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

Vol. 157 WASHINGTON, SATURDAY, DECEMBER 17, 2011 No. 195 House of Representatives The House was not in session today. Its next meeting will be held on Monday, December 19, 2011, at 10 a.m. Senate SATURDAY, DECEMBER 17, 2011

The Senate met at 9 a.m. and was The assistant legislative clerk read VOTE COMPROMISES called to order by the Honorable RICH- the following letter: Mr. REID. Mr. President, as happens ARD BLUMENTHAL, a Senator from the U.S. SENATE, once in a while here, we do not have a State of Connecticut. PRESIDENT PRO TEMPORE, final score on part of the payroll tax Washington, DC, December 17, 2011. issue that we have, the legislation. PRAYER To the Senate: Joint Tax, CBO said they will have the The Chaplain, Dr. Barry C. Black, of- Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby score by 10 o’clock today. Therefore, fered the following prayer: appoint the Honorable RICHARD we are going to reverse the order of Let us pray. BLUMENTHAL, a Senator from the State of what we are doing. We are going to Today, O God, we magnify Your Connecticut, to perform the duties of the vote on the matters relating to the om- Name for Your purity, holiness, and Chair. nibus first. However, I ask unanimous justice as the Judge of the universe. DANIEL K. INOUYE, consent that if the Reid-McConnell Let Your purity, holiness, and justice President pro tempore. substitute amendment is not agreed be seen on Capitol Hill today. Bind our Mr. BLUMENTHAL thereupon as- to—that is the payroll tax issue—the lawmakers together in the oneness of a sumed the chair as Acting President Senate’s action with respect to the shared commitment to You, a pas- pro tempore. conference report to accompany H.R. sionate patriotism, and a loyal dedica- 2055 and H.R. 3672 be vitiated and the tion to find Your solutions for the con- f majority leader be recognized. The ACTING PRESIDENT pro tem- cerns that confront and often divide us. RESERVATION OF LEADER TIME May the words of our Senators and the pore. Is there objection? meditations of their hearts be accept- The ACTING PRESIDENT pro tem- The Senator from Tennessee. able to You. Use their labors so that pore. Under the previous order, the Mr. CORKER. Mr. President, what justice will roll down like waters and leadership time is reserved. was the parliamentary procedure the righteousness like a mighty stream. Mr. REID. I suggest the absence of a leader just referred to? We pray in Your merciful Name. quorum. Mr. REID. We do not have a final Amen. The ACTING PRESIDENT pro tem- score on the payroll tax matter. There is something dealing with SGR that is f pore. The clerk will call the roll. The assistant legislative clerk pro- not quite right, so we want to make PLEDGE OF ALLEGIANCE ceeded to call the roll. sure everything is totally paid for. We The Honorable RICHARD BLUMENTHAL Mr. REID. Mr. President, I ask unan- are going to get a score in just a few led the Pledge of Allegiance, as follows: imous consent that the order for the minutes, probably by 10 o’clock for I pledge allegiance to the Flag of the quorum call be rescinded. sure, and we want to reverse the order. United States of America, and to the Repub- The ACTING PRESIDENT pro tem- We are going to do all the omnibus lic for which it stands, one nation under God, pore. Without objection, it is so or- stuff because people have things to do indivisible, with liberty and justice for all. dered. and want to leave. But if by some hap- f penchance the payroll tax does not f APPOINTMENT OF ACTING pass, then all this stuff, the votes on PRESIDENT PRO TEMPORE RECOGNITION OF THE MAJORITY the omnibus, would be vitiated. Mr. CORKER. I object. The PRESIDING OFFICER. The LEADER The ACTING PRESIDENT pro tem- clerk will please read a communication The ACTING PRESIDENT pro tem- pore. Objection is heard. to the Senate from the President pro pore. The majority leader is recog- Mr. REID. I suggest the absence of a tempore (Mr. INOUYE). nized. quorum.

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

S8745

.

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8746 CONGRESSIONAL RECORD — SENATE December 17, 2011 The ACTING PRESIDENT pro tem- The omnibus is much better than it in working out the Nebraska aspects of pore. The clerk will call the roll. was previously. We were able to actu- this to the satisfaction of his Governor The legislative clerk proceeded to ally pass individual appropriations and his State legislature. call the roll. bills this year. The goal of the Repub- So why were Republicans fighting for Mr. REID. Mr. President, I ask unan- lican leader and me is to pass them all the pipeline? We knew the whole rea- imous consent that the order for the next year. We are going to try. It is son we were even talking about tem- quorum call be rescinded. going to be one of our important issues porary tax relief and extending unem- The ACTING PRESIDENT pro tem- we have to deal with, to try to get our ployment benefits is because 3 years pore. Without objection, it is so or- appropriations bills back together. into this administration the private dered. I, when I first came to the Senate, sector is still gasping, literally gasping Mr. REID. Mr. President, in the Sen- became an appropriator. I think that for air. So we said let’s also do some- ate we work on an adversarial basis committee is so integral to how this thing that would help create private lots of times because that is the way body works, and it has not been work- sector jobs. Let’s start to change the the Founding Fathers set up our coun- ing well; that is, the appropriations equation and do something that will try. I am not going to give a long lec- process. actually get at the heart of the prob- ture on this because I know people So people may be disturbed about lem. have a lot to do. some of the stuff that is on the floor, Keystone was an obvious choice. Ev- This little Constitution was very but it was true legislation because it erybody in Washington says they want hard to come by. It was very hard to was compromise. The omnibus—there more American jobs right now. Well, come by. We tried the Articles of Con- are lots of things in that I do not like, here is the single largest shovel-ready federation. They did not work at all. and I will bet you every Senator has project in America. It is literally ready We had the State of Rhode Island, a lit- something in it that they do not like. to go awaiting the permission of the tle, tiny place, with not many people in With the package we have dealing President of the United States. it; we had the big State of New York, with unemployment, the package with Some of the news outlets are calling with lots of territory and lots of peo- the payroll tax and SGR, there are this pipeline controversial. I have no ple. things in there I would rather not have idea why it could be called controver- How were they going to work that sial. The labor unions like it, many out? They could not—until a man from in either one of those, but we are here because that is the way we were able to Democrats want it, it strengthens our Connecticut, Elbridge Gerry, came as national security by decreasing the one of the delegates, in June of 1787, to bring this and lead to what I think is an accomplishment that is important amount of oil we get from unfriendly Philadelphia, who said: I have a great countries, and it would not cost the idea. It was an idea that had never for the American people. I appreciate the ability of the Repub- taxpayers a dime—not a dime. It is a been tried before. It was a stunningly private sector project ready to go. interesting idea that he had. He sug- lican leader and myself to sit down and talk, as