren Buffett’s secretary should not passed a budget in the last 2 years, but pay a lower tax rate than Warren Buffett. A that it was appropriate for us to take the Democrats in the Senate have not. teacher making $50,000 a year, or a fire- up a budget. Again, I cannot imagine a It is because they simply refuse to be fighter making $50,000 a year, or $60,000, greater shirking of our responsibility held accountable. That is a real shame. should not be paying a higher tax rate than than to not lay out to the American I realize the American public wants somebody making $50 million a year. And people exactly where their dollars are us to work with each other, but my that basic principle of fairness, if applied to going. suggestion is that the first individuals our Tax Code, could raise enough money that What worries me most is that this is who need to work with each other, the not only do we pay for our jobs bill— the greatest transference of wealth first compromise that needs to be done And here is the key quote: from these pages—from their genera- is with our Democratic colleagues in —we would also stabilize our debt and defi- tion to my generation—that has ex- this Chamber. They have 53 percent, cits for the next decade. isted in modern history in this coun- and they only need 51 to pass a budget. Mr. President, I don’t know what you try. There is a tremendous trans- They need to get together and work to- call that last statement, but I think it ference of wealth as we do not deal gether, and they need to hammer out a could be called a doozy. I think the with the issues of Medicare, Medicaid, compromise and pass a budget. The President has a very serious responsi- and Social Security. What we are doing way that we get together and com- bility not to mislead the American is actually piling up tremendous promise in the entire process is the public. I think that statement was a amounts of indebtedness so that the House budget would be presented with gross violation of that duty. people of America will like us more as the Senate budget, we would do a con- I have one chart here, a simple one. politicians, as we don’t make difficult ference, and we would have a process It shows the 4-year deficit figures for decisions and don’t have to wrestle for being able to compromise. That is the last 3 administrations. Here’s with the fiscal issues that we have as a the basic minimum of what I think Bush’s first 4-year administration, Nation. needs to be done in the Senate. which is a $.8 trillion total deficit in 4 This is the thing that is ailing West- One point I want to make is that years. In the second 4 years, it is $1.2 ern democracies around the world. We President Obama has made a number of trillion in deficit spending. This Presi- are seeing this play out, obviously, in promises during his administration, dent will accumulate $5.3 trillion in Europe right now, as citizens are rising

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6682 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 14, 2012 up in protest over having to deal with which is all we hear from the adminis- esting. I look to my colleague from the tough issues of the day. There has tration—that is not going to help this Tennessee, who is really one of the def- been this grand bargain in Western de- economy grow, because our small busi- icit hawks in the Senate, and when I mocracies—ours being one—where poli- nesses are scared to death out there. look at the statistics that are being ticians have given citizens what they I know because I have heard the Sen- put out about the entitlement spend- wish without asking them to pay for it. ator from Tennessee and the Senator ing, the entitlement spending today is I think we all understand that this is from Wisconsin, who came straight out over 50 percent of our spending every up now. We have a dilemma in this Na- of a business and who ran for the Sen- year—mandatory spending. In 10 years tion. We have a dilemma around the ate because he was so frustrated in it is going to be 75 percent of the world right now because of our inabil- business—we know that small business spending in this country. ity to deal with this issue. So in the people out there today are looking at So I would ask my friend from Ten- process, what we are doing is basically the increased taxes that are already in nessee—because he has been pure on transferring wealth from that genera- place with the Obamacare added taxes this issue, being the deficit hawk he tion to my generation. It is absolute and surtaxes that have already been is—how would we be able to solve the generational theft. I think it speaks to passed by the Democrats in Congress, spending problem of this country with- the greatest vulnerability we have as a without one single Republican vote. out addressing Social Security, Medi- Nation. Those taxes are already on board to in- care and Medicaid—mandatory spend- If you speak to all of our national se- crease, plus you have the fines they are ing—which will be at 75 percent of the curity analysts or you speak to any- facing if they don’t have the govern- budget in 10 years if we continue at body in this body, we know our great- ment-prescribed plan for the Obama this rate? est threat is not what is happening in health care plan. They are going to Mr. CORKER. I know the Senator China, it is not what is happening in have to pay fines on top of the surtaxes from Texas spends a tremendous Iran, it is not what is happening in to pay for the bill they are not going to amount of time on appropriations Syria, but the greatest threat to this be able to use. Then they are looking issues and knows a great deal about Nation is us, ourselves. For some rea- at the regulations that are coming out this, and she knows more than me if we son, this body has chosen to totally of this administration and saying: And wiped out all discretionary spending— shirk our responsibilities as they relate Congress wants to spend another tril- which this year will be capped at $1.47 to dealing with this issue. lion dollars this year? trillion—we still wouldn’t wipe out the I know over the next couple of weeks Every one of us knows we are looking budget deficit. we are going to have the opportunity at hitting the debt ceiling again—over So the Senator is absolutely correct. to vote on some budget resolutions. I $16 trillion—this fall, because this ad- We could do away with all defense agree with the Senator from Wisconsin. ministration will not even consider spending, all educational spending, all I hope there will be at least some way lower taxes and lower spending levels. research and development, and we this body can come together and So I look at all of us on the Senate could still not cause our budget not to present a budget for debate. If not, I floor right now who have been in busi- have a deficit. Let me give a stat—and know there will be alternatives put for- ness, who have run a business, who I talk about this a lot back home, and ward. Again, this is the greatest threat have met that payroll, who have met I am so glad the Senator has given me to our Nation; that is, our inability to the regulatory environment, and I this opportunity. show the kind of discipline we need to think: Why on Earth don’t we listen to The average American worker earns show as a Nation. Our country’s great- the small businesspeople of this coun- $43,500 today. So in a two-wage-earner ness is dissipating as we continue to try and in this body and do what they family, that is $87,000. Over their life- shovel this under the rug and not deal do every year—pass a budget? time, in today’s dollars, that family with it. I do hope the Senate at some The Senator from Wyoming is here, will pay into the Medicare Program point soon will rise and deal with the and I would just ask if he has an idea $119,000, and that includes the part the major responsibilities we have in this of when was the last time the Senate employer pays on their behalf. So be- Nation, and that is putting our country passed a budget resolution. tween what they pay in and the em- on sound footing. Mr. BARRASSO. Well, I would tell ployer—and the Senator from Texas I will close with this. I don’t think my colleague from Texas, who has been has been an employer before and knows there is anything we can do that would a leader in this fight asking for a budg- about paying the Medicare taxes into cause our economy to lift off more et, demanding a budget, as of today it the system—that combined amount of quickly than for people in this Nation has been 1,111 days since the Senate money for the average American fam- and around the world to know that we passed a budget, in spite of the law ily is $119,000 in today’s dollars. That actually have dealt with progrowth tax that says they must do so by April 15 of same family, if they retired, would reform and entitlement reform, and each year. So April 15 came and went take out of the system, over their life- passing longer term budgets and discre- this year, as it did last year and the time, $357,000. Now think about that. tionary caps that would put this Na- year before, and yet there is no budget. That is in today’s dollars. Again, tion on sound footing. I believe the So I look to the leadership of the $119,000 going into Medicare on their economy would take off. I hope that is Senator from Texas, who knows how behalf and $357,000 coming out of Medi- what we rise to do before the end of the hard-working families in her State care. this year. and the hard-working families of my I think most people in this body— I yield the floor for my colleague and State resent the fact that Washington even people who haven’t been in busi- great friend from Texas. refuses to be accountable. The Demo- ness—realize we cannot make that up The ACTING PRESIDENT pro tem- crats in this body refuse to be account- with volume. Yet volume is on the pore. The Senator from Texas. able to the American people. way. There are 20 million more Ameri- Mrs. HUTCHISON. Mr. President, I All the American people are asking cans over this next decade who are thank the Senator from Tennessee. It for, in my view, is value for their going to be part of that same formula— is interesting, because there are four of money. They want to make sure the $119,000 in and $357,000 out. us on the floor right now—the Senator money they send to Washington is I have been quoting these stats every from Wisconsin, the Senator from Ten- being spent effectively and efficiently, year, and the numbers get further and nessee, the Senator from Wyoming, and and they are actually getting value for further apart every quarter. myself. We have one thing in common. their money. Mrs. HUTCHISON. I want to ask the Every one of us has run a business. I assume that is what my colleague is Senator from Tennessee, because he Every one of us was in business before hearing from Texas as well. brought this up, not only is it so clear we came to the Senate. So we know Mrs. HUTCHISON. Well, of course. there is more going out than coming when we are talking about new taxes— And the spending issue is very inter- back in, what would he say to the fact

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 14, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6683 we also—not we, because he, along with would not cut the core benefits at all, figures because they actually netted myself and the Senator from Wyo- and we could gradually ease into a sys- out—the savings of Medicare with new ming—voted against the Obama health tem that would be solvent for 75 years. spending in Medicare, the way care bill, but interestingly, with those Then our elderly, who need Social Se- ObamaCare was originally going to be numbers the Senator just quoted, that curity, will have it there. paid for was about $1.3 trillion to cover bill cuts $500 billion more out of Medi- That is a proposal on the table now. about $1.1 trillion in outlays. That was care to pay for that overdraft the Sen- But what is happening in Congress? split up in basically two ways: about ator is talking about. He was talking And where is the leadership from the $590 billion in taxes, fees, and pen- about a generational change as well. White House? Nothing. Nothing. alties, and then $665 billion in reduc- Oh, my goodness. I am going to turn to the Senator tions in Medicare, Medicaid, and Medi- Mr. CORKER. Mr. President, $529 bil- from Wyoming because he is one of the care Advantage. lion, to be exact. The Senator from Wy- two actual physicians in the Senate, Now, we have not imposed the $208 oming has brought out over and over and he knows more about the Obama billion of the doc fix, the sustainable the unsustainable growth problem we health care system. When we look at growth rate formulas, because even have, meaning every year we come to what the Obama health care system is Washington realized if we reduce pay- this cliff with physicians—and he is a doing to Medicare—cutting it $1⁄2 tril- ments to providers, there will be less physician and used to practice on a lion—and then this Social Security access for seniors. So I guess I don’t daily basis—and instead of dealing with issue we have discussed, the overall have any reason to believe those cuts that issue over a decade, which would Medicare issue the Senator from Ten- in Medicare will actually occur. have cost about $300 billion, instead, nessee addressed, and what the Senator If we move the budgetary window for- we swept that issue under the rug and from Wisconsin has brought out in his ward to the timeframe when took the full $529 billion to help create charts—and he has been the real hands- ObamaCare truly kicks in—because, this entitlement. on, most recently experienced small initially, by the way, we had 10 years I think most people in this body businessperson—I would ask the real of revenue and only 6 years of outlays. know there is no way this bill is going doctor in this body: What is going to But really we only had 4 years of full to work the way it is laid out; that the happen if the Supreme Court doesn’t outlays. If we move the budget window costs are going to be substantially save America by throwing out the indi- forward, the true cost of ObamaCare more because in a free enterprise sys- vidual mandate on constitutional over a 10-year window is $2.4 trillion, tem, people act on their own behalf, in grounds and we actually have the im- and that is a very minimal estimate. their own self-interest. The subsidies plementation of ObamaCare, with the That is very conservative. If we don’t are so high for families up to $88,000 a taxes and fines that are going to come impose Medicare cuts, and we only year, the penalty is so low, what is in on January 1 of next year if we don’t grow the taxes, fees, and penalties— going to happen is we are going to have act? Where are we going to be in health about $816 billion—that leaves a $1.6 millions and millions of people out on care in this country? trillion deficit risk over 10 years. this program far beyond the projec- Mr. BARRASSO. I would tell my col- We are talking about these deficits tions that have been laid out. league and friend from Texas, who is a now that for 4 years have been $1.4 tril- So anyway, because we are talking wonderful student of this as well, this lion, $1.3 trillion, and $1.3 trillion, $1.3 about Social Security and Medicare, health care law is bad for patients, it is trillion. We are trying to close a $1.3 all of us want it to be solvent. That is bad for providers—the doctors and trillion deficit with about $1 trillion what we want to see. We want to make nurses who take care of those pa- worth of discretionary spending. The sure Medicare and Social Security are tients—and it is terrible for taxpayers, other graph I had—and this plays into here for generations down the road. who are going do get stuck footing the what the earlier part of the conversa- But we all know—the Medicare trustee bill. So it is not a surprise this admin- tion was—reflects the 1960s, when 68 has said so—it is going to be insolvent istration doesn’t want to come to the percent of our expenditures were appro- by the year 2024. Senate, is embarrassed to come to the priated. They were under some control One way to do deal with it is to put Senate with a budget, because they in Congress. And 32 percent were the our heads in the sand and just let it know the American people would be so mandatory programs and interest. Cur- happen in the years after we are gone, offended by the irresponsibility and the rently, about 36 percent of government let it happen to the good citizens of nature of such a budget. expenditures are appropriated and 64 this country. Another solution is to That is the situation we find our- percent are basically off-budget, on recognize: Hey, this is a big ship, and selves in now. As both my colleagues automatic pilot. we need to turn it a little in another have said, they took $500 billion from As the Senator from Texas pointed direction so these young people sitting Medicare—and not to save Medicare, out, 10 years forward, only about 25 in front of us don’t have to carry the not to strengthen Medicare—to start a percent of our Federal budget will be tab. whole new government program for appropriated—will be discretionary Mrs. HUTCHISON. I am so pleased someone else. That is why when I trav- spending. Everything else is on auto- the Senator from Tennessee brought el the State of Wyoming and I talk to matic pilot. That is simply not sustain- that up because there is a way for us to seniors, they say they don’t like this able. at least fix one of the entitlements in health care law. It is why the health The last graph I want to put up—and a relatively painless way, and that is care law is even more unpopular today we haven’t talked about this yet—re- Social Security. It is going to have a than it was the day it was passed. flects what I really fear. If we take a few changes that some people will not But I do notice our colleague from look at the average borrowing costs for like, but it could be so gradual if we do Wisconsin has a new chart I am trying the United States from 1970 through it now. We could simply raise the age 3 to read from here, and so I will ask if 1999, when we were a far more credit- months a year. he could share with us what is on that worthy nation, our debt’s GDP ratio In the bill I have proposed—and there chart so that everyone gets a chance to ranged from about 40 percent to 67 per- are others that are equally as good, al- see it and hear the explanation. cent. Our average borrowing cost as a though none of them have been taken Mr. JOHNSON of Wisconsin. I thank nation was 5.3 percent. Over the last 3 up—it would say: If you are 59 years the Senator from Wyoming. I came pre- years, from 2010 to 2012, our average old, you wouldn’t have any change at pared with charts, and a number of borrowing cost has been 1.5 percent be- all. If you are 58, you would retire 3 things that have already been men- cause we have held rates artificially months later. So it would be very grad- tioned by my colleagues I am ready for. low. ual. If we do that, and adjust the cost- We are talking about the true cost of If we just revert to that mean, that of-living increase, we would not have the health care law. When this was would actually be a 3.8-percent dif- to raise any social security taxes, we passed—and I actually grossed up these ferential. Applied to our debt, that

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6684 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 14, 2012 would be $600 billion to $700 billion per ing their time and their insight. They gressman John Paul Hammerschmidt. year in additional interest expense. have a lot of insight because they have So with the President’s approval, I will Compare that to $1 trillion worth of run businesses, they have worked to turn it over to Senator BOOZMAN and discretionary spending, and that would actually meet a budget and live within let him lead off. totally wipe out the defense budget, for a budget, have dealt with government The PRESIDING OFFICER. Without example, or if we maintain the defense regulations. And the Senator from objection, it is so ordered. budget, it would wipe out all discre- Texas was talking about these regula- Mr. BOOZMAN. Mr. President, it is a tionary spending. tions. They are burdensome, they are pleasure to be with the senior Senator That is what we need to be concerned expensive, and they are time-con- from Arkansas discussing somebody for about. That is the day of reckoning I suming. It is hard to budget when you whom we both have a great deal of af- am concerned about: when creditors don’t know what to expect. That is fection; that is, the former Congress- from around the world take a look at what the American people who create man of the Third District of Arkansas, the United States and say: You know jobs and who work jobs need—some the district I used to represent. Con- what. I am not going to loan you any predictability and some certainty so gressman Hammerschmidt represented more money. What is more likely to they can make wise decisions. And the district for 26 years, and he just re- occur is they will say: I will loan you when you have a Congress led by the cently celebrated his 90th birthday on more money but at a far higher inter- Democrats in the Senate who do not May 4. est rate. pass a budget, the predictability isn’t John Paul has led a life dedicated to I know the Senator from Tennessee is there, the certainty isn’t there. There public service. In fact, that is truly an understatement. Along with that, he fully aware of these types of figures. is so much confusion and uncertainty served as a combat pilot during World Mr. CORKER. I would say to the Sen- that people have a hard time making War II and is part of the ‘‘greatest gen- ator from Wisconsin and everyone, that the longer term decisions. is an outstanding chart, and I like the To my colleague from Wisconsin, I eration.’’ Once he returned home to Harrison, one before it even better. But the fact know that is what I saw in my medical AR, he ran the family lumber business is that it is so easily known, the illu- office, and as I talk to my colleague, I while spearheading efforts to create a mination is so bright that we have a know they have the same situation in two-party political system in the State major fiscal issue in this country, and Wisconsin. of Arkansas. John Paul helped mold we are watching how that can play out I thank my colleague from Wisconsin the political landscape of the State of and be so destructive to people’s lives as well as my colleagues from Texas Arkansas, and he never lost sight of right now in Europe as they try to deal and Tennessee for their leadership and the reason why he was doing that and with these issues. their continued efforts to try to get the why he worked so hard to provide a Our Nation is so large and the econ- Democrats in this body and this admin- two-party system, that being the peo- omy is so big that there will not be istration to pass a budget, which by ple of Arkansas. anyone to come to our rescue such as law they are mandated to do. Yet, even By the time he was elected to Con- we are seeing play out in some of these today, now we are at 1,111 days without gress in 1966 as the first member of his other countries. And for us to see what a budget. To me, that is inexcusable. party to represent Arkansas in Con- is happening and to know we are par- Mr. JOHNSON of Wisconsin. I appre- gress since Reconstruction, John Paul ticipating in this—we are participating ciate those comments. had a reputation of working to help in this because spending here in Amer- I will conclude. others. He did that for 26 years as a ica is on auto pilot. We are going to There really are two plans on the Member of Congress. By the time he re- spend $45 to $47 trillion of the Amer- table right now. One is from the House tired, he was the ranking member of ican people’s money over the next dec- Republicans. It actually passed the the House Transportation and Infra- ade. We have not a single document in Chamber. Republicans were willing to structure Committee. He served in place to lay out how that is going to put their votes to a budget. Repub- Congress with the same enthusiasm take place. I think it is incredibly irre- licans are willing to be held account- that propelled him into office and was sponsible. able. Of course, the other plan would be well respected by his colleagues on It would be an embarrassment to me the President’s budget, which last year both sides of the aisle for his strong if I had some ability to run this place lost in this body 0 to 97, and his current work ethic, approach to getting work and to know that we had no budget and budget lost in the House 0 to 414. So I done, and his responsiveness to con- yet we know the calamity that is going guess you can say that is a plan that stituent service. to occur if we do not deal with this doesn’t sound like a particularly seri- Eleven years ago, when I was a issue. We understand it full well, and ous plan. newly-elected Member of Congress who we are doing nothing about it. Instead, So I join my colleagues, and I thank also represented the district John Paul we are dealing with all kinds of issues the Senators from Texas and Wyoming used to represent, he gave me advice that are all about elections and wheth- and Tennessee for joining me. I would that I continue to follow; that is, the er one side can make the other side join them in asking this body to please key to good governing and the key to look bad and is this going to make a exercise your responsibility, own up to good public service is that, once elect- tough vote for somebody else, instead your duty, and let’s pass a budget. ed, there aren’t any more Republicans, of dealing with our No. 1 responsibility. Mr. President, I yield the floor, and I there aren’t any more Democrats— I am hoping that somehow at least 60 suggest the absence of a quorum. there are just the people of Arkansas folks in this body will be willing to The PRESIDING OFFICER (Mr. and the people of America, and we need pass a budget to then create a con- COONS). The clerk will call the roll. to take care of them. ference between the House and Senate The bill clerk proceeded to call the His words ring as true today as they so we can take a major step toward liv- roll. did 11 years ago. His efforts to work ing up to our financial obligations as a The PRESIDING OFFICER. The Sen- with his colleagues in both political country. ator from Arkansas. parties benefitted Arkansas and Amer- I thank the Senator so much for or- Mr. PRYOR. Mr. President, I ask ica and show what it truly means to be ganizing this today. unanimous consent that the order for bipartisan. Despite being in the House I yield the floor. the quorum call be rescinded. minority, he was able to achieve much Mr. JOHNSON of Wisconsin. The Sen- The PRESIDING OFFICER. Without success in Congress because he recog- ator from Wyoming looks as though he objection, it is so ordered. nized that the key to good governing might have another concluding com- CONGRATULATING JOHN PAUL HAMMERSCHMIDT and good public service is that you ment. Mr. PRYOR. Mr. President, my col- treat everyone fairly and set aside po- Mr. BARRASSO. I just want to thank league and I would like to extend a spe- litical differences. This ideology al- my colleagues who are here today shar- cial birthday greetings to former Con- lowed him to be influential in a variety

