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

Vol. 158 WASHINGTON, WEDNESDAY, SEPTEMBER 19, 2012 No. 127 Senate The Senate met at 10 a.m. and was appoint the Honorable KIRSTEN E. GILLI- have discussed the rest of the week and called to order by the Honorable BRAND, a Senator from the State of New next week, perhaps, and we are trying KIRSTEN E. GILLIBRAND, a Senator from York, to perform the duties of the Chair. to move forward and get this done. We the State of New York. DANIEL K. INOUYE, have certain things we have to get President pro tempore. done, but there is nothing—nothing— PRAYER Mrs. GILLIBRAND thereupon as- more important than getting the fund- sumed the chair as Acting President The Chaplain, Dr. Barry C. Black, of- ing for the country. I appreciate the pro tempore. fered the following prayer: House sending it to us in the fashion Let us pray. f they did. So I think it behooves us to Eternal Lord God, we praise You for RECOGNITION OF THE MAJORITY get this done as quickly as possible. surrounding us with the shield of Your LEADER MEASURE PLACED ON THE CALENDAR—H.R. 5949 Mr. REID. Madam President, I am salvation. When we cry to You for help, The ACTING PRESIDENT pro tem- told H.R. 5949 is at the desk and due for You are always near, ever ready to pore. The majority leader is recog- a second reading. comfort and cheer. When we remember nized. what You have already done to bless The ACTING PRESIDENT pro tem- f our Nation and our lives, we can only pore. The clerk will read the bill by declare, ‘‘Great is Your faithfulness.’’ FAMILY AND BUSINESS TAX CUT title for the second time. As our Senators strive today to do CERTAINTY ACT OF 2012—MOTION The legislative clerk read as follows: Your will, remind them that Your love TO PROCEED A bill (H.R. 5949) to extend the FISA Amendments Act of 2008 for five years. has no limits, Your hope has no restric- Mr. REID. I now move to proceed to Mr. REID. I object to any further tions, and Your power has no end. Calendar No. 499, S. 3521, which is the Guide them as they seek to discern proceedings. tax extenders legislation reported out The ACTING PRESIDENT pro tem- what is best for our Nation and to cou- of the Finance Committee previously. pore. Objection is heard. The bill will rageously vote their convictions. The ACTING PRESIDENT pro tem- be placed on the calendar. We pray in Your wonderful Name. pore. The clerk will report the motion THE OTHER 47 PERCENT Amen. to proceed. The legislative clerk read as follows: Mr. REID. Madam President, for f months I believed Mitt Romney wanted Motion to proceed to Calendar No. 499, S. to be President of all of the United PLEDGE OF ALLEGIANCE 3521, a bill to amend the Internal Revenue Code of 1986 to extend certain expiring provi- States. This week we learned Mitt The Honorable KIRSTEN E. GILLI- sions. Romney only wants to be President of BRAND led the Pledge of Allegiance as SCHEDULE half the United States. follows: If Mitt Romney were President, he Mr. REID. Madam President, fol- I pledge allegiance to the Flag of the wouldn’t waste time worrying about lowing my remarks and those of my United States of America and to the Repub- the 47 percent of Americans whom he distinguished friend, the Republican lic for which it stands, one nation under God, believes are ‘‘victims’’—whom Romney leader, the Senate will resume consid- indivisible, with liberty and justice for all. believes are unwilling to take ‘‘per- eration of S. 3457, the Veterans Jobs f sonal responsibility,’’ and those are his Corps Act. The time until noon will be words, not mine. He can only worry APPOINTMENT OF ACTING equally divided on that matter. At about how the other half lives, I guess. PRESIDENT PRO TEMPORE noon there will be a rollcall vote on the That is what Mitt Romney told donors motion to waive the Budget Act with The PRESIDING OFFICER. The at a closed-door fundraiser in Florida a respect to the Veterans Jobs Corps bill. clerk will please read a communication month or so ago. to the Senate from the President pro The Senate will then recess until 2:15 But it turns out it wasn’t closed. for our weekly caucus meetings. tempore (Mr. INOUYE). Someone videotaped every word he said At 2:15, there will be a cloture vote The legislative clerk read the fol- to his wealthy donors. This is, among on the motion to proceed to the con- lowing letter: other things, what he said: tinuing resolution. There could be ad- U.S. SENATE, There are 47 percent who . . . are depend- ditional votes with respect to the Vet- PRESIDENT PRO TEMPORE, ent upon government, who believe that they Washington, DC, September 19, 2012. erans Jobs Corps Act this afternoon or are victims, who believe that government To the Senate: subsequent to a vote at noon. has a responsibility to care for them, who be- Under the provisions of rule I, paragraph 3, The Republican leader and I have had lieve that they are entitled to health care, to of the Standing Rules of the Senate, I hereby a conversation this morning where we food, to housing, to you name it.

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

S6393

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VerDate Mar 15 2010 05:17 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.000 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6394 CONGRESSIONAL RECORD — SENATE September 19, 2012 Mitt Romney said his job as Presi- ney raise taxes on students stretching Her father Aung San, the architect of dent would not be ‘‘to worry about every dollar to afford tuition? Would Burmese independence, was assas- those people.’’ But half of Americans Romney raise taxes on men and women sinated when she was a toddler. She are ‘‘those people.’’ serving overseas in the military who lived in India for a time, worked at the He went on to say: ‘‘I’ll never con- make untold sacrifices to preserve U.N. here in the United States, and vince them’’—this is a direct quote— America’s freedom and democracy not eventually married and settled into a ‘‘they should take personal responsi- because they are getting rich doing it happy and comfortable life with her bility and care for their lives.’’ but out of a deep sense of duty? professor husband and two boys in Ox- So who are those Americans Mitt So whose taxes would Mitt Romney ford, England. Romney disdains as ‘‘victims’’ and raise? We know he wouldn’t raise taxes That quiet, suburban life changed ‘‘those people’’? They are not avoiding on millionaires and billionaires or forever one night in the spring of 1988. their tax bills, using Cayman Islands companies that ship jobs overseas. He She got a phone call that her mother tax shelters or Swiss bank accounts has made that very clear. If a person is had fallen ill back in Burma. She left like Mitt Romney. Millions of the 47 a math teacher or a maid or a single to take care of her the following day percent are seniors on Social Security mother, it won’t be Mitt Romney’s job and arrived to find a revolution already who don’t have Bain Capital retire- to worry about those people. If a per- underway. ment funds or inherited stock to fall son is a multimillionaire, Mitt Romney As her father’s daughter, Suu Kyi back on. Many of the 47 percent are won’t rest until they get a quarter of a was regarded as a natural fit to fill the students reaching to afford university million dollar tax cut. That is what the role. tuition so they can become nurses or Ryan budget does and Romney likes Years earlier, Suu Kyi had a pre- teachers or attend a community col- that. monition that her people might need lege to become an electrician or welder For all we know, Mitt Romney could her one day, so much so that when her or a lab technician. Some of the 47 per- be one of those who has paid no Federal husband proposed marriage, she agreed, cent have disabilities whose challenges income tax. Thousands of families but on the one condition that if her are already a full-time job, but still are making more than $1 million pay noth- people ever needed her, she could go. actively seeking opportunities in their ing in Federal income taxes each year. He agreed without hesitation. More lives. Millions more of this 47 percent I will repeat that. Thousands of fami- than two decades later, he made good have been unemployed since the great lies making more than $1 million a on his pledge. recession—not because they are free- year pay nothing in Federal income With Suu Kyi under house arrest in loaders or can’t be bothered to get a taxes. Is Mitt Romney among those? Burma, her husband fell ill with cancer job but because some private equity We will never know since he refuses to back in England. She knew she would funds closed their factory and shipped release his tax returns for the years be- be allowed to leave, but she also knew their jobs off to China. Large numbers fore he was running for President. But she wouldn’t be allowed to return to of the 47 percent are active-duty mem- from that one return—the only one we Burma once she did. So with her hus- bers of the military fighting for their have seen—we know Mitt Romney pays band’s support, Suu Kyi made the dif- country overseas. More of the 47 per- a lower tax rate than middle-class fam- ficult decision to stay. For nearly two cent are veterans getting an education ilies, thanks to a number of things he decades—two decades—she remained earned through dedicated service. has done, including Swiss bank ac- under house arrest in her mother’s old Many of the 47 percent are mothers and counts and Cayman Islands tax shel- home on University Avenue on the fathers working minimum wage jobs ters. And we can only imagine what shores of Inya Lake. but still struggling—and struggling new secrets would be revealed if he Over the years, I have followed Suu every day. Others of the 47 percent are showed the American people a dozen Kyi closely and I have done what I middle-class families raising children years of tax returns as his dad did. could to advance her cause. Along with with a little help from the earned in- Mitt Romney believes in two sets of Senator FEINSTEIN, I have worked to come tax credit and the child tax cred- rules—one for millionaires and another get the Burmese Freedom and Democ- it—a hand-up Republicans once for the middle class and the poor. If a racy Act enacted every year since 2003 bragged about helping to enact and, by person has money to hide in Bermuda as a way of pressuring the regime to re- the way, signed into law by that ‘‘lib- and Switzerland, can that person not form itself. My colleague Senator eral’’ Ronald Reagan. The 47 percent afford to pay a few pennies more to bal- MCCAIN has been active on this issue are ordinary hard-working Americans ance the budget or to reduce the def- and has had the opportunity to visit who deserve respect, especially from icit? Mitt Romney says no. But if a with her several times. the man who wants to be their Presi- person is retired or poor, disabled, a If not for the quiet determination dent. And these Americans pay a slew student, or even a returning hero who and simple confidence of this remark- of other taxes, including State income fought for our country, Romney be- able women, democratic reforms might taxes, payroll taxes, property taxes, lieves that person can afford to pay have seemed a lost cause under the and sales taxes. But, in Mitt Romney’s more taxes. Burmese junta. But in November 2010, view, they still don’t pay enough. This rare look at the real Mitt Rom- we were all encouraged when Suu Kyi So let’s ask a question: Whose taxes ney—this rare look we got from a man was finally released from house arrest. would Mitt Romney raise? Would Mitt who was at a fundraiser for him— And since then we have seen other Romney raise taxes on retirees who proves one thing: He is completely out hopeful signs. have paid into Social Security all their of touch with average Americans. If he I was allowed the privilege of actu- lives and are counting on it to get won’t stand up and fight for every ally traveling to Burma earlier this them through their golden years? That American—every American—as Presi- year to meet with Suu Kyi and discuss is a question. dent, then he does not deserve to serve some of the reforms we have seen. On Another question: Would Mitt Rom- any American as President. April 1, Suu Kyi won a seat in the Bur- ney raise taxes on mothers and fathers RECOGNITION OF THE MINORITY LEADER mese Parliament. We cannot be sure who work hard but still struggle to put The ACTING PRESIDENT pro tem- that the progress we have seen in food in their children’s mouths? Ronald pore. The Republican leader is recog- Burma will last, but we are cautiously Reagan thought there were certain nized. optimistic. people who maybe need a little help SUU KYI GOLD MEDAL CEREMONY It is a great privilege to be able to and so we shouldn’t do that. I agree Mr. MCCONNELL. Madam President, honor this woman who has done so with Ronald Reagan. later today Congress will award the much for the Burmese people and for Would Romney raise taxes on middle- Congressional Gold Medal to Daw Aung the cause of democratic reform and class families stretching to afford dia- San Suu Kyi, a remarkably courageous human rights around the world. I am pers and day care at the same time? woman whose cause I have taken a par- also honored that Suu Kyi has gra- Would Romney raise taxes on Ameri- ticular interest in over the years. ciously agreed to speak about her in- cans with disabilities striving to live Suu Kyi’s story is so powerful it is al- credible journey and the cause of full and productive lives? Would Rom- most hard to believe it is all true. democratic reform and human rights at

VerDate Mar 15 2010 00:38 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.002 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6395 the University of Louisville next Mon- round himself or herself with the which he was critical of President day. I know the students and the larger wisest people in Christendom, to give Obama but also of Governor Romney. community there are all looking for- them advice on polling and media and Here is what Bill Kristol, one of the ward to her visit. analyzing the electorate and the right prominent conservative spokesmen in But for now, this is a truly special words to be said, that more so in a America, in response to Romney’s rev- day here at the Capitol. It has been a Presidential campaign than almost any elation at the Boca Raton fundraiser, long time coming. We are honored to others, by the end of the campaign, the wrote: have this hero with us today and de- American people know who you really It’s worth recalling that a good chunk of lighted to award her our Nation’s high- are. the 47 percent who don’t pay income taxes est civilian honor. The revelations into a person’s val- are Romney supporters—especially of course Madam President, I yield the floor. ues and character are not those well- seniors (who might well ‘‘believe they are en- titled to health care,’’ a position Romney RESERVATION OF LEADER TIME scripted ads or even those flowery speeches. The revelations come by ob- agrees with), as well as many lower-income The ACTING PRESIDENT pro tem- Americans (including men and women serv- pore. Under the previous order, the serving that person in good times and ing in the military) who think conservative leadership time is reserved. bad and perhaps hearing the unguarded policies are better for the country even if comments which give you an insight f they’re not getting a tax cut under the Rom- into what they think when the camera ney plan. So Romney seems to have con- VETERANS JOBS CORPS ACT OF is not on. tempt not just for the Democrats who oppose 2012 That is why this release of a video of him, but for tens of millions who intend to The ACTING PRESIDENT pro tem- Mitt Romney has had such an impact vote for him. pore. Under the previous order, the on America. What he said at a fund- End of quote from Bill Kristol. Senate will resume consideration of S. raiser in Boca Raton, FL, to some very This was a revelation into his values 3457, which the clerk will report by wealthy supporters on May 17, 2012, and his view of America. But it also title. bears repeating in specific detail. Here tells us that he does not understand The legislative clerk read as follows: is what he said: this country and the people who live in A bill (S. 3457) to require the Secretary of There are 47 percent of the people who will it. Because when we take a close look Veterans Affairs to establish a veterans jobs vote for the president no matter what. All at those in the 47 percent, here is who corps, and for other purposes. right, there are 47 percent who are with him, we find: the elderly, working families who are dependent upon government, who Pending: with children, and low-wage earners. believe that they are victims, who believe That is the 47 percent. Reid (for Murray) amendment No. 2789, in the government has a responsibility to care the nature of a substitute. The elderly. One in five of the elderly for them, who believe that they are entitled is in the 47 percent. These Americans Reid amendment No. 2808 (to amendment to health care, to food, to housing, to you- No. 2789), to change the enactment date. name-it. That that’s an entitlement. And the do not owe any Federal income tax be- Reid amendment No. 2809 (to amendment government should give it to them. And they cause of a longstanding policy choice No. 2808), of a perfecting nature. will vote for this president no matter what. that Social Security benefits—modest Reid amendment No. 2810 (to the language . . . These are people who pay no income tax. Social Security benefits—should not be proposed to be stricken by amendment No. . . . [M]y job— taxed. Does Romney oppose that? Does 2789), to change the enactment date. This is Mitt Romney speaking— he want to tax Social Security benefits Reid amendment No. 2811 (to amendment No. 2810), of a perfecting nature. is not to worry about those people. I’ll so these will be responsible nonvictims Reid motion to commit the bill to the never convince them they should take per- in his view of America? Committee on Veterans’ Affairs, with in- sonal responsibility and care for their lives. Now let’s turn to low-income work- structions, Reid amendment No. 2812, to It was a moment of candor by Rom- ing families with children. They make change the enactment date. ney in a room full of friends about his up approximately one out of six people Reid amendment No. 2813 (to (the instruc- view of America, and it has become the in the 47 percent. They benefit from tions) amendment No. 2812), of a perfecting centerpiece of this week’s debate in the the earned income tax credit. It was an nature. Presidential campaign, not just be- incentive for them to go to work. Real- Reid amendment No. 2814 (to amendment izing they do not make much money No. 2813), of a perfecting nature. cause he was caught in an off moment or with an embarrassing statement, working, we are going to give them a The ACTING PRESIDENT pro tem- but the fact that since then he has not break in the Tax Code to help them get pore. Under the previous order, the retracted, he has not backed off of by. time until 12 noon will be equally di- those statements. As the majority leader mentioned vided and controlled between the two In his first press conference, when earlier, this notion came out under leaders or their designees. confronted, he said he was ‘‘inelegant’’ President Ronald Reagan. It was Ron- The Senator from Illinois. in the way he spoke. Well, assuming ald Reagan who said, when he signed KNOWING WHO YOU REALLY ARE that he meant ineloquent and not lack- this into law in 1986, this will remove Mr. DURBIN. Madam President, Bill ing eloquence, I would say he has had ‘‘six million [poor] people from the in- Daley is a businessman in Chicago and enough time to develop an elegant come tax rolls,’’ making it one of the a friend of mine. A few years back he reply, and we have not heard it. most effective antipoverty programs in was the chairman of the Al Gore Presi- I think there is more truth than not our history.’’ dential campaign. We all know how the in what he says when it comes to his So these people are not paying campaign ended in the Florida recount. point of view of this country, and it is taxes—so-called victims, so-called irre- Bill was contacted several years later no surprise when you look back to sponsible, under Romney’s analysis. Is by those who wanted to run for Presi- those other unguarded moments and he suggesting the earned income tax dent. They made their trip to Chicago things he has said during the course of credit has to go? and asked Bill if he could give them the campaign. When you take a look at these people some insight into what it was all We remember the highlights. ‘‘Cor- who make up the 47 percent in Amer- about, how you would win. Bill said to porations are people, my friend,’’ he ica, you understand that many of them them, one and all, the same thing: I am said. ‘‘I like being able to fire people,’’ have paid their dues. Veterans on dis- not sure I have any special strategy to he said. ‘‘I’m not concerned about the ability may not be paying income tell you, but there is one thing I have very poor,’’ Romney said. ‘‘I’m also un- taxes. They are part of the 47 percent. discovered over the years. By the end employed,’’ Romney said. ‘‘Ann drives People who are middle-income working of the Presidential campaign, the a couple of Cadillacs,’’ Romney said. families, whose kids borrow money for American people will know who you ‘‘Ten thousand bucks? $10,000 bet?’’ he college are turning to the government really are. said. ‘‘I have some great friends that for help when they want to put their I thought that was very simply and are NASCAR team owners,’’ he said. kids through school to make sure they directly stated by Bill Daley and re- It was Bill Kristol who wrote re- have a better life. flected the fact that although every cently—I believe it was yesterday—in I close because I know I have my col- candidate at every level tries to sur- the Weekly Standard a response in leagues coming to the floor. There is

VerDate Mar 15 2010 00:38 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.004 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6396 CONGRESSIONAL RECORD — SENATE September 19, 2012 one thing that leapt off the page when Senator from Washington, would cause into now. It was voted on in favor by I read this quote from Boca Raton. It the underlying legislation to exceed Democratic and Republican leaders appears that Mitt Romney makes his the authorizing committee’s section alike. It was a bipartisan effort signed value judgments on Americans based 302(a) allocation of new budget author- by President Obama with the force of on their income tax returns. ity and outlays. Therefore, it violates law. That has more power than any Historically, American voters have the budget and I raise a point of order budget resolution. made a judgment on Presidential can- against this measure pursuant to sec- So, clearly, saying that we did not didates based on their income tax re- tion 302(f) of the Congressional Budget pass a budget resolution on its face is turns. The man who set the gold stand- Act of 1974. true, but to say that we are not bound ard that was followed for decades in The ACTING PRESIDENT pro tem- by rules when it is comes to spending is America in Presidential races was Mitt pore. The Senator from Illinois. to ignore the obvious—a budget control Romney’s father George Romney, Mr. DURBIN. Madam President, pur- act voted on by the leaders on both former Governor of Michigan. He dis- suant to section 904 of the Congres- sides of the aisle. closed 12 years of income tax returns, sional Budget Act of 1974, I move to The second question he asked is, are and he said: Do not just give me 1 year. waive the applicable sections of that we ignoring that spending restriction That does not tell me anything. One act for purposes of the pending amend- when it comes to those veterans pro- year might look good. Give me 12 ment, and I ask for the yeas and nays. grams, and why should we? years, and I can then decide whether The ACTING PRESIDENT pro tem- Well, first, the bill that is before us, this person is paying taxes as they pore. Is there a sufficient second? this Veterans Jobs Corps Act, is paid should and make a value judgment ac- There appears to be a sufficient sec- for. It does not add a penny to the def- cordingly. ond. icit. Well, the son did not learn from the The yeas and nays were ordered. The second question is, Well, why do father. Over the past 36 years, Willard Mr. SESSIONS. Madam President, I you need it anyway? Mitt Romney holds the distinction of will say to my colleague, I appreciate Have you noticed the veterans com- all Presidential candidates of either his eloquence and his advocacy. He ing home? Have you noticed the high political party of having made the gave us a real partisan speech this unemployment rate? Have you noticed least disclosure of income tax returns morning. I will just ask a few things of the problems they are facing when they of any Presidential candidate—1 year. one of our leaders in the Senate, Mr. bring home visible and invisible scars He promises another, but 1 year. DURBIN. from this war? Is it greater than we What did this 1 year reveal? It re- What about the responsibility of this thought we would face at this time? vealed he is the first Presidential can- body to pass a budget? We have not had Yes. Do we have an obligation to spend didate in the history of the United one in over 1,200 days. What about the this money regardless? Of course. Did States of America with a Swiss bank responsibility of this body to move ap- we not promise these men and women: account. I have asked business leaders propriations bills? Not one single ap- If you raise your hand and swear your across America, Why would you have a propriations bill has been advanced. allegiance to the United States and Swiss bank account? And while we are working on legisla- your willingness to risk your life, we I asked Warren Buffett—he is one of tion that could help veterans find will stand with you when you come the wealthiest men in our country— jobs—it will cost about $200 million a home. We will help you find a job. We have you ever had a Swiss bank ac- year—why has this body not brought will give you the medical care you count. He said: No, there are perfectly up the defense appropriations bill that need. good banks in the United States. funds the Defense Department at over We promised it. We are going to keep Then I asked business leaders—and $500 billion? We have not even brought the promise. seriously—Why would you have a Swiss it up for a vote, even though the House Now comes the Budget Act, and now bank account? Two reasons. You want has passed one. a technicality is being argued that to conceal what you have and the Why have we not brought up the de- maybe we cannot keep the promise. I transactions that lead up to you ac- fense authorization bill that passed the am going to vote to waive the Budget quiring it or, secondly, you believe the Armed Services Committee unani- Act because I stood on this floor with Swiss franc is a stronger currency than mously? I am a member of it. It has Democrats and Republicans alike, the U.S. dollar. I might add that Mitt been sitting here for months and not joined in the speeches, joined in the pa- Romney created a Swiss bank account been brought up. Why? Because we rades, joined in the flag waving saying under President George W. Bush’s ad- would have a debate, actually have how much we respect these veterans. ministration. some votes around here? But when it comes to spending the Secondly, the offshore tax shelters in So that is a problem I think we have money we promised them we would the Cayman Islands and Bermuda—why in this Senate, and I believe it is a seri- spend so they could become a vital part do you have those? To avoid tax liabil- ous matter. of America’s future, I am not going to ity in the United States. I was going to make some comments step back and hide behind the Budget I do not know what is in Mitt Rom- about the bill before us. Act. I am going to stand and make sure ney’s income tax returns. There must The ACTING PRESIDENT pro tem- that money is there, paid for, not add- be something in there he does not want pore. The Senator from Illinois. ing to the deficit, so that they have the America to see, because he is defying Mr. DURBIN. I will be brief. I thank help they need for the lives we prom- all the calls to go public with the in- the Senator from Alabama, my friend, ised them. come tax returns. for yielding the floor. He asks an im- I yield the floor. Are income tax returns important? portant question: Why has Congress The ACTING PRESIDENT pro tem- In Boca Raton he judged 47 percent of not passed a budget resolution in a pore. The Senator from Alabama. the American people based on their in- number of years? But he knows the an- Mr. SESSIONS. Madam President, I come tax returns. We should judge Mitt swer. The answer is because we did bet- thank my eloquent colleague. But we Romney based on his income tax re- ter than that. We enacted a statute, a do not have a budget. The law requires turns or his refusal to disclose them. law. A resolution is a message from one us to have a budget—passed decades Madam President, I yield the floor. house of Congress, back and forth, and ago. The Senate Democratic leader- The ACTING PRESIDENT pro tem- kind of binds us internally. A law ship, of which he is a part, said it was pore. The Senator from Alabama. signed by the President has the force of foolish to have a budget. They were not Mr. SESSIONS. Madam President, I law. It was called the Budget Control going to have one. We have not had one know my colleague, the Democratic as- Act. for 3 years. So it resulted last year in sistant leader, is here, and I will make The interesting thing about the a debate over raising the debt ceiling a budget point of order now because I Budget Control Act is it was written by because we had run up more debt than understand he would be objecting. Democrats and Republicans. It charts any time in the history of this Repub- Madam President, the pending the course of spending for 2 years, in- lic. And there was an agreement to amendment, No. 2789, offered by the cluding the one we are appropriating limit spending. It is not a budget. It

VerDate Mar 15 2010 00:38 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.005 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6397 sets a limit on spending—only on dis- he said before the Budget Committee, So I am worried about unemploy- cretionary spending, not on the 60 per- on which I am ranking member. Mr. ment. I am worried about it especially cent of the government otherwise on Bowles said this Nation has never been among veterans. And there are things which we spend money. It is inadequate on a more predictable financial crisis we can do. In an effort to find common and insufficient, and before the ink is path. That is what he said. If we con- ground, Senator BURR from North dry on it, we are back in here with a tinue at this rate, we are going to have Carolina, representing Fort Bragg, Democratic majority advocating legis- a financial crisis like 2007. Hopefully where I spent a summer, offered an al- lation that violates that cap. There is not if we can avoid it, but if we do not ternative bill, the Careers for Veterans no dispute about it. This is the eighth change what we are doing, we are going Act, which would help our veterans time we have raised budget points of to have one. He is absolutely confident find jobs while keeping the Federal order for violation of the agreement about it. He has repeated it. So has the budget under control and honoring the setting a cap on spending limits. So Federal Reserve Chairman, Mr. commitment we made last summer. It here we go again. Bernanke. He said: These numbers are can be done. This is not hard to do if Public opinion of Congress is lower not going to continue. If you do not you want to do it. today than at almost any time in his- change, we will have a crisis before we Since the Senate majority will not tory. According to the most recent get there. even allow a vote on any bill that Gallup Poll, only 13 percent of the pub- At the debt debate last summer— abides by the budget—Senator REID is lic approves of Congress’s actions. most Americans remember that; Con- obstructing the right of Members to Americans do not trust us. Why should gress should certainly remember it—we offer amendments to the bill—I have Americans trust us when we keep using finally reached an agreement that is raised a budget point of order against gimmicks and budget slights of hand to now being violated. We passed the Senator MURRAY’s substitute amend- hide more spending and drive this Budget Control Act last August at the ment. Sustaining this point of order country further into debt when we last minute, if you remember, to set will allow us to keep the promises make a promise by passing a law that strict spending limits over the next 10 made in the Budget Control Act that limits spending and then promptly vio- years. It created a super committee to Senator DURBIN talked about so proud- solve all of our problems, we hoped, or late that law within months of pas- ly—just stay within those promises. It if the committee failed, which it did, to sage? And, now, the Democrats will at- will allow us to continue to work on enact $1.2 trillion, at least, in cuts tempt again today to violate that law? this bill in a way that helps our vet- through sequestration. That would Why should the American people re- erans without adding more to our chil- raise the debt ceiling $2.1 trillion. We dren’s debt. It does not kill the legisla- spect an institution, such as this one, would have a net cut in spending of $2.1 that cannot adhere to a sound financial tion; it simply tells the sponsors: We trillion. The debt ceiling money gets are not going to do this until you get it course for America? spent now. We have almost added an- within the budget limits to which we On August 28, our country’s gross other $2.1 trillion to the debt since last agreed. And it can be done. Senator debt reached $16 trillion—$16 trillion— August. We are getting close to the BURR’s bill does it. It certainly can be over 100 percent of the entire gross do- debt limit again. But the cuts were done. mestic product of this Nation. It is a promised to be over 10 years. We will The Senate majority had the oppor- danger zone, according to every expert spend now, but we promise you we have tunity to write legislation complying who has testified. got a plan. We have a law that will with the spending limits set in the According to the Office of Manage- keep us on the right path over the next Budget Control Act. Instead, they by- ment and Budget’s latest mid-session 10 years. So the questions are: Are we review of our fiscal condition, our Na- spending at that limit? Will we stay passed the committee process. We have tion’s debt will increase $4.4 trillion there? not had any committee hearings on over the next 4 years, rising to over $20 Secondly, let me note parentheti- this legislation. And they have offered trillion. And in that period of time, we cally that the $2.1 trillion is not a substitute amendment that violates will virtually have doubled the entire enough in reduced spending projec- the Congressional Budget Act by in- debt of the United States since the tions. We are talking about reducing creasing mandatory spending $700 mil- Democrats took the majority in the projected spending rates—the in- lion over the Veterans’ Affairs Com- Senate and President Obama was elect- crease—not cutting spending $2.1 tril- mittee’s 302(a) allocation. ed—double the entire debt. And the lion. We are talking about cutting the Under the Budget Act, the committee course we remain on does not get bet- projected increase in spending. So at is given a certain amount of money to ter. These are their budget numbers. the current rate of spending—$3.7, $3.8 spend for veterans, and this amend- This is a course America is on, and we trillion this year—if you carry that out ment would violate that agreement. are not getting off of it. It is $1 trillion for 10 years, that would be $38 trillion. Specifically, the Murray amendment a year in deficits. The U.S. debt per Under the projections, we are to spend violates Section 302(f) of the Congres- household is now $137,000 per house- $47 trillion over the next 10 years—al- sional Budget Act by spending $61 mil- hold—up $80,000 since just 2002. While most $10 trillion more. All the Budget lion above the committee’s allocation Americans have tightened their budg- Control act says is: We are going to for 2013 and $480 million above the com- ets to make ends meet, Congress has spend $45 trillion rather than $47 tril- mittee’s allocation for 2013 through not passed a budget in 1,239 days. lion, that our spending would increase 2017. It would also spend $666 million Erskine Bowles, whom President from $37 trillion to $45 trillion. Can the above the committee’s allocation for Obama asked to chair the debt com- Republic sustain that? Is that going to 2013 through 2022. mission, noted recently—I saw him in a throw us into the ocean? Will we col- Surely, out of a budget that spends CNBC interview at a conference on lapse as a nation? Will children starve $47 trillion over 10 years, we can find July 12. He said: and people not get their Social Secu- $700 million in savings to pay for this bill. That is all that needs to be done If you take last year, 100 percent of our rity? Of course not. We will still be revenue came into the country . . . was spending more money. That is all the to ensure that the bill complies with spent on our—what’s called mandatory budget agreement called for, and we the Budget Act. As a result of exceed- spending and interest on the debt. Manda- are already waffling on that commit- ing the Veterans’ Affairs Committee’s tary spending is principally the entitlement ment that occurred last summer. allocation, the Murray substitute programs, Medicare, Medicaid, and Social So here we are. While our colleagues amendment violates Section 302(f) of Security. have offered well-meaning legislation the Congressional Budget Act. That That is what the tax revenue pays and something that we should work on has been discussed with Chairman CON- for. Everything above that is funded by to try to deal with the unfortunate in- RAD, the Democratic chairman of the borrowed money. That is what he said. crease in unemployment for our vet- Budget Committee. He acknowledges Is he correct? Absolutely. We are now erans—and we can help them, I truly that it does, and so does his staff. I am borrowing 40 cents of every dollar we believe—they have refused to go by the very confident that the Parliamen- spend. That is not sustainable. At that promises made under the Budget Con- tarian agrees and will rule that it vio- conference, Mr. Bowles repeated what trol Act last summer—flatly refused. lates the Budget Act.

VerDate Mar 15 2010 00:38 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.009 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6398 CONGRESSIONAL RECORD — SENATE September 19, 2012 Now the Senate majority plans to what they did: They moved a Social Se- and they do—to propose changes so have a vote to waive—to waive the curity check from this fiscal year to that the bill complies with the Budget promise they made to the American the next fiscal year. What was the re- Act. people to control spending just over a sult? It resulted in having a lot of We can still fix and pass this bill be- year ago. So that is the issue before us money to spend this fiscal year; right? fore we leave this week. It wouldn’t today. Do we take the bill and fix it so The CBO said we have more money be- take much time at all to fix this mat- it complies with the budget—which can cause we didn’t pay a Social Security ter. A vote in support of the point of easily be done because the substitute payment. They moved—delayed—it by order will protect the integrity of the Senator BURR has drafted does it—or 1 day. That is what they wanted to do, budget process. Supporting this point will we once again waive the promises to move it 1 day. But what happens to of order will allow us to change the un- we made last August and so proudly the next fiscal year? Is this really a derlying bill so that it is fiscally sound touted that we were going to cut $2.1 gain or a gimmick? It is a gimmick be- and complies with the spending levels trillion in spending. cause the next fiscal year we would we have agreed to. In effect, there is a tax increase, ar- need to make an additional Social Se- Unfortunately, while the Senate ma- gued with some validity, to pay for this curity payment in that budget year. jority refuses to allow a vote on a rea- bill. The bill uses a tax enforcement It is just a way to spend more today sonable veterans bill that complies measure to stop abuses by people who and push off the cost until tomorrow. with the Budget Act, they are neglect- don’t fully pay their taxes. This will That is what they did then, and that is ing the looming cuts that face our raise revenue, and, therefore, the bill is exactly what this is today. It is a military men and women on January 2, offset, and so we shouldn’t worry about smoke-and-mirror scheme used to 2013—the sequester. Given the events it. So here we have a new idea for help- avoid the rules in the Budget Act and happening around the world today, we ing veterans: We will raise taxes and the scorekeepers at the Congressional need to be very careful not to allow revenue and we pay for it. Budget Office. It being used to manipu- these kinds of cuts to take place in the But this is what is called tax and late the scoring for short-term gain. It first part of next year. There are var- spend. Tax and spend. We agreed to a simply speeds up the payments in the ious ways we could easily fix that, in limit on what we would spend. If we first 5 years so it appears we have more my opinion, but we will not even con- have discovered a method to collect money to spend. In reality, the gim- front the issue. The Senate majority more taxes or raise taxes to get more mick merely creates a hole in the has refused to address sequestration, revenue, that money, under our budget budget next year because the money which the Secretary of Defense—Presi- agreement last summer, is to be used that was expected to come in next dent Obama’s Secretary of Defense— to pay down the debt, not to take more year—now coming in this year—is not said would be catastrophic. Defense money to spend on a new program coming in next year. people have said it would hollow out today because we have more revenue to So this point of order is not a tech- the military. It is too rapid a bite, ac- spend. So that is a fundamental issue. nical issue, it is an issue of whether cording to the experts in the Obama Just because it is paid for does not this body will uphold its commitment administration and others, but no ef- mean we are not spending more than to the American people on how much fort has been brought forward to con- we agreed to spend. We very precisely money we are going to spend. Congress front that problem—to bring it up on are. agreed to certain spending levels in the the Senate floor and have a full debate Not only does the Murray amend- Budget Control Act. We voted on those about it. ment violate the Budget Act by spend- spending levels, and we should stick We can do a $200 million a year bill ing above agreed-to levels, but it also with those spending levels today. There that we spent a week or more on, but uses budget gimmicks—extraordinarily is no reason for us to violate that we have no time on the Senate floor really—to make the bill appear to be agreement. The point of order exists so dedicated to dealing with the seques- offset. This budget sleight of hand is that Congress cannot raise taxes and ter, which would take $500 billion out called a timing shift. What about this spend money over the agreed-to of the defense budget. This bill on the offset or pay-for idea? Let me discuss amount. The point of order requires 60 floor today would spend nearly $1 bil- that a moment. votes to waive, and it exists so the Sen- lion over 5 years above the budget. This is one of the issues that, if the ate does not succumb to political pres- What about the $500 billion in cuts American people fully understood it, sure to spend beyond our means. Real- that are looming right now in Janu- would outrage them. As a matter of ly, it is meant to try to stop spending ary? We need to wrestle with that and fact, it is probably part of why they are beyond our means. decide how we are going to confront not happy with us now because they The Senate majority was aware of that. It is not going to be easy. Maybe have seen so much of this. This is a re- the budget rules when they wrote this defense can sustain some more cuts, curring gimmick. If a CEO offered bill. They were aware of it. Instead of but I don’t think this much. They have stock based on this kind of promise of writing a bill that complied with the already taken $500 billion in cuts, and financial solvency they would go to Budget Act, they decided to go above this would be an additional $500 billion jail. It is as bogus as a three-dollar bill. the agreed-upon spending levels. Sen- in cuts. This is what it is. It shifts the payment ator BURR—a fine Senator—was also The Defense Department, under the of corporate income taxes 2 to 3 aware of the rules under the Budget plan today, which represents one-sixth months sooner so we can count it in Act and the spending levels set under of Federal Government spending, would this fiscal year. Specifically, this gim- the Budget Control Act. He drafted al- get half the cuts, and the remaining mick would collect additional revenue ternative legislation that complied five-sixths of the Federal Government over the 2013 through 2017 budget win- with the budget rules and that would would get the other half of the cuts. dow, which is the budget window they fund a veterans jobs program through This is disproportionate. It should not were trying to deal with since it vio- discretionary spending. have been part of the Budget Act. But lates the Budget Act over that 5 year Unfortunately, the Senate majority they slipped it in the dead of night, and period. So this was designed to cover took most of Senator BURR’s policy it came to the floor and people went up more spending. suggestions but did not keep the fiscal along with it so we would not hit the But think about it. It is exactly the discipline found in his bill. They will debt ceiling. But it is not good, and we same amount of less revenue that will not allow us to have a vote to aid vet- need to fix that, in my opinion. occur in the 2014 through 2018 budget erans within the spending agreement. House Republicans have confronted window. If we ask someone to pay their Contrary to what my friends on the this matter. They realized this was a taxes earlier, they do not owe it the other side of the aisle claim, this point problem, and they proposed a budget next year when we would otherwise ex- of order will not kill the bill. It only and a plan to replace and undo the se- pect to receive it. returns the bill to the legislative cal- quester and to do it in a way that made The height of this gimmick was dem- endar. It will remain right there on the sense without violating spending levels onstrated years ago when I first came calendar, but it will allow the people we agreed to last August. How many to the Senate. I was shocked. This is who support it, if they want it passed— proposals to fix this problem have we

VerDate Mar 15 2010 00:38 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.010 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6399 received from Senator DURBIN and Sen- can say? We can say: You don’t like enough. These layoffs that continue to ator REID? Zero. Nothing. They are not veterans. You don’t believe in honoring be announced almost weekly should doing anything but blocking any at- those who served our country. Do you spur us to extend the wind production tempt to bring up legislation that want to know the truth? That is what tax credit without any further delay. would fix it. has happened right here today, and it Jobs are at stake. It is that simple. That is why we don’t have a Defense is irresponsible. With many Americans already losing authorization bill, which came out of So let’s vote for Senator BURR’s bill. their jobs, more jobs are at risk—thou- my committee unanimously, the Let’s pass legislation that will help sands, literally—if we don’t act. Armed Services Committee. It has been veterans right now, or we are going to Here is my question: Why would we sitting here and not being brought up. send this bill back—I am confident—to forfeit leadership in an industry that is Why? Because if we do, we will have a see if they come up with some other poised to grow even further? There is discussion about the sequester and the plan that would be helpful to our vet- no reason we should cede leadership of Defense Department and the future of erans and their employment prospects this important industry to China or America, and they do not want that. without violating the Budget Act. anywhere else by letting the produc- The House passed the Defense author- I want to mention one more thing be- tion tax credit expire. If we commit to ization bill in May, and they passed the cause I think it is important. The two extending the PTC, we will then lead Defense appropriations bill in June. We largest veterans groups, the VFW and the world in wind power, and here is a have passed none of them, not even the American Legion, have said these part of why I come to the floor every brought them to the floor. things. Steve Gonzalez, assistant direc- day and talk about particular States. They want to attack Republicans as tor of the American Legion, said both There are few places that is more ap- not caring about our men and women bills, the Burr and Murray bills ‘‘have parent than in Wyoming. Wyoming has who serve our country. Yet we are try- ideas on how to get veterans quality phenomenal wind reserves. If you have ing to fix the sequester, trying to bring jobs,’’ and added that BURR’s version driven through Wyoming, you know up a Defense bill that will actually do stands a better chance of passing. what I am talking about. If you talk to some good and give a pay raise to our What about the VFW? In the Wash- anybody from Wyoming, they will al- men and women in uniform—a small ington Post today: ways ironically say: One of the things one, but a pay raise. So I am really dis- we have in excess in Wyoming is wind. ‘‘VFW supports concepts behind the Vet- The National Global Energy Lab appointed we haven’t brought up the erans Job Corps bill, but we have some con- based in Colorado estimates that Wyo- Defense authorization bill, which came cerns about the budgetary implications,’’ ming has enough wind power potential out of my committee. said Ryan Gallucci, deputy director of na- A few days ago—last week—Senator tional legislative affairs for the VFW. to meet 116 times the State’s energy needs. To put it another way, that is 25 MCCAIN spoke about this. He said: We don’t have to do it the way this Shame, shame, shame. Imagine that bill has come up. Senator BURR has of- million homes that would be powered for 51 years, every year, this Senate fered a very fine proposal that the by harnessing wind. Wyoming is well on its way to har- has passed the Defense authorization VFW and the American Legion seem to nessing its wind potential. Why? Al- bill. This will be the first time in 51 support. Let’s do that. Let’s do it that though it ranks 11th in the Nation for years we haven’t passed the Defense way and not violate our commitment installed wind power—which is not a authorization bill, and we have so to the American people to live within shabby number, frankly—there are many important issues related to our our means. I yield the floor. plans to nearly quadruple the amount Defense Department today. Nothing is of wind power in the State of Wyoming. more important than that. Yet we The ACTING PRESIDENT pro tem- pore. The Senator from Colorado. Not only would that create thousands spent a whole week, or the last few of jobs—that goes without saying—it PRODUCTION TAX CREDIT days, discussing a bill that could have would produce enough electricity to been agreed to just like that, with the Mr. UDALL of Colorado. Madam power 1.5 million homes. The construc- suggestions of Senator BURR, because President, I rise again this morning, as tion of those projects will create hun- we can’t wait to get out of this place. I have for a number of months, to talk dreds of nicely paying renewable en- This could have already passed, and we about the most important issue facing ergy jobs right in the State of Wyo- could have been dealing with these im- the American people and this Congress, ming. portant issues. I find it breathtaking, and that is jobs. It is no wonder then that the massive frankly. A good news story on the jobs front wind potential in Wyoming has also at- Let me just point out the bill is not has been our wind energy industry. The tracted investment for manufacturers. going to go through the House since it wind energy industry has created thou- To make that point, I want to share a violates the Constitution. There are sands of good-paying jobs, and it could development with you. revenue proposals in this bill. It will create thousands more. But the trou- Last year a plan to build the first not see the light of day in the House bling news that goes along with the wind energy manufacturing facility in because the Constitution says revenue good news is that the potentially Wyoming was announced. It was a joint bills must be generated in the House. bright future of this industry is uncer- venture between the Spanish wind So we have wasted all this time pro- tain. Why? Because we in the Congress manufacturer Gestamp and an Ohio- ducing a bill that cannot and will not are holding the wind energy industry based company called Worthington In- be received by the House. hostage because we have failed to ex- dustries. They formed a conglomerate Article 1, Section 7 of the United tend the production tax credit. called Gestamp Worthington Wind States Constitution says: As I have said every day I have been Steel. The companies announced they All Bills for raising Revenue shall origi- on the Senate floor since June to dis- would build a facility in Cheyenne, WY, nate in the House of Representatives. . . . cuss this topic, every day that we fail and there would be 150 good-paying This is a revenue bill. to extend the PTC for wind energy jobs attached to that facility. They So what has happened? Is it just an more jobs are put at risk. We have seen planned to invest $40 million in the idea? Let’s see, we don’t want to talk this unfortunate reality unfold across plant. But here is the twist: That about the Defense appropriations bill. the country as predicted, including in project has now been put on hold. We don’t want to talk about the De- my home State of Colorado, where over Those jobs and the millions in invest- fense authorization bill; it involves 100 people have lost their jobs. I don’t ment that were planned to be directed hundreds of billions of dollars. We have to tell my colleagues that when into Wyoming have been shelved. don’t want to talk about those, so let’s people lose jobs, those job losses nega- This isn’t an isolated incident. There bring up this veterans bill. We will tively affect families and the commu- are wind manufacturing facilities and bring it up even though it violates the nities where they live. wind projects across the country where Budget Act. And do you know what Just yesterday—it breaks my heart— we are seeing exactly the same thing those stupid Republicans will do? They Siemens Energy announced they are happening, and the reason is clear: un- will object and say it violates the going to lay off more than 600 people in certainty over the future of the produc- Budget Act. And do you know what we Iowa, Kansas, and Florida. Enough is tion tax credit. So our inaction in the

VerDate Mar 15 2010 00:38 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.012 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6400 CONGRESSIONAL RECORD — SENATE September 19, 2012 Congress is putting good-paying Amer- now supplies over 3% of U.S. demand and ac- Yet in the Senate we have done noth- ican jobs at risk and reducing opportu- counts for 35% of new power capacity in- ing to address the bigger problems fac- nities for further investments in this stalled in the last four years. In the seven ing the country. growing industry. There is just no rea- years that the PTC has been continuously in place, installed wind capacity has grown sev- Now we have a bill that has a budget son for it. The PTC has strong support enfold to nearly 47 Gigawatts representing point of order that is lying against it, from both sides of the aisle and from more than $79 billion in private investment. and the question is: Will we continue both Houses of the Congress. Of course, As Congress investigates ways to spur busi- the behavior that put our country in a broad array of groups in the private ness growth, we urge you to ensure an exten- the problems we are in today or will we sector support the wind energy indus- sion of the PTC. Failure to extend the PTC take a new track? try. for wind would tax our companies and thou- The desire to help veterans is a noble sands of others like us that purchase signifi- Yesterday, a group of businesses from desire, but there are a lot of points across the country wrote to leaders in cant amounts of renewable energy and hurt our bottom lines at a time when the econ- about this bill that the average Amer- the House and the Senate urging us to omy is struggling to recover. Extending the ican and the average veteran ought to bring up and pass an extension of the PTC lowers prices for all consumers, keeps be asking. There are also other ques- PTC as soon as possible. Businesses America competitive in a global market- tions, such as: What are the other such as Starbucks and Levi’s joined a place and creates homegrown American jobs. things we are doing for jobs for vet- diverse group of companies, including Sincerely, erans, and how well are they working. Colorado’s own Aspen Skiing Company Akamai Technologies, Annie’s, Inc., Aspen Skiing Company, Ben & Jerry’s, We have six veterans job training and New Belgium Brewery, in urging us programs. We already have a pref- in the Congress to work across the di- Clif Bar, Johnson & Johnson, Jones Lang LaSalle, Levi Strauss & Co, New erence across the Federal Government vide, work across the aisle, and extend Belgium Brewing, The North Face, for hiring veterans. We have SBA pro- the PTC. These companies understand Piney Bowes, Portland Trail Blazers, grams like crazy. We have contracting how positive the production tax credit Seventh Generation, Sprint, programs 8a and 8b. We have all these and our wind industry has been for Starbucks, Stonyfield Farm, programs, but not one hearing has been jobs, national security, and our clean Symantec, Timberland, Yahoo! held by the committee of jurisdiction energy economy. They made that case Mr. UDALL of Colorado. Madam oversight of the job training programs yesterday in their letter. President, as I conclude I want to re- or the other programs we have to en- I ask unanimous consent to have mind us that in August, before we ad- hance the economic well-being of our printed in the RECORD a copy of this journed for our month’s State work pe- veterans. letter. riod, our Senate Finance Committee So what we have is a bill that is There being no objection, the mate- passed legislation that would include brought to the Senate floor that has rial was ordered to be printed in the an extension of the production tax good intentions behind it but shows the RECORD, as follows: credit. I was encouraged to see that the absolute laziness of Congress in terms BUSINESS FOR INNOVATIVE committee bridged the partisan divide of digging things out. CLIMATE AND ENERGY POLICY, to advance what is really and truly a When the GAO issued its duplication Boston, MA, September 18, 2012. commonsense policy that will help our Re: Production Tax Credit for Wind Energy. report on the job training programs for American economy and our middle veterans, four of them do exactly the Hon. JOHN BOEHNER, class. Speaker of the House, U.S. House of Represent- same thing. None of them has a metric. We should build on what the Finance So we don’t know if they are working, atives, Washington, DC. Committee did and take up and pass Hon. NANCY PELOSI, and we haven’t held a hearing to find House Minority Leader, U.S. House of Rep- this legislation as soon as possible. The out if they are working. But what are resentatives, Washington, DC. longer we delay, the more jobs we put we doing? We are proposing another Hon. HARRY REID, at risk and the more our economic re- jobs program for veterans without hav- Senate Majority Leader, U.S. Senate, Wash- covery is at risk. ing done the serious work of how we in- ington, DC. It is very simple: The production tax vest $1 billion. Hon. MITCH MCCONNELL, credit equals jobs. We should pass it as Now, the other point that we should Senate Minority Leader, U.S. Senate, Wash- soon as possible. So, my colleagues, know is, we are spending $1 billion a ington, DC. let’s work together. Let’s find a path DEAR SPEAKER BOEHNER, MAJORITY LEADER year right now on veterans job training forward, and let’s pass this critical tax REID, MINORITY LEADER PELOSI, AND MINOR- programs. This bill has $1 billion over ITY LEADER MCCONNELL: As major U.S. em- credit as soon as possible. Madam President, I yield the floor, 5. The second point I would like to ployers and some of the largest non-utility make—and I think it was made by the purchasers of renewable energy, we urge you and I suggest the absence of a quorum. to extend the Production Tax Credit (PTC) The ACTING PRESIDENT pro tem- ranking member of the Budget Com- for wind energy before the end of the 112th pore. The clerk will call the roll. mittee—is there is no honest account- Congress. A failure to pass an extension will The assistant legislative clerk pro- ing in this bill regardless of the budget amount to levying a tax on companies com- ceeded to call the roll. point of order or the blue slip, the non- mitted to buying American energy and grow- The ACTING PRESIDENT pro tem- constitutionality of originating rev- ing the U.S. economy. In today’s economic enue bills in the Senate. There is abso- climate, a tax hike on American businesses pore. The Senator from Oklahoma. Mr. COBURN. Madam President, I lutely no transparency nor correctness buying American renewable energy is unwar- nor character nor integrity in the fi- ranted. ask unanimous consent that the order In the past decade American businesses for the quorum call be rescinded. nancing of this bill. When we find our- have significantly ramped up their purchase The ACTING PRESIDENT pro tem- selves $16 trillion in debt and we are of American wind energy. For consumers of pore. Without objection, it is so or- going to pay for another bill over 5 wind electricity, the economic benefits of dered. years by 10 years of change, we never the PTC are tremendous. Electricity rates, Mr. COBURN. Madam President, I get out of the problem. We make the which reflect marginal costs for power plant want to spend a few moments this problem worse. operations and fuel prices, consistently de- What are we doing and whom are we crease when wind enters the market. Be- morning talking about the budget cause wind prices can be locked in up front, point of order. But a bigger topic is we doing it for? Are we truly thinking businesses incorporating wind into their en- are going to have a vote at noon, and about veterans when we do not solve ergy portfolios are better equipped to hedge the question, in my mind, is: Will we at the bigger problems? We have the market volatility in traditional fuels mar- some point in the future recognize the manifest presence in this bill of the kets caused by supply shocks. We are con- hole we are in? very problems we say we need to be ad- cerned that allowing the PTC to expire will When I talk to individual Members dressing. Yet we are making them immediately raise prices for the renewable they all agree we are in a hole, we have worse with this bill. We are making the electricity we buy today. The PTC has enabled the industry to slash a problem, and it is getting ready to financial problems worse with this bill. wind energy costs—90% since 1980—a big rea- bite this country in ways that are un- I am befuddled and disappointed that son why companies like ours are buying in- imaginable in terms of its impact on we cannot, as a group of individuals creasing amounts of renewable energy. Wind the everyday citizens of this country. who all love this country very much,

VerDate Mar 15 2010 00:38 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.013 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6401 come together on some certain base- try. We are ignoring the real problems Senator brought out that there are al- line principles that we ought to be op- so we can create political contrasts for ready six programs for veterans now, erating under in the Senate. The first an election, all the while the country is and this would be a new one added to of those ought to be we ought to do sinking and sinking and sinking. it. nothing now that makes the problem What it is is a lack of leadership. We What is the Senator’s view of what a worse for our kids and grandkids. We can lead in the wrong direction, know- responsible Congress should do when are now over $200,000 per family of debt ing what the problems are and making we learn we are spending this much in this country. We are over $200,000—it mistakes, and we can be forgiven for money on these programs with their is actually about $225,000. Think about that. But when we know what the real own bureaucrats and so forth? Can we the median family income over the last problems are and we are ignoring them, do better? 4 years that has gone down 9 percent in that is an unforgivable failure of lead- Mr. COBURN. Absolutely. Let me this country, and we are going to make ership. That is where we find ourselves. give people some hope. VIRGINIA FOXX, sure it goes down even further if we I heard my colleague mention the De- a Representative in the House, who is continue to do what we are doing in fense authorization bill. There is abso- the chairman of the Subcommittee on this bill. We have gone from $54,900 me- lutely no excuse for us not to have Workforce and Labor, has passed a bill dian family to $50,200 in the last 4 passed a Defense authorization bill out of her committee that consolidates years, median family income, and we that gives the planning, the direction, 33 of those job training programs into have gas prices as high as they have and the commitment for this country’s 1, puts metrics on every one of them so ever been and we are going to perpet- future in terms of our defenses—the we will know if they are working and uate a system that says we are going to No. 1 priority for us as a Congress, ac- requires mandatory oversight of them. continue to make the problem worse, cording to the Constitution. Yet we The reason she did not do all 47 is 14 of not better. have not done that. We have made the them are not in her jurisdiction. There is also another little gimmick immediate political situation trump But add to it another $4 billion, and in this bill that if we were to do it in everything. That is the opposite of another 20-plus programs for the dis- private, we would go to jail for it; that leadership. It is actually cowardice, be- abled, so we actually have almost 70 is, we are going to charge corporations cause when someone is a leader and programs and $23 billion a year we are more income tax than what they actu- they duck the real problems in front of spending on job training, of which no- ally owe to get past 1 year, and then them, they take everybody down with body knows—as a matter of fact I know after the year is over, we are going to them—the well intentioned and the not they are not working. flip it back so we can say we paid for well intentioned. That is where we We actually released a report on job something when we did not. That vio- are—as a country, as a Senate—by not training in Oklahoma. We looked at lates all aspects of integrity and hon- addressing the real issues of this coun- every Federal job training and State esty. Do you know what the answer I try. job training program going on in Okla- hear as to why we are doing it? ‘‘Oh, we I don’t know what is going to happen homa. Do you know what works? Okla- have done that in the past.’’ It was not on the votes on this bill, but I know homa programs. Do you know what right in the past, and it is certainly what needs to happen in the Senate. does not work? Federal job training not right now to lie, to cheat, to be dis- There needs to be a renewed sense of programs in Oklahoma. honest about the accounting principles awareness of the real problems facing We have 1 city in Oklahoma that is surrounding this bill in terms of how this country and a redoubling of our 16,000 people, 17 Federal job training we pay for it because, in essence, it vio- commitment to shed partisan roles and centers, and an unemployment rate of lates pay-go—the very rule we said was get down to fixing the real problems in 4.7 percent; 17 different Federal agen- going to help us get out of our prob- front of us. Parochialism has no place cies in 1 city of 16,000 people with an lems that 67 times has been waived in in that discussion. The political ca- unemployment rate of 4.7 percent. the last 3 years. As a matter of fact, I reers of Members have no place in that What we are doing is employing people don’t know the last time a pay-go chal- discussion. The real future of our coun- in the job training industry—which lenge was not waived. try is at risk and we are, similar to the may be good if they are having results. The second principle we ought to be proverbial person with their head in But we have results that are untenable. dealing with is we ought to follow the the sand, ignoring that risk. The great- Job training is just one area of our rules we set up for ourselves that are est country in the world is on the prec- Federal Government. The GAO has re- supposed to discipline us in terms of ipice of falling, predicted long ago by leased reports on duplication. Their getting our country out of the prob- such people as John Adams and Thom- final report will come in February of lems which we are, regrettably, contin- as Jefferson—that the day would come next year, where they will have looked ually ignoring. If, in fact, we want to that we, in fact, would put the political at the entire Federal Government. help veterans get jobs, there are a lot ahead of the best interests of our coun- What we know right now is if we did of ways for us to do it. One is make try. That is what we are seeing played our work, the 100 Senators who care sure the job programs we have are out in Washington. That is exactly about our country did our work, over working—and they are not. If they are what we are seeing played out with the next 10 years we could save $200 bil- not working, why are we continuing to this bill. The American people deserve lion by eliminating duplication in Fed- spend $1 billion a year on them? No. 2, much better. eral programs—$200 billion. I said over create a level of confidence in this I yield the floor. 10 years; that is, $200 billion per year. country, by our own behavior, that we Mr. SESSIONS. Madam President, It is $2 trillion over 10 years. We could are actually addressing the real prob- before the Senator leaves, I would ask save over $200 billion per year. lems in front of the country rather him a question. And the reason I am We wouldn’t be having sequestration than the political dynamics of an elec- asking Senator COBURN about this is if we did our job, if we did our over- tion that says we want to do something because there is no one of these 100 sight, if we consolidated programs, and everybody in this Chamber knows, Senators here today who has spent made them transparent and made them even if we pass this bill, it is not going more hours, effort and time in dealing accountable and then put metrics on to accomplish anything because, in with the duplicative programs of the them to see if they were working and fact, it has a blue slip against it be- Federal Government than Senator then did oversight to see that they are cause of the Constitution. COBURN. He has brought up these issues working. We would not be in sequestra- On Monday mornings when I get up— time and again. tion. We would not have near the prob- I get up about 4:30 to catch a flight to I just ask, according to the GAO, in lems we have today. But the failure is come back here—I have noticed I have 2009, Senator COBURN, I understand us. The Congress has failed to do its an attitude problem. I don’t want to that 9 Federal agencies spent $18 bil- job. come anymore. The reason I don’t want lion to administer 47 job training pro- The consequences will not be borne to come anymore is because we are not grams. The Senator has looked into by us. The consequences will be borne doing anything to address the real that. I know I have heard him speak on by the son of my health LA who was problems that are in front of our coun- that specifically. I was surprised the just born, by my new grandson who is

VerDate Mar 15 2010 01:06 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.015 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6402 CONGRESSIONAL RECORD — SENATE September 19, 2012 now almost 7 weeks old. That is who is pened to be a proposal coming out of common sense. As a matter of fact, we going to pay the consequences—the the White House and is brought to the got that through the Senate unani- children of this country—when we fail floor by this Senator from Florida, are mously and it was signed into law. The to do our jobs. not going to support it, and they are bill recognized that a veteran gets all I appreciate the Senator’s leadership. going to kill it on a technicality by de- of this specialized training and they I am going to support his point of nying us 60 votes in order to waive the ought to be able to utilize that train- order. It is the right thing to do. I did budgetary point of order. That is the ing without having to go through all not even talk about the areas he talked bottom line. That is what is going on the retraining and the relicensing. We about in terms of—we set up this budg- here, and it is sad. Yet that is what is could do that—and what we passed is et agreement for 2 years. I will tell you happening. now law—we could do that in Federal what, the CR coming—this is the irony Look at the votes in the last week. employment where there is a similar of all ironies. Had we not had that We passed the motion for cloture on kind of requirement. budget agreement and we did a CR, we the motion to proceed by 95 to 1. What is in this bill is to do that for would spend $2.6 billion less next year Doesn’t that tell us something? Then the State occupational requirements; if we had a clean CR than under the we had the second procedural vote to take a veteran who has a military Budget Control Act we passed. By which was 84 to 8. All we need is 60 discipline—a specialty—as that veteran doing the Budget Control Act, we are votes to get over this hurdle and to get is applying for a private sector job that actually going to spend more money to the bill and then probably pass it by happens to be covered by State law on than we did last year. unanimous consent because everybody the occupational requirements and re- So everything is upside down in agrees with the substance of the bill. It quirements of licensing, that it is a Washington because everything is po- is clear that commonsense legislation consideration, instead of the veteran litical or parochial and nobody is that has bipartisan support is getting having to go through all of that again. thinking long term about the big prob- thwarted in this Chamber. We all know That makes common sense. lems facing our country. how important it is to help our vet- That particular idea was offered by I yield the floor. erans find work as they return home. the Senator from Arkansas, Mr. PRYOR, Mr. SESSIONS. Madam President, I Does the Senator from Oklahoma and it is a part of the bill. Also, Sen- thank the Senator from Oklahoma. He want to ask a question? The Senator ator MURRAY, who is here on the floor served on the debt commission. He is from Oklahoma knows my respect for and who is the chairman of the com- steeped in the challenges facing our him and my personal friendship for mittee, reached out and incorporated a country and he is working hard to fix him. I admire the Senator for the cou- number—and she can address that—of our problems. rageous stance he takes. But I hope the the different bipartisan ideas and not I salute Senator BURR for coming for- Senator from Oklahoma understands— just my idea, which is the one I was ward with a proposal that helps vet- and I respectfully say that—for a need talking about wherein veterans can erans while abiding by the rules set so great as unemployed veterans, this have employment up to a year—but so forth in the Budget Act. Regretfully, I is not the time to draw a technical line many others that are incorporated into think we will end this matter today, on a budget. I would earnestly and re- the bill that came out of committee. the legislation that is coming forward, spectfully request of my friend that So we already did something about through the budget point of order. this be one of the considerations he matching civilian requirements, albeit I thank the Chair and yield the floor. would make. what was signed into law was just with The ACTING PRESIDENT pro tem- Does the Senator wish to engage in regard to Federal employment. pore. The Senator from Florida. any conversation? If not, I will com- Also, last year we passed a bill that Mr. NELSON of Florida. Madam plete my remarks. granted tax benefits to companies that President, the Senator from Alabama The ACTING PRESIDENT pro tem- hire wounded warriors. Of course, we knows the personal friendship we have pore. The Senator from Oklahoma. know what inspiration all the rest of and my high regard for him and the Mr. COBURN. Madam President, I us take from the wounded warriors. privilege I have had working with him would ask to have a back-and-forth The Senator from Oklahoma and I from over the years. It has been a working real debate on this, recognizing us time to time go to Bethesda to what relationship. both, with the Senator from Florida used to be called Bethesda Naval and Regardless of what one feels about a controlling the time, if he has no dif- now is the combined, all-military serv- budget and a budget point of order, we ficulty agreeing with that. ices Walter Reed. For every one of us are talking about a technicality to kill One of the reasons I came out is I who goes out there and suddenly sees a bill to help unemployed veterans at a don’t agree with the substance of this these veterans coming in who are on time they desperately need help be- bill and I don’t want the Senator from these new kinds of computer-controlled cause they are coming back from Iraq Florida to make a statement on the prostheses where they can actually and Afghanistan and they can’t find floor that everybody agrees with it. We walk and run, even when their leg has work. Until we come out of the reces- have six veterans job training pro- been blown off above the knee, it pulls sion—and the recovery is under way, grams that nobody is overseeing. No- at our hearts and yet we are so glad but veterans have a higher percentage body knows if they work. that technology has moved forward. of unemployment and especially vet- Mr. NELSON of Florida. OK. Then But those same ladies and gentlemen erans under age 24 have an even higher what I would suggest to my friend—and need jobs. Until the recovery is com- percentage of unemployment. So what he knows he is my friend—if we have a plete, they are having difficulty. That we have is a piece of legislation to give difference of opinion, I respect that, is why I filed this bill. The chairman of an employment cushion for veterans and I would like him to share that. I the committee and the ranking mem- for at least a year, until they can find wish to complete my very brief state- ber have done their best to work across employment in the private sector. ment and then the Senator from Okla- the aisle. This is employment to do things we homa may make whatever statement Veterans don’t care to hear about need, since so many of our national re- he wishes to make. why we can’t help them. They don’t sources, such as parks and emergency The unemployment rate among vet- care to hear about technicalities of a responders and firefighters and police, erans returning from Iraq and Afghani- budget point of order. They want our need help. Look at all of the deteriora- stan is hovering around 11 percent, and country to support them in the way tion in the national parks. This would for those unemployed veterans age 24 they have supported us, and that is an be an opportunity to employ those vet- and less it is even higher. We have obligation. A lot of us in this Chamber erans and to employ them up to a year. taken steps to combat this problem. have served in the military. I think it Everybody knows this makes common This past summer we passed legislation is engrained in every Senator here that sense and it is the right thing to do. that will help veterans get Federal oc- we have an obligation to those who What is happening is the folks on cupational licenses when their military have served this country. that side of the aisle, because we are in training matches civilian require- This effort here today that we are an election year and because this hap- ments. That made sense. That made going to vote on in 20 minutes has

VerDate Mar 15 2010 01:06 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.016 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6403 broad support from veterans and police Mr. COBURN. If I could finish. Since we have the character? Do we match organizations. The Disabled American the other side has the last 7 minutes, I the valor, honor, and integrity of the Veterans, the Military Officers Asso- will be finished well before then. people who serve this Nation in the ciation of America, the National Asso- We are going to say the financial Armed Forces with our willingness to ciation of Police Organizations, and condition of the country does not mat- sacrifice our political careers to do the American Legion all support it. ter. We are going to say it does not what is in the best long-term interest The Iraq and Afghanistan Veterans of matter the $1 billion a year we are of the country? America have called and pleaded for its spending already on veterans job train- They set the example for us. The immediate passage. They know why: ing programs. It does not matter. We question is whether we will follow their Because of their veterans’ need to are going to say here is a year’s pro- example. know that Congress has their back. gram for jobs for 20,000 veterans and I yield to my friend from Florida. So I would make a plea to the Sen- that is going to trump everything else. The ACTING PRESIDENT pro tem- ate. We just need a few votes from that You would not have any objection pore. The Senator from Florida. side of the aisle to get to the threshold from this Senator if you actually real- Mr. NELSON of Florida. Madam of 60 to waive the technicality of the ly paid for this, No. 1, if you did not President, before the chairman of the budget point of order. violate pay-go and you truly did it in a committee uses the time reserved for I look forward to the comments of way that oversighted the present job her, I wish to respond to my friend my friend, the Senator from Oklahoma. training programs we have and you from Oklahoma—and he is my friend— Madam President, since the time is truly did it in a way that matches the by telling him why I think he is wrong controlled over here, I reserve the final integrity and honor of our veterans. on this issue and telling him by way of 7 minutes for the chairman of the com- But we did not do that. No. We played a compliment to him because the Sen- mittee. ator from Oklahoma and I, the Senator The ACTING PRESIDENT pro tem- games. We played games with budget from Florida, had worked together, he pore. Without objection, it is so or- rules. We played games with pay-go. dered. We did not do any oversight. We did being much more prominent in the ef- Mr. NELSON of Florida. I yield the not even have a hearing. There was no forts, to bring the budget under control floor. hearing on this bill. 1 year ago. The ACTING PRESIDENT pro tem- You took Senator BURR’s sugges- In having discussions across the pore. The Senator from Oklahoma. tions, which were common sense, and aisle—often private discussions—what Mr. COBURN. Madam President, my applied it broadly across the govern- started as a rump group known as the colleague from Florida raises some ment. But we did not match the honor Gang of 6 that grew and blossomed into good points about us wanting to help and integrity and valor and purpose. what, in effect, became a group of 45— our veterans. I don’t think there is When I meet with veterans in townhall and I think that was the number of us anybody who does not recognize their meetings, I ask them why they serve. who stood in the Senate Press Gallery significant sacrifice. As a matter of Do you know what they tell me? Be- in the summer 1 year ago; it was the fact, it was not long ago that the 45th cause this is the greatest country the summer of 2011—and we said we wanted from Oklahoma lost 17 people in Af- world has ever known and they want to a big $4 trillion-plus budget deficit, and ghanistan and hundreds were wounded. keep it that way. we pointed out ways we could get The real question is: how do we help What we are doing today does not there. them the best? How do we really help keep it that way. It perpetuates the Indeed, what this Senator has said— veterans? We are going to have plenty same problems that created the very and I have heard other Republican Sen- of opportunities to say there is a rea- dangerous situation this country is in. ators who feel and have said very close son to not do the right thing for the So when we make a claim about that to identical things publicly; and I will long-term best interests of our coun- everybody agrees with this bill, I just name one and that is Senator LINDSEY try. wish to say I do not agree with the bill. GRAHAM and he stated it on ‘‘Meet the We have never found ourselves in the There are a whole lot of ways to help Press’’ a couple months ago—that the predicament we find ourselves in today veterans that are better than this, that way we get there is producing revenue in terms of our financial exposure and give them a permanent job. We passed through reform of the Tax Code by the real risk to the veterans who have the post-9/11 GI bill; right? They can going after all the tax preferences jobs today—which nobody is talking get paid a stipend while they go to col- which have ballooned out of control about but the real risk for them. Be- lege to learn a new skill, the same as a since the last tax reform bill in 1986, cause when this thing goes down—and I noncom officer. They get paid for the that this Senator, then a young Con- am talking about the financial collapse books and tuition and everything else gressman, voted for, to the point that of this country—when it happens, those so they can become whole as they learn tax expenditures, tax preferences are who have jobs who are veterans today a skill. We have the capability for now $14 trillion over 10 years. A lot of are going to lose them. So there could studies while we are in the military. them have outlived their usefulness. be no more noble cause than to make We have six separate job training pro- For a lot of them, their special inter- an exception for veterans, except that grams that we are spending $1 billion a ests or sponsors would tell us: We is not what the Senate does. We make an exception every time—every time. year on. would not want that if we could have a Here is the question for my friend: The best way to help veterans is to certainty of a lower rate. Under what system of values, honor, fix this country’s economic situation Therefore, we have said many times and integrity did these veterans serve? to create opportunity, and they will fly on this floor and in public statements, The highest and noblest of honor and because they have already proven they we can take tax preferences, restrain integrity, without a doubt. have the initiative, the strength, the them, and use that revenue to do two They put their life on the line so I do moral courage, the integrity, and the things: lower everybody’s tax rates, in- not have to, so my adult, mature chil- valor to accomplish anything they cluding corporate, streamline the Tax dren in their thirties and forties do not want to accomplish. Code by getting all this underbrush of have to. The difference is, what they So I am in disagreement with my preferences out of the way, and then put their life on the line for was to en- friend. I think we have a political de- use the rest of the revenue to lower the sure that the freedom and liberty and vice in front of us, and I am going to be deficit. vibrancy of this country goes forward. very interested to see the character of I suspect the Senator and I feel very We are taking a little pocketknife to the Senate on whether it succumbs to similar about that issue. So when he one of the legs of the three-legged stool the parochial and political over the talks about reforming the spending with our actions and slowly nibbling best long-term interests of the coun- process, the fiscal process which in- the support of that leg. We are taking try. If it does, it just proves that the cludes the revenue process of this coun- it away by our very actions. Senate needs to be changed to truly ad- try, then I think we have grounds for Mr. NELSON of Florida. Madam dress the real problems in front of our significant agreement, and I would President, I would like to respond to country. That is what it is going to hope we are going to address that in my friend. prove, regardless of the outcome: Do the lameduck session that starts.