we do, often, away from all of All we are doing is saying the Presi- gested to the Founding Fathers a bi- dent has 60 days to decide whether the cameral legislature, having a legisla- you, away from everybody. We started this conversation alone, and we ended project is in the national interest—60 ture made up of two bodies, two legis- days for the President to make a deci- it alone, working on these measures we lative bodies, the House and the Sen- sion one way or the other. Since most have here. I know members of my cau- ate. That is the reason we are able to of us have not heard a good reason cus say: Why couldn’t I have been in on have a constitution. from the White House as to why they doing all this stuff? We involved as But in the process, built into our would block it, I am very hopeful the Constitution is constant vying for many people as we could. But, ultimately, as hard as it is for President, in the course of this 60 days, power. You have the executive branch, will do the right thing for the country the two of us, we, on occasion, have to the judicial branch, but within the leg- and get this crucial project underway. do what we think is right for the good islative branch, there is constant vying The only thing standing between for power between the House and the of the country. So I appreciate very thousands of American workers and Senate. That is the case, even though much the Republican leader and his the good jobs this project will provide both bodies may be of one party. When ability to remain friends with me, as I is a Presidential decision. As I said, I PELOSI was the Speaker, the Speaker do with him. I hope everybody under- am hopeful and optimistic the Presi- and I were very good friends, but we stands today is a very important day dent will make the right decision. had problems trying to work out things for our country because we are doing I thank my friend, the majority lead- between the two bodies. When you have today exactly what the Founding Fa- er, for the opportunity to work to- one body with one party and the other thers thought we would do. gether with him on something that body with another party, it becomes Mr. MCCONNELL. Mr. President, I could actually pass the Senate and be even more difficult. want to make just a few comments signed by the President. The times we are going through are about the pipeline-payroll package I yield the floor. not unusual for the Senate in the 200- that the majority leader and I have of- Mr. LEAHY. Mr. President, we are plus years we have been a country. In fered on which we will be voting short- close to voting on a payroll tax exten- fact, they are very peaceful and calm ly. It is not the bill I would have writ- sion bill that includes a House provi- compared to sometimes. As we know, a ten. It falls short in several respects, in sion designed to force the President to Member of the House of Representa- not having both certainty—the cer- approve the Keystone XL tar sands oil tives did not like what a Senator from tainty issue is awfully important to pipeline. Proponents of this tar sands Massachusetts was saying. He came the private sector if we are going to project argue that it belongs on this over here and, with his cane, nearly come out of this economic slowdown. bill for one reason: building the pipe- beat to death the Senator from Massa- But as the majority leader has indi- line would create jobs. chusetts. The Senator from Massachu- cated, our side approached this debate Any construction project creates setts was out of work for 2 years, and conscious of something Democrats in jobs, and it is no surprise that this de- he was irreparably damaged. His health Washington tend to forget these days; bate has come down to this. Unable to never returned. that is, in order to achieve something sell the pipeline as necessary to meet So I know how difficult and hard it is around here, we have to compromise. the country’s energy needs, which it is for people to accept our way of doing As the majority leader indicated, not, or to refute charges that tar sands business. But if you look back over the that is, in fact, what we have done. We strip mining and the refining and burn- time we have been a country, it has have crafted a bill not designed to fail ing of high carbon oil cause egregious worked out pretty well. For example, but designed to pass. The main thing harm to the environment and health, what we are going to vote on shortly— Republicans were fighting for and got which it does, the Canadian energy both the omnibus, the spending bill; was the Keystone XL Pipeline provi- company TransCanada has flooded the and the payroll tax—were truly legisla- sion authored by Senator LUGAR and media with dire warnings about the tive accomplishments. They were com- also Senator HOEVEN, and Senator American jobs that will be lost if the promises. JOHANNS was particularly instrumental pipeline is rejected.

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8747 Not surprisingly, our Republican concerns about the proposed pipeline stacles and no indication that such an friends, always ready to fight for the and the impact of tar sands oil on glob- alternative route is a viable option. oil companies, have echoed these scare al warming. Others maintain that the carbon tactics. Since then, concern about the pipe- emissions from extracting and refining What they don’t tell you is that the line has evolved into a heated con- this oil would not appreciably exceed 5,000 or 6,000 temporary construction troversy over the impact the pipeline those from oil shipped by tanker from jobs will disappear once the pipeline is will have on our Nation’s energy pol- the Middle East, but they do not ad- built. Only a few hundred permanent icy, our continuing dependence on fos- dress the environmental harm and pol- jobs are needed to operate and main- sil fuels, and the environment. lution caused by the strip mining and tain the pipeline. From the beginning, I had misgivings separation process. And they also don’t mention that the about the State Department’s ability Then there is the jobs issue, which choice is not between jobs or no jobs. to conduct a thorough, credible assess- has been shamelessly exaggerated in a They ignore the tens of thousands of ment of a project of this complexity last-ditch attempt to win votes in a permanent, safe American jobs that that they were approaching with an at- time of economic hardship. could be created by investing in clean, titude of inevitability. The State De- Last month, in response to concerns renewable sources of energy, which, un- partment did not anticipate the strong about the crucial aquifer that the pipe- like tar sands oil, don’t pollute and reaction of Members of Congress of line would traverse in the Midwest, the will not be used up in a few short dec- both parties, including several from White House announced that the State ades. Midwestern States that have been cop- Department would consider alternative People can disagree about building ing with multiple oilspills from the routes through Nebraska and that the the Keystone Pipeline, but there is original Keystone Pipeline—oilspills President would make a decision in more to this than the short-term jobs that have caused damage costing hun- 2013. Now, Republican defenders of the it would create. Jamming it through dreds of millions of dollars that com- oil industry want to short circuit this Congress on this bill in the waning pany officials have treated as incon- process, whatever the risks. hours of the session has a lot more to sequential. Fossil fuels are finite, inefficient, do with politics than jobs. Concerns about the risks of this and dirty. The cost we pay at the gas