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 14, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6685 of different areas. He is credited with John Paul also used his time in Con- NOMINATION OF GEORGE LEVI securing improvements for roads and gress to help northwest Arkansas ex- RUSSELL III, TO BE UNITED infrastructure projects, including pand its infrastructure to keep up with STATES DISTRICT JUDGE FOR Interstate 540 and the Northwest Ar- the region’s fast growth. It is one of THE DISTRICT OF MARYLAND kansas Regional Airport, protecting the fastest growing sections of the the Buffalo River under the designa- country. As a member of the Public tion as a national river, and setting the Works Committee, John Paul was cred- NOMINATION OF JOHN J. THARP, example of exemplary constituent serv- JR., TO BE UNITED STATES DIS- ice that we strive to continue today. ited with securing bipartisan support on key infrastructure legislation. We TRICT JUDGE FOR THE NORTH- He is showing no signs of letting his ERN DISTRICT OF ILLINOIS age slow him down by any means. He could use a little of his magic today. continues his service on numerous You can’t go far in northwest Arkansas The PRESIDING OFFICER. Under boards and for organizations with the without seeing his impact. We have the the previous order, the Senate will pro- same vigor he demonstrated through- John Paul Hammerschmidt Highway, ceed to executive session to consider the following nominations, which the out his career. John Paul played an im- an access road to Carter Field near portant role in our State’s history, and clerk will report. Rogers, an industrial park at Diamond The legislative clerk read the nomi- he is still continuing to play an impor- City, JPH Plaza, the John Paul Ham- tant role in our State’s history. He also nations of George Levi Russell, III, of merschmidt Business and Conference was an important influence on me, as Maryland, to be United States District he was to so many others in Arkansas. Center at North Arkansas College in Judge for the District of Maryland, and I consider him a friend and a mentor. Harrison, John Paul Hammerschmidt John J. Tharp, Jr., of Illinois, to be I recall the first time that I was in Lake at Fort Smith and the JPH Fed- United States District Judge for the Washington being sworn in, in 2001. He eral Building in Fayetteville. Northern District of Illinois. The PRESIDING OFFICER. Under took my brother and me to the Mem- Upon John Paul’s retirement, former the previous order, there will be 60 bers’ dining room. It was a very special Congressman, Commerce and Transpor- time, and just his hospitality to all of minutes of debate equally divided in tation Secretary Norman Mineta spoke us throughout the years was so gra- the usual form. on the floor of the House of Represent- cious. I appreciate very much his ad- Mr. LEAHY. Mr. President, I ask vice and friendship. atives, saying: unanimous consent that the time run John Paul is able to leave his finger- There is no individual in the House who is until 5:30 p.m. on the nominees, which prints on projects important to Arkan- more loved and respected than John Paul would be approximately 50 minutes, sas through his hard work, dedication, Hammerschmidt. His honesty, gentleness, but that time be divided in the usual and commitment. He never forgot decency, and integrity are second to none. form. about the people he was sent to Wash- Don’t be swayed by his quiet manner, be- The PRESIDING OFFICER. Without ington to represent, and we are truly cause underneath is a man with strong con- objection, it is so ordered. grateful for his tireless efforts to rep- victions, a sense of purpose, and a keen de- Mr. LEAHY. Mr. President, last resent the people of Arkansas. sire to get things done. week, 5 months into the year, the Sen- Mr. PRYOR. Mr. President, John ate finally was allowed to finish clear- Paul Hammerschmidt is 90. There are It is fair to say that John Paul never ing the backlog of 19 judicial nominees many colleagues here in this Chamber, actually retired. He remains involved who were needlessly stalled since last who serve in this body today, who in many civic organizations, including year by Senate Republicans. Today the worked alongside him either during the Northwest Arkansas Council and Senate is being allowed to consider two their service in the House or when they March of Dimes. Higher education con- of the 19 judicial nominees now await- were in the Senate. He is one of the Ar- tinues to be a priority. John Paul ing final Senate action. George Levi kansas greats. He served northwest Ar- serves on not one but two boards of Russell is nominated to fill a judicial kansas, which is the Third Congres- trustees—the Board of Trustees at the emergency vacancy in the U.S. District sional District, 26 years in the Con- University of the Ozarks and he is a Court for the District of Maryland and John Tharp to fill a judicial emergency gress. Looking back at his career, John Trustee of Arkansas State University. Paul once said, ‘‘The only reason peo- vacancy in the Northern District of Il- ple should be in public office is to pure- John Paul Hammerschmidt has spent linois. These nominees have the sup- ly serve other people.’’ Indeed, he set decades serving others and giving back port of their home State Senators and the bar for constituent service—from to his community. I am pleased to have were reported 3 months ago with the delivering a Social Security check to a this opportunity to pay tribute to all bipartisan majority of the Judiciary senior bogged down in bureaucracy or he has achieved so far and to wish him Committee. fighting for disability benefits for a a happy 90th birthday and many more I hope the fact that the majority veteran. Today, each of us in Arkansas years of health and happiness. leader was able to obtain consent to congressional delegation tries to emu- move these nominations signals that late his legendary casework manage- Mr. President, I yield the floor. I sug- the Senate is being allowed to return ment. gest the absence of a quorum. to regular order, and that the majority One of John Paul’s most significant The PRESIDING OFFICER. The leader will be able to schedule a vote contributions was preserving the Buf- clerk will call the roll. without further delay on the nomina- falo River as a free-flowing stream. Ac- tion of Paul Watford of California to cording to the Pryor Center for Arkan- The bill clerk proceeded to call the fill a judicial emergency vacancy on sas Oral and Visual History, John Paul roll. the Ninth Circuit. His nomination was first floated the Buffalo at age 12 after The PRESIDING OFFICER. The Sen- reported before those being considered taking wood from his father’s lumber- ator from Vermont. today and has been skipped in the yard to build himself a boat. Nearly 40 order. He is a fine nominee with out- Mr. LEAHY. Mr. President, I ask years later, he established the Buffalo standing qualifications and bipartisan as the first National River. This was unanimous consent that the order for support. not an easy achievement, but one that the quorum call be rescinded. Last week, we were finally able to was built with persistence and through The PRESIDING OFFICER. Without confirm Judge Jacqueline Nguyen of relationships within the community. objection, it is so ordered. California to fill a judicial emergency Today, tens of thousands of Arkansas vacancy on the Ninth Circuit after a families, including mine, enjoy floating needless 5-month delay. Her nomina- the Buffalo National River. tion had been reported unanimously by

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6686 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 14, 2012 the Judiciary Committee and was con- general in the Bush administration; American Bar Association, had never firmed by a vote of 91 3. It took the fil- professors Eugene Volokh and Orin tried a jury case, nor had he served as ing of 17 cloture petitions in March to Kerr; and Jeremy Rosen, the former counsel in any criminal litigation. get Senate Republicans to agree to president of the Los Angeles chapter of The fact is, even after the Senate was consider her nomination. the Federalist Society. forced to invoke cloture to overcome The Ninth Circuit is still in dire need Justice Hurwitz is a respected and Republican filibusters of President of judges. With nearly three times the experienced jurist on the Arizona Su- Clinton’s nominations of Richard Paez number of cases pending as the next preme Court. His nomination has the and Marsha Berzon to the Ninth Cir- busiest circuit, we cannot afford to fur- strong support of both his Republican cuit, the Senate proceeded to confirm ther delay Senate votes on the other home state Senators, Senator JOHN seven of the nine Ninth Circuit nomi- two nominations to the Ninth Circuit. MCCAIN and Senator JON KYL, who in- nees of President Bush. We reduced va- Paul Watford of California passed the troduced him to the Judiciary Com- cancies on the Ninth Circuit during Committee more than 3 months ago. mittee at his hearing in January. Sen- President Bush’s two terms to only a Andrew Hurwitz of Arizona passed the ator KYL said of Justice Hurwitz: single vacancy. Four of President Committee more than 2 months ago. It is very easy to see and it is obvious to Bush’s Ninth Circuit nominees were There is no good reason for Senate Re- those of us who have been in Arizona a long confirmed during his first 4-year term: publicans to further delay votes on time why Justice Hurwitz was awarded the Judge Richard Clifton, Judge Jay these Ninth Circuit nominees. The 61 ABA’s highest rating, unanimous well quali- Bybee, Judge Consuelo Callahan, and million people served by the Ninth Cir- fied. So it will be my privilege to support his Judge Carlos Bea. By contrast, Senate cuit are not served by this delay. The nomination, and I am honored to be able to Republicans are opposing our moving introduce him to the panel today. circuit is being forced to handle more forward to consider and confirm Paul than double the caseload of any other Given that both nominees are su- Watford and Andrew Hurwitz, who are without its full complement of judges. perbly qualified mainstream nominees both strongly supported by their home The Senate should be expediting con- with bipartisan support, the long State Senators, to fill judicial emer- sideration of Paul Watford and Justice delays that have plagued these nomina- gency vacancies, and they filibustered Andrew Hurwitz, not delaying them. tions are hard to understand. the nomination of Goodwin Liu, who The Chief Judge of the Ninth Circuit, While discussing the Ninth Circuit, I also had the strong support of his home Judge Alex Kozinski, a Reagan ap- should also clear up the history of State Senators. pointee, along with the members of the President Bush’s Ninth Circuit nomi- The American people deserve better. Judicial Council of the Ninth Circuit, nees. Senate Democrats did not oppose Our courts need qualified Federal wrote to the Senate months ago em- Randy Smith joining the Ninth Circuit. judges, not vacancies, if they are to re- phasizing the Ninth Circuit’s ‘‘des- Judge Smith was confirmed unani- duce the excessive wait times that bur- perate need for judges,’’ urging the mously by a vote of 94–0. His nomina- den litigants seeking their day in Senate to ‘‘act on judicial nominees tion was unnecessarily complicated court. It is unacceptable for hard- without delay,’’ and concluding ‘‘we and delayed by President Bush who ini- working Americans who turn to their fear that the public will suffer unless tially insisted on nominating Judge courts for justice to suffer unnecessary our vacancies are filled very prompt- Smith to a California seat on the Ninth delays. When an injured plaintiff sues ly.’’ The judicial emergency vacancies Circuit. He is not a Californian and was to help cover the cost of his or her on the Ninth Circuit are harming liti- not supported by the California Sen- medical expenses, that plaintiff should gants by creating unnecessary and ators. When President Bush took my not have to wait 3 years before a judge costly delays. The Administrative Of- advice and renominated Judge Smith hears the case. When two small busi- fice of U.S. Courts reports that it takes to fill an Idaho vacancy on the Ninth ness owners disagree over a contract, nearly 5 months longer for the Ninth Circuit at the beginning of 2007, he was they should not have to wait years for Circuit to issue an opinion after an ap- confirmed quickly. a court to resolve their dispute. peal is filed, compared to all other cir- Carolyn Kuhl was another nominee We have much more work to do to cuits. The Ninth Circuit’s backlog of President Bush tried to ram through help resolve the judicial vacancy crisis pending cases far exceeds other Federal the Senate in spite of the opposition of that has persisted for more than 3 courts. As of the end of 2011, the Ninth her home State Senators. It was Sen- years. When the Majority Leader and Circuit had 14,041 cases pending before ate Republicans and the Republican the Republican leader came to their in- it, far more than any other circuit. chairman who blatantly disregarded terim understanding in March, it re- If caseloads were really a concern of Senate Judiciary procedure by pro- sulted in votes on 14 of the 22 judicial Republican Senators, as they con- ceeding with that nomination despite nominations then awaiting final con- tended last year when they filibustered the objection of both home State Sen- sideration. Because the arrangement the nomination of Caitlin Halligan to ators. At the time I noted that this was took months to implement what the the D.C. Circuit, they would not be de- a provocative step that ratcheted up Senate could have done in hours, the laying the nominations to fill judicial partisanship and the use of judicial backlog of judicial vacancies and judi- emergency vacancies in the Ninth Cir- nominees for partisan political pur- cial nominees continues. Today we are cuit. If caseloads were really a concern, poses. By contrast, I have respected ob- almost back to where we started with Senate Republicans would consent to jections of Republican home State Sen- 19 judicial nominees awaiting action. move forward with votes on Paul ators, even when they change their po- We are still lagging far behind what Watford and Andrew Hurwitz without sition from support to opposition, as we accomplished during the first term these months of unnecessary delays. happened recently with a Kansas nomi- of President George W. Bush. During Paul Watford was rated unanimously nee to the Tenth Circuit. President Bush’s first term we reduced well qualified by the ABA’s Standing Senate Democrats opposed William the number of judicial vacancies by al- Committee on the Federal Judiciary, Gerry Myers because he was an ideo- most 75 percent. When I became Chair- the highest rating possible. He clerked logue who spent over 20 years of his ca- man in the summer of 2001, there were at the United States Supreme Court for reer as a lobbyist and as an outspoken 110 vacancies. As Chairman, I worked Justice Ruth Bader Ginsburg and on antagonist against long-established en- with the administration and Senators the Ninth Circuit for now Chief Judge vironmental protections. Mr. Myers’ from both sides of the aisle to confirm Alex Kozinski. He was a Federal pros- advocacy often took positions that 100 judicial nominees of a conservative ecutor in Los Angeles. He has the sup- were legally unsupportable. Mr. Myers’ Republican President in 17 months. port of his home State Senators and bi- record as a partisan ideologue was not We continued when in the minority partisan support from noted conserv- offset by other qualifications to be a to work with Senate Republicans to atives such as Daniel Collins, who court of appeals nominee; he received a confirm President Bush’s consensus ju- served as associate deputy attorney partial not qualified rating from the dicial nominations well into 2004, a

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 14, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6687 Presidential election year. At the end also been nominated by President trol of the White House makes nomina- of that Presidential term, the Senate George W. Bush in July 2008. A former tion recommendations to the White had acted to confirm 205 circuit and Captain in the Marine Corps, Mr. Tharp House for one Federal district court district court nominees. In May 2004, is currently a partner in the Chicago judgeship for every three of the party we reduced judicial vacancies to below office of Mayer Brown LLP. He began in power. The arrangement is intended 50 on the way to 28 that August. De- his legal career as a Federal prosecutor to ensure the orderly filing of Federal spite 2004 being an election year, we in the Northern District of Illinois and judge vacancies on the Illinois bench. were able to reduce vacancies to the clerked for Judge Joel Flaum on the Under that tradition, John Tharp was lowest level in the last 20 years. At a U.S. Court of Appeals for the Seventh my first recommendation. time of great turmoil and political con- Circuit. The ABA Standing Committee Jay served our country in the Marine frontation, despite the attack on 9/11, on the Federal Judiciary unanimously Corps from 1982 to 1988, achieving the the anthrax letters shutting down Sen- rated Mr. Tharp well qualified, its rank of Captain and earning the Navy ate offices, and the ideologically driven highest rating. Mr. Tharp’s nomination Achievement Medal and the Navy Dis- judicial selections of President Bush, has the bipartisan support of Illinois’ tinguished Midshipman Award. He sub- we worked together to promptly con- Democratic Senator DICK DURBIN and sequently attended Northwestern Uni- firm consensus nominees and signifi- Republican Senator MARK KIRK. versity Law School on a full merit cantly reduce judicial vacancies. Both Judge Russell and Mr. Tharp John Henry Wigmore Scholarship. In October 2008, another Presidential were favorably reported by the Judici- While at Northwestern, Jay served as election year, we again worked to re- ary Committee on February 16th of book review editor of the Northwestern duce judicial vacancies and were able this year. I look forward to their con- Law Review. He graduated magna cum to get back down to 34 vacancies. I ac- firmations today. laude in 1990. commodated Senate Republicans and Mr. President, using the time allo- Last week, the Senate voted to con- continued holding expedited hearings cated to the majority, I ask unanimous firm John Lee to fill one of the vacan- and votes on judicial nominations into consent to speak as in morning busi- cies for the Northern District. Senator September 2008. We lowered vacancy ness. DURBIN and I worked closely to rec- rates more than twice as quickly as The PRESIDING OFFICER. Without ommend both Jay Tharp and John Lee Senate Republicans have allowed dur- objection, it is so ordered. and today’s vote on Jay’s nomination will hopefully conclude the process to ing President Obama’s first term. (The remarks of Senator LEAHY are fill these two vacancies. By comparison, the vacancy rate re- printed in today’s RECORD under I would also like to thank my Judi- mains nearly twice what it was at this ‘‘Morning Business.’’) cial Review Advisory Board, chaired by point in the first term of President Mr. LEAHY. Mr. President, I suggest Peter Baugher of Schopf & Weiss LLP, Bush, and has remained near or above the absence of a quorum and ask unani- for their hard work in selecting Jay 80 for nearly three years. Again, if we mous consent that the remaining time Tharp. In February 2011, I formed this could move forward to Senate votes on between now and 5:30 be equally di- 14-member bipartisan, Statewide the 19 judicial nominees ready for final vided. screening committee and charged it action, the Senate could reduce vacan- The PRESIDING OFFICER. Without with identifying ‘‘the strongest appli- cies below 60 and make progress. objection, it is so ordered. cants from Illinois for consideration by The Senate needs to consider these The clerk will call the roll. the President and U.S. Senate.’’ judicial nominees if we are to make The legislative clerk proceeded to My Advisory Board received nearly 50 real progress in reducing the burden of call the roll. applications, met five times, and spent judicial vacancies. That is what we did Mr. DURBIN. Mr. President, I ask over 300 man-hours to review judicial in the most recent Presidential elec- unanimous consent that the order for candidates. The Advisory Board’s re- tion years of 2004 and 2008 and what we the quorum call be rescinded. view process included personal inter- should be doing this year. We have a The PRESIDING OFFICER. Without views as well as calls to colleagues, op- long way to go. We need to work to re- objection, it is so ordered. posing counsel, and judges. duce the vacancies that are burdening At the request of Mr. DURBIN, the fol- I urge my colleagues to support Jay the Federal judiciary and the millions lowing statement was ordered to be Tharp’s nomination.∑ of Americans who rely on our Federal printed in the RECORD. Mr. DURBIN. Mr. President, pending courts to seek justice. Let us work in a ∑ Mr. KIRK. Mr. President, I wish to before the Senate is the nomination of bipartisan fashion to confirm these offer my strong endorsement for the Jay Tharp to serve on the District qualified judicial nominees so that we nomination of John ‘‘Jay’’ Tharp to Court for the Northern District of Illi- can address the judicial vacancy crisis the U.S. District Court for the North- nois. Senator KIRK and I have agreed and so they can serve the American ern District of Illinois. on a bipartisan approach to this. We people. Jay Tharp will be an outstanding ad- each have appointed bipartisan com- Today, we can finally fill two judicial dition to the Federal bench. He made a mittees who review prospective appli- emergency vacancies with excellent name for himself as an assistant U.S. cants and then make recommenda- nominees. George Levi Russell III is attorney whose cases included political tions. We each have a veto over the nominated to fill a judicial emergency corruption and money laundering. His other’s recommendation, so it is to- vacancy on the District of Maryland, impressive tenure in that office in- tally bipartisan. In the case of Jay where he has been an active member of cludes service in the General Crimes Tharp, there was no veto—certainly the legal community for over 20 years. Division and the Organized Crime Drug not by me—and in this case, he was Currently an Associate Judge in the Enforcement Task Force. Since leaving sponsored by Senator KIRK. He is an ex- Circuit Court of Maryland for Balti- the U.S. Attorney’s office in 1997, traordinarily talented individual. more City, he previously spent 10 years Tharp has worked at Mayer Brown The reason I have entered into the as an Assistant U.S. Attorney in the LLP, where he was made partner in CONGRESSIONAL RECORD the official District of Maryland, serving in both 1999. He is currently coleader of Mayer statement of Senator KIRK is because, the criminal and civil divisions. Judge Brown’s securities litigation and en- obviously, he can’t be here. He is in Russell’s nomination has the strong forcement practice. rehab at this point from a stroke he support of the Maryland Senators, Sen- I want to thank Senator DURBIN for suffered in January, and there was an ators MIKULSKI and CARDIN. his continued dedication and hard work encouraging video released last week John ‘‘Jay’’ Tharp is nominated to to ensure the Senate’s timely con- showing the progress he is making. We fill a judicial emergency vacancy on firmation of both Illinois judicial are all anxious for him to return. I the Northern District of Illinois. This nominees, Jay Tharp and John Lee. promised him in a phone conversation is the second time Mr. Tharp has been Under Senate tradition for Illinois, last week that I would move this nomi- nominated to that position, having the senator from the party not in con- nation as quickly as possible so that