VerDate Mar 15 2010 01:06 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.018 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6404 CONGRESSIONAL RECORD — SENATE September 19, 2012 My plea is that we do not take it out, every effort we make to improve the It is no secret that this is not the in this particular case, on something lives of our veterans going forward. easiest time of year to get a bill that can be done immediately for vet- In fact, just last week we held a passed. erans in need returning home from Iraq markup in the Veterans’ Affairs Com- It is too easy to point to the calendar and Afghanistan. mittee. We passed a slew of bills in a here and level accusations about poli- Mr. COBURN. Will the Senator yield bipartisan fashion. Those were very im- tics against one another. But in my for a question? portant bills to improve mental health two decades working on veterans issues Mr. NELSON of Florida. Of course. access, to give students new tools so here in the Senate, I have seen vet- Mr. COBURN. Through the Chair, I they can maximize their GI benefit, erans issues rise above politics time would ask the Senator, how did he vote and, importantly, it would give vet- and again, even when it seemed our on the tax extender package coming erans who have lost their ability to backs were against the wall. I have out of the Senate Finance Committee? start a family access to fertility serv- seen Democrats and Republicans come Because that is the real test of whether ices. All those bills, under this, would together, and they have done so be- the Senator wants to reform the Tax be subject to a point of order, as would, cause there is one group of Americans Code. As I recall, the Senator voted for of course, countless other bills intro- who do not care about the calendar or it and I voted against it. There is a duced by Senators on both sides of the how many days we are out from an very big difference. aisle. There is no end in sight, I would election; that is, our unemployed vet- The ACTING PRESIDENT pro tem- tell everyone, for how long this point erans. What they care about is finding pore. The Senator’s time has expired. of order could be raised. work in their communities, finding Mrs. MURRAY. Madam President, I We have to consider, as we vote, the work that gives them the self-esteem would remind all the Senators, we are lasting effect of this vote that we are they need today, and finding work that here on the floor on a very important about to take. We should all consider helps them provide for their loved ones. bill on the Veterans Jobs Corps, and I the fact that veterans are watching We can do that today. wish to thank my colleague from Flor- this vote very closely. (Mr. FRANKEN assumed the Chair.) I urge my colleagues to join with us ida, Senator BILL NELSON, for his tre- in waiving this point of order, to join mendous leadership and passion on the Mr. President, this is a bill that has been endorsed by the American Legion with us in telling our veterans we are issue of making sure our veterans get not done investing in their care and back to work, at a time when they and by the Iraq and Afghanistan Vet- erans of America. They know, as I do, benefits, not by a long shot. Join with have a 20-percent-plus unemployment us in moving forward with a bill that is rate, and for his work on this bill as we neither party has a magic bullet for this problem of employment, and we paid for, that will not add to our def- move to this point. icit, and that should not be killed by I have been listening to the debate on should be taking good ideas from both sides of the aisle, which is exactly what procedural games. Join with us in put- this bill, and what I have heard are ting veterans above political obstruc- some pretty weak arguments against we have done with this bill that is be- fore us. This bill includes 12 different tionism and back to work. the merits of this legislation. I have I yield the floor and yield back any heard we have not held hearings on the provisions to help create veterans jobs. Eight of them are ideas that have come time that remains. employment or on the provisions of from Republicans. In fact, to make this The PRESIDING OFFICER. Under this legislation. the previous order, the question is on The Senators who spoke may not bill even more inclusive and more bi- agreeing to the motion. have known—they are not on our com- partisan, we took Senator BURR’s en- tire alternative bill and added it to our The yeas and nays have previously mittee—but, indeed, we have had hear- bill. been ordered. ings on employment both last year and At every turn we have sought com- The clerk will call the roll. this year and on this bill. Veterans promise. But instead of meeting us The bill clerk called the roll. groups and the VA at multiple hear- halfway, we have been met with resist- Mr. KYL. The following Senators are ings, in fact, have had multiple oppor- ance. Instead of saying yes to nearly 1 necessarily absent: the Senator from tunities to give their views. The COPS million unemployed veterans, it seems Oklahoma (Mr. INHOFE) and the Sen- and SAFER Grant Programs in this that some on the other side of the aisle ator from Illinois (Mr. KIRK). bill have been around for years, and we have spent the last week and a half The PRESIDING OFFICER. Are there know they work. seeking any way to say no. On the point I heard reiterated here, any other Senators in the Chamber de- It does not have to end this way for siring to vote? that the bill was not paid for, violated our unemployed veterans. We can join pay-go, as all bills that come before the The yeas and nays resulted—yeas 58, together and pass this bill. nays 40, as follows: Senate, this bill is fully paid for. It Mr. President, as you have heard me does not violate pay-go rules. say, our veterans don’t ask for a lot. [Rollcall Vote No. 193 Leg.] We are going to have a vote shortly My own father never talked about his YEAS—58 on a point of order on this bill. A vote service. The veterans whom I meet Akaka Hagan Nelson (NE) to support the point of order, plain and across the country do not want to be Baucus Harkin Nelson (FL) simple, says we spend enough now on Begich Heller Pryor seen as dependent on government. But Bennet Inouye Reed our veterans. we owe them more than a pat on the Bingaman Johnson (SD) Reid That is what it says: We spend back, sending them out to the world Blumenthal Kerry Rockefeller enough on our veterans. A vote to sup- when they come home. We owe them Boxer Klobuchar Sanders Brown (MA) Kohl Schumer port this point of order says that de- more than bumper stickers and plati- Brown (OH) Landrieu Shaheen spite the fact that we have paid for this Cantwell Lautenberg tudes. We owe them more than proce- Snowe Cardin Leahy bill, despite the fact that one in four of dural roadblocks, which is what we will Stabenow our young veterans is out of work, de- Carper Levin vote on shortly, that will impede our Casey Lieberman Tester spite the fact that veteran suicides are ability to provide them not only help Collins Manchin Udall (CO) outpacing combat deaths, and despite now but into the future. Conrad McCaskill Udall (NM) the fact that more and more veterans We owe them action. We owe them Coons Menendez Warner Durbin Merkley Webb are coming home today, we are not real investments that will help them Feinstein Mikulski Whitehouse going to invest in those challenges. It get back to work, and that is what this Franken Murkowski Wyden says we have done enough. legislation does. It does so because put- Gillibrand Murray This point of order puts a price on ting our servicemembers back to work NAYS—40 what we as a country are willing to is a cost of war. Putting our veterans Alexander Coats Enzi provide our veterans and says we are back to work is a cost of war, just like Ayotte Coburn Graham not going to do a penny more. It is a their health care and benefits. It is Barrasso Cochran Grassley point of order that not only will kill part of what we owe the less than 1 per- Blunt Corker Hatch Boozman Cornyn Hoeven our ability, I will tell my colleagues, to cent of men and women who sacrificed Burr Crapo Hutchison pass this bill, but it will also affect for the 99 percent who did not. Chambliss DeMint Isakson

VerDate Mar 15 2010 01:06 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.019 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6405 Johanns Moran Shelby The PRESIDING OFFICER. Without Heller Lieberman Rockefeller Johnson (WI) Paul Thune objection, it is so ordered. Hoeven Lugar Sanders Kyl Portman Toomey Hutchison McCaskill Schumer Lee Risch Vitter Mr. REID. Mr. President, per our pre- Inouye McConnell Shaheen Lugar Roberts Wicker vious consent agreement which is now Isakson Menendez Stabenow McCain Rubio before the Senate, we will have the clo- Johanns Merkley Tester McConnell Sessions Johnson (SD) Mikulski ture vote after the caucus lunches, at Thune Johnson (WI) Murkowski Udall (CO) NOT VOTING—2 Kerry Murray 2:15 p.m. today. Udall (NM) Inhofe Kirk Klobuchar Nelson (NE) Warner f Kohl Nelson (FL) Webb Mr. FRANKEN. On this vote, the Kyl Portman yeas are 58 and the nays are 40. Three- RECESS Landrieu Pryor Whitehouse fifths of the Senators duly chosen and Lautenberg Reed Wicker The PRESIDING OFFICER. Under Wyden sworn not having voted in the affirma- Leahy Reid the previous order, the Senate stands Levin Roberts tive, the motion is not agreed to. The in recess until 2:15 p.m. today. NAYS—22 point of order is sustained, and the Thereupon, the Senate, at 12:35 p.m, amendment falls. recessed until 2:15 p.m., and reassem- Barrasso Graham Rubio Under the previous order, the cloture Boozman Grassley Sessions bled when called to order by the Pre- Coburn Lee Shelby motions with respect to amendment siding Officer (Mr. SANDERS). Collins Manchin Snowe No. 2789 and S. 3457 are withdrawn and Corker McCain Toomey f the bill will be returned to the cal- Crapo Moran Vitter DeMint Paul endar. MAKING CONTINUING APPROPRIA- Enzi Risch The majority leader. TIONS FOR FISCAL YEAR 2013 Mr. REID. Mr. President, I now move NOT VOTING—2 to withdraw my motion to proceed to CLOTURE MOTION Inhofe Kirk Calendar No. 499. The PRESIDING OFFICER. Under The PRESIDING OFFICER. On this The PRESIDING OFFICER. The Sen- the previous order, pursuant to rule vote, the yeas are 76, the nays are 22. ator has that right. The motion is XXII, the Chair lays before the Senate Three-fifths of the Senators duly cho- withdrawn. the pending cloture motion, which the sen and sworn having voted in the af- f clerk will state. firmative, the motion is agreed to. The legislative clerk read as follows: MAKING CONTINUING APPROPRIA- The Senator from Montana. CLOTURE MOTION TIONS FOR FISAL YEAR 2013 THE FARM BILL We, the undersigned Senators, in accord- Mr. BAUCUS. Mr. President, 3 Mr. REID. Mr. President, I now move ance with the provisions of rule XXII of the months ago the United States Senate to proceed to Calendar No. 511, H.J. Standing Rules of the Senate, do hereby came together and passed a full 5-year Res. 117, which is the continuing reso- move to bring to a close debate on the mo- farm bill. We did not kick the can down tion to proceed to calendar No. 511, H.J. Res. lution. the road. We passed a bill, working to- The PRESIDING OFFICER. The 117, a joint resolution making continuing ap- gether, that provides the certainty clerk will report. propriations for fiscal year 2013, and for other purposes. America’s farmers and ranchers need The bill clerk read as follows. Harry Reid, Daniel K. Inouye, Patty to continue supporting rural jobs and A resolution (H.J. Res. 117) making con- Murray, Bernard Sanders, Jeanne Sha- putting food on our tables. So there is tinuing appropriations for fiscal year 2013, heen, Richard J. Durbin, Sheldon absolutely no excuse for Congress to and for other purposes. Whitehouse, Debbie Stabenow, Ron adjourn without sending this bill to the CLOTURE MOTION Wyden, Max Baucus, Mark Pryor, President’s desk to be signed into law. Mr. REID. Mr. President, I am mo- Christopher A. Coons, Jon Tester, Mi- Still, because the House refuses to even mentarily going to send to the desk a chael F. Bennet, Kay R. Hagan, Robert bring this bill up for a vote, it looks as cloture motion that I will ask be re- P. Casey, Jr., Richard Blumenthal, though that is exactly what is going to ported. But prior to that, I am filing Barbara Boxer. The PRESIDING OFFICER. By unan- happen. It is shameful. cloture. What a shame. Why would we Passing the bill in the Senate was have to file cloture on the continuing imous consent, the mandatory quorum call has been waived. not easy; everyone had to make a com- resolution? It is absurd. But I will go promise. But the farm bill touches on through the process and do it. I think The question is, Is it the sense of the Senate that debate on the motion to the lives of millions of Americans in it is just such a shame. every single State. It is too important I have a cloture motion at the desk, proceed to H.J. Res. 117, a joint resolu- tion making continuing appropriations not to act. and I ask that it be reported. The Senate’s farm bill is true reform. The PRESIDING OFFICER. The clo- for fiscal year 2013, and for other pur- We cut the deficit by more than $23 bil- ture motion having been presented poses, shall be brought to a close? lion over 10 years. We streamlined pro- under rule XXII, the Chair directs the The yeas and nays are mandatory grams to make them more efficient. clerk to read the motion. under the rule. The clerk will call the We went back to the drawing board on The bill clerk read as follows: roll. commodity programs and created a CLOTURE MOTION The legislative clerk called the roll. true safety net—one that works for We, the undersigned Senators, in accord- Mr. KYL. The following Senators are America’s farmers as well as for the ance with the provisions of rule XXII of the necessarily absent: the Senator from taxpayers—again, cutting the farm Standing Rules of the Senate, do hereby Oklahoma (Mr. INHOFE,) and the Sen- move to bring to a close debate on the mo- program by $23 billion. ator from Illinois (Mr. KIRK). The House Agriculture Committee tion to proceed to calendar No. 511, H.J. Res. Further, if present and voting, the 117, a joint resolution making continuing ap- pushed out a bipartisan farm bill as propriations for fiscal year 2013, and for Senator from Oklahoma (Mr. INHOFE) well. I give the House Agriculture Com- other purposes. would have voted: ‘‘yea.’’ mittee a lot of credit. It is no secret Harry Reid, Daniel K. Inouye, Patty The yeas and nays resulted—yeas 76, that there are differences, but even to Murray, Bernard Sanders, Jeanne Sha- nays 22, as follows: begin working out those differences the heen, Richard J. Durbin, Sheldon [Rollcall Vote No. 194 Leg.] Whitehouse, Debbie Stabenow, Ron House needs to catch up, because de- YEAS—76 Wyden, Max Baucus, Mark Pryor, spite having a bipartisan farm bill that Christopher A. Coons, Jon Tester, Mi- Akaka Brown (MA) Conrad passed the House Agriculture Com- chael F. Bennet, Kay R. Hagan, Robert Alexander Brown (OH) Coons mittee, the House leadership is refus- P. Casey, Jr., Richard Blumenthal, Ayotte Burr Cornyn Baucus Cantwell Durbin ing to take it up. Barbara Boxer. Begich Cardin Feinstein This isn’t my first farm bill. I can Mr. REID. Mr. President, I ask unan- Bennet Carper Franken tell my colleagues from personal expe- imous consent that the mandatory Bingaman Casey Gillibrand rience that this action in the House Blumenthal Chambliss Hagan quorum required under rule XXII be Blunt Coats Harkin body is unprecedented. House leader- waived. Boxer Cochran Hatch ship has never blocked a farm bill that

VerDate Mar 15 2010 05:17 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.001 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6406 CONGRESSIONAL RECORD — SENATE September 19, 2012 has been reported out of the House Ag- swer their calls and pass a 5-year farm has done is like a vein of water flowing riculture Committee. bill now. hidden underground, secretly making On September 30, our farm safety net TRIBUTE TO RUSS SULLIVAN the ground green.’’ programs expire and the farm program Mr. President, I would like to take a That is Russ. His name is not in expires—just 11 days from now. This is few moments to tell you about a dedi- lights. People do not know about him. our last chance to give America’s farm- cated public servant and his son—Russ He is working to solve problems and ers and ranchers the certainty they de- Sullivan and Alhaji Amadu Hassann, or make the ground green. serve. AJ, as he was known by his family and Under Russ’s nurturing care, AJ This is also an opportunity to pro- friends. began to adjust to his new life in Amer- vide much-needed disaster assistance. AJ died on July 28 of this year. But ica. AJ had boundless energy and loved Not long after we passed the farm bill in his short life, he inspired people to play soccer. He was fun to be in the Senate, a drought began to through his exuberance for life, his around, had a great sense of humor, stretch across the United States. It courage, and his determination. Born made friends easily, and loved to flirt was on the news virtually every night in Sierra Leone, west Africa, in 1992 with the girls. and has been for months. Wheat and during the midst of a brutal civil war, AJ completed high school but had no cornfields have been drying up. With- violence served as the backdrop to AJ’s intention of going to college. That was out enough forage, ranchers had to face early childhood in Freetown, Sierra until Russ came into his life. In April 2011, AJ told a newspaper reporter that the decision to either sell their herds Leone. or purchase extra feed, cutting into As a young boy, AJ, his mother, and his life changed after meeting Russ. their very thin margins. two sisters were forced to flee their This is AJ: As of this week, more than 2,000 war-ravaged country to Guinea, where I was just going to do what everybody else counties have been designated as was doing—drop out and get a job. But after they found safety in a refugee camp. I met Russ, everything changed about my drought disaster areas by USDA, and 36 However, life in the refugee camp was mentality toward life. He started pushing me of them are in Montana. That is well difficult. There was no work for the and getting me to think harder. . . . He’s a over half of our State in a disaster. adults, no formal schools for the chil- great man, and I thank God I met him. . . . There is a consensus in Congress and dren, and little hope for a better life. AJ first enrolled at Salem Inter- across the countryside that something Unable to return to their homeland, national University and after 1 year must be done, and the farm bill is that their lives were put on hold for 8 years transferred to the University of West something. We had a bipartisan vote as refugees. Virginia. He majored in sports manage- here in the Senate by a large margin But AJ remained hopeful for a ment and loved being a ‘‘Mountaineer.’’ and, as I mentioned, a bipartisan vote brighter future. That day came in 2002, Then tragedy struck. In a senseless in the House Agriculture Committee. when their father, who was living in act of violence, AJ was assaulted in We have so many reasons to be grate- the United States, was able to bring AJ front of a local college hangout. He ful for the hard work of America’s and his sisters to America. fell, hit his head hard—back, head farmers and ranchers. They help sus- The children—15-year-old Ousmatta, snapped—and over the next few hours tain healthy rural economies. And be- 11-year-old AJ, and 9-year-old slipped into a coma. cause of the strength of America’s agri- Laretta—moved in with their father in On Capitol Hill we were in the middle culture, they put food on tables around Virginia. However, their father had of deficit reduction negotiations. When the world. In 2011, agricultural exports struggled in America. Similar to many Russ received the news about AJ, he reached $137 billion, with a record sur- who do not have steady work, he did rushed from Washington to West Vir- plus of more than $42 billion. not have health insurance. So when ginia, where he stayed at AJ’s side. Agriculture supports 16 million jobs AJ’s father got a tooth infection, he ig- Over the next month, Russ was trav- nationwide. In Montana, one in five nored it. Left untreated, the infection eling back and forth—back and forth— jobs is tied to agriculture. The farm spread throughout his entire body and from West Virginia to Washington. bill is our jobs bill. AJ’s father died. This is during the supercommittee Last week many Montana farmers An aunt tried to raise the three chil- talks. Russ was juggling not only his and ranchers came to town to talk dren on her own but had difficulty career but also AJ’s medical treat- about the farm bill. They each told me making ends meet. The children were ment. He was also forecasting what we and other Senators and House Members split up. A cousin took in Laretta, could do. He was fostering several the same thing: We need a farm bill, Ousmatta stayed with their aunt, and other boys—this is not the only boy and we need it now. AJ was taken in by a man named Russ Russ was a foster father for—and Russ Three of those Montanans were Bing Sullivan. kept working with the extended family Von Bergen from Moccasin, Ryan Russ has long been serving as a foster and friends in the loop. He kept work- McCormick from Kremlin, and Charlie parent in the community. He has ing with them and telling them and Bumgarner from Great Falls. Bing, mentored dozens of young men, becom- keeping them informed about AJ’s con- Ryan, and Charlie, similar to many ing the legal guardian of some and dition. Montana farmers, plan to go into the helping hundreds see a different course I often hear the media reports about field next month to plant their winter for their life. Russ took in AJ. Then Capitol Hill being dysfunctional—the wheat. They will be doing so with the Russ took on additional responsibil- sides are polarized and compromise is a current farm bill expired. They will be ities of becoming AJ’s legal guardian. dirty word. But when Chris Campbell, doing so with no certainty of what the So who is this man Russ Sullivan? the Republican Senate Finance staff farm programs will be—that certainty Russ Sullivan is the staff director of director, heard the news about AJ’s in- which community bankers happen to the Senate Committee on Finance. He jury, he enlisted his staff and the Re- rely on to advance loans so farmers can is known in the Senate—as Senator publicans stepped up to help. They plant. HARRY REID has said—as ‘‘a problem took Wednesdays. They do not want to see the farm solver.’’ Russ has developed a reputa- For the next couple months, Russ’s programs expire. They do not want tion for leadership, dedication, and re- boys—18 in total when they are all short-term extensions. They need the spect for his colleagues. His staff ad- home from college; imagine, Russ Sul- certainty of a full 5-year farm bill. mires him, his colleagues trust him livan is the foster father for 18 dif- I urge the House to listen to what and admire him, and I am honored to ferent young men—knew that Wednes- farmers and ranchers across the coun- call him a friend. Nobody who has met day night was pizza night, coming from try are saying: The time to pass the and worked with Russ Sullivan has a the pockets of the Republican Finance farm bill is now. different point of view. I have never Committee staff. ‘‘Wednesdays’’ was Holding up a farm bill with wide bi- heard anyone utter a criticism of Russ that night. partisan support is playing politics Sullivan, and no one ever will; he is AJ was moved from the West Vir- with the livelihood of our hard-working that kind of man. ginia hospital to Children’s Hospital rural constituents. Instead, let’s do our Philosopher Thomas Carlyle once and Rehabilitation Center in Wash- job so farmers can do theirs. Let us an- said: ‘‘The work an unknown good man ington, DC, where he remained for the

VerDate Mar 15 2010 01:06 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.059 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6407 next several months until his death in for what the chairman just said and a changed, they should submit a legisla- July. lot of regard for Russ and wish him the tive proposal to Congress. We mourn for the loss of this young best. In the 31⁄2 years before the July 12 in- man—who brought an incredible light I hope the Good Lord will comfort formation memorandum, the Obama to this world and light to Russ’s world him and comfort his soul during this administration never offered a legisla- and to all who met him. He brought very trying time. tive proposal to change the welfare such a light in such a short period of Mr. BAUCUS. I say to the Senator, work requirements. time. thank you very much. I know Russ The unprecedented nature of the We are fortunate to have Russ work- deeply appreciates that, and we all do. Obama administration’s power grab is ing on Capitol Hill. Russ epitomizes I thank the Senator. supported by the nonpartisan Govern- public service. He is honest. He is di- UNANIMOUS CONSENT REQUEST—S.J. RES. 50 ment Accountability Office. rect, upbeat, positive, looking for solu- Mr. HATCH. Mr. President, on July On September 4, 2012, the GAO re- tions, cutting through all the redtape. 12, 2012, the Obama administration’s sponded to an inquiry from Ways and He always seeks to understand the ar- Department of Health and Human Means chairman DAVE CAMP and me. guments and keeps searching for the Services issued an Information Memo- They determined that the July 12 in- common ground—constantly. Senator randum informing States that for the formation memorandum was a rule that should have been submitted to REID keeps asking me: Can Russ help first time in the 16-year history of the here? What can Russ do about this, in Temporary Assistance for Needy Fami- Congress. GAO further found that as a trying to reach out to the other side to lies Program, HHS would permit them rule, the information memorandum find an agreement. He has always been to waive welfare work requirements. was subject to the Congressional Re- view Act. The Congressional Review someone I respect and trust. He is also This action undermines a robust Act provides Congress with an oppor- someone I have come to admire. work-first approach that was one of the Months have passed since AJ’s death, key features of the 1996 Welfare Reform tunity to review and, where appro- but his zest for life remains in the Act. priate, disapprove rules issued by the executive branch. hearts of those closest to him. Russ If allowed to stand, this action could When more and more of the rules continues mentoring and helping oth- result in activities such as journaling, bed rest, and smoking cessation classes that govern the American people are ers, changing lives one after another. being made by anonymous and Just last week, Russ witnessed a vic- being counted as work for the purposes unelected bureaucrats with no respon- tory for another one of his boys. The of meeting Federal welfare work per- sibility to reflect the priorities of the boy had been wrongfully convicted of a formance standards. This change in policy presents a seri- American people, the Congressional crime and was facing deportation. But ous substantive question. Should tax- Review Act is a critical device and one because of Russ’s continued diligence payer dollars go to welfare recipients we should always uphold. It allows the and commitment, his innocence was who are not working but are instead people’s representatives in Congress to proven and the conviction was over- journaling or working to quit smoking? stand up and reject a rule emanating turned. That was just a few days ago. But it presents serious institutional from the Federal bureaucracy. Harvard Professor Rosabeth Moss questions as well because the action by The Committee on Ways and Means Kanter once said: ‘‘A vision is not just the Obama administration was, quite favorably reported the resolution of a picture of what could be; it is an ap- simply, a unilateral power grab that disapproval last week. The full House peal to our better selves, a call to be- usurps the constitutional power of the of Representatives will consider the come something more.’’ legislative branch, and every Member resolution of disapproval this week. I Russ sees the vision of what could be of this body ought to be concerned have introduced S.J. Res. 50, a resolu- and rolls up his sleeves to make it hap- about it. That is no small thing. tion of disapproval here in the Senate. pen. Our Constitution, for good reason, lo- I am pleased that my legislation is co- I know I speak for all of us on the cates the lawmaking power in the Con- sponsored by 21 of my colleagues. Senate Finance Committee—and many gress. That is because our Founding The Congressional Review Act also of us in this body as a whole—when I Fathers understood that in a republic provides for fast-track consideration of say: Thank you, Russ. Thank you for of laws, the lawmakers must represent a resolution of disapproval when a Sen- making us want to find our better the people directly. The people must ator has secured at least 30 Senators on selves, thank you for working to make have a close hold on the representa- a discharge petition. That means no fil- the future better, and thank you for all tives who create the laws under which ibuster. I am pleased to report that I you do. we live. have well over 30 signatures on the dis- I yield the floor. If changes are going to be made to charge petition. Unfortunately, this ex- The PRESIDING OFFICER. The Sen- the welfare work requirements, it pedited process does not kick in until ator from Utah. should be up to the Congress to make later this month. Mr. HATCH. Mr. President, I am per- them. Faceless bureaucrats at HHS The Senate will be voting on my res- sonally very grateful for the wonderful should not be the ones making changes olution, there is no question about remarks of my colleague, the chairman to the welfare work requirements. Yet that. The only question is when. In my of the Finance Committee, because I do that is exactly what happened here. view, we should take up this matter not think any words could express how Unelected bureaucrats at HHS are at- now. It is a critical issue for the Amer- much Russ means to all of us. He is a tempting to change the law—a law ican people, and it is a critical issue for wonderful man. He is a wonderful lead- passed by the Senate and the whole this institution. As the people’s rep- er on the committee. He is honest. He Congress. If left unchecked, welfare resentatives, it is a dereliction of duty is straightforward. He works with you. policy is being substantially changed to stand by while unelected officials Frankly, we all think the world of him by the Obama administration in a way attempt to change the law unilaterally on our side as well. I just wish to com- that never would have been acceptable without the constitutionally-pre- pliment the distinguished chairman for to the people’s elected representatives scribed input of the people’s represent- his beautiful remarks about a tremen- in Congress. atives in Congress. For that reason, in dous person and the foster children he No administration should be per- a few moments I will propound a unani- has worked with. mitted to disregard the laws Congress mous consent request for debate, fol- Russ is the epitome of greatness on passed and simply make up their own lowed by a vote on proceeding to the the Senate Finance Committee and as rules. resolution of disapproval. It is a simple a staff member of the Senate. So I wish For 16 years, no President, Health request. A vote on the resolution of to personally pay tribute to him and and Human Services Secretary or Gov- disapproval is inevitable. The only express my sorrow over the loss of his ernor—regardless of political party— question is whether the majority will son AJ and express my love and affec- believed welfare work requirements allow a vote in a timely manner. tion for him. He is a good man, helping could be waived. Therefore, I ask unanimous consent a good chairman. We work together If the Obama administration believes that the Committee on Finance be dis- very closely, and I have a lot of regard welfare work requirements should be charged from further consideration of

VerDate Mar 15 2010 01:06 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.061 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6408 CONGRESSIONAL RECORD — SENATE September 19, 2012 S.J. Res. 50, a joint resolution dis- It is interesting that in 2008, under Secretary Sebelius, is only using it for approving a rule submitted by HHS re- the Bush administration, Health and innovative approaches that increase garding welfare waivers; that there be 2 Human Services documented that the the work responsibilities of the State, hours of debate on the motion to pro- waiver authority indeed existed as it not diminish them. That has been well ceed equally divided and controlled be- related to the participation rates and documented. tween the two leaders or their des- the way in which they could be satis- For all of those reasons, I do object. ignees; and that the Senate then pro- fied. The PRESIDING OFFICER. Objec- ceed to a vote on the adoption of the Secretary Sebelius has made it clear tion is heard. motion to proceed. that the waiver will only be used for a The Senator from Utah. The PRESIDING OFFICER (Ms. KLO- credible plan to increase employment Mr. HATCH. Madam President, I ap- BUCHAR). Is there objection? by 20 percent. So she is looking at The Senator from Maryland. preciate my colleague’s remarks, much using the waivers to increase participa- of which I agree with. That still does Mr. CARDIN. Madam President, I re- tion rates, to increase the number of serve the right to object. Under my res- not negate the fact that the adminis- people who are actually employed. If tration has acted unilaterally as the ervation, let me first thank my col- there is not progress within a year, the league from Utah for bringing this executive branch to usurp powers of State runs the risk of losing the waiv- the legislative branch. That is the matter before us. But, like him, I was er. It is focused on improving employ- in the Congress in the late nineties issue. It is a very important issue. It is ment outcomes for participants. the responsibility of the Congress, not when we passed the TANF law. I re- I must say that I am extremely dis- the President, to give the States flexi- member being part of welfare reform. appointed about the partisan nature of bility with regard to the work require- Prior to that time, we had what is this discussion. I say that because I ment. The Constitution is pretty ex- known as AFDC, aid for dependent think we have all seen the ads that plicit on that. children, which was an entitlement have been put on the networks by Gov- GAO reported today that even though program that offered the States the op- ernor Romney that accuse the Obama States had requested or inquired about portunity to move forward without administration of eliminating the work waivers, no administration—not the risk because they were guaranteed a requirement on TANF, on welfare, Clinton administration, not the Bush certain amount of money for every when the fact is that the use of this administration, not the Obama admin- child who was eligible—for every fam- waiver authority has been to strength- istration—believed they had waiver au- ily who was eligible for welfare funds. en the work participation rates—to thority; that is, until July 12 when We changed that to provide for tem- strengthen the work participation HHS did this. I think they knew they porary assistance for needy families, rates. These ads have been condemned were wrong. TANF. by major news sources on both the left I remember very clearly working and right. They understand this. So The latest GAO report details how with the States and working with my you would think that once Governor whenever States requested TANF waiv- distinguished colleague, and what we Romney understood that his ad was ers in the past, HHS responded that no told the States was this: You are going such authority exists. Between 2000 and to get a block grant. That means you misleading and wrong, he would take it off the air, but instead he has actually 2009, during the Clinton, Bush, and are going to be bottom-line responsible even Obama administrations, HHS has for the program, that there will no increased the usage of this ad, which I find to be outrageous. Maybe it is con- consistently told States they have no longer be a guarantee on the number of waiver authority. Specifically, GAO families who are enrolled in welfare as sistent with Governor Romney’s recent disclosure of his concern for half of finds that at least five States asked to dollars you are going to receive. HHS about TANF waivers during that We promised two things: We told the America, saying it is not his problem. My job—our job—is to consider the period. In two of those cases, GAO said States we were going to give them the the HHS official response said they tools they needed to get the job done. needs of all of our constituents. TANF is a program that I think represents a ‘‘did not have authority to provide We provided the funds so they could waivers.’’ In the three other cases when provide for job training so that the model in federalism. It allows us to learn from the States so we can take States asked informally, GAO reports people on welfare would have adequate that HHS responded saying that ‘‘the skills in order to get jobs. We promised their best models and use them for na- tional policies. That is the reason for requested waiver authority was not them childcare so that children could available.’’ be taken care of while they were in the federalism. That was the reason we Separately, in 2005 and 2007 HHS pub- workforce. went to TANF reform. What the waiver We provided the tools, but we also authority is being used for is to give us lished two ‘‘program instructions’’ said we would provide the States the that experimentation. about flexibilities in TANF, both indi- flexibility to get the job done. We pro- We have heard from more and more cating that no waiver authority ex- vided accountability, and account- States that Congress mandates too isted. In these instructions, HHS stat- ability was the participation rate, much. I hear from my Republican col- ed, ‘‘We have no authority under cur- which could be satisfied in different leagues all the time that we have too rent law to waive any of the TANF re- ways, which said the States have the many mandates. Well, some States quirements’’ and ‘‘We have no author- flexibility to get the job done—a model have a better way of doing it. Rather ity to waive any of the provisions of of federalism—but we would let the than spend their money dealing with the Act.’’ Only the Obama administra- States experiment to figure out the the mandates, they said: Look, we will tion has claimed the ‘‘authority,’’ cir- best way to accomplish the end result: accomplish the bottom line. We will cumventing Congress. getting people off of cash assistance, get more people working. We will get Look, this is not just a political getting them into the workplace. better results. We will get people bet- issue, as the distinguished Senator Now, let me point out to my col- ter trained. We will not only get people from Maryland, one of my dear friends leagues that the waiver authority has employed, but they will have the skills here, said. We both graduated from the been in the law for a long time, section to go up the employment ladder, to University of Pittsburgh School of 1115. We have had our disagreements really succeed and have good-paying Law. I have great admiration for him with all administrations on the use of jobs in their lifetime. Let’s do what is and great feelings toward him. But the waiver authority. My colleague re- right, and then you can learn from us, only the Obama administration has fers to the GAO’s report which dealt rather than having to listen to the spe- claimed this ‘‘authority’’ circum- with five waivers that were requested cific mandates some of my colleagues venting Congress. The latest GAO re- from 2000 to 2009. Those State waivers would like to see in stone here from port highlights that only the Obama sought relief from specific require- Washington. administration has claimed the author- ments. It did not bring forward an in- This was a commitment we made to ity to waive welfare work require- novative new approach to try to use the States in the nineties. The waiver ments. Further, GAO notes that this State experimentation to get the best authority is in existing law. The Sec- action by current HHS officials is in re- results. retary of Health and Human Services, sponse to the President’s February 2011

VerDate Mar 15 2010 01:06 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.062 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6409 memorandum, which, according to sub- school. I am a graduate of the Univer- THE RYAN BUDGET sequent administration guidance, solic- sity of Maryland Law School, and I Mr. HARKIN. Madam President, ited ‘‘input on significant statutory want to make sure my friends in Mary- today as I have done for days since we barriers that could be addressed land know it was their law school. have been in session since we returned through waivers.’’ Mr. HATCH. If the Senator will yield, from our August break, I have been Especially when viewed in the con- I certainly retract my statement on talking about the impact of the Ryan text of the President’s ‘‘we can’t wait’’ that. But I feel bad the Senator didn’t budget, which is now the Romney-Ryan agenda, it is clear that this HHS pro- graduate from the University of Pitts- budget, on America and what it would posal is part of an organized adminis- burgh, as I did. mean for our future. I take the floor tration effort to circumvent Congress Mr. CARDIN. Well, I was afraid to today as I have in the past to talk and its legislative authority. We have apply. I wasn’t sure I would get in. about one aspect of it. In the past I seen that time after time with an abu- The second point, on a more sub- have talked about impact on health sive use of Executive orders. stantive matter on this debate, is that care, on education, on the social safety Look, TANF has worked amazingly I wish to point out the requests that net. Today I wish to talk about what well because of the work requirements were made for waivers between 2000 and the Romney-Ryan budget does to our in TANF. There is a good reason no 2009 were from the final requirement. infrastructure, to job training, to ave- other administration has tried to pull They didn’t seek to bring forward a nues to the middle class for people. this type of a stunt. demonstration program or a different The real question the American peo- Whether you agree with the adminis- way to get to their results. The dif- ple face this coming election is: Are we tration or not, it seems to me we ought ference here is that States should have going to restore and rebuild the middle to first uphold the rights and powers of the flexibility to come in with innova- class or are we going to continue to the legislative branch of government tive ways if they accomplish at least shift even more and more of our wealth that cannot be circumvented just be- what we set out in law for them to ac- to just a few at the top at the expense cause a President wants to do some- complish. In fact, with these dem- of the middle class? thing on his own. That is what is in- onstration waivers, they will have to My Republican friends have made volved here. I think we ought to all do better on the end result on people clear where they stand on this. They stand, Democrats and Republicans, and working. I just wanted to point that have done so when nearly every Repub- say: Look, you are not going to be able out because I thought there were dif- lican in Congress voted in favor of the to do this. If you want to do it, then ferences from the prior requests that Ryan budget plan which Governor you are going to have to do it through were made and Secretary Sebelius’s re- Romney embraced as ‘‘marvelous.’’ The statutory changes or at least ask Con- sponse. very centerpiece of the Ryan budget is gress for permission. Mr. HATCH. Madam President, I a dramatic shift of even more wealth to That is the purpose of asking for this would just add that if they want that those at the top, huge tax cuts for the vote which has been objected to. I type of authority, they should come to richest 2 percent. Those making more guess we will do it during the lame- the Congress and ask for it because we than $1 million a year would get an duck session. But the purpose is to put that authority subject to extra $394,000 a year in tax breaks stand up for the rights of the Congress Congress’s decisionmaking, and it under the Ryan budget. That is on top of the United States and especially the shouldn’t be done unilaterally by an of the $265,000 they already have. That rights of the Senate that are being ig- out-of-control approach by the execu- brings it up to well over $400,000, al- nored. tive branch. That is what is involved, most $500,000 a year they would get. There is a lot more I can say about and it is important. Whether one is a We keep hearing a lot of talk about it. That basically covers it. I appre- Democrat or a Republican, we ought to entitlements for the poor. Governor ciate my colleague’s feelings on this have an understanding of the legisla- Romney, when he talks about entitle- matter, but to put it in the category tive and executive branches and our ments, always focuses on the poor. How that this is Mitt Romney trying some- rights and prerogatives in Congress. about this. If you make over $1 million thing—Mitt Romney has had basically There is nothing that says States can’t you are entitled to it. You will not nothing to do with it other than he add work requirements that are legiti- hear him talk about that entitlement. agrees with what we have done. He said mate work requirements in the stat- How do the Republicans in the Ryan that after we did it. He did not come to ute. They didn’t need this type of uni- budget pay for these huge tax cuts that me and ask me to do it. lateral decision by the HHS Depart- total over $4.5 trillion over 10 years? The fact is we are standing for the ment to do that. That is the point. The Romney-Ryan budget would par- legislative prerogatives that we really The PRESIDING OFFICER. The Sen- tially offset the tax cuts by making ought to stand for and that the GAO ator from Vermont is recognized. deep, Draconian tax cuts that under- said should be stood for because they Mr. SANDERS. I thank the Chair. gird the middle class and that are es- (The remarks of Mr. SANDERS and Mr. declared it a rule. The GAO is not in sential to the quality of life in this FRANKEN pertaining to the introduc- the pockets of Republicans or Demo- country—everything from education, tion of S. 3562 are located in today’s crats; it is there to try to determine student grants, loans, to highways, RECORD under ‘‘Statements on Intro- these types of issues that are ex- bridges, other infrastructure projects. tremely important legal issues, ex- duced Bills and Joint Resolutions.’’) Last, the Romney-Ryan budget off- The PRESIDING OFFICER. The Sen- tremely important legislative issues, sets big new tax cuts for those at the ator from Minnesota is recognized. extremely important separation-of- Mr. FRANKEN. I thank the Chair. top by actually raising taxes on the powers issues. So that is what we are (The remarks of Mr. FRANKEN per- middle class. Yes, you heard me, that doing here, and it really shouldn’t even taining to the introduction of S. 3557 is exactly right. The nonpartisan Tax be a political issue. We ought to just are located in today’s RECORD under Policy Center estimates that under the vote and let it go at that. But it has ‘‘Statements on Introduced Bills and Ryan plan, middle-class families with been objected to, and I am willing to Joint Resolutions.’’) children would see their taxes go up on wait until the appropriate time to have Mr. FRANKEN. Madam President, I average by more than $2,000. a vote. yield the floor, and I suggest the ab- The bottom line is that the Ryan The PRESIDING OFFICER. The Sen- sence of a quorum. budget does not reduce the deficit. The ator from Maryland. The PRESIDING OFFICER. The savings they gain by slashing spending Mr. CARDIN. Madam President, I clerk will call the roll. and raising taxes on the middle class very much appreciate my friend Sen- The assistant legislative clerk pro- basically go to offsetting the $4.5 tril- ator HATCH, and we are good friends, ceeded to call the roll. lion in new tax cuts, which, I just and I very much appreciate the point Mr. HARKIN. Madam President, I pointed out, go to the wealthiest Amer- he makes. I do need to correct at least ask unanimous consent the order for icans. two points. the quorum call be rescinded. I think this shows you right here One, I graduated from the University The PRESIDING OFFICER. Without what would happen to the deficit. We of Pittsburgh undergraduate, not law objection, it is so ordered. always hear the talk about balancing

VerDate Mar 15 2010 03:17 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.063 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6410 CONGRESSIONAL RECORD — SENATE September 19, 2012 the budget. The truth is Representa- The deficiencies in America’s roads, created a steady supply of skilled tive RYAN and Mr. Romney are not in- bridges and transit systems cost American workers for U.S. businesses, made their terested in balancing the budget. Their households and businesses roughly $130 bil- operations more productive, and it plan would not balance the budget lion, including approximately $97 billion in helped them to grow. vehicle operating costs, until 2040—28 years from now. Think about it; several hundred As I said earlier, Mr. RYAN is a true You can read that to mean potholes thousand people out of work were able acolyte of former Vice President Che- and things that bang your car up. to participate in job training because ney who, in an unguarded moment, —$32 billion in delays and travel time, of Federal programs. That is part of said that deficits don’t matter. That If you have been stuck in a lot of Mr. Romney’s 47 percent that he says was Vice President Cheney. If you look traffic. he doesn’t care about, who are the tak- at the debt piled up under the Bush —$1.2 billion in safety costs and $590 mil- ers in our society. No, no, Mr. Romney, years, you will see they didn’t think lion in environmental costs. they are not takers. These are people deficits matter. That is the Society of Civil Engi- struggling to make a better life for Look at this. Here is the debt held by neers. That is not part of the Demo- themselves and their families. They the public under the Ryan budget from cratic Party or any party. This is a want job training. They want better 2013 to just 2022, in the next 10 years. nonpartisan economic look at what is education. They want to upgrade their Look at the debt. The debt does not go happening in our infrastructure. skills. They want to work. The Rom- down, it goes up. Where does this debt By slashing these investments to ney-Ryan budget would pull the rug go? Tax cuts for the wealthiest Ameri- even lower levels, the Ryan budget will out from underneath them and say: cans, that is where it goes. only make these problems worse, not Tough luck, you are on your own. I Representative RYAN doubles down better. In fact, the Ryan budget cuts don’t think they should be on their on the theory that if we give an even transportation spending by one-third own; they should be part of our Amer- greater share of wealth to those at the in the first year. ican family. top, it will magically trickle down, a We are not talking about a little nip Without sustained robust invest- theory that was tried under President and a tuck on infrastructure. Here is ments in quality infrastructure and George W. Bush. But in the years after the fiscal year 2012—enacted—transpor- well-trained workers, America will fall those Bush tax cuts we know what hap- tation budget: $89 billion. The Ryan- behind and job creation will suffer. pened to jobs in America—they plum- Romney budget for next year, $57 bil- This is a critical threat to the future of meted in the years after George Bush lion. It is almost a one-third cut. the middle class in our country. and those tax cuts went into effect. Think what that would mean to the In essence, the Ryan budget essen- Today I want to focus specifically on jobs in America. Think what it means tially rejects the very possibility that the impact of the Romney-Ryan budget to our crumbling infrastructure. the Federal Government can act to on our Nation’s infrastructure and job Then you have to compare how much spur economic growth, boost competi- training. Both, I believe, are crucial for we are investing in our infrastructure tiveness, and create good middle-class the creation of middle-class jobs in a to what one of our biggest competitors, jobs. But this flies in the face of over- competitive global economy. Regret- China, is doing. Here is China. As a per- whelming evidence to the contrary. At tably, the Ryan budget would be a dev- cent of their gross domestic product, critical junctures going back to the be- astating one-two punch to our Nation’s they are spending 9 percent of their ginning of our Republic, the Federal economy and slash investment in infra- GDP on infrastructure. Here is the Government has stepped up to the structure which would slash hundreds United States. In 1960, when I was a plate, acting decisively to spur eco- of thousands of well-paying jobs. It college student working summer jobs, nomic growth, foster innovation, and would radically reduce funding for job laying pavement and building bridges help create jobs. In 1791, Alexander training, reducing opportunities for the on the Interstate Highway System, we Hamilton presented to Congress his unemployed to get retooled for jobs in were spending 4 percent of our GDP on landmark Report on Manufactures, a sectors of the economy that are doing infrastructure. We are now down to 2.4 set of Federal policies designed to well, where they are needed. percent. And the Romney-Ryan budget strengthen the new Republic’s econ- The United States now competes in a would take that even lower. omy by creating a network of roads global marketplace. To improve our So already our Federal investments and canals. competitiveness and to give our work- in infrastructure are inadequate. For The most visionary 19th century ad- ers the education and skills they need example, we have failed to bring the vocate of Federal investments to spur to compete, both our public and private half-century-old Interstate Highway economic growth was the first Repub- sectors must make a robust investment System into the 21st century. Again, lican President, Abraham Lincoln. In in infrastructure, education, and job the Romney-Ryan budget would make 1862 he signed the Pacific Railway Act training. that even worse. The Romney budget to finance construction of the trans- Overcrowded and crumbling roads, would make deep cuts to funding for continental railroad, one of the great outdated waterways, other means of the Corps of Engineers which is already technological feats, by the way, of the transportation and transport have a grossly underfunded and struggling to 19th century. But Lincoln did more; he profoundly damaging effect on our maintain a deteriorating waterway created the Department of Agriculture economy. This increases the time and system so crucial for the movement of to modernize agriculture and distribute expense of moving goods, it hurts our bulk goods, and, I might add, also cru- free land to farmers. As a proud grad- global competitiveness, as I said, espe- cial for flood control. uate of Iowa State University, I also cially at a time when our rivals in the The Ryan budget would also take a note Lincoln dramatically expanded global marketplace are investing heav- meat axe to Federal funding for job access to higher education across the ily in both infrastructure and job training and education, America’s United States by signing into law the training. pathway to the middle class. It would Land Grant College system. Taken to- Even maintaining our current levels jeopardize vital job services for mil- gether, these initiatives had a trans- of infrastructure investment will have lions of Americans. Thirty-one million formative impact on the U.S. economy. negative consequences for our econ- Americans got Federal help with their It is humorous to imagine how to- omy. That is if we just maintain what job searches last year—help to write day’s Republicans would have reacted we have. their resumes, prepare for interviews, to Lincoln’s agenda. What if Abraham The American Society of Civil Engi- information about the best jobs avail- Lincoln were to present this today to neers predicts that, if current trends able in their local area, referrals to job the tea party? He would not get any- continue, by 2020 our continuing infra- openings. Several hundred thousand where. structure will result in 900,000 fewer were also able to participate in job Later, in the 1950s, there was another jobs and $900 billion in lost economic training under Federal programs. This Republican president, Dwight Eisen- growth. gave these American workers the op- hower, who championed one of the This was the American Society of portunity to compete for good jobs so greatest public works projects in our Civil Engineers in 2011. They said: they have a shot at the middle class. It national history, construction of the

VerDate Mar 15 2010 03:17 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.072 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6411 national highway system. A 1996 study I think the American people need to and child in America. Everybody in concluded that the Interstate Highway know what is in the Ryan budget. One America—man, woman, or child—now System is an engine that has driven 40 might say: Well, a budget is a budget. has $50,000 as their share of Federal years of unprecedented prosperity in A budget is a blueprint. Just as we debt. So it is a fiscal crisis unlike any- America. build a building, we have to have a thing we have seen before, and it has, In recent times, the Federal Govern- blueprint; a budget is a blueprint for as I said, been predicted. ment has funded and spearheaded sci- the future of where we want to go. The Congressional Budget Office has entific discovery and innovation. The Communities have budgets, families said if we don’t deal with the fiscal Department of Defense invented the have budgets, schools have budgets. We cliff, it will plunge the economy into Internet. It was Federal research that have a budget so we can plan. It rep- recession. They have suggested that it led to the invention of the global posi- resents where we want to be in the fu- will reduce by 2.9 percent the size of tioning satellite system. Any discus- ture. The Ryan budget is a blueprint the economy. We actually will have a sion of the Federal Government’s his- for defeat and a death spiral into stag- contraction of the economy in the first toric role in discovery and innovation nation for America. 6 months of next year. and job creation must acknowledge the I believe the more the American peo- They have also projected it will drive staggering achievements of the Na- ple understand and know what is in unemployment above 9 percent. Grant- tional Institutes of Health. More than that Ryan budget, the more they are ed, we are over 8 percent today. We 80 Nobel Prizes have been awarded for going to turn it aside and say: No, we have been at 8 percent now for 43 con- NIH-supported research. So it is absurd can do better than that in America. We secutive months. That is the longest to claim that the Federal Government need a budget that reflects our hopes stretch in history. In fact, if we go cannot serve a positive and even pro- and aspirations and our abilities as back to the time the Bureau of Labor found role in boosting the economy and Americans to work together to achieve Statistics started keeping unemploy- spurring innovation. But the Romney- the American dream for all. ment data and we add up the data for Ryan budget demands that we perma- Mr. President, I yield the floor and the 11 Presidents from Harry Truman nently hobble the Federal Government. note the absence of a quorum. through the end of the George W. Bush That is the Romney-Ryan budget. This The PRESIDING OFFICER (Mr. administration—about 60 years—there negative, defeatist viewpoint is dead MERKLEY). The clerk will call the roll. were 39 months where the unemploy- wrong, and the disinvestment it advo- The bill clerk proceeded to call the ment rate exceeded 8 percent. That is cates will only send our country into a roll. 11 Presidents in about 60 years of his- Mr. THUNE. Mr. President, I ask death spiral of stagnation and decline. tory where we have had unemployment unanimous consent that the order for above 8 percent. Going back to the 1930s, the Amer- the quorum call be rescinded. ican people have supported and We have now had unemployment The PRESIDING OFFICER. Without above 8 percent for 43 consecutive strengthened a kind of unique Amer- objection, it is so ordered. ican social contract. The social con- months. So 39 months in the first 60 FISCAL CLIFF tract says a cardinal rule of govern- years since they started keeping data, Mr. THUNE. Mr. President, the Sen- ment is to provide a ladder of oppor- and 43 months now in a row under the ate is sort of wrapping up its business, tunity so that every American can re- current administration. if you will, until after the election. It alistically aspire to the American We have the Federal Reserve telling is ironic, in a way, that there are so dream. The Ryan budget would rip up us if we don’t deal with our fiscal cri- many big issues in front of us as a na- that social contract. sis, the economy is going to soften next tion—so many challenges—yet we are year. Don’t take my word for it. Former talking about things I am sure are im- We have ratings agencies such as Reagan economic adviser Bruce Bart- portant, but, once again, we are Moody’s suggesting that if we don’t lett on the Ryan budget said this: punting, kicking the can down the road have a plan in place not only to deal Distributionally, the Ryan plan is a mon- on all the big crises in front of us as a with the sequestration that is going to strosity. The rich would receive huge tax nation. occur at the end of the year in a way cuts while the social safety net would be I have to say that never before has a that is paid for but also to deal with shredded to pay for them. President and a Senate done so little the longer, structural problem—the The Ryan budget rips up the social when the Nation’s challenges are so debt and deficits crisis we have in this safety net, disinvests in our infrastruc- great. People have talked about the fis- country—we are facing a downgrade in ture, cuts funding for job training, cuts cal cliff repeatedly, and people have our credit rating. money for education, cuts money for talked about the fiscal crisis in which You had the World Economic Forum health care. As I said, it is a negative, we find ourselves in terms that I think come out just recently with their as- defeatist viewpoint that will set our ought to frighten all Americans. It cer- sessment about the world’s most com- country into a death spiral of stagna- tainly ought to frighten Members of petitive economies. Back in January of tion and decline. Congress when we talk about the most 2009 when President Obama took office, The Romney-Ryan budget would re- predictable crisis in American history, the World Economic Forum found that place the unique American social con- probably in human history. It is not the United States had the No. 1 most tract that we have with a survival-of- like it is any surprise what is going to competitive economy in the world. In the-fittest, winner-take-all philosophy happen. We are repeatedly reminded by terms of global competitiveness, the that tells struggling, aspiring Ameri- all of the experts that if we don’t deal United States was ranked No. 1. Now cans and their communities: Tough with this issue of the fiscal cliff, it will we have dropped. We had dropped to luck, you are on your own. have devastating, catastrophic impacts fifth, and this year, just recently, as I I agree with former President Bill on our economy, on our national secu- mentioned, when they came out with Clinton. We have two philosophies: the rity, on our country, and on the Amer- their current rankings, the United Romney Ryan budget—tough luck, you ican people. Yet we are not addressing States had dropped down to seventh. are on your own—or the other philos- it and doing what we should be doing So in a short 4-year timespan, we have ophy that we are all Americans and we to avert the disaster ahead of us, the gone from first in terms of global com- are all in this together. We are all mu- fiscal cliff that faces us on January 1 of petitiveness down to seventh. That tually supportive. We believe in a lad- this next year. does not speak well for the steps that der, a ramp of opportunity, and, yes, It is not as though there isn’t already are being taken here in this country to we believe the Federal Government has a lot of evidence that we have big prob- make America competitive in the glob- a powerful role to play in making sure lems. We just crossed the $16 trillion al economy, to deal with the problems all Americans can aspire to the Amer- level in terms of our debt. We have of spending and debt and the fiscal cliff ican dream. They can reach the middle added over $1 trillion of debt every sin- that is ahead of us. class. They can achieve the highest of gle year now for the past 4 years, since It is interesting to note that at the their potentialities and their abilities. President Obama has taken office. World Economic Forum—what did they That is the difference. That is $50,000 for every man, woman, point to in terms of their analysis?

VerDate Mar 15 2010 03:17 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.073 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6412 CONGRESSIONAL RECORD — SENATE September 19, 2012 Why did they come to the conclusion You have the service chiefs saying the cent of the budget. You are going to that the United States had fallen from very same thing. have all these cuts that take effect first in January of 2009 when the Presi- So we have all this right in front of that hurt the national security budget dent took office to seventh here this us, staring us in the face, and instead and the jobs that go with that, but you year? Well, they pointed out spending, of dealing with that crisis we are put- also have taxes going up. Tax rates go debt, taxes, regulations, redtape—all ting bills on the floor that really do up on January 1, which will absolutely the things that come from Washington, not have near the consequence—as I devastate job creation in this country DC; all the things that are controlled said, I am sure important; I am not if they are allowed to take effect. In by policies here in Washington; the denigrating at all any of the legislation fact, the total amount of tax increases regulations that continue to spin out the Senate is considering, but it seems that will hit us on January 1, if Con- of various government agencies that to be right now geared a lot more to- gress does not take action, over a 10- drive up the cost of doing business in ward the election than it is about sav- year period is about $5 trillion—about this country, that make us less com- ing the country and doing the things $5 trillion over a 10-year period in addi- petitive; the higher taxes that are that are necessary to avoid this cliff tional taxes. being assessed on our economy in so that is ahead of us and all the disas- Even if you say, as the President many different ways; and, of course, all trous consequences that come with it. does, that you want taxes to go up just the taxes that are going to take hold, Now, just again, a point of fact, and on people who make more than $200,000 take effect as part of ObamaCare, the I mentioned this before. We have had a year or couples who make more than health care law that was passed a cou- now 43 months of 8 percent unemploy- $250,000 a year, you are harming almost ple years ago, that begin to kick in. So ment or above. We have 23 million 1 million small businesses—the very you are going to have higher taxes. Americans who are either unemployed people we are looking to to create the You have the redtape associated with or underemployed. We have seen that jobs to get the economy moving doing business in this country and the the data continues to suggest how slug- again—almost 1 million small busi- bureaucracies, the mandates, the re- gish our economy is, the impact it is nesses that file income tax returns. quirements that are imposed on our having on the middle class in this They are passthrough entities or small businesses and our job creators. country. In fact, middle-class Ameri- flowthrough entities organized as sub- And then, of course, as I said, you have cans are continually hit by continued chapter S corporations or LLCs; there- this massive amount of debt that hangs bad news. fore, they file their business income on like a cloud over our economy. These You start with the fact that since their individual tax returns. And they are all factors that contribute to this President Obama took office, average would see their taxes go up—almost 1 assessment that has basically down- incomes have gone down almost $4,000. million small businesses that represent graded the United States from the No. Added on top of that is the fact that 25 percent of the workforce, hire 25 per- 1 position in terms of global competi- fuel prices have literally doubled in cent of the workforce in this country. tiveness to No. 7. that timeframe—now more than dou- So that is a huge tax increase that is So the question before the house is, bled. In fact, we hit, in the month of facing job creators in this country What can we do? What should we be September—this month—the highest come January 1 of next year. doing to avert that crisis? Well, it fuel prices ever for the month of Sep- These are things on which the House, strikes me, at least, that it starts with tember. That is a cost that is borne by the Senate, and the President of the having a plan and working together, middle-class Americans. One of the big- United States ought to be focused. Yet having the President step forward with gest costs, biggest expenses in their we are not getting that focus. In fact, a plan that would make sure our econ- lives is dealing with getting their kids it is hard to get even information from omy does not go into a recession next to and from school, getting to work, the President of the United States year; that makes sure the defense cuts taking care of the day-to-day activities about how he would implement the se- that would occur under the sequester— for which they are responsible. The questration proposal. We had passed which are terribly disproportionate rel- cost of fuel is a very important pocket- legislation earlier this summer which ative to the size of the defense budget book issue for middle-class Americans. he signed into law in August which re- as a percentage of our total budget—do Then you have news the Kaiser Foun- quired him to submit to the Congress a not harm our national security inter- dation came out with that says health proposal for how he would implement ests; figure out ways to solve that care premiums have gone up by 29 per- sequestration. We finally, after a problem; reduce spending in other cent. That is despite all the assertions delay—he missed the deadline—re- areas to redistribute the cuts. Defense when ObamaCare was being debated ceived that last week, but, again, it represents only 20 percent of the entire that it would drive health care costs lacks specificity, it lacks detail. Con- budget, but it gets 50 percent of the down. In fact, the President, as he cam- gress asked to have that on program, cuts under this across-the-board se- paigned for office 4 years ago, talked project specific areas, and we did not quester that would take effect on Janu- about bringing the premium for an av- get that. So as a consequence, again, ary 1 of next year. erage family down by $2,500. Well, the we are still operating without the in- Our national security experts and our opposite has happened. According to formation that is necessary to do military leadership have said that if the Kaiser Foundation, health insur- something to replace that sequestra- these cuts take effect, we will have the ance costs have gone up by 29 percent. tion. smallest Army since the beginning of Instead of coming down by $2,500 for I have to say that the House of Rep- World War II. You have to go back to the average family, they have gone up resentatives has attempted—they 1940 to find a time when we would have by over $3,000 for the average family. passed in their budget—in the subse- had an Army that is that small. You So whether it is health care costs, fuel quent reconciliation bill that went have to go back to 1915, before World costs, tuition costs, which, by the way, with it—a replacement for this seques- War I, to find a time when we would have gone up by 25 percent, or average tration so that we would not have this have had a Navy that is as small as it incomes that have gone down, you see $1⁄2 trillion cut in our national security will be if these cuts take effect in the this worsening picture for average budget and all the attendant problems number of ships we have at our dis- Americans. All of that will be dramati- and risks that come with that. Yet posal. And we would have the smallest cally complicated by what is going to that was not picked up, that was not Air Force, literally, in the history of happen on January 1 if we do not take acted on here in the Senate. the Air Force. action to avert that crisis. So, unfortunately, we are where we That is what our military leadership What happens on January 1? As I are, which is we are going into the is telling us will happen if these dev- mentioned, you have an across-the- election season now. We have not dealt astating cuts take effect. You have had board cut. It is across the board in the with the across-the-board cuts, the se- the Secretary of Defense, Leon Pa- sense that everything gets hit, but not questration. We have not dealt with netta, the President’s own Secretary, everything gets hit proportionately. the issue of taxes going up on January say that this would be catastrophic, Defense, as I said, gets 50 percent of the 1 on the people who create jobs in this that these cuts would be disastrous. cuts although it represents only 20 per- country. For that reason, we have all

VerDate Mar 15 2010 03:17 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.075 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6413 these analysts—independents analysts, week since the health care law was So it is not a surprise that I will con- government analysts—concluding the passed: to give a doctor’s second opin- tinue to come to the floor with a doc- same thing; that is, we are headed for ion about the health care law because tor’s second opinion because we will a train wreck. That is what we ought one of the reasons I got involved in pol- continue to find where confusing lan- to be focused on right now. itics was, as a doctor, I have concern guage leaves people confused. Frankly, that is not going to happen for my patients, worried that they Now, one of the areas that is so often unless we get some leadership from the were not getting the care they need discussed on the Senate floor is the President of the United States. We from the doctor they want at a lower Congressional Budget Office. Well, they have to have the President engaged, in- cost, realizing the impacts of costs on came out today with a new report. It volved in these discussions if we are the availability of care, the quality of talks about the health care law. No going to try to solve this problem. I care. So when the health care law was surprise. They said they got it wrong a would hope the leadership here in the passed, I had great concerns because I couple of years ago. They have re- Senate would be a partner to that as felt it was going to end up being bad looked at the numbers. This is the Con- well. I know there are Republicans here for patients, bad for the providers—the gressional Budget Office that is sup- who have tried to get votes on ways to nurses and doctors who take care of posed to be an expert on making some replace the sequestration or come up those patients—and terrible for the assumptions and making some sugges- with a substitute for the defense cuts American taxpayer. tions and some predictions. Today they that it includes. We have tried and ac- It was interesting that during the came out with a report called ‘‘Pay- tually gotten some votes on actually discussion of the health care law, ments of Penalties for Being Uninsured extending the tax rates at the end of NANCY PELOSI, the then-Speaker of the Under the Patient Protection and Af- the year, but that was voted down here. House, said that in terms of the health fordable Care Act.’’ But the Democratic leadership in the care law, first you had to pass it before Now, let’s go back. Payments of pen- Senate has to be a party to discussions, you got to find out what is in it. Well, alties for being uninsured. Well, this is as does the President of the United the law has been passed, and as more a health care law that reaches into States, in order for us to do what is and more people are finally finding out every home in America and says: You necessary to avert what we know is what is in it, the law continues to be must buy a government-approved prod- going to be a calamity come January 1 very unpopular. But it is interesting uct. You must have health insurance. unless we change course. that when a law is written behind Not enough money to pay for doctors As we begin to conclude this par- closed doors, passed in the dark of to care for patients but plenty of ticular session of the Senate—I see night, when people on the side who money for IRS agents to investigate that my colleague, the Senator from voted for it actually never read it, did the American people. Wyoming, Mr. BARRASSO, who is a phy- not understand the implications, that What does it say when we go through sician, a doctor, is here. I know he has here we are 2 years later with so many the report? They said, well, they spoken at great length about the im- people still saying: What is in it? thought there would be about 4 million pact of many of the policies that are One of the things I want to visit people who would have to pay penalties coming out of Washington on our small about today is an editorial in the New for being uninsured under the health businesses, on our middle class, and I York Times from just a couple of care law. Well, they were only wrong, certainly would want to give him an weeks ago. It was while I was traveling they say, by 50 percent. They were off opportunity to make some observa- around the State of Wyoming, visiting by 50 percent; not 4 million but 6 mil- tions about that as well. But I want to with people, visiting with former pa- lion Americans will be penalized and conclude by saying I hope that before tients, that an editorial came out with have to pay taxes under the health care this catastrophe hits us, we have the the headline ‘‘A Glitch in Health Care law which the Supreme Court found to foresight and the willingness and the Reform.’’ be constitutional. Well, for 2 years I have been coming courage to take on these big issues. Well, it may not be unconstitutional, back to the Senate floor, week after You cannot solve big issues in this city but it is still unworkable, very week after week, talking about things without leadership. It is going to take unaffordable, and very unpopular. So I that were in this health care law—un- leadership from the President of the come to the floor week after week as intended consequences, things people United States. It is going to take lead- new reports continue to come out say- did not realize were there, did not un- ing CBO was wrong. The New York ership in the Senate. As I stand here derstand were there, were surprised to Times, talking about ‘‘confusing lan- today, we have not seen that. We have find out were there. not passed a budget in 3 years. We have So the headline is ‘‘A Glitch in guage.’’ You know, I would say James Madi- not dealt with any of the long-term Health Care Reform.’’ Right under son, the father of the Constitution, had problems that are posed and raised by that, the subheadline is ‘‘Millions of the fiscal cliff that hits us on January middle-class Americans could be left it right when he said: 1 of next year. I hope that changes. I without affordable coverage.’’ And then You should pass no laws so voluminous hope to see that leadership. And I hope they cannot be read, so incoherent they can- my favorite line, the first line, the first not be understood. we can get this country back on track. paragraph: But that is what Democrats in the Mr. President, I yield the floor. Confusing language in the health care re- The PRESIDING OFFICER. The Sen- form law has raised the possibility that mil- House and the Senate did when they ator from Wyoming. lions of Americans living on modest incomes passed and when the President signed Mr. BARRASSO. Mr. President, I may be unable to afford their employers’ the health care law. would like to associate myself with the family policies and yet fail to qualify for Now, another report has just come remarks of the Senator from South Da- government subsidies to buy their own insur- out within the last couple of days. I re- kota, who speaks so eloquently on the ance. call the President, when he was talking major issues facing our Nation, the Confusing language. That is what about the health care law, said com- concerns of people all around the coun- happens when a law is written behind puterizing medical records would cut try: their quality of life, the cost of en- closed doors, not read by the people waste and eliminate redtape. Now what ergy, the cost of their health care, the who voted for it, and the Speaker of does the report say? Well, it says the impact of government regulations and the House of Representatives of the amount of paperwork, the amount of rules that make it harder and more ex- United States of America says: First, manhours put into just complying with pensive for small businesses to add you have to pass it before you get to the rules and the regulations they have workers to their rolls. find out what is in it. And this is an come up with—they are predicting— A SECOND OPINION editorial in the New York Times 2 and I will get into those who have done I come to the floor today as a physi- years after the health care bill has the predictions—that businesses and cian, a doctor who has practiced medi- been signed into law: Confusing lan- families will end up spending 80 mil- cine in Wyoming, taking care of fami- guage. ‘‘A glitch in health care reform. lion—80 million—hours a year on pa- lies there for about a quarter of a cen- Millions of middle-class Americans perwork trying to comply with this tury, to do as I have done week after could be left without coverage.’’ health care law.

VerDate Mar 15 2010 05:17 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.076 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6414 CONGRESSIONAL RECORD — SENATE September 19, 2012 Former Internal Revenue Service broken promises. He said: If you like In fact, they have been pressed over Commissioner Fred Goldberg said the what you have, you can keep it. We and over to lay out their plan by the current form of the Obama health care now know people who like their health media, by the public, by Democrats. law ‘‘will be a needless administrative insurance are not going to be able to And they refuse. It is just a big secret. and compliance quagmire for millions keep it. He said the insurance rates This past weekend, both Governor of Americans.’’ The Ways and Means would drop by about $2,500 per family Romney and Representative RYAN were Committee in the House of Representa- per year. We have seen the rates have asked again and again to offer even one tives under committee chairman DAVID gone up more than $3,000 a year instead deduction they would limit. Pick one. CAMP found that more than half of of dropping $2,500 a year. Any one. They were asked that so the those 80 million manhours will be con- The promises are many. The realities American people could judge their sumed by small businesses. That is the are quite different than what the Presi- plan. Both refused. It begs the simple group that can least afford to have to dent has promised. That is why the question: What are they hiding? spend this kind of time, this kind of American people continue to find the Well, a former Reagan adviser, Bruce manpower. Talk about productive work health care law unpopular. It is why Bartlett, slammed Ryan’s budget in and nonproductive work, this goes into our seniors who have seen 700 billion of the Fiscal Times writing: ‘‘He offers the category of nonproductive work. So their Medicare dollars taken away only the sugar of rate reductions with- they are either going to hire more peo- from them, not to save Medicare but to out telling us what the medicine of ple to just do paperwork or take people start a whole other government pro- base broadening will be. . . . ’’ from doing productive work and move gram for others, that is why they know He says: them onto the nonproductive side. it is going to be harder to find a physi- Any tax reform plan that simply asserts it They are talking about 40,000 full- cian to take care of them, especially if will collect a certain percentage of GDP in time people working the number of their physician retires or if they move revenue while specifying the rate structure hours they would work to get this 80 to a new location. but not defining the tax base is fundamen- million manhours of work. It is waste- That is why I will continue to come tally dishonest, in my opinion. ful. It creates no wealth overall to the back to the floor to continue to talk Well, I agree. Why is this? Why are economy. It is not a productive activ- about trying to help people get the Ryan and the Republicans so specific ity. So those are the things we see care they need from the doctor they about the taxes they are going to cut week after week. choose at a lower cost. This health care for the rich and so vague about how Then, finally, last week there was a law is bad for patients. It is bad for that is going to be paid for? Well, Ryan group of franchise owners who were providers, nurses, and doctors who take and the Republicans know when we do traveling around visiting with Mem- care of those patients. It is terrible for the math it becomes very clear that bers on Capitol Hill about the impact the American taxpayers. That is why I under their Republican budget the rich of the health care law on them and on believe we need to repeal and replace pay less and the middle class pay more their small businesses. They want to this broken health care law. and the national debt continues to hire people. They want to get people to I yield the floor. grow. The math does not add up. work. We know under the President’s The PRESIDING OFFICER. The Sen- Here is why, here is what the Repub- economy, there are 23 million Ameri- ator from Washington. licans do not want the American people cans who are either unemployed or un- THE RYAN BUDGET to think about: The most expensive deremployed, people looking for work, Mrs. MURRAY. Mr. President, I come loopholes and deductions, the ones Re- looking for better work, looking for to the floor this afternoon to talk publicans would need to eliminate to more hours. about the upside-down values and bla- even start paying for these cuts for the But let’s look at the incentives as tant dishonesty that Congressman rich, those are the ones that middle- well as the consequences that are in- PAUL RYAN and other Republicans have class families depend on and the ones cluded in the health care law. Well, put down on paper and are trying to they benefit from the most, such as the these small franchise owners will tell present to the American people as their personal and dependent exemptions, de- you that in order to try to comply with responsible budget. The truth is it is ductions for their home mortgages, the law and not be driven out of busi- anything but. The Ryan budget would charitable contributions, State and ness because of the expense of the pen- be devastating for middle-class fami- local taxes, child tax credit, college alties and the high level of insurance lies. It would gut our investments in tuition credit. they would have to provide to their education and job training, research, If these deductions are eliminated workers, they only have a couple of and our Nation’s future. It would do all while tax rates are slashed for the rich, choices. of that while cutting taxes for the rich- it would mean a massive transfer of the One of the choices—they do not like est Americans and biggest corpora- tax burden onto the backs of our mid- it, but one of the choices is to cut the tions. dle class. The richest Americans get a number of hours an employee works be- Now, if that is not bad enough, it massive tax cut—an average of over cause then they are a part-time em- gets even worse. The Ryan Republican $250,000 a year for someone who makes ployee. Then they do not have to re- budget would permanently cut tax $1 million a year, according to an anal- ceive the benefits of the mandate, of rates for the wealthiest Americans to ysis by the Tax Policy Center—but the the health care law. That is not what the lowest level in more than 80 middle class, those families who de- they want to do. It is not what the em- years—more than 80 years. It would cut pend on those critical deductions such ployees want. They want to work more taxes for the rich below the scheduled as the home mortgage deduction, end hours. But the consequences of what top rate of 39.6 percent, below the Bush up paying more. They would benefit far the Democrats in this institution have tax cut rate of 35 percent, all the way less from the marginal rate cut than passed, the consequences are that peo- down to just 25 percent if you are a the extra they would pay after losing ple who want to work more are going millionaire or billionaire. But even those deductions. to lose that opportunity. that is not all. If that sounds unbelievable, that is The other thing they are looking at What PAUL RYAN and the Repub- because it is. If that sounds like some- is saying, well, just drop paying for in- licans do not want people to know is thing no elected official would ever surance at all and pay the fine. Pay the their budget does not even add up. It is want to talk about doing, well, that is penalty because the consequences and fiscal fraud. It is a bait-and-switch. It exactly right. So what Ryan and the the incentives are such that the fine is, is a desperate attempt to pull the wool Republicans do when they are asked is from a business standpoint, the path to over the eyes of the American people. simply deny it. They simply say: Oh, follow rather than to provide the high Ryan and the Republicans claim they that is not the case. They claim that level of insurance the President man- would pay for their massive tax cuts loopholes and deductions will only be dates. It may be a lot more insurance for the rich by ‘‘closing loopholes and eliminated for the rich, and the middle than people want or need or that the ending deductions.’’ But they never say class does not have to worry about any- businesses can afford. which loopholes they would close or thing. So I will continue to come back to which deductions they would elimi- Well, that sounds nice, but here is the floor to talk about the President’s nate. what they will not tell the American

VerDate Mar 15 2010 03:17 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.077 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6415 people: It does not add up. The Tax going to be able to catch an airplane would help this country’s hunters and Policy Center took a look at a plan out of here on Friday. anglers. that made a similar claim. Even view- UNANIMOUS CONSENT REQUEST—S. 3525 This week we have an opportunity to ing it in the most generous way, they Mr. President, I will be very quick. I play politics as usual or to get some- could not get it to work. They said: know the assistant leader for the mi- thing done. This Sportsmen’s Act is Even when we assume that tax breaks— nority is here and I don’t want to take the biggest package of sportsmen’s like the charitable deduction, mortgage in- a lot of his time. bills in a generation. It combines, as terest deduction, and the exclusion for The Senator from Montana, Mr. the majority leader said, nearly 20 dif- health insurance—are completely eliminated TESTER, has assembled a broad package ferent bills—all important to the for higher-income households first, and only of legislation. It is bipartisan in na- then reduced as necessary for other house- sportsmen community. holds to achieve overall revenue-neutrality— ture, and that is an understatement, to These bills increase access for rec- the net effect of the plan would be a tax cut support the needs of sportsmen reational hunting and fishing. They for high-income households coupled with a throughout the country. He has worked support land and species conservation. tax increase for middle-income households. with these groups, and I have been in They protect our hunting and fishing That last point is very important. meetings with him where he has tried rights. Most important, they take According to independent analysts, if to get Democratic Senators to back off ideas from both sides of the political you cut rates for the rich as much as and let this package go forward, and aisle. It is not about Democrats. This the Republicans want, and pay for it by there have been adjustments made be- bill isn’t about Republicans or Inde- closing loopholes and ending deduc- cause of problems Republicans had and pendents. This bill is about Americans tions, there is no way to avoid having Democrats had. So I appreciate very and the great outdoors we all share as the middle class pay more. That is a much his work. a nation. fiscal reality. It lays bare the fraud in What his bill does is to combine This bipartisan bill is supported by 56 the Ryan Republican budget. about 20 bills that are important to the different conservation and wildlife Not only does the Ryan Republican sportsmen community around this groups, ranging from the Nature Con- budget decimate programs middle-class country. These measures would pro- servancy and the National Wildlife families depend on, not only does it end mote hunting, fishing and recreational Federation to the NRA. It earned their Medicare as we know it and push access and they would foster habitat endorsement because it includes a wide health care costs onto the backs of our conservation through voluntary pro- range of responsible provisions that are seniors, not only does it cut invest- grams. More than 50 national groups important to sportsmen and women ment in jobs, in education, in training, support this. These are sportsmen and across America. in research, in innovation, in roads and conservation groups. In my role as chairman of the Con- bridges, it does not even add up. It is a This is an example of leadership that gressional Sportsmen’s Caucus, sports- fiscal fraud. I am hoping, now that the is important in this body, to work on men continually tell me about the im- American people have the opportunity things that bring together a disparate portance of access to public lands. to see this clearly, Republicans will group of bills, bipartisan in nature, and Right now there are 35 million acres of stop playing games. Let us get serious try to move forward. We ought to pass public land that sportsmen cannot ac- about the fiscal future of our country this package today. cess. That is why this bill requires 1.5 and work with us on a balanced ap- I ask unanimous consent that the percent of the annual funding of the proach to cut spending responsibly, Senate proceed to Calendar No. 504, S. Land and Water Conservation Fund call on the wealthy to pay their fair 3525, the Sportsmen’s Act of 2012; that set-asides to increase public land ac- share and actually reduce the deficit the bill be read a third time and cess, ensuring sportsmen across the and the debt. As soon as they are ready passed; the motion to reconsider be country access to some of the best to do that, as soon as they are ready to laid upon the table, with no inter- places to hunt and fish in this country. vening action or debate; and any state- accept reality and end this fiscal fraud, This bill also reauthorizes the North ments related to the bill be printed in I know Democrats are ready to make American Wetlands Conservation Act. the RECORD. the kind of balanced and bipartisan This voluntary initiative provides deal the American people expect and The PRESIDING OFFICER. Is there objection? matching grants to landowners who set deserve. aside critical habitat for migratory I yield the floor, and I suggest the ab- Mr. KYL. Mr. President, reserving the right to object, I had asked the dis- birds such as ducks. Over the last 20 sence of a quorum. years, volunteers across America have The PRESIDING OFFICER. The tinguished majority leader if I re- completed more than 2,000 conserva- clerk will call the roll. quested an amendment to his request tion projects and protected more than The legislative clerk proceeded to to add a piece of legislation that he and 26 million acres of habitat under this call the roll. I both support whether he would have Mr. REID. Mr. President, I ask unan- to object to that, and I am presuming successful initiative. The North Amer- imous consent that the order for the his answer is he would have to object. ican Wetlands Conservation Act is a quorum call be rescinded. As a result, rather than doing that and smart investment in both our lands The PRESIDING OFFICER. Without forcing him to object, I will simply and our wildlife, and it needs to be re- objection, it is so ordered. pose my objection at this time. authorized, as this bill does. Mr. REID. Mr. President, we are try- The PRESIDING OFFICER. Objec- My widely supported bill authorizes ing to work through all the issues we tion is heard. the Secretary of the Interior to re- have. There are a few of them—not too The Senator from Montana. evaluate the price of duck stamps to many but a few. But I want everyone to Mr. TESTER. Mr. President, I rise to keep up with inflation. Revenue from know we can finish all of our work to- discuss the Sportsmen’s Act. The these duck stamps has been used to morrow. We can finish it all tomorrow, Sportsmen’s Act is a good piece of leg- purchase or lease more than 6 million but we are not going anyplace. We are islation. It is a piece of legislation acres of wetlands and preserve a viable staying here until Tuesday, probably 3 where, quite frankly, it would be one of waterfowl population. This bill also or 3:30, because we have Yom Kippur on the few times in this body Democrats funds new shooting ranges while en- Wednesday, and then we will be right and Republicans could come together couraging Federal land agencies to co- back here on Thursday. We have to fin- and actually do something that is good operate with State and local authori- ish our work. for this country and not play politics ties to maintain existing ranges. So that means if we can’t work with it. This is a responsible bill that takes things out, we are going to be here Fri- The outdoor traditions in this coun- into account the needs of the entire day, Saturday, and Sunday. I know we try are deep and are an important part sportsmen community. Some folks talk about this once in a while, and of our heritage. That is why 2 years around Washington are asking: Why is usually we are able to work things out, ago, when I became chair of the Sports- this important? But hunting and fish- and I am glad we are. But just in case men’s Caucus, I made it a goal to do ing is a way of life in places such as we can’t, no one should think they are something, something significant, that Montana. One in three Montanans hunt

VerDate Mar 15 2010 03:17 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.078 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6416 CONGRESSIONAL RECORD — SENATE September 19, 2012 big game, and over 50 percent of Mon- The PRESIDING OFFICER. Without I am very disappointed that House tanans fish. Outdoor recreation con- objection, it is so ordered. and Senate leaders have announced tributed $646 billion in direct spending Ms. COLLINS. Mr. President, earlier that rather than consider and complete to the economy in this country just today I voted against invoking cloture these appropriations bills, they would last year. Hunting and fishing is not on the motion to proceed to a 6-month instead kick the can down the road by just recreation, it is a critical part of spending bill, a stopgap measure, and I passing a 6-month stopgap funding bill. our economy. wish to explain to my colleagues and The House has done just that and will In Montana, hunting and fishing my constituents why I voted that way. soon leave town. brings $1 billion a year to our economy, I am deeply disappointed that the With 2 weeks left in the fiscal year, it nearly as much as our State’s cattle in- Senate has been unable to complete the is still not too late. There is no reason dustry. It is big business. It drives and annual appropriations bills on time be- why the individual spending bills could sustains jobs. With bow hunting season fore the start of the new fiscal year. not be brought to the Senate floor, al- open and rifle hunting season opening This is a failure that only reinforces lowing Senators to offer amendments in just a few days, this bill is as timely the public’s perception of gridlock in and letting the Senate work its will on as ever. Washington. It is not as if the start of this important constitutional responsi- The Sportsmen’s Act of 2012 is bal- a fiscal year is a surprise to Members bility. Given the state of our Nation’s anced, it is bipartisan, and it is widely of this body. It happens every year on economy and the need to ensure that supported. It is also fiscally respon- October 1. We know the spending au- tax dollars are wisely and appro- sible. The bill has no cost. thority is going to run out and we priately spent, it is simply unaccept- I have been chairman of the Congres- know one of the most important re- able that we would agree to put our sional Sportsmen’s Caucus for 2 years. sponsibilities of the Congress is to pass government on autopilot for the next 6 In that time I have had folks from all the appropriations bills. months rather than working together over the country telling me why they While the House of Representatives to establish priorities, make the tough love to hunt and fish. They have also has managed to pass 7 of the 12 annual choices to evaluate programs, and to told me how outdoor activities support spending bills, the Senate majority restrain spending. our economy and create new jobs while leader regrettably has not brought a Long-term continuing resolutions sustaining old ones. But they have also single regular appropriations bill to such as the one we are about to con- told me about how much their outdoor the Senate floor for consideration. sider represent an abdication of our re- heritage means to their families and It is important to note that the Sen- sponsibility and often end up with gov- about how concerned they are about ate Appropriations Committee did its ernment departments and agencies, losing those traditions. job. Thanks to the leadership of Chair- particularly the Department of De- Frankly, they have told me about man INOUYE and Vice Chairman COCH- fense, incurring additional costs due to how frustrated they are with Wash- RAN, we have reported 11 of the 12 ap- delays and uncertainty. Think how dif- ington and how too many good ideas— propriations bills, in many cases with ficult it is for Federal managers to de- ideas from both parties—get left behind strong bipartisan support. For exam- cide whether they can enter into long- because of political gridlock right here. ple, as the ranking member of the Ap- term contracts to consider changes in By approving this sportsmen’s pack- propriations Subcommittee on Trans- programs, to manage the dollars they age, we will conserve some of our most portation, Housing and Urban Develop- have, when they don’t know what is productive habitat, pass on our hunt- ment, and Related Agencies, I worked going to happen 6 months from now. In ing and fishing traditions to future very closely with the subcommittee’s generations, and entrust the lands and some cases we do even shorter con- chairman, Senator PATTY MURRAY, to water we share to them. tinuing resolutions that create chaos craft a truly bipartisan bill for fiscal Sportsmen from across the West have and additional costs throughout the been waiting for a bill such as this for year 2013. The T–HUD bill strikes a bal- Federal Government. a generation—a bill with widespread ance between thoughtful investment As our Nation struggles to recover support that preserves our outdoor and fiscal restraint. In fact, this bill and to regain its economic footing, we economy and secures our outdoor her- honors an allocation that is nearly must provide more certainty by com- itage for our children and grand- $14.5 billion or 22 percent less than fis- pleting appropriations bills on time. I children. I know it is getting close to cal year 2010 levels. These deep cuts re- am extremely disappointed this did not election season, but we have time left. flect an even deeper commitment to occur for fiscal year 2013 and, there- The time we are working on is the getting our fiscal house in order. fore, I will continue to oppose the con- taxpayers’ dime, and I think we ought I am proud of the work Senator MUR- tinuing resolution to protest what I be- to get something done. Let’s take some RAY and I did on this bill and the lieve is a failure of leadership. good Democratic ideas and some good strong bipartisan vote of 28 to 1 this Let me be clear: I do not support a Republican ideas and pass them. Let’s bill received from the Appropriations government shutdown, but it is unac- actually do something for the 90 mil- Committee this past April. Like our ceptable that not a single one of the lion sportsmen and women who reside bill, the Agriculture appropriations regular appropriations bills has been in this country and build our economy. bill, the Commerce, Justice, and brought to the Senate floor for consid- Now is the time. Science bill, the Department of De- eration. Indeed, it has been more than We have an opportunity to take a bill fense bill, Energy and Water, Homeland 3 years since the Senate has passed a that does good things for this country Security, Legislative Branch, Military budget. This is simply wrong. We must across the board that, quite frankly, if Construction and Veterans Affairs, and do our work. The American people de- a vote was held on this bill today, I am the State Department and Foreign Op- serve better. confident would pass with a large bi- erations bills were all reported from CYBER SECURITY partisan majority. But as long as we the Appropriations Committee on a bi- Ms. LANDRIEU. Mr. President, I rise are going to play political games and partisan basis. as chairman of the Homeland Security as long as we are going to hold up leg- In putting together all of these bills, Appropriations Subcommittee to en- islation, we will never get to the point the Appropriations Committee func- gage with the ranking member of the where we can do what is right by the tioned the way committees are sup- subcommittee to clarify some apparent American people. posed to function. We worked together confusion on the continuing resolution I urge we get to work and get it done. to develop thoughtful and fiscally re- provision regarding cyber security. I yield the floor, and I suggest the ab- sponsible bills that could be brought to The language in section 137 of this sence of a quorum. the full Senate for consideration, de- continuing resolution regarding cyber The PRESIDING OFFICER (Mr. bate, amendment, and, most likely, security is explicit and clear. The WHITEHOUSE). The clerk will call the passage. But, instead, not a single one phrase that is apparently in question roll. of those bills—not even those bills for refers solely to improvements in the Ms. COLLINS. Mr. President, I ask which the counterpart had been passed Federal Network Security program. unanimous consent that the order for by the full House—was brought to the Federal Network Security is a lim- the quorum call be rescinded. Senate floor. ited program that provides security