The Keystone provision in this pay- project have united not only those liv- pump bears no resemblance to the roll tax extension would force the ing along the proposed route but people long-term environmental and health President to approve or disapprove the across the Nation, including in costs borne by society as a whole. pipeline within 60 days. Any decision to Vermont, as well as in Canada, who We cannot lessen our reliance on fos- grant a permit would be ‘‘deemed,’’ by care about the environment and who sil fuels by continually ignoring it, nor Congress, to satisfy all the environ- understand the need to wean our Na- can we do it by spending huge amounts mental requirements, even if it does tion from oil and other fossil fuels. of money, energy, and American inge- not, and any modification to the con- Every President since the 1970s has nuity to search the farthest reaches of struction mitigation and reclamation spoken of the need to reduce our de- the globe for every last drop of oil, re- plan ‘‘shall not’’ require supplemen- pendence on oil and coal, but despite gardless of how dangerous or harmful tation of the final environmental im- all the speeches, year after year we are to the environment. pact statement. In other words, don’t more dependent on these finite, pol- This pipeline would perpetuate a study the consequences or give the luting sources of energy than ever be- costly dependence that has gotten public a chance to comment on the re- fore. worse year after year, for which we are vised plan. Today, energy companies are spend- all to blame. Keystone XL would once This is from Members of Congress ing staggering amounts of money in again do nothing to address the prob- who in the last election ran on a plat- search of new sources of oil in some of lems associated with fossil fuels. It form of ‘‘open’’ government. Yet when the most inhospitable places on Earth, would virtually assure more oilspills, it it comes to helping Big Oil, it is a dif- where its extraction involves great would do nothing to promote conserva- ferent story. They cut the time for risks to the workers involved, to the tion and reduce waste, and it would do making a decision from a year to 60 environment, and to precious sources nothing to spur investment in clean en- days and short circuit the environ- of water for drinking and irrigation. ergy alternatives. mental review process. Forget the No matter what we do today, later Most important, it would provide yet science. Forget the public. Preempt the this week, or later this month, this another excuse to once again postpone law. Ignore the risk. The only thing country will be dependent on fossil for another day the urgent, national that matters is pumping more oil. fuels for many years to come. But security imperative of developing a Tar sands are a particularly dirty while TransCanada and its supporters sustainable energy policy for this coun- source of petroleum, from extraction to extol the virtues of the Keystone XL try. That is what the decision about refinement. Anyone who is interested, Pipeline, as the minority leader and the Keystone XL tar sands oil pipeline regardless of which side of this debate others have done, simply by reducing has come to represent regardless of they are on, should look at the photo- waste we could eliminate entirely the what route it takes. graphs of the tar sands mines in the bo- need for the energy from the oil that Mr. President, sometimes a bad situ- real forests of Alberta. What was once would flow through the pipeline. It is ation can be the beginning of some- an extraordinarily beautiful landscape one of those inconvenient facts they thing better. Once this bill is passed, has been ravaged by heavy machinery, would prefer to ignore. President Obama will have 60 days to vast ponds filled with polluted water I come from a State that shares a decide if building the pipeline is in the and sludge, and a ruined wasteland border with Canada. My wife’s family national interest. He should reject where the forests used to be. is Canadian. I have a great fondness for these strong-arm tactics by the other We all know that the extraction of that ‘‘giant to the north.’’ But this party. He should use this blatantly po- oil, minerals, and other natural re- issue is not about U.S. relations with litical maneuver as an opportunity to sources harms the environment, but Canada. We are inseparable neighbors, inaugurate a new energy policy that there are degrees of harm. Extracting friends, and allies. There are strong will finally end our dependency on for- heavy oil from tar sands is among the views about this pipeline, pro and con, eign oil. It is time to finally put the most energy-intensive and destructive. in both countries. As Americans, we environment, and the health and en- Under the law, the State Department have to do what is right for our coun- ergy security of the American people, has the responsibility to approve or try’s energy future, for the environ- above the interests of the fossil fuel in- disapprove the pipeline because it ment, for our citizens. dustry. crosses an international boundary. Some have argued that if this pipe- Mr. LEVIN. Mr. President, once More than a year ago, I and 10 other line is not built, TransCanada will sim- again, the Senate finds itself in an un- Senators—Republicans and Demo- ply build another pipeline to the coast tenable situation. We can approve the crats—sent the first of a series of let- of British Columbia and export the oil legislation before us, which is inad- ters to the State Department raising to China. But there are significant ob- equate to the needs of our Nation, or

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8748 CONGRESSIONAL RECORD — SENATE December 17, 2011 we can reject this legislation and make hospitals. Without it, their ability to once again forced us to choose between matters even worse. I will vote to ap- continue providing care to Michigan’s the unacceptable and the catastrophic. prove this legislation, but I will do so people would be hampered. The ACTING PRESIDENT pro tem- knowing that we have missed yet an- The method Republicans have de- pore. The majority leader. other opportunity to do the right thing manded to pay for this legislation is Mr. REID. Mr. President, just a brief for the people we represent. Instead, we also badly misguided. It uses fees paid comment on Keystone. I was the first are doing some damage to important to Fannie Mae and Freddie Mac to off- elected official to write a letter oppos- goals, in order to avoid doing even set its costs. Those fees should be going ing that. I know how I feel about this. greater damage. to repair what we all, on both sides of I know how my friend, the Republican We are in this position because our the aisle, acknowledge is a massive fi- leader, feels about it. I was responsible colleagues across the aisle, and their nancial problem at those enterprises. If for putting it in this bill. That is how Republican allies in the House of Rep- we increase these fees, the money legislation works. resentatives, refuse to make even the should be used to help stabilize the I would also say we are thankful that most basic of concessions to reality. value of Americans’ homes by reform- we have worked together to make sure The truth is, more than 3 years after ing these enterprises. that 160 million people have not a tax the beginning of a recession, too many The very fact that we have had to increase but a continued tax break. I Americans are still desperately in need find ways to pay for middle-class tax am also thankful that the lifeline for of assistance. Those who are working relief is a remarkable acknowledge- unemployed people is going