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6688 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 14, 2012 his nominee is approved. His statement Senate to fill vacancies: John Lee, who dicial emergencies, including two now in the RECORD speaks to his feel- was approved last Monday, and Jay nominees for seats in the Ninth Cir- ings about Jay Tharp’s nomination, Tharp, who we will be considering this cuit—Paul Watford and Andrew and it speaks for itself. I will now add evening. Hurwitz, who are extraordinarily well my own comments. John Lee was my choice; Jay Tharp qualified. I am glad Mr. Tharp is finally getting was Senator KIRK’s choice. We agreed, I hope my Republican colleagues will a vote in the Senate. It has taken a as I said, on both nominees. They were give us a break. These people deserve long time. In fact, it has taken too both nominated on the same day. They to get their moment on the Senate long for this day to come. Nominees appeared together at the hearing before floor. They deserve a vote, and the who are noncontroversial, eminently the Judiciary Committee in January. areas they are going to serve deserve a qualified, who go through the com- Both were reported out of the com- full complement of competent jurists. mittee without even a hint of resist- mittee in February—about 3 or 4 It is time to restore sanity, comity, ance from Democrats or Republicans months ago—in a bipartisan voice vote. and good faith to the way we treat ju- shouldn’t have to sit on this calendar It was my hope we could bring them dicial nominations on the Senate floor. for week after week and month after to a quick vote. There was an urgent That should start today. month. It has now become standard need to fill the vacancies. We had been Let me discuss Jay Tharp’s back- around here, as have these mind-numb- contacted by the chief judge of the dis- ground for the record. He was nomi- ing filibusters become standard around trict in Chicago, Jim Holderman. He nated when a judgeship opened up after here, and it isn’t fair. had written to both of us, Senator KIRK Judge Blanche Manning took senior It isn’t fair first to the country to and myself, and asked: Please move on status. He is currently a partner in the leave vacancies on the Federal bench, these judges. Chicago office of Mayer Brown, where creating hardships in courts around the I felt an obligation, after Senator he is the co-leader of the firm’s securi- Nation where people come to the court- KIRK’s illness, to try to get this job ties litigation and enforcement prac- house expecting timely consideration done. I knew Senator KIRK would be tice. He was born into a military family— of important matters, from criminal here in person if it were humanly pos- he is very proud of it—as the son of a charges to civil litigation. sible. I put his statement in the lieutenant colonel in the Marine Corps. It isn’t fair to the nominees. It really RECORD. I know how strongly he feels Jay Tharp attended Duke University takes a pretty stalwart individual to about the qualities of Jay Tharp. on an ROTC scholarship. He received put their name up to be a Federal judge Unfortunately, for reasons hard to his undergraduate degree summa cum because they are going to go through understand, this has dragged on for al- laude and was commissioned as a sec- three or four different levels of inves- most 6 months since their nominations ond lieutenant in the Marine Corps. tigation and some pretty serious inves- were sent to the Senate. Up until a few He served on Active Duty with the tigation by the Federal Bureau of In- years ago, this, as I said, was not the Marines for 6 years, achieving the rank vestigation, for example. That is part way things were handled—not when it of captain and earning the Navy of the process. There are investigations came to bipartisan nominees who were Achievement Medal and the Navy Dis- by the White House, by the Senators’ coming out of the committee with no tinguished Midshipman Award. offices, by the Senate Judiciary Com- controversy. That certainly is the case After his military service, he at- mittee. So it is not an easy under- now. We now see routine objections. tended Northwestern University Law taking. There might have been a There is a presumption that something School. He graduated magna cum laude time—I know there was—when these must be wrong with a nominee, and we and served on their Law Review. Upon nominations were made in 48 hours will just sit on it for weeks and graduation, he was a clerk for Judge with hardly a question asked. It months. That is not good. It is not fair Joel Flaum on the Seventh Circuit, and doesn’t happen anymore. Hard ques- to the nominees. It is not fair to the then worked as an assistant U.S. attor- tions are asked, and then comes the process. It certainly is not good for the ney in Chicago for 6 years. suspense of starting the process and judiciary. After his tenure as a Federal pros- waiting for it to end. These poor nomi- Under the last nominations agree- ecutor, he joined Mayer Brown, where nees sit there with their professional ment negotiated in March, for some his practice has been in complex com- and personal lives on hold, having said reason John Lee made the cut, Jay mercial litigation and criminal inves- they are prepared to step forward and Tharp did not. I appealed to Senator tigations. He has received numerous serve a lifetime appointment on the KYL, to Senator MCCONNELL. I sent a recognitions. He has served as an ad- Federal judiciary, and then they wait letter in writing and spoke to it on the junct professor of trial advocacy at day after weary day, week after weary Senate floor. Northwestern University Law School, week, month after month, sitting on This is Senator MARK KIRK’s first and he is a member of the Law Fund this Executive Calendar so that at nomination for a Federal judgeship, Board at Northwestern, which oversees some point there will be a bargaining and I know how important it is to him. fundraising efforts. session and some names will go forward I thank those who were responsible for In short, Jay Tharp is a picture-per- and some won’t. bringing it forward today. I am sure he fect nominee for the Federal bench. He This is what happened to Jay Tharp, will be relieved. I know Jay Tharp will has the qualifications, temperament, but it shouldn’t have, nor should it be relieved when this is over. and integrity to serve the Northern have happened to John Lee, the nomi- I have been very happy to stand and District well. I urge my colleagues to nee who was approved last week for Il- support Jay Tharp, as well as John support his nomination. linois. Both nominees are extraor- Lee. They are both extraordinary indi- I just say to Jay Tharp, the day has dinarily qualified and should have gone viduals. There are other well-qualified come, finally. I am sorry you got through without this resistance, but nominees sitting on this Senate cal- caught up in what has become a tiring this reflects what is happening in the endar in a similar circumstance. After political exercise, where people are just Senate. today’s votes, there will be 17 nominees stuck on a calendar waiting for some- What is interesting about Jay Tharp pending on the calendar, and nearly all thing to happen which springs them is that every aspect of his nomination of them—almost all of them—were loose. This evening will be your oppor- has been bipartisan. As I said, Senator voted out of committee without any tunity. KIRK put him through a bipartisan dissenting votes, with the exception of I hope the Senate—and I know Sen- process for selection, and Senator KIRK Senator LEE of Utah, who votes cus- ator KIRK will join me in saying this— reviewed and approved all of the can- tomarily against all judicial nominees. will give Jay Tharp the unanimous didates and then recommended him. It These nominees, but for a few, have not vote he deserves. He is an extraor- was last November 10 that the White had any controversy. Six of these dinarily well-qualified nominee, and I House sent two nominations to the nominees are in areas designated as ju- am happy to support his nomination.

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 14, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6689 I yield the floor. more pressure on the Congress to ap- 1990, Mr. Tharp began his legal career The PRESIDING OFFICER. The Sen- prove more nominees, and somehow ap- as a clerk for Judge Flaum on the Sev- ator from Iowa. prove nominees who are not even here enth Circuit Court of Appeals. After Mr. GRASSLEY. Mr. President, I will yet for us to approve. working as an associate at Kirkland & be urging the people in my caucus to I could go on, but I do not intend to. Ellis for a year, he joined the U.S. At- vote for these nominees, both of them. I do not like to get into this back-and- torney’s Office for the Northern Dis- Today, the Senate is expected to con- forth with the other side. But it gets a trict of Illinois, Chicago, as a Federal firm these two nominees: Judge Russell little tiresome to hear the same mis- prosecutor where he served in the to the District of Maryland and Mr. leading statements over and over. I Criminal Receiving and Appellate Divi- Tharp to the Northern District of Illi- want to set the record straight, and I sion, General Crimes Division, and Or- nois. As I said, I support the nominees, have done that. ganized Drug Enforcement Task Force. and I do, in fact, expect that both of I congratulate the nominees who will He handled cases involving narcotics them will be confirmed. be confirmed tonight. Both the nomi- and money laundering investigations, We continue to confirm the Presi- nees and their families should be financial frauds, political corruption, dent’s nominees at a brisk pace. In proud. tax crimes, bank robberies, and fire- fact, with today’s confirmations, we George Levi Russell III, presently arms offenses. will have confirmed 145 of President serving as an associate judge to the In 1997, Mr. Tharp left the U.S. Attor- Obama’s district and circuit court Circuit Court of Maryland, is nomi- ney’s Office and moved to his current nominees. I would like to put this in nated to be U.S. District Judge for the firm, Mayer Brown, where his practice perspective. District of Maryland. Judge Russell re- focuses on civil concerns, including We confirmed two Supreme Court ceived his BA from Morehouse College tort, contract, intellectual property, nominees during President Obama’s in 1988 and his JD from the University environment, tax, and unfair competi- term so far. Everyone knows it takes a of Maryland School of Law in 1991. tion claims, securities fraud, profes- tremendous amount of time and re- Upon graduation from law school, he sional liability, and governmental in- sources to consider Supreme Court clerked for Hon. Robert M. Bell, chief vestigations. nominees. judge for the Court of Appeals of Mary- In 2009, Mr. Tharp’s firm selected him The last time the Senate confirmed land. Judge Russell then worked as an to serve as coleader of the securities two Supreme Court nominees was dur- associate at the law firms Hazel and enforcement practice. In 2010, that ing President Bush’s second term. Dur- Thomas, P.C. and Whiteford, Taylor, group merged with the securities liti- ing President Bush’s entire second and Preston, where he handled cases gation group, and he continues to serve term, the Senate confirmed only 120 involving personal injury, product li- as coleader of the combined Mayer district and circuit court nominees. ability, and medical malpractice. In Brown securities litigation and en- Compare that, if you will, to the 145 1994, Judge Russell became an assistant forcement practice. He has an ABA rat- district and circuit court nominees we U.S. attorney for the U.S. Attorney’s ing of Unanimous ‘‘Well Qualified.’’’ have confirmed so far since President Office for the District of Maryland. He I urge my colleagues to support these Obama has become President. Let me worked in the civil division for 5 years, nominees. I think they probably will be say that same thing a different way. defending government agencies in dis- supported overwhelmingly. We have confirmed 25 more nominees crimination, automobile accident, and I yield the floor. Mr. CARDIN. I suggest the absence of for President Obama than we did for medical malpractice cases. In 2000, a quorum. President Bush in a similar time pe- Judge Russell rejoined the private sec- The PRESIDING OFFICER. The riod. Of course, President Obama’s tor for 2 years, working at the law of- clerk will call the roll. term is not over yet. fices of Peter G. Angelos, where he rep- The assistant legislative clerk pro- With these facts in mind, I hope my resented plaintiffs in class action and ceeded to call the roll. colleagues will understand why I get a private personal injury cases. In 2002, Ms. MIKULSKI. Mr. President, I ask little frustrated when I hear all of he returned to the U.S. Attorney’s Of- unanimous consent that the order for these complaints about how we are not fice and joined the criminal division the quorum call be rescinded. confirming enough nominees. The fact for 5 years. There Judge Russell pros- The PRESIDING OFFICER. Without is President Obama is being treated ecuted those accused of violent crimes objection, it is so ordered. much more fairly than Senate Demo- and narcotics cases. Ms. MIKULSKI. Mr. President, I am crats treated President Bush. In 2007, then-Governor Robert Ehr- so proud to be here on the floor of the It is especially frustrating to hear lich appointed Judge Russell to be an Senate to support the nomination of the other side complain about the va- associate judge on the Circuit Court of Judge George Russell III. He is nomi- cancy rate. The fact is the Senate is Maryland for Baltimore City. In No- nated to the U.S. District Court for the doing its job. We are confirming the vember 2008, he was elected to a 15-year District of Maryland, and he has the nominees who are sent to us. Of course, term. Judge Russell has sat on each of enthusiastic support of Senator CARDIN we cannot confirm nominees who are the four dockets of this court: crimi- and myself. Senator CARDIN will speak not up here from the White House. If nal, civil, family, and juvenile. right after me. there is a problem, then it rests with The ABA Standing Committee on the I thank Senators LEAHY and GRASS- the President. Federal Judiciary has given Judge Rus- LEY for moving this nomination, and I Right now, there are 77 judicial va- sell a rating of Substantial Majority thank Senators REID and MCCONNELL cancies. But the President has made ‘‘Qualified’’ and Minority ‘‘Not Quali- for their cooperation. only 29 nominations. That means 48 va- fied’’ for this position. I take my advice-and-consent respon- cancies or over 60 percent—actually, John J. Tharp, Jr., is nominated to sibilities very seriously. When I con- nearly 63 percent—have no nominee. be U.S. district judge for the Northern sider someone for the Federal bench, I Stating it another way, there are cur- District of Illinois. Mr. Tharp was first have four criteria: absolute personal rently 44 million Americans living in nominated to this position by Presi- integrity, judicial competence and districts with vacancies where the dent Bush in 2008. Mr. Tharp received temperament, a commitment to core President has not submitted a nominee his BA from Duke University in 1982 constitutional principles, and a history to the Senate. and his JD from Northwestern Univer- of civic engagement in Maryland. I suspect the President neglected to sity School of Law in 1990. Mr. Tharp I cite these standards because I mean share that statistic with all the groups served in the U.S. Marine Corps from it. I must say Judge Russell—he is cur- he summoned to the White House 1 1982 to 1988, became a captain in 1987, rently on the Circuit Court of Balti- week ago today to discuss judicial and has received several military hon- more City—brings the right values to nominees, probably with the point of ors. Following graduation from North- the bench. He has the necessary experi- getting those organizations to put western University School of Law in ence. He has seen the legal system

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6690 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 14, 2012 from all perspectives and brings forth a ship on the process we have used in community outreach programs in co- top-notch background. Maryland on filling judicial vacancies. ordination with the Baltimore City He is nominated to fill the seat of I am very proud to work with Senator State’s Attorney’s Office to reduce vio- Judge Peter Messitte, who took senior MIKULSKI in a process that screens law- lent crime in Baltimore communities. status 3 years ago. I think it is a mat- yers who are interested in becoming In 2007, Governor Ehrlich, a Repub- ter of urgency to confirm Judge Rus- Federal judges in order that we can get lican, appointed him to serve as an as- sell because of the backlog we have in the very best to recommend to the sociate judge of the Baltimore City our Maryland Federal court. President. Circuit Court for a term of 15 years. As Prior to taking the bench, Judge We think the President has chosen a trial judge, Judge Russell has pre- Russell spent his legal career as a liti- the very best in Judge Russell to fill sided over hundreds of trials that have gator. He spent 10 years as an assistant the district court vacancy for the Dis- gone to verdict or judgment and he has U.S. attorney in Maryland. He handled trict of Maryland. But I really wanted experience in handling jury trials, both criminal and civil cases. While to applaud my colleague in the Senate bench trials, civil cases, and criminal there he was also a community out- for the seriousness that we both take cases. He has the professional experi- reach coordinator. What does that on filling these vacancies. We under- ence which has been recognized by a mean? For an assistant U.S. attorney, stand these are lifetime appointments. Republican Governor and a Democratic it meant he worked with the commu- We want to make sure we get individ- President. nity creating vital programs to reduce uals who have the qualifications, who Judge Russell has strong roots, legal violent crimes. have the temperament, who have the experience, and community involve- As a young attorney, Mr. Russell also integrity, and have the commitment to ment in the State of Maryland. He was served as a law clerk for Judge Robert public service to serve our judiciary. born and raised in Baltimore City and Bell. Judge Bell is the chief judge of I rise today to urge the Senate to has extended family who live in Balti- the Maryland Court of Appeals. I might confirm Judge George Levi Russell III, more. He served as a director and add, Judge Bell enthusiastically en- of Maryland, to be U.S. District Judge trustee of the board of the Enoch Pratt dorses this Nominee. for the District of Maryland. Judge Free Library, which serves the dis- Judge Russell is a man born and Russell was reported by voice vote out advantaged throughout the State of raised in Baltimore. He graduated from of the Judiciary Committee on Feb- Maryland. He served on the board of di- the University of Maryland School of ruary 16. Judge Russell currently sits rectors of the Community Law Center, Law and has spent his entire career in as a trial judge in the Baltimore City which is an organization designed to Maryland. His father, also a judge, was Circuit Court. help neighborhood organizations im- a legal pioneer in Maryland, serving as Judge Russell is an excellent can- prove the quality of life for their resi- the city’s first African-American cir- didate. He received bipartisan support dences. He has also served as a board member cuit judge. from the Judiciary Committee and is This judge, Judge Russell, has public ready to take office upon confirmation on several organizations that devote substantial resources to helping the service in his DNA, both working as a of the Senate. Judge Russell brings a disadvantaged, including the Big U.S. attorney and on the Federal bench wealth of experience to this position in Brothers and Big Sisters of Maryland. I and also in his connection to the every- both State and Federal courts. Earlier know he has often spoken to young day life of people. He has been on the in his career he served as a Federal people in school about the obligations, board of directors of the Enoch Pratt prosecutor and as an attorney in pri- duty, and mandate of a judge, and he Library, Big Brothers and Big Sisters, vate law practice. He now sits as a tries to demystify the role of a judge in and the Community Law Center. He State court trial judge in Maryland. a black robe. has often been recruited to be a moti- Judge Russell graduated from Judge Russell is particularly con- vational speaker, an inspirational Moorehouse College with a B.A. in po- cerned with addressing the drug, vio- speaker, particularly to high school litical science and a J.D. from the lence, and mental health problems that and middle school students to encour- Maryland Law School in 1991. He plague Baltimore City. Judge Russell age them to stay in school and off the passed the Maryland Bar and was ad- comes from a very distinguished family street. He has particularly been enthu- mitted to practice in Maryland in 1991. in the legal profession of Maryland. siastic about mentoring young attor- He then clerked for Chief Judge Robert Judge Russell’s father, George L. Rus- neys and law students. Bell on the Maryland Court of Appeals, sell, Jr., was also a groundbreaking Af- The reason I talk about his civic en- which is our highest State court. He rican-American lawyer in Maryland. gagement is that we want judges who worked as a litigation associate for 2 He was the first African-American do not live in a bubble. It is great to be years at Hazel & Thomas, and then judge on the Maryland Circuit Court in a legal scholar, it is great to know the briefly at Whiteford, Taylor. He then the 1960s and was later Baltimore’s law inside and out, but a great judge served as an assistant U.S. attorney for first African-American Solicitor. knows people. This man, Judge George the District of Maryland from 1994 to He was also the first African-Amer- Russell III, by being out there—wheth- 1999, handling civil cases. In that ca- ican president of the Baltimore City er it is making sure the library is there pacity he represented various Federal Bar Association. In later years, Judge for young people who want to move up; Government agencies in discrimina- Russell was named by the Governor to Big Brothers and Sisters, to keep tion, accident, and medical mal- chair the Maryland Museum of African- young people out of trouble; or work- practice cases. He then worked as an American History and Cultural Com- ing at the Community Law Center—he associate at the Peter Angelos law firm mission and served as chairman of the has involved himself in the gritty as- for 2 years. board of the Maryland African-Amer- pects of Baltimore City. He is a de- In 2002, he went back to the U.S. At- ican Museum Corporation. voted public servant. He comes with a torney’s Office, handling criminal He was also asked to chair Balti- great background. cases until 2007. He represented the more’s Judicial Nominating Commis- He brings together recommendations United States in the criminal prosecu- sion. He has received numerous awards from both the public and private sec- tion of violent crimes and narcotic from the Maryland Bar Foundation and tor. I urge my colleagues to endorse cases during the investigatory stage, at NAACP. the nomination of Judge Russell. I ask trial, and on appeal. This included the His family is deep in public service, their support in voting for him. initiation of monitoring of wiretaps to including his wife who serves as a judge I yield the floor. infiltrate and break up violent gangs in on the District Court of Maryland for The PRESIDING OFFICER. The Sen- Baltimore City. Baltimore City. I am absolutely con- ator from Maryland. He also served as the Project Safe vinced that Judge Russell possesses the Mr. CARDIN. Mr. President, first, I neighborhood coordinator for the office qualifications, temperament, and pas- thank Senator MIKULSKI for her leader- from 2002 until 2005. He participated in sion for justice that will make him an