VerDate Mar 15 2010 03:17 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.080 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6417 systems on Federal government net- Mr. JOHANNS. I ask unanimous con- convey the gratitude felt by the fami- works. sent to speak for 5 minutes as in morn- lies of the five children whom they No funds or language expand any De- ing business. saved from that burning bus. partment of Homeland Security au- The PRESIDING OFFICER. Without Mr. President, I stand before you thorities. objection, it is so ordered. today on behalf of the Blue Hill com- And, none of the funds or language in RECOGNIZING NEBRASKA HEROES munity and all of my fellow Nebras- section 137 have anything to do with Mr. JOHANNS. Mr. President, I am kans to offer my deepest appreciation regulation of private sector infrastruc- here today to recognize two incredible to Ron Meyer and Phil Petr. ture, and we have confirmed that in heroes from Blue Hill, NE, for their May God bless them and God bless all writing with the Department of Home- courageous actions amidst a terrible those affected by this terrible crash. land Security. tragedy. I thank the Chair. Without this provision, the program On September 5, an accident between I suggest the absence of a quorum. will be suspended due to lack of avail- a schoolbus and a semitrailer claimed The PRESIDING OFFICER. The able funding and the monitoring of the lives of four members of this close- clerk will call the roll. Federal civilian networks will be de- knit farming community in Webster The assistant legislative clerk pro- layed by as much as 6 months, leaving County, NE. My thoughts and my pray- ceeded to call the roll. them vulnerable to infiltration and ers continue to be with the victims, Mr. REID. Mr. President, I ask unan- subsequent breach—and that is all we their loved ones, and the entire Blue imous consent that the order for the are trying to prevent with this provi- Hill community during this very tragic quorum call be rescinded. sion. time. The PRESIDING OFFICER (Mr. BEN- Federal systems are increasingly tar- But through the sorrow of this ter- NET). Without objection, it is so or- geted by individuals, sophisticated rible tragedy, a story has emerged that dered. criminal organizations, and nation truly epitomizes the word ‘‘hero.’’ As Mr. REID. Mr. President, we are try- states that desire to do us harm. There one Nebraska newspaper said: ing to work through and finish all the were 106,000 cyber security incidents on By the grace of God, not all of the kids issues we need to address before we can Federal and other systems reported in riding the bus home from school [have been] finish this work period. I wish to make 2011. We should not postpone critical buried. But their fates could have been much it very clear to everyone, as I said a investments to secure Federal systems. different, if not for two guardian angels. couple hours ago on the floor, that we I should also add that this provision There were five other students riding can finish all our work tomorrow. But is an abbreviated version of what is the bus on that day who, because of the if we don’t finish it tomorrow, we are contained in both of the House-passed selfless actions of two brave men, are going to continue to work on Friday, and Senate-reported Fiscal Year 2013 still alive today. Ron Meyer and Phil Saturday, Sunday, Monday, and Tues- Department of Homeland Security Ap- Petr arrived on this horrific scene just day, until late in the afternoon. propriations bills—something our Com- moments after the crash. Immediately, We have to get done a few things that mittees have been working on all year. the two bravely ran onto the burning are important. I know there are a lot of I will now yield to the subcommit- bus, risking their own lives to save the things we aren’t going to be able to do, tee’s distinguished ranking member, lives of others. They swiftly and coura- but that has been the way it has been who I believe agrees with this clarifica- geously pulled five children to safety. all Congress. I am prepared now to ask tion. A nearby rancher who witnessed their consent to move along on one very sig- Mr. COATS. I concur with the clari- actions said he is sure the five sur- nificant part of what we need to do. fication of my distinguished colleague vivors would have encountered a much The consent I will read into the from Louisiana on the continuing reso- different fate had Ron and Phil not RECORD in just in a short time address- lution funding and language regarding been there that day. They are guardian es voting on a continuing resolution we cyber security. angels whose heroic actions will never need to keep the government running. I strongly support the inclusion of be forgotten. It addresses votes on very different this provision and see it as essential, There were other heroes who arrived concerns of others who have sought to but also limited in scope to only the se- on the scene and acted quickly to pro- hold up consideration on the con- curing of our vulnerable Federal civil- vide care—first responders who also de- tinuing resolution. I believe, with this ian networks. serve to be commended. First respond- consent, we have gone that extra mile. There is clearly disagreement about ers risk their lives to save others each The junior Senator from Kentucky, the best way to address cyber security and every day, just as our gratitude to Mr. PAUL, has been said to be holding more broadly, but that is a completely them should be expressed throughout up everything. We have two American separate issue from the provision in the year. But special recognition is Ambassadors, one to Iraq and one to this continuing resolution. Pakistan, and one would think we As a result, I want to make it very owed to average citizens who happen upon horrific scenes and take heroic should be able to get this done. We clear to my colleagues that this provi- have had something extremely impor- sion does not intrude upon the author- action. Although Ron and Phil would never tant sponsored by, I think, 81 Senators, izers’ jurisdiction, enable a new Execu- ask for it, many in this community a containment resolution relating to tive order on cyber security, or fund have called for their heroism to be rec- Iran. So without belaboring the point, new actions to regulate private sector ognized and to be honored, and I could I have worked things out with Senator infrastructure in any way. PAUL, and we are going to have a vote Again, I thank the Chairman for not agree more. Their willingness to on something he has wanted a vote on yielding to me on this issue, and I yield risk their own lives to save others for a long time. We can do that. the floor. serves as a source of inspiration for all I explained to a few Republicans ear- Ms. LANDRIEU. I thank the ranking of us. lier today—in fact, some last night— member for his concurrence. I concur I am honored to call them my fellow that I was working with Senator PAUL with his remarks. Nebraskans, and I want to personally I suggest the absence of a quorum. thank them. I thank them for their and I think we have done that. He has The PRESIDING OFFICER. The courage and their selflessness. been reasonable, and even though ideo- clerk will call the roll. Acknowledging their heroism in no logically I sometimes disagree with The assistant legislative clerk pro- way lifts the grief and the sorrow that him, I have always found him to be ceeded to call the roll. gripped the community and our State someone I can talk to. So I will be ter- The PRESIDING OFFICER. The Sen- after this crash. ribly disappointed if this person, whom ator from Nebraska. I pray that God brings peace and it has been said by the Republicans ap- Mr. JOHANNS. Mr. President, I ask healing to all those who have been af- pears to be holding up everything, now unanimous consent that the order for fected. But because of Ron and Phil, isn’t holding up everything and that the quorum call be rescinded. my prayer is also a prayer of gratitude. the Republicans, if there is an objec- The PRESIDING OFFICER. Without I thank God for these heroes. I know tion to this, are just hiding behind him objection, it is so ordered. that no recognition can adequately because there is no reason we shouldn’t

VerDate Mar 15 2010 03:41 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.046 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6418 CONGRESSIONAL RECORD — SENATE September 19, 2012 be able to move forward with this legis- work to reach an agreement. We need serted in lieu thereof; that the bill, as lation. to move this vote on the CR. Unless we amended, be read a third time and UNANIMOUS CONSENT REQUEST—S. 3576, S.J. RES. have some agreement, it is going to passed; the Senate insist on its amend- 41, AND H.J. RES. 117 occur at 8:45 tomorrow night, which is ment, request a conference with the Mr. President, I ask unanimous con- when the 30 hours expires. So I think House on the disagreeing votes of the sent that notwithstanding cloture hav- we need to continue to see if we can two Houses; and the chair be author- ing been invoked, at a time to be deter- work our way through the logjam the ized to appoint conferees on the part of mined by me, after consultation with Republicans have put up here. the Senate, consisting of the member- Senator MCCONNELL, it be in order and If nothing happens, we will be out of ship of the Finance Committee; with the Senate proceed to the consider- here in a little bit tonight and proceed all of the above occurring with no in- ation of S. 3576, which is the legislation to vote tomorrow night. But RAND tervening action or debate. I have just referred to by Senator PAUL is not holding up things, as has The PRESIDING OFFICER. Is there PAUL, the text of which is at the desk; been rumored around here for weeks. objection? that there be up to 60 minutes of de- UNANIMOUS CONSENT REQUEST—H.R. 8 AND S. Mr. KYL. Mr. President, reserving bate, equally divided between Senators 3412 the right to object, I ask unanimous PAUL and KERRY or their designees; Mr. President, on July 25, the Senate consent the agreement be modified so that upon the use or yielding back of conducted two important votes on that rather than amending H.R. 8, that that time, the Senate proceed to vote dealing with the so-called fiscal cliff. bill—namely H.R. 8—would be consid- on passage of the bill; that the vote on That day the Senate voted on exten- ered read a third time and passed. This passage be subject to a 60-vote affirma- sion of the tax cuts enacted in 2001, request would let that bill go directly tive threshold; that if the bill does not 2003, and 2009. Democrats, and a major- to the President’s desk. achieve 60 affirmative votes, it be con- ity of the Senate, voted to extend tax The PRESIDING OFFICER. Is there sidered as having been read twice, cuts for 98 percent of American fami- objection to the modification? placed on the calendar; that following lies while at the same time reducing Mr. REID. Mr. President, I hope the the vote on passage of that legislation, the deficit by $1 trillion over 10 years. RECORD can pick up the smile on my S. 3576, the Senate proceed to the con- Republicans, on the other hand, in- face. Why in the world—when the Sen- sideration of Calendar No. 418, S.J. Res. sisted on a vote on their plan—a plan ate has already acted, with a majority 41; that there be up to 60 minutes of de- that provided tax breaks averaging of the Senate saying we do not believe bate equally divided between Senators $160,000 for millionaires at the same there should be taxes extended to the KERRY and PAUL or their designees; time it increased taxes by $1,000 for 25 rich; that we believe in protecting the that upon the use or yielding back of million American middle-class fami- middle class—would we agree to ex- that time, the Senate proceed to vote lies. On July 25, we held votes on those tending all these tax cuts? We can’t do on passage of the joint resolution; that two plans. The Senate voted down the that. That was a bipartisan vote set if the joint resolution is not passed, it Republican plan on a bipartisan basis out in the Senate. That was the Sen- be returned to the calendar; that fol- by a vote of 45 to 54. The Senate passed ate’s position. lowing the vote on the joint resolution, the Democrats’ plan by a vote of 51 to We are asking simply to go to con- the Senate resume consideration of 48. ference on the Senate’s position. The H.J. Res. 117, the continuing resolu- Since then, the House of Representa- other side is insisting the minority po- tion; that the motion to proceed be tives also voted on this matter and the sition prevail. That is an unusual situ- agreed to, there be up to 60 minutes of House sent the Senate its revenue ation and that is not the way democ- debate, equally divided between the measure. Now that we have had the de- racy in America works. So I would not two leaders or their designees prior to bate and the votes, it is time to go to accept his modification to my request. a vote on passage of the joint resolu- conference with the House. The Senate The PRESIDING OFFICER. Is there tion; that the vote on passage be sub- has voted and so has the House. It is objection to the Senator’s original re- ject to a 60-vote affirmative threshold; time for us to resolve our differences. quest? that following the vote, the majority We believe the tax extenders should The Senator from Arizona. leader be recognized; and, finally, that not apply to people making more than Mr. MCCAIN. Reserving the right to no amendments, motions or points of $250,000 a year. We should extend them object, the unanimous consent request order be in order during the consider- for people making less than $250,000 a of the majority leader is that we have ation of these measures. 60 minutes, equally divided, in a vote The PRESIDING OFFICER. Is there year. So let’s have a conference on on the Rand amendment. Is that part objection? this. This process would be important. Mr. KYL. Mr. President, reserving Unfortunately, I am sorry to say, my of the unanimous consent? Mr. REID. It would be 60 minutes on the right to object, I appreciate the Republican friends often place road- the amendment, equally divided be- majority leader’s attempt to put sev- blocks in the way of routine Senate eral of these items together. I would business. This is simply routine. Just tween Senator KERRY and Senator note that our side has only had a little last week, Moody’s said it would prob- PAUL. If the Senator wants more time, over an hour to try to work this ably cut America’s credit rating if con- and we are not doing much now, we through our membership. I know there gressional leaders couldn’t reach an could have more time. is one objection that I will need to agreement to address the fiscal cliff Mr. MCCAIN. I would hope the major- interpose, but I would encourage the and produce long-term deficit reduc- ity leader would have some under- majority leader to meet with Senator tion. The bill the Senate passed in July standing that we are talking about cut- ting off aid to several countries that MCCONNELL when he is available so is a big part of dealing with that fiscal they can continue to work on this as a cliff and the American people deserve are allies which could have an incred- potential way to proceed. But at this their leaders to move to advance this ible effect on the entire Middle East. The majority leader wants to have 60 time, on behalf of Senator JOHN legislation, and that is why I am going MCCAIN, I will interpose an objection. to ask the following consent, which is minutes, equally divided, on a measure The PRESIDING OFFICER. Objec- simply going to conference on a bill that, if passed, would have the most tion is heard. that has passed the House and a bill Draconian effects on the entire Middle Mr. REID. Mr. President, to everyone that has passed the Senate. East, a part of the world that is in tur- within the sound of my voice, I say I ask unanimous consent that the moil now. The majority leader wants again, we shouldn’t be surprised. Even Senate proceed to the consideration of to have 60 minutes, equally divided, though there had been all this focus on Calendar No. 502, H.R. 8; that all after and with no amendments, obviously, as Senator PAUL, that he was holding up the enacting clause be stricken and the it is the majority leader’s practice not everything, that is not the way it is. text of S. 3412, a bill extending the tax to allow any amendments. I may want He is not holding up everything. It is cuts I have referred to in 2001, 2003, and to have a side-by-side. This is an issue the Republicans. 2009 for 98 percent of Americans and 97 of the utmost gravity and the utmost All this has been cleared on my side. percent of all small businesses, which importance and the majority leader It is unfortunate. We will continue to passed the Senate on July 25, be in- wants to have an hour, equally divided.

VerDate Mar 15 2010 03:41 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.088 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6419 It is absolutely mind-boggling, and I So as I have indicated—and this will that a Baucus amendment, which is at think if we are going to cut off all aid be the third time today—we have work the desk, the text of which is identical to several of our allies, including the to do—not a lot but we have work to to S. 3251, the Family and Business Tax Camp David agreements which call for do. One is to pass the continuing reso- Cut Certainty Act of 2012 as reported aid to Egypt, including an ally in the lution, and we will do that. We can ei- by the Finance Committee, be agreed region called Libya where we just lost ther do it the hard way or the easy to; that the bill, as amended, be read a our brave Ambassador—and the major- way. As you know from the vote on the third time and passed, the motions to ity leader wants to have 60 minutes motion to proceed to that, there is reconsider be laid upon the table with equally divided and with no one al- overwhelming support for that. That is no intervening action or debate, and lowed to have any amendments, second as bipartisan as anything could be. The any statements related to the bill be degree, side-by-side, and then says Re- Speaker and I worked on this with our placed in the RECORD at the appro- publicans are at fault? staffs, and we came up with something priate place as if read. I say to the majority leader, I have I think is pretty fair. So we are going The PRESIDING OFFICER. Is there watched this Senate deteriorate in a to pass that. If the Republicans want to objection? way that is almost spectacular. Here stall on that like they have on every- Mr. KYL. Mr. President, reserving we are on the day before the majority thing else, they can do that. But we are the right to object, it is our view that leader wants us to go out of session, going to finish this. the extension of many provisions of the and we are supposed to just have a vote The American people need that done, Tax Code, which is the subject of the on an amendment that has the most and we are going to get it done. It may leader’s request, makes some sense if profound effect on this Nation’s secu- take a vote on Saturday, it may take we extend all of the provisions of the rity, with 60 minutes equally divided. one on Sunday, but we are going to fin- Tax Code we can. I don’t have a smile on my face, I tell ish the CR. So everybody should under- With that in mind, I ask that the the majority leader. I have a look of in- stand we are not going anyplace. My consent be modified so that the text of credulous dismay and disgust. No. 1 place to go is the Senate. That is House-passed bill H.R. 8 be added to the substitute referred to by the leader; Mr. REID. Mr. President, it would my life, the Senate. So I am going to further, that the bill then be read a seem to me that the Senator’s concern be here and make sure that we do as should be directed toward Senator third time and passed as amended. much of the people’s business as we Mr. REID. Mr. President, we have al- PAUL, not me. It sounds to me he may can, in spite of their No. 1 goal being to ready reached that position. That is vote against the Paul amendment from defeat Obama rather than trying to not how things work in a democracy what I have heard. If he is that con- legislate for the American people. or, I doubt, anyplace else. So I object cerned about it, I think we should get As I understand it, the request that I to my friend’s suggested modification. it up, and if we want more time, we made has been objected to, and the re- The PRESIDING OFFICER. Is there could have more time on it. But at this quest of the Senator from Arizona has objection to the original request? stage, no amendments would be called been objected to; is that right? Mr. KYL. We would also then object for, and I think we should vote on the The PRESIDING OFFICER. The ma- to the original request. Paul amendment. jority leader’s original request, H.R. 8, The PRESIDING OFFICER. Objec- I think it is pretty clear as to what has not been objected to. tion is heard. has gone on this past Congress. When Mr. KYL. And the leader is right with Mr. MCCAIN. Mr. President, would the Republican leader says his No. 1 regard to intentions. His intention was the majority leader yield? issue is to make sure Obama doesn’t to object to my request; mine is to ob- Mr. REID. Sure. get reelected, I think that probably is ject to his request. That is correct. Mr. MCCAIN. Mr. President, I am not what has held up this Congress from Mr. REID. So we have dual objec- against the RAND PAUL amendment doing all kinds of things. tions. being voted on by the Senate. I do ob- Now, let me rewind. Since I have The PRESIDING OFFICER. Objec- ject to an hour equally divided. I object been the majority leader—which has tion is heard. to the fact that we do not have either been 6 years—we have had to try to The majority leader. side-by-side or second-degree amend- overcome 380 Republican filibusters. UNANIMOUS CONSENT REQUEST— ments, which is the normal parliamen- This is two now. During the same pe- H.R. 9 AND S. 3521 tary procedure. riod of time—6 years—that Lyndon Mr. REID. Mr. President, last month Since the majority leader had to in- Johnson was President—and he was the Senate Finance Committee re- ject the ‘‘No. 1 objective is defeat majority leader before he became ported bipartisan legislation on what Barack Obama’’ routine again, I would President—he had to file cloture once. are called the tax extenders. like to point out this is the least pro- My friend from Arizona and I have The Finance Committee tax extender ductive Congress since 1947; that for served together now 30 years in the legislation addresses a significant part the first time in 51 years we are not Congress. His agitation should not be of the so-called fiscal cliff. The Finance taking up the Defense authorization directed toward me. They are the ones Committee bill would extend relief bill; for the first time in 51 years, when holding up hundreds of bills in the En- from the alternative minimum tax we are fighting a war in Afghanistan, ergy Committee and basically every- through 2013. It would extend tax in- that we can’t find the time in the Sen- thing we have tried to do because their centives for renewable energy and en- ate to take up the bill that is so impor- No. 1 goal, if they follow their leader— ergy conservation through 2013, and it tant to the security of this Nation. and they have done a pretty good job would extend through 2013 the tradi- So the majority leader shouldn’t be doing that—has been to make sure the tional extenders, among which are the proud of his record, as he mentioned, country is in such a shape that maybe R&D tax credit, the State and local including the fact that this Congress is they may get lucky and have Governor sales tax deduction, and the tuition de- the least productive since 1947. But Romney elected. duction. most of all, in 50 years—in 50 years—we So if there is going to be objection by The Finance Committee reported have not taken up the Defense author- the assistant majority leader, I under- that bill with a strong bipartisan vote ization bill that we have taken up for stand that. But don’t be blaming RAND of 19 to 5. The bill cuts taxes by $205 50 years because other majority leaders PAUL for everything being held up. billion. It cuts taxes by $143 billion in who set the calendar have understood Here is what we have held up, and I fiscal year 2013 alone. Passing this bill its importance to the men and women will mention it just briefly. Wouldn’t it today would help remove some of the who are serving in the military and our be nice if America had an ambassador uncertainties surrounding tax policy. national security. to Iraq? Wouldn’t it be nice if America Passing this bill today would help our I again urge that instead of this had an ambassador to Pakistan? economy. Passing this bill is the least back-and-forth and mutual objections Wouldn’t it be nice if a piece of legisla- we should do now. and nothing getting done around here— tion that has 81 cosponsors dealing So I ask unanimous consent the Sen- I know and the majority leader knows with the Iran containment resolution, ate Finance Committee be discharged we could take up the Defense author- that we could vote on that? from further consideration of H.R. 9; ization bill and get it done in a matter

VerDate Mar 15 2010 05:17 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.090 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6420 CONGRESSIONAL RECORD — SENATE September 19, 2012 of a few days, and we could have since If an hour is too short, we haven’t half of Senator MCCAIN tonight has June. But instead we do this back-and- been doing much today, there is plenty nothing whatsoever to do with the forth, which makes us the least produc- of time to debate legislation. So I am Romney campaign against President tive Congress since 1947, with an ap- happy to do that. Obama. We just heard my colleague, proval rating by the American people Mr. President, I understand the rules Senator MCCAIN, talking about the that deservedly is in the single digits. of the Senate fairly well. This is not concerns he has cutting off aid cold So I repeat: I would be glad to enter the first time a Senator has held things turkey to some very important coun- into a unanimous consent agreement up. I came here during the days of the tries in the world in the middle of a on the Rand amendment, although I Senator from Ohio, Howard Metzen- crisis. would also tell the majority leader baum, and he was pretty good at slow- Who will be another speaker raising that we may now be establishing a ing things down and holding things up. those same concerns tomorrow? Our precedent that one Senator can hold up Jesse Helms was really good at it, and Democratic colleague, Senator KERRY. the entire Senate until that Senator we have had a number of others. This is a bipartisan question of wheth- gets the vote he is demanding. So as I have said on the Senate floor, er this is the right policy for our coun- I could hold up the Senate and de- I think we should change some rules try. I suspect the Obama administra- mand a vote on the National Defense around here. I am not for getting rid of tion and the President himself would Authorization Act, which was reported the filibuster. I don’t want to get rid of generally be supportive of the position to this body in June. Senator KYL the filibuster, but we need to change expressed by Senator MCCAIN and Sen- could hold this body hostage for a vote the filibuster rule. Why should we ator KERRY. because of the various pieces of legisla- have, on every piece of legislation, a I wish we could have a conversation tion they have. I am not doing that, motion to proceed? It takes the Senate around here, just once, without having but I am saying when we are looking at a week to get on a bill when a single it portrayed as some kind of partisan an issue as serious to this Nation’s se- Senator objects to it. That doesn’t political exercise. This is not a par- curity as cutting off all aid in one fell sound very good to me. tisan political exercise. It is a question swoop without even amending, or with I hope with a new Congress we can of reasonable people having different an hour of discussion, I think it is al- change some of the rules around here. views about what the best policy is, most incredible that we would consider But I am happy to work with my friend and the lives of Americans are on the such a parliamentary procedure when from Arizona. I know he is someone line so it needs to be considered care- we are talking about what is at stake. who travels the world. He has been in fully, thoroughly, and with other op- So I hope we can work out an agree- the forefront of changes that have tions possibly being raised. That is ment. I don’t feel like staying here this taken place in this world. I understand what my colleague Senator MCCAIN is weekend either, but I also have some his concern about this legislation. saying. That is why I interposed the concern about the safety and security If he has something else he thinks objection on his behalf. of the men and women who are serving might work better than this, talk to I do think, if the parties can get to- in our diplomatic corps overseas be- Senator PAUL. I am always reachable, gether tonight, tomorrow, potentially cause if that amendment did pass, I any time of the night or day. work out a way to approach the issue guarantee you, you would see a reac- Mr. KYL. Mr. President, might I so it can be debated for the appropriate tion in these countries if we announce make a response to the leader? length of time and any alternatives arbitrarily that we are cutting off all Mr. MCCAIN. I believe it is not Sen- presented, then we could move on with aid to them. ator PAUL who sets the parameters for things. But let’s do it in the context of So I think we ought to understand how many hours of debate and amend- the issue before us, not suggesting it the consequences of the Rand amend- ments and others; I believe it is the has something to do with the Presi- ment, and it probably would take more majority leader. Could I talk to the dential campaign because that would than an hour equally divided. majority leader about how long the de- be incorrect. I thank the majority leader for lis- bate should be or whether we can have The PRESIDING OFFICER. The ma- tening. amendments? That is all I am saying. jority leader. Mr. REID. Mr. President, to my Mr. REID. I will say this so it will Mr. REID. Mr. President, the reason I friend—and he is my friend for whom I save a lot of trouble for anybody. We went into that is because my friend have admiration and respect—the sen- are not going to have amendments to Senator MCCAIN talked about how lit- ior Senator from Arizona makes my this. Amendment days are over. We tle we have accomplished. I didn’t case. He is absolutely right. This is, I have been blindsided many times on bring that up. I indicated why we have am sorry to say, the least productive amendments. accomplished so little. Congress perhaps ever. Why? Because I will be happy if my friend can come I also say to my two Republican everything we have tried to do they up with something that will allow friends who are on the floor—there are have objected to. Everything. maybe a side-by-side or something. I three actually—this: The resolution, a Once in a while we are able to work will be happy to do that. I am open to piece of legislation that Senator PAUL together to get something done, but he negotiations in any way that is reason- is putting forward, I am not going to has made my case for me, absolutely, able. If someone does not want to con- vote for it. Senator PAUL knows that. because their No. 1 goal has been to de- tact RAND PAUL, I will—if somebody Democrats are not going to vote for feat the President of the United States feels awkward doing that, I do not. I this. The problem is the Republicans for reelection. feel totally free to talk to any Senator are split, not us. They are split. Their Now, we have had a lot of debates. about anything. That is why I reached own caucus is split on what to do with Senator PAUL has been here many out to RAND PAUL. the Paul amendment, not us. times talking about this issue. I have Mr. KYL. Mr. President, if I might I am happy to work with everybody. no lock on wisdom around here. There continue, I think the point is this I have conferred. I say to the Repub- are a lot of people who have much more unanimous consent was made before lican assistant leader, I talked to my wisdom than I do. But I do have the ob- everyone had been fully consulted. I leadership team this morning. I talked ligation to try to move legislation appreciate the leader is trying to move to my caucus today about this. Repub- along on things that we have to work things along, but it does illustrate the licans have a caucus the same time we on here. If people want more time on proposition that everyone needs to be do and they knew, and they knew be- this, fine. I have worked with Senator consulted so the question of time and fore the caucus because everybody PAUL. He has agreed to this. If there potential other considerations could be knew, what was going on with this. It are some reasonable changes, I will dealt with. I suspect, through the lead- was no secret. I talked to Republican agree to those. I am not locked in. But er’s good offices, that will be done this Senators before their caucus. This is no whoever wants to do this, I would sug- evening and tomorrow morning. Per- surprise. gest they go to Senator PAUL, not to haps something can be worked out, as The hour time I put was arbitrary. I me. I am happy to be a conduit to try I said when I interposed my objection. acknowledge that. If somebody wants to get something done that is reason- But one point I wanted to make is more time to debate this issue, I am able and fair. this. The objection I interposed on be- fine. I don’t care.

VerDate Mar 15 2010 03:41 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.091 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6421 I appreciate my friends’ involvement, returns. This means that not counting which is part of the record of his Janu- both of them. the Vice President, there are 19 mem- ary 2009 nomination hearing. As I said, The PRESIDING OFFICER. The Sen- bers of the Cabinet who do not release we don’t need to speculate whether ator from Iowa. their tax returns during the Senate Secretary Geithner completely paid his DISCLOSURE OF TAX RETURNS confirmation process. taxes. We know as a fact he did not, to Mr. GRASSLEY. Mr. President, as a As I said, no Cabinet official is re- the tune of over $48,000. matter of senatorial courtesy, since I quired to make his or her tax returns Secretary Kathleen Sebelius dis- am referring to some things that the public. This goes to the details of the closed that in preparation of her con- majority leader has said previously, Finance Committee’s vetting process. firmation she filed amended tax re- not recently but previously, I have in- All nominees referred to the com- turns for 2005, 2006, and 2007. She volun- formed him of what I was going to say. mittee are required to submit copies of tarily made this information public in On August 2, the majority leader de- their last three filed tax returns. These the form of a letter to Chairman BAU- cided that the valuable time of this copies, along with other financial data, CUS and me. This letter was printed in body would be best employed by specu- are shared with a very limited number the record of her nomination hearing. lating on the contents of the tax re- of staff, specifically designated by the The result of those amended returns turns of Presidential candidate Gov- chairman and ranking member of the was that she paid a total of $7,040 in ad- ernor Mitt Romney. These remarks Senate Finance Committee. ditional taxes and $878 in interest to also touched on the vetting process of While being reviewed, the returns the Internal Revenue Service. the Senate Finance Committee. It is themselves are kept under a very tight Finally, I wish to mention former that aspect of this to which I want to control. Most staff for the committee Senator Tom Daschle, who was the ad- refer. and ranking member do not have ac- ministration’s nominee to be Secretary As a senior member of the Finance cess to the tax returns. Neither the of HHS for a brief period of time in Committee as well as former chairman chairman nor the ranking member may 2009. Although Mr. Daschle withdrew and ranking member, I have come to unilaterally release the tax returns or his nomination before the committee familiarize my colleagues with the information obtained from those tax held a hearing on his nomination, it committee’s vetting process. returns. This means that even when I was widely reported, including in the On Thursday, August 2, the majority was chairman of the committee, rules New York Times and the Los Angeles leader exclaimed: prohibited me from unilaterally releas- Times, that he failed to pay more than As we know, he has refused to release his ing a nominee’s tax return or even $128,000 in taxes in the 3 years prior to tax returns. If a person coming before this making public that nominee’s specific his nomination. body wanted to be a Cabinet officer, he tax information. In mentioning Secretaries Geithner couldn’t be if he had the same refusal Mitt When an issue is identified pertaining and Sebelius and Mr. Daschle, I am not Romney does about tax returns. to a nominee’s tax information, the suggesting anything beyond the re- This statement demonstrates a mis- chairman and the ranking member ported facts of their circumstances or understanding of the confirmation jointly determine how to proceed. In- that their tax errors were intentional. process for Cabinet officials and the Fi- formation is only released under bipar- I just want to remind the majority nance Committee vetting process in tisan agreement and after consultation leader of these situations where it is particular. The fact is, most prospec- with the nominee. not necessary to speculate on whether tive Cabinet officers do not need to dis- For example, Secretary Geithner was taxes were owed. close their tax returns. Actually, no given the opportunity to withdraw his While I appreciate the leader’s new- prospective Cabinet officer is required nomination before the world learned of found attention to the Finance Com- to make their returns public in ordi- his failure to pay all his taxes. He was mittee’s vetting process, I wish to as- nary circumstances. To my knowledge, also provided an opportunity to review sure everyone has clear understanding the Finance Committee is the only the bipartisan memo the committee of how this vetting process in the Sen- committee that asks nominees to pro- eventually released. ate Finance Committee works. I will be vide copies of tax returns. Specifically, In sum then, no nominee vetted by happy to discuss the committee’s pro- the Finance Committee asks that the Finance Committee needs to make cedure with any interested colleague. I nominees provide copies of their last their tax returns public, and in the ma- am sure Ranking Member HATCH and three Federal tax returns. The com- jority of the cases no information is re- his staff would also be happy to discuss mittee may request further returns if leased. Additionally, the purpose of the the process with anyone who was inter- it is warranted by the circumstances of vetting is not to damage the credibility ested. that particular time. of the nominee. I bet those seeking I suggest the absence of a quorum. The committee asks for this informa- Governor Romney’s tax returns are op- The PRESIDING OFFICER. The tion for a few reasons. To begin with, erating under a completely different clerk will call the roll. many nominees referred to the Finance standard. I especially find it inter- The legislative clerk proceeded to Committee, such as the Secretary of esting that the majority leader com- call the roll. Treasury and the Commissioner of the pared Governor Romney to Cabinet of- Mr. REID. Mr. President, I ask unan- IRS, will be able to exercise significant ficials when speculating as to the con- imous consent that the order for the influence over tax policy and adminis- tents of Governor Romney’s returns. quorum call be rescinded. tration. Additionally, the examination There seems to be an implication that The PRESIDING OFFICER (Mr. of a nominee’s tax return sheds light a discovery of unsatisfied tax obliga- BEGICH). Without objection, it is so or- on the nominee’s character. Over the tions would be problematic to the lead- dered. last few years, several high flyers in er. While the majority leader may want A HIGHER STANDARD the Obama administration have come to speculate as to whether Governor Mr. REID. Mr. President, first of all, up short when measured by their tax Romney has paid his taxes, there are I extend my appreciation to the senior returns. Therefore, the vetting process nominees and officials of the current Senator from Iowa, Mr. GRASSLEY. He utilized by the Finance Committee has administration we know did not com- indicated he was going to say a few received a lot of attention. pletely satisfy their tax obligations. things about me and he told me before- Only two Cabinet officers and one po- I will start this trip down memory hand, and I appreciate that. That is the sition with the status of Cabinet rank lane with our current Treasury Sec- way the Senate should operate. So I ap- are referred to the Finance Committee. retary. Due in large part to his failure preciate very much my friend from These are the Secretaries of Treasury to pay self-employment taxes, irreg- Iowa doing that. and the Department of Health and ularities in Mr. Geithner’s returns He came to the floor and, in effect, Human Services, as well as the U.S. added up to his owing a total of $48,268 said that I said—I have said it on a Trade Representative. As I said before, in taxes and interest to the IRS. Those number of occasions, but he picked one to my knowledge, the Finance Com- seeking a full accounting of the episode date—that Governor Romney could not mittee is the only committee of the may read the bipartisan memorandum be confirmed as a Cabinet officer be- Senate to request copies of actual tax prepared by the Finance Committee, cause to be a Cabinet officer, you have

VerDate Mar 15 2010 03:41 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.092 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6422 CONGRESSIONAL RECORD — SENATE September 19, 2012 to give at least 3 years of your tax re- Congressional Papers Roundtable (CPR) and tion as represented in the records generated turns. Sometimes they ask for more. the Association of Centers for the Study of by your congressional office. So my friend Senator GRASSLEY came Congress (ACSC) encourage you to remember Sincerely, to the floor and suggested he could be H. Con. Res. 307 (5 March 2008), ‘‘expressing LEIGH MCWHITE, CHAIR, confirmed. Well, not really. The Sen- the sense of Congress that Members’ Con- Congressional Papers gressional papers should be properly main- Roundtable, Society ator from Iowa conceded my point. tained and encouraging Members to take all Association of Amer- Mitt Romney could not be confirmed necessary precautions to manage and pre- ican Archivists and for Treasury Secretary. He could not serve these papers.’’ Political Papers Ar- be confirmed as Secretary of Health Established in 1986, the Congressional Pa- chivist, University of and Human Services. He could not be pers Roundtable is composed of members of Mississippi. confirmed as Trade Representative. He the Society of American Archivists who SHERYL B. VOGT, could not even be confirmed as Assist- work with or have an interest in the papers PRESIDENT, ant Secretary of the Treasury for Pub- of members of Congress and the records of Association of Centers lic Affairs and a number of other posi- Congress. CPR provides a forum for dis- for the Study of tions. cussing developments and developing guide- Congress and Direc- tor, Richard B. Rus- But there is a larger point to be made lines in the preservation and management of congressional papers and records. sell Library for Po- here. And why they would bring this up In 2003, ACSC was founded as an inde- litical Research and again I do not know, but they did. But pendent alliance of institutions and organi- Studies. there is a larger point to be made here. zations that support a wide range of pro- When you are running for the highest grams designed to inform and educate stu- U.S. SENATE, office in the land—President of the dents, scholars, policy-makers, and members OFFICE OF THE SECRETARY, United States—you are also held to a of the general public on the history of Con- Washington, DC, September 13, 2012. higher standard of conduct than some- gress, legislative process, and current issues Hon. HARRY REID, one who wants to be a Cabinet officer facing Congress. ACSC encourages the pres- Majority Leader, U.S. Senate, or sub-Cabinet officer who gives us ervation of material that documents the Washington, DC. their tax returns. work of Congress, including the papers of DEAR SENATOR REID: The week of Sep- The least Mitt Romney owes the representatives and senators, and supports tember 17, 2012 marks the third annual cele- programs that make those materials avail- bration of Congress Week, sponsored by the American people—the least he owes able for educational and research use. The Association of Centers for the Study of Con- them—is some honesty and openness. association also welcomes the participation gress (ACSC). The ACSC was founded in 2003 That we do not have. of institutions and individuals committed to as an independent alliance of institutions The Senator from Iowa is correct the goal of promoting a better understanding that preserve the papers of members of Con- about one thing—and this is what he of Congress. gress and promote the study of Congress said: The contents of a candidate’s ACSC has sponsored an annual celebration through the educational use of these collec- taxes do speak volumes about his char- of ‘‘Congress Week’’ since 2009. The central tions. acter. That is what Senator GRASSLEY goal of this national initiative is to foster This year’s celebration builds on successful said, and I agree with him. the study of the U.S. House and Senate, and Congress Weeks in 2010 and 2011, observed by Let’s not forget, Mitt Romney could to promote a wider appreciation for the vital 35 member institutions around the country through lectures, film series, exhibits, and solve this problem tomorrow—to- role the legislative branch plays in our rep- resentative democracy. This year’s theme, appearances by members of Congress. For night—by releasing his tax returns, ‘‘Congress: Chosen by the People,’’ is drawn Congress Week 2012, the ACSC and the Con- which he refuses to do. Why? directly from language in the Constitution gressional Papers Roundtable would like to f and emphasizes that Congress is the only call attention to H. Con. Res. 307 (2008) by branch directly elected by the people. During asking you to insert the attached letter into MORNING BUSINESS Congress Week, ACSC members and partici- the Congressional Record. Mr. REID. Mr. President, I ask unan- pating organizations will feature a range of As Chair of the Advisory Committee on the imous consent that the Senate proceed events including lectures and exhibits to Records of Congress, I support this request to a period of morning business, with highlight the role of legislative branch and because it encourages members of Congress Senators permitted to speak for up to the participatory role of citizens in reg- to preserve their records and history. 10 minutes each. istering to vote, staying informed on issues, Sincerely, The PRESIDING OFFICER. Without and making one’s opinions known to mem- NANCY ERICKSON, bers of Congress. Secretary of the Senate. objection, it is so ordered. Every day, the House and Senate make sig- Mr. REID. Mr. President, the week of nificant contributions to our nation’s his- f September 17th marks the third annual tory. As a Member of Congress, the archival TRIBUTE TO PHIL AND JENNIFER celebration of Congress Week, spon- preservation of your papers is a long-lasting sored by the Association of Centers for form of service to constituents in your state SATRE the Study of Congress. The Association and throughout the nation. We urge you to Mr. REID. Mr. President, I rise to is an independent alliance of institu- embrace the tenets of H. Con. Res. 307: honor Phil and Jennifer Satre, who tions that preserve the papers of Mem- (1) Members’ Congressional papers (includ- have spent more than 35 years as dedi- bers of Congress and use those papers ing papers of Delegates and Resident Com- cated stewards of their community and to promote the study of Congress. missioners to the Congress) should be prop- erly maintained; champions for education. These college Congress Week’s theme this year is sweethearts are model parents, grand- ‘‘Congress: Chosen by the People.’’ (2) each Member of Congress should take all necessary measures to manage and pre- parents, philanthropists, and business Congress is the only branch of the Fed- serve the Member’s own Congressional pa- and community leaders in northern Ne- eral Government that is elected by the pers; and vada. I am pleased that KNBP Public people. It is important, as Members of (3) each Member of Congress should be en- Broadcasting is recognizing the Satres Congress, to manage and preserve our couraged to arrange for the deposit or dona- with a special honor at the 15th Annual own papers for future historical re- tion of the Member’s own noncurrent Con- Aged to Perfection Tribute Dinner. search and study of our democracy. gressional papers with a research institution Phil Satre’s work in Nevada began in Mr. President, I ask unanimous con- that is properly equipped to care for them, and to make these papers available for edu- 1975 with the local law firm Vargas & sent that a letter from the President of Barlett in Reno. Five years later, Phil the Association of Centers for the cational purposes at a time the Member con- siders appropriate. started his career with Harrah’s Enter- Study of Congress and the Chair of the Documenting our democracy through the tainment, where he held various posi- Congressional Papers Roundtable preservation of the record created by Con- tions, including chairman and CEO, about Congress Week be printed in the gress is the work of many. In addition to the until his retirement in 2005. Phil was RECORD. efforts of the National Archives, the endeav- named Best Chief Executive in the Ca- There being no objection, the mate- or involves the efforts of libraries, archival sino and Hotel Industries by the Wall rial was ordered to be printed in the repositories, historical societies, and con- Street Journal and was inducted into RECORD, as follows: gressional and public policy centers in every SEPTEMBER 2012. state across the nation. We cannot succeed the Gaming Hall of Fame by the Amer- DEAR MEMBER OF CONGRESS: In honor of without you. Please take steps to preserve ican Gaming Association, just two of Congress Week (16–22 September 2012), the the historical legacy of your state and na- his many outstanding honors and

VerDate Mar 15 2010 05:17 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.094 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6423 awards. Although Phil is retired, he re- REMEMBERING OFFICER MARK A. A makeshift memorial of crosses can be mains active in the community, serv- TAULBEE found where the crash happened. ing on boards such as the National Taulbee was chasing a suspect around 3:00 Mr. MCCONNELL. Mr. President, I Saturday morning. World War II Museum and the National come to the floor to report to my col- In the midst of the case, another call came Center for Responsible Gaming, NCRG. leagues some sad news. A brave Ken- into 911. ‘‘A lady said a police car had Jennifer Satre was the cofounder of tucky law-enforcement officer has fall- wrecked in front of her house and the officer the Satre Family Fund at the Commu- en in the line of duty. Officer Mark A. was laying outside the vehicle,’’ Johnson nity Foundation of Western Nevada. Taulbee of the Hodgenville, KY, police said. She has served the State on multiple Taulbee was rushed to a hospital. ‘‘His wife department was killed on Sunday, Sep- was working at Hardin Memorial Hospital boards, including the University of Ne- tember 16, when his police vehicle when he arrived. She’s an X-ray technician,’’ vada, Reno Foundation, where she was crashed during the pursuit of a suspect. Johnson said. a board trustee from 2001 to 2006, board Officer Taulbee had been with the It’s believed that’s the last time she saw chair in 2006, and became a trustee Hodgenville Police Department for 13 him. He was then rushed to University of emerita in 2007. Jennifer, a tireless ad- months. Prior to that, he had been a Louisville Hospital. vocate for education, taught at ‘‘My understanding was that he was on his deputy with the Butler County Sher- way to surgery or to X-rays and his heart Peavine Elementary School in Reno for iff’s Department for 3 years. He is sur- stopped. They did CPR but were unable to seven years, nourishing, developing, vived by his wife Elizabeth and two bring him back,’’ Johnson said. and enhancing young minds to con- children, Audra and Austin. Johnson said his phone has been ringing tinue her legacy of great service to the Officer Taulbee upheld a great tradi- non-stop with calls from across the country, community. tion of service and sacrifice that is ob- offering support. Due to their tremendous personal served by the many men and women in ‘‘Hopkinsville and Elizabethtown are going local, State, and national law enforce- to send officers over to work the city so all and professional success, together, Mr. my units can go to his funeral. I guess that’s and Mrs. Satre have generously sup- ment across America. Our country what’s hitting us so hard. It’s the suddenness ported the University of Nevada, Reno, owes them a debt of gratitude for put- of it. It’s just hard,’’ Johnson said. and Stanford University, their alma ting their lives on the line to protect Services for Officer Taulbee will be held at mater. They continue their philan- us and our communities. the Hodgenville Civic Center. Visitation is thropic legacy to the State of Nevada Tragically, Officer Taulbee is the set for Thursday from 3 to 8 p.m. and Friday through the Satre Family Fund, the first and only Hodgenville police offi- 9 a.m. to noon. The funeral will begin at noon on Friday. Phil and Jennifer Satre Harrah’s Em- cer ever lost in the performance of his duty. Across America, 84 law enforce- The officer leaves behind a wife, a 20-year- ployee Scholarship Award, and other old daughter and a 16-year-old son. ment officers have fallen in the line of initiatives focused on community em- f powerment and the quality of edu- duty in 2012. That includes two from cation. the Commonwealth of Kentucky, out of REMEMBERING GEORGE I am pleased to stand here today to a total of approximately 7,800 sworn WASHINGTON ‘G.W.’ GRIFFIN recognize their remarkable contribu- law enforcement officers statewide. Mr. MCCONNELL. Mr. President, I tions to the Nevada family. I am grate- I know my Senate colleagues will rise today to mourn the loss of a good join me in sending my deepest sym- ful to Phil and Jennifer for their excep- man, an honored Kentuckian, and a pathies to Officer Taulbee’s family and tional service, community engage- dear friend. Mr. George Washington his colleagues at the Hodgenville Po- ment, and love for the Silver State. Griffin passed away on December 19, lice Department. We have the deepest You will forever be recognized as great 2011, from complications of pneumonia admiration and respect for police offi- champions for the State of Nevada. at the age of 85. He is deeply missed by cers in every community across Amer- all those who knew and loved him. ica. f George—known to his friends as We recognize theirs is both an honor- G.W.—was a fixture of the Laurel able job and a dangerous one. They TRIBUTE TO BILL CLINE County community and a leader in the bravely risk their lives for ours, and region and the Commonwealth. A co- America appreciates everything they Mr. REID. Mr. President, I stand be- owner and former chairman emeritus do. We cannot be grateful enough for fore you to recognize and honor Mr. of the Laurel Grocery Company, G.W. them and their families. Bill Cline for his dedication to the de- served on the National American velopment and expansion of businesses Mr. President, a recent article ap- peared on the Web site of television Wholesale Grocers Board of Governors in Nevada, across the United States, for two terms beginning in 1967. He was and throughout the world. news station WAVE–3 of Louisville paying tribute to Officer Taulbee and elected president of the Kentucky Bill’s leadership was essential to the Wholesale Grocers Association in 1979, establishment and growth of two U.S. noting the loss felt by his fellow offi- cers. I ask unanimous consent that and the Kentucky Grocers Association/ Commercial Service offices: the first, Kentucky Association of Convenience in Las Vegas in 2001, and the second in said article be printed in the RECORD. There being no objection, the mate- Stores honored Mr. Griffin as Ken- Reno in 2004. The offices have assisted rial was ordered to be printed in the tucky Grocer of the Year in 1986. and continue to assist small- and me- RECORD, as follows: When George retired from the gro- dium-sized business in northern and [From WAVE3.com, Sept. 18, 2012] cery industry in 1997, he left the Laurel southern Nevada expand their inter- Grocery Company well positioned for national exports of products and serv- HODGENVILLE POLICE CHIEF REMEMBERS FALLEN OFFICER success in the 21st century. Fellow ices. Bill has led international initia- HODGENVILLE, KY (WAVE).—Services have members of the grocers industry across tives to develop strong, sustainable been set for a Hodgenville police officer who Kentucky honored G.W. as one of the growth and improve international died in the line of duty. original three inductees into the Ken- trade advocacy with the United States. Officer Mark Taulbee, 44, had been a long- tucky Grocers Hall of Fame in 2005. These initiatives have endorsed green time law-enforcement officer in eastern Ken- G.W. was born in East Bernstadt, KY, building, renewable energy, energy effi- tucky before moving to Hodgenville a little in 1926. He attended the Kentucky Mili- ciency, water conservation and recy- more than a year ago. Despite being at the department a short tary Institute, Wake Forest Univer- cling, all of which hold great potential time, the chief said Officer Taulbee had a sity, and the University of Kentucky. for U.S. exporters. lasting impact on the police force. He served in the U.S. Navy during Bill’s dedication to his community is ‘‘Just like family. It’s really hard,’’ said World War II and was decorated with demonstrated by his 36-year commit- Hodgenville Police Chief Steve Johnson. the Victory Medal, the American Area ment to public service, business devel- ‘‘We’re very tight, and it’s been a shock to Campaign Medal, the Asiatic-Pacific opment, and training. Though Bill re- all of us.’’ Area Campaign Medal, and the Phil- tires on October 1, 2012, as director of The police department of five now prepares to say goodbye to one of its own. ippine Liberations Ribbon. the U.S. Commercial Service in Reno, I ‘‘I am thinking this is the only officer G.W. was also very involved with the look forward to his continued contribu- we’ve ever lost in the line of duty,’’ Johnson Cumberland Valley National Bank, In- tions to the Silver State. said. stitutional Distributors, and played a

VerDate Mar 15 2010 05:17 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.033 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6424 CONGRESSIONAL RECORD — SENATE September 19, 2012 role in the formation of Appalachian The couple have three children, Elizabeth secure the blessings of liberty for the Computer Services in London. He also (Hal) McCoy of Hopkinsville, Ky.; George people of our great Nation. It is an had a hand in Laurel Insurance Com- William (Becky) Griffin of Lexington; and honor to stand on this floor and recog- pany and worked in the printing indus- Winston (Shannon) Griffin of London; and five grandchildren, Winston Park Griffin, nize how we have reaped the fruit of try. In his spare time, G.W. loved UK Charlotte Grace Griffin, Griffin Bell McCoy, their efforts these many years later. athletics, rarely missing a home game. Catherine Rose Griffin, and Bella James f G.W. was a close personal friend to Griffin. me and a strong support of mine going The Griffin family extends heartfelt grati- REMEMBERING GEORGE JOHN back to 1984. I will always be thankful tude to Don Dossett for his loving care and ‘G.J.’ SMITH for his belief in me and his help over assistance with G.W. Griffin these last two Mr. MCCONNELL. Mr. President, I the decades. It was a pleasure to see years. rise to pay tribute to a Kentuckian him every time I made my way to Lon- Funeral services will be held at 11 a.m. Wednesday at First Baptist Church, 804 W. who was a coach, athletic director, and don. I will miss our friendship. 5th Street, London, with Dr. Terry Lester of- teacher to many and a confidant and Elaine and my prayers go to G.W.’s ficiating. good friend to even more. Kentucky family, including his wife Elizabeth; Burial will be in A.R. Dyche Memorial mourns the passing of Mr. George John his daughter and son-in-law, Elizabeth Park. Smith of London, KY, who passed away and Hal McCoy; his son and daughter- Visitation will be held from 5 to 8 p.m. Tuesday at House-Rawlings Funeral Home, on August 17 of this year at the age of in-law, George William and Becky; his 59. son and daughter-in-law, Winston and 510 E. 4th Street, London. Memorial contributions can be made to Known as G.J. to his many players, Shannon; his sister, Margaret Fouts; George W. Griffin Charitable Scholarship friends, and fellow baseball fans, Mr. his five grandchildren; and many other Trust, PNC Institutional Investments, 1900 SMITH was a Laurel County native born friends and family members. G.W. was East 9th Street, Cleveland, Ohio 44114, Attn: in 1953. He began his coaching career at preceded in death by his parents, Lauren Middleton. Laurel County High School in 1977. George W. Sr. and Willie Lee, and his f When he stepped down from that posi- brother William. Mr. President, I ask my U.S. Senate CONSTITUTION DAY OBSERVANCE tion 26 years later, he was ranked among the winningest high school colleagues to join me in mourning the Mr. MCCONNELL. Mr. President, this loss of Mr. George Washington ‘‘G.W.’’ Monday, September 17, our Nation baseball coaches in Kentucky with over Griffin and extending sympathies to celebrated one of our greatest founding 600 victories. the Griffin family. Kentucky is poorer documents the document that has G.J. was also the athletic director at for his loss. guided the discourse of our great Na- South Laurel and the Laurel County An obituary detailing Mr. Griffin’s tion for 225 years. Every September 17, Board of Education. He was inducted incredible life appeared in the Laurel we celebrate Constitution Day. into the Laurel County Sports Hall of County-area publication the Sentinel Americans of all walks of life are Fame and the Kentucky High School Echo. I ask unanimous consent that united by the ideals of equal justice, Baseball Coaches Association Hall of said article be printed in the RECORD. limited government, and the rule of Fame. He was also a member of Mt. There being no objection, the mate- law. It was the vision and determina- Zion Church of Christ. rial was ordered to be printed in the tion of the Founders who wrote and In college, G.J. played basketball at RECORD, as follows: signed the Constitution that makes our the University of Kentucky under [The Sentinel Echo, December 23, 2011] celebration today possible. coach Adolph Rupp. He is survived by GEORGE WASHINGTON ‘G.W.’ GRIFFIN—OWNER More than two centuries ago, the his wife Judy; two sons, Cameron and OF LAUREL GROCERY COMPANY Founders met in Philadelphia to create Trey; a sister and brother-in-law, Char- LAUREL COUNTY, KY.—George Washington a constitution that would preserve lib- lie Jean and Terry Mack; and many ‘‘G.W.’’ Griffin, 85, died December 19, 2011, erty and foster freedom. They estab- other beloved family members and from complications of pneumonia. lished three separate branches of gov- friends. Born on February 28, 1926, in East I ask my U.S. Senate colleagues to Bernstadt, Griffin attended the Kentucky ernment and a system of checks and Military Institute, Wake Forest University balances among them. Ours is still the join me in extending sympathies to the and graduated from the University of Ken- oldest written Constitution in use in family of G.J. Smith as well as his tucky, where he was a member of the Kappa the world. many friends and players. As the home Alpha Fraternity. Having served in World The most important purpose of Con- of Pee Wee Reese and the Louisville War II, he was a proud veteran of the United stitution Day is to teach these lessons Slugger, the Commonwealth of Ken- States Navy. tucky has certainly contributed more He was a member of the First Baptist to the younger generations. I am Church. He was a founding member and past pleased to say that the Kentucky De- than its share to America’s greatest president of the London Country Club and partment of Education has made re- pastime. I am pleased the legacy of long-time member of Biltmore Forest Coun- sources available to secondary schools G.J. Smith will be remembered as a try Club. He served on the board of trustees across the Commonwealth to help them part of the Bluegrass State’s baseball of the University of Kentucky for 16 years, recognize this special day. history as well. which is how he met his partner in crime and The University of Kentucky marked Mr. President, an article describing close friend, the late, great Dr. Otis Single- Constitution Day by inviting speakers G.J. Smith’s life of achievement re- tary. Griffin was past chairman of Laurel Grocery Company, Cumberland Valley Na- and holding historical forums. And at cently appeared in the Whitley County- tional Bank, Institutional Distributors, Lon- the University of Louisville, Constitu- area publication the Times Tribune. I don Rotary Forms, and the Food Marketing tion Day was celebrated with a con- ask unanimous consent that said arti- Education Council (the Red Coats). He was a stitution quiz bowl and constitution cle be printed in the RECORD. board member of Cumberland College, Na- cupcakes. There being no objection, the mate- tional-American Wholesale Grocers Associa- So on this day, we recognize the stu- rial was ordered to be printed in the tion, Kentucky Chamber of Commerce, Ap- dents, teachers, and community lead- RECORD, as follows: palachian Computer Systems, and the Ken- ers in Kentucky and across the Nation tucky Grocers Association. He was an initial [From the Times Tribune, Aug. 20, 2012] inductee into the Kentucky Grocers Hall of who promote and protect the ideals of G.J. SMITH: 1953–2012 our glorious Constitution. Fame. An avid golfer and thoroughbred horse FORMER WILDCAT, COACHING LEGEND We also say a special thanks for our owner/racing enthusiast, he traveled all over DEAD AT 59 the world to pursue his passions, but his fa- men and women in uniform who defend (By Chris Parsons) vorite place was always the great state of it. Kentucky. A diehard UK fan, Griffin never More than two centuries ago, the 39 LONDON.—The Commonwealth of Kentucky missed a home football game until he be- signers of our Constitution gave us a lost one if its sports legends Friday when G.J. Smith, former Kentucky Wildcat and came too ill to attend. more perfect union through a docu- He was preceded in death by his brother, long time Laurel County coach and athletics William ‘‘Bill’’ Griffin. ment that endures and guides us here director, died of a heart attack at the age of He is survived by his wife of 53 years, Eliz- today. 59. abeth Park ‘‘Sis’’ Griffin, and sister Mar- They understood, as we all must, Smith was considered an ambassador of garet Fouts of Lacey, Wash. that above all, government serves to sports in Laurel County on many occasions

VerDate Mar 15 2010 06:58 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.034 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6425 and his love of student athletes is something to a woman who has spent a significant sisting of inputting advertiser information he’ll always be remembered for. Though he amount of her life working to inform and ensuring that the ad would have time on held many titles in his career, the one title and entertain local communities in the air. most common among those that knew Smith ‘‘Frankly, at the time, I had no idea what was that of a friend and teacher. eastern Kentucky through the tele- I was suited for in the television business,’’ Former South Laurel basketball coach vision station WYMT. After 20-plus Cornett said. ‘‘Certainly I had no experience, Steve Wright, who coached under Smith in years and a plethora of job titles with- but evidently Mr. Gabbard knew.’’ baseball as an assistant and basketball when in the company, Ms. Ernestine Cornett Mr. Gabbard must have known, because in Smith was the AD, said Smith’s experiences retired from her position as general a couple of years she took the position of and heartfelt dedication is what sticks out manager in May of 2012 with as much sales assistant and then office manager. And to him more than anything. then, in 1990, when station manager Wayne ‘‘He’s the most fierce competitor I have passion and joy in her heart as when she first began. Martin was promoted to the WKYT station ever been around,’’ Wright said. ‘‘When you in Lexington, Cornett also received a pro- were around him, he just taught you the In the mid-1980s, Ernestine, her hus- motion and began what would be a career value of winning and doing well. band, and their daughter relocated heading WYMT that would last more than 20 ‘‘The thing I learned from him most was from the city of Lexington to Perry years. That career will come to an end with that the kids always came first,’’ Wright County. It was here that the admirable Cornett’s retirement later this month, but it added. ‘‘No matter what he did, he always was Martin whom she credited with her long wanted what was best for the students no works produced by Cornett began. Re- matter what the situation was.’’ sponding to an ad in the newspaper tenure at WYMT, and with her landing the Wright said one of his fondest memories began the journey of this extensive tel- job in the first place. with Smith was after South Laurel won the ‘‘Certainly Wayne Martin was a big part of evision-business career. I have great re- my success at WYMT, as he recommended state championship in 2005, when they shared spect for Ernestine as she started at a special moment after the game. me for his replacement, and although I was ‘‘He wasn’t a real emotional guy, but after the bottom, worked hard, and eventu- intimidated at the prospect, I knew it was a that game he came over and gave me a big ally progressed to the top of the hier- once-in-a-lifetime opportunity,’’ Cornett hug,’’ Wright said. ‘‘It was a moment as archical ladder. said. coach, it was a moment as an AD and it was Ambitiously, she pressed through to Martin returned to Hazard on Tuesday of a moment as a father and I’ll always remem- accomplish great things, not only for this week, as he attended a special lunch to ber that. eastern Kentucky but also for the tele- honor Cornett’s career and noted that her ‘‘We were able to share a dream that we leadership has been a cornerstone at WYMT both had,’’ he added. ‘‘It really was like a vision company in which she was em- now for 22 years. mountain top for both of us, and I look back ployed. Working for WYMT television ‘‘Her leadership has been one which I know on that because it was a moment that I station, Ernestine knew that her I’ve tried to emulate because of her integ- think he really enjoyed and could say ‘my friends and family would be adequately rity, and sense of fair play, and her absolute school just won the state championship.’ ’’ updated with weather and news an- passion for eastern Kentucky,’’ Martin said. As a basketball player in his younger days, nouncements, as well as sports and WYMT was purchased by Gray Television Smith became the only player to lead two other forms of entertainment. The tele- in 1994, an Atlanta-based media company different teams to the Sweet 16 in consecu- that owns several other stations, including tive years after he first led Hazel Green in vision station matured and displayed WKYT in Lexington and WVLT in Knoxville. 1970, and Laurel County after consolidation ample signs of success while Ernestine When Gray took over WYMT, Cornett’s title in 1971, when he was also named a High was aboard with the company. changed to vice-president and general man- School All-American and played for the Ken- Her motivation in life was to make ager. tucky All-Stars. sure that eastern Kentucky was knowl- In the years that Cornett has headed Smith’s coaching career spanned 26 years, edgeable and well-informed. Finally, WYMT, the station has shown growth and with a career total of 662 wins, 15 district ti- success, and has also maintained its rel- tles and six region championships as head after 27 years of working, Ernestine Cornett retired in order to enjoy time evancy as eastern Kentucky’s only localized coach. Smith’s teams never had a losing sea- television broadcast. There are no other tele- son during Smith’s tenure and won 30 games with family and the next phase of her vision stations that cater solely to the east- six times. life. Ernestine trusts that WYMT will ern Kentucky market. The station has been Current Corbin baseball coach Rob continue to prosper and the team mem- able to do that, Cornett explained, because Ledington, who played for Smith in high the station serves the community, both as a school and got his first coaching job under bers will carry on with her same pas- him, said his relationship with Smith was sion. local advertising source and a news outlet often misconstrued, yet grew in Smith’s The Hazard Herald recently published that offers hard news updates and features, later days. an article about the accomplishments as well as weather, sports, and entertain- ‘‘Our relationship was a lot stronger than a of Ms. Ernestine Cornett, and I would ment options for the residents of eastern Kentucky. That was something that had lot of people realized,’’ said Ledington. ‘‘I ask unanimous consent that said arti- got my start in baseball with him as a player never been done on television prior to and I got my first coaching job under him. cle be printed in the RECORD following WYMT’s creation. ‘‘A lot of the stuff that I do as a coach, as my remarks. And as a native and resident of eastern a teacher, and as a father, I learned from There being no objection, the mate- Kentucky, as well as the leader of a media him,’’ he added. ‘‘Outside of my immediate rial was ordered to be printed in the outlet, Cornett knows well the importance family, he was the most influential person in RECORD, as follows: that a news organization can represent, and my life. We’ve had disagreements, but that’s the service it can provide. [From the Hazard Herald, May 30, 2012] just part of being a family. It’s a sad day for ‘‘As a local, I was a manager fully invested baseball and it’s just as sad a day for me per- Ronald Reagan was president, very few in the success of this station because I can sonally.’’ people had ever heard of high-definition tele- remember what it was like before WYMT As a result of Smith’s high-school basket- vision, and a small CBS affiliate with the came along,’’ she said. ‘‘I would not want to ball accolades, he was a member of Adolph call letters WYMT was about to revolu- return to those times. Now, I will be fully in- Rupp’s famed Super Kitten recruiting class. tionize the way eastern Kentuckians got vested in the station in new ways, as a view- While he was at UK, Smith was a part of his- their news each day. er, as a consumer.’’ tory twice as he played in the final games of It was 1985, just two years after Ernestine But there have been a lot of changes and John Wooden of UCLA (the 1975 NCAA Cham- Cornett and husband Keith had returned to challenges along the way that Cornett pionship game) and Rupp. Smith said on sev- their native Perry County with their four- oversaw during her career. Gone are the ana- eral occasions that his favorite UK memory year-old daughter Ashley in tow. Keith had log broadcasts, and WYMT’s newscasts are was when the Wildcats knocked off top- just sold his accounting and income tax busi- not solely offered on television anymore. ranked Indiana, 92–90, to end the Hoosiers’ ness in Lexington. ‘‘Our news can be watched on the World 34-game winning streak in the Mideast Re- They were, as Ernestine put it, ‘‘starting Wide Web and on mobile devices,’’ she noted. gional final game in Dayton, Ohio. over in familiar surroundings.’’ ‘‘And, although it took us years to get a sat- Arrangements will be handled by House- A graduate of Hazard High School, and ellite truck, there are now small portable de- Rawlings Funeral Home in London. then Morehead State University, Ernestine vices that can transmit news packages The family will hold a visitation after 6 Cornett had been substituting in the city through phone and data lines. Technology in p.m. Monday night and the funeral will be and county school districts when she ran this business is always moving forward. Our Tuesday at 11 a.m. across an ad in the Hazard Herald for a posi- challenge is to keep up.’’ f tion at this new television station. She an- Cornett will spend her last day at the sta- TRIBUTE TO ERNESTINE CORNETT swered the ad, interviewed with a Lexington tion in Hazard on Friday, and of course, after broadcaster by the name of Ralph Gabbard, a long career there are going to be some Mr. MCCONNELL. Mr. President, I and got the job in the avails coordinator po- things she will miss, from the people she stand before you today to pay tribute sition, a job which she described as con- meets every day in the station’s hallways to

VerDate Mar 15 2010 06:58 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.038 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6426 CONGRESSIONAL RECORD — SENATE September 19, 2012 the excitement of being inside the news ma- condolences to the many family mem- TRIBUTE TO MONTFORD POINT chine as it does its work. But at the same bers and friends who knew and were MARINES time, she knows that WYMT won’t miss a loved by Martin Dock Scott, Jr. Mr. DURBIN. On June 27, 2012, Con- beat with the management team in place, I would ask my U.S. Senate col- and she’s certainly happy about that. gress presented the Congressional Gold ‘‘We have a great cohesive crew here and a leagues to join me in commemorating Medal to the first African Americans great management team in Neil Middleton, his commitment to service and in ex- to serve in the United States Marine Jim Boggs, Louise Sizemore, and Philip tending sympathies to the Scott fam- Corps, the Montford Point Marines. Hayes,’’ she noted. ‘‘I am leaving the station ily. The Commonwealth of Kentucky More recently, the personal story of in very capable hands, thus I have am leav- will be proud to remember the life and three of those marines from southern ing with a wonderful sense of pride and deeds of Mr. Martin Dock Scott, Jr. Illinois was brought to my attention. peace.’’ Mr. President, an obituary for Mr. Most people have heard of the Cornett said she doesn’t have any specific Scott as provided by the family re- plans after her retirement is final, and after Tuskeegee Airmen and the Buffalo Sol- attending school or working for the majority cently appeared in local newspapers. I diers, but until recently, the Montford of her life, she is ready for what she called ask unanimous consent that said obit- Point Marines were largely unknown ‘‘unstructured days.’’ uary be printed in the RECORD. to the general public. During the 1940s, ‘‘I have no immediate plans except to There being no objection, the mate- segregation and discrimination were enjoy my family, get up every day and do rial was ordered to be printed in the pervasive in this country. Unfortu- what pleases me,’’ she said, and from all ac- RECORD as follows: nately, the Marine Corps was no excep- counts that is something she has certainly BOWLING GREEN, KY.—Martin Dock Scott, tion. earned. Jr., 65, answered his Lord’s call on Wednes- To counteract the injustice, Presi- ‘‘She’s a very compassionate person, and day, September 5, 2012, surrounded by family dent Franklin D. Roosevelt issued an she realizes the needs, day to day, of the peo- at his residence following a brave battle with ple that work here,’’ noted Phil Hayes, chief Executive order that prohibited racial cancer. engineer at WYMT. ‘‘She didn’t micro- discrimination in the national defense Martin was born January 10, 1947, in Day- manage anyone, but she was able to com- industry, including Federal agencies. ton, Ohio. He graduated from Menifee Coun- prehend and anticipate what it took to make This order forever changed the Marine ty (KY) High School in 1965 after which he this station operate as efficiently as it has, Corps from an all-white fighting force served his country in the U.S. Army in Korea and she’s just a great person to work with.’’ and in Viet Nam 1966 to 1970, receiving two to one comprised of those willing to ‘‘You couldn’t have a better boss than Er- Bronze Stars during action in Viet Nam. He serve. nestine Cornett,’’ added Neil Middleton, served on the Bowling Green Police Depart- Camp Montford Point, NC, is the site WYMT’s news director. ‘‘I think the way we ment as patrolman and later as detective where the first African Americans who look at Ernestine is, she was our boss, but from November 11, 1970 until his retirement joined the Marine Corps were trained. more importantly she is our friend, and she on April 30, 1989, when he then became a Nearly 20,000 African Americans is family.’’ Commonwealth’s Detective for the Warren trained there, many of whom served f County Commonwealth’s Attorney’s Office. honorably in World War II. The ma- REMEMBERING MARTIN DOCK Martin served 23 years under Common- rines established Camp Montford Point SCOTT, JR. wealth’s Attorneys Morris Lowe, Steve Wil- adjacent to Camp Lejeune and those son, Michael Pearson, and Chris Cohron. Mr. MCCONNELL. Mr. President, I Martin was an active member of the Ken- who trained there were known as the rise today to pay tribute to an honored tucky Fraternal Order of Police for 39 years, Montford Point Marines. Kentuckian and a man of great accom- serving as President of Bowling Green Lodge One man who answered the call to plishment who proudly served our #13 for 12 years and as President of the Ken- serve was Carbondale, IL, resident Ar- chibald Mosley. In 1942, Mosley said country. Mr. Martin Dock Scott, Jr. of tucky State Lodge for 18 years. He was a 14- year member of American Legion Post #23, a that he was a ‘‘girl-crazy’’ typical teen- Bowling Green, KY, passed away life member of KY VFW 5712 and a Master ager ready to graduate from high Wednesday, September 5, 2012, due to Mason of Lodge #73 of the Grand Lodge of school in Jackson County, IL. An ex- cancer. He was 65 years old. KY, F. & A.M., and a graduate of Eastern ceptional student, Mosley was asked by I have great appreciation for Mr. Kentucky University. the principal, along with a handful of Scott, as he lived such a remarkable He lived a life of service, and most impor- other students, to serve in the marines. life. After graduation from Menifee tant to Martin was his service to his Lord and Savior Jesus Christ through member- Mosley enlisted with two of his County High School, Mr. Scott served friends, Saul Griffin, Jr. and James in the United States Army from 1966 to ship, personal testimony and ministry at Plum Springs Baptist Church. France. Mosley, because his records in- 1970. He served with B Company, 1st Martin is preceded in death by his parents, dicated that he had some college, was Battalion, 52nd Infantry, 198th Light Martin D. and Alpha Vititoe Scott, and by chosen to lead the others. They were Infantry Brigade. Thus far is evidence his infant son, William John Scott. He will sent to train at Camp Montford Point. enough that Mr. Scott lived a worthy be greatly missed by his wife of 43 years, The conditions for the recruits at life, yet he continued onward, and so ViAnn, and their family: son Martin ‘‘Dock’’ Montford Point were miserable. The the list of his service and accomplish- Scott, III and daughter-in-law Stephanie of white men who trained at Camp ment also continues. Bowling Green; daughter Alpha ‘‘Amber’’ Scott Ford and son-in-law Eric of Smiths Lejeune lived in barracks. The African- While in the military, Mr. Scott American men were housed in huts served in Chu Lai, Vietnam, and oper- Grove; and daughter Autumn Annette Scott of Bowling Green; grandchildren Erica, made of beaverboard—similar to thick ated out of LZ Stinson and other land- Brooke, Melanie, Cody, Chase, Cole, Zach, cardboard. The huts had little, if any, ing zones. Needless to say, Mr. Scott Taylor, Lauren, and Reed; great-grand- heat in the winter and no relief from put his life on the line for this country. children Kaden, Callie, Ean, and Isaac; the sweltering temperatures in the In July 1970, Mr. Scott was honorably brothers George Scott of Bowling Green and summer. Nor did they have access to discharged. sister-in-law MaryAnn and Tim Scott of Mid- the same equipment. The African Among his many military decora- dletown, Ohio, and sister-in-law Susie; sister Americans didn’t know how bad it Kathy Harris and brother-in-law Arthur; sis- tions, he earned two Bronze Stars. The was—they weren’t allowed into the first, with ‘‘V’’ Device, was awarded to ter Karen Tehrani all of Bowling Green and sister Sue Brashear and brother-in-law Stan same areas at their White colleagues. Mr. Scott in February 1970 for express- of Trenton, Ohio; sister-in-law Janet Amazingly, despite their willingness ing heroism under combined ground Bradfield of Leonardville, Kansas, and Nicki to die for their country, the Montford and mortar attack while his platoon Ford of Overland Park, Kansas; as well as be- Point Marines still faced incredible in- was providing security for Dai Loc loved aunts and uncles as close to him as justices after the deplorable conditions hamlet. The second medal was received brothers and sister, many nieces and neph- during training. One situation that has in April 1970 for ‘‘meritorious achieve- ews, cousins and dear friends. continually bothered Mosley was when ment in connection with military oper- Visitation is Sunday, September 9, from German prisoners of war were allowed ations against a hostile force.’’ 2:00 to 5:00 p.m. and 7:00 to 9:00 p.m. at J.C. Kirby & Son Lovers Lane Chapel and on to eat before the African-American Ma- Mr. Scott graduated from Eastern Monday, September 10, from 9:00 a.m. to 1:00 rines. He couldn’t understand why the Kentucky University, married ViAnn p.m. at Living Hope Baptist Church. Funeral enemy would be able to eat before one Ford in November 1969, and started a is 1:00 p.m. at the church with burial at Fair- of their marine brothers—it appeared family. I want to convey my deepest view Cemetery #2. that loyalty didn’t extend beyond race.

VerDate Mar 15 2010 06:58 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.025 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6427 After World War II, marines were patents that truly advance ‘‘the eral McKinley’s efforts to lead the Na- sent home to be congratulated by the progress of science and useful arts.’’ tional Guard toward its current role as President. The Montford Point Marines While the changes made by the pat- an operational force. weren’t even recognized for their serv- ent bill were sweeping, I am under no General McKinley has had a distin- ice. illusion that they solved all the prob- guished career, including assignments Decades after the doors opened at lems that confront our patent system. as an instructor pilot, the commander Camp Montford Point, in November of The assertion of patents is too often of the 125th Fighter Wing, the com- last year, Congress finally voted to still used by patent trolls to extract mander of the 1st Air Force, and the award these honorable men with the payment even where there is not in- commander of the Continental United highest civilian award in the United fringement of a valid patent because States Region of the North American States because of their honorable and the cost of litigation makes settlement Aerospace Defense Command. He noble service to America. They were more expedient, and the ‘‘tech patent served in the U.S. European Command called to serve and they responded— wars’’ among the large mobile phone and as Director of the Air National nearly 20,000 strong. companies show the perils to competi- Guard. These assignments culminated Despite the poor treatment, despite tion that can come when companies do in General McKinley earning his fourth the poor jobs, despite the substandard not reach business-to-business resolu- star as Chief of the National Guard Bu- conditions, the Montford Point Ma- tions of their patent disputes. But the reau. He did all of this while logging rines served their country. Before all improvements made by the Leahy- over 4,000 flying hours in a wide range else, they were Americans. Archibald Smith America Invents Act will go a of aircraft and earning the rating of Mosley and his friends lived and long way to making the system work command pilot. breathed the Marine Corps motto, Sem- better for inventors and implementers. While I could reflect on many notable per Fidelis, ‘‘Always Faithful.’’ Enactment of the patent bill was moments in General McKinley’s career, I am thankful that they did. I am more than a victory for American in- I will never forget one in particular. It also thankful that our Nation took the ventors, large and small; it was a dem- was November 10, 2011, when Senator steps we did to ensure those brave onstration that Congress can still work LEVIN and Senator MCCAIN convened an Americans received the recognition in a bipartisan, bicameral matter. I historic hearing of all six sitting Joint they were denied for so many years. stood proudly on the stage 1 year ago Chiefs of Staff, the Department of De- Saul Griffin, Jr. and James France with a Republican chairman of the fense General Counsel, and General didn’t live to see it, sadly, but Rev- House Judiciary Committee, watching McKinley, to examine a proposal I had erend Mosley and many of his fellow the President sign a law on which introduced to add the Chief of the Na- tional Guard Bureau to the Joint marines were able to make the trip to Chairman SMITH and I had worked Washington this summer to receive the closely together for 6 years. Chiefs of Staff. Despite the arguments long delayed thanks from a grateful The legislative success of the patent against this change by all six sitting Nation. bill shows what we can achieve when Joint Chiefs, General McKinley’s meas- ured and reasonable responses won the f we put aside rhetoric and, instead, ne- gotiate and collaborate in good faith. day. Ultimately, 71 senators came to ANNIVERSARY OF ENACTMENT OF We held countless bipartisan, bi- agree with General McKinley and THE LEAHY-SMITH AMERICA IN- cameral meetings, briefings, and dis- joined as cosponsors of what is known VENTS ACT cussions with all interested parties. We commonly as the second National Mr. LEAHY. Mr. President, Sunday worked closely with Director Kappos, Guard Empowerment Act. This bill be- marked the 1-year anniversary of the then-Secretary of Commerce Locke, came law in December 2011, and Gen- eral McKinley was a decisive factor in enactment of the Leahy-Smith Amer- and Members of Democratic and Re- this victory for the National Guard. ica Invents Act. One year ago, I was publican leadership in both the Senate Without his resolve to see the almost pleased to stand on a stage at the and the House of Representatives. Thomas Jefferson High School for In short, the process that took the half a million men and women of the Science and Technology in Virginia patent bill from the Congress to the Guard represented at the top military panel in the national command struc- with House Judiciary Committee chair- President for his signature was one of ture, we would not have triumphed. man LAMAR SMITH, Director of the U.S. which we can all be proud. In an in- General McKinley has offered steady Patent and Trademark Office David creasingly partisan Congress, I was Kappos, Acting Commerce Secretary leadership to the Guard during a truly pleased to have the opportunity to lead historic period. I am grateful to have Rebecca Blank, and others. Together, a legislative process that was, from had him as a partner. Without him, I we watched President Obama sign into start to finish, both bipartisan and bi- doubt our nation would have the world- law the most important changes to our cameral. class operational reserve that we have Nation’s patent laws in 60 years. f today. Many of the provisions of the legisla- GENERAL CRAIG MCKINLEY Congratulations, General McKinley. tion took effect on the 1-year anniver- Best wishes to you, Cheryl, Patrick, Mr. LEAHY. Mr. President, next sary, while other important changes, and Christina as you retire to civilian such as the shift to first-inventor-to- month, a distinguished member of our life. file, will take effect in 6 months. I Armed Forces will retire. I want to rec- commend the Patent and Trademark ognize and congratulate GEN Craig f Office, PTO, for the work they have McKinley, who has spent the last 38 REQUEST FOR CONSULTATION done, in a transparent manner, to pre- years in service to our country, and Mr. COBURN. Mr. President, I ask pare for the new procedures that take who has led the National Guard unanimous consent that my letter to effect this week. through a unique period of challenge, Senator MCCONNELL dated September At its best, our patent system en- change, and triumph. 19, 2012, be printed in the RECORD. courages exploration and invention, General McKinley’s service began There being no objection, the mate- creating wealth, and providing jobs. during another period of dramatic rial was ordered to be printed in the Abraham Lincoln famously said that change. He received his commission as RECORD, as follows: ‘‘the patent system added the fuel of a distinguished graduate of the ROTC U.S. SENATE, interest to the fire of genius.’’ But program at Southern Methodist Uni- COMMITTEE ON THE JUDICIARY, when patents are granted on versity and entered undergraduate Washington, DC, Sept. 19, 2012. unpatentable subject matter or on ob- pilot training at Moody Air Force Base Hon. MITCH MCCONNELL, vious creations already in use, they in Georgia in 1974. With the conclusion Senate Minority Leader, can be misused to stifle competition. of military engagement in Vietnam, Washington, DC. DEAR SENATOR MCCONNELL: I am request- The new patent law will aid the PTO the nation’s military leaders faced a ing I be consulted before the Senate enters in separating the wheat from the chaff, number of questions, including the fu- into any unanimous consent agreements or weeding out low-quality patents that ture role of the National Guard. These time limitations regarding the Local Court- infect our system, and bolstering those same questions would later guide Gen- house Safety Act of 2012, S. 2076.