to continue need us to help support economic ment by Republicans, given that it has for at least 60 days. growth so their jobs are more secure been an article of faith among many of I ask the Chair to report the legisla- and their incomes can grow. Millions our Republican colleagues that tax tion. are still without work not because they cuts pay for themselves. Repeatedly, don’t want it, but because the number for decades, they have pushed for mas- f of people seeking work is vastly great- sive tax cuts for the wealthy and sold MIDDLE CLASS TAX RELIEF AND er than the number of available jobs them with the promise that they will JOB CREATION ACT OF 2011 and they need us to help support eco- pay for themselves. Now, when we face The ACTING PRESIDENT pro tem- nomic growth so they can find work to the expiration of tax relief that over- pore. Under the previous order, the support themselves and their families. whelmingly benefits middle-class fami- Senate will proceed to the consider- Yet what our colleagues have in- lies, they tell us that this tax cut must ation of H.R. 3630, which the clerk will sisted upon is to present us with two be paid for. Hopefully this inconsist- report by title. choices. The legislation before us ency will not escape the notice of the The legislative clerk read as follows: would continue middle-class tax relief, American people. the only economic boosts Republicans It didn’t have to be this way. Repub- A bill (H.R. 3630) to provide incentives for the creation of jobs, and for other purposes. have allowed us to even consider, but licans had the chance to accept a fair pay for it in a deeply misguided man- alternative one that extended the pay- AMENDMENT NO. 1465 ner because Republicans refused to roll tax cut, unemployment insurance Mr. REID. Mr. President, I have an consider more equitable ways to offset and other important tax and Medicare amendment at the desk. its costs. It would extend unemploy- provisions, and that did so in a way The ACTING PRESIDENT pro tem- ment benefits, but in a way that leaves that provides what our constituents de- pore. The clerk will report the amend- thousands of Michigan families facing mand from us: a balanced approach ment. a sudden loss of their benefits, because that asks all Americans to share in the The legislative clerk read as follows: it effectively eliminates 20 weeks of sacrifices necessary to address our The Senator from Nevada [Mr. REID], for the current 99-week maximum benefit challenges. himself and Mr. MCCONNELL, proposes an for Michigan and other States where, That approach would ask Americans amendment numbered 1465. though unemployment remains high, it making more than $1 million a year to The amendment is printed in today’s is beginning to fall. And these exten- pay slightly more in taxes. A solid ma- RECORD under ‘‘Text of Amendments.’’ sions would last for just 2 months. jority of Americans see this as common The ACTING PRESIDENT pro tem- As bad as that is, the alternative re- sense: The wealthiest among us have pore. Under the previous order, the jecting this legislation is even worse. done extraordinarily well in recent question is on agreeing to the amend- Without passage, economists tell us decades even as middle-class incomes ment, which is subject to a 60-vote that the loss of middle-class tax relief have stagnated, and asking those fortu- threshold. could put our already slow economic nate few to contribute along with mid- Mr. REID. Mr. President, I ask for recovery into even greater doubt. With- dle-class families is only fair. Yet Re- the yeas and nays. out passage, even more families, in publicans again rejected that equitable The ACTING PRESIDENT pro tem- Michigan and elsewhere, will lose the option out of hand. We will continue to pore. Is there a sufficient second? economic lifeline of unemployment press for it in the challenging year that There is a sufficient second. benefits. More than 26,000 Michigan awaits us. The clerk will call the roll. families will lose their benefits under Over the last few months, Repub- The assistant legislative clerk called the inadequate provisions of this bill, licans have been willing to risk the full the roll. but that number would grow to more faith and credit of the United States, Mr. KYL. The following Senator is than 100,000 by Spring without passage the continued functioning of the gov- necessarily absent: the Senator from of this legislation. Michigan residents ernment, tax relief for middle-income Kentucky (Mr. PAUL). would lose eligibility for 73 weeks of Americans, adequate funding for our The ACTING PRESIDENT pro tem- emergency unemployment compensa- military, health care for our seniors, pore. Are there any other Senators in tion if we do not act today, instead of and an economic lifeline for the unem- the Chamber desiring to vote? the 20 weeks we would lose if we pass ployed, all in an effort to protect the The result was announced—yeas 89, this bill. interests of the wealthiest, most fortu- nays 10, as follows: Mr. President, my State would suffer nate Americans. None of these threats [Rollcall Vote No. 232 Leg.] in other ways if this bill does not pass. would loom so large if Republicans YEAS—89 It extends the so-called doc fix that is would simply acknowledge what rough- Akaka Boozman Coats important to health care providers in ly two-thirds of our constituents now Alexander Boxer Coburn Michigan and elsewhere. And this bill acknowledge: that the solutions to our Ayotte Brown (MA) Cochran continues an adjustment to the Medi- fiscal problems must include a bal- Barrasso Brown (OH) Collins Baucus Burr Conrad care Program that provides crucial aid anced approach that asks the wealthi- Begich Cantwell Coons to nearly half of all Michigan hos- est Americans to sacrifice along with Bennet Cardin Cornyn pitals. This so-called section 508 fix is working families. Today, they have Bingaman Carper Crapo Blumenthal Casey Durbin technical and complicated, but extend- demonstrated that they have not yet Blunt Chambliss Enzi ing it is vitally important to Michigan received that message, and they have

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8749

Feinstein Landrieu Risch Sec. 310. Extension of the qualifying individual (2) TECHNICAL AMENDMENTS.—The amend- Franken Lautenberg Roberts (QI) program. ments made by subsection (c) shall take effect as Gillibrand Lee Rockefeller Sec. 311. Extension of Transitional Medical As- if included in the enactment of section 601 of the Graham Levin Rubio sistance (TMA). Tax Relief, Unemployment Insurance Reauthor- Grassley Lieberman Schumer Hagan Lugar Sec. 312. Extension of the temporary assistance ization, and Job Creation Act of 2010. Shaheen for needy families program. Harkin McCain Snowe TITLE II—TEMPORARY EXTENSION OF UN- Hatch McCaskill Stabenow TITLE IV—MORTGAGE FEES AND EMPLOYMENT COMPENSATION PROVI- Heller McConnell Tester PREMIUMS Hoeven Menendez SIONS Thune Hutchison Merkley Sec. 401. Guarantee Fees. SEC. 201. TEMPORARY EXTENSION OF UNEMPLOY- Toomey Inhofe Mikulski Sec. 402. FHA guarantee fees. MENT COMPENSATION PROVISIONS. Inouye Murkowski Udall (CO) TITLE V—OTHER PROVISIONS (a) IN GENERAL.—(1) Section 4007 of the Sup- Isakson Murray Udall (NM) Johanns Nelson (NE) Vitter Subtitle A—Keystone XL Pipeline plemental Appropriations Act, 2008 (Public Law Johnson (SD) Nelson (FL) Warner Sec. 501. Permit for Keystone XL pipeline. 