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 14, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6691 outstanding Federal trial judge. He States District Judge for the Northern consider are considered made and laid will serve the people of Maryland very District of Illinois. upon the table and the President will well in this position. I therefore urge Mr. MCCONNELL. Mr. President, I be immediately notified of the Senate’s my colleagues to vote for the confirma- ask for the yeas and nays. action. tion of Judge Russell to serve as a The PRESIDING OFFICER. Is there a f judge for the U.S. District Court for sufficient second? LEGISLATIVE SESSION the District of Maryland. There is a sufficient second. I suggest the absence of a quorum. The clerk will call the roll. The PRESIDING OFFICER (Mrs. The PRESIDING OFFICER. The The assistant bill clerk called the HAGAN). The Senate will resume legis- clerk will call the roll. roll. lative session. Mr. DURBIN. I announce that the The assistant bill clerk proceeded to The Senator from Ohio. Senator from Pennsylvania (Mr. call the roll. f Mr. REID. I ask unanimous consent CASEY), the Senator from North Caro- AGAN EXPORT-IMPORT BANK REAUTHOR- that the order for the quorum call be lina (Mrs. H ), and the Senator from Florida (Mr. NELSON) are nec- IZATION ACT OF 2012—MOTION TO rescinded. The PRESIDING OFFICER. Without essarily absent. PROCEED—Continued Mr. KYL. The following Senators are objection, it is so ordered. Mr. BROWN of Ohio. Madam Presi- necessarily absent: the Senator from UNANIMOUS CONSENT AGREEMENT—H.R. 2072 dent, I rise to discuss the Export-Im- Missouri (Mr. BLUNT), the Senator from port Bank reauthorization’s impor- Mr. REID. Mr. President, I ask unan- North Carolina (Mr. BURR), the Senator tance to strengthen manufacturing and imous consent that at 11:15 a.m, Tues- from Texas (Mr. CORNYN), the Senator creating jobs in places such as my day, May 15, the motion to proceed to from South Carolina (Mr. DEMINT), the home State of Ohio. Calendar No. 396, H.R. 2072, be adopted; Senator from Illinois (Mr. KIRK), the Ohio is the third leading manufac- that the only first-degree amendments Senator from Kansas (Mr. MORAN), the turing State in the country. Only in order to the bill be Lee No. 2100, Senator from Alaska (Ms. MURKOWSKI), Texas, which has twice our population, Paul No. 2101, Corker No. 2102, Vitter the Senator from Kentucky (Mr. PAUL), and California, which has three times No. 2103, and Toomey No. 2104; that the Senator from South Dakota (Mr. our population, produce more goods there be no amendments in order to THUNE), and the Senator from Mis- any of the amendments prior to the than we do. sissippi (Mr. WICKER). The Export-Import Bank’s mission is votes; that there be no motions or Further, if present and voting, the simple: It facilitates exports and con- points of order in order other then Senator from Texas (Mr. CORNYN) tributes to job creation in the United budget points of order and the applica- would have voted ‘‘yea’’ and the Sen- States. It does this through loans and ble motions to waive; that there be up ator from South Carolina (Mr. DEMINT) guarantees of insurance, filling in gaps to 2 hours of debate to run concur- would have voted ‘‘nay.’’ rently on the amendments and the bill The PRESIDING OFFICER (Mr. in trade financing at no ultimate cost to taxpayers. Yet, despite this record equally divided between the two lead- MERKLEY). Are there any other Sen- ers or their designees prior to votes in ators in the Chamber desiring to vote? of success, exports and jobs are at relation to the amendments in the The result was announced—yeas 86, stake because Congress cannot agree to order listed; that upon disposition of nays 1, as follows: Ex-Im reauthorization, in large part the amendments, the Senate proceed to [Rollcall Vote No. 90 Ex.] because there is a group of people in vote on passage of the bill, as amended, YEAS—86 this body and down the hall in the House of Representatives who simply if amended; that there be 2 minutes Akaka Gillibrand Merkley equally divided prior to each vote, and Alexander Graham Mikulski think the Federal Government should all after the first vote be 10-minute Ayotte Grassley Murray not have a role in much of anything. votes; that the amendments and pas- Barrasso Harkin Nelson (NE) The bank’s lending authority is set Baucus Hatch Portman to expire May 31, 17 days from now. We sage of the bill require 60 votes. Begich Heller Pryor The PRESIDING OFFICER. Without Bennet Hoeven Reed must act. The Export-Import Bank has objection, it is so ordered. Bingaman Hutchison Reid been reauthorized by both Chambers, Mr. REID. Mr. President, we have Blumenthal Inhofe Risch by both parties, decade after decade, Boozman Inouye Roberts pending now a cloture vote. I have spo- Boxer Isakson and we know how important it is for Rockefeller Brown (MA) Johanns job creation, but it has taken too long ken to the Republican leader very re- Rubio Brown (OH) Johnson (SD) cently. We think it would be in the Sanders to get this reauthorization moving. Cantwell Johnson (WI) Schumer best interests of the Senate to do away Cardin Kerry While manufacturers wait, Congress with the cloture vote. Therefore, I ask Carper Klobuchar Sessions has stalled. We cannot wait any longer. Chambliss Kohl Shaheen We know that Ohio workers can com- unanimous consent that the cloture Shelby Coats Kyl pete with anyone in the world when the vote scheduled for this evening be viti- Coburn Landrieu Snowe ated. Cochran Lautenberg Stabenow playing field is level. When we stamp The PRESIDING OFFICER. Without Collins Leahy Tester the ‘‘Made in Ohio’’ label, it is a sign objection, it is so ordered. Conrad Levin Toomey that an item was made with pride by Coons Lieberman Udall (CO) Mr. REID. There should only be one Corker Lugar Udall (NM) some of the finest workers in the rollcall vote tonight because the Mary- Crapo Manchin Vitter United States and some of the finest land judge we expect to be able to Durbin McCain Warner workers in our country. Enzi McCaskill Webb We know that U.S. manufacturing is voice-vote. Feinstein McConnell Whitehouse The PRESIDING OFFICER. All time Franken Menendez Wyden getting stronger due in no small part to increased exports with the help of is expired. NAYS—1 Under the previous order, the ques- the Ex-Im Bank. Ohio has had quicker tion is, Will the Senate advise and con- Lee increases in job growth than other sent to the nomination of George Levi States. Russell III, of Maryland, to be United NOT VOTING—13 We know that the manufacturing sec- States District Judge for the District Blunt Hagan Paul tor nationally has gained back some Burr Kirk Thune number of jobs that it lost. As an ex- of Maryland. Casey Moran Wicker The nomination was confirmed. Cornyn Murkowski ample, from 1965 to 1998 or 1999, this The PRESIDING OFFICER. The DeMint Nelson (FL) country had roughly the same number question is, Will the Senate advise and The nomination was confirmed. of manufacturing jobs. It was a smaller consent to the nomination of John J. The PRESIDING OFFICER. Under percentage of GDP and a smaller per- Tharp, Jr., of Illinois, to be United the previous order, the motions to re- centage of the workforce but a pretty

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6692 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 14, 2012 constant similar number of jobs in 1999 to expand and gain access to foreign ment before the U.S. Supreme Court on as we had in 1965. But in the decade markets but can’t secure private fi- the constitutionality of the provision after 1999, we lost between 3 and 4 mil- nancing due to the credit risk associ- in the affordable care act providing lion manufacturing jobs in this coun- ated with some overseas investments. that individuals should take personal try. Export-supported jobs linked to the responsibility for paying for their Since 2010, almost every single manufacturing sector already account health care by obtaining health insur- month we have seen manufacturing for an estimated 7 percent of our total ance or pay a fine. I have watched a lot jobs increase in Ohio, in the Presiding private sector employment. More than of arguments in the Supreme Court. Officer’s home State of North Carolina, one-fourth of the manufacturing jobs Obviously, as the chairman of the Judi- and in State after State in this coun- in Ohio depend on exports for their ciary Committee I pay close atten- try. That is good, obviously, but too jobs. tion—as do all Members—to what goes many people in my State are still out In 2011 the bank worked with nearly on there. I heard a great deal of instant of work or underemployed. What will 100 Ohio businesses to support more analysis from commentators after the happen to Ohio workers in our growing than $400 million in export sales. To argument, including their predictions manufacturing sector if we fail do what renew the Bank’s charter should be a on how the Court will rule. I didn’t cause that all Senators support just we should be doing here, if we fail to hear much devoted to the role of the like the 25 times that the Senate fund this critical resource? Chief Justice of the United States. unanimously reauthorized the agency Ohio’s manufacturers have been able When I watched the arguments, I saw since its establishment almost 80 years to increase their exports with the as- a Chief Justice that day who I thought ago. It is a matter of American jobs seemed well aware of the significance sistance and the assurance that the Ex- and a matter of global competitive- Im Bank provides. In Fremont, OH, of this decision. Chief Justice Roberts ness. had not been appointed when the Court workers at Crown Battery, an em- Some people who seem to oppose ev- intervened in the Presidential election ployee-owned company, make renew- erything the Federal Government able energy systems. With the help of wants to do because of this philosophy of 2000, but he certainly saw the reac- the Ex-Im Bank’s short-term, that the Federal Government never tion to that decision in Bush v. Gore, a multibuyer insurance policy, about does anything of use—forgetting Medi- 5-to-4 decision that the country viewed $400,000 worth of Crown Battery’s stor- care, Social Security, clean drinking as partisan. In fact, many in the coun- age battery manufacturing equipment water, all that—even though the Sen- try felt that five people on the Su- was exported to South Africa. Middle- ate has reauthorized this program 25 preme Court decided a Presidential town Tube Works in Butler County in times, they are standing in the way election that was actually for the per- southwest Ohio exports tubular steel to and blocking it. son who got less votes than the one Spain and Portugal with less risk be- We faced a trade deficit with China of they said lost. That decision was un- cause of the Ex-Im Bank. Before that almost $300 billion in 2011, meaning precedented. In a shocking admission, support, Nook Industries in Cuyahoga that we imported about $800 million a the Court itself said that it should County required international cus- day more than we exported to China. never be considered precedent or cited tomers to pay cash in advance of every We know that China’s export-import in the future. That decision shook the order, which is an average of 4- to 6- and development banks provide as confidence of the American people in weeks. Now Nook Industries has major much as $100 billion in export credits the Supreme Court and, as Justice Ste- customers in places such as China, each year. That is more than three vens observed at the time, the loser in South Korea, and Israel because of Ex- times as many new export credits as that decision was ‘‘the Nation’s con- Im Bank support. our U.S. Export-Import Bank. fidence in the judge as an impartial Exporting is especially tough for It is time we continue fighting for guardian of the rule of law.’’ That ac- small businesses. Large businesses need and investing in American manufac- tivism undermined the reputation of this less than the small company that turing. It is so important, like we do so the Court as fair and impartial. makes things, that manufactures well in Ohio, that we make things. It But the Chief Justice did participate things. Less than 1 percent of the Na- creates wealth, it creates a strong mid- in the Court’s recent 5-to-4 decision in tion’s nearly 26 million small busi- dle class, and it creates opportunity for Citizens United that divided along ide- nesses export their products. Imagine if our young people. It is time to end the ological lines and continues to engen- we can increase that only a little bit in delay and reauthorize the Export-Im- der a significant backlash. That deci- percentage terms. port Bank. sion was one in which the Supreme One of the most important resources I note the absence of a quorum. Court reached out to decide a matter to help small and medium-sized busi- The PRESIDING OFFICER. The not argued initially and in which it nesses—especially those that make clerk will call the roll. made a broad constitutional ruling The assistant legislative clerk pro- things—boost their exports is the Ex- that reversed nearly 100 years of ceeded to call the roll. Im Bank. That is why the Ohio Manu- progress in the country to control the Mr. BROWN of Ohio. Madam Presi- corrupting influence of money in our facturers Association strongly supports dent, I ask unanimous consent that the its reauthorization. They said: elections and politics. That decision quorum call be rescinded. led directly to the super PACs and The Ex-Im Bank is the only tool that The PRESIDING OFFICER. Without campaign excesses that are now plagu- American manufacturers have to counter the objection, it is so ordered. huge sums of export financing—many hun- ing our Democratic elections, and actu- dreds of millions of dollars—that other coun- f ally plagued this year’s Republican tries and other governments provide their MORNING BUSINESS Presidential primaries. As bad as its ef- exporters. Mr. BROWN of Ohio. Madam Presi- fect is on both Republicans and Demo- Tom Buffenbarger, president of the dent, I ask unanimous consent that the crats and elected offices, I believe it International Association of Machin- Senate proceed to a period of morning has contributed to the further erosion ists, told the Senate Banking Com- business, with Senators permitted to of the public’s confidence in the Su- mittee: speak therein for up to 10 minutes preme Court to be an independent arbi- America’s working families struggle in to- each. ter. day’s difficult economy [and] have little pa- The PRESIDING OFFICER. Without The constitutional challenge to the tience for Beltway politics that continue to objection, it is so ordered. affordable care act is the current in- stall a proven instrument of export growth stance in which narrow ideology and f and job creation. partisanship are pressuring the Su- I hear from the head of the Ohio SUPREME COURT REVIEW preme Court to intervene where it Manufacturers Association and I hear Mr. LEAHY. Madam President, I was should not, to override the law and from small business owners who want fortunate to be able to attend the argu- constitutional legal understandings

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 14, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6693 that have been settled since the Great also significant because of the impact intervenes by way of another 5–4 deci- Depression, and also to overturn the it will have on the American people’s sion driven by ideology to rewrite the actions of the people who are elected to view of the Supreme Court. law. The law is consistent with the un- represent all Americans in both the We all remember when the Chief Jus- derstanding of the Constitution the House and the Senate. I was struck by tice was nominated, and he testified Court and the American people have how little respect some of the Justices that if confirmed, he would act with ju- had for the better part of a century, showed to Congress and of how dicial modesty, he would honor prece- and should be upheld. To do otherwise dismissive they were to the months of dent, and he would acknowledge the would undoubtedly further erode the work that included dozens of hearings, limited role of the judiciary and seek reputation and legitimacy of the Su- or the committee actions and the de- to bring the Court together. When I preme Court. bate of amendments and motions and voted to confirm Chief Justice Roberts The Supreme Court argument gave points of order on the Senate and as Chief Justice of the United States— me reason to hope the Supreme Court House floors before the measure was and many of my Democratic colleagues will do the right thing. The authority enacted, how that was almost sum- voted the other way, and I respect of Congress to enact the Affordable marily dismissed by some. them for that—I said that I was voting Care Act is firmly rooted in what pre- Their actions will not help restore with hope and faith. I credited his tes- vious Congresses enacted and the Su- Americans’ confidence in the Court to timony. I trusted that he would act to preme Court has upheld as constitu- fairly apply the law. According to a re- fulfill his responsibilities in accordance tional over the last century to protect cent poll, half of all Americans expect with the testimony he gave to the Sen- hardworking Americans. Working the justices to decide the challenge to ate. Americans have long been required to the affordable care act mainly based on I said then that if I thought he pay for Social Security and Medicare their ‘‘partisan political views,’’ while ‘‘would easily reject precedent’’ or ‘‘use by the deduction of taxes reflected in only 40 percent expect them to decide his position on the Supreme Court as a their paychecks every month. I said at the case ‘‘on the basis of the law.’’ bulwark for activism,’’ I would not the time that, after all, if they could That has contributed to the histori- have supported his confirmation. I con- overturn the Affordable Care Act, why cally low percentage of Americans, trasted the technical reasoning and un- couldn’t they overturn Social Security fewer than half, that said in a recent just holding of Chief Justice Taney in or Medicare? There would be just as poll that they approve of the Supreme the Dred Scott case with the leadership much reason to overturn those. Court. that Chief Justice Warren provided in The key to the test for constitu- I am not going to be offended if some the unanimous decision in Brown v. tionality under the Commerce Clause of the Justices don’t like us personally Board of Education. I spoke about the is whether the law substantially affects or disagree with the policy judgments need to curtail the current activism of interstate commerce. That is the long- reflected in the law as individuals, as the Supreme Court and for appropriate established constitutional test sup- citizens, or as human beings; they are deference to congressional action ported time and time again by the Su- entitled to their personal views just as taken by the people’s elected rep- preme Court. As a law passed by Con- we are. But as Justices, they are sup- resentatives, which is precisely what gress passed to regulate a market that posed to put those petty personal views should happen in the matter currently makes up one-sixth of the U.S. econ- and feelings aside. They are supposed before the Supreme Court. omy, the Affordable Care Act is well to begin their inquiry by respecting the I was encouraged by the assurances within the limits set by the Supreme will of the people as reflected in the he gave during the confirmation proc- Court’s own precedent on Congress’s work of Congress and to defer to Con- ess that he would respect congressional Commerce Clause power. gress unless the laws we pass violate authority. Well, this case is a funda- The personal responsibility require- the Constitution. However, during the mental test. After all, he relied heavily ment that is the focus of the legal chal- argument, it seemed that the Justices during the hearing on the recent lenge is necessary to ensure that Amer- were second guessing the policy judg- Gonzales v. Raich decision as control- icans who have paid for their health ments that were made during the ex- ling precedent in upholding congres- care by buying health insurance are tended legislative process. That is not sional authority to act under the Com- not stuck with paying the $43 billion in the purpose or proper exercise of judi- merce Clause. He also assured us that health care costs incurred by millions cial review. Acting out based on their despite his previous record of advocacy, of Americans who do not buy health in- personal views in this matter would be as Chief Justice he would not continue surance and then must rely on expen- the height of conservative judicial ac- to urge additional restrictions on sive emergency health care when inevi- tivism. Let me repeat that. Acting out Congress’s Spending Clause powers. tably faced with medical problems. based on their personal views in this I trust that he will be a Chief Justice That is what Congress concluded after matter would be the height of conserv- for all of us and that he has a strong extensive study and debate and what ative judicial activism. institutional sense of the proper role of we included in the text of the law The Chief Justice seemed to under- the judicial branch. It is the Supreme itself. There is no question this act by stand that deference to the elected Court of the United States, not the Su- Congress regulates matters undeniably branch is fundamental to the proper preme Court of the Democratic Party affecting interstate commerce. exercise of judicial review. I was struck or the Republican Party; not the Su- Even though this law easily meets that more than once he commented on preme Court of liberals or conserv- the tests established by the Supreme the extreme arguments coming from atives but the Supreme Court of the Court’s own precedent on the limits of other Justices by noting they were not United States. And the Chief Justice is the Commerce Clause, partisan oppo- being fair. Chief Justice Roberts was the Chief Justice of the United States, nents of President Obama want judges right in that regard. all 320 million of us. The conservative to override these legislative decisions I thought I saw—at least the day I activism of recent years has not been properly made by Congress, the elected watched—a Chief Justice who under- good for the Court. representatives of the American peo- stands the importance of this case to Given the ideological challenge to ple. They want to challenge the wis- all Americans, including those millions the Affordable Care Act and the exten- dom understood by generations of Su- who would otherwise continue without sive, supportive precedent, it would be preme Court justices from the great health care insurance and access to af- extraordinary for the Supreme Court Chief Justice John Marshall in uphold- fordable health care—the kind of not to defer to Congress in this matter ing the constitutionality of the na- health care insurance and access to af- that so clearly affects interstate com- tional bank nearly 200 years ago to fordable health care each one of us in merce. This case should not become an Justice Cardozo in finding Social Secu- this Chamber has and each member of instance in which a conservative, ac- rity constitutional early in the last the Supreme Court has. This case is tivist majority on the Supreme Court century.