VerDate Mar 15 2010 05:03 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.066 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6428 CONGRESSIONAL RECORD — SENATE September 19, 2012 While I support the motive behind this leg- 9. Department of Homeland Security’s Fed- based on the premise that citizens who islation and believe ensuring the safety of eral Law Enforcement Training Center vote in our elections are informed state and local courthouses is a noble goal, I (FLETC) programs; and The Survival Shoot- about who is seeking to influence elec- believe the responsibility to address this ing Training Program (SSTP) under FLETC tions. Sadly, we continue to see that issue lies with the state and local govern- is an eight and a half day training program ments. I do not believe the federal govern- that teaches law enforcement officers (LEOs) information obscured by organizations ment has the authority under the Constitu- ‘‘how to employ several types of weapon sys- who are misusing our tax code for po- tion to provide training for local and state tems found in most police arsenals (the serv- litical gain. law enforcement or to provide security ice handgun, shotgun, submachine gun and As we have discussed on this floor equipment to state and local courthouses at rifle). The LEOs will develop marksmanship many times, the Supreme Court opened the federal government’s expense. Further, I skills as well as all pertinent gun handling our campaign finance system to a tor- believe the training program this bill au- skills (drawing from the holster, reloads, im- rent of unlimited and secret special-in- thorizes duplicates existing federal training mediate action, movement and more) at a terest money in Citizens United. But rapid yet controlled pace. Ultimately, the programs. even the Supreme Court acknowledged First, S. 2076 authorizes the Director of the SSTP prepares the LEOs to survive a deadly State Justice Institute (SJI) to carry out ‘‘a force confrontation through competent deci- in Citizens United that disclosure is training and technical assistance program sion making and confident gun handling important: designed to teach employees of State, local, skills.’’ The Reactive Shooting Instructor ‘‘[P]rompt disclosure of expenditures can and tribal law enforcement agencies how to Training Program (RSITP) under FLETC provide shareholders and citizens with the anticipate and respond to violent encounters trains law enforcement instructors in han- information needed to hold corporations and during the course of their duties, including dling their firearms to survive high-stress elected officials accountable for their posi- duties relating to security at State, county, situations. tions and supporters. Shareholders can de- and trial courthouses.’’ The purpose of SJI is 10. Bureau of Alcohol, Tobacco, and Fire- termine whether their corporation’s political to further the development and adoption of arms’ National Firearms Examiner Academy speech advances the corporation’s interest in improved judicial administration in state programs. The training program includes making profits, and citizens can see whether courts in the United States, which is not a training that enables state and local law en- elected officials are in the pocket of so- federal responsibility under the Constitu- forcement officers to identify armed gunmen called moneyed interests.’’ Citizens United v. tion. States are responsible for the adminis- and increase their ‘‘margin of safety.’’ FEC, 130 S. Ct. 876, 916 (2010). tration of their courts. Adding an additional Finally, this bill gives state and local Yet, according to the Center for Re- courthouses priority in obtaining excess fed- allowable purpose to SJI merely broadens sponsive Politics, as of September 13, the unconstitutional reach of this agency. eral security equipment for free from the Government Services Administration after a spending on political advertising by Further, even though S. 2076 does not provide short request period is given to federal agen- groups that either do not disclose, or any additional funding for SJI the agency cies. The courthouse would only pay the could use the authorization of additional re- only partially disclose their donors, costs of transporting the equipment. Equip- sponsibilities as a basis for requesting future has increased four-fold, from $32 mil- ment purchased by the federal government— appropriations from Congress. lion in the 2008 election to more than Second, the SJI training program author- and thereby the American taxpayer—should $135 million at the same point in the ized in this bill potentially duplicates exist- be utilized by the federal government if at all possible. If not, federal agencies may current election. ing federal training programs available to have to purchase equipment they otherwise These groups are exploiting our tax state and local law enforcement. The fol- could have obtained for free but for the state code by organizing as tax-exempt ‘‘so- lowing programs already exist: 1. U.S. Marshal Service’s National Center and local governments taking it. Also, giving cial welfare’’ groups and then spending for Judicial Security, Office of Protective In- states and localities the ability to obtain tens of millions of undisclosed dollars telligence; Shares threat information with this equipment for free may lead to situa- on political campaigns. state and local law enforcement agencies and tions where they acquire the equipment sim- The Internal Revenue Service (IRS)— ply because it is free, not because they truly provides training to state and local law en- the organization that grants these need it. forcement officers who provide courthouse Article I, Section 8 of the Constitution groups their tax-exempt status in the security. Also, provides guidance and sup- enumerates the limited powers of Congress, first place—should be protecting the port to district offices and Judicial Security and nowhere are we tasked with funding or voting public from these groups that Inspectors (JSIs) conducting high threat pro- becoming involved with state and local court pretend to be acting in the social wel- ceedings and protective responses. security. I firmly believe this issue is the re- 2. U.S. Marshal Service’s National Center fare but are instead engaging in par- sponsibility of the states and not the federal for Judicial Security Fellowship Program; tisan politics. government. However, if Congress does act in Provides a three-month training program for The law in this area is clear. 26 this area, we should evaluate current pro- state, local, and international ‘‘court secu- grams, determine any needs that may exist, U.S.C. §501(c)(4) states that ‘‘Civic rity managers.’’ and prioritize those needs for funding by cut- leagues or organizations not organized 3. FBI’s Uniform Crime Reporting (UCR) ting from the federal budget programs for profit but operated exclusively for division and Law Enforcement Officers fraught with waste, fraud, abuse, and dupli- the promotion of social welfare, or Killed and Assaulted (LEOKA) programs; cation. local associations of employees, the UCR and LEOKA collect data on law enforce- Congress must start making tough deci- ment officers who have been killed or as- membership of which is limited to the sions rather than continuing to kick the can employees of a designated person or saulted in the line of duty. The FBI then down the road, leaving our children and conducts LEOKA training programs for state grandchildren to clean up the mess. It is ir- persons in a particular municipality, and local law enforcement personnel based responsible for Congress to jeopardize the fu- and the net earnings of which are de- on this data. ture standard of living of our children by voted exclusively to charitable, edu- 4. FBI’s Law Enforcement Training for borrowing from future generations. The U.S. cational, or recreational purposes’’ are Safety and Survival (LETSS) program; national debt is now over $16 trillion. That exempt from taxation. The word ‘‘ex- Trains FBI, police officers, and international means over $50,000 in debt for each man, law enforcement personnel in survival tech- clusively’’ is in the tax code for a rea- woman and child in the United States. A son. Congress didn’t say ‘‘partially,’’ or niques. year ago, the national debt was $14.3 trillion. 5. FBI Field Police Training program; In- Despite pledges to control spending, Wash- ‘‘primarily.’’ We said that these groups cludes firearm training for state and local ington adds billions to the national debt had to be operated ‘‘exclusively’’ for partners. every single day. In just one year, our na- the promotion of social welfare. The 6. FBI’s Law Enforcement Executive Devel- tional debt has grown by $1.7 trillion or IRS, in writing the implementing regu- opment Association program; Trains heads 11.8%. We cannot continue to support federal lations to the statute, said that, ‘‘An of state and local law enforcement agencies funding for programs and initiatives that are with between 50 and 500 personnel. organization is operated exclusively for not federal responsibilities as dictated by the promotion of social welfare if it is 7. Advanced Law Enforcement Rapid Re- our Constitution. Otherwise, we will never sponse Training (ALERRT) program; Trains get our fiscal house in order. primarily engaged in promoting in officers in dealing with violent situations, Sincerely, some way the common good and gen- including those they face outside of build- TOM A. COBURN, M.D., eral welfare.’’ [emphasis added] By sub- ings and in urban settings. Includes core U.S. Senator. stituting the word ‘‘primarily’’ in the classes such as ‘‘Basic Active Shooter Level f regulation with the word ‘‘exclusively’’ I and II,’’ ‘‘Terrorism Response Tactics—Ad- in the statute, the IRS essentially re- vanced Pistol,’’ ‘‘Combat Rifle,’’ ‘‘Combat INTERNAL REVENUE SERVICE AND defined what Congress required a social Pistol,’’ ‘‘Advanced Rifle Marksmanship,’’ 501(c)(4) ORGANIZATIONS and ‘‘DOD Sniped Course.’’ welfare organization to be. 8. Community Oriented Policing Services Mr. LEVIN. Mr. President, our rep- Mr. President, I asked the IRS for an programs (COPS); resentative form of government is explanation as to why they have not

VerDate Mar 15 2010 05:03 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.056 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6429 responded to the increasing growth of First, the law. The communication identifies a candidate groups that parade as social welfare 26 U.S.C. §501(c)(4) states that ‘‘Civic for public office; groups but are obviously organized for leagues or organizations not organized for The timing of the communication coin- profit but operated exclusively for the pro- cides with an electoral campaign; politically partisan purposes. In my motion of social welfare, or local associations The communication targets voters in a letters, I asked the IRS how they inter- of employees, the membership of which is particular election; pret the explicit language in the tax limited to the employees of a designated per- The communication identifies the can- code which says that entities must op- son or persons in a particular municipality, didate’s position on the public policy issue erate ‘‘exclusively’’ for the promotion and the net earnings of which are devoted ex- that is the subject of the communication; of social welfare, to allow any tax ex- clusively to charitable, educational, or rec- The position of the candidate on the public empt partisan political activity by reational purposes’’ are exempt from tax- policy issue has been raised as distinguishing ation. [Emphasis added.] Merriam-Webster the candidate from others in the campaign, 501(c)(4) organizations. Their response? defines ‘‘exclusively’’ as ‘‘single, sole; whole; either in the communication itself or in That the regulation has been in place undivided.’’ Therefore, it would appear that other public communications; and for over 50 years. That is not an excuse the law prevents entities that organize under The communication is not part of an ongo- if new abuses require a review of an Section 501(c)(4)from any activity that is not ing series of substantially similar advocacy IRS regulation. operated exclusively for the promotion of so- communications by the organization on the I also asked the IRS if they are ful- cial welfare or an association of employees. same issue. filling their enforcement function by Consistent with the law is a 1997 letter The guide further lays out the factors that from the IRS denying tax-exempt status to a indicate when an advocacy communication notifying these groups that are obvi- group called the National Policy Forum. The is not political campaign activity: ously engaged primarily in political ac- letter indicates that the IRS based its denial The absence of anyone or more of the fac- tivity that they are violation of the on the fact that the organization was en- tors listed above; law. Again, the IRS response was inad- gaged in partisan political activity, stating The communication identifies specific leg- equate. During the past 6 months, ac- that ‘‘partisan political activity does not islation, or a specific event outside the con- cording to the IRS letter, no notices of promote social welfare as defined in section trol of the organization, that the organiza- proposed or final revocation have been 501(c)(4),’’ and that the applicant ‘‘benefit[s] tion hopes to influence; select individuals or groups, instead of the issued to section 501(c)(4) organiza- The timing of the communication coin- community as a whole. cides with a specific event outside the con- tions. None. So even under the ‘‘pri- One part of Internal Revenue Service Pub- trol of the organization that the organiza- marily’’ test the IRS is not enforcing lication 557 in its guidance states, consistent tion hopes to influence, such as a legislative the law in the face of the avalanche of with the law, that: vote or other major legislative action (for evidence that our laws are being flout- ‘‘If your organization is not organized for example, a hearing before a legislative com- ed. profit and will be operated only to promote mittee on the issue that is the subject of the social welfare to benefit the community, you communication); The law is clear. Even the watered- should file Form 1024 to apply for recogni- down IRS regulation is clear. It is time The communication identifies the can- tion of exemption from federal income tax didate solely as a government official who is that the IRS enforces the law, or at under section 501(c)(4).’’ [Emphasis added] in a position to act on the public policy issue Another part of Internal Revenue Service least its own regulation. in connection with the specific event (such Publication 557 starts off by agreeing with I ask unanimous consent that the as a legislator who is eligible to vote on the the law and states, ‘‘Promoting social wel- correspondence with the IRS be printed legislation); and fare does not include direct or indirect par- The communication identifies the can- in the RECORD. ticipation or intervention in political cam- didate solely in the list of key or principal There being no objection, the mate- paigns on behalf of or in opposition to any sponsors of the legislation that is the subject rial was ordered to be printed in the candidate for public office.’’ The IRS is accu- of the communication. RECORD, as follows: rately and clearly stating, in some places at It is clear from the application of those U.S. SENATE, COMMITTEE ON HOME- least, that ‘‘social welfare’’ advocacy does factors that what is going on in the U.S. LAND SECURITY AND GOVERN- not include campaigning for or against a with certain 501(c)(4) organizations in their MENTAL AFFAIRS, candidate or candidates. television advertisements are political cam- So far, so good—until that same Publica- Washington, DC, July 27, 2012. paign activities. tion 557 states: ‘‘However, if you submit Hon. DOUGLAS H. SHULMAN, Below are two transcripts of advertise- proof that your organization is organized ex- Commissioner, Internal Revenue Service, ments that were put on television by 501(c)(4) clusively to promote social welfare, it can Washington, DC. organizations. As you can see, the subject of obtain an exemption [from taxes] even if it DEAR COMMISSIONER SHULMAN: I am writing Advertisement #1 is a Democratic Senator, participates legally in some political activ- to express my concern about how the IRS in- and the subject of Advertisement #2 is a Re- ity on behalf of or in opposition to can- terprets the law regarding the extent to publican Senator. This is not a partisan which 501(c)(4) ‘‘social welfare’’ organiza- didates for public office.’’ That language seems inconsistent with the issue. tions can engage in partisan political activ- Television Advertisement #1: other referenced parts of Publication 557 (as ity. The July 13, 2012 response by Lois G. ‘‘It’s time to play: Who is the biggest sup- well as being inconsistent with law and Lerner, Director of Exempt Organizations, to porter of the Obama agenda in Ohio. It’s precedent), unless it means that the exemp- my June 13, 2012 letter was unsatisfactory. Sherrod Brown. Brown backed Obama’s agen- tion isn’t available for the political activity In the response, Ms. Lerner stated that da a whopping 95 percent of the time. He ‘‘The IRS takes steps to continually inform portion funded by 501(c)(4) receipts. Further, an IRS regulation that interprets voted for budget busting ObamaCare that organizations of their responsibilities as so- Section 501(c)(4) states that, ‘‘An organiza- adds $700 billion to the deficit. For Obama’s cial welfare organization to help them avoid tion is operated exclusively for the pro- $453 billion tax increase. And even supported jeopardizing their tax-exempt status,’’ and motion of social welfare if it is primarily en- cap-and-trade which could have cost Ohio ‘‘actively educates section 501(c)(4) organiza- gaged in promoting in some way the common over 100,000 jobs. Tell Sherrod Brown, for tions at multiple states in their development good and general welfare of the people of the real job growth, stop spending and cut the about their responsibilities under the tax community.’’ [Emphasis added.] debt. Support the new majority agenda at law.’’ [Emphasis added.] So the IRS regulation says the law’s re- newmajorityagenda.org.’’ Her discussion does not describe an IRS quirement of ‘‘exclusively’’ really means Television Advertisement #2: initiative to ‘‘continually inform’’ or ‘‘ac- ‘‘primarily,’’ something very different from ‘‘Before Wall Street gave him $200,000 in tively educate.’’ Rather, it shows the IRS is ‘‘exclusively.’’ campaign cash. . . . Before he voted to let passively making some information avail- The IRS webpage cites an internal training bank CEOs take millions in taxpayer funded able once a 501(c)(4) entity is already in ex- article which states: bonuses. . . . Dean Heller was a stockbroker. istence. Further, her discussion of the ex- ‘‘‘[S]ocial welfare’ is inherently an ab- No wonder he voted against Wall Street re- planatory materials available to the public, struse concept that continues to defy precise form; against holding the big banks account- and the materials themselves, are confusing. definition. Careful case-by-case analyses and able. Heller even voted to risk your Social This leads to a predictable result: organiza- close judgments are still required.’’ [Empha- Security here, in the stock market. Dean tions are using Internal Revenue Code Sec- sis added.] Heller: he votes like he still works for Wall tion 501(c)(4) to gain tax exempt status while Fair enough. Street, and that’s bad for you.’’ engaging in partisan political campaigns. In its Compliance Guide for Tax-Exempt Those ads, and so many like them, clearly There is an absurd tangle of vague and con- Organizations, the IRS gives direction re- fit the factors the IRS has laid out in its tradictory materials that the IRS provides. garding how to make a case-by-case evalua- guide for what constitutes a political cam- Making the problem worse is that the IRS tion whether a communication is political. paign activity. The advertisements make no knows there is a problem because of the pub- That Guide says that the following factors pretense at nonpartisanship; they are bla- lic nature of the activity, but has failed to indicate that an advocacy communication is tantly and aggressively partisan communica- address it. political campaign activity: tions.

VerDate Mar 15 2010 06:58 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.097 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6430 CONGRESSIONAL RECORD — SENATE September 19, 2012 Entities that file under Section 501(c)(4) of intervention in political campaigns on behalf tions may ‘‘not participate in, or intervene the Internal Revenue Code and take advan- of or in opposition to any candidate for pub- in . . . any political campaign on behalf of tage of its tax exemption benefits should lic office. However, a section 501(c)(4) social (or in opposition to) any candidate for public have to make a choice: either lose their ex- welfare organization may engage in some po- office.’’), section 501(c)(4) does not contain a empt status (and pay taxes) or eliminate the litical activities, so long as that is not its specific rule or limitation on political cam- partisan political activity. primary activity. However, any expenditure paign intervention by social welfare organi- The IRS needs to immediately review the it makes for political activities may be sub- zations. activities of 501(c)(4) entities engaging in ject to tax under section 527(f)?’’ [Emphasis Question 2. Since partisan political activ- running partisan political ads or giving added] ity does not meet the IRS definition of ‘‘pro- funds to Section 527 organizations that run a. What is the statutory basis of the lan- moting social welfare,’’ how can an organiza- such ads. The IRS needs to advise 501(c)(4) guage that allows 501(c)(4) organizations to tion that participates in any partisan polit- entities of the law in this area and the fac- engage in some political activities? ical activity be ‘‘organized exclusively to tors it will look at in reviewing 501(c)(4) sta- b. How does the IRS keep track of these promote social welfare?’’ tus and tax exemption issues. political activities and ensure that the orga- As stated above, longstanding Treasury Please provide me with the following infor- nization pays the tax under section 527(f)? Regulations have interpreted ‘‘exclusively’’ mation no later than August 10, 2012: 7. In her July 13 letter, Ms. Lerner states as used in section 501(c)(4) to mean pri- 1. How can the IRS interpret the explicit that the IRS also addresses the issue of po- marily. Treasury Regulation § 1.501(c)(4)– language in 26 U.S.C. 501(c)(4), which pro- litical activities in the Forms 990 and 990– 1(a)(2)(i), promulgated in 1959, provides: ‘‘An vides that ??510??(c)(4) entities must operate EZ. organization is operated exclusively for the ‘‘exclusively’’ for the promotion of social Are Forms 990 and 990–EZ made public? If promotion of social welfare if it is primarily welfare, to allow any tax exempt partisan so, where can they be accessed? engaged in promoting the common good and political activity by 501(c)(4) organizations? 8. Internal Revenue Service Publication 557 general welfare of the people of the commu- 2. Since partisan political activity does not states that, if a 501(c)(4) entity can ‘‘submit nity.’’ Applying this Treasury Regulation, meet the IRS definition of ‘‘promoting social proof that [the] organization is organized ex- Revenue Ruling 81–95, 1981–1 C.B. 332, con- welfare,’’ how can an organization that par- clusively to promote social welfare, it can cluded that ‘‘an organization may carry on ticipates in any partisan political activity obtain an exemption even if it participates lawful political activities and remain exempt be‘‘organized exclusively to promote social legally in some political activity on behalf of under section 501(c)(4) as long as it is pri- welfare?’’ or in opposition to candidates for public of- marily engaged in activities that promote 3. The Exempt Organizations 2011 Annual fice.’’ social welfare.’’ Report and 2012 Work Plan states: ‘‘As in any Have the following 501(c)(4) organizations Question 3. The Exempt Organizations 2011 election year, EO will continue its work to a) applied for; and if so, b) received the de- Annual Report and 2012 Work Plan states: enforce the rules relating to political cam- scribed exemption for political activity from ‘‘As in any election year, EO will continue paigns and campaign expenditures. In FY the IRS? its work to enforce the rules relating to po- 2012, EO will combine what it has learned a. Crossroads Grassroots Policy Strategies litical campaigns and campaign expendi- from past projects on political activities b. Priorities U.S.A. tures. In FY 2012, EO will combine what it with new information gleaned from the rede- c. Americans Elect has learned from past projects on political signed Form 990 to focus its examination re- d. American Action Network activities with new information gleaned sources on serious allegations of impermis- e. Americans for Prosperity from the redesigned Form 990 to focus its ex- sible political intervention.’’ f. American Future Fund amination resources on serious allegations of a. Typically, how long after a complaint to g. Americans for Tax Reform impermissible political intervention.’’ the IRS does a compliance review begin? h. 60 Plus Association a. Typically, how long after a complaint to b. What approximate time does it take to i. Patriot Majority USA the IRS does a compliance review begin? review the complaint? j. Club for Growth b. What approximate time does it take to c. How many persons are involved in the k. Citizens for a Working America Inc. review the complaint? enforcement of the 501(c)(4) rules? l. Susan B. Anthony List The IRS routinely receives examination 4. The Exempt Organizations 2011 Annual 9. Have you reminded 501(c)(4)s which pub- referrals from a variety of sources including Report and 2012 Work Plan states that 501 licly seem to be operating in the partisan po- the public, media, Members of Congress or (c)(4) organizations ‘‘can declare themselves litical arena as to the factors you will con- their staff, and has a longstanding process tax-exempt without seeking a determination sider in determining whether they are engag- for handling referrals so that they receive an from the IRS. EO will review organizations ing in partisan political activity? If not, why impartial, independent review from career to ensure that thel have classified them- not? employees. When the IRS receives a referral selves correctly and that they are complying I have enclosed a copy of Ms. Lerner’s let- about a particular organization, it is with applicable rules.’’ ter. If you have any questions, please con- promptly forwarded to the Classification a. Why does the IRS allow 501(c)(4) organi- tact me, or have your staff contact Kaye unit of the Exempt Organizations (EO) Ex- zations to self-declare? Meier of my staff at amination office in Dallas, Texas. Pursuant b. When an organization ‘‘self declares’’ as [email protected] or 202/224–9110. to IRM 4.75.5.4(1), within 30 days of receiving a 501(c)(4) organization, how does the IRS get Again, it is urgent that I receive your an- the referral, the Classification staff begins notice and how long does it take the IRS to swers by August 10, 2012. evaluating whether the referral has examina- conduct the review to ensure that that orga- Sincerely, tion potential, should be considered in a fu- nization has classified itself correctly? CARL LEVIN, 5. The IRS Compliance Guide for Tax-Ex- ture year, needs additional information to Chairman, Permanent Subcommittee empt Organizations states: make a decision, or falls within the cat- ‘‘When a 501(c)(4), (5) or (6) organization’s on Investigations. egories of matters that are referred for EO communication explicitly advocates the Referral Committee review. Although IRM election or defeat of an individual to public DEPARTMENT OF THE TREASURY, 4.75.5.4(1) sets a goal of 90 days to complete office, the communication is considered po- INTERNAL REVENUE SERVICE, reviews of referrals, the time it takes to litical campaign activity. A tax-exempt or- Washington, DC., August 24, 2012. fully review a particular referral varies, de- ganization that makes expenditures for po- Hon. CARL LEVIN, pending on such factors as the issues in- litical campaign activities shall be subject Chairman, Permanent Subcommittee on Inves- volved and the availability of relevant infor- to tax in an amount equal to its net invest- tigations, U.S. Senate, Washington, DC. mation (i.e. organization’s Forms 990, exter- ment income for the year or the aggreate DEAR SENATOR LEVIN: I am responding to nal sources such as media reports, internet amount expended on political campaign ac- your letter to Commissioner Shulman dated searches, etc.). tivities during the year, whichever is less.’’ July 27, 2012, requesting additional informa- In those cases in which the IRS needs addi- a. How does the IRS keep track of these ex- tion about section 501(c)(4) organizations. tional information about the subject of a re- plicit communications and ensure that the This response supplements the previous re- ferral that is not readily available, such as organization pays this tax? sponses dated June 4, 2012 and July 13, 2012, its Form 990 that has not been filed yet for b. What is the reason for the requirement and addresses the additional questions raised the tax year at issue, Classification may sus- that the tax will be based on ‘‘whichever is in your recent letter. pend classifying the referral and places it in less’’ between its net investment income for Question 1. How can the IRS interpret the the follow-up category until the additional the year or the aggregate amount expended explicit language in 26 U.S.C. § 501(c)(4), information is available. Once the additional on political campaign activities? which provides that 510(c)(4) entities must information is received, reviewed, and sup- c. What tax would an organization have to operate ‘‘exclusively’’ for the promotion of ports the referral being classified as having pay if it spends all of its income on political social welfare, to allow any tax exempt par- examination potential, the referral is sent to advertising (therefore it has NO net invest- tisan political activity by 501(c)(4) organiza- unassigned inventory, until a revenue agent ment income)? tions? with the appropriate level of experience for 6. Ms. Lerner’s letter quotes the IRS We note that the current regulation has the issues involved in the matter is available webpage on Social Welfare Organizations: been in place for over 50 years. Moreover, un- to conduct an examination. ‘‘The promotion of social welfare does not like Internal Revenue Code section 501(c)(3), Once in inventory, there are numerous fac- include direct or indirect participation or which specifically provides that organiza- tors that can affect how long it takes to

VerDate Mar 15 2010 07:18 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.065 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6431 complete the examination process. While it ROO looks at an organization’s Form 990, Under the statute cited above, an organiza- is difficult to predict how long any single ex- website, and other publicly available infor- tion that otherwise meets the requirements amination will take, for cases closed in FY mation to see what it is doing and whether it of section 501(c)(4) social welfare tax-exempt 2011, the average time it took to close a case continues to be organized and operated for status, which spends all its income on polit- was 210 days. tax-exempt purposes. If it appears from a ical advertising and has no net investment c. How many persons are involved in the ROO review that an organization may not be income would not owe any tax under section enforcement of the 501(c)(4) rules? compliant, the organization is referred for 527(f). It may however, through such spend- The Exempt Organizations (EO) function is examination. ing (and depending on the otherwise applica- responsible for the enforcement of section Compliance checks: In a compliance check, ble facts of the case), no longer qualify as an 501(c)(4) statutory rules and regulations as IRS contacts taxpayers by letter when we organization that is tax-exempt under sec- well as those applicable to all other types of discover an apparent error on a taxpayer’s tion 501(c)(4). tax-exempt organizations. return or wish to obtain further information Question 6. Ms. Lerner’s letter quotes the For FY 2011, the total number of EO staff or clarification. A compliance check is an ef- IRS webpage on Social Welfare Organiza- was 889. Other than the 14 employees in the ficient and effective way to maintain a com- tions: Director’s office, the three EO offices are pliance presence without an examination. ‘‘The promotion of social welfare does not staffed as follows: We also use compliance check questionnaires include direct or indirect participation or Rulings and Agreements (R&A), which in- to study specific parts of the tax-exempt intervention in political campaigns on behalf cludes EO Determinations and EO Technical, community or specific cross-sector practices. of or in opposition to any candidate for pub- ensures organizations meet legal require- Examinations: Examinations, also known lic office. However, a section 501(c)(4) social ments during the application or private let- as audits, are authorized under Section 7602 welfare organization may engage in some po- ter ruling process, and through guidance. In of the Code. For exempt organizations, an litical activities, so long as that is not its FY 2011, R&A had 332 employees. examination determines an organization’s primary activity. However, any expenditure EO Examinations (Exam) is comprised of continued qualification for tax-exempt sta- it makes for political activities may be sub- various units, including the Classification tus. We conduct two different types of ex- ject to tax under section 527(f). [Emphasis unit, the EO Compliance Unit, and the Re- aminations: correspondence and field. added.] Because the IRS cannot review every exist- view of Operations unit. Exam develops proc- a. What is the statutory basis of the lan- ing organization in every tax year, we use esses to identify areas of noncompliance, de- guage that allows 501(c)(4) organizations to the review techniques described above to velops corrective strategies, and coordinates engage in some political activities? maximize our coverage of the tax exempt with other EO functions to ensure compli- Please see responses to questions 1 and 2, sector in both our general program work and ance, so that organizations maintain their above. our project work. The project work, which exempt status. In FY 2011, Exam had 531 em- b. How does the IRS keep track of these results from our strategic planning process, ployees. political activities and ensure that the orga- is designed to focus on specific areas affect- EO Customer Education and Outreach nization pays the tax under section 527(f)? ing the EO sector and to direct more effec- (CE&O) coordinates, assists and supports the Section 501(c)(4) organizations filing Forms tive use of our resources in the effort to development of educational materials and 990 or 990–EZ are required to report political strengthen compliance and improve tax ad- outreach efforts for organizations to under- activities. Organizations that engage in di- ministration. Described in the EO 2012 Work stand their responsibilities under the tax rect or indirect political campaign activities Plan, the sections 501(c)(4), (5) and (6) Self- law. In FY 2011, CE&O had a staff of 12 em- are also required to complete Schedule C of Declarers is one such project. This project ployees. Form 990 or 990–EZ. Organizations subject to focuses on organizations that hold them- The employees in these functions are re- tax under section 527(f) are required to com- selves out as being tax-exempt rather than sponsible for the regulation of all types of ply with the statutory reporting and pay- tax-exempt organizations, including section seeking IRS recognition of their exempt sta- tus. ment rules. The IRS also receives referrals 501(c)(4) organizations. regarding such activities from a variety of Question 4. The Exempt Organizations 2011 Question 5. The IRS Compliance Guide for Tax-Exempt Organizations states: sources that are handled through an impar- Annual Report and 2012 Work Plan states ‘‘When a 501(c)(4), (5) or (6) organization’s tial, independent review. See the response to that 501(c)(4) organizations ‘‘can declare communication explicitly advocates the question 3 for the description on the IRS re- themselves tax-exempt without seeking a de- election or defeat of an individual to public ferral process. termination from the IRS. EO will review or- office, the communication is considered po- Question 7. In her July 13 letter, Ms. ganizations to ensure that they have classi- litical campaign activity. A tax-exempt or- Lerner states that the IRS also addresses the fied themselves correctly and that they are ganization that makes expenditures for po- issue of political activities in the Forms 990 complying with applicable rules.’’ litical campaign activities shall be subject and 990–EZ. a. Why does the IRS allow 501(c)(4) organi- to tax in an amount equal to its net invest- Are Forms 990 and 990–EZ made public? If zations to self-declare? ment income for the year or the aggregate so, where can they be accessed? The Internal Revenue Code expressly pro- amount expended on political campaign ac- Yes, Forms 990 and 990–EZ are made public. vides that certain tax-exempt organizations tivities during the year, whichever is less.’’ Tax-exempt organizations are required to must give notice to the IRS, by filing an ap- a. How does the IRS keep track of these ex- make their returns widely available for pub- plication for exemption, in order to claim plicit communications and ensure that the lic inspection. Organizations are required to tax-exempt status. The Internal Revenue organization pays this tax? allow the public to inspect the Forms 990, Code does not require an organization to pro- Tax-exempt organizations filing Forms 990 990–EZ, 990–N, and 990–PF they have filed vide notice to the IRS to be treated as de- or 990–EZ are required to report political ac- with the IRS for their three most recent tax scribed in section 501(c)(4). By contrast, for tivities. Organizations that engage in direct years. Exempt organizations also are re- example, Section 508 generally requires an or indirect political campaign activities are quired to provide copies of these information organization to provide notice to the IRS be- also required to complete Schedule C of returns when requested, or make them avail- fore it will be treated as described in section Form 990 or 990–EZ. Organizations subject to able on the Internet. The annual information 501(c)(3). tax under section 527(f) are required to com- returns also are available from the IRS, as b. When an organization ‘‘self declares’’ as ply with the statutory reporting and pay- well as from third-party sources that post a 501(c)(4) organization, how does the IRS get ment rules. The IRS also receives referrals them on their websites. notice and how long does it take the IRS to regarding such activities from a variety of Question 8. Internal Revenue Services Pub- conduct the review to ensure that the orga- sources that are handled through an impar- lication 557 states that, if a 501(c)(4) entity nization has classified itself correctly? tial, independent review. See the response to can ‘‘submit proof that [the] organization is As with other tax exempt organizations, question 3 for the description on the IRS re- organized exclusively to promote social wel- organizations claiming to be tax-exempt ferral process. fare, it can obtain an exemption even if it under section 501(c)(4) generally are required b. What is the reason for the requirement participates legally in some political activ- to file a Form 990 on an annual basis. that the tax will be based on ‘‘whichever is ity on behalf of or in opposition to can- The Exempt Organizations office of the less’’ between its net investment income for didates for public office.’’ IRS is responsible for the compliance of over the year or the aggregate amount expended Have the following 501(c)(4) organizations one million organizations with diverse goals on political campaign activities? a) applied for; and if so, b) received the de- and purposes. In order to ensure the highest The statute under section 527(f) explicitly scribed exemption for political activity from degree of compliance with tax law while states that a 501(c) organization is subject to the IRS? working with limited resources, EO main- its tax based on ‘‘an amount equal to the a. Crossroads Grassroots Policy Strategies tains a robust and multi-faceted post-filing lesser of—(A) the net investment income of b. Priorities U.S.A. compliance program that conducts reviews such organization for the taxable year, or (B) c. Americans Elect of exempt organizations in various ways, the aggregate amount expended during the d. American Action Network such as: taxable year for such an exempt function.’’ e. Americans for Prosperity Review of Operations (ROO) reviews: Be- c. What tax would an organization have to f. American Future Fund cause a ROO review is not an audit, the ROO pay if it spends all its income on political g. Americans for Tax Reform carries out its post-filing compliance work advertising (therefore it has NO net invest- h. 60 Plus Association without contacting taxpayers. Instead, the ment income)? i. Patriot Majority USA

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j. Club for Growth U.S. SENATE, COMMITTEE ON HOME- is revoked, the organization is a taxable en- k. Citizens for a Working America Inc. LAND SECURITY AND GOVERN- tity effective, in general, as of the first day l. Susan B. Anthony List MENTAL AFFAIRS, of the tax year under examination. The orga- Initially, to clarify, section 501(c)(4) orga- Washington, DC, August 31, 2012. nization is required to file Federal income nizations do not receive ‘‘exemption for po- Hon. DOUGLAS H. SHULMAN, tax returns, generally a Form 1120, U.S. Cor- litical activity.’’ Rather, organizations are Commissioner, Internal Revenue Service, poration Income Tax. The tax treatment of recognized under section 501 (c)(4) as tax-ex- Washington, DC. the organization’s contributions and other empt when they demonstrate that they plan DEAR COMMISSIONER SHULMAN: Thank you income is determined under normal rules of to be primarily engaged in activities that for the August 24, 2012 response by Steven T. Subtitle A. promote social welfare. If they meet that Miller, Deputy Commissioner for Services Whether an organization no longer quali- standard, the fact that they engage in other and Enforcement, to my July 27, 2012 letter. fies to be tax-exempt under section 501(c)(4) activities that do not promote social welfare, I find it unacceptable that the IRS appears does not determine whether it is a political such as political campaign intervention, will to be passively standing by while organiza- organization under section 527. Section not preclude recognition of their tax-exempt tions that hold themselves out to be ‘‘social 527(e)(1) defines a political organization as a status. Whether an organization meets the welfare’’ organizations clearly ignore the tax party, committee, or other organization that statutory and regulatory requirements of code with no apparent consequences. is organized and operated primarily for the section 501 (c)(4) depends upon all of the facts Frankly, the response that ‘‘long standing purpose of directly or indirectly accepting and circumstances, and no one factor is de- Treasury Regulations have interpreted ‘ex- contributions or making expenditures for an terminative. clusively’ ’’ as used in section 501(c)(4) to exempt function (as defined in 527(e)(2)). If As discussed in our response to you dated mean ‘‘primarily’’ and the argument that an organization meets this definition, then June 4, 2012, section 6103 of the Internal Rev- ‘‘section 501(c)(4) does not contain a specific its tax status is determined under section enue Code prohibits the disclosure of infor- rule or limitation on political campaign 527. mation about specific taxpayers unless the intervention by social welfare organiza- Subject to certain exceptions, to be tax-ex- empt under section 527, a political organiza- disclosure is authorized by some provision in tions’’ are not persuasive. The word ‘‘exclu- tion is required to give notice electronically the Internal Revenue Code. The IRS cannot sively’’ as written in the statute is clear and to the Service. The required notice form is legally disclose whether the organizations on speaks for itself. Its clarity is not diminished your list have applied for tax exemption (un- Form 8871, Political Organization Notice of because the section does not mimic words in less and until such application is approved). Section 527 Status. To be tax-exempt, the po- another section, which words are also clear. Section 61 04(a) of the Code permits public As a follow-up to your letter, I would like litical organization must file Form 8871 within 24 hours after the date on which it disclosure of an application for recognition to know the following: of tax exempt status only after the organiza- 1. If the IRS determines that an organiza- was established. If the organization has a tion has been recognized as exempt. tion that has been given 501(c)(4) status has material change in any of the information Searching the names exactly as provided, not engaged primarily in social welfare ac- reported on Form 8871, it must file an our records show that the following organi- tivities, but instead was primarily engaged amended Form 8871 within 30 days of the ma- zations have been recognized by the IRS as in activity within the scope of section 527, terial change to maintain its tax-exempt tax exempt under section 501(c)(4). status. When the organization terminates its what are the consequences for the organiza- existence, it must file a final Form 8871 with- Americans For Prosperity tion? What are the consequences for such an in 30 days of termination. American Future Fund organization having not filed timely Forms 60 Plus Association An organization that is required to file 8871 and 8872? Must they file such forms after Form 8871, but fails to file on a timely basis, Patriot Majority USA the fact? What taxes would be due? Will con- Citizens for a Working America Inc. will not be treated as a tax-exempt political tributions that already have been made to organization for any period before the date With respect to the other organizations for that organization be taxable to that organi- Form 8871 is filed. The taxable income of the which you inquired, we will be able to deter- zation? organization for any period in which it failed mine if they have been recognized by the IRS 2. How many 501(c)(4) organizations which to file Form 8871 (or, in the case of a mate- as tax-exempt with additional information, appear to be primarily engaged in political rial change, the period beginning with the such as an address or EIN, that specifically activity have been notified by the IRS with- date of the material change and ending on identifies the organization. Organizations in the last 6 months that they may be in vio- the date it satisfies the notice requirement) often have similar names or maintain mul- lation of the law? is subject to tax and must be reported on the It is urgent that I receive your answers tiple chapters with variations of the same annual income tax return Form 112Q–POL. name. With respect to many of the other or- promptly, and no later than September 10, The tax is computed by multiplying the or- ganizations you identified, numerous organi- please. ganization’s taxable income by the highest zations in our records have very similar Sincerely, federal corporate tax rate, currently 35 per- names. IRS staff can work with your staff in CARL LEVIN, cent. For purposes of computing its taxable identifying the specific organizations for Chairman, Permanent Subcommittee on income for any period, the organization in- which you are interested. IRS staff is also Investigations. cludes its exempt function income (including available to assist your staff to navigate contributions received, membership dues, searchable databases on the IRS public DEPARTMENT OF THE TREASURY, and political fundraising receipts), minus website. As previously discussed, informa- INTERNAL REVENUE SERVICE, any deductions directly connected with the tion on organizations with applications cur- Washington, D.C., September 14, 2012. production of that income, but may not de- rently pending legally cannot be provided Hon. CARL LEVIN, duct its exempt function expenditures for unless and until the application is approved. Chairman, Permanent Subcommittee on Inves- the period. Please note that organizations that hold tigations, U.S. Senate, Washington, D.C. Generally, tax-exempt political organiza- themselves out as tax-exempt without IRS DEAR SENATOR LEVIN: I am responding to tions that have, or expect to have. contribu- recognition and organizations that have your letter to Commissioner Shulman dated tions or expenditures exceeding $25,000 dur- pending applications for recognition are re- August 31,2012, requesting additional infor- ing a calendar year are required to file Form quired to file annual returns/notices. mation about section 501(c)(4) organizations. 8872, Political Organization Report of Con- Question 9. Have you reminded 501(c)(4)s This response supplements the previous re- tributions and Expenditures, beginning with which publicly seem to be operating in the sponses dated June 4, 2012, July 13, 2012 and the first month or quarter during the cal- partisan political arena as to the factors you August 24, 2012, and addresses the additional endar year in which they accept contribu- will consider in determining whether they questions raised in your recent letter. tions or make expenditures. A tax-exempt are engaging in partisan political activity? If Question 1. If the IRS determines that an political organization subject to the periodic not, why not? organization that has been given 501(c)(4) reporting requirement may choose to file As described in the July 13, 2012 response, status has not engaged primarily in social Form 8872 on a monthly basis or on a quar- the IRS takes several steps to continually welfare activities, but instead was primarily terly/semiannual basis, but it must file on educate organizations of the requirements engaged in activity within the scope of sec- the same basis for the entire calendar year. under the tax law and inform them of their tion 527, what are the consequences for the In addition, tax-exempt political organiza- responsibilities to avoid jeopardizing their organization? What are the consequences for tions that make contributions or expendi- tax-exempt status. We believe these steps en- such an organization having not filed timely tures with respect to an election for federal sure the IRS administers the nation’s tax Forms 8871 and 8872? Must they file such office as defined in 527(j)(6) may be required laws in a fair and impartial manner. forms after the fact? What taxes will be due? to file pre-election reports for that election. I hope this information is helpful. If you Will contributions that already have been A tax-exempt political organization that have questions, please contact me or have made to that organization be taxable to that does not timely file the required Form 8872, your staff contact Catherine Barre at (202) organization? or that fails to include the information re- 622–3720. If an IRS audit or examination concludes quired on the Form 8872. must pay an Sincerely, that a section 501(c)(4) organization does not amount calculated by multiplying the STEVEN T. MILLER, engage primarily in social welfare activities, amount of contributions and expenditures Deputy Commissioner for the IRS may revoke the tax-exempt status of that are not disclosed by the highest federal Services and Enforcement. that organization. If the tax-exempt status corporate tax rate, currently 35 percent.

VerDate Mar 15 2010 06:58 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.066 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6433 Question 2. How many 501(c)(4) organiza- in that position he has exemplified the Pentagon announced the deaths of 1,020 tions which appear to be primarily engaged integrity and high standards of fairness troops in Iraq and in Operation Endur- in political activity have been notified by and impartiality which we strive for in ing Freedom, which includes Afghani- the IRS within the last 6 months that they our Federal judiciary. stan. They will not be forgotten, and may be in violation of the law? When the IRS examines a section 501(c)(4) Throughout his years as a Federal today I ask unanimous consent that organization, the objective of the audit is to judge he has never lost sight of the their names be printed in the RECORD. determine whether that organization quali- real-life effects of the court’s decisions There being no objection, the mate- fies for tax-exempt-status as a social welfare on the lives of those who come before rial was ordered to be printed in the organization. As discussed in our June 4, 2012 the court. RECORD, as follows: response to your March 30, 2012 letter, that Bruce and his wife Mary have excit- CW2 Jose L. Montenegro Jr., of Houston, determination looks to whether the organi- ing plans for the next chapter of their TX; CW2 Thalia S. Ramirez, of San Antonio, zation is primarily engaged in activities that lives. They are close friends to my wife TX; PFC Shane W. Cantu, of Corunna, MI; promote social welfare, not organized or op- LCpl Alec R. Terwiske, of Dubois, IN; SSG erated for profit, and the net earnings of Anne, and me. We wish them the very best in future years. Jeremie S. Border, of Mesquite, TX; SSG which do not inure to the benefit of any pri- Jonathan P. Schmidt, of Petersburg, VA; vate shareholder or individual. The examina- f SPC Kyle R. Rookey, of Oswego, NY; SSG tion looks at the activities engaged in during TRIBUTE TO JONA OLSSON Jessica M. Wing, of Alexandria, VA; SGT the complete taxable year at issue. Although Christopher J. Birdwell, of Windsor, CO; SPC the promotion of social welfare does not in- Mr. BINGAMAN. Mr. President, Mabry J. Anders, of Baker City, OR; PFC Pa- clude direct or indirect participation or today I wish to recognize Jona Olsson, tricia L. Horne, of Greenwood, MS; SGT intervention in political campaigns on behalf fire chief of the Latir Volunteer Fire Louis R. Torres, of Oberlin, OH; SGT David of or in opposition to any candidate for pub- Department located near Questa, NM. V. Williams, of Frederick, MD; SFC Coater lic office, a section 501(c)(4) social welfare or- Olsson was recently honored as the 2012 B. Debose, of State Line, MS; SGT Richard ganization can engage in political activities A. Essex, of Kelseyville, CA; SGT Luis A. as long as it is primarily engaged in activi- Volunteer Fire Chief of the Year by Fire Chief for her tireless work at the Oliver Galbreath, of San Juan, PR; SO2 ties that promote social welfare. David J. Warsen, of Kentwood, MI; SO1 Pat- If the IRS believes that an organization Latir Volunteer Fire Department and rick D. Feeks, of Edgewater, MD; PO1 Sean does not meet the requirements under sec- her efforts to increase diversity in the P. Carson, of Des Moines, WA; CW2 Suresh N. tion 501(c)(4), the IRS notifies the organiza- local fire service. She was honored on A. Krause, of Cathedral City, CA. tion of its intention to revoke the organiza- August 3, 2012, during the opening ses- CW3 Brian D. Hornsby, of Melbourne, FL; tion’s exempt status, explaining the law and sion of the International Association of PO1 Darrel L. Enos, of Colorado Springs, CO; reasons for the proposed revocation. The or- Fire Chiefs’ Fire-Rescue International SSgt Gregory T. Copes, of Lynch Station, ganization has 30 days from the date of that VA; SPC James A. Justice, of Grover, NC; letter to protest or appeal the determination Conference and Exhibition in Denver, CO. PFC Michael R. Demarsico II, of North before a final revocation letter is issued to Adams, MA; SSG Eric S. Holman, of Evans the organization. After moving to New Mexico in 1999, City, PA; PFC Andrew J. Keller, of Tigard, During the past six months, no notices of Olsson was recruited to join the Latir OR; SSgt Scott E. Dickinson, of San Diego, proposed or final revocation were issued to Volunteer Fire Department. She quick- CA; Cpl Richard A. Rivera Jr., of Ventura, section 501(c)(4) organizations. Note that the ly became integrated in the fire depart- CA; LCpl Gregory T. Buckley, of Oceanside, IRS currently has more than 70 ongoing ex- ment, rising through the ranks, serving NY; SSgt Sky R. Mote, of El Dorado, CA; aminations of section 501(c)(4) organizations as a training officer, deputy chief, and GySgt Ryan Jeschke, of Herndon, VA; Capt (this includes examinations for a variety of Matthew P. Manoukian, of Los Altos Hills, issues, some of which include whether the or- eventually fire and EMS chief for the department in 2006. Olsson has facili- CA; MSgt Gregory R. Trent, of Norton, MA; ganization is primarily engaged in activities MAJ Thomas E. Kennedy, of West Point, NY; that promote social welfare). It is also im- tated training to individual depart- CSM Kevin J. Griffin, of Laramie, WY; SPC portant to note that the Service also main- ments and fire conferences across Ethan J. Martin, of Lewiston, ID; Maj Walter tains a determination process to review the North America, as well as the United D. Gray, of Conyers, GA; PO3 Clayton R. operations of an organization to determine Kingdom. Beauchamp, of Weatherford, TX; Cpl Daniel whether it should be recognized as tax ex- During tough economic times, Olsson L. Linnabary II, of Hubert, NC. empt. In this area, we also review compli- and other volunteers have continued to 1SG Russell R. Bell, of Tyler, TX; SSG ance with the legal requirements, including Matthew S. Sitton, of Largo, FL; 1LT Todd whether an organization is primary engaged expand the fire department, increasing training hours and the number of W. Lambka, of Fraser, MI; PFC Jesus J. in activities that promote social welfare. Lopez, of San Bernardino, CA; SPC Kyle B. There are currently more than 1,600 organi- qualified volunteers. All 18 of Latir’s McClain, of Rochester Hills, MI; LCpl Curtis zations in the determination process seeking volunteer firefighters are structure J. Duarte, of Covina, CA; GySgt Jonathan W. recognition as a section 501(c)(4) organiza- trained, 13 are qualified with wildland Gifford, of Palm Bay, FL; GySgt Daniel J. tion. The level of political activity is an Red Cards, and nine have EMS licenses. Price, of Holland, MI; 1LT Sean R. Jacobs, of issue in a number of these determination The Latir Volunteer Fire Department Redding, CA; SGT John E. Hansen, of Austin, cases. also has an active junior firefighter TX; SPC Benjamin C. Pleitez, of Turlock, I hope this information is helpful. If you CA; SFC Bobby L. Estle, of Lebanon, OH; have questions, please contact me or have program. In addition, the fire depart- ment recently built a new addition to PFC Jose Oscar Belmontes, of La Verne, CA; your staff contact Catherine Barre. PFC Theodore M. Glende, of Rochester, NY; Sincerely, the fire station and purchased another Sgt Justin M. Hansen, of Traverse City, MI; STEVEN T. MILLER, fire engine. SPC Justin L. Horsley, of Palm Bay, FL; Deputy Commissioner for Services and I ask that my colleagues join me in PFC Brenden N. Salazar, of Chuluota, FL; Enforcement. honoring Jona Olsson and the excellent PFC Adam C. Ross, of Lyman, SC; SGT Eric f work of the Latir Volunteer Fire De- E. Williams, of Murrieta, CA; PFC Julian L. partment. The dedication of Olsson and Colvin, of Birmingham, AL. TRIBUTE TO JUDGE BRUCE D. the community volunteers helps ensure SSG Richard L. Berry, of Scottsdale, AZ; BLACK the delivery of vital services to New PO2 Michael J. Brodsky, of Tamarac, FL; SSG Brandon R. Pepper, of York, PA; SPC Mr. BINGAMAN. Mr. President, I Mexico residents. want to recognize the distinguished Darrion T. Hicks, of Raleigh, NC; PFC Jef- f frey L. Rice, of Troy, OH; PO2 Joseph P. service of my friend Bruce Black, the HONORING OUR ARMED FORCES Fitzmorris, of Ruston, LA; CPO Sean P. Sul- Chief Judge for the U.S. District Court livan, of St. Louis, MO; SPC Krystal M. for the District of New Mexico. Mr. LAUTENBERG. Mr. President, Fitts, of Houston, TX; Cpl Joshua R. Ashley, Bruce has chosen to leave the Fed- over 2 years have passed since I last in- of Rancho Cucamonga, CA; SGT Daniel A. eral bench at the end of this month. cluded the names of our troops who Rodriguez, of Baltimore, MD; SGT Jose J. His decision to retire is a loss for our have lost their lives serving in support Reyes, of San Lorenzo, PR; SPC Sergio E. State and for the Nation. But he has of operations in Iraq and Afghanistan. Perez Jr., of Crown Point, IN; SPC Nicholas served our Nation with great distinc- I wish to honor their service and sac- A. Taylor, of Berne, IN; SGT Erik N. May, of Independence, KS; SSG Carl E. Hammar, of tion and ability. rifice by including their names in the Lake Havasu City, AZ; SGT Michael E. Bruce was appointed to be a district CONGRESSIONAL RECORD. Ristau, of Rockford, IL; SPC Sterling W. court judge by President Clinton in Since I last included the names of Wyatt, of Columbia, MO; PFC Cameron J. 1995. During the 17 years of his service our fallen troops on July 13, 2010, the Stambaugh, of Spring Grove, PA; PFC

VerDate Mar 15 2010 06:58 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.067 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6434 CONGRESSIONAL RECORD — SENATE September 19, 2012 Alejandro J. Pardo, of Porterville, CA; PFC SPC Moises J. Gonzalez, of Huntington, CA; Regelin, of Cottonwood, CA; SPC Pernell J. Trevor B. Adkins, of Spring Lake, NC. SPC Jason K. Edens, of Franklin, TN; SPC Herrera, of Espanola, NM; PO1 Stacy O. SPC Clarence Williams III, of Brooksville, Manuel J. Vasquez, of West Sacramento, CA; Johnson, of Rolling Fork, MS; SGT Noah M. FL; SPC Erica P. Alecksen, of Eatonton, GA; SGT Dean R. Shaffer, of Pekin, IL; SGT Korte, of Lake Elsinore, CA; SPC Kurt W. SSG Ricardo Seija, of Tampa, FL; Cpl Juan Chris J. Workman, of Boise, ID; CW2 Don C. Kern, of McAllen, TX; PFC Justin M. P. Navarro, of Austin, TX; SPC Jonathan Viray, of Waipahu, HI; CW2 Nicholas S. Whitmire, of Easley, SC. Batista, of Kinnelon, NJ; SSG Raul M. Johnson, of San Diego, CA; PFC Michael J. SSG Joseph J. Altmann, of Marshfield, WI; Guerra, of Union City, NJ; CPT Bruce A. Metcalf, of Boynton Beach, FL; 1LT Jona- SPC Mikayla A. Bragg, of Longview, WA; MacFarlane, of Oviedo, FL; PFC Cody O. than P. Walsh, of Cobb, GA; SSgt Joseph H. Maj Samuel M. Griffith, of Virginia Beach, Moosman, of Preston, ID; SGT Michael J. Fankhauser, of Mason, TX; CPT Michael C. VA; Private Jalfred D. Vaquerano, of Strachota, of White Hall, AR; SSG Robert A. Braden, of Lock Haven, PA; Cpl Aaron M. Apopka, FL; SGT Christopher L. Muniz, of Massarelli, of Hamilton, OH; SGT James L. Faust, of Louisville, KY; SSG David P. New Cuyama, CA; SPC Ronald H. Wildrick Skalberg Jr., of Cullman, AL; 1LT Stephen Nowaczyk, of Dyer, IN; SGT Tanner S. Hig- Jr., of Blairstown, NJ; LCpl Christopher P. J. C. Prasnicki, of Lexington, VA; SSG Mat- gins, of Yantis, TX; LCpl Abraham Tarwoe, Levy, of Ramseur, NC; SFC Clark A. Corley thew J. Leach, of Ferndale, MI; LCpl Niall of Providence, RI. Jr., of Oxnard, CA; SPC Ryan M. Lumley, of W. Coti-Sears, of Arlington, VA; LCpl Hunter SPC Philip C. S. Schiller, of The Colony, Lakeland, FL; SPC Thomas J. Mayberry, of D. Hogan, of Norman, IN; PFC Steven P. Ste- TX; LCpl Ramon T. Kaipat, of Tacoma, WA; Springville, CA; SGT Ryan D. Sharp, of vens II, of Tallahassee, FL; MAJ Paul C. EOCN Trevor J. Stanley, of Virginia Beach, Idaho Falls, ID; SSgt Vincent J. Bell, of De- Voelke, of Monroe, NY; LCpl Eugene C. Mills VA; SSG Tyler J. Smith, of Licking, MO; troit, MI; SFC Dennis R. Murray, of Red III, of Laurel, MD; SGT Jose Rodriguez, of SPC Antonio C. Burnside, of Great Falls, Broiling Springs, TN; Cpl Adam J. Buyes, of Gustine, CA; 1LT Ryan D. Rawl, of Lex- MT; SPC Jeffrey L. White, of Catawissa, MO; Salem, OR; Cpl Zachary C. Reiff, of Preston, ington, SC. Cpl Alex Martinez, of Elgin, IL; SFC Shawn IA; PFC Jackie L. Diener II, of Boyne City, SFC Matthew B. Thomas, of Travelers T. Hannon, of Grove City, OH; SFC Jeffrey J. MI; LCpl Joshua D. Corral, of Danville, CA; Rest, SC; SPC John D. Meador II, of Colum- Rieck, of Columbus, OH; CPT Nicholas J. PFC Adam E. Dobereiner, of Moline, IL; SPC bia, SC; PFC Jarrod A. Lallier, of Spokane, Rozanski, of Dublin, OH; Cpl Christopher D. Sean M. Walsh, of San Jose, CA; SPC James WA; SPC Trevor A. Pinnick, of Bordoni, of Ithaca, NY; SSG Christopher L. R. Burnett Jr., of Wichita, KS. Lawrenceville, IL; SGT Joseph M. Lilly, of Brown, of Columbus, OH; Cpl Michael J. PFC Matthew C. Colin, of Navarre, FL; Flint, MI; SGT Nicholas C. Fredsti, of San Palacio, of Lake Elsinore, CA; SPC James E. SPC David E. Hickman, of Greensboro, NC; Diego, CA; SFC Barett W. McNabb, of Chino Dutton, of Checotah, OK; SPC David W. Tay- SPC Calvin M. Pereda, of Fayetteville, NC; Valley, AZ; Cpl Taylor J. Braune, of Ando- lor, of Dixon, KY; Cpl Roberto Cazarez, of SFC Johnathan B. McCain, of Apache Junc- ver, MN; SPC Bryant J. Luxmore, of New Harbor City, CA; PFC Johnathon F. Davis, of tion, AZ; PFC Theodore B. Rushing, of Windsor, IL; PFC Nathan T. Davis, of Griffin, GA; Capt Francis D. Imlay, of Longwood, FL; PFC Cody R. Norris, of Hous- Yucaipa, CA; MCPO Richard J. Kessler Jr., Vacaville, CA; Sgt Joseph D’Augustine, of ton, TX; LCpl Nickolas A. Daniels, of Elm- of Gulfport, FL; PFC Brandon D. Goodvine, Waldwick, NJ; SGT William R. Wilson III, of wood Park, IL; 1LT Dustin D. Vincent, of of Luthersville, GA; Cpl Anthony R. Servin, Getzville, NY. Mesquite, TX; SSG Ari R. Cullers, of New of Moreno Valley, CA; CPT Scott P. Pace, of SGT Daniel J. Brown, of Jerome, ID; CPT London, CT; SGT Christopher D. Gailey, of Brawley, CA; 1LT Mathew G. Fazzari, of Aaron D. Istre, of Vinton, LA; SPC Dennis P. Ochelata, OK; SPC Sarina N. Butcher, of Walla Walla, WA; PFC Vincent J. Ellis, of Weichel Jr., of Providence, RI; SGT Jamie D. Checotah, OK; LTC David E. Cabrera, of Abi- Tokyo, Japan; LCpl Jashua E. Witsman, of Jarboe, of Frankfort, IN; 2LT Clovis T. Ray, lene, TX; SSG Christopher R. Newman, of Covington, IN; SPC Gerardo Campos, of of San Antonio, TX; SPC Daquane D. Rivers, Shelby, NC; SGT James M. Darrough, of Aus- Miami, FL; SPC Kedith L. Jacobs, of Denver, of Marianna, FL; SSG Jesse J. Grindley, of tin, TX; SGT Carlo F. Eugenio, of Rancho Cucamonga, CA; SSgt Stephen J. Dunning, CO; PFC Leroy Deronde III, of Jersey City, Hazel Green, WI; SPC Edward J. Acosta, of of Milpitas, CA; SGT John A. Lyons, of Sea- NJ. Hesperia, CA; SSG Jordan L. Bear, of Den- SSG Alexander G. Povilaitis, of ver, CO; PFC Payton A. Jones, of Marble side Park, NJ; SFC David G. Robinson, of Dawsonville, GA; SSG Roberto Loeza, of El Falls, TX; Cpl Conner T. Lowry, of Chicago, Winthrop Harbor, IL; SGT Edward S. Grace, Paso, TX; PO2 Sean E. Brazas, of Greensboro, IL; SSG Ahmed K. Altaie, of Ann Arbor, MI; of South Dartmouth, MA; CPT Shawn P. T. NC; CPL Nicholas H. Olivas, of Fairfield, OH; MAJ Robert J. Marchanti II, of Baltimore, Charles, of Hickory, NC. LCpl Jason N. Barfield, of Ashford, AL; LCpl Steven G. Sutton, of Leesburg, GA; Sgt MD; Lt Col John D. Loftis, of Paducah, KY; PFC Steven F. Shapiro, of Hidden Valley Julian C. Chase, of Edgewater, MD; CPT SGT Joshua A. Born, of Niceville, FL; CPL Lake, CA; A1C Jerome D. Miller, of Wash- John R. Brainard, of Dover-Foxcroft, ME; Timothy J. Conrad Jr., of Roanoke, VA; SGT ington, DC; LCpl Jordan S. Bastean, of CW5 John C. Pratt, of Springfield, VA; SPC Allen R. McKenna Jr., of Noble, OK; Capt Pekin, IL; SGT Paul A. Rivera, of Round Tofiga J. Tautolo, of Wilmington, CA; HN Ryan P. Hall, of Colorado Springs, CO; Capt Rock, TX; 1LT Ashley I. White, of Alliance, Eric D. Warren, of Shawnee, OK; Cpl Keaton Nicholas S. Whitlock, of Newnan, GA; 1st Lt OH; SFC Kristoffer B. Domeji, of San Diego, G. Coffey, of Boring, OR; PFC Cale C. Miller, Justin J. Wilkens, of Bend, OR. CA; PFC Christopher A. Horns, of Colorado SrA Julian S. Scholten, of Upper Marlboro, of Overland Park, KS; PO1 Ryan J. Wilson, Springs, CO; CPO Raymond J. Border, of MD; PO1 Paris S. Pough, of Columbus, GA; of Shasta, CA; 2LT Travis A. Morgado, of West Lafayette, OH; SSG Jorge M. Oliveira, SGT Jerry D. Reed II, of Russellville, AR; San Jose, CA; SPC Arronn D. Fields, of Terre of Newark, NJ; SSG James R. Leep, of Rich- PO3 Kyler L. Estrada, of Queen Creek, AZ; Haute, IN; SPC Samuel T. Watts, of Whea- mond, VA; SPC Michael D. Elm, of Phoenix, LCpl Osbrany Montes De Oca, of North Ar- ton, IL; CPT Jesse A. Ozbat, of Prince AZ; SSG Houston M. Taylor, of Hurst, TX; George, VA; 2LT Tobias C. Alexander, of lington, NJ; PFC Cesar Cortez, of Oceanside, SPC Jeremiah T. Sancho, of Palm Bay, FL; Lawton, OK; SGT Michael J. Knapp, of Over- CA; SFC Billy A. Sutton, of Tupelo, MS; BG SSG Robert N. Cowdrey, of Atwater, OH; land Park, KS; SGT Jabruan S. Knox, of Fort Terence J. Hildner, of Fairfax, VA; LCpl Ed- LCpl Scott D. Harper, of Winston, GA; SOC Wayne, IN. ward J. Dycus, of Greenville, MS; Sgt Wil- Michael R. Tatham, of University Place, WA; SSG Israel P. Nuanes, of Las Cruces, NM; liam C. Stacey, of Redding, CA; 1LT David A. SSG Nathan L. Wyrick, of Enumclaw, WA; SGT Brian L. Walker, of Lucerne Valley, CA; Johnson, of Horicon, WI; Capt Joshua C. CW3 James B. Wilke, of Ione, CA; CPT Josh- PFC Richard L. McNulty III, of Rolla, MO; Pairsh, of Equality, IL; Cpl Christopher G. ua S. Lawrence, of Nashville, TN. SPC Vilmar Galarza Hernandez, of Salinas, Singer, of Temecula, CA; Capt Daniel B. CPT Drew E. Russell, of Scotts, MI; SPC CA; SPC Alex Hernandez III, of Round Rock, Bartle, of Ferndale, WA; Capt Nathan R. Ricardo Cerros Jr., of Salinas, CA; LCpl Ben- TX; Sgt Wade D. Wilson, of Normangee, TX; McHone, of Crystal Lake, IL; MSgt Travis W. jamin W. Schmidt, of San Antonio, TX; Pri- 1LT Alejo R. Thompson, of Yuma, AZ; PO2 Riddick, of Centerville, IA; Cpl Jesse W. vate Danny Chen, of New York, NY; 1SG Jorge Luis Velasquez, of Houston, TX; SGT Stites, of North Beach, MD; Cpl Kevin J. Billy J. Siercks, of Velda Village, MO; SO1 Jacob M. Schwallie, of Clarksville, TN; SPC Reinhard, of Colonia, NJ; Cpl Joseph D. Caleb A. Nelson, of Omaha, NE; SPC James Chase S. Marta, of Chico, CA; PFC Dustin D. Logan, of Willis, TX; Cpl Phillip D. McGeath, A. Butz, of Porter, IN; SPC Adrian G. Mills, Gross, of Jeffersonville, KY; 2LT David E. of Glendale, AZ. of Newnan, GA; SSgt Nicholas A. Sprovtsoff, Rylander, of Stow, OH; SPC Junot M. L. SPC Keith D. Benson, of Brockton, MA; of Davison, MI; Sgt Christopher Diaz, of Al- Cochilus, of Charlotte, NC; SSG Thomas K. Cpl Jon-Luke Bateman, of Tulsa, OK; LCpl buquerque, NM; 1LT Ivan D. Lechowich, of Fogarty, of Alameda, CA; Sgt John P. Kenneth E. Cochran, of Wilder, ID; SFC Ben- Valrico, FL; SPC Steven E. Gutowski, of Huling, of West Chester, OH; MSG Gregory jamin B. Wise, of Little Rock, AR; PFC Neil Plymouth, MA; PFC David A. Drake, of L. Childs, of Warren, AR; SSG Zachary H. I. Turner, of Tacoma, WA; PFC Michael W. Lumberton, TX; 1LT Andres Zermeno, of San Hargrove, of Wichita, KS; CPT Bruce K. Pyron, of Hopewell, VA; PFC Dustin P. Na- Antonio, TX; LCpl John R. Wimpey Cagle, of Clark, of Spencerport, NY; SGT Nicholas M. pier, of London, KY; SSG Jonathan M. Tucker, GA; 1stLt Ryan K. Iannelli, of Dickhut, of Rochester, MN; PFC Christian R. Metzger, of Indianapolis, IN; SPC Robert J. Clarksboro, NJ; SPC Garrett A. Fant, of Sannicolas, of Anaheim, CA. Tauteris Jr., of Hamlet, IN; SPC Christopher American Canyon, CA; LCpl Franklin N. M Sgt Scott E. Pruitt, of Gautier, MS; SSG A. Patterson, of Aurora, IL; SPC Brian J. Watson, of Vonore, TN; SPC Francisco J. Andrew T. Brittonmihalo, of Simi Valley, Leonhardt, of Merrillville, IN; SrA Bryan R. Briseno-Alvarez Jr., of Oklahoma City, OK; CA; SSG Brandon F. Eggleston, of Candler, Bell, of Erie, PA; TSgt Matthew S. Schwartz, SGT Tyler N. Holtz, of Dana Point, CA. NC; SGT Dick A. Lee, of Orange Park, FL; of Traverse City, MI; A1C Matthew R. SGT Rafael E. Bigai Baez, of San Juan, LT Christopher E. Mosko, of Pittsford, NY; Seidler, of Westminster, MD; PO1 Chad R. PR; PFC Carlos A. Aparicio, of San

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.008 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6435 Bernadino, CA; SGT Andy C. Morales, of Canton, OH; SPC Mark J. Downer, of Warner SSG Jeremy A. Katzenberger, of Longwood, FL; LCpl Terry C. Wright, of Robins, GA; SPC Jinsu Lee, of Chatsworth, Weatherby Lake, MO; SSG Nicholas P. Scio, OH; SPC Jakob J. Roelli, of Dar- CA; Sgt Daniel D. Gurr, of Vernal, UT; SGT Bellard, of El Paso, TX; SGT Glenn M. Se- lington, WI; SPC Robert E. Dyas, of Nampa, Anthony Del Mar Peterson, of Chelsea, OK; well, of Live Oak, TX; LCpl Jason D. Hill, of ID; SGT Timothy D. Sayne, of Reno, NV; CPT Waid C. Ramsey, of Red Bay, AL; PFC Poway, CA; LCpl Sean M. N. O’Connor, of SPC Ryan J. Cook, of Fort Walton Beach, Cody G. Baker, of Holton, KS; PFC Gil I. Mo- Douglas, WY; LCpl Joshua B. McDaniels, of FL; SSG Estevan Altamirano, of Edcouch, rales Del Valle, of Jacksonville, FL; SPC Dublin, OH; CPT Michael W. Newton, of New- TX; SPC Chazray C. Clark, of Ecorse, MI; Barun Rai, of Silver Spring, MD. port News, VA; LCpl Nicholas S. O’Brien, of SGT Garrick L. Eppinger Jr., of Appleton, SSG Kirk A. Owen, of Sapulpa, OK; SSgt Stanley, NC; PFC Matthew J. England, of WI; SSG Michael W. Hosey, of Birmingham, Patrick R. Dolphin, of Moscow, PA; Sgt Den- Gainesville, MO; Cpl Matthew T. Richard, of AL; Cpl Michael J. Dutcher, of Asheville, NC; nis E. Kancler, of Brecksville, OH; Sgt Chris- Acadia, LA; SPC Emilio J. Campo Jr., of SGT Mycal L. Prince, of Minco, OK; SGT topher M. Wrinkle, of Dallastown, PA; SSgt Madelia, MN; SPC Michael B. Cook Jr., of Chester G. Stoda, of Black River Falls, WI; Leon H. Lucas Jr., of Wilson, NC; PFC Brice Middletown, OH; SPC Christopher B. SGT Rodolfo Rodriguez Jr., of Pharr, TX; M. Scott, of Columbus, GA; SGT William B. Fishbeck, of Victorville, CA; SPC Robert P. SFC Danial R. Adams, or Portland, OR; SSG Gross Paniagua, of Daly City, CA; 2LT Jered Hartwick, of Rockbridge, OH; PFC Michael Keith F. Rudd, of Winder, GA; SSG Daniel A. W. Ewy, of Edmond, OK; SPC Augustus J. C. Olivieri, of Chicago, IL; Cpl William J. Quintana, of Huntington Park, CA. Vicari, of Broken Aarow, OK; MSG Benjamin Woitowicz, of Middlesex, MA; Sgt Joseph M. PFC Brett E. Wood, of Spencer, IN; PO2 A. Stevenson, of Canyon Lake, TX; SGT Garrison, of New Bethlehem, PA; CW3 Ken- Brian K. Lundy, of Austin, TX; SGT Bret D. Omar A. Jones, of Crook, CO; SSG James M. neth R. White, of Fort Collins, CO; CW2 Isenhower, of Lamar, OK; SPC Christopher Christen, of Loomis, CA; SGT Jacob Molina, Bradley J. Gaudet, of Gladewater, TX; SGT D. Horton, of Collinsville, OK; PFC Tony J. of Houston, TX; CPL Raphael R. Arruda, of Christopher R. Bell, of Golden, MS. Potter Jr., of Okmulgee, OK; SPC Koran P. Ogden, UT; SSG Kenneth R. Vangiesen, of SGT Joshua D. Powell, of Quitman, TX; Contreras, of Lawndale, CA; PFC Douglas J. Erie, PA; SGT Edward W. Koehler, of Leb- SPC Devin A. Snyder, of Cohocton, NY; SPC Jeffries Jr., of Springville, CA; CDR James anon, PA; SSG Brian K. Mowery, of Halifax, Robert L. Voakes Jr., of L’Anse, MI; Cpl K. Crawford, of East Concord, NY; SPC Kevin PA; LCpl Christopher L. Camero, of Kailua Paul W. Zanowick II, of Miamisburg, OH; R. Shumaker, of Livermore, CA; James W. Kona, HI; SGT Mark A. Cofield, of Colorado SGT Jeffrey C. S. Sherer, of Four Oaks, NC; Coker, of Mount Pleasant, SC; SPC Springs, CO; LCpl Jabari N. Thompson, of SPC Richard C. Emmons III, of North Gran- Christophe J. Marquis, of Tampa, FL; SPC Brooklyn, NY. by, CT; CPT Joseph W. Schultz, of Port An- Christopher J. Scott, of Tyrone, NY; SPC MSG Kenneth B. Elwell, of Holland, PA; geles, WA; SSG Martin R. Apolinar, of Glen- Dennis James Jr., of Deltona, FL; SGT Devin PFC Tyler M. Springmann, of Hartland, ME; dale, AZ; SGT Aaron J. Blasjo, of Riverside, J. Daniels, of Kuna, ID; SGT Colby L. Rich- SPC Daniel L. Elliot, of Youngsville, NC; CA; PFC Anthony M. Nunn, of Burnet, TX; mond, of Providence, NC; PFC Alberto L. CPL Frank R. Gross, of Oldsmar, FL; SSG LCpl Peter J. Clore, of New Philadelphia, Obod, of Orlando, FL; SPC Douglas J. Green, Lex L. Lewis, of Rapid City, SD; SSG Wyatt OH; SPC Adam S. Hamilton, of Kent, OH; A. Goldsmith, of Colville, WA; SGT Jeremy of Sterling, VA; SPC Michael C. Roberts, of PFC John C. Johnson, of Phoenix, AZ; 1LT R. Summers, of Mount Olivet, KY; SN Aaron Watauga, TX; PFC Jesse W. Dietrich, of John M. Runkle, of West Salem, OH; SSG D. Ullom, of Midland, MI; LCpl Robert S. Venus, TX; PFC Brandon S. Mullins, of Edward D. Mills Jr., of New Castle, PA; SSG Greniger, of Greenfield, MN; LCpl Norberto Owensboro, KY. Ergin V. Osman, of Jacksonville, NC; SGT Mendez Hernandez, of Logan, UT; SGT Chris- SGT Andrew R. Tobin, of Jacksonville, IL; Thomas A. Bohall, of Bel Aire, KS; SGT topher P. Soderlund, of Pineville, LA; SPC 1LT Timothy J. Steele, of Duxbury, MA; Louie A. Ramos Velazquez, of Camuy, PR; Rafael A. Nieves, of Albany, NY; SGT Steven PFC Douglas L. Cordo, of Kingston, NY; LCpl SPC Adam J. Patton, of Port Orchard, WA; L. Talamantez, of Laredo, TX; SFC Terryl L. Travis M. Nelson, of Pace, FL; SPC Joshua SSgt Joseph J. Hamski, of Ottumwa, IA. Pasker, of Cedar Rapids, IA; SPC Nathan R. M. Seals, of Porter, OK; SPC Dennis G. Jen- TSgt Kristoffer M. Solesbee, of Citrus Beyers, of Littleton, CO; SPC Nicholas W. sen, of Vermillion, SD; 1LT Damon T. Heights, CA; CW2 Christopher R. Thibodeau, Newby, of Coeur d’Alene, ID; SSgt Thomas J. Leehan, of Edmond, OK; SGT Matthew A. of Chesterland, OH; SSG Kristofferson B. Dodds Dudley, of Tega Cay, SC; SGT Nicanor Harmon, of Bagley, MN; CPL Joseph A. Lorenzo, of Chula Vista, CA; PFC William S. Amper IV, of San Jose, CA; SSG Joshua A. VanDreumel, of Grand Rapids, MI; MSG Blevins, of Sardinia, OH; Private Andrew M. Throckmorton, of Battle Creek, MI; SPC Charles L. Price III, of Milam, TX; 2LT Joe Krippner, of Garland, TX; Private Thomas C. Jordan C. Schumann, of Port Saint Lucie, L. Cunningham, of Kingston, OK; SGT Ed- Allers, of Plainwell, MI; SFC Clifford E. FL. ward J. Frank II, of Yonkers, NY; SGT SPC Preston J. Suter, of Sandy, UT; SSG Beattie, of Medical Lake, WA; PFC Ramon Jameel T. Freeman, of Baltimore, MD; SPC Michael J. Garcia, of Bossier City, LA; CPT Mora Jr., of Ontario, CA; CPL Brandon M. Patrick L. Lay II, of Fletcher, NC; SPC Jor- Matthew G. Nielson, of Jefferson, IA; SPC Kirton, of Centennial, CO; SSG David D. dan M. Morris, of Stillwater, OK; PFC James A. Waters, of Cloverdale, IN; CPT Self, of Pearl, MS; SPC Bradley L. Melton, of Rueben J. Lopez, of Williams, CA; HN Riley David E. Van Camp, of Wheeling, WV; SPC Rolla, MO; Private Lamarol J. Tucker, of Gallinger-Long, of Cornelius, OR; Cpl Nich- Robert G. Tenney Jr., of Warner Robins, GA; Gainesville, FL; Private Cheizray Pressley, olas S. Ott, of Manchester, NJ; LCDR Jonas Sgt Chad D. Frokjer, of Maplewood, MN; Cpl of North Charleston, SC; SGT Robert C. B. Kelsall, of Shreveport, LA; SOCM Louis J. Kyle R. Schneider, of Phoenix, NY; SPC Schlote, of Norfolk, NE; SPC Brian D. Riley Langlais, of Santa Barbara, CA. Nicholas P. Bernier, of East Kingston, NH; Jr., of Longwood, FL; Sgt Kevin B. Balduf, of SOCS Thomas A. Ratzlaff, of Green Forest, LCpl Mark R. Goyet, of Sinton, TX; LCpl Nashville, TN; LtCol Benjamin J. Palmer, of AR; EODCS Kraig M. Vickers, of Kokomo, John F. Farias, of New Braunfels, TX; SSG Modesto, CA; SGT Amaru Aguilar, of Miami, HI; SOC Brian R. Bill, of Stamford, CT; SOC Donald V. Stacy, of Avondale, AZ; Cpl Mi- FL; 1LT Demetrius M. Frison, of Lancaster, John W. Faas, of Minneapolis, MN; SOC chael C. Nolen, of Spring Valley, WI; 1LT PA. Kevin A. Houston, of West Hyannisport, MA; Dimitri A. Del Castillo, of Tampa, FL; SSG SGT Ken K. Hermogino, of Edwards Air SOC Matthew D. Mason, of Kansas City, MO; Nigel D. Kelly, of Menifee, CA; SPC Kevin J. Force Base, CA; SPC Riley S. Spaulding, of SOC Stephen M. Mills, of Fort Worth, TX; Hilaman, of Albany, CA; SSG Russell J. Sheridan, TX; SGT Kevin W. White, of West- EODC Nicholas H. Null, of Washington, WV; Proctor, of Oroville, CA; PFC Dylan J. John- field, NY; SGT Adam D. Craig, of Cherokee, SOC Robert J. Reeves, of Shreveport, LA; son, of Tulsa, OK; SPC Matthew R. Galla- IA; PFC Robert M. Friese, of Chesterfield, SOC Heath M. Robinson, of Detroit, MI; SO1 gher, of North Falmouth, MA; TSgt Daniel MI; SPC Preston J. Dennis, of Redding, CA; Darrik C. Benson, of Angwin, CA; SO1 Chris- L. Douville, of Harvey, LA. PFC Jonathan M. Villanueva, of Jackson- topher G. Campbell, of Jacksonville, NC; PO1 Gy Sgt Ralph E. Pate, of Mullins, SC; Sgt ville, FL; SGT Matthew D. Hermanson, of Jared W. Day, of Taylorsville, UT; PO1 John Marlon E. Myrie, of Oakland Park, FL; SPC Appleton, WI; LCpl Ronald D. Freeman, of Douangdara, of South Sioux City, NE; PO1 Nicholas C. D. Hensley, of Prattville, AL; Cpl Plant City, FL; Maj Phillip D. Ambard, of Michael J. Strange, of Philadelphia, PA; SO1 Gurpreet Singh, of Antelope, CA; SPC Levi Edmonds, WA; Maj Jeffrey O. Ausborn, of Jon T. Tumilson, of Rockford, IA; SO1 Aaron E. Nuncio, of Harrisonburg, VA; PFC Joshua Gadsden, AL; Maj David L. Brodeur, of Au- C. Vaughn, of Stuart, FL; SO1 Jason R. L. Jetton, of Sebring, FL; LCpl Jared C. burn, MA; MSgt Tara R. Brown, of Deltona, Workman, of Blanding, UT; SO1 Jesse D. Verbeek, of Visalia, CA; SFC Alvin A. FL; Lt Col Frank D. Bryant Jr., of Knoxville, Pittman, of Ukiah, CA; SO2 Nicholas P. Boatwright, of Lodge, SC; SGT Edward F. TN; Maj Raymond G. Estelle II, of New Spehar, of Saint Paul, MN. Dixon III, of Whiteman Air Force Base, MO; Haven, CT; Capt Nathan J. Nylander, of CW4 David R. Carter, of Centennial, CO; SSG Alan L. Snyder, of Blackstone, MA; SPC Hockley, TX; Maj Charles A. Ransom, of CW2 Bryan J. Nichols, of Hays, KS; SSG Pat- Tyler R. Kreinz, of Beloit, WI; SGT James W. Midlothian, VA; SPC Andrew E. Lara, of Al- rick D. Hamburger, of Lincoln, NE; SGT Harvey II, of Toms River, NJ; PFC Gustavo bany, OR; Cpl Adam D. Jones of German- Alexander J. Bennett, of Tacoma, WA; SPC A. Rios-Ordonez, of Englewood, OH; PFC town, OH; LCpl Joe M. Jackson, of White Spencer C. Duncan, of Olathe, KS; TSgt John Josue Ibarra, of Midland, TX; PFC Brian J. Swan, WA. W. Brown, of Tallahassee, FL; SSgt Andrew Backus, of Saginaw Township, MI; SPC Scott CPT Joshua M. McClimans, of Akron, OH; W. Harvell, of Long Beach, CA; TSgt Daniel D. Smith, of Indianapolis, IN; SPC Marcos A. Sgt David P. Day, of Gaylord, MI; SFC Brad- L. Zerbe, of York, PA; SGT Alessandro L. Cintron, of Orlando, FL; Sgt Mark A. Brad- ley S. Hughes, of Newark, OH; MSG Ben- Plutino, of Pitman, NJ; Sgt Adan Gonzales ley, of Cuba, NY; Private Ryan J. Larson, of jamin F. Bitner, of Greencastle, PA; Sgt Jr., of Bakersfield, CA; Sgt Joshua J. Robin- Friendship, WI; PFC Eric D. Soufrine, of Sean T. Callahan, of Warrenton, VA; LCpl son, of Omaha, NE; Sgt Daniel J. Patron, of Woodbridge, CT. Dominic J. Ciaramitaro, of South Lyon, MI;