110–252; 26 U.S.C. 3304 note) is amended— Kerry Portman Webb Subtitle B—Budgetary Provisions (A) by striking ‘‘January 3, 2012’’ each place Klobuchar Pryor Whitehouse it appears and inserting ‘‘March 6, 2012’’; Sec. 511. Senate point of order against an emer- Kohl Reed Wicker (B) in the heading for subsection (b)(2), by Kyl Reid Wyden gency designation. striking ‘‘JANUARY 3, 2012’’ and inserting ‘‘MARCH Sec. 512. PAYGO scorecard estimates. NAYS—10 6, 2012’’; and TITLE I—TEMPORARY PAYROLL TAX (C) in subsection (b)(3), by striking ‘‘June 9, Corker Leahy Sessions RELIEF DeMint Manchin Shelby 2012’’ and inserting ‘‘August 15, 2012’’. Johnson (WI) Moran SEC. 101. EXTENSION OF PAYROLL TAX HOLIDAY. (2) Section 2005 of the Assistance for Unem- Kirk Sanders (a) IN GENERAL.—Subsection (c) of section 601 ployed Workers and Struggling Families Act, as of the Tax Relief, Unemployment Insurance Re- NOT VOTING—1 contained in Public Law 111–5 (26 U.S.C. 3304 authorization, and Job Creation Act of 2010 (26 note; 123 Stat. 444), is amended— Paul U.S.C. 1401 note) is amended to read as follows: (A) by striking ‘‘January 4, 2012’’ each place The ACTING PRESIDENT pro tem- ‘‘(c) PAYROLL TAX HOLIDAY PERIOD.—The it appears and inserting ‘‘March 7, 2012’’; and pore. On this vote, the yeas are 89, the term ‘payroll tax holiday period’ means— (B) in subsection (c), by striking ‘‘June 11, nays are 10. Under the previous order ‘‘(1) in the case of the tax described in sub- 2012’’ and inserting ‘‘August 15, 2012’’. section (a)(1), calendar years 2011 and 2012, and (3) Section 5 of the Unemployment Compensa- requiring 60 votes for the adoption of ‘‘(2) in the case of the taxes described in sub- tion Extension Act of 2008 (Public Law 110–449; the amendment, the amendment is section (a)(2), the period beginning January 1, 26 U.S.C. 3304 note) is amended by striking agreed to. 2011, and ending February 29, 2012.’’. ‘‘June 10, 2012’’ and inserting ‘‘August 15, The amendment was ordered to be (b) SPECIAL RULES FOR 2012.—Section 601 of 2012’’. engrossed and the bill to be read a such Act (26 U.S.C. 1401 note) is amended by (4) Section 203 of the Federal-State Extended third time. adding at the end the following new subsection: ‘‘(f) SPECIAL RULES FOR 2012.— Unemployment Compensation Act of 1970 (26 The bill was read the third time. U.S.C. 3304 note) is amended— The ACTING PRESIDING pro tem- ‘‘(1) LIMITATION ON WAGES AND SELF-EMPLOY- MENT INCOME.—In the case of— (A) in subsection (d), in the second sentence pore. Under the previous order, H.R. ‘‘(A) any taxable year beginning in 2012, sub- of the flush matter following paragraph (2), by 3630, as amended, is passed, as follows: section (a)(1) shall only apply with respect to so striking ‘‘December 31, 2011’’ and inserting H.R. 3630 much of the taxpayer’s self-employment income ‘‘February 29, 2012’’; and Resolved, That the bill from the House of (as defined in section 1402(b) of the Internal (B) in subsection (f)(2), by striking ‘‘December Representatives (H.R. 3630) entitled ‘‘An Act Revenue Code of 1986) as does not exceed the ex- 31, 2011’’ and inserting ‘‘February 29, 2012’’. to provide incentives for the creation of jobs, cess (if any) of— (b) FUNDING.—Section 4004(e)(1) of the Sup- and for other purposes.’’, do pass with the ‘‘(i) $18,350, over plemental Appropriations Act, 2008 (Public Law following amendments: ‘‘(ii) the amount of wages and compensation 110–252; 26 U.S.C. 3304 note) is amended— Strike all after the enacting clause and in- taken into account under subparagraph (B), (1) in subparagraph (F), by striking ‘‘and’’ at sert the following: and the end; and ‘‘(B) any remuneration received during the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (2) by inserting after subparagraph (G) the portion of the payroll tax holiday period occur- (a) SHORT TITLE.—This Act may be cited as following: ring during 2012, subsection (a)(2) shall only the ‘‘Temporary Payroll Tax Cut Continuation ‘‘(H) the amendments made by section apply to so much of the sum of the taxpayer’s Act of 2011’’. 201(a)(1) of the Temporary Payroll Tax Cut wages (as defined in section 3121(a) of such (b) TABLE OF CONTENTS.—The table of con- Continuation Act of 2011; and’’. Code) and compensation (as defined section tents of this Act is as follows: (c) EFFECTIVE DATE.—The amendments made 3231(e) of such Code) as does not exceed $18,350. Sec. 1. Short title; table of contents. by this section shall take effect as if included in ‘‘(2) COORDINATION WITH DEDUCTION FOR EM- the enactment of the Tax Relief, Unemployment TITLE I—TEMPORARY PAYROLL TAX PLOYMENT TAXES.—In the case of a taxable year Insurance Reauthorization, and Job Creation RELIEF beginning in 2012, subparagraph (A) of sub- Act of 2010 (Public Law 111–312). Sec. 101. Extension of payroll tax holiday. section (b)(2) shall be applied as if it read as fol- SEC. 202. EXTENDED UNEMPLOYMENT BENEFITS TITLE II—TEMPORARY EXTENSION OF UN- lows: ‘‘ ‘(A) the sum of— UNDER THE RAILROAD UNEMPLOY- EMPLOYMENT COMPENSATION PROVI- MENT INSURANCE ACT. SIONS ‘‘ ‘(i) 59.6 percent of the portion of such taxes attributable to the tax imposed by section (a) EXTENSION.—Section 2(c)(2)(D)(iii) of the Sec. 201. Temporary extension of unemployment 1401(a) of such Code (determined after the appli- Railroad Unemployment Insurance Act, as compensation provisions. cation of this section) on so much of self-em- added by section 2006 of the American Recovery Sec. 202. Extended unemployment benefits ployment income (as defined in section 1402(b) and Reinvestment Act of 2009 (Public Law 111– under the Railroad Unemploy- of such Code) as does not exceed the amount of 5) and as amended by section 9 of the Worker, ment Insurance Act. self-employment income described in paragraph Homeownership, and Business Assistance Act of TITLE III—TEMPORARY EXTENSION OF (1)(A), plus 2009 (Public Law 111–92) and section 505 of the HEALTH PROVISIONS ‘‘ ‘(ii) one-half of the portion of such taxes at- Tax Relief, Unemployment Insurance Reauthor- Sec. 301. Medicare physician payment update. tributable to the tax imposed by section 1401(a) ization, and Job Creation Act of 2010 (Public Sec. 302. 2-month extension of MMA section 508 of such Code (determined without regard to this Law 111–312), is amended— reclassifications. section) on self-employment income (as so de- (1) by striking ‘‘June 30, 2011’’ and inserting Sec. 303. Extension of Medicare work geo- fined) in excess of such amount, plus’.’’ ‘‘August 31, 2011’’; and graphic adjustment floor. (c) TECHNICAL AMENDMENTS.—Paragraph (2) (2) by striking ‘‘December 31, 2011’’ and insert- Sec. 304. Extension of exceptions process for of section 601(b) of such Act (26 U.S.C. 1401 ing ‘‘February 29, 2012’’. Medicare therapy caps. note) is amended— (b) CLARIFICATION ON AUTHORITY TO USE Sec. 305. Extension of payment for technical (1) by inserting ‘‘of such Code’’ after ‘‘164(f)’’, FUNDS.—Funds appropriated under either the component of certain physician (2) by inserting ‘‘of such Code’’ after first or second sentence of clause (iv) of section pathology services. ‘‘1401(a)’’ in subparagraph (A), and 2(c)(2)(D) of the Railroad Unemployment Insur- Sec. 306. Extension of ambulance add-ons. (3) by inserting ‘‘of such Code’’ after ance Act shall be available to cover the cost of Sec. 307. Extension of physician fee schedule ‘‘1401(b)’’ in subparagraph (B). additional extended unemployment benefits pro- mental health add-on payment. (d) EFFECTIVE DATES.— vided under such section 2(c)(2)(D) by reason of Sec. 308. Extension of outpatient hold harmless (1) IN GENERAL.—Except as provided in para- the amendments made by subsection (a) as well provision. graph (2), the amendments made by this section as to cover the cost of such benefits provided Sec. 309. Extending minimum payment for bone shall apply to remuneration received, and tax- under such section 2(c)(2)(D), as in effect on the mass measurement. able years beginning, after December 31, 2011. day before the date of the enactment of this Act.