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Just as some in this hope those with scientific and engi- blogs or to those who want to bind the country disagreed when Congress neering expertise in this area will re- Constitution enough to be on a bumper passed Social Security, the Court view his proposal and contact him di- sticker slogan, but they have no place agreed that we acted within our au- rectly. It may have promise, and I hope in the Supreme Court’s determination. thority to do so. One may agree or dis- this brings attention to his ideas re- There may come a time when Congress agree with parts of the Affordable Care garding hydroelectric power genera- passes a law that is law at the edge of Act, but the fact is that Congress acted tion. its authority, when the boundary of within its authority. I hope and have f what should be seen as affecting com- faith that the Supreme Court will not TAIWAN’S PRESIDENTIAL merce needs to be more closely consid- overstep the judiciary’s role by sub- INAUGURATION ered. That time may come. I hope it stituting policy preferences for the leg- doesn’t. That time may come, but this islative determinations of Congress. Mr. CHAMBLISS. Madam President, is not the time and this is not the case. f January 14, 2012, marked Taiwan’s fifth direct Presidential election, and on The Affordable Care Act is squarely HYDROPOWER POTENTIAL within longstanding constitutional May 20, President Ma Ying-jeou will be lawmaking to deal with an important Mr. GRASSLEY. Madam President, a sworn in for his second and final term national problem. strong economy needs affordable, abun- as the leader of our friend and ally Tai- For years, we have heard Republican dant, and reliable energy. In recent wan. I would like to congratulate Senators say that they do not want years, Americans have experienced President Ma on his reelection, and I judges making law from the bench. higher prices for energy across the would also like to congratulate Taiwan That is precisely what they are asking spectrum. This has led to an enormous for its commitment to democracy. the Supreme Court to do in this case. growth in private and public research Since the island’s first Presidential Republican opponents lost in Congress. and development of innovative and ad- elections in 1996, the people and Gov- Their opposition and obstruction de- vanced energy technologies. These in- ernment of Taiwan have enthusiasti- layed but did not prevent enactment of novative technologies include fuel from cally embraced democratic values and the Affordable Care Act. Now they algae, solar, and wind generation, bat- ideals. From extremely high rates of want conservative activists on the Su- tery manufacturing, advanced nuclear, voter participation in elections to pub- and many others. preme Court to intervene and turn lic and open political discourse and de- I recently had an opportunity to visit their policy disagreements into law by bate, signs of a vibrant democracy can with Virgil Vanderloo, of Ackley, IA. It be seen throughout Taiwan’s society. reading them into the Constitution. was immediately apparent that Virgil The January elections proved a con- That is wrong. has a passion for new and innovative In his efforts to reach out to Repub- tinuation of Taiwan’s commitment to a ideas regarding hydroelectric power licans, the President adopted a model democratic form of government, and generation. Virgil does not have an en- Republicans proposed in the 1990s so as President Ma’s reelection dem- gineering background he is a retired not to replace private insurance with a onstrates the faith the people of Tai- farmer. For 30 years he farmed land in program of Government insurance like wan have in his leadership. I therefore Hardin, Plymouth, and Woodbury Medicare, but to rely on personal re- close by urging all my colleagues to Counties. It is because of this time as sponsibility to obtain private insur- a farmer that Virgil came to appre- join me in congratulating President Ma ance in the marketplace or pay a tax ciate the land and its rich natural re- on his second inauguration and Tai- penalty. What is telling about the par- sources. Now, he is pursing a concept wan’s people for their embrace of de- tisan nature of these challenges is that to capture the power from our Nation’s mocracy. I look forward to continuing many of those who now claim that this rivers to generate electricity. to work to advance the strong relation- is unconstitutional are the very ones After speaking with Mr. Vanderloo ship between Taiwan and the United who proposed it. Senate Republicans and reviewing the material he com- States and our common goals and in- were in favor of ensuring personal re- piled, he believes that his concept may terests. sponsibility with an individual man- have the potential to increase the pro- f date until President Obama was for it, duction of hydroelectricity and capture TRIBUTE TO MERLE J. SMITH, JR. and now they are against it. Their a renewable energy source that cur- views may have changed, their partisan rently goes uncollected. Mr. Mr. BLUMENTHAL. Madam Presi- interests may have shifted, but the Vanderloo’s concept includes placing dent, today I wish to pay tribute to Constitution has not. barges below dams fitted with water Commander Merle J. Smith, Jr., of Americans are already beginning to turbines to produce electricity. He rea- Mystic, CT, who was honored on April see some of the benefits of the Afford- sons that this type of electricity gen- 1, 2012, during the Coast Guard’s annual able Care Act. Seniors on Medicare who eration could be viable on the 30 or so Eclipse Week, as the first African- have high-cost prescriptions are start- dams along the Mississippi River. If American graduate of the Coast Guard ing to receive help when trapped within viable, this concept could conceivably Academy in 1966. a coverage gap known as the ‘‘donut be implemented on many of the more Founded in 1876 in New London, CT, hole.’’ Since the Affordable Care Act than 50,000 nonpowered dams in the the Coast Guard Academy has made was signed into law, young adults in United States. fundamental progress since its first Af- Vermont and around the country have After all, the U.S. Department of En- rican-American cadet. Over the past gained health insurance coverage by ergy just last month published a study decades, it has diversified its student being able to stay on their parents’ that indicated the United States could body, provided support to underrep- health insurance plans until their 26th get as much as 12 gigawatts of energy resented students, and raised aware- birthdays. Americans are receiving pre- per year by utilizing the hydropower ness about the Coast Guard, its Acad- ventative screening coverage with no potential of existing dams. The idea emy, and military training more gen- deductible or co-pay. The law is mak- proposed by Virgil could be one the in- erally among a wide range of commu- ing possible more and better care while novations in hydropower technologies nities. Commander Smith was honored controlling costs. that could help us use existing dams to this year with the inaugural Merle J. The Affordable Care Act builds on generate renewable energy. Smith Pioneer Award as one of the some of the cornerstones of American I would like to make an appeal to hy- first to realize the ideal of minority economic security built over the last droelectric designers and engineers to participation and for his contributions

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She was recently Newly inscribed names reaffirm the mander Smith served in Vietnam in named as one of Newsweek’s ‘‘150 message that the Nation recalls all 1969, commanding a patrol boat on Women Who Shake the World.’’ More commemorated at this memorial with more than 80 missions and becoming than 30 years ago, Eclipse Week’s goal deep gratitude and appreciation. the first African-American member of was racial inclusivity. Today, this f the maritime service to earn a Bronze yearly event aims to promote diversity Star. While in the Coast Guard, he re- more comprehensively. ADDITIONAL STATEMENTS ceived a law degree from George Wash- Displayed in the historical archive of ington University, and after his mili- the Coast Guard’s Web site, is a photo- graph of Commander Smith on the day RECOGNIZING JOHN T. CYR AND tary tenure, dedicated many years as SONS, INC. an attorney for Groton-based Electric of his graduation, proudly shaking the Boat. Commander Smith also taught at hand of his father, Colonel Merle J. ∑ Ms. COLLINS. Madam President, the Academy as a part-time law teach- Smith, Sr., and smiling at the camera. today I wish to offer my congratula- er and then later as an adjunct pro- This image speaks of generational ad- tions to John T. Cyr and Sons, Inc., on fessor. He is a shining example of the vancement, community, and hope. its 100th anniversary. This outstanding wide range of possibilities offered to However, the weathered sepia of the Maine company demonstrates why Academy graduates—whether they photograph of father and son also re- family businesses are so important to choose to pursue a career in the mili- minds us that we cannot become com- our Nation’s economy and to commu- tary, in a civilian profession, such as placent, stuck in stories of progress nities in every State. The determina- the law, or both—and is a stellar role from previous decades. We must always tion and vision that led to a century of model for cadets past and present. be ready, ‘‘Semper Paratus,’’ for success define America’s entrepre- The Coast Guard and Coast Guard progress. The theme of this year’s neurial spirit. Academy began adopting equal oppor- Eclipse Week—‘‘openness, inclusion, Sometime around 1903, John Thomas tunity policies in earnest when Presi- change’’—is apt and inspiring for the Cyr moved his family from Caribou, dent Kennedy ordered the diversifica- work ahead. ME—my hometown—to Old Town, near tion of the forces defending our coasts. f Bangor, where he found work in a lum- ber mill. Nine years later, in 1912, at Now, each year, the Coast Guard hosts REMEMBERING JOSEPH WILLIAM the age of 51, John T. Cyr struck out on Eclipse Week, a week-long effort to put AUBIN its diversity efforts in the spotlight. his own. Joined by his son, Joseph, Mr. BLUMENTHAL. Madam Presi- Discussions on openness and they started a livery stable and deliv- dent, this past Sunday, the Vietnam inclusivity are facilitated. Minority ery business. Veterans Memorial Fund, VVMF, held alumni are welcomed on campus to What began with horses, buggies, and a dedication ceremony on the National form relationships with current and in- wagons is today a thriving enterprise Mall, commemorating ten courageous coming Academy students as well as of 22 luxury motor coaches, 200 school men whose names recently have been interested high school students. buses, and nearly 250 employees. A In addition to Commander Smith, the carved on the black granite walls of company that got its start hauling the Vietnam Veterans Memorial. Coast Guard honored three other valu- lumber for a local canoe factory now One of them—a brave and beloved able members of their community— serves 17 school districts across Maine airman, Joseph William Aubin—hailed with an exemplary safety record. They partners in the pursuit of equal rep- from Bridgeport, CT. On the morning offer tours throughout the United resentation—during this year’s Eclipse of May 26, 1966, Chief Warrant Officer States and Canada from New York City Week. Frances Neal was awarded this Aubin, an experienced Chief Aviation at Christmas to Washington, D.C., in year’s Humanitarian Award for her leg- Electronic Technician, was asked at cherry blossom season. As a native of acy of lovingly serving food to cadets the last minute to join a mission. He Aroostook County, I know how valu- for 25 years. One of the Academy’s unquestioningly boarded the able their daily intercity service is to most beloved equal opportunity offi- Skywarrior aircraft with his team from cers, JoAnn P. Miller, or ‘‘Mama Mil- NAS Cubi Point in the Philippines to the towns and cities of northern Maine. ler,’’ as she was affectionately called explore critical suspicious activity in Handed down and nurtured through by cadets, was also celebrated. And, Vietnam. On the way, he and his team the generations, this is a true family Vice Admiral Manson K. Brown, a stu- encountered damaging weather condi- business, owned and operated by the dent of Commander Smith’s, was given tions that unexpectedly doomed the en- founder’s grandson, Joe Cyr, joined by this year’s Genesis Award for his serv- gines. In this critical moment, Chief his brother, Pete, son Mike, and daugh- ice as a Pacific Area commander and Warrant Officer Aubin was instructed ter Becky. his work founding the Genesis Club to ‘‘bail out’’ into the South China Sea. Their remarkable story of growth, of while attending the Academy—an orga- Along with three of his team members, meeting challenges, and of delivering nization still in existence that supports he died there. value was expertly told in a recent ar- underrepresented cadets. Since that day in 1966, Chief Warrant ticle in Maine Trails magazine. I would The Coast Guard promotes diversity Officer Aubin and the three other men like to complement that account with not only though Eclipse Week, but also who perished during the mission— my personal observations. by running community-based initia- ATR3 Richard Carl Hunt from Guys Before coming to the Senate, I tives such as the U.S. Coast Guard Of- Mills, PA, LT Walter Allan Linzy from worked at Husson University in Ban- fice of Diversity and its various pro- Nashville, AR, and ATR3 Richard gor, where I had the pleasure of getting grams, including Diversity Champion Dwaine Stocker from Jacksonville, to know Joe Cyr, Class of 1962, and his of the Week, Affinity Groups, and Stra- AR—have been remembered as the wonderful wife, Sue, Class of 1965. Joe tegic Education Partnerships. It also ‘‘Lost Back End Crew.’’ Chief Warrant has been a longtime member of the has an active Office of Inclusion and Officer Aubin’s body was never recov- Husson Board of Trustees, and Sue Diversity, headed by Chief Diversity ered, but he is no less deserving to be been a volunteer supporter of uncom- Officer, Antonio Farias, that facilitates memorialized. Now, the entire Nation mon energy. Joe and Sue’s generosity partnerships between high school and can visit the site of the Vietnam Me- to Husson includes significant gifts to college students, as well as cadets, so morial to honor him and his ultimate athletic programs, a new home for the that citizens of all backgrounds can see sacrifice. university president, the annual fund, what it means to work towards a ca- Chief Warrant Officer Aubin will and most recently, the new Cyr Alumni reer in the Coast Guard and in the U.S. never be forgotten. Names carved into Center. The countless ways they

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6696 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 14, 2012 serve—from the Boys Scouts and the Y tory. Through the years many family mem- two male patriarchs died—John in May and to St. Joseph Hospital—touch people of bers have left their mark on the business. Joseph in August. There were also two dev- all ages. Four of John’s five sons—Joseph, Albert, Ar- astating fires at the company’s headquarters People throughout Maine are fortu- thur and Harvey—all worked for the com- on French Island. The first was in the early pany in its infancy (Clibby, a ffth son who 1950s and the company garage and its full nate to have such a family as the Cyrs, worked in the woolen mill, eventually be- fleet of eight buses were destroyed. The sec- but I am especially lucky—my summer came an Old Town firefighter). Albert, 19 and ond fire hit in 1970, destroying the company camp on Cold Stream Pond is just a weaver at the Old Town Woolen Mill in garage, an apartment over the garage and down the road from theirs. As much as 1912, was a silent partner for many years, one bus. In both cases, the family and em- I cherish our time together, having coming on board full-time as the business ployees came together to get buses back on dinner, playing cards, and enjoying the continued to grow through the 1920s. Arthur the road quickly. beautiful Maine summer evenings, I and Harvey, young children when their fa- There were good times, as well. Nineteen ther and brothers founded the company, cherish even more being in the pres- hundred and twenty-two was an important grew up in the business and eventually landmark. That was when John and Joseph ence of those who give so much to oth- joined their brother Albert in running the Cyr helped usher in the era of the auto- ers and who see the act of giving as the company in the 1930s and 40s after their fa- mobile. They bought the company’s first mo- greatest reward. I am delighted to ex- ther and brother died unexpectedly in 1934. torcars—Studebakers—to transport Old tend my congratulations to the Cyr Harvey bought out his brothers in 1951. Town children to school. Four years later, family in their business’s centennial Today, the company is run by Harvey’s son, after housing the company fleet at several year and to thank them for their con- Joe Cyr. His brother, Pete, works in the different locations in Old Town, Cyr consoli- company’s body shop. Joe’s son, Mike, over- dated its operations at a single location on tributions to the State of Maine. sees the company’s coach division and man- I ask that the Maine Trails article be French Island. The area was growing, and by ages information technology—everything the early 1930s, cars were no longer large printed in the RECORD. from the company’s two-way radio system to enough to transport all the students trav- The article follows. its computer hardware and software. Daugh- eling to Old Town schools from Stillwater [From the Maine Trails, Feb./Mar. 2012] ter Becky Whitmore is the bookkeeper. Help- and Gillman Falls. So the city asked Cyr to ing them these days, is general manager DRIVING THROUGH HISTORY buy a bus. Rick Soules, who the Cyrs hired not quite (By Kathryn Buxton) Cyr also had a taxi service, begun soon two years ago. Bringing Rick in was a neces- after the company’s founding, as well as FROM HORSE DRAWN WAGONS TO MODERN sity as the company has grown and diversi- freight hauling and storage services. By the COACHES AND SCHOOL BUSES, CYR BUS LINE fied, and as Joe, now 71, has begun to scale late 1930s, brothers Albert, Arthur and Har- TRAVELS THROUGH HISTORY INTO AN ELITE back the time he spends at the office. vey were also operating a regular bus service CLUB OF 100-YEAR-OLD MAINE BUSINESSES Working with family has always been one connecting Old Town, Great Works, Milford of the great joys of the business, according It’s midday at Cyr Bus Line, and about a and Bradley, with special runs to locations to family patriarch and company president, dozen drivers in black company jackets are including Trenton and Green Lake. By the Joe Cyr, with the business officially for near- gathered, waiting for the next wave of activ- mid 1940s, the company’s regular motor ly 50 years. ity to begin. That’s when the company’s coach routes had expanded to include Old fleet of school buses head out to pick up stu- Joe drove trucks for H.E. Sargent and worked as a surveyor for James W. Sewall Town, Eddington, North Brewer and Bangor. dents for the trip home from Old Town’s high The company also operated a limousine school, middle school and three elementary during the summers before coming to work at Cyr with his dad. His memories of work- service, and during the war transported Ger- schools. A fresh layer of snow covers the man prisoners of war for the U.S. Govern- ground outside, and everyone is alert and ing alongside family go even further back— to being with his dad in the office when he ment to detention camps in the rural reaches ready to get to work. Outside, a coach bus of the state. In the late 1950s and early 60s, pulls in to the lot, returning from its daily was six or seven, driving a company truck when he was 11 and washing buses as a kid. Harvey, now head of the company, expanded run to Aroostook County. The bus will be its stake in the school bus business. By 1962, washed down and ready for its 6 p.m. depar- At 15, he was driving buses for the family concern. He also found time to get his degree Joe had joined his father, Harvey, in the ture from downtown Bangor. business full-time, and John T. Cyr & Sons It is a scene that has played out countless from Old Town High School and a year of study at University of Maine at Farmington boasted a fleet of 12 buses, several cars and times over the past 100 years since John T. two dump trucks at its headquarters on Cyr and his son Joseph founded the company and another year and a half at Husson Col- lege. He left school and joined the company French Island. on South Water Street in 1912. Previous to full-time in 1962 when a cousin who had been In 1976, Joe purchased the fleet of that, John had been working for the Jordan the company bookkeeper died. For a while, Pinecrest Bus Service, the company that had Lumber Company in Old Town. Joseph had Joe was not only the bookkeeper, he served been providing school bus service to the city been working for the Old Town Woolen Mill. as the company mechanic, secretary and of Brewer (two years later, Cyr bought They applied for a trucking license and were payroll clerk. In just a few years, Joe was Pinecrest’s lot and garage). Then, Cyr bid for approved by the Old Town city council on running the company, and after his father the contract to serve the Bangor school sys- May 21, 1912. John and Joseph had two horses Harvey died in 1967, he bought the business tem in 1978. They won the business. The and the company’s frst jobs were hauling from his mother for $25,000. ramifcations were enormous for the small lumber for Old Town Canoe. The Cyrs also Looking back, Joe said he has never re- family-run firm. It required purchasing more operated a livery stable at the family home- gretted the decision to spend his professional than two dozen new school buses at a cost of stead on French Island (also known as Treat- life at the helm of the family firm and he al- about $17,000 each. It was one of the few Webster Island), and for many years, the Cyr ways has considered himself honored to work times since Joe had taken the helm they had stable was the go-to place if you needed a alongside his father, son, daughter, brother to borrow money, but it was, Mike recalled, horse and buggy to visit friends or family. and cousins. ‘‘Frankly, I feel pretty darn a calculated risk his dad felt he had to take. The company’s wagons and carriages also de- lucky,’’ said Cyr talking from his winter ‘‘He figured if he didn’t do it, one of the big livered mail and served as hearses, trans- home in Daytona Beach Shores, Florida guys would come in and take the business,’’ porting local citizens to their fnal resting where there is a small community of Old said Mike. That year, there was a 60-cent- place. Town snowbirds. Joe started heading south per-gallon run up in fuel costs which caused FATHERS AND SONS in the winter 10 years ago, but he still main- several anxious hours for the Cyrs. At the John T. Cyr & Sons, Inc./Cyr Bus Line cele- tains close contact with Mike, Rick Soules— time, fuel for buses was purchased by the bus brates its 100th anniversary this year, put- Cyr’s general manager—and others via phone company. Now, it is common for school sys- ting it in an elite group of Maine companies and e-mail several times a day. And he reels tems to purchase their own fuel, and Joe Cyr that have been in business for a century or off facts about the business in quickfire fash- said that adds more stability to contracts. more. Old Town Canoe, located nearby in Old ion. How many vehicles in the company Still, it all worked out well. ‘‘I still hate to Town is one. Another is the famous outdoor fleet? ‘‘250.’’ How many coaches? ‘‘22.’’ How borrow money, though,’’ admitted Joe re- retailer L.L. Bean, which as Mike Cyr is many square feet at the company’s head- cently. quick to point out, is also celebrating its quarters? Perhaps the biggest milestone came when 100th anniversary this year. ‘‘We’ve got about 20,000 under cover there,’’ the city was in the midst of a two-decade ef- ‘‘Cyr Bus is a fxture here,’’ said Mike Cyr, said Cye, stopping only to calculate the fort to redevelop French Island that had, one of a fourth generation of Cyrs to work in many expansions they have made at the 10- over the years, become increasingly over- the family business. ‘‘A lot of people figured acre site since 1980. crowded. As a result, Cyr moved its head- we had already been here for 100 years.’’ MILESTONES AND CHALLENGES quarters across the river to its current loca- For the Cyrs, a century of company history The company has lived through good times tion at 153 Gilman Falls Avenue in Old Town is inextricably meshed with the family his- and bad. There was 1934 when the family’s in 1980. Long-time local residents can still