VerDate Mar 15 2010 06:58 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.008 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6436 CONGRESSIONAL RECORD — SENATE September 19, 2012 CW2 Terry L. Varnadore, of Hendersonville, Lucas T. Pyeatt, of West Chester, OH; SPC SPC Scott T. Nagorski, of Greenfield, WI; NC; SSG James A. Justice, of Grimes, IA; Ryan A. Gartner, of Dumont, NJ; SPC Omar SPC Jesse A. Snow, of Fairborn, OH; PFC 1LT Omar J. Vazquez, of Hamilton, NJ; PFC Soltero, of San Antonio, TX; SPC Joshua R. Christian M. Warriner, of Mills River, NC; Antonio G. Stiggins, of Rio Rancho, NM; Campbell, of Bennett, CO; SPC Shawn A. SSgt Javier O. Ortiz Rivera, of Rochester, SGT John P. Castro, of Andrews, TX; SGT Muhr, of Coon Rapids, IA; SFC Anthony NY; SSG Kevin M. Pape, of Fort Wayne, IN; Sonny J. Moses, of Koror, PW; PFC John F. Venetz Jr., of Prince William, VA; TSgt Les- SSG Juan L. Rivadeneira, of Davie, FL; CPL Kihm, of Philadelphia, PA; PO3 Micah Aaron lie D. Williams, of Juneau, AK; PFC Amy R. Jacob R. Carver, of Freeman, MO; SPC Jacob Hill, of Ralston, NE; CPT Charles E. Ridgley Sinkler, of Chadbourn, NC. C. Carroll, of Clemmons, NC; SPC David C. Jr., of Baltimore, MD; SFC Charles L. PO2 Dominique Cruz, of Panama City, FL; Lutes, of Frostburg, MD; SPC Shannon Chi- Adkins, of Sandusky, OH; SSG Cynthia R. Sgt Jason G. Amores, of Lehigh Acres, FL; huahua, of Thomasville, GA; SGT Edward H. Taylor, of Columbus, GA; SGT Linda L. SPC Joshua T. Lancaster, of Millbrook, AL; Bolen, of Chittenango, NY; CPL Shawn D. Pierre, of Immokalee, FL; SPC Joseph B. MAJ Michael S. Evarts, of Concord, OH; Cpl Fannin, of Wheelersburg, OH; SrA Andrew S. Cemper, of Warrensburg, MO; SPC Paul J. Joseph C. Whitehead, of Axis, AL; SGT Mi- Bubacz, of Dalzell, SC; LCpl Dakota R. Huse, Atim, of Green Bay, WI. chael P. Bartley, of Barnhill, IL; SPC Martin of Greenwood, LA; LCpl James B. Stack, of SPC Charles J. Wren, of Beeville, TX; PFC J. Lamar, of Sacramento, CA; SPC Jose A. Arlington Heights, IL; 2ndLt Robert M. Joel A. Ramirez, of Waxahachie, TX; SPC Jo- Torre Jr., of Garden Grove, CA; PFC Zachary Kelly, of Tallahassee, FL; SGT Jason J. seph A. Kennedy, of St. Paul, MN; SPC Don- S. Salmon, of Harrison, OH; MAJ Evan J. McCluskey, of McAlester, OK; CPL Andrew ald L. Nichols, of Shell Rock, IA; Private Mooldyk, of Ranch Murieto, CA; SGT Zainah L. Hutchins, of New Portland, ME. Brandon T. Pickering, of Fort Thomas, KY; C. Creamer, of Texarkana, TX; SSG Omar SPC Anthony Vargas, of Reading, PA; SGT SGT Brent M. Maher, of Council Bluffs, IA; Aceves, of El Paso, TX; CPL Jarrid L. King, Aaron B. Cruttenden, of Mesa, AZ; SPC Dale SGT Vorasack T. Xaysana, of Westminster, of Erie, PA; SPC Benjamin G. Moore, of J. Kridlo, of Hughestown, PA; LCpl Randy R. CO; SSG Jose M. Caraballo Pietri, of Yauco, Robbinsville, NJ; PFC Robert J. Near, of Braggs, of Sierra Vista, AZ; SSgt Jordan B. PR; SGT Keith T. Buzinski, of Daytona Nampa, ID; SGT Ethan C. Hardin, of Fay- Emrick, of Hoyleton, IL; PFC Shane M. Beach, FL; SSgt Jason A. Rogers, of Bran- etteville, AR; PFC Ira B. Laningham IV, of Reifert, of Cottrellville, MI; LCpl Brandon don, MS; SN Benjamin D. Rast, of Niles, MI; Zapata, TX; SFC Robert W. Pharris, of Sey- W. Pearson, of Arvada, CO; LCpl Matthew J. SSgt Jeremy D. Smith, of Arlington, TX; mour, MO; SPC Christian J. Romig, of Broehm, of Flagstaff, AZ; SGT Michael F. SPC Gary L. Nelson III, of Woodstock, GA; Kenner, LA; LCpl Joseph R. Giese, of Winder, Paranzino, of Middletown, RI; SPC Blake D. SSG Quadi S. Hudgins, of New Orleans, LA; GA. Whipple, of Williamsville, NY; CPL James C. SGT Christian A. S. Garcia, of Goodyear, AZ; SGT Eric M. Nettleton, of Wichita, KS; Young, of Rochester, IL; SFC Todd M. Har- SSG Scott H. Burgess, of Franklin, TX; SSG SGT Jose M. Cintron Rosado, of Vega Alta, ris, of Tuscon, AZ; 1stLT James R. Zimmer- Michael S. Lammerts, of Tonawanda, NY; PR; SPC Jose A. Delgado Arroyo, of San man, of Aroostook, ME; SPC Jonathan M. MAJ Wesley J. Hinkley, of Carlisle, PA; SGT Juan, PR; Cpl Jacob A. Tate, of Columbus, Curtis, of Belmont, MA; PFC Andrew N. Jorge A. Scatliffe, of St. Croix, VI; 1LT Rob- OH; LCpl Maung P. Htaik, of Hagerstown, Meari, of Plainfield, IL; CPL Brett W. Land, ert F. Welch III, of Denton, TX; LCpl Harry MD; SGT Michael J. Beckerman, of Gene- of Wasco, CA; SGT Diego A. Solorzano Lew, of Santa Clara, CA. vieve, MO; Cpl Tevan L. Nguyen, of Hutto, Valdovinos, of Huntington Park, CA; SPC SPC Dennis C. Poulin, of Cumberland, RI; TX; Sgt Garrett A. Misener, of Cordova, TN; Pedro A. Maldonado, of Houston, TX; SSG Private Jeremy P. Faulkner, of Griffin, GA; LCpl Kenneth A. Corzine, of Bethalto, IL; Adam L. Dickmyer, of Winston Salem, NC; SFC Ofren Arrechaga, of Hialeah, FL; SSG LCpl William H. Crouse IV, of Woodruff, SC; LCpl Terry E. Honeycutt Jr., of Waldorf, Frank E. Adamski III, of Moosup, CT; SPC PFC Conrado D. Javier, of Marina, CA; Cpl MD. Jameson L. Lindskog, of Pleasanton, CA; Eric M. Torbert Jr., of Lancaster, PA; Cpl SGT Michael D. Kirspel Jr., of Hopatcong, SSG Bryan A. Burgess, of Cleburne, TX; PFC Sean A. Osterman, of Princeton, MN; LCpl NJ; SFC Phillip C. Tanner, of Sheridan, WY; Dustin J. Feldhaus, of Glendale, AZ; CPL Jose L. Maldonado, of Mathis, TX; SPC Sean PFC David R. Jones, of Saint Johnsville, NY; Justin D. Ross, of Green Bay, WI; SSG Josh- R. Cutsforth, of Radford, VA; LCpl Jose A. SPC Thomas A. Moffitt, of Wichita, KS; SSG ua S. Gire, of Chillicothe, OH; PFC Michael Hernandez, of West Palm Beach, FL; SSgt Aracely Gonzalez O’Malley, of Brawley, CA; C. Mahr, of Homosassa, FL; PO1 Vincent A. Justin E. Schmalstieg, of Pittsburgh, PA; SFC Charles M. Sadell, of Columbia, MO; Filpi III, of Fort Walton Beach, FL; CPL CPL Sean M. Collins, of Ewa Beach, HI; CPL SPC Steven L. Dupont, of Lafayette, LA; Brandon S. Hocking, of Seattle, WA; MSG Willie A. McLawhorn Jr., of Conway, NC; SPC Ronnie J. Pallares, of Rancho Jamal H. Bowers, of Raleigh, NC; SSgt CPL Patrick D. Deans, of Orlando, FL. Cucamonga, CA; SSG Kenneth K. McAninch, James M. Malachowski, of Westminster, MD; CPL Kenneth E. Necochea Jr., of San of Logansport, IN; SPC Gerald R. Jenkins, of SSG Mecolus C. McDaniel, of Fort Hood, TX; Diego, CA; CPL Derek T. Simonetta, of Red- Circleville, OH; SSgt Joshua J. Cullins, of CPL Donald R. Mickler Jr., of Bucyrus, OH; wood City, CA; CPL Jorge E. Villacis, of Simi Valley, CA; LCpl Francisco R. Jackson, PFC Rudy A. Acosta, of Canyon Country, Sunrise, FL; SSgt Stacy A. Green, of Alex- of Elizabeth, NJ; Cpl Jorge Villarreal Jr., of CA; LCpl Christopher S. Meis, of Bennett, ander City, AL; SPC Ethan L. Goncalo, of San Antonio, TX; Sgt Ian M. Tawney, of Dal- CO; SrA Michael J. Hinkle II, of Corona, CA; Fall Rivers, MA; PFC David D. Finch, of las, OR; PFC Dylan T. Reid, of Springfield, SSG Travis M. Tompkins, of Lawton, OK. Bath Springs, TN; SGT James A. Ayube II, of MO; LCpl James D. Boelk, of Oceanside, CA; PFC Arturo E. Rodriguez, of Bellflower, Salem, MA; SPC Kelly J. Mixon, of Yulee, LCpl Joseph C. Lopez, of Rosamond, CA; SSG CA; Cpl Ian M. Muller, of Danville, VT; SFC FL; LCpl Michael E. Geary, of Derry, NH; Carlos A. Benitez, of Carrollton, TX; SPC Dae Han Park, of Watertown, CT; PFC An- Sgt Jason D. Peto, of Vancouver, WA; SSG Rafael Martinez Jr., of Spring Valley, CA; drew M. Harper, of Maidsville, WV; SSG Eric Vincent W. Ashlock, of Seaside, CA; PFC PFC Tramaine J. Billingsley, of Portsmouth, S. Trueblood, of Alameda, CA; CPL Loren M. Colton W. Rusk, of Orange Grove, TX; Cpl VA. Buffalo, of Mountain Pine, AR; SPC Andrew Derek A. Wyatt, of Akron, OH; Sgt Nicholas SGT Eric C. Newman, of Waynesboro, MS; P. Wade, of Antioch, IL; SPC Kalin C. John- J. Aleman, of Brooklyn, NY; SSG Jason A. LCpl Alec E. Catherwood, of Bryon, IL; LCpl son, of Lexington, SC; SSG Mark C. Wells, of Reeves, of Odessa, TX; LCpl Lucas C. Scott, Irvin M. Ceniceros, of Clarksville, AR; PFC San Jose, CA; Cpl Jordan R. Stanton, of Ran- of Peebles, OH; SFC James E. Thode, of Jordan M. Byrd, of Grantsville, UT; Cpl Jus- cho Santa Margarita, CA; SPC Jason M. Kirtland, NM; Sgt Matthew T. Abbate, of tin J. Cain, of Manitowoc, WI; LCpl Phillip Weaver, of Anaheim, CA; SrA Nicholas J. Honolulu, HI; Cpl Chad S. Wade, Bentonville, D. Vinnedge, of Saint Charles, MO; LCpl Jo- Alden, of Williamston, SC; SSG Chauncy R. AR; SFC Barry E. Jarvis, of Tell City, IN. seph E. Rodewald, of Albany, OR; PFC Victor Mays, of Cookville, TX; SPC Christopher G. SSG Curtis A. Oakes, of Athens, OH; SPC A. Dew, of Granite Bay, CA; LCpl Raymon L. Stark, of Monett, MO; SPC Rudolph R. Matthew W. Ramsey, of Quartz Hill, CA; PFC A. Johnson, of Midland, GA; SPC Matthew C. Hizon, of Los Angeles, CA; SPC David R. Jacob A. Gassen, of Beaver Dam, WI; PFC Powell, of Slidell, LA; SSG David J. Weigle, Fahey Jr., of Norwalk, CT; SGT Kristopher Austin G. Staggs, of Senoia, GA; PFC Buddy of Philadephia, PA; SPC David A. Hess, of J. Gould, of Saginaw, MI; SPC Brian Tabada, W. McLain, of Mexico, ME; Lt Col Gwen- Ruskin, FL; Sgt Frank R. Zaehringer III, of of Las Vegas, NV; CPL Andrew C. Wilfahrt, dolyn A. Locht, of Fort Walton Beach, FL; Reno, NV; LCpl John T. Sparks, of Chicago, of Rosemount, MN; SSG Jerome Firtamag, 1LT Scott F. Milley, of Sudbury, MA; Pri- IL; HM2 Edwin Gonzalez, of North Miami of Pohnpei, FM; Cpl Johnathan W. Taylor, of vate Devon J. Harris, of Mesquite, TX; 1stLT Beach, FL; Cpl Stephen C. Sockalosky, of Homosassa, FL. William J. Donnelly IV, of Picayune, MS; Cordele, GA; LCpl Scott A. Lynch, of Green- 1LT Daren M. Hidalgo, of Waukesha, WI; LCpl Ardenjoseph A. Buenagua, of San Jose, wood Lake, NY; PFC Ryane G. Clark, of New SGT Robert C. Sisson Jr., of Aliquippa, PA; CA; SSG Sean M. Flannery, of Wyomissing, London, MN; SGT Karl A. Campbell, of LCpl Andrew P. Carpenter, of Columbia, TN; PA; SPC William K. Middleton, of Norfolk, Chiefland, FL; PFC Cody A. Board, of McKin- SSG Bradley C. Hart, of Perrysburg, OH; A1C VA; SGT David S. Robinson, of Fort Smith, ney, TX. Christoffer P. Johnson, of Clarksville, TN; AR; SGT David J. Luff Jr., of Hamilton, OH; SrA Daniel J. Johnson, of Schiller Park, Sgt Matthew J. Deyoung, of Talent, OR; SPC SSG Loleni W. Gandy, of Pago Pago, AS; Sgt IL; SGT Brian J. Pedro, of Rosamond, CA; Jonathan A. Pilgeram, of Great Falls, MT; Jason T. Smith of Colorado Springs, CO; SPC Joseph T. Prentler, of Fenwick, MI; SFC A1C Corey C. Owens, of San Antonio, TX; SGT Justin E. Culbreth, of Colorado Springs, Lance H. Vogeler, of Frederick, MD; Sgt An- SGT Lashawn D. Evans, of Columbia, SC; CO; PFC Kyle M. Holder, of Conroe, TX; SSG thony D. Matteoni, of Union City, MI; SSG SPC Nathan B. Carse, of Harrod, OH; SGT David P. Senft, of Grass Valley, CA. Willie J. Harley Jr., of Aiken, SC; SPC Lu- Patrick R. Carroll, of Norwalk, OH; LCpl SPC Shane H. Ahmed, of Chesterfield, MI; ther W. Rabon Jr., of Lexington, SC; SFC Aaron M. Swanson, of Jamestown, NY; Cpl SPC Nathan E. Lillard, of Knoxville, TN; Calvin B. Harrison, of San Antonio, TX; SGT

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.008 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6437 Justin A. Officer, of Wichita, KS; LCpl Tim- Martin A. Lugo, of Tucson, AZ; SFC Edgar Created in 1982, the Blue Ribbon othy M. Jackson, of Corbin, KY; SrA Mark N. Roberts, of Hinesville, GA; LCpl Kevin E. Schools award is considered the high- Forester, of Tuscaloosa, AL; LCpl Ralph J. Oratowski, of Wheaton, IL; PFC Benjamen est honor an American school can ob- Fabbri, of Gallitzin, PA; SGT Mark A. Simp- G. Chisholm, of Fort Worth, TX. son, of Peoria, IL; SPC Donald S. Morrison, Private Charles M. High IV, of Albu- tain. Schools singled out for this na- of Cincinnati, OH; PFC William B. Dawson, querque, NM; SSG Derek J. Farley, of Nas- tional recognition reflect the goals of of Tunica, MS; PFC Jaysine P. S. Petree, of sau, NY; SPC Jamal M. Rhett, of Palmyra, our Nation’s education reforms for Yigo, GU; SPC Marc C. Whisenant, of Holly NJ; SSgt Michael A. Bock, of Leesburg, FL; high standards and accountability. Hill, FL; SPC John Carrillo Jr., of Stockton, Cpl Kristopher D. Greer, of Ashland City, Specifically, the Blue Ribbon Schools CA; PFC Gebrah P. Noonan, of Watertown, TN; SGT Christopher N. Karch, of Indianap- Program is designed to honor public CT; PFC Clinton E. Springer II, of Sanford, olis, IN; Sgt Jose L. Saenz III, of Pleasanton, and private schools that are either aca- ME. TX; PFC John E. Andrade, of San Antonio, LCpl Anthony J. Rosa, of Swanton, VT; TX; PFC Paul O. Cuzzupe, of Plant City, FL; demically superior in their States or LTC Robert F. Baldwin, of Muscatine, IA; LCpl Kevin M. Cornelius, of Ashtabula, OH; that demonstrate dramatic gains in CWO Matthew G. Wagstaff, of Orem, UT; PFC Vincent E. Gammone III, of Christiana, student achievement. CWO Jonah D. McClellan, of St. Louis Park, TN; SGT Andrew C. Nicol, of Kensington, This award recognizes that Solon El- MN; SSG Joshua D. Powell, of Pleasant NH; PFC Bradley D. Rappuhn, of Grand ementary students achieve at the high- Plains, IL; SGT Marvin R. Calhoun Jr., of Ledge, MI; SPC Faith R. Hinkley, of Colo- est level academically. Solon Elemen- Elkhart, IN; LT Brendan J. Looney, of rado Springs, CO; Cpl Max W. Donahue, of tary School is a top-performing school Owings, MD; SCPO David B. McLendon, of Highlands Ranch, CO; MSG Jared N. Van on State-required assessments, and Thomasville, GA; SO2 Adam O. Smith, of Aalst, of Laconia, NH; SGT Kyle B. Stout, of Hurland, MO; SO3 Denis C. Miranda, of Toms Texarkana, TX; SPC Michael L. Stansbery, staff at the school use assessments River, NJ; SrA Michael J. Buras, of Fitz- of Mount Juliet, TN; CPT Jason E. Holbrook, throughout the academic year as a tool gerald, GA; PFC Joshua S. Ose, of Hernando, of Burnet, TX; SSG Kyle R. Warren, of Man- for improving and customizing instruc- MS; SPC Joshua A. Harton, of Bethlehem, chester, NH. tion. The school works closely with PA; MAJ Paul D. Carron, of Union, MO; PFC LCpl Shane R. Martin, of Spring, TX; PO3 families to forge a strong school com- Barbara Vieyra, of Mesa, AZ; SPC Timothy Jarod Newlove, of Renton, WA; LCpl Abram munity where students are connected L. Howard, of Williamsport, PA; PO2 Justin L. Johnson, of Randolph, NY; SFC Ronald A. and encouraged to pursue their inter- Grider, of Brighton, IL; 1LT Eric Yates, of McNeley, of Wheatridge, CO; LCpl Frederik Rineyville, KY; SSG Jaime C. Newman, of E. Vazquez, of Melrose Park, IL; SSG Conrad ests. Richmond, VA; 1stLT Scott J. Fleming, of A. Mora, of San Diego, CA; SGT Daniel Lim, I applaud not only the students, but Marietta, GA. of Cypress, CA; SPC Joseph A. Bauer, of Cin- also the administrators, teachers, staff, SPC Deangelo B. Snow, of Saginaw, MI; cinnati, OH; SPC Andrew L. Hand, of Enter- and parents of Solon Elementary SrA Daniel R. Sanchez, of El Paso, TX; SGT prise, AL; LtCol Mario D. Carazo, of Spring- School. Together, they are succeeding Aaron K. Kramer, of Salt Lake City, UT; field, OH; Maj James M. Weis, of Toms River, in their mission to generate momen- SGT John F. Burner III, of Baltimore, MD; NJ; PFC James J. Oquin, of El Paso, TX; 1LT tum for learning. They are making a SrA James A. Hansen, of Athens, MI; SGT Michael L. Runyan, of Newark, OH; Cpl Joe Ryan J. Hopkins, of Livermore, CA; 1LT L. Wrightsman, of Jonesboro, LA; Cpl Julio difference in the lives of their students, Todd W. Weaver, of Hampton, VA; Cpl John Vargas, of Sylmar, CA; SSG Brian F. Piercy, helping them reach their full potential C. Bishop, of Columbus, IN; SGT Philip C. of Clovis, CA; Cpl Paul J. Miller, of Traverse as independent, responsible learners Jenkins, of Decatur, IN; PVT James F. City, MI; SGT Jesse R. Tilton, of Decatur, and engaged citizens. McClamrock, of Huntersville, NC; Sgt Jesse IL; SGT Anibal Santiago, of Belvidere, IL; I am pleased that the U.S. Depart- M. Balthaser, of Columbus, OH; Cpl Philip G. 1LT Robert N. Bennedsen, of Vashon, WA; Gy ment of Education has selected Solon E. Charte, of Goffstown, NH; LCpl Ross S. Sgt Christopher L. Eastman, of Moose Pass, Elementary School for this well-de- Carver, of Rocky Point, NC; CPT Jason T. AK. SGT Justin B. Allen, of Coal Grove, OH; served honor, and I congratulate the McMahon, of Mulvane, KS; PFC Diego M. entire community for this outstanding Montoya, of San Antonio, TX; SSG Vinson B. SSgt Justus S. Bartelt, of Polo, IL; Cpl Dave Adkinson III, of Harper, KS; SGT Raymond M. Santos, of Rota, MP; SFC John H. Jarrell, achievement. C. Alcaraz, of Redlands, CA; PFC Matthew E. of Brunson, SC; SSG Leston M. Winters, of f Sour Lake, TX; SGT Matthew W. Weikert, of George, of Gransboro, NC; PFC James A. RECOGNIZING HOPE ELEMENTARY Page, of Titusville, FL; LCpl Joshua T. Jacksonville, IL; SPC Chase Stanley, of Twigg, of Indiana, PA. Napa, CA; SPC Jesse D. Reed, of Orefield, SCHOOL 1LT Mark A. Noziska, of Papillon, NE; SSG PA; SPC Matthew J. Johnson, of Maplewood, Ms. COLLINS. Mr. President, I am Casey J. Grochowiak, of Lompoc, CA; LCpl MN; SSG Zachary M. Fisher, of Ballwin, MO; delighted to commend the Hope Ele- Christopher B. Rodgers, of Griffin, GA; LCpl 1LT Christopher S. Goeke, of Apple Valley, MN; SSG Christopher T. Stout, of mentary School of Hope, ME, on being Cody A. Roberts, of Boise, ID; Sgt Joseph A. named a 2012 National Blue Ribbon Bovia, of Kenner, LA; CPT Dale A Goetz, of Worthville, KY; SSG Sheldon L. Tate, of White, SD; SSG Jesse Infante, of Cypress, Hinesville, GA; PVT Brandon M. King, of School of Excellence. This prestigious TX; SSG Kevin J. Kressler, of Canton, OH; Tallahassee, FL; SPC Christopher J. Moon, recognition of high accomplishment SSG Matthew J. West, of Conover, WI; PFC of Tucson, AZ; SSG Shaun M. Mittler, of was bestowed by Secretary of Edu- Chad D. Clements, of Huntington, IN; SGT Austin, TX; SPC Nathaniel D. Garvin, of cation Arne Duncan. Patrick K. Durham, of Chattanooga, TN; Radcliff, KY; SPC Carlos J. Negron, of Fort Created in 1982, the Blue Ribbon Meyers, FL; LCpl Tyler A. Roads, of Burney, SPC Andrew J. Castro, of Westlake Village, Schools award is considered the high- CA; Gy Sgt Floyd E. C. Holley, of CA; LCpl Daniel G. Raney, of Pleasant View, TN; SSgt Christopher J. Antonik, of Crystal est honor an American school can ob- Casselberry, FL; CPT Ellery R. Wallace, of tain. Schools singled out for this na- Salt Lake City, UT; PFC Bryn T. Raver, of Lake, IL. Harrison, AR; SPC Chad D. Coleman, of We cannot forget these men and tional recognition reflect the goals of Moreland, GA; Private Adam J. Novak, of women and their great sacrifice. These our Nation’s education reforms for Prairie du Sac, WI; SPC James C. Robinson, brave individuals left behind parents, high standards and accountability. of Lebanon, OH; SSG James R. Ide, of spouses, children, siblings, and friends. Specifically, the Blue Ribbon Schools Festus, MO; MSgt Daniel L. Fedder, of Pine We want them to know this country Program is designed to honor public City, MN. pledges to preserve the memory of our and private schools that are either aca- PO3 James M. Swink, of Yucca Valley, CA; demically superior in their States or SPC Justin B. Shoecraft, of Elkhart, IN; fallen soldiers who gave their lives for LCpl Robert J. Newton, of Creve Coeur, IL; our country. that demonstrate dramatic gains in Sgt Ronald A. Rodriguez, of Falls Church, f student achievement. VA; SGT Steven J. Deluzio, of South Glas- This award recognizes that Hope Ele- tonbury, CT; SPC Tristan H. Southworth, of RECOGNIZING SOLON mentary students achieve at the high- West Danville, VT; SPC Pedro A. Millet ELEMENTARY SCHOOL est level academically. Hope Elemen- Meletiche, of Elizabeth, NJ; Sgt Jason D. Ms. COLLINS. Mr. President, I am tary School is a top-performing school Calo, of Lexington, KY; SGT Brandon E. delighted to commend the Solon Ele- on State-required assessments, and Maggart, of Kirksville, MO; PFC Alexis V. mentary School of Solon, ME, on being staff at the school use assessments Maldonado, of Wichita Falls, TX; LCpl Na- named a 2012 National Blue Ribbon throughout the academic year as a tool thaniel J. A. Schultz, of Safety Harbor, FL; SPC Christopher S. Wright, of Tollesboro, School of Excellence. This prestigious for improving and customizing instruc- KY; LCpl Cody S. Childers, of Chesapeake, recognition of high accomplishment tion. The school works closely with VA; Cpl Christopher J. Boyd, of Palatine, IL; was bestowed by Secretary of Edu- families to forge a strong school com- SOC Collin Thomas, of Morehead, KY; SGT cation Arne Duncan. munity where students are connected

VerDate Mar 15 2010 06:58 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.008 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6438 CONGRESSIONAL RECORD — SENATE September 19, 2012 and encouraged to pursue their inter- must be done and that it must be done POLITICAL BACKGROUND ests. now. Taiwan experienced a long political strug- I applaud not only the students, but Suicide reaches far beyond one indi- gle during the authoritarian era. Democracy also the administrators, teachers, staff, vidual—it devastates entire families in Taiwan only began after the death of and parents of Hope Elementary and affects communities. Our military President Chiang Ching-kuo in January 1988 School. Together, they are succeeding families are resilient and they display and the accession of Lee Teng-hui to the presidency. The political system is not di- in their mission to generate confidence incredible courage in the face of so vided between ‘‘left’’ and ‘‘right,’’ though the and momentum for learning. They are many unique challenges, but no one DPP does place somewhat more emphasis on making a difference in the lives of person or family can be strong all the ‘‘social justice.’’ Instead, ‘‘the primary polit- their students, helping them reach time. ical cleavage between the political parties their full potential as independent, re- That is why we must continue to do has been and remains the issue of national sponsible learners and as engaged citi- everything in our power to send the identity, often referred to as the ‘unifica- zens. message to our servicemembers, vet- tion-independence’ issue’’ (Taiwan Elections I am pleased that the U.S. Depart- erans, and their families that it is OK Handbook, 2012: p.13), or between the ‘‘pan- ment of Education has selected Hope blue’’ alliance (Kuomintang and associated to ask for help and that the care and parties) and the ‘‘pan-green’’ alliance (DPP Elementary School for this well-de- support they need is waiting for them. and aligned parties). served honor, and I congratulate the I urge our citizens, our government, Mr. Ma’s percentage of the vote fell from entire community for this outstanding and our Nation to continue to stand the 58 per cent he gained four years earlier achievement. shoulder to shoulder with our Armed and, as indicated earlier, the new KMT ma- f Forces and recommit ourselves to jority in the legislature was much less than stemming the tide of military suicide the huge victory, which it won in 2008 (Cole, U.S. ARMY’S SUICIDE STAND once and for all because we can all March 9, 2012). DOWN DAY agree that one suicide is one too many. THE INTERNATIONAL ELECTION OBSERVER Mrs. BOXER. Mr. President, I rise MISSION (IEOM) f today during Suicide Prevention Eighteen (18) observers from seven coun- Month to recognize the Army’s Suicide REPORT ON THE NATIONAL tries were invited by the International Com- Stand Down Day, which will take place ELECTION IN TAIWAN mittee for Fair Elections in Taiwan (ICFET) later this month on September 27, 2012. Ms. MURKOWSKI. Mr. President, in to form an International Election Observa- The stand down is an opportunity for tion Mission (IEOM) for the January 2012 August I submitted a resolution ex- Presidential and Legislative elections in Tai- the Army to take a hard look at cur- pressing the sense of the Senate that wan. See the list of members of the IEOM rent efforts to address the issue of sui- the U.S. Government should continue below in Table 1. cide among soldiers and focus on ways to support democracy and human The group consisted of observers from Aus- to improve these efforts. It will empha- rights in Taiwan following the January tralia, Canada, Denmark, France, Japan, size eliminating the stigma sur- 2012 Presidential and legislative elec- Sweden, the Netherlands, and the United rounding mental health injuries, which tions. The International Election Ob- States, ranging in experiences from aca- too often prevents our service men and servers Mission has prepared a Report demia, elected representatives, religious women from getting the help they groups, businesses, and civil society. As ob- on the National Election in Taiwan servers, the IEOM members tried to be need. that includes some important details strictly neutral in all their activities, data This could not come at a more crit- and findings. I ask unanimous consent gathering, and conclusions. ical time. The incidence of suicide that the summary of that report be Most members of the IEOM were in Taiwan among our troops has skyrocketed to printed in the RECORD. from January 10–15, 2012. Members visited lo- alarming levels due, in part, to over 10 There being no objection, the mate- cations in Taipei, Kaohsiung, Tainan, and years of repeated and protracted de- rial was ordered to be printed in the Taichung. As a group, they met with cam- paign organizers, staff, and candidates from ployments to combat zones around the RECORD, as follows: the three political parties running presi- world. In fact, the Army experienced a REPORT ON THE NATIONAL ELECTION IN record-high 38 Active-Duty suicides in dential tickets: the Democratic Progressive TAIWAN, JANUARY 14, 2012 Party (DPP), the Chinese Nationalist Party July and is on track to surpass last To: International Committee for Fair Elec- (KMT), and the People First Party (PFP). year’s total. This is absolutely tragic tions in Taiwan Then, on the day before the election (Janu- and requires urgent and sustained ac- From: The International Election Observ- ary 13, 2012) and during Election Day (Janu- tion. ers Mission (IEOM) ary 14, 2012), the IEOM split into smaller The central theme of the stand down By: Woodrow W. Clark II MA, PhD, Lead groups of 2–4 members who observed political is ‘‘Shoulder to Shoulder: We Stand up Author and Senator Frank Murkowski, rallies, street campaigns, and polling station for Life.’’ This is such a critical mes- Chair and all IEOM Members. as well as the Central Election Commission sage—our servicemembers should never OVERVIEW counting center on Election Day. This report consists of direct IEOM obser- have to suffer alone. Our military men Taiwan is an island nation of 23.2 million people (November 2011) in an area of 35,980 vations by its members as well as other and women make tremendous sac- sources, including the Taiwan and inter- rifices each and every day in service to sq. km. The nation has 18.1 million eligible voters, all citizens who are 20 or more years national press as well as post-election news our Nation, and we have a sacred obli- of age. The winner of the January 14, 2012 sources in Chinese and English. Other ob- gation to take care of them in return. Presidential Election, with 51.6 per cent of server groups were also present in Taiwan. This means ensuring they feel com- the vote, was Mr. Ma Ying-jeou, the incum- One other neutral observation group, the fortable seeking the care that they bent and the nominee, Chinese Nationalist Asian Network for Free Elections Founda- need without fear or repercussion or Party (Kuomintang or KMT). Ms. Tsai Ing- tion (ANFREL), headquartered in Bangkok, Thailand, deserves special mention. being stigmatized. This also means im- wen of the opposition Democratic Progres- sive Party (DPP) followed with 45.6 per cent ANFREL produced an Observers Report (en- proving access to mental health care titled ‘‘Credible Elections but a Tilted Play- and providing support for our military and the nominee of the small People First Party (PFP), Mr. James Soong received ing Field’’) after the Election that cor- families. about 2.8 per cent of the vote (Taiwan Elec- responds with many IEOM observations as While there is no single solution to tion Results, January 2012). well as our Press Release and this Report. preventing military suicide, efforts At the same time, voters also elected the The ANFREL Report (2012) will be cited like the Army’s Suicide Stand Down 113 members of the national parliament, the herein. Day are important steps because they Legislative Yuan. The KMT won 64 seats, FULL REPORT provide an opportunity to have a frank while the DPP won 40 seats and the PFP, the The full report of the IEOM was pub- conversation across all levels of leader- Taiwan Solidarity Union (TSU) and non-par- lished in Taiwan on June 11th 2012, and ship about the profound stressors our tisan independent candidates each won three is available on the website of the Inter- troops are experiencing. seats. Compared with the 2008 legislative national Committee for Fair Elections election, the KMT won 17 fewer seats, the I strongly encourage all branches of DPP gained 13 additional seats, the PFP won in Taiwan (ICFET) at: http:// our military to continue to review and two additional seats and the TSU, with its www.taiwanelections.org/wp-content/ improve their suicide prevention pro- three seats, returned to the legislature after uploads/2012/08/Taiwan-2012–Elections- grams because it is clear that more a four-year absence. IEOM-Final-Report.pdf

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KEY SECTIONS: NATION ELECTIONS AND SET OF 1) Honest watching of each polling station move towards much-needed judicial, admin- CONDITIONS 2) Total secrecy in casting the vote istrative as well as legislative reforms? The National Election: democracy and identity 3) Voting: Dates, Residency, Inspection, The world will continue to watch Taiwan politics and Counting as it ‘‘performs’’ and reveals in the next four 4) Absence of a climate of coercion and fear Over the past twenty years, many surveys years what those future steps will be. Tai- 5) Pre-election freedom of party organiza- have been conducted on the identity of Tai- wan is a sign of hope to many and has been tion and activity wan’s citizens. Overall, the numbers who a model of democratic transformation. It 6) Institutional freedom of intermediate consider themselves solely Taiwanese have should continue to be the ‘‘showcase nation’’ organizations increased from 17.3 per cent in 1992 to 54.2 per for democracy. To do that requires ongoing 7) Freedom of speech, campaigning, and as- cent in June 2011. At the same time, the review and oversight. sembly The IEOM has a number of specific rec- numbers who consider themselves solely Chi- 8) Freedom of access to the media ommendations: nese have declined from 25.5 per cent in 1992 9) Media financing of cable, TV, social and A) Thoroughly and honestly resolve the to only 4.1 per cent in June 2011. This devel- electronic, journals, newspapers, and others longstanding problem of KMT party assets, opment has continued since Ma become The IEOM proposes two additional Condi- including their source, use and investments president in 2008. Furthermore, a recent sur- tions both for Taiwan and for other nations: that create a huge imbalance in financial re- vey shows that 74 per cent prefer independ- No. 10: Elections not determined or influ- sources available to each party. This imbal- ence, if given a free choice, and more than enced by international pressure or informal ance distorts everything else in Taiwan’s 81.7 per cent refused to accept the ‘‘One relationships. elections, including that which is otherwise country, Two systems’’ proposal from China No. 11: All Candidates should have equal fair. These hidden assets also provide huge (Danielsen, 2012, pp. 141–142). access to funding for elections. hidden funds to use for election media and Taiwan has much more income equality Overall, the IEOM considers the 2012 Tai- other public relations activities. President than most countries today, and according to wan National Election to have been accept- some commentators is one of the most Ma has stated he wants to resolve the status able for Conditions 1, 2, 4, and 6. However, ‘‘equal societies’’ in East Asia. However, in- of these funds, but has not done so as yet. In Conditions 3, 5, and 7 through 11 raise issues equality has been rising in recent years, so his new term, the proof will be in his actions. that should be addressed and corrected in fu- B) Strengthen enforcement and public pro- that about 20 per cent of the Taiwan popu- ture elections to improve the functioning of motion of campaign spending laws, and close lation earns over six times that of the bot- democracy in Taiwan. the many loopholes that candidates and par- tom 20 per cent of the population. While the ties can use. unemployment level remains low by inter- CONCLUSIONS AND RECOMMENDATIONS C) Make consequences real for candidates national comparison, it too has been rising, The IEOM would like to thank the orga- who buy votes, such as disqualification from affecting mainly lower and working-class nizers of the visit, the ICFET, for their invi- running in future elections. For example, in people. tation and organizing of the delegation. The 2008 the PFP Plains Aboriginal candidate The national elections on January 14, 2012 IEOM wants to encourage the ICFET to con- Lin Cheng-er was removed as a legislator were the fifth direct presidential and the sev- tinue in its efforts and to support election after he was convicted of vote-buying, yet he enth direct parliamentary election. Many observation activities in the future to ran again as a PFP candidate in 2012 and have called Taiwan’s elections ‘‘a beacon of strengthen Taiwan’s democracy, so that it won. We believe he should have been dis- democratic practices in Asia’’ (Baum and can be shared with other countries in the re- van der Wees, 2012). Thus, many other na- qualified from running. gion and around the world. As the IEOM con- D) Use party discipline to combat vote- tions in Asia and around the world were ducted its observations, the members greatly watching the Taiwan election process and its buying. Parties can mobilize members to as- appreciated the willingness of candidates, sist with the oversight of compliance with outcome very carefully. Taiwan has indeed party representatives, and government rep- become more ‘‘democratic’’ over the last election laws and can establish committees resentatives to meet with them. Every party to gather evidence concerning election im- twenty-four years, due to its allowing the ex- organization and its representatives dem- istence and activities of opposition political proprieties. However, it is the individual onstrated hospitality, and suffered the candidates who will make the difference. In parties and the rapid growth of human rights IEOM’s questions with grace and dignity. on the island. Nonetheless, these national short, it is the candidates, not the parties, Areas for Improvement elections were not perfect. This is why the who buy votes. IEOM, in its post-election Press Release, la- The IEOM and ANFREL (January 2012) del- E) Change the household registration sys- beled them ‘‘mostly free but partly unfair’’ egations made comments on the successes of tem to allow people to vote where they actu- (Taiwan Elections, 2012). the Taiwan national election, which are ally work or study in Taiwan and thus end Taiwan is surely not alone among coun- summarized below. Both groups saw ‘‘areas the need to travel long distances in Taiwan tries across the globe in which movements of concern’’. These comments are made to to vote. This is already practiced in many dealing with social and environmental con- provide constructive feedback on the process countries. cerns have been followed up by developments in the spirit of improving it, so as to provide TABLE 1: MEMBERS OF THE INTERNATIONAL focusing on the establishing and functioning a vibrant democratic system worthy of Tai- ELECTION OBSERVERS MISSION (IEOM) of a genuinely democratic system. ‘‘People wan’s people. No matter what happens in the United States—Frank Murkowski, Former power movements’’ have also occurred in future, China will continue to have an im- Senator and Former Governor of Alaska Eastern Europe and Latin America, and pact and influence in Taiwan, just as its eco- (USA); USA, Chair of IEOM Mission; Wood- most recently in the Middle East and North- nomic impact is being felt around the world. row Clark II, PhD. Contributor to Nobel ern Africa. . . . The peaceful interactions between nations Peace Prize-winning Intergovernmental Taiwan is also not alone among nations will result in building relationships and pro- Panel on Climate Change (2007), USA and concerned with democracy today. Many ducing changes for both nations. Ms. Tsai in- Lead Author of Formal IEOM Report; Ed- western nations face similar problems. Thus, dicated the need for the DPP to work with ward Friedman, Professor, Political Science, David Kilgour, a member of the IEOM, spoke China during the election campaign. University of Wisconsin, Madison; John about election issues in Ontario, Canada in Several key institutions need to be Tkacik, Senior Fellow and Director, Future 2005 to the House of Commons Study Group. strengthened. For example, civil service and Asia Project, International Assessment and He noted then that Canada had some similar non-elected offices all need to be further de- Strategy Center. issues with vote-getting (that is, the process politicized. Improvements in the legitimacy Canada—Bill Blaikie, Former M.P, Deputy whereby candidates seek votes by offering of the elections and reduction of the Speaker of Canadian House of Commons; various forms of financial gains). . . . . politicization of the police and courts would Susan Henders, Director, York Centre for Hence the concern for free and open demo- increase trust in them by the people and re- Asian Research at York University; David cratic elections is not restricted to nations, duce criticism of them during campaigns. Kilgour, Former Secretary of State, Asia Pa- which have recently become democratic Attention should be put to ensuring the neu- cific, and former Member of Parliament; (Economist, 2012, pp. 47–48). They are also trality and impartiality, both real and per- Peter Noteboom, Deputy Secretary of Cana- prominent in western developed democratic ceived, of all related government agencies. dian Council of Churches, Commission on nations in the West, like the USA, Canada, The IEOM affirms that Taiwan is already a Justice and Peace; Ted Siverns, Former France, Italy, Spain, and the UK. democratic nation. But as with other democ- Dean, Vancouver School of Theology; Mi- Conditions for Free Elections racies, there are problems that need to be ad- chael Stainton, President, Taiwanese Human In the following section, we follow the uni- dressed. These range from public reporting Rights Association of Canada; Research As- versal conditions for democratic elections, and control of election expenditures to the sociate at the York Centre for Asian Re- as set forth by Wolf (1984), which can be ap- use of media and neutrality of the adminis- search at York University; Lois Wilson, plied to evaluate the national elections in tration. The issues of the neutrality of the Former Canadian Senator, leader on Com- Taiwan in January 2012. These conditions are administrative and judicial systems are seri- mittee on Human Rights in the Canadian based upon election observations in Nica- ous and need to be addressed through public Senate, President of World Council of ragua during which Wolf identified nine oversight, evaluation and control. Will the Churches, first female Moderator of the ‘‘Conditions’’ that can be applied anywhere newly re-elected government appoint and United Church of Canada. in the world (ibid., Preface). Wolf’s nine Con- oversee ‘‘objective’’ and ‘‘transparent’’ gov- Europe (one member from France could ditions are: ernment officials and judicial officers and not participate in the Report)—Michael

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.070 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6440 CONGRESSIONAL RECORD — SENATE September 19, 2012 Danielsen, Chairman, Taiwan Corner (Den- where in Southwest Asia. It is time for I will continue to support the goals mark); Bruno Kaufmann, President, Initia- him to come home. Mr. President, our of Ovarian Cancer Awareness Month— tive and Referendum Institute Europe and Government must continue doing all it not just in September—throughout the Chairman of the Election Commission in can to win his safe return, and I join year. Falun (Sweden); Gerrit van der Wees, Editor, Taiwan Communique´ (The Netherlands). Bob’s family in calling on those who f are holding Bob to set him free. Japan—Katsuhiko Eguchi, Member, House THE LEGEND OF LATROBE of Councilors, Diet; Yoshinori Ohno, Mem- f ber, House of Representatives, Diet; Yoshiko Mr. CASEY. Mr. President, in honor OVARIAN CANCER AWARENESS Sakurai, President, Japan Institute for Na- of Arnold Palmer, and the presentation MONTH tional Fundamentals. of his Gold Medal to him on September Australia—Bruce Jacobs, Professor of Mr. BROWN of Ohio. Mr. President, 12, 2012, in the U.S. Capitol, for a life- Asian Languages and Studies, Monash Uni- we recognize September as Ovarian time of service to his Nation and con- versity. Cancer Awareness Month. tributions in the game of golf which f This year, the American Cancer Soci- has earned him the title of ‘‘The King’’. BICENTENNIAL OF THE RHODE ety estimates that 22,000 women will I ask that this poem penned in his ISLAND MEDICAL SOCIETY develop ovarian cancer and more than honor on this occasion by Albert 15,550 women will lose their battle with Caswell be printed in the RECORD. Mr. REED. Mr. President, on Feb- this deadly cancer. There being no objection, the mate- ruary 25, 1812, by an act of the Rhode In the last 40 years, the National rial was ordered to be printed in the Island General Assembly, the Rhode Is- Cancer Institute, NCI, academic med- RECORD, as follows: land Medical Society was chartered. In ical centers, and researchers across the THE LEGEND OF LATROBE short order, physicians in the State country have made remarkable strides (By Albert Carey Caswell) adopted bylaws and elected officers, be- in improving treatments and therapies coming the eighth State medical soci- for various cancers. The . . . The Legend of Latrobe . . . ety in the Nation. Over the past 200 Today, there are 12 million Ameri- years, the Rhode Island Medical Soci- Upon the fairways of our lives . . . cans who are cancer survivors. All on her greens what we have strived! ety has worked to fulfill its founding Despite this progress, effective treat- So recorded all on these the score cards of principle to consistently improve pa- ments for some cancers—including our lives . . . tient care. That principle is reflected ovarian cancer—remain elusive. That which all in the end so improved our in its many accomplishments in the This month, we support these women, lies . . . field of public health. their families, and the tireless efforts Can only but so be found all in how we’ve so By 1852, just 40 years later, Rhode Is- of health care providers and research- led our lives . . . Teeing off, crushing it all in these our life’s land became the fourth State to col- ers across the country. lect, analyze, and publish birth, mar- drives! That is why I joined more than a For when it is all so said and done, riage, and death statistics on an an- dozen Senate colleagues as an original as a Champion, will we so hold the cup of life nual basis. Soon after, it began distrib- cosponsor of the National Ovarian Can- over our heads as won? uting clinical papers of peers regarding cer Awareness Month Resolution. Who have we so touched and inspired, public health trends and treatments. If detected earlier, an ovarian cancer finishing the rounds of our lives to reach These early actions reflect a keen un- patient has a 94 percent chance of sur- even higher! derstanding of disease prevention and viving longer than 5 years. Pin High, On The Green On One . . . health promotion, as well as the col- However, only 20 percent of ovarian All in what is really so important to be won! laborative nature of medicine. When, all in this the tournament we call life cancer is detected in its early stage, which we’ve begun! Since these early years, the Rhode Is- and when diagnosed in the advanced Out upon those fields of green which now so land Medical Society has advanced stage there is only a 30 percent chance runs! public health efforts that run the of survival. Will we so settle for par, gamut from sanitation to vaccination. This makes ovarian cancer the dead- or shoot way below in the tournaments of It was the second in the country to liest of all gynecologic cancers. lives my son? admit a female doctor. It also has The National Ovarian Cancer Aware- Standing out as a Champion All In The played a role in the development of na- ness Resolution designates September Game of Life, tional health care policy, such as men- all in what we have so said and done! as Ovarian Cancer Awareness Month Will we so make the cut before our setting tal health parity, an effort to achieve and encourages the efforts of cancer suns! fairness in the treatment of mental ill- advocates to increase public awareness. Arnold Palmer’s life, ness, which was fully realized in 2008 It also supports the NCI and medical is not no ordinary one! when the Mental Health Parity and Ad- researchers work to develop a reliable As the pride of Pennsylvania, dition Equity Act was signed into law. early detection test. who for so many generations has so led with For all these reasons, and many I have long been an advocate of can- such greatness to come! more, I am pleased to add my voice to cer patients and research. The Legend of Latrobe and some! those commemorating the Bicenten- During the health reform debate, I As a champion, ‘‘The King’’ on all fronts! As Father, A Husband, A Grand Father, A nial of the Rhode Island Medical Soci- successfully worked to pass the Clin- Son, A Giver Not a Taker, ety and congratulate its members, ical Trials Amendment. A Patriot in The Coast Guard serving his Rhode Island physicians, physician as- Because of the amendment’s inclu- country, sistants, and future physicians for sion in the Affordable Care Act, ACA, beating that drum! their important work to improve the health insurance companies can no Giving our children something to shoot for health and lives of Rhode Islanders. longer use participation in a clinical in their lives as won! And standing out as one of golfing’s greatest f trial as a reason to deny health insur- ance coverage for routine health care. of all shining sons! FREEDOM FOR BOB LEVINSON A man who could raise his own Army this This provision of the ACA is espe- one! Mr. NELSON of Florida. Mr. Presi- cially important for diseases like ovar- And declare war on all others who so dared dent, over the recess we marked a sad ian cancer that desperately need ad- to challenge America’s Son! anniversary: 2,000 days since retired vancements in effective therapies. As Arnie’s Army marched with him until FBI agent Bob Levinson went missing As we recognize the importance of each tournament was done! in Iran. That is 2,000 days Christine advancing ovarian cancer research and A Man For All Seasons, Levinson has been without her husband commend the struggle ovarian cancer for so many reasons this title he has now so and 2,000 days their children have patients and survivors encounter, we won! Yes, Arnold This Golden One! missed his laugh. There has been an must ensure that researchers get the Who so led the pack, empty seat at the family table for far necessary funding and patients receive all because what was so in his heart which too long. Last year we received proof access to comprehensive care and cov- would not lack! that Bob was alive, most likely some- erage. Chipping into our hearts and souls,

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.070 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6441 As we so watched this hero time and again proudest accomplishments is improv- Thanks to the community’s over- come roaring back . . . ing Montana Tech’s efforts to find stu- whelming generosity and support, Mon- All because of how he so touched each and dents employment before they even tana Tech constructed a new univer- everyone! graduate. sity center to honor Frank and Ann For kindness would follow him everywhere During Frank’s time as chancellor, he’d go! Gilmore. The new Frank & Ann Gil- Because, somewhere in the ruffs of life he so Montana Tech boasted placement rates more University Relations Center let his ego! for its graduates between 93 and 98 per- serves both students and alumni. The Marching For The Dimes, cent. And, lucky for us, 70 to 80 percent center provides a much-needed venue for all of those children so all in time . . . all of Tech graduates chose to remain and for students to meet their future em- to help them so! work in Montana. ployers, as well as place for alumni to For on these fields of green, Frank’s dedication to his students convene and reminisce about their ninety-two championships he has seen! went far beyond the classroom. I time at Montana Tech. But, his greatest victory of all was what in proudly partnered with Montana Tech his heart we saw! As we all can see, both Frank and in 2007 and 2010 to organize the Mon- Anne possess an insatiable hunger for As this Gold Medal upon you Arnold we now tana Economic Development Summits. so bestow . . . education which they have used to bet- All for your service to our Nation so, We could not have asked for a better ter their community. The University of and your excellence and sportsmanship in host than Montana Tech. Frank proud- Montana, the Butte and Anaconda the game of golf wherever you would ly offered the campus to hold work- communities, and especially the Mon- go! shops and host some of the world’s tana Tech students, faculty, and staff, As Arnold, you always stood Pin High! most influential business and economic all know that with people like Frank On The Green In One! leaders. The connections made at Mon- and Ann, Montana will continue to be- For yes you, The Legend of Latrobe are but tana Tech during those summits have America’s Golden Son! come an even better place to live, yielded untold investment and job op- work, and raise a family.∑ Fourrrrrr . . . portunities for Montanans. As this Gold Medal upon you we now so be- f stow Not only is Dr. Gilmore’s career in Because, on the fairways of life you’ve al- education inspiring, he also served his NATIONAL PREPAREDNESS MONTH ways gone for gold! country with distinction in the mili- ∑ Mr. BEGICH. Mr. President, I wish to The Legend of Latrobe! tary. He first served as a Marine Corps proclaim September 2012 as Alaska f reservist when he was a teenager, then Preparedness Month. No one can pre- as an Active-Duty soldier in the Army, dict when or where the next crisis will ADDITIONAL STATEMENTS and finally as a captain in the Army be, and as a state that is particularly Reserve. vulnerable to natural disasters and This past year, Frank was appointed human-caused emergencies, it is essen- TRIBUTE TO FRANK AND ANN as president of the Barry M. Goldwater tial that Alaskans be prepared to re- GILMORE Scholarship and Excellence in Edu- spond to any crisis that may arise. cation Foundation. The Goldwater ∑ Mr. BAUCUS. Mr. President, Henry The American public remains largely Foundation was established to encour- Ford once said, ‘‘Anyone who stops uninformed on and unprepared for pos- age college students to pursue science, learning is old, whether at twenty or sible disasters and other life-threat- math, and engineering. I proudly advo- eighty. Anyone who keeps learning ening emergencies in their commu- cated for Dr. Gilmore’s appointment, stays young. The greatest thing in life nities. Since government agencies and as I cannot think of anyone more is to keep your mind young.’’ disaster organizations cannot bear sole On October 12, 2012, Montana Tech in qualified to lead these efforts. Ann Louise Gauthier Gilmore was responsibility for preparing and re- Butte, MT, will honor two people who sponding to disasters, it is important embody that very spirit: Frank and also the first in her family to earn a college degree. She received her bach- for all to plan ahead. Ann Gilmore. As reflected in their sto- National Preparedness Month is a na- ries, both Frank and Anne recognize elor’s degree in dietetics from the Uni- versity of Northern Colorado. Like tionwide effort led by the American the importance of education and giving Frank, she also honorably served in Red Cross to raise awareness about the back to society. our Nation’s military. importance of planning for all types of A Mississippi native, Dr. Frank Gil- Ann joined the U.S. Army in 1961 and emergencies. Held each September, Na- more sought educational opportunities completed her dietetic internship at tional Preparedness Month aims to en- early and often. He was the first mem- Walter Reed Army Medical Center in courage American households to learn ber of his family to earn a college de- Washington, DC. She continued to more about preparedness and to create gree. Frank’s intellectual curiosity serve our Nation in the Army Medical a family disaster plan. paved the way for an impressive aca- Corps until her honorable discharge in It is my hope that by proclaiming demic career, one that includes studies 1963 as a first lieutenant. September 2012 as Alaska Preparedness at the Massachusetts Institute of Tech- Not only has Ann demonstrated a Month, Alaskans will be inspired to nology and Harvard University. Frank life-long commitment to education and make sure they are well-equipped to obtained a bachelor’s degree in chem- to our country, she has directed her deal with any and all possible crises in istry from Virginia Military Institute, talents toward serving her community. the future.∑ and then went on to earn his Ph.D. in Ann worked with the Women, Infants f organic chemistry with a minor in in- and Children, WIC, Program in Mis- REMEMBERING ALBERT ADAMS dustrial relations at MIT. His career in sissippi, the PEO, Philanthropic Edu- higher education began in 1967 at the cational Organization, a sisterhood ∑ Mr. BEGICH. Mr. President, on Au- University of Mississippi. Dr. Gilmore committed to empowering women gust 13, 2012, Senator Al Adams passed then taught at the West Virginia Uni- through education, and served on the away peacefully at home in Anchorage, versity Institute of Technology, and fi- board of the Butte Symphony Orches- AK, surrounded by family. nally joined Montana Tech in 1998 as tra. Albert P. Sikiagruk Adams was born chancellor. Frank and Ann’s stories give us hope June 18, 1942, in Kotzebue, AK. He at- Montana Tech has earned a reputa- that there are dedicated, hard-working tended Mt. Edgecumbe High School in tion as one of the finest science, engi- folks in our schools, providing our chil- Sitka. Following high school, he at- neering, and technical colleges in the dren with the tools they need to suc- tended the University of Alaska Fair- world, and much of its success can be ceed. In a world more competitive than banks and RCA Technical Institute. attributed to the incredible leadership ever before, it is essential that we pro- Al Adams is survived by his wife, under Dr. Frank Gilmore. Under Dr. vide all Montanans with a world-class Diane; his children Al ‘‘Sonny’’ Adams, Gilmore’s chancellorship, The Prince- education. Investing in Montana’s Guy Adams, Herb Adams, Michelle ton Review selected Montana Tech as young minds is the best way to keep us Merculieff, Thomas Adams, and Luke one of its ‘‘Best 368 Colleges’’ for 11 competitive with our global neighbors Adams. He is survived by his sisters consecutive years. One of Dr. Gilmore’s and to ensure a solid economic future. Adra Distefano, Sarah Scanlan, and

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.087 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6442 CONGRESSIONAL RECORD — SENATE September 19, 2012 Darlene ‘‘Red’’ Seeberger, their fami- again provided a powerful voice in Ju- has grown to become the world’s larg- lies, and his brothers-in-law John and neau and Washington, DC, drawing on est youth sports program, enabling Thomas Simonson, Mike Scanlan, and his years of State legislative experi- millions of children from 80 countries Don Distefano and sister-in-law Peggy ence. He brought the same passion to in 6 continents to enjoy and compete in Simonson. He also leaves his beloved lobbying that he had as a legislator, al- the American pastime. This year the grandchildren and extended family ways saying those he represented Little League World Series featured members. weren’t his clients, they were his peo- eight regional representatives from the Al lived a life of service and was ple. He tirelessly promoted the contin- United States and eight international known for a generosity of spirit and a ued successes of Mt. Edgecumbe High teams. drive to help others in both his public School because of the valuable oppor- The Petaluma National All-Star and private life. tunities it provides to develop relation- team qualified for the Little League To his family, he was a beloved hus- ships among talented young Alaska World Series by winning the District 35 band, father, and grandfather for whom Native people. Tournament in Petaluma, the Section I family was the highest priority. He Al’s hospitality to his peers, staff, Tournament in Fairfield, the NorCal often organized subsistence hunting clients and visitors at the State capitol Division II Tournament in Fremont and fishing trips for his children, where is still remembered to this day. His and the Western Regional Tournament he passed down traditional Inupiat door and telephone lines were always in San Bernardino. skills. He coordinated all the logistics open to Alaskans, no matter where At the Little League World Series, for these memorable outings and even they lived. He worked hard to guar- the Petaluma All-Stars achieved sev- served as camp cook, making sure ev- antee rural Alaska gained its fair share eral impressive and memorable feats. eryone was well fed. Whether of State funding and he joined his col- In the U.S. Championship game, the dipnetting at the mouth of the Kenai leagues on statewide efforts that bene- Petaluma All-Stars staged one of the River, caribou hunting outside of fitted all Alaskans. biggest and most thrilling rallies in Kotzebue, or visiting the fish wheel at An astute lawmaker, he was a master Little League World Series history Chitina, he let his wife, children, and at understanding politics and State fi- when they plated 10 runs in the bottom grandchildren know they were loved nances and chaired the powerful House of the sixth to force their game against and they came first and foremost in his Finance Committee during his 8-year the team from Goodlettsville, TN into life. term in the State House. He served 18 extra innings. Although their valiant He was also a romantic and loving years on the Legislative Budget and effort would ultimately fall short, the husband, planning vacations for his Audit Committee and 12 years on the remarkable determination and com- wife, Diane, to celebrate and share the Operating Budget Conference Com- petitiveness exhibited by these young milestones they achieved together as a mittee. He served on other key com- athletes will forever be a part of the couple. Travel was one of his favorite mittees that helped protect subsistence lore of the Little League World Series. pastimes and one he loved to share and bring needed infrastructure and so- The next day, the Petaluma team with her. cial services to rural Alaska. showed its resilience by defeating the He fought hard for the establishment Although he led a very public life, he team from Aguadulce, Panama to place and continued existence of the Power also was a man of many unsung good third worldwide behind the eventual Coast Equalization (PCE) program; deeds on a personal level. Many people Little League World Series champion- did not know he kept cash in his vehi- convincing the Alaska Legislature to establish an endowment to fund PCE in ship team from Tokyo, Japan and the cle console to give those in need, or perpetuity. U.S. Championship team from that he provided meals to those who Prior to his legislative service, he Goodlettsville, TN. were hungry. At Christmas, boxes of held other positions as president of I ask my colleagues to join me and turkeys would arrive at Bean’s Cafe Kikiktagruk inupiat Corporation. He the Petaluma community in recog- and money for holiday goody bags also served on numerous boards includ- nizing all the members of the Petaluma would arrive at the Friends Church. ing the Alaska Airlines Advisory National Little League All-Star team The individual recipients never knew Board, Arctic Power, Mt. Edgecumbe on this wonderful achievement: who had lent them a hand. and NANA Regional Corporation. Kempton Brandis, Blake Buhrer, Logan Even when Al was ill, he cared for When I was elected mayor of Anchor- Douglas, Quinton Gago, Daniel Marzo, others and tried to ease their worries age, AK, Al met with me and reminded Dylan Moore, James O’Hanlon, Austin with humor. He wanted others to be me Anchorage is Alaska’s largest Na- Paretti, Porter Slate, Hance Smith, comfortable and to enjoy life. He put tive community. When I was elected Bradley Smith, Cole Tomei, Andrew people first and was always prepared to Senator, he continued to advise me on White and a team of dedicated coaches, serve them. He believed in God, in a how together we could help all Alas- parents and volunteers.∑ higher power, and was a teacher and kans. f mentor to many. The people of Alaska will miss Sen- DEATH OF SACAGAWEA Publically, Al’s service to his beloved ator Al Adams. He was a friend, a men- State improved the lives of those he tor, a humanitarian and an example for ∑ Mr. JOHNSON of South Dakota. Mr. represented in rural Alaska. His long many generations of leaders. I will President, I wish to speak today to career in public service began in the miss Al for not only his guidance on commemorate the life of Sacagawea late 1960s and included 8 years in the doing what’s right for all of the people and the impacts her life has had on the Alaska State House beginning in 1980, of Alaska but for his wit and his friend- development of our great Nation. While during which he represented District 37 ship.∑ there is some controversy regarding which included the communities of the f the death of Sacagawea, most research NANA/Maniilaq and Arctic Slope re- indicates that this year marks the gions. From 1988–2000, he served in the PETALUMA ALL-STAR TEAM 200th anniversary of her reported death Alaska State Senate, also representing ∑ Mrs. BOXER. Mr. President, I am in present day South Dakota. the Bering Straits/Kawerak region. pleased to congratulate the 2012 Sacagawea is historically most fa- Following his retirement from the Petaluma National Little League All- mous for guiding Captains Meriwether Alaska State Legislature, Al served as Star team for capturing third place at Lewis and William Clark, along with president of Adams Management Serv- the 66th Little League World Series in her husband and infant son, on U.S. ices and worked for the Northwest Arc- Williamsport, PA. The determination, President Thomas Jefferson’s Corps of tic Borough and North Slope Borough sportsmanship and love of the game Northwestern Discovery expedition to as an adviser sharing his understanding that these young athletes exhibited the Pacific Coast and back from 1804 to of State government and how it could captured the imagination and support 1806. help the people of rural Alaska. of people in Petaluma and throughout Sacagawea, the daughter of a Sho- In 2003, he began a new career as a California. shone chief, was born around 1788 in lobbyist with a focus on representing Since its establishment with three present-day Idaho. At a young age, she rural and Alaska Native interests. He teams in 1939, Little League Baseball was captured by the enemies of the

VerDate Mar 15 2010 06:58 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.085 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6443 Shoshones, the Hidatsa, and sold to a remembrance. Her guidance and inter- He’s been gone for more than a year French-Canadian trapper named Tous- pretation were vital to Lewis and now, but his memory lives on through saint Charbonneau. Charbonneau mar- Clark’s journey. I hope my fellow col- his loving wife Helen, his family, his ried Sacagawea and the two lived leagues will help me commemorate the friends and through the continuing leg- among the Mandan and Hidatsa tribes 200th anniversary of the reported death acy of the schooner Adventure. of the upper Missouri river in present- of Sacagawea by recognizing her sac- In my Boston office, I have a copy of day North Dakota. When Lewis and rifice and efforts.∑ his book about the Adventure, which Clark came to the area on their jour- f he helped to restore. When I received it ney in November of 1804, they commis- many years ago, it arrived with an in- sioned Charbonneau and Sacagawea, NATIONAL CITY, CALIFORNIA vitation from Joe to tour the schooner who was with child, to serve as inter- ∑ Mrs. BOXER. Mr. President, today I and, of course, I didn’t waste any time preters. With the help and knowledge take this opportunity to recognize and accepting his invitation. He welcomed of Sacagawea, the Lewis and Clark ex- celebrate the 125th anniversary of Na- me aboard, and his tour made the Ad- pedition reached the Pacific Ocean in tional City, located in San Diego Coun- venture’s history come alive—from its November of 1805. ty, CA. construction in 1926 through its career It was reported that Sacagawea died National City was founded in 1868 and as a ‘‘highliner,’’ the biggest money- on December 20, 1812, at Fort Manuel incorporated on September 17, 1887, maker of them all, landing nearly $4 Lisa, which overlooked the Missouri making it the second oldest city in San million worth of cod and halibut during River near the present-day city of Diego County. The land on which it her career. Kenel, in Corson County, SD. John stands had earlier been an Indian As Joe himself once wrote, ‘‘The Ad- Luttig, the trading post’s clerk, wrote: rancheria, home of Apusquele band of venture is a survivor, not a vision. She ‘‘This evening the wife of Charbonneau, the Hamacha tribe. In 1769 it had be- is here, real and beautiful . . . I can a Snake Woman, died of a putrid fever. come one of the ranches used by the stand on those decks with the whole- Aged about 25 years. She left an infant Mission San Diego de Alcala, and the sail breeze, arms hooked into the rig- girl.’’ padres called it La Purisima Concep- ging, and watch her go, watch the Though Sacagawea had a short and cion. miles bubble out from under the stern difficult life, her legacy still lives on. In the late 19th century, National as they have done now for more than The celebration of her life also gives us City pioneered the shipping and trans- fifty [now nearing 100] years. She is a great opportunity to recognize the portation systems for San Diego, con- fantastic!’’ rich culture and heritage of our Native structing the area’s first wharf and in- As we celebrate the historic restora- American tribes. As we bear in mind troducing the first transcontinental tion of the Adventure, and celebrate her life, death, and impact, I encourage railroad terminus; the National City Joe’s incredible life, I know that he is everyone to join in also commemo- Depot, built in 1882, is the last one smiling down on us today, on what rating the unique culture of the indige- standing out of the original five trans- would have been his 90th birthday. Mr. nous peoples of the United States. continental terminus railroad stations Later this month, the Lewis and President, the world weathers so many and is designated as a California his- Clark Trail Heritage Foundation will storms, but at the center of each we torical landmark. Another local cul- be holding their regional meeting in find people of character who revive our tural treasure ‘‘Brick Row,’’ built in Fort Pierre, SD. The South Dakota hope and give us strength. Joe Garland 1887 is the only Philadelphia-style row Chapter of the Lewis and Clark Trail was such a man, and we are all blessed Heritage Foundation, Encounters on housing in the southwestern United to have had his strength and his char- the Prairie, will be hosting this re- States and is listed in the National acter as an example, and we are equal- gional meeting which will be com- Register of Historic Places. ly blessed that he left us with such a memorating the 200th anniversary of Today, National City’s 3-mile-long marvelous schooner, the Adventure, as ∑ Sacagawea’s reported death. I am port along San Diego Bay is part of an enduring reminder of his life. proud to speak about the rich piece of Naval Base San Diego, the largest U.S. f Navy base on the west coast. In addi- our Nation’s history she was a part of. TRIBUTE TO DAVID WOOD Her memory and the heritage in which tion to its leading role as a naval gate- ∑ Mrs. SHAHEEN. Mr. President, today she embodies, continues to inspire us way, National City is considered a I wish to recognize the career of David in South Dakota and across the Na- symbolic link between San Diego and Wood, the founding Executive Director tion.∑ Mexico. ∑ Mr. THUNE. Mr. President, today I On September 22, residents of Na- of Affordable Housing, Education and wish to recognize the 200th Anniver- tional City will gather for a citywide Development (AHEAD), Inc. in Little- sary of the reported death of 125th anniversary picnic at Kimball ton, New Hampshire. After over 20 Sacagawea within the borders of what Park. I congratulate the people of Na- years of hard work to make affordable is now South Dakota. At this time I tional City on this special occasion and housing and home ownership a reality would like to commemorate her for her salute their rich history and wonderful for hundreds of NH families, David will contributions to the Lewis and Clark community spirit.∑ step down from his position at the end Expedition. f of this year. I would like to take this opportunity to thank him for his re- Sacagawea accompanied Meriwether REMEMBERING JOE GARLAND Lewis and William Clark on the North- markable commitment to helping western Discovery Expedition to the ∑ Mr. KERRY. Mr. President, last sum- those in need. Pacific Coast for the U.S. President mer Massachusetts lost a gentleman, Since 1991, AHEAD has provided safe Thomas Jefferson’s Corps. In recogni- the fishing industry lost an icon and I and affordable rental housing, family tion of her service and bravery, the lost a friend. For years Joe Garland support, and financial education to Central South Dakota Chapter of the served as the unofficial historian of thousands of people living in rural Lewis and Clark Trail Heritage Foun- Gloucester, MA—its fishermen, its northern New Hampshire. Under Da- dation, known as Keepers of the Story, boats and its life. If you visit the Fish- vid’s direction, the organization now Stewards of the Trail, are hosting a re- erman’s Memorial on Gloucester’s wa- owns and operates 304 units of afford- gional meeting September 28, 29, and terfront on a stormy winter day, the able multifamily rental housing in 30, 2012. The meeting will be open to statue of the Heroic Mariner seems to nine communities in our State. Fur- the public in the cities of Fort Pierre, be steering the whole town into the thermore, AHEAD has assisted more Pierre, Mobridge, and Kenel, SD. To wind toward fair weather. And if you than 600 families buying their first help commemorate the bicentennial of look closely at the statue, you can al- homes and helped rescue another 250 the reported death of Sacagawea, the most see Joe Garland in its carved households facing foreclosures. Lewis and Clark Trail Heritage Foun- granite face, full of grit and determina- AHEAD has received numerous dation will travel to Fort Manuel Lisa. tion, guiding his beloved Gloucester awards over the last 20 years in rec- The story of Sacagawea, while short, through headwinds and troubled ognition of the positive impact that is one of great success and worthy of waters. David and his staff have brought to our

VerDate Mar 15 2010 07:18 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.067 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6444 CONGRESSIONAL RECORD — SENATE September 19, 2012 North Country. These accolades in- community-based care, and improves tion’s best health plans for member clude the USDA Rural Development care coordination. satisfaction and quality and their com- New Hampshire Partner of the Year in Additionally, they have been na- mitment to both exceptional and af- 2002, the Federal Home Loan Bank-Bos- tional leaders in payment reform by fordable health care is clearly evident ton Partner of the Year, and the Citi- designing an innovative model that has to their nearly three million members zens Bank Champion in Action in 2005. demonstrated the ability to improve in Massachusetts. In addition to his full-time respon- the quality of patient care while simul- I congratulate Andrew Dreyfus, sibilities at AHEAD, David has served taneously slowing the growth of health President and Chief Executive Officer, on the Board of the New Hampshire care spending. In 2008, BCBSMA cre- and all the employees at BCBSMA who Community Development Finance Au- ated a new payment system called the work together to advance the avail- thority for 20 years, spending four of Alternative Quality Contract (AQC). ability of quality health care on this them as its chair. He has been an ac- This model rewards physicians and hos- remarkable milestone. I look forward tive member of the National Neighbor pitals for the quality and outcomes of to the innovation and leadership you Works Association and spent 6 years on the care they provide to patients. Pro- will deliver over the next 75 years for the Advisory Council for the Federal viders receive a global budget for their the Commonwealth of Massachusetts.∑ Home Loan Bank of Boston. David has patients and are responsible for any ex- f also been a crucial voice in Housing cessive spending and are rewarded for RECOGNIZING THE LOWELL Action New Hampshire’s advocacy ef- quality. This combination of the global MILKEN CENTER forts to promote affordable housing budget and pay-for-performance incen- ∑ Mr. ROBERTS. Mr. President, today across our State. tives establishes provider account- I wish to commemorate the Lowell These impressive accomplishments ability for both the quality and cost of Milken Center’s 2012 National Projects demonstrate David’s dedication to im- care. Kick-off. Located in Fort Scott, KS, proving the lives of families in Coos BCBSMA isn’t just committed to its the Lowell Milken Center discovers, and northern Grafton Counties. I am members; they are leaders in the com- develops, and communicates the stories sure that David will modestly attribute munity with a distinct focus on cor- of unsung heroes who have made a pro- this success to his talented and dedi- porate citizenship and civic engage- found and positive difference on the cated team of staff and supporters, but ment. They spend countless hours course of history. The Lowell Milken it was his vision for community devel- working within the community to Center was opened in 2007 as an inter- make a measurable and sustainable im- opment that led to the founding of national nonprofit organization fo- pact on issues such as child develop- AHEAD. His belief in stable families as cused on creating a better future by de- ment, healthy environments, and fam- the foundation of a vibrant community veloping projects that teach respect ily nutrition. During the last year, resulted in projects like the McKee Inn and understanding. This approach has BCBSMA associates volunteered to per- in Lancaster and Littleton Town & been built upon student-driven, form more than 26,000 hours of commu- Country Family Housing. Because of project-based learning so that Ameri- his commitment to this cause, hun- nity service throughout Massachusetts. cans and people around the world may dreds of families in New Hampshire In their tradition of supporting the learn that each of us has the responsi- now have access to safe, warm, and af- work of not-for-profit organizations, bility and the power to take actions to fordable homes. BCBSMA is commemorating their 75th improve the lives of others. Put simply, Mr. President, David has anniversary by providing grants to During its 6 years of operation, the made New Hampshire a better place to community stakeholders working to center has hosted over 15,000 visitors live and raise a family. I know that the advance the health and nutrition of and reached over 550,000 students in great energy and spirit with which he families facing economic hardship. 5,000 schools by telling inspiring stories has led AHEAD for the past 20 years BCBSMA founded the Blue Cross of unsung heroes to influence change in will endure at this enormously success- Blue Shield of Massachusetts Founda- behaviors and attitudes. In May, I had ful non-profit organization. I congratu- tion in 2001, one of the largest health- the pleasure of visiting the Lowell late David on all his achievements and focused private philanthropies in New Milken Center. During my visit, I was wish him the best in his retirement.∑ England, to expand access to health able to meet the center’s visionary and f care. The Foundation played an impor- founder Norm Conard and its program tant role in the passage of Massachu- director Megan Felt. Both are out- RECOGNIZING BLUE CROSS BLUE setts health reform in 2006 by providing SHIELD OF MASSACHUSETTS standing Kansans who have helped reliable data and objective analysis to shape the way we approach history and ∑ Mr. KERRY. Mr. President, today I policy-makers and convening stake- learning. Ms. Felt has been honored na- would like to recognize the accom- holders for sessions of public debate. tionally and internationally for her plishments of Blue Cross Blue Shield of Massachusetts now has the best health projects with students, and she is the Massachusetts (BCBSMA), a company care coverage rate in the Nation with founder of the internationally ac- that has provided affordable health in- 98.1 percent of residents having health claimed work, ‘‘Life in a Jar: The Irena surance options for families in the insurance, including 99.8 percent of all Sendler Project.’’ Commonwealth for the past 75 years. children. Irena Sendler was a devout Catholic As our Nation’s health care system Not only did BCBSMA work to ex- who helped save the lives of 2,500 chil- has evolved, BCBSMA has remained a pand health care coverage in the Com- dren during the Holocaust in Poland. leader in the industry by focusing on monwealth, they were a leader in the She smuggled children out of a Warsaw the principles of service, leadership, national effort to expand health care ghetto and placed them with families and innovation. In fact, it was the first coverage to all Americans. BCBSMA not threatened by the Nazis. Toward organization of its kind to offer state- was the only health plan in the Nation the end of the war, she was arrested, wide insurance coverage for hos- to file an amicus, or ‘‘friend of the severely beaten, and almost died for pitalization—providing all working court’’, brief in support of the constitu- her actions to save these children. families a financially realistic option tionality of the Affordable Care Act In 1999, three high school students so they could afford a hospital stay when it was considered by the Supreme from Uniontown, KS, uncovered the re- when it was needed. And decades later, Court earlier this year. They believed markable story of Irena Sendler after BCBSMA was instrumental in helping the health reform law was critical to Uniontown High School teacher Norm to create several of the State’s best- ensure that all Americans have the Conard tasked his students to compete known health maintenance organiza- same health care benefits and protec- in a National History Day contest. The tions (HMOs). tions that Massachusetts residents students investigated an article pub- BCBSMA has been actively working have known for years. lished in 1994 mentioning Sendler and to improve the health of their members As we continue to implement the Af- uncovered a heroic story that had gone through an innovative benefit design fordable Care Act, I am confident that virtually unreported. The students that focuses on prevention and cus- BCBSMA will be there every step of the eventually met their hero and began tomized wellness programs, encourages way. They are rated among the na- exchanging letters.