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00005 Fmt 0637 Sfmt 6333 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8750 CONGRESSIONAL RECORD — SENATE December 17, 2011 TITLE III—TEMPORARY EXTENSION OF Act of 2000 (as enacted into law by section (ii) in subparagraph (C), by striking ‘‘and HEALTH PROVISIONS 1(a)(6) of Public Law 106–554), as amended by 2011’’ and inserting ‘‘, 2011, and the first 2 SEC. 301. MEDICARE PHYSICIAN PAYMENT UP- section 732 of the Medicare Prescription Drug, months of 2012’’; and DATE. Improvement, and Modernization Act of 2003 (42 (2) in subsection (c)(2)(B)(iv)(IV), by striking Section 1848(d) of the Social Security Act (42 U.S.C. 1395w–4 note), section 104 of division B of ‘‘or 2011’’ and inserting ‘‘, 2011, or the first 2 U.S.C. 1395w–4(d)) is amended by adding at the the Tax Relief and Health Care Act of 2006 (42 months of 2012’’. end the following new paragraph: U.S.C. 1395w–4 note), section 104 of the Medi- SEC. 310. EXTENSION OF THE QUALIFYING INDI- ‘‘(13) UPDATE FOR FIRST TWO MONTHS OF care, Medicaid, and SCHIP Extension Act of VIDUAL (QI) PROGRAM. 2012.— 2007 (Public Law 110–173), section 136 of the (a) EXTENSION.—Section 1902(a)(10)(E)(iv) of ‘‘(A) IN GENERAL.—Subject to paragraphs Medicare Improvements for Patients and Pro- the Social Security Act (42 U.S.C. (7)(B), (8)(B), (9)(B), (10)(B), (11)(B), and viders Act of 2008 (Public Law 110–275), section 1396a(a)(10)(E)(iv)) is amended by striking ‘‘De- (12)(B), in lieu of the update to the single con- 3104 of the Patient Protection and Affordable cember 2011’’ and inserting ‘‘February 2012’’. version factor established in paragraph (1)(C) Care Act (Public Law 111–148), and section 105 (b) EXTENDING TOTAL AMOUNT AVAILABLE that would otherwise apply for the period begin- of the Medicare and Medicaid Extenders Act of FOR ALLOCATION.—Section 1933(g) of such Act ning on January 1, 2012, and ending on Feb- 2010 (Public Law 111–309), is amended by strik- (42 U.S.C. 1396u–3(g)) is amended— ruary 29, 2012, the update to the single conver- ing ‘‘and 2011’’ and inserting ‘‘2011, and the (1) in paragraph (2)— sion factor shall be zero percent. first two months of 2012’’. (A) by striking ‘‘and’’ at the end of subpara- ‘‘(B) NO EFFECT ON COMPUTATION OF CONVER- SEC. 306. EXTENSION OF AMBULANCE ADD-ONS. graph (O); SION FACTOR FOR REMAINING PORTION OF 2012 (a) GROUND AMBULANCE.—Section (B) in subparagraph (P), by striking the pe- AND SUBSEQUENT YEARS.—The conversion factor 1834(l)(13)(A) of the Social Security Act (42 riod at the end and inserting ‘‘; and’’; and under this subsection shall be computed under U.S.C. 1395m(l)(13)(A)) is amended— (C) by adding at the end the following new paragraph (1)(A) for the period beginning on (1) in the matter preceding clause (i), by strik- subparagraphs: March 1, 2012, and ending on December 31, 2012, ing ‘‘January 1, 2012’’ and inserting ‘‘March 1, ‘‘(Q) for the period that begins on January 1, and for 2013 and subsequent years as if sub- 2012’’; and 2012, and ends on February 29, 2012, the total paragraph (A) had never applied.’’. (2) in each of clauses (i) and (ii), by striking allocation amount is $150,000,000.’’. SEC. 302. 2-MONTH EXTENSION OF MMA SECTION ‘‘January 1, 2012’’ and inserting ‘‘March 1, SEC. 311. EXTENSION OF TRANSITIONAL MEDICAL 508 RECLASSIFICATIONS. 2012’’ each place it appears. ASSISTANCE (TMA). (a) IN GENERAL.—Section 106(a) of division B (b) AIR AMBULANCE.—Section 146(b)(1) of the Sections 1902(e)(1)(B) and 1925(f) of the Social of the Tax Relief and Health Care Act of 2006 Medicare Improvements for Patients and Pro- Security Act (42 U.S.C. 1396a(e)(1)(B), 1396r– (42 U.S.C. 1395 note), as amended by section 117 viders Act of 2008 (Public Law 110–275), as 6(f)) are each amended by striking ‘‘December of the Medicare, Medicaid, and SCHIP Exten- amended by sections 3105(b) and 10311(b) of 31, 2011’’ and inserting ‘‘February 29, 2012’’. sion Act of 2007 (Public Law 110–173), section Public Law 111–148 and section 106(b) of the SEC. 312. EXTENSION OF THE TEMPORARY AS- 124 of the Medicare Improvements for Patients Medicare and Medicaid Extenders Act of 2010 SISTANCE FOR NEEDY FAMILIES and Providers Act of 2008 (Public Law 110–275), (Public Law 111–309), is amended by striking PROGRAM. sections 3137(a) and 10317 of the Patient Protec- ‘‘December 31, 2011’’ and inserting ‘‘February Activities authorized by part A of title IV and tion and Affordable Care Act (Public Law 111– 29, 2012’’. section 1108(b) of the Social Security Act (other 148), and section 102(a) of the Medicare and (c) SUPER RURAL AMBULANCE.—Section than under subsections (a)(3) and (b) of section Medicaid Extenders Act of 2010 (Public Law 1834(l)(12)(A) of the Social Security Act (42 403 of such Act) shall continue through Feb- 111–309), is amended by striking ‘‘September 30, U.S.C. 1395m(l)(12)(A)) is amended by striking ruary 29, 2012, in the manner authorized for fis- 2011’’ and inserting ‘‘November 30, 2011’’. ‘‘January 1, 2012’’ and inserting ‘‘March 1, cal year 2011, and out of any money in the (b) SPECIAL RULE FOR OCTOBER AND NOVEM- 2012’’. Treasury of the United States not otherwise ap- BER 2011.— SEC. 307. EXTENSION OF PHYSICIAN FEE SCHED- propriated, there are hereby appropriated such (1) IN GENERAL.—Subject to paragraph (2), for ULE MENTAL HEALTH ADD-ON PAY- sums as may be necessary for such purpose. purposes of implementation of the amendment MENT. Grants and payments may be made pursuant to made by subsection (a), including for purposes Section 138(a)(1) of the Medicare Improve- this authority through the applicable portion of of the implementation of paragraph (2) of sec- ments for Patients and Providers Act of 2008 the second quarter of fiscal year 2012 at the pro tion 117(a) of the Medicare, Medicaid, and (Public Law 110–275), as amended by section rata portion of the level provided for such ac- SCHIP Extension Act of 2007 (Public Law 110– 3107 of the Patient Protection and Affordable tivities through the second quarter of fiscal year 173), for the period beginning on October 1, 2011, Care Act (Public Law 111–148) and section 107 of 2011. and ending on November 30, 2011, the Secretary the Medicare and Medicaid Extenders Act of 2010 (Public Law 111–309), is amended by strik- TITLE IV—MORTGAGE FEES AND of Health and Human Services shall use the hos- PREMIUMS pital wage index that was promulgated by the ing ‘‘December 31, 2011’’ and inserting ‘‘Feb- Secretary of Health and Human Services in the ruary 29, 2012’’. SEC. 401. GUARANTEE FEES. Federal Register on August 18, 2011 (76 Fed. SEC. 308. EXTENSION OF OUTPATIENT HOLD Subpart A of part 2 of subtitle A of title XIII Reg. 51476), and any subsequent corrections. HARMLESS PROVISION. of the Housing and Community Development (2) EXCEPTION.