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 14, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6697 remember the day in late October when the day as a National Association of Police Members of our military serve the company’s fleet of buses made their way Organizations TOP COP. The TOP United States to preserve and protect across the bridge from the island to Cyr’s COPS awards pay tribute to law en- our freedom, and for that I am forever new home on Gilman Falls Avenue. forcement officers for actions above Over the years, the Cyrs have also been ac- grateful. They dedicate their lives to tive in the community. The business has and beyond the call of duty. serving this great nation and con- been a long-time member of the MBTA The National Association of Police stantly make sacrifices to ensure the where Joe has served as a board member. Joe Organizations states: safety of our country. Generations of was for several years president of the Bangor Officer Lorin Johnston has lived one of a Americans enjoy greater peace and se- Chamber of Commerce during the 1980s and cop’s worst nightmares. On a bright spring curity because of the tireless efforts of has sat on several boards, including St. Jo- morning last April, Officer Johnston, along these brave men and women. with three other officers, investigated a si- seph’s Hospital and Merrill Merchant Bank. The Nevada Military Support Alli- The family was a major contributor to the lent alarm at a pawn shop, indicating that Cyr Family Field House at the Old Town- an armed robbery was in progress. As soon as ance provides comfort and care, both Orono YMCA completed in 2001. they arrived, they were spotted by the sus- personal and financial, to the families CLOSE AT HAND pect, who engaged them in a frantic gun bat- and survivors of Nevada’s fallen and re- tle. During the gunfight, Johnston was In 1984, Cyr took over the Aroostook Coun- turning patriots. When a soldier does struck by a bullet in the middle of the back, ty route, operated by Bangor & Aroostook come home from a war zone, returning despite his vest. to civilian life is not an easy task. Railroad (B & A) since 1957 when the railroad As the perp tried to flee out a side door, had ceased service to The County. The same Sgt. Tim Chapin, Johnston’s close personal Both the soldier and their families ex- day B & A shuttered its service, Cyr bought friend, was waiting in his patrol car. The perience an incredible amount of stress the firm’s coach bus and hired its driver. suspect took aim at the car, shooting during this transition. This is where Passengers didn’t miss a day of service. straight through the windshield. Sgt. Chapin the Nevada Military Support Alliance Today Cyr continues to run the daily trans- hit the gas and knocked the suspect down, steps in. They offer unprecedented lev- portation lifeline to the county, connecting causing him to drop the .45-caliber Glock he Bangor, Caribou, Fort Kent, Houlton, els of assistance for Nevada military was carrying along with a loaded clip of am- members and their families for the rar- Howland, Limestone, Oakfield, Orono, munition. Madawaska, Mars Hill, Medway, Presque Assuming he had disarmed the robber, Sgt. ities of challenges they face on a day- Isle, Sherman and Van Buren. (The service, Chapin jumped out of the car and gave chase. to-day basis. considered an essential transportation link, Then, without warning, the suspect pulled We can never do enough for our na- receives an operating subsidy from out a second gun, turned and fired. His bullet tion’s veterans, but with the help of MaineDOT.) A Cyr bus departs Bangor every struck Chapin squarely in the face, killing the Nevada Military Support Alliance, afternoon and makes the return trip from him instantly. Just then Officer Johnston we can ensure that more assistance is Presque Isle every morning. came on the scene as the cop-killer was run- provided. Their continued dedication In 1990, the company purchased North-star ning around the corner, where he was pur- Tours and began offering charter tours sued, and ultimately taken down by two to our active military, veterans, and throughout the country and to Canada as other brave officers. Johnston knelt protec- their families is unparalleled and Cyr Northstar Tours. In 2003, Cyr purchased tively over his friend, shielding him until stands as an example for us all. Maine Line Tours & Charters, a South Port- help arrived. Not until he received medical As the Nevada Military Support Alli- land-based division of Peter Pan Bus Lines. treatment did Officer Johnston realize he ance celebrates their Second Annual The move made John T. Cyr Maine’s largest had taken a second bullet to the leg. John- Gala this weekend, I want to thank charter operation, and in 2004, the company ston’s courage and loyalty, despite his own them for everything they have given to was honored as Metro magazine’s tour oper- injuries, make him a living testament to the ator of the year. Nonetheless, the long hours outstanding qualities found only in Amer- Nevada’s men and women in uniform and splitting energies between operations in ica’s TOP COPS. and for ensuring that support is pro- Old Town and Southern Maine took its toll. Lorin Johnston’s acts of selflessness vided for these heroes. We owe our vet- The Cyrs sold the South Portland charter op- and heroism in the line of duty exem- erans and their families a great deal of eration in 2007. plify the meaning of true public serv- gratitude for their personal sacrifices. ‘‘It was profitable,’’ remembered Mike of On behalf of everyone who enjoys the the decision to sell. ‘‘But we just weren’t ice. As a former mayor of Chattanooga, I am particularly proud and grateful freedoms that are unique to our great comfortable being in two places at one ∑ time.’’ Today the company operations have for the bravery and dedication of offi- nation, thank you. become increasingly complex, with three di- cers like Lorin Johnston who enter f visions and increasing federal regulations re- into harm’s way in order to keep us garding hours of service for the company’s safe. MESSAGES FROM THE PRESIDENT long-distance drivers and expanded environ- As we honor Officer Johnston, we Messages from the President of the mental requirements on buses. At the same also remember Sergeant Tim Chapin, a United States were communicated to time, this year, the Cyrs estimate, their 26-year veteran of the Chattanooga Po- buses will log more than 3 million miles. the Senate by Mr. Pate, one of his sec- Mike describes the Cyr philosophy as one lice Department, for paying the ulti- retaries. mate sacrifice. that has grown from his dad’s unique com- f bination of conservative fiscal approach, a I am proud to join my fellow Ten- hands-on understanding of the business and a nesseans in congratulating Officer EXECUTIVE MESSAGES REFERRED Johnston on this well-deserved honor willingness to step up when someone pre- As in executive session the Presiding sents a challenge. Much of their business—in and in remembering law enforcement Officer laid before the Senate messages both the school bus and tour charter divi- officers across the country who go from the President of the United sions—comes to them through word-of- above and beyond the call of duty to States submitting sundry nominations mouth. ‘‘My dad hardly ever says ‘no,’ ’’ said keep our communities safe.∑ Mike. ‘‘Someone asks us to do something, which were referred to the appropriate and we figure out how to get it done.’’ f committees. ‘‘We could have grown a lot more,’’ said RECOGNIZING THE NEVADA (The nominations received today are Joe. ‘‘Instead we take what comes and do the MILITARY SUPPORT ALLIANCE printed at the end of the Senate pro- best job we can. We’re not trying to be the ceedings.) biggest.’’∑ ∑ Mr. HELLER. Madam President, f today I wish to recognize an organiza- f tion from my home State of Nevada TRIBUTE TO LORIN JOHNSTON whose continuous support of military MESSAGE FROM THE HOUSE ∑ Mr. CORKER. Madam President, I service men and women and their fami- At 2:03 p.m., a message from the rise today to recognize Master Police lies is truly inspiring. Their unwaver- House of Representatives, delivered by Officer Lorin Johnston of the Chat- ing commitment to military families Mr. Novotny, one of its reading clerks, tanooga Police Department who was across the Silver State is unmatched announced that the House has passed one of ten law enforcement officers and demonstrates their passion for the following bills, in which it requests honored at the White House on Satur- those in need. the concurrence of the Senate:

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6698 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 14, 2012 H.R. 5326. An act making appropriations SUBMISSION OF CONCURRENT AND bacco products, and to protect jobs and for the Departments of Commerce and Jus- SENATE RESOLUTIONS small businesses involved in the sale, tice, Science, and Related Agencies for the The following concurrent resolutions manufacturing and distribution of tra- fiscal year ending September 30, 2013, and for ditional and premium cigars. other purposes. and Senate resolutions were read, and H.R. 5652. An act to provide for reconcili- referred (or acted upon), as indicated: S. 1577 ation pursuant to section 201 of the concur- By Mr. BEGICH (for himself and Ms. At the request of Mr. BAUCUS, the rent resolution on the budget for fiscal year MURKOWSKI): names of the Senator from Idaho (Mr. 2013. S. Res. 459. A resolution commending the RISCH) and the Senator from North ENROLLED BILL SIGNED 1st Stryker Brigade Combat Team, 25th In- Carolina (Mrs. HAGAN) were added as The President pro tempore (Mr. fantry Division upon its completion of a de- cosponsors of S. 1577, a bill to amend INOUYE) reported that he had signed ployment to Afghanistan in support of Oper- the Internal Revenue Code of 1986 to in- the following enrolled bill, which was ation Enduring Freedom; to the Committee on Armed Services. crease and make permanent the alter- previously signed by the Speaker of the native simplified research credit, and House: f for other purposes. H.R. 2668. An act to designate the station ADDITIONAL COSPONSORS S. 1591 of the United States Border Patrol located at S. 351 At the request of Mrs. GILLIBRAND, 2136 South Naco Highway in Bisbee, Arizona, the names of the Senator from Ne- as the ‘‘Brian A. Terry Border Patrol Sta- At the request of Ms. MURKOWSKI, the tion’’. name of the Senator from Wyoming braska (Mr. NELSON), the Senator from (Mr. ENZI) was added as a cosponsor of Wisconsin (Mr. KOHL) and the Senator f S. 351, a bill to authorize the explo- from Hawaii (Mr. INOUYE) were added MEASURES PLACED ON THE ration, leasing, development, and pro- as cosponsors of S. 1591, a bill to award CALENDAR duction of oil and gas in and from the a Congressional Gold Medal to Raoul The following bill was read the first western portion of the Coastal Plain of Wallenberg, in recognition of his and second times by unanimous con- the State of Alaska without surface oc- achievements and heroic actions dur- sent, and placed on the calendar: cupancy, and for other purposes. ing the Holocaust. H.R. 5326. An act making appropriations S. 368 S. 1647 for the Departments of Commerce and Jus- At the request of Mr. KOHL, the name At the request of Mr. CRAPO, the tice, Science, and Related Agencies for the of the Senator from Ohio (Mr. BROWN) name of the Senator from Florida (Mr. fiscal year ending September 30, 2013, and for was added as a cosponsor of S. 368, a RUBIO) was added as a cosponsor of S. other purposes. bill to amend the Consolidated Farm 1647, a bill to repeal the sunset on the f and Rural Development Act to suspend reduction of capital gains rates for in- MEASURES READ THE FIRST TIME a limitation on the period for which dividuals and on the taxation of divi- dends of individuals at capital gain The following bill was read the first certain borrowers are eligible for guar- rates. time: anteed assistance. S. 957 S. 1872 H.R. 5652. An act to provide for reconcili- ation pursuant to section 201 of the concur- At the request of Mr. BOOZMAN, the At the request of Mr. CASEY, the rent resolution on the budget for fiscal year name of the Senator from Nevada (Mr. names of the Senator from New York 2013. HELLER) was added as a cosponsor of S. (Mr. SCHUMER) and the Senator from f 957, a bill to amend title 38, United Rhode Island (Mr. REED) were added as States Code, to improve the provision cosponsors of S. 1872, a bill to amend INTRODUCTION OF BILLS AND of rehabilitative services for veterans the Internal Revenue Code of 1986 to JOINT RESOLUTIONS with traumatic brain injury, and for provide for the tax treatment of ABLE The following bills and joint resolu- other purposes. accounts established under State pro- tions were introduced, read the first S. 960 grams for the care of family members and second times by unanimous con- At the request of Mr. KERRY, the with disabilities, and for other pur- sent, and referred as indicated: name of the Senator from Massachu- poses. By Mrs. FEINSTEIN (for herself, Mr. setts (Mr. BROWN) was added as a co- S. 1882 KYL, Mrs. HUTCHISON, and Mr. LAU- sponsor of S. 960, a bill to provide for a At the request of Mr. BINGAMAN, the TENBERG): study on issues relating to access to in- names of the Senator from South Da- S. 3173. A bill to allow funds under title II of the Elementary and Secondary Education travenous immune globulin (IVG) for kota (Mr. JOHNSON) and the Senator Act of 1965 to be used to provide training to Medicare beneficiaries in all care set- from New Hampshire (Mrs. SHAHEEN) school personnel regarding how to recognize tings and a demonstration project to were added as cosponsors of S. 1882, a child sexual abuse; to the Committee on examine the benefits of providing cov- bill to amend the Federal Food, Drug, Health, Education, Labor, and Pensions. erage and payment for items and serv- and Cosmetic Act to ensure that valid By Mr. KERRY: ices necessary to administer IVG in the generic drugs may enter the market. S. 3174. A bill to amend the Small Business home. S. 1993 Act to direct the Administrator of the Small Business Administration to establish a voca- S. 1299 At the request of Mr. NELSON of Flor- tional and technical entrepreneurship devel- At the request of Mr. MORAN, the ida, the name of the Senator from Con- opment program; to the Committee on Small name of the Senator from California necticut (Mr. BLUMENTHAL) was added Business and Entrepreneurship. (Mrs. BOXER) was added as a cosponsor as a cosponsor of S. 1993, a bill to post- By Mr. AKAKA: of S. 1299, a bill to require the Sec- humously award a Congressional Gold S. 3175. A bill to amend subchapter III of retary of the Treasury to mint coins in Medal to Lena Horne in recognition of chapter 84 of title 5, United States Code, to commemoration of the centennial of her achievements and contributions to authorize certain employees to be automati- cally enrolled to increase contributions to the establishment of Lions Clubs Inter- American culture and the civil rights Thrift Savings Plan accounts; to the Com- national. movement. mittee on Homeland Security and Govern- S. 1461 S. 2010 mental Affairs. At the request of Mr. NELSON of Flor- At the request of Mr. KERRY, the By Mr. WEBB (for himself and Mr. ida, the name of the Senator from name of the Senator from Alaska (Ms. LEE): Oklahoma (Mr. INHOFE) was added as a MURKOWSKI) was added as a cosponsor S. 3176. A bill to provide that the President must seek congressional approval before en- cosponsor of S. 1461, a bill to amend the of S. 2010, a bill to amend title II of the gaging members of the United States Armed Federal Food, Drug, and Cosmetic Act Social Security Act to repeal the Gov- Forces in military humanitarian operations; to clarify the Food and Drug Adminis- ernment pension offset and windfall to the Committee on Foreign Relations. tration’s jurisdiction over certain to- elimination provisions.

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 14, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6699 S. 2046 certain actions to reduce excessive to provide training to school personnel At the request of Ms. MIKULSKI, the speculation in energy markets. regarding how to recognize child sexual name of the Senator from New Hamp- S. 2246 abuse; to the Committee on Health, shire (Mrs. SHAHEEN) was added as a co- At the request of Mr. BOOZMAN, the Education, Labor, and Pensions. sponsor of S. 2046, a bill to amend the name of the Senator from New York Mrs. FEINSTEIN. Mr. President, I Immigration and Nationality Act to (Mrs. GILLIBRAND) was added as a co- rise today on behalf of myself and Sen- modify the requirements of the visa sponsor of S. 2246, a bill to direct the ator HUTCHISON, to introduce bipar- waiver program and for other purposes. Secretary of Labor to provide off-base tisan legislation that would expand No S. 2066 transition training, and for other pur- Child Left Behind professional develop- At the request of Ms. MURKOWSKI, the poses. ment funding to include training for name of the Senator from Wyoming S. 2325 teachers and school personnel on how (Mr. ENZI) was added as a cosponsor of At the request of Mr. NELSON of Flor- to recognize signs of sexual abuse in S. 2066, a bill to recognize the heritage ida, the name of the Senator from students. of recreational fishing, hunting, and Maine (Ms. COLLINS) was added as a co- According to the National Child shooting on Federal public land and en- sponsor of S. 2325, a bill to authorize Abuse and Neglect Data System, 695,000 sure continued opportunities for those further assistance to Israel for the Iron children were victims of maltreatment activities. Dome anti-missile defense system. in 2010. Approximately 9.2 percent, or S. 2103 63,940 children, were victims of sexual S. 2344 At the request of Mr. LEE, the name abuse; this is an increase from 7.6 per- At the request of Mr. VITTER, the of the Senator from North Dakota (Mr. cent in 2009. name of the Senator from South Da- HOEVEN) was added as a cosponsor of S. Recent events have shown that warn- kota (Mr. JOHNSON) was added as a co- 2103, a bill to amend title 18, United sponsor of S. 2344, a bill to extend the ing signs of sexual abuse in children States Code, to protect pain-capable National Flood Insurance Program are being missed. The vast majority of unborn children in the District of Co- until December 31, 2012. States mandate that teachers report lumbia, and for other purposes. suspicions of child abuse, yet not all S. 2367 S. 2146 States require teachers to participate At the request of Mr. JOHANNS, his At the request of Mr. BINGAMAN, the in training. name was added as a cosponsor of S. name of the Senator from Oregon (Mr. According to the National Child 2367, a bill to strike the word ‘‘lunatic’’ MERKLEY) was added as a cosponsor of Abuse and Neglect Data System, 60 from Federal law, and for other pur- S. 2146, a bill to amend the Public Util- percent of all reports of child abuse and poses. ity Regulatory Policies Act of 1978 to neglect are made by professionals, yet create a market-oriented standard for S. 3079 only 16 percent of abuse and neglect is clean electric energy generation, and At the request of Mr. PAUL, the name reported by education personnel. for other purposes. of the Senator from Oklahoma (Mr. Given the amount of time teachers S. 2165 COBURN) was added as a cosponsor of S. and school personnel spend with chil- At the request of Mr. JOHANNS, his 3079, a bill to make participation in the dren, it is of absolute importance that name was added as a cosponsor of S. American Community Survey vol- the warning signs of child sexual abuse 2165, a bill to enhance strategic co- untary, except with respect to certain be identified, reported, and acted on. It operation between the United States basic questions, and for other purposes. is critical to make sure all school per- and Israel, and for other purposes. S.J. RES. 39 sonnel have access to training on how At the request of Mrs. BOXER, the At the request of Mr. CARDIN, the to recognize child sexual abuse. names of the Senator from Hawaii (Mr. name of the Senator from Michigan The Helping Schools Protect Our INOUYE), the Senator from Mississippi (Ms. STABENOW) was added as a cospon- Children Act of 2012 expands the list of (Mr. WICKER), the Senator from Hawaii sor of S.J. Res. 39, a joint resolution re- allowable uses for Elementary and Sec- (Mr. AKAKA), the Senator from Okla- moving the deadline for the ratifica- ondary Education Act, ESEA, Title II homa (Mr. INHOFE) and the Senator tion of the equal rights amendment. funding to permit States to use this from Delaware (Mr. CARPER) were S. RES. 380 funding to train teachers, principals, added as cosponsors of S. 2165, supra. At the request of Mr. GRAHAM, the and other school personnel on how to S. 2179 name of the Senator from Alaska (Ms. recognize child sexual abuse. Under At the request of Mr. WEBB, the name MURKOWSKI) was added as a cosponsor current law, Title II provides grants to of the Senator from Rhode Island (Mr. of S. Res. 380, a resolution to express States for a variety of purposes related REED) was added as a cosponsor of S. the sense of the Senate regarding the to recruitment, retention, and profes- 2179, a bill to amend title 38, United importance of preventing the Govern- sional development of K–12 teachers States Code, to improve oversight of ment of Iran from acquiring nuclear and principals. Our bill would allow educational assistance provided under weapons capability. professional development funds in laws administered by the Secretary of S. RES. 401 schools to be used to provide teachers Veterans Affairs and the Secretary of At the request of Mr. WHITEHOUSE, with the tools to recognize child sexual Defense, and for other purposes. the name of the Senator from Oregon abuse. S. 2205 (Mr. WYDEN) was added as a cosponsor I am proud that Senator KAY BAILEY At the request of Mr. MORAN, the of S. Res. 401, a resolution expressing HUTCHISON, Senate Minority Whip JON names of the Senator from Georgia appreciation for Foreign Service and KYL, and my colleague Senator FRANK (Mr. CHAMBLISS) and the Senator from Civil Service professionals who rep- LAUTENBERG have joined me as original Utah (Mr. HATCH) were added as co- resent the United States around the cosponsors on this bill. sponsors of S. 2205, a bill to prohibit globe. It is essential that as mandated re- funding to negotiate a United Nations f porters, school personnel should have Arms Trade Treaty that restricts the the proper training to recognize child Second Amendment rights of United STATEMENTS ON INTRODUCED abuse. When there are no witnesses, States citizens. BILLS AND JOINT RESOLUTIONS what happens behind closed doors in an S. 2222 By Mrs. FEINSTEIN (for herself, abusive home can scar a child for a At the request of Mr. SANDERS, the Mr. KYL, Mrs. HUTCHISON, and lifetime. The more we learn to recog- name of the Senator from Oregon (Mr. Mr. LAUTENBERG): nize the signs of abuse or neglect, the MERKLEY) was added as a cosponsor of S. 3173. A bill to allow funds under better we will foster a safe environ- S. 2222, a bill to require the Commodity title II of the Elementary and Sec- ment for young people to learn and Futures Trading Commission to take ondary Education Act of 1965 to be used grow.