VerDate Mar 15 2010 06:58 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.046 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6445 This relationship inspired the stu- her husband Kirk and her two children, ditches in Afghanistan, and the Navy dents to write a play about Sendler’s Camden and Ally. Her exemplary be- SEALs use it when rappelling from hel- life and work. ‘‘Life in a Jar: The Irena havior gives her family, her workplace, icopters. Sendler Project’’ continues to be per- her community, and the State of New Through hard work, ingenuity, and formed in Uniontown, KS, and has been Hampshire great pride. determination, Yale Cordage has preformed across the U.S. and in Eu- I wish to thank Kristen McGonigle evolved from a commercial fishing rope rope. Fortunately, this project brought for her service and her actions on June supplier to a $20 million company that Sendler much overdue national atten- 9, 2012, and commend her kindness, manufactures rope for a wide range of tion in Poland, and in 2007 Sendler was compassion, and dedication to her field industries. It now operates a state-of- nominated for a Nobel Peace Prize. In and her fellow citizens.∑ the-art facility, and provides jobs for 75 2008, Irena Sendler passed away at age f people in my home State. Yale Cordage 98. is a shining example of the entrepre- RECOGNIZING YALE CORDAGE The Lowell Milken Center continues neurial spirit of Maine. I am proud to to pursue those often missed in history ∑ Ms. SNOWE. Mr. President, it is no commend everyone at Yale Cordage on books and to promote cross-cultural secret that my home State of Maine their success and offer my best wishes understanding in the world. It is an boasts an expansive coastline, un- for the future.∑ matched in beauty. With its numerous honor to represent the Lowell Milken f Center in the United States Senate, bays and inlets, this coastline provides TRIBUTE TO PETER J. FOS and I commend their efforts to promote endless opportunities for the many in- the unsung heroes who changed the dustries that have come to be known as ∑ Mr.VITTER. Mr. President, today I world through the 2012 National quintessentially Maine, including com- wish to recognize Dr. Peter J. Fos. In Projects Kick-off.∑ mercial fishing, shipbuilding, and January, Dr. Fos was named the sixth pleasure boating. One excellent exam- f leader and first president of the Uni- ple is Yale Cordage of Saco, ME, a versity of New Orleans. A New Orleans TRIBUTE TO KRISTEN MCGONIGLE small business dedicated to manufac- native and graduate of UNO, Dr. Fos ∑ Mrs. SHAHEEN. Mr. President, today turing quality products used by indus- received his degree in biological I wish to honor a remarkable citizen, tries throughout Maine and the world. sciences and a doctor of dental surgery Kristen McGonigle of Concord, NH. On Founded in 1950 by O. Sherman Yale, from LSU Health Sciences Center. He June 9, 2012, Kristen saved the life of a Yale Cordage introduced synthetic also earned his masters of public fellow runner during a local road race. fiber to the commercial fishing indus- health and doctor of philosophy in Every June, Portsmouth, NH hosts a try when it began manufacturing health care decision analysis from 10K road race in conjunction with Mar- ropes. For 20 years its focus remained Tulane University. ket Square Day, an annual celebration on commercial fishing; however, it ex- Prior to being selected as president, honoring the renovation of one of the panded its product line to provide ropes Dr. Fos served as a professor and pro- historic city’s vibrant downtown areas. for the pleasure marine marketplace gram director of health policy and sys- Kristen was participating in the race when Yale’s son Tom, an avid sailor, tems management at LSU Health when she noticed another runner, joined the company. From there, Yale Sciences Center where he oversaw cur- Steve Whitney, showing signs of a sig- Cordage began building its reputation riculum development and assessment nificant heart attack. as a leader in the pleasure marine in- and student and faculty professional As a cardiac care nurse at Concord dustry by introducing technologically development. Hospital with more than 16 years of ex- innovative products and, through He also served as provost and execu- perience, Kristen immediately recog- Tom’s leadership as President of the tive vice president for 3 years at the nized Steve’s symptoms and took swift Cordage Institute, influencing industry University of Texas at Tyler and spent action to save his life. Kristen pos- standards. Moreover, in 1983 Australia 4 years as dean of the College of Health sessed the skills necessary to keep II won the America’s Cup for yacht at the University of Southern Mis- Steve alive until paramedics arrived. sailing using all Yale Cordage rigging. sissippi. Dr. Fos has also held positions In fact, Kristen continued to perform But Yale Cordage’s desire to seek new at the Mississippi State Department of chest compressions even after the ar- markets did not stop there. Health, the University of Nevada, Las rival of emergency medical techni- Recognizing certain limitations of Vegas School of Dental Medicine, cians. Her quick action ensured that the pleasure marine market, Yale Tulane University School of Public Steve safely reached the qualified Cordage sought new ways to use its Health and Tropical Medicine, and health care providers at Portsmouth products in different industries. Now, Tulane University Department of Regional Hospital. Yale Cordage’s products are not only Health Systems Management. According to the Centers for Disease found on boats but throughout the In addition to increasing enrollment Control and Prevention, heart disease world and in a variety of capacities. under new admissions standards, Dr. is the leading cause of death in the For example, Central Maine Power uses Fos also has both short and long-term United States. Sadly, nearly every Yale Cordage’s products to string new goals which include improving commu- American knows an individual im- power lines while Bath Iron Works uses nication both on and off campus and pacted by heart disease, and all too them in the destroyer class of naval reconnecting UNO to the local business many people suffer a catastrophic car- warships. You can find Yale Cordage community. diac event similar to the one Steve products in the ocean for use with off- At a time when Louisiana’s higher Whitney experienced. shore oil rigs, beneath the Earth’s sur- education system is being asked to do Nursing professionals dedicate their face in the Sudbury Neutrino Observ- more with less, it is important that working lives to caring for those in atory, in the sky on the Hood Blimp, at those tasked with guiding our univer- need, providing the comforts and neces- the tops of trees with arborist climb- sities into the future do so in ways that sities required for their patients to re- ers, and recently at Niagara Falls when will not compromise the educational gain strength and recover good health. Yale Cordage rope was used in the value provided to Louisiana’s students. The frequent acts of heroism performed hoisting and securing process for the With his long career educating our by these men and women often go un- world’s first tightrope walk directly youth, I am pleased for Dr. Fos that he noticed, but it is impossible to over- over the falls. The National Data Buoy has been selected to lead UNO, and I value the work they perform. The daily Center trusts Yale Cordage products to congratulate him on this great honor.∑ efforts of nurses for the betterment of moor weather buoys critical in the f others serve as an invaluable bridge to tracking of storms, including the re- care between doctor and patient. cent hurricanes in the Gulf of Mexico. MESSAGES FROM THE PRESIDENT I applaud and thank Kristen for her Even our armed services have taken Messages from the President of the devotion to those in need. She has advantage of Yale Cordage’s quality United States were communicated to spent her career helping others while products: the U.S. Army uses Yale the Senate by Mr. Pate, one of his sec- also caring for her family, including Cordage ropes to remove tanks from retaries.

VerDate Mar 15 2010 07:18 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.029 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6446 CONGRESSIONAL RECORD — SENATE September 19, 2012 EXECUTIVE MESSAGES REFERRED H.R. 6213. An act to limit further taxpayer ment of the Senate in the Office of the Presi- As in executive session the Presiding exposure from the loan guarantee program dent of the Senate on August 6, 2012; to the established under title XVII of the Energy Committee on Commerce, Science, and Officer laid before the Senate messages Policy Act of 2005; to the Committee on En- Transportation. from the President of the United ergy and Natural Resources. EC–7523. A communication from the Attor- States submitting sundry nominations H.R. 6365. An act to amend the Balanced ney-Advisor, U.S. Coast Guard, Department which were referred to the appropriate Budget and Emergency Deficit Control Act of Homeland Security, transmitting, pursu- committees. of 1985 to replace the sequester established ant to law, the report of a rule entitled (The messages received today are by the Budget Control Act of 2011; to the ‘‘Safety Zone; Atlantic Intracoastal Water- printed at the end of the Senate pro- Committee on the Budget. way; Oak Island, NC’’ ((RIN1625–AA00) (Dock- et No. USCG–2012–0431)) received during ad- ceedings.) f journment of the Senate in the Office of the f MEASURES PLACED ON THE President of the Senate on August 6, 2012; to MESSAGE FROM THE HOUSE CALENDAR the Committee on Commerce, Science, and RECEIVED DURING ADJOURNMENT Transportation. The following bill was read the sec- EC–7524. A communication from the Attor- Under the authority of the order of ond time, and placed on the calendar: ney-Advisor, U.S. Coast Guard, Department the Senate of January 5, 2011, the Sec- H.R. 5949. An act to extend the FISA of Homeland Security, transmitting, pursu- retary of the Senate, on September 14, Amendments Act of 2008 for five years. ant to law, the report of a rule entitled ‘‘Safety Zone; Atlantic Intracoastal Water- 2012, during the adjournment of the The following joint resolution was Senate, received a message from the way; Emerald Isle, NC’’ ((RIN1625–AA00) read the first and second times by (Docket No. USCG–2012–0432)) received dur- House of Representatives announcing unanimous consent, and placed on the that the House has passed the fol- ing adjournment of the Senate in the Office calendar: of the President of the Senate on August 6, lowing bills, without amendment: H.J. Res. 117. Joint resolution making con- 2012; to the Committee on Commerce, S. 3245. An act to extend by 3 years the au- tinuing appropriations for fiscal year 2013, Science, and Transportation. thorization of the EB–5 Regional Center Pro- and for other purposes. EC–7525. A communication from the Attor- gram, the E-Verify Program, the Special Im- ney-Advisor, U.S. Coast Guard, Department migrant Nonminister Religious Worker Pro- f of Homeland Security, transmitting, pursu- gram, and the Conrad State 30 J–1 Visa MEASURES READ THE FIRST TIME ant to law, the report of a rule entitled Waiver Program. ‘‘Safety Zone; GR Symphony Fireworks Dis- S. 3552. An act to reauthorize the Federal The following bill was read the first play, Kalamazoo Lake, Saugatuck, MI’’ Insecticide, Fungicide, and Rodenticide Act. time: ((RIN1625–AA00) (Docket No. USCG–2012– ENROLLED BILL SIGNED S. 3576. A bill to provide limitations on 0570)) received during adjournment of the Under the authority of the order of United States assistance, and for other pur- Senate in the Office of the President of the the Senate of January 5, 2011, the fol- poses. Senate on August 6, 2012; to the Committee on Commerce, Science, and Transportation. lowing enrolled bill, previously signed f by the Speaker of the House, was EC–7526. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department signed on September 14, 2012, during EXECUTIVE AND OTHER COMMUNICATIONS of Homeland Security, transmitting, pursu- the adjournment of the Senate, by the ant to law, the report of a rule entitled President pro tempore (Mr. INOUYE). The following communications were ‘‘Safety Zone; Fireworks Display, Potomac H.R. 6336. An act to direct the Joint Com- laid before the Senate, together with River, Charles County, Newburg, MD’’ mittee on the Library to accept a statue de- accompanying papers, reports, and doc- ((RIN1625–AA00) (Docket No. USCG–2012– picting Frederick Douglass from the District uments, and were referred as indicated: 0563)) received during adjournment of the of Columbia and to provide for the perma- Senate in the Office of the President of the nent display of the statue in Emancipation EC–7519. A communication from the Attor- Senate on August 6, 2012; to the Committee Hall of the United States Capitol. ney-Advisor, U.S. Coast Guard, Department on Commerce, Science, and Transportation. of Homeland Security, transmitting, pursu- f EC–7527. A communication from the Attor- ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department MESSAGES FROM THE HOUSE ‘‘Safety Zone; Marysville Days Fireworks, of Homeland Security, transmitting, pursu- At 10:04 a.m., a message from the St. Clair River, Marysville, MI’’ ((RIN1625– ant to law, the report of a rule entitled AA00) (Docket No. USCG–2012–0388)) received ‘‘Safety Zone; Fireworks Display, Lake Su- House of Representatives, delivered by during adjournment of the Senate in the Of- Mr. Novotny, one of its reading clerks, perior; Cornucopia, WI’’ ((RIN1625–AA00) fice of the President of the Senate on August (Docket No. USCG–2012–0473)) received dur- announced that the House has passed 6, 2012; to the Committee on Commerce, ing adjournment of the Senate in the Office the following bills and joint resolution, Science, and Transportation. of the President of the Senate on August 6, in which it requests the concurrence of EC–7520. A communication from the Attor- 2012; to the Committee on Commerce, the Senate: ney-Advisor, U.S. Coast Guard, Department Science, and Transportation. H.R. 1775. An act to amend title 18, United of Homeland Security, transmitting, pursu- EC–7528. A communication from the Attor- States Code, with respect to fraudulent rep- ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department resentations about having received military ‘‘Safety Zone; International Special Oper- of Homeland Security, transmitting, pursu- decorations or medals. ations Forces Week Capability Exercise, ant to law, the report of a rule entitled H.R. 6365. An act to amend the Balanced Seddon Channel, Tampa, FL’’ ((RIN1625– ‘‘Safety Zone; Temporary Change for Recur- Budget and Emergency Deficit Control Act AA00) (Docket No. USCG–2012–0007)) received ring Fifth Coast Guard District Fireworks of 1985 to replace the sequester established during adjournment of the Senate in the Of- Displays; Northwest Harbor (East Channel) by the Budget Control Act of 2011. fice of the President of the Senate on August and Tred Avon River, MD’’ ((RIN1625–AA00) H.J. Res. 117. Joint resolution making con- 6, 2012; to the Committee on Commerce, (Docket No. USCG–2012–0251)) received dur- tinuing appropriations for fiscal year 2013, Science, and Transportation. ing adjournment of the Senate in the Office and for other purposes. EC–7521. A communication from the Attor- of the President of the Senate on August 6, ney-Advisor, U.S. Coast Guard, Department 2012; to the Committee on Commerce, At 11:54 a.m., a message from the of Homeland Security, transmitting, pursu- Science, and Transportation. House of Representatives, delivered by ant to law, the report of a rule entitled EC–7529. A communication from the Attor- Mr. Novotny, one of its reading clerks, ‘‘Safety Zone; Fireworks Display, Lake Su- ney-Advisor, U.S. Coast Guard, Department announced that the House has passed perior; Duluth, MN’’ ((RIN1625–AA00) (Dock- of Homeland Security, transmitting, pursu- the following bill, in which it requests et No. USCG–2012–0483)) received during ad- ant to law, the report of a rule entitled the concurrence of the Senate: journment of the Senate in the Office of the ‘‘Safety Zone; Oswego Independence Celebra- President of the Senate on August 6, 2012; to tion Fireworks, Oswego Harbor, Oswego, H.R. 6213. An act to limit further taxpayer the Committee on Commerce, Science, and NY’’ ((RIN1625–AA00) (Docket No. USCG– exposure from the loan guarantee program Transportation. 2012–0481)) received during adjournment of established under title XVII of the Energy EC–7522. A communication from the Attor- Policy Act of 2005. the Senate in the Office of the President of ney-Advisor, U.S. Coast Guard, Department the Senate on August 6, 2012; to the Com- f of Homeland Security, transmitting, pursu- mittee on Commerce, Science, and Transpor- MEASURES REFERRED ant to law, the report of a rule entitled tation. ‘‘Safety Zone; Major Motion Picture Film- EC–7530. A communication from the Attor- The following bills were read the first ing, Atlantic Intracoastal Waterway; ney-Advisor, U.S. Coast Guard, Department and the second times by unanimous Southport, NC’’ ((RIN1625–AA00) (Docket No. of Homeland Security, transmitting, pursu- consent, and referred as indicated: USCG–2012–0577)) received during adjourn- ant to law, the report of a rule entitled

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.013 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6447 ‘‘Safety Zone; Virginia Beach Oceanfront Air ant to law, the report of a rule entitled EC–7546. A communication from the Attor- Show, Atlantic Ocean, Virginia Beach, VA’’ ‘‘Safety Zone; Sheboygan Harbor Fest, She- ney-Advisor, U.S. Coast Guard, Department ((RIN1625–AA00) (Docket No. USCG–2012– boygan, WI’’ ((RIN1625–AA00) (Docket No. of Homeland Security, transmitting, pursu- 0095)) received during adjournment of the USCG–2012–0539)) received during adjourn- ant to law, the report of a rule entitled Senate in the Office of the President of the ment of the Senate in the Office of the Presi- ‘‘Safety Zones; Fireworks Displays in Cap- Senate on August 6, 2012; to the Committee dent of the Senate on August 6, 2012; to the tain of the Port Long Island Sound Zone’’ on Commerce, Science, and Transportation. Committee on Commerce, Science, and ((RIN1625–AA00) (Docket No. USCG–2012– EC–7531. A communication from the Attor- Transportation. 0477)) received during adjournment of the ney-Advisor, U.S. Coast Guard, Department EC–7539. A communication from the Attor- Senate in the Office of the President of the of Homeland Security, transmitting, pursu- ney-Advisor, U.S. Coast Guard, Department Senate on August 6, 2012; to the Committee ant to law, the report of a rule entitled of Homeland Security, transmitting, pursu- on Commerce, Science, and Transportation. ‘‘Safety Zones; Annual Fireworks Events in ant to law, the report of a rule entitled EC–7547. A communication from the Attor- the Captain of the Port Detroit Zone’’ ‘‘Safety Zone; Richmond-Essex County ney-Advisor, U.S. Coast Guard, Department ((RIN1625–AA00) (Docket No. USCG–2012– Fourth of July Fireworks, Rappahannock of Homeland Security, transmitting, pursu- 0313)) received during adjournment of the River, Tappahannock, VA’’ ((RIN1625–AA00) ant to law, the report of a rule entitled ‘‘Se- Senate in the Office of the President of the (Docket No. USCG–2012–0300)) received dur- curity Zones, Seattle’s Seafair Fleet Week Senate on August 6, 2012; to the Committee ing adjournment of the Senate in the Office Moving Vessels, Puget Sound, WA’’ on Commerce, Science, and Transportation. of the President of the Senate on August 6, ((RIN1625–AA87) (Docket No. USCG–2011– EC–7532. A communication from the Attor- 2012; to the Committee on Commerce, 1126)) received during adjournment of the ney-Advisor, U.S. Coast Guard, Department Science, and Transportation. Senate in the Office of the President of the of Homeland Security, transmitting, pursu- EC–7540. A communication from the Attor- Senate on August 6, 2012; to the Committee ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department on Commerce, Science, and Transportation. ‘‘Safety Zone; Atlantic Intracoastal Water- of Homeland Security, transmitting, pursu- EC–7548. A communication from the Attor- way; Wrightsville Beach, NC’’ ((RIN1625– ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department AA00) (Docket No. USCG–2012–0368)) received ‘‘Safety Zone; Fifth Coast Guard District of Homeland Security, transmitting, pursu- during adjournment of the Senate in the Of- Fireworks Display Pasquotank River; Eliza- ant to law, the report of a rule entitled ‘‘Se- fice of the President of the Senate on August beth City, NC’’ ((RIN1625–AA00) (Docket No. curity Zones; 2012 Republican National Con- 6, 2012; to the Committee on Commerce, USCG–2012–0543)) received during adjourn- vention, Captain of the Port St. Petersburg Science, and Transportation. ment of the Senate in the Office of the Presi- Zone, Tampa, FL’’ ((RIN1625–AA87) (Docket EC–7533. A communication from the Attor- dent of the Senate on August 6, 2012; to the No. USCG–2011–0922)) received during ad- ney-Advisor, U.S. Coast Guard, Department Committee on Commerce, Science, and journment of the Senate in the Office of the of Homeland Security, transmitting, pursu- Transportation. President of the Senate on August 6, 2012; to EC–7541. A communication from the Attor- ant to law, the report of a rule entitled the Committee on Commerce, Science, and ney-Advisor, U.S. Coast Guard, Department ‘‘Safety Zone; Sheffield Lake Fireworks, Transportation. Lake Erie, Sheffield Lake, OH’’ ((RIN1625– of Homeland Security, transmitting, pursu- EC–7549. A communication from the Attor- AA00) (Docket No. USCG–2012–0501)) received ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department ‘‘Safety Zone; Major Motion Picture Film- during adjournment of the Senate in the Of- of Homeland Security, transmitting, pursu- ing, Cape Fear River; Wilmington, NC’’ fice of the President of the Senate on August ant to law, the report of a rule entitled ‘‘Se- ((RIN1625–AA00) (Docket No. USCG–2012– 6, 2012; to the Committee on Commerce, curity Zones; USS MISSISSIPPI Commis- 0515)) received during adjournment of the Science, and Transportation. sioning; Pascagoula Harbor and Pascagoula Senate in the Office of the President of the EC–7534. A communication from the Attor- River; Pascagoula, MS’’ ((RIN1625–AA87) Senate on August 6, 2012; to the Committee ney-Advisor, U.S. Coast Guard, Department (Docket No. USCG–2012–0333)) received dur- of Homeland Security, transmitting, pursu- on Commerce, Science, and Transportation. EC–7542. A communication from the Attor- ing adjournment of the Senate in the Office ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department of the President of the Senate on August 6, ‘‘Safety Zone; Detroit Symphony Orchestra of Homeland Security, transmitting, pursu- 2012; to the Committee on Commerce, at Ford House Fireworks, Lake St. Clair, ant to law, the report of a rule entitled Science, and Transportation. EC–7550. A communication from the Attor- Grosse Pointe Shores, MI’’ ((RIN1625–AA00) ‘‘Safety Zone; Grand Hotel 125th Anniver- ney-Advisor, U.S. Coast Guard, Department (Docket No. USCG–2012–0600)) received dur- sary Fireworks Celebration, Mackinaw Is- of Homeland Security, transmitting, pursu- ing adjournment of the Senate in the Office land, MI’’ ((RIN1625–AA00) (Docket No. of the President of the Senate on August 6, USCG–2012–0533)) received during adjourn- ant to law, the report of a rule entitled 2012; to the Committee on Commerce, ment of the Senate in the Office of the Presi- ‘‘Drawbridge Operation Regulation; Stur- Science, and Transportation. dent of the Senate on August 6, 2012; to the geon Bay Ship Canal, Sturgeon Bay, WI’’ EC–7535. A communication from the Attor- Committee on Commerce, Science, and ((RIN1625–AA09) (Docket No. USCG–2011– ney-Advisor, U.S. Coast Guard, Department Transportation. 1109)) received during adjournment of the of Homeland Security, transmitting, pursu- EC–7543. A communication from the Attor- Senate in the Office of the President of the ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department Senate on August 6, 2012; to the Committee ‘‘Safety Zone; Nautical City Festival Air of Homeland Security, transmitting, pursu- on Commerce, Science, and Transportation. Show, Rogers City, MI’’ ((RIN1625–AA00) ant to law, the report of a rule entitled EC–7551. A communication from the Attor- (Docket No. USCG–2012–0389)) received dur- ‘‘Safety Zone; Arctic Drilling and Support ney-Advisor, U.S. Coast Guard, Department ing adjournment of the Senate in the Office Vessels, Puget Sound, WA’’ ((RIN1625–AA00) of Homeland Security, transmitting, pursu- of the President of the Senate on August 6, (Docket No. USCG–2012–0508)) received dur- ant to law, the report of a rule entitled 2012; to the Committee on Commerce, ing adjournment of the Senate in the Office ‘‘Drawbridge Operation Regulation; Science, and Transportation. of the President of the Senate on August 6, Lafourche Bayou, LA’’ ((RIN1625–AA09) EC–7536. A communication from the Attor- 2012; to the Committee on Commerce, (Docket No. USCG–2011–0926)) received dur- ney-Advisor, U.S. Coast Guard, Department Science, and Transportation. ing adjournment of the Senate in the Office of Homeland Security, transmitting, pursu- EC–7544. A communication from the Attor- of the President of the Senate on August 6, ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department 2012; to the Committee on Commerce, ‘‘Safety Zone; Bay Swim V, Presque Isle of Homeland Security, transmitting, pursu- Science, and Transportation. Bay, Erie, PA’’ ((RIN1625–AA00) (Docket No. ant to law, the report of a rule entitled EC–7552. A communication from the Attor- USCG–2012–0163)) received during adjourn- ‘‘Safety Zone; Fireworks Display, Potomac ney-Advisor, U.S. Coast Guard, Department ment of the Senate in the Office of the Presi- River, National Harbor Access Channel; of Homeland Security, transmitting, pursu- dent of the Senate on August 6, 2012; to the Oxon Hill, MD’’ ((RIN1625–AA00) (Docket No. ant to law, the report of a rule entitled Committee on Commerce, Science, and USCG–2012–0507)) received during adjourn- ‘‘Drawbridge Operation Regulation; Hood Transportation. ment of the Senate in the Office of the Presi- Canal, WA’’ ((RIN1625–AA09) (Docket No. EC–7537. A communication from the Attor- dent of the Senate on August 6, 2012; to the USCG–2012–0074)) received during adjourn- ney-Advisor, U.S. Coast Guard, Department Committee on Commerce, Science, and ment of the Senate in the Office of the Presi- of Homeland Security, transmitting, pursu- Transportation. dent of the Senate on August 6, 2012; to the ant to law, the report of a rule entitled EC–7545. A communication from the Attor- Committee on Commerce, Science, and ‘‘Safety Zone; NOAA Vessel Rueben Lasker ney-Advisor, U.S. Coast Guard, Department Transportation. Launch, Marinette, WI’’ ((RIN1625–AA00) of Homeland Security, transmitting, pursu- EC–7553. A communication from the Attor- (Docket No. USCG–2012–0492)) received dur- ant to law, the report of a rule entitled ney, U.S. Coast Guard, Department of Home- ing adjournment of the Senate in the Office ‘‘Safety Zone; Race on the Lake, Onondaga land Security, transmitting, pursuant to of the President of the Senate on August 6, Lake, Syracuse, NY’’ ((RIN1625–AA00) (Dock- law, the report of a rule entitled ‘‘Eighth 2012; to the Committee on Commerce, et No. USCG–2012–0347)) received during ad- Coast Guard District Annual Marine Events Science, and Transportation. journment of the Senate in the Office of the and Safety Zones’’ ((RIN1625–AA00; 1625– EC–7538. A communication from the Attor- President of the Senate on August 6, 2012; to AA08) (Docket No. USCG–2011–0286)) received ney-Advisor, U.S. Coast Guard, Department the Committee on Commerce, Science, and during adjournment of the Senate in the Of- of Homeland Security, transmitting, pursu- Transportation. fice of the President of the Senate on August

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.015 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6448 CONGRESSIONAL RECORD — SENATE September 19, 2012 6, 2012; to the Committee on Commerce, EC–7561. A communication from the Attor- and RIN1625–AA08) (Docket No. USCG–2012– Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department 0111)) received during adjournment of the EC–7554. A communication from the Attor- of Homeland Security, transmitting, pursu- Senate in the Office of the President of the ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled ‘‘Spe- Senate on August 6, 2012; to the Committee of Homeland Security, transmitting, pursu- cial Local Regulation and Security Zone: on Commerce, Science, and Transportation. ant to law, the report of a rule entitled War of 1812 Bicentennial Commemoration, EC–7569. A communication from the Senior ‘‘Moving Security Zone Around Escorted Port of Boston, MA’’ ((RIN1625–AA08) (Dock- Program Analyst, Federal Aviation Adminis- Vessels on the Lower Mississippi River Be- et No. USCG–2012–0100)) received during ad- tration, Department of Transportation, tween Mile Marker 90.0 Above Head of Passes journment of the Senate in the Office of the transmitting, pursuant to law, the report of to Mile Marker 110.0 Above Head of Passes’’ President of the Senate on August 6, 2012; to a rule entitled ‘‘Revocation of Class E Air- ((RIN1625–AA00) (Docket No. USCG–2011– the Committee on Commerce, Science, and space; Lloydsville, PA and Amendment of 1063)) received during adjournment of the Transportation. Class D and E Airspace; Latrobe, PA’’ Senate in the Office of the President of the EC–7562. A communication from the Attor- ((RIN2120–AA66) (Docket No. FAA–2012–0301)) Senate on August 6, 2012; to the Committee ney-Advisor, U.S. Coast Guard, Department received in the Office of the President of the on Commerce, Science, and Transportation. of Homeland Security, transmitting, pursu- Senate on September 10, 2012; to the Com- EC–7555. A communication from the Attor- ant to law, the report of a rule entitled ‘‘Spe- mittee on Commerce, Science, and Transpor- ney, U.S. Coast Guard, Department of Home- cial Local Regulations; Annual Bayview tation. land Security, transmitting, pursuant to Mackinac Race’’ ((RIN1625–AA08) (Docket EC–7570. A communication from the Attor- law, the report of a rule entitled ‘‘Special No. USCG–2012–0403)) received during ad- ney-Advisor, U.S. Coast Guard, Department Local Regulations; OPSAIL 2012 Con- journment of the Senate in the Office of the of Homeland Security, transmitting, pursu- necticut, Niantic Bay, Long Island Sound, President of the Senate on August 6, 2012; to ant to law, the report of a rule entitled Thames River and New London Harbor, New the Committee on Commerce, Science, and ‘‘Navigation and Navigable Waters; Tech- London, CT’’ ((RIN1625–AA08) (Docket No. Transportation. nical, Organizational, and Conforming USCG–2012–0066)) received during adjourn- EC–7563. A communication from the Attor- Amendments’’ ((RIN1625–AB86) (Docket No. ment of the Senate in the Office of the Presi- ney-Advisor, U.S. Coast Guard, Department USCG–2012–0306)) received during adjourn- dent of the Senate on August 6, 2012; to the of Homeland Security, transmitting, pursu- ment of the Senate in the Office of the Presi- Committee on Commerce, Science, and ant to law, the report of a rule entitled ‘‘Spe- dent of the Senate on August 6, 2012; to the Transportation. cial Local Regulations; ODBA Draggin’ on Committee on Commerce, Science, and EC–7556. A communication from the Attor- the Waccamaw, Atlantic Intracoastal Water- Transportation. ney-Advisor, U.S. Coast Guard, Department way, Bucksport, SC’’ ((RIN1625–AA08) (Dock- EC–7571. A communication from the Attor- of Homeland Security, transmitting, pursu- et No. USCG–2012–0201)) received during ad- ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled ‘‘Spe- journment of the Senate in the Office of the of Homeland Security, transmitting, pursu- cial Local Regulations for Marine Events, President of the Senate on August 6, 2012; to ant to law, the report of a rule entitled Swim Event; Lake Gaston, Littleton, NC’’ the Committee on Commerce, Science, and ‘‘Safety and Security Zones; OPSAIL 2012 ((RIN1625–AA08) (Docket No. USCG–2012– Transportation. Connecticut, Thames River, New London, 0197)) received during adjournment of the EC–7564. A communication from the Attor- CT’’ ((RIN1625–AA00) (Docket No. USCG– Senate in the Office of the President of the ney-Advisor, U.S. Coast Guard, Department 2011–1029)) received during adjournment of Senate on August 6, 2012; to the Committee of Homeland Security, transmitting, pursu- the Senate in the Office of the President of on Commerce, Science, and Transportation. ant to law, the report of a rule entitled ‘‘Spe- the Senate on August 6, 2012; to the Com- EC–7557. A communication from the Attor- cial Local Regulations for Marine Events; mittee on Commerce, Science, and Transpor- ney-Advisor, U.S. Coast Guard, Department Potomac River, National Harbor Access tation. EC–7572. A communication from the Attor- of Homeland Security, transmitting, pursu- Channel, MD’’ ((RIN1625–AA08) (Docket No. ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled ‘‘Spe- USCG–2012–0276)) received during adjourn- of Homeland Security, transmitting, pursu- cial Local Regulation; Upper Mississippi ment of the Senate in the Office of the Presi- ant to law, the report of a rule entitled River, Mile 842.0 to 840.0’’ ((RIN1625–AA00) dent of the Senate on August 6, 2012; to the ‘‘OPSAIL 2012 Virginia, Port of Hampton (Docket No. USCG–2012–0312)) received dur- Committee on Commerce, Science, and Roads, VA’’ ((RIN1625–AA00, AA08, AA11) ing adjournment of the Senate in the Office Transportation. (Docket No. USCG–2012–0174)) received dur- of the President of the Senate on August 6, EC–7565. A communication from the Attor- ing adjournment of the Senate in the Office 2012; to the Committee on Commerce, ney-Advisor, U.S. Coast Guard, Department of the President of the Senate on August 6, Science, and Transportation. of Homeland Security, transmitting, pursu- 2012; to the Committee on Commerce, EC–7558. A communication from the Attor- ant to law, the report of a rule entitled ‘‘Spe- ney-Advisor, U.S. Coast Guard, Department Science, and Transportation. cial Local Regulations; Ocean State Tall EC–7573. A communication from the Attor- of Homeland Security, transmitting, pursu- Ships Festival 2012, Narragansett Bay, RI’’ ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled ‘‘Spe- ((RIN1625–AA08) (Docket No. USCG–2012– of Homeland Security, transmitting, pursu- cial Local Regulations for Marine Events, 0073)) received during adjournment of the ant to law, the report of a rule entitled Temporary Change of Dates for Recurring Senate in the Office of the President of the ‘‘Navigation and Navigable Waters; Tech- Marine Events in the Fifth Coast Guard Dis- Senate on August 6, 2012; to the Committee nical, Organizational, and Conforming trict, Wrightsville Channel; Wrightsville on Commerce, Science, and Transportation. Amendments; Corrections’’ ((RIN1625–AB86) Beach, NC’’ ((RIN1625–AA08) (Docket No. EC–7566. A communication from the Attor- (Docket No. USCG–2012–0306)) received dur- USCG–2012–0341)) received during adjourn- ney-Advisor, U.S. Coast Guard, Department ing adjournment of the Senate in the Office ment of the Senate in the Office of the Presi- of Homeland Security, transmitting, pursu- of the President of the Senate on August 6, dent of the Senate on August 6, 2012; to the ant to law, the report of a rule entitled ‘‘Spe- 2012; to the Committee on Commerce, Committee on Commerce, Science, and cial Local Regulation for Marine Events, Science, and Transportation. Transportation. Chesapeake Bay Workboat Race, Back River, EC–7574. A communication from the Attor- EC–7559. A communication from the Attor- Messick Point; Poquoson, VA’’ ((RIN1625– ney-Advisor, U.S. Coast Guard, Department ney-Advisor, U.S. Coast Guard, Department AA08) (Docket No. USCG–2012–0169)) received of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- during adjournment of the Senate in the Of- ant to law, the report of a rule entitled ‘‘An- ant to law, the report of a rule entitled ‘‘Spe- fice of the President of the Senate on August chorage Regulations; Narragansett Bay and cial Local Regulation; Battle on the Bay 6, 2012; to the Committee on Commerce, Rhode Island Sound, RI’’ ((RIN1625–AA01) Powerboat Race Atlantic Ocean, Fire Island, Science, and Transportation. (Docket No. USCG–2009–1131)) received dur- NY’’ ((RIN1625–AA08) (Docket No. USCG– EC–7567. A communication from the Attor- ing adjournment of the Senate in the Office 2012–0629)) received during adjournment of ney-Advisor, U.S. Coast Guard, Department of the President of the Senate on August 6, the Senate in the Office of the President of of Homeland Security, transmitting, pursu- 2012; to the Committee on Commerce, the Senate on August 6, 2012; to the Com- ant to law, the report of a rule entitled ‘‘Spe- Science, and Transportation. mittee on Commerce, Science, and Transpor- cial Local Regulation; East Tawas Offshore EC–7575. A communication from the Senior tation. Gran Prix, Tawas Bay; East Tawas, MI’’ Program Analyst, Federal Aviation Adminis- EC–7560. A communication from the Attor- ((RIN1625–AA08) (Docket No. USCG–2012– tration, Department of Transportation, ney-Advisor, U.S. Coast Guard, Department 0556)) received during adjournment of the transmitting, pursuant to law, the report of of Homeland Security, transmitting, pursu- Senate in the Office of the President of the a rule entitled ‘‘Amendment of Class C Air- ant to law, the report of a rule entitled ‘‘Spe- Senate on August 6, 2012; to the Committee space; Colorado Springs, CO’’ ((RIN2120– cial Local Regulation; San Francisco Bay on Commerce, Science, and Transportation. AA66) (Docket No. FAA–2012–0564)) received Navy Fleetweek Parade of Ships and Blue EC–7568. A communication from the Attor- during adjournment of the Senate in the Of- Angels Demonstration’’ ((RIN1625–AA00) ney-Advisor, U.S. Coast Guard, Department fice of the President of the Senate on August (Docket No. USCG–2012–0459)) received dur- of Homeland Security, transmitting, pursu- 29, 2012; to the Committee on Commerce, ing adjournment of the Senate in the Office ant to law, the report of a rule entitled ‘‘Spe- Science, and Transportation. of the President of the Senate on August 6, cial Local Regulation and Safety Zones; Ma- EC–7576. A communication from the Senior 2012; to the Committee on Commerce, rine Events in Captain of the Port Sector Program Analyst, Federal Aviation Adminis- Science, and Transportation. Long Island Sound Zone’’ ((RIN1625–AA00 tration, Department of Transportation,

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.017 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6449 transmitting, pursuant to law, the report of and VOR Federal Airways; Northeastern 2012; to the Committee on Commerce, a rule entitled ‘‘Amendment of Class D and E United States’’ ((RIN2120–AA66) (Docket No. Science, and Transportation. Airspace; Fort Rucker, AL’’ ((RIN2120–AA66) FAA–2012–0622)) received in the Office of the EC–7593. A communication from the Senior (Docket No. FAA–2012–0635)) received in the President of the Senate on September 10, Program Analyst, Federal Aviation Adminis- Office of the President of the Senate on Sep- 2012; to the Committee on Commerce, tration, Department of Transportation, tember 10, 2012; to the Committee on Com- Science, and Transportation. transmitting, pursuant to law, the report of merce, Science, and Transportation. EC–7585. A communication from the Senior a rule entitled ‘‘Modification of Class E Air- EC–7577. A communication from the Senior Program Analyst, Federal Aviation Adminis- space; Billings, MT’’ ((RIN2120–AA66) (Dock- Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, et No. FAA–2012–0316)) received in the Office tration, Department of Transportation, transmitting, pursuant to law, the report of of the President of the Senate on September transmitting, pursuant to law, the report of a rule entitled ‘‘Standard Instrument Ap- 10, 2012; to the Committee on Commerce, a rule entitled ‘‘Amendment of Class E Air- proach Procedures; Miscellaneous Amend- Science, and Transportation. space; Bar Harbor, ME’’ ((RIN2120–AA66) ment; Amdt. No. 3491’’ (RIN2120–AA65) re- EC–7594. A communication from the Senior (Docket No. FAA–2011–1366)) received in the ceived during adjournment of the Senate in Program Analyst, Federal Aviation Adminis- Office of the President of the Senate on Sep- the Office of the President of the Senate on tration, Department of Transportation, tember 10, 2012; to the Committee on Com- August 29, 2012; to the Committee on Com- transmitting, pursuant to law, the report of merce, Science, and Transportation. merce, Science, and Transportation. a rule entitled ‘‘Standard Instrument Ap- EC–7578. A communication from the Senior EC–7586. A communication from the Senior proach Procedures; Miscellaneous Amend- Program Analyst, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- ments (29); Amdt. No. 3489’’ (RIN2120–AA65) tration, Department of Transportation, tration, Department of Transportation, received in the Office of the President of the transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of Senate on September 10, 2012; to the Com- a rule entitled ‘‘Amendment of Class E Air- a rule entitled ‘‘Standard Instrument Ap- mittee on Commerce, Science, and Transpor- space; Quakertown, PA’’ ((RIN2120–AA66) proach Procedures; Miscellaneous Amend- tation. (Docket No. FAA–2011–0386)) received in the ment; Amdt. No. 3490’’ (RIN2120–AA65) re- EC–7595. A communication from the Senior Office of the President of the Senate on Sep- ceived during adjournment of the Senate in Program Analyst, Federal Aviation Adminis- tember 10, 2012; to the Committee on Com- the Office of the President of the Senate on tration, Department of Transportation, merce, Science, and Transportation. August 29, 2012; to the Committee on Com- transmitting, pursuant to law, the report of EC–7579. A communication from the Senior merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- EC–7587. A communication from the Senior Airbus Airplanes’’ ((RIN2120–AA64) (Docket tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- No. FAA–2012–0185)) received during adjourn- transmitting, pursuant to law, the report of tration, Department of Transportation, ment of the Senate in the Office of the Presi- a rule entitled ‘‘Amendment of Class E Air- transmitting, pursuant to law, the report of dent of the Senate on August 29, 2012; to the space; Apopka, FL’’ ((RIN2120–AA66) (Docket a rule entitled ‘‘Standard Instrument Ap- Committee on Commerce, Science, and No. FAA–2011–0249)) received in the Office of proach Procedures; Miscellaneous Amend- Transportation. EC–7596. A communication from the Senior the President of the Senate on September 10, ments (148); Amdt. No. 3488’’ (RIN2120–AA65) Program Analyst, Federal Aviation Adminis- 2012; to the Committee on Commerce, received during adjournment of the Senate tration, Department of Transportation, Science, and Transportation. in the Office of the President of the Senate transmitting, pursuant to law, the report of EC–7580. A communication from the Senior on August 29, 2012; to the Committee on a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- Commerce, Science, and Transportation. tration, Department of Transportation, EC–7588. A communication from the Presi- Embraer S.A. Airplanes’’ ((RIN2120–AA64) (Docket No. FAA–2012–0423)) received during transmitting, pursuant to law, the report of dent of the United States, transmitting, pur- adjournment of the Senate in the Office of a rule entitled ‘‘Amendment of Air Traffic suant to law, a report relative to the protec- the President of the Senate on August 29, Service (ATS) Routes in the Vicinity of Vero tion of U.S. personnel abroad (DCN OSS2012– 2012; to the Committee on Commerce, Beach, FL’’ ((RIN2120–AA66) (Docket No. 1440) recieved during adjournment of the Science, and Transportation. FAA–2012–0621)) received in the Office of the Senate in the Office of the President of the EC–7597. A communication from the Senior President of the Senate on September 10, Senate on September 17, 2012; to the Com- Program Analyst, Federal Aviation Adminis- 2012; to the Committee on Commerce, mittee on Foreign Relations. tration, Department of Transportation, EC–7589. A communication from the Senior Science, and Transportation. transmitting, pursuant to law, the report of EC–7581. A communication from the Prin- Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; cipal Deputy Assistant Secretary for Fish tration, Department of Transportation, Airbus Airplanes’’ ((RIN2120–AA64) (Docket and Wildlife and Parks, National Park Serv- transmitting, pursuant to law, the report of No. FAA–2012–0291)) received during adjourn- ice, Department of the Interior, transmit- a rule entitled ‘‘Establishment of Class E ment of the Senate in the Office of the Presi- ting, pursuant to law, the report of a rule en- Airspace; Fort Morgan, CO’’ ((RIN2120–AA66) dent of the Senate on August 29, 2012; to the titled ‘‘Special Regulations; Areas of the Na- (Docket No. FAA–2012–0289)) received during Committee on Commerce, Science, and tional Park System, Mammoth Cave Na- adjournment of the Senate in the Office of Transportation. tional Park, Bicycle Routes’’ (RIN1024–AD80) the President of the Senate on August 29, EC–7598. A communication from the Senior received in the Office of the President of the 2012; to the Committee on Commerce, Program Analyst, Federal Aviation Adminis- Senate on September 11, 2011; to the Com- Science, and Transportation. tration, Department of Transportation, mittee on Commerce, Science, and Transpor- EC–7590. A communication from the Senior transmitting, pursuant to law, the report of tation. Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; EC–7582. A communication from the Attor- tration, Department of Transportation, The Boeing Company Airplanes’’ ((RIN2120– ney-Advisor, U.S. Coast Guard, Department transmitting, pursuant to law, the report of AA64) (Docket No. FAA–2012–0490)) received of Homeland Security, transmitting, pursu- a rule entitled ‘‘Establishment of Class E during adjournment of the Senate in the Of- ant to law, the report of a rule entitled Airspace; Arcadia, FL’’ ((RIN2120–AA66) fice of the President of the Senate on August ‘‘Safety Zone; Barbara Harder Wedding Fire- (Docket No. FAA–2012–0365)) received during 29, 2012; to the Committee on Commerce, works, Lake Erie, Lake View, NY’’ adjournment of the Senate in the Office of Science, and Transportation. ((RIN1625–AA00) (Docket No. USCG–2012– the President of the Senate on August 29, EC–7599. A communication from the Senior 0568)) received in the Office of the President 2012; to the Committee on Commerce, Program Analyst, Federal Aviation Adminis- of the Senate on September 11, 2012; to the Science, and Transportation. tration, Department of Transportation, Committee on Commerce, Science, and EC–7591. A communication from the Senior transmitting, pursuant to law, the report of Transportation. Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; EC–7583. A communication from the Senior tration, Department of Transportation, Airbus Airplanes’’ ((RIN2120–AA64) (Docket Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of No. FAA–2012–0802)) received during adjourn- tration, Department of Transportation, a rule entitled ‘‘Establishment of Class E ment of the Senate in the Office of the Presi- transmitting, pursuant to law, the report of Airspace; Roundtop, MT’’ ((RIN2120–AA66) dent of the Senate on August 29, 2012; to the a rule entitled ‘‘Modification of VOR Federal (Docket No. FAA–2012–0274)) received in the Committee on Commerce, Science, and Airways V–10, V–12, and V–508 in the Vicinity Office of the President of the Senate on Sep- Transportation. of Olathe, KS’’ ((RIN2120–AA66) (Docket No. tember 10, 2012; to the Committee on Com- EC–7600. A communication from the Senior FAA–2012–0055)) received during adjournment merce, Science, and Transportation. Program Analyst, Federal Aviation Adminis- of the Senate in the Office of the President EC–7592. A communication from the Senior tration, Department of Transportation, of the Senate on August 29, 2012; to the Com- Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; tation. transmitting, pursuant to law, the report of Rolls-Royce plc Turbofan Engines’’ EC–7584. A communication from the Senior a rule entitled ‘‘Modification of Class E Air- ((RIN2120–AA64) (Docket No. FAA–2010–0748)) Program Analyst, Federal Aviation Adminis- space; Plentywood, MT’’ ((RIN2120–AA66) received during adjournment of the Senate tration, Department of Transportation, (Docket No. FAA–2012–0310)) received during in the Office of the President of the Senate transmitting, pursuant to law, the report of adjournment of the Senate in the Office of on August 29, 2012; to the Committee on a rule entitled ‘‘Amendment of Jet Routes the President of the Senate on August 29, Commerce, Science, and Transportation.

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.019 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6450 CONGRESSIONAL RECORD — SENATE September 19, 2012 EC–7601. A communication from the Senior nology, and Logistics), transmitting, pursu- Traveler TSTF–522, Revision 0, ‘Revise Ven- Program Analyst, Federal Aviation Adminis- ant to law, a report entitled ‘‘Report to Con- tilation System Surveillance Requirements tration, Department of Transportation, gress on the Assessment of Industrial Base to Operate for 10 Hours per Month,’ Using transmitting, pursuant to law, the report of for Night Vision Image Intensification Sen- the Consolidated Line Item Improvement a rule entitled ‘‘Airworthiness Directives; sors’’; to the Committee on Armed Services. Process’’ (NUREG–1430, –1431, –1432, –1433, Univair Aircraft Corporation Airplanes’’ EC–7610. A communication from the Assist- –1434) received during adjournment of the ((RIN2120–AA64) (Docket No. FAA–2011–0360)) ant Secretary for Export Administration, Senate in the Office of the President of the received during adjournment of the Senate Bureau of Industry and Security, Depart- Senate on September 17, 2012; to the Com- in the Office of the President of the Senate ment of Commerce, transmitting, pursuant mittee on Environment and Public Works. on August 29, 2012; to the Committee on to law, the report of a rule entitled ‘‘Addi- EC–7619. A communication from the Direc- Commerce, Science, and Transportation. tion of Certain Persons to the Entity List; tor of the Regulatory Management Division, EC–7602. A communication from the Senior Removal of Person from the Entity List Environmental Protection Agency, transmit- Program Analyst, Federal Aviation Adminis- Based on Removal Request; and Implementa- ting, pursuant to law, the report of a rule en- tration, Department of Transportation, tion of Entity List Annual Review Changes’’ titled ‘‘National Priorities List, Final Rule transmitting, pursuant to law, the report of (RIN0694–AF74) received during adjournment No. 55’’ (FRL No. 9722–6) received in the Of- a rule entitled ‘‘Airworthiness Directives; of the Senate in the Office of the President fice of the President of the Senate on Sep- Pratt and Whitney Canada Turboprop En- of the Senate on September 17, 2012; to the tember 13, 2012; to the Committee on Envi- gines’’ ((RIN2120–AA64) (Docket No. FAA– Committee on Banking, Housing, and Urban ronment and Public Works. 2012–0416)) received during adjournment of Affairs. EC–7620. A communication from the Direc- the Senate in the Office of the President of EC–7611. A communication from the Asso- tor of the Regulatory Management Division, the Senate on August 29, 2012; to the Com- ciate General Counsel for Legislation and Environmental Protection Agency, transmit- mittee on Commerce, Science, and Transpor- Regulations, Office of Housing, Department ting, pursuant to law, the report of a rule en- tation. of Housing and Urban Development, trans- titled ‘‘Approval and Promulgation of State EC–7603. A communication from the Senior mitting, pursuant to law, the report of a rule Implementation Plan Revisions; Infrastruc- Program Analyst, Federal Aviation Adminis- entitled ‘‘Federal Housing Administration ture Requirements for the 1997 8-Hour Ozone tration, Department of Transportation, (FHA): Section 232 Healthcare Facility In- National Ambient Air Quality Standards; transmitting, pursuant to law, the report of surance Program-Strengthening Account- North Dakota’’ (FRL No. 9715–1) received in a rule entitled ‘‘Airworthiness Directives; ability and Regulatory Revisions Update’’ the Office of the President of the Senate on Rolls-Royce Corporation Turboshaft En- (RIN2502–AJ05) received during adjournment September 13, 2012; to the Committee on En- gines’’ ((RIN2120–AA64) (Docket No. FAA– of the Senate in the Office of the President vironment and Public Works. EC–7621. A communication from the Direc- 2011–0961)) received during adjournment of of the Senate on September 14, 2012; to the tor of the Regulatory Management Division, the Senate in the Office of the President of Committee on Banking, Housing, and Urban Environmental Protection Agency, transmit- the Senate on August 29, 2012; to the Com- Affairs. ting, pursuant to law, the report of a rule en- mittee on Commerce, Science, and Transpor- EC–7612. A communication from the Sec- titled ‘‘Approval and Promulgation of Imple- tation. retary of the Treasury, transmitting, pursu- mentation Plans; Florida; New Source Re- EC–7604. A communication from the Senior ant to law, a six-month periodic report on view—Prevention of Significant Deteriora- Program Analyst, Federal Aviation Adminis- the national emergency with respect to Iran tion; Fine Particulate Matter (PM2.5)’’ (FRL tration, Department of Transportation, as declared in Executive Order 12957; to the No. 9728–1) received in the Office of the Presi- transmitting, pursuant to law, the report of Committee on Banking, Housing, and Urban dent of the Senate on September 13, 2012; to a rule entitled ‘‘Airworthiness Directives; Affairs. the Committee on Environment and Public Eurocopter France Helicopters’’ ((RIN2120– EC–7613. A communication from the Presi- Works. dent of the United States, transmitting, pur- AA64) (Docket No. FAA–2012–0766)) received EC–7622. A communication from the Direc- during adjournment of the Senate in the Of- suant to law, a report entitled ‘‘OMB Report tor of the Regulatory Management Division, fice of the President of the Senate on August Pursuant to the Sequestration Transparency Environmental Protection Agency, transmit- 29, 2012; to the Committee on Commerce, Act of 2012 (P.L. 112–155)’’; to the Committee ting, pursuant to law, the report of a rule en- Science, and Transportation. on the Budget. titled ‘‘Approval and Promulgation of Air EC–7614. A communication from the Sec- EC–7605. A communication from the Direc- Quality Implementation Plans; Arkansas; In- retary of Energy, transmitting, pursuant to tor of the Regulatory Management Division, frastructure Requirements for the 1997 Ozone law, a report of the authorization of a non- Environmental Protection Agency, transmit- NAAQS and the 1997 and 2006 PM2.5 NAAQS ting, pursuant to law, the report of a rule en- competitive extension of five years to the and Interstate Transport Requirements for titled ‘‘Clopyralid; Pesticide Tolerances’’ Department of Energy’s (DOE) contract with the 1997 Ozone NAAQS and 2006 PM2.5 (FRL No. 9361–5) received in the Office of the Battelle Memorial Institute for the manage- NAAQS’’ (FRL No. 9713–8) received during President of the Senate on September 13, ment and operation of the Pacific Northwest adjournment of the Senate in the Office of 2012; to the Committee on Agriculture, Nu- National Laboratory; to the Committee on the President of the Senate on August 14, trition, and Forestry. Energy and Natural Resources. 2012; to the Committee on Environment and EC–7615. A communication from the Direc- EC–7606. A communication from the Direc- Public Works. tor of the Regulatory Management Division, tor, Office of Surface Mining, Department of EC–7623. A communication from the Direc- Environmental Protection Agency, transmit- the Interior, transmitting, pursuant to law, tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- the report of a rule entitled ‘‘Texas Regu- Environmental Protection Agency, transmit- titled ‘‘Bifenthrin; Pesticide Tolerances’’ latory Program’’ (Docket No. TX–064–FOR) ting, pursuant to law, the report of a rule en- (FRL No. 9361–6) received in the Office of the received in the Office of the President of the titled ‘‘Significant New Use Rules on Certain President of the Senate on September 13, Senate on September 13, 2012; to the Com- Chemical Substances’’ (FRL No. 9357–2) re- 2012; to the Committee on Agriculture, Nu- mittee on Energy and Natural Resources. ceived during adjournment of Senate in the trition, and Forestry. EC–7616. A communication from the Direc- Office of the President of the Senate on Sep- EC–7607. A communication from the Under tor, Office of Surface Mining, Department of tember 18, 2012; to the Committee on Envi- Secretary of Defense (Comptroller), trans- the Interior, transmitting, pursuant to law, ronment and Public Works. mitting, pursuant to law, a report relative to the report of a rule entitled ‘‘Montana Regu- EC–7624. A communication from the Direc- a violation of the Antideficiency Act that oc- latory Program’’ (Docket No. MT–034–FOR) tor of the Regulatory Management Division, curred at the Office of the Administrative received in the Office of the President of the Environmental Protection Agency, transmit- Assistant to the Secretary of the Army, Re- Senate on September 13, 2012; to the Com- ting, pursuant to law, the report of a rule en- sources and Programs Agency, Resource mittee on Energy and Natural Resources. titled ‘‘Approval and Promulgation of Imple- Services-Washington (RS–W), Operating EC–7617. A communication from the Direc- mentation Plans; Revisions to the Nevada Agency 22 (OA22) during fiscal years 2005, tor of Congressional Affairs, Nuclear Regu- State Implementation Plan; Stationary 2006, and 2007 and was assigned Army case latory Commission, transmitting, pursuant Source Permits’’ (FRL No. 9728–6) received number 11–01; to the Committee on Appro- to law, the report of a rule entitled ‘‘Initial during adjournment of Senate in the Office priations. Test Program of Condensate and Feedwater of the President of the Senate on September EC–7608. A communication from the Under Systems for Light-Water Reactors’’ (Regu- 18, 2012; to the Committee on Environment Secretary of Defense (Comptroller), trans- latory Guide 1.68.1) received during adjourn- and Public Works. mitting, pursuant to law, a report relative to ment of the Senate in the Office of the Presi- EC–7625. A communication from the Direc- a violation of the Antideficiency Act that oc- dent of the Senate on September 17, 2012; to tor of the Regulatory Management Division, curred in the Operation and Maintenance, the Committee on Environment and Public Environmental Protection Agency, transmit- Army (OMA) appropriation, account 2172020, Works. ting, pursuant to law, the report of a rule en- at the U.S. Army Installation Management EC–7618. A communication from the Direc- titled ‘‘Approval and Promulgation of Imple- Command (IMCOM) during fiscal year 2010 tor of Congressional Affairs, Nuclear Regu- mentation Plans; Mississippi: New Source and was assigned Army case number 11–05; to latory Commission, transmitting, pursuant Review—Prevention of Significant Deterio- the Committee on Appropriations. to law, the report of a rule entitled ‘‘Model ration; Fine Particulate Matter (PM2.5)’’ EC–7609. A communication from the Under Safety Evaluation for Plant-Specific Adop- (FRL No. 9728–2) received during adjourn- Secretary of Defense (Acquisition, Tech- tion of Technical Specifications Task Force ment of Senate in the Office of the President

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.021 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6451 of the Senate on September 18, 2012; to the By Mrs. BOXER, from the Committee on EXECUTIVE REPORTS OF Committee on Environment and Public Environment and Public Works, without COMMITTEES Works. amendment: EC–7626. A communication from the Direc- S. 2282. A bill to extend the authorization The following executive reports of tor of the Regulatory Management Division, of appropriations to carry out approved wet- nominations were submitted: Environmental Protection Agency, transmit- lands conservation projects under the North By Mr. LEVIN for the Committee on ting, pursuant to law, the report of a rule en- American Wetlands Conservation Act Armed Services. titled ‘‘Approval and Promulgation of Imple- through fiscal year 2017 (Rept. No. 112–09217). Air Force nomination of Maj. Gen. Chris- mentation Plans; Arizona; Nogales PM10 By Mr. AKAKA, from the Committee on topher C. Bogdan, to be Lieutenant General. Nonattainment Area Plan’’ (FRL No. 9730–8) Indian Affairs, without amendment: Air Force nomination of Col. Jon A. received during adjournment of Senate in S. 134. A bill to authorize the Mescalero Weeks, to be Brigadier General. the Office of the President of the Senate on Apache Tribe to lease adjudicated water Air Force nomination of Brig. Gen. Andrew September 18, 2012; to the Committee on En- rights (Rept. No. 112–09218). M. Mueller, to be Major General. vironment and Public Works. By Mr. LIEBERMAN, from the Committee Air Force nomination of Brig. Gen. Donald EC–7627. A communication from the Direc- on Homeland Security and Governmental Af- P. Dunbar, to be Major General. tor of the Regulatory Management Division, fairs, with an amendment: Air Force nomination of Col. Gerard F. Environmental Protection Agency, transmit- S. 3315. A bill to repeal or modify certain Bolduc, Jr., to be Brigadier General. Air Force nomination of Col. Matthew P. ting, pursuant to law, the report of a rule en- mandates of the Government Accountability titled ‘‘Approval and Promulgation of Air Jamison, to be Brigadier General. Office (Rept. No. 112–09213). Army nomination of Colonel David O. Quality Implementation Plans; State of Mis- By Mr. KERRY, from the Committee on souri’’ (FRL No. 9731–3) received during ad- Smith, to be Brigadier General. Foreign Relations, without amendment: Army nomination of Michaelene A. journment of Senate in the Office of the S. 3341. A bill to require a quadrennial di- President of the Senate on September 18, Kloster, to be Brigadier General. plomacy and development review, and for Army nomination of Col. Garrett S. Yee, 2012; to the Committee on Environment and other purposes (Rept. No. 112–09220). to be Brigadier General. Public Works. By Mr. KERRY, from the Committee on Army nomination of Brig. Gen. Deborah A. EC–7628. A communication from the Direc- Foreign Relations, with an amendment in Ashenhurst, to be Major General. tor of the Regulatory Management Division, the nature of a substitute and with an Army nominations beginning with Brig. Environmental Protection Agency, transmit- amended preamble: Gen. Judd H. Lyons and ending with Brig. ting, pursuant to law, the report of a rule en- S. Res. 466. A resolution calling for the re- Gen. Lee E. Tafanelli, which nominations titled ‘‘Approval and Promulgation of Imple- lease from prison of former Prime Minister were received by the Senate and appeared in mentation Plans; New Mexico; Albuquerque/ of Ukraine Yulia Tymoshenko. the Congressional Record on August 2, 2012. Bernalillo County: Infrastructure and Inter- By Mr. KERRY, from the Committee on Army nominations beginning with Brig. state Transport Requirements for the 1997 Foreign Relations, without amendment and Gen. Kendall W. Penn and ending with Col. and 2008 Ozone and the 1997 and 2006 PM2.5 with a preamble: Keith A. Klemmer, which nominations were NAAQS’’ (FRL No. 9728–7) received during S. Res. 516. A resolution expressing the received by the Senate and appeared in the adjournment of Senate in the Office of the sense of the Senate on the restitution of or Congressional Record on August 2, 2012. President of the Senate on September 18, compensation for property seized during the Army nomination of Brig. Gen. Michael R. 2012; to the Committee on Environment and Nazi and Communist eras. Smith, to be Major General. Public Works. By Mr. KERRY, from the Committee on Army nomination of Brig. Gen. David J. EC–7629. A communication from the Direc- Foreign Relations, with an amendment in Conboy, to be Major General. tor of the Regulatory Management Division, the nature of a substitute and with an Army nomination of Maj. Gen. Frederick Environmental Protection Agency, transmit- amended preamble: B. Hodges, to be Lieutenant General. ting, pursuant to law, the report of a rule en- S. Res. 543. A resolution to express the Army nomination of Maj. Gen. Mark S. titled ‘‘Protection of Stratospheric Ozone; sense of the Senate on international parental Bowman, to be Lieutenant General. Listing of Substitutes for Ozone-Depleting child abduction. Army nomination of Col. Ural D. Glanville, Substances—Fire Suppression and Explosion By Mr. LEAHY, from the Committee on to be Brigadier General. Protection’’ (FRL No. 9729–5) received during the Judiciary, with an amendment in the na- Navy nomination of Rear Adm. (lh) James adjournment of Senate in the Office of the ture of a substitute: D. Syring, to be Vice Admiral. Mr. LEVIN. Mr. President, for the Com- President of the Senate on September 18, S. 645. A bill to amend the National Child mittee on Armed Services I report favorably 2012; to the Committee on Environment and Protection Act of 1993 to establish a perma- the following nomination lists which were Public Works. nent background check system. printed in the Records on the dates indi- f By Mr. HARKIN, from the Committee on Health, Education, Labor, and Pensions, cated, and ask unanimous consent, to save REPORTS OF COMMITTEES with an amendment in the nature of a sub- the expense of reprinting on the Executive stitute: Calendar that these nominations lie at the The following reports of committees Secretary’s desk for the information of Sen- were submitted: S. 1440. A bill to reduce preterm labor and delivery and the risk of pregnancy-related ators. By Mrs. BOXER, from the Committee on The PRESIDING OFFICER. Without objec- deaths and complications due to pregnancy, Environment and Public Works, without tion, it is so ordered. amendment: and to reduce infant mortality caused by Air Force nominations beginning with S. 2071. A bill to grant the Secretary of the prematurity. Adam D. Aasen and ending with Mark C. Interior permanent authority to authorize By Mr. HARKIN, from the Committee on Zwyghuizen, which nominations were re- States to issue electronic duck stamps, and Health, Education, Labor, and Pensions, ceived by the Senate and appeared in the for other purposes (Rept. No. 112–09212). without amendment: Congressional Record on April 23, 2012. S. 76. A bill to direct the Administrator of S. 3391. A bill to amend section 353 of the Air Force nominations beginning with the Environmental Protection Agency to in- Public Health Service Act with respect to Lance A. Aiumopas and ending with Robert vestigate and address cancer and disease suspension, revocation, and limitation of S. Zauner, which nominations were received clusters, including in infants and children laboratory certification. by the Senate and appeared in the Congres- (Rept. No. 112–09213). S. 3566. An original bill to provide for sci- sional Record on June 25, 2012. By Mrs. BOXER, from the Committee on entific frameworks with respect to recal- Air Force nominations beginning with Environment and Public Works, with amend- citrant cancers. James H. Abbott and ending with Mario F. ments: By Mr. BAUCUS, from the Committee on Zuniga, which nominations were received by S. 357. A bill to authorize the Secretary of Finance, without amendment: the Senate and appeared in the Congres- the Interior to identify and declare wildlife S. 3568. An original bill to create a Citrus sional Record on June 25, 2012. disease emergencies and to coordinate rapid Disease Research and Development Trust Air Force nomination of Michael F. response to those emergencies, and for other Fund to support research on diseases impact- Wendelken, to be Major. purposes (Rept. No. 112–09214). ing the citrus industry, to renew and modify Air Force nominations beginning with Mi- S. 1494. A bill to reauthorize and amend the the temporary duty suspensions on certain chael M. Howard and ending with Patrick E. National Fish and Wildlife Foundation Es- cotton shirting fabrics, and to modify and Knoester, which nominations were received tablishment Act (Rept. No. 112–09215). extend the Wool Apparel Manufacturers by the Senate and appeared in the Congres- S. 2156. A bill to amend the Migratory Bird Trust Fund, and for other purposes. sional Record on August 2, 2012. Hunting and Conservation Stamp Act to per- By Mr. KERRY, from the Committee on Air Force nominations beginning with mit the Secretary of the Interior, in con- Foreign Relations, without amendment and Karyn J. Ayers and ending with John M. sultation with the Migratory Bird Conserva- with a preamble: Tudela, which nominations were received by tion Commission, to set prices for Federal S. Con. Res. 50. A concurrent resolution ex- the Senate and appeared in the Congres- Migratory Bird Hunting and Conservation pressing the sense of Congress regarding ac- sional Record on August 2, 2012. Stamps and make limited waivers of stamp tions to preserve and advance the multi- Air Force nominations beginning with requirements for certain users (Rept. No. stakeholder governance model under which Kimberly A. Dale and ending with Chris- 112–09216). the Internet has thrived. topher B. Vogler, which nominations were

VerDate Mar 15 2010 06:58 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.023 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6452 CONGRESSIONAL RECORD — SENATE September 19, 2012 received by the Senate and appeared in the the Senate and appeared in the Congres- which nominations were received by the Sen- Congressional Record on August 2, 2012. sional Record on September 10, 2012. ate and appeared in the Congressional Air Force nomination of Stephen P. Rob- Army nominations beginning with Patrick Record on September 10, 2012. erts, to be Colonel. M. Arida and ending with Ali S. Zaza, which Navy nominations beginning with Vincent Air Force nominations beginning with Jef- nominations were received by the Senate and M. J. Ambrosino and ending with Mark frey R. Althoff and ending with Gregory T. appeared in the Congressional Record on Verhovshek, which nominations were re- Mccain, which nominations were received by September 10, 2012. ceived by the Senate and appeared in the the Senate and appeared in the Congres- Navy nomination of Alan T. Wakefield, to Congressional Record on September 10, 2012. sional Record on September 10, 2012. be Lieutenant Commander. Navy nominations beginning with Kory A. Army nomination of Gregory S. Ulma, to Navy nomination of Tassos J. Sfondouris, Anglesey and ending with Adam G. Zajac, be Major. to be Lieutenant Commander. which nominations were received by the Sen- Army nomination of Patrick P. Metke, to Navy nominations beginning with Glen ate and appeared in the Congressional be Major. Cabarcas and ending with Ricardo A. Ferra, Record on September 10, 2012. Army nomination of Drew D. Dukett, to be which nominations were received by the Sen- Navy nominations beginning with Evan D. Colonel. ate and appeared in the Congressional Adams and ending with Harold B. Woodruff, Army nomination of David A. Cortese, to Record on August 2, 2012. which nominations were received by the Sen- be Lieutenant Colonel. Navy nominations beginning with Chuck J. ate and appeared in the Congressional Army nomination of Jeffrey T. Whorton, Browder and ending with Christopher K. Record on September 10, 2012. to be Major. Tuggle, which nominations were received by Navy nominations beginning with Walter Army nomination of Charles J. Romero, to the Senate and appeared in the Congres- B. Blackwell and ending with James P. be Major. sional Record on August 2, 2012. Zakar, which nominations were received by Army nominations beginning with Navy nominations beginning with Daniel the Senate and appeared in the Congres- Tanasha N. Bennett and ending with Reies Aranda and ending with Chad J. Stuewe, sional Record on September 10, 2012. M. Flores, which nominations were received which nominations were received by the Sen- Navy nominations beginning with Eliza- by the Senate and appeared in the Congres- ate and appeared in the Congressional beth A. Aban and ending with Elizabeth M. sional Record on August 2, 2012. Record on August 2, 2012. Zuloaga, which nominations were received Army nominations beginning with Brad D. Navy nominations beginning with Matthew by the Senate and appeared in the Congres- Bekkedahl and ending with William L. Zana, R. Allen and ending with Brian T. sional Record on September 10, 2012. which nominations were received by the Sen- Wierzbicki, which nominations were received Navy nominations beginning with Thomas ate and appeared in the Congressional by the Senate and appeared in the Congres- M. Brown and ending with Ralph G. S. Record on August 2, 2012. sional Record on August 2, 2012. Young, which nominations were received by Army nomination of George C. Sturges, to Navy nominations beginning with William the Senate and appeared in the Congres- be Major. E. Blanks and ending with Jeremy J. Wag- sional Record on September 10, 2012. Army nominations beginning with David ner, which nominations were received by the By Mr. KERRY for the Committee on For- W. Acker and ending with D003093, which Senate and appeared in the Congressional eign Relations. nominations were received by the Senate and Record on August 2, 2012. * Sharon English Woods Villarosa, of appeared in the Congressional Record on Navy nominations beginning with Bradley Texas, a Career Member of the Senior For- September 10, 2012. (minus 1 nominee: Burton H. Abramowitz and ending with Eric A. eign Service, Class of Minister-Counselor, to C. Glover) Weiss, which nominations were received by be Ambassador Extraordinary and Pleni- Army nomination of Joseph R. Newcomb, the Senate and appeared in the Congres- potentiary of the United States of America to be Major. sional Record on August 2, 2012. to the Republic of Mauritius, and to serve Army nomination of Morohunranti O. Navy nominations beginning with Charity concurrently and without additional com- Oguntoye, to be Major. A. Breidenbach and ending with Phillip A. pensation as Ambassador Extraordinary and Army nomination of August Seeber, to be Zamarripa, which nominations were received Plenipotentiary of the United States of Major. by the Senate and appeared in the Congres- America to the Republic of Seychelles. Army nominations beginning with Eric J. sional Record on August 2, 2012. Nominee: Sharon English Woods Villarosa. Albertson and ending with D011234, which Navy nominations beginning with Henry L. Post: U.S. Ambassador to Mauritius. nominations were received by the Senate and Bush and ending with Stanley C. Ware, (The following is a list of all members of appeared in the Congressional Record on which nominations were received by the Sen- my immediate family and their spouses. I September 10, 2012. ate and appeared in the Congressional have asked each of these persons to inform Army nominations beginning with Stuart Record on August 2, 2012. me of the pertinent contributions made by N. Burruss and ending with Robert J. Navy nominations beginning with Kyle R. them. To the best of my knowledge, the in- Quinker III, which nominations were re- Alcock and ending with Sheree T. Williams, formation contained in this report is com- ceived by the Senate and appeared in the which nominations were received by the Sen- plete and accurate.) Congressional Record on September 10, 2012. ate and appeared in the Congressional Contributions, amount, date, and donee: Army nominations beginning with Andre Record on August 2, 2012. 1. Self: none. B. Abadie and ending with G001060, which Navy nominations beginning with Jere- 2. Spouse: N/A. nominations were received by the Senate and miah P. Anderson and ending with Aaron L. 3. Children and Spouses: N/A. appeared in the Congressional Record on Woolsey, which nominations were received 4. Parents: Jack Chase Woods: none; Eliza- September 10, 2012. by the Senate and appeared in the Congres- beth McKinney Woods: none. Army nominations beginning with John J. sional Record on August 2, 2012. 5. Grandparents: All deceased. Acevedo and ending with D010397, which Navy nominations beginning with Mark J. 6. Brothers and Spouses: John Carlton nominations were received by the Senate and Aid, Jr. and ending with Brian L. Zimmer- Woods: none; James Carter Woods: $8.00, 2008, appeared in the Congressional Record on man, which nominations were received by Campaign for Change. September 10, 2012. the Senate and appeared in the Congres- 7. Sisters and Spouses: N/A. Army nominations beginning with Jeffrey sional Record on August 2, 2012. S. Bell and ending with Mark R. Thornton, Navy nominations beginning with Bryce D. * Dawn M. Liberi, of Florida, a Career which nominations were received by the Sen- Abbott and ending with Maxwell V. Member of the Senior Foreign Service, Class ate and appeared in the Congressional Zujewski, which nominations were received of Career Minister, to be Ambassador Ex- Record on September 10, 2012. by the Senate and appeared in the Congres- traordinary and Plenipotentiary of the Army nominations beginning with Steven sional Record on August 2, 2012. United States of America to the Republic of E. Battle and ending with Luzmira A. Navy nominations beginning with Burundi. Torres, which nominations were received by Demetria L. Aaron and ending with Amy J. Nominee: Dawn M. Liberi. the Senate and appeared in the Congres- Zwettler, which nominations were received Post: U.S. Ambassador to Burundi. sional Record on September 10, 2012. by the Senate and appeared in the Congres- (The following is a list of all members of Army nominations beginning with An- sional Record on September 10, 2012. my immediate family and their spouses. I thony H. Adrian and ending with John F. Navy nominations beginning with Timothy have asked each of these persons to inform Woyte, which nominations were received by M. French and ending with Bryan E. me of the pertinent contributions made by the Senate and appeared in the Congres- Wooldridge, which nominations were re- them. To the best of my knowledge, the in- sional Record on September 10, 2012. ceived by the Senate and appeared in the formation contained in this report is com- Army nominations beginning with Fredric Congressional Record on September 10, 2012. plete and accurate.) N. Amidon and ending with Anne E. Young, Navy nominations beginning with Cedric J. Contributions, amount, date, and donee. which nominations were received by the Sen- Abron and ending with Chadwick Y. Yasuda, 1. Self: 0. ate and appeared in the Congressional which nominations were received by the Sen- 2. Spouse: N/A. Record on September 10, 2012. ate and appeared in the Congressional 3. Children and Spouses: N/A. Army nominations beginning with Eliza- Record on September 10, 2012. 4. Parents: Theresa Liberi: 0. beth A. Baker and ending with Ian J. Navy nominations beginning with Amy H. 5. Grandparents: N/A. Tolman, which nominations were received by Adair and ending with Donavon A. Yapshing, 6. Brothers and Spouses: N/A.

