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, MONDAY, APRIL 16, 2012 No. 54 Senate The Senate met at 2 p.m. and was COONS, a Senator from the State of Dela- lower tax rate than millions of middle- called to order by the Honorable CHRIS- ware, to perform the duties of the Chair. class families. That is also not fair. TOPHER A. COONS, a Senator from the DANIEL K. INOUYE, That is how someone like our friend State of Delaware. President pro tempore. Warren Buffett winds up paying a Mr. COONS thereupon assumed the lower tax rate than his secretary, PRAYER chair as Acting President pro tempore. which also is not fair. The Chaplain, Dr. Barry C. Black, of- f When the richest few are making fered the following prayer: more than ever before, they can afford RECOGNITION OF THE MAJORITY to shoulder their fair share of the bur- Let us pray. LEADER God of might and mercy, we lift our den and make this country prosper. And they should not be allowed to hide hearts in praise. Thank You for this The ACTING PRESIDENT pro tem- behind tax loopholes that rig the sys- day with its opportunity for coura- pore. The majority leader is recog- tem in their favor. The Paying a Fair geous and noble service. Use our law- nized. Share Act, known as the Buffett rule, makers this day to validate the faith of f would restore fairness to a system that our forebears through their faithful BUFFETT RULE has favored the interests of the service to You and country. As they Mr. REID. Mr. President, as millions wealthy for far too long. This legisla- labor, may they feel the nearness of tion would ensure that Americans who Your presence and be guided by Your of Americans prepare to file income tax returns, the Senate will consider earn more than $1 million a year pay at wisdom. Equip them to bear the re- least 30 percent of their income in sponsibilities they cannot assign to one of the basic unfair provisions in the Tax Code. Today the wealthiest 1 taxes. The bill would hold harmless others as You strengthen them for nearly every small business in Amer- life’s noble twists and turns. percent takes home the highest share of the Nation’s income since the early ica. In fact, more than 99 percent of Lord, draw near to them and give small businesses would be held harm- twenties, the Roaring Twenties. But them Your peace. less. It would maintain the deduction while their bank accounts have grown, We pray in Your merciful Name. for charitable giving. It would be a their tax bills have become smaller. Amen. small but important step toward re- The wealthiest Americans now pay the f storing fiscal responsibility as our Na- lowest tax rate in more than five dec- tion makes difficult choices about PLEDGE OF ALLEGIANCE ades. The rich pay less than they have where to spend and what to cut. for more than 50 years. This unfair sys- The Honorable CHRISTOPHER A. COONS Three-quarters of Americans believe tem has turned a gap between the rich- led the Pledge of Allegiance, as follows: millionaires and billionaires should est few and everyone else into a gulf, I pledge allegiance to the Flag of the contribute more. Two-thirds of mil- not a gap. Over the last few decades, a lionaires say it is time to even the United States of America, and to the Repub- small number of Americans have seen lic for which it stands, one nation under God, playing field. Yet, everywhere, all Re- indivisible, with liberty and justice for all. their incomes skyrocket by almost 300 publicans except those within the belt- percent, but for the rest of Americans way believe that is not the case. Re- f wages have barely moved. They have publicans in Congress would rather end APPOINTMENT OF ACTING not kept pace with the price of a mod- Medicare as we know it, set forth in PRESIDENT PRO TEMPORE est home, college, or, of course, a se- the so-called infamous Ryan budget. cure retirement. They would rather slash education The PRESIDING OFFICER. The Times are tough for many middle- clerk will please read a communication funding, as set forth in that same infa- class American families, but million- mous budget, than ask the richest of to the Senate from the President pro aires and billionaires are not sharing the rich to contribute even a penny to tempore (Mr. INOUYE). the pain or the sacrifices—not one bit. make education more meaningful and The legislative clerk read the fol- Last year there were 7,000 millionaires to continue maintaining Medicare as lowing letter: who did not pay a single penny in Fed- we know it. As the Senate Democrats U.S. SENATE, eral income taxes. Seven thousand mil- work to make our tax system fair for PRESIDENT PRO TEMPORE, lionaires did not pay a single penny in Washington, DC, April 16, 2012. all Americans, Republicans in the To the Senate: taxes. Instead, ordinary Americans House continue to pursue a budget that Under the provisions of rule I, paragraph 3, footed the bill. That is not fair. In re- would hand more tax breaks to the of the Standing Rules of the Senate, I hereby cent years some Americans earning wealthiest few—the so-called Ryan appoint the Honorable CHRISTOPHER A. north of $110 million a year paid a budget I was just talking about.

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

S2287

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VerDate Mar 15 2010 00:23 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A16AP6.000 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2288 CONGRESSIONAL RECORD — SENATE April 16, 2012 At its heart, this important debate BUFFETT RULE a-gallon gasoline and said: Let’s go and the Buffett rule are about setting Mr. MCCONNELL. Mr. President, if with a poll-tested tax on energy manu- priorities. America can build a world- there is one thing on which every facturers, which would increase the class education system that will pre- American can agree right now it is price at the pump instead of actually pare our children and our grand- that we have serious challenges in this doing something to solve the problem. children to compete in the industries of country and that time is not on our Is this not precisely the kind of thing tomorrow. We can honor our commit- side. Action needs to be taken soon. To President Obama campaigned against ment to a generation of young men and cite a few things, everybody is holding in the first place—politics as usual? women who put their lives on the line their breath waiting for the Federal But that is all we get. The worse our to serve and protect our freedom, and debt to catch up with us. It is not a problems get, the less serious he be- we can ensure that seniors who worked question of if, it is a question of when. comes. The more people coalesce hard all their lives look forward to a Many young people are basically giving around a bipartisan solution, the more secure retirement and quality, afford- up on the American dream. Seniors and he focuses on something that is com- able health care or we can keep pro- those approaching retirement are con- pletely irrelevant or that has abso- tecting special tax rates for the richest cerned about the safety and sustain- lutely no chance of passing. of the rich. We cannot do both. We ability of entitlements. Working Amer- We are in a crisis here and, sadly, it must make smart choices. icans and those who employ them are is all politics all the time. Somewhere President Franklin Roosevelt once frustrated by the growth and the reach along the way this President seems to said: of government. And nearly 14 million have forgotten why he was elected. For In our personal ambitions we are individ- Americans who cannot find work are him, it is not about jobs or the econ- ualists. But in our seeking for economic and wondering how it got so hard to land a omy, it is about his idea of fairness, political progress as a nation, we all go up or good-paying job in what is supposed to about imposing it on others. And if we else all go down as one people. be the most prosperous economy on lose more jobs in the process, oh, well, I hope my Republican colleagues will Earth. All these people know we are in so be it. join Democrats this evening as we rough shape. They live it every day Just take the Buffett tax. Anytime choose a path toward economic fairness and, frankly, a lot of them have given the President proposed anything in the that allows all Americans to rise to- up hope that lawmakers here in Wash- past, he told us how many jobs it would gether as one people. ington are interested in doing anything create, whether it was the FAA bill, f at all that would help. the highway bill, the stimulus—you But the truth is that there is some name it. Apparently, those days are MEASURE PLACED ON THE good news to report out of Washington; over. Nobody is even claiming this cre- CALENDAR—H.R. 5 that is, the growing bipartisan con- ates jobs. It is all about the President’s Mr. REID. Mr. President, H.R. 5 is at sensus not only about the existence of idea of fairness now. the desk. It is due for a second reading. these problems but also about the prop- I think Americans are tired of the The ACTING PRESIDENT pro tem- er solution. Just about everybody blame game. They want their President pore. The clerk will read the bill by agrees that comprehensive tax reform to solve problems, not point fingers. title for the second time. would help turn this economy around, They think their President should The legislative clerk read as follows: strengthen entitlements, spur innova- spend his time working on a solution A bill (H.R. 5) to improve patient access to tion and economic growth, and create between the two parties instead of run- health care services and provide improved jobs. ning around the country trying to dis- medical care by reducing the excessive bur- The problem is that we have a Presi- tract people from his own inability to den the liability system places on the health dent who seems more interested in pit- get the job done, instead of running care delivery system. ting people against each other than he around lecturing everybody on fair- Mr. REID. Mr. President, I object to is in actually doing what it takes to ness. any further proceedings at this time. face these challenges head on and to The President is using two argu- The ACTING PRESIDENT pro tem- solve them in a bipartisan manner. And ments in favor of the Buffett tax. First, pore. Objection is heard. The bill will if anybody had any doubt about that, he says it is a matter of fairness. Sec- be placed on the calendar. the President’s relentless focus on this ond, he thinks the government would f so-called Buffett tax over the past few do a better job of investing the money weeks should have dispelled it. than the people he hopes to take it SCHEDULE This entire debate has been very illu- from. First, it is a matter of fairness Mr. REID. Mr. President, following minating for a lot of folks. It has re- and, second, he assumes the govern- any leader remarks, the Senate will re- vealed a lot about this President. By ment would do a better job of using sume consideration of the motion to wasting so much time on this political that money than the people he is tak- proceed to S. 2240, the Paying a Fair gimmick that even Democrats admit ing it from. Share Act. At 4:30 today the Senate will not solve our larger problems, it On the first point, I think most peo- will proceed to executive session to has shown that the President is actu- ple have heard enough about the Presi- consider Executive Calendar No. 460, ally more interested in misleading peo- dent’s notion of fairness to know it Stephanie Dawn Thacker, of West Vir- ple than he is in leading. I know that does not match up with theirs. To most ginia, to be U.S. Circuit Judge for the may sound a little strong to some, but people, what is fair about America is Fourth Circuit, with up to 60 minutes just step back and think about what is that they can earn their success—earn of debate equally divided and con- going on here. We have a $15 trillion their success—and expect to be re- trolled between Senators LEAHY and debt. Some call it the most predictable warded for it. Nobody ever crossed an GRASSLEY or their designees. Upon the crisis in history. We have the largest ocean or a desert to come here for gov- use or yielding back of that time—at tax increase in the history of the coun- ernment health care. People come here about 5:30—there will be a rollcall vote try looming that will hit every single because they think everybody has a on the confirmation of the Thacker American who pays income taxes in shot at something more than that. nomination. There will be a second less than 9 months from today. It is a point my colleague, the junior rollcall vote on the motion to invoke Well, President Obama looked at the Senator from Wyoming, hit home pret- cloture on the motion to proceed to S. options in front of him, sat down with ty well this morning in an op-ed he 2230, the Paying a Fair Share Act. his political advisers, and said: You wrote for Investor’s Business Daily. It f know what, let’s go with a poll-tested is entitled ‘‘Buffett Tax Divides Ameri- tax increase on investment and job cre- cans, But Solves Nothing.’’ RECOGNITION OF THE MINORITY ation that will not fix anything and I ask unanimous consent that be LEADER will not pass anyway, instead of actu- printed in the RECORD. The ACTING PRESIDENT pro tem- ally doing something about the debt There being no objection, the mate- pore. The Republican leader is recog- and the deficit. It is the same thing on rial was ordered to be printed in the nized. gas prices; the President looked at $4- RECORD, as follows:

VerDate Mar 15 2010 00:23 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.003 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2289 [From Investor’s Business Daily, Apr. 6, 2012] Today’s debate over this new tax increase Here is my point: We have serious BUFFETT TAX DIVIDES AMERICANS, BUT demonstrates the two different approaches problems to address, and the President SOLVES NOTHING to this country’s future. President Obama is not behaving seriously. There is a (By Sen. John Barrasso) may believe it’s fair for Washington to dic- need and a growing desire on both sides tate the rules so that everyone is equal in On Monday, the U.S. Senate will vote on the end. Republicans want to promote eco- of the aisle to do something. The Presi- President Obama’s Buffett tax. The bill is a nomic growth for everybody, not equality of dent needs to step up and provide the political gimmick that’s supposed to distract outcome at everybody’s expense. serious leadership he promised the Americans from the president’s miserable Despite what President Obama believes, record instead of solving problems. American people, and our folks—all 306 Americans know by now that the bill won’t true fairness requires equal opportunity, so million people in this country—have create a single job and it won’t ease the pain that all may pursue their dreams. America every right to expect something better. at the pump. And President Obama and the was founded on that idea. That’s what will Mr. President, I yield the floor. White House have finally given up pre- lead us to a more prosperous future for all. Americans deserve policies that promote f tending that his new tax will balance the growth and opportunity, not more taxes and budget. RESERVATION OF LEADER TIME spending. Even if he did put the new revenue towards The ACTING PRESIDENT pro tem- the debt, it would only cover what Wash- Mr. MCCONNELL. Here is some of pore. Under the previous order, leader- ington spends in about a day and a half. All what he wrote. This is Senator BAR- ship time is reserved. this bill does is waste time and continue to RASSO: push the president’s distorted definition of President Obama thinks it’s fair that our f ‘‘fairness.’’ children and grandchildren will be burdened IMPOSING A MINIMUM EFFECTIVE President Obama thinks it’s fair that our with debt because of his unprecedented reck- children and grandchildren will be burdened TAX RATE FOR HIGH-INCOME less spending. Washington borrows 42 cents TAXPAYERS—MOTION TO PRO- with debt because of his unprecedented reck- of every dollar it spends. less spending. Washington borrows 42 cents CEED of every dollar it spends. The President thinks that is fair. He thinks it’s fair to pile another $40,000 of He thinks it’s fair to pile another $40,000 of The ACTING PRESIDENT pro tem- debt onto every household in the U.S. over debt onto every household in the U.S. over pore. Under the previous order, the the last three years. He thinks it’s fair to use the last three years. Senate will resume consideration of college students as props for his campaign- The President thinks that is fair. the motion to proceed to S. 2230, which style rallies, without explaining how his bad He thinks it’s fair to use college students the clerk will report. policies will leave them in debt. The legislative clerk read as follows: He thinks it’s fair to force hardworking as props for his campaign-style rallies, with- Motion to proceed to Calendar S. 2230, a taxpayers to subsidize a wealthy person’s out explaining how his bad policies will leave bill to reduce the deficit by imposing a min- purchase of a hybrid luxury car—because it them in debt. He thinks it’s fair to force hardworking imum effective tax rate for high-income tax- fits his idea for American energy. He thinks it’s fair to hand out hundreds of taxpayers to subsidize a wealthy person’s payers. millions of tax dollars to politically con- purchase of a hybrid luxury car—because it The ACTING PRESIDENT pro tem- nected solar energy companies that then go fits his idea for American energy. pore. The Senator from Rhode Island is He thinks it’s fair to hand out hundreds of bankrupt. recognized. He thinks it’s fair to tell thousands of millions of tax dollars to politically con- nected solar energy companies that then go Mr. WHITEHOUSE. Mr. President, on workers they won’t have jobs because he a late spring day 27 years ago, Presi- blocked the Keystone XL pipeline—to solid- bankrupt. ify the support of a few far left environ- He thinks it’s fair to tell thousands of dent Ronald Reagan addressed a group mentalists. workers they won’t have jobs because he of high school students in Atlanta, GA. And apparently President Obama thinks blocked the Keystone XL pipeline—to solid- Many of the students in that audience it’s fair that three years of his policies have ify the support of a few far left environ- that day were about to join the work- left us with more people on food stamps, mentalists. And apparently, President Obama thinks force, and President Reagan spoke more people in poverty, lower home values, about the ‘‘strange’’—to use his word— higher gas prices and higher unemployment. it’s fair that three years of his policies have The American people strongly disagree. To left us with more people on food stamps, tax system that would soon claim a the vast majority, fair means an equal op- more people in poverty, lower home values, portion of their paychecks. portunity to pursue their dreams. They also higher gas prices, and higher unemployment. In his speech President Reagan recognize that no man and no government Senator BARRASSO then explained pledged: can provide a guarantee of success. what he thinks Americans actually We’re going to close the unproductive tax To President Obama, fair requires nothing think fairness consists of: equality of loopholes that have allowed some of the less than a totally equal outcome. opportunity and freedom for everybody truly wealthy to avoid paying their fair The waves of immigrants who came to our share. shores over generations did so for freedom to pursue their dreams without govern- and for a chance to succeed. They did not ment blocking the way. He went on to note that under the come here to be taken care of, or to have For the President, fairness is about country’s complex tax rules, it was every decision made for them by the govern- taking from some and giving it to oth- ‘‘possible for millionaires to pay noth- ment. That’s what many of them left behind. ers. It is about taking from taxpayers ing, while a bus driver [pays] 10 percent When President Obama pushes for equal out- and giving it to solar companies. It is of his salary.’’ President Reagan called comes instead of equal opportunity, he pits about taking from the private economy this inequity with millionaires paying one group of Americans against another. He and giving it to government workers so lower rates than bus drivers—to use his is telling people it’s not right for someone else to have something they don’t have. That they can blow it on an $823,000 awards word—‘‘crazy.’’ He said, ‘‘It’s time we may be a good campaign tactic, but it’s not dinner for themselves. It is anything stopped it.’’ true—and it’s bad for our country. but fair. One year later, President Reagan One person getting more does not mean As for the President’s second argu- signed into law bipartisan tax reform anyone else has to get less. In America, it’s ment—well, you tell me. What about that closed many of the loopholes and possible for all of us to prosper. That is part the way government spends the money ensured that the highest earning Amer- of what made America the best from the it gets from taxpayers makes anybody icans paid a fair share. The 1986 tax re- very beginning. Here all of us can do better— think they would do a better job with not at the expense of our neighbors, but by form deal set the tax rate on invest- our own effort. Our country’s social safety the money they hope to get from this ment income—overwhelmingly earned net was established to catch people from tax? Does anybody seriously think the by those at the very top of the income falling—not to entangle them so they cannot government would do a better job ladder—at the same rate as regular rise. It certainly should never be used to jus- spending this money than the people wage income. tify burdening taxpayers with trillions of from whom they would extract this ad- Unfortunately, in the years that fol- dollars in new debt. Somewhere along the ditional tax? It is completely ludi- lowed, lobbyists have been all over way, Washington twisted the honorable crous. Until Washington can show that Congress, and Congress has restored American impulse to care for the least fortu- it is a better steward of taxpayer dol- many of the loopholes President nate among us. The Obama definition of ‘‘fairness’’ now lars, or that it knows how to invest in Reagan cut. It has repeatedly reduced threatens to produce a culture of dependency a winner, it should not expect people to tax rates on investment income. The that weakens our society. hand over another penny. capital gains tax rate has gone from 28

VerDate Mar 15 2010 00:23 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.005 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2290 CONGRESSIONAL RECORD — SENATE April 16, 2012 percent in the bipartisan Reagan tax twenties. My wife and I pay our taxes, and inequity, this bill would ensure that reform to 15 percent today. Once again, it’s frustrating to hear that multi-million- those at the very top pay at least the those at the very top of the income aires are getting special treatment to pay a tax rates faced by middle-class fami- spectrum have opportunities to cut lower rate. lies. their tax bills that are not available to Mike is right. I hear the same as I I thank Senators AKAKA, BEGICH, regular middle-class families. travel around my State. I know my LEAHY, HARKIN, BLUMENTHAL, SANDERS, Let’s look at where we are today, a colleagues hear the same as they meet SCHUMER, REED of Rhode Island, quarter century after the last major with their constituents across the ROCKEFELLER, BOXER, DURBIN, and overhaul of our tax system. country. They all agree with President LEVIN for cosponsoring this measure. In this photo is a building that has Reagan that a tax system that allows I ask unanimous consent to add Sen- stories to tell. This is the Helmsley many of the highest income earners ator LAUTENBERG as a cosponsor. Building on Park Avenue in New York among us to pay less than a truck- The ACTING PRESIDENT pro tem- City. Because this building is large driver must be fixed. pore. Without objection, it is so or- enough to have its own ZIP Code, we The problem goes beyond the top 400 dered. know from public IRS information income earners in the country. The Mr. WHITEHOUSE. The structure of gathered by ZIP Code that the very Congressional Research Service con- our bill is simple: If your total in- wealthy and successful individuals and firms that roughly one-quarter of $1 come—capital gains included—is over corporations that call this building million-plus earners—about 94,500 tax- $2 million, you calculate your taxes home—with an average adjusted gross payers—pay a lower effective tax rate under the regular system. If your effec- income of $1.2 million each—paid, on than over 10 million moderate-income tive rate turns out to be greater than average, a 14.7-percent total Federal taxpayers. Reuters reported this: 30 percent, you pay that rate—the same tax rate in the last available year for Taxpayers earning more than $1 million a rate you would pay without the bill. which we have information. A 14.7-per- year pay an average U.S. income tax rate of If, on the other hand, your effective cent total Federal tax rate is less than nearly 19 percent. tax rate is below 30 percent—like the 11 the rate the average New York City The story goes on: percent tax rate Warren Buffett paid in janitor, the average New York City About 65 percent of taxpayers who earn 2010—then you would pay the fair share doorman, or the average New York more than $1 million face a lower tax rate tax of 30 percent instead. City security guard pays. The system than the median tax rate for moderate in- Taxpayers earning less than $1 mil- is upside down. come earners making $100,000 or less a year. lion—which is more than 99.8 percent It is not just in the Helmsley Build- Let me read that again: of Americans—would not be affected by ing. Each year, the IRS publishes a re- About 65 percent of taxpayers who earn this bill at all. For taxpayers earning port detailing the taxes paid by the more than $1 million face a lower tax rate between $1 million and $2 million, the highest earning 400 Americans. Last than the median tax rate for moderate in- fair share tax gets phased in. Ulti- May, the IRS published the most re- come earners making $100,000 or less a year. mately, when you earn over $2 million, cent data on the top 400 taxpayers—for Our tax system is supposed to be pro- you are subject to the full 30-percent the year 2008. They had an average in- gressive. The more one earns, the high- minimum rate. come of $270 million each. That is not er the rate one pays. That is not class The one exception the bill makes to bad. In fact, that is wonderful. That is warfare; that is tax policy. It has been the 30 percent minimum is to maintain part of what makes America great. that way for decades, if not even gen- the incentive for charitable giving. But here is the ‘‘crazy’’ part—to erations. We undermine that principle Under the bill, taxpayers are permitted quote President Reagan. On average, when we allow the highest income to subtract the same amount of con- these 400 extremely high earning Amer- Americans to pay a lower tax rate than tributions allowed under the regular icans—making $270 million in 1 year— a truckdriver pays. It is no wonder that income tax from their taxable income. actually paid an average Federal tax so many of the Rhode Islanders with The reason for this one exception rate of just 18.2 percent on adjusted whom I have spoken have lost con- should be self-evident: charity benefits gross income. We have spent a fair fidence that our tax system gives them others and taxpayers should be encour- amount of time in the Senate debating a straight deal. aged to give. whether the top income tax rate should With the top 1 percent of Americans Some say, given our fragile economic be 35 percent or something else—for ex- earning 23 percent of our Nation’s in- recovery, now is the wrong time to ample, 39.6 percent, as it was in the come and controlling 34 percent of our raise taxes on anyone. While middle- Clinton boom years. But the ultra rich Nation’s wealth—more than one- class families continue to struggle get around this top rate through a vari- third—it would be difficult to argue through the recovery, it seems the ety of tax gimmicks. that our system is too progressive. boom times have already returned for We looked at what level of income a Let’s look at this other graphic. Of those at the very top. single filer would have to make to all of our Nation’s wealth, the top 5 According to a recent analysis by start paying 18.2 percent or more in percent of Americans own over 60 per- University of California at Berkeley Federal taxes. It is $39,350. If we look cent of it. Of all of our Nation’s wealth, economist Emmanuel Saez, 93 percent at the Department of Labor levels, that the top 5 percent own more than 60 per- of the income growth in 2010 went to is about what a truckdriver, on aver- cent of all the wealth in the country. the top 1 percent of income earners. age, earns in Rhode Island. Mr. Presi- The top 1 percent control over one- Even more astounding, 37 percent of dent, $40,200 is what an average truck- third of it. The 400 families at the very the income growth in that year went to driver, according to the Bureau of top—the 400 I talked about earlier— the few thousand taxpayers in the top Labor Statistics, earns in Rhode Is- own almost 3 percent of all America’s 0.01 percent. With so much income land—more than the $39,350—which wealth just among those 400 families. growth at the very top and with loom- means they are probably paying a high- These are proportions we have not seen ing budget deficits, it is hard to argue er tax rate as a single truckdriver in since the Roaring Twenties, and they that people with 7-, 8-, 9-, or even 10- Providence, RI, than a millionaire who are getting steadily worse. figure incomes can’t afford to pay a made $270 million in the last year. We are not going to overhaul the Na- reasonable tax rate. That is just not fair, not right, and tion’s tax laws this evening, but in a To be clear, it has been said on this that is not the progressive tax system few hours we will have a chance to ad- floor this is a tax on investment and we have always had. I recently heard vance legislation to restore some fair- this is a tax on job creation. That is from one such truckdriver in Rhode Is- ness into our tax system. This long wrong. This is a tax on one thing: in- land. Mike Nunes, who is a member of overdue bill—the Paying a Fair Share come. Teamsters Local 251, joined me for a Act of 2012—would implement the so- Republicans have criticized the roundtable discussion on tax fairness called Buffett rule, after Warren amount of revenue that would be gen- in Cranston, RI. Mike said: Buffett, who has famously lamented erated by the bill. The ranking Repub- I’ve been a middle-class worker here in that he pays a lower tax rate than his lican on the Senate Finance Com- Rhode Island since I was in my early secretary. To correct this glaring tax mittee called the $47 billion the Joint

VerDate Mar 15 2010 00:23 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.007 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2291 Committee on Taxation has estimated Democratic votes. Three million jobs dramatic drop from 1995 to 2008. These a meager sum. Well, in Rhode Island, are awaiting action in the House on the rates are for Federal income tax. If you we don’t consider $47 billion to be a bipartisan Senate highway bill that add in the small amount of payroll meager sum. It is enough money, for had 75 Senators supporting it, and they taxes paid by those at the very top— instance, to permanently keep sub- won’t call it up—the Republicans won’t which is a separate discussion, but sidized student loan interest rates from call it up—because they do not want to they fall 100 percent on the income of jumping from the current 3.4 percent to use Democratic votes. middle-income families but only on a 6.8 percent in July, which they will do What kind of Washington insider small portion of the income of super- unless we act. If we could use this bill logic is that? People across this coun- high-end income families—the total to offset the cost of keeping student try who will go to work on those roads Federal tax rate for 2008 goes up to 18.2 loan interest rates low, then there are and bridges don’t think that makes percent, counting in that withholding. millions of students out there who any sense. For Republicans now to be That is, again, the effective Federal would call that benefit something talking about jobs on this bill, while tax rate of that truckdriver in Provi- other than meager. they have a jobs bill that creates 3 mil- dence. The trend in falling tax rates for We could use the $47 billion on badly lion jobs they are blockading in the those making seven figures in income needed infrastructure projects and cre- House, the word ‘‘jobs’’ should turn to or more has eroded the confidence of ate 611,000 jobs nationwide. In Rhode ashes in their mouths. ordinary Americans who do pay their Island, we have 11 percent unemploy- There are plenty of things this nar- fair share. ment and a long backlog of transpor- row tax fairness bill won’t do. It will I will conclude with one more quote. tation infrastructure projects. At the not bring world peace, it won’t save en- This is another quote from President top of that list is the viaduct bridge on dangered whales from extension, it Reagan’s 1985 speech on tax fairness. Interstate 95 through Providence. This won’t cure the common cold. It will do This is President Reagan, the man critical link along the northeast cor- none of that. It will restore the con- whom so many conservative Repub- ridor running up through Rhode Island fidence of middle-class Americans in licans revere. He said: has wooden boards inserted between our tax system by assuring those at the the I-beams underneath to prevent the very top of the income spectrum are What we’re trying to move against is insti- tutionalized unfairness. We want to see that concrete in the roadway from falling in not paying lower rates than regular everyone pays their fair share, and no one on the traffic below. Also, where the families do. gets a free ride. Our reasons? It’s good for so- Amtrak rails go underneath, there are In addition to restoring fairness to ciety when we all know that no one is ma- wood planks to keep the roadway from the Tax Code, the bill will generate nipulating the system to their advantage be- falling in on the trains as they pass considerable revenue to cut the deficit cause they’re rich and powerful. below. I don’t think repair of this or invest in job creation and critical That was President Reagan in 1985. bridge and others would be meager at programs. I happen to think that tax Today, his party is defending that ma- $47 billion worth, particularly if we put fairness and tens of billions of dollars nipulation. in revenue or deficit reduction are rea- it into an infrastructure bank and le- In the 27 years since that speech, the sons enough to pass the bill. And if the verage it for even more jobs. American playing field has been It is worth noting this legislation Republican leader wishes to work with skewed ever more toward the rich and would generate far more revenue than us on taxing other issues, I am wide powerful. From bankruptcy reform, the $47 billion the Republicans com- open to that. But today’s vote is about which favors big corporations over peo- plain of if the Republicans were to suc- tax fairness. It is about undoing a gim- ple, to the Citizens United decision, ceed in their quest to extend the very mick in the Tax Code that allows peo- which has allowed corporations and bil- high-end Bush tax cuts. If the Bush tax ple earning over $1⁄4 billion a year to lionaires to spend unlimited cash to in- cuts for people in this bracket con- pay lower tax rates than truckdrivers. fluence American elections, to this tinue, the revenue from the bill jumps Unfortunately, this has become a lower tax rate for ultra-high income from $47 billion to $162 billion over a partisan issue, which is surprising, be- earners, the American people have sim- 10-year budget horizon. Operating as a cause the principle of a progressive Tax ply not been getting a straight deal backstop, the Buffett rule can ensure Code has always been a basic American from Washington. those at the top pay a fair share no tax policy principle. The arguments we matter what loopholes, no matter what are making today about paying a fair Many are calling the vote we will special treatments Congress adds to share were made exactly by Ronald have on the Buffett rule bill today a the Tax Code in the future. Reagan. But things have changed and test vote, because it is on a procedural Finally, the Senate Republican lead- so there is this squabble. Even business motion, and the pundits don’t expect it er has described the bill as yet another owners support this bill. A recent poll to pass. I agree. This is a test vote. But proposal from the White House that conducted by the American Sustain- it is a test of a different sort. This is a won’t create a single job or lower the able Business Council, the Main Street test of Washington, DC, to do some- price at the pump by a penny. Well, the Alliance, and the Small Business Ma- thing that is simple, to do something minority leader is absolutely right. jority found that 58 percent of business that is right, and to do something that The aim of this bill is not to lower the owners said those making over $1 mil- is fair for the middle class. If we pro- unemployment rate or the price of gas- lion a year are not paying their fair ceed to and pass this bill, it will show oline. However, if you put the $47 bil- share in taxes and 57 percent supported the American people that Congress is lion into infrastructure, you could cre- increasing taxes for those at the top. capable of standing by their side, that ate 611,000 infrastructure jobs and a lot That is out of the small business com- Congress is capable of being on their of good infrastructure as well. And if munity. side, that Congress is capable of saying you put the $47 billion into LIHEAP, These business owners know it is no to a powerful and well-funded spe- you could help millions of Americans simply fair for the most fortunate and cial interest. If we fail, it will indicate pay their energy bills. successful Americans to pay a larger exactly what President Reagan But let me add an additional point. share of their income in taxes than less feared—that the rich and powerful are The Republicans are claiming this bill, successful families do. That is what a able to manipulate the system to their which is a tax fairness bill, not a job- progressive tax system is supposed to advantage and we in Congress will do creating bill, will not create a single do. That is what it has always done. nothing about it. job. Of course, if you spent the revenue, Sadly, over the past few decades, as in- One of the things America stands for it would, but that is a separate discus- come has soared at the very top, the ef- in this world is that we are fair with sion. At the same time they are mak- fective tax rates have plummeted. each other; we get a straight deal and ing that point, the Republicans in This chart, prepared by Budget Com- we give each other a straight deal. Washington are sitting on our highway mittee chairman KENT CONRAD, shows That is one of the ways in which Amer- bill which creates 3 million jobs and the effective Federal income tax rate ica stands as an example to the rest of they won’t call it up on the House side for the top 400 income earners since the world. There are plenty of coun- because they do not want to rely on 1992. As you can see, there has been a tries where the internal political and

VerDate Mar 15 2010 05:01 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.015 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2292 CONGRESSIONAL RECORD — SENATE April 16, 2012 economic systems amount to a rack- Unfortunately, today, as we stand this country pays a 28-percent Federal et—a racket that is rigged for the ben- here, we are still down 5.5 million jobs. tax rate. By contrast, Americans with efit of the rich and powerful and So instead of adding 6 million jobs, as incomes between $60,000 and $100,000 against farmers and workers and small we had during the Reagan administra- pay a 19-percent tax rate. Those earn- businesses and ordinary families. Some tion after the 1981 deep recession, ing between $35,000 and $60,000 pay a 14- of those countries are so bad we call today as we stand here we are still try- percent tax rate. them kleptocracies. But that has never ing to find how to add back the jobs we Another way to look at this is that been America. That is not the America lost in the recession, 5.5 million jobs, the top 1 percent of taxpayers now pays of the Founding Fathers. It is not the 5.5 million families across this country 39 percent of all Federal income taxes. America of Ronald Reagan. It is not who continue to look for hope and op- The top 10 percent now pays 86 percent the America that shines its light into portunity. of all Federal income taxes. Those the four corners of the world as an ex- So in the midst of this weak recov- below the 50-percent mark now pay 1 ample to the rest of the world. That is ery, the weakest since the Great De- percent of Federal income taxes. Is not the America we are here to serve. pression, I think it is reasonable to ex- that progressive or not? I would say it We must be vigilant in protecting the pect that the President of the United is progressive. ideals that make this country what it States and the U.S. Congress would To my colleagues who are saying the is. I urge my colleagues, Democrats focus on real solutions to create jobs; income tax is not progressive, I don’t and Republicans alike, to heed the in particular, real solutions to reform think that is the concern here. I think words of President Reagan and to sup- our inefficient, complex, and outdated the concern is we have an income tax port this legislation, which will ensure Tax Code, because there is a consensus code that has too many preferences, de- that a favored segment of the highest out there we need to do that. ductions, credits, exemptions—by the earning Americans once again do some- To make the Tax Code more pro-jobs, way, mostly taken advantage of by thing as simple as pay their fair share to encourage work and savings and in- wealthier taxpayers. We ought to re- in taxes. Let us show the American vestment requires broad-based reform, form the Tax Code. But because the Tax Code is already people that our Nation does stand and everybody knows it. The Presi- so progressive, as we talked about, this apart as an exemplar of fairness and of dent’s own commission, called the proposal from the President works pri- equal opportunity and of equal respon- Simpson-Bowles commission, rec- marily by increasing the tax a lot of sibility under the law. ommended it. Most recently, the Presi- wealthy people pay on investment in- I thank the Chair. I see colleagues in dent’s own Jobs Council recommended come, primarily what is known as long- the Chamber, and I yield the floor. it. term capital gains. Capital gains have The ACTING PRESIDENT pro tem- We need a proposal taken up by this historically been taxed in this country pore. The Senator from Ohio. Senate that is driven by good econom- Mr. PORTMAN. Mr. President, we at a lower rate for individuals, and ics. Instead, what we are getting this stand here today, the day before tax they are taxed at a lower rate for good week is one that is driven by campaign day—the day when all Americans have reason: Capital gains are the return on rhetoric. My colleagues on the other to get their income taxes together— longer term investments and enter- side of the aisle will soon bring to the and we also stand here in the middle of prises that create jobs. That is some- floor President Obama’s proposed new the weakest economic recovery since thing that we have always wanted to tax targeting investment income, the the Great Depression—a time when encourage in this country. A lower tax Buffett tax, named after businessman economists across the spectrum agree on capital gains drives job-creating in- Warren Buffett, which imposes a 30- there is an urgent need for us to take vestment. According to the non- our Tax Code and make it more effi- percent minimum tax on anyone earn- partisan Congressional Committee on cient, to reform our Tax Code to help ing over a certain amount—$1 million. Taxation, it increases wages over the grow our economy and add jobs. And Interestingly, for all of the chest long run. So by having a lower rate for instead of an administration or leader- thumping about this is going to reduce capital investments, long-term invest- ship in this body proposing serious tax our deficit, this new tax will bring in ments in job creation, it will increase reforms that will actually get people less than one-half of 1 percent of the wages in the long run. back to work, we are spending this annual individual income taxes that By the way, that is why Presidents week debating a political proposal that are paid. By the way, this will be Kennedy, Reagan, Clinton, and Bush no one can credibly argue will create a enough to pay 1 week’s interest on our all backed capital gains rate cuts. As single job, except maybe some tax ac- $15 trillion national debt. That is it. So President Kennedy said so well: A ris- countants because it adds more com- it is certainly not about deficit reduc- ing tide lifts all boats. plexity to an already way too complex tion at a time of trillion-dollar defi- Second, we should realize that rais- Tax Code. Unfortunately, this has be- cits. ing the capital gains rate doesn’t come ‘‘tax gimmick week’’ here in The President also says his new tax translate directly into higher revenues. Washington. on investments on American businesses Why is that? It is because it is an elec- It is particularly disappointing be- is necessary to, as he said, invest in tive tax. Think about it. You only pay cause as a Nation we are stuck in an what will help the economy grow. This it when you choose to sell an asset, historically weak economy with high apparently means this will result in when you choose to realize what is unemployment, record long-term un- more government spending. Private en- called a gain when you sell something. employment, and anemic economic terprises that actually create jobs ap- So you don’t have to incur this tax. growth. This recovery we are in is dif- parently are not the ones that will be Common sense, economics, and experi- ferent, sadly. We are still millions of making the investments. Instead, it ence teach that a higher capital gains jobs down from where we were at the will be investments through govern- rate causes some investors to hold as- start of the recession, which was about ment spending. sets rather than sell them, just as a 4 years ago. It is interesting to com- I think the Buffett rule is bad eco- lower capital gains rate will encourage pare it to other recoveries. nomics, I think it is bad fiscal policy, more people to sell an asset because In 2001, the so-called jobless recovery, and I think it is a distraction from the the rate will be lower. And this is what at this point in the recovery about 4 broader bipartisan effort underway to has happened: After every recent cap- years after the recession, the Nation achieve fundamental tax reform that is ital gains rate cut, in 1981, 1997, and had not only brought back all the jobs necessary to unleash a true economic 2003, capital gains revenues actually in- that were lost in the recession but we recovery—the proposals built, by the creased. had added hundreds of thousands of way, on this notion that I heard from So you had a cut in the rate in 1981, new jobs. my colleague a moment ago that the 1997, and 2003, and what happened? The Even in 1981, considered the deepest Tax Code is not progressive. We can revenues actually increased: Lower recession in modern history before the argue about what progressive means, rate, higher revenues. How could that most recent one, at this time 4 years but here are some statistics: be? Well, because with the lower rate after the recession we had added 6 mil- According to the Tax Policy Center, people sold more assets and created lion new jobs to the economy. the top 1 percent of income earners in more economic activity.

VerDate Mar 15 2010 00:23 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.016 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2293 Capital gains tax rates increased be- the future is going to be brighter for when all taxes are taken into consider- tween 37 and 114 percent over 4 years, their kids and grandkids, as it was for ation. The top 5 percent controls 60 and that is after inflation. By contrast, them. percent of the Nation’s wealth, but the after a capital gains rate increase took I believe there is also a growing bi- top 5 percent in taxes only pays 44.7 effect in 1987—that was talked about a partisan consensus about how to do it, percent. So if you want to take num- moment ago—capital gains revenues which is that we ought to do it by bers sort of without context, you can actually dropped 55 percent over the broadening the base—meaning getting make it look as if it is very progres- next 4 years. rid of some of these growing credits sive, but when you measure against the So we can debate what the rate ought and deductions and exemptions I wealth inequality in this country and to be, but the fact is to say that there talked about earlier, lowering the mar- the income inequality in this country, is going to be a direct correlation be- ginal rates on American families and it is hard to say we actually are run- tween raising that rate and more rev- on our businesses to be able to create ning a progressive tax system. And enue simply is not borne out by histor- jobs. That will ensure that those who that is why, as Reuters reported, about ical experience or by common sense. can afford to pay more will pay their 65 percent of taxpayers who earn more Third, unlike other types of income, share—their fair share. And the econ- than $1 million face a lower tax rate capital gains are often double taxed. omy will grow, a rising tide lifting all than the median tax rate for moderate- Think about a typical capital invest- boats, truly helping families who are income earners making $100,000 or less ment, someone buying corporate worried, for good reason, about their a year, according to the Congressional stock—that is the most typical one, economic future. Research Service. holding that stock for over 1 year—you The American people don’t deserve f have got to hold it for over 1 year—and more gimmicks, as we will see this then selling it for a profit. That gain week in Washington. They deserve real MATT RUTHERFORD’S SOLO SAIL has already been subject to a 35-per- leadership. Mr. HARKIN. Mr. President, before cent rate at the corporate level. It is Mr. President, I yield the floor. the Easter recess, I came to the floor then followed by the capital gains rate, The ACTING PRESIDENT pro tem- to talk about a truly remarkable now at 15 percent, when the share- pore. The Senator from Rhode Island. American—a visionary, a dreamer, an holder sells, for a combined 45-percent Mr. WHITEHOUSE. Mr. President, it adventurer, and, most importantly, a tax on that capital investment. is interesting that my Republican col- young man who has devoted himself to By the way, with global competitors leagues tend to refer to this as a tax service to others far above and beyond such as Canada, Japan, the United gimmick. It was referred to as tax gim- the call of duty. The young man’s Kingdom, and others moving to cut mick week because we are considering name is Matt Rutherford, an Ohioan. their corporate tax rates in order to having people earning a quarter of a He turned 31 about a week ago. create jobs, this new tax on capital in- billion dollars pay a rate equal to what Here is what he has done in almost vestment would move the United a truckdriver pays. That doesn’t sound the last year. On June 13 of last year, States farther backward in terms of very gimmicky to me. That sounds like this then-30-year-old young man got being competitive in the global econ- pretty Main Street fairness to me. onboard a 36-year-old, 27-foot-long omy. Our corporate tax rate is already But the bottom line is there is a gim- Albin Vega sailboat, a small sloop- higher than all of our major foreign mick at stake. It is the gimmick in the rigged sailboat, and he set out on one competitors. As of April 1, Japan low- Tax Code that allows for that to take of the most audacious adventures ever ered theirs, making us No. 1 in the place, that allows for a hedge fund bil- contemplated by any sailor. world in something you don’t want to lionaire to claim a lower rate than a He set out to circumnavigate the be No. 1 in, which is the highest cor- truckdriver. So if there is a gimmick Americas, solo and nonstop. Here is porate rate. We don’t need new barriers here, it is the gimmick we are trying what he did. On June 13 of last year, he to growth and job creation, and that is to remove. It is not a gimmick that we left Annapolis on this small 27-foot what would result. are trying to pursue. sailboat. He sailed out of the Chesa- Instead of an election year gimmick It has been said this is a tax on in- peake Bay, he sailed up around Nova that won’t help the economy, it is time vestment, a tax on job creation. It Scotia, Newfoundland, Labrador, all to focus on fundamental tax reform to isn’t. It is a tax on income, when it is the way up by Greenland—all by him- make American businesses and workers declared as income. And if our purpose self—and then sailed the Northwest more competitive again, as the Presi- should be how to add back the jobs lost Passage, all the way through the dent’s own Simpson-Bowles commis- in the recession, we just passed a high- Northwest Passage here. sion has recommended and as the way bill with 75 Senators supporting it, If I remember right, he has been cer- President’s own Jobs Council has rec- only 22 opposed—which, as we know tified by the Scott Polar Institute in ommended. around here in this partisan environ- Cambridge, England; he has been recog- I agree with what former Clinton ment, is a landslide. It came out of the nized as the first person in recorded Budget Director Alice Rivlin said Environment and Public Works Com- history to make it through the fabled about the Buffett tax, which is the way mittee unanimously. It had 40 amend- Northwest Passage alone and nonstop to fix the Tax Code is to fix the Tax ments accepted, and now 3 million jobs in such a small sailboat. He came Code, not to add another complication are bottled up on the other end of this through the Northwest Passage, round- at the margins. The Buffett tax is an hallway in the House of Representa- ed Alaska, went from Alaska all the election year distraction from serious tives because the Republican Speaker way down to Cape Horn. reform. Why not focus on the elephant doesn’t want to use Democratic votes. Again, if you know anything about in the room—an outdated and complex If you want to do something about the treacherous waters of Cape Horn, Tax Code that is hurting our economy, jobs, tell the Republican Speaker to you know someone in a small 27-foot weighing down our economy, making it pass the Senate highway bill. It is as boat probably doesn’t have much harder for us to get out of the kind of simple as that, 3 million jobs, bipar- chance of making it, but he did it. He doldrums we are in right now with this tisan. So when we talk about jobs, I went around Cape Horn, all the way up weak recovery. have a good recommendation: Pass the the coast of South America, up I believe there is a consensus among big highway jobs bill that is being kept through the Caribbean, and today as I economists and serious thinkers across bottled up here. stand here and speak, he is just outside the political spectrum, Republicans, The other point I wanted to make on of the mouth of the Chesapeake Bay, Democrats, and Independents alike, the question of whether the tax system off the coast of Virginia, the North that with an increasingly competitive is progressive, the IRS and the Federal Carolina-Virginia border, and is going global economy, we have to reform our Reserve point out that the top 1 per- to make landfall this Saturday in An- Tax Code to help us get out of this rut cent in America in terms of wealth napolis, 313 days after he started—solo, we are in, this historically weak recov- controls 33.8 percent of the Nation’s nonstop, never touched land. This is ery that leaves too many people vul- wealth, but the top 1 percent in taxes one of the most historic adventures nerable, too many parents wondering if pays only 28.3 percent of the taxes ever undertaken by a human being,

VerDate Mar 15 2010 00:23 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.017 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2294 CONGRESSIONAL RECORD — SENATE April 16, 2012 solo, nonstop, around the Americas— Yes, he is going to set a very fantastic whether to invoke cloture on the mo- 313 days in treacherous waters. He has record. It has never been done before. tion to proceed to Paying a Fair Share not set foot on dry land for the entire But he is doing it to raise money for Act of 2012, to enact the so-called journey. He has not stopped. Chesapeake Region Accessible Boat- Buffett rule. It is ironic that we would I have had the privilege of talking to ing—CRAB for short. It is an Annap- be debating that subject right now be- Matt. I never met the young man—not olis-based organization that provides cause there is so much work we ought yet—but I had the privilege of talking sailing opportunities for physically or to be doing that would actually address with him on his satellite phone just developmentally disabled persons. You the fundamental problems our econ- last week, when he said to me it would can see now why I am so interested, as omy is facing right now. probably be the last phone call he the lead sponsor of the Americans With If you look at the President’s focus would make because all of his equip- Disabilities Act. I am deeply impressed on this particular issue and you look at ment is now starting to fail. He said: It by the fact that Matt has undertaken what his economic record consists of is like the boat is talking to me, and it this historic voyage in a cause larger since he became President, here is knows the journey is almost over. His than himself to make it possible for what we are looking at. Gas prices are solar panels have died, his wind gener- more people with disabilities to have up 111 percent since President Obama ator is gone, his engine doesn’t work, the opportunity to experience and took office. There are now 38 months in and he is out of power. He is only under enjoy boating and sailing. One of the a row where we have had unemploy- sail, he has no engine any longer, and fundamental goals of the Americans ment that exceeded 8 percent. We have he says that when big waves hit, the With Disabilities Act is that people seen college tuition go up by 25 per- boat creeks and groans. He is just with disabilities should be able to par- cent. We have seen health care costs go about to make it into the mouth of the ticipate fully in all aspects of society, up by 23 percent. The number of people Chesapeake Bay. What a tremendous and that includes recreational opportu- on food stamps in this country is up by adventure. Right now he is about 15 nities such as sailing, which can be ex- 45 percent. The Federal debt we are miles off of Kitty Hawk, NC. So 313 hilarating and empowering for children handing off to our children and grand- days after he began, he will make land- and adults with a wide range of disabil- children is up by 47 percent. That is fall this Saturday at the National Sail- ities. this President’s economic record. ing Hall of Fame dock in Annapolis, I salute Matt for his courage. He is It is ironic that we are here today MD. That will be the first time he will almost home. He will be here this Sat- talking about something even the set foot on dry land in 313 days. urday. Here is the young man sitting I am in awe of Matt’s courage, his White House admits is a gimmick that on his boat. I assume that picture was would do nothing to reduce the Federal character, and his audacity to do this. taken when he was up in the Northwest He is in a class with a tiny group of ex- debt, strengthen the economy, or move Passage because he looks pretty cold, us toward the fundamental tax reform plorers and adventurers, pathbreakers but he is a young man with extreme who defied odds to accomplish great- that is sorely needed for this country. courage. What an audacious under- On April 1, just over 2 weeks ago, ness. I think of Joshua Slocum, the taking. People advised him no, that he America claimed the dubious distinc- first person to sail singlehandedly could never do it, that the odds of him tion of having the highest combined around the world. It took him 3 years. surviving through all these treacherous He covered 46,000 miles. He made many corporate tax rates among advanced waters were very small, but he decided economies when Japan implemented stops, but he did it between 1895 and to do it nonetheless. He is setting a 1898—the first known solo circumnavi- its corporate rate tax reduction. Yet, tremendous record. I salute him for rather than debate how best to reform gation of the Earth. I think of Sir wanting to share his love of sailing our Tax Code to help American compa- Francis Chichester, who sailed from with the disability community, for nies compete in a global economy, we Plymouth, England, in 1966, the first using his adventure to raise awareness are instead spending our time on a po- person to achieve a true circumnaviga- and expand access to sailing to Ameri- litically motivated measure that ev- tion of the world solo, from west to cans with disabilities. east, via the great capes. He did so in I say to all, if you want to learn more erybody knows is not going to become 226 days with one stop in Australia. I about Matt and the mission, you can law. Before we consider why the Buffett think of Dick Rutan and Jeana Yeager go to his Web site. It is very easy to re- rule is bad tax policy, let me start by and their Voyager aircraft—now hang- member; it is just solotheamericas.org, acknowledging just how inconsequen- ing in the Smithsonian—in 1986, the www.solotheamericas. You can go back tial this change in law would be. Ac- first to fly around the world nonstop and follow him through this entire without refueling. I think of the ex- journey around the Americas— cording to the Joint Committee on traordinary feats of physical endurance solotheamericas.org. Taxation, the bill offered by Senator and courage of Robert Peary in 1909, I applaud Matt Rutherford for his vi- WHITEHOUSE would raise tax revenue by the first person to reach the North sion and spirit. I wish him safe passage $47 billion over the next 10 years. This Pole; Roald Amundsen in 1911, the first during this final leg of this epic jour- means the legislation, if enacted, person to reach the South Pole; and Sir ney. I hope to have the honor of meet- would raise each year about half of Edmund Hillary in 1953, the first per- ing him and thanking him upon his re- what the Federal Government spends son to climb Mount Everest. Matt turn. Matt Rutherford is one of those every single day. Think about that for Rutherford now finds himself in this remarkable human beings who dream just a moment. President Obama has very exclusive company and club of au- big, driven by big challenges, who been flying around the country touting dacious adventurers. refuse to accept the limits and bound- the importance of a proposal that, if However, I would say Matt Ruther- aries so-called reasonable people read- enacted, would raise about half of 1 ford has in important ways surpassed ily acknowledge, who put aside fear in day’s worth of Federal spending. So be- the feats of, say, Slocum and order to accomplish great and good tween now and this time tomorrow we Chichester because Slocum and things, not just for themselves but for will actually spend more Federal tax Chichester made stops during their others. That is Matt Rutherford. I dollars than what this would bring in voyages. Matt is accomplishing his again applaud him for his courage and in an entire year. Put another way, the voyage solo, nonstop, on a small 36- for sticking with it. It is one of the revenue this legislation would raise year-old boat, 27 feet long, best suited great feats of ocean sailing that have each year amounts to .03 of 1 percent of for weekend sailors who do not want to taken place in the entire history of the $15.6 trillion national debt—.03 of 1 venture outside of the Chesapeake Bay. sailing the great oceans. He will be percent of the Federal debt. This bill As I said, the Scott Polar Institute in back this Saturday. As I said, we hope would raise less than 1 percent of the England has already recognized him as he has fair winds and a following sea $6.4 trillion in deficits projected over the first person in recorded history to for the next 4 or 5 days. the next decade under the Obama ad- make this sail solo through the North- The ACTING PRESIDENT pro tem- ministration’s budget. west Passage in a small sailboat. pore. The Senator from South Dakota. This bill is clearly not about deficit Here, again, is where Matt is in a Mr. THUNE. Mr. President, very soon reduction or taking any meaningful ac- class by himself. Why is he doing it? the Senate is going to be voting on tion to get our fiscal house in order.