—In determining the wage Section 1833(t)(7)(D)(i) of the Social Security Act of 1992 is amended by adding after section index applicable to hospitals that qualify for Act (42 U.S.C. 1395l(t)(7)(D)(i)), as amended by 1326 (12 U.S.C. 4546) the following new section: wage index reclassification, the Secretary shall, section 3121(a) of the Patient Protection and Af- ‘‘SEC. 1327. ENTERPRISE GUARANTEE FEES. for the period beginning on October 1, 2011, and fordable Care Act (Public Law 111–148) and sec- ‘‘(a) DEFINITIONS.—For purposes of this sec- ending on November 30, 2011, include the aver- tion 108 of the Medicare and Medicaid Extend- tion, the following definitions shall apply: age hourly wage data of hospitals whose reclas- ers Act of 2010 (Public Law 111–309), is amend- ‘‘(1) GUARANTEE FEE.—The term ‘guarantee sification was extended pursuant to the amend- ed— fee’— ment made by subsection (a) only if including (1) in subclause (II)— ‘‘(A) means a fee described in subsection (b); such data results in a higher applicable reclassi- (A) in the first sentence, by striking ‘‘January and fied wage index. Any revision to hospital wage 1, 2012’’ and inserting ‘‘March 1, 2012’’; and ‘‘(B) includes— (B) in the second sentence, by striking ‘‘or indexes made as a result of this paragraph shall ‘‘(i) the guaranty fee charged by the Federal 2011’’ and inserting ‘‘2011, or the first two not be effected in a budget neutral manner. National Mortgage Association with respect to months of 2012’’; and (c) TIMEFRAME FOR PAYMENTS.—The Sec- mortgage-backed securities; and (2) in subclause (III)— ‘‘(ii) the management and guarantee fee retary shall make payments required under sub- (A) in the first sentence, by striking ‘‘2009, charged by the Federal Home Loan Mortgage sections (a) and (b) by not later than December and’’ and all that follows through ‘‘for which’’ Corporation with respect to participation certifi- 31, 2012. and inserting ‘‘2009, and before March 1, 2012, cates. SEC. 303. EXTENSION OF MEDICARE WORK GEO- for which’’; and GRAPHIC ADJUSTMENT FLOOR. (B) in the second sentence, by striking ‘‘2010, ‘‘(2) AVERAGE FEES.—The term ‘average fees’ Section 1848(e)(1)(E) of the Social Security Act and’’ and all that follows through ‘‘the pre- means the average contractual fee rate of single- (42 U.S.C. 1395w–4(e)(1)(E)) is amended by strik- ceding’’ and inserting ‘‘2010, and before March family guaranty arrangements by an enterprise ing ‘‘before January 1, 2012’’ and inserting ‘‘be- 1, 2012, the preceding’’. entered into during 2011, plus the recognition of any up-front cash payments over an estimated fore March 1, 2012’’. SEC. 309. EXTENDING MINIMUM PAYMENT FOR SEC. 304. EXTENSION OF EXCEPTIONS PROCESS BONE MASS MEASUREMENT. average life, expressed in terms of basis points. FOR MEDICARE THERAPY CAPS. Section 1848 of the Social Security Act (42 Such definition shall be interpreted in a manner Section 1833(g)(5) of the Social Security Act U.S.C. 1395w–4) is amended— consistent with the annual report on guarantee (42 U.S.C. 1395l(g)(5)) is amended by striking (1) in subsection (b)— fees by the Federal Housing Finance Agency. ‘‘December 31, 2011’’ and inserting ‘‘February (A) in paragraph (4)(B), by striking ‘‘and ‘‘(b) INCREASE.— 29, 2012’’. 2011’’ and inserting ‘‘, 2011, and the first 2 ‘‘(1) IN GENERAL.— SEC. 305. EXTENSION OF PAYMENT FOR TECH- months of 2012’’; and ‘‘(A) PHASED INCREASE REQUIRED.—Subject to NICAL COMPONENT OF CERTAIN (B) in paragraph (6)— subsection (c), the Director shall require each PHYSICIAN PATHOLOGY SERVICES. (i) in the matter preceding subparagraph (A), enterprise to charge a guarantee fee in connec- Section 542(c) of the Medicare, Medicaid, and by striking ‘‘and 2011’’ and inserting ‘‘, 2011, tion with any guarantee of the timely payment SCHIP Benefits Improvement and Protection and the first 2 months of 2012’’; and of principal and interest on securities, notes,

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00006 Fmt 0637 Sfmt 6333 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8751

and other obligations based on or backed by ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this ment, energy security, foreign policy, trade, and mortgages on residential real properties designed subsection shall be interpreted as preventing the environmental factors. principally for occupancy of from 1 to 4 families, Director from initiating and implementing an (3) EFFECT OF NO FINDING OR ACTION.—If a de- consummated after the date of enactment of this enforcement action against an enterprise, at a termination is not made under paragraph (1) section. time the Director deems necessary, under other and no action is taken by the President under ‘‘(B) AMOUNT.—The amount of the increase existing enforcement authority. subsection (a) not later than 60 days after the required under this section shall be determined ‘‘(f) EXPIRATION.—The provisions of this sec- date of enactment of this Act, the permit for the by the Director to appropriately reflect the risk tion shall expire on October 1, 2021.’’. Keystone XL pipeline described in subsection (a) of loss, as well the cost of capital allocated to SEC. 402. FHA GUARANTEE FEES. that meets the requirements of subsections (c) similar assets held by other fully private regu- (a) AMENDMENT.—Section 203(c)(2) of the Na- and (d) shall be in effect by operation of law. lated financial institutions, but such amount tional Housing Act (12 U.S.C. 1709(c)(2)) is (c) REQUIREMENTS.