VerDate Mar 15 2010 06:58 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.010 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6453 7. Sisters and Spouses: Jami and James Contributions, amount, date, donee: * Patrick J. Leahy, of Vermont, to be a Collins: 0; April Liberi: 0. 1. Self: 0.00. Representative of the United States of Amer- 2. Spouse: 0.00. ica to the Sixty-seventh Session of the Gen- * Stephen D. Mull, of Virginia, a Career 3. Children and Spouse: Ana Olson (daugh- eral Assembly of the United Nations. Member of the Senior Foreign Service, Class ter): $10.00, 2004, John Kerry; Isabella Olson Mr. KERRY. Mr. President, for the of Career Minister, to be Ambassador Ex- (daughter): 0.00. 4. Parents: Richard Olson, deceased; Bar- Committee on Foreign Relations I re- traordinary and Plenipotentiary of the port favorably the following nomina- United States of America to the Republic of bara Olson, deceased. Poland. 5. Grandparents: Gustave Olson, deceased; tion lists which were printed in the Nominee: Stephen D. Mull. Ida Olson, deceased; Ralph Hawkins, de- RECORDs on the dates indicated, and Post: Warsaw, Poland. ceased; Mabel Hawkins, deceased. ask unanimous consent, to save the ex- (The following is a list of all members of 6. Brothers and Spouses: Philip Olson & pense of reprinting on the Executive my immediate family and their spouses. I Elisa Frost: $50.00, 2008, Barack Obama. Calendar that these nominations lie at 7. Sisters and Spouses (n/a). have asked each of these persons to inform the Secretary’s desk for the informa- me of the pertinent contributions made by * Joseph E. Macmanus, of New York, a Ca- tion of Senators. them. To the best of my knowledge, the in- The PRESIDING OFFICER. Without formation contained in this report is com- reer Member of the Senior Foreign Service, plete and accurate.) Class of Minister-Counselor, to be Represent- objection, it is so ordered. Contributions, amount, date, and donee: ative of the United States of America to the Department of State nominations begin- 1. Self: None. Vienna Office of the United Nations, with ning with William R. Brownfield and ending 2. Spouse: None. the rank of Ambassador. with Thomas Alfred Shannon, Jr., which 3. Children and Spouses: Ryan Mull: None. Nominee: Joseph Estey Macmanus. nominations were received by the Senate and 4. Parents: Faith Spracklin: None; Frank- Post: Chief of Mission UNVIE, Chief of Mis- appeared in the Congressional Record on lin Spracklin (deceased): None; Donald Mull: sion IAEA. June 27, 2012. None; Susan Mull: None. (The following is a list of all members of Foreign Service nominations beginning 5. Grandparents: Marian Meredith (de- my immediate family and their spouses. I with Joelle-Elizabeth Beatrice Bastien and ceased): None; Richard Meredith (deceased): have asked each of these persons to inform ending with Kenneth R. Propp, which nomi- None; Sarah Mull (deceased): None; George me of the pertinent contributions made by nations were received by the Senate and ap- Mull (deceased): None. them. To the best of my knowledge, the in- peared in the Congressional Record on July 6. Brothers and Spouses: Jeffery Mull: formation contained in this report is com- 12, 2012. None; Elaine Mull: None. plete and accurate.) Mr. HARKIN. Mr. President, for the 7. Sisters and Spouses: Kathy Christel: Contributions, amount, date, donee: Committee on Health, Education, None; Neil Christel: None; Sherri Heckman: 1. Joseph Estey Macmanus: None. None; Timothy Heckman (deceased): None. 2. Carol Krumbach Macmanus, spouse: Labor, and Pensions I report favorably None. the following nomination lists which * Walter North, of Washington, a Career 3. Christopher Joseph Macmanus, son: were printed in the RECORDs on the Member of the Senior Foreign Service, Class None. dates indicated, and ask unanimous of Career Minister, to be Ambassador Ex- 4. Deceased Parents: Joseph E. Macmanus consent, to save the expense of reprint- traordinary and Plenipotentiary of the and Miriam Butterbaugh Macmanus. ing on the Executive Calendar that United States of America to Papua New 5. Deceased Grandparents: Estey these nominations lie at the Sec- Butterbaugh, Minnie Rupert Butterbaugh, Guinea, and to serve concurrently and with- retary’s desk for the information of out additional compensation as Ambassador Jose Macmanus, Elsa Sibel Macmanus. Extraordinary and Plenipotentiary of the 6. Brothers and Spouses: Thomas H. Senators. United States of America to the Solomon Is- Macmanus, Stephen Macmanus, Christopher The PRESIDING OFFICER. Without lands and Ambassador Extraordinary and J. Macmanus: to the best of my knowledge: objection, it is so ordered. Plenipotentiary of the United States of None. Public Health Service nominations begin- America to the Republic of Vanuatu. 7. Sisters and Spouses: Patricia Macmanus ning with Melinda Astran and ending with Nominee: Walter Elliott North. Grose, Mary Macmanus Ramsbottom: to the Chelsea True, which nominations were re- Post: U.S. Ambassador to Papua New Guin- best of my knowledge: None. ceived by the Senate and appeared in the ea, the Solomon Islands, and the Republic of Congressional Record on June 25, 2012. Vanuatu. * Joseph E. Macmanus, of New York, a Ca- Public Health Service nominations begin- (The following is a list of all members of reer Member of the Senior Foreign Service, ning with Donald S. Ahrens and ending with my immediate family and their spouses. I Class of Minister-Counselor, to be Represent- Diamond E. Zuchlinski, which nominations have asked each of these persons to inform ative of the United States of America to the were received by the Senate and appeared in me of the pertinent contributions made by International Atomic Energy Agency, with the Congressional Record on July 25, 2012. them. To the best of my knowledge, the in- the rank of Ambassador. *Nomination was reported with rec- formation contained in this report is com- Nominee: Joseph Estey Macmanus. ommendation that it be confirmed subject to plete and accurate.) Post: Chief of Mission UNVIE, Chief of Mis- the nominee’s commitment to respond to re- Contributions, amount, date, donee: sion IAEA. quests to appear and testify before any duly 1. Self: $100 (est.), 2008, Democrats Abroad; (The following is a list of all members of constituted committee of the Senate. $200 (est), 2008 (est), Richard Kelley, State my immediate family and their spouses. I (Nominations without an asterisk were re- Legislative Campaign, Seattle, Washington. have asked each of these persons to inform ported with the recommendation that they 2. Spouse: Judith Ryon: None. me of the pertinent contributions made by be confirmed.) 3. Children and Spouses: Michael Ryon: them. To the best of my knowledge, the in- f None; Christine Ryon: None. formation contained in this report is com- 4. Parents: Melora North: None; Walter plete and accurate.) INTRODUCTION OF BILLS AND North (deceased). Contributions, amount, date, donee: JOINT RESOLUTIONS 5. Grandparents: Walter North (deceased). 1. Joseph Estey Macmanus: None. The following bills and joint resolu- Cora North (Deceased). Melora Herold (de- 2. Carol Krumbach Macmanus, spouse: tions were introduced, read the first ceased). Paul Herold (deceased). None. 6. Brothers and Spouses: None. 3. Christopher Joseph Macmanus, son: and second times by unanimous con- 7. Sisters and Spouses: Melora North: None. sent, and referred as indicated: None. 4. Deceased Parents: Joseph E. Macmanus By Mr. SCHUMER (for himself, Mr. and Miriam Butterbaugh Macmanus. COONS, and Mr. WHITEHOUSE): * Richard G. Olson, of New Mexico, a Ca- 5. Deceased Grandparents: Estey S. 3553. A bill to amend the Immigration reer Member of the Senior Foreign Service, Butterbaugh, Minnie Rupert Butterbaugh, and Nationality Act to enhance national se- Class of Minister-Counselor, to be Ambas- Jose Macmanus, Elsa Sibel Macmanus. curity, combat illegal immigration, and pro- sador Extraordinary and Plenipotentiary of 6. Brothers and Spouses: Thomas H. mote job creation, innovation, investment, the United States of America to the Islamic Macmanus, Stephen Macmanus, Christopher and research in the United States, and for Republic of Pakistan. J. Macmanus: to the best of my knowledge: other purposes; to the Committee on the Ju- Nominee: Richard G. Olson. None. diciary. Post: Islamabad. 7. Sisters and Spouses: Patricia Macmanus By Mr. TOOMEY: (The following is a list of all members of Grose, Mary Macmanus Ramsbottom: to the S. 3554. A bill to require an independent my immediate family and their spouses. I best of my knowledge: None. study and report on simulated tactical flight have asked each of these persons to inform training in a sustained gravity environment; me of the pertinent contributions made by * John Hardy Isakson, of Georgia, to be a to the Committee on Armed Services. them. To the best of my knowledge, the in- Representative of the United States of Amer- By Mr. BURR: formation contained in this report is com- ica to the Sixty-seventh Session of the Gen- S. 3555. A bill to amend title 38, United plete and accurate.) eral Assembly of the United Nations. States Code, to require Federal agencies to

VerDate Mar 15 2010 06:58 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.037 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6454 CONGRESSIONAL RECORD — SENATE September 19, 2012 hire veterans, to require States to recognize security by ensuring reasonable workplace By Mr. BENNET: the military experience of veterans when accommodations for workers whose ability S. 3575. A bill to amend the Older Ameri- issuing licenses and credentials to veterans, to perform the functions of a job are limited cans Act of 1965 to provide equal treatment and for other purposes; to the Committee on by pregnancy, childbirth, or a related med- of LGBT older individuals; to the Committee Veterans’ Affairs. ical condition; to the Committee on Health, on Health, Education, Labor, and Pensions. By Mr. WHITEHOUSE (for himself and Education, Labor, and Pensions. By Mr. PAUL: Mr. BLUMENTHAL): By Mr. HARKIN: S. 3576. A bill to provide limitations on S. 3556. A bill to provide penalties for email S. 3566. An original bill to provide for sci- United States assistance, and for other pur- marketing fraud; to the Committee on the entific frameworks with respect to recal- poses; read the first time. Judiciary. citrant cancers; from the Committee on By Mr. LEAHY (for himself and Mr. By Mr. FRANKEN (for himself, Mr. Health, Education, Labor, and Pensions; INHOFE): HARKIN, Mr. SANDERS, Mr. DURBIN, placed on the calendar. S. 3577. A bill to eliminate conditions in Mr. BEGICH, Mr. LEAHY, Mr. By Ms. COLLINS (for herself, Ms. MI- foreign prisons and other detention facilities BLUMENTHAL, and Mr. WHITEHOUSE): KULSKI, Mrs. HUTCHISON, Mr. LIEBER- that do not meet primary indicators of S. 3557. A bill to amend the Higher Edu- MAN, Mrs. MURRAY, Mr. AKAKA, Mr. health, sanitation, and safety, and for other cation Act of 1965 to prohibit institutions of MERKLEY, Ms. KLOBUCHAR, Ms. STA- purposes; to the Committee on Foreign Rela- higher education that participate in pro- BENOW, Ms. MURKOWSKI, Ms. LAN- tions. grams under title IV of such Act from in- DRIEU, Mrs. SHAHEEN, and Mrs. f cluding predispute arbitration agreements in BOXER): enrollment contracts; to the Committee on S. 3567. A bill to establish the Commission SUBMISSION OF CONCURRENT AND Health, Education, Labor, and Pensions. to Study the Potential Creation of a Na- SENATE RESOLUTIONS By Mr. MANCHIN (for himself and Mr. tional Women’s History Museum, and for other purposes; to the Committee on Energy The following concurrent resolutions TOOMEY): and Senate resolutions were read, and S. 3558. A bill to amend the Federal Water and Natural Resources. Pollution Control Act to preserve the au- By Mr. BAUCUS: referred (or acted upon), as indicated: thority of each State to make determina- S. 3568. An original bill to create a Citrus By Mr. BEGICH (for himself and Ms. tions relating to the State’s water quality Disease Research and Development Trust SNOWE): standards, and for other purposes; to the Fund to support research on diseases impact- S. Res. 559. A resolution honoring Rear Ad- Committee on Environment and Public ing the citrus industry, to renew and modify miral Jonathan W. Bailey for his lifetime of the temporary duty suspensions on certain Works. selfless commitment and exemplary service cotton shirting fabrics, and to modify and By Mr. PRYOR (for himself, Mr. to the United States; to the Committee on extend the Wool Apparel Manufacturers TESTER, Mr. CONRAD, Ms. LANDRIEU, Commerce, Science, and Transportation. Trust Fund, and for other purposes; from the and Mr. INHOFE): By Mr. CARDIN (for himself and Ms. Committee on Finance; placed on the cal- S. 3559. A bill to direct the Administrator MIKULSKI): of the Environmental Protection Agency to endar. S. Res. 560. A resolution commemorating change the Spill Prevention, Control, and By Ms. KLOBUCHAR (for herself and the 150th anniversary of the Maryland Cam- Countermeasure rule with respect to certain Mr. HOEVEN): paign during the Civil War; to the Com- S. 3569. A bill to improve the enforcement farms; to the Committee on Environment mittee on Energy and Natural Resources. of criminal and civil law with respect to and Public Works. By Mr. AKAKA (for himself, Mr. BAR- cloud computing, and for other purposes; to RASSO, Mr. INOUYE, Mr. CRAPO, Mr. By Mr. WHITEHOUSE (for himself, Mr. the Committee on Commerce, Science, and JOHNSON of South Dakota, Ms. MUR- LUGAR, Ms. MIKULSKI, Mr. GRASSLEY, Transportation. KOWSKI, Ms. CANTWELL, Mr. TESTER, Mr. AKAKA, Ms. COLLINS, Mr. REED, By Mr. RUBIO: Mr. FRANKEN, Mr. UDALL of New Mex- Mr. PRYOR, Ms. STABENOW, Mr. S. 3570. A bill to provide for the establish- ico, and Mr. JOHANNS): BROWN of Massachusetts, Mr. LAU- ment of nationally uniform and environ- S. Res. 561. A resolution recognizing Na- TENBERG, Mr. BLUNT, Mr. BROWN of mentally sound standards governing dis- tional Native American Heritage Month and Ohio, Mr. RUBIO, Mr. BLUMENTHAL, charges incidental to the normal operation celebrating the heritages and cultures of Na- Mr. WICKER, Mr. TESTER, and Mr. of a vessel in the navigable waters of the tive Americans and the contributions of Na- WARNER): United States; to the Committee on Com- tive Americans to the United States; to the S. 3560. A bill to provide for scientific merce, Science, and Transportation. Committee on Indian Affairs. frameworks with respect to recalcitrant can- By Mr. CRAPO (for himself, Mr. By Ms. STABENOW (for herself and cers; to the Committee on Health, Edu- SHELBY, Mr. CORKER, and Mr. Ms. SNOWE): cation, Labor, and Pensions. TOOMEY): By Mrs. HAGAN: S. 3571. A bill to require the Bureau of Con- S. Res. 562. A resolution designating the S. 3561. A bill to correct the boundaries of sumer Financial Protection to conduct a week beginning on September 10, 2012 and the John H. Chafee Coastal Barrier Re- small business review panel on the qualified ending on September 14, 2012 as ‘‘National sources System Unit L06, Topsail, North mortgage rule before the Bureau can go for- Health Information Technology Week’’ to Carolina; to the Committee on Environment ward with a final rule; to the Committee on recognize the value of health information and Public Works. Banking, Housing, and Urban Affairs. technology in improving health quality; con- By Mr. SANDERS (for himself, Mr. By Ms. SNOWE: sidered and agreed to. BLUMENTHAL, Mr. KERRY, Ms. MIKUL- S. 3572. A bill to amend the Internal Rev- By Mr. ISAKSON (for himself and Mr. SKI, Mr. BEGICH, Mr. AKAKA, Mr. DUR- enue Code of 1986, title 5, United States Code, KERRY): BIN, Mrs. GILLIBRAND, Ms. KLO- the Small Business Act, and the Small Busi- S. Res. 563. A resolution designating De- BUCHAR, Mr. LEAHY, Mr. WYDEN, Mr. ness Investment Act of 1958 to provide cer- cember 3, 2012, as ‘‘National Phenyl- FRANKEN, Mrs. BOXER, Mr. JOHNSON tainty for small business concerns, and for ketonuria Awareness Day’’; considered and of South Dakota, Mr. MERKLEY, and other purposes; to the Committee on Fi- agreed to. Mr. MENENDEZ): nance. By Mrs. FEINSTEIN (for herself, Mr. S. 3562. A bill to reauthorize and improve By Mr. HOEVEN (for himself and Ms. GRASSLEY, Mr. SCHUMER, Mr. UDALL the Older Americans Act of 1965, and for MURKOWSKI): of New Mexico, Mr. BLUMENTHAL, Mr. other purposes; to the Committee on Health, S. 3573. A bill to recognize the primacy of PORTMAN, Mr. COONS, Mr. ROCKE- Education, Labor, and Pensions. States, provide for the consideration of the FELLER, Mr. CORNYN, Mr. MANCHIN, By Mr. HOEVEN (for himself and Mr. economic impact of additional regulations, Mr. WHITEHOUSE, Mr. DURBIN, and Mr. CONRAD): and provide for standards and requirements CASEY): S. 3563. A bill to amend the Energy Policy relating to certain guidelines and regula- S. Res. 564. A resolution designating the Act of 2005 to modify the Pilot Project of- tions relating to health and the environ- month of October 2012 as ‘‘National Medicine fices of the Federal Permit Streamlining ment; to the Committee on Environment and Abuse Awareness Month’’; considered and Pilot Project; to the Committee on Energy Public Works. agreed to. and Natural Resources. By Mr. BLUNT (for himself, Mr. BAR- By Mr. CASEY (for himself, Mr. ROB- By Mr. LIEBERMAN (for himself and RASSO, Mr. BROWN of Massachusetts, ERTS, Mr. SANDERS, Mr. BROWN of Ms. COLLINS): Mr. COBURN, Mr. ENZI, Mr. COCHRAN, Ohio, and Mr. AKAKA): S. 3564. A bill to extend the Public Interest Mr. JOHANNS, Mr. BOOZMAN, and Mr. S. Res. 565. A resolution expressing support Declassification Act of 2000 until 2018 and for MORAN): for the designation of October 20, 2012, as the other purposes; to the Committee on Home- S. 3574. A bill to amend section 403 of the ‘‘National Day on Writing’’; considered and land Security and Governmental Affairs. Federal Food, Drug, and Cosmetic Act to im- agreed to. By Mr. CASEY (for himself, Mrs. SHA- prove and clarify certain disclosure require- By Mr. WHITEHOUSE (for himself, Mr. HEEN, Mr. LAUTENBERG, Mr. HARKIN, ments for restaurants, similar retail food es- AKAKA, Mr. BLUMENTHAL, Mrs. and Ms. MIKULSKI): tablishments, and vending machines; to the BOXER, Mr. BROWN of Massachusetts, S. 3565. A bill to eliminate discrimination Committee on Health, Education, Labor, and Mr. CARDIN, Ms. COLLINS, Mrs. FEIN- and promote women’s health and economic Pensions. STEIN, Mrs. GILLIBRAND, Mr. KERRY,

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.031 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6455 Ms. LANDRIEU, Mr. LAUTENBERG, Mr. S. 339 of S. 996, a bill to amend the Internal LIEBERMAN, Ms. MIKULSKI, Mrs. MUR- At the request of Mr. BAUCUS, the Revenue Code of 1986 to extend the new RAY, Mr. REED, Mr. SESSIONS, Mrs. name of the Senator from California markets tax credit through 2016, and SHAHEEN, Mr. WARNER, Mr. WEBB, Mr. (Mrs. BOXER) was added as a cosponsor for other purposes. WYDEN, and Mr. MENENDEZ): S. Res. 566. A resolution designating Sep- of S. 339, a bill to amend the Internal S. 1171 tember 29, 2012, as ‘‘National Estuaries Day’’; Revenue Code of 1986 to make perma- At the request of Mr. SCHUMER, the considered and agreed to. nent the special rule for contributions names of the Senator from Rhode Is- By Ms. CANTWELL (for herself and of qualified conservation contribu- land (Mr. REED) and the Senator from Mrs. MURRAY): tions. S. Res. 567. A resolution honoring the life Delaware (Mr. COONS) were added as co- S. 563 and career of George Hickman; considered sponsors of S. 1171, a bill to amend the and agreed to. At the request of Mrs. BOXER, the Internal Revenue Code of 1986 to extend By Mr. MENENDEZ (for himself, Mr. name of the Senator from New York the exclusion from gross income for CORNYN, Mr. REID, Mr. BEGICH, Mrs. (Mrs. GILLIBRAND) was added as a co- employer-provided health coverage for MURRAY, Mr. UDALL of Colorado, Mr. sponsor of S. 563, a bill to provide for employees’ spouses and dependent chil- UDALL of New Mexico, Mrs. equal access to COBRA continuation dren to coverage provided to other eli- HUTCHISON, Mr. HELLER, Mr. ENZI, coverage. Mr. CRAPO, Mr. NELSON of Florida, gible dependent beneficiaries of em- Mr. SCHUMER, Mr. BENNET, Ms. MUR- S. 751 ployees. KOWSKI INGAMAN OXER At the request of Mr. BROWN of Ohio, , Mr. B , Mrs. B , S. 1309 Mr. DURBIN, Mr. RUBIO, Mr. COONS, the name of the Senator from Illinois Mr. LAUTENBERG, and Mrs. FEIN- (Mr. DURBIN) was added as a cosponsor At the request of Mr. SCHUMER, the STEIN): of S. 751, a bill to require the Secretary name of the Senator from Michigan S. Res. 568. A resolution designating the of Commerce to develop a comprehen- (Ms. STABENOW) was added as a cospon- week beginning September 16, 2012, as ‘‘Na- sor of S. 1309, a bill to amend title XIX tional Hispanic-Serving Institutions Week’’; sive national manufacturing strategy, and for other purposes. of the Social Security Act to cover considered and agreed to. physician services delivered by By Mr. GRASSLEY (for himself, Mr. S. 810 podiatric physicians to ensure access LEVIN, Mr. LIEBERMAN, Mrs. MURRAY, At the request of Ms. CANTWELL, the by Medicaid beneficiaries to appro- Mr. ALEXANDER, Mr. ENZI, Mr. COCH- name of the Senator from Rhode Island RAN, Mr. BLUNT, Ms. LANDRIEU, and priate quality foot and ankle care. (Mr. REED) was added as a cosponsor of Ms. STABENOW): S. 1391 S. Res. 569. A resolution designating the S. 810, a bill to prohibit the conducting week beginning October 21, 2012, as ‘‘Na- of invasive research on great apes, and At the request of Mr. TESTER, the tional Character Counts Week’’; considered for other purposes. name of the Senator from Louisiana and agreed to. S. 811 (Ms. LANDRIEU) was added as a cospon- By Mr. BLUNT (for himself and Mrs. At the request of Mr. MERKLEY, the sor of S. 1391, a bill to amend title 38, MURRAY): United States Code, to improve the dis- S. Res. 570. A resolution designating No- name of the Senator from Virginia (Mr. vember 8, 2012, as ‘‘National Parents as WARNER) was added as a cosponsor of S. ability compensation evaluation proce- Teachers Day’’; considered and agreed to. 811, a bill to prohibit employment dis- dure of the Secretary of Veterans Af- f crimination on the basis of sexual ori- fairs for veterans with post-traumatic entation or gender identity. stress disorder or mental health condi- ADDITIONAL COSPONSORS S. 821 tions related to military sexual trau- S. 65 ma, and for other purposes. At the request of Mr. LEAHY, the At the request of Mr. AKAKA, his names of the Senator from Rhode Is- S. 1450 name was added as a cosponsor of S. 65, land (Mr. REED) and the Senator from At the request of Ms. SNOWE, the a bill to reauthorize the programs of Maine (Ms. COLLINS) were added as co- name of the Senator from Minnesota the Department of Housing and Urban sponsors of S. 821, a bill to amend the (Mr. FRANKEN) was added as a cospon- Development for housing assistance for Immigration and Nationality Act to sor of S. 1450, a bill to amend title 23, Native Hawaiians. eliminate discrimination in the immi- United States Code, to provide for the S. 202 gration laws by permitting permanent establishment of a commercial truck At the request of Mr. PAUL, the name partners of United States citizens and safety program, and for other purposes. of the Senator from Alabama (Mr. SES- lawful permanent residents to obtain S. 1454 SIONS) was added as a cosponsor of S. lawful permanent resident status in 202, a bill to require a full audit of the the same manner as spouses of citizens At the request of Mr. DURBIN, the Board of Governors of the Federal Re- and lawful permanent residents and to name of the Senator from Michigan serve System and the Federal Reserve penalize immigration fraud in connec- (Ms. STABENOW) was added as a cospon- banks by the Comptroller General of tion with permanent partnerships. sor of S. 1454, a bill to amend title the United States before the end of XVIII of the Social Security Act to S. 891 2012, and for other purposes. provide for extended months of Medi- At the request of Mr. BROWN of Mas- At the request of Mr. GRASSLEY, the care coverage of immunosuppressive sachusetts, his name was added as a co- name of the Senator from New Mexico drugs for kidney transplant patients sponsor of S. 202, supra. (Mr. UDALL) was added as a cosponsor and other renal dialysis provisions. S 227 of S. 891, a bill to amend title XVIII of . S. 1461 At the request of Ms. COLLINS, the the Social Security Act to provide for name of the Senator from Ohio (Mr. the recognition of attending physician At the request of Mr. NELSON of Flor- ida, the name of the Senator from Ne- BROWN) was added as a cosponsor of S. assistants as attending physicians to 227, a bill to amend title XVIII of the serve hospice patients. vada (Mr. HELLER) was added as a co- Social Security Act to ensure more S. 961 sponsor of S. 1461, a bill to amend the timely access to home health services At the request of Mr. KERRY, the Federal Food, Drug, and Cosmetic Act for Medicare beneficiaries under the name of the Senator from New York to clarify the Food and Drug Adminis- Medicare program. (Mrs. GILLIBRAND) was added as a co- tration’s jurisdiction over certain to- bacco products, and to protect jobs and S. 274 sponsor of S. 961, a bill to create the in- small businesses involved in the sale, At the request of Mrs. HAGAN, the come security conditions and family manufacturing and distribution of tra- name of the Senator from Massachu- supports needed to ensure permanency ditional and premium cigars. setts (Mr. BROWN) was added as a co- for the Nation’s unaccompanied youth, sponsor of S. 274, a bill to amend title and for other purposes. S. 1782 XVIII of the Social Security Act to ex- S. 996 At the request of Mr. LAUTENBERG, pand access to medication therapy At the request of Mr. ROCKEFELLER, the name of the Senator from New management services under the Medi- the name of the Senator from Maine York (Mrs. GILLIBRAND) was added as a care prescription drug program. (Ms. COLLINS) was added as a cosponsor cosponsor of S. 1782, a bill to provide

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.033 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6456 CONGRESSIONAL RECORD — SENATE September 19, 2012 for the reduction in unintended preg- WYDEN) was added as a cosponsor of S. velop markets for concrete masonry nancy and sexually transmitted infec- 2123, a bill to amend title V of the So- products. tions, including HIV, and the pro- cial Security Act to extend funding for S. 3239 motion of healthy relationships, and family-to-family health information At the request of Mrs. FEINSTEIN, the for other purposes. centers to help families of children names of the Senator from Louisiana S. 1862 with disabilities or special health care (Ms. LANDRIEU) and the Senator from At the request of Mr. LAUTENBERG, needs make informed choices about Maryland (Mr. CARDIN) were added as the name of the Senator from Michigan health care for their children. cosponsors of S. 3239, a bill to provide (Ms. STABENOW) was added as a cospon- S. 2189 for a uniform national standard for the sor of S. 1862, a bill to amend the Pub- At the request of Mr. HARKIN, the housing and treatment of egg-laying lic Health Service Act to improve the name of the Senator from Alaska (Ms. hens, and for other purposes. health of children and reduce the oc- MURKOWSKI) was added as a cosponsor S. 3289 currence of sudden unexpected infant of S. 2189, a bill to amend the Age Dis- At the request of Mr. KERRY, the death and to enhance public health ac- crimination in Employment Act of 1967 name of the Senator from Massachu- tivities related to stillbirth. and other laws to clarify appropriate setts (Mr. BROWN) was added as a co- S. 1872 standards for Federal antidiscrimina- sponsor of S. 3289, a bill to expand the At the request of Mr. CASEY, the tion and antiretaliation claims, and for Medicaid home and community-based names of the Senator from Delaware other purposes. services waiver to include young indi- (Mr. COONS) and the Senator from viduals who are in need of services that S. 2192 Vermont (Mr. LEAHY) were added as co- would otherwise be required to be pro- sponsors of S. 1872, a bill to amend the At the request of Mr. PRYOR, the vided through a psychiatric residential Internal Revenue Code of 1986 to pro- name of the Senator from Ohio (Mr. treatment facility, and to change ref- vide for the tax treatment of ABLE ac- BROWN) was added as a cosponsor of S. erences in Federal law to mental retar- counts established under State pro- 2192, a bill to amend the Public Health dation to references to an intellectual grams for the care of family members Service Act to provide for the partici- disability. pation of optometrists in the National with disabilities, and for other pur- S. 3310 Health Service Corps scholarship and poses. At the request of Mr. LUGAR, the loan repayment programs, and for S. 1910 name of the Senator from Florida (Mr. other purposes. At the request of Mr. LIEBERMAN, the RUBIO) was added as a cosponsor of S. names of the Senator from Ohio (Mr. S. 2250 3310, a bill to direct the President, in BROWN) and the Senator from Rhode Is- At the request of Ms. STABENOW, the consultation with the Department of land (Mr. REED) were added as cospon- names of the Senator from Arkansas State, United States Agency for Inter- sors of S. 1910, a bill to provide benefits (Mr. PRYOR) and the Senator from Con- national Development, Millennium to domestic partners of Federal em- necticut (Mr. BLUMENTHAL) were added Challenge Corporation, and the Depart- ployees. as cosponsors of S. 2250, a bill to pre- ment of Defense, to establish guide- S. 2032 vent homeowners from being forced to lines for United States foreign assist- At the request of Mr. DURBIN, the pay taxes on forgiven mortgage loan ance programs, and for other purposes. name of the Senator from New Jersey debt. S. 3325 (Mr. LAUTENBERG) was added as a co- S. 2347 At the request of Mr. BEGICH, the sponsor of S. 2032, a bill to amend the At the request of Mr. CARDIN, the name of the Senator from Massachu- Higher Education Act of 1965 regarding name of the Senator from Massachu- setts (Mr. BROWN) was added as a co- proprietary institutions of higher edu- setts (Mr. BROWN) was added as a co- sponsor of S. 3325, a bill to authorize cation in order to protect students and sponsor of S. 2347, a bill to amend title the Secretary of Health and Human taxpayers. XVIII of the Social Security Act to en- Services, acting through the Adminis- S. 2047 sure the continued access of Medicare trator of the Substance Abuse and At the request of Mr. SCHUMER, the beneficiaries to diagnostic imaging Mental Health Services Administra- name of the Senator from Michigan services. tion, in coordination with the Sec- (Ms. STABENOW) was added as a cospon- S. 2472 retary of Education, to carry out a 5- sor of S. 2047, a bill to authorize the year demonstration program to fund At the request of Mr. CASEY, the Secretary of Education to make dem- mental health first aid training pro- name of the Senator from Massachu- onstration grants to eligible local edu- grams at 10 institutions of higher edu- setts (Mr. BROWN) was added as a co- cational agencies for the purpose of re- cation to improve student mental sponsor of S. 2472, a bill to provide for ducing the student-to-school nurse health. the issuance and sale of a semipostal ratio in public elementary schools and S 3331 by the United States Postal Service for . secondary schools. research and demonstration projects At the request of Mr. DURBIN, his S. 2057 name was added as a cosponsor of S. relating to autism spectrum disorders. At the request of Mr. SCHUMER, the 3331, a bill to provide for universal name of the Senator from Massachu- S. 2620 intercountry adoption accreditation setts (Mr. BROWN) was added as a co- At the request of Mr. SCHUMER, the standards, and for other purposes. sponsor of S. 2057, a bill to amend title name of the Senator from Michigan S. 3347 XVIII of the Social Security Act to (Ms. STABENOW) was added as a cospon- At the request of Mr. BROWN of Ohio, allow physician assistants, nurse prac- sor of S. 2620, a bill to amend title the names of the Senator from Hawaii titioners, and clinical nurse specialists XVIII of the Social Security Act to (Mr. AKAKA) and the Senator from Iowa to supervise cardiac, intensive cardiac, provide for an extension of the Medi- (Mr. HARKIN) were added as cosponsors and pulmonary rehabilitation pro- care-dependent hospital (MDH) pro- of S. 3347, a bill to require reports on grams. gram and the increased payments countries with which the United States S. 2088 under the Medicare low-volume hos- negotiates trade agreements, to estab- At the request of Mr. ROCKEFELLER, pital program. lish terms for future trade agreements, the name of the Senator from New S. 3227 and to enhance the promotion of ex- York (Mrs. GILLIBRAND) was added as a At the request of Mr. NELSON of Flor- ports of United States goods and serv- cosponsor of S. 2088, a bill to amend the ida, the name of the Senator from ices, and for other purposes. Internal Revenue Code of 1986 to per- Pennsylvania (Mr. CASEY) was added as S. 3391 manently double the amount of start- a cosponsor of S. 3227, a bill to enable At the request of Ms. KLOBUCHAR, the up expenses entrepreneurs can deduct concrete masonry products manufac- names of the Senator from North Caro- from their taxes. turers and importers to establish, fi- lina (Mr. BURR) and the Senator from S. 2123 nance, and carry out a coordinated pro- Ohio (Mr. BROWN) were added as co- At the request of Mr. MENENDEZ, the gram of research, education, and pro- sponsors of S. 3391, a bill to amend sec- name of the Senator from Oregon (Mr. motion to improve, maintain, and de- tion 353 of the Public Health Service

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.025 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6457 Act with respect to suspension, revoca- rity Act to reduce the incidence of dia- nal Revenue Code of 1986 to extend the tion, and limitation of laboratory cer- betes among Medicare beneficiaries. work opportunity credit for hiring vet- tification. S. 3494 erans, and for other purposes. S. 3394 At the request of Mr. FRANKEN, the S. 3539 At the request of Mr. JOHNSON of name of the Senator from Maine (Ms. At the request of Mr. KERRY, the South Dakota, the names of the Sen- SNOWE) was added as a cosponsor of S. name of the Senator from West Vir- ator from Massachusetts (Mr. KERRY), 3494, a bill to amend the Internal Rev- ginia (Mr. ROCKEFELLER) was added as the Senator from Montana (Mr. BAU- enue Code of 1986 to qualify formerly a cosponsor of S. 3539, a bill to encour- CUS), the Senator from Virginia (Mr. homeless individuals who are full-time age the adoption and use of certified WARNER), the Senator from Wyoming students for purposes of low income electronic health record technology by (Mr. ENZI), the Senator from Nebraska housing tax credit. safety net providers and clinics. (Mr. NELSON) and the Senator from S. 3500 S. 3546 Colorado (Mr. BENNET) were added as At the request of Mr. CORNYN, the At the request of Mr. JOHNSON of cosponsors of S. 3394, a bill to address name of the Senator from Wyoming South Dakota, the names of the Sen- fee disclosure requirements under the (Mr. ENZI) was added as a cosponsor of ator from Hawaii (Mr. INOUYE) and the Electronic Fund Transfer Act, to S. 3500, a bill to amend the Endangered Senator from Washington (Ms. CANT- amend the Federal Deposit Insurance Species Act of 1973 to establish a proce- WELL) were added as cosponsors of S. Act with respect to information pro- dure for approval of certain settle- 3546, a bill to amend the Native Amer- vided to the Bureau of Consumer Fi- ments. ican Programs Act of 1974 to reauthor- nancial Protection, and for other pur- S. 3512 ize a provision to ensure the survival poses. At the request of Mr. HOEVEN, the and continuing vitality of Native S. 3402 names of the Senator from Oklahoma American languages. At the request of Mr. CASEY, the (Mr. INHOFE) and the Senator from S. 3547 name of the Senator from Vermont Kansas (Mr. ROBERTS) were added as At the request of Mr. KERRY, the (Mr. SANDERS) was added as a cospon- cosponsors of S. 3512, a bill to amend name of the Senator from Massachu- sor of S. 3402, a bill to require the Sec- subtitle D of the Solid Waste Disposal setts (Mr. BROWN) was added as a co- retary of Labor to maintain a publicly Act to facilitate recovery and bene- sponsor of S. 3547, a bill to amend the available list of all employers that re- ficial use, and provide for the proper Lacey Act Amendments of 1981 to clar- locate a call center overseas, to make management and disposal, of materials ify provisions enacted by the Captive such companies ineligible for Federal generated by the combustion of coal Wildlife Safety Act, to further the con- grants or guaranteed loans, and to re- and other fossil fuels. servation of certain wildlife species, quire disclosure of the physical loca- S. 3522 and for other purposes. tion of business agents engaging in cus- tomer service communications, and for At the request of Mr. MENENDEZ, the S. 3551 other purposes. names of the Senator from Michigan At the request of Mr. DEMINT, the (Mr. LEVIN) and the Senator from Ha- S. 3407 names of the Senator from Georgia waii (Mr. AKAKA) were added as cospon- (Mr. ISAKSON), the Senator from Utah At the request of Mr. WYDEN, the sors of S. 3522, a bill to provide for the names of the Senator from Hawaii (Mr. (Mr. LEE), the Senator from Oklahoma expansion of affordable refinancing of (Mr. INHOFE), the Senator from Wyo- INOUYE) and the Senator from North mortgages held by the Federal Na- ming (Mr. BARRASSO) and the Senator Dakota (Mr. CONRAD) were added as co- tional Mortgage Association and the sponsors of S. 3407, a bill to amend the from Idaho (Mr. RISCH) were added as Federal Home Loan Mortgage Corpora- Public Health Service Act to increase cosponsors of S. 3551, a bill to require tion. the number of permanent faculty in investigations into and a report on the palliative care at accredited allopathic S. 3523 September 11–13, 2012, attacks on the and osteopathic medical schools, nurs- At the request of Mr. SCHUMER, the United States missions in Libya, ing schools, and other programs, to name of the Senator from Minnesota Egypt, and Yemen, and for other pur- promote education in palliative care (Ms. KLOBUCHAR) was added as a co- poses. and hospice, and to support the devel- sponsor of S. 3523, a bill to amend title S.J. RES. 39 opment of faculty careers in academic 17, United States Code, to extend pro- At the request of Mr. CARDIN, the palliative medicine. tection to fashion design, and for other name of the Senator from New Mexico purposes. S. 3430 (Mr. BINGAMAN) was added as a cospon- At the request of Mrs. SHAHEEN, the S. 3525 sor of S.J. Res. 39, a joint resolution re- name of the Senator from Massachu- At the request of Mr. TESTER, the moving the deadline for the ratifica- setts (Mr. BROWN) was added as a co- names of the Senator from Arkansas tion of the equal rights amendment. sponsor of S. 3430, a bill to amend the (Mr. PRYOR), the Senator from New S.J. RES. 50 Public Health Service Act to foster Hampshire (Mrs. SHAHEEN) and the At the request of Mr. HATCH, the more effective implementation and co- Senator from Nebraska (Mr. NELSON) name of the Senator from Utah (Mr. ordination of clinical care for people were added as cosponsors of S. 3525, a LEE) was added as a cosponsor of S.J. with pre-diabetes and diabetes. bill to protect and enhance opportuni- Res. 50, a joint resolution providing for S. 3461 ties for recreational hunting, fishing, congressional disapproval under chap- At the request of Mr. BROWN of Ohio, and shooting, and for other purposes. ter 8 of title 5, United States Code, of the names of the Senator from Mis- S. 3527 the rule submitted by the Office of souri (Mr. BLUNT) and the Senator from At the request of Mr. SCHUMER, the Family Assistance of the Administra- Iowa (Mr. GRASSLEY) were added as co- name of the Senator from Alabama tion for Children and Families of the sponsors of S. 3461, a bill to amend title (Mr. SESSIONS) was added as a cospon- Department of Health and Human IV of the Public Health Service Act to sor of S. 3527, a bill to provide for en- Services relating to waiver and expend- provide for a National Pediatric Re- hanced criminal penalties for individ- iture authority under section 1115 of search Network, including with respect uals who file a SEVP certification peti- the Social Security Act (42 U.S.C. 1315) to pediatric rare diseases or conditions. tion under false pretenses, to prohibit with respect to the Temporary Assist- S. 3463 certain schools from accessing SEVIS ance for Needy Families program. At the request of Mr. FRANKEN, the or participating in the SEVP and for S. CON. RES. 46 names of the Senator from New Jersey other purposes. At the request of Mr. WEBB, the name (Mr. LAUTENBERG), the Senator from S. 3536 of the Senator from Maine (Ms. SNOWE) Hawaii (Mr. INOUYE) and the Senator At the request of Mr. BLUMENTHAL, was added as a cosponsor of S. Con. from Minnesota (Ms. KLOBUCHAR) were the name of the Senator from Oregon Res. 46, a concurrent resolution ex- added as cosponsors of S. 3463, a bill to (Mr. MERKLEY) was added as a cospon- pressing the sense of Congress that an amend title XVIII of the Social Secu- sor of S. 3536, a bill to amend the Inter- appropriate site at the former Navy

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.027 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6458 CONGRESSIONAL RECORD — SENATE September 19, 2012 Dive School at the Washington Navy S. RES. 543 proper payments, and use state-of-the- Yard should be provided for the Man in At the request of Mrs. BOXER, the art analytic software to identify and the Sea Memorial Monument to honor names of the Senator from Illinois (Mr. prevent improper payments. the members of the Armed Forces who DURBIN) and the Senator from Rhode I was pleased to hear about the steps have served as divers and whose service Island (Mr. REED) were added as co- being taken to modernize Medicare’s in defense of the United States has sponsors of S. Res. 543, a resolution to anti-fraud efforts, but there is still been carried out beneath the waters of express the sense of the Senate on much that can be done. In particular, I the world. international parental child abduction. believe we must crack down on decep- S. CON. RES. 50 S. RES. 556 tive and fraudulent telemarketing and email schemes that force unwanted and At the request of Mr. RUBIO, the At the request of Mr. INHOFE, the names of the Senator from Connecticut name of the Senator from Utah (Mr. unnecessary medical equipment onto unsuspecting seniors. I have heard (Mr. BLUMENTHAL), the Senator from LEE) was added as a cosponsor of S. Massachusetts (Mr. BROWN), the Sen- Res. 556, a resolution expressing the from Rhode Islanders concerned about these ‘‘too-good-to-be-true’’ offers. ator from Oklahoma (Mr. COBURN) and sense of the Senate that foreign assist- During my March hearing, I heard tes- the Senator from Illinois (Mr. KIRK) ance funding to the Governments of timony about Medicare beneficiaries were added as cosponsors of S. Con. Libya and Egypt should be suspended receiving unsolicited phone calls from Res. 50, a concurrent resolution ex- until the President certifies to Con- a company called Planned Eldercare, pressing the sense of Congress regard- gress that both governments are pro- which promised to provide them with ing actions to preserve and advance the viding proper security at United States free medical products. If a senior multistakeholder governance model embassies and consulates pursuant to agreed to the offer, Planned Eldercare under which the Internet has thrived. the Vienna Convention on Consular Re- would submit as many claims as it S. RES. 176 lations. could to Medicare on that beneficiary’s At the request of Ms. MIKULSKI, the S. RES. 558 behalf, even if the products for which name of the Senator from Massachu- At the request of Mr. HELLER, his they were submitting claims were not setts (Mr. BROWN) was added as a co- name was added as a cosponsor of S. medically necessary or even requested sponsor of S. Res. 176, a resolution ex- Res. 558, a resolution congratulating by the senior. This scheme defrauded pressing the sense of the Senate that the athletes from the State of Nevada Medicare out of more than $2.2 million. the United States Postal Service and throughout the United States who These schemes prey on older Ameri- should issue a semipostal stamp to sup- participated in the 2012 Olympic and cans and rob Medicare of millions of port medical research relating to Alz- Paralympic Games as members of the dollars that would otherwise be used to heimer’s disease. United States Olympic and Paralympic improve the health and well-being of S. RES. 181 Teams. seniors. We must do more to prevent At the request of Mr. GRAHAM, the f fraud of this kind, which is why I am name of the Senator from North Da- joining with my colleague, Senator kota (Mr. HOEVEN) was added as a co- STATEMENTS ON INTRODUCED Blumenthal, in introducing the Tele- sponsor of S. Res. 181, a resolution des- BILLS AND JOINT RESOLUTIONS marketing Fraud Modernization Act. ignating May 15, 2011, as ‘‘National By Mr. WHITEHOUSE (for him- This bill would close loopholes in the MPS Awareness Day’’. self and Mr. BLUMENTHAL): existing telemarketing fraud statute S. RES. 232 S. 3556. A bill to provide penalties for and update the law to include Medi- At the request of Mr. MENENDEZ, the email marketing fraud; to the Com- care, Medicaid, and health care fraud, names of the Senator from Iowa (Mr. mittee on the Judiciary. as well as schemes to fraudulently in- HARKIN) and the Senator from Massa- f duce investments—like Ponzi schemes. chusetts (Mr. BROWN) were added as co- It would also expand existing law to sponsors of S. Res. 232, a resolution TELEMARKETING FRAUD apply to schemes perpetrated via recognizing the continued persecution MODERNIZATION ACT email, instant messages, and other of Falun Gong practitioners in China Mr. WHITEHOUSE. Mr. President, I forms of electronic communication. on the 12th anniversary of the cam- rise today to talk about an issue that Updating the telemarketing fraud stat- paign by the Chinese Communist Party is extremely important to people in ute will give law enforcement agencies to suppress the Falun Gong movement, Rhode Island and across the United the tools they need to rein in scam art- recognizing the Tuidang movement States: protecting consumers and se- ists, protect our Nation’s seniors, and whereby Chinese citizens renounce curing the integrity of Medicare by strengthen the integrity of the Medi- their ties to the Chinese Communist preventing waste and fraud. Individuals care program. Party and its affiliates, and calling for who commit Medicare fraud are not I look forward to continuing to work an immediate end to the campaign to simply stealing from the government, with my colleagues on both sides of the persecute Falun Gong practitioners. they are stealing from the men and aisle on this important issue. S. RES. 434 women who have paid into the system By Mr. FRANKEN (for himself, At the request of Mr. WARNER, the their whole lives, they are stealing Mr. HARKIN, Mr. SANDERS, Mr. names of the Senator from West Vir- from our Nation’s seniors, and they are DURBIN, Mr. BEGICH, Mr. LEAHY, ginia (Mr. MANCHIN), the Senator from stealing from the taxpayers. We have Mr. BLUMENTHAL, and Mr. Minnesota (Ms. KLOBUCHAR) and the an obligation to ensure that Medicare WHITEHOUSE): Senator from Hawaii (Mr. AKAKA) were dollars are spent keeping seniors S. 3557. A bill to amend the Higher added as cosponsors of S. Res. 434, a healthy, and not lining the pockets of Education Act of 1965 to prohibit insti- resolution supporting the goal of pre- predatory opportunists. tutions of higher education that par- venting and effectively treating Alz- In March, I held a hearing in Rhode ticipate in programs under title IV of heimer’s disease by the year 2025, as ar- Island on efforts at the Federal, State, such Act from including predispute ar- ticulated in the draft National Plan to and local levels to identify and reduce bitration agreements in enrollment Address Alzheimer’s Disease from the fraud in Medicare and Medicaid. I contracts; to the Committee on Health, Department of Health and Human heard testimony from a representative Education, Labor, and Pensions. Services. of the Centers for Medicare and Med- Mr. FRANKEN. Mr. President, I rise S. RES. 466 icaid Services, as well as State and today to talk about a bill I have just At the request of Mr. DURBIN, his Federal law enforcement officials, in- introduced, the Arbitration Fairness name and the name of the Senator cluding Rhode Island’s Attorney Gen- for Students Act, and to talk about from Pennsylvania (Mr. CASEY) were eral, Peter Kilmartin; and the U.S. At- why it is so important to protect our added as cosponsors of S. Res. 466, a torney for Rhode Island, Peter Nation’s students. resolution calling for the release from Neronha. They discussed a number of Access to higher education is becom- prison of former Prime Minister of the efforts underway to identify poten- ing increasingly important in our Na- Ukraine Yulia Tymoshenko. tially fraudulent claims, recover im- tion. In 2018, 70 percent of the jobs in

VerDate Mar 15 2010 06:58 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.030 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6459 our State, Minnesota, will require ability. Our higher education system Congress heard from military leaders some postsecondary education. We often requires students to take on tens that predatory lending targeted at our must also make sure access to higher of thousands of dollars in debt. In ex- Nation’s servicemembers was impair- education remains and stays a positive change for this debt, students believe ing our country’s military readiness. In experience and not a damaging one. they are receiving an education that response, Republican Senator Jim Tal- Colleges and universities need to de- will allow them to pay that money ent from Missouri, along with his col- liver on the promises they make to stu- back, often because that is exactly league Senator BILL NELSON of Florida, dents. If they don’t, students need to be what the school is telling them. But a Democrat, introduced an amendment able to hold them accountable. what if the school is lying? Students to the 2006 national defense authoriza- That is why I have introduced this need to be able to hold those schools tion bill. Their provision prohibited bill today along with Senator HARKIN accountable for their actions. Other- predatory lending practices, including and six cosponsors, including Senator wise, what is going to stop other a prohibition on enforcing mandatory SANDERS. It would prohibit any school schools from charging whatever they arbitration clauses in financial agree- participating in the title IV Federal want and convincing their students ments with servicemembers. This student aid system from forcing its they can afford it by lying? We can amendment passed the Senate unani- students to forego access to the courts stop these anticonsumer, antistudent mously, and it went into effect in 2007. when they have a valid dispute and in- contracts, and my bill would do just Despite strong opposition from the stead forcing them into private arbi- that. Wall Street lobby, Congress came to- tration proceedings. This bill is simply Congress has acted several times to gether in a bipartisan manner to target about accountability. It is about the protect individual industries from abuses against our servicemembers. basic American right to seek justice in abuse of mandatory arbitration In addition to auto dealers and serv- our court system—a right that is, un- clauses. In 2001, Congress heard from icemembers, Congress has also taken fortunately, being denied now to thou- William Shack, a long-time automobile up the plight of poultry growers. In a sands of students after the landmark dealer from Nevada. He told his story 2007 hearing in the Senate Agriculture Supreme Court decision in the AT&T to Congress about how he and a partner Committee, one witness shared this Mobility v. Concepcion case. had been working together to open a terrible story. Gertrude Overstreet was A recent report from Public Citizen Saturn dealership, investing a lot of a 67-year-old contract poultry farmer. and the National Association of Con- money, when Saturn suddenly pulled She operated two chicken houses, so sumer Advocates highlights how that the deal. her total monthly income, including decision is harming students. Before As a result of the arbitration clause food stamps, was less than $1,000 a that decision, thousands of students in their contract, Mr. Shack and his month for her and her husband. Mrs. who had attended a chain of culinary partner were required to arbitrate the Overstreet had a 10th grade education. schools formed a class action lawsuit dispute. In his testimony, he said Fed- When the poultry producer for whom alleging that the school had exagger- eral legislation was the only remedy she worked violated the terms of their ated the salaries of its graduates, and available to protect auto dealers from agreement, that company required they won. The students received pay- the imposition of these unfair contract Mrs. Overstreet to bring her claim into ments of up to $20,000 each, which they provisions and to preserve State proce- arbitration, where she was required to desperately needed since, according to dural and substantive protections. He pay $27,000 in upfront costs before she the lawsuits, these students typically explained: could even get a hearing. Mrs. Over- had more than $40,000 in student loan We reject categorically the idea that we street didn’t know what arbitration debt. ‘‘voluntarily’’ agreed to submit to manda- was or that her legal remedies had been But that was before the Concepcion tory binding arbitration. stripped from her. This is an elderly decision, which now allows corpora- The most compelling portion of Mr. couple who could not afford the cost of tions to block class action lawsuits Shack’s testimony was this: their medication, much less $20,000 in through the use of mandatory arbitra- [T]he dispute drove home to us in a drastic upfront arbitration fees. tion clauses in their contracts. Now, a fashion just how one-sided the mandatory This might be the most compelling group of students who can prove they binding arbitration process can be for deal- were lied to by their college can be ers. We were surprised to learn that, despite example of disparate bargaining power, barred from accessing our court sys- the great system of justice that we have in a giant poultry processor versus Mrs. tem. I think that is wrong, and my bill this country, we could be deprived of the Overstreet. But Senator GRASSLEY would change that. basic right to an impartial decision on the took up this cause and introduced the But don’t just take it from me. Take merits of our case. That is a grave injustice. Fair Contracts for Growers Act. it from judges who are ruling in the In response to stories like Mr. Thanks to his efforts, when the farm post-Concepcion world and who believe Shack’s, Senator ORRIN HATCH intro- bill passed the following year, it in- that students are being hurt. In one re- duced the Motor Vehicle Franchise cluded provisions that enabled poultry cent case students alleged that a Contract Arbitration Fairness Act. The farmers to opt out of mandatory arbi- school misrepresented basic facts, such bill had 66 cosponsors—an equal num- tration clauses imposed by the big as the cost of education and the ber of Democrats and Republicans. processors. school’s accreditation status. The stu- Unsurprisingly, there was opposition to Most recently, Congress took up an dents even showed they had to sign the this legislation—the Chamber of Com- amendment that I introduced in the enrollment contract, which contained merce testified against it. But Con- national defense authorization bill in the mandatory arbitration clause, be- gress decided to prioritize the rights of the fall of 2009. Some of the most offen- fore they were allowed to speak to fi- auto dealers to seek justice in our sive uses of mandatory arbitration nancial aid counselors. courts, and in November of 2002, Con- clauses that I have seen are by over- The court ruled against the students, gress passed this bill and made it law. seas military contractors against citing the Concepcion decision. Accord- Today automobile dealers cannot be women who have been victimized on ing to the court: bound by mandatory arbitration provi- the job. Too many women working for The argument had considerable validity sions in their contracts with their military contractors have had to en- and the court would likely have found the manufacturers. This change didn’t re- dure unimaginable workplace harass- Arbitration Agreements at issue here uncon- sult in a flood of litigation. It simply ment and environments. Those women scionable . . . if it were issuing this decision provided some equal footing for small deserve their right to a day in court pre-Concepcion. auto dealerships to bargain with the just like the auto dealers, the service- The court also said that Concepcion large manufacturers. Once Congress de- members, and the poultry farmers. ‘‘likely foreclosed the possibility of termined that this particular industry Once again, the amendment passed any recovery for many wronged indi- was subject to the abuse, it took action with broad bipartisan support. Once viduals.’’ to protect the vulnerable party. again, Congress took steps to tackle As I said, this bill is about account- Congress again acted in 2007 to pro- the most egregious abuses of manda- ability. It is also about college afford- tect members of our Armed Services. tory arbitration.

VerDate Mar 15 2010 06:58 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.042 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6460 CONGRESSIONAL RECORD — SENATE September 19, 2012 When confronted with a group that funding to end some of those waiting and increases protections for seniors has been victimized by mandatory arbi- lines that now exist throughout this living in nursing homes and receiving tration clauses, Congress has repeat- country in terms of seniors being able home care services. edly taken steps to protect the little to get the Meals on Wheels Program. Mr. President, we need to see the re- guy and their right to a day in court, Another important nutrition pro- authorization of the Older Americans and we have done so on a bipartisan gram the Older Americans Act deals Act early in the next Congress. With basis. I believe Minnesota’s students— with is the Congregate Meal Program. 10,000 baby boomers turning 65 each and students across the country—de- Every day in Vermont and I know all day and middle-class families experi- serve the same protection we have af- over this country the elderly come to encing rising costs from education to forded to auto dealers, to servicemem- senior centers, where they socialize health care as well as the need to pro- bers, poultry farmers, and employees of and have a good time and are able to vide care to their aging relatives, we military contractors. The Arbitration break through their isolation and also are at a critical moment in terms of Fairness for Students Act would pro- receive nutritious meals. The meals how we address the very serious prob- vide that protection, and I urge my col- they receive are significantly funded lems facing senior citizens. leagues to support it. by the Congregate Meal Program. In The interesting point about the Older my view, they are inadequately funded, Americans Act and about the Nutrition By Mr. SANDERS (for himself, and we want to increase funding for Program is that while, yes, it is an in- Mr. BLUMENTHAL, Mr. KERRY, that program as well. vestment of Federal dollars, in the long Ms. MIKULSKI, Mr. BEGICH, Mr. I would mention that in the State of run it actually saves us money. We had AKAKA, Mr. DURBIN, Mrs. GILLI- Vermont alone—just one small State— a very interesting hearing on this BRAND, Ms. KLOBUCHAR, Mr. almost 1 million Congregate and Meals issue, and we heard from physicians LEAHY, Mr. WYDEN, Mr. on Wheels are served every single year. who told us what common sense would FRANKEN, Mrs. BOXER, Mr. That is 1 million meals in a small suggest. If seniors do not get the nutri- JOHNSON of South Dakota, Mr. State such as Vermont. tion they need, if they become mal- MERKLEY, and Mr. MENENDEZ): Mr. President, we are in the midst of nourished, they are obviously more S. 3562. A bill to reauthorize and im- a terrible recession. Unemployment is likely to become ill, end up in an emer- prove the Other Americans Act of 1965, too high, wages are too low, and many gency room or in the hospital. In addi- and for other purposes; to the Com- people have lost their homes. But in tion, when we have senior citizens who mittee on Health, Education, Labor, the midst of this recession, we do not are not getting the care and attention and Pensions. talk enough about the plight of many they need at home, the nutrition they Mr. SANDERS. Mr. President, today elderly people. They are living their need, they are more likely to suffer se- I am very proud to introduce the Older lives, often in great financial distress, rious falls, break hips, and end up in a Americans Act reauthorization of 2012 under the radar screen. I think we are hospital, at great expense. bill along with 14 of my colleagues, in- not paying enough attention to their So the bottom line here is not really cluding Senators BLUMENTHAL, KERRY, problems. rocket science. It is that if we make MIKULSKI, BEGICH, AKAKA, DURBIN, Today, incredibly enough, one in five sure seniors throughout the country— GILLIBRAND, KLOBUCHAR, LEAHY, seniors over the age of 65 is living on those who are vulnerable, who are frail, WYDEN, FRANKEN, JOHNSON, and an average income of $7,500 per year, who do not have a lot of money—get MERKLEY. This bill is the result of an and the number of seniors going hun- the nutrition and the attention they impressive team effort. We have gry is rising. Hunger among seniors in deserve while at home, they will be reached out to a number of members on the United States today is a serious healthier and less likely to end up in the committee and others who have problem. In fact, there are over 5 mil- emergency rooms and in hospitals at brought forth ideas of their own, and I lion seniors who face the threat of hun- great expense to our health care sys- am very proud as chairman of the Sub- ger and others who are struggling tem. So investing in the Older Ameri- committee on Primary Health and every single day to make sure they cans Act is not only the right thing to Aging to have introduced this bill. I have enough food in the refrigerator to do, it is not only the humane thing to wish to thank the director of the sub- take care of their most basic needs. do in terms of taking care of the most committee, Ashley Carson Cottingham, The very good news is that the Older vulnerable and fragile people in our so- for her work, as well as Sophie Americans Act has developed programs ciety, it also makes good financial Kasimow and Erica Solway. to address these needs. Yet, because we sense for our country. It is disappointing to me that this have more seniors who are in need of Mr. President, I thank very much the important piece of legislation has not these programs, it is absolutely imper- 14 cosponsors we have. We are going to been dealt with during this session, but ative that we address the problems of aggressively do our best to make sure on behalf of the millions of elderly peo- hunger and make sure every senior in this legislation is passed either in the ple to whom it applies and for whom it this country gets the nutrition he or lameduck session or when we return will make life better, I am introducing she needs. next year. it today because it will lay the ground- This bill we are submitting today With that, Mr. President, I yield the work for what we have to do next ses- with 14 cosponsors will request higher floor. sion. authorization for nutrition programs, Mr. FRANKEN. Mr. President, I Originally enacted in 1965, the Older for supportive services, and for jobs would like to associate myself with the Americans Act was the first edition by programs. One of the things the Older remarks of the Senator from Vermont. the Federal Government to help senior Americans Act does—and not a lot of I am one of the cosponsors of the reau- citizens remain independent in their people know this—is it provides em- thorization of the Older Americans homes and in their communities. The ployment opportunities for many sen- Act, and before I talk about a bill I Older Americans Act has historically iors. This is important because not have just introduced, I would like to received bipartisan support. only does it allow hard-pressed seniors underscore the fact that the Older This act provides Federal funding for to earn additional revenue, but it also Americans Act was introduced in 1965, some important programs with which allows them to go out into the work- and it allows seniors to stay in their many Americans are familiar. Among force and put meaning into their lives, homes and also saves money. It costs $6 others is the Meals on Wheels Program. which is extremely important. This a day to do Meals on Wheels per senior. All over America we have seniors who legislation also provides for chronic This allows a senior to stay in their are frail, who are unable to leave their disease self-management and the Long- home and not go to a nursing home. We homes, and every single day all over Term Care Ombudsman Program. The know what a nursing home costs every this country there are volunteers who bill also strengthens efforts to identify day. So this is an example of common are delivering hot, nutritious meals to and prevent elder abuse—a serious sense. Seniors want to stay in their seniors. I wish to thank all of those problem in our country—support for homes if they can. volunteers and to tell them we are family caregivers and care coordina- I have been with the Presiding Offi- going to do the best we can to increase tion activities, workforce for seniors, cer, my colleague from the State of

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.043 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6461 Minnesota, doing roundtables on the A museum dedicated to women’s his- tions. Additionally, it omits tax provi- Older Americans Act. It is a great pro- tory would help ensure that future gen- sions that were included in our joint gram that we need to reauthorize in erations understand what we owe to bill, S. 2050, that need to be addressed. order to do really a commonsense the many generations of American By and large, this bill has some merits thing, which is allow seniors to stay women who have helped build, sustain, and I commend Chair LANDRIEU for where they want to stay—in their and advance our society. They deserve pressing forward the national conversa- homes—and at the same time not have a museum to present the stories of pio- tion on these critical issues, but the them spending the kind of money they neering women like abolitionist Har- bill I am introducing today goes fur- would be spending in a nursing home or riet Tubman, founder of the Girl ther by including both regulatory, and in that kind of facility. So I commend Scouts Juliette Gordon Low, Supreme additional tax relief for small busi- the Senator from Vermont. Court Justice Sandra Day O’Connor, nesses. astronaut Sally Ride, and Senator Mar- The Restoring Tax and Regulatory By Ms. COLLINS (for herself, Ms. garet Chase Smith. Certainty to Small Businesses Act in- MIKULSKI, Mrs. HUTCHISON, Mr. Yes, of special pride to the State of cludes eight indispensable tax extend- LIEBERMAN, Mrs. MURRAY, Mr. Maine is a legendary predecessor in the ers that will provide targeted tax relief AKAKA, Mr. MERKLEY, Ms. KLO- Senate seat I now hold: Margaret Chase to small businesses and extend the es- BUCHAR, Ms. STABENOW, Ms. Smith, the first woman nominated for sential tax relief provisions that were MURKOWSKI, Ms. LANDRIEU, Mrs. President of the United States by a included in the bipartisan Small Busi- SHAHEEN, and Mrs. BOXER): major political party, and the first ness Jobs Act of 2010, P.L. 111–240. We S. 3567. A bill to establish the Com- woman elected to both houses of Con- have endured more than 40 straight mission to Study the Potential Cre- gress. Senator Smith began rep- months of unemployment over 8 per- ation of a National Women’s History resenting Maine in the U.S. House of cent and have yet to see changes imple- Museum, and for other purposes; to the Representatives in 1940, won election mented to ease the burdens on job cre- Committee on Energy and Natural Re- to the Senate in 1948, and enjoyed bi- ators. With this bill, the Nation’s small sources. businesses, which create at least two- Ms. COLLINS. Mr. President, I rise partisan respect over her long career thirds of all new jobs, will finally enjoy to introduce the National Women’s for her independence, integrity, wis- tax relief in many different forms. History Museum Commission Act of dom, and courage. She remains my role Small businesses should be rewarded 2012, a bill that would create a commis- model and, through the example of her for taking risks and increasing invest- sion to evaluate and plan into the es- public service, an exemplar of the vir- ments. Under this bill, the 100-percent tablishment of a museum that would tues that would be honored in the Na- capital gains exclusion will be ex- be dedicated to women’s history in our tional Women’s History Museum. tended, as will the availability of Sec- Nation’s capital city. I appreciate the Again, I urge my colleagues to sup- port this legislation. tion 179 expensing, which gives busi- co-sponsorship of Senator MIKULSKI, nesses the option of writing off the cost Senator HUTCHINSON, Senator LIEBER- By Ms. SNOWE: of qualifying capital expenses in the MAN, Senator MURRAY, Senator AKAKA, S. 3572. A bill to amend the Internal year of acquisition in lieu of recovering Senator MERKLEY, Senator KLOBUCHAR, Revenue Code of 1986, title 5, United these costs over time through deprecia- Senator STABENOW, Senator MUR- States Code, the Small Business Act, tion. Additionally, the carryback of KOWSKI, Senator LANDRIEU, Senator and the Small Business Investment Act general business credits to offset 5 SHAHEEN, and Senator BOXER. of 1958 to provide certainty for small American women have made invalu- years of taxes as a cash-flow tool for business concerns, and for other pur- able contributions to our country in businesses that are currently not real- poses; to the Committee on Finance. such diverse fields as government, busi- izing profits will be extended, giving Ms. SNOWE. Mr. President, I rise ness, medicine, law, literature, sports, small businesses even more funds to today to introduce legislation that will entertainment, the arts, and the mili- put toward future endeavors. boost America’s small businesses and tary. The need for a museum recog- Prior to the enactment of the Small help them escape unnecessary regula- nizing the contributions of American Business Jobs Act, taxpayers could women is long overdue. tions that are stifling creativity, generally only claim allowable general In 1999, a Presidential commission on growth, and job creation. This legisla- business credits against their regular commemorating women in American tion will encourage small businesses to tax liability, and only to the extent history concluded that, ‘‘Efforts to im- invest and hire, giving the economy a that their regular tax liability exceed- plement an appropriate celebration of much needed lift. ed their alternative minimum tax— women’s history in the next millen- Two of the most vital issues looming AMT—liability. With this bill, quali- nium should include the designation of over small business job creators are tax fied small businesses will now be able a focal point for women’s history in and regulatory uncertainty. This bill to reduce their AMT liability for gen- our Nation’s capital.’’ aims to, among other things, deliver eral business credits by allowing cred- Although Congress has made com- targeted tax relief to small businesses its to be applied against regular in- mendable provisions for the National with eight different tax provisions, and come tax and AMT liability. Museum for African American History protect small businesses from burden- Additionally, this bill will permit and Culture, the National Law Enforce- some regulations. The Restoring Tax contractors that do not complete con- ment Museum, and the National Mu- and Regulatory Certainty to Small tracts within a single year to benefit seum of the American Indian, there is Businesses Act of 2012 will provide from bonus depreciation. Another pro- still no institution in the capital re- small business owners and entre- vision was designed to benefit busi- gion dedicated to women’s role in our preneurs with the confidence they need nesses that were initially C corpora- country’s history. to expand, thrive, and prosper in to- tions, but elected to be taxed as S cor- This bill would be a good step toward day’s insecure economy. porations and had net built-in gains rectifying this oversight. The bill My friend and colleague, Small Busi- when they made the S corporation would simply establish a commission, ness Committee Chair LANDRIEU, re- election. Under this bill, small busi- similar to what was done for the Afri- cently proposed a small business relief nesses will also be able to deduct more can American History and Culture Mu- act with some similar measures. How- for startup costs, and be able to deduct seum, to develop a feasible plan for es- ever, Chair LANDRIEU’s bill lacks many health insurance premiums against tablishing such a museum in here in of the tax and regulatory reforms that payroll taxes, both of which are signifi- Washington, D.C. small businesses are seeking. While her cant matters to new and developing It is important to note that, unlike bill does contain some measures that I small business owners. Thanks to these previous museum commissions, tax- support, and which I have worked with new tax provisions, business owners payers will not shoulder the funding of her to include in a freestanding bipar- will be empowered to increase partici- this project. The proposed legislation tisan small business jobs bill, it does pation in domestic and global markets. calls for the commission to fund its not include any provisions to protect Besides these critical tax provisions, own costs. small businesses from arduous regula- the bill also provides real, meaningful

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G19SE6.044 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6462 CONGRESSIONAL RECORD — SENATE September 19, 2012 regulatory relief for job creators. Since Mr. LEAHY. Mr. President, I am very malnourished and to go for months the enactment of the Small Business pleased to join today with the senior without being able to wash. Many pris- Regulatory Enforcement Fairness Act Senator from Oklahoma, Senator oners depend for survival on food of 1996, P.L. 104–121, more than 50,000 INHOFE, in introducing legislation that brought to them by relatives. In many new rules have gone into effect, each has already attracted broad support— countries individuals awaiting trial, with an estimated impact of more than from across the social and political young and old, are housed together $100 million annually. More than 3,000 spectrum. with convicted, violent criminals. new Federal rules are established each This bill, titled the Foreign Prison Prisoners and other detainees in year. And alarmingly, small firms with Conditions Improvement Act of 2012, many countries are also routinely vic- fewer than 20 employees bear a dis- seeks to address a much neglected, timized by poorly trained, abusive proportionate burden of complying global human rights and humanitarian guards who are virtually unsupervised with Federal regulations. These small problem—the inhumane treatment of and unaccountable to any higher au- firms pay an annual regulatory cost of people in foreign prisons and other de- thority. Sexual abuse of men, women $10,585 per employee, which is 36 per- tention facilities. and children is common. cent higher than the regulatory costs On any given day, millions of people A government commission in Cam- facing larger firms. This bill will are languishing in foreign prisons, eroon reported that an average of five strengthen existing laws and enable many in pretrial detention having prisoners die per month in a prison the SBA Office of Advocacy to protect never been brought before a judge or there, simply from lack of proper med- small businesses from these burden- formally charged or proven guilty of ical care. Inmates in many countries some regulations. anything, deprived of their freedom in suffer from HIV/AIDS and other ill- The Restoring Tax and Regulatory abysmal conditions, often for years nesses in prisons with no medical Certainty to Small Businesses Act in- longer than they could have been sen- records, where doctors do not enter. corporates the latest version of the tenced to prison if convicted. Prisoners intentionally cut or other- Freedom from Restrictive, Excessive, Others are imprisoned after being wise harm themselves in the hope of re- Executive Demands and Onerous Man- convicted of offenses, often after woe- ceiving medical attention for life- dates, FREEDOM, Act—a necessary, fully unfair trials, including for noth- threatening illnesses. If and when they targeted regulatory reform bill that ing more than peacefully expressing are released they infect the local popu- will provide small businesses with political or religious beliefs or defend- lation. much needed relief from onerous, one- ing human rights. Regardless of their A New York Times article described size-fits-all Federal regulations. These status they have one thing in common. how prisoners in Zambia were punished provisions would: (a) require agencies They are deprived of the most basic by being stripped naked and held in to consider foreseeable indirect costs of rights and necessities—safe water, ade- solitary confinement in small, rules; (b) increase the number of small quate food, essential medical care, per- windowless cells, sometimes for days business review panels charged with sonal safety, and dignity. on end, in ankle-to-calf-high water helping agencies better consider small Anyone who has been inside one of contaminated with their own excre- businesses during the rulemaking proc- these facilities, or seen photographs or ment. It is like something out of The ess; (c) add teeth to the existing re- press reports of what they are like, un- Count of Monte Cristo, only worse be- quirement that agencies regularly re- derstands that this is about the mis- cause it is happening in the 21st Cen- view the regulations on their books to treatment of human beings in ways tury. But the article went on to de- scribe how Zambia’s Prison Service determine if they are outdated or need- that are reminiscent of the Dark Ages. lessly burdensome; and (d) allow small A few examples illustrate the point. conducted its own internal audit, ap- businesses to seek judicial review dur- In Haiti’s National Penitentiary before pointed a new medical director, and al- ing the proposed rule stage, concerning the 2010 earthquake, more than 4,000 lowed human rights workers access to whether an agency complied with its prisoners were confined in a space built its facilities. The legislation Senator INHOFE and I are introducing seeks to legal obligation to conduct an eco- for less than 900. Many did not have provide incentives for those kinds of nomic impact analysis with the rule- room to lie down and had to sleep improvements. Our bill would do the making. Regrettably, current law does standing up. Sanitation was practically following: not allow small businesses to challenge non-existent. Deadly contagious dis- this in court until after a burdensome First, it calls attention to this long eases were rampant. The overwhelming rule is finalized, when it is already too ignored problem. Most people know lit- majority of inmates had never been late. tle if anything about what goes on in- A recent survey of 500 small business formally charged, never seen a lawyer side foreign prisons, and many would owners along the east coast found that or a judge. The earthquake damaged prefer not to know. 71 percent of employers plan to main- the prison and the prison guards fled, Second, it sets forth primary indica- tain current employee levels and only leaving the inmates to fend for them- tors for the elimination of inhumane 21 percent plan to hire one or two more selves without food or water. They conditions in foreign prisons and other workers in the near future. Business managed to get out, but the squalid fa- detention facilities, such as human owners are reluctant to hire because of cility filled up again. waste facilities that are sanitary and the sluggish pace at which the U.S. I recall a newspaper article about accessible, and adequate ventilation, economy is recovering, the uncertain how in Benin, in West Africa, the skin food and safe drinking water. fiscal future, and the overly burden- of prisoners was ragged from the ex- Third, it requires the Secretary of some regulations currently in exist- traction of fly larvae, an affliction that State to report annually on the condi- ence. The NFIB reported that small is symptomatic of the deplorable con- tions in prisons and other detention fa- business optimism is also at its lowest ditions. Many inmates suffer from tu- cilities in at least 30 countries receiv- level since October 2011. Now is the berculosis, scabies, parasites, lung in- ing United States assistance or under time to reverse these trends and give fections or other illnesses. The prison sanction by the United States, selected small businesses, our one bright spot of in Abomey, located in southern Benin, by the Secretary’s determination that job creation, the certainty and motiva- was built in 1904 to house a maximum such conditions raise the most serious tion they need to grow and provide of 150 prisoners. More than 1,000 have human rights or humanitarian con- more jobs. reportedly been confined there. cerns. In February of this year, a fire at the Fourth, it encourages the Secretary By Mr. LEAHY (for himself and Comayagua Prison in Honduras killed and the Administrator of the U.S. Mr. INHOFE): 360 inmates. In one overcrowded cell Agency for International Development S. 3577. A bill to eliminate conditions block only 4 of 105 prisoners survived. to furnish assistance for the purpose of in foreign prisons and other detention More than half of those who died were eliminating inhumane conditions facilities that do not meet primary in- waiting to be charged or tried. where such assistance would be appro- dicators of health, sanitation, and safe- It is common in prisons from Latin priate and beneficial. ty, and for other purposes; to the Com- America to the Middle East, Africa, For countries that are not making mittee on Foreign Relations. and Asia for inmates to be severely significant efforts to eliminate such

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.052 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6463 conditions, the Secretary is to enter is another example of how two Sen- retary is also directed to designate and into consultations with their govern- ators and two Representatives, of dif- task a Deputy Assistant Secretary of ment to achieve the purposes of the ferent parties, whose political views State within the Bureau of Democracy, Act. often differ, can work together in fur- Human Rights and Labor with the re- The legislation also provides for therance of a just cause. sponsibility for gathering the informa- training of Foreign Service Officers, Mr. INHOFE. Mr. President, it is tion for the annual report and make and directs the Secretary to designate, with great pleasure that I introduce recommendations to the Secretary within the Department of State’s Bu- the Foreign Prison Conditions Im- based off its conclusions. reau for Democracy, Human Rights, provement Act along with my friend I have visited Africa frequently, and and Labor, an official with responsi- from Vermont, Senator PATRICK I believe that given the chance, the bility for implementing the provisions LEAHY. majority of Africa’s leaders will wel- of the Act. This bill seeks to identify and elimi- come the opportunity to interact with Finally, it authorizes the expenditure nate unhealthy and unsafe prison con- our embassy and consulate personnel of funds to implement the Act. ditions found in developing countries and adopt the best practices for achiev- Once enacted, the Foreign Prison like Haiti and on the African continent ing the elimination of unhealthy and Conditions Improvement Act of 2012 where millions suffer in inhumane con- unsafe conditions in their prisons and will help foreign governments ensure ditions. other detention facilities. that prisoners in their countries are Overcrowded, unsanitary detention The task at hand reminds me of the treated as any people deprived of their and incarceration facilities endanger teaching of Jesus in Matthew 25:39:40 freedom should be—as human beings, lives. This extremely high risk envi- when he said, ‘‘when did we see you with dignity, in safety, and provided ronment is a breeding ground for dis- sick or in prison and visit you?’’ And the basic necessities of life. ease, particularly HIV/AIDs and tuber- the King will answer them, ‘Truly, I In countries around the world, the culosis, and creates grave risks to com- say to you, as you did it to one of the United States is helping to reform jus- munities in which released prisoners least of these my brothers, you did it tice systems and strengthen the rule of live. Studies estimate that HIV infec- to me.’ ’’ law. No justice system can claim to de- tion rates in prisons in developing We are all our brothers’ keepers. liver justice if prisoners and other de- countries can be as much as 50 times f tainees are treated like animals, or higher than in the general population, worse. By helping to change attitudes, and tuberculosis infection rates in pris- SUBMITTED RESOLUTIONS and showing how with relatively little ons there are more than 20 times high- money prison conditions can be signifi- er than in the general population. SENATE RESOLUTION 559—HON- cantly improved, we can help advance Our bill encourages these developing ORING REAR ADMIRAL JONA- the cause of justice more broadly. nations to provide humane and sani- THAN W. BAILEY FOR HIS LIFE- Millions of people around the world tary prison conditions so that pris- TIME OF SELFLESS COMMIT- look to the United States as a defender oners can be released in good health, MENT AND EXEMPLARY SERVICE of justice. This legislation will further and thus stem one of the causes of the TO THE UNITED STATES that goal and it reflects the best in- spread of HIV and tuberculosis among stincts of the American people. It has the general public. Our bill also focuses Mr. BEGICH (for himself and Ms. already been endorsed by a wide range on eliminating excessive pre-trial de- SNOWE) submitted the following resolu- of groups, including Amnesty Inter- tention and dysfunctional justice sys- tion; which was referred to the Com- national, USA; Baptist World Alliance, tems which frequently result in pris- mittee on Commerce, Science, and Division of Freedom and Justice; Eth- oners and other detainees spending Transportation: ics and Religious Liberty Commission years in unhealthy prison conditions S. RES. 559 of the Southern Baptist Convention; before their cases are even adjudicated. Whereas Rear Admiral Jonathan W. Bai- Human Rights First; Human Rights Tragically, inadequate, misplaced or ley, the Director of the National Oceanic and Watch; International CURE; Inter- lost records often result in the incar- Atmospheric Administration (referred to in national Justice Mission; International cerated being held indefinitely because this preamble as ‘‘NOAA’’) Commissioned Of- Prison Chaplains’ Association; Jewish their cases have never been heard. Un- ficer Corps (referred to in this preamble as Council for Public Affairs; Just Deten- believably, such poor recordkeeping the ‘‘NOAA Corps’’), retires from the NOAA Corps on September 30, 2012, after 32 distin- tion International; Justice Fellowship/ has kept many in prison long after guished years of service; Prison Fellowship Ministries; National their sentences have been served. Whereas Rear Admiral Bailey was ap- Association of Evangelicals; National Specifically, our bill calls upon the pointed Director of the NOAA Corps by Sec- Religious Campaign Against Torture; Department of State to submit to Con- retary of Commerce Carlos M. Gutierrez on New Evangelical Partnership for the gress an annual report that describes October 1, 2007, after nomination for the po- Common Good; Open Society Policy inhuman prison conditions in at least sition by President George W. Bush and con- Center; Penal Reform International; 30 countries receiving U.S. foreign as- firmation by the United States Senate; Religious Action Center of Reform Ju- sistance. It gives the Secretary of Whereas Rear Admiral Bailey has com- manded with distinction and provided excep- daism; United Methodist Church, Gen- State and Administrator of the U.S. tional leadership to the NOAA Corps since eral Board of Church and Society; and Agency for International Development 2007, and has upheld the NOAA Corps values the United States Conference of Catho- the discretion to restructure, repro- of honor, respect, and commitment; lic Bishops. I want to thank these gram or reduce U.S. foreign assistance Whereas Rear Admiral Bailey has had a groups for their support and their ef- to these countries based upon whether balanced operational career, with 7 years of forts to focus attention on this urgent they are making ‘‘significant efforts’’ sea duty and almost 9 years of flight duty pi- problem. to eliminate inhuman conditions in loting aircraft for NOAA; Identical legislation is being intro- their prisons and other detention fa- Whereas Rear Admiral Bailey played a critical role in developing innovative strate- duced today in the House by Represent- cilities. gies to improve the NOAA Corps workforce; atives CHRIS SMITH and RUSS CARNA- The goals of this bill are noble, but it Whereas Rear Admiral Bailey oversaw the HAN, both of whom care deeply about will take close monitoring and hard aerial- and ground-based mapping operations this issue, so this is a bipartisan, bi- work by our U.S. Foreign Service per- by NOAA that aided search and recovery ef- cameral effort. sonnel on the ground overseas to fulfill forts at the World Trade Center and Pen- Finally, I want to thank Senator this work. That is why our bill directs tagon after the September 11, 2001, terrorist INHOFE, who has visited many African the Secretary of State to provide train- attacks; countries and has witnessed the prob- ing to these embassy and consulate Whereas Rear Admiral Bailey has ensured lems this legislation seeks to address, personnel so that they can effectively that the NOAA Corps provides NOAA with a cadre of officers trained in engineering and as well as his staff, who have been very investigate and assess prison condi- science who operate ships, fly aircraft, man- helpful in this process. At a time when tions in foreign prisons as well as as- age research projects, conduct diving oper- some people seem to get satisfaction sist these foreign governments to adopt ations, and serve in staff positions through- from calling Washington broken, this substantive prison reforms. The Sec- out NOAA;