VerDate Mar 15 2010 00:23 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.019 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2295 What then is this legislation about? already paying a huge share of income expiring provisions, our economy will The President and many Democratic taxes. And for that small minority of face a tax increase of over $400 billion Members of Congress stated they be- wealthier Americans such as Warren in 2013. lieve the Buffett rule is about ‘‘tax Buffett who feel compelled to pay high- Allowing 2001 and 2003 tax rates to fairness.’’ Their view is that wealthy er taxes to the Federal Government, I expire would be an enormous tax in- Americans are not paying their ‘‘fair propose that we make it easier for crease on our economy equal roughly share.’’ Unfortunately for supporters of them to do so. to 2.5 percent of the GDP. According to this legislation, the facts simply don’t Last October I introduced the Buffett the Congressional Budget Office, allow- support that view. Rule Act of 2011, which currently has 40 ing the new tax increase to go into ef- According to the Organization for cosponsors here in the Senate. My leg- fect would slow GDP from 0.3 percent Economic Cooperation and Develop- islation would create a box on the Fed- to 2.9 percent. That would mean a loss ment, the United States already has eral tax forms that individuals or busi- of at least 300,000 jobs and could mean the most progressive income tax sys- nesses could check if they wish to do- the loss of as many as 2.9 million jobs. tem among its 34 member nations. In nate additional dollars to the Federal This massive tax increase could mean fact, in 2009 the top 1 percent of tax- Government for debt reduction. We the difference between a sustained eco- payers by adjusted gross income paid 37 should make it as easy as possible for nomic recovery and falling back into percent of all Federal income taxes those who want to pay higher taxes to recession. even though they only accounted for 17 voluntarily make those payments, but Yet here we are today discussing a percent of all income. Let’s take the let’s not impose a new tax on entre- bill that would not extend tax relief for top 5 percent of taxpayers. They paid 60 preneurs and small business owners hard-working Americans. It would not percent of all income taxes even who believe they can spend their own forestall a massive tax increase on our though they only accounted for 32 per- dollars better than Washington can. economy. The bill before us would do cent of all income. In 2009, taxpayers Some have attempted to characterize one thing and one thing only, and that with over $1 million in adjusted gross this bill as a step toward comprehen- is target higher taxes on a smaller sub- income accounted for 10 percent of in- sive tax reform. When I say this bill, I set of our population in order to serve come reported but paid 20 percent of in- am talking about the bill we are going a political purpose. It is time to end come taxes. to be voting on later. Unfortunately, it the class warfare of pitting one group In terms of effective income tax is exactly the opposite. Comprehensive of Americans against another and in- rates, the Congressional Research tax reform is needed for many reasons, stead move forward with ensuring that Service recently reported that the av- but one major reason is because we des- tax relief is there for all Americans. I erage effective tax rate among million- perately need to simplify our con- hope that once the cloture motion fails aires is already 30 percent. It is true voluted tax system. How is a bill that later today, we can pivot to what most that some millionaires such as Warren adds a new layer of complexity to the American people want us to do and Buffett pay a lower effective tax rate Tax Code a step toward comprehensive that is to enact measures that grow the because they get a large percentage of tax reform? It is bad enough that we pie, to expand our shared prosperity their income from capital gains and already have an alternative minimum rather than the politics of envy and dividends. The lower tax rate on in- tax that snares millions of American wealth redistribution. vestment income is not a tax loophole; families. The Buffett tax, if it is en- The opportunity cost of all of these it is the result of a deliberate policy by acted, would become an alternative al- tax-the-rich proposals offered by our Congress and past Presidents to en- ternative minimum tax. It would be a Democratic colleagues—whether the courage new investments in our econ- new layer of unnecessary complexity millionaire surtax or Buffett tax—is omy. on top of an already existing layer of that they distract us from what should In fact, in 1997, Democratic President unnecessary complexity. be our focus, and that is fundamental Bill Clinton signed into law a reduction We should not forget that the alter- tax reform. in the capital gains tax rate from 28 native minimum tax was originally put The former Director of the CBO, percent to 20 percent. What was the re- in place back in 1970 to ensure that 155 Doug Holtz-Eakin, recently released a sult of that rate reduction? Taxable wealthy Americans paid a higher rate study where he estimated that com- capital gains nearly doubled over the of tax. Yet this year over 4 million prehensive tax reform could raise the next 3 years. Unemployment fell below Americans are going to be hit by the rate of GDP growth by at least 0.3 per- 4 percent, and the increased Federal alternative minimum tax. In fact, if centage points annually. This faster revenue from capital gains realization Congress does not act to enact the rate of GDP growth would result in in- held a Federal budget surplus. AMT patch for tax year 2012, the Con- creased Federal revenues in the range But rather than learning the lesson gressional Budget Office projects that of $80 billion to $100 billion each year, that lower taxes on investment income more than 30 million Americans will be much more than the Buffett tax is pro- lead to more investment, the Buffett subject to higher taxes due to the al- jected to raise. tax would take us in the opposite direc- ternative minimum tax. Clearly So I will say to my Democratic col- tion. The Buffett tax is nothing more Congress’s record of targeting tax in- leagues, if you want tax policies that than a backdoor tax on the nearly 60 creases at only the very wealthy is not raise more Federal government rev- percent of all capital gains and divi- very good. enue, broad-based, comprehensive tax dend income earned by upper income The Obama administration has stat- reform is the way to get there. But, of taxpayers. We can debate about how ed that its intent is for the Buffett rule course, tax reform is going to be dif- best to encourage new investments in to replace the existing alternative min- ficult and it will require Presidential clean energy and high technology or in imum tax. Yet according to an analysis leadership as much as it required Presi- other important sectors of our econ- by the Joint Committee on Taxation, dential leadership back in 1986. It is omy, but I hope we can all agree that replacing the existing AMT with the easier to promote measures such as the raising taxes on these investments is Buffett tax would add nearly $800 bil- Buffett tax that do nothing to improve not the best way to encourage them. lion to the deficit over the next 10 our tax or our economy but that make We should bear in mind that the cur- years. It is time for the gimmicks to for a good 30-second political ad. rent U.S. integrated tax rate is 50.8 stop and the Senate to get serious I understand why some of my col- percent, the fourth highest among about the real tax issues that are fac- leagues want us to have this political OECD nations. It is bad enough that ing us. The reality is we have a $5 tril- debate today, but I hope we can move America has the highest combined cor- lion tax increase over the next 10 quickly to real progrowth tax reforms. porate tax rate. Perhaps some sup- years—the largest tax increase in our That would be the best means by which porters of the Buffett tax would also Nation’s history—staring us in the face to promote real tax fairness for all wish us to have the highest tax on in- come next year. If we don’t act to ex- Americans. I believe all Americans vestment income as well. Simply put, tend the lower individual tax rates, the want to see this Congress working in a the Buffett tax is a solution in search lower estate tax rates, the lower rates way that expands the pie, not redistrib- of a problem. Wealthy Americans are on capital gains and dividend and other utes it.

VerDate Mar 15 2010 00:23 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.021 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2296 CONGRESSIONAL RECORD — SENATE April 16, 2012 We should be looking at ways we can will bring invaluable experience in ci- and they are balancing their military grow the economy and make and create vilian law enforcement that will be service with their civilian careers at more jobs for more Americans, raise critical to this mission. home. We can’t thank them enough for the standard of living, quality of life The 260th Engineering Support Com- what they are doing. Americans enjoy in this country. It is pany will also leave Montana April 30 It is hard to capture the nature of clear the one way not to do that is to for a year-long tour in Afghanistan. their service unless one has seen it raise taxes on the people who invest The unit is from Miles City, firsthand. During my visit to Afghani- and create jobs in this country, and Culbertson, and Sidney. They will per- stan, I was so impressed by the service that is precisely what this particular form the dangerous mission of clearing tax would do. It is the wrong approach. explosives off roads and protecting U.S. and professionalism of our troops serv- It is clearly motivated by political pur- convoys from Taliban attacks. The 95 ing there. They were remarkable. poses, nothing more than to create a members of this unit have received spe- One brief story from a guardsman good 30-second political ad in an elec- cialized explosive training and they are serving in Iraq in 2011 captures the tion year. If the American people see ready to go. spirit of who those men and women through this, they understand what This past February 60 members of the are. Montana Specialist Chvilicek was plagues Washington, DC, is not a rev- Bravo Company 1st of the 189th Gen- serving as a medic in a convoy near enue problem, it is a spending problem. eral Support Aviation Brigade left Hel- Balad. His convoy hit an IED which cut For those who want to pay more, we ena for a tour in Afghanistan. Their Specialist Chvilicek’s arm and ear with have a way of doing that. Let’s enact unit flies and maintains six CH–47 Chi- shrapnel. Instead of attending to his legislation that allows people in this nook helicopters and has a lifeline of own wounds, Specialist Chvilicek im- country who have that kind of income supplies, ammunition, food, and water mediately sprang into action, pro- to be able to check a box to contribute for air troops. They help get the troops viding medical care to his fellow sol- more in tax revenue toward tax reduc- where they need to go to accomplish diers. That is remarkable, but it is not tion, but let’s not impose and require their missions quickly and safely. uncommon. That is exactly the kind of and mandate these types of taxes on Last March, 12 Montana Guardsmen spirit these troops have. the people in this country who are cre- returned from duty in Iraq and Kuwait. ating the jobs and have an opportunity They flew C–12s, getting troops where Our Nation has been at war now for to help us grow this economy and put they needed to go to accomplish top- more than 10 years. These men and more people back to work. After all, priority missions. women represent the 1 percent of our that is what the American people want In 2011, nearly 100 Montana troops de- country serving in the military who us to be focused on. ployed again to Iraq. They were Charlie are bearing a very heavy load for the I yield the floor. Company 1st of the 189th, and they rest of us. The ACTING PRESIDENT pro tem- were among the last of the combat Montanans do not take these men pore. The Senator from Montana. troops on the ground. They provided Mr. BAUCUS. Mr. President, I ask to and women for granted. Friends, fami- medevac support for the famous road speak as in morning business. lies, neighbors and communities show The ACTING PRESIDENT pro tem- march that brought our troops out of up to wish them well when they deploy pore. Without objection, it is so or- Iraq from Camp Adder, near Nasiriyah, and greet them when they return dered. to the Khabari border crossing into Ku- home. They send care packages over- wait. MONTANA NATIONAL GUARD seas and fill in as babysitters here at Mr. BAUCUS. Mr. President, tomor- In 2010, more than 600 Montana Guard home. They provide hands to hold and row 145 Montana Guardsmen will kiss troops served in Iraq, and thousands ears to listen. their husbands and wives, hug their more had deployed there in previous years. To every Montanan serving as part of children, say goodbye to their friends, that support system and to every em- and get on a plane from Billings, MT to Our Air Guard has been busy. In 2010, 99 members of the Red Horse squadron, ployer of a national guardsmen: thank Afghanistan. Two weeks from today 95 you for what you do. more Montanans will do the same. To- an engineer unit, spent a year working gether these 240 Montana Guardsmen in Afghanistan. They built about every Last year I had the honor of attend- are in the long line of thousands of kind of structure you can imagine to ing a deployment ceremony in Helena. Montanans to deploy since 9/11. More support the mission on the ground, A mother told me about what it was Montanans signed up for service after from fixing airfields, so our troops like when her husband was deployed. could land and take off safely, to con- 9/11 than any other State in the coun- To sum up what she said: It’s not try per capita. Since then, 6,668 Mon- structing observation towers vital to intelligence on the ground, to drilling easy for these families. For months, tana Guardsmen were deployed. Mon- there is one fewer helping hand around tana’s Guard has deployed at among wells to bring water to some of the most dangerous parts of the country. the house to help out with the car- the highest rate in the country. pools, the homework, the leaky fau- Each and every deployment requires At the same time, dozens of Montana cets, the lawn mowing, and everything enormous sacrifices from the Guards- airmen have deployed to support the men themselves, their families holding Air Sovereignty Alert in the Pacific. else that goes into raising a family day down the fort at home, their employ- They are our first line of defense in the to day. ers, and entire communities. They Pacific, on call 24 hours a day, 7 days a Our military families shoulder a make these sacrifices quietly. They week. heavy load to support the loved ones perform their missions with excellence, On top of all this, 53 Montana Airmen who deploy. But you will never hear professionalism, and without bragging. deployed individually to support mis- them complain. They are proud of their So I want to do a little bragging on sions over the course of the last year in service. their behalf and salute each and every Bahrain, Cuba, Djibouti, Kuwait, It is our job to do our part to make one as they prepare for combat. Kyrgyzstan, and a number of other lo- The 484th Military Police Company cations around the world. sure our troops and our families are leaving tomorrow is based in Malta, The Guard has their mission at home taken care of when they come home. A Glasgow, and Billings. Their mission as well. When flooding hit Montana big part of that is making sure they will be to help train the Afghan na- last week, the Montana National Guard have jobs to come home to. Recent un- tional police. They will be immersed in troops were some of the first folks to employment figures show that 9.1 per- the Afghan culture, working hand in respond with a helping hand. When cent of current or past members of the hand with the local officers deep in the Highway 12 was washed out, the town Reserve or National Guard were unem- heart of the city precincts. What an in- of Roundup basically became an island. ployed. In Montana that number is as credibly important and challenging The Montana Guard was their bridge, high as 20 percent for our troops re- task, and they are ready. carrying supplies back and forth. turning from Iraq and Afghanistan. We They have been training hard for this It is an understatement to say these need to work hard to bring that figure job for more than a year. Many of them guys are busy. They are volunteers, down.

VerDate Mar 15 2010 05:01 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.022 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2297 I was proud to work on getting a tax have a revenue problem; it has a spend- requires nothing less than a total equal credit to help businesses hire our vet- ing problem. Even one of President outcome regardless of effort. erans. Obama’s top economic advisers finally To most Americans, fairness allows And this week I am meeting with admits the Buffett tax will not ‘‘bring for the pursuit of their own dreams. It representatives from the Military Offi- the deficit down and the debt under also recognizes that no man and no cers Association of America to discuss control.’’ Based on his record, it is government can provide a guarantee of more ways we can help. clear the President would not put a success. One important piece is simply get- single dollar raised by his new tax to- The waves of immigrants who have ting the word out. With the help of the ward the debt. He will just spend it. come to our shores over generations Iraq and Afghanistan Veterans of So the President has now changed his did so for freedom and for a chance to America the Employer Support of the story once again. Now he says this is succeed. They did not come to be taken Guard and Reserve, the American Le- no longer a way to pay down the def- care of and to have every decision gion, and the Veterans of Foreign icit. Now he says it is just a matter of made for them by the government. Wars, we can make sure that both vet- fairness. That is what many of them were leav- erans and employers know about it and President Obama has been using the ing behind. take full advantage of the credit. word ‘‘fair’’ in quite a few of his cam- When President Obama pushes for In 1776, Thomas Paine wrote: ‘‘These paign speeches lately. It is a word of equal outcomes instead of equal oppor- are the times that try men’s souls. The great appeal to most people. Just like tunity, he is trying to pit one Amer- summer soldier and the sunshine pa- ‘‘hope’’ and ‘‘change’’—the buzz words ican against another. He is telling peo- triot will, in this crisis, shrink from of the 2008 Presidential campaign—peo- ple it is not fair that someone else has the service of their country; but he ple can interpret it to fit their own something they don’t have. That may that stands by it now, deserves the love meaning. President Obama’s idea of be a clever campaign tactic, but it is and thanks of man and woman.’’ fairness doesn’t match up with the not true, and it is bad for our country. The Montana Guardsmen leaving this American people’s idea of fairness. One person getting more does not mean month, their families and entire com- Senator MCCONNELL earlier made ref- someone else has to get less. In Amer- munities, will face a true trial in Af- erence to an editorial I wrote in Inves- ica, it is possible for all of us to pros- ghanistan. We thank them deeply for tors Business Daily. President Obama per. That is what made America dif- their service and sacrifice. thinks it is fair that our children and ferent from the very beginning—the To every Guardsmen deploying to- grandchildren will be burdened with prospect that all of us can do better— morrow: Thank you for your service. debt because of Washington’s reckless not at the expense of our neighbors but And good luck. Please know you are on spending, such as borrowing 42 cents of by our own effort. our minds and in our hearts each and every $1 it spent so far this year. Presi- There is something that threatens to every day. dent Obama thinks it was fair to pile keep all of us from success. It is the I yield the floor. another $40,000 of debt onto every thing that threatens to keep us all The ACTING PRESIDENT pro tem- household in the United States over from passing on to our children the pore. The Senator from Wyoming. the last 3 years. hope for their own prosperity. It is the Mr. BARRASSO. Mr. President, I President Obama thinks it is fair to crushing debt, the debt this adminis- have risen many times over the past 3 use college students as props for his tration has been forcing onto the backs years to talk about the bad policy campaign-style rallies without explain- of American workers. It is the moun- choices of the Obama administration ing how his bad policies will leave tain of bureaucracy that stifles Amer- and the harmful effects of these poli- them in debt. President Obama thinks ican opportunity. cies on our economy and on the Amer- it is fair to force hard-working tax- The old maxim says that a rising tide ican people. payers to subsidize a wealthy person’s lifts all boats. President Obama seems In many ways, the President’s deci- purchase of a hybrid luxury car be- to think it is better to put holes in all sions have made things worse in our cause it fits into his idea for American of the boats as long as that means they country. The bill before us today would energy. are all equal in the end. That is what impose what is being called the Buffett President Obama thinks it is fair to he seemed to be saying in 2008 during tax. It is just one more example of a hand out hundreds of millions of tax- one of the Democratic Presidential de- policy that will hurt our economy, not payer dollars to politically connected bates. help it. This tax will take money from solar energy companies that then go Moderator Charles Gibson asked the pockets of small businesses that bankrupt. President Obama thinks it is then-Senator Obama why he favored they would use to create jobs. More fair to tell thousands of workers they raising taxes on capital gains. Our his- than one-third of all business income will not have jobs because he has tory clearly showed that when the tax reported on individual returns would be blocked the Keystone XL Pipeline. rate has gone up, government revenues hit by this tax increase. Why? To solidify his support with a few actually went down. Senator Obama Back in September President Obama far-left environmentalists. said he wanted to raise taxes anyway said this tax hike on American families President Obama thinks it is fair ‘‘for purposes of fairness.’’ would raise enough money not only to that more than half of his biggest fund- In the name of achieving what he pay for his increased spending but it raisers won jobs in his administration. considers to be fair, the President was would ‘‘stabilize our debt and deficits That is right, more than half, which willing to hurt millions of hard-work- for the next decade.’’ Back then he has been reported in the Washington ing families who already paid taxes on said: ‘‘This is not politics; this is Post. President Obama thinks it is fair their income—families who invested math.’’ to give important jobs to people who some of that income and now would Of course, we now know the Buffett fail to pay their own taxes, such as his have to pay higher taxes again when tax is only about one thing: politics. own Treasury Secretary. they decide to sell some of those in- The increased tax revenue would Apparently, President Obama thinks vestments. The President didn’t even amount to about $5 billion this year, it is fair that 3 years of the Obama care if Washington ended up with less which is about the same amount of economy have left us with more people money as a result of his efforts to pun- money Washington will borrow over on food stamps, more people in pov- ish success. The only important thing the next day and a half. The President erty, lower home values, higher gas was that he thought it would be more would have to collect his so-called prices, and higher unemployment. fair. Buffett tax for more than 200 years just There are many ways in which the That is a pretty extreme definition of to cover the Obama deficit from last American people’s understanding of what ‘‘fair’’ means, and it is not one year alone. That is not just my math; ‘‘fairness’’ differs from the way Presi- the American people share. In any fair that is the math from the Joint Com- dent Obama has been using the word. society, doing better should be a con- mittee on Taxation. To the vast majority of Americans, sequence of one’s efforts. To President The Buffett tax will not fix Washing- ‘‘fair’’ means an equal opportunity to Obama, fairness means getting some- ton’s debt because Washington doesn’t succeed. To President Obama, ‘‘fair’’ thing for nothing.

VerDate Mar 15 2010 05:01 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A16AP6.004 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2298 CONGRESSIONAL RECORD — SENATE April 16, 2012 The American dream is about people It is why Washington can never provide working entrepreneur without the using ingenuity, ambition, and hard for people as well as people could and United States of America. They have work. It is about overcoming obstacles. should provide for themselves. gone to public schools. They have en- Americans admire the inventor who President Obama is focused on fixing joyed public transportation. I could go works long hours in the garage, build- all of the faults he sees in the Amer- through a variety of public institu- ing and failing and trying again and ican people. Republicans are focusing tions—safety in our dams, now cyberse- again until this inventor succeeds. on giving the American people the op- curity, wars that are fought by our Americans speak with pride about hav- portunity to succeed using their tal- military for which they will not go or ing worked their way through college ents and their hard work. When Wash- will never go. So we need to have a way washing dishes, pouring concrete, flip- ington tells people: Don’t worry; your of paying our bills. ping hamburgers—whatever it took for government will take care of all your When we hear the great President them to reach their goals. needs, it does them no service. It only John F. Kennedy quoted saying: ‘‘Ask Most Americans don’t speak with deprives people of their freedoms to not what your country can do for you, pride about being bailed out by Wash- make their own choices, to stand on ask what you can do for your country,’’ ington or cashing a government check. their own two feet, and to earn their it is called pay your share. The idea of people earning their suc- success. Let’s talk about what the Buffett cess has been a vital part of our Na- The American people don’t want rule actually is and what the Senator tion’s character since our founding. It Washington to pick winners and losers. from Rhode Island is advocating—and I does not come from government. It They want a fair chance to win on salute him for offering it. This would cannot be redistributed. their own. That is why they are asking ensure that high-earning Americans The more government tries to redis- for a clear and limited set of rules and who make more than $1 million a year tribute success, the more strings it at- the assurance that those rules apply to pay at least 30 percent income tax on taches because a handout from Wash- all of us, even those who donate to their effective rate on their second $1 ington always comes with strings at- President Obama’s reelection cam- million. tached. paign. They are asking that the rules Let me repeat what this is. People’s The President’s health care law is a not change on the whims of some first $1 million they keep at the same perfect example. It is built on shifting unelected bureaucrat in Washington. tax rate it is right this afternoon. What we are talking about is changing millions of people onto Medicaid, a pro- They want to know they still have the the tax rate not on their first $1 mil- gram designed to take care of low-in- right to control their own choices. come Americans. Putting more people President Obama says it is fair for lion but on their second $1 million. I do on Medicaid is not the same as giving Washington to make the decisions so not think that stifles entrepreneurship. I do not think it breaks the neck of them access to the medical care they that everyone is equal in the end. He small business. need. says it is fair to take more money from Giving people unemployment bene- I know so many small businesses. hard-working families and small busi- They like to make that million bucks fits and funding short-term stimulus nesses through the so-called Buffett jobs is not the same as freeing up em- and then pay that. What the small tax we are debating today. business needs is not more tax breaks; ployers to hire more workers and pro- Tax increases will not help our frag- they need more customers, which is viding long-term jobs and actual ca- ile economy, and they will not put the reers. Handing out benefits from Wash- about more jobs. brakes on Washington’s out-of-control I think this bill talks about this fair- ington may provide a safety net in the spending. Republicans want to promote ness. It would phase in additional tax short run, but when the short run turns economic growth for everyone, not liability for taxpayers earning between permanent it robs people of the tools equality of outcome at everyone’s ex- $1 million and $2 million to avoid a tax and incentives they need to succeed. It pense. cliff, and they are saying: Oh, well, does even greater damage to our econ- Despite what President Obama may let’s keep our money so we can give it omy when President Obama pays for it believe, America is not an unfair place. to charity. This preserves the incentive by piling more debt on the backs of True fairness requires equal oppor- for charitable giving. American taxpayers. tunity so all may pursue their Amer- Quite frankly, from what we are told, We all recognize the value of the so- ican dream. That is what America was the highest earning 400 Americans cial safety net. None of us—I repeat, founded on, and that is the philosophy make about $270 million each. They are none of us—wants to eliminate that that must be allowed to lead us to a the ones who paid an effective tax rate protection. To be true to this country’s more prosperous future for all. of 18 percent. Just think, they make greatest traditions, it must be a real Mr. President, I yield the floor. $270 million. That is not exactly the safety net to catch people who are fall- The ACTING PRESIDENT pro tem- entrepreneur in a garage. That is not ing. It must never become a net to en- pore. The Senator from Maryland. exactly that small businessperson, a tangle them so they cannot rise nor a Ms. MIKULSKI. Mr. President, I rise florist, or like my grandmother run- comfortable hammock on which they to speak on the Buffett rule. How much ning that Polish bakery or like my fa- choose to recline. time is allocated to me? ther with his little grocery store. Somewhere along the way Wash- The ACTING PRESIDENT pro tem- Mr. President, $270 million each— ington twisted the honorable American pore. There is 18 minutes remaining on they pay 18 percent. So here it is April impulse to care for the most vulnerable the Senator’s side of the aisle. 16, they paid 18 percent. That, by the among us. That shift now threatens to Ms. MIKULSKI. Mr. President, I will way, is the rule. All we are saying is produce a culture of dependency that take no more than 5 minutes. they can pay that 18 percent on their weakens our society and hurts the peo- I support the Buffett Rule because I first $1 million, but on that second $1 ple it was meant to help. do believe in fundamental fairness that million they have to get into the game A half century ago, John F. Kennedy if people live in the United States of and start to pay 30 percent. appealed to the great spirit of America America, if they benefit from the I think this is a great idea. I want my when he said: United States of America, both its na- colleagues, when we vote for cloture, to ‘‘Ask not what your country can do for tional security and its public institu- be able to do this. The Buffett rule sup- you, ask what you can do for your country.’’ tions, and the public progress because ports fairness in the Tax Code so execu- Today, the Obama administration is of that—such as public education, land- tives do not pay a lower rate than the trying to make Washington irreplace- grant colleges—they need to pay their people who work in the mail room or able in the lives of Americans. The fair share. This is what America is all on the FedEx trucks delivering their great irony, the great tragedy, is that about, fairness. And we are all in it to- products. It does support prosperity no one is more trapped by this failed gether. and entrepreneurship. As I said, it does redistribution than the poorest—the I have heard all afternoon about, oh, not kick in until their second $1 mil- people the President so often claims to this hard-working entrepreneur, and, lion, and then it is phased in slowly. be trying to help. That is part of the oh, this hard-working small business A lot of people are saying: We do not downside to the culture of dependency. person. Nobody gets to be that hard- want these handouts from the Federal

VerDate Mar 15 2010 05:01 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.038 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2299 Government. It wrecks our entrepre- Obama, the Buffett tax. This legisla- 31.2 percent, more than twice as much. neurship, our get-up-and-go. tion would create a new 30-percent al- So the average tax the secretary or I do not believe that. I do not believe ternative minimum tax for filers who somebody else like that might pay is that at all. If that were true, then why make $1 million or more, which would 14.2 percent. The average tax paid by is it who gets the biggest handouts in include many successful small busi- high-income Americans is 31.2 percent. our country but those who get tax ear- nesses. Unfortunately, the legislation Incidentally, President Obama’s ef- marks. We eliminated them in the Ap- would hurt small businesses more than fective tax rate this year is 20.5 per- propriations Committee, but we are yet it would raise revenue for the govern- cent. Should he be paying more or is to eliminate the tax earmarks in the ment. that enough? He has a tough job. Tax Code. Today I want to talk about why this Here are some other interesting tax Look how hard it was to get rid of legislation is fundamentally misguided facts. The top 1 percent of taxpayers the ethanol subsidy. Oh, my God. When and why it would be harmful to busi- pays 38 percent of total income taxes— we wanted to get rid of the oil and gas nesses, workers, and the economy. The actually, I think these numbers are subsidy, one would think we were Buffett tax may make for good politics dated; it is now closer to 40 percent— Darth Vader on the Senate floor. for President Obama on the campaign and that top 1 percent of taxpayers So every time we want to take away trail, but it is bad policy. It is deeply only earns 20 percent of the total in- a lavish tax break that only helps a few flawed. come. get more, we are stymied or stifled. Ac- First, let’s start with its premise. So here is the question of fairness: tually if they employed as many people There is a key misconception about We have the top 1 percent—they are in their businesses as they employ lob- Warren Buffett’s tax rate. The notion the top 1 percent because they earn the byists in Washington, we would be able that Mr. Buffett pays a lower tax rate top 20 percent of all income, the top to lower the unemployment rate. than his secretary is based on a funda- fifth, but they pay almost twice as So the other party was willing to mental misunderstanding of the Tax much in taxes, 38 percent in total in- bring us to the brink of default—re- Code. come taxes. member when we were dealing with the Mr. Buffett—and, I would add, many How about the top 2 percent of tax- debt ceiling—rather than tax billion- older Americans—obtains most of his payers? Well, they pay 48.68 percent— aires. We continue now to have that income from investments. That income nearly 50 percent, in other words—of same fight. This legislation we would is taxed at the capital gains rate. Mr. income taxes, and they earn 27.95 per- pass is a modest downpayment on re- Buffett and President Obama would cent of total income. So we have the forming the Tax Code. We do have to have us believe capital gains income top 2 percent paying almost half of all make it fairer, but this is a firm way to gets preferential treatment in the Tax income taxes. Is that fair? be able to do it. Code, but that does not tell the real The top 5 percent pays 58.7 percent; Sure, we have to look at the cor- story. earns 34.7 percent. The top 10 percent porate tax code. We have to look at Capital income is actually taxed pays 69.9 percent—let’s say 70 percent— how to bring expatriated money over- twice. First, it is taxed at the 35-per- so we have the top 10 percent of tax- seas back home. Yes, we have to look cent rate that corporations pay on payers paying 70 percent of all the at rates. Yes, by the way, we have to their income—it is taxed; the money is taxes, earning 45 percent of the income. reward entrepreneurship and acknowl- paid to the government—and then it is Well, those are certainly the edge the special challenges of being a taxed again when the distribution of wealthy, and they are certainly paying small- and medium-size business. But capital gains or dividends is made to a big share. that is long range, and under the ar- the investors, when it is passed on to How about the less wealthy? Well, cane rules of our Senate we are now so shareholders as dividends or capital the bottom 95 percent—in other words, stymied in bringing up that legislation. gains. That means the tax rate is al- everybody but the top 5 percent—pays We could at least take one giant step ready far higher than 30 percent. It is 41.3 percent of income taxes; earns 65 forward to make our Tax Code fairer by actually not exactly 30 plus 15 percent, percent of the income. Is this fair? passing the legislation called the but it is higher than 30 percent, and it Maybe it is not fair that the top 2 per- Buffett rule, named after Warren is closer to 45 percent. cent pays almost half of all the income Buffett, one of our great American peo- President Obama ignores these facts taxes. How much would be fair? Should ple, a guy who gives capitalism real when he says Mr. Buffett pays a lower they pay 90 percent, 95 percent? meaning in our country. He says: Let tax rate than his secretary. We have to How about the 50 percent of house- me pay, and people like me pay, the count it twice, not just the second holds that pay no taxes and yet receive same rate of taxes as my administra- time. the same or greater benefits than those tive assistant in the front office. That leads me to my second point: who do? Is that fair? I think Buffett had a good idea. Let’s the fairness of the current Tax Code. The Joint Committee on Taxation es- codify it. Let’s pass it in the Senate Does it really favor the wealthy at the timates that 51 percent of all house- today. expense of others, as President Obama holds, which includes both filers and Mr. President, I yield the floor. argues? Perhaps one could cherry-pick nonfilers, had either zero or negative The ACTING PRESIDENT pro tem- some random statistics to show that income tax liability in 2009. People who pore. The Senator from Arizona. one person or another pays more or do not share in the sacrifice of paying Mr. KYL. Mr. President, let’s ask less, but the actual tax numbers show taxes have little direct incentive to ourselves a question. What is the pur- the real progressivity of the American care whether the government is spend- pose of taxes? Do we tax people to pun- Internal Revenue Code. Interestingly ing and taxing too much. Maybe that is ish them for their success or do we do enough, among all the industrialized why the President has no problem with it to raise revenue for the government? countries in the world ours is the most even more Americans getting a free Well, the answer is, of course, at least progressive. ride. up to now, the purpose of taxes is to In other words, the U.S. income-tax Here are a few more statistics. The raise the revenue the government code has the wealthier people paying a highest 1 percent of income earners needs to perform its duties and to do far higher percentage of income taxes have not seen the share of the income that in the least harmful way possible. than any other country in the industri- tax burden decline. In fact, their share President Obama, however, has a dif- alized world—yes, even more than Swe- of income is essentially the same as it ferent idea about the purpose of taxes. den and even more than France and was in 2000, but their share of taxes He thinks the government should take even more than the other countries in paid is higher. Collectively, only tax- more from some people just because Europe. payers with incomes greater than they are rich, even if the tax increases According to Congressional Budget $100,000 a year pay a share of taxes that hurt the economy. Office data, the average tax rate paid is greater than their share of income. So this week the Senate will vote on by middle-income Americans is 14.2 Actually, I think it is hard to argue what is called the Pay A Fair Share percent. In contrast, the average tax that our current Tax Code that taxes Act or, as described by President rate paid by a high-income American is the wealthy to such a high degree is

VerDate Mar 15 2010 01:20 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.051 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2300 CONGRESSIONAL RECORD — SENATE April 16, 2012 unfair. While the President says it is that tax hikes on capital gains, divi- form and that President Reagan would not fair, I find it interesting that his dends, and the top two individual tax have supported it. I think I can imag- own Treasury Secretary seems to agree rates, which are already scheduled to ine President Reagan responding: Well, that the current system is fair. occur in 2013, will shrink the economy there you go again. Let me read a portion of the tran- by 6 percent, will lower wages by 5 per- The Washington Post has a Fact script from a Finance Committee hear- cent, will decrease capital stock by al- Checker op-ed, and here is how they set ing with Secretary Geithner earlier most 16 percent, and will lose the Fed- the record straight on President this year. I asked him: Do you think it eral Government almost $100 billion in Obama’s claim that he was pushing the is fair that the top 1 percent of earners tax revenue. same concept—his words—as President in the United States pays just about 40 Adding an additional Buffett tax on Reagan: percent of the income taxes? Secretary capital will only decrease wages and Contrary to Obama’s suggestion that Geithner’s response: I do, because I do economic growth even further. Why is President Reagan was specifically arguing not see how the alternatives are more this? Because high taxes on income, for a new tax provision aimed at the super- fair. Next, I asked him if he thought it particularly investment income, de- wealthy, Reagan was barnstorming the coun- try in an effort to reduce taxes for all Ameri- was fair that the top 3 percent pays as press capital formation. There are cans, mainly by cutting rates, simplifying much as the other 97 percent of tax- fewer investments, which damages the the tax system, and eliminating tax shelters payers in income tax. Secretary abilities of businesses to grow, to cre- that allowed some people to avoid paying Geithner responded, ‘‘Again, I do.’’ So ate jobs, or to pay higher wages. any taxes at all. In other words, Reagan was if we want an income tax system that I challenge my colleagues to ask a pushing for a tax cut for everyone, not just is fair according to the Obama admin- roomful of economists this question: an increase on a few. istration’s own standards, we already Does increasing the cost of capital lead Obama and Reagan did use similar anec- to higher or lower economic growth dotes—and even the phrase ‘‘fair share’’—but have it. The argument that top-tier in service of different goals. earners are not doing enough just does and job creation? Well, the answer is President Reagan’s tax reform should not hold water. obvious. As President Kennedy said never be confused with a harmful polit- The third problem with the Buffett when he endorsed a capital gains tax cut, ‘‘The tax on capital gains directly ical gimmick such as the Buffett tax. tax is that it would harm many small I would like to show how higher cap- affects investment decisions, the mo- businesses. According to the most re- ital gains taxes have a negative effect bility and the risk flow of capital, as cent Treasury Department data, 392,000 on revenue. tax returns reported income of $1 mil- well as the ease or difficulty experi- Ever since the bipartisan capital lion or more. Of those, 331,000 reported enced by new ventures in obtaining gains cut in 1978, a pattern has re- business income and 311,000 met the capital and thereby the strength and peated itself over and over: Raising the Treasury’s definition of ‘‘business potential for growth in the economy.’’ capital gains rate reduces revenues. It is also important to remember owner.’’ So this is a tax that would dis- Lowering it has led to revenue in- that we are not making tax policy in a proportionately affect small businesses creases. That is partially because cap- vacuum. We are competing for capital and other job creators. ital gains taxes are an elective tax. The and investments with every other na- Four out of five tax filers that would tax is only paid when investors sell tion on Earth. The President has con- be affected by the Buffett tax are the their assets. And frequently they wait ceded that our high corporate tax rate very businesses we are counting on to to sell their assets for the rates to go harms our international competitive- lead us back to an economic recovery. down when it will cost them less to sell ness and has expressed tepid support If enacted, these tax increases would those assets. have a negative effect on employers for lowering it. But those benefits The Wall Street Journal recently trying to create jobs. And this is not would be erased if capital gains taxes produced a chart to this effect, and I just my opinion. Take, for example, the are increased dramatically. am just going to summarize it. International Franchise Association, As the Wall Street Journal points In 1978 President Carter signed an which recently said this: Franchise out, ‘‘Lowering the corporate tax rate amendment into law that cut the cap- business owners could be significantly makes the U.S. more competitive, but ital gains rate from 40 to 28 percent. challenged to grow and create new jobs the tax change is self-defeating if it’s What was the result? Less revenue? No. as a result of the Buffett rule, a tax in- combined with an even larger rise in Revenue from capital gains increased crease on individuals and small busi- the investment income taxes on capital by nearly $3 billion, and yet the rate ness owners. gains and dividends.’’ was reduced. It continues: According to a recent Ernst & Young Congress cut the capital gains rate Taxing job creators will seriously impede study, the integrated tax rate on cap- again to 20 percent in 1981 as part of the ability of franchise businesses to expand ital gains is already over 50 percent— the Reagan tax cuts. As the Journal their operations and to create new jobs, par- 50.8 percent to be exact. That is more notes, revenue did not fall in 1982. By ticularly multi-unit franchise operators and than twice the rate in China, for exam- 1983 capital gains revenues soared to the majority of franchise businesses who file ple. $18.7 billion: Lower rate, higher rev- their business income on their own personal If Congress does nothing, capital tax return. enue. gains rates will rise again to 56.7 per- In 1986 the capital gains tax rate was So these are the very folks the Treas- cent next year. That is the second returned to 28 percent as part of the ury Department identified as paying highest in the world. If the Buffett tax tax reform package. Guess what. Reve- taxes as individuals but who are, in increase is layered on top, taxes will nues soared as investors cashed in their fact, business owners. consume almost two-thirds of capital gains before the tax increases hit and Under current law, a massive tax in- gains, and we will have the highest in- then plunged in 1987. crease on income, capital gains, and tegrated rate by far of any of our inter- The point is investors get to play. dividends is already set to occur on national competitors. We have to re- They get to decide. When the rate goes January 1 of next year. In addition, member that in a mobile world econ- down, they can sell their property with under ObamaCare, some Americans omy, capital is highly mobile. Does less cost. When the rate goes up, they will be hit with a 3.8-percent invest- anyone believe that such a confis- hang on to their property. They do not ment surcharge beginning next year. catory capital gains rate imposed by sell it because they will have to pay Imagine what all of these taxes will do the Buffett tax would not lead to less more when they do. to small businesses and startup compa- investment in the United States and In 1997 President Clinton and con- nies. more in other countries? As somebody gressional Republicans cut the rate But that is not enough new taxing for said, this is not just shooting ourselves back to 20 percent, and revenues from President Obama in his war against in- in the foot, it is shooting ourselves in capital gains doubled by the year 2000 vestments and success. According to the head. to $127.63 billion. economist Stephen Entin, tax increases Let me address President Obama’s The Journal notes: on capital are some of the most de- suggestions that the Buffett tax some- Congress shouldn’t be fooled by govern- structive to the economy. He estimates how constitutes fundamental tax re- ment forecasters who predict a revenue boost

VerDate Mar 15 2010 01:20 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.039 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2301 from a higher capital gains rate. They’ve Remember that four-letter word, tion provisions and sets the country on blown this call every time. ‘‘jobs’’? a path out of our $15 trillion debt. My last point addresses what the The President claims to be focused When you are in a hole, you stop Buffett tax would do for the Federal like a laser on the economy. Instead, it digging. When you are broke, you stop debt. The answer is next to nothing. appears that there is only one job that spending. Let’s examine the nonpartisan Joint he is focused on with this political pro- Rather than crafting a bipartisan Committee on Taxation’s estimate of posal. I submit that here in the Senate measure to deal with these issues, the the revenue that would be raised from we should be focused on jobs and en- administration instead has turned its the Buffett tax. Bear in mind that ergy legislation that can pass, not tax attention to the Buffett rule. This bill these estimates do not include the ef- hikes through show votes that are de- is symptomatic of a much larger prob- fect on economic growth, which could signed to fail. lem plaguing this administration—the dramatically reduce rather than raise Mr. ENZI. Mr. President, I rise today unwillingness to address the country’s Federal revenues, as history has to express my disappointment that the long-term fiscal imbalance and the di- shown. But let’s take the score at face administration and my friends on the version of the Nation’s attention to a value. Even without counting the nega- other side of the aisle continue to provision marketed as enhancing ‘‘tax tive impact on the economy, the avoid making the hard decisions to ad- fairness’’ that ultimately could impact Buffett tax would raise a mere pittance dress our Nation’s significant debt and very few taxpayers and does little to in the scope of Federal budgets. annual deficits. Instead, they are turn- address the Nation’s debt and deficits. When President Obama first proposed ing the Nation’s attention to a talking The Buffett rule is estimated by the the tax, he declared that ‘‘it could point, a shell, a sham, a political hoax Joint Committee on Taxation to raise raise enough money to stabilize our designed to distract this country from approximately $47 billion over 10 years debt and deficits for the next decade.’’ our real financial problems and the under current law. Even if current tax He said, ‘‘This is not politics, it’s real solutions we will need to get us rates are extended past their current math.’’ Well, let’s look at the math. out of this mess. expiration date of December 31, 2012, The Joint Committee on Taxation esti- The Paying a Fair Share Act of 2012, the bill is estimated to raise approxi- mate shows that the Buffett tax would dubbed the Buffett rule, that they de- mately $160 billion over 10 years. The raise only about $1 billion this year. So scribe as restoring tax fairness does Nation’s debt level is now over $15 tril- instead of a deficit this year of $1.079 nothing to address the fiscal disaster lion, and yearly deficits are running trillion, we would have a deficit of we are facing. The Buffett rule is, by over $1 trillion under this administra- $1.078 trillion. That does not exactly President Obama’s own admission, a tion. This bill is not a significant debt raise enough money to stabilize our gimmick. My friends, our country can and deficit reduction measure; instead, debt and deficits for the next decade, as no longer afford photo-op governance. it is simply an attempt to raise taxes the President said. The national debt has risen to over on owners of capital and job creators Over the first 5 years, the Joint Tax $15 trillion, or nearly $48,000 per person when they can least afford it. And, no, Committee shows that the Buffett tax in the United States, and this figure it is not a step in the right direction would collect about $14.7 billion. To keeps rising under an administration because it distracts us from real solu- put it in perspective, that will amount that consistently fights spending cuts tions. It is a political stunt. to less than. 08 percent of the projected of any kind. We must make spending The administration is ignoring the national debt in 5 years. And in the cuts if we are going to solve our fiscal fact that four out of five people with year 2014 the proposal is estimated to problems. incomes over $1 million and who would actually lose over $6 billion in revenue. Remember the President’s debt com- be hit by higher taxes as a result of the Why is this? Again, because capital mission, the Simpson-Bowles debt com- Buffett rule or any other millionaire gains taxes are largely voluntary. The mission the President appointed then tax are business owners, and these are investors targeted by the Buffett tax summarily ignored? Not everyone has the people the country needs to create are generally able to decide when to ignored it. I continue to work with my new jobs. A millionaire tax increase sell an asset. They can manipulate colleagues on legislation to get the like the Buffett rule means that over their sale to stay below the triggering country back on track financially. I one-third of all business income re- threshold of $1 million in the bill. This have introduced a bill called the one ported on individual income tax re- produces a lock, in effect, on capital as cent solution. It is also known as the turns would be taxed more. Particu- investments stay stagnant. So what is penny plan or the 1-percent solution. larly for those small businesses with the end result? Little if any revenue is My one cent solution bill would cut narrow profit margins, these additional actually raised. Business investments spending by 1 percent for 7 years and taxes would take even more money out decline. In turn, wages and hiring de- achieve a balanced budget in the eighth of their businesses and make it more cline. year. Every family can imagine taking difficult to invest, expand, and hire. Again, if the purpose of taxes is to one penny out of every dollar they Warren Buffett, for whom this bill is raise needed revenue rather than pun- spend. The Federal Government should named, generated most of his $40 mil- ish people, this bill completely flunks be able to do the same. lion in taxable income in 2010 from the test. So while this proposed tax in- In February, President Obama sub- dividends and capital gains, which crease might make some people feel mitted his fiscal year 2013 budget pro- under current law is taxed at 15 per- good, it will not solve any of our budg- posal to Congress. I hope it was the cent. Taking into account his wages of et problems. It will likely destroy jobs last budget proposal he will have the approximately $100,000 that are taxed and growth, and, as history has shown, opportunity to submit. Like his budget at up to 35 percent, Mr. Buffett’s effec- depressed economic growth from a tax last year in the Senate, the President’s tive tax rate was approximately 17.4 increase will make our budget prob- Budget in the House this year failed to percent. What if Mr. Buffett and other lems even worse than they are now. get a single vote. Even Democrats millionaires who are corporate share- In conclusion, the economy, as we shunned it. It failed 414 to 0. The holders were instead taxed like most know, is limping along at an anemic Buffett rule is pulled from the same small business owners who operate growth rate. Gas is $4 a gallon or more, bag of tricks. flow-through business such as sole pro- and 20 million Americans are unem- Despite his promises of fiscal dis- prietorships, partnerships, and S cor- ployed or underemployed. The eco- cipline and cutting the deficit in half porations, and are taxed immediately nomic downturn has taken a huge toll by the end of his first term, President on their business profits at ordinary in- on American families. They want Obama presented the American people come tax rates of up to 35 percent? Mr. Washington to focus on legislation that with another budget that spends too Buffett’s tax rate would have been will have an impact on jobs and gas much, borrows too much, and taxes too about 35 percent, double what he is re- prices. Instead, we are debating a show much. portedly paying now. Given that his bill that has no chance of passing and It is time for a change. Congress share of the corporate profits in any would not create a single American should take the lead by passing a budg- year could be much greater than the job. What happened to jobs, jobs, jobs? et that includes strong deficit reduc- dividends he currently receives, Mr.

VerDate Mar 15 2010 01:20 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.040 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2302 CONGRESSIONAL RECORD — SENATE April 16, 2012 Buffett himself could be paying signifi- President’s latest tax plan because it is It is absurd that at a time when our cantly more in taxes to the Federal essential we begin the debate on com- country has a $15 trillion national debt Government. I wonder if this would prehensive tax reform. I do this despite and enormous unmet needs, the cause Mr. Buffett to reconsider his po- my disappointment that the President wealthiest people in this country have sition on tax fairness. My friends, I am has not proposed a serious starting an effective tax rate that is lower than concerned that under the guise of tax point. Our Nation’s tax code needs to many middle-class workers. It makes fairness this administration will con- be overhauled, from top to bottom. The no sense that the richest 400 people in tinue to raise taxes in order to support tax plan offered by the bipartisan our country who earned an average of its out-of-control spending binge. Bowles-Simpson Commission—a com- more than $270 million each in 2008 pay This administration either fails or mission the President himself cre- an effective tax rate of just 18 percent, chooses not to recognize that the cur- ated—offered a proposal a year and a which is less than many small busi- rent-law alternative minimum tax, or half ago that should have been the nessmen, nurses, teachers, police offi- AMT, was put in place nearly 30 years foundation for a serious debate for such cers, et cetera. That is wrong from a ago to do exactly what the Buffett rule an overhaul. But the President failed moral perspective. It is also very bad is intended to do—ensure that high-in- to show leadership, and allowed that economic policy. come taxpayers pay at least a min- proposal to wallow. Instead, he has The issue we are debating speaks to a imum amount of U.S. tax, regardless of asked us to consider a bill today that much larger crisis that is taking place in America; that is, that in many im- various tax deductions and tax credits he himself has called ‘‘a gimmick.’’ that they might be able to claim on I believe we should be debating com- portant ways the United States is de- their tax return. In that regard, this prehensive tax reform aimed at cre- parting from its democratic tradition, bill simply layers on yet another com- ating a simpler, fairer, pro-growth tax which has always included a strong and growing middle class, and is moving plex tax provision on top of the already code. Such reform should lower rates rapidly into an oligarchic form of gov- complex U.S. tax system rather than for job creators and middle-income ernment in which almost all wealth addressing the underlying problems of Americans, while increasing the share and power resides in the hands of the the overall Tax Code. The country of taxes paid by the wealthy. very richest people in our society—the needs and deserves comprehensive tax A key to reform is simplification: top 1 percent. That is not what Amer- just last year, according to the IRS, reform that makes the system simpler ica is supposed to be about. and fairer for all taxpayers. At the there were 579 changes to a tax code Let me mention a recent study that very least, the administration should that is already more than 65,000 pages shows not only why we should pass this start by focusing on fixing the current long. No one can keep up such com- Buffett rule but why we should go, in Tax Code before adding yet another plexity—it hobbles our economy, and fact, much further. An economist at layer of complexity to it. exasperates the American taxpayer. the University of California, Professor Those who named this bill want you I have said that multimillionaires Emmanuel Saez, studying tax returns, to think it is an appropriate method by and billionaires can pay more to help found that in 2010, 93 percent of all new which to ensure everyone pays their us deal with our deficit, and I have income generated during that year fair share. We need fairness; however, voted for surtaxes on the very wealthy went to the top 1 percent. Let me re- the manner in which that goal is in the past. In fact, I have even intro- peat that. Between 2009 and 2010—the achieved is just as important as the duced legislation calling for such last year we have statistics on this goal itself. In that regard, the Buffett surtaxes. However, I have maintained issue—93 percent of all new income rule misses the mark for each of the that any such legislation must include went to the top 1 percent, while the reasons I have just mentioned. a ‘‘carve out’’ to protect small business rest of the people—the bottom 99 per- This bill is yet another missed oppor- owners who pay taxes through the indi- cent—were able to receive 7 percent. tunity for this administration to ad- vidual income tax system. Our nation’s Even more incredible is the fact that 37 dress the most pressing issues of the small businesses must not be lumped-in percent of that new income went to the day, including significant tax issues with millionaires and billionaires and top one-hundredth of 1 percent. In that confront us at the end of 2012. The exposed to the same type of taxes de- other words, of the $309 billion in new most notable tax issues include the signed for the very wealthy. That is income gained in 2010, $288 billion went prevention of a massive tax hike on all why a ‘‘carve-out’’ to shield small busi- to the top 1 percent. Only $21 billion in taxpayers on January 1, 2013, as a re- nesses owners from tax increases is so new income went to the bottom 99 per- sult of the expiration of current in- important. These small business cent. come tax rates, the extension of tax owner-operators are on the front lines Today the top 1 percent earns over 20 provisions that expired at the end of of our economy, and of the commu- percent of all income in this country, 2011 and that are scheduled to expire at nities in which they live. The income which is more than the bottom 50 per- the end of 2012, providing a patch for that shows up on their tax returns is cent. In terms of the distribution of the AMT for 2012 so that it does not en- critical to their ability to finance in- wealth, accumulated income, as hard snare millions of middle-income tax- vestment, and grow their businesses. as it may be for us to believe, as a payers, and reforming the estate tax to Left in their hands, this income will country that believes in mobility, a prevent a significant rate hike on Jan- lead to more jobs, and will buy the country that believes in equality, uary 1, 2013. tools that help American workers com- today we have a situation where the 400 Taking all of this into account, is the pete. wealthiest people in America now own President flying around the country Comprehensive tax reform and sim- more wealth than the bottom half of trumpeting the Buffett rule as the so- plification is not only a matter of fair- America—150 million people. Four hun- lution to what he perceives is a tax ness, but is essential to laying the dred people here own more wealth than fairness problem really the best use of foundation for our nation’s long-term the bottom 150 million Americans, and his and the country’s time? We have economic growth. There is no con- that gap between the very rich and ev- more to think about than his reelec- tradiction between fairness and erybody else is now wider than it has tion. There is a better path forward to growth—both can be advanced to- been in this country since the late achieve the desired result of the gether. I urge my colleagues to join me 1920s. We have, by far, the most un- Buffett rule. That path includes com- in seeking true reform that advances equal distribution of income and prehensive tax reform that results in a both of these goals. wealth of any major country on Earth. tax code that is simple, fair, and The PRESIDING OFFICER (Mr. That is where we are as a nation, and progrowth. If we combine that with ap- BLUMENTHAL). The Senator from it is not a good place to be. The richest propriate spending cuts, our country Vermont. people and the largest corporations are will be able to get out from under the Mr. SANDERS. Mr. President, I rise doing phenomenally well, while the heavy weight of our current and esca- in strong support of the Paying a Fair middle class is collapsing and poverty lating debt burden. Share Act. I commend Senator WHITE- increases. This is not what democracy Ms. COLLINS. Mr. President, today I HOUSE for introducing this important looks like; this is what oligarchy and will vote in favor of proceeding to the legislation. plutocracy look like.