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6700 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 14, 2012 Mr. President, I ask unanimous con- cation programs. Entrepreneurs who Congress endorsed pairing automatic sent that the text of the bill be printed have access to business education pro- enrollment with automatic escalation, in the RECORD. grams are more likely to succeed, by incentivizing companies to auto- There being no objection, the text of which often translates to jobs not only matically enroll employees in 401(k) the bill was ordered to be printed in for them but for their communities as plans at no less than a 3 percent sav- the RECORD, as follows: well. Small businesses are the engine ings rate, and automatically escalate S. 3173 of our economy and the ingenuity of that rate by at least 1 percent for at Be it enacted by the Senate and House of Rep- young American entrepreneurs will least 3 years. resentatives of the United States of America in continue to help drive our economic This act is informed by rigorous Congress assembled, growth in the future. It is critical that oversight I have conducted as Chair- SECTION 1. SHORT TITLE. we do everything possible to support man of the Subcommittee on Oversight This Act may be cited as the ‘‘Helping our young entrepreneurs and harness of Government Management, the Fed- Schools Protect Our Children Act of 2012’’. their great ideas today that will turn eral Workforce, and the District of Co- SEC. 2. TRAINING TEACHERS TO RECOGNIZE into jobs tomorrow. I ask my col- lumbia. For example, at a recent Sub- CHILD SEXUAL ABUSE. leagues to support job growth and the committee hearing, Dr. Brigitte (a) STATE ACTIVITIES.—Section 2113(c) of Madrian, a Harvard Kennedy School the Elementary and Secondary Education entrepreneurs who are the future of our Act of 1965 (20 U.S.C. 6613(c)) is amended by economy by supporting this legisla- professor and leading expert on em- adding at the end the following: tion. ployer-sponsored retirement savings ‘‘(19) Providing training for all school per- plans, stated, ‘‘the evidence from the sonnel, including teachers, principals, and By Mr. AKAKA: private sector is that automatic esca- pupil services personnel, regarding how to S. 3175. A bill to amend subchapter lation is, in fact, extremely effective at recognize child sexual abuse.’’. III of chapter 84 of title 5, United increasing employee savings rates. And (b) LOCAL EDUCATIONAL AGENCY ACTIVI- States Code, to authorize certain em- you asked specifically is this [auto- TIES.—Section 2123(a) of the Elementary and ployees to be automatically enrolled to matic escalation] something that Secondary Education Act of 1965 (20 U.S.C. increase contributions to Thrift Sav- 6623(a)) is amended by inserting after para- should be considered for the Thrift graph (8) the following: ings Plan accounts; to the Committee Savings Plan, and I would say abso- ‘‘(9) Providing training for all school per- on Homeland Security and Govern- lutely.’’ sonnel, including teachers, principals, and mental Affairs. To preempt any possible misconcep- pupil services personnel, regarding how to Mr. AKAKA. Mr. President, I rise tions or misunderstandings that may recognize child sexual abuse.’’. today to introduce the Save More To- arise regarding this act, I want to be (c) ELIGIBLE PARTNERSHIP ACTIVITIES.— morrow Act of 2012. This act seeks to clear from the outset about which em- Subpart III of part A of title II of the Ele- make a modest, commonsense modi- ployees the Save More Tomorrow Act mentary and Secondary Education Act of fication to the Thrift Savings Plan, or applies to, and the voluntary nature of 1965 (20 U.S.C. 6631 et seq.) is amended— TSP, which is the tax-deferred, defined (1) in section 2132(a), by striking ‘‘the ac- the bill. Since this act builds on the tivities’’ and inserting ‘‘activities’’; and contribution plan for Federal employ- statutory framework established by (2) in section 2134(a)— ees, similar to private sector 401(k) the Thrift Savings Enhancement Act, (A) in paragraph (1)(B), by striking ‘‘and’’ plans. it only applies to newly hired Federal after the semicolon; The Save More Tomorrow Act would employees who are eligible to partici- (B) in paragraph (2)(C), by striking the pe- build on the Thrift Savings Plan En- pate in the TSP’s automatic enroll- riod at the end and inserting ‘‘; or’’; and hancement Act of 2009, which was en- ment feature. Additionally, just like (C) by adding at the end the following: acted with support from large, bipar- the TSP’s auto enrollment feature, ‘‘(3) providing training for school per- tisan majorities in Congress. Under the sonnel, including teachers, principals, and auto escalation authorized by this act pupil services personnel, regarding how to Thrift Savings Plan Enhancement Act, would be voluntary, and allow partici- recognize child sexual abuse.’’. new Federal employees are automati- pants to terminate default contribu- cally enrolled in the TSP unless they tions, or change contribution rates, at By Mr. KERRY: opt out, with a default employee con- any time. S. 3174. A bill to amend the Small tribution rate of 3 percent of basic pay. This bill has a limited, targeted Business Act to direct the Adminis- This legislation would adjust the TSP’s scope. It would increase the savings trator of the Small Business Adminis- automatic enrollment mechanism to only of the small percentage of new tration to establish a vocational and allow it to automatically increase em- employees who enroll in the TSP, but technical entrepreneurship develop- ployee contributions, unless the em- do not raise their contribution rate ment program; to the Committee on ployee chooses a different contribution enough to reach the goal Congress es- Small Business and Entrepreneurship. rate. To accomplish this, the bill au- tablished with FERSA of having most Mr. KERRY. Mr. President, today I thorizes the Federal Retirement Thrift Federal employees contributing at am introducing the Vocational and Investment Board, the agency that ad- least 5 percent of basic pay. Under the Technical Entrepreneurship Develop- ministers the TSP, to pair the current Thrift Savings Plan Enhancement Act, ment Act to provide critically needed auto enrollment at 3 percent with an impressive 97.2 percent of new Fed- support to help expand entrepreneur- automatic escalation of 1 percent per eral employees are enrolling in the ship education programs for young year, for at least 2 consecutive years TSP—82,632 Federal employees have adults. At a time when young adults following the first year of enrollment. been automatically enrolled in the ages 18–24 face an unemployment rate This promotes a goal of the Federal TSP since the practice began in August of approximately twice the national Employees’ Retirement System Act of 2010. Most of those employees increase average, it is more important than ever 1986, often referred to as FERSA, which their contributions far above the de- to provide additional resources to help was designed to encourage Federal em- fault rate of 3 percent. These enrollees them start their own business. Young ployees to save at least 5 percent of boast an average TSP savings rate of entrepreneurs need our help to give their pay in the TSP. 12.1 percent. Currently, only about 9 them the skills necessary to turn their This ‘‘three plus one plus one’’ model percent of employees in the Federal passion into a successful career. closely mirrors the model Congress Employee Retirement System enrolled The Vocational and Technical Entre- prescribed for the private sector in the in the TSP contribute less than 5 per- preneurship Development Act provides Pension Protection Act of 2006, which cent. support through small business devel- Mr. BOEHNER of Ohio introduced, the Of course, one must not confuse this opment centers for high schools, tech- House and Senate passed with signifi- act’s limited scope with the potential nical schools, and nonprofit organiza- cant bipartisan support, and President benefits. From the most recent survey tions serving young adults to develop George W. Bush signed into law. In en- of TSP participants, we know that just and implement entrepreneurship edu- acting the Pension Protection Act, like in the private sector, low-income

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 14, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 6701 workers who can least afford to forgo thereafter for not less than 2 years (which First Class Tyler M. Springmann, Private matching contributions are the most the Executive Director shall establish by Lamarol J. Tucker, and Private First Class likely to do so. Lower-income Federal regulation).’’; and Brett E. Wood gave the ultimate sacrifice for employees are more than twice as like- (2) in subparagraph (C)— their country in support of the mission in (A) in the matter preceding clause (i), by Afghanistan; ly as higher-income employees to cite inserting ‘‘and have the contributions of the Whereas the members of the 1st Stryker automatic enrollment as the reason individual automatically increased’’ after Brigade Combat Team, 25th Infantry Divi- they are contributing to the TSP. ‘‘automatically enrolled’’; sion are now returning to Alaska to their Many employees who contribute less (B) in clause (i), by inserting ‘‘(which shall proud families and to an appreciative and ad- than 5 percent are not even aware of terminate the automatic increases in the miring country; the benefits of increasing the amount contributions of the employee under sub- Whereas the strength and unflinching sup- they save—18 percent of this group re- paragraph (A)(ii))’’ after ‘‘automatic enroll- port of the families of the members of the 1st Stryker Brigade Combat Team, 25th Infantry ported they did not contribute 5 per- ment’’; and (C) in clause (ii), by inserting ‘‘and an Division have made the United States as cent because they were unaware agen- automatic increase in contributions under strong as it is today; and cies matched contributions dollar-for- subparagraph (A)(ii)’’ after ‘‘automatic en- Whereas the 1st Stryker Brigade Combat dollar on the first 3 percent of basic rollment’’. Team, 25th Infantry Division has served with courage, compassion, and selflessness, and pay, and 50 cents on the dollar for the f next 2 percent. has earned the respect of not only Alaskans, Today’s Federal workers must plan SUBMITTED RESOLUTIONS but of all people of the United States: Now, therefore, be it carefully to ensure their retirement se- Resolved, That the Senate— curity. Fortunately, the vast majority SENATE RESOLUTION 459—COM- (1) commends the members of the 1st of the Federal employees are respon- MENDING THE 1ST STRYKER Stryker Brigade Combat Team, 25th Infantry sibly saving for retirement, exhibiting BRIGADE COMBAT TEAM, 25TH Division for their exemplary service to the average savings rates that are far United States and the completion of their INFANTRY DIVISION UPON ITS first deployment in support of Operation En- greater than the private sector. How- COMPLETION OF A DEPLOYMENT ever, I am concerned that the most fi- during Freedom; and TO AFGHANISTAN IN SUPPORT (2) recognizes the service and sacrifice of nancially vulnerable Federal employ- OF OPERATION ENDURING FREE- the members of the 1st Stryker Brigade ees, individuals earning less than DOM Combat Team, 25th Infantry Division and $25,000 a year, are saving at a lower their families. Mr. BEGICH (for himself and Ms. rate that will hinder their ability to re- Mr. BEGICH. Mr. President, I rise to MURKOWSKI) submitted the following tire with dignity. We should build on commend the members of the 1st resolution; which was referred to the the success of the Thrift Savings Plan Stryker Brigade Combat Team, 25th In- Committee on Armed Services: Enhancement Act by making it as easy fantry Division from Fort Wainwright, as possible for employees to increase S. RES. 459 AK upon completion of their deploy- their contributions. Whereas the 1st Stryker Brigade Combat ment to Afghanistan in support of Op- The Save More Tomorrow Act is a Team, 25th Infantry Division, known as the eration Enduring Freedom. I am limited, yet effective legislative re- ‘‘Arctic Wolves’’, is headquartered in Fort pleased to offer a resolution with Sen- sponse to do just this. Informed by rig- Wainwright, Alaska and is made up of ap- proximately 4,300 selfless, brave, and dedi- ator LISA MURKOWSKI to recognize the orous data from real world experiences cated soldiers; service of these Arctic Wolves and in the private sector, this act rep- Whereas the 1st Stryker Brigade Combat honor the 21 brave soldiers who made resents the best in serious, evidence- Team, 25th Infantry Division has a distin- the ultimate sacrifice for the Nation. based policymaking. The modest au- guished history of service to the United Deployed to Kandahar, one of the thorities provided by the Save More States, beginning with World War I and con- most volatile areas of Afghanistan, the Tomorrow Act will enhance the Fed- tinuing through Operation Iraqi Freedom 1/25 SBCT conducted more than 7,500 eral Retirement Thrift Investment and Operation Enduring Freedom; patrols and over 60 named operations. Board’s ability to meet FERSA’s goal Whereas the 1st Stryker Brigade Combat They made significant gains against in- Team, 25th Infantry Division most recently of encouraging TSP contributions of 5 surgents in the Southern region. Our departed for Afghanistan in April 2011, fol- nation will forever be grateful to them percent of pay. I strongly urge my col- lowing 2 deployments in support of Oper- leagues to support this important leg- ation Iraqi Freedom; and we will never forget those who per- islation. Whereas, while deployed in Afghanistan, ished or were wounded during their Mr. President, I ask unanimous con- the 1st Stryker Brigade Combat Team, 25th tour. sent that the text of the bill be printed Infantry Division conducted more than 60 We must also never forget Private in the RECORD. named operations in Zabul Province and Danny Chen. While the actions of those There being no objection, the text of Southern Kandahar Province; involved in the maltreatment of Pri- the bill was ordered to be printed in Whereas, while deployed in Afghanistan, vate Chen are not a reflection of the the 1st Stryker Brigade Combat Team, 25th the RECORD, as follows: honorable service of thousands of oth- Infantry Division conducted more than 7,500 S. 3175 ers in the brigade, abuse and hazing of patrols; another individual must never be toler- Be it enacted by the Senate and House of Rep- Whereas, while deployed in Afghanistan, resentatives of the United States of America in the 1st Stryker Brigade Combat Team, 25th ated under any circumstances. Private Congress assembled, Infantry Division cleared more than 600 im- Chen was a son, he was a friend, he was SECTION 1. SHORT TITLE. provised explosive devices and more than a soldier. He will be remembered. This Act may be cited as the ‘‘Save More 9,300 pounds of explosives; I also want to thank the families of Tomorrow Act of 2012’’. Whereas 1st Stryker Brigade Combat the Arctic Wolves for their service and SEC. 2. AUTOMATIC ESCALATIONS. Team, 25th Infantry Division members Spe- sacrifice. The support of their loved Section 8432(b)(2) of title 5, United States cialist James R. Burnett, Jr., Private Danny ones gives strength to our military. Code, is amended— Chen, Private First Class Matthew C. Colin, I urge my colleagues to join me in (1) in subparagraph (A), by striking ‘‘en- Specialist Ryan J. Cook, Private First Class thanking the Arctic Wolves and their rolled to make’’ and all that follows and in- Douglas L. Cordo, First Sergeant Kenneth B. families for the sacrifices they make serting the following: ‘‘enrolled to— Elwell, Specialist Douglas J. Green, Private every day on behalf of our country. ‘‘(i) make contributions under subsection First Class Ryan J. Larson, Specialist (a) at the default percentage of basic pay; Christophe Jean Claude Marquis, Sergeant f and First Class Johnathan B. McCain, Specialist NOTICE OF HEARING ‘‘(ii) increase the percentage of basic pay Bradley L. Melton, Private First Class Bran- contributed under subsection (a) by the eligi- don S. Mullins, Private First Class Dustin P. COMMITTEE ON ENERGY AND NATURAL ble individual by 1 percent each year begin- Napier, Specialist Calvin M. Pereda, Private RESOURCES ning in the first year following the year in First Class Cheizray Pressley, Sergeant Mr. BINGAMAN. Mr. President, I which the eligible individual began making Rodolfo Rodriguez, Jr., Sergeant Timothy D. would like to announce for the infor- contributions under clause (i) and each year Sayne, Sergeant Jeffrey C. S. Sherer, Private mation of the Senate and the public