—The permit granted shall be not less than an average increase of 10 amended by adding at the end the following: under subsection (a) shall require the following: basis points for each origination year or book ‘‘(C)(i) In addition to the premiums under (1) The permittee shall comply with all appli- year above the average fees imposed in 2011 for subparagraphs (A) and (B), the Secretary shall cable Federal and State laws (including regula- such guarantees. The Director shall prohibit an establish and collect annual premium payments tions) and all applicable industrial codes re- enterprise from offsetting the cost of the fee to for any mortgage for which the Secretary col- garding the construction, connection, operation, mortgage originators, borrowers, and investors lects an annual premium payment under sub- and maintenance of the United States facilities. by decreasing other charges, fees, or premiums, paragraph (B), in an amount described in (2) The permittee shall obtain all requisite per- or in any other manner. clause (ii). mits from Canadian authorities and relevant ‘‘(2) AUTHORITY TO LIMIT OFFER OF GUAR- ‘‘(ii)(I) Subject to subclause (II), with respect Federal, State, and local governmental agencies. (3) The permittee shall take all appropriate ANTEE.—The Director shall prohibit an enter- to a mortgage, the amount described in this prise from consummating any offer for a guar- clause is 10 basis points of the remaining in- measures to prevent or mitigate any adverse en- antee to a lender for mortgage-backed securities, sured principal balance (excluding the portion vironmental impact or disruption of historic if— of the remaining balance attributable to the pre- properties in connection with the construction, ‘‘(A) the guarantee is inconsistent with the re- mium collected under subparagraph (A) and operation, and maintenance of the United quirements of this section; or without taking into account delinquent pay- States facilities. (4) For the purpose of the permit issued under ‘‘(B) the risk of loss is allowed to increase, ments or prepayments). subsection (a) (regardless of any modifications through lowering of the underwriting standards ‘‘(II) During the 2-year period beginning on under subsection (d))— or other means, for the primary purpose of meet- the date of enactment of this subparagraph, the (A) the final environmental impact statement ing the requirements of this section. Secretary shall increase the number of basis issued by the Secretary of State on August 26, ‘‘(3) DEPOSIT IN TREASURY.—Amounts received points of the annual premium payment collected 2011, satisfies all requirements of the National from fee increases imposed under this section under this subparagraph incrementally, as de- Environmental Policy Act of 1969 (42 U.S.C. 4321 shall be deposited directly into the United States termined appropriate by the Secretary, until the et seq.) and section 106 of the National Historic Treasury, and shall be available only to the ex- number of basis points of the annual premium tent provided in subsequent appropriations Acts. Preservation Act (16 U.S.C. 470f); payment collected under this subparagraph is (B) any modification required by the Sec- The fees charged pursuant to this section shall equal to the number described in subclause retary of State to the Plan described in para- not be considered a reimbursement to the Fed- (I).’’. graph (5)(A) shall not require supplementation eral Government for the costs or subsidy pro- (b) PROSPECTIVE REPEAL.—Section 203(c)(2) of of the final environmental impact statement de- vided to an enterprise. the National Housing Act (12 U.S.C. 1709(c)(2)) scribed in that paragraph; and ‘‘(c) PHASE-IN.— is amended by striking subparagraph (C), as (C) no further Federal environmental review ‘‘(1) IN GENERAL.—The Director may provide added by subsection (a), effective on October 1, shall be required. for compliance with subsection (b) by allowing 2021. (5) The construction, operation, and mainte- each enterprise to increase the guarantee fee (c) REPORT REQUIRED.—Not later than 30 nance of the facilities shall be in all material re- charged by the enterprise gradually over the 2- days before the date on which the Secretary of spects similar to that described in the applica- year period beginning on the date of enactment Housing and Urban Development makes a deter- tion described in subsection (a) and in accord- of this section, in a manner sufficient to comply mination under subsection (b)(2), the Secretary ance with— with this section. In determining a schedule for shall submit to the Committee on Banking, (A) the construction, mitigation, and reclama- such increases, the Director shall— Housing, and Urban Affairs of the Senate and tion measures agreed to by the permittee in the ‘‘(A) provide for uniform pricing among lend- the Committee on Financial Services of the Construction Mitigation and Reclamation Plan ers; House of Representatives a report that— found in appendix B of the final environmental ‘‘(B) provide for adjustments in pricing based (1) explains the basis for the determination; impact statement issued by the Secretary of on risk levels; and and State on August 26, 2011, subject to the modi- ‘‘(C) take into consideration conditions in fi- (2) identifies the date on which the Secretary fication described in subsection (d); nancial markets. plans to make the determination. (B) the special conditions agreed to between ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this TITLE V—OTHER PROVISIONS the permittee and the Administrator of the Pipe- subsection shall be interpreted to undermine the Subtitle A—Keystone XL Pipeline line Hazardous Materials Safety Administration minimum increase required by subsection (b). of the Department of Transportation found in SEC. 501. PERMIT FOR KEYSTONE XL PIPELINE. ‘‘(d) INFORMATION COLLECTION AND ANNUAL appendix U of the final environmental impact (a) IN GENERAL.—Except as provided in sub- ANALYSIS.—The Director shall require each en- statement described in subparagraph (A); section (b), not later than 60 days after the date terprise to provide to the Director, as part of its (C) if the modified route submitted by the Gov- of enactment of this Act, the President, acting annual report submitted to Congress— ernor of Nebraska under subsection (d)(3)(B) through the Secretary of State, shall grant a ‘‘(1) a description of— crosses the Sand Hills region, the measures permit under Executive Order 13337 (3 U.S.C. 301 ‘‘(A) changes made to up-front fees and an- agreed to by the permittee for the Sand Hills re- note; relating to issuance of permits with respect nual fees as part of the guarantee fees nego- gion found in appendix H of the final environ- to certain energy-related facilities and land tiated with lenders; mental impact statement described in subpara- transportation crossings on the international ‘‘(B) changes to the riskiness of the new bor- graph (A); and rowers compared to previous origination years boundaries of the United States) for