VerDate Mar 15 2010 01:20 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.012 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2303 To compound this extremely unfair markably for those at the very top of There are two striking things about situation, when millionaires and bil- the income scale. Today, by some CBO’s findings. The first is that the lionaires are paying nearly the lowest measures, income inequality is greater biggest driver of growing inequality is effective tax rate for the rich in dec- in our country than at any time since the growing gap between those at the ades, our deficit problems only grow just before the Great Depression. very top of the scale and everyone else. worse. In other words, not only are the This should worry us all. It should Even those in the top 20 percent of in- real and effective tax rates for the rich worry us because a way of life has be- comes—those doing very well by any- lower than for many middle-class come endangered. That way of life—one one’s standards—have fallen behind the workers, their low effective tax rates in which, if you work hard, play by the top 1 percent. are having a very negative impact on rules and plan for the future, you and The second striking finding is what our deficit. In fact, as a result of the your family will prosper came to be CBO found about the effects of federal tax breaks given to the wealthy and known as the ‘‘American way.’’ But in- tax and transfer policy. In fact, CBO large corporations, revenue as a per- creasingly, the American way has been reported that while the rise in inequal- centage of GDP is at 14.8 percent, the replaced by one in which the very ity stems from a number of factors, one lowest in more than 50 years. wealthy do well while everyone else significant contributor is federal poli- Let us pass the Buffett rule today, struggles. Instead of all boats rising to- cies—including the decisions we all but let us do much more in the future. gether, it is the yachts that have make here in this Congress. For in- Instead of cutting Social Security, risen—good economy or bad—while all stance, CBO said that the rise in after- Medicare, Medicaid, education, and the other boats have been stuck in tax income for the top 1 percent may other programs of vital importance to place and taking on water. come in part from tax changes we made middle-class and working families in Today we have a chance to begin the in 1986. Those changes lowered the top this country, as many of my Repub- work of closing that income gap be- personal income tax rate below the top lican colleagues would like to do, let us tween the wealthiest Americans and corporate tax rate, encouraging many develop both personal and corporate the middle class. We can, by adopting wealthy Americans to reclassify cor- tax policies that are fair and will pro- this motion to proceed, begin the de- porate income as personal income to tect the best interests of our country. bate on how best to address the worri- qualify for the lower rate. Nobody should be talking about some and growing gap. But that debate More worrisome is the fact that CBO maintaining huge tax breaks for mil- cannot begin unless our colleagues on found that federal tax policy has actu- lionaires and billionaires and in the the Republican side agree to allow it to ally made inequality worse. Inequality same breath talk about cutting Social begin. I, for one, am eager to have this of after-tax income is higher than in- Security, Medicare, Medicaid—the debate—I believe the American people equality of pre-tax income. In part, needs of our children and the needs of want and deserve this debate. Our Re- that is because our tax system has the most vulnerable people in our publican colleagues have very different shifted away from income taxes—which country. That is wrong and that is not ideas about this problem, and may even are progressive, asking the wealthier what America is about. deny there is a problem. But the people to pay a higher rate—to payroll taxes, With that, I yield the floor. we represent believe this is a problem, a burden that falls on all income-earn- Mr. INOUYE. Mr. President, I come and we should respond to their con- ers regardless of how wealthy. These from humble beginnings. We did not cerns. are the kinds of changes that have led have a lot growing up but we always There are some who question wheth- to billionaire investors and hedge-fund had what we needed. My mother and fa- er income inequality is rising. These managers paying a lower tax rate than ther worked very hard to provide for denials melt away in the face of enor- their secretaries. our family and you can be sure they mous evidence to the contrary. To One way that government could fight paid their fair share of taxes on their deny rising income inequality is to this rising gap is with transfer pay- living wage. In the nearly 50 years that deny plain facts. Here are a few of ments—benefits paid by government to I have served in the Senate, I have those facts. the less wealthy to try to counteract watched the very rich and their sup- As of 2008, the richest 1 percent of difference in income. Some, including porters in the Congress whittle away at Americans took home almost 24 per- some of our Republican colleagues, the Tax Code to the extent that today cent of total income. This is up from 10 have made the case that transfer pay- the average tax rate paid by the high- percent in 1980. Half of all income in ments are growing larger, or that gov- est earning Americans has fallen to the the United States went to the top 10 ernment policy is making people in- point that one in four taxpayers with percent of Americans. And, the vast creasingly dependent on government an annual income greater than $1 mil- majority of Americans, the bottom 80 handouts. The CBO report answers this lion pays less than millions of working percent, received less than a quarter of argument. CBO found: ‘‘The amount of middle-class families. How is that fair? total income in the United States. government transfer payments—in- We are making critical decisions about The nonpartisan Congressional Budg- cluding federal, state, and local trans- how we cut and spend government et Office issued a report last year on fers—relative to household market in- funds and it will go a long way to rees- changes in income distribution since come was relatively constant from 1979 tablishing fiscal fairness in this coun- 1979. CBO’s researchers found that over through 2007, ranging between 10 per- try if the very wealthy pay their fair that period, after-tax income ‘‘for cent and 12 percent with no discernible share to support government services households at the higher end of the in- trend.’’ So, while there has been a ris- and initiatives. come scale rose much more rapidly ing gap in pre-tax income since 1979, Mr. LEVIN. Mr. President, one of the than income for households in the mid- and government tax policy has widened unfortunate characteristics of the dle and at the lower end of the income that gap, federal transfer payments American economy for the last few dec- scale.’’ CBO found that for the wealthi- have done nothing to balance it. ades has been the rising gap between est one percent of Americans, real These facts are telling. But we should upper and middle-income Americans. after-tax income grew by 275 percent. not forget that behind all these num- Increasingly, those in the upper eche- Those in the next 19 percent—that is, bers, all these facts and figures, are lons of income and wealth have seen the top 20 percent minus the one per- real people—and most of those people their fortunes rise, while the vast ma- cent at the very top—saw after-tax in- are struggling to get by. They should jority of Americans have coped with come growth of 65 percent. And for the be uppermost in our minds. stagnant income and increasing insecu- 60 percent of Americans in the middle The rise in inequality is not the re- rity. In recent decades, most families of the income scale, between the top sult of a single factor, and it did not have had to cope with a reduced ability and bottom 20 percent, after-tax in- happen overnight. So we will not re- to afford the things middle-class Amer- come grew by just 40 percent. So, in- verse it overnight. It will take sus- icans once took for granted a com- come for the top 1 percent of Ameri- tained effort. That effort starts with fortable home, college educations for cans grew at a rate nearly seven times acknowledging that there is a problem, the kids, and a secure retirement. At greater than growth in middle-class in- and I hope our Republican colleagues the same time, incomes have risen re- comes. will avoid the denialism that is all too

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But if we can an additional tax cut of at least earn more than $1 million in income first acknowledge the problem, we then $150,000 per year—a tax cut equal to per year. can do something about it, beginning three times the median household in- Senator WHITEHOUSE’s Paying a Fair with this vote today. come, and more than ten times the av- Share Act would prevent millionaires The proposal before us simply says erage annual Social Security benefit— and billionaires from using tax loop- that those at the very top of the in- while cutting programs like food holes that allow them to pay a lower come ladder, those making more than stamps and Pell Grants which provide effective tax rate than a school teacher $1 million a year, will, at a minimum, security and opportunity to millions of in Rhode Island. pay a federal income tax rate of 30 per- lower-income Americans. Our Repub- Of millionaires in 2009, a full 22,000 cent on their income above $1 million. lican colleagues seem devoted to the households making more than $1 mil- Most Americans consider that simple interests of the wealthiest 1 percent lion annually paid less than a 15 per- common sense. The fact that wealthy above all else. cent income tax rate. Our Tax Code, corporate executives pay a lower tax The Paying a Fair Share Act would riddled with loopholes and special give- rate than construction workers or only affect the top one-tenth of 1 per- aways, leads to lopsided and inequi- waitresses or teachers or police officers cent of taxpayers, those with adjusted table results. It is past time we correct is fundamentally unfair. And at a time gross income over $1 million per year. these glaring loopholes and restore when budgets are extraordinarily tight, It preserves the incentive for chari- some fairness to our Tax Code. and getting tighter, it makes no sense table giving, which is so important for The 400 highest-income households in for government to subsidize, through our religious organizations, nonprofits, 2008, who made on average $271 mil- tax policy, the growing income gap be- and universities. lion—paid just an 18.1 percent rate. tween the top few and ordinary Ameri- And these millionaires and billion- This is nearly half the 29.9 percent rate cans. aires are not the ‘‘job creators’’ the Re- those households paid on average in This bill will not solve all our prob- publicans say they are, because the 1995 under President Clinton. lems. Even if it passes, there will be vast majority of job creators are small According to the Center on Budget much more work to do—especially be- business owners who earn far less than Policy Priorities analysis, the top 1 cause this problem is, through tax pol- $1 million per year. In 2009, only 1.3 percent have seen their after tax in- icy in particular, a problem Congress percent of taxpayers with business in- come grow by 277% since 1979. The mid- has helped to create. But that work come made more than $1 million per dle 60 percent of Americans have only must start somewhere. The debate year. The bill is supported by small seen a 38 percent increase and the bot- must begin—and it will begin, if we business groups including the Main tom 20 percent have only seen an 18 vote to let it begin. I hope we will Street Alliance, American Sustainable percent increase. This is a result of a begin that debate today. Business Council, and the California broken Tax Code that over the past Mrs. BOXER. Mr. President, I sup- Association for Micro Enterprise Op- several decades has been tilted to ben- port the Paying a Fair Share Act be- portunity. It also has the support of efit the wealthiest Americans and not cause it will help bring fairness to our AFCSME, AFL–CIO, the International the middle-class. Tax Code. In large part because of the Brotherhood of Teamsters, United The tax benefits for the wealthiest irresponsible policies of President Auto Workers, the National Education Americans have contributed to stag- George W. Bush, the very wealthiest Association, and many others. I urge gering deficits. These deficits have in- taxpayers have seen their tax rates my colleagues to support this impor- creased pressure on our budget and mo- drop by half over the last 50 years, even tant legislation, which will bring tivated Republicans to slash services as their incomes have skyrocketed. much-needed fairness to our Tax Code. that benefit middle-class Americans in The Tax Code has become so out-of-bal- Mr. REED. Mr. President, I rise the name of deficit reduction. ance that one in four millionaires pays today to join my fellow Senator from This is exactly why I opposed the a lower tax rate than do millions of Rhode Island’s effort to restore a basic reckless Bush tax cuts that skewed so middle-class families, and in 2011 an es- level of fairness to our Tax Code. Sen- heavily towards the wealthy, the seg- timated 7,000 millionaires paid no Fed- ator WHITEHOUSE has done an extraor- ment of our society that needed the eral income tax at all. dinary job in fighting to return some Responsible millionaires understand sense of balance to a broken system. least help. In fact, it is estimated that that a fair tax system is in our coun- Most Americans agree Senator the House Republican budget would try’s best interest. One Californian, WHITEHOUSE’s legislation is fundamen- give millionaires an additional $265,000 Andy Rappaport, told my staff that tally fair and they want to see it be- in tax cuts each year; unsurprisingly, over the past 8 years, his average Fed- come law because as we all know, the Republicans want to double down on eral tax rate has been only 16 percent Tax Code is riddled with loopholes that the misguided Bush tax cuts that dis- after charitable contributions. Mean- benefit the wealthiest Americans. It is proportionately benefited the wealthy. while, working families making $60,000 past time we take this first step to- We need comprehensive tax reform, to $100,000 per year pay average Federal wards fixing a system that allows mil- but not reform that skews the Tax tax rates of 17 or 18 percent. lionaires and billionaires to pay a Code even more towards the wealthy Mr. Rappaport said: ‘‘Those of us who lower tax rate than middle-class Amer- while asking for more sacrifice from are doing unprecedentedly well have icans. This is a defining vote—it is the middle-class. The Paying a Fair built our success on a foundation of about who you stand for and with, Share Act is a first step in reversing widespread well being and opportunity, working men and women or multi- this trend and reforming the Tax Code not to mention adequate investments millionaires and billionaires. This leg- by restoring fairness. in education, research, and infrastruc- islation signals to middle-class Ameri- Making sure that millionaires and ture. . . . It’s not fair to ask those who cans that the government should be fo- billionaires don’t pay a lower tax rate make less than us to do without or to cused on helping them, by ensuring than middle-class Americans will help shoulder more than their share of our that everyone pays their fair share to make our Tax Code fairer while ad- national investment burden.’’ Cali- support essential government programs dressing our budget deficit. This is fornia entrepreneur Garrett Gruener that invest in education, infrastructure common sense and I hope Republicans wrote in the Los Angeles Times: ‘‘For and our nation’s future. will join us in taking the first step to- nearly the last decade, I’ve paid in- The Tax Code stacks the deck for the wards restoring fairness to our tax come taxes at the lowest rates of my wealthy at the expense of the middle- laws. professional career. . . . For the good of class. The middle-class has already The PRESIDING OFFICER. The Sen- the country, we need to tax people like been squeezed enough by stagnant ator from Rhode Island. me more.’’ wages and a complex tax system that Mr. WHITEHOUSE. Mr. President, In addition to opposing this common- does not work for them. The revenue how much time remains? sense proposal, our Republican col- raised through this measure is deficit The PRESIDING OFFICER. The Sen- leagues want to cut valuable social reduction that is not taken out on the ator from Rhode Island has 3 minutes. programs to pay for another tax cut for backs of seniors or working American The Republicans have 4 minutes. the rich. The House-passed Ryan Budg- families. This legislation will only im- Mr. WHITEHOUSE. It is my under- et would give high-income taxpayers pact 0.2 percent of Rhode Islanders that standing there are no further speakers

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Before I do that, let me just small businesses would have zero effect the previous order, the Senate will pro- say that as I have kept track during ceed to executive session to consider the debate, the minority party has dis- from this bill. Of the 3.3 percent that would be affected, it is hard to know the following nomination which the cussed debt, bureaucracy, Presidential clerk will report. appointments, punishment of success, how many of those are high-income in- dividuals who incorporated themselves The legislative clerk read the nomi- ObamaCare, jobs, fuel prices, picking nation of Stephanie Dawn Thacker, of winners and losers, campaign contribu- for tax purposes but don’t fit the ordi- nary definition of a small business. West Virginia, to be United States Cir- tions, out-of-control spending, equal cuit Judge for the Fourth Circuit. opportunity, and massive new tax in- When we look at the fact that Ameri- The PRESIDING OFFICER. Under creases. cans across the country have spent the the previous order, there will be 60 The subject at hand is actually much last week sitting down going through minutes of debate equally divided and smaller than this; that is, the indis- their receipts, filing their tax returns, controlled in the usual form. putable fact that at the very high end sitting at the kitchen table trying to The Senator from Vermont. of the American income spectrum, peo- make sense of it all and get it filed on Mr. LEAHY. Mr. President, let me ple are paying lower tax rates than reg- time, for a great number of those folks, make sure I understand. The time is ular American families—whether it is what they know from Warren Buffett now divided for an hour until the vote? Warren Buffett’s self-proclaimed exam- and others is that the people making The PRESIDING OFFICER. That is ple of paying only 11 percent in total one-quarter of a billion dollars a year correct. taxes or the average of all the 400 high- are paying lower rates than they are, Mr. LEAHY. I thank the distin- est income earners in the country guished Presiding Officer, and I wel- being only 18.2 percent. These are peo- and it is not right. It is not just me saying that is not right; it is Ronald come him back after the break and all ple earning—in the case of the 400— Senators on both sides of the aisle. over one-quarter of a billion dollars Reagan saying that is not right. He said it was ‘‘crazy’’—his word—that a The Senate is going to consider the each in 1 year and paying the rate nomination of Stephanie Dawn equivalent to what a single Rhode Is- millionaire should pay a lower tax rate than a busdriver pays. Thacker, of West Virginia, to fill a ju- land truckdriver pays. That is the dicial vacancy of the Fourth Circuit issue. The PRESIDING OFFICER. The Sen- Court of Appeals, and I know the dis- We should have a progressive Tax ator from Rhode Island has exhausted tinguished Senator from West Virginia, Code. One of the speakers said we do his time. The Senator from Tennessee Senator MANCHIN, will be coming to have a progressive Tax Code and that is here to speak. speak in a few moments. the income tax generates 31.2 percent I would note this is a judicial va- of the total income tax revenue from Mr. WHITEHOUSE. I yield the floor. cancy on which the Senate Judiciary high-income folks versus 14.2 percent The PRESIDING OFFICER. The Sen- Committee voted unanimously more from the middle as their rate. But it is ator from Tennessee has 1 minute. than 5 months ago, as the distin- worth focusing on the fact that when Mr. CORKER. Mr. President, this last guished Presiding Officer will recall, in my Republican colleagues talk about March, 64 Senators—32 on each side— taxes and they focus on income taxes, favor of this nomination. After thor- wrote a letter to the President asking ough debate and background, we voted they leave out the payroll taxes, which for real tax reform and real entitle- virtually every American pays or a for her unanimously. That was 5 ment reform. great number of Americans—more pay months ago. She should not have had payroll taxes than income tax, I be- I think most of us know today’s exer- to wait this long. lieve. cise is a political exercise. It is not in- She should have been confirmed last If we look at all those taxes and put tended to deal with deficits. It is in- year. With nearly 1 in 10 judgeships them together, we find that the top 1 tended to divide. across the Nation vacant and the judi- cial vacancy rate remaining nearly percent of Americans do indeed pay 28.3 Last week, I heard the President percent of the taxes. One percent pays twice what it was at this point in the speaking at a college in Florida about first term of President George W. Bush, 28.3 percent of the taxes. That sounds the Buffett tax. In that speech, he was pretty progressive, until we realize the the Senate needs to do more to reduce talking about spending all that money judicial vacancies so that all Ameri- top 1 percent in America controls more on things they were interested in. In than one-third of the Nation’s wealth; cans can have the quality of justice other words, this money is not being the top 1 percent holds more than one- that they deserve. used, per the President’s speech, in any third of the Nation’s wealth but pays The Federal Judiciary has been way to reduce deficits. only 28 percent of the taxes. That is forced to operate with the heavy bur- not progressive, if we are measuring in I encourage all those on both sides of den of 80 or more judicial vacancies for what we are usually taxing, which is the aisle—32 Senators on each side— more than 3 years now. There is noth- income and wealth, not just the exist- who have spoken earnestly and sin- ing to justify this extended period with ence of a human being on the planet. cerely about progrowth tax reform and years of vacancies numbering more If we go to 5 percent, then the top 5 entitlement reform to not follow this than 80 around the country. Congress percent pays 44.7 percent of all our folly of division but to hold together, has not created scores of new judge- taxes, which again is a lot. It is pro- as we need to do something that is ships, as we did in a bipartisan fashion gressive but not when we consider that great for our country. during the Republican administration 5 percent owns or controls more than 60 of Ronald Reagan and George Herbert It is my hope that by later this percent of the Nation’s wealth. We are Walker Bush. Indeed, when the Senate year—possibly in a lameduck, although a country in which more than half the was confirming 205 circuit and district I hope something happens sooner than wealth of the country—more than 60 court nominees during the first term of that—all of us who truly care about percent of it is concentrated in the President George W. Bush, we lowered hands of one-twentieth of the popu- solving problems, not about scoring po- vacancy rates more than twice as lation, the top 5 percent. So for them litical points, which this bill is about, quickly. will come together and do something to pay a higher rate makes a lot of log- I will include for the RECORD at the ical sense. What we find is that they great for our country. conclusion of my remarks a copy of the actually pay a lower rate all too often. I yield the floor. Internet article entitled, ‘‘1000 days,’’

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She is an experi- need for judges,’’ urging the Senate to I also remind the Senate of the study enced litigator, who, in her 21-year ca- ‘‘act on judicial nominees without by the Congressional Research Service reer as a Federal prosecutor and pri- delay,’’ and concluding ‘‘we fear that on the historically high vacancies for vate defense attorney, has tried nearly the public will suffer unless our vacan- record amounts of time about which I two dozen cases to verdict or judgment cies are filled very promptly.’’ The ju- spoke earlier this year. This level of and argued appeals before the Fourth dicial emergency vacancies on the vacancies has been perpetuated for the Circuit and the West Virginia Supreme Ninth Circuit are harming litigants by entire Presidency of President Obama Court. Much of her career has been creating unnecessary and costly because Senate Republicans have dedicated to public service. She served delays. The Administrative Office of adopted ‘‘new standards’’ and refused as an Assistant U.S. Attorney for the U.S. Courts reports that it takes nearly to enter into prompt agreements to Southern District of West Virginia for 5 months longer for the Ninth Circuit schedule votes on qualified, consensus 5 years and participated in the first to issue an opinion after an appeal is nominees. prosecution in this country under the filed, compared to all other circuits. Today’s vote is pursuant to the Violence Against Women Act—an im- The Ninth Circuit’s backlog of pending agreement reached by the majority portant piece of legislation that I am cases far exceeds other Federal courts. leader and the Republican leader last working with Senator CRAPO to reau- As of September 2011, the Ninth Circuit month. This is the first Court of Ap- thorize. had 14,041 cases pending before it, more peals nominee to receive a vote pursu- She continued her career as a Federal than three times that of the next busi- ant to that agreement. This is only the prosecutor for another 7 years in the est circuit. second Court of Appeals nominee to re- Child Exploitation and Obscenity Sec- If caseloads were really a concern of ceive a Senate vote all year. Both were tion of the Criminal Division of the De- Republican Senators, as they con- qualified, consensus nominees who partment of Justice. There, she focused tended last year when they filibustered should have been confirmed last year on prosecuting cases dealing with child the nomination of Caitlin Halligan to and would have been but for Repub- pornography, child sexual exploitation, the D.C. Circuit, they would not be de- lican filibusters. sex trafficking, sex tourism, obscenity, laying the nominations to fill judicial It should not have taken 4 months and criminal nonsupport offenses. She emergency vacancies in the Ninth Cir- and 2 days after being reported by the rose to Deputy Chief of Litigation and cuit. If caseloads were really a concern, Senate Judiciary Committee for the then to Principal Deputy Chief. While Senate Republicans would consent to nomination of Judge Adalberto Jordan at the Justice Department, Ms. move forward with all three of these to be considered by the Senate. Judge Thacker was awarded the Attorney Ninth Circuit nominees to allow for a final up or down vote by the Senate Jordan of Florida was finally allowed General’s Distinguished Service Award. to fill a judicial emergency vacancy on Why would any Senator stall con- without these months of unnecessary the Eleventh Circuit. Finally, after a 4- firmation of this consensus nominee? delays. None of these nominees should be month Republican filibuster that was What purpose did it serve? Must all controversial. They are all mainstream broken by an 89 to 5 vote, and after Re- nominees of President Obama be de- nominees with bipartisan support. publicans insisted on 2 additional days layed and obstructed and stalled? Judge Nguyen, whose family fled to the of delay, the Senate voted to confirm I thank the majority leader for United States in 1975 after the fall of him 94 to 5. A superbly-qualified nomi- scheduling this vote. He has secured an South Vietnam, was confirmed unani- nee, he is the first Cuban-American to agreement to vote on the long-delayed mously to the district court in 2009 and serve on the Eleventh Circuit. His nomination of Judge Jacqueline the Senate Judiciary Committee Nguyen of California to fill one of the record of achievement is beyond re- unanimously supported her nomination judicial emergency vacancies plaguing proach. Judge Jordan is by any meas- to the Ninth Circuit last year. When the Ninth Circuit, the busiest circuit in ure the kind of consensus nominee who confirmed, she will be the first Asian the country. She, too, is a consensus should have been confirmed without Pacific American woman to serve on a nominee who could and should have such delay. Despite the strong support U.S. Court of Appeals in our history. of his home state Senators, Senator been confirmed last year. Her consider- Paul Watford was rated unanimously NELSON, a Democrat, and Senator ation has been delayed more than 5 well qualified by the ABA’s Standing RUBIO, a Republican, Senate Repub- months and will not occur until May 7. Committee on the Federal Judiciary, licans filibustered and delayed his con- But there are two more Ninth Circuit the highest rating possible. He clerked firmation in October, in November, in nominees to fill judicial emergency va- at the United States Supreme Court for December, and in January. It should cancies who are before the Senate Justice Ruth Bader Ginsburg and on not have taken another 2 days after the awaiting final consideration. Paul the Ninth Circuit for now Chief Judge Senate voted overwhelmingly to bring Watford of California was reported fa- Alex Kozinski. He was a Federal pros- the debate to a close to have the con- vorably by the Senate Judiciary Com- ecutor in Los Angeles. He has the sup- firmation vote. mittee in early February. His nomina- port of his home state Senators and bi- The nomination of Stephanie tion should be scheduled for a con- partisan support from noted conserv- Thacker is similar, and Senate Repub- firmation vote without further delay. atives such as Daniel Collins, who licans have acted in a similar, all too Justice Andrew Hurwitz of Arizona was served as Associate Deputy Attorney familiar pattern. When confirmed, reported favorably by the Senate Judi- General in the Bush administration; Stephanie Thacker will be the first ciary Committee in early March. His Professors Eugene Volokh and Orin woman from West Virginia to serve on nomination should also be scheduled Kerr; and Jeremy Rosen, the former the United States Court of Appeals for for a confirmation vote. There is no president of the Los Angeles Chapter of the Fourth Circuit. She, too, is strong- good reason for delay. The 61 million the Federalist Society. ly supported by both her home state people served by the Ninth Circuit are Justice Hurwitz is a respected and Senators. She, too, is a qualified, con- not served by this delay. The Circuit is experience jurist on the Arizona Su- sensus nominee. She has been forced to being forced to handle double the case- preme Court. He also received the ABA wait 51⁄2 months for Senate consider- load of any other without its full com- Standing Committee on the Federal ation, with no good purpose. Hers is plement of judges. The Senate should Judiciary’s highest rating possible, not a nomination that should have be expediting consideration of the unanimously well qualified. This nomi- been delayed and filibustered by Sen- nominations of Judge Jacqueline nation has the strong support of both ate Republicans after it was reported Nguyen, Paul Watford, and Justice An- his Republican home state Senators unanimously by the Senate Judiciary drew Hurwitz, not delaying them. JOHN MCCAIN and JON KYL. Committee last November 3. The Chief Judge of the Ninth Circuit, Chief Justice Roberts and the Attor- Ms. Thacker is the kind of qualified, Judge Alex Kozinski, a Reagan ap- ney General have both spoken about consensus nominee who in past years pointee, along with the members of the the serious problems created by per- would have been considered and con- Judicial Council of the Ninth Circuit, sistent judicial vacancies. More than

VerDate Mar 15 2010 03:10 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.044 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2307 160 million Americans live in districts who bear the brunt of this politically-in- economy is now improving, these re- or circuits that have a judicial vacancy flicted judicial vacancy crisis. main difficult economic times, and we that could be filled today if Senate Re- VIOLENCE AGAINST WOMEN REAUTHORIZATION have to be responsible in how we spend publicans would just agree to vote on ACT OF 2011 the taxpayers’ money. That is why in Mr. LEAHY. Mr. President, speaking the nominations now pending on the our bill we consolidate 13 programs of the Senate Judiciary Committee, as Senate calendar. The Senate should act into 4. We remove duplication and bu- to bring an end to the harm caused by we begin to work now after the Easter/ Passover recess, I wish to thank all reaucratic errors. It is another thing delays in overburdened courts and we we do each time we reauthorize to should start with the Ninth Circuit. Senators who have come to the floor in recent weeks to express their bipar- make it better. It would cut the au- Senate Republicans should consent to thorization level for VAWA by more votes on the Ninth Circuit nominees tisan support of the Violence Against than $135 million a year. That is a de- without more delay and obstruction. Women Reauthorization Act and who I ask unanimous consent that the ar- have emphasized, and I agree, the need crease of nearly 20 percent from the ticle to which I referred be printed in for the Senate to take up and reauthor- last reauthorization. the RECORD. ize this landmark legislation. The legislation also includes signifi- There being no objection, the mate- For almost 18 years, the Violence cant accountability provisions, includ- rial was ordered to be printed in the Against Women Act—called VAWA— ing audit requirements, enforcement RECORD, as follows: has been the centerpiece of the Federal mechanisms, and restrictions on grant- [From the Constitutional Accountability Government’s commitment to com- ees and costs. Again, we are saying we Center, Mar. 27, 2012] bating domestic violence, dating vio- want to do the right thing in the Vio- lence, domestic assault, and stalking. 1000 DAYS lence Against Women Act, but we also The impact of this landmark law has (By Doug Kendall and Ryan Woo) want to protect the taxpayers’ dollars. been remarkable. It has provided life- Today marks the 1000th consecutive day That is why it is a bipartisan bill. It is during which our judicial system has been saving assistance to hundreds of thou- operating with the burden of 80 or more va- sands of men, women, and children, and a product of careful consideration, and cancies on the federal bench. Aside from a the annual incidence of domestic vio- that is why it has widespread support. completely anomalous period following the lence has dropped by 50 percent since There is no reason not to take it up creation of 85 new judgeships in 1990, this is the act was passed. and debate it and pass it. The Judici- far and away the longest period of time dur- Support for the Violence Against ing which the federal courts have been forced ary Committee passed this bill after to operate at such an understaffed level. Women Act has always been bipartisan, considering a number of amendments, Across the country, these vacancies have and I appreciate the bipartisan support including a substitute offered by the translated into rising caseloads for over- this reauthorization bill has already minority. I have reached out to the dis- worked judges and unacceptable delays for received. Senator CRAPO and I intro- tinguished ranking member, Senator the countless Americans seeking justice in duced the reauthorization of the Vio- GRASSLEY, and asked about possible the courts. While it is possible that the va- lence Against Women Act in November. amendments and time agreements for cancy total will dip below 80 in the coming With Senators HELLER and AYOTTE consideration. We should do what we days due to a slow drip of confirmations se- joining as cosponsors in March, we now cured by a recent and hard-fought-for deal in have always done ever since the first the Senate to allow confirmation votes on 14 have 61 cosponsors in the Senate from both sides of the aisle. I hope the Sen- VAWA years ago and pass it with judicial nominees, this slow trickle is not strong bipartisan support. These prob- anywhere close to the decisive action that is ate will take up and pass this bill soon. needed to resolve the vacancy crisis that has The Violence Against Women Act is lems are too serious for us to delay. been plaguing the country for nearly three about responding to domestic and sex- Any one of us who has served in law years. ual violence. Its programs are vitally enforcement has gone to a scene where Although much has changed over the past important. Our legislation has looked somebody has been severely battered, 1000 days, one thing that has remained con- at and learned from the experiences stant is the partisan obstruction by Repub- sometimes killed. I know when I have licans in the Senate that has kept the judi- and needs of survivors of domestic and gone to the scenes I never heard a po- cial confirmation process moving at a crawl. sexual violence from all around the lice officer say: Is this a Republican or While a backlog in vacancies is typical at country. We have also heard the rec- a Democrat? They say, is this a victim? the beginning of a presidential term, the va- ommendations of those tireless profes- What do we do to help them? That is cancy rate is usually brought down to a more sionals who work every single day—I manageable level well before a president’s what this is. It is not a Republican or might say virtually every single Democratic bill; it is a sensible bill to fourth year in office. Indeed, by this point in night—to serve. It builds on the the first terms of Presidents Bill Clinton and help the victims of violence. George W. Bush, the vacancy totals were 55 progress that has been made in reduc- ing domestic and sexual violence and This is crucial, commonsense legisla- and 45, respectively, and the Senate had al- tion. It has been endorsed by more ready confirmed 181 of President Clinton’s makes vital improvements to respond nominees to the lower federal courts and 172 to unmet needs, as we have each time than 700 State and national organiza- of President Bush’s. By comparison, the Sen- we have reauthorized the Violence tions, numerous religious and faith- ate has only confirmed 134 of President Against Women Act. based organizations, as well as our law Obama’s nominees. The provisions that a minority on enforcement partners. The last two The glacial confirmation pace that has the Judiciary Committee labeled con- times the Violence Against Women Act kept the vacancy number so high for the past 1000 days can be traced back to Repub- troversial are, in fact, modest changes was reauthorized, it was unanimously lican obstruction at all levels of the judicial to meet the genuine, unmet needs that approved by the Senate. It seems some- confirmation process. Most important, even service providers have told us they see times that partisan gridlock has be- uncontroversial nominees are facing unprec- every day as they work with victims come the default in the Senate in re- edented cloture votes before they can be con- all over the country. This is what we cent years. We are better than that. We firmed. The process of delaying floor votes have done on every single VAWA reau- should rise above gridlock. There is no for nominees has resulted in an average wait thorization. We have looked at what we reason we should delay considering this time of 111 days between the Judiciary Com- have learned since the last one and mittee vote and Senate confirmation vote bill. It has the support of 61 cosponsors for President Obama’s nominees. In sharp then taken steps to recognize those across the aisle. Let us pass it. needs of victims that are not being met contrast, President George W. Bush’s nomi- As I have said before, domestic and nees waited an average of just 22 days. and find ways to meet them. That is There should never again be a period when nothing new or different. It is what we sexual violence know no political the federal judiciary faces such a high num- have always done. Because we have im- party. Violence happens to too many ber of vacancies for so long; if the vacancy proved it each time, it is one of the people in this country. Its victims are total dips below 80 in the coming days, it reasons domestic violence has dropped. Republicans and Democrats. They are will hardly be a cause for celebration. Rath- This should not be a basis for a par- rich and poor, young and old. They are er, it will be a reminder that even in an elec- male and female. They are straight and tion year, the Senate must put partisan tisan division or delay. wrangling aside and continue to staff the The legislation also improves impor- gay. Nobody falls into a category federal judiciary. The Senate owes nothing tant changes to respond to current eco- where they are immune to this kind of less to the judges and everyday Americans nomic realities. We all know while the violence. So let us work together and

VerDate Mar 15 2010 05:01 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.044 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2308 CONGRESSIONAL RECORD — SENATE April 16, 2012 pass this strong VAWA reauthorization search Service studied these claims Likewise on budget policy, this does legislation and let us do it without and confirmed Mr. Buffett’s assertion nothing meaningful for our massive delay. It is a law that has saved count- that a large proportion of millionaires budget deficits that we have been run- less lives. For my fellow Senators, I pay a smaller percentage of their in- ning. In fact, this body chooses again would say this is an example of what come than average working Americans for the third consecutive year not to we in the Senate can accomplish if we and Vermonters do. even have a budget. It is unbelievable. work together. Let us end the loopholes. Tax day is Instead, we are going to waste time ar- PAYING A FAIR SHARE ACT upon us. Let us stand and say we are guing about this political stunt. Lastly, before I came to the floor, I going to end the loopholes, we are The President proposed a budget, at heard the strong support for the Pay- going to end these special provisions least. Unfortunately, it was not a seri- ing a Fair Share Act. It has been called that allow some of the wealthiest to ous budget, not a serious attempt to the Buffett rule. The Buffett rule is a pay less than hard-working Americans. deal with the massive deficits we are commonsense bill, ensuring that tax- It is simply a matter of fairness. running. It is the fourth consecutive payers at the top of the economic lad- Again, let us vote yes or no. If some- year of trillion dollar deficits. Instead der pay at least the same tax rate paid one wants to vote to protect the mil- of dealing with that, we have this gim- by hard-working middle-class families lionaires, then, fine, vote no. If some- mick. in my State of Vermont and all other one wants to say have it be fair, then Let’s be clear. This is not a serious States. No longer should handsomely vote yes. But let us vote. Having a fili- attempt to deal with tax reform or the compensated CEOs or those who live buster means we vote maybe. None of budget. This so-called Buffett rule, this off trust funds pay a lower effective tax us get elected or paid to vote maybe. tax increase, would raise less than $5 Mr. President, I see the distinguished rate than the people who work for billion a year. That amounts to about senior Senator from West Virginia on them. one-half of 1 percent of the $1 trillion Frankly, I think it is remarkable and the floor and I see his distinguished deficit the President has proposed that regrettable that such a principle of tax colleague. we run. In fact, it would cover about 2 I am sorry, I now see the Senator fairness should evoke controversy. It is days’ worth of the deficits we are run- from Pennsylvania. Before I yield the more regrettable still that opponents ning for 2013. floor, I ask unanimous consent, if there have erected a supermajority barrier in Here is a chart that illustrates the are quorum calls during this hour, the an effort to prevent debate on this deficit we will have under the Presi- time be divided equally. dent’s policies without the Buffett tax. straightforward principle. We should The PRESIDING OFFICER. Without Here is the deficit we will have if we debate whether the wealthiest should objection, it is so ordered. pay at least the same rate of taxes as Mr. LEAHY. Mr. President, I ask pass the Buffett tax. If you can’t tell hard-working middle America and then unanimous consent when the time goes the difference, it is because there is no vote for it or vote against it. If a Sen- back to this side, that first the distin- meaningful difference. ator wants to vote to protect the guished senior Senator from West Vir- Folks, we ought to be dealing with wealthiest Americans, fine, stand and ginia be recognized and then his distin- the real tax reform that we need to en- vote that way or vote to protect hard- guished colleague from West Virginia, courage economic growth and help re- duce this deficit. Instead, we are wast- working American families. But when Senator MANCHIN, be recognized, both we filibuster, what we are doing is vot- to speak for the time remaining to the ing time with this. ing maybe. That is voting maybe. Senator from Vermont. Since we are not doing what we Let’s have the courage to vote for the I ask unanimous consent that when ought to do, why are we having this ar- millionaires and protect them from time is yielded back to me, the time gument? Unfortunately, it looks as any kind of a tax such as ordinary remaining to the Senator from though it is an effort on two fronts. Americans pay or vote for ordinary Vermont, which will be approximately One is to simply engage in class war- Americans and say everybody should 15 minutes, be divided between the two fare, generate envy and resentment, pay the same kind of tax. Vote one way Senators from West Virginia. and try to use that for political gain. or the other, but don’t duck it by hav- The PRESIDING OFFICER. Without And, secondly, it is an effort to dis- ing a filibuster, where we can say: I objection, it is so ordered. tract from the underlying mismanage- looked at it and I voted maybe. We are The PRESIDING OFFICER. The Sen- ment of economic policy and fiscal pol- not elected to vote maybe. ator from Pennsylvania. icy we have seen from this administra- I am pleased to join Senator WHITE- Mr. TOOMEY. Mr. President, I ask tion. HOUSE and others as a cosponsor of the unanimous consent to speak as though I know what the claim is from the bill which calls for a minimum 30-per- in morning business. other side. We hear this is all about cent tax rate for taxpayers with ad- The PRESIDING OFFICER. Without making sure the rich pay their fair justed gross incomes above $1 million. objection, it is so ordered. share. I have to say I have a little trou- This just says they are going to pay at TAX FAIRNESS ble taking lectures on fairness from least the tax rate paid by middle-class Mr. TOOMEY. Mr. President, I rise folks who think taxpayers ought to be families, and it also will reduce the this afternoon to speak against the so- made to put $500 million into a solar deficit by $47 billion over the next dec- called Buffett rule. This is a gimmick. energy company that does not have a ade. It is a political gimmick. This is not a competitive product, which drives it While hard-working Vermont fami- serious effort to deal with a ridicu- into bankruptcy at the cost to the tax- lies and small businesses are struggling lously broken Tax Code. This is not a payers, from the same folks who want to make ends meet in a difficult econ- serious effort to deal with a completely to force taxpayers to continue sub- omy, tax fairness has continued to broken budget. And, frankly, it is very sidizing plug-in cars people don’t want erode, benefiting the wealthiest 1 per- disappointing to me that we are wast- to buy. That kind of crony capitalism cent at the expense of the rest of the ing time on this instead of dealing with and distorting of our economy at the country. Right now, a very large pro- both of those things. expense of taxpayers doesn’t strike me portion of millionaires pay a smaller We have a Tax Code that is ridicu- as fairness, so I have a hard time tak- percentage of their income than do a lous, impossible to understand, coun- ing a lecture on fairness from people larger share of moderate-income tax- terproductive to economic growth, and who advocate those things. payers. that badly needs a complete overhaul But let’s look at this Tax Code. If we Warren Buffett, one of the wealthiest that would simplify the Code, get rid of want to talk about fairness, that is people in the world, noted in a New much unfairness, lower marginal rates, fine. How about the fact that, accord- York Times op-ed article last year that broaden the base, and encourage strong ing to the Joint Committee on Tax- he paid taxes of only 17.4 percent on his economic growth. Instead, we have this ation, almost half of all Americans taxable income—a lower percentage little gimmick because we don’t have today pay no income tax at all or actu- than paid by any of his 20 employees. the political leadership to deal with ally receive money through the income They paid from 33 to 41 percent. In the underlying real problem of a badly tax code? The other half pays all of the fact, the nonpartisan Congressional Re- flawed Tax Code. taxes. We are hearing from our friends

VerDate Mar 15 2010 03:10 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.046 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2309 that that is not enough; they need to We have got a terrible corporate Tax Finally, let me say that it is a bad pay still more. Code that needs to be reformed in idea to confiscate the capital which is My second chart will illustrate the many ways. One of them is to lower the lifeblood of an economy. This next point that according to the CBO, if we this top marginal rate, but right now it chart illustrates the critical role that look at all Federal taxes, the middle is 35 percent. And what the proponents investment plays in economic growth quintile, the middle 20 percent of wage of this rule are saying is that after a and in job creation. earners in America, pays about 14 per- corporation pays that 35 percent tax on A couple of squiggly lines. But one cent as an average tax when you com- whatever income they can earn, and thing you notice if you take a quick bine all the kinds of Federal taxes that when they then choose to dividend look is there is an inverse relationship are paid. The top 1 percent pays 30 per- some of that remaining aftertax in- here. When the black line goes up, the cent. So it is more than twice as high— come to the people who own that com- red line is going down. The black line 29.5, actually. pany, they want those owners to pay is investment as a percentage of our If we look at just the income tax, the yet another tax that is even higher economy. And when investment disparity is even bigger. If we look at than we pay now. climbs—the red line is unemploy- the income tax alone, the middle quin- We have a chart here that illustrates ment—you see, unemployment goes tile, the middle class, the middle 20 what the net effect of this is. Given down. This is very well understood. It percent, when it comes to income tax that we have a 35-percent top corporate is capital invested in the economy that alone on average pays about 3.3 percent tax rate, and if we were to adopt this creates growth and creates jobs. What as an effective average income tax proposal to impose this 30-percent min- this rule would do is it would impose a rate. The top 1 percent pays 19 percent; imum tax, for an individual who has new layer of additionally higher taxes that is, on average, almost 6 times as dividend income, first the company in on that very lifeblood of our economy. high. which they invest pays a tax. Not all It is capital also that drives wages The fact is we have a very progres- companies pay the 35-percent rate, but higher. We should never forget that sive tax system, not just by the histor- that is the top rate and it is in effect ical measures of our own previous tax fact. It is capital that allows the hun- on many companies. Well, if the com- systems, but look everywhere else in ter-gatherer to have a hoe and become pany has to pay 35 percent of a given the world. In fact, the United States, a farmer. It is capital that allows the $100 of income, they are left with $65 in according to the OECD, has the most farmer with a hoe to cast aside the hoe corporate aftertax income. If that com- progressive tax system in the industri- and drive a tractor and become far pany then decides that the people who alized world. more productive. It is capital that al- This is a chart that measures pro- own it ought to get a dividend reflect- lows the laborer who is digging with gressivity. Greater progressivity is in ing their ownership on that $65 that is the shovel to put aside the shovel and this direction; less is in this direction. available to be paid out as a dividend drive a backhoe. And as I think every- As you can see, this ranking shows all to investors, the proponents of the body understands or should under- the countries around the world that Buffett rule would have those investors stand, the farmer who is using a trac- have less progressivity than the United pay another 30 percent. That is $19.50, tor is producing more and has a higher States, which means that higher in- leaving the investors with $45.50 out of income than the poor guy who is using come Americans pay a greater share of the $100 of income. In other words, the a hoe. And the guy who is operating a income taxes and taxes generally than government takes the lion’s share of backhoe has far more income and is far in any other country in the world. But the income from this investment. more productive than the guy who is again, we are told this is not enough. The net effect of that, of course, is using a shovel. It is capital that makes Clearly there is something else going that it diminishes the incentive to that possible. on here, and here is what concerns me make these investments in the first There is a metaphor I like about this, the most. The real consequence of this place. It makes other countries more and I am not sure who to credit it to, so-called Buffett rule, this tax in- attractive places to invest capital, to but certainly I didn’t invent it. I may crease, are that it is meant to be a tax invest in a business to try to generate not do it justice, but the gist of it is on investment returns. It is a tax on a return. this: capital gains and dividends. It is a tax There is another aspect that is dis- The comparison to the economy is that would upend decades of estab- turbing about this which is, if you ask that of a fruit tree. lished law with respect to the differen- me, it is very reminiscent of the alter- A farmer who has a fruit tree cul- tiation we have put in place with re- native minimum tax. We tried that tivates that tree so it will produce spect to dividend income versus wage once. In 1969, Congress decided there fruit, and the fruit is the income the income. And it disregards the very were some people who weren’t paying farmer earns from the work he puts sound reasons why we have created enough in tax, and they said we are into cultivating that tree. that distinction, one of which is that going to target a handful. Literally, it If the government comes along and investment returns are taxed multiple was 15 people—not 155,000 but 155 peo- takes some of the fruit as a tax, as long times. ple who were subject to the alternative as it doesn’t take too much it still We don’t hear so much about that minimum tax, which was this confes- makes sense for the farmer to cultivate during this debate from my friends who sion of the absurdity of the Tax Code in that tree so he can have that aftertax are advocates for this new tax increase. the first place. Right? Junk the entire income. And as long as the government But the fact is, first of all, it is only existing Tax Code and have yet a sec- only takes a portion of the fruit, then aftertax income that can be invested in ond parallel Code that will apply to the government is not diminishing the the first place. So someone had to pay just those rich 155 people. Well, guess ability of the tree to produce that taxes on their earnings, and then after what. Today that applies to tens of fruit. they have spent what they need to for millions of Americans, and every year But if the government comes along their cost of living and if they have Congress has to do a temporary fix be- and says in addition to taking a whole managed to save something which they cause it wasn’t intended to do that. lot of the fruit, we want to saw off a then invest, they have already paid tax I would suggest if we go down this branch because we want some firewood, on that. Now the investment they have road, we are going to find that this that is a whole different matter. Be- made—and let’s say this is an invest- tax—which we are told today would cause whatever you think of how many ment in a corporate stock. Let’s keep only apply to millionaires and billion- of those apples or whatever portion of in mind that that corporation has to aires, well, pretty soon the hard cold that fruit you wish to take from the pay tax before they have an oppor- reality of the fact that it doesn’t gen- farmer, once you start cutting at the tunity to provide a return on the in- erate any revenue to speak of if you tree you are diminishing the ability of vestment that is made. And as it hap- apply it just to millionaires and bil- the tree to produce income for the good pens, in the United States, our corpora- lionaires, means it is going to be ex- of the farmer and for society. tions pay the highest corporate tax in panded to the middle class and far That is what happens when we re- the entire industrialized world, 35 per- more people, very much to our det- strict capital, and I am afraid this is cent. riment. the path we would be going down if we

VerDate Mar 15 2010 03:10 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.048 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2310 CONGRESSIONAL RECORD — SENATE April 16, 2012 adopt this. This is bad economic policy. drive to seek justice for her clients, re- firmative. It is my privilege and my We already have the most progressive sulted in an illustrious career. Ms. honor to speak on her behalf also. Tax Code in the world, and very pro- Thacker’s reputation is as a compas- Stephanie Thacker’s impressive gressive by our own historical stand- sionate yet tough attorney who makes background and extensive list of ac- ards. thoughtful, very well-researched, and complishments in both the public and For the sake of job growth, economic therefore confident arguments that are private sectors make her an excep- growth, and in the hopes that we will always based on the law and facts of tional judge for the 4th Circuit. She is instead have a meaningful discussion her cases. renowned in our state for her mastery about budget policy and tax reform, I These skills and character are evi- of the law and of the courtroom, and I urge my colleagues to vote no today on dent in her 12 years of service as a fed- have no doubt that she will make a the cloture motion on the Buffett rule. eral prosecutor, where she rose to be highly successful federal judge. I yield the floor. Principal Deputy Chief of the Depart- Ms. Thacker has dedicated much of The PRESIDING OFFICER. The Sen- ment of Justice’s Child Exploitation her career to fighting some of the ator from West Virginia. and Obscenity Section. Among her ac- worst offenses in our society. As a trial Mr. ROCKEFELLER. Mr. President, 1 complishments are prosecuting the attorney, Deputy Chief of Litigation, year ago last month our Nation lost an first federal Violence Against Women and Principal Deputy Chief, she spent esteemed public servant and an out- Act case and helping to develop the na- several years prosecuting cases, as you standing human being, Judge M. Blane tionwide Innocence Lost initiative to have heard, on Child Exploitation and Michael, who served on the U.S. Court combat child sex trafficking, which to Obscenity at the Department of Jus- of Appeals for the Fourth Circuit for a date has led to the rescue of more than tice. Her outstanding work and leader- number of years. 1,600 children and the conviction of ship earned her a number of honors at the Department of Justice, including With his passing, we were therefore more than 700 sex offenders. left with a great void not only on the She co-authored the Federal Child four ‘‘Meritorious’’ Awards and two Federal judiciary but also in the hearts Support Prosecution handbook, worked ‘‘Special Achievement’’ awards. Her impressive performance in pros- of his family and his many friends. So reviewing and amending West Vir- ecuting the case of United States v. it is with a profound sense of obliga- ginia’s domestic violence laws, pros- Dwight York earned her the Attorney tion to the people of West Virginia and ecuting notorious child sex offender General’s ‘‘Distinguished Service’’ America that I set out to find a nomi- Dwight York, and training national award, one of the Department’s highest nee to fill his vacancy. My duty to pro- and international law enforcement offi- honors. She was also a recipient of the vide advice and consent took on, to me, cials on the prosecution of child exploi- Assistant Attorney General’s awards additional significance. tation crimes. for ‘‘Special Initiative’’ and ‘‘Out- In West Virginia, we are fortunate to This body of work has rightfully standing Victim and Witness Service.’’ have many talented and worthy law- earned her bipartisan praise over the Prior to her service at the Depart- yers who are capable of serving—and years from United States Senators, ment of Justice, Ms. Thacker worked willing to serve—on the Federal bench. FBI Director Mueller and former At- with the U.S. Attorney’s Office for the But the nominee before the Senate torney Generals Gonzales and Ashcroft, Southern District of West Virginia, today, Stephanie Dawn Thacker, com- who awarded her the Distinguished where she prosecuted a wide variety of pletely stood out to me—and (in turn) Service Award, which is among the De- criminal cases, including money laun- to President Obama—as someone who partment’s highest commendations. dering and fraud. While at the U.S. At- is uniquely qualified to carry on in her These accomplishments are illus- torney’s Office, Ms. Thacker partici- own way, Judge Michael’s legacy of trative of the experience and qualifica- pated on the trial team prosecuting independence, humility, and intellec- tions that Stephanie Thacker offers in United States v. Bailey, the first case tual honesty as a Federal judge. service to the U.S. Court of Appeals for ever brought under the Violence There is no question that Stephanie the Fourth Circuit. Against Women Act. Thacker has reached the heights of the She has the courage to make tough Since 2006, Ms. Thacker has been a legal profession, both as an award-win- decisions, and will not back down from partner at the law firm of Guthrie & ning public servant and as an esteemed a challenge. Thomas in Charleston, West Virginia. lawyer in private practice. She has the superior intellect nec- There, she has concentrated on cases Her rise is all the more impressive essary to analyze the complex legal involving product liability, environ- because of the challenges she overcame issues that come before the Federal ap- mental and toxic torts, complex com- The circumstances of Stephanie peals courts. She will look at every mercial defense, and criminal defense. Thacker’s early life were not easy. Her case with a fair and open mind and will Ms. Thacker was a model student in home town, Hamlin, WV, is in one of issue opinions that are guided by our both her undergraduate and legal stud- the poorest counties in the nation—a Constitutional principles and always ies. She earned her Bachelor’s degree in place where nothing is taken for grant- grounded in the law and she will never Business Administration, magna cum ed and where every success is hard- forget her solemn duty to uphold fair- laude, from Marshall University, and earned. ness and justice for everyone, regard- her J.D., Order of the Coif, from West Stephanie credits a supportive family less of social status or economic Virginia University College of Law. and community, and the influence of means. While at West Virginia University she two strong women who assumed her In conclusion, it is with great opti- was a recipient of the Robert L. Griffin ability to achieve against the odds. mism, pride, and a renewed spirit that Memorial Scholarship and Editor of While still in the crib, Stephanie’s I look to the future, knowing that this West Virginia Law Review’s Coal Issue. mother and grandmother told her important appellate vacancy will be She has also recently been named every day that she would go to college, filled with such a qualified nominee as ‘‘Outstanding Female Attorney’’ by and then in college they told her she Stephanie Dawn Thacker. WVU Law’s Women’s Caucus. would succeed in law school. They in- I yield the Floor. Ms. Thacker’s wide-ranging expertise stilled in her the value of education The PRESIDING OFFICER. The Sen- in civil and criminal matters, her im- and a strong sense of public service and ator from West Virginia. pressive track record in the courtroom duty to her country, which we fulfill Mr. MANCHIN. Mr. President, I rise as both a prosecutor and a defense at- again today. today first of all to thank the senior torney, and her outstanding academic Ms. Thacker heeded their advice, Senator, my friend Senator ROCKE- accomplishments will make her a first- graduating magna cum laude from FELLER, for nominating such a quali- rate addition to the 4th Circuit. I am Marshall University and second in her fied jurist upon the passing of our dear proud to call her a fellow West Vir- class from the West Virginia Univer- friend, Judge Blane Michael. ginian and I am pleased that she will sity College of Law, where she was an Stephanie Dawn Thacker is a native finally be confirmed. editor of the Law Review. of Hamlin, WV. We are awaiting her THE BUFFETT RULE Over the next 21 years her passion confirmation this afternoon with a Mr. MANCHIN. Mr. President, I had and respect for the law, along with her vote which I know will be in the af- the enormous privilege to spend the