VerDate Mar 15 2010 06:58 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.048 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6464 CONGRESSIONAL RECORD — SENATE September 19, 2012 Whereas Rear Admiral Bailey, during his with nearly 23,000 total casualties, rep- Native Americans by enhancing health care tenure as Director of the NOAA Corps, has resenting 25 percent of the Union force, and services, increasing law enforcement re- also served as the Director of the NOAA Of- 31 percent of the Confederate force; sources, and approving settlements of litiga- fice of Marine and Aviation Operations, en- Whereas the tactical result of the battle tion involving Indian tribes and the United suring that one of the largest civilian re- was inconclusive, as each side maintained States; search fleets of ships and aircraft in the position until the bitter end; Whereas Congress is committed to improv- United States was modernized and prepared Whereas on September 18, 1862, as the op- ing the housing conditions and socio- to support the NOAA mission of science, posing armies gathered the wounded and bur- economic status of Native Americans; service, and stewardship; ied the dead, General Lee withdrew the Con- Whereas the United States is committed to Whereas Rear Admiral Bailey was nomi- federate Army back across the Potomac strengthening the government-to-govern- nated by President Barack Obama to serve River into Virginia, ending the invasion; ment relationship that it has maintained as a Commissioner on the Mississippi River Whereas the Battle of Antietam pitted with the various Indian tribes; Commission; and Marylanders on opposite sides of the fight- Whereas Congress has recognized the con- Whereas, as NOAA bids fair winds and fol- ing, emblematic of national division of the tributions of the Iroquois Confederacy, and lowing seas to Rear Admiral Bailey, it is ap- Civil War pitting ‘‘brother against brother’’; its influence on the Founding Fathers in the propriate that he be remembered for his ex- Whereas the people of the United States drafting of the Constitution of the United ceptional and tireless service to the United honor those Marylanders and others who val- States with the concepts of freedom of States and commended for his enviable list iantly fought in the Civil War, endured the speech, the separation of governmental pow- of career accomplishments: Now, therefore, hardships brought on by the conflict, and ers, and the system of checks and balances be it who made the ultimate sacrifice to form a between the branches of government; Resolved, That the Senate recognizes and more perfect Union; and Whereas with the enactment of the Native honors Rear Admiral Jonathan W. Bailey of Whereas during the sesquicentennial of the American Heritage Day Act of 2009 (Public the National Oceanic and Atmospheric Ad- Maryland Campaign, it is fitting that the Law 111–33; 123 Stat. 1922), Congress— ministration Commissioned Officer Corps, on National Park Service, the Maryland Herit- (1) reaffirmed the government-to-govern- behalf of a grateful United States, for his age Areas Authority, and all others involved ment relationship between the United States lifetime of selfless commitment and exem- recognize the bravery and steadfast deter- and Native American governments; and plary service. mination of the Marylanders and all people (2) recognized the important contributions affected by the Civil War: Now, therefore, be of Native Americans to the culture of the f it United States; SENATE RESOLUTION 560—COM- Resolved, That the Senate— Whereas Native Americans have made dis- MEMORATING THE 150TH ANNI- (1) commemorates the 150th anniversary of tinct and important contributions to the the Maryland Campaign of the Civil War, United States and the rest of the world in VERSARY OF THE MARYLAND culminating in the Battle of Antietam; and many fields, including the fields of agri- CAMPAIGN DURING THE CIVIL (2) recognizes the dedication and commit- culture, medicine, music, language, and art, WAR ment of the National Park Service, the and Native Americans have distinguished Mr. CARDIN (for himself and Ms. MI- Maryland Heritage Areas Authority, and all themselves as inventors, entrepreneurs, spir- others involved, for preserving the heritage itual leaders, and scholars; KULSKI) submitted the following resolu- and promoting the rich history of the United Whereas Native Americans have served tion; which was referred to the Com- States. with honor and distinction in the Armed mittee on Energy and Natural Re- f Forces of the United States, and continue to sources: serve in the Armed Forces in greater num- S. RES. 560 SENATE RESOLUTION 561—RECOG- bers per capita than any other group in the Whereas because of geographic position, NIZING NATIONAL NATIVE United States; Maryland and the citizens of Maryland AMERICAN HERITAGE MONTH Whereas the United States has recognized played a key role in the military and polit- AND CELEBRATING THE HERIT- the contribution of the Native American ical struggles of the Civil War; AGES AND CULTURES OF NA- code talkers in World War I and World War Whereas during the conflict, controlling TIVE AMERICANS AND THE CON- II, who used indigenous languages as an un- Maryland was key due to the proximity to breakable military code, saving countless TRIBUTIONS OF NATIVE AMERI- Americans; and Washington D.C., the fact that Maryland CANS TO THE UNITED STATES shared a border with Virginia and the States Whereas the people of the United States still remaining in the Union, and the posi- Mr. AKAKA (for himself, Mr. BAR- have reason to honor the great achievements tion of Baltimore as a key railroad link to RASSO, Mr. INOUYE, Mr. CRAPO, Mr. and contributions of Native Americans and the West; JOHNSON of South Dakota, Ms. MUR- their ancestors: Now, therefore, be it Whereas, on September 4, 1862, General KOWSKI, Ms. CANTWELL, Mr. TESTER, Resolved, That the Senate— (1) recognizes the month of November 2012 Robert E. Lee led his Confederate Army of Mr. FRANKEN, Mr. UDALL of New Mex- as National Native American Heritage northern Virginia across the Potomac River ico, and Mr. JOHANNS) submitted the near Leesburg, Virginia into Maryland, Month; following resolution; which was re- (2) recognizes the Friday after Thanks- marking first invasion by General Lee of the ferred to the Committee on Indian Af- North during the Civil War; giving as ‘‘Native American Heritage Day’’ Whereas, on September 7, 1862, General fairs. in accordance with the Native American Her- George B. McClellan moved the Union Army S. RES. 561 itage Day Act of 2009 (Public Law 111–33; 123 of the Potomac forces out of Washington Whereas from November 1, 2012, through Stat. 1922); and D.C. in pursuit; November 30, 2012, the United States cele- (3) urges the people of the United States to Whereas, over the ensuing 2 weeks, pitched brates National Native American Heritage observe National Native American Heritage battles were fought in Harper’s Ferry and Month; Month and Native American Heritage Day Shepardstown in West Virginia and South Whereas Native Americans are descendants with appropriate programs and activities. Mountain and Antietam in Maryland, as the of the original, indigenous inhabitants of Mr. AKAKA. Mr. President, as Chair- 2 forces confronted one another amidst the what is now the United States; man of the Committee on Indian Af- Appalachian Mountains; Whereas the United States Bureau of the fairs, I am sponsoring a resolution, co- Whereas on September 17, 1862, the climax Census estimated in 2009 that there were al- sponsored by Senators BARRASSO, of the Maryland Campaign took place on the most 5,000,000 individuals in the United INOUYE, CRAPO, JOHNSON of South Da- banks of Antietam Creek, near the town of States of Native American descent; kota, MURKOWSKI, CANTWELL, TESTER, Sharpsburg, Maryland; Whereas Native Americans maintain vi- FRANKEN, and UDALL of New Mexico, Whereas on September 17, 1862, fighting brant cultures and traditions and hold a began before dawn when Union forces ad- deeply rooted sense of community; designating November as National Na- vanced on Confederate defensive positions Whereas Native Americans have moving tive American Heritage Month and No- behind Antietam Creek, launching 3 assaults stories of tragedy, triumph, and persever- vember 23rd of this year as Native along the Cornfield, East Woods, West ance that need to be shared with future gen- American Heritage Day. Woods, and Sunken Road for 8 hours; erations; This resolution recognizes the con- Whereas the brutal fighting to cross Whereas Native Americans speak and pre- tributions of Native Americans and Burnside Bridge and into Sharpsburg lasted serve indigenous languages, which have con- their cultures to our country, recog- until the afternoon and both armies suffered tributed to the English language by being nizes Congress’ commitment to im- heavy casualties, ending the combat after a used as names of individuals and locations gruesome 12 hours; throughout the United States; proving the socioeconomic status of Whereas both sides engaged in slow, savage Whereas Congress has recently reaffirmed Native Americans, and reaffirms the fighting at close range, resulting in the sin- its support of tribal self-governance and its unique, government-to-government re- gle bloodiest day of war in American history, commitment to improving the lives of all lationship between Native governments

VerDate Mar 15 2010 06:58 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.053 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6465 and the United States. This resolution SENATE RESOLUTION 563—DESIG- SENATE RESOLUTION 564—DESIG- encourages the people of the United NATING DECEMBER 3, 2012, AS NATING THE MONTH OF OCTO- States to observe National Native ‘‘NATIONAL PHENYLKETONURIA BER 2012 AS ‘‘NATIONAL MEDI- American Heritage Month and Native AWARENESS DAY’’ CINE ABUSE AWARENESS American Heritage Day. Mr. ISAKSON (for himself and Mr. MONTH’’ I call upon all of my colleagues to KERRY) submitted the following resolu- Mrs. FEINSTEIN (for herself, Mr. stand with me in support of this resolu- tion; which was considered and agreed GRASSLEY, Mr. SCHUMER, Mr. UDALL of tion. to: New Mexico, Mr. BLUMENTHAL, Mr. S. RES. 563 PORTMAN, Mr. COONS, Mr. ROCKE- f Whereas phenylketonuria is a rare, inher- FELLER, Mr. CORNYN, Mr. MANCHIN, Mr. ited metabolic disorder that is characterized WHITEHOUSE, Mr. DURBIN, and Mr. SENATE RESOLUTION 562—DESIG- by the inability of the body to process the CASEY) submitted the following resolu- NATING THE WEEK BEGINNING essential amino acid phenylalanine, and tion; which was considered and agreed ON SEPTEMBER 10, 2012 AND which causes mental retardation and other to: neurological problems, such as memory loss S. RES. 564 ENDING ON SEPTEMBER 14, 2012 and mood disorders, when treatment is not AS ‘‘NATIONAL HEALTH INFOR- started within the first few weeks of life; Whereas over-the-counter and prescription MATION TECHNOLOGY WEEK’’ TO Whereas newborn screening for phenyl- medicines approved by the Food and Drug RECOGNIZE THE VALUE OF ketonuria was initiated in the United States Administration have been determined to be HEALTH INFORMATION TECH- in 1963 and was mandated by the Newborn safe and effective when used properly; NOLOGY IN IMPROVING HEALTH Screening Saves Life Act of 2008 (42 U.S.C. Whereas the misuse or abuse of these medi- cines can be extremely dangerous and QUALITY 201 note); Whereas approximately 1 of every 15,000 in- produce serious side effects; Ms. STABENOW (for herself and Ms. fants in the United States is born with Whereas the Office of National Drug Con- SNOWE) submitted the following resolu- phenylketonuria; trol Policy reports that medicine abuse is tion; which was considered and agreed Whereas the 2012 Phenylketonuria Sci- the fastest-growing drug problem in the to: entific Review Conference affirmed the rec- United States, and the Centers for Disease ommendation of lifelong dietary treatment Control and Prevention has classified medi- S. RES. 562 for phenylketonuria made by the National cine abuse as an epidemic; Whereas healthcare information tech- Institutes of Health Consensus Development Whereas the 2011 Monitoring the Future nology and management systems have been Conference Statement 2000; survey, funded by the National Institutes of recognized as essential tools for improving Whereas adults with phenylketonuria who Health, and the 2011 National Survey on patient care, ensuring patient safety, stop- discontinue treatment are at risk for other Drug Use and Health, sponsored by the Sub- ping duplicative tests and paperwork, and re- serious medical issues such as depression, stance Abuse and Mental Health Services ducing healthcare costs; impulse control disorder, phobias, tremors, Administration, both illustrate that, after Whereas the Center for Information Tech- and pareses; marijuana, over-the-counter and prescrip- nology Leadership has estimated that the Whereas women with phenylketonuria tion medicines account for the most fre- implementation of national standards for must maintain strict metabolic control be- quently abused drugs among 12th graders; interoperability and the exchange of health fore and during pregnancy to prevent fetal Whereas the access teenagers often have to information would save the United States damage; prescription medicines in home medicine approximately $77,000,000,000 in expenses re- Whereas children born from untreated cabinets and the lack of understanding by lating to healthcare each year; mothers with phenylketonuria may have a teenagers of the potential harms of these Whereas Congress has made a commitment condition known as maternal PKU syn- powerful medicines make it more critical to leveraging the benefits of healthcare in- drome, which can cause small brains, mental than ever to raise public awareness about formation technology and management sys- retardation, birth defects of the heart, and the dangers of medicine abuse; tems, including supporting the adoption of low birth weight; Whereas the Drug Enforcement Adminis- electronic health records that will help to re- Whereas phenylketonuria is treated with tration and many State and local law en- duce costs and improve quality while ensur- medical food; forcement agencies have established drug ing the privacy of patients; Whereas, although there is no cure for disposal programs (commonly referred to as Whereas the ability to exchange health in- phenylketonuria, a treatment involving ‘‘take-back programs’’) to facilitate the col- formation confidently and securely between medical food and restricting phenylalanine lection and destruction of unused, unwanted, different providers, systems, and insurers is intake can prevent progressive, irreversible or expired medications, thereby helping to critical to transforming the healthcare de- brain damage; take outdated or unused medications off livery system of the United States to im- Whereas maintaining a strict medical diet household shelves and out of the reach of prove clinical outcomes for patients, control for phenylketonuria can be difficult to children and teenagers; costs, and expand access to care through the achieve, and poor metabolic control can re- Whereas National Medicine Abuse Aware- use of technology; sult in a significant decline in mental and ness Month promotes the message that over- Whereas Congress has made real-time behavioral performance; the-counter and prescription medicines are health information exchange a priority and Whereas access to health coverage for med- to be taken only as labeled or prescribed, and an essential component of the Medicare and ical food varies across the United States, and that using such medicines to get high or in Medicaid Electronic Health Records Incen- the long-term costs associated with caring large doses can cause serious or life-threat- tive Programs; for untreated children and adults far exceed ening consequences; Whereas Congress has emphasized improv- the cost of providing medical food treat- Whereas observance of National Medicine ing the quality and safety of delivery of ment; Abuse Awareness Month should be encour- healthcare in the United States; and Whereas scientists and researchers are aged at the national, state, and local levels Whereas, since 2006, organizations across hopeful that breakthroughs in phenyl- to increase awareness of the abuse of medi- the United States have united to support Na- ketonuria research will be forthcoming; cines; tional Health Information Technology Week Whereas researchers across the United Whereas a nationwide prevention and edu- to improve public awareness of the benefits States are conducting important research cation campaign has been launched by the of improved quality and cost efficiency of projects involving phenylketonuria; and national organization that represents 5,000 the healthcare system that the implementa- Whereas the Senate is an institution that anti-drug coalitions nationwide, along with tion of health information technology could can raise awareness of phenylketonuria the association representing makers of over- achieve: Now, therefore, be it among the general public and the medical the-counter medicines, to provide local coa- Resolved, That the Senate— community: Now, therefore, be it litions with tools, training, and outreach (1) designates the week beginning on Sep- Resolved, That the Senate— strategies to engage and educate parents, tember 10, 2012 and ending on September 14, (1) designates December 3, 2012, as ‘‘Na- grandparents, teachers, law enforcement of- 2012 as ‘‘National Health Information Tech- tional Phenylketonuria Awareness Day’’; ficials, retailers, doctors, and other nology Week’’; (2) encourages all people in the United healthcare professionals about the potential (2) recognizes the value of information States to become more informed about harms of cough medicine abuse; and technology and management systems in phenylketonuria; and Whereas educating the public about the transforming healthcare for the people of the (3) respectfully requests that the Secretary dangers of medicine abuse, encouraging par- United States; and of the Senate transmit a copy of this resolu- ents to talk about medicine abuse with their (3) calls on all interested parties to pro- tion to the National PKU Alliance, a non- teenagers, mobilizing parents to safeguard mote the use of information technology and profit organization dedicated to improving their home medicine cabinets, and pro- management systems to transform the the lives of individuals with phenyl- moting abuse prevention are critical compo- healthcare system of the United States. ketonuria. nents of what must be a multi-pronged effort

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.053 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6466 CONGRESSIONAL RECORD — SENATE September 19, 2012 to curb over-the-counter and prescription writing in the lives of the people of the Whereas scientific study leads to better medicine abuse: Now, therefore, be it United States; and understanding of the benefits of estuaries to Resolved, That the Senate— (4) encourages educational institutions, human and ecological communities; (1) designates the month of October 2012 as businesses, community and civic associa- Whereas the Federal Government, State, ‘‘National Medicine Abuse Awareness tions, and other organizations to promote local, and tribal governments, national and Month’’; and awareness of the National Day on Writing community organizations, and individuals (2) urges communities to carry out appro- and celebrate the writing of the members work together to effectively manage the es- priate programs and activities to educate those organizations through individual sub- tuaries of the United States; parents and youth of the potential dangers missions to the National Gallery of Writing. Whereas estuary restoration efforts restore associated with medicine abuse. f natural infrastructure in local communities in a cost effective manner, helping to create f SENATE RESOLUTION 566—DESIG- jobs and reestablish the natural functions of SENATE RESOLUTION 565—EX- NATING SEPTEMBER 29, 2012, AS estuaries that yield countless benefits; and PRESSING SUPPORT FOR THE ‘‘NATIONAL ESTUARIES DAY’’ Whereas September 29, 2012, has been des- DESIGNATION OF OCTOBER 20, Mr. WHITEHOUSE (for himself, Mr. ignated as ‘‘National Estuaries Day’’ to in- crease awareness among all people of the AKAKA, Mr. BLUMENTHAL, Mrs. BOXER, 2012, AS THE ‘‘NATIONAL DAY ON United States, including Federal, State and WRITING’’ Mr. BROWN of Massachusetts, Mr. local government officials, about the impor- CARDIN, Ms. COLLINS, Mrs. FEINSTEIN, Mr. CASEY (for himself, Mr. ROB- tance of healthy estuaries and the need to Mrs. GILLIBRAND, Mr. KERRY, Ms. LAN- ERTS, Mr. SANDERS, Mr. BROWN of Ohio, protect and restore estuaries: Now, there- DRIEU, Mr. LAUTENBERG, Mr. LIEBER- fore, be it and Mr. AKAKA) submitted the fol- MAN, Ms. MIKULSKI, Mrs. MURRY, Mr. Resolved, That the Senate— lowing resolution; which was consid- REED, Mr. SESSIONS, Mrs. SHAHEEN, Mr. (1) designates September 29, 2012, as ‘‘Na- ered and agreed to: WARNER, Mr. WEBB, Mr. WYDEN, and tional Estuaries Day’’; S. RES. 565 Mr. MENENDEZ) submitted the fol- (2) supports the goals and ideals of Na- Whereas people in the 21st century are writ- lowing resolution; which was consid- tional Estuaries Day; (3) acknowledges the importance of estu- ing more than ever before for personal, pro- ered and agreed to: fessional, and civic purposes; aries to sustaining employment and the eco- S. RES. 566 Whereas the social nature of writing in- nomic well-being and prosperity of the vites people of every age, profession, and Whereas the estuary regions of the United United States; walk of life to create meaning through com- States comprise a significant share of the (4) recognizes that persistent threats un- posing; national economy, with 53 percent of the dermine the health of the estuaries of the Whereas more and more people in every oc- population, 40 percent of the employment, United States; and 49 percent of the economic output of the cupation deem writing as essential and influ- (5) applauds the work of national and com- United States located in the estuary regions ential in their work; munity organizations and public partners of the United States; Whereas writers continue to learn how to that promote public awareness, under- Whereas projections indicate that 75 per- write for different purposes, audiences, and standing, protection, and restoration of estu- cent of the total population of the United occasions throughout their lifetimes; aries; States will live and work in coastal counties Whereas developing digital technologies (6) reaffirms the support of the Senate for by 2025; expand the possibilities for composing in estuaries, including the scientific study, Whereas coasts and estuaries contribute multiple media at a faster pace than ever be- preservation, protection, and restoration of more than $800,000,000,000 annually in trade fore; estuaries; and and commerce to the United States econ- Whereas young people are leading the way (7) expresses the intent of the Senate to omy; continue working to understand, protect, in developing new forms of composing by Whereas more than 43 percent of all adults using different forms of digital media; and restore the estuaries of the United in the United States visit a sea coast or estu- States. Whereas effective communication contrib- ary at least once a year to participate in utes to building a global economy and a some form of recreation, generating f global community; $8,000,000,000 to $12,000,000,000 in revenue an- SENATE RESOLUTION 567—HON- Whereas the National Council of Teachers nually; of English, in conjunction with its many na- ORING THE LIFE AND CAREER Whereas more than 28,000,000 jobs in the OF GEORGE HICKMAN tional and local partners, honors and cele- United States are supported by commercial brates the importance of writing through the and recreational fishing, boating, tourism, Ms. CANTWELL (for herself and Mrs. National Day on Writing; and other coastal industries that rely on MURRAY) submitted the following reso- Whereas the National Day on Writing cele- healthy estuaries; lution; which was considered and brates the foundational place of writing in Whereas estuaries provide vital habitat for agreed to: the personal, professional, and civic lives of countless species of fish and wildlife, includ- S. RES. 567 the people of the United States; ing many that are listed as threatened or en- Whereas the National Day on Writing pro- dangered; Whereas George Hickman was renowned as vides an opportunity for individuals across Whereas estuaries provide critical eco- a Tuskegee Airman, a treasured leader in the the United States to share and exhibit their system services that protect human health Seattle community, and the lucky charm of written works through the National Gallery and public safety, including water filtration, Seattle sports until his passing on August 19, of Writing; flood control, shoreline stabilization and 2012, at the age of 88; Whereas the National Day on Writing high- erosion prevention, and the protection of Whereas George Hickman leaves behind a lights the importance of writing instruction coastal communities during extreme weath- loving wife of 57 years, Doris, 4 children, Re- and practice at every educational level and er events; gina, Sherie, Vincent, and Shauneil, 3 grand- in every subject area; Whereas the United States has lost more children, and 1 great-grandchild; Whereas the National Day on Writing em- than 110,000,000 acres, or 50 percent, of the Whereas George Hickman served as a phasizes the lifelong process of learning to wetland of the United States since the first Tuskegee Airman and was one of the first Af- write and compose for different audiences, European settlers arrived; rican-American fighter pilots trained for purposes, and occasions; Whereas bays once filled with fish and oys- World War II; Whereas the National Day on Writing hon- ters have become dead zones filled with ex- Whereas George Hickman served in the ors the use of the full range of media for cess nutrients, chemical wastes, harmful United States Army Air Corps from 1943 to composing, from traditional tools like print, algae, and marine debris; 1945; audio, and video, to Web 2.0 tools like blogs, Whereas changes in sea level can impact Whereas the honorable service of George wikis, and podcasts; and estuarine water quality and estuarine habi- Hickman and the other Tuskegee Airmen di- Whereas the National Day on Writing en- tat; rectly led to the desegregation of the Armed courages all people of the United States to Whereas the Coastal Zone Management Forces of the United States; write, as well as to enjoy and learn from the Act of 1972 (16 U.S.C. 1451 et seq.) declares Whereas George Hickman received the writing of others: Now, therefore, be it that it is the national policy to preserve, Congressional Gold Medal in 2007 with his Resolved, That the Senate— protect, develop, and if possible, to restore or fellow Tuskegee Airmen; (1) supports the designation of October 20, enhance, the resources of the coastal zone of Whereas George Hickman was a special 2012, as the ‘‘National Day on Writing’’; the United States, including estuaries, for guest along with nearly 200 other Tuskegee (2) strongly affirms the purposes of the Na- current and future generations; Airmen at the 2009 inauguration of President tional Day on Writing; Whereas 24 coastal and Great Lake States Barack Obama; (3) encourages participation in the Na- and territories of the United States contain Whereas George Hickman worked as a B–52 tional Galley of Writing, which serves as an a National Estuary Program or a National engineer for Boeing from 1955 until his re- exemplary living archive of the centrality of Estuarine Research Reserve System; tirement in 1984;

VerDate Mar 15 2010 06:58 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.041 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6467 Whereas George Hickman was a beloved SENATE RESOLUTION 569—DESIG- education, is of great benefit to the United usher at University of Washington athletic NATING THE WEEK BEGINNING States: Now, therefore, be it events for more than 40 years; and OCTOBER 21, 2012, AS ‘‘NATIONAL Resolved, That the Senate— Whereas George Hickman also was a fan fa- CHARACTER COUNTS WEEK’’ (1) designates the week beginning October vorite as an usher at Seattle Seahawks 21, 2012, as ‘‘National Character Counts games for nearly a decade: Now, therefore, be Mr. GRASSLEY (for himself, Mr. Week’’; and it LEVIN, Mr. LIEBERMAN, Mrs. MURRAY, (2) calls upon the people of the United Resolved, That the Senate— Mr. ALEXANDER, Mr. ENZI, Mr. COCH- States and interested groups— (1) commends the long and loving life of RAN, Mr. BLUNT, Ms. LANDRIEU, and Ms. (A) to embrace the elements of character George Hickman, his service to the United identified by local schools and communities, STABENOW) submitted the following States as a Tuskegee Airman, and his role as such as trustworthiness, respect, responsi- an aviation pioneer; resolution; which was considered and bility, fairness, caring, and citizenship; and (2) recognizes the service George Hickman agreed to: (B) to observe the week with appropriate performed for his country and his signifi- S. RES. 569 ceremonies, programs, and activities. cance as a role model for African-American Whereas the well-being of the United f military pilots; States requires that the young people of the (3) recognizes the contributions of the United States become an involved, caring SENATE RESOLUTION 570—DESIG- greatest generation who fought for the free- citizenry of good character; NATING NOVEMBER 8, 2012, AS doms of the people of the United States; and Whereas the character education of chil- ‘‘NATIONAL PARENTS AS TEACH- (4) respectfully requests that the Secretary dren has become more urgent, as violence by ERS DAY’’ of the Senate transmit an enrolled copy of and against youth increasingly threatens the this resolution for appropriate display to physical and psychological well-being of the Mr. BLUNT (for himself and Mrs. MUR- Doris Hickman, the University of Wash- people of the United States; RAY) submitted the following resolu- ington Athletic Department, and the Seattle Whereas, more than ever, children need tion; which was considered and agreed Seahawks organization. strong and constructive guidance from their to: f families and their communities, including S. RES. 570 schools, youth organizations, religious insti- tutions, and civic groups; Whereas all 50 States and 7 other countries SENATE RESOLUTION 568—DESIG- provide services through the Parents as NATING THE WEEK BEGINNING Whereas the character of a nation is only as strong as the character of its individual Teachers evidence-based home visiting SEPTEMBER 16, 2012, AS ‘‘NA- model for nearly 260,000 children annually, TIONAL HISPANIC-SERVING IN- citizens; Whereas the public good is advanced when which offers a multifaceted approach to STITUTIONS WEEK’’ young people are taught the importance of building strong families and promoting a positive parent-child interaction so children Mr. MENENDEZ (for himself, Mr. good character and the positive effects that good character can have in personal relation- are healthy, safe, and ready to learn; CORNYN, Mr. REID, Mr. BEGICH, Mrs. Whereas Parents as Teachers provides evi- MURRAY, Mr. UDALL of Colorado, Mr. ships, in school, and in the workplace; Whereas scholars and educators agree that dence-and research-based training that as- UDALL of New Mexico, Mrs. HUTCHISON, people do not automatically develop good sists parent educators in developing pro- Mr. HELLER, Mr. ENZI, Mr. CRAPO, Mr. character and that, therefore, conscientious ficiencies in— NELSON of Florida, Mr. SCHUMER, Mr. efforts must be made by institutions and in- (1) family support and parenting education; BENNET, Ms. MURKOWSKI, Mr. BINGA- dividuals that influence youth to help young (2) child and family development; (3) human diversity within family systems; MAN, Mrs. BOXER, Mr. DURBIN, Mr. people develop the essential traits and char- acteristics that comprise good character; (4) health, safety, and nutrition; and RUBIO, Mr. COONS, Mr. LAUTENBERG, (5) relationships between families and com- and Mrs. FEINSTEIN) submitted the fol- Whereas, although character development is, first and foremost, an obligation of fami- munities; lowing resolution; which was consid- Whereas the Parents as Teachers evidence- ered and agreed to: lies, the efforts of faith communities, schools, and youth, civic, and human service based home visiting model is an essential S. RES. 568 organizations also play an important role in component to prepare children to be school Whereas Hispanic-serving institutions play fostering and promoting good character; ready and narrows the achievement gap be- an important role in educating many under- Whereas Congress encourages students, tween children in poverty and nonpoverty privileged students and helping those stu- teachers, parents, youth, and community households; and dents attain their full potential through leaders to recognize the importance of char- Whereas there are more than 3,000 organi- higher education; acter education in preparing young people to zations offering Parents as Teachers services Whereas Hispanic-serving institutions are play a role in determining the future of the across the United States and around the degree-granting institutions that have a full- United States; world, which give parents of young children time equivalent undergraduate enrollment of Whereas effective character education is the support and information necessary so all at least 25 percent Hispanic students; based on core ethical values, which form the children will learn, grow, and develop to re- Whereas there are more than 300 Hispanic- foundation of a democratic society; alize their full potential: Now, therefore, be serving institutions in operation in the Whereas examples of character are trust- it United States; worthiness, respect, responsibility, fairness, Resolved, That the Senate— Whereas Hispanic-serving institutions caring, citizenship, and honesty; (1) designates the November 8, 2012, as ‘‘Na- serve more than half (54 percent) of all His- Whereas elements of character transcend tional Parents as Teachers Day’’; panic students, enrolling more than 1,300,000 cultural, religious, and socioeconomic dif- (2) recognizes the importance of parent students in 2010; ferences; education and the role the education plays in Whereas Hispanic-serving institutions are Whereas the character and conduct of our the development of a child; and actively involved in stabilizing and improv- youth reflect the character and conduct of (3) commends Parents as Teachers for its ing the communities in which the Hispanic- society, and, therefore, every adult has the work with families across the United States. serving institutions are located; responsibility to teach and model ethical f Whereas celebrating the vast contributions values and every social institution has the of Hispanic-serving institutions to the responsibility to promote the development of AMENDMENTS SUBMITTED AND United States strengthens the culture of the good character; PROPOSED United States; and Whereas Congress encourages individuals SA 2840. Mr. DEMINT submitted an amend- Whereas the achievements and goals of and organizations, especially those that have ment intended to be proposed by him to the Hispanic-serving institutions are deserving an interest in the education and training of joint resolution H.J. Res. 117, making con- of national recognition: Now, therefore, be it the young people of the United States, to tinuing appropriations for fiscal year 2013, Resolved, That the Senate— adopt the elements of character as intrinsic and for other purposes; which was ordered to (1) recognizes the achievements and goals to the well-being of individuals, commu- lie on the table. of Hispanic-serving institutions across the nities, and society; SA 2841. Mr. PAUL submitted an amend- United States; Whereas many schools in the United States ment intended to be proposed by him to the (2) designates the week beginning Sep- recognize the need, and have taken steps, to joint resolution H.J. Res. 117, supra; which tember 16, 2012, as ‘‘National Hispanic-Serv- integrate the values of their communities was ordered to lie on the table. ing Institutions Week’’; and into their teaching activities; and (3) calls on the people of the United States Whereas the establishment of ‘‘National f and interested groups to observe the week Character Counts Week’’, during which indi- TEXT OF AMENDMENTS with appropriate ceremonies, activities, and viduals, families, schools, youth organiza- programs to demonstrate support for His- tions, religious institutions, civic groups, SA 2840. Mr. DEMINT submitted an panic-serving institutions. and other organizations focus on character amendment intended to be proposed by

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(2) PAKISTAN.—No request under paragraph the conclusion of the debate if requested in 117, making continuing appropriations (1) may be submitted with respect to the accordance with the rules of the Senate, the for fiscal year 2013, and for other pur- Government of Pakistan until— vote on final passage of the joint resolution poses; which was ordered to lie on the (A) Dr. Shakil Afridi has been released shall occur. alive from prison in Pakistan; (D) APPEALS OF DECISIONS OF THE CHAIR.— table; as follows: (B) any criminal charges brought against Appeals from the decisions of the Chair re- On page 22, line 13, insert ‘‘for civilian Fed- Dr. Afridi, including treason, have been lating to the application of the rules of the eral computer networks’’ after ‘‘cybersecu- dropped; and Senate to the procedure relating to a joint rity activities’’. (C) if necessary to ensure his freedom, Dr. resolution described in paragraph (1) shall be Afridi has been allowed to leave Pakistan decided without debate. SA 2841. Mr. PAUL submitted an alive. (6) INAPPLICABILITY OF CERTAIN PROVI- amendment intended to be proposed by (f) EXPEDITED CONSIDERATION OF PRESI- SIONS.—In the Senate, the procedures speci- him to the joint resolution H.J. Res. DENTIAL REQUEST.— fied in paragraph (4) or (5) shall not apply to (1) IN GENERAL.—For purposes of this sub- the consideration of a joint resolution re- 117, making continuing appropriations section, the term ‘‘joint resolution’’ means for fiscal year 2013, and for other pur- specting a request— only a joint resolution introduced in the pe- (A) after the expiration of the 60 session poses; which was ordered to lie on the riod beginning on the date on which a re- days beginning with the applicable submis- table; as follows: quest under subsection (e) is received by sion date; or At the appropriate place, insert the fol- Congress and ending 60 days thereafter (ex- (B) if the request submitted under sub- lowing: cluding days either House of Congress is ad- section (e) was submitted during the period journed for more than 3 days during a ses- SEC. ll. LIMITATION ON FOREIGN ASSISTANCE. beginning on the date occurring— sion of Congress), the matter after the re- (a) PROHIBITION.—No amounts may be obli- (i) in the case of the Senate, 60 session solving clause of which is as follows: ‘‘That days, or gated or expended to provide any direct Congress approves the request submitted by United States assistance, loan guarantee, or (ii) in the case of the House of Representa- the President to suspend the prohibition on tives, 60 legislative days, debt relief to a Government described under foreign assistance to the Government of ll subsection (b). in effect since ll, and such prohibition before the date the Congress adjourns a ses- (b) COVERED GOVERNMENTS.—The Govern- shall have no force or effect.’’(The blank sion of Congress through the date on which ments referred to in subsection (a) are as fol- spaces being appropriately filled in). the same or succeeding Congress first con- lows: (2) REFERRAL.—A joint resolution de- venes its next session, after the expiration of (1) The Government of Libya. scribed in paragraph (1) shall be referred to the 60 session days beginning on the 15th ses- (2) The Government of Egypt. the committees in each House of Congress sion day after the succeeding session of Con- (3) The Government of Pakistan. with jurisdiction. gress first convenes. (4) The Government of a host country of a (3) SUBMISSION DATE DEFINED.—For pur- (7) RECEIPT OF JOINT RESOLUTION FROM United States diplomatic facility on the list poses of this section, the term ‘‘submission OTHER HOUSE.—If, before the passage by one submitted to Congress pursuant to sub- date’’ means the date on which a House of House of a joint resolution of that House de- section (c). Congress receives the request submitted scribed in paragraph (1), that House receives (c) DETERMINATION BY SECRETARY.—The under subsection (e). from the other House a joint resolution de- Secretary of State shall submit to Congress (4) DISCHARGE OF SENATE COMMITTEE.—In scribed in paragraph (1), then the following a list of all United States diplomatic facili- the Senate, if the committee to which is re- procedures shall apply: ties attacked, trespassed upon, breached, or ferred a joint resolution described in para- (A) The joint resolution of the other House attempted to be attacked, trespassed upon, graph (1) has not reported such joint resolu- shall not be referred to a committee. or breached on or after September 1, 2012, tion (or an identical joint resolution) at the (B) With respect to a joint resolution de- not later than 5 days after the date of enact- end of 20 calendar days after the submission scribed in paragraph (1) of the House receiv- ment of this Act and not later than 5 days date, such committee may be discharged ing the joint resolution— after any subsequent attack, trespass, from further consideration of such joint res- (i) the procedure in that House shall be the breach, or attempt. olution upon a petition supported in writing same as if no joint resolution had been re- (d) CERTIFICATION.—Beginning 90 days after by 30 Senators, and such joint resolution ceived from the other House; but the date of the enactment of this Act, the shall be placed on the calendar. (ii) the vote on final passage shall be on President may certify to Congress that— (5) SENATE CONSIDERATION OF RESOLUTION.— the joint resolution of the other House. (1) a Government described under sub- (A) MOTIONS.—In the Senate, when the (g) REPORT ON UNSECURED WEAPONS IN section (b)— committee to which a joint resolution is re- LIBYA.—Not later than 90 days after the date (A) is cooperating or has cooperated fully ferred has reported, or when a committee is of the enactment of this Act, the President with investigations into an attack, trespass, discharged (under paragraph (4)) from fur- shall submit a report to Congress examining breach, or attempted attack, trespass, or ther consideration of a joint resolution de- the extent to which advanced weaponry re- breach; scribed in paragraph (1), it is at any time maining unsecured after the fall of (B) has arrested or facilitated the arrest of, thereafter in order (even though a previous Moammar Qaddafi was used by the individ- and if requested has permitted extradition motion to the same effect has been disagreed uals responsible for the September 11, 2012, of, all identifiable persons in such country to) for a motion to proceed to the consider- attack on the United States consulate in associated with organizing, planning, or par- ation of the joint resolution, and all points Benghazi, Libya. ticipating in the attack, trespass, breach, or of order against the joint resolution (and (h) RULE OF CONSTRUCTION.—Nothing in attempted attack, trespass, or breach; against consideration of the joint resolution) this section may be construed as an author- (C) is facilitating or has facilitated any se- are waived. The motion is not subject to ization for the use of military force. curity improvements at United States diplo- amendment, or to a motion to postpone, or f matic facilities, as requested by the United to a motion to proceed to the consideration States Government; and of other business. A motion to reconsider the NOTICES OF HEARINGS (D) is taking or has taken sufficient steps vote by which the motion is agreed to or dis- COMMITTEE ON HEALTH, EDUCATION, LABOR, to strengthen and improve reliability of agreed to shall not be in order. If a motion AND PENSIONS local security in order to prevent any future to proceed to the consideration of the joint attack, trespass, or breach; and resolution is agreed to, the joint resolution Mr. HARKIN. Mr President, I wish to (2) all identifiable persons associated with shall remain the unfinished business of the announce that the Committee on organizing, planning, or participating in the Senate until disposed of. Health, Education, Labor, and Pen- attack, trespass, breach, or attempted at- (B) DEBATE.—In the Senate, debate on the sions will meet in on Thursday, Sep- tack, trespass, or breach— joint resolution, and on all debatable mo- tember 20, 2012, at 10 a.m. in room 430 (A) have been identified by the Federal Bu- tions and appeals in connection therewith, of the Dirksen Senate Office Building reau of Investigations, the Bureau of Diplo- shall be limited to not more than 10 hours, to conduct a hearing entitled ‘‘Round- matic Security, or other United States law which shall be divided equally between those enforcement entity; and favoring and those opposing the joint resolu- table Discussion: Pension Moderniza- (B) are in United States custody. tion. A motion further to limit debate is in tion for a 21st Century Workforce.’’ (e) REQUEST TO SUSPEND PROHIBITION ON order and not debatable. An amendment to, For further information regarding FOREIGN ASSISTANCE.— or a motion to postpone, or a motion to pro- this meeting, please contact Michael (1) IN GENERAL.—Except as provided under ceed to the consideration of other business, Kreps of the committee staff on (202) paragraph (2), upon submitting a certifi- or a motion to recommit the joint resolution 224–6572. cation under subsection (d) with respect to a is not in order. COMMITTEE ON INDIAN AFFAIRS Government described under subsection (b), (C) VOTE ON FINAL PASSAGE.—In the Senate, the President may submit a request to Con- immediately following the conclusion of the Mr. AKAKA. Mr. President, I would gress to suspend the prohibition on foreign debate on a joint resolution described in like to announce that the Committee assistance to the Government. paragraph (1), and a single quorum call at on Indian Affairs will meet during the

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.043 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6469 session of the Senate on September 20, COMMITTEE ON FOREIGN RELATIONS Committee on Homeland Security and 2012, in room SD–628 of the Dirksen Mr. UDALL of Colorado. Mr. Presi- Governmental Affairs’, Subcommittee Senate Office Building, at 2:15 p.m., to dent, I ask unanimous consent that the on Oversight of Government Manage- conduct a business meeting to consider Committee on Foreign Relations be au- ment, the Federal Workforce, and the the following: thorized to meet during the session of District of Columbia, be authorized to S. 65, A bill to reauthorize the pro- the Senate on September 19, 2012, at meet during the session of the Senate grams of the Department of Housing 2:15 p.m. on September 19, 2012, at 2:30 p.m., to and Urban Development for housing as- The PRESIDING OFFICER. Without conduct a hearing entitled ‘‘Investing sistance for Native Hawaiians; S. 2024, objection, it is so ordered. in an Effective Federal Workforce.’’ A bill to make technical amendment to COMMITTEE ON HEALTH, EDUCATION, LABOR, The PRESIDING OFFICER. Without the T’uf Shur Bien Preservation Trust AND PENSIONS objection, it is so ordered. Mr. UDALL of Colorado. Mr. Presi- Area Act, and for other purposes; S. f 3546, Esther Martinez Language Preser- dent, I ask unanimous consent that the vation Act Reauthorization; S. 3548, To Committee on Health, Education, PRIVILEGES OF THE FLOOR Labor, and Pensions be authorized to clarify certain provisions of the Native Mr. CARDIN. Mr. President, I ask meet during the session of the Senate American Veterans’ Memorial Estab- unanimous consent that Freny Dessai, on September 19, 2012, at 10:00 a.m. in lishment Act of 1994; and H.R. 2467, To Sarah Butler, Talitha James, Amanda room 430 of the Dirksen Senate Office take certain Federal lands in Mono Sellers, Bryan Watt, Daniel Lind, and County, California, into trust for the Building. The PRESIDING OFFICER. Without Daniel West, staff of the Finance Com- benefit of the Bridgeport Indian Col- objection, it is so ordered. mittee, be granted the privilege of the ony). floor for the duration of the consider- Those wishing additional information COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS ation of the continuing resolution. may contact the Indian Affairs Com- Mr. UDALL of Colorado. Mr. Presi- The PRESIDING OFFICER. Without mittee at (202) 224–2251. dent, I ask unanimous consent that the objection, it is so ordered. COMMITTEE ON INDIAN AFFAIRS Committee on Homeland Security and Mr. HATCH. Mr. President, I ask Mr. AKAKA. Mr. President, I would Governmental Affairs be authorized to unanimous consent that Paul like to announce that the Committee meet during the session of the Senate Schirduan, with the Homeland Secu- on Indian Affairs will meet during the on September 19, 2012, at 10 a.m. to rity Committee, be granted the privi- session of the Senate on September 20, conduct a hearing entitled ‘‘Homeland lege of the floor for the remainder of 2012, in room SD–628 of the Dirksen Threats and Agency Responses.’’ the Congress. Senate Office Building, at 2:15 p.m., to The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without conduct a hearing entitled ‘‘Advancing objection, it is so ordered. objection, it is so ordered. the Federal-Tribal Relationship COMMITTEE ON THE JUDICIARY Mr. HARKIN. Mr. President, I ask through Self-Governance and Self-De- Mr. UDALL of Colorado. Mr. Presi- unanimous consent that Mike Sobaski termination.’’ dent, I ask unanimous consent that the and Peter Visser of my staff be granted Those wishing additional information Committee on the Judiciary be author- the privilege of the floor for the dura- may contact the Indian Affairs Com- ized to meet during the session of the tion of today’s proceedings. mittee at (202) 224–2251. Senate on September 19, 2012, at 10 The PRESIDING OFFICER. Without f a.m., in room SD–226 of the Dirksen objection, it is so ordered. Senate Office Building, to conduct a f AUTHORITY FOR COMMITTEES TO hearing entitled ‘‘Judicial Nomina- MEET tions.’’ MEASURES SUBMITTED TODAY COMMITTEE ON ENERGY AND NATURAL The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- RESOURCES objection, it is so ordered. imous consent that the Senate proceed Mr. UDALL of Colorado. Mr. Presi- SPECIAL COMMITTEE ON AGING to the consideration of the following dent, I ask unanimous consent that the Mr. UDALL of Colorado. Mr. Presi- resolutions, en bloc, which were sub- Committee on Energy and Natural Re- dent, I ask unanimous consent that the mitted earlier today: S. Res. 562, S. sources be authorized to meet during Special Committee on Aging be author- Res. 563, S. Res. 564, S. Res. 565, S. Res. the session of the Senate on September ized to meet during the session of the 566, S. Res. 567, S. Res. 568, S. Res. 569, 19, 2012, at 9:30 a.m., in room 366 of the Senate on September 19, 2012, at 2:30 and S. Res. 570. Dirksen Senate Office Building. p.m. in room 562 of the Dirksen Senate There being no objection, the Senate The PRESIDING OFFICER. Without Office Building to conduct a hearing proceeded to consider the resolutions objection, it is so ordered. entitled ‘‘Eliminating Waste and Fraud en bloc. COMMITTEE ON FOREIGN RELATIONS in Medicare: An Examination of Prior Mr. REID. Mr. President, I ask unan- Mr. UDALL of Colorado. Mr. Presi- Authorization Requirements for Power imous consent that the resolutions be dent, I ask unanimous consent that the Mobility Devices.’’ agreed to, the preambles be agreed to, The PRESIDING OFFICER. Without Committee on Foreign Relations be au- the motions to reconsider be laid upon objection, it is so ordered. thorized to meet during the session of the table, en bloc, with no intervening the Senate on September 19, 2012, at SUBCOMMITTEE ON CONSTITUTION, CIVIL RIGHTS, action or debate, and any statements AND HUMAN RIGHTS related to the resolutions be printed in 9:30 a.m. Mr. UDALL of Colorado. Mr. Presi- the RECORD. The PRESIDING OFFICER. Without dent, I ask unanimous consent that the The PRESIDING OFFICER. Without objection, it is so ordered. Committee on the Judiciary, Sub- objection, it is so ordered. COMMITTEE ON COMMERCE, SCIENCE, AND committee on Constitution, Civil The resolutions were agreed to. TRANSPORTATION Rights, and Human Rights, be author- The preambles were agreed to. Mr. UDALL of Colorado. Mr. Presi- ized to meet during the session of the The resolutions, with their pre- dent, I ask unanimous consent that the Senate on September 19, 2012, at 2:30 ambles, read as follows: Committee on Commerce, Science, and p.m., in room SH–216 of the Hart Sen- Transportation be authorized to meet ate Office Building, to conduct a hear- S. RES. 562 during the session of the Senate on ing entitled ‘‘Hate Crimes and the Whereas healthcare information tech- September 19, 2012, at 2:30 p.m. in room Threat of Domestic Extremism.’’ nology and management systems have been 253 of the Russell Senate Office Build- The PRESIDING OFFICER. Without recognized as essential tools for improving patient care, ensuring patient safety, stop- ing, to conduct a hearing entitled, objection, it is so ordered. ‘‘Five Years of the America COM- ping duplicative tests and paperwork, and re- SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT ducing healthcare costs; PETES Act: Progress, Challenges, and MANAGEMENT, THE FEDERAL WORKFORCE, Whereas the Center for Information Tech- Next Steps.’’ AND THE DISTRICT OF COLUMBIA nology Leadership has estimated that the The PRESIDING OFFICER. Without Mr. UDALL of Colorado. Mr. Presi- implementation of national standards for objection, it is so ordered. dent, I ask unanimous consent that the interoperability and the exchange of health

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.044 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6470 CONGRESSIONAL RECORD — SENATE September 19, 2012 information would save the United States Whereas, although there is no cure for aged at the national, state, and local levels approximately $77,000,000,000 in expenses re- phenylketonuria, a treatment involving to increase awareness of the abuse of medi- lating to healthcare each year; medical food and restricting phenylalanine cines; Whereas Congress has made a commitment intake can prevent progressive, irreversible Whereas a nationwide prevention and edu- to leveraging the benefits of healthcare in- brain damage; cation campaign has been launched by the formation technology and management sys- Whereas maintaining a strict medical diet national organization that represents 5,000 tems, including supporting the adoption of for phenylketonuria can be difficult to anti-drug coalitions nationwide, along with electronic health records that will help to re- achieve, and poor metabolic control can re- the association representing makers of over- duce costs and improve quality while ensur- sult in a significant decline in mental and the-counter medicines, to provide local coa- ing the privacy of patients; behavioral performance; litions with tools, training, and outreach Whereas the ability to exchange health in- Whereas access to health coverage for med- strategies to engage and educate parents, formation confidently and securely between ical food varies across the United States, and grandparents, teachers, law enforcement of- different providers, systems, and insurers is the long-term costs associated with caring ficials, retailers, doctors, and other critical to transforming the healthcare de- for untreated children and adults far exceed healthcare professionals about the potential livery system of the United States to im- the cost of providing medical food treat- harms of cough medicine abuse; and prove clinical outcomes for patients, control ment; Whereas educating the public about the costs, and expand access to care through the Whereas scientists and researchers are dangers of medicine abuse, encouraging par- use of technology; hopeful that breakthroughs in phenyl- ents to talk about medicine abuse with their Whereas Congress has made real-time ketonuria research will be forthcoming; teenagers, mobilizing parents to safeguard health information exchange a priority and Whereas researchers across the United their home medicine cabinets, and pro- an essential component of the Medicare and States are conducting important research moting abuse prevention are critical compo- Medicaid Electronic Health Records Incen- projects involving phenylketonuria; and nents of what must be a multi-pronged effort tive Programs; Whereas the Senate is an institution that to curb over-the-counter and prescription Whereas Congress has emphasized improv- can raise awareness of phenylketonuria medicine abuse: Now, therefore, be it ing the quality and safety of delivery of among the general public and the medical Resolved, That the Senate— healthcare in the United States; and community: Now, therefore, be it (1) designates the month of October 2012 as Whereas, since 2006, organizations across Resolved, That the Senate— ‘‘National Medicine Abuse Awareness the United States have united to support Na- (1) designates December 3, 2012, as ‘‘Na- Month’’; and tional Health Information Technology Week tional Phenylketonuria Awareness Day’’; (2) urges communities to carry out appro- to improve public awareness of the benefits (2) encourages all people in the United priate programs and activities to educate of improved quality and cost efficiency of States to become more informed about parents and youth of the potential dangers the healthcare system that the implementa- phenylketonuria; and associated with medicine abuse. tion of health information technology could (3) respectfully requests that the Secretary achieve: Now, therefore, be it of the Senate transmit a copy of this resolu- S. RES. 565 Resolved, That the Senate— tion to the National PKU Alliance, a non- Whereas people in the 21st century are writ- (1) designates the week beginning on Sep- profit organization dedicated to improving ing more than ever before for personal, pro- tember 10, 2012 and ending on September 14, the lives of individuals with phenyl- fessional, and civic purposes; 2012 as ‘‘National Health Information Tech- ketonuria. Whereas the social nature of writing in- nology Week’’; vites people of every age, profession, and (2) recognizes the value of information S. RES. 564 walk of life to create meaning through com- technology and management systems in Whereas over-the-counter and prescription posing; transforming healthcare for the people of the medicines approved by the Food and Drug Whereas more and more people in every oc- United States; and Administration have been determined to be cupation deem writing as essential and influ- (3) calls on all interested parties to pro- safe and effective when used properly; ential in their work; mote the use of information technology and Whereas the misuse or abuse of these medi- Whereas writers continue to learn how to management systems to transform the cines can be extremely dangerous and write for different purposes, audiences, and healthcare system of the United States. produce serious side effects; occasions throughout their lifetimes; Whereas the Office of National Drug Con- Whereas developing digital technologies S. RES. 563 trol Policy reports that medicine abuse is expand the possibilities for composing in Whereas phenylketonuria is a rare, inher- the fastest-growing drug problem in the multiple media at a faster pace than ever be- ited metabolic disorder that is characterized United States, and the Centers for Disease fore; by the inability of the body to process the Control and Prevention has classified medi- Whereas young people are leading the way essential amino acid phenylalanine, and cine abuse as an epidemic; in developing new forms of composing by which causes mental retardation and other Whereas the 2011 Monitoring the Future using different forms of digital media; neurological problems, such as memory loss survey, funded by the National Institutes of Whereas effective communication contrib- and mood disorders, when treatment is not Health, and the 2011 National Survey on utes to building a global economy and a started within the first few weeks of life; Drug Use and Health, sponsored by the Sub- global community; Whereas newborn screening for phenyl- stance Abuse and Mental Health Services Whereas the National Council of Teachers ketonuria was initiated in the United States Administration, both illustrate that, after of English, in conjunction with its many na- in 1963 and was mandated by the Newborn marijuana, over-the-counter and prescrip- tional and local partners, honors and cele- Screening Saves Life Act of 2008 (42 U.S.C. tion medicines account for the most fre- brates the importance of writing through the 201 note); quently abused drugs among 12th graders; National Day on Writing; Whereas approximately 1 of every 15,000 in- Whereas the access teenagers often have to Whereas the National Day on Writing cele- fants in the United States is born with prescription medicines in home medicine brates the foundational place of writing in phenylketonuria; cabinets and the lack of understanding by the personal, professional, and civic lives of Whereas the 2012 Phenylketonuria Sci- teenagers of the potential harms of these the people of the United States; entific Review Conference affirmed the rec- powerful medicines make it more critical Whereas the National Day on Writing pro- ommendation of lifelong dietary treatment than ever to raise public awareness about vides an opportunity for individuals across for phenylketonuria made by the National the dangers of medicine abuse; the United States to share and exhibit their Institutes of Health Consensus Development Whereas the Drug Enforcement Adminis- written works through the National Gallery Conference Statement 2000; tration and many State and local law en- of Writing; Whereas adults with phenylketonuria who forcement agencies have established drug Whereas the National Day on Writing high- discontinue treatment are at risk for other disposal programs (commonly referred to as lights the importance of writing instruction serious medical issues such as depression, ‘‘take-back programs’’) to facilitate the col- and practice at every educational level and impulse control disorder, phobias, tremors, lection and destruction of unused, unwanted, in every subject area; and pareses; or expired medications, thereby helping to Whereas the National Day on Writing em- Whereas women with phenylketonuria take outdated or unused medications off phasizes the lifelong process of learning to must maintain strict metabolic control be- household shelves and out of the reach of write and compose for different audiences, fore and during pregnancy to prevent fetal children and teenagers; purposes, and occasions; damage; Whereas National Medicine Abuse Aware- Whereas the National Day on Writing hon- Whereas children born from untreated ness Month promotes the message that over- ors the use of the full range of media for mothers with phenylketonuria may have a the-counter and prescription medicines are composing, from traditional tools like print, condition known as maternal PKU syn- to be taken only as labeled or prescribed, and audio, and video, to Web 2.0 tools like blogs, drome, which can cause small brains, mental that using such medicines to get high or in wikis, and podcasts; and retardation, birth defects of the heart, and large doses can cause serious or life-threat- Whereas the National Day on Writing en- low birth weight; ening consequences; courages all people of the United States to Whereas phenylketonuria is treated with Whereas observance of National Medicine write, as well as to enjoy and learn from the medical food; Abuse Awareness Month should be encour- writing of others: Now, therefore, be it

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.057 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6471 Resolved, That the Senate— in a cost effective manner, helping to create (4) respectfully requests that the Secretary (1) supports the designation of October 20, jobs and reestablish the natural functions of of the Senate transmit an enrolled copy of 2012, as the ‘‘National Day on Writing’’; estuaries that yield countless benefits; and this resolution for appropriate display to (2) strongly affirms the purposes of the Na- Whereas September 29, 2012, has been des- Doris Hickman, the University of Wash- tional Day on Writing; ignated as ‘‘National Estuaries Day’’ to in- ington Athletic Department, and the Seattle (3) encourages participation in the Na- crease awareness among all people of the Seahawks organization. tional Galley of Writing, which serves as an United States, including Federal, State and exemplary living archive of the centrality of local government officials, about the impor- S. RES. 568 writing in the lives of the people of the tance of healthy estuaries and the need to Whereas Hispanic-serving institutions play United States; and protect and restore estuaries: Now, there- an important role in educating many under- (4) encourages educational institutions, fore, be it privileged students and helping those stu- businesses, community and civic associa- Resolved, That the Senate— dents attain their full potential through tions, and other organizations to promote (1) designates September 29, 2012, as ‘‘Na- higher education; awareness of the National Day on Writing tional Estuaries Day’’; Whereas Hispanic-serving institutions are and celebrate the writing of the members (2) supports the goals and ideals of Na- degree-granting institutions that have a full- those organizations through individual sub- tional Estuaries Day; time equivalent undergraduate enrollment of missions to the National Gallery of Writing. (3) acknowledges the importance of estu- at least 25 percent Hispanic students; aries to sustaining employment and the eco- Whereas there are more than 300 Hispanic- S. RES. 566 nomic well-being and prosperity of the serving institutions in operation in the Whereas the estuary regions of the United United States; United States; States comprise a significant share of the (4) recognizes that persistent threats un- Whereas Hispanic-serving institutions national economy, with 53 percent of the dermine the health of the estuaries of the serve more than half (54 percent) of all His- population, 40 percent of the employment, United States; panic students, enrolling more than 1,300,000 and 49 percent of the economic output of the (5) applauds the work of national and com- students in 2010; United States located in the estuary regions munity organizations and public partners Whereas Hispanic-serving institutions are of the United States; that promote public awareness, under- actively involved in stabilizing and improv- Whereas projections indicate that 75 per- standing, protection, and restoration of estu- ing the communities in which the Hispanic- cent of the total population of the United aries; serving institutions are located; States will live and work in coastal counties (6) reaffirms the support of the Senate for Whereas celebrating the vast contributions by 2025; estuaries, including the scientific study, of Hispanic-serving institutions to the Whereas coasts and estuaries contribute preservation, protection, and restoration of United States strengthens the culture of the more than $800,000,000,000 annually in trade estuaries; and United States; and and commerce to the United States econ- (7) expresses the intent of the Senate to Whereas the achievements and goals of omy; continue working to understand, protect, Hispanic-serving institutions are deserving Whereas more than 43 percent of all adults and restore the estuaries of the United of national recognition: Now, therefore, be it in the United States visit a sea coast or estu- States. Resolved, That the Senate— ary at least once a year to participate in (1) recognizes the achievements and goals of Hispanic-serving institutions across the some form of recreation, generating S. RES. 567 $8,000,000,000 to $12,000,000,000 in revenue an- United States; nually; Whereas George Hickman was renowned as (2) designates the week beginning Sep- Whereas more than 28,000,000 jobs in the a Tuskegee Airman, a treasured leader in the tember 16, 2012, as ‘‘National Hispanic-Serv- United States are supported by commercial Seattle community, and the lucky charm of ing Institutions Week’’; and and recreational fishing, boating, tourism, Seattle sports until his passing on August 19, (3) calls on the people of the United States and other coastal industries that rely on 2012, at the age of 88; and interested groups to observe the week healthy estuaries; Whereas George Hickman leaves behind a with appropriate ceremonies, activities, and Whereas estuaries provide vital habitat for loving wife of 57 years, Doris, 4 children, Re- programs to demonstrate support for His- countless species of fish and wildlife, includ- gina, Sherie, Vincent, and Shauneil, 3 grand- panic-serving institutions. ing many that are listed as threatened or en- children, and 1 great-grandchild; dangered; Whereas George Hickman served as a S. RES. 569 Whereas estuaries provide critical eco- Tuskegee Airman and was one of the first Af- Whereas the well-being of the United system services that protect human health rican-American fighter pilots trained for States requires that the young people of the and public safety, including water filtration, World War II; United States become an involved, caring flood control, shoreline stabilization and Whereas George Hickman served in the citizenry of good character; erosion prevention, and the protection of United States Army Air Corps from 1943 to Whereas the character education of chil- coastal communities during extreme weath- 1945; dren has become more urgent, as violence by er events; Whereas the honorable service of George and against youth increasingly threatens the Whereas the United States has lost more Hickman and the other Tuskegee Airmen di- physical and psychological well-being of the than 110,000,000 acres, or 50 percent, of the rectly led to the desegregation of the Armed people of the United States; wetland of the United States since the first Forces of the United States; Whereas, more than ever, children need European settlers arrived; Whereas George Hickman received the strong and constructive guidance from their Whereas bays once filled with fish and oys- Congressional Gold Medal in 2007 with his families and their communities, including ters have become dead zones filled with ex- fellow Tuskegee Airmen; schools, youth organizations, religious insti- cess nutrients, chemical wastes, harmful Whereas George Hickman was a special tutions, and civic groups; algae, and marine debris; guest along with nearly 200 other Tuskegee Whereas the character of a nation is only Whereas changes in sea level can impact Airmen at the 2009 inauguration of President as strong as the character of its individual estuarine water quality and estuarine habi- Barack Obama; citizens; tat; Whereas George Hickman worked as a B-52 Whereas the public good is advanced when Whereas the Coastal Zone Management engineer for Boeing from 1955 until his re- young people are taught the importance of Act of 1972 (16 U.S.C. 1451 et seq.) declares tirement in 1984; good character and the positive effects that that it is the national policy to preserve, Whereas George Hickman was a beloved good character can have in personal relation- protect, develop, and if possible, to restore or usher at University of Washington athletic ships, in school, and in the workplace; enhance, the resources of the coastal zone of events for more than 40 years; and Whereas scholars and educators agree that the United States, including estuaries, for Whereas George Hickman also was a fan fa- people do not automatically develop good current and future generations; vorite as an usher at Seattle Seahawks character and that, therefore, conscientious Whereas 24 coastal and Great Lake States games for nearly a decade: Now, therefore, be efforts must be made by institutions and in- and territories of the United States contain it dividuals that influence youth to help young a National Estuary Program or a National Resolved, That the Senate— people develop the essential traits and char- Estuarine Research Reserve System; (1) commends the long and loving life of acteristics that comprise good character; Whereas scientific study leads to better George Hickman, his service to the United Whereas, although character development understanding of the benefits of estuaries to States as a Tuskegee Airman, and his role as is, first and foremost, an obligation of fami- human and ecological communities; an aviation pioneer; lies, the efforts of faith communities, Whereas the Federal Government, State, (2) recognizes the service George Hickman schools, and youth, civic, and human service local, and tribal governments, national and performed for his country and his signifi- organizations also play an important role in community organizations, and individuals cance as a role model for African-American fostering and promoting good character; work together to effectively manage the es- military pilots; Whereas Congress encourages students, tuaries of the United States; (3) recognizes the contributions of the teachers, parents, youth, and community Whereas estuary restoration efforts restore greatest generation who fought for the free- leaders to recognize the importance of char- natural infrastructure in local communities doms of the people of the United States; and acter education in preparing young people to

VerDate Mar 15 2010 05:19 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.059 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE S6472 CONGRESSIONAL RECORD — SENATE September 19, 2012 play a role in determining the future of the (3) commends Parents as Teachers for its (2) to urge supportive strategies and poli- United States; work with families across the United States. cies from governments; Whereas effective character education is (3) to explain the Dalai Lama’s ‘‘Middle f based on core ethical values, which form the Way’’ philosophy of seeking genuine auton- foundation of a democratic society; HONORING THE CONTRIBUTIONS omy for Tibet within the People’s Republic Whereas examples of character are trust- OF LODI GYALTSEN GYARI of China that contributes to harmony be- worthiness, respect, responsibility, fairness, tween the Tibetan and Chinese peoples; and caring, citizenship, and honesty; Mr. REID. Mr. President, I ask unan- (4) to promote Tibetan statecraft as the Whereas elements of character transcend imous consent that the Foreign Rela- Dalai Lama’s senior ambassador-at-large; cultural, religious, and socioeconomic dif- tions Committee be discharged from Whereas, during his time as Special Envoy ferences; further consideration of S. Res. 557 and based in Washington, DC, Congress approved Whereas the character and conduct of our many policy and programmatic measures on the Senate proceed to its consider- Tibet, which served to institutionalize the youth reflect the character and conduct of ation. society, and, therefore, every adult has the Tibet issue within the Government of the responsibility to teach and model ethical The PRESIDING OFFICER. Without United States, most notably the establish- values and every social institution has the objection, it is so ordered. ment of a Special Coordinator on Tibetan responsibility to promote the development of The clerk will report the resolution Issues within the Department of State and good character; by title. support for Tibetan refugees; Whereas Congress encourages individuals The assistant legislative clerk read Whereas, in 1999, Lodi Gyari became a United States citizen; and organizations, especially those that have as follows: an interest in the education and training of Whereas in May 1998, His Holiness the A resolution (S. Res. 557) honoring the con- the young people of the United States, to Dalai Lama authorized Special Envoy Lodi tributions of Lodi Gyaltsen Gyari as Special adopt the elements of character as intrinsic Gyari to be the principal person to reestab- Envoy of His Holiness the Dalai Lama and in to the well-being of individuals, commu- lish contact with the Chinese government on promoting the legitimate rights and aspira- nities, and society; the Tibetan issue; tions of the Tibetan people. Whereas many schools in the United States Whereas, between September 2002 and Jan- uary 2010, Lodi Gyari led the Dalai Lama’s recognize the need, and have taken steps, to There being no objection, the Senate negotiating team in 9 formal rounds of meet- integrate the values of their communities proceeded to consider the resolution. ings with Chinese officials with tireless drive into their teaching activities; and Mr. REID. Mr. President, I ask unan- and immense skill, winning the respect of Whereas the establishment of ‘‘National imous consent that the resolution be the international community; Character Counts Week’’, during which indi- agreed to, the preamble be agreed to, Whereas Lodi Gyari presented the Chinese viduals, families, schools, youth organiza- the motions to reconsider be laid upon government with the Memorandum on Gen- tions, religious institutions, civic groups, uine Autonomy for the Tibetan People and and other organizations focus on character the table with no intervening action or its accompanying Note, thus detailing the education, is of great benefit to the United debate, and that any statements relat- Tibetan side’s vision for a political solution States: Now, therefore, be it ing to the measure be printed in the for Tibet consistent within the framework of Resolved, That the Senate— RECORD. the Chinese constitutional and laws on au- (1) designates the week beginning October The PRESIDING OFFICER. Without 21, 2012, as ‘‘National Character Counts tonomy; objection, it is so ordered. Whereas Lodi Gyari, in service to the Dalai Week’’; and The resolution (S. Res. 557) was (2) calls upon the people of the United Lama, came to represent in national capitals States and interested groups— agreed to. around the world, the great hope and convic- (A) to embrace the elements of character The preamble was agreed to. tion that the rights of Tibetans could be pro- identified by local schools and communities, The resolution, with its preamble, tected and their repression could be ended. such as trustworthiness, respect, responsi- reads as follows: Whereas, in the personally and profes- sionally difficult task of representing Ti- bility, fairness, caring, and citizenship; and S. RES. 557 (B) to observe the week with appropriate betan interests in dialogue with the People’s Whereas Lodi Gyaltsen Gyari, who was ceremonies, programs, and activities. Republic of China, Lodi Gyari demonstrated born in Nyarong, Kham in 1949, was recog- spirit, intelligence, and extraordinary tact, nized according to Tibetan Buddhist tradi- S. RES. 570 and brought civility, reason and a measure tion as a reincarnate lama and began his mo- of mutual understanding to the Tibetan-Chi- Whereas all 50 States and 7 other countries nastic studies at 4 years of age in nese relationship; provide services through the Parents as Lhumorhab Monastery, which was located in Whereas Lodi Gyari has credited the far- Teachers evidence-based home visiting what is now Kardze Prefecture, Sichuan sighted wisdom of His Holiness the Dalai model for nearly 260,000 children annually, Province; Lama in empowering the Tibetan people by which offers a multifaceted approach to Whereas, in 1958, 9-year-old Lodi Gyari fled his devolution of his political authority to building strong families and promoting a Nyarong with his family to avoid pursuit by an elected Tibetan leadership; and positive parent-child interaction so children the Chinese People’s Liberation Army and Whereas, Lodi Gyari resigned his position, are healthy, safe, and ready to learn; was said to have led his group to safety in effective June 1, 2012, in the context of the Whereas Parents as Teachers provides India through prayer and divinations; deteriorating situation inside Tibet, includ- evidence- and research-based training that Whereas Lodi Gyari, as a young man in ing increasing incidents of Tibetan self-im- assists parent educators in developing pro- India, began a career-long commitment to molations, and expressing deep frustration ficiencies in— the Tibetan struggle against Chinese oppres- (1) family support and parenting education; over the lack of positive response from the (2) child and family development; sion in Tibet, becoming editor for the Ti- Chinese side in their nearly 10-year dialogue, (3) human diversity within family systems; betan Freedom Press, founder of the Tibetan and in respect for the process of the devolu- (4) health, safety, and nutrition; and Review, the first English language journal tion of political power to the elected Tibetan (5) relationships between families and com- published by Tibetans in exile, and a found- leaders. munities; ing member of the Tibetan Youth Congress; Now, therefore, be it Whereas the Parents as Teachers evidence- Whereas Lodi Gyari served as a civil serv- Resolved, That the Senate— based home visiting model is an essential ant in the Central Tibetan Administration of (1) honors the service of Lodi Gyaltsen component to prepare children to be school His Holiness the Dalai Lama, as Chairman of Gyari as Special Envoy of His Holiness the ready and narrows the achievement gap be- the Tibetan Parliament in exile, and as a Dalai Lama; tween children in poverty and nonpoverty Deputy Cabinet Minister for the Depart- (2) commends the achievements of Lodi households; and ments of Religious Affairs and Health and Gyaltsen Gyari in building an international Whereas there are more than 3,000 organi- Cabinet Minister for the Department of In- coalition of support for Tibet that recog- zations offering Parents as Teachers services formation and International Relations; nizes— across the United States and around the Whereas, in 1991, Lodi Gyari moved to the (A) the imperative to preserve the distinct world, which give parents of young children United States in the capacity of Special culture and religious traditions of Tibet; and the support and information necessary so all Envoy of His Holiness the Dalai Lama and (B) that the Tibetan people are entitled children will learn, grow, and develop to re- was soon after selected to be President of the under international law to their own iden- alize their full potential: Now, therefore, be International Campaign for Tibet; tity and dignity and genuine autonomy with- it Whereas, for 3 decades, Lodi Gyari has met in the People’s Republic of China that fully Resolved, That the Senate— with leaders and diplomats of governments preserves the rights and dignity of the Ti- (1) designates the November 8, 2012, as ‘‘Na- around the world and with Members of the betan people; tional Parents as Teachers Day’’; United States Congress and parliaments of (3) acknowledges the role of Lodi Gyaltsen (2) recognizes the importance of parent other nations— Gyari, as a naturalized United States citizen, education and the role the education plays in (1) to explain the Tibetan position with re- to promoting understanding in the United the development of a child; and gard to engagement with China; States of the Tibetan people, their culture

VerDate Mar 15 2010 06:58 Sep 20, 2012 Jkt 019060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A19SE6.063 S19SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 19, 2012 CONGRESSIONAL RECORD — SENATE S6473 and religion, and their struggle for genuine ignees, with the Republicans control- COMMISSION OF THE UNITED STATES FOR THE TERM EX- PIRING SEPTEMBER 30, 2013, VICE RALPH E. MARTINEZ, autonomy, human rights, dignity, and the ling the first half and the majority TERM EXPIRED. preservation of unique linguistic, cultural, controlling the final half; that at 2:00 DEPARTMENT OF LABOR and religious traditions; and p.m., all postcloture time on the mo- (4) strongly supports a political solution KEITH KELLY, OF MONTANA, TO BE ASSISTANT SEC- tion to proceed to H.J. Res. 117, the RETARY OF LABOR FOR VETERANS’ EMPLOYMENT AND for Tibet within the People’s Republic of TRAINING, VICE RAYMOND M. JEFFERSON. China that satisfies the legitimate griev- continuing resolution, be considered ances and aspirations of the Tibetan people. expired and the Senate proceed to vote DEPARTMENT OF THE TREASURY on the motion to proceed to H.J. Res. BIBIANA BOERIO, OF PENNSYLVANIA, TO BE DIRECTOR f OF THE MINT FOR A TERM OF FIVE YEARS, VICE EDMUND 117; and that following that vote the C. MOY, RESIGNED. MEASURE READ THE FIRST majority leader be recognized. TIME—S. 3576 CHEMICAL SAFETY AND HAZARD INVESTIGATION The PRESIDING OFFICER. Without BOARD objection, it is so ordered. Mr. REID. Mr. President, I under- BETH J. ROSENBERG, OF MASSACHUSETTS, TO BE A stand S. 3576, introduced earlier today f MEMBER OF THE CHEMICAL SAFETY AND HAZARD IN- by Senator PAUL, is at the desk. I be- VESTIGATION BOARD FOR A TERM OF FIVE YEARS, VICE PROGRAM WILLIAM B. WARK, TERM EXPIRED. lieve it is due for its first reading. DEPARTMENT OF STATE The PRESIDING OFFICER. The Mr. REID. Mr. President, we will begin consideration of the continuing ROBERT F. GODEC, OF VIRGINIA, A CAREER MEMBER OF clerk will read the bill by title for the THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- first time. resolution tomorrow. We hope to reach COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND The legislative clerk read as follows: an agreement to move up several votes PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA and avoid being in session this weekend TO THE REPUBLIC OF KENYA. A bill (S. 3576) to provide limitations on UNITED NATIONS United States assistance, and for other pur- in order to get our work completed. CHERYL SABAN, OF CALIFORNIA, TO BE REPRESENTA- poses. f TIVE OF THE UNITED STATES OF AMERICA TO THE Mr. REID. Mr. President, I now ask SIXTY-SEVENTH SESSION OF THE GENERAL ASSEMBLY ADJOURNMENT UNTIL 9:30 A.M. OF THE UNITED NATIONS. for a second reading but object to my TOMORROW THE JUDICIARY own request. Mr. REID. Mr. President, if there is The PRESIDING OFFICER. Objec- CAITLIN JOAN HALLIGAN, OF NEW YORK, TO BE UNITED no further business to come before the STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- tion is heard. The bill will be read for Senate, I ask unanimous consent that BIA CIRCUIT, VICE JOHN G. ROBERTS, JR., ELEVATED. the second time on the next legislative JENNIFER A. DORSEY, OF NEVADA, TO BE UNITED it adjourn under the previous order. STATES DISTRICT JUDGE FOR THE DISTRICT OF NE- day. VADA, VICE LARRY R. HICKS, RETIRING. There being no objection, the Senate, ANDREW PATRICK GORDON, OF NEVADA, TO BE UNITED f at 7:25 p.m., adjourned until Thursday, STATES DISTRICT JUDGE FOR THE DISTRICT OF NE- VADA, VICE KENT J. DAWSON, RETIRED. ORDERS FOR THURSDAY, September 20, 2012, at 9:30 a.m. MICHAEL J. MCSHANE, OF OREGON, TO BE UNITED SEPTEMBER 20, 2012 f STATES DISTRICT JUDGE FOR THE DISTRICT OF OREGON, VICE MICHAEL R. HOGAN, RETIRED. Mr. REID. Mr. President, I ask unan- NOMINATIONS DEPARTMENT OF JUSTICE imous consent that when the Senate Executive nominations received by DEREK ANTHONY WEST, OF CALIFORNIA, TO BE ASSO- completes its business today, it ad- the Senate: CIATE ATTORNEY GENERAL, VICE THOMAS JOHN journ until 9:30 a.m. on Thursday, Sep- PERRELLI, RESIGNED. UNITED STATES INSTITUTE OF PEACE tember 20; that following the prayer IN THE COAST GUARD JOSEPH ELDRIDGE, OF THE DISTRICT OF COLUMBIA, TO PURSUANT TO TITLE 14, U.S. CODE SECTION 211(A)(2), I and pledge, the Journal of proceedings BE A MEMBER OF THE BOARD OF DIRECTORS OF THE NOMINATE THE FOLLOWING NAMED OFFICER FOR AP- UNITED STATES INSTITUTE OF PEACE FOR A TERM OF be approved to date, the morning hour POINTMENT IN THE UNITED STATES COAST GUARD TO FOUR YEARS, VICE ANNE CAHN, TERM EXPIRED. THE GRADE INDICATED. be deemed expired, and the time for the GEORGE E. MOOSE, OF VIRGINIA, TO BE A MEMBER OF two leaders be reserved for their use THE BOARD OF DIRECTORS OF THE UNITED STATES IN- To be lieutenant commander STITUTE OF PEACE FOR A TERM OF FOUR YEARS. (RE- later in the day; that the majority APPOINTMENT) KENNETH T. BOYT leader be recognized and the first 2 DEPARTMENT OF JUSTICE DEPARTMENT OF DEFENSE hours be equally divided and controlled SYLVIA M. BECKER, OF THE DISTRICT OF COLUMBIA, FREDERICK VOLLRATH, OF VIRGINIA, TO BE AN AS- between the two leaders or their des- TO BE A MEMBER OF THE FOREIGN CLAIMS SETTLEMENT SISTANT SECRETARY OF DEFENSE. (NEW POSITION).

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