VerDate Sep 11 2014 15:02 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR12\S14MY2.000 S14MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6702 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 5 May 14, 2012 that a hearing has been scheduled be- State, tomorrow morning, and equally To be major fore the Senate Committee on Energy divide the first hour, with the majority CATHERINE M WARE and Natural Resources. The hearing controlling the first half and the Re- TIMOTHY K. WILLIAMS will be held on Tuesday, May 22, 2012, publicans controlling the final half. IN THE ARMY at 10 a.m., in room SD–366 of the Dirk- Today we reached an agreement to THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY sen Senate Office Building. complete action on the Export-Import UNDER TITLE 10, U.S.C., SECTION 624: The purpose of this hearing is to re- Bank reauthorization. Senators should To be lieutenant colonel ceive testimony on the report produced expect up to six votes as early as 2:15 RICARDO A. BRAVO by the American Energy Innovation tomorrow. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Council titled ‘‘Catalyzing American f TO THE GRADE INDICATED IN THE UNITED STATES ARMY Ingenuity: The Role of Government in UNDER TITLE 10, U.S.C., SECTION 624: ADJOURNMENT UNTIL 10 A.M. Energy Innovation’’ and related issues. To be lieutenant colonel TOMORROW Because of the limited time available MATTHEW W. MOFFITT Mr. BROWN of Ohio. Madam Presi- THE FOLLOWING NAMED OFFICER FOR REGULAR AP- for the hearing, witnesses may testify POINTMENT IN THE GRADE INDICATED IN THE UNITED by invitation only. However, those dent, if there is no further business to STATES ARMY UNDER TITLE 10, U.S.C., SECTIONS 531, 3064, wishing to submit written testimony come before the Senate, I ask unani- AND 716: for the hearing record may do so by mous consent that it adjourn under the To be major sending it to the Committee on Energy previous order. NATHANIEL V. CHITTICK and Natural Resources, United States There being no objection, the Senate, THE FOLLOWING NAMED OFFICER APPOINTMENT TO at 6:42 p.m., adjourned until Tuesday, THE GRADE INDICATED IN THE UNITED STATES ARMY Senate, Washington, D.C. 20510–6150, or MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 by e-mail to AbigaillCampbell May 15, 2012, at 10 a.m. AND 3064: @energy.senate.gov. f To be major For further information, please con- NOMINATIONS LAURI M. ZIKE tact Mike Carr at (202) 224–8164 or Abi- THE FOLLOWING NAMED OFFICER FOR REGULAR AP- Executive nominations received by POINTMENT IN THE GRADE INDICATED IN THE UNITED gail Campbell at (202) 224–1219. the Senate: STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: To be major f IN THE ARMY TIMOTHY A. CRANE MEASURE READ FOR THE FIRST THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR REGULAR AP- TIME—H.R. 5652 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND POINTMENT IN THE GRADE INDICATED IN THE UNITED RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: Mr. BROWN of Ohio. Madam Presi- To be lieutenant general To be major dent, I understand that H.R. 5652 has RYAN L. JERKE been received from the House and is at LT. GEN. MICHAEL T. FLYNN IN THE MARINE CORPS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the desk. TO THE GRADE INDICATED IN THE UNITED STATES ARMY The PRESIDING OFFICER. The THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE OF LIEUTENANT GENERAL IN THE To be major clerk will report the bill by title for UNITED STATES MARINE CORPS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER MATTHEW R. SUN the first time. TITLE 10, U.S.C., SECTION 601: The assistant legislative clerk read THE FOLLOWING NAMED ARMY NATIONAL GUARD OF To be lieutenant general THE UNITED STATES OFFICERS FOR APPOINTMENT TO as follows: THE GRADE INDICATED IN THE RESERVE OF THE ARMY MAJ. GEN. (SELECT) WILLIAM M. FAULKNER UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: A bill (H.R. 5652) to provide reconciliation THE FOLLOWING NAMED OFFICER FOR APPOINTMENT pursuant to section 201 of the concurrent res- TO THE GRADE OF LIEUTENANT GENERAL IN THE To be colonel olution on the budget for fiscal year 2013. UNITED STATES MARINE CORPS WHILE ASSIGNED TO A GREGORY P. CHANEY POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER PAUL W. GUEVARA Mr. BROWN of Ohio. Madam Presi- TITLE 10, U.S.C., SECTION 601: LAWRENCE E. SCHLOEGL dent, I ask for its second reading and To be lieutenant general THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED STATES OFFICERS FOR APPOINTMENT TO object to my own request. LT. GEN. JOHN M. PAXTON, JR. THE GRADE INDICATED IN THE RESERVE OF THE ARMY The PRESIDING OFFICER. Objec- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: IN THE UNITED STATES MARINE CORPS TO THE GRADE tion is heard. INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- To be colonel f TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., AMY F. COOK SECTION 601: RICHARD L. GOLDENBERG ORDERS FOR TUESDAY, MAY 15, To be lieutenant general NATHANIEL JONES, JR. PAUL S. TAMARIBUCHI MAJ. GEN. JOHN A. TOOLAN, JR. 2012 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY Mr. BROWN of Ohio. Madam Presi- IN THE UNITED STATES MARINE CORPS RESERVE TO THE AS CHAPLAINS UNDER TITLE 10, U.S.C., SECTIONS 624 AND dent, I ask unanimous consent that GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: 3064: when the Senate completes its business To be brigadier general To be lieutenant colonel today, it adjourn until 10 a.m. on Tues- COL. PAUL K. LEBIDINE MICHAEL I. ALLEN day, May 15, 2012; that following the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STANLEY P. ALLEN IN THE UNITED STATES MARINE CORPS TO THE GRADE JEFFREY C. BOTSFORD prayer and pledge, the Journal of pro- INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- BRIAN W. CHEPEY ceedings be approved to date, the TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., HAROLD E. CLINE SECTION 601: ADOLPH G. DUBOSE, JR. morning hour be deemed expired, and PETER O. FERRIS the time for the two leaders be re- To be lieutenant general RICHARD D. GARVEY LT. GEN. ROBERT B. NELLER ROBERT J. GLAZENER served for their use later in the day; KENNETH L. HAFTORSON and that the majority leader be recog- IN THE AIR FORCE PAIGE K. HEARD KENNETH J. HURST nized; further, that the Senate recess THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- DENNIS E. HYSOM from 12:30 until 2:15 to allow for the MENT TO THE GRADE INDICATED IN THE REGULAR AIR PETER E. JOHNSON FORCE UNDER TITLE 10, U.S.C., SECTION 531: RAJMUND KOPEC weekly caucus meetings. To be major CHARLES W. KUHLMAN The PRESIDING OFFICER. Without YO S. LEE JAMES J. RENDA PAUL D. MADEJ objection, it is so ordered. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STEVEN A. MAGLIO IN THE GRADE INDICATED IN THE RESERVE OF THE AIR EDWARD C. MARTIN f FORCE UNDER TITLE 10, U.S.C., SECTION 12203: KAREN L. MEEKER JIMMY D. NICHOLS PROGRAM To be colonel DANIEL S. OH TONY S. PETROS AUGUST S. HEIN Mr. BROWN of Ohio. It is the major- DANIEL R. PETSCH ity leader’s intention to resume the THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- DARIN M. POWERS MENT TO THE GRADES INDICATED IN THE REGULAR AIR MICHAEL L. REEVES motion to proceed to the Export-Im- FORCE UNDER TITLE 10, U.S.C., SECTION 531: DERRICK E. RIGGS port Bank reauthorization bill, legisla- To be lieutenant colonel RANDAL H. ROBISON TERRY E. ROMINE tion particularly important to my CHRISTOPHER J. MATHEWS FELIX SERMON, JR.

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TIMOTHY D. SMITH JOHN V. DICKENS III GARY HAYMAN JEFFREY L. SPANGLER STANLEY W. FORNEA DANIEL B. HODGSON ALLEN W. STALEY MICHAEL W. GORE TIMOTHY R. JETT BRADLEY A. WEST HERBERT L. GRIFFIN, JR. DAVID A. MARCH MATTHEW S. WYSOCKI STEVEN R. MOSES ANDREW M. MATTHEWS TIMOTHY J. OSWALD CARLA MEYERS IN THE NAVY KIMBERLY SAWATSKY MARK W. MORGAN THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- STEPHEN J. SHAW CHRISTOPHER D. PARKER MENT TO THE GRADE INDICATED IN THE REGULAR NAVY FRANK W. SHEARIN III KERRY L. PEARSON UNDER TITLE 10, U.S.C., SECTION 531: THOMAS R. STEWART GERALD P. RAIA MELVIN H. UNDERWOOD JEFFERY T. RATHBUN To be commander THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN B. THERIAULT ROBERT L. WILLIAMS, JR. STEVEN J. PORTER TO THE GRADE INDICATED IN THE UNITED STATES NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be captain UNDER TITLE 10, U.S.C., SECTION 624: RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: DOUGLAS J. COHEN To be captain To be captain JOHN V. DANNER, JR. JOHN P. ELLINGTON VERONICA G. ARMSTRONG GLENN E. GABORKO, JR. MATTHEW S. GABE DIXIE L. AUNE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JASON A. GOLDEN NORMAN F. J. CHARBONEAU TO THE GRADE INDICATED IN THE UNITED STATES NAVY BARBARA T. HANNA NANCY K. CONDON RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: THOMAS J. LAMBERT RAMONA M. DOMEN WAINA J. MCFARLANE SCOTT A. JOHNSON To be captain DAVID L. OPPENHEIM SHARON W. KINGSBERRY ROGER L. BLANK ROBERT P. SCHULHOF, JR. CYNTHIA A. KUEHNER JONATHAN I. SHAPIRO AMY MCBRIDE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PAUL G. TRIPLETT LISA M. MORRIS TO THE GRADE INDICATED IN THE UNITED STATES NAVY KEVIN P. WHITMORE LISA A. OSBORNE RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SUSAN M. PENNEBECKER To be captain TO THE GRADE INDICATED IN THE UNITED STATES NAVY EVELYN M. QUATTRONE RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: DEBORAH E. ROY MICHAEL C. BARBER KARIN E. WARNER DAVID G. ORAVEC To be captain MARY P. WHITE MARIA A. YOUNG THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RICHARD S. BARLAMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY SIMON T. COLE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: MICHAEL T. CURRAN TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be captain JAMES V. HARRIS UNDER TITLE 10, U.S.C., SECTION 624: MARK N. HURVITZ To be captain JOSEPH A. DAVIS CARL H. ISETT SCOTT D. EBERWINE STEVEN K. KILPATRICK JULIANN M. ALTHOFF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK W. KLEINHENZ FRANK M. BISHOP TO THE GRADE INDICATED IN THE UNITED STATES NAVY JENNIFER A. LEDNICKY JEFFREY W. BITTERMAN RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JACQUELYN MCCLELLAND DAVID L. BLAZES EDWARD G. MONINGER III JOHN F. BOGARD To be captain CHARLES W. PARKER III TROY F. BOREMA MICHAEL F. PERRY LISA M. CARTWRIGHT DAVID H. DUTTLINGER JOHN S. SIBLEY ALEXANDER B. CHAO WILLIE F. RAY JEFFREY C. CLEARY DARCY I. WOLFE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY DAVID R. CONGDON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: TIMOTHY F. DONAHUE TO THE GRADE INDICATED IN THE UNITED STATES NAVY KEVIN A. DORRANCE RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: To be captain TRENT D. DOUGLAS ANGELA S. EARLEY To be captain BRIAN E. BEHARRY ELIZABETH FERRARA WALTER D. BRAFFORD STEPHEN L. FERRARA FRANK J. BRAJEVIC MICHAEL M. CARSON JERRY R. FOLTZ BRIAN R. GULDBEK JANET A. DELOREYLYTLE THOMAS G. FRIEDRICH RUSSELL K. KIRK KARINA J. DICK SAWSAN GHURANI GREGORY R. KLEIN BRENDA R. HAMILTON MARK T. GOULD JAMES B. MORRIS JAMES M. HILL PATRICK N. GROVER DAVID E. WOOLSTON DANIEL E. KIRKWOOD DALE R. HARMAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN F. MILLER JAMES M. HARRIS TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRENDA L. NELSON ERICH R. HEINZ RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: TIMOTHY J. NEUMANN MATTHEW J. HICKEY TRENT L. OUTHOUSE EILEEN M. HOKE To be captain BILLY J. PHILLIPS ROMEO C. IGNACIO DARREL G. VAUGHN LAUREN D. BALES RONNY L. JACKSON CARL T. BERGREN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT REX A. KITELEY PAMELA D. BOSWELL TO THE GRADE INDICATED IN THE UNITED STATES NAVY REES L. LEE CYNTHIA L. GIBSON UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER C. LUCAS JERRY H. HUTCHINSON, JR. To be captain ROSEMARY C. MALONE PAMELA C. MILLER MICHAEL J. MATTEUCCI CLIFFORD E. RESKE PATRICK J. BLAIR MICHAEL J. MEIER DAVID A. SERAFINI BARBARA A. COLEMAN TIMOTHY F. MOTT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GLENDON B. DIEHL, JR. JEFFREY D. ODELL TO THE GRADE INDICATED IN THE UNITED STATES NAVY DUANE A. EGGERT DAVID M. OLIVER UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW W. HEBERT PIERRE A. PELLETIER ERIC R. HOFFMAN DAVID P. REGIS To be captain BRENT M. KELLN ERIC S. SAWYERS CHRISTOPHER J. CORVO BRENDAN T. MELODY MERYL A. SEVERSON III TERRENCE W. COSTELLO IV MARSHALL R. MONTEVILLE BRADFORD L. SMITH COLLEEN M. GLASERALLEN SAMUEL T. OLAIYA BRIAN A. SMOLEY MARK F. KLEIN FRANK P. PEARSON BRUCE J. TAYLOR, JR. SHANNON H. KOPPLIN MICHAEL C. PREVOST ANNETTE M. VONTHUN EVA M. LOSER MICHAEL D. ROSENTHAL JEFFREY S. WEISS JOHNNY M. NILSEN EDWARD J. SULLIVAN NECIA L. WILLIAMS THOMAS J. WELSH LEE A. VITATOE GEOFFREY A. WRIGHT AARON D. WERBEL JOHN WYLAND THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: To be captain To be captain To be captain MARIA L. AGUAYO KEVIN J. BARTOE JAMES T. ALBRITTON CASEY S. ADAMS PHILLIP G. CYR ROGELIO E. ALVAREZ ANITA C. BACHER JASON B. FAUNCE PAUL A. AMODIO ANALIZA BENJAMIN DOUGLAS W. KING STEPHEN E. ARMSTRONG LYNNE F. BLANKENBEKER TIMOTHY C. LIBERATORE ALBERT R. BAKER MICHAEL J. COFFEL MICHAEL MONREAL EDWIN F. BOGDANOWICZ JUDY L. DYE MICHAEL P. OESTEREICHER KYLE A. BRYAN JOHN M. FLAITZ TIMOTHY J. ROGERS JUANITO R. BUCKLEY DEBORAH A. FLANAGAN ANDREW J. SCHULMAN EDWARD T. BUTZIRUS KARLA D. HAYS RICARDO BYRDSONG SANDRA J. JOHNSTON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TIMOTHY L. DANIELS JAMES R. MCMAHON TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROBERT E. DARE JESSICA D. REED UNDER TITLE 10, U.S.C., SECTION 624: SONYA I. EBRIGHT MARY M. RUSSELL To be captain DAVID W. EGGE KIMBERLY M. SANDBERG KRISTEN B. FABRY ANITA J. SMITH DAVID O. BYNUM FRANK W. FUTCHER RENICE A. WASHINGTON

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SENATE COMMITTEE MEETINGS States Code, to prohibit inserting poli- MAY 17 Title IV of Senate Resolution 4, tics into the Federal acquisition proc- 9:30 a.m. ess by prohibiting the submission of Energy and Natural Resources agreed to by the Senate on February 4, political contribution information as a 1977, calls for establishment of a sys- To hold hearings to examine S. 2146, to condition of receiving a Federal con- amend the Public Utility Regulatory tem for a computerized schedule of all tract, H.R. 2415, to designate the facil- Policies Act of 1978 to create a market- meetings and hearings of Senate com- ity of the United States Postal Service oriented standard for clean electric en- mittees, subcommittees, joint commit- located at 11 Dock Street in Pittston, ergy generation. tees, and committees of conference. Pennsylvania, as the ‘‘Trooper Joshua SD–366 This title requires all such committees D. Miller Post Office Building’’, H.R. 10 a.m. to notify the Office of the Senate Daily 3220, to designate the facility of the Judiciary United States Postal Service located at Business meeting to consider S. 2554, to Digest—designated by the Rules Com- 170 Evergreen Square SW in Pine City, mittee—of the time, place, and purpose amend title I of the Omnibus Crime Minnesota, as the ‘‘Master Sergeant Control and Safe Streets Act of 1968 to of the meetings, when scheduled, and Daniel L. Fedder Post Office’’, H.R. extend the authorization of the Bullet- any cancellations or changes in the 3413, to designate the facility of the proof Vest Partnership Grant Program meetings as they occur. United States Postal Service located at through fiscal year 2017, S. 2276, to per- As an additional procedure along 1449 West Avenue in Bronx, New York, mit Federal officers to remove cases with the computerization of this infor- as the ‘‘Private Isaac T. Cortes Post Of- involving crimes of violence to Federal mation, the Office of the Senate Daily fice’’, and the nomination of Joseph G. court, S. 2076, to improve security at Digest will prepare this information for Jordan, of Massachusetts, to be Admin- State and local courthouses, S. 2370, to printing in the Extensions of Remarks istrator for Federal Procurement Pol- amend title 11, United States Code, to icy, Executive Office of the President. make bankruptcy organization more section of the CONGRESSIONAL RECORD SD–342 on Monday and Wednesday of each efficient for small business debtors, Judiciary and the nominations of David Medine, week. To hold an oversight hearing to examine of Maryland, to be Chairman, James Meetings scheduled for Tuesday, May the Federal Bureau of Investigation. Xavier Dempsey, of California, 15, 2012 may be found in the Daily Di- SD–226 Elisebeth Collins Cook, of Illinois, Ra- gest of today’s RECORD. 10:30 a.m. chel L. Brand, of Iowa, and Patricia M. Appropriations Wald, of the District of Columbia, all MEETINGS SCHEDULED Department of Defense Subcommittee to be a Member of the Privacy and To receive a closed briefing on proposed Civil Liberties Oversight Board. MAY 16 budget estimates for fiscal year 2013 for SD–226 10 a.m. Northern Command and Southern Com- 10:30 a.m. Environment and Public Works mand Programs. Commerce, Science, and Transportation Children’s Health and Environmental Re- SVC–217 Oceans, Atmosphere, Fisheries, and Coast sponsibility Subcommittee Appropriations Guard Subcommittee To hold hearings to examine growing Department of the Interior, Environment, To hold hearings to examine the United long-term value, focusing on corporate and Related Agencies Subcommittee States response to tsunami generated environmental responsibility and inno- To hold hearings to examine proposed marine debris. vation. budget estimates for fiscal year 2013 for SR–253 SD–406 the Environmental Protection Agency. 2 p.m. Health, Education, Labor, and Pensions SD–124 Appropriations To hold hearings to examine identifying 2 p.m. Department of Defense Subcommittee opportunities for health care delivery Joint Economic Committee To receive a closed briefing on proposed system reform, focusing on lessons To hold hearings to examine how the budget estimates for fiscal year 2013 for from the front line. taxation of labor and transfer pay- European Command and Special Oper- SD–430 ments affect growth and employment. ations Command Programs. Homeland Security and Governmental Af- SD–G50 SVC–217 fairs 2:30 p.m. Commission on Security and Cooperation Business meeting to consider S. 1910, to Commerce, Science, and Transportation in Europe provide benefits to domestic partners To hold an oversight hearing to examine To receive a briefing on Ukraine’s up- of Federal employees, S. 1515, to permit the Federal Communications Commis- coming elections, focusing on political certain members of the United States sion. parties, civil society and domestic ob- Secret Service and certain members of SR–253 servers ahead of the elections, the elec- the United States Secret Service Uni- Foreign Relations toral framework, as well as the broader formed Division who were appointed in To hold hearings to examine the nomina- political context. 1984, 1985, or 1986 to elect to be covered tions of Peter William Bodde, of Mary- 210, Cannon Building under the District of Columbia Police land, to be Ambassador to the Federal 2:15 p.m. and Firefighter Retirement and Dis- Democratic Republic of Nepal, Piper Indian Affairs ability System in the same manner as Anne Wind Campbell, of the District of To hold an oversight hearing to examine members appointed prior to 1984, S. Columbia, to be Ambassador to Mon- fulfilling the Federal trust responsi- 2218, to reauthorize the United States golia, and Dorothea-Maria Rosen, of bility, focusing on the foundation of Fire Administration, S. 2170, to amend California, to be Ambassador to the the government-to-government rela- the provisions of title 5, United States Federated States of Micronesia, all of tionship. Code, which are commonly referred to the Department of State. SD–628 as the ‘‘Hatch Act’’ to eliminate the SD–419 2:30 p.m. provision preventing certain State and United States Senate Caucus on Inter- Foreign Relations local employees from seeking elective national Narcotics Control To hold hearings to examine the nomina- office, clarify the application of certain To hold hearings to examine drug threats tions of Edward M. Alford, of Virginia, provisions to the District of Columbia, in West Africa, focusing on drug traf- to be Ambassador to the Republic of and modify the penalties which may be ficking and United States efforts to The Gambia, Mark L. Asquino, of the imposed for certain violations under counter emerging narcotics-related District of Columbia, to be Ambassador subchapter III of chapter 73 of that threats. to the Republic of Equatorial Guinea, title, S. 1100, to amend title 41, United SD–562 Douglas M. Griffiths, of Texas, to be

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

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