VerDate Mar 15 2010 03:10 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.049 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2311 last 2 weeks traveling around my great tions. We are pushing $16 trillion dol- rate. We are filling those vacancies. State to hear from the people of West lars in debt and we are still spending But again, I would remind my col- Virginia. more than a trillion dollars more than leagues that of the 82 current vacan- It is always so refreshing to get a we take in every year. That does not cies, 50 have no nominee. That is over dose of commonsense from people who make sense. 60 percent of vacancies with no nomi- are working hard every day to balance We have to fix the whole thing so nee. their family budget, put food on the that we can start reducing our deficit, Another complaint we hear, which is table and give their kids a better life. paying down our debt and putting our a distortion of the record, is the so- And I can tell you that the people of fiscal house back in order for the next called delay in confirming nominees. West Virginia are so frustrated and los- generation. Those who raise this complaint only ing confidence in this government, es- To do that, we have a plan with bi- focus on the time a nominee is reported pecially when it comes to our broken partisan support—the Bowles-Simpson out of committee until confirmation. tax system. framework, which would reduce loop- But the confirmation process is more Whether it was in Beckley, holes, exemptions and credits across than just Senate floor action. the board, lower tax rates and get ev- Ravenswood or Wheeling, I heard the For those who may not be familiar eryone to pay their fair share. Just as same thing from the people of my great with the confirmation process, let me importantly, it would cut spending and State. review. Once a nomination is received, We just don’t understand why hard- start paying down our debt. I can’t tell you how important that is the committee takes an appropriate working, middle income people are amount of time to review the nomi- paying a much higher tax rate than to the people of West Virginia, the tax- payers in every single income bracket nee’s Senate questionnaire and back- some of the wealthiest people in this ground and review written materials. country. Take our coal miners, who go who don’t trust the government to spend their tax dollars wisely. The Committee holds a hearing on ju- to the mine every single day to make a dicial nominees and then holds the living for themselves, for their fami- Just like all Americans have the re- sponsibility to pay their fair share, record open for additional written lies, but who are paying a higher tax questions. Of course there is debate on rate than some people making a mil- Washington has the responsibility to show the people of this country—no the nomination in committee, then the lion dollars a year. Where I come from, nomination is reported to the floor. All that’s not fair. Where I come from, matter how much money they make— that we are using their tax dollars of this takes time. Every step is impor- that doesn’t make any sense. wisely and effectively—just as we did tant. Not all nominees make it through Where I come from, that means our each step. system needs to be fixed—in a real, re- in West Virginia. That is why I believe we must—and I The average time for this process for sponsible and fiscally sound way that will continue to fight—to cut back on President Bush’s circuit judge nomi- reduces our debt. our spending. We have to eliminate the nees was 350 days. That means it took, Now, let me be clear: I am not be- $125 billion dollars that we spent in on average, nearly 12 months from the grudging anyone who’s worked hard, waste, fraud and abuse last year alone. time a nomination was received in the who has taken a risk or who has done And most importantly, we have to pay Senate until final confirmation. well. But we have to have a solid coun- down the nearly $16 trillion dollar debt For President Obama’s circuit nomi- try under us to achieve those goals. hole that has been dug for the next nees the average time from nomination And we need to put fairness back in the generation. to confirmation is 243 days. That tax system to get this country on solid The Buffett Rule would take a small means President Obama’s circuit nomi- ground again. And if we want a fair step to show the American people that nees are being confirmed faster than system, that means that there should we are trying to correct those problems those of President Bush. So to those not be privileges that allow the very and—most importantly—put some who ask What’s different about this wealthy to pay a lower rate than hard- basic fairness back into our tax sys- President? I would respond that one working, middle class Americans. tem. Right now, the average person does thing that is different is that this Even though this vote might fail, in President’s circuit nominees are being not have those opportunities or privi- West Virginia we will continue to work leges. But when people believe the treated much more fairly than Presi- hard. We will continue to pay our dent Bush’s nominees were treated. American Dream is in reach, they will taxes. And we will continue to fight to As I stated, not all nominees make it all pull harder. make sure that when our coal miners through every step of the process. In Today I rise to speak about my sup- send in their taxes, that people who the case of our nominee today, she port for the Buffett Rule, which would bring in a million dollars a year aren’t completed that process in about 220 take a small step toward fixing this un- getting away with paying less. days, below the average for President fair system and paying down this coun- The future of this country depends on Obama and much quicker than the av- try’s nearly $16 trillion debt. those of us here in Washington working erage for President Bush. She will like- A lot of people here believe that this together to restore confidence in this ly be confirmed and take her place on bill will fail because of politics on a great nation because when people be- the Court of Appeals for the fourth cir- mostly party line vote. That is a shame lieve that everyone is paying their fair cuit. because the only line we should vote is share, they are all willing to pull their the American line. load a little harder. And if people start This was not the outcome for many For a year-and-a-half, I have been believing in this country again, there’s of President Bush’s nominees to the coming to the Senate floor to urge my no stopping us. fourth circuit. Let me review just a few colleagues to put party and politics I yield the floor. of the highlights from those failed aside and vote for the good of the next Mr. GRASSLEY. Mr. President, nominations. generation, whether it is a Democratic again we are moving forward under the I wonder if my colleagues remember idea or a Republican idea. regular order and procedures of the William Haynes, President Bush’s But even though this vote on the Senate. This year we have been in ses- nominee to sit on the fourth circuit. In Buffett Rule might fail today on party sion for about 37 days, including today. the 108th Congress, my Democratic col- lines, we cannot give up—we have to During that time we will have con- leagues held up his nomination for 638 find a way to come together for the firmed 15 judges. That is an average of days on the Senate calendar alone be- next generation. better than one confirmation for every fore it was returned to the President. I have said before that the Buffett 21⁄2 days we have been in session. With All in all, he put his life on hold for Rule alone does not address the full the confirmations today, the Senate 1,173 days and never received an up-or- scope of the problem. All it does is nib- will have confirmed nearly 75 percent down vote. ble around the edges of our broken tax of President Obama’s article III judi- Later, at a point during the 110th code. We still have too many corpora- cial nominations. Congress, the fourth circuit had a va- tions that can take advantage of too Despite this progress, we still hear cancy rate of 33 percent and des- many loopholes, credits and exemp- complaints about the judicial vacancy perately required judges. The President

VerDate Mar 15 2010 03:10 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A16AP6.011 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2312 CONGRESSIONAL RECORD — SENATE April 16, 2012 did his duty and submitted four nomi- Nevertheless, despite his stellar ciate, where she worked from 1992 to nations. Unfortunately, all of them qualifications, Mr. Rosenstein waited 1994 on cases involving commercial liti- were needlessly delayed. 414 days for a hearing that never came. gation defense, white collar criminal Judge Robert Conrad was nominated His nomination was returned on Janu- defense, and legal malpractice and pro- to a seat on the fourth circuit which ary 2, 2009. fessional responsibility defense. had been designated as a judicial emer- Judge Glen Conrad was another In 1994, she joined the United States gency, Both home State Senators sup- failed nomination to the fourth circuit. Attorney’s Office for the Southern Dis- ported his nomination. Furthermore, Nominated on May 8, 2008 he had the trict of West Virginia as an assistant he had received unanimous support support of his home State Senators, United States attorney in the General from the Senate on two prior occa- one a Republican, the other a Demo- Criminal Division. As an assistant sions—first when he was confirmed to crat. Judge Conrad had previously been United States attorney, she prosecuted be a United States Attorney and again supported by the full Senate when he cases on a wide range of criminal mat- when he was confirmed by voice vote to was confirmed to be a United States ters including money laundering, be a United States District Judge for District Judge for the Western District fraud, firearms, and tax evasion mat- the Western District of North Carolina. of Virginia by a unanimous, bipartisan ters. She eventually developed a niche The American Bar Association’s Stand- vote of 89–0 in September 2003. Despite in domestic violence, child support en- ing Committee on the Federal Judici- his extensive qualifications, Judge forcement, and coal mine safety. ary unanimously gave him a rating of Glen Conrad waited 240 days for a hear- In 1999, she became a trial attorney well qualified. ing that never came. His nomination with the Department of Justice’s Child Judge Conrad met every standard to was returned on January 2, 2009. Exploitation and Obscenity Section. be considered a well qualified, non- What was the reaction to this Demo- She was promoted to deputy chief for controversial, consensus nominee. Yet, cratic obstruction to President Bush’s litigation in 2002 andl principal deputy his nomination stalled. He was nomi- fourth circuit nominees? A December chief in 2004. As a trial attorney, she nated on July 17, 2007. Despite his ex- 2007 Washington Post editorial la- prosecuted cases around the country tensive qualifications, a hearing was mented the dire straits of the fourth involving child pornography, child sex- never scheduled. On October 2, 2007 circuit writing: ‘‘[T]he Senate should ual exploitation, sex trafficking, and Senators BURR and Dole sent a letter act in good faith to fill vacancies—not obscenity. As deputy chief and prin- to the chairman asking for a hearing as a favor to the president but out of cipal deputy chief, she was responsible for Judge Conrad. On April 15, 2008 they respect for the residents, businesses, for the management and professional sent a second letter to the chairman defendants and victims of crime in the development of the section trial attor- requesting a hearing for Judge Conrad. region the 4th Circuit covers. Two neys. Their request was never granted. nominees—Mr. Conrad and Steve A. In 2006, she became a partner at After waiting 585 days for a hearing Matthews—should receive confirma- Guthrie and Thomas—formerly King, that never came, Judge Conrad’s nomi- tion hearings as soon as possible.’’ Betts & Allen—where she previously nation was returned on January 2, 2009. In 2008, another Washington Post edi- worked basis as an associate. She has Steve Matthews was another nomi- torial stated that ‘‘blocking Mr. Rosen- specialized in complex litigation, envi- nee to the fourth circuit, nominated on stein’s confirmation hearing . . . would ronmental and toxic tort litigation, September 6, 2007. He was a graduate of elevate ideology and ego above sub- representing large companies, as well Yale Law School and had a distin- stance and merit, and it would unfairly as handling some criminal defense guished career in private practice in penalize a man who people on both cases representing individuals. South Carolina. He also had the sup- sides of this question agree is well A substantial majority of the ABA port of his home State Senators. On qualified for a judgeship.’’ Standing Committee on the Federal April 15, 2008 Senators GRAHAM and I would note that the seat to which Judiciary gave her a rating of well DEMINT sent a letter to the chairman Mr. Rosenstein was nominated went qualified; a minority of that com- asking for a hearing for Mr. Matthews. vacant for over 9 years. When Presi- mittee rated her as qualified. Despite his qualifications, Mr. Mat- dent Obama made his nomination to The PRESIDING OFFICER. Under thews waited 485 days for a hearing that vacancy, the nominee fared far the previous order, the question is on that never came. His nomination was better. He received a hearing a mere 27 the nomination. returned on January 2, 2009. days after his nomination and received Mr. ROCKEFELLER. I ask for the Rod Rosenstein was nominated to a a committee vote just 36 days later. yeas and nays. fourth circuit seat designated as a judi- So today, as we confirm another of The PRESIDING OFFICER. Is there a cial emergency on November 15, 2007. President Obama’s nominees to the sufficient second? The American Bar Association’s Stand- fourth circuit, I hope my colleagues There is a sufficient second. The question is, Will the Senate ad- ing Committee on the Federal Judici- understand, recognize, and acknowl- vise and consent to the nomination of ary unanimously rated him well quali- edge that President Obama’s nominees Stephanie Dawn Thacker, of West Vir- fied. Previously, in 2005 he had been are being treated in a fair manner. ginia, to be United States Circuit confirmed by a noncontroversial voice Stephanie Dawn Thacker is nomi- Judge for the Fourth Circuit? vote as U.S. Attorney for Maryland. nated to be United States Circuit The clerk will call the roll. Prior to his service as U.S. Attorney, Judge for the fourth circuit. She grad- The assistant legislative clerk called he held several positions in the uated with honors from West Virginia the roll. Departm6nt of Justice under both Re- University College of Law in 1990 and Mr. DURBIN. I announce that the publican and Democratic administra- received her B.A., magna cum laude, Senator from Hawaii (Mr. AKAKA), the tions. from Marshall University in 1987. Ms. Senator from Colorado (Mr. BENNET), On June 24, 2008 Senator Specter, the Thacker began her legal career as an and the Senator from Connecticut (Mr. ranking Republican Member, sent a associate in the Pittsburgh office of LIEBERMAN) are necessarily absent. letter to Mr. Rosenstein’s home State Kirkpatrick & Lockhart, now K&L Mr. KYL. The following Senators are Senators pointing out that the seat to Gates. There she worked on complex necessarily absent: the Senator from which Mr. Rosenstein had been nomi- commercial and asbestos defense liti- Wyoming (Mr. ENZI), the Senator from nated had been vacant since August gation. Utah (Mr. HATCH), and the Senator 2000—at the time nearly 8 years. He re- In 1992, she worked for a brief period from Illinois (Mr. KIRK). quested they return their blue slips on as an assistant attorney general in the Further, if present and voting, the his nomination. That request was de- Environmental Division of the Office of Senator from Utah (Mr. HATCH) would clined, reportedly because the nominee the West Virginia Attorney General. have voted ‘‘yea.’’ lacked ties to Maryland and was doing There she represented the State of The PRESIDING OFFICER. Are there too good of a job as the U.S. Attorney West Virginia on environmental issues any other Senators in the Chamber de- for Maryland. I find that rationale involving permitting and compliance. siring to vote? somewhat perplexing, if not incon- She then joined King, Allen & Betts— The result was announced—yeas 91, sistent. now Guthrie and Thomas—as an asso- nays 3, as follows:

VerDate Mar 15 2010 05:01 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A16AP6.010 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2313 [Rollcall Vote No. 64 Ex.] reduction or hundreds of thousands of The PRESIDING OFFICER (Mr. YEAS—91 infrastructure jobs or to keep student MERKLEY). Are there any other Sen- Alexander Graham Murray interest rates at 3.4 percent and end ators in the Chamber desiring to vote? Ayotte Grassley Nelson (NE) the absurd inequity in our Tax Code The yeas and nays resulted—yeas 51, Barrasso Hagan Nelson (FL) that lets a hedge fund billionaire pay a nays 45, as follows: Baucus Harkin Paul lower tax rate than a Rhode Island [Rollcall Vote No. 65 Leg.] Begich Heller Portman Bingaman Hoeven Pryor truckdriver. I hope my colleagues will YEAS—51 Blumenthal Hutchison Reed vote yes. Baucus Gillibrand Murray Blunt Inhofe Reid The PRESIDING OFFICER. The Sen- Begich Hagan Nelson (NE) Boozman Inouye Risch Bennet Harkin Nelson (FL) Boxer Isakson ator’s time has expired. Roberts Bingaman Inouye Reed Brown (MA) Johanns The Senator from Arizona. Blumenthal Johnson (SD) Reid Brown (OH) Johnson (SD) Rockefeller Rubio Mr. KYL. Madam President, everyone Boxer Kerry Rockefeller Burr Johnson (WI) Brown (OH) Klobuchar Sanders Cantwell Kerry Sanders knows this is not going to pass. This is Schumer Cantwell Kohl Schumer Cardin Klobuchar a political exercise. I urge my col- Cardin Landrieu Shaheen Sessions Carper Kohl leagues to vote no. The fact is on aver- Carper Lautenberg Stabenow Shaheen Casey Kyl age the people in the upper two brack- Casey Leahy Tester Chambliss Landrieu Shelby ets pay more than twice as much in Collins Levin Udall (CO) Coats Lautenberg Snowe Conrad Manchin Udall (NM) Coburn Leahy Stabenow their income tax rates as the people we Coons McCaskill Warner Cochran Levin Tester call the middle-class taxpayers. Durbin Menendez Webb Collins Lugar Thune So the basis, the factual basis upon Feinstein Merkley Whitehouse Conrad Manchin Toomey Franken Mikulski Wyden Coons McCain Udall (CO) which this is allegedly founded is in- Corker McCaskill Udall (NM) correct. The truth is this legislation NAYS—45 Cornyn McConnell Warner will do nothing with regard to job cre- Alexander Enzi Moran Crapo Menendez Webb Ayotte Graham Murkowski Durbin Merkley ation, with regard to gas prices, with Whitehouse Barrasso Grassley Paul Feinstein Mikulski regard to economic recovery, or any of Wicker Blunt Heller Portman Franken Moran Wyden the other matters the American people Boozman Hoeven Pryor Gillibrand Murkowski care about. As a result, to focus atten- Brown (MA) Hutchison Risch NAYS—3 tion on something like this is to try to Burr Inhofe Roberts Chambliss Isakson Rubio DeMint Lee Vitter draw attention away from the issues Coats Johanns Sessions NOT VOTING—6 about which the American people are Coburn Johnson (WI) Shelby most concerned. Cochran Kyl Snowe Akaka Enzi Kirk Corker Lee Thune Bennet Hatch Lieberman I urge my colleagues to vote no. Cornyn Lugar Toomey CLOTURE MOTION Crapo McCain Vitter The nomination was confirmed. DeMint McConnell Wicker The PRESIDING OFFICER (Mrs. The PRESIDING OFFICER. The clo- ture motion having been presented NOT VOTING—4 HAGAN). Under the previous order, the motion to reconsider is made and laid under rule XXII, the Chair directs the Akaka Kirk Hatch Lieberman upon the table. The President will be clerk to read the motion. The bill clerk read as follows: immediately notified of the Senate’s The PRESIDING OFFICER. On this action. CLOTURE MOTION vote, the yeas are 51, the nays are 45. We, the undersigned Senators, in accord- Three-fifths of the Senators duly cho- f ance with the provisions of rule XXII of the sen and sworn not having voted in the LEGISLATIVE SESSION Standing Rules of the Senate, hereby move affirmative, the motion is rejected. to bring to a close debate on the motion to Mr. LIEBERMAN. Mr. President, I The PRESIDING OFFICER. The Sen- proceed to Calendar No. 339, S. 2230, a bill to know there are many who dismiss the ate will resume legislative session. reduce the deficit by imposing a minimum President’s proposal of the so-called f effective tax rate for high-income taxpayers. Buffett rule as an election year tactic Harry Reid, Sheldon Whitehouse, John IMPOSING A MINIMUM EFFECTIVE D. Rockefeller IV, Barbara Boxer, Pat- which has no chance of being enacted. RATE FOR HIGH-INCOME TAX- rick J. Leahy, Jeff Bingaman, Richard But, for me, it must be taken as a seri- PAYERS—MOTION TO PROCEED J. Durbin, Daniel K. Akaka, Al ous proposal because it touches impor- Franken, Jack Reed, Mark Begich, tant economic principles at a very dif- The PRESIDING OFFICER. The ma- Sherrod Brown, Carl Levin, Richard ficult economic time for our country. jority leader. Blumenthal, Bernard Sanders, Debbie Although I was unable to be present for Mr. REID. Madam President, I ask Stabenow, Charles E. Schumer, Patty this afternoon’s vote, I would have unanimous consent there be 2 minutes Murray. voted against the motion to proceed to equally divided prior to the cloture The PRESIDING OFFICER. By unan- the Paying a Fair Share Act of 2012, S. vote on the motion to proceed. imous consent the mandatory quorum 2230, and I want to explain why. The PRESIDING OFFICER. Without call has been waived. The question is, I am not opposed to the Buffett rule objection, it is so ordered. Is it the sense of the Senate that de- because I am opposed to raising income The Senator from Rhode Island. bate on the motion to proceed to S. taxes on the wealthiest Americans. I Mr. WHITEHOUSE. Madam Presi- 2230, a bill to reduce the deficit by im- am opposed to the Buffett rule because dent, many Americans sat down last posing a minimum effective tax rate it would double to 30 percent the cap- week to prepare their taxes, knowing for high-income taxpayers, shall be ital gains tax on one group of investors from Warren Buffett and others that brought to a close? and therefore reduce exactly the kind the highest income Americans very The yeas and nays are mandatory of capital investments we need to get often are paying a lower tax rate than under the rule. our economy growing again and create they have to. The 400 highest income The clerk will call the roll. jobs. To protect America from being Americans, the most recent data The bill clerk called the roll. drowned in public debt we will eventu- shows, paid an all-in tax rate of 18.2 Mr. DURBIN. I announce that the ally have to raise revenues, hopefully percent, on average. Some paid a lot Senator from Hawaii (Mr. AKAKA) and through broad tax reform, and, of less. One year Warren Buffett paid an the Senator from Connecticut (Mr. LIE- course, we will also have to cut expend- 11-percent tax rate. BERMAN) are necessarily absent. itures, particularly the rate of in- Reuters reported today that about 65 Mr. KYL. The following Senators are creased spending on so-called entitle- percent of taxpayers who earn more necessarily absent: the Senator from ment programs. But that is different than $1 million face a lower tax rate Utah (Mr. HATCH) and the Senator from from the question of how to tax gains than the median tax rate for moderate- Illinois (Mr. KIRK). on capital investments. I have long be- income earners making $100,000 or less Further, if present and voting, the lieved in the value of having a lower a year. This bill will raise between $47 Senator from Utah (Mr. HATCH) would tax on capital gains than on regular in- and $162 billion that could go for deficit have voted ‘‘nay.’’ come because capital investments are

VerDate Mar 15 2010 05:33 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A16AP6.007 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2314 CONGRESSIONAL RECORD — SENATE April 16, 2012 one of the engines that has driven this mick in the Tax Code that allows peo- Then it came to the floor, and there great economy of ours, made us the ple who make north of a quarter of a are complaints from time to time land of opportunity, and created the billion dollars a year to pay lower tax around here that stuff gets jammed on American middle class. Someone once rates than a Providence, RI truck- the floor and there is not enough of an said that if you take the ‘‘capital’’ out driver pays if he is single. I think that open amendment process. There were 5 of capitalism, all you have left is an is pretty hard to justify, frankly. I weeks of debate and amendment of this ‘‘ism.’’ There is a lot of truth in that think a lot of Americans spent last bill on the Senate floor. I think 41 play on words. week preparing their taxes and having amendments were added to the bill, ei- My support for a lower capital gains heard from Warren Buffett who 1 year ther by vote or by agreement during rate was probably born when one of the paid an 11-percent all-in Federal tax the course of that—Republican amend- great political inspirations of my life, rate, a rate obviously higher than his ments, Democratic amendments. When President John F. Kennedy, advocated secretary paid, something Mr. Buffett the dust settled on the whole process lower capital gains taxes as part of his himself has complained about, there is and everybody had their say and every- ‘‘a rising tide raises all boats’’ fiscal a pretty wide sense that the American body had their votes and all the policy. During my first term in the Tax Code serves special interests and amendments that could be considered Senate in 1989, I supported President people who have phenomenal amounts were considered, we voted on it and 75 George H.W. Bush’s proposal to lower of wealth much better than it serves Senators either voted for it or were out the capital gains tax. I was one of a regular middle-class taxpayers. of town and have said that they would small group of Democrats to do so. That is particularly true if you avoid have voted for it had they been here. doing what my Republican colleagues During the 1990s, I worked alongside So you had an effective vote of 75, I have done, which is focus on the most the late, great Jack Kemp in support of think, to 22. By our standard here that progressive part of the Tax Code, the lower capital gains rates, especially for is a colossal bipartisan landslide. income tax part, and ignore the most gains made on capital investments in The bill itself was supported by ev- regressive part of the Tax Code which low-income urban and rural areas erybody from the U.S. Chamber of hits the working families the hardest, Commerce—which is probably the most which we called enterprise zones. which is payroll taxes. Almost every- active Republican lobbying and polit- Throughout the years, I cosponsored thing they will say about the American ical organization in the country—to broad proposals to lower the capital Tax Code conveniently omits the taxes environmental groups, to the labor gains tax with Senator HATCH and that most Americans pay—more Amer- unions. This is a bill that everybody other Members of the Senate from both icans pay than the income tax, frankly. political parties. To me, economic his- But we had a good discussion on that supports. From a jobs point of view it tory proves that lower capital gains subject. I think because it was so dif- is 2.9 million jobs. It is 9,000 jobs in my taxes grow our economy and higher ficult for so many of my colleagues to home State of Rhode Island. This is a capital gains taxes don’t increase reve- come out in favor of an upside-down big deal. nues. This particular tax increase is es- tax situation in which somebody mak- The bill was sent over to the other pecially ill-timed, since it is clear that ing a quarter of a billion dollars pays a side of the Capitol and there it sits. literally billions of dollars are now lower rate than somebody making The Speaker will not take it up. What being held back from new investments $100,000 or $90,000, other topics were I hear is because he does not want to in America by individuals and busi- brought up. We kind of had a march count on Democratic votes. To some- nesses because they are uncertain through all the topics one could think body who wants a job or who wants a about the future of our economy and of. One of them, very central to all of cousin or a sister to have a job—to be the future of government policies that us here in the Senate today, is jobs, out working, rebuilding roads, rebuild- will affect their businesses and their and it was pointed out that the tax ing bridges, rebuilding highways, re- investments. The best thing we could fairness bill is not a jobs bill. Of course building our national infrastructure— do to regenerate economic growth is to it would be if you took the $47 billion it is pretty hard to explain why you adopt broad-based tax and entitlement to $162 billion in revenue it creates and would walk away from a bill that cre- reform that would bring our govern- put it toward infrastructure. Then it ates 3 million jobs, a bill that is bipar- ment books into balance and give would create literally hundreds of tisan, that went through a full process American businesses and investors a thousands of jobs. But because it does in the Senate, when they have no bill sense of certainty about the economic not define where the revenue is going whatsoever of their own, and do so be- environment in which they will be liv- to go I cannot say it is a jobs bill. It is cause they do not want to use Demo- ing for years to come. The Buffett rule, a tax fairness bill. That was its inten- cratic votes. That is sort of the ulti- on the other hand, targets a particular tion. mate Washington insider reason for not kind of economic activity—capital in- But we do have a jobs bill here in doing something important for the vestments—which are what America’s Congress. We have a very significant country. economy and people urgently need jobs bill. We have a highway transpor- When we talk about jobs in the Sen- now. And that is why I would have tation bill. The Presiding Officer serves ate, until we get action in the House voted against the Buffett rule. with me on the Environment and Pub- that creates a real bill, I don’t think we should be getting any lectures f lic Works Committee and knows how hard we worked to get that bill about jobs from our Republican col- MORNING BUSINESS through the Environment and Public leagues. I am told that the House is Mr. WHITEHOUSE. Mr. President, I Works Committee. It is exactly the passing another extension. As the Pre- ask unanimous consent the Senate pro- kind of bill that people from outside of siding Officer knows, these extensions ceed to a period of morning business, Washington, looking in at Washington, cost a ton in the way of jobs. It has with Senators permitted to speak want to see us do. You had a chairman been estimated by our Director of therein for up to 10 minutes each. on the Environment and Public Works Transportation that it would be a The PRESIDING OFFICER. Without Committee, BARBARA BOXER of Cali- thousand jobs lost in Rhode Island objection, it is so ordered. fornia, and a ranking member on the from the extension we have already f Environment and Public Works Com- agreed to through the end of June. If mittee, Senator INHOFE of Oklahoma, we pass that through the end of Sep- SURFACE TRANSPORTATION ACT who are from about as polar opposite tember, there goes the entire building Mr. WHITEHOUSE. Mr. President, I political points of view as they could season. That is going to hurt. will be closing the Senate very shortly, be, but they found a way to come to- I spent time in Rhode Island when we but before I do I want to say a few gether on this bill. They worked with were home over the recess period with words about a topic that came up all of us on the committee. As a result the Director of Transportation, who is today. Obviously, I was pleased that a the bill passed out of the Environment a very able Director. He has worked majority of the Senate, indeed a bipar- and Public Works Committee unani- under Republican and now Independent tisan majority of the Senate, has just mously, every Republican and every Governors. He describes that they have voted to eliminate an unfortunate gim- Democrat. a list this long of projects that they

VerDate Mar 15 2010 04:26 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.033 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2315 want to get done this summer, in the make sure we have a bill that will take rounded education that includes the building season, but if they do not us to conference and that we get to arts. know until July what the funding is conference as quickly as possible. Once Unfortunately, recent data from the going to be, he said, I have to drop a we are in conference, we need to pass a Department of Education show that in- lot of those projects off the bottom. real authorization that avoids these equities persist. Schools serving the When I do that, that is a lot of jobs. It problems as quickly as possible. The poorest students are less likely to offer is unnecessary. We could be passing American people expect no less. instruction in the arts. For example, this bipartisan Senate bill through the It is not rocket science to pass a availability of music instruction in House very quickly. Democrats would transportation bill. Congress has been secondary schools on average has re- vote for it. Many Republicans would doing this since the days when Presi- mained at about 90 percent for the last vote for it. All those jobs would be able dent Eisenhower established the Fed- 10 years. Meanwhile, it has actually de- to start up right away. If we extend it eral highway program. If we cannot get creased, from 100 percent to 81 percent further into September, that makes it this done, what does that say about our for schools with the highest poverty even worse. So it is urgent that we not prospects of doing something com- concentration—a 19 percentage point continue down a path of delay and plicated, such as cybersecurity or other decrease. delay of the bill. issues we will have to face? This should We all want our kids to succeed in It is not only me saying this. The be a slam dunk, particularly with a bi- school, and to be inspired in school. folks at Standard & Poor’s have come partisan bill that everybody supports Many students find the motivation to out with a report that is entitled ‘‘In- that came through the Senate after learn through participation in the vis- creasingly Unpredictable Federal such a clear, transparent, rigorous, and ual arts, drama, band, orchestra, choir, Funding Could Stall U.S. Transpor- open process. I will end my remarks or dance. Every child should have the tation Infrastructure Projects.’’ They there. opportunity to do something that in- point out that: ARTS ADVOCACY DAY 2012 spires and excites them, that teaches As the construction season begins in the Mr. HARKIN. Mr. President, at a re- them creativity, collaboration, and northern half of the country, this continuing cent HELP Committee hearing on edu- communication, no matter their socio- uncertainty in funding could force states to cation and the economy, representa- economic status, their neighborhood, delay projects rather than risk funding tives of the business community told changes or political gridlock come July. their local tax base. Research has us that it is not enough for our edu- shown that arts education improves That is exactly what Director Lewis cation system to produce graduates told me, that simply the uncertainty not only children’s creativity, but also who can read, write, and do math. Em- their ability to learn and be productive will move jobs off the list that can be ployers need workers who can apply done in this construction season. The in school, as well as their self-con- creativity, collaboration, and commu- fidence and social skills. report continues that ‘‘ . . . the polit- nication in their jobs to solve prob- ical gridlock in Washington, DC’’—i.e. Christine Dunn, a music teacher at lems, produce ideas and make connec- Harlan Community Elementary School the Speaker being unwilling to call up tions. These are the keys to innovation a bipartisan, 75 to 22, Senate bill with in Harlan, IA, wrote me a letter urging and success in the knowledge economy me to continue my support for the Democratic and Republican amend- of the 21st century. Indeed, they are es- ments, everybody supporting it, unwill- arts. She told me that without the sential if we are to move our economy arts, ‘‘our students may never be able ing to call that up because he doesn’t forward, create jobs, and ensure our na- want to have to rely on Democratic to see, understand or express feelings, tional security. But I ask you, How can thoughts and ideas fully. I try to imag- votes, that is political gridlock for we produce graduates who are creative sure—‘‘and the doubts surrounding fed- ine a world without the arts and it and collaborative if we don’t value the looks very bleak. The arts give us cre- eral funding are making it difficult for arts in our society and teach it in our issuers throughout the infrastructure ativity and the freedom to be our- schools? selves.’’ sector to define long-term plans for Today is Arts Advocacy Day. Advo- funding necessary capital projects.’’ Today on the occasion of Arts Advo- cates for the arts have come to Wash- cacy Day, I would like to recognize the Then this report goes on to say: ington to remind their elected officials Once a long-term authorization is ap- outstanding advocacy of Iowans like about the importance of Federal in- Ms. Dunn, Barry Griswell, and Suku proved, we believe it will provide an impetus vestments in the arts. Why investment for transportation agencies to reconsider Radia—and the wonderful contribu- high priority projects that have been shelved at the Federal level? Because arts are tions that Iowans have made to the because of lack of funds, but if the authoriza- essential to the fabric of our society. arts throughout our nation’s history. tion is extended by even more continuing Arts education teaches critical skills— resolutions, such high priority projects will not just creativity, but also a rigorous f remain in limbo. and practical application of other Jobs are at stake. It is a multi- skills. The arts make us think. The TRIBUTE TO MASTER SERGEANT million-jobs bill. It is sitting over arts improve our quality of life. The CHARLES ROBERT ‘BOB’ STOKES there, not because of any problem they arts provide an outlet for personal and Mr. MCCONNELL. Mr. President, I have with the bill per se. They don’t political expression. Collectively, our rise today to pay tribute to a distin- have a bill of their own. They don’t arts express who we are as a nation. guished veteran of our Nation’s great have anything they prefer. I hear they This very building, the United States Armed Forces, Master Sergeant are going to send over another exten- Capitol, an enduring symbol of freedom Charles Robert ‘‘Bob’’ Stokes of East sion to September—arguably, if I hear and democracy, is an especially power- Bernstadt, KY. MSG Stokes enlisted in correctly, with some politically very ful example. Federal funds built this the United States Air Force on June 6, contentious issues attached, which building. Federal funds also support 1955. He had just graduated from Lon- makes it even more difficult. Remem- vital programs such as the Iowa Arts don High School the week before; he ber, this was a bipartisan bill here on Council Big Yellow School Bus grants, was 18 years old. the Senate side. That is where we are to pay the costs of busing students to There was a wide variety of dis- stuck. museums or live orchestra concerts. ciplines Bob could have entered within So I wished to take the time this For many students, this is the only op- the Air Force. He prayed all through- evening to urge my colleagues on the portunity they have to experience the out his basic training for God to put Republican side of the aisle to use arts. him in the field he would be best suited whatever powers they have of con- It is imperative that we continue to to. Being the son of a mechanic, he pos- versation or persuasion to get the promote a society where all citizens sessed natural tendencies to fix things, House to call up the bill. If we have to are exposed to the arts and where all and had worked on machinery pre- get this bill over, the alternative is, if students—no matter their socio- viously in his life. So after much pray- it is only another extension, that is economic background, community, ing, Bob was assigned to be an aircraft going to cost—I don’t know—another family, or ability—have equitable ac- mechanic, an act he later would refer 1,000 jobs in Rhode Island. We need to cess to a high-quality, public, well- to as a ‘‘divine intervention.’’

VerDate Mar 15 2010 04:26 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.056 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2316 CONGRESSIONAL RECORD — SENATE April 16, 2012 Stokes had never traveled much be- and around the world that he had never ‘‘I tried to get out of it, Stokes said. ‘‘I was fore the service, but he soon found him- dreamed of visiting. on B–52s, in combat, making combat pay, I self stationed all around the country at For a small town boy from Laurel County, was staff sergeant. I was living pretty good.’’ New York was quite a culture shock. Air Force bases in Missouri, Arkansas, Andrews AFB had the safest flight record ‘‘How green I was,’’ he said. ‘‘I’d never even and highest standard of excellence in main- and Puerto Rico, to name a few. Stokes seen a pizza in my life, never tasted one until tenance. ‘‘If you were selected, you were the eventually landed a spot on the presi- I went to New York. It looked terrible.’’ cream of the crop. You had to be good or you dential squadron put in charge of the But Stokes changed his mind about the wouldn’t last,’’ Stokes said. famous presidential aircraft, Air Force pizza, and adapted to his new surroundings, But at the time, he didn’t know what An- One. He was part of that outfit albeit with a lot of homesickness. He com- drews was all about; he didn’t even know pleted aircraft and engine school in Ama- what he’d been selected for. throughout the administrations of rillo, Texas, and was then stationed at Lyndon Johnson, Richard Nixon, and Upon arrival at Andrews AFB, SSG Stokes Whiteman Air Force Base, Mo. was escorted into the hangar bay by a mas- Gerald Ford. ‘‘I was a homesick boy,’’ Stokes said. ‘‘I ter sergeant. Another master sergeant, at Stokes’s career in the Air Force con- don’t think I’d been any place other than the time, was taking out the trash. tinued to prove fortuitous. He saw the Ohio and Tennessee before that, besides Ken- ‘‘I thought it was unusual to see a master world through the window of Air Force tucky.’’ sergeant doing this type of work, and what One, visiting places that he had At 18 years old, he was the youngest crew are they going to be having me, the staff ser- chief, or ‘‘glorified mechanic,’’ at Whiteman dreamed of seeing his entire life. He geant, doing, scrubbing toilets,’’ he said. AFB, maintaining B–47s. He’d later be sta- ‘‘But that’s just the way it was. The mas- witnessed monumental historic events, tioned in Arkansas, Puerto Rico, and back to like Nixon’s resignation, from an arm’s ter sergeant (escorting me) told me ‘every Missouri again, where he received orders to man on crew takes a turn at hangar detail.’ ’’ length away. He executed his job su- deploy to Guam. And they did. Stokes was aboard B–52s, flying combat perbly, ensuring the President would ‘‘We’d sweep and mop that hangar floor. missions over Vietnam. As a crew chief, always arrive safely on the ground. You could eat off it. I’d wax and polish the Stokes would fly beside the pilot. And finally, Bob received the greatest airplanes. Nobody was scared to work.’’ ‘‘I supposed it made the pilot feel better Besides, it had to be perfect. It was the benefit he would ever come across knowing there was someone beside him who home of the Air Force One, and Stokes had while running the presidential squad- knew how to fix the plane,’’ he said. ron, meeting his wife Varlene. She too As the person who made sure the craft was just made presidential squadron. was serving on Andrews AFB at the ‘‘airworthy’’ by keeping it properly main- ‘‘When we were overseas, nobody would touch that airplane but me,’’ Stokes said. time. tained and fueled up, it was rare for Stokes not to feel confident in an airplane. He said ‘‘I’d check the oil, pre-flight and post-flight Bob and Varlene retired to East and put it to bed.’’ Bernstadt in 1976, where they reside to there was only one time when he felt like he might perish in one. It was during his time Upon landing anywhere in the world, this day. The two have three children— at Andrews Air Force Base. Stokes would service the plane, fuel it up Robert Jr., Tricia, and Ward, all of Stokes was stationed at Andrews AFB dur- and make sure it was ready to go for the re- whom appreciate the dedication their ing the administrations of Lyndon Johnson, turn trip. He was the last person to see and mother and father have shown to our Richard Nixon, and Gerald Ford. He saw the touch the plane before guards were stationed great Nation throughout the years. world through the window of Air Force One, around the plane—inside the hangar and out- as a crew chief on the presidential squadron. side the hangar. No other soul was getting Mr. President, in November 2011 near it. there was an article published in Lau- The presidential outfit was made up of 30 to 40 planes to be used by anyone from the It’s why one night when Stokes got a call rel County, Kentucky’s local periodical president or vice president to cabinet offi- that he needed to check the plane due to a magazine, the Sentinel Echo: Silver cials. There were smaller jets used to shuttle bomb threat, he said ‘‘no way.’’ He was con- Edition. The article noted the accom- dignitaries between Andrews AFB and Camp fident how he’d left the plane. plishments of Mr. Stokes throughout David, and Marine helicopters to fly the ‘‘I said no way,’’ he said. ‘‘But we had to his many years of service in the United president back and forth between the White inspect it. I went over it from top to bottom, States Air Force. House and Andrews. Stokes was assigned to couldn’t find anything.’’ a VC–135, a plush plane strictly for VIP trav- But tensions were high then. Not long after At this time, Mr. President, it is my the alleged bomb threat, they heard word wish that my colleagues in the United el. As a man who loves to study history, the there’d been an attack on the Vice Presi- States Senate join me in honoring Mas- 74-year-old realizes now, more than ever, dent’s (Spiro Agnew) motorcade in Dallas, ter Sergeant Charles Robert Stokes for that he had a ‘‘window’’ into American and Texas. However, it wasn’t a sniper, but heat, his dedication to our great country; world history. that had made the back window shatter on and I ask unanimous consent that said ‘‘I saw history,’’ he said. ‘‘The poor peo- the car. article be printed in the RECORD. ple’s march on Washington, riots of the 1960s, Stokes met his wife, Varlene, while serving There being no objection, the article Watergate.’’ at Andrews AFB. She was working for the He remembers the day Nixon returned Department of Agriculture at the time. The was ordered to appear in the RECORD as from a diplomatic trip to China. It was the two met at a cookout hosted by a mutual follows: first time a U.S. president had visited the friend. [From the Sentinel-Echo: Silver Edition, People’s Republic of China, strongly consid- Although Stokes claimed he was a ‘‘con- Nov. 2011] ered an adversary at the time. firmed bachelor’’ at the age of 31, he said HISTORY IN THE MAKING ‘‘It [the trip] was very hush-hush,’’ said Varlene ‘‘changed his mind.’’ They were mar- (By Carrie Dillard) Stokes. ‘‘But when he came back, they let ried in October 1968. all the Air Force personnel and their fami- ‘‘The best thing that ever happened to me When retired Master Sergeant Charles lies know about it. We gathered around the was meeting her,’’ he said. Robert ‘‘Bob’’ Stokes was in basic training hangar as he taxied into the hangar.’’ The couple raised three children—Robert at Sampson Air Force Base, N.Y., waiting to He also remembers the day Nixon resigned. Jr., Tricia, and Ward. After every trip, speak to a counselor about which career field Actually, he saw him leave. Stokes would bring home a boon for his he would be best suited for, he prayed. ‘‘When Nixon left, he got on a plane to young family. A spoon for Bobby, a doll for Having enlisted in the U.S. Air Force, California,’’ Stokes said. ‘‘We liked Nixon. Tricia, and foreign coins for his wife, Stokes knew he couldn’t be a cook—he can’t But he got involved in that Watergate.’’ Varlene, although he wasn’t actually sup- cook, he said, but he likes to eat. He didn’t On the flight where he thought he might posed to keep the coins. ‘‘We were supposed want to be an air policeman either. But he perish, the presidential squadron had flown a to turn them in before we left the country,’’ had a mechanical background, came by it delegation to a state funeral in Brazil. While he said. The Stokes’s third child, Ward, honest from his father. ‘‘It was in my blood,’’ it was standard to fly with enough fuel to wouldn’t come along until after he left An- he said. make a landing at nearby alternate loca- drews AFB, missing out on the collections. So when only two men in his class were as- tions, the plane was nearly to their destina- The couple retired to East Bernstadt in signed to be in aircraft mechanics, Stokes tion when they discovered the airport had 1976, where they still live today. called it divine intervention—a guiding hand closed. Low visibility and haze kept the ‘‘The more you look back on it, I’m just that led him into the company of presidents, plane from landing in Brazil, and they blessed,’’ Stokes said. and ultimately to meet his wife. burned up most of the fuel circling the run- Stokes graduated from London High way. f School on May 28, 1955. He went into the ‘‘I was sweating bullets. It was the closest TRIBUTE TO MR. MARTIN YOUNG service on June 6. I’ve ever come to losing my life in an air- ‘‘I didn’t have a summer vacation that craft.’’ Mr. MCCONNELL. Mr. President, I year,’’ he said. But he would get to see and Truth be told, Stokes didn’t want to go to rise today in honor of a devoted and experience many places in the United States Andrews AFB in 1967 when he was selected. loyal serviceman from the United

VerDate Mar 15 2010 05:01 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.035 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2317 State Navy: Mr. Martin Young of Lon- ing time with his children, grand- was a hot spot, a lot of ships were sunk don, KY. Martin enlisted in the Navy children, and great-grandchildren. Al- there,’’ Young recalled. on September 22, 1942, when he was 19 though he has retired from cutting While in the Caribbean, the bow of Young’s ship was severely damaged by a torpedo from years old. His brother was in the Army, hair, he still uses his hands to make a German submarine. The sailors abandoned so Martin decided to go a different woodcrafts and play several different the ship and the wounded were sent to Cuba, route. He knew that he would have to musical instruments. While Martin Young among them. After arriving in Cuba, leave home, but what he didn’t know is would probably say the Navy has given the wounded boarded the SS Shiloh en route that he was going to explore a variety him so much, today I wish to recognize to the U.S. Navy Hospital in St. Albans, N.Y. of foreign locales and cross the Atlan- him and say that it is he who has given Seaman Young remained at the hospital for tic Ocean 14 times. us so much. Martin Young’s service to two months recovering from his injuries and surgery. Up until his enlistment in the Navy, his country during World War II is Young returned to duty on the tanker SS Martin had lived in Perry County, KY, something that each and every Amer- Manassas hauling fuel to England. This ship his entire life. He was first sent to ican to this day should be truly grate- made seven trips from New York to England basic training at Great Lakes Training ful for. (14 trips across the Atlantic). ‘‘We also Center in Illinois. After basic training, An article was recently published in hauled gasoline from Port Arthur, Texas,’’ Mr. Young decided he would attend London, KY’s local newspaper maga- Young said. ‘‘We would sail up the coast and gunnery school in San Francisco Bay, zine, the Sentinel-Echo: Silver Edition. join a convoy, maybe 60 ships. Several ships were sunk by German submarines during the CA. The article highlighted the many seven crossings.’’ After his 6-week stint in gunnery achievements made by Martin Young The Manassas was rammed by an Allied school, Martin was finally prepared to throughout his eventful lifetime. vessel in the English Channel and was take to the high seas. He was assigned At this time, I wish to invite my col- docked at Belfast, Ireland, a short time for to the Joseph Gale, a supply ship that leagues in the U.S. Senate to join me repairs. ‘‘While the ship was docked for re- carried ammunition and supplies as in commemorating Mr. Martin Young pairs, we still carried on with our duties,’’ well as airplanes. During his first de- and his dedication to our great Nation, Young said. ‘‘This was just before the inva- and I ask unanimous consent that said sion of France, and the crew had to be alert ployment on a ship, Mr. Young remem- at all times.’’ bers that he didn’t see land for 32 long article be printed in the RECORD. Young recalls being in the English Channel days. There being no objection, the article after the invasion of France and once again While aboard the Joseph Gale, Mr. was ordered to appear in the RECORD as was transferred to a supply ship, the SS Wil- Young traveled through New Guinea follows: lard Gibbs. ‘‘This time we took supplies and and the Loyalty Islands in the South [From the Sentinel-Echo: Silver Edition, ammo to Omaha Beach,’’ he said. Nov. 2011] The Willard Gibbs could not get near the Pacific; Tocapilla, Chili in South beach, so supplies were loaded onto barges BACK ON HIS HOME LAND America; the West Indies; and Cuba, all and transported to the beach. ‘‘During the before an emergency port in St. Al- (By Sue Minton) unloading of the ship, the crew members bans, NY. The ship’s bow was badly Martin Young, 89, a member of what has went ashore and walked on Omaha Beach,’’ damaged by a torpedo from a German become known as ‘‘America’s Greatest Gen- Young said. ‘‘This was about a month after submarine and the crew had no choice eration,’’ enlisted in the Navy on Sept. 22, the invasion.’’ but to stop for repairs on dry land. 1942. In the Spring of ’42, Young graduated Once more Young’s ship returned to New from high school, and that fall the 19-year- York, reloaded with supplies, and returned Once in New York, Mr. Young re- old ventured forth on a journey that would through the Panama Canal across the Pacific turned to work on the tanker SS Ma- take him across the Atlantic 14 times. Ocean to the Philippine Islands Leyte, Luzon nassas, a ship that hauled fuel to Eng- He traveled from his home in Perry County and Samar as well as the Mariana Islands, land. He would go on to make the jour- to Louisville to be processed, examined and Caroline Island, and several others. ney 14 times while serving on that ship. sworn in. ‘‘My brother was in the Army, so I This passage was to be Young’s last ocean Looking back, Mr. Young remembers decided on the Navy,’’ Young said. voyage. When he arrived back in Los Angeles the tension amidst the crew on the Ma- Following basic training at Great Lakes aboard the SS Willard Gibbs, he received 32 Training Center in Illinois, Young chose gun- days travel time to return to New York. nassas during the French Invasion. Al- nery school over submarine duty and was Instead of taking a bus to the east coast, though not involved in the attack, the transferred to Treasure Island in San Fran- Young and three crew members hitchhiked. ship was in the English Channel, and cisco Bay, Calif. ‘‘We trained on three guns, ‘‘We were on Old Highway 66, and we got a all members had to constantly be on the 20-millimeter, 5-inch 38, and 3-inch 50.’’ ride with one fellow all the way to St. alert, ready at a moment’s notice to After completing six weeks of gunnery Louis,’’ he said. ‘‘It took us three days and enter the fight. school, Young was assigned to U.S. Navy nights, and at St. Louis we split up, got bus Once Mr. Young returned to the Gunner Armed Guard Unit. tickets and headed home.’’ States, he was given a 32-day furlough After the gun crew assignment, Young and After a short furlough at his home in Perry his comrades departed for Portland, Ore., to County, Young went back to New York. But in which he and some Navy buddies begin their first sea duty. They boarded the during his 32 days travel time, the war hitchhiked from San Francisco to St. Joseph Gale, a supply ship that carried a ended. Louis before finally taking a bus to his cargo of ammunition and supplies as well as After his furlough was over, Young re- eastern Kentucky home. During his airplanes. This voyage also included a train- ported to Lido Beach, Long Island, New leave the war ended, and Mr. Young re- ing trip along the west coast, down to San York, where he was told there was a possi- turned to the Navy without the threat Francisco and then across the Pacific Ocean. bility he would not have to go back out to of combat looming over him. ‘‘For 32 days I did not see land,’’ Young re- sea but would have shore duty. The New York base was turned into a USN Personnel Although the war was over, Mr. calls. I wanted to be out there,’’ Young said. Separation Center, and Young remained on Young still had time in the Navy to ‘‘But I got seasick on the first ship.’’ He re- land. complete, so when he heard about an members a gunner mate telling him he had a While Young was finishing his tour of duty opening in the Naval Barber Shop, he sure cure for seasickness. ‘‘They called us all in New York, he attended barber school. ‘‘An applied. He got the job, and cut hair Mack,’’ he said. ‘‘He said to me, ‘Mack, go announcement came over the loudspeakers during the days while attending barber lay down under a big shade tree,’ but where that barbers were needed for 12 chairs at the school in the evenings. He enjoyed it so would you find a shade tree out in the Navy barber shop, and I applied,’’ Young stated. ‘‘On the ships, we didn’t have any much that when he returned to Perry ocean?’’ The Joseph Gale and crew members sailed barbers so we cut each other’s hair. I enjoyed County on August 8, 1946, he continued to the South Pacific and dropped off supplies it.’’ While working mornings in the barber to wield the scissors in the Common- at various ports New Caledonia, Loyalty Is- shop, Young attended barber school in the wealth. lands, Solomon Island, and New Guinea. afternoons and evenings. The Navy offered Martin Young the After crossing the Pacific, Young and his On Aug. 8, 1946, just a few weeks short of journey of a lifetime. He traveled shipmates returned to South America four years since his enlistment, Young was around the world more than once and Antofagasta and Tocopilla, Chili,’’ he said. discharged from the U.S. Navy. He returned had the opportunity to port in breath- From South America, the crew sailed back to his native eastern Kentucky home, went to the States, docking in Charleston, S.C. to Frankfort, took and successfully passed taking and beautiful locations on sev- There they boarded a destroyer escort also the State Barber Board examination, and re- eral continents. used to transport supplies. ceived his barber’s license. Now retired, Martin Young enjoys For a short time the crew sailed the waves While serving in the U.S. Navy, Young re- the finer things in life, such as spend- of the Caribbean Sea. ‘‘The Caribbean Sea ceived several medals the Good Conduct

VerDate Mar 15 2010 05:33 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.031 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2318 CONGRESSIONAL RECORD — SENATE April 16, 2012 Medal, the American Theater Medal, the Eu- sleep soundly at night and know that Pfc. Mason said he had been waiting to be ropean Theater Medal, the Asiatic Pacific our freedoms and liberties will always able to go on a mission with his father, as Medal, the Philippine Liberation Medal, and be protected. not many people can say that they have done the Victory Medal. Master Sergeant Mason and his son that. After the mission, Master Sgt. Mason Three years after being discharged, he had only good things to say. married Lela Baker of Hazard, and for 20 Private First Class Mason deserve a ‘‘Things went very smooth,’’ he said. ‘‘The years he lived and cut hair in his hometown. great deal of recognition, just as all convoy escort team knew their jobs very In 1965, Young, his wife, Lela, and two chil- those in military service do, for what well and were professional every step of the dren, David and Judy, moved to the Sub- they have done to protect the citizens way. Being out with my son was the chance limity area of Laurel County. In 1995, his of their community, the great State of of a lifetime. It was very strange to see him wife passed away, and today Young’s family Kentucky, and our great country of the doing his job, being in control. But in the includes son David and wife, Lillie; daughter, United States of America. same sense, I was very proud.’’ Judy Smith and husband, G.J.; three grand- Mr. President, I would like to ask my f children, David Ryan Young, Cameron Jus- tin Smith, and Trey Jordan Smith; and one colleagues in the Senate to join me in TRIBUTE TO FIRST CLASS great-grandson, David Rylan Young. recognizing the hard work, dedication, SEAMAN JAMES FRANCIS Young retired from the swivel chair and and sacrifice of MSG Micah B. Mason Mr. MCCONNELL. Mr. President, scissors several years ago, but his hands do and his son, PFC Micah J. Mason. not remain idle he makes wood-crafted items There was recently an article printed today I wish to pay tribute to an excep- and plays several musical instruments. This in Whitley County, Kentucky’s local tional veteran of the United States talent got him an appearance in 1947 on the newspaper, The Times-Tribune, which Navy who wore the uniform during first official broadcast of the Hazard radio highlighted the outstanding service of World War II, First Class Seaman station. this father and son duo who have so James Francis of Laurel County, KY. Today, not in good health, like most World James was born in Monroe County, War II veterans, Young spends his days remi- graciously contributed to our Nation’s defense throughout the years. Mr. KY, in 1924. His family lived on a farm niscing and visiting with family and friends where they raised just about every- who stop by Laurel Heights Home for the El- President, I ask unanimous consent derly. that said article be printed in the thing they ate. The family moved to Indiana in 1937 when James’ father got f RECORD. a job working for the railroad. James TRIBUTE TO MASTER SERGEANT There being no objection, the mate- rial was ordered to be printed in the was drafted into the Navy in 1941, on MICAH B. MASON AND PRIVATE his 19th birthday. RECORD as follows: FIRST CLASS MICAH J. MASON Although James never entered com- [From the Times-Tribune, Oct. 12, 2011] Mr. MCCONNELL. Mr. President, bat, he was an intricate part of the war FATHER AND SON TEAM UP TO GO OUTSIDE effort in the South Pacific. He was sta- today I wish to pay tribute to a father THE WIRE tioned on a Merchant Marine ship that and son who are bravely serving in our (By Corbin, special to the Times-Tribune) Armed Forces simultaneously: MSG delivered ammunition to the soldiers As soldiers complete their pre-mission Micah B. Mason and his son, PFC who were on the front lines. After his checks and get everything loaded for trans- time aboard ship, James spent 18 Micah J. Mason, both of London, KY. port, it would seem the job of escorting sup- Master Sergeant Mason has served in ply trucks from Joint Base Balad to Contin- months in Hong Kong cutting hair at a the National Guard for 28 years. He gency Operating Site Mosul is just another G.I. barber shop. He was discharged in now has had the opportunity to see his mission for the soldiers of Delta Company, May 1946. son, Private First Class Mason, learn, 1st Battalion, 149th Infantry Regiment, 77th Mr. James Francis is most assuredly work, and grow in the same organiza- Sustainment Brigade, 310th Expeditionary deserving of commemoration for the tion that the elder Mason began his ca- Sustainment Command. sacrifices he made for each one of us However, a rare occasion has been marked, reer in almost three decades ago. and for our great Nation, as well as his not only in the 149th Infantry Regiment, but years of service to the betterment of Not only are the Mason men both in- in the military as a whole. A father and son volved in the same service branch, they are going out together on not only the same his community and to the Common- also served on the same mission, in the mission, but in the same truck. wealth of Kentucky. same truck. Master Sergeant Mason ‘‘It’s a unique experience for sure to actu- There was recently a feature article was excited to be given the opportunity ally be doing real-world missions with your published in the Sentinel Echo: Silver to work alongside his son in ‘‘real son as a gunner and seeing him in that at- Edition magazine in November 2011, world’’ missions. He feels that he is mosphere,’’ said Master Sgt. Micah B. highlighting the upstanding legacy of Mason, an assistant operations noncommis- Mr. James Francis and his commend- lucky to be able to experience a work sioned officer with Headquarters and Head- environment firsthand with his son in quarters Company, 149 Inf. Regt., a native of able dedication to our Nation’s Armed a way very few parents get the chance London. ‘‘It’s something very few parents Forces. to do. get to do. I’m excited to actually go on a Mr. President, it is my wish that my Private First Class Mason is excited mission and experience it first-hand with my colleagues in the United States Senate to be able to go on missions with his son. join me in honoring the loyalty and father. The 22-year-old didn’t know Master Sgt. Mason, 46, who served in the bravery shown by Kentucky’s own that his father was going to be on the Guard for over 28 years, usually watches con- James Francis. And I ask unanimous voy escort missions unfold as a shift battle consent that said article be printed in same truck as him until the day they NCO in charge of the 149th Inf. Regt.’s tac- deployed. He is overjoyed to show his tical operations center. However, the unit the RECORD. father the proficiency at which he does sent him on this mission as part of their on- There being no objection, the article his job on a day-to-day basis. going efforts to ensure everyone in the tac- was ordered to appear in the RECORD as There is obviously a certain level of tical operations center is able to see what follows: concern when deploying on a mission goes on first-hand during the missions they [From the Sentinel Echo, Nov. 2011] monitor on a daily basis. solo, and that level increases when NAVY SUPPLIER there are not one but two members of ‘‘I have a lot of concerns . . . if something does happen (on the mission),’’ said Master (By Carol Mills) the same family on a single mission. Sgt. Mason. ‘‘I’m glad I’m there with him, First Class Seaman James Francis was a Nonetheless, the two have expressed though.’’ Merchant Marine during World War II. that at the end of the day, they are Master Sgt. Mason said he’s only told two In time of war, the Merchant Marine is an glad they have each other for support. people back home about him and his son auxiliary to the Navy and delivers troops The resiliency and strength shown by doing this mission together and that and supplies for the military. these two individuals in such a tolling ‘‘they’re just in awe.’’ Francis went to Great Lakes Boot Camp in work environment is truly remarkable. ‘‘I didn’t know he was going, ’til I saw him Illinois, near North Chicago, and gunnery With men like the Masons serving in sitting out by the trucks,’’ said 22-year-old school in Gulf Port, Miss., and then went to Pfc. Micah J. Mason, a gunner with Delta California and caught a ship. our Armed Forces, we have little rea- Company, 1/149th Inf. Regt., also a native of ‘‘We were shipped out,’’ Francis said. ‘‘I son to doubt our military’s abilities. London. ‘‘It just makes me happy to actually went to the Philippines the first trip, came These men are true American heroes do something with him, to let him see what back to the States, and then went to Aus- who have given much so that we may I do on a day-to day basis.’’ tralia and the South Pacific for six months

VerDate Mar 15 2010 05:33 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.031 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2319 and then came back again. I served on a Mer- town, OH, at age 12. The pay he re- [From the Lexington Herald-Leader, Apr. 1, chant Marine ship. We didn’t do any fight- ceived was usually 25 cents for working 2012] ing. We took a load of ammunition to the an entire 18-hole game. He picked up a AT ALMOST 100, BILL SANTOR LOOKS BACK ON Philippines, 150 tons, unloaded it, and the few spare clubs here and there and HIS COLORFUL LIFE IN GOLF Japanese blew it up that night. We took sup- (By Mike Fields) plies to other countries, but I can’t remem- began playing himself at the age of 15. To Mark Twain, golf was a good walk ber. It’s been 65 years since I got out. I Bill quickly found that he was a nat- spoiled, but to Bill Santor, who will mark stayed in Hong Kong, China, cutting hair for ural-born golfer, and he began playing his 100th birthday on Easter Sunday, golf has 18 months in a G.I. barber shop before I came in and winning local tournaments. been and still is a wonderful life lived. home. I didn’t have enough points to get out ‘‘It’s given me so much,’’ Santor said. (Navy).’’ Navy training counts for retire- When World War II began Bill en- ‘‘Great experiences and great memories.’’ ment points, so Francis decided to learn how listed, but he never ceased to play golf. Like when he competed against Byron Nel- to cut hair. He was stationed at Fort Knox, close to son in the Kentucky Open. Or when he Besides ammunition, Francis also deliv- the Lindsey Golf Course, where Bill played nine holes with Bob Hope during ered airplane fuel to the Philippines. World War II. Or when he teed it up in the Francis was discharged in May 1946. His ex- would eventually play against Byron same tournament as Babe Ruth. Or when he perience in the Navy was all good. Nelson, winner of two Masters, a U.S. made two holes-in-one in a two-week period ‘‘There was no bad. I won’t take nothing Open, and a PGA, in the Kentucky at age 87. for what I seen went on, but I wouldn’t go do Open in 1943. Although Bill didn’t win In his prime, Santor was one of the best it again.’’ the tournament that year, just being amateurs in Ohio. He passed the golf gene on Francis, 86, was born in Monroe County in able to participate is one of Bill’s to his children. His son, Tom, played at the 1924 to Herman and Maye Francis. His father University of Kentucky. His daughter, had a farm between Tomkinsville and Mud fondest memories to this day. Patty, played at Bowling Green State and is Lick. Not long after the Open, Bill was de- ‘‘We raised about everything we ate,’’ now a teaching pro in Florida. ployed to Europe, but again he found Bill Santor still plays golf a couple times Francis said. The family moved to Indiana in 1937, where himself in close proximity with the a week at Griffin Gate, where he’s lived since his father got a job working for the L&N game he loved so dearly. Bill worked 1991 with his wife of 72 years, Nettie. His legs are failing him, and so is his eye- Railroad. maintaining a golf course on the When Francis was 19, he was drafted into sight, but Santor is still capable of scoring Czechoslovakia-Germany border. Mili- well. Just last week, he carded a 42 for nine the U.S. Navy on Dec. 2, 1941, on his birth- tary officers would come to the course day. Two or three years after he was dis- holes. when they were on leave to play, relax, He has shot his age so many times that he charged, he married Irene Barton when he laughs off the accomplishment as if it were a was 27 or 28. and enjoy their time off. One of the ‘‘She was a Kentucky woman. I met her in visitors was Bob Hope, with whom Bill tap-in putt. ‘‘It’s crazy,’’ his son Tom said when asked Indiana,’’ Francis said. ‘‘We moved back had the opportunity to play nine holes. about his dad’s knack for still hitting the down here in 1966. She was born and raised in All these years later, Bill will be the sweet spot. Corbin. When she died, I married Lola Boggs. first to tell you he won that game. ‘‘He’s a freak show.’’ I’ve been a widower for about two years now. When Bill returned home after the Patty Driapsa, who works at the Club Peli- When she (Lola) died, I moved to Carnaby can Bay in Naples, Fla., said she finds it ‘‘in- Square Apartments. I’m too old to get mar- war, golf was a big part of his family credible’’ how solid her father still hits the ried again.’’ and work life. His wife Nettie remem- ball. ‘‘He has a little trouble maneuvering in f bers most of their family vacations and out of the cart, but hey, at 100 years old, TRIBUTE TO WILLIAM A. SANTOR were to golf destinations, where the you’d expect to have a few challenges.’’ whole family would play. Bill worked Bill Santor’s introduction to golf came Mr. MCCONNELL. Mr. President, I when he began caddying as a 12-year-old in for a business equipment company for stand before you today to pay tribute Youngstown, Ohio. He earned 25 cents for 18 to a man who has been successful in almost 50 years and he spent a lot of holes. serving his country, in his career, and time with clients discussing business He got a few hand-me-down clubs and in building longlasting relationships over a game of golf. But Bill’s competi- started playing when he was 15. A natural athlete, he quickly found his groove and was with family and friends, all because he tive nature would never allow him to let a client win. winning area tournaments within a few has learned to incorporate his passion years. into all that he does: Mr. William To this day Bill tries to fit a round of He continued to caddy on occasion to earn ‘‘Bill’’ A. Santor of Lexington, KY. golf into his schedule every chance he entry-fee money for tournaments. One of his Bill Santor lives on the Griffin Gate gets, which is something he has done best gigs was looping for Ben Fairless, presi- golf course with his wife of 72 years, his whole entire life. Bill can drive a dent of U.S. Steel. Nettie. He tries to play golf at least ‘‘He’d give me $30 for expense money,’’ golf ball 175 yards, and he has a run- Santor said. ‘‘That was like $300 then.’’ twice a week, sometimes more. Mr. ning count of 10 holes-in-one to this In 1935, Santor played in a tournament in Santor turned 100 years old on Easter day. Bill’s children both agree that golf Cleveland and the field included Babe Ruth, Sunday of this year. Despite his age, he is what keeps their father going; it is the most famous athlete on the planet at the is a competitor through and through; something that he has built his life time. When World War II began, Santor enlisted he recently accumulated an aston- around. Golf has opened many doors for ishing score of 42 strokes after playing in the Army and was stationed at Fort Knox. Bill throughout his life, and for that he 9 holes. He was upset when he was told the post’s golf is grateful. course was mostly restricted to officers. But Mr. Santor truly loves the sport of It is my wish at this time that my Santor’s golf talent and gift of gab got him golf, so much, in fact, that he passed playing privileges. his knowledge of the game down to colleagues in the Senate join me in He was second low amateur in the 1943 both of his children as they were grow- celebrating the successful and still Kentucky Open, which was held on Fort ing up. Now they, too, have fit the very active life of Mr. William ‘‘Bill’’ Knox’s Lindsey Course. Byron Nelson, who game into their livelihoods in one way A. Santor. had already won four majors (two Masters, a U.S. Open, and a PGA), won that Kentucky or another. His son, Tom, played golf Mr. President, there was recently an in college at the University of Ken- Open. article published in the Lexington When Santor was shipped overseas during tucky, while his daughter, Patty newspaper the Herald-Leader. The arti- the war, he still played some golf. Driapsa, instructs professional golfers cle featured the legacy of Mr. Bill As a staff sergeant, he was part of a Third at the Club Pelican Bay in Naples, FL. Army team that won a military golf com- Santor and the love and passion he has Both children are not only amazed that petition in Paris in 1945. The spoils of vic- for his country, his State, his family, their father is still able to play the tory included an engraved gold watch that and the game of golf. I ask unanimous game but are also awestruck by how he’s worn for 65 years. consent that said article be printed in Part of Santor’s time in Europe was spent good he is. Despite his age, after a long the RECORD. running the golf course at a resort called lifetime of practice, he still has excep- Marienbad on the Czechoslovakia-Germany tional skill. There being no objection, the mate- border. It was where troops on leave would Bill was first exposed to the game rial was ordered to be printed in the go for rest and relaxation. And it was where when he began caddying in Youngs- RECORD as follows: Bob Hope visited during a USO trip.

VerDate Mar 15 2010 04:26 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.030 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2320 CONGRESSIONAL RECORD — SENATE April 16, 2012 ‘‘The manager came up to me one day and Storm, and Operation Iraqi Freedom. K.B. Johns, Ralph Spooner, Bill Hampton said, Billy, you’ve got to play with Bob Hope They may be from different genera- and Mauer the only living original member this afternoon.’ I said, What?!’ I went out tions, but they all share the same re- founded the first VFW Post 4075 color guard and played nine holes with him, and I beat spect for one another. Charlie Mauer is in the early 1950s. him,’’ Santor said. Within the next decade they were able to Before he returned home after the war, the only surviving original member of support a full honor guard, which takes at Santor got in a lot of golf at Marienbad. the troop; he is 85 years old. least 11 members: two flag folders, seven ri- ‘‘I played every weekend with a captain, a Mr. Mauer is joined by three other flemen, one bugler and one leader. colonel and a general, and here I was a staff World War II veterans: Mr. Burnett Na- Four of the current members are World sergeant,’’ he said. pier fought with the U.S. Marines in War II veterans, and the rest served in Viet- ‘‘They gave me the colonel for a partner, the Battle of Peleliu in the Pacific nam, Korea, Desert Storm and Operation and he couldn’t hit a bull in the ass with a Theater at the age of 19. He is now 87 Iraqi Freedom. They are from different gen- erations, but the men say they share the handful of gravel. I’d have to take out $6 years old, and he is the recipient of the every time we played.’’ same respect for each other. Golf was also an integral part of Santor’s Purple Heart and the Silver Star, two ‘‘We’ve got a good bunch of guys,’’ Mauer civilian life. of the highest honors awarded by the said. Patty remembers that family vacations U.S. military. Mr. Charlie Hinds, who Mauer, a World War II veteran, says serv- were usually golf destinations. Nettie also is 88 years old, served as a scout for ing the community and paying tribute to played in those days, so there was a family GEN George Patton for 2 years. He en- Frankfort veterans is something he’s glad to foursome. listed in the Army at age 18. The do. And because he grew up in Frankfort, he knows many of those who’ve died, which Bill worked for a business equipment com- youngest of the WWII veterans at age pany for almost 50 years, and he did his share makes the job more important to him. of schmoozing on the golf course. Ever the 84 is Jim Wolcott. He was stationed in Several days after the call comes in, Mauer competitor, however, he never lost to a cli- Europe from 1944 to 1947. arrives at the post ready to greet the other ent on purpose. According to Charlie Mauer, the members and prepare the equipment. ‘‘One guy asked me if I played customer honor guard is ‘‘a great bunch of guys.’’ ‘‘We don’t get paid,’’ says World War II golf.’ I said no, and I threw a 68 at him,’’ The men have conducted ceremonies veteran Jim Wolcott, ‘‘other than a free Santor said, laughing. for hundreds of funerals throughout lunch and a beer.’’ While luck is a factor in getting a hole-in- The men arrive wearing dark-blue uni- the program’s lifetime and expected forms decorated with gold cords, white one, there’s skill involved, too, especially nothing in return. They are driven by when you’ve had 10, Santor’s running total. gloves and polished black shoes. In 1999, he aced the par-3 fourth hole at Grif- compassion for their fellow servicemen They shuffle into the game room of the fin Gate on May 3, and aced it again on May who have gone on and their families VFW where the rifles are stored in a locked 14. who are left behind with only the cabinet. After they are prepared to leave for the fu- New technology in golf clubs and balls has memories of their loved one. The men neral service, the group stands in the door- helped Santor stay in the swing of things are honored to get the chance to pay way teasing each other about their weight after 85 years in the game. His odd-looking tribute to Frankfort veterans who have and asking the kitchen crew what’s for interlocking grip his left thumb is tucked passed away. When asked, all of the lunch. under the club still allows for a smooth men say that they plan to stay in- There’s no need for practice or rehearsal; stroke that can send a drive 175 yards. each man knows his role because the group ‘‘I can’t swing too hard, but I can still hit volved in the honor guard as long as they are able to. has done it so often. it OK,’’ Santor says proudly. The group has attended as many as three Patty Driapsa said golf ‘‘is basically what It is inspiring to witness others who funerals in one day, Mauer says, but the keeps my dad going. It’s the world he lives truly receive joy and satisfaction from number is usually several per month. Over in. It’s been a game of a lifetime for him, helping their fellow man. The men of the years, they have provided services for that’s for sure.’’ Frankfort’s VFW Post 4075 honor guard hundreds of funerals. Tom Santor, who lives in Columbus, Ohio, will sometimes perform at as many as The men have braved every kind of weath- said golf has been ‘‘one of the cornerstones’’ three funerals a day, all for free. These er for funerals, and this morning is chilly of his father’s life ‘‘his family life, his busi- men have all been involved in historic and rainy. Luckily, they’ve heard the sky ness life, his social life. When he’s on a golf will clear before the service starts. course, wherever that might be, he feels like battles throughout our Nation’s his- tory, and they have served their coun- The 11 men divide into separate vehicles he’s home. and make their way up East Main Street to ‘‘I think that’s where he’s most at peace.’’ try valiantly. And although they have Frankfort Cemetery. And still fairly close to par. already given so much, they are still As they wait for the family to arrive at the f far from done giving back to their com- cemetery’s chapel, Charlie Hinds asks Bur- munity, State, and country. nett Napier, ‘‘What are you doing lately?’’ TRIBUTE TO VETERANS OF FOR- Mr. President, at this time I ask that ‘‘As little as possible,’’ Napier jokes. EIGN WARS POST 4075 HONOR my fellow colleagues in the Senate join Both Napier and Hinds are World War II GUARD combat veterans—Napier in the Marines and me in recognizing the valiant dedica- Hinds in the Army. Mr. MCCONNELL. Mr. President, I tion to service shown by these brave By 19, Napier was fighting in one of the rise today to pay tribute to a group of individuals. There was recently an arti- Marine’s deadliest battles in the Pacific on individuals who have been working to cle published in the Lexington Herald- Peleliu Island with the 1st Marine Division. make a difference in the lives of local Leader that featured Frankfort’s Vet- It was September 1944 when Napier ended veterans in their community for over erans of Foreign Wars Office Post 4075. up on the coral island fighting against the 60 years. The honor guard of Frankfort, Mr. President, I ask unanimous con- Empire of Japan. He was a corpsman, or medic, when he ran to the side of a fallen Kentucky’s Veterans of Foreign Wars sent that said article be printed in the Office Post 4075 has been providing an Marine, performed first aid on the man under RECORD. machine-gun fire before carrying him to official military funeral ceremony for There being no objection, the mate- safety. local veterans in the central Kentucky rial was ordered to be printed in the Shrapnel hit him later in the same battle, area since the 1950s. RECORD as follows: and he suffered a concussion. Veterans K.B. Johns, Ralph Spooner, [From the Lexington Herald-Leader, Mar. 26, Napier, an honor guard member for 15 Bill Hampton, and Charlie Mauer 2012] years, received the Purple Heart and the Sil- ver Star while in combat on the island, founded the first VFW Post 4075 color FRANKFORT VFW’S HONOR GUARD MEMBERS which is present day Palau Islands. FEEL PRIVILEGED TO SERVE guard over 60 years ago. The men ‘‘They didn’t stay in one place for too long. worked together to increase the size of (By Kayleigh Zyskowski) I was all over the Pacific,’’ he said. the color guard over the next decade When the phone rings at the Frankfort ‘‘According to the citation, a Marine was into a full honor guard with 11 mem- Veterans of Foreign Wars Post on Second caught in crossfire with machine guns, and, bers: 2 flag folders, 7 riflemen, 1 bugler, Street, 85-year-old Charlie Mauer answers it. according to the citation, I administered and 1 leader. The honor guard takes On the other end is not a question about first aid under fire and carried him back to any and all requests to play at a fellow the day’s soups or the next bingo night, but relative safety,’’ Napier said. a request for the VFW Post 4075 honor guard Charlie Hinds, 88, has been a member of the serviceman’s funeral, free of charge. to pay final respects to a fellow veteran. honor guard for about 16 years. The honor guard is made up of vet- It’s a call Mauer, honor guard commander, He served in seven campaigns and was an erans from World War II, the Vietnam has been answering for years, and he’s hon- Army scout for General George Patton for war, the Korean war, Operation Desert ored to take it. two years.

VerDate Mar 15 2010 04:26 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.026 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2321 ‘‘He wasn’t a really nice guy; he wouldn’t him to take an interest in the local Af- Mays always wanted to be a Marine. When ever come up and want to know about you ghan children. David felt that inter- Mays was in fourth grade at Cold Hill Ele- personally,’’ Hinds said about Patton. ‘‘He acting with the children helped him to mentary, his class received a visit from a just wanted to tell you what to do, but he not miss his own son as much. U.S. Marine, a pilot shot down behind enemy was a good general.’’ lines and a Kentucky native. The Marine’s Hinds and his brother enlisted after grad- David missed his boy back home ter- recollection of brotherhood and camaraderie uating from high school because his father ribly, but he would play with the Af- influenced Mays in more ways than just por- didn’t have enough money to send him to ghan children and buy them gifts. In traying an intriguing narrative. school. He was 18 years old. turn, the children would offer David ‘‘It was like a family away from your own ‘‘With about two weeks left in the war, I and his fellow marines fruit as a token family, and I’d get to see the world and meet was the only (one) left in my platoon,’’ Hinds of their gratitude. The kinship David people,’’ Mays said. said. and his men built with the local chil- He and a group of friends enlisted in the Marines their senior year of high school at 18 Family members of the deceased begin to dren was the foundation of a successful arrive at Frankfort Cemetery. Vince LaFon- years old. They knew they may not be placed taine—who has played in hundreds of Frank- relationship with the local Afghan in the same company throughout their serv- fort funerals since he was a teenager—warms tribe leaders. ice, but they all had the same objective. up with scales, and the men take their posi- During his time overseas, David had ‘‘We all had one thing on our minds: to be- tions. limited contact with his family in Ken- come Marines together,’’ Mays said. The weather predictions were correct. The tucky, but his mother, Wanda Caudill, The objective of the Marines within the Helmand Province was to win the hearts and sky clears, the sun comes out and the air sent letters and care packages as fre- warms in time for the ceremony to begin. minds of the Afghans. With the British re- quently as possible. She would also cently vacating the country, Afghans were Mauer stands in the doorway of the ceme- send photos of Landon. The gifts from tery chapel where about 15 members of the apprehensive about the Marines’ arrival. Tribe leaders would only converse with deceased veteran’s family sits. He signals the home and the relationships David made Marine commanders. They’d offer tips about riflemen after the flag is precisely folded. with the local people, local children, the Taliban’s whereabouts and when they ‘‘Ten-hut,’’ he says sternly. and fellow marines all helped to con- were arriving in the area. The Taliban had a The seven riflemen fire three shots that sole him until he finally returned home reputation for entering into towns at night. echo over the cliff and around South Frank- just before Christmas in 2010. Mays and his squad of four would respond fort before silence takes over, and the bugler It had been almost a year since David to the information given and perform night plays ‘‘Taps.’’ had seen his son Landon, who was only operations to keep watch over a town. Walk- ‘‘I’ve heard Taps’ over a thousand times it 2 days old at their last meeting, There ing 20 miles and back again to keep watch seems, but it’s always emotional for me,’’ was no way that the little boy could for suspicious travelers was a frequent and Wolcott says back at the VFW over a lunch meticulous task. of beef stew and corn bread. have remembered his father’s presence. But when David first saw his son ‘‘We did what we had to do. We were doing Mauer says he never gets used to hearing our job protecting each other,’’ Mays said, ‘‘Taps’’ played, either. Landon at the airport that December, ‘‘just like anybody around here will protect ‘‘There’s something about Taps’; it hits an Landon reached for him as if he had their family.’’ emotion you can’t really describe,’’ he says. never left and kissed him three times. Contact with family via satellite while in Wolcott, who at 84 takes claim as the David has since joined the London- Afghanistan was few and far between, but youngest of the four honor guard World War Laurel County Rescue Squad and Lon- they received mail often. Mays’s mother, II veterans, was stationed in Europe from don Fire Department. He is still in the Wanda Caudill, sent a letter every chance 1944 to 1947. Marines Active Reserve, but he plans she got, and many care packages. The four men sit at the circular table over ‘‘She sent me newspapers and I knew ex- lunch for about an hour before they decide to stay as involved as he can in his 2- actly what was going on in London,’’ he said. they need to get home. They agree their year-old son’s life. David decided that Caudill also sent photos of Mays’s son so health will decide when it’s time to hang up missing 1 year of his son’s life is he wouldn’t feel as if he was missing out on their duties with the honor guard. enough, and he is not missing any his child’s life. Away from his own child, ‘‘When you become our age you don’t look more. Mays often thought about the children in Af- ahead too far,’’ Napier said. Mr. President, an article appeared in ghanistan. ‘‘We’d give the kids rides on our shoulders, ‘‘We go day by day, but we’ll be here as the Laurel County publication the Sen- long as we can.’’ and we’d buy them stuff,’’ Mays said. tinel-Echo: Silver Edition in November The Afghan boys would offer fruit to the f 2011 that profiled the upstanding char- Marines and even allowed them to partici- TRIBUTE TO LANCE CORPORAL acter of LCpl David Mays. I ask unani- pate in their Muslim holiday of Ramadan. As the sun set, the day of fasting would cease DAVID MAYS mous consent that said article be printed in the RECORD. and they would enter in an evening feast. Mr. MCCONNELL. Mr. President, I There being no objection, the mate- They had offered a goat for slaughter to the stand before you today to commend rial was ordered to be printed in the men, and taught them how to give it a death and pay tribute to a Kentuckian who without suffering. RECORD as follows: ‘‘I think it made me think about when my spent time with the Marines serving in [From the Sentinel Echo, Nov. 2011] son was going to get that age, and didn’t Afghanistan in 2009. Although he was FINDING FAMILY FAR FROM HOME make me miss him as much. But, of course, far from home and a visitor in a foreign (By Magen McCrarey) I missed him because he was my boy,’’ Mays land, LCpl David Mays of London, KY, said. treated the Afghan people with the ut- He left his first-born son, Landon, at the After days of patrolling a foreign country, most respect, proving that he exempli- hospital in May of 2009, born two days before battling an unseen enemy, and losing men his second deployment. David Mays, a lance that were a part of his family away from fied the characteristics the U.S. Marine corporal of the 1st Battalion, Fifth Marines, Corps upholds: character, compassion, home, Mays returned to his own. Days before hoped to take Landon home for a warm wel- Christmas 2010, Mays arrived at the Louis- honor, courage, and the integrity to al- come; instead he arrived in Afghanistan with ville airport greeting his family with one ways do what is right. Lance Corporal one of his own. gripping hug after another, saving his son for Mays enlisted during his senior year of ‘‘As we landed we heard bullets ricocheting last. high school at the age of 18. off the helicopter,’’ Mays said. ‘‘We were ‘‘I was scared he was going to cry and not In May of 2009, just 2 days before his there, and there was no turning back.’’ recognize me,’’ Mays said. The sweltering desert heat was in excess of second deployment with the Marines, But Landon came right to him as if he 115 degrees as Mays and his squad walked never missed a beat. He reached for Mays David’s firstborn son, Landon, came three days with more than 100 pounds and kissed him three times. into the world. David left for Afghani- strapped to their backs heading towards ‘‘My mom started crying and said, ‘He stan before his newborn son was able to Helmand Province. Their compound was far never kissed nobody,’ Mays recalled. ‘‘It was leave the hospital in London. Although off from any city and water was limited. like I was gone only a minute or so.’’ David was greatly saddened about hav- With a shovel-like tool in hand, Mays After returning from deployment, Mays ing to leave his baby boy behind, he began digging a hole for his bed and covered has learned to appreciate the small things in proudly answered the call of duty, and it with a tarp. life and take advantage of every opportunity ‘‘Everybody dug their own hole, scattered, to serve the public, he said. He’s joined the for the second time David returned to in case we got attacked by mortars,’’ Mays London-Laurel County Rescue Squad and the Middle East. However, this time said. ‘‘I told my buddy if we’re worried about London Fire Department. Mays has com- around, David was a different man: he mortars, we dug our graves right here so it pleted four years of active duty in the Ma- was a father now. Fatherhood caused don’t matter.’’ rines and is currently in the four-year active

VerDate Mar 15 2010 04:26 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.027 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2322 CONGRESSIONAL RECORD — SENATE April 16, 2012 reserve program. He said if he didn’t have his you. He’ll get you everything and then ‘‘He’s the type that if you needed anything son before he began active duty, he would some.’’ done, he always found a way to get it done have made a career out of the Marines. Charles Hayes exemplifies every when everyone else couldn’t,’’ he said. ‘‘He ‘‘I decided one year’s enough,’’ Mays said. characteristic of a successful member was the ultimate scrounger. I would say he ‘‘I’m not missing any more of his life.’’ of our Nation’s Armed Forces. His dedi- was a very talented individual. Charlie al- Landon is now two years old. ways knew how to get everything when no- cation and service to our great country body else could. If you go to war, he’s the f over 24 years will most certainly not go one you want to go with you. He’ll get you TRIBUTE TO MASTER SERGEANT unnoticed and is the very cause of my everything you need and then some. He just standing here today. It is my wish that CHARLES HAYES knew how to use all the various avenues. I my colleagues in the Senate join me in was quite happy to have him in my com- Mr. MCCONNELL. Mr. President, I commemorating MSgt Charles Hayes mand.’’ rise today in honor of MSgt Charles at this time. From 1990 through 1996, he was assigned Hayes of London, KY. Master Sergeant There was an article published in the additional duty of squadron safety non- Hayes served in the U.S. Air Force commissioned officer. During his tenure as Laurel County’s local news magazine, safety NCO, his unit received a Best Explo- from 1972 to 1996, and was involved in the Sentinel-Echo: Silver Edition, in sives Safety Program Award from both the both the Vietnam and gulf wars. Hayes November of 2011. The article high- command and USAF as well as a Best Small volunteered to join at age 21 and con- lighted Charles Hayes and the out- Unit (under 600 personnel) Safety Program tinued to be a volunteer for the dura- standing dedication he has shown Award. He also received a Best Additional tion of his two-decade stint in the mili- throughout the years in his involve- Duty Safety NCO Award. tary. ment with the U.S. military. Mr. Presi- Hayes also liked associating with other pa- dent, I ask unanimous consent that triots. During Hayes’s extended period of ‘‘When situations got tough, everyone got time in the Air Force, he had the op- said article be printed in the RECORD. tougher,’’ he said. ‘‘We all regarded a chal- portunity to visit a variety of foreign There being no objection, the mate- lenge as something to overcome, not some- countries, including Germany, Turkey, rial was ordered to be printed in the thing to shy away from. Esprit de corps was and Thailand, just to name a few. RECORD, as follows: highest when things were toughest. I served Hayes enjoyed every aspect that went [From the Sentinel-Echo: Silver Edition, with some of the best people in the world.’’ along with being a part of the Armed Nov. 2011] Hayes enjoyed the opportunities the Air Force had to offer. ‘‘I always held the atti- Forces. He flourished as a member of A PART OF HISTORY (By Carol Mills) tude that I was stationed in the best section the U.S. Air Force in more ways than of the best squadron on the best Air Force Master Sergeant Charles Hayes, a Vietnam one. base in the United States. I learned that edu- and Gulf War veteran, volunteered to join What Hayes enjoyed most about the cation was the least expensive hobby a per- the United States Air Force when he was 21, service was experiencing history in the serving from 1972 to 1996. He worked for 12 son could have and completed a master’s in making. Hayes remembers partici- years in security police and 12 years in com- education before I retired.’’ During his service he traveled throughout pating in the evacuation of Saigon, puters. What Hayes liked most about his 24 years the British Isles, France, Germany, Luxem- South Vietnam, in April 1975. It was a bourg, Belgium, Turkey, Thailand, and sev- mission in which Hayes and his team of service was being a part of history. ‘‘While my part was very small, the unit I eral other countries to a lesser degree, and were given the objective of recovering was assigned to (56 SPS, Nakhon Phanom has driven through every state except Maine, an American merchant ship that had RTAF, Thailand) was responsible for assist- New Hampshire and Vermont. He has also been pirated by the Khmer Rouge navy. ing in the evacuation of Saigon, South Viet- been to Alaska and Hawaii during his serv- The ship was successfully recovered on nam, and Phenom Phen, Cambodia, in April ice. May 13, 1975, and Hayes was an instru- 1975,’’ 60-year-old Hayes said. ‘‘We were part Before Hayes had lived in London, Ky., for of the recovery of the American merchant five months, he had spent more time in Lon- mental part of the operation, one that don, England, than in London, Ky. many of us remember paying close at- ship, Mayaguez, which had been pirated by the Khmer Rouge Navy. I lost 18 buddies on f tention to while back home in the May 13, 1975, during the operation.’’ States. During the 1991 Gulf War, his unit (608 2012 NATIONAL DAYS OF Hayes also enjoyed the Air Force be- APS, Ramstein AFB, Ramstein, Germany) REMEMBRANCE cause it inspired its members to show was responsible for shipping all munitions to Mr. BLUMENTHAL. Mr. President, initiative. In 1987, Charles was assigned the air bases in the desert, as well as thou- today I wish to pay my respects to the public affairs duties for his section. He sands of tons of other supplies. ‘‘I remember looking at what seemed to be victims, survivors, and heroes of the remembers how difficult and ‘‘utterly miles of pallets and wondering when we Holocaust. April 19, 2012, marks Holo- impossible’’ the men told him it was to would get them all shipped down range.’’ caust Remembrance Day, which is ob- get an article published in the base After the Gulf War, Hayes’s unit was kept served during a week-long memorial, newspaper. Hayes took on the chal- busy supporting United Nations’ humani- the National Days of Remembrance, lenge of getting a story published head tarian missions in Eastern Europe and Afri- created by Congress in 1980 and led by ca. In 1992, one of Russia’s largest cargo on, and that year he had 37 articles and the U.S. Holocaust Memorial Museum. 17 pictures with captions published in planes arrived at Ramstein AFB to receive donations. He was in charge of ground safety Through this year’s theme, ‘‘Choosing the newspaper. while his unit loaded the plane. to Act: Stories of Rescue,’’ we remem- Lt. Col. Richard Vaught recalls that ‘‘We weren’t able to use forklifts because ber the courageous men, women, and Hayes was one of the best sergeants he the plane wasn’t configured for them. Be- children who stood up and saved lives, has ever commanded. It wasn’t unusual cause I was all over the operation, the at grave risk and sometimes deadly for those who worked with Hayes to plane’s crew must have figured I was a big consequences to themselves. On the an- speak highly of him. While serving as wheel of some kind and gave me three cases of Russian vodka.’’ niversary of the Warsaw ghetto upris- the squadron safety noncommissioned Hayes also liked the Air Force because it ing and the liberation of European con- officer from 1990 to 1996, Hayes’s unit allowed him to show initiative. centration camps, we honor all who received numerous honors and awards, ‘‘While sometimes routine duties were a embraced their own humanity to save including Best Small Unit Safety Pro- little mundane, additional duties allowed others, abandoning self-interest for gram Award and Best Additional Duty personnel an opportunity to show initiative. selfless bravery. Safety NCO Award. In 1987, I was assigned public affairs duties This week of commemoration that for my section. I was told that it was almost Many different attributes have been ‘impossible’ to get an article printed in the spans Sunday, April 15 to Sunday, used to describe Charles Hayes over the base newspaper and utterly ‘impossible’ to April 22, is deeply personal. My father years. Talented, ambitious, reliable, get an article published anywhere else.’’ came to this country in 1935 to escape and persevering are just a few of the That year, Hayes had 37 articles and 17 pic- persecution. Speaking barely any countless positive references of the tures with captions published in the base English, he set down my family’s roots master sergeant. Lieutenant Colonel newspaper. Two articles were published in with very little but memories of loved Vaught is recorded as saying, ‘‘Charlie command-level publications and two in a local newspaper. ones who had perished in the Holocaust always knew how to get everything Lt. Col. Richard Vaught said Hayes was and faith in the American dream. when nobody else could. If you go to one of the best master sergeants he ever The Days of Remembrance is a living war, he’s the one you want to go with commanded. memorial, altered by every citizen who

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Like Senator MIKULSKI, I am ∑ communities held each other tightly. humbled and driven by the legacy of Mrs. BOXER. Mr. President, today I Each year, we come together at a na- members of my family who emigrated salute the life and achievements of Bea tional ceremony in the Capitol Ro- from Europe, striving for the American Abrams Cohen, who at 102 years old is tunda, but this collective power is also dream with a strong work ethic and a California’s oldest living woman vet- felt through smaller groups, including firm belief in progress. I am especially eran. Still active in veterans and com- State and local governments, civic or- drawn to Senator MIKULSKI’s deter- munity affairs, Mrs. Cohen was re- ganizations, places of worship, schools, mination to fight for her constituents cently the guest of honor at a Cali- offices, and military bases. and her deep sense of caring. She is an fornia Department of Veterans Affairs, Organizations such as the Holocaust excellent role model for women and CalVet, reception honoring the Child Survivors of Connecticut docu- girls around the globe—and for anyone, achievements of women in the military ment the personal histories of living whether a freshman Senator such as during Women’s Military History survivors—children of the Holocaust. myself or a veteran legislator—devoted Week. Sadly, as time goes on, our future gen- to a life of public service. As CalVet noted, ‘‘Women have con- erations will not have the privilege of I am proud to work with Senator MI- tributed to the rich military history of hearing from them. We must work to KULSKI on the Committee on Health, our country even before they were offi- perpetuate their messages beyond Education, Labor, and Pensions, join- cially allowed to serve. The first words. We must teach our Nation’s ing her, for example, as a cosponsor of known American woman soldier was children the lessons we have learned— her Paycheck Fairness Act to continue Deborah Sampson of Massachusetts about human betrayal, war crimes, and the civil rights debate that started dec- who, disguised as a man, served in the genocide, about heroes, hope, and ades ago and is unfortunately still un- Revolutionary War. Throughout the honor—through our own activism. resolved. We must, once and for all, se- history of our country, women have This Wednesday, the Holocaust Me- cure protections for women in the consistently shown themselves as dedi- morial Museum is awarding Aung San workforce, reaching pay equity and cated patriots, willing to put their Suu Kyi the Elie Wiesel Award at their ending all instances of sex discrimina- lives on the line in order to protect our 2012 National Tribute Dinner for ‘‘her tion. nation and the freedoms of our people.’’ exceptional courage in resisting tyr- I respect Senator MIKULSKI’s efforts The life of Bea Cohen is a living tes- anny and advancing the dignity and to reduce costs while furthering inno- tament to the incredible contributions freedom of the Burmese people.’’ By vation and am a strong supporter of our service women make each and honoring a woman who is a living hero her focus on research and drug develop- every day. Born in Romania in 1910, for victims of a present-day dictator- ment for chronic conditions, as laid out Bea Abrams came to America through ship, the Holocaust Memorial Museum in her SPRINT Act. Her advocacy for Ellis Island in 1920 with her mother, seamlessly unites history with the per- America’s seniors and success leading brother, and sister. When the United secutions of today to create a new immigration reform are equally inspir- States entered World War II, Bea space of memory and action for genera- ing, and I am proud to be a cosponsor vowed to do all she could to help her tions to come. of her Visa Waiver Program Enhanced adopted country. She went to school to As we soberly recall those who were Security and Reform Act. learn the machinist trade and then not rescued, we can remain hopeful I especially enjoyed partnering with worked at Douglas Aircraft Company through the memory of the rescuers— Senator MIKULSKI to advance the edu- in Santa Monica as a real-life Rosie the those who followed their heart, beliefs, cation we provide to our Nation’s stu- Riveter. or religion to help victims in desperate dents. We offered an amendment to- Though she loved this work, Bea need. This compassion is inspirational gether in the Elementary and Sec- wanted to do more. In 1942, at age 33, for me, and I hope for all those who ondary Education Act to increase fund- she joined the Women’s Army Auxil- witness human suffering and confront ing and research to meet the unique iary Corps, WAAC, turning down a sal- feelings of helplessness. As we gather needs of gifted and talented students. ary increase at Douglas. After going this week to remember, we are choos- Special recognition is past due for through basic training in Iowa, she did ing to be actively compassionate. Senator MIKULSKI, who makes the time administrative work for the WAAC in Memories of the Holocaust inspire us to recognize others, most recently Utah and Colorado. to live today and every day with kind- sponsoring S. Res. 310, designating 2012 By 1943, Bea took a second oath to ness, generosity, and an undying com- as ‘‘Year of the Girl’’ and congratu- become part of the new Women’s Army mitment to strengthening our bonds as lating the Girl Scouts for its centen- Corps, WAC, which unlike the WAAC human beings. nial. was now a part of the Regular Army. f Senator MIKULSKI has been an ex- She was soon shipped overseas. Cross- traordinary mentor and model for ing the Atlantic Ocean on a ship that TRIBUTE TO SENATOR BARBARA countless men and women who emulate zigzagged to avoid enemy submarines, MIKULSKI her dedication and drive, her commit- Bea arrived in England just in time for Mr. BLUMENTHAL. Mr. President, ment and common sense. She leads by D-day. There, she worked in Army today I join my fellow Senators in pay- her example, particularly for women headquarters producing documents and ing tribute to my dear colleague and who endeavor to hold public office. operating a low-cost printing machine friend Senator BARBARA MIKULSKI for When considering the opportunity to called a mimeograph. After 2 years of the tremendous landmark she has run, they can look to the legacy she service, Bea was honorably discharged reached as of March 17, 2012. She is now has built and the path she has traveled and returned to Los Angeles. the longest serving female Member of from social worker to city council In late 1945, Bea met Marine MSgt our Congress. But the number of years member to a national figure in the Ray Cohen through family friends. Ray is inadequate as a measure or metric. Halls of Congress. Cohen had served in the Pacific and More telling are her monumental ac- I look forward with pleasure and had been a prisoner of War on the Phil- complishments and record of success- pride to serving alongside Senator MI- ippine island of Corregidor for 31⁄2 fully tackling tough problems and KULSKI for years to come. I congratu- years. Bea and Ray were married the making a real difference in lives. Sen- late her on making history and giving following year and had two daughters, ator MIKULSKI is unquestionably one of her colleagues, fellow public servants, Janiece and Susan. Later, during the the most dedicated, inspiring, and in- constituents, and the American people Korean war, Ray was deployed for over

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For her 102nd birthday an adjournment of the House of Rep- and Senate resolutions were read, and party, Bea displayed her lifelong dedi- resentatives, without amendment. referred (or acted upon), as indicated: cation to troops by asking her guests The message also announced that, By Mr. BROWN of Ohio (for himself, to bring socks for veterans rather than pursuant to section 703(c) of the Public Mrs. HUTCHISON, Mr. INOUYE, Mrs. MURRAY, Mr. ALEXANDER, Mr. presents for herself. Bea has dedicated Interest Declassification Act of 2000 (50 TESTER, and Mr. BAUCUS): more than 70 years to providing sup- U.S.C. 435 note), the Minority Leader S. Res. 418. A resolution commending the port for American troops and their reappoints the Honorable David E. 80 brave men who became known as the families. She is an enduring reminder Skaggs of Longmont, Colorado, to the ‘‘Doolittle Tokyo Raiders’’ for outstanding of the contributions of this nation’s Public Interest Declassification Board. heroism, valor, skill, and service to the United States during the bombing of Tokyo veterans. f Mr. President, I know all of my col- and 5 other targets on the island of Honshu on April 18, 1942, during the Second World leagues will join me today in honoring MESSAGE FROM THE HOUSE ∑ War; to the Committee on Armed Services. Bea Abrams Cohen. At 2:03 p.m., a message from the By Mr. PAUL (for himself, Mr. DEMINT, f House of Representatives, delivered by and Mr. LEE): Mr. Novotny, one of its reading clerks, S. Con. Res. 40. A concurrent resolution REMEMBERING MR. JAMES A. announced that the House has agreed setting forth the congressional budget for BRENNAN, JR. to the following concurrent resolution, the United States Government for fiscal year ∑ Mr. NELSON of Florida. Mr. Presi- in which it requests the concurrence of 2013, revising the appropriate budgetary lev- els for fiscal year 2012, and setting forth the dent, I wish to honor one of Florida’s the Senate: appropriate budgetary levels for fiscal years great public servants, Mr. James A. H. Con. Res 112. Concurrent resolution es- 2013 through 2022; placed on the calendar. tablishing the budget for the United States Brennan, Jr. Mr. Brennan passed away f on December 20, 2011. Government for fiscal year 2013 and setting Mr. Brennan was a long-time aide to forth appropriate budgetary levels for fiscal ADDITIONAL COSPONSORS years 2014 through 2022. Florida Congressman Claude Pepper. S. 17 He worked for Mr. Pepper from 1963 to f At the request of Mr. ISAKSON, his 1989, when Mr. Pepper was in the U.S. MEASURES DISCHARGED name was added as a cosponsor of S. 17, House of Representatives. He was Mr. a bill to repeal the job-killing tax on Pepper’s closest advisor through the The following concurrent resolutions medical devices to ensure continued Congressman’s chairmanships of the were discharged from the Committee access to life-saving medical devices House Aging Committee and House on the Budget, pursuant to section 300 for patients and maintain the standing Rules Committee. of the Congressional Budget Act, and of United States as the world leader in Mr. Brennan was devoted to Florida. placed on the calendar: medical device innovation. One of his biggest priorities was help- S. Con. Res. 40. Concurrent resolution set- At the request of Mr. ALEXANDER, his ing Florida’s seniors, both as Mr. Pep- ting forth the congressional budget for the name was added as a cosponsor of S. 17, United States Government for fiscal year supra. per’s aide and later as a board member 2013, revising the appropriate budgetary lev- and advisor to the Claude Pepper Foun- els for fiscal year 2012, and setting forth the S. 154 dation in Tallahassee. appropriate budgetary levels for fiscal years At the request of Mr. KOHL, the name Throughout his years working for 2013 through 2022. of the Senator from Delaware (Mr. Mr. Pepper, Mr. Brennan had the sup- H. Con. Res. 112. Concurrent resolution es- COONS) was added as a cosponsor of S. port of his wife Yolanda. They had 12 tablishing the budget for the United States 154, a bill to authorize the Secretary of children and 28 grandchildren. Government for fiscal year 2013 and setting Education to make grants to support Florida is lucky to have had a public forth appropriate budgetary levels for fiscal early college high schools and other years 2014 through 2022. servant like Mr. Brennan, and his serv- dual enrollment programs. f ice to the State and the country will S. 219 not be forgotten.∑ MEASURES PLACED ON THE At the request of Mr. TESTER, the f CALENDAR name of the Senator from Massachu- setts (Mr. BROWN) was added as a co- MESSAGES FROM THE PRESIDENT The following bill was read the sec- ond time, and placed on the calendar: sponsor of S. 219, a bill to require Sen- Messages from the President of the ate candidates to file designations, United States were communicated to H.R. 5. An act to improve patient access to health care services and provide improved statements, and reports in electronic the Senate by Mr. Pate, one of his sec- medical care by reducing the excessive bur- form. retaries. den the liability system places on the health S. 253 f care delivery system. At the request of Mr. ROCKEFELLER, the name of the Senator from Kansas EXECUTIVE MESSAGES REFERRED f (Mr. ROBERTS) was added as a cospon- As in executive session the Presiding INTRODUCTION OF BILLS AND sor of S. 253, a bill to establish a com- Officer laid before the Senate messages JOINT RESOLUTIONS mission to ensure a suitable observance from the President of the United The following bills and joint resolu- of the centennial of World War I, and States submitting sundry nominations tions were introduced, read the first to designate memorials to the service which were referred to the appropriate and second times by unanimous con- of men and women of the United States committees. sent, and referred as indicated: in World War I. (The nominations received today are By Mr. BEGICH: S. 274 printed at the end of the Senate pro- S. 2284. A bill to amend the Internal Rev- At the request of Mrs. HAGAN, the ceedings.) enue Code of 1986 to provide expensing for name of the Senator from Mississippi small businesses; to the Committee on Fi- f (Mr. COCHRAN) was added as a cospon- nance. sor of S. 274, a bill to amend title XVIII By Mr. MENENDEZ: MESSAGE FROM THE HOUSE of the Social Security Act to expand DURING ADJOURNMENT S. 2285. A bill to increase civil penalties for institutions of higher education that fail to access to medication therapy manage- Under the authority of the order of comply with the Jeanne Clery Disclosure of ment services under the Medicare pre- the Senate of January 5, 2011, the Sec- Campus Security Policy and Campus Crime scription drug program.

VerDate Mar 15 2010 04:26 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G16AP6.002 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2325 S. 362 achievements and heroic actions dur- S. 2010 At the request of Mr. WHITEHOUSE, ing the Holocaust. At the request of Mr. KERRY, the the name of the Senator from Nevada S. 1670 name of the Senator from Nevada (Mr. (Mr. REID) was added as a cosponsor of At the request of Mr. CARDIN, the HELLER) was added as a cosponsor of S. S. 362, a bill to amend the Public name of the Senator from Delaware 2010, a bill to amend title II of the So- Health Service Act to provide for a (Mr. COONS) was added as a cosponsor cial Security Act to repeal the Govern- Pancreatic Cancer Initiative, and for of S. 1670, a bill to eliminate racial ment pension offset and windfall elimi- other purposes. profiling by law enforcement, and for nation provisions. S. 534 other purposes. S. 2051 At the request of Mr. KERRY, the S. 1821 At the request of Mr. REED, the name of the Senator from Hawaii (Mr. At the request of Mr. COONS, the names of the Senator from Minnesota AKAKA) was added as a cosponsor of S. names of the Senator from Tennessee (Ms. KLOBUCHAR) and the Senator from 534, a bill to amend the Internal Rev- (Mr. CORKER) and the Senator from Oregon (Mr. WYDEN) were added as co- enue Code of 1986 to provide a reduced New York (Mr. SCHUMER) were added as sponsors of S. 2051, a bill to amend the rate of excise tax on beer produced do- cosponsors of S. 1821, a bill to prevent Higher Education Act of 1965 to extend mestically by certain small producers. the termination of the temporary of- the reduced interest rate for Federal S. 658 fice of bankruptcy judges in certain ju- Direct Stafford Loans. At the request of Ms. KLOBUCHAR, the dicial districts. S. 2112 At the request of Mr. BEGICH, the name of the Senator from Illinois (Mr. S. 1880 name of the Senator from Missouri DURBIN) was added as a cosponsor of S. At the request of Mr. BARRASSO, the (Mr. BLUNT) was added as a cosponsor 658, a bill to provide for the preserva- name of the Senator from Idaho (Mr. of S. 2112, a bill to amend title 10, tion by the Department of Defense of CRAPO) was added as a cosponsor of S. United States Code, to authorize space- documentary evidence of the Depart- 1880, a bill to repeal the health care available travel on military aircraft ment of Defense on incidents of sexual law’s job-killing health insurance tax. for members of the reserve compo- assault and sexual harassment in the S. 1979 military, and for other purposes. nents, a member or former member of At the request of Mr. CONRAD, the S. 958 a reserve component who is eligible for name of the Senator from Maine (Ms. retired pay but for age, widows and At the request of Mr. CASEY, the COLLINS) was added as a cosponsor of S. name of the Senator from Nevada (Mr. widowers of retired members, and de- 1979, a bill to provide incentives to phy- pendents. HELLER) was added as a cosponsor of S. sicians to practice in rural and medi- S. 2121 958, a bill to amend the Public Health cally underserved communities and for Service Act to reauthorize the program At the request of Ms. KLOBUCHAR, the other purposes. name of the Senator from South Da- of payments to children’s hospitals S. 1981 that operate graduate medical edu- kota (Mr. JOHNSON) was added as a co- At the request of Mr. HELLER, the cation programs. sponsor of S. 2121, a bill to modify the names of the Senator from Wyoming Department of Defense Program Guid- S. 1069 (Mr. BARRASSO) and the Senator from ance relating to the award of Post-De- At the request of Mr. JOHANNS, his New Hampshire (Ms. AYOTTE) were ployment/Mobilization Respite Absence name was added as a cosponsor of S. added as cosponsors of S. 1981, a bill to administrative absence days to mem- 1069, a bill to suspend temporarily the provide that Members of Congress may bers of the reserve components to ex- duty on certain footwear, and for other not receive pay after October 1 of any empt any member whose qualified mo- purposes. fiscal year in which Congress has not bilization commenced before October 1, S. 1299 approved a concurrent resolution on 2011, and continued on or after that At the request of Mr. MORAN, the the budget and passed the regular ap- date, from the changes to the program name of the Senator from Missouri propriations bills. guidance that took effect on that date. (Mr. BLUNT) was added as a cosponsor S. 1984 S. 2160 of S. 1299, a bill to require the Sec- At the request of Mr. KERRY, the At the request of Mr. MORAN, the retary of the Treasury to mint coins in names of the Senator from Maine (Ms. name of the Senator from Georgia (Mr. commemoration of the centennial of SNOWE) and the Senator from Lou- CHAMBLISS) was added as a cosponsor of the establishment of Lions Clubs Inter- isiana (Ms. LANDRIEU) were added as S. 2160, a bill to improve the examina- national. cosponsors of S. 1984, a bill to establish tion of depository institutions, and for S. 1397 a commission to develop a national other purposes. At the request of Mr. CARPER, the strategy and recommendations for re- S. 2165 name of the Senator from Massachu- ducing fatalities resulting from child At the request of Mrs. BOXER, the setts (Mr. KERRY) was added as a co- abuse and neglect. names of the Senator from Arkansas sponsor of S. 1397, a bill to amend the S. 1990 (Mr. PRYOR), the Senator from Florida Internal Revenue Code of 1986 to pro- At the request of Mr. NELSON of Ne- (Mr. NELSON) and the Senator from vide for an investment tax credit re- braska, his name was added as a co- Connecticut (Mr. BLUMENTHAL) were lated to the production of electricity sponsor of S. 1990, a bill to require the added as cosponsors of S. 2165, a bill to from offshore wind. Transportation Security Administra- enhance strategic cooperation between S. 1460 tion to comply with the Uniformed the United States and Israel, and for At the request of Mr. BAUCUS, the Services Employment and Reemploy- other purposes. name of the Senator from New Jersey ment Rights Act. S. 2179 (Mr. MENENDEZ) was added as a cospon- At the request of Ms. KLOBUCHAR, her At the request of Mr. WEBB, the name sor of S. 1460, a bill to grant the con- name was added as a cosponsor of S. of the Senator from Connecticut (Mr. gressional gold medal, collectively, to 1990, supra. BLUMENTHAL) was added as a cosponsor the First Special Service Force, in rec- S. 2003 of S. 2179, a bill to amend title 38, ognition of its superior service during At the request of Mrs. FEINSTEIN, the United States Code, to improve over- World War II. name of the Senator from Maine (Ms. sight of educational assistance pro- S. 1591 COLLINS) was added as a cosponsor of S. vided under laws administered by the At the request of Mrs. GILLIBRAND, 2003, a bill to clarify that an authoriza- Secretary of Veterans Affairs and the the names of the Senator from North tion to use military force, a declara- Secretary of Defense, and for other Dakota (Mr. CONRAD) and the Senator tion of war, or any similar authority purposes. from Colorado (Mr. UDALL) were added shall not authorize the detention with- S. 2206 as cosponsors of S. 1591, a bill to award out charge or trial of a citizen or law- At the request of Mr. LAUTENBERG, a Congressional Gold Medal to Raoul ful permanent resident of the United the name of the Senator from Con- Wallenberg, in recognition of his States and for other purposes. necticut (Mr. BLUMENTHAL) was added

VerDate Mar 15 2010 04:26 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A16AP6.015 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2326 CONGRESSIONAL RECORD — SENATE April 16, 2012 as a cosponsor of S. 2206, a bill to as cosponsors of S. 2280, a bill to amend Whereas after encountering Japanese pick- amend title 38, United States Code, to the Truth in Lending Act and the High- et ships 170 miles from the prearranged require the Secretary of Veterans Af- er Education Act of 1965 to require cer- launch point, the Raiders, led by Lieutenant fairs to provide educational counseling tain creditors to obtain certifications Colonel James Doolittle, proceeded to launch 650 miles from the target of Tokyo; to individuals eligible for educational from institutions of higher education, Whereas by launching more than 170 miles assistance under laws administered by and for other purposes. early the Raiders deliberately accepted the the Secretary before such individuals S.J. RES. 21 risk that the B–25s might not have enough receive such assistance, and for other At the request of Mr. MENENDEZ, the fuel to make it beyond the Japanese lines in purposes. name of the Senator from New Hamp- occupied China; S. 2219 shire (Mrs. SHAHEEN) was added as a co- Whereas the additional risk virtually sealed the fate of the Raiders to crash land At the request of Mr. WHITEHOUSE, sponsor of S.J. Res. 21, a joint resolu- tion proposing an amendment to the in China or on the home islands of Japan, the name of the Senator from Delaware subjecting them to imprisonment, torture, (Mr. CARPER) was added as a cosponsor Constitution of the United States rel- or death; of S. 2219, a bill to amend the Federal ative to equal rights for men and Whereas because of that deliberate choice, Election Campaign Act of 1971 to pro- women. after hitting their military and industrial vide for additional disclosure require- S.J. RES. 39 targets in Tokyo and five other cities on the ments for corporations, labor organiza- At the request of Mr. CARDIN, the island of Honshu, low on fuel and in setting tions, Super PACs and other entities, name of the Senator from Alaska (Ms. night and deteriorating weather, none of the MURKOWSKI) was added as a cosponsor 16 airplanes reached the prearranged Chinese and for other purposes. airfields; S. 2230 of S.J. Res. 39, a joint resolution re- moving the deadline for the ratifica- Whereas the total distance traveled aver- At the request of Mr. WHITEHOUSE, aged 2,250 nautical miles over a period of 13 tion of the equal rights amendment. the names of the Senator from New hours is the longest combat mission ever S. RES. 400 Jersey (Mr. LAUTENBERG) and the Sen- flown in a B–25 Mitchell bomber; At the request of Ms. STABENOW, the ator from Oregon (Mr. MERKLEY) were Whereas of the 8 Raiders who were cap- added as cosponsors of S. 2230, a bill to name of the Senator from Delaware tured, 3 were executed, 1 died of disease, and (Mr. COONS) was added as a cosponsor 4 came home; and reduce the deficit by imposing a min- Whereas, the Doolittle Raid led the fight imum effective tax rate for high-in- of S. Res. 400, a resolution supporting the goals and ideals of Professional So- for the eventual victory of the United States come taxpayers. in the Second World War: Now, therefore, be cial Work Month and World Social it S. 2233 Work Day. At the request of Mr. SCHUMER, the Resolved, That the Senate— S. RES. 413 name of the Senator from Nevada (Mr. (1) commends the 5 living members and 80 At the request of Mr. CASEY, the original members of the Doolittle Tokyo HELLER) was added as a cosponsor of S. name of the Senator from Virginia (Mr. Raiders for their participation in the Tokyo 2233, a bill to amend the Immigration WARNER) was added as a cosponsor of S. bombing raid of April 18, 1942; and and Nationality Act to stimulate inter- Res. 413, a resolution supporting the (2) recognizes the valor, skill, and courage national tourism to the United States. designation of April 2012 as National of the Raiders that proved invaluable to the S. 2241 eventual defeat of Japan during the Second Autism Awareness Month. World War; and At the request of Mrs. MURRAY, the f (3) acknowledges that the actions of the name of the Senator from Connecticut SUBMITTED RESOLUTIONS Raiders helped to forge an enduring example (Mr. BLUMENTHAL) was added as a co- of heroism in the face of uncertainty for the sponsor of S. 2241, a bill to ensure that Army Air Corps of the Second World War, veterans have the information and pro- SENATE RESOLUTION 418—COM- the future of the Air Force, and the United States as a whole. tections they require to make informed MENDING THE 80 BRAVE MEN decisions regarding use of Post-9/11 WHO BECAME KNOWN AS THE f Educational Assistance, and for other ‘‘DOOLITTLE TOKYO RAIDERS’’ SENATE CONCURRENT RESOLU- purposes. FOR OUTSTANDING HEROISM, TION 40—SETTING FORTH THE S. 2270 VALOR, SKILL, AND SERVICE TO CONGRESSIONAL BUDGET FOR At the request of Mr. HARKIN, the THE UNITED STATES DURING THE UNITED STATES GOVERN- name of the Senator from Ohio (Mr. THE BOMBING OF TOKYO AND 5 MENT FOR FISCAL YEAR 2013, BROWN) was added as a cosponsor of S. OTHER TARGETS ON THE IS- REVISING THE APPROPRIATE 2270, a bill to amend the Farm Security LAND OF HONSHU ON APRIL 18, BUDGETARY LEVELS FOR FIS- and Rural Investment Act of 2002 to 1942, DURING THE SECOND CAL YEAR 2012, AND SETTING improve energy programs. WORLD WAR FORTH THE APPROPRIATE S. 2274 Mr. BROWN of Ohio (for himself, BUDGETARY LEVELS FOR FIS- At the request of Ms. STABENOW, the Mrs. HUTCHISON, Mr. INOUYE, Mrs. MUR- CAL YEARS 2013 THROUGH 2022 names of the Senator from Minnesota RAY, Mr. ALEXANDER, Mr. TESTER, and Mr. PAUL (for himself, Mr. DEMINT, (Ms. KLOBUCHAR) and the Senator from Mr. BAUCUS) submitted the following and Mr. LEE) submitted the following Arkansas (Mr. BOOZMAN) were added as resolution; which was referred to the concurrent resolution; which was cosponsors of S. 2274, a bill to require Committee on Armed Services: placed on the calendar: the Secretary of Agriculture to estab- S. RES. 418 S. CON. RES. 40 lish a nonprofit corporation to be Whereas 80 brave American airmen volun- known as the Foundation for Food and Resolved by the Senate (the House of Rep- teered for an ‘‘extremely hazardous mission’’ resentatives concurring), Agriculture Research. without knowing the target, location, or as- SECTION 1. CONCURRENT RESOLUTION ON THE S. 2279 signment and willingly put their lives in BUDGET FOR FISCAL YEAR 2013. At the request of Mr. KERRY, the harm’s way, risking death, capture, and tor- (a) DECLARATION.—Congress declares that name of the Senator from Connecticut ture; this resolution is the concurrent resolution Whereas the mission was the first offensive (Mr. BLUMENTHAL) was added as a co- on the budget for fiscal year 2013 and that action by the United States military fol- this resolution sets forth the appropriate sponsor of S. 2279, a bill to amend the lowing the attack on Pearl Harbor on De- R.M.S. Titanic Maritime Memorial Act budgetary levels for fiscal years 2013 through cember 7, 1941; 2022. of 1986 to provide additional protection Whereas the Doolittle Raid represented the (b) TABLE OF CONTENTS.—The table of con- for the R.M.S. Titanic and its wreck first time in which the Army Air Corps and tents for this concurrent resolution is as fol- site, and for other purposes. the Navy collaborated in a tactical mission lows: by flying 16 Army B–25 medium bombers off S. 2280 Sec. 1. Concurrent resolution on the budget of the USS Hornet; for fiscal year 2013. At the request of Mr. DURBIN, the Whereas the flying of bombers from a Navy names of the Senator from Ohio (Mr. carrier had never been done before, making TITLE I—RECOMMENDED LEVELS AND BROWN) and the Senator from Con- the mission extremely hazardous from the AMOUNTS necticut (Mr. BLUMENTHAL) were added very start; Sec. 101. Recommended levels and amounts.

VerDate Mar 15 2010 04:26 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0655 E:\CR\FM\A16AP6.016 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2327 Sec. 102. Social Security. Fiscal year 2019: ¥$312,000,000,000. Fiscal year 2014: $728,000,000,000. Sec. 103. Major functional categories. Fiscal year 2020: ¥$257,000,000,000. Fiscal year 2015: $770,000,000,000. TITLE II—RESERVE FUNDS Fiscal year 2021: ¥$214,000,000,000. Fiscal year 2016: $819,000,000,000. Fiscal year 2022: ¥$263,000,000,000. Fiscal year 2017: $868,000,000,000. Sec. 201. Deficit-reduction reserve fund for (2) NEW BUDGET AUTHORITY.—For purposes Fiscal year 2018: $914,000,000,000. the sale of unused or vacant of the enforcement of this resolution, the ap- Fiscal year 2019: $958,000,000,000. Federal properties. propriate levels of total new budget author- Fiscal year 2020: $1,004,000,000,000. Sec. 202. Deficit-reduction reserve fund for ity are as follows: Fiscal year 2021: $1,049,000,000,000. selling excess Federal land. Sec. 203. Deficit-reduction reserve fund for Fiscal year 2012: $3,519,858,000,000. Fiscal year 2022: $1,096,000,000,000. OCIAL SECURITY OUTLAYS.—For pur- the repeal of Davis-Bacon pre- Fiscal year 2013: $3,084,004,000,000. (b) S poses of Senate enforcement under sections vailing wage laws. Fiscal year 2014: $3,106,658,000,000. Sec. 204. Deficit-reduction reserve fund for Fiscal year 2015: $3,117,000,000,000. 302 and 311 of the Congressional Budget Act the reduction of purchasing and Fiscal year 2016: $3,283,243,000,000. of 1974, the amounts of outlays of the Fed- maintaining Federal vehicles. Fiscal year 2017: $3,458,011,000,000. eral Old-Age and Survivors Insurance Trust Sec. 205. Deficit-reduction reserve fund for Fiscal year 2018: $3,659,956,000,000. Fund and the Federal Disability Insurance the sale of financial assets pur- Fiscal year 2019: $3,893,357,000,000. Trust Fund are as follows: chased through the Troubled Fiscal year 2020: $4,090,845,000,000. Fiscal year 2012: $770,420,000,000. Asset Relief Program. Fiscal year 2021: $4,262,660,000,000. Fiscal year 2013: $813,569,000,000. Fiscal year 2022: $4,464,458,000,000. Fiscal year 2014: $857,048,000,000. TITLE III—BUDGET PROCESS (3) BUDGET OUTLAYS.—For purposes of the Fiscal year 2015: $901,705,000,000. Subtitle A—Budget Enforcement enforcement of this resolution, the appro- Fiscal year 2016: $950,000,000,000. Sec. 301. Discretionary spending limits for priate levels of total budget outlays are as Fiscal year 2017: $1,004,219,000,000. fiscal years 2012 through 2022, follows: Fiscal year 2018: $1,063,321,000,000. program integrity initiatives, Fiscal year 2012: $3,565,725,000,000. Fiscal year 2019: $1,127,719,000,000. and other adjustments. Fiscal year 2013: $3,109,085,000,000. Fiscal year 2020: $1,197,313,000,000. Sec. 302. Point of order against advance ap- Fiscal year 2014: $3,098,368,000,000. Fiscal year 2021: $1,269,310,000,000. propriations. Fiscal year 2015: $3,092,240,000,000. Fiscal year 2022: $1,345,264,000,000. Sec. 303. Emergency legislation. Fiscal year 2016: $3,256,795,000,000. (c) SOCIAL SECURITY ADMINISTRATIVE EX- Sec. 304. Adjustments for the extension of Fiscal year 2017: $3,408,942,000,000. PENSES.—In the Senate, the amounts of new certain current policies. Fiscal year 2018: $3,594,222,000,000. budget authority and budget outlays of the Subtitle B—Other Provisions Fiscal year 2019: $3,842,333,000,000. Federal Old-Age and Survivors Insurance Fiscal year 2020: $4,027,530,000,000. Trust Fund and the Federal Disability Insur- Sec. 311. Oversight of Government perform- Fiscal year 2021: $4,208,224,000,000. ance Trust Fund for administrative expenses ance. Fiscal year 2022: $4,417,978,000,000. are as follows: Sec. 312. Application and effect of changes (4) DEFICITS.—For purposes of the enforce- Fiscal year 2012: in allocations and aggregates. ment of this resolution, the amounts of the (A) New budget authority, $5,822,000,000. Sec. 313. Adjustments to reflect changes in deficits are as follows: (B) Outlays, $5,793,000,000. concepts and definitions. Fiscal year 2012: $1,043,000,000,000. Fiscal year 2013: Sec. 314. Rescind unspent or unobligated Fiscal year 2013: $795,000,000,000. (A) New budget authority, $5,868,000,000. balances after 36 months. Fiscal year 2014: $631,000,000,000. (B) Outlays, $6,108,000,000. TITLE IV—RECONCILIATION Fiscal year 2015: $62,000,000,000. Fiscal year 2014: Sec. 401. Reconciliation in the Senate. Fiscal year 2016: $31,000,000,000. (A) New budget authority, $6,043,000,000. Sec. 402. Directive to the Committee on the Fiscal year 2017: ¥$111,000,000,000. (B) Outlays, $6,269,000,000. Budget of the Senate to replace Fiscal year 2018: ¥$285,000,000,000. Fiscal year 2015: the sequester established by the Fiscal year 2019: ¥$302,000,000,000. (A) New budget authority, $6,223,000,000. Budget Control Act of 2011. Fiscal year 2020: ¥$395,000,000,000. (B) Outlays, $6,386,000,000. TITLE V—CONGRESSIONAL POLICY Fiscal year 2021: ¥$504,000,000,000. Fiscal year 2016: CHANGES Fiscal year 2022: ¥$501,000,000,000. (A) New budget authority, $6,418,000,000. (5) PUBLIC DEBT.—Pursuant to section (B) Outlays, $6,379,000,000. Sec. 501. Policy statement on social secu- 301(a)(5) of the Congressional Budget Act of Fiscal year 2017: rity. 1974, the appropriate levels of the public debt (A) New budget authority, $6,616,000,000. Sec. 502. Policy statement on medicare. are as follows: (B) Outlays, $6,379,000,000. Sec. 503. Policy statement on tax reform. Fiscal year 2012: $11,368,000,000,000. Fiscal year 2018: TITLE VI—SENSE OF CONGRESS Fiscal year 2013: $12,197,000,000,000. (A) New budget authority, $6,838,000,000. Sec. 601. Regulatory reform. Fiscal year 2014: $12,912,000,000,000. (B) Outlays, $6,794,000,000. TITLE I—RECOMMENDED LEVELS AND Fiscal year 2015: $13,084,000,000,000. Fiscal year 2019: AMOUNTS Fiscal year 2016: $13,230,000,000,000. (A) New budget authority, $7,071,000,000. Fiscal year 2017: $13,147,000,000,000. (B) Outlays, $7,024,000,000. SEC. 101. RECOMMENDED LEVELS AND AMOUNTS. Fiscal year 2018: $12,912,000,000,000. Fiscal year 2020: The following budgetary levels are appro- Fiscal year 2019: $12,631,000,000,000. (A) New budget authority, $7,304,000,000. priate for each of fiscal years 2012 through Fiscal year 2020: $12,261,000,000,000. (B) Outlays, $7,257,000,000. 2022: Fiscal year 2021: $11,787,000,000,000. Fiscal year 2021: Fiscal year 2022: $11,328,000,000,000. (A) New budget authority, $7,543,000,000. (1) FEDERAL REVENUES.—For purposes of the enforcement of this resolution: (6) DEBT HELD BY THE PUBLIC.—The appro- (B) Outlays, $7,494,000,000. (A) The recommended levels of Federal priate levels of debt held by the public are as Fiscal year 2022: revenues are as follows: follows: (A) New budget authority, $7,796,000,000. Fiscal year 2012: $1,896,000,000,000. Fiscal year 2012: $11,242,000,000,000. (B) Outlays, $7,745,000,000. Fiscal year 2013: $1,615,000,000,000. Fiscal year 2013: $12,089,000,000,000. SEC. 103. MAJOR FUNCTIONAL CATEGORIES. Fiscal year 2014: $1,740,000,000,000. Fiscal year 2014: $12,812,000,000,000. Congress determines and declares that the Fiscal year 2015: $2,261,000,000,000. Fiscal year 2015: $12,966,000,000,000. appropriate levels of new budget authority Fiscal year 2016: $2,406,000,000,000. Fiscal year 2016: $13,076,000,000,000. and outlays for fiscal years 2011 through 2021 Fiscal year 2017: $2,651,000,000,000. Fiscal year 2017: $13,017,000,000,000. for each major functional category are: Fiscal year 2018: $2,965,000,000,000. Fiscal year 2018: $12,784,000,000,000. (1) National Defense (050): Fiscal year 2019: $3,186,000,000,000. Fiscal year 2019: $12,534,000,000,000. Fiscal year 2012: Fiscal year 2020: $3,419,000,000,000. Fiscal year 2020: $12,191,000,000,000. (A) New budget authority, $549,397,000,000. Fiscal year 2021: $3,663,000,000,000. Fiscal year 2021: $11,739,000,000,000. (B) Outlays, $559,626,000,000. Fiscal year 2022: $3,822,000,000,000. Fiscal year 2022: $11,290,000,000,000. Fiscal year 2013: (B) The amounts by which the aggregate SEC. 102. SOCIAL SECURITY. (A) New budget authority, $562,462,000,000. levels of Federal revenues should be changed (a) SOCIAL SECURITY REVENUES.—For pur- (B) Outlays, $587,049,000,000. are as follows: poses of Senate enforcement under sections Fiscal year 2014: Fiscal year 2012: ¥$23,000,000,000. 302 and 311 of the Congressional Budget Act (A) New budget authority, $562,462,000,000. Fiscal year 2013: ¥$675,000,000,000. of 1974, the amounts of revenues of the Fed- (B) Outlays, $587,807,000,000. Fiscal year 2014: ¥$845,000,000,000. eral Old-Age and Survivors Insurance Trust Fiscal year 2015: Fiscal year 2015: ¥$537,000,000,000. Fund and the Federal Disability Insurance (A) New budget authority, $570,643,000,000. Fiscal year 2016: ¥$559,000,000,000. Trust Fund are as follows: (B) Outlays, $574,208,000,000. Fiscal year 2017: ¥$521,000,000,000. Fiscal year 2012: $627,000,000,000. Fiscal year 2016: Fiscal year 2018: ¥$365,000,000,000. Fiscal year 2013: $698,000,000,000. (A) New budget authority, $579,797,000,000.

VerDate Mar 15 2010 04:26 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A16AP6.025 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2328 CONGRESSIONAL RECORD — SENATE April 16, 2012 (B) Outlays, $580,181,000,000. (4) Energy (270): Fiscal year 2018: Fiscal year 2017: Fiscal year 2012: (A) New budget authority, $20,811,000,000. (A) New budget authority, $591,058,000,000. (A) New budget authority, $9,886,000,000. (B) Outlays, $19,765,000,000. (B) Outlays, $583,077,000,000. (B) Outlays, $18,342,000,000. Fiscal year 2019: Fiscal year 2018: Fiscal year 2013: (A) New budget authority, $21,010,000,000. (A) New budget authority, $602,310,000,000. (A) New budget authority, $923,000,000. (B) Outlays, $19,990,000,000. (B) Outlays, $587,825,000,000. (B) Outlays, $2,882,000,000. Fiscal year 2020: Fiscal year 2019: Fiscal year 2014: (A) New budget authority, $21,275,000,000. (A) New budget authority, $613,550,000,000. (A) New budget authority, $976,000,000. (B) Outlays, $20,266,000,000. (B) Outlays, $603,494,000,000. (B) Outlays, $2,349,000,000. Fiscal year 2021: Fiscal year 2020: Fiscal year 2015: (A) New budget authority, $21,560,000,000. (A) New budget authority, $625,785,000,000. (A) New budget authority, $1,003,000,000. (B) Outlays, $20,514,000,000. (B) Outlays, $615,208,000,000. (B) Outlays, $1,649,000,000. Fiscal year 2022: Fiscal year 2021: Fiscal year 2016: (A) New budget authority, $21,631,000,000. (A) New budget authority, $638,070,000,000. (A) New budget authority, $857,000,000. (B) Outlays, $20,583,000,000. (B) Outlays, $627,214,000,000. (B) Outlays, $801,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2022: Fiscal year 2017: Fiscal year 2012: (A) New budget authority, $651,718,000,000. (A) New budget authority, $886,000,000. (A) New budget authority, $42,288,000,000. (B) Outlays, $645,558,000,000. (B) Outlays, $829,000,000. (B) Outlays, $42,685,000,000. (2) International Affairs (150): Fiscal year 2018: Fiscal year 2013: Fiscal year 2012: (A) New budget authority, $914,000,000. (A) New budget authority, $12,386,000,000. (A) New budget authority, $57,684,000,000. (B) Outlays, $856,000,000. (B) Outlays, $11,996,000,000. (B) Outlays, $50,501,000,000. Fiscal year 2019: Fiscal year 2014: Fiscal year 2013: (A) New budget authority, $944,000,000. (A) New budget authority, $12,332,000,000. (A) New budget authority, $14,024,000,000. (B) Outlays, $885,000,000. (B) Outlays, ¥$552,000,000. (B) Outlays, $20,680,000,000. Fiscal year 2020: Fiscal year 2015: Fiscal year 2014: (A) New budget authority, $973,000,000. (A) New budget authority, $12,332,000,000. (A) New budget authority, $20,680,000,000. (B) Outlays, $912,000,000. (B) Outlays, ¥$1,240,000,000. (B) Outlays, $15,069,000,000. Fiscal year 2021: Fiscal year 2016: Fiscal year 2015: (A) New budget authority, $1,003,000,000. (A) New budget authority, $11,997,000,000. (A) New budget authority, $11,666,000,000. (B) Outlays, $940,000,000. (B) Outlays, ¥$4,202,000,000. (B) Outlays, $11,423,000,000. Fiscal year 2022: Fiscal year 2017: Fiscal year 2016: (A) New budget authority, $1,021,000,000. (A) New budget authority, $15,199,000,000. (A) New budget authority, $11,423,000,000. (B) Outlays, $955,000,000. (B) Outlays, ¥$4,255,000,000. (B) Outlays, $12,347,000,000. (5) Natural Resources and Environment Fiscal year 2018: Fiscal year 2017: (300): (A) New budget authority, $15,864,000,000. (A) New budget authority, $12,746,000,000. Fiscal year 2012: (B) Outlays, ¥$5,765,000,000. (B) Outlays, $13,359,000,000. (A) New budget authority, $37,109,000,000. Fiscal year 2019: Fiscal year 2018: (B) Outlays, $42,242,000,000. (A) New budget authority, $16,368,000,000. (A) New budget authority, $13,359,000,000. Fiscal year 2013: (B) Outlays, $2,829,000,000. (B) Outlays, $13,471,000,000. (A) New budget authority, $24,206,000,000. Fiscal year 2020: Fiscal year 2019: (B) Outlays, $23,864,000,000. (A) New budget authority, $16,930,000,000. (A) New budget authority, $14,318,000,000. Fiscal year 2014: (B) Outlays, $2,174,000,000. (B) Outlays, $14,318,000,000. (A) New budget authority, $23,864,000,000. Fiscal year 2021: Fiscal year 2020: (B) Outlays, $23,928,000,000. (A) New budget authority, $17,448,000,000. (A) New budget authority, $14,619,000,000. Fiscal year 2015: (B) Outlays, $1,283,000,000. (B) Outlays, $11,335,000,000. (A) New budget authority, $24,441,000,000. Fiscal year 2022: Fiscal year 2021: (B) Outlays, $22,864,000,000. (A) New budget authority, $17,820,000,000. (A) New budget authority, $14,921,000,000. Fiscal year 2016: (B) Outlays, $230,000,000. (B) Outlays, $11,541,000,000. (A) New budget authority, $24,912,000,000. (8) Transportation (400): Fiscal year 2022: (B) Outlays, $23,178,000,000. Fiscal year 2012: (A) New budget authority, $15,217,000,000. Fiscal year 2017: (A) New budget authority, $88,325,000,000. (B) Outlays, $11,742,000,000. (A) New budget authority, $25,401,000,000. (B) Outlays, $91,171,000,000. (3) General Science, Space, and Technology (B) Outlays, $23,571,000,000. Fiscal year 2013: (250): Fiscal year 2018: (A) New budget authority, $77,499,000,000. Fiscal year 2012: (A) New budget authority, $26,392,000,000. (B) Outlays, $80,200,000,000. (A) New budget authority, $29,836,000,000. (B) Outlays, $24,430,000,000. Fiscal year 2014: (B) Outlays, $31,175,000,000. Fiscal year 2019: (A) New budget authority, $76,644,000,000. Fiscal year 2013: (A) New budget authority, $26,745,000,000. (B) Outlays, $80,149,000,000. (A) New budget authority, $19,605,000,000. (B) Outlays, $24,747,000,000. Fiscal year 2015: (B) Outlays, $18,914,000,000. Fiscal year 2020: (A) New budget authority, $77,240,000,000. Fiscal year 2014: (A) New budget authority, $27,636,000,000. (B) Outlays, $81,869,000,000. (A) New budget authority, $19,962,000,000. (B) Outlays, $25,441,000,000. Fiscal year 2016: (B) Outlays, $19,222,000,000. Fiscal year 2021: (A) New budget authority, $78,217,000,000. Fiscal year 2015: (A) New budget authority, $27,558,000,000. (B) Outlays, $83,149,000,000. (A) New budget authority, $20,319,000,000. (B) Outlays, $25,561,000,000. Fiscal year 2017: (B) Outlays, $18,518,000,000. Fiscal year 2022: (A) New budget authority, $79,069,000,000. Fiscal year 2016: (A) New budget authority, $27,904,000,000. (B) Outlays, $84,439,000,000. (A) New budget authority, $20,682,000,000. (B) Outlays, $25,787,000,000. Fiscal year 2018: (B) Outlays, $18,849,000,000. (6) Agriculture (350): (A) New budget authority, $79,014,000,000. Fiscal year 2017: Fiscal year 2012: (B) Outlays, $83,270,000,000. (A) New budget authority, $21,052,000,000. (A) New budget authority, $22,686,000,000. Fiscal year 2019: (B) Outlays, $19,186,000,000. (B) Outlays, $19,646,000,000. (A) New budget authority, $80,669,000,000. Fiscal year 2018: Fiscal year 2013: (B) Outlays, $84,969,000,000. (A) New budget authority, $21,249,000,000. (A) New budget authority, $20,143,000,000. Fiscal year 2020: (B) Outlays, $19,529,000,000. (B) Outlays, $22,255,000,000. (A) New budget authority, $81,266,000,000. Fiscal year 2019: Fiscal year 2014: (B) Outlays, $85,940,000,000. (A) New budget authority, $21,812,000,000. (A) New budget authority, $20,600,000,000. Fiscal year 2021: (B) Outlays, $19,878,000,000. (B) Outlays, $19,523,000,000. (A) New budget authority, $81,783,000,000. Fiscal year 2020: Fiscal year 2015: (B) Outlays, $87,078,000,000. (A) New budget authority, $22,203,000,000. (A) New budget authority, $20,545,000,000. Fiscal year 2022: (B) Outlays, $20,234,000,000. (B) Outlays, $20,545,000,000. (A) New budget authority, $82,635,000,000. Fiscal year 2021: Fiscal year 2016: (B) Outlays, $88,495,000,000. (A) New budget authority, $22,600,000,000. (A) New budget authority, $20,567,000,000. (9) Community and Regional Development (B) Outlays, $20,596,000,000. (B) Outlays, $19,628,000,000. (450): Fiscal year 2022: Fiscal year 2017: Fiscal year 2012: (A) New budget authority, $23,005,000,000. (A) New budget authority, $20,518,000,000. (A) New budget authority, $18,783,000,000. (B) Outlays, $20,964,000,000. (B) Outlays, $19,549,000,000. (B) Outlays, $24,628,000,000.

VerDate Mar 15 2010 04:26 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A16AP6.025 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2329 Fiscal year 2013: (A) New budget authority, $397,015,000,000. (B) Outlays, $863,317,000,000. (A) New budget authority, $11,998,000,000. (B) Outlays, $392,850,000,000. Fiscal year 2015: (B) Outlays, $13,439,000,000. Fiscal year 2020: (A) New budget authority, $912,103,000,000. Fiscal year 2014: (A) New budget authority, $417,710,000,000. (B) Outlays, $908,091,000,000. (A) New budget authority, $12,036,000,000. (B) Outlays, $403,283,000,000. Fiscal year 2016: (B) Outlays, $13,336,000,000. Fiscal year 2021: (A) New budget authority, $960,918,000,000. Fiscal year 2015: (A) New budget authority, $419,586,000,000. (B) Outlays, $956,379,000,000. (A) New budget authority, $12,256,000,000. (B) Outlays, $415,086,000,000. Fiscal year 2017: (B) Outlays, $12,761,000,000. Fiscal year 2022: (A) New budget authority, $1,075,559,000,000. Fiscal year 2016: (A) New budget authority, $431,913,000,000. (B) Outlays, $1,010,794,000,000. (A) New budget authority, $12,478,000,000. (B) Outlays, $427,453,000,000. Fiscal year 2018: (B) Outlays, $12,725,000,000. (12) Medicare (570): (A) New budget authority, $1,075,559,000,000. Fiscal year 2017: Fiscal year 2012: (B) Outlays, $1,070,115,000,000. (A) New budget authority, $12,701,000,000. (A) New budget authority, $487,762,000,000. Fiscal year 2019: (B) Outlays, $11,854,000,000. (B) Outlays, $487,661,000,000. (A) New budget authority, $1,140,590,000,000. Fiscal year 2018: Fiscal year 2013: (B) Outlays, $1,134,743,000,000. (A) New budget authority, $12,932,000,000. (A) New budget authority, $509,976,000,000. Fiscal year 2020: (B) Outlays, $11,621,000,000. (B) Outlays, $510,212,000,000. (A) New budget authority, $1,210,617,000,000. Fiscal year 2019: Fiscal year 2014: (B) Outlays, $1,204,570,000,000. (A) New budget authority, $13,163,000,000. (A) New budget authority, $0. Fiscal year 2021: (B) Outlays, $11,835,000,000. (B) Outlays, $0. (A) New budget authority, $1,283,153,000,000. Fiscal year 2020: Fiscal year 2015: (B) Outlays, $1,276,804,000,000. (A) New budget authority, $13,401,000,000. (A) New budget authority, $0. Fiscal year 2022: (B) Outlays, $12,073,000,000. (B) Outlays, $0. (A) New budget authority, $1,360,160,000,000. Fiscal year 2021: Fiscal year 2016: (B) Outlays, $1,353,009,000,000. (A) New budget authority, $13,645,000,000. (A) New budget authority, $0. (15) Veterans Benefits and Services (700): (B) Outlays, $12,325,000,000. (B) Outlays, $0. Fiscal year 2012: Fiscal year 2022: Fiscal year 2017: (A) New budget authority, $126,263,000,000. (A) New budget authority, $13,890,000,000. (A) New budget authority, $0. (B) Outlays, $126,262,000,000. (B) Outlays, $12,647,000,000. (B) Outlays, $0. Fiscal year 2013: (10) Education, Training, Employment, and Fiscal year 2018: (A) New budget authority, $132,924,000,000. Social Services (500): (A) New budget authority, $0. (B) Outlays, $133,660,000,000. Fiscal year 2012: (B) Outlays, $0. Fiscal year 2014: (A) New budget authority, $88,578,000,000. Fiscal year 2019: (A) New budget authority, $135,032,000,000. (B) Outlays, $105,484,000,000. (A) New budget authority, $0. (B) Outlays, $135,471,000,000. Fiscal year 2013: (B) Outlays, $0. Fiscal year 2015: (A) New budget authority, $33,898,000,000. Fiscal year 2020: (A) New budget authority, $138,369,000,000. (B) Outlays, $42,292,000,000. (A) New budget authority, $0. (B) Outlays, $138,367,000,000. Fiscal year 2014: (B) Outlays, $0. Fiscal year 2016: (A) New budget authority, $30,868,000,000. Fiscal year 2021: (A) New budget authority, $147,201,000,000. (B) Outlays, $32,933,000,000. (A) New budget authority, $0. (B) Outlays, $146,698,000,000. Fiscal year 2015: (B) Outlays, $0. Fiscal year 2017: (A) New budget authority, $32,868,000,000. Fiscal year 2022: (A) New budget authority, $146,175,000,000. (B) Outlays, $29,490,000,000. (A) New budget authority, $0. (B) Outlays, $145,526,000,000. Fiscal year 2016: (B) Outlays, $0. Fiscal year 2018: (A) New budget authority, $33,437,000,000. (13) Income Security (600): (A) New budget authority, $145,004,000,000. (B) Outlays, $29,870,000,000. Fiscal year 2012: (B) Outlays, $144,303,000,000. Fiscal year 2017: (A) New budget authority, $534,107,000,000. Fiscal year 2019: (A) New budget authority, $42,660,000,000. (B) Outlays, $533,175,000,000. (A) New budget authority, $154,685,000,000. (B) Outlays, $37,022,000,000. Fiscal year 2013: (B) Outlays, $153,943,000,000. Fiscal year 2018: (A) New budget authority, $355,125,000,000. Fiscal year 2020: (A) New budget authority, $46,337,000,000. (B) Outlays, $347,966,000,000. (A) New budget authority, $159,160,000,000. (B) Outlays, $43,104,000,000. Fiscal year 2014: (B) Outlays, $158,409,000,000. Fiscal year 2019: (A) New budget authority, $362,716,000,000. Fiscal year 2021: (A) New budget authority, $49,313,000,000. (B) Outlays, $355,966,000,000. (A) New budget authority, $163,701,000,000. (B) Outlays, $45,960,000,000. Fiscal year 2015: (B) Outlays, $163,701,000,000. Fiscal year 2020: (A) New budget authority, $362,163,000,000. Fiscal year 2022: (A) New budget authority, $49,859,000,000. (B) Outlays, $357,163,000,000. (A) New budget authority, $173,802,000,000. (B) Outlays, $47,385,000,000. Fiscal year 2016: (B) Outlays, $172,995,000,000. Fiscal year 2021: (A) New budget authority, $369,163,000,000. (16) Administration of Justice (750): (A) New budget authority, $50,122,000,000. (B) Outlays, $369,695,000,000. Fiscal year 2012: (B) Outlays, $50,122,000,000. Fiscal year 2017: (A) New budget authority, $51,700,000,000. Fiscal year 2022: (A) New budget authority, $368,254,000,000. (B) Outlays, $54,471,000,000. (A) New budget authority, $50,554,000,000. (B) Outlays, $364,817,000,000. Fiscal year 2013: (B) Outlays, $47,920,000,000. Fiscal year 2018: (A) New budget authority, $50,998,000,000. (11) Health (550): (A) New budget authority, $371,087,000,000. (B) Outlays, $38,113,000,000. Fiscal year 2012: (B) Outlays, $636,453,000,000. Fiscal year 2014: (A) New budget authority, $357,821,000,000. Fiscal year 2019: (A) New budget authority, $41,766,000,000. (B) Outlays, $358,737,000,000. (A) New budget authority, $385,838,000,000. (B) Outlays, $40,926,000,000. Fiscal year 2013: (B) Outlays, $383,743,000,000. Fiscal year 2015: (A) New budget authority, $338,159,000,000. Fiscal year 2020: (A) New budget authority, $42,296,000,000. (B) Outlays, $334,163,000,000. (A) New budget authority, $396,715,000,000. (B) Outlays, $40,215,000,000. Fiscal year 2014: (B) Outlays, $395,180,000,000. Fiscal year 2016: (A) New budget authority, $348,397,000,000. Fiscal year 2021: (A) New budget authority, $45,028,000,000. (B) Outlays, $338,935,000,000. (A) New budget authority, $408,219,000,000. (B) Outlays, $42,812,000,000. Fiscal year 2015: (B) Outlays, $407,134,000,000. Fiscal year 2017: (A) New budget authority, $359,620,000,000. Fiscal year 2022: (A) New budget authority, $43,922,000,000. (B) Outlays, $357,023,000,000. (A) New budget authority, $422,855,000,000. (B) Outlays, $41,759,000,000. Fiscal year 2016: (B) Outlays, $427,176,000,000. Fiscal year 2018: (A) New budget authority, $365,157,000,000. (14) Social Security (650): (A) New budget authority, $44,527,000,000. (B) Outlays, $364,094,000,000. Fiscal year 2012: (B) Outlays, $42,294,000,000. Fiscal year 2017: (A) New budget authority, $779,797,000,000. Fiscal year 2019: (A) New budget authority, $374,943,000,000. (B) Outlays, $776,213,000,000. (A) New budget authority, $45,216,000,000. (B) Outlays, $373,308,000,000. Fiscal year 2013: (B) Outlays, $41,863,000,000. Fiscal year 2018: (A) New budget authority, $823,017,000,000. Fiscal year 2020: (A) New budget authority, $385,894,000,000. (B) Outlays, $819,677,000,000. (A) New budget authority, $45,915,000,000. (B) Outlays, $381,726,000,000. Fiscal year 2014: (B) Outlays, $41,951,000,000. Fiscal year 2019: (A) New budget authority, $866,901,000,000. Fiscal year 2021:

VerDate Mar 15 2010 04:26 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A16AP6.025 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2330 CONGRESSIONAL RECORD — SENATE April 16, 2012 (A) New budget authority, $46,787,000,000. Fiscal year 2016: Fiscal year 2020: (B) Outlays, $42,718,000,000. (A) New budget authority, ¥$92,742,000,000. (A) New budget authority, $0. Fiscal year 2022: (B) Outlays, ¥$92,742,000,000. (B) Outlays, $0. (A) New budget authority, $51,306,000,000. Fiscal year 2017: Fiscal year 2021: (B) Outlays, $47,151,000,000. (A) New budget authority, ¥$91,236,000,000. (A) New budget authority, $0. (17) General Government (800): (B) Outlays, ¥$91,236,000,000. (B) Outlays, $0. Fiscal year 2012: Fiscal year 2018: Fiscal year 2022: (A) New budget authority, (A) New budget authority, ¥$86,010,000,000. (A) New budget authority, $0. $24,163,000,000,000. (B) Outlays, ¥$86,010,000,000. (B) Outlays, $0. (B) Outlays, $30,033,000,000. Fiscal year 2019: (22) Congressional Health Insurance for Fiscal year 2013: (A) New budget authority, ¥$56,114,000,000. Seniors (990): (A) New budget authority, $21,262,000,000. (B) Outlays, ¥$56,114,000,000. Fiscal year 2012: (B) Outlays, $18,354,000,000. Fiscal year 2020: (A) New budget authority, $0. Fiscal year 2014: (A) New budget authority, ¥$58,063,000,000. (B) Outlays, $0. (A) New budget authority, $21,414,000,000. (B) Outlays, ¥$58,063,000,000. Fiscal year 2013: (B) Outlays, $19,949,000,000. Fiscal year 2021: (A) New budget authority, $3,125,000,000. Fiscal year 2015: (A) New budget authority, ¥$58,990,000,000. (B) Outlays, $3,125,000,000. (A) New budget authority, $21,586,000,000. (B) Outlays, ¥$58,990,000,000. Fiscal year 2014: (B) Outlays, $20,149,000,000. Fiscal year 2022: (A) New budget authority, $539,435,000,000. Fiscal year 2016: (A) New budget authority, ¥$55,589,000,000. (B) Outlays, $532,135,000,000. (A) New budget authority, $21,762,000,000. (B) Outlays, ¥$55,589,000,000. Fiscal year 2015: (B) Outlays, $20,373,000,000. (20) Undistributed Offsetting Receipts (950): (A) New budget authority, $466,210,000,000. Fiscal year 2017: Fiscal year 2012: (B) Outlays, $468,810,000,000. (A) New budget authority, $22,114,000,000. (A) New budget authority, ¥$91,535,000,000. Fiscal year 2016: (B) Outlays, $20,531,000,000. (B) Outlays, ¥$91,535,000,000. (A) New budget authority, $494,278,000,000. Fiscal year 2018: Fiscal year 2013: (B) Outlays, $494,278,000,000. ¥ (A) New budget authority, $22,470,000,000. (A) New budget authority, $95,678,000,000. Fiscal year 2017: ¥ (B) Outlays, $20,836,000,000. (B) Outlays, $95,678,000,000. (A) New budget authority, $513,342,000,000. Fiscal year 2019: Fiscal year 2014: (B) Outlays, $511,342,000,000. ¥ (A) New budget authority, $22,893,000,000. (A) New budget authority, $96,030,000,000. Fiscal year 2018: ¥ (B) Outlays, $21,252,000,000. (B) Outlays, $96,030,000,000. (A) New budget authority, $544,406,000,000. Fiscal year 2020: Fiscal year 2015: (B) Outlays, $542,406,000,000. (A) New budget authority, $23,227,000,000. (A) New budget authority, Fiscal year 2019: ¥ (B) Outlays, $21,614,000,000. $101,010,000,000. (A) New budget authority, $577,470,000,000. ¥ Fiscal year 2021: (B) Outlays, $101,010,000,000. (B) Outlays, $575,470,000,000. Fiscal year 2016: (A) New budget authority, $23,622,000,000. Fiscal year 2020: (B) Outlays, $21,904,000,000. (A) New budget authority, (A) New budget authority, $623,534,000,000. Fiscal year 2022: ¥$104,680,000,000. (B) Outlays, $623,534,000,000. (A) New budget authority, $23,933,000,000. (B) Outlays, ¥$104,680,000,000. Fiscal year 2021: (B) Outlays, $22,217,000,000. Fiscal year 2017: (A) New budget authority, $666,598,000,000. (18) Net Interest (900): (A) New budget authority, (B) Outlays, $664,598,000,000. Fiscal year 2012: ¥$117,921,000,000. Fiscal year 2022: (A) New budget authority, $224,064,000,000. (B) Outlays, ¥$117,921,000,000. (A) New budget authority, $712,662,000,000. (B) Outlays, $224,064,000,000. Fiscal year 2018: (B) Outlays, $710,662,000,000. Fiscal year 2013: (A) New budget authority, (A) New budget authority, $183,281,000,000. ¥$123,045,000,000. TITLE II—RESERVE FUNDS (B) Outlays, $183,281,000,000. (B) Outlays, ¥$123,045,000,000. SEC. 201. DEFICIT-REDUCTION RESERVE FUND Fiscal year 2014: Fiscal year 2019: FOR THE SALE OF UNUSED OR VA- (A) New budget authority, $184,653,000,000. (A) New budget authority, CANT FEDERAL PROPERTIES. (B) Outlays, $184,653,000,000. ¥$133,352,000,000. The Chairman of the Committee on the Fiscal year 2015: (B) Outlays, ¥$133,352,000,000. Budget of the Senate may reduce the alloca- (A) New budget authority, $211,497,000,000. Fiscal year 2020: tions of a committee or committees, aggre- (B) Outlays, $211,497,000,000. (A) New budget authority, gates, and other appropriate levels and lim- Fiscal year 2016: ¥$138,451,000,000. its in this resolution for one or more bills, (A) New budget authority, $293,109,000,000. (B) Outlays, ¥$138,451,000,000. joint resolutions, amendments, motions, or (B) Outlays, $293,109,000,000. Fiscal year 2021: conference reports that achieve savings by Fiscal year 2017: (A) New budget authority, selling any unused or vacant Federal prop- (A) New budget authority, $361,394,000,000. ¥$144,197,000,000. erties. The Chairman may also make adjust- (B) Outlays, $361,394,000,000. (B) Outlays, ¥$144,197,000,000. ments to the Senate’s pay-as-you-go ledger Fiscal year 2018: Fiscal year 2022: over 10 years to ensure that the deficit re- (A) New budget authority, $440,040,000,000. (A) New budget authority, duction achieved is used for deficit reduction (B) Outlays, $440,040,000,000. ¥$150,911,000,000. only. The adjustments authorized under this Fiscal year 2019: (B) Outlays, ¥$150,911,000,000. section shall be of the amount of deficit re- (A) New budget authority, $501,224,000,000. (21) Global War on Terrorism (970): duction achieved. (B) Outlays, $501,224,000,000. Fiscal year 2012: SEC. 202. DEFICIT-REDUCTION RESERVE FUND Fiscal year 2020: (A) New budget authority, $126,544,000,000. FOR SELLING EXCESS FEDERAL LAND. (A) New budget authority, $536,534,000,000. (B) Outlays, $126,544,000,000. The Chairman of the Committee on the (B) Outlays, $536,534,000,000. Fiscal year 2013: Budget of the Senate may reduce the alloca- Fiscal year 2021: (A) New budget authority, $50,000,000,000. tions of a committee or committees, aggre- (A) New budget authority, $565,473,000,000. (B) Outlays, $50,000,000,000. gates, and other appropriate levels and lim- (B) Outlays, $565,473,000,000. Fiscal year 2014: its in this resolution for one or more bills, Fiscal year 2022: (A) New budget authority, $0. joint resolutions, amendments, motions, or (A) New budget authority, (B) Outlays, $0. conference reports that achieve savings by ¥ $588,933,000,000. Fiscal year 2015: selling any excess Federal land. The Chair- ¥ (B) Outlays, $588,933,000,000. (A) New budget authority, $0. man may also make adjustments to the Sen- (19) Allowances (920): (B) Outlays, $0. ate’s pay-as-you-go ledger over 10 years to Fiscal year 2012 Fiscal year 2016: ensure that the deficit reduction achieved is (A) New budget authority, ¥$45,400,000,000. (A) New budget authority, $0. used for deficit reduction only. The adjust- (B) Outlays, ¥$45,400,000,000. (B) Outlays, $0. ments authorized under this section shall be Fiscal year 2013: Fiscal year 2017: of the amount of deficit reduction achieved. ¥ (A) New budget authority, $57,358,000,000. (A) New budget authority, $0. SEC. 203. DEFICIT-REDUCTION RESERVE FUND (B) Outlays, ¥$57,358,000,000. (B) Outlays, $0. FOR THE REPEAL OF DAVIS-BACON Fiscal year 2014: Fiscal year 2018: PREVAILING WAGE LAWS. (A) New budget authority, ¥$71,118,000,000. (A) New budget authority, $0. The Chairman of the Committee on the (B) Outlays, ¥$71,118,000,000. (B) Outlays, $0. Budget of the Senate may reduce the alloca- Fiscal year 2015: Fiscal year 2019: tions of a committee or committees, aggre- (A) New budget authority, ¥$79,148,000,000. (A) New budget authority, $0. gates, and other appropriate levels and lim- (B) Outlays, ¥$79,148,000,000. (B) Outlays, $0. its in this resolution for one or more bills,

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The Chairman may also make adjust- (3) for fiscal year 2014, $891,861,000,000 in authority and the outlays flowing therefrom; ments to the Senate’s pay-as-you-go ledger new budget authority and $965,519,000,000 in (vii) for fiscal year 2018, $0 in new budget over 10 years to ensure that the deficit re- outlays; authority and the outlays flowing therefrom; duction achieved is used for deficit reduction (4) for fiscal year 2015, $906,188,000,000 in (viii) for fiscal year 2019, $0 in new budget only. The adjustments authorized under this new budget authority and $943,141,000,000 in authority and the outlays flowing therefrom; section shall be of the amount of deficit re- outlays; (ix) for fiscal year 2020, $0 in new budget duction achieved. (5) for fiscal year 2016 $921,824,000,000 in new authority and the outlays flowing therefrom; SEC. 204. DEFICIT-REDUCTION RESERVE FUND budget authority and $955,362,000,000 in out- (x) for fiscal year 2021, $0 in new budget au- FOR THE REDUCTION OF PUR- lays; thority and the outlays flowing therefrom; CHASING AND MAINTAINING FED- (6) for fiscal year 2017, $939,918,000,000 in and ERAL VEHICLES. new budget authority and $964,874,000,000 in (xi) for fiscal year 2022, $0 in new budget The Chairman of the Committee on the outlays; authority and the outlays flowing therefrom. Budget of the Senate may reduce the alloca- (7) for fiscal year 2018, $958,654,000,000 in SEC. 302. POINT OF ORDER AGAINST ADVANCE tions of a committee or committees, aggre- new budget authority and $974,728,000,000 in APPROPRIATIONS. gates, and other appropriate levels and lim- outlays; (a) POINT OF ORDER.—It shall not be in its in this resolution for one or more bills, (8) for fiscal year 2019, $977,693,000,000 in order in the Senate to consider any bill, joint resolutions, amendments, motions, or new budget authority and $998,696,000,000 in joint resolution, motion, amendment, or con- conference reports that achieve savings by outlays; ference report that would provide an advance reducing the federal vehicles fleet. The (9) for fiscal year 2020, $997,939,000,000 in appropriation. Chairman may also make adjustments to the new budget authority and $1,018,172,000,000 in (b) DEFINITION.—In this section, the term Senate’s pay-as-you-go ledger over 10 years outlays; ‘‘advance appropriation’’ means any new to ensure that the deficit reduction achieved (10) for fiscal year 2021, $1,018,340,000,000 in budget authority provided in a bill or joint is used for deficit reduction only. The adjust- new budget authority and $1,038,189,000,000 in resolution making appropriations for fiscal ments authorized under this section shall be outlays; and year 2013 that first becomes available for any of the amount of deficit reduction achieved. (11) for fiscal year 2022, $1,040,081,000,000 in fiscal year after 2012, or any new budget au- new budget authority and $1,064,838,000,000 in SEC. 205. DEFICIT-REDUCTION RESERVE FUND thority provided in a bill or joint resolution FOR THE SALE OF FINANCIAL AS- outlays; making general appropriations or continuing SETS PURCHASED THROUGH THE as adjusted in conformance with the adjust- appropriations for fiscal year 2013, that first TROUBLED ASSET RELIEF PRO- ment procedures in subsection (c). becomes available for any fiscal year after GRAM. (c) ADJUSTMENTS IN THE SENATE.— 2013. The Chairman of the Committee on the (1) IN GENERAL.—After the reporting of a SEC. 303. EMERGENCY LEGISLATION. Budget of the Senate may reduce the alloca- bill or joint resolution relating to any mat- (a) AUTHORITY TO DESIGNATE.—In the Sen- tions of a committee or committees, aggre- ter described in paragraph (2), or the offering ate, with respect to a provision of direct gates, and other appropriate levels and lim- of an amendment or motion thereto or the spending or receipts legislation or appropria- its in this resolution for one or more bills, submission of a conference report thereon— tions for discretionary accounts that Con- joint resolutions, amendments, motions, or (A) the Chairman of the Committee on the gress designates as an emergency require- conference reports that achieve savings by Budget of the Senate may adjust the discre- ment in such measure, the amounts of new selling financial instruments and equity ac- tionary spending limits, budgetary aggre- budget authority, outlays, and receipts in all cumulated through the Troubled Asset Relief gates, and allocations pursuant to section fiscal years resulting from that provision Program. The Chairman may also make ad- 302(a) of the Congressional Budget Act of shall be treated as an emergency require- justments to the Senate’s pay-as-you-go 1974, by the amount of new budget authority ment for the purpose of this section. ledger over 10 years to ensure that the def- in that measure for that purpose and the (b) EXEMPTION OF EMERGENCY PROVI- outlays flowing therefrom; and icit reduction achieved is used for deficit re- SIONS.—Any new budget authority, outlays, (B) following any adjustment under sub- duction only. The adjustments authorized and receipts resulting from any provision paragraph (A), the Committee on Appropria- under this section shall be of the amount of designated as an emergency requirement, tions of the Senate may report appropriately deficit reduction achieved. pursuant to this section, in any bill, joint revised suballocations pursuant to section resolution, amendment, or conference report TITLE III—BUDGET PROCESS 302(b) of the Congressional Budget Act of 1974 shall not count for purposes of sections 302 Subtitle A—Budget Enforcement to carry out this subsection. and 311 of the Congressional Budget Act of SEC. 301. DISCRETIONARY SPENDING LIMITS FOR (2) ADJUSTMENTS TO SUPPORT ONGOING 1974, section 201 of S. Con. Res. 21 (110th Con- FISCAL YEARS 2012 THROUGH 2022, OVERSEAS DEPLOYMENTS AND OTHER ACTIVI- gress) (relating to pay-as-you-go), section 311 PROGRAM INTEGRITY INITIATIVES, TIES.— of S. Con. Res. 70 (110th Congress) (relating AND OTHER ADJUSTMENTS. (A) ADJUSTMENTS.—The Chairman of the to long-term deficits), and section 404 of S. (a) SENATE POINT OF ORDER.— Committee on the Budget of the Senate may Con. Res. 13 (111th Congress) (relating to (1) IN GENERAL.—Except as otherwise pro- adjust the discretionary spending limits, al- short-term deficits), and section 301 of this vided in this section, it shall not be in order locations to the Committee on Appropria- resolution (relating to discretionary spend- in the Senate to consider any bill or joint tions of the Senate, and aggregates for one ing). Designated emergency provisions shall resolution (or amendment, motion, or con- or more— not count for the purpose of revising alloca- ference report on that bill or joint resolu- (i) bills reported by the Committee on Ap- tions, aggregates, or other levels pursuant to tion) that would cause the discretionary propriations of the Senate or passed by the procedures established under section 301(b)(7) spending limits in this section to be exceed- House of Representatives; of the Congressional Budget Act of 1974 for ed. (ii) joint resolutions or amendments re- deficit-neutral reserve funds and revising (2) SUPERMAJORITY WAIVER AND APPEALS.— ported by the Committee on Appropriations discretionary spending limits set pursuant to (A) WAIVER.—This subsection may be of the Senate; section 301 of this resolution. waived or suspended in the Senate only by (iii) amendments between the Houses re- (c) DESIGNATIONS.—If a provision of legisla- the affirmative vote of two-thirds of the ceived from the House of Representatives or tion is designated as an emergency require- Members, duly chosen and sworn. Senate amendments offered by the authority ment under this section, the committee re- (B) APPEALS.—Appeals in the Senate from of the Committee on Appropriations of the port and any statement of managers accom- the decisions of the Chair relating to any Senate; or panying that legislation shall include an ex- provision of this subsection shall be limited (iv) conference reports; planation of the manner in which the provi- to 1 hour, to be equally divided between, and making appropriations for overseas deploy- sion meets the criteria in subsection (f). controlled by, the appellant and the manager ments and other activities in the amounts (d) DEFINITIONS.—In this section, the terms of the bill or joint resolution. An affirmative specified in subparagraph (B). ‘‘direct spending’’, ‘‘receipts’’, and ‘‘appro- vote of two-thirds of the Members of the (B) AMOUNTS SPECIFIED.—The amounts priations for discretionary accounts’’ mean Senate, duly chosen and sworn, shall be re- specified are— any provision of a bill, joint resolution, quired to sustain an appeal of the ruling of (i) for fiscal year 2012, $126,544,000,000 in amendment, motion, or conference report the Chair on a point of order raised under new budget authority and the outlays flow- that affects direct spending, receipts, or ap- this subsection. ing therefrom; propriations as those terms have been de- (b) SENATE DISCRETIONARY SPENDING LIM- (ii) for fiscal year 2013, $50,000,000,000 in fined and interpreted for purposes of the Bal- ITS.—In the Senate and as used in this sec- new budget authority and the outlays flow- anced Budget and Emergency Deficit Control tion, the term ‘‘discretionary spending ing therefrom; Act of 1985. limit’’ means— (iii) for fiscal year 2014, $0 in new budget (e) POINT OF ORDER.— (1) for fiscal year 2012, $1,201,863,000,000 in authority and the outlays flowing therefrom; (1) IN GENERAL.—When the Senate is con- new budget authority and $1,308,512,000,000 in (iv) for fiscal year 2015, $0 in new budget sidering a bill, resolution, amendment, mo- outlays; authority and the outlays flowing therefrom; tion, or conference report, if a point of order

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is made by a Senator against an emergency (b) COVERED POINTS OF ORDER.—The Chair- SEC. 313. ADJUSTMENTS TO REFLECT CHANGES designation in that measure, that provision man of the Committee on the Budget of the IN CONCEPTS AND DEFINITIONS. making such a designation shall be stricken Senate may make adjustments pursuant to Upon the enactment of a bill or joint reso- from the measure and may not be offered as this section for the following points of order lution providing for a change in concepts or an amendment from the floor. only: definitions, the Chairman of the Committee (2) SUPERMAJORITY WAIVER AND APPEALS.— (1) Section 201 of S. Con. Res. 21 (110th Con- on the Budget of the Senate may make ad- (A) WAIVER.—Paragraph (1) may be waived gress) (relating to pay-as-you-go). justments to the levels and allocations in or suspended in the Senate only by an af- (2) Section 311 of S. Con. Res. 70 (110th Con- this resolution in accordance with section firmative vote of two-thirds of the Members, gress) (relating to long-term deficits). 251(b) of the Balanced Budget and Emergency duly chosen and sworn. (3) Section 404 of S. Con. Res. 13 (111th Con- Deficit Control Act of 1985 (as in effect prior (B) APPEALS.—Appeals in the Senate from gress) (relating to short-term deficits). to September 30, 2002). the decisions of the Chair relating to any (c) QUALIFYING LEGISLATION.—The Chair- SEC. 314. RESCIND UNSPENT OR UNOBLIGATED provision of this subsection shall be limited man of the Committee on the Budget of the BALANCES AFTER 36 MONTHS. to 1 hour, to be equally divided between, and Senate may make adjustments authorized (a) APPLICATION.—Any adjustments of allo- controlled by, the appellant and the manager under subsection (a) for legislation con- cations and aggregates made pursuant to of the bill or joint resolution, as the case taining provisions that— this resolution shall require that any unobli- may be. An affirmative vote of three-fifths of (1) amend or supersede the system for up- gated or unspent allocations be rescinded the Members of the Senate, duly chosen and dating payments made under subsections after 36 months. sworn, shall be required to sustain an appeal 1848 (d) and (f) of the Social Security Act, (b) EFFECT OF CHANGED ALLOCATIONS AND of the ruling of the Chair on a point of order consistent with section 7(c) of the Statutory AGGREGATES.—Revised allocations and ag- raised under this subsection. Pay-As-You-Go Act of 2010 (Public Law 111– gregates resulting from these adjustments (3) DEFINITION OF AN EMERGENCY DESIGNA- 139); resulting from the required rescissions shall TION.—For purposes of paragraph (1), a provi- (2) amend the Internal Revenue Code of be considered for the purposes of the Con- sion shall be considered an emergency des- 1986, in order to establish a single, flat tax gressional Budget Act of 1974 as allocations ignation if it designates any item as an rate of 17 percent consistent with section and aggregates contained in this resolution. emergency requirement pursuant to this sub- 7(d) of the Statutory Pay-As-You-Go Act of (c) BUDGET COMMITTEE DETERMINATIONS.— section. 2010; and For purposes of this resolution the levels of (4) FORM OF THE POINT OF ORDER.—A point (3) extend relief from the Alternative Min- new budget authority, outlays, direct spend- of order under paragraph (1) may be raised imum Tax for individuals under sections 55– ing, new entitlement authority, revenues, by a Senator as provided in section 313(e) of 59 of the Internal Revenue Code of 1986, con- deficits, and surpluses for a fiscal year or pe- the Congressional Budget Act of 1974. sistent with section 7(e) of the Statutory riod of fiscal years shall be determined on (5) CONFERENCE REPORTS.—When the Sen- Pay-As-You-Go Act of 2010. the basis of estimates made by the Com- mittee on the Budget of the Senate. ate is considering a conference report on, or (d) DEFINITION.—For the purposes of this an amendment between the Houses in rela- section, the terms ‘‘budgetary effects’’ or TITLE IV—RECONCILIATION tion to, a bill, upon a point of order being ‘‘effects’’ mean the amount by which a provi- SEC. 401. RECONCILIATION IN THE SENATE. made by any Senator pursuant to this sec- sion changes direct spending or revenues rel- (a) SUBMISSION TO PROVIDE FOR THE RE- tion, and such point of order being sustained, ative to the baseline. FORM OF MANDATORY SPENDING.— such material contained in such conference (e) SUNSET.—This section shall expire on (1) IN GENERAL.—Not later than September report shall be deemed stricken, and the Sen- December 31, 2012. 1, 2012, the Senate committees named in ate shall proceed to consider the question of Subtitle B—Other Provisions paragraph (2) shall submit their rec- whether the Senate shall recede from its ommendations to the Committee on the amendment and concur with a further SEC. 311. OVERSIGHT OF GOVERNMENT PER- Budget of the United States Senate. After re- amendment, or concur in the House amend- FORMANCE. ceiving those recommendations from the ap- ment with a further amendment, as the case In the Senate, all committees are directed plicable committees of the Senate, the Com- may be, which further amendment shall con- to review programs and tax expenditures mittee on the Budget shall report to the Sen- sist of only that portion of the conference re- within their jurisdiction to identify waste, ate a reconciliation bill carrying out all such port or House amendment, as the case may fraud, abuse or duplication, and increase the recommendations without substantive revi- be, not so stricken. Any such motion in the use of performance data to inform com- sion. Senate shall be debatable. In any case in mittee work. Committees are also directed (2) INSTRUCTIONS.— which such point of order is sustained to review the matters for congressional con- (A) COMMITTEE ON FOREIGN RELATIONS.— against a conference report (or Senate sideration identified on the Government Ac- The Committee on Foreign Relations shall amendment derived from such conference re- countability Office’s High Risk list reports. report changes in law within its jurisdiction port by operation of this subsection), no fur- Based on these oversight efforts and per- sufficient to reduce direct spending by ther amendment shall be in order. formance reviews of programs within their $2,864,000,000 for the period of fiscal years (f) CRITERIA.— jurisdiction, committees are directed to in- 2013 through 2022. (1) IN GENERAL.—For purposes of this sec- clude recommendations for improved govern- (B) COMMITTEE ON COMMERCE, SCIENCE, AND tion, any provision is an emergency require- mental performance in their annual views TRANSPORTATION.—The Committee on Com- ment if the situation addressed by such pro- and estimates reports required under section merce, Science, and Transportation shall re- vision is— 301(d) of the Congressional Budget Act of 1974 port changes in law within its jurisdiction (A) necessary, essential, or vital (not mere- to the Committees on the Budget. sufficient to reduce direct spending outlays ly useful or beneficial); SEC. 312. APPLICATION AND EFFECT OF by $2,432,000,000 for the period of fiscal years (B) sudden, quickly coming into being, and CHANGES IN ALLOCATIONS AND AG- 2013 through 2022. not building up over time; GREGATES. (C) COMMITTEE ON AGRICULTURE, NUTRITION, (C) an urgent, pressing, and compelling (a) APPLICATION.—Any adjustments of allo- AND FORESTRY.—The Committee on Agri- need requiring immediate action; cations and aggregates made pursuant to culture, Nutrition, and Forestry shall report (D) subject to subparagraph (B), unfore- this resolution shall— changes in law within its jurisdiction suffi- seen, unpredictable, and unanticipated; and (1) apply while that measure is under con- cient to reduce direct spending outlays by (E) not permanent, temporary in nature. sideration; $6,100,000,000 for the period of fiscal years (2) UNFORESEEN.—An emergency that is (2) take effect upon the enactment of that 2013 through 2022. part of an aggregate level of anticipated measure; and (D) COMMITTEE ON ENVIRONMENT AND PUBLIC emergencies, particularly when normally es- (3) be published in the Congressional WORKS.—The Committee on Environment timated in advance, is not unforeseen. Record as soon as practicable. and Public Works shall report changes in (g) INAPPLICABILITY.—In the Senate, sec- tion 403 of S. Con. Res. 13 (111th Congress), (b) EFFECT OF CHANGED ALLOCATIONS AND laws within its jurisdiction sufficient to re- the concurrent resolution on the budget for AGGREGATES.—Revised allocations and ag- duce direct spending outlays by $3,422,000,000 fiscal year 2010, shall no longer apply. gregates resulting from these adjustments for the period of fiscal years 2013 through shall be considered for the purposes of the SEC. 304. ADJUSTMENTS FOR THE EXTENSION OF 2022. CERTAIN CURRENT POLICIES. Congressional Budget Act of 1974 as alloca- (E) COMMITTEE ON HEALTH, EDUCATION, (a) ADJUSTMENT.—For the purposes of de- tions and aggregates contained in this reso- LABOR, AND PENSIONS.—The Committee on termining points of order specified in sub- lution. Health, Education, Labor, and Pensions shall section (b), the Chairman of the Committee (c) BUDGET COMMITTEE DETERMINATIONS.— report changes in laws within its jurisdiction on the Budget of the Senate may adjust the For purposes of this resolution the levels of sufficient to reduce direct spending outlays estimate of the budgetary effects of a bill, new budget authority, outlays, direct spend- by $1,584,000,000,000 for the period of fiscal joint resolution, amendment, motion, or con- ing, new entitlement authority, revenues, years 2013 through 2022. ference report that contains one or more pro- deficits, and surpluses for a fiscal year or pe- (F) COMMITTEE ON FINANCE.—The Com- visions meeting the criteria of subsection (c) riod of fiscal years shall be determined on mittee on Finance shall report changes in to exclude the amounts of qualifying budg- the basis of estimates made by the Com- laws within its jurisdiction sufficient to re- etary effects. mittee on the Budget of the Senate. duce direct spending outlays by

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$3,473,634,000,000 for the period of fiscal years the agency to continue to enforce reasonable (3) SUNSET ALL REGULATIONS.—It shall be 2013 through 2022. minimal stands for plans, ensure the plans the policy of Congress that regulations im- (G) COMMITTEE ON ENERGY AND NATURAL RE- are fiscally solvent, and enforces rules for posed by the Federal Government shall auto- SOURCES.—The Committee on Energy and consumer protections. matically sunset every 2 years unless re- Natural Resources shall report changes in (4) The legislation must create a new promulgated by Congress. laws within its jurisdiction sufficient to re- ‘‘high-risk pool’’ for the highest cost pa- (4) PROCESS REFORM.—It shall be the policy duce direct spending outlays by $7,818,000,000 tients, providing a direct reimbursement to of Congress to implement regulatory process for the period of fiscal years 2013 through health care plans that enroll the costliest 5 reform by instituting statutorily require 2022. percent of patients. regulatory impact analysis for all agencies, (b) SUBMISSION OF REVISED ALLOCATIONS.— (5) Ensures that every senior can afford the require the publication of regulatory impact Upon the submission to the Committee on high-quality insurance offered by FEHBP, analysis before the regulation is finalized, the Budget of the Senate of a recommenda- providing support for 75 percent of the total and ensure that not only are regulatory im- tion that has complied with its reconcili- costs, providing additional premium assist- pact analysis conducted, but applied to the ation instructions solely by virtue of section ance to those who cannot afford the remain- issued regulation or rulemaking. 310(c) of the Congressional Budget Act of ing share. (5) INCORPORATION OF FORMAL RULEMAKING 1974, the chairman of that committee may (6) The legislation must increase the age of FOR MAJOR RULES.—It shall be the policy of file with the Senate revised allocations eligibility gradually over 20 years, increas- Congress to apply formal rulemaking proce- under section 302(a) of such Act and revised ing the age from 65 to 70, resulting in a 3- dures to all major regulations or those regu- functional levels and aggregates. month increase per year. lations that exceed $100,000,000 in aggregate SEC. 402. DIRECTIVE TO THE COMMITTEE ON THE (7) High-income seniors will be provided economic costs. BUDGET OF THE SENATE TO RE- less premium support than low-income sen- f PLACE THE SEQUESTER ESTAB- iors. LISHED BY THE BUDGET CONTROL SEC. 503. POLICY STATEMENT ON TAX REFORM. AMENDMENTS SUBMITTED AND ACT OF 2011. It is the policy of this concurrent resolu- PROPOSED (a) SUBMISSION.—In the Senate, the Com- tion that Congress and the relevant commit- mittee on the Budget shall report to the Sen- tees of jurisdiction enact legislation to en- SA 2000. Mr. REID (for Mr. LIEBERMAN (for ate a bill carrying out the directions set sure a tax reform that broadens the tax base, himself, Ms. COLLINS, Mr. CARPER, and Mr. forth in subsection (b). reduces tax complexity, includes a consump- BROWN of Massachusetts)) submitted an (b) DIRECTIONS.—The bill referred to in sub- tion-based income tax, and a globally com- amendment intended to be proposed by Mr. section (a) shall include the following provi- petitive flat tax as follows: REID to the bill S. 1789, to improve, sustain, sions: (1) This concurrent resolution shall elimi- and transform the United States Postal (1) REPLACING THE SEQUESTER ESTABLISHED nate all tax brackets and have one standard Service; which was ordered to lie on the BY THE BUDGET CONTROL ACT OF 2011.—The lan- flat tax rate of 17 percent on adjusted gross table. guage shall amend section 251A of the Bal- income. The individual tax code shall re- f anced Budget and Emergency Deficit Control move all credits and deductions, with excep- Act of 1985 to replace the sequester estab- tion to the mortgage interest deduction, off- TEXT OF AMENDMENTS lished under that section consistent with setting these with a substantially higher SA 2000. Mr. REID (for Mr. LIEBER- this concurrent resolution. standard deduction and personal exemption. MAN (for himself, Ms. COLLINS, Mr. CAR- (2) APPLICATION OF PROVISIONS.—The bill The standard deduction for joint filers is PER, and Mr. BROWN of Massachusetts)) referred to in subsection (a) shall include $30,320, $19,350 for head of household, and language making it application contingent $15,160 for single filers. The personal exemp- submitted an amendment intended to upon the enactment of the reconciliation bill tion amount is $6,530. This proposal elimi- be proposed by Mr. REID to the bill S. referred to in section 401. nates the individual alternative minimum 1789, to improve, sustain, and trans- TITLE V—CONGRESSIONAL POLICY tax (AMT). The tax reform would repeal all form the United States Postal Service; CHANGES tax on savings and investments, including which was ordered to lie on the table; SEC. 501. POLICY STATEMENT ON SOCIAL SECU- capital gains, qualified and ordinary divi- as follows: RITY. dends, estate, gift, and interest saving taxes. Strike all after the enacting clause and in- It is the policy of this concurrent resolu- (2) This concurrent resolution shall elimi- sert the following: tion that Congress and the relevant commit- nate all tax brackets and have one standard tees of jurisdiction enact legislation to en- flat tax of 17 percent on adjusted gross in- SECTION 1. SHORT TITLE. sure the Social Security System achieves come. The business tax code shall remove all This Act may be cited as the ‘‘21st Century solvency over the 75 year window as follows: credits and deductions, offsetting these with Postal Service Act of 2012’’. (1) The legislation must modify the Pri- a lower tax rate and immediate expensing of SEC. 2. TABLE OF CONTENTS. mary Insurance Amount formula between all business inputs. Such inputs shall be de- The table of contents for this Act is as fol- 2018 and 2055 to gradually reduce benefits on termined by total revenue from the sale of lows: a progressive basis for works with career-av- good and services less purchases of inputs Sec. 1. Short title. erage earnings above the 40th percentile of from other firms less wages, salaries, and Sec. 2. Table of contents. new retired workers. pensions paid to workers less purchases of Sec. 3. Definitions. (2) The normal retirement age will in- plant and equipment. TITLE I—POSTAL WORKFORCE MATTERS crease by 3 months each year starting with (3) The individuals and businesses would be individuals reaching age 62 in 2017 and stop- subject to taxation on only those incomes Sec. 101. Treatment of postal funding sur- ping with the normal retirement age reaches that are produced or derived, as a territorial plus for Federal Employees Re- the age of 70 for individuals reaching the age system in the United States. The aggregate tirement System. of 62 in 2032. taxes paid should provide the ability to fill Sec. 102. Incentives for voluntary separa- (3) The earliest eligibility age will be in- out a tax return no larger than a postcard. tion. creased by 3 months per year starting with TITLE VI—SENSE OF CONGRESS Sec. 103. Restructuring of payments for re- individuals reaching age 62 in 2021 and will tiree health benefits. SEC. 601. REGULATORY REFORM. Sec. 104. Postal Service Health Benefits Pro- stop with the reaches age 64 for individuals It is the policy of this concurrent resolu- gram. reaching the age 62 in 2028 or later. tion that Congress and the relevant commit- Sec. 105. Medicare coordination efforts for SEC. 502. POLICY STATEMENT ON MEDICARE. tees of jurisdiction enact legislation to en- Postal Service employees and It is the policy of this concurrent resolu- sure a regulatory reform as follows: retirees. tion that Congress and the relevant commit- (1) APPLY REGULATORY ANALYSIS REQUIRE- Sec. 106. Arbitration; labor disputes. tees of jurisdiction enact legislation to en- MENTS TO INDEPENDENT AGENCIES.—It shall be sure a reduction in the unfunded liabilities the policy of Congress to pass into law a re- TITLE II—POSTAL SERVICES AND of Medicare as follows: quirement for independent agencies to abide OPERATIONS (1) Enrolls seniors in the same health care by the same regulatory analysis requirement Sec. 201. Maintenance of delivery service plan as Federal employees and Members of as those required by executive branch agen- standards. Congress, similar to the Federal Employee cies Sec. 202. Preserving mail processing capac- Health Benefits Plan (FEHBP). (2) ADOPT THE REGULATIONS FROM THE EXEC- ity. (2) Beginning on January 1, 2014, the Direc- UTIVE IN NEED OF SCRUTINY ACT (REINS).—It Sec. 203. Establishment of retail service tor of the Office of Personnel Management shall be the of Congress to vote on the Exec- standards. shall ensure seniors currently enrolled or eli- utive In Need of Scrutiny Act, legislation Sec. 204. Expanded retail access. gible for Medicare will have access to Con- that would require all regulations that im- Sec. 205. Preserving community post offices. gressional Health Care for Seniors Act. pose a burden greater than $100 million in Sec. 206. Area and district office structure. (3) Prevents the Office of Personnel and economic aggregate may not be implement Sec. 207. Conversion of door delivery points. Management from placing onerous new man- as law unless Congress gives their consent by Sec. 208. Limitations on changes to mail de- dates on health insurance plans, but allows voting on the rule. livery schedule.

VerDate Mar 15 2010 05:33 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0655 E:\CR\FM\A16AP6.025 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2334 CONGRESSIONAL RECORD — SENATE April 16, 2012 Sec. 209. Time limits for consideration of funding surplus to the United States Postal ‘‘(m)(1)(A) For an employee of the United service changes. Service within 10 days after a request by the States Postal Service who is covered under Sec. 210. Public procedures for significant Postmaster General. this chapter and voluntarily separates from changes to mailing specifica- ‘‘(C) For each of fiscal years 2011, 2012, 2013, service before October 1, 2015, the Office, if so tions. and 2014 if the amount computed under para- directed by the United States Postal Service, Sec. 211. Nonpostal products and services. graph (1)(B) is less than zero, a portion of the shall add not more than 2 years to the total Sec. 212. Chief Innovation Officer; innova- postal funding surplus for the fiscal year creditable service of the employee for pur- tion strategy. shall be used by the United States Postal poses of determining entitlement to and Sec. 213. Strategic Advisory Commission on Service for the cost of providing incentives computing the amount of an annuity under Postal Service Solvency and In- for voluntary separation, in accordance with this chapter (except for a disability annuity novation. section 102 of the 21st Century Postal Service under subchapter V of that chapter). Act of 2012 and sections 8332(p) and 8411(m) of ‘‘(B) An employee who receives additional TITLE III—FEDERAL EMPLOYEES’ creditable service under this paragraph may COMPENSATION ACT this title, to employees of the United States Postal Service who voluntarily separate not receive a voluntary separation incentive Sec. 301. Short title; references. from service before October 1, 2015. payment from the United States Postal Sec. 302. Federal workers compensation re- ‘‘(D) Any postal funding surplus for a fiscal Service. forms for retirement-age em- year not expended under subparagraph (C) ‘‘(2) The United States Postal Service shall ployees. may be used by the United States Postal ensure that the average actuarial present Sec. 303. Augmented compensation for de- Service for the purposes of— value of the additional liability of the United States Postal Service to the Fund re- pendents. ‘‘(i) repaying any obligation issued under Sec. 304. Schedule compensation payments. sulting from additional creditable service section 2005 of title 39; or Sec. 305. Vocational rehabilitation. provided under paragraph (1) or section ‘‘(ii) making required payments to— Sec. 306. Reporting requirements. 8332(p)(1) is not more than $25,000 per em- ‘‘(I) the Employees’ Compensation Fund es- Sec. 307. Disability management review; ployee provided additional creditable service tablished under section 8147; independent medical examina- under paragraph (1) or section 8332(p)(1) ‘‘(II) the Postal Service Retiree Health tions. ‘‘(3)(A) Subject to subparagraph (B), and Benefits Fund established under section Sec. 308. Waiting period. notwithstanding any other provision of law, 8909a; Sec. 309. Election of benefits. no deduction, deposit, or contribution shall ‘‘(III) the Employees Health Benefits Fund Sec. 310. Sanction for noncooperation with be required for service credited under this established under section 8909; or field nurses. subsection. ‘‘(IV) the Civil Service Retirement and Sec. 311. Subrogation of continuation of pay. ‘‘(B) The actuarial present value of the ad- Disability Fund.’’. Sec. 312. Integrity and compliance. ditional liability of the United States Postal Sec. 313. Amount of compensation. SEC. 102. INCENTIVES FOR VOLUNTARY SEPARA- Service to the Fund resulting from this sub- TION. Sec. 314. Technical and conforming amend- section shall be included in the amount cal- (a) VOLUNTARY SEPARATION INCENTIVE PAY- ments. culated under section 8423(b)(1)(B).’’. MENTS.—The Postal Service may provide vol- (c) GOALS.— Sec. 315. Regulations. untary separation incentive payments to em- (1) IN GENERAL.—The Postal Service shall Sec. 316. Effective date. ployees of the Postal Service who volun- offer incentives for voluntary separation TITLE IV—OTHER MATTERS tarily separate from service before October 1, under this section and the amendments made Sec. 401. Solvency plan. 2015 (including payments to employees who by this section as a means of ensuring that Sec. 402. Postal rates. retire under section 8336(d)(2) or 8414(b)(1)(B) the size and cost of the workforce of the Sec. 403. Co-location with Federal agencies. of title 5, United States Code, before October Postal Service is appropriate to the work re- Sec. 404. Cooperation with State and local 1, 2015), which may not exceed the maximum quired of the Postal Service, including con- governments; intra-Service amount provided under section 3523(b)(3)(B) sideration of— agreements. of title 5, United States Code, for any em- (A) the closure and consolidation of postal Sec. 405. Shipping of wine, beer, and dis- ployee. facilities; tilled spirits. (b) ADDITIONAL SERVICE CREDIT.— (B) the ability to operate existing postal Sec. 406. Annual report on United States (1) CIVIL SERVICE RETIREMENT SYSTEM.— facilities more efficiently, including by re- mailing industry. Section 8332 of title 5, United States Code, is ducing the size or scope of operations of Sec. 407. Use of negotiated service agree- amended by adding at the end the following: postal facilities in lieu of closing postal fa- ments. ‘‘(p)(1)(A) For an employee of the United cilities; and Sec. 408. Contract disputes. States Postal Service who is covered under (C) the number of employees eligible, or Sec. 409. Contracting provisions. this subchapter and voluntarily separates projected in the near-term to be eligible, for SEC. 3. DEFINITIONS. from service before October 1, 2015, the Of- retirement, including early retirement. In this Act, the following definitions shall fice, if so directed by the United States Post- (2) PERCENTAGE GOAL.—The Postal Service apply: al Service, shall add not more than 1 year to shall offer incentives for voluntary separa- (1) COMMISSION.—The term ‘‘Commission’’ the total creditable service of the employee tion under this section to a sufficient num- means the Postal Regulatory Commission. for purposes of determining entitlement to ber of employees as would reasonably be ex- (2) POSTAL SERVICE.—The term ‘‘Postal and computing the amount of an annuity pected to lead to an 18 percent reduction in Service’’ means the United States Postal under this subchapter (except for a disability the total number of career employees of the Service. annuity under section 8337). Postal Service by the end of fiscal year 2015. ‘‘(B) An employee who receives additional TITLE I—POSTAL WORKFORCE MATTERS (3) DEFINITION.—In this subsection, the creditable service under this paragraph may term ‘‘career employee of the Postal Serv- SEC. 101. TREATMENT OF POSTAL FUNDING SUR- not receive a voluntary separation incentive ice’’ means an employee of the Postal Serv- PLUS FOR FEDERAL EMPLOYEES RE- payment from the United States Postal ice— TIREMENT SYSTEM. Service. (A) whose appointment is not for a limited Section 8423(b) of title 5, United States ‘‘(2) The United States Postal Service shall period; and Code, is amended— ensure that the average actuarial present (B) who is eligible for benefits, including (1) by redesignating paragraph (5) as para- value of the additional liability of the retirement coverage under chapter 83 or 84 of graph (6); and United States Postal Service to the Fund re- title 5, United States Code. (2) by inserting after paragraph (4) the fol- sulting from additional creditable service (d) FUNDING.—The Postal Service shall lowing: provided under paragraph (1) or section carry out subsection (a) and sections 8332(p) ‘‘(5)(A) In this paragraph, the term ‘postal 8411(m)(1) is not more than $25,000 per em- and 8411(m) of title 5, United States Code, as funding surplus’ means the amount by which ployee provided additional creditable service added by subsection (b) of this section, using the amount computed under paragraph (1)(B) under paragraph (1) or section 8411(m)(1). funds made available under section is less than zero. ‘‘(3)(A) Subject to subparagraph (B), and 8423(b)(5)(C) of title 5, United States Code, as ‘‘(B)(i) Beginning with fiscal year 2011, for notwithstanding any other provision of law, amended by section 101 of this Act. each fiscal year in which the amount com- no deduction, deposit, or contribution shall SEC. 103. RESTRUCTURING OF PAYMENTS FOR puted under paragraph (1)(B) is less than be required for service credited under this RETIREE HEALTH BENEFITS. zero, upon request of the Postmaster Gen- subsection. (a) CONTRIBUTIONS.—Section 8906(g)(2)(A) of eral, the Director shall transfer to the ‘‘(B) The actuarial present value of the ad- title 5, United States Code, is amended by United States Postal Service from the Fund ditional liability of the United States Postal striking ‘‘through September 30, 2016, be paid an amount equal to the postal funding sur- Service to the Fund resulting from this sub- by the United States Postal Service, and plus for that fiscal year for use in accordance section shall be included in the amount cal- thereafter shall’’ and inserting ‘‘after the with this paragraph. culated under section 8348(h)(1)(A).’’. date of enactment of the 21st Century Postal ‘‘(ii) The Office shall calculate the amount (2) FEDERAL EMPLOYEES RETIREMENT SYS- Service Act of 2012’’. under paragraph (1)(B) for a fiscal year by TEM.—Section 8411 of title 5, United States (b) POSTAL SERVICE RETIREE HEALTH BENE- not later than June 15 after the close of the Code, is amended by adding at the end the FITS FUND.—Section 8909a of title 5, United fiscal year, and shall transfer any postal following: States Code, is amended—

VerDate Mar 15 2010 04:26 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A16AP6.024 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2335 (1) in subsection (d)— all bargaining representatives recognized ‘‘SEC. 8903c. COORDINATION WITH MEDICARE (A) by striking paragraph (2) and inserting under section 1203 of title 39, United States FOR POSTAL SERVICE EMPLOYEES the following: Code, and enter into a joint collective bar- AND ANNUITANTS. ‘‘(2)(A) Not later than 180 days after the gaining agreement with those bargaining ‘‘(a) DEFINITIONS.—In this section— date of enactment of the 21st Century Postal representatives to establish the Postal Serv- ‘‘(1) the term ‘contract year’ means a cal- Service Act of 2012, or March 31, 2013, which- ice Health Benefits Program that satisfies endar year in which health benefits plans are ever is later, the Office shall compute, and the conditions under subsection (c). The administered under this chapter; by June 30 of each succeeding year, the Of- Postal Service and the bargaining represent- ‘‘(2) the term ‘Medicare part A’ means the fice shall recompute, a schedule including a atives shall negotiate in consultation with Medicare program for hospital insurance series of annual installments which provide the Director of the Office of Personnel Man- benefits under part A of title XVIII of the for the liquidation of the amount described agement. Social Security Act (42 U.S.C. 1395c et seq.); under subparagraph (B) (regardless of wheth- (2) CONSULTATION WITH SUPERVISORY AND ‘‘(3) the term ‘Medicare part B’ means the er the amount is a liability or surplus) by MANAGERIAL PERSONNEL.—In the course of ne- Medicare program for supplementary med- September 30, 2052, or within 15 years, which- gotiations under paragraph (1), the Postal ical insurance benefits under part B of title ever is later, including interest at the rate Service shall consult with each of the orga- XVIII of the Social Security Act (42 U.S.C. used in the computations under this sub- nizations of supervisory and other manage- 1395j et seq.); and section. rial personnel that are recognized under sec- ‘‘(4) the term ‘Postal Service employee or ‘‘(B) The amount described in this subpara- tion 1004 of title 39, United States Code, con- annuitant’ means an individual who is— graph is the amount, as of the date on which cerning the views of the personnel rep- ‘‘(A) an employee of the Postal Service; or the applicable computation or recomputa- resented by each of those organizations. ‘‘(B) an annuitant covered under this chap- tion under subparagraph (A) is made, that is (3) ARBITRATION LIMITATION.—Notwith- ter whose Government contribution is paid equal to the difference between— standing chapter 12 of title 39, United States by the Postal Service under section ‘‘(i) 80 percent of the Postal Service actu- Code, there shall not be arbitration of any 8906(g)(2). arial liability as of September 30 of the most dispute in the negotiations under this sub- ‘‘(b) ENROLLMENT OPTIONS.— recently ended fiscal year; and section. ‘‘(1) ESTABLISHMENT.— ‘‘(ii) the value of the assets of the Postal (4) TIME LIMITATION.—The authority under ‘‘(A) IN GENERAL.—For contract years be- Retiree Health Benefits Fund as of Sep- this subsection shall extend until September ginning on or after January 1, 2014, the Office tember 30 of the most recently ended fiscal 30, 2012. shall establish enrollment options for health year.’’. (c) POSTAL SERVICE HEALTH BENEFITS PRO- benefits plans that are open only to Postal (B) in paragraph (3)— GRAM.—The Postal Service Health Benefits Service employees and annuitants, and fam- (i) in subparagraph (A)— Program— ily members of a Postal Service employee or (I) in clause (iii), by adding ‘‘and’’ at the (1) shall— annuitant, who are enrolled in Medicare part end; (A) be available for participation by all A and Medicare part B. (II) in clause (iv), by striking the semi- covered employees; ‘‘(B) ADDITIONAL PLANS.—The enrollment colon at the end and inserting a period; and (B) be available for participation by any options established under this subsection (III) by striking clauses (v) through (x); officer or employee of the Postal Service shall be in addition to any other health ben- and who is not a covered employee, at the option efit plan or enrollment option otherwise (ii) in subparagraph (B), by striking ‘‘2017’’ solely of that officer or employee; available to Postal Service employees or an- and inserting ‘‘2013’’; (C) provide adequate and appropriate nuitants under this chapter and shall not af- (C) by amending paragraph (4) to read as health benefits; fect the eligibility of a Postal Service em- follows: (D) be administered in a manner deter- ‘‘(4) Computations under this subsection mined in a joint agreement reached under ployee or annuitant for any another health shall be based on— subsection (b); and benefit plan or enrollment option under this ‘‘(A) economic and actuarial methods and (E) provide for transition of coverage under chapter. assumptions consistent with the methods the Federal Employee Health Benefits Pro- ‘‘(2) ENROLLMENT ELIGIBILITY.—Any Postal and assumptions used in determining the gram of covered employees to coverage Service employee or annuitant, or family Postal surplus or supplemental liability under the Postal Service Health Benefits member of a Postal Service employee or an- under section 8348(h); and Program on January 1, 2013; nuitant, who is enrolled in Medicare part A ‘‘(B) any other methods and assumptions, (2) may provide dental benefits; and and Medicare part B may enroll in 1 of the including a health care cost trend rate, that (3) may provide vision benefits. enrollment options established under para- (d) AGREEMENT AND IMPLEMENTATION.—If a the Director of the Office determines to be graph (1). joint agreement is reached under subsection appropriate.’’; and ‘‘(3) VALUE OF COVERAGE.—The Office shall (b)— (D) by adding at the end the following: ensure that the aggregate actuarial value of ‘‘(7) In this subsection, the term ‘Postal (1) the Postal Service shall implement the coverage under the enrollment options estab- Service actuarial liability’ means the dif- Postal Service Health Benefits Program; lished under this subsection, in combination (2) the Postal Service Health Benefits Pro- ference between— with the value of coverage under Medicare gram shall constitute an agreement between ‘‘(A) the net present value of future pay- part A and Medicare part B, shall be not less the collective bargaining representatives and ments required under section 8906(g)(2)(A) for than the actuarial value of the most closely the Postal Service for purposes of section current and future United States Postal corresponding enrollment options for each 1005(f) of title 39, United States Code; and Service annuitants; and plan available under section 8905, in com- (3) covered employees may not participate ‘‘(B) the net present value as computed bination with the value of coverage under as employees in the Federal Employees under paragraph (1) attributable to the fu- Medicare part A and Medicare part B. Health Benefits Program. ture service of United States Postal Service ‘‘(4) ENROLLMENT OPTIONS.— (e) GOVERNMENT PLAN.—The Postal Service employees.’’; and ‘‘(A) IN GENERAL.—The enrollment options Health Benefits Program shall be a govern- established under paragraph (1) shall in- (2) by adding at the end the following: ment plan as that term is defined under sec- ‘‘(e) Subsections (a) through (d) of this sec- clude— tion 3(32) of Employee Retirement Income ‘‘(i) an individual option, for Postal Serv- tion shall be subject to section 104 of the 21st Security Act of 1974 (29 U.S.C. 1002(32)). ice employees or annuitants enrolled in Century Postal Service Act of 2012.’’. (f) REPORT.—Not later than June 30, 2013, SEC. 104. POSTAL SERVICE HEALTH BENEFITS the Postal Service shall submit a report to Medicare part A and Medicare part B; PROGRAM. the Committee on Homeland Security and ‘‘(ii) a self and family option, for Postal (a) DEFINITIONS.—In this section— Governmental Affairs of the Senate and the Service employees or annuitants and family (1) the term ‘‘covered employee’’ means an Committee on Oversight and Government members who are each enrolled in Medicare employee of the Postal Service who is rep- Reform of the House of Representatives part A and Medicare part B; and resented by a bargaining representative rec- that— ‘‘(iii) a self and family option, for Postal ognized under section 1203 of title 39, United (1) reports on the implementation of this Service employees or annuitants— States Code; section; and ‘‘(I) who are enrolled in Medicare part A (2) the term ‘‘Federal Employee Health (2) requests any additional statutory au- and Medicare part B; and Benefits Program’’ means the health benefits thority that the Postal Service determines is ‘‘(II) the family members of whom are not program under chapter 89 of title 5, United necessary to carry out the purposes of this enrolled in Medicare part A or Medicare part States Code; and section. B. (3) the term ‘‘Postal Service Health Bene- SEC. 105. MEDICARE COORDINATION EFFORTS ‘‘(B) SPECIFIC SUB-OPTIONS.—The Office fits Program’’ means the health benefits pro- FOR POSTAL SERVICE EMPLOYEES may establish more specific enrollment op- gram that may be agreed to under subsection AND RETIREES. tions within the types of options described (b)(1). (a) ADDITIONAL ENROLLMENT OPTIONS under subparagraph (A). (b) COLLECTIVE BARGAINING.— UNDER FEDERAL EMPLOYEES HEALTH BENE- ‘‘(5) REDUCED PREMIUMS TO ACCOUNT FOR (1) IN GENERAL.—Consistent with section FITS PLANS.—Chapter 89 of title 5, United MEDICARE COORDINATION.—In determining the 1005(f) of title 39, United States Code, the States Code, is amended by inserting after premiums for the enrollment options under Postal Service may negotiate jointly with section 8903b the following: paragraph (4), the Office shall—

VerDate Mar 15 2010 04:26 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A16AP6.024 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2336 CONGRESSIONAL RECORD — SENATE April 16, 2012 ‘‘(A) establish a separate claims pool for supplement the benefits of the employee or (ii) in the case of mail not described in individuals eligible for coverage under any of annuitant under the Federal Employees clause (i), except to the extent that the re- those options; and Health Benefit Program; and quirements are consistent with the service ‘‘(B) ensure that— (2) reduce costs to the Federal Employees standards under part 121 of title 39, Code of ‘‘(i) the premiums are reduced from the Health Benefit Program, beneficiaries, and Federal Regulations, as in effect on January premiums otherwise established under this the Postal Service by coordinating services 1, 2012. chapter to directly reflect the full cost sav- with the Medicare program. (2) TWO-DAY DELIVERY FOR FIRST-CLASS ings to the health benefits plans due to the SEC. 106. ARBITRATION; LABOR DISPUTES. MAIL.—The Postal Service shall maintain a complete coordination of benefits with Medi- Section 1207(c) of title 39, United States service standard that provides that first- care part A and Medicare part B for Postal Code, is amended— class mail not delivered overnight will be de- Service employees or annuitants, or family (1) in paragraph (2)— livered within 2 delivery days, to the max- members of Postal Service employees or an- (A) by inserting ‘‘(A)’’ after ‘‘(2)’’; imum extent feasible using the network of nuitants, who are enrolled in Medicare part (B) by striking the last sentence and in- postal facilities maintained to meet the re- A and Medicare part B; and serting ‘‘The arbitration board shall render a quirements under paragraph (1). ‘‘(ii) the cost savings described under decision not later than 45 days after the date (3) MAXIMUM DELIVERY TIME FOR FIRST- clause (i) result solely in the reduction of— of its appointment.’’; and CLASS MAIL.— ‘‘(I) the premiums paid by the Postal Serv- (C) by adding at the end the following: (A) IN GENERAL.—The Postal Service shall ice employee or annuitant; and ‘‘(B) In rendering a decision under this maintain a service standard that provides ‘‘(II) the Government contributions paid by paragraph, the arbitration board shall con- that first-class mail will be delivered— the Postal Service or other employer. sider such relevant factors as the financial (i) within a maximum of 3 delivery days, ‘‘(c) POSTAL SERVICE CONSULTATION.—The condition of the Postal Service.’’; and for mail that originates and destinates with- Office shall establish the enrollment options (2) by adding at the end the following: in the continental United States; and and premiums under this section in consulta- ‘‘(4) Nothing in this section may be con- (ii) within a maximum period of time con- tion with the Postal Service.’’. strued to limit the relevant factors that the sistent with service standards under part 121 (b) TECHNICAL AND CONFORMING AMEND- arbitration board may take into consider- of title 39, Code of Federal Regulations, as in MENTS.—The table of sections for chapter 89 ation in rendering a decision under para- effect on January 1, 2012, for mail origi- of title 5, United States Code, is amended by graph (2).’’. nating or destinating outside the continental inserting after the item relating to section TITLE II—POSTAL SERVICES AND United States. 8903b the following: OPERATIONS (B) REVISIONS.—Notwithstanding subpara- ‘‘8903c. Coordination with Medicare for Post- graph (A)(ii), the Postal Service may revise al Service employees and annu- SEC. 201. MAINTENANCE OF DELIVERY SERVICE STANDARDS. the service standards under part 121 of title itants.’’. (a) DEFINITIONS.—For purposes of this sec- 39, Code of Federal Regulations for mail de- (c) EFFECTIVE DATE.—The amendments tion— scribed in subparagraph (A)(ii) to take into made by subsection (a) shall apply with re- (1) the term ‘‘plant service area’’ means account transportation conditions (including spect to contract years beginning on or after the geographic area served by a single sec- the availability of transportation) or other January 1, 2014. tional center facility, or a corresponding circumstances outside the control of the (d) SPECIAL ENROLLMENT PERIOD FOR POST- successor facility, as designated by the Post- Postal Service. AL SERVICE EMPLOYEES AND ANNUITANTS.— al Service; and (1) SPECIAL ENROLLMENT PERIOD.—Section SEC. 202. PRESERVING MAIL PROCESSING CA- (2) the term ‘‘continental United States’’ 1837 of the Social Security Act (42 U.S.C. PACITY. means the 48 contiguous States and the Dis- 1395p) is amended by adding at the end the Section 404 of title 39, United States Code, trict of Columbia. following new subsection: is amended by adding after subsection (e) the (b) INTERIM MAINTENANCE OF STANDARDS.— ‘‘(m)(1) In the case of any individual who, During the 3-year period beginning on the following: as of the date of enactment of the 21st Cen- date of enactment of this Act, the Postal ‘‘(f) CLOSING OR CONSOLIDATION OF CERTAIN tury Postal Service Act of 2012, is a Postal POSTAL FACILITIES.— Service employee or annuitant (as defined in Service— ‘‘(1) POSTAL FACILITY.—In this subsection, section 8903c(a) of title 5, United States (1) shall maintain the service standards de- the term ‘postal facility’— Code) at the time the individual is entitled scribed in subsection (c); ‘‘(A) means any Postal Service facility to part A under section 226 or section 226A (2) may not establish a new or revised serv- and who is eligible to enroll but who has ice standard for market-dominant products that is primarily involved in the prepara- elected not to enroll (or to be deemed en- under section 3691 of title 39, United States tion, dispatch, or other physical processing rolled) during the individual’s initial enroll- Code, that is inconsistent with the require- of mail; and ment period, there shall be a special enroll- ments under subsection (c); and ‘‘(B) does not include— ment period described in paragraph (2). (3) shall include in any new or revised over- ‘‘(i) any post office, station, or branch; or ‘‘(2) The special enrollment period de- night service standard established for mar- ‘‘(ii) any facility used only for administra- scribed in this paragraph, with respect to an ket-dominant products under section 3691 of tive functions. individual, is the 1-year period beginning on title 39, United States Code, a policy on ‘‘(2) AREA MAIL PROCESSING STUDY.— July 1, 2013. changes to critical entry times at post of- ‘‘(A) NEW AREA MAIL PROCESSING STUDIES.— ‘‘(3) In the case of an individual who en- fices and business mail entry units that en- After the date of enactment of this sub- rolls during the special enrollment period sures that any such changes maintain mean- section, before making a determination provided under paragraph (1), the coverage ingful access to the services provided under under subsection (a)(3) as to the necessity for period under this part shall begin on the first the service standard required to be main- the closing or consolidation of any postal fa- day of the month in which the individual en- tained under subsection (c). cility, the Postal Service shall— rolls.’’. (c) SERVICE STANDARDS.— ‘‘(i) conduct an area mail processing study (2) WAIVER OF INCREASE OF PREMIUM.—Sec- (1) OVERNIGHT STANDARD FOR FIRST-CLASS relating to that postal facility that includes tion 1839(b) of the Social Security Act (42 MAIL AND PERIODICALS.— a plan to reduce the capacity of the postal U.S.C. 1395r(b)) is amended by striking ‘‘(i)(4) (A) IN GENERAL.—Except as provided in facility, but not close the postal facility; or (l)’’ and inserting ‘‘(i)(4), (l), or (m)’’. subparagraph (B), the Postal Service shall ‘‘(ii) publish the study on the Postal Serv- (e) EDUCATIONAL PROGRAM.—The Post- maintain an overnight service standard that ice website; and master General, in consultation with the Di- provides overnight service for first-class ‘‘(iii) publish a notice that the study is rector of the Office of Personnel Manage- mail and periodicals that— complete and available to the public, includ- ment and the Administrator of the Centers (i) originate and destinate in the same ing on the Postal Service website. for Medicare & Medicaid Services, shall de- plant service area; and ‘‘(B) COMPLETED OR ONGOING AREA MAIL velop an educational program to encourage (ii) enter the mails before the critical PROCESSING STUDIES.— the voluntary use of the Medicare program entry time established and published by the ‘‘(i) IN GENERAL.—In the case of a postal fa- for hospital insurance benefits under part A Postal Service. cility described in clause (ii), the Postal of title XVIII of the Social Security Act (42 (B) AREAS OUTSIDE THE CONTINENTAL UNITED Service shall— U.S.C. 1395c et seq.) (commonly known as STATES.—The requirements of subparagraph ‘‘(I) consider a plan to reduce the capacity ‘‘Medicare Part A’’) and the Medicare pro- (A) shall not apply to areas outside the con- of the postal facility without closing the gram for supplementary medical insurance tinental United States— postal facility; and benefits under part B of title XVIII of the (i) in the case of mail that originates or ‘‘(II) publish the results of the consider- Social Security Act (42 U.S.C. 1395j et seq.) destinates in a territory or possession of the ation under subclause (I) with or as an (commonly known as ‘‘Medicare Part B’’) for United States that is part of a plant service amendment to the area mail processing eligible Postal Service employees and annu- area having a sectional center facility that— study relating to the postal facility. itants that may benefit from enrollment, the (I) is not located in the territory or posses- ‘‘(ii) POSTAL FACILITIES.—A postal facility objective of which shall be to— sion; and described in this clause is a postal facility (1) educate employees and annuitants on (II) was not located in the territory or pos- for which, on or before the date of enactment how Medicare benefits interact with and can session on January 1, 2012; and of this subsection—

VerDate Mar 15 2010 04:26 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A16AP6.024 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2337 ‘‘(I) an area mail processing study that the Postal Service may close or consolidate plan developed under section 204 of this Act; does not include a plan to reduce the capac- the postal facility. and ity of the postal facility without closing the ‘‘(B) ALTERNATIVE INTAKE OF MAIL.—If the (2) take into account factors including— postal facility has been completed; Postal Service closes or consolidates a postal (A) geography, including the establishment ‘‘(II) an area mail processing study is in facility under subparagraph (A), the Postal of standards for the proximity of retail post- progress; or Service shall make reasonable efforts to en- al services to postal customers, including a ‘‘(III) a determination as to the necessity sure continued mail receipt from customers consideration of the reasonable maximum for the closing or consolidation of the postal of the closed or consolidated postal facility time a postal customer should expect to facility has not been made. at the same location or at another appro- travel to access a postal retail location; ‘‘(3) NOTICE, PUBLIC COMMENT, AND PUBLIC priate location in close geographic proximity (B) the importance of facilitating commu- HEARING.—If the Postal Service makes a de- to the closed or consolidated postal facility. nications for communities with limited or no termination under subsection (a)(3) to close ‘‘(C) LIMITATIONS.—During the 3-year pe- access to Internet, broadband, or cellular or consolidate a postal facility, the Postal riod beginning on the date of enactment of telephone services; Service shall— the 21st Century Postal Service Act of 2012, (C) population, including population den- ‘‘(A) provide notice of the determination the Postal Service may not close or consoli- sity, demographic factors such as the age, to— date a postal facility if the closing or con- disability status, and degree of poverty of in- ‘‘(i) Congress; and solidation prevents the Postal Service from dividuals in the area to be served by a loca- ‘‘(ii) the Postal Regulatory Commission; maintaining service standards as required tion providing postal retail services, and ‘‘(B) provide adequate public notice of the under section 201 of the 21st Century Postal other factors that may impact the ability of intention of the Postal Service to close or Service Act of 2012. postal customers, including businesses, to consolidate the postal facility; ‘‘(7) REVIEW BY POSTAL REGULATORY COM- travel to a postal retail location; ‘‘(C) ensure that interested persons have an MISSION.—In accordance with section 3662— (D) the feasibility of offering retail access opportunity to submit public comments dur- ‘‘(A) an interested person may lodge a com- to postal services in addition to post offices, ing a 45-day period after the notice of inten- plaint with the Postal Regulatory Commis- as described in section 302(d) of the Postal tion is provided under subparagraph (B); sion if the person believes that the closure or Accountability and Enhancement Act of 2006 ‘‘(D) before the 45-day period described in consolidation of a postal facility is not in (39 U.S.C. 3691 note); subparagraph (C), provide for public notice of conformance with applicable service stand- (E) the requirement that the Postal Serv- that opportunity by— ards, including the service standards estab- ice serve remote areas and communities with ‘‘(i) publication on the Postal Service lished under section 201 of the 21st Century transportation challenges, including commu- website; Postal Service Act of 2012; and nities in which the effects of inclement ‘‘(ii) posting at the affected postal facility; ‘‘(B) if the Postal Regulatory Commission weather or other natural conditions might and finds a complaint lodged by an interested obstruct or otherwise impede access to retail ‘‘(iii) advertising the date and location of person to be justified, the Commission shall postal services; and the public community meeting under sub- order the Postal Service to take appropriate (F) the ability of postal customers to ac- paragraph (E); and action to achieve compliance with applicable cess retail postal services in areas that were ‘‘(E) during the 45-day period described in service standards, including the service served by a post office that was closed or subparagraph (C), conduct a public commu- standards established under section 201 of consolidated during the 1 year period ending nity meeting that provides an opportunity the 21st Century Postal Service Act of 2012, on the date of enactment of this Act. for public comments to be submitted ver- or to remedy the effects of any noncompli- bally or in writing. SEC. 204. EXPANDED RETAIL ACCESS. ance. ‘‘(4) FURTHER CONSIDERATIONS.—Not earlier (a) UPDATED PLAN.—Not later than 1 year ‘‘(8) POSTAL SERVICE WEBSITE.—For pur- than 30 days after the end of the 45-day pe- after the date of enactment of this Act, the poses of any notice required to be published riod for public comment under paragraph (3), Postal Service shall, in consultation with on the Postal Service website under this sub- the Postal Service, in making a determina- the Commission, develop and submit to Con- section, the Postal Service shall ensure that tion to close or consolidate a postal facility, gress a revised and updated version of the shall consider— the Postal Service website— plan to expand and market retail access to ‘‘(A) the views presented by interested per- ‘‘(A) is updated routinely; and postal services required under section 302(d) sons under paragraph (3); ‘‘(B) provides any person, at the option of of the Postal Accountability and Enhance- ‘‘(B) the effect of the closing or consolida- the person, the opportunity to receive rel- ment Act of 2006 (39 U.S.C. 3691 note). tion on the affected community, including evant updates by electronic mail. (b) CONTENTS.—The plan required under any disproportionate impact the closing or ‘‘(9) PROTECTION OF CERTAIN INFORMATION.— subsection (a) shall— consolidation may have on a State, region, Nothing in this subsection may be construed (1) include a consideration of methods to or locality; to require the Postal Service to disclose— expand and market retail access to postal ‘‘(C) the effect of the closing or consolida- ‘‘(A) any proprietary data, including any services described in paragraphs (1) through tion on the travel times and distances for af- reference or citation to proprietary data; or (8) of section 302(d) of the Postal Account- fected customers to access services under the ‘‘(B) any information relating to the secu- ability and Enhancement Act of 2006 (39 proposed closing or consolidation; rity of a postal facility.’’. U.S.C. 3691 note); ‘‘(D) the effect of the closing or consolida- SEC. 203. ESTABLISHMENT OF RETAIL SERVICE (2) where possible, provide for an improve- tion on delivery times for all classes of mail; STANDARDS. ment in customer access to postal services; ‘‘(E) any characteristics of certain geo- (a) DEFINITION.—In this section, the term (3) consider the impact of any decisions by graphical areas, such as remoteness, ‘‘retail postal service’’ means service that al- the Postal Service relating to the implemen- broadband internet availability, and weath- lows a postal customer to— tation of the plan on rural areas, commu- er-related obstacles to using alternative fa- (1) purchase postage; nities, and small towns; and cilities, that may result in the closing or (2) enter packages into the mail; and (4) ensure that— consolidation having a unique effect; and (3) procure other services offered by the (A) rural areas, communities, and small ‘‘(F) any other factor the Postal Service Postal Service. towns continue to receive regular and effec- determines is necessary. (b) ESTABLISHMENT OF RETAIL SERVICE tive access to retail postal services after im- ‘‘(5) JUSTIFICATION STATEMENT.—Before the STANDARDS.—Not later than 6 months after plementation of the plan; and date on which the Postal Service closes or the date of enactment of this Act, the Postal (B) the Postal Service solicits community consolidates a postal facility, the Postal Service shall exercise its authority under input in accordance with applicable provi- Service shall post on the Postal Service section 3691 of title 39, United States Code, sions of Federal law. website a closing or consolidation justifica- to establish service standards for market- (c) FURTHER UPDATES.—The Postal Service, tion statement that includes— dominant products in order to guarantee in consultation with the Commission, shall— ‘‘(A) a response to all public comments re- customers of the Postal Service regular and (1) update the plan required under sub- ceived with respect to the considerations de- effective access to retail postal services na- section (a) as the Postal Service determines scribed under paragraph (4); tionwide (including in territories and posses- is appropriate; and ‘‘(B) a description of the considerations sions of the United States) on a reasonable (2) submit each update under paragraph (1) made by the Postal Service under paragraph basis. to Congress. (4); and (c) CONTENTS.—The service standards es- SEC. 205. PRESERVING COMMUNITY POST OF- ‘‘(C) the actions that will be taken by the tablished under subsection (b) shall— FICES. Postal Service to mitigate any negative ef- (1) be consistent with— (a) CLOSING POST OFFICES.—Section 404(d) fects identified under paragraph (4). (A) the obligations of the Postal Service of title 39, United States Code, is amended to ‘‘(6) CLOSING OR CONSOLIDATION OF POSTAL under section 101(b) of title 39, United States read as follows: FACILITIES.— Code; and ‘‘(d)(1) The Postal Service, prior to making ‘‘(A) IN GENERAL.—Not earlier than the 15 (B) the contents of the plan developed a determination under subsection (a)(3) of days after posting the final determination under section 302 of the Postal Account- this section as to the necessity for the clos- and the justification statement under para- ability and Enhancement Act of 2006 (39 ing or consolidation of any post office, graph (5) with respect to a postal facility, U.S.C. 3691 note), and any updated or revised shall—

VerDate Mar 15 2010 04:26 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A16AP6.024 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2338 CONGRESSIONAL RECORD — SENATE April 16, 2012 ‘‘(A) consider whether— ‘‘(A) arbitrary, capricious, an abuse of dis- ‘‘(I) restore the historic post office build- ‘‘(i) to close the post office or consolidate cretion, or otherwise not in accordance with ing at no cost to the Postal Service; the post office and another post office lo- the law; ‘‘(II) assume responsibility for the mainte- cated within a reasonable distance; ‘‘(B) without observance of procedure re- nance of the historic post office building; and ‘‘(ii) instead of closing or consolidating the quired by law; ‘‘(III) make the historic post office build- post office— ‘‘(C) not in conformance with the retail ing available for public use.’’. ‘‘(I) to reduce the number of hours a day service standards established under section SEC. 206. AREA AND DISTRICT OFFICE STRUC- that the post office operates; or 203 of the 21st Century Postal Service Act of TURE. ‘‘(II) to continue operating the post office 2012; or (a) PLAN REQUIRED.—Not later than 1 year for the same number of hours a day; ‘‘(D) unsupported by substantial evidence after the date of enactment of this Act, the ‘‘(iii) to procure a contract providing full, on the record. Postal Service shall submit to the Com- or less than full, retail services in the com- The Commission may affirm the determina- mittee on Homeland Security and Govern- munity served by the post office; or tion of the Postal Service or order that the mental Affairs of the Senate and the Com- ‘‘(iv) to provide postal services to the com- entire matter be returned for further consid- mittee on Oversight and Governmental Re- munity served by the post office through a eration, but the Commission may not modify form of the House of Representatives— rural carrier; the determination of the Postal Service. The (1) a comprehensive strategic plan to gov- ‘‘(B) provide postal customers served by Commission may suspend the effectiveness ern decisions relating to area and district of- the post office an opportunity to participate of the determination of the Postal Service fice structure that considers efficiency, in a nonbinding survey conducted by mail on until the final disposition of the appeal. The costs, redundancies, mail volume, techno- a preference for an option described in sub- provisions of section 556, section 557, and logical advancements, operational consider- paragraph (A); and chapter 7 of title 5 shall not apply to any re- ations, and other issues that may be relevant ‘‘(C) if the Postal Service determines to view carried out by the Commission under to establishing an effective area and district close or consolidate the post office, provide this paragraph. office structure; and adequate notice of its intention to close or ‘‘(6) For purposes of paragraph (5), any ap- (2) a 10-year plan, including a timetable, consolidate such post office at least 60 days peal received by the Commission shall— that provides for consolidation of area and prior to the proposed date of such closing or ‘‘(A) if sent to the Commission through the district offices within the continental United consolidation to persons served by such post mails, be considered to have been received on States (as defined in section 201(a)) wherever office to ensure that such persons will have the date of the Postal Service postmark on the Postal Service determines a consolida- the envelope or other cover in which such ap- an opportunity to present their views. tion would— peal is mailed; or ‘‘(2) The Postal Service, in making a deter- (A) be cost effective; and ‘‘(B) if otherwise lawfully delivered to the mination whether or not to close or consoli- (B) not substantially and adversely affect Commission, be considered to have been re- date a post office— the operations of the Postal Service. ceived on the date determined based on any ‘‘(A) shall consider— (b) CONSOLIDATION.—Beginning not later appropriate documentation or other indicia ‘‘(i) the effect of such closing or consolida- than 1 year after the date of enactment of (as determined under regulations of the Com- this Act, the Postal Service shall, consistent tion on the community served by such post mission). office; ‘‘(7) Nothing in this subsection shall be with the plans required under and the cri- ‘‘(ii) the effect of such closing or consolida- construed to limit the right under section teria described in subsection (a)— tion on employees of the Postal Service em- 3662— (1) consolidate district offices that are lo- ployed at such office; ‘‘(A) of an interested person to lodge a cated within 50 miles of each other; ‘‘(iii) whether such closing or consolidation complaint with the Postal Regulatory Com- (2) consolidate area and district offices is consistent with the policy of the Govern- mission under section 3662 concerning non- that have less than the mean mail volume ment, as stated in section 101(b) of this title, conformance with service standards, includ- and number of work hours for all area and that the Postal Service shall provide a max- ing the retail service standards established district offices; and imum degree of effective and regular postal under section 203 of the 21st Century Postal (3) relocate area offices to headquarters. services to rural areas, communities, and Service Act of 2012; or (c) UPDATES.—The Postal Service shall up- small towns where post offices are not self- ‘‘(B) of the Postal Regulatory Commission, date the plans required under subsection (a) sustaining; if the Commission finds a complaint lodged not less frequently than once every 5 years. ‘‘(iv) the extent to which the community by an interested person to be justified, to (d) STATE LIAISON.—If the Postal Service served by the post office lacks access to order the Postal Service to take appropriate does not maintain a district office in a State, Internet, broadband and cellular phone serv- action to achieve compliance with applicable the Postal Service shall designate at least 1 ice; requirements, including the retail service employee of the district office responsible ‘‘(v) the economic savings to the Postal standards established under section 203 of for Postal Service operations in the State to Service resulting from such closing or con- the 21st Century Postal Service Act of 2012, represent the needs of Postal Service cus- solidation; and or to remedy the effects of any noncompli- tomers in the State. ‘‘(vi) such other factors as the Postal Serv- ance.’’. SEC. 207. CONVERSION OF DOOR DELIVERY ice determines are necessary; and (b) PROHIBITION ON CLOSING POST OF- POINTS. ‘‘(B) may not consider compliance with FICES.—Notwithstanding section 404(d) of (a) IN GENERAL.—Subchapter VII of chapter any provision of the Occupational Safety and title 39, United States Code, as amended by 36 of title 39, United States Code, is amended Health Act of 1970 (29 U.S.C. 651 et seq.). this section, during the period beginning on by adding at the end the following: ‘‘(3) Any determination of the Postal Serv- the date of enactment of this Act and ending ‘‘§ 3692. Conversion of door delivery points ice to close or consolidate a post office shall on the date on which the Postal Service es- ‘‘(a) DEFINITIONS.—In this section, the fol- be in writing and shall include the findings tablishes the retail service standards under lowing definitions shall apply: section 203 of this Act, the Postal Service of the Postal Service with respect to the con- ‘‘(1) CENTRALIZED DELIVERY POINT.—The siderations required to be made under para- may not close a post office, except as re- term ‘centralized delivery point’ means a graph (2) of this subsection. Such determina- quired for the immediate protection of group or cluster of mail receptacles at 1 de- health and safety. tion and findings shall be made available to livery point that is within reasonable prox- persons served by such post office. (c) HISTORIC POST OFFICES.—Section 404(d) of title 39, United States Code, as amended imity of the street address associated with ‘‘(4) The Postal Service shall take no ac- by this section, is amended by adding at the the delivery point. tion to close or consolidate a post office end the following: ‘‘(2) CURBLINE DELIVERY POINT.—The term until 60 days after its written determination ‘‘(8)(A) In this paragraph, the term ‘his- ‘curbline delivery point’ means a delivery is made available to persons served by such toric post office building’ means a post office point that is— post office. building that is a certified historic struc- ‘‘(A) adjacent to the street address associ- ‘‘(5) A determination of the Postal Service ture, as that term is defined in section ated with the delivery point; and to close or consolidate any post office, sta- 47(c)(3) of the Internal Revenue Code of 1986. ‘‘(B) accessible by vehicle on a street that tion, or branch may be appealed by any per- ‘‘(B) In the case of a post office that has is not a private driveway. son served by such office, station, or branch been closed and that is located within a his- ‘‘(3) DOOR DELIVERY POINT.—The term ‘door to the Postal Regulatory Commission within toric post office building, the Postal Service delivery point’ means a delivery point at a 30 days after such determination is made shall provide Federal agencies and State and door of the structure at a street address. available to such person. The Commission local government entities the opportunity to ‘‘(4) SIDEWALK DELIVERY POINT.—The term shall review such determination on the basis lease the historic post office building, if— ‘sidewalk delivery point’ means a delivery of the record before the Postal Service in the ‘‘(i) the Postal Service is unable to sell the point on a sidewalk adjacent to the street making of such determination. The Commis- building at an acceptable price within a rea- address associated with the delivery point. sion shall make a determination based upon sonable period of time after the post office ‘‘(b) CONVERSION.—Except as provided in such review no later than 120 days after re- has been closed; and subsection (c), and in accordance with the ceiving any appeal under this paragraph. The ‘‘(ii) the Federal agency or State or local solvency plan required under section 401 of Commission shall set aside any determina- government entity that leases the building the 21st Century Postal Service Act of 2012 tion, findings, and conclusions found to be— agrees to— and standards established by the Postal

VerDate Mar 15 2010 04:26 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A16AP6.024 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2339 Service, the Postal Service is authorized to, than the date that is 24 months after the (D) Whether, based on an analysis of the to the maximum extent feasible, convert date of enactment of this Act; and measures implemented by the Postal Service door delivery points to— (2) on or after the date that is 24 months to increase revenues and reduce costs, pro- ‘‘(1) curbline delivery points; after the date of enactment of this Act, the jections of increased revenue and cost sav- ‘‘(2) sidewalk delivery points; or Postal Service may establish a general, na- ings, and the details of the profitability plan ‘‘(3) centralized delivery points. tionwide 5-day-per-week delivery schedule to required under section 401, a change in deliv- ‘‘(c) EXCEPTIONS.— street addresses under the authority of the ery schedule is necessary to allow the Postal ‘‘(1) CONTINUED DOOR DELIVERY.—The Post- Postal Service under section 3691 of title 39, Service to achieve long-term solvency. al Service may allow for the continuation of United States Code, only in accordance with (2) POSTAL REGULATORY COMMISSION.— door delivery due to— the requirements and limitations under this (A) REQUEST.—Not later than 6 months be- ‘‘(A) a physical hardship of a customer; section. fore the proposed effective date of a change ‘‘(B) weather, in a geographic area where (b) PRECONDITIONS.—If the Postal Service in delivery schedule under subsection (a), the snow removal efforts could obstruct access intends to establish a change in delivery Postal Service shall submit to the Commis- to mailboxes near a road; schedule under subsection (a)(2), the Postal sion a request for an advisory opinion relat- ‘‘(C) circumstances in an urban area that Service shall— ing to the change. preclude efficient use of curbline delivery (1) identify customers and communities for (B) ADVISORY OPINION.— points; whom the change may have a dispropor- (i) IN GENERAL.—The Commission shall— ‘‘(D) other exceptional circumstances, as tionate, negative impact, including the cus- (I) issue an advisory opinion with respect determined in accordance with regulations tomers identified as ‘‘particularly affected’’ to a request under subparagraph (A), in ac- issued by the Postal Service; or in the Advisory Opinion on Elimination of cordance with the time limits for the ‘‘(E) other circumstances in which the Saturday Delivery issued by the Commission issuance of advisory opinions under section Postal Service determines that alternatives on March 24, 2011; 3661(b)(2) of title 39, United States Code, as to door delivery would not be practical or (2) develop, to the maximum extent pos- amended by this Act; and cost effective. sible, measures to ameliorate any dispropor- (II) submit the advisory opinion to the tionate, negative impact the change would ‘‘(2) NEW DOOR DELIVERY POINTS.—The Post- Committee on Homeland Security and Gov- al Service may provide door delivery to a have on customers and communities identi- ernmental Affairs of the Senate and the fied under paragraph (1), including, where ap- new delivery point in a delivery area that re- Committee on Oversight and Government propriate, providing or expanding access to ceived door delivery on the day before the Reform of the House of Representatives. mailboxes for periodical mailers on days on date of enactment of this section, if the de- (ii) REQUIRED DETERMINATIONS.—An advi- which the Postal Service does not provide livery point is established before the deliv- sory opinion under clause (i) shall deter- delivery; ery area is converted from door delivery mine— (3) implement measures to increase rev- under subsection (b). (I) whether the measures developed under enue and reduce costs, including the meas- ‘‘(d) SOLICITATION OF COMMENTS.—The subsection (b)(2) ameliorate any dispropor- ures authorized under the amendments made Postal Service shall establish procedures to tionate, negative impact that a change in by sections 101, 102, 103, 207, and 211 of this solicit, consider, and respond to input from schedule may have on customers and com- Act; individuals affected by a conversion under (4) evaluate whether any increase in rev- munities identified under subsection (b)(1); this section. enue or reduction in costs resulting from the and ‘‘(e) REVIEW.—Subchapter V of this chapter measures implemented under paragraph (3) (II) based on the report submitted by the shall not apply with respect to any action are sufficient to allow the Postal Service, Comptroller General under paragraph (1)— taken by the Postal Service under this sec- without implementing a change in delivery (aa) whether the Postal Service has imple- tion. schedule under subsection (a), to achieve mented measures to increase revenue and re- ‘‘(f) REPORT.—Not later than 60 days after long-term solvency; and duce costs as required under subsection the end of each fiscal year through fiscal (5) not earlier than 15 months after the (b)(3); year 2015, the Postal Service shall submit to date of enactment of this Act and not later (bb) whether the implementation of the Congress and the Inspector General of the than 9 months before the effective date pro- measures described in item (aa) has in- Postal Service a report on the implementa- posed by the Postal Service for the change, creased revenues or reduced costs, or is pro- tion of this section during the preceding fis- submit a report on the steps the Postal Serv- jected to further increase revenues or reduce cal year that— ice has taken to carry out this subsection costs in the future; and ‘‘(1) includes the number of door delivery to— (cc) whether a change in schedule under points— (A) the Committee on Homeland Security subsection (a)(2) is necessary to allow the ‘‘(A) that existed at the end of the fiscal and Governmental Affairs of the Senate and Postal Service to achieve long-term sol- year preceding the preceding fiscal year; the Committee on Oversight and Govern- vency. ‘‘(B) that existed at the end of the pre- ment Reform of the House of Representa- (3) PROHIBITION ON IMPLEMENTATION OF ceding fiscal year; tives; CHANGE IN SCHEDULE.—The Postal Service ‘‘(C) that, during the preceding fiscal year, (B) the Comptroller General of the United may not implement a change in delivery converted to— States; and schedule under subsection (a)(2)— ‘‘(i) curbline delivery points or sidewalk (C) the Commission. (A) before the date on which the Comp- delivery points; (c) REVIEW.— troller General submits the report required ‘‘(ii) centralized delivery points; and (1) GOVERNMENT ACCOUNTABILITY OFFICE.— under paragraph (1); and ‘‘(iii) any other type of delivery point; and Not later than 3 months after the date on (B) unless the Commission determines ‘‘(D) for which door delivery was continued which the Postal Service submits a report under paragraph (2)(B)(ii)(II)(cc) that the under subsection (c)(1); under subsection (b)(5), the Comptroller Gen- Comptroller General has concluded that the ‘‘(2) estimates any cost savings, revenue eral shall submit to the Commission and to change is necessary to allow the Postal Serv- loss, or decline in the value of mail resulting the Committee on Homeland Security and ice to become profitable by fiscal year 2015 from the conversions from door delivery that Governmental Affairs of the Senate and the and to achieve long-term solvency, without occurred during the preceding fiscal year; Committee on Oversight and Government regard to whether the Commission deter- ‘‘(3) describes the progress of the Postal Reform of the House of Representatives a re- mines that the change is advisable. Service toward achieving the conversions au- port that contains findings relating to each (d) ADDITIONAL LIMITATIONS.— thorized under subsection (b); and of the following: (1) RULES OF CONSTRUCTION.—Nothing in ‘‘(4) provides such additional information (A) Whether the Postal Service has ade- this subsection shall be construed to— as the Postal Service considers appro- quately complied with subsection (b)(3), tak- (A) authorize the reduction, or require an priate.’’. ing into consideration the statutory author- increase, in delivery frequency for any route (b) CLERICAL AMENDMENT.—The table of ity of and limitations on the Postal Service. for which the Postal Service provided deliv- sections for subchapter VII of chapter 36 of (B) The accuracy of any statement by the ery on fewer than 6 days per week on the title 39, United States Code, is amended by Postal Service that the measures imple- date of enactment of this Act; adding at the end the following: mented under subsection (b)(3) have in- (B) authorize any change in— ‘‘3692. Conversion of door delivery points.’’. creased revenues or reduced costs, and the (i) the days and times that postal retail SEC. 208. LIMITATIONS ON CHANGES TO MAIL DE- accuracy of any projection by the Postal service or any mail acceptance is available LIVERY SCHEDULE. Service relating to increased revenue or re- at postal retail facilities or processing facili- (a) LIMITATION ON CHANGE IN SCHEDULE.— duced costs resulting from the measures im- ties; or Notwithstanding any other provision of plemented under subsection (b)(3). (ii) the locations at which postal retail law— (C) The adequacy and methodological service or mail acceptance occurs at postal (1) the Postal Service may not establish a soundness of any evaluation conducted by retail facilities or processing facilities; general, nationwide delivery schedule of 5 or the Postal Service under subsection (b)(4) (C) authorize any change in the frequency fewer days per week to street addresses that led the Postal Service to assert the ne- of delivery to a post office box; under the authority of the Postal Service cessity of a change in delivery schedule (D) prohibit the collection or delivery of a under title 39, United States Code, earlier under subsection (a)(2). competitive mail product on a weekend, a

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recognized Federal holiday, or any other spe- ‘‘(5) MODIFICATION OF TIMELINE.—At any (i) the rule in final form in the Federal cific day of the week; or time, the Postal Service and the Postal Reg- Register; and (E) prohibit the Postal Service from exer- ulatory Commission may jointly redeter- (ii) responses to the comments submitted cising its authority to make changes to proc- mine a date determined under paragraph under subparagraph (B). essing or retail networks. (2)(B)(ii) or (4)(B).’’. SEC. 211. NONPOSTAL PRODUCTS AND SERVICES. (2) PROHIBITION ON CONSECUTIVE DAYS WITH- SEC. 210. PUBLIC PROCEDURES FOR SIGNIFI- (a) IN GENERAL.—Section 404 of title 39, OUT MAIL DELIVERY.—The Postal Service CANT CHANGES TO MAILING SPECI- United States Code, is amended— shall ensure that, under any change in sched- FICATIONS. (1) in subsection (a)— ule under subsection (a)(2), at no time shall (a) NOTICE AND OPPORTUNITY FOR COMMENT (A) by redesignating paragraphs (6) there be more than 2 consecutive days with- REQUIRED.—Effective on the date on which through (8) as paragraphs (7) through (9), re- out mail delivery to street addresses, includ- the Postal Service issues a final rule under spectively; and ing recognized Federal holidays. subsection (c), before making a change to (B) by inserting after paragraph (5) the fol- (e) DEFINITION.—In this section, the term mailing specifications that could pose a sig- lowing: ‘‘long-term solvency’’ means the ability of nificant burden to the customers of the Post- ‘‘(6) after the date of enactment of the 21st the Postal Service to pay debts and meet ex- al Service and that is not reviewed by the Century Postal Service Act of 2012, and ex- penses, including the ability to perform Commission, the Postal Service shall— cept as provided in subsection (e), to provide maintenance and repairs, make investments, (1) publish a notice of the proposed change other services that are not postal services, and maintain financial reserves, as necessary to the specification in the Federal Register; after the Postal Regulatory Commission— to fulfill the requirements and comply with (2) provide an opportunity for the submis- ‘‘(A) makes a determination that the pro- the policies of title 39, United States Code, sion of written comments concerning the vision of such services— and other obligations of the Postal Service proposed change for a period of not less than ‘‘(i) uses the processing, transportation, over the long term. 30 days; delivery, retail network, or technology of (3) after considering any comments sub- the Postal Service; SEC. 209. TIME LIMITS FOR CONSIDERATION OF mitted under paragraph (2) and making any SERVICE CHANGES. ‘‘(ii) is consistent with the public interest modifications to the proposed change that and a demonstrated or potential public de- Section 3661 of title 39, United States Code, the Postal Service determines are necessary, mand for— is amended by striking subsections (b) and publish— ‘‘(I) the Postal Service to provide the serv- (c) and inserting the following: (A) the final change to the specification in ices instead of another entity providing the ‘‘(b) PROPOSED CHANGES FOR MARKET-DOMI- the Federal Register; services; or NANT PRODUCTS.— (B) responses to any comments submitted ‘‘(II) the Postal Service to provide the ‘‘(1) SUBMISSION OF PROPOSAL.—If the Post- under paragraph (2); and services in addition to another entity pro- al Service determines that there should be a (C) an analysis of the financial impact that viding the services; change in the nature of postal services relat- the proposed change would have on— ‘‘(iii) would not create unfair competition ing to market-dominant products that will (i) the Postal Service; and with the private sector, taking into consider- generally affect service on a nationwide or (ii) the customers of the Postal Service ation the extent to which the Postal Service substantially nationwide basis, the Postal that would be affected by the proposed will not, either by legal obligation or volun- Service shall submit a proposal to the Postal change; and tarily, comply with any State or local re- Regulatory Commission requesting an advi- (4) establish an effective date for the quirements that are generally applicable to sory opinion on the change. change to mailing specifications that is not persons that provide the services; ‘‘(2) ADVISORY OPINION.—Upon receipt of a earlier than 30 days after the date on which ‘‘(iv) will be undertaken in accordance proposal under paragraph (1), the Postal Reg- the Postal Service publishes the final change with all Federal laws generally applicable to ulatory Commission shall— under paragraph (3). the provision of such services; and ‘‘(A) provide an opportunity for public (b) EXCEPTION FOR GOOD CAUSE.—If the ‘‘(v) has the potential to improve the net comment on the proposal; and Postal Service determines that there is an financial position of the Postal Service, ‘‘(B) issue an advisory opinion not later urgent and compelling need for a change to based on a market analysis provided to the than— a mailing specification described in sub- Postal Regulatory Commission by the Postal ‘‘(i) 90 days after the date on which the section (a) in order to avoid demonstrable Service; and Postal Regulatory Commission receives the harm to the operations of the Postal Service ‘‘(B) for services that the Postal Regu- proposal; or or to the public interest, the Postal Service latory Commission determines meet the cri- ‘‘(ii) a date that the Postal Regulatory may— teria under subparagraph (A), classifies each Commission and the Postal Service may, not (1) change the mailing specifications by— such service as a market-dominant product, later than 1 week after the date on which the (A) issuing an interim final rule that— competitive product, or experimental prod- Postal Regulatory Commission receives the (i) includes a finding by the Postal Service uct, as required under chapter 36 of title 39, proposal, determine jointly. that there is good cause for the interim final United States Code;’’; and ‘‘(3) RESPONSE TO OPINION.—The Postal rule; (2) in subsection (e)(2), by striking ‘‘Noth- Service shall submit to the President and to (ii) provides an opportunity for the submis- ing’’ and all that follows through ‘‘except Congress a response to an advisory opinion sion of written comments on the interim that the’’ and inserting ‘‘The’’. issued under paragraph (2) that includes— final rule for a period of not less than 30 (b) COMPLAINTS.—Section 3662(a) of title 39, ‘‘(A) a statement of whether the Postal days; and United States Code, is amended by inserting Service plans to modify the proposal to ad- (iii) establishes an effective date for the in- ‘‘404(a)(6)(A),’’ after ‘‘403(c),’’. dress any concerns or implement any rec- terim final rule that is not earlier than 30 (c) MARKET ANALYSIS.—During the 5-year ommendations made by the Commission; and days after the date on which the interim period beginning on the date of enactment of ‘‘(B) for any concern that the Postal Serv- final rule is issued; and this Act, the Postal Service shall submit a ice determines not to address and any rec- (B) publishing in the Federal Register a re- copy of any market analysis provided to the ommendation that the Postal Service deter- sponse to any comments submitted under Commission under section 404(a)(6)(A)(v) of mines not to implement, the reasons for the subparagraph (A)(ii); and title 39, United States Code, as amended by determination. (2) waive the requirement under paragraph this section, to the Committee on Homeland ‘‘(4) ACTION ON PROPOSAL.—The Postal (1)(A)(iii) or subsection (a)(4). Security and Governmental Affairs of the Service may take action regarding a pro- (c) RULES RELATING TO NOTICE AND COM- Senate and the Committee on Oversight and posal submitted under paragraph (1)— MENT.— Government Reform of the House of Rep- ‘‘(A) on or after the date that is 30 days (1) IN GENERAL.—Not later than 180 days resentatives. after the date on which the Postal Service after the date of enactment of this Act, the SEC. 212. CHIEF INNOVATION OFFICER; INNOVA- submits the response required under para- Postal Service shall issue rules governing TION STRATEGY. graph (3); the provision of notice and opportunity for (a) CHIEF INNOVATION OFFICER.— ‘‘(B) on or after a date that the Postal Reg- comment for changes in mailing specifica- (1) IN GENERAL.—Chapter 2 of title 39, ulatory Commission and the Postal Service tions under subsection (a). United States Code, is amended by adding at may, not later than 1 week after the date on (2) RULES.—In issuing the rules required the end the following: which the Postal Regulatory Commission re- under paragraph (1), the Postal Service ‘‘§ 209. Chief innovation officer ceives a proposal under paragraph (2), deter- shall— ‘‘(a) ESTABLISHMENT.—There shall be in the mine jointly; or (A) publish a notice of proposed rule- Postal Service a Chief Innovation Officer ap- ‘‘(C) after the date described in paragraph making in the Federal Register that includes pointed by the Postmaster General. (2)(B), if— proposed definitions of the terms ‘‘mailing ‘‘(b) QUALIFICATIONS.—The Chief Innova- ‘‘(i) the Postal Regulatory Commission specifications’’ and ‘‘significant burden’’; tion Officer shall have proven expertise and fails to issue an advisory opinion on or be- (B) provide an opportunity for the submis- a record of accomplishment in areas such fore the date described in paragraph (2)(B); sion of written comments concerning the as— and proposed change for a period of not less than ‘‘(1) the postal and shipping industry; ‘‘(ii) the action is not otherwise prohibited 30 days; and ‘‘(2) innovative product research and devel- under Federal law. (C) publish— opment;

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‘‘(3) brand marketing strategy; ice, other than the offering of new products (1) COMPOSITION.—The Advisory Commis- ‘‘(4) new and emerging technology, includ- and services; and sion shall be composed of 7 members, of ing communications technology; or (viii) the metrics that will be used to as- whom— ‘‘(5) business process management. sess the effectiveness of the innovation (A) 3 members shall be appointed by the ‘‘(c) DUTIES.—The Chief Innovation Officer strategy. President, who shall designate 1 member ap- shall lead the development and implementa- (2) ANNUAL REPORT.— pointed under this subparagraph to serve as tion of— (A) IN GENERAL.—Not later than 1 year Chairperson of the Advisory Commission; ‘‘(1) innovative postal products and serv- after the date of the submission of the initial and ices, particularly products and services that report containing the innovation strategy (B) 1 member shall be appointed by each use new and emerging technology, including under paragraph (1), and annually thereafter of— communications technology, to improve the for 10 years, the Postmaster General, acting (i) the majority leader of the Senate; net financial position of the Postal Service; through the Chief Innovation Officer, shall (ii) the minority leader of the Senate; and submit a report on the implementation of (iii) the Speaker of the House of Represent- ‘‘(2) nonpostal products and services au- the innovation strategy to— atives; and thorized under section 404(a)(6) that have the (i) the Committee on Homeland Security (iv) the minority leader of the House of potential to improve the net financial posi- and Governmental Affairs of the Senate; and Representatives. tion of the Postal Service. (ii) the Committee on Oversight and Gov- (2) QUALIFICATIONS.—Members of the Advi- ‘‘(d) DEADLINE.—The Postmaster General ernment Reform of the House of Representa- sory Commission shall be prominent citizens shall appoint a Chief Innovation Officer not tives. having— later than 90 days after the date of enact- (B) MATTERS TO BE ADDRESSED.—At a min- (A) significant depth of experience in such ment of the 21st Century Postal Service Act imum, an annual report submitted under fields as business and public administration; of 2012. subparagraph (A) shall include— (B) a reputation for innovative thinking; ‘‘(e) CONDITION.— (i) an update of the initial report on inno- (C) familiarity with new and emerging ‘‘(1) IN GENERAL.—The Chief Innovation Of- vation strategy submitted under paragraph ficer may not hold any other office or posi- (1); technologies; and tion in the Postal Service while serving as (ii) a description of the progress made by (D) experience with revitalizing organiza- Chief Innovation Officer. the Postal Service in implementing the prod- tions that experienced significant financial ‘‘(2) RULE OF CONSTRUCTION.—Nothing in ucts, services, and other innovations de- challenges or other challenges. this section shall be construed to prohibit an scribed in the initial report on innovation (3) INCOMPATIBLE OFFICES.—An individual individual who holds another office or posi- strategy; who is appointed to the Advisory Commis- tion in the Postal Service at the time the in- (iii) an analysis of the performance of each sion may not serve as an elected official or dividual is appointed Chief Innovation Offi- product, service, or other innovation de- an officer or employee of the Federal Gov- cer from serving as the Chief Innovation Of- scribed in the initial report on innovation ernment while serving as a member of the ficer under this section.’’. strategy, including— Advisory Commission, except in the capacity (2) TECHNICAL AND CONFORMING AMEND- (I) the revenue generated by each product of that individual as a member of the Advi- MENT.—The table of sections for chapter 2 of or service developed in accordance with the sory Commission. title 39, United States Code, is amended by innovation strategy under this section and (4) DEADLINE FOR APPOINTMENT.—Each adding at the end the following: the cost of developing and offering each member of the Advisory Commission shall be ‘‘209. Chief innovation officer.’’. product or service for the preceding year; appointed not later than 45 days after the (b) INNOVATION STRATEGY.— (II) trends in each market in which a prod- date of enactment of this Act. (1) INITIAL REPORT ON INNOVATION STRAT- uct or service is intended to satisfy a de- (5) MEETINGS; QUORUM; VACANCIES.— EGY.— mand; (A) MEETINGS.—The Advisory Commission (A) IN GENERAL.—Not later than 1 year (III) each product or service identified in shall meet at the call of the Chairperson or after the date of enactment of this Act, the the innovation strategy that is to be discon- a majority of the members of the Advisory Postmaster General, acting through the tinued, the date on which each discontinu- Commission. Chief Innovation Officer, shall submit a re- ance will occur, and the reasons for each dis- (B) QUORUM.—4 members of the Advisory port that contains a comprehensive strategy continuance; Commission shall constitute a quorum. (referred to in this subsection as the ‘‘inno- (IV) each alteration that the Postal Serv- (C) VACANCIES.—Any vacancy in the Advi- vation strategy’’) for improving the net fi- ice plans to make to a product or service sory Commission shall not affect the powers nancial position of the Postal Service identified in the innovation strategy to ad- of the Advisory Commission, but shall be through innovation, including the offering of dress changing market conditions and an ex- filled as soon as practicable in the same new postal and nonpostal products and serv- planation of how each alteration will ensure manner in which the original appointment ices, to— the success of the product or service; was made. (i) the Committee on Homeland Security (V) the performance of innovations other (d) DUTIES AND POWERS.— and Governmental Affairs of the Senate; and than new products and services that are de- (1) DUTIES.—The Advisory Commission (ii) the Committee on Oversight and Gov- signed to improve the net financial position shall— ernment Reform of the House of Representa- of the Postal Service; and (A) study matters that the Advisory Com- tives. (VI) the performance of the innovation mission determines are necessary and appro- (B) MATTERS TO BE ADDRESSED.—At a min- strategy according to the metrics described priate to develop a strategic blueprint for imum, the report on innovation strategy re- in paragraph (1)(B)(viii). quired under subparagraph (A) shall de- the long-term solvency of the Postal Service, SEC. 213. STRATEGIC ADVISORY COMMISSION ON including— scribe— POSTAL SERVICE SOLVENCY AND IN- (i) the specific innovative postal and non- NOVATION. (i) the financial, operational, and struc- postal products and services to be developed tural condition of the Postal Service; (a) ESTABLISHMENT.— and offered by the Postal Service, includ- (ii) alternative strategies and business (1) IN GENERAL.—There is established in the ing— models that the Postal Service could adopt; Postal Service a Strategic Advisory Commis- (iii) opportunities for additional postal and (I) the nature of the market demand to be sion on Postal Service Solvency and Innova- satisfied by each product or service; and nonpostal products and services that the tion (in this section referred to as the ‘‘Advi- Postal Service could offer; (II) the estimated date by which each prod- sory Commission’’). uct or service will be introduced; (iv) innovative services that postal serv- (2) INDEPENDENCE.—The Advisory Commis- (ii) the cost of developing and offering each ices in foreign countries have offered, includ- sion shall not be subject to the supervision ing services that respond to the increasing product or service; of the Board of Governors of the Postal Serv- use of electronic means of communication; (iii) the anticipated sales volume for each ice (in this section referred to as the ‘‘Board and product or service; of Governors’’), the Postmaster General, or (v) the governance structure, management (iv) the anticipated revenues and profits to any other officer or employee of the Postal structure, and management of the Postal be generated by each product or service; Service. (v) the likelihood of success of each prod- Service, including— uct or service and the risks associated with (b) PURPOSE.—The purpose of the Advisory (I) the appropriate method of appointment, the development and sale of each product or Commission is— qualifications, duties, and compensation for service; (1) to provide strategic guidance to the senior officials of the Postal Service, includ- (vi) the trends anticipated in market con- President, Congress, the Board of Governors, ing the Postmaster General; and ditions that may affect the success of each and the Postmaster General on enhancing (II) the number and functions of senior of- product or service during the 5-year period the long-term solvency of the Postal Service; ficials of the Postal Service and the number beginning on the date of the submission of and of levels of management of the Postal Serv- the report under subparagraph (A); (2) to foster innovative thinking to address ice; and (vii) any innovations designed to improve the challenges facing the Postal Service. (B) submit the report required under sub- the net financial position of the Postal Serv- (c) MEMBERSHIP.— section (f).

VerDate Mar 15 2010 04:26 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A16AP6.024 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE S2342 CONGRESSIONAL RECORD — SENATE April 16, 2012 NOTICES OF HEARINGS fore the Committee on Energy and Nat- publicans controlling the first half and COMMITTEE ON HEALTH, EDUCATION, LABOR, ural Resources. The hearing will be the majority controlling the final half; AND PENSIONS held on Thursday, April 26, 2012, at 9:30 that following morning business, the Mr. HARKIN. Mr. President, I wish to a.m., in room SD–366 of the Dirksen Senate resume consideration of the announce that the Committee on Senate Office Building. motion to invoke cloture on the mo- Health, Education, Labor, and Pen- The purpose of the hearing is to re- tion to proceed to S. 1789, the postal re- sions will meet in open session on ceive testimony on weather related form bill, under the previous order; and Wednesday, April 18, 2012 at 10 a.m., in electrical outages. that the Senate recess from 12:30 p.m. SD–430 Dirksen Senate Office Building Because of the limited time available until 2:15 p.m., to allow for the weekly to conduct a hearing entitled Effective for the hearing, witnesses may testify caucus meetings. Strategies for Accelerated Learning. by invitation only. However, those The PRESIDING OFFICER. Without For further information regarding wishing to submit written testimony objection, it is so ordered. this meeting, please contact the com- for the hearing record should send it to f mittee on (202) 224–5501. the Committee on Energy and Natural Resources, United States Senate, 304 PROGRAM COMMITTEE ON ENERGY AND NATURAL RESOURCES Dirksen Senate Office Building, Wash- Mr. WHITEHOUSE. Mr. President, I Mr. BINGAMAN. Mr. President, I ington, DC 20510–6150, or by email to am advised to inform my colleagues would like to announce for the infor- [email protected]. that the first vote tomorrow will be at mation of the Senate and the public For further information, please con- approximately 11:10 a.m. on the motion that a hearing has been scheduled be- tact Leon Lowery at 202–224–2209, or to invoke cloture on the motion to pro- fore the Committee on Energy and Nat- Meagan Gins at 202–224–0883. ceed to S. 1789. ural Resources. The hearing will be f f held on Thursday, April 19, 2012, at 9:30 PRIVILEGES OF THE FLOOR a.m., in room SD–366 of the Dirksen ADJOURNMENT UNTIL 10 A.M. Senate Office Building. Mr. HARKIN. Mr. President, I ask TOMORROW The purpose of the hearing is to re- unanimous consent that Maria Mr. WHITEHOUSE. If there is no fur- ceive testimony on the impacts of sea Worthen, Brendan Iglehart, and Andrea ther business to come before the Sen- level rise on domestic energy and water Jarcho of my staff be granted floor ate, I ask unanimous consent that it infrastructure. privileges for the duration of today’s adjourn under the previous order. Because of the limited time available session. There being no objection, the Senate, for the hearing, witnesses may testify The ACTING PRESIDENT pro tem- at 7:19 p.m, adjourned until Tuesday, by invitation only. However, those pore. Without objection, it is so or- April 17, 2012, at 10 a.m. wishing to submit written testimony dered. f for the hearing record should send it to f the Committee on Energy and Natural NOMINATIONS Resources, United States Senate, 304 UNANIMOUS CONSENT AGREEMENT—S. 1789 Executive nominations received by Dirksen Senate Office Building, Wash- the Senate: ington, DC 20510–6150, or by email to Mr. WHITEHOUSE. Mr. President, I HARRY S TRUMAN SCHOLARSHIP FOUNDATION MeaganlGinsaenergy.senate.gov. ask unanimous consent that following INGRID A. GREGG, OF MICHIGAN, TO BE A MEMBER OF For further information, please con- morning business on Tuesday, April 17, THE BOARD OF TRUSTEES OF THE HARRY S TRUMAN tact Kevin Rennert at 202–224–7826, the motion to proceed to the motion to SCHOLARSHIP FOUNDATION FOR A TERM EXPIRING DE- CEMBER 10, 2017, VICE JOHN E. KIDDE, TERM EXPIRED. Kelly Kryc at 202–224–0537 or Meagan reconsider the vote by which cloture JAMES L. HENDERSON, OF KENTUCKY, TO BE A MEM- Gins at 202–224–0883. was not invoked on the motion to pro- BER OF THE BOARD OF TRUSTEES OF THE HARRY S TRU- MAN SCHOLARSHIP FOUNDATION FOR A TERM EXPIRING COMMITTEE ON HEALTH, EDUCATION, LABOR, ceed to S. 1789, be agreed to; that the DECEMBER 10, 2017, VICE JOHN PEYTON, TERM EXPIRED. AND PENSIONS motion to reconsider be agreed to and VICKI MILES-LAGRANGE, OF OKLAHOMA, TO BE A MEM- BER OF THE BOARD OF TRUSTEES OF THE HARRY S TRU- Mr. HARKIN. Mr. President, I wish to that there be up to 10 minutes of de- MAN SCHOLARSHIP FOUNDATION FOR A TERM EXPIRING announce that the Committee on bate, equally divided between the two DECEMBER 10, 2015, VICE ROGER L. HUNT, TERM EXPIRED. Health, Education, Labor, and Pen- leaders or their designees, on the mo- MORRIS K. UDALL AND STEWART L. UDALL sions will meet in open session on tion to invoke cloture on the motion to FOUNDATION Thursday, April 19, 2012 at 10 a.m., in proceed to S. 1789; that upon the use or CHARLES P. ROSE, OF ILLINOIS, TO BE A MEMBER OF SD–430 Dirksen Senate Office Building THE BOARD OF TRUSTEES OF THE MORRIS K. UDALL AND yielding back of time, the Senate pro- STEWART L. UDALL FOUNDATION FOR A TERM EXPIRING to conduct a hearing entitled Time ceed to the cloture vote on the motion APRIL 16, 2017, VICE STEPHEN M. PRESCOTT, TERM EX- Takes Its Toll: Delays in OSHA’s to proceed to S. 1789, upon reconsider- PIRED. Standard-Setting Process and the Im- ation. DEPARTMENT OF STATE pact on Worker Safety. The PRESIDING OFFICER. Without JAY NICHOLAS ANANIA, OF MARYLAND, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF For further information regarding objection, it is so ordered. MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- this meeting, please contact the com- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES f OF AMERICA TO THE REPUBLIC OF SURINAME. mittee on (202) 224–5441. GENE ALLAN CRETZ, OF NEW YORK, A CAREER MEM- COMMITTEE ON INDIAN AFFAIRS ORDERS FOR TUESDAY, APRIL 17, BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- 2012 ISTER—COUNSELOR, TO BE AMBASSADOR EXTRAOR- Mr. AKAKA. Mr. President, I would DINARY AND PLENIPOTENTIARY OF THE UNITED STATES like to announce that the Committee Mr. WHITEHOUSE. Mr. President, I OF AMERICA TO THE REPUBLIC OF GHANA. SUSAN MARSH ELLIOTT, OF FLORIDA, A CAREER MEM- on Indian Affairs will meet on Thurs- ask unanimous consent that when the BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- day, April 19, 2012, at 2:15 p.m., in room Senate completes its business today, SELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA 628 of the Dirksen Senate Office Build- the Senate adjourn until Tuesday, TO THE REPUBLIC OF TAJIKISTAN. ing to conduct a legislative hearing on April 17, at 10 a.m.; that following the DAVID J. LANE, OF FLORIDA, FOR THE RANK OF AM- BASSADOR DURING HIS TENURE OF SERVICE AS U.S. S. 1684, the Indian Tribal Energy Devel- prayer and pledge, the Journal of Pro- REPRESENTATIVE TO THE UNITED NATIONS AGENCIES opment and Self-Determination Act ceedings be approved to date, the FOR FOOD AND AGRICULTURE. Amendments of 2011. Those wishing ad- morning hour be deemed expired, and PRIVACY AND CIVIL LIBERTIES OVERSIGHT ditional information may contact the the time for the two leaders be re- BOARD Indian Affairs Committee at (202) 224– served for their use later in the day; PATRICIA M. WALD, OF THE DISTRICT OF COLUMBIA, TO BE A MEMBER OF THE PRIVACY AND CIVIL LIBERTIES 2251. that following any leader remarks, the OVERSIGHT BOARD FOR A TERM EXPIRING JANUARY 29, COMMITTEE ON ENERGY AND NATURAL Senate be in a period of morning busi- 2019. (REAPPOINTMENT) RESOURCES ness until 11 a.m., with Senators per- f Mr. BINGAMAN. Mr. President, I mitted to speak therein for up to 10 would like to announce for the infor- minutes each, with the time equally di- CONFIRMATION mation of the Senate and the public vided and controlled between the two Executive nomination confirmed by that a hearing has been scheduled be- leaders or their designees, with the Re- the Senate April 16, 2012:

VerDate Mar 15 2010 04:26 Apr 17, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A16AP6.026 S16APPT1 tjames on DSK6SPTVN1PROD with SENATE April 16, 2012 CONGRESSIONAL RECORD — SENATE S2343

THE JUDICIARY STEPHANIE DAWN THACKER, OF WEST VIRGINIA, TO BE UNITED STATES CIRCUIT JUDGE FOR THE FOURTH CIR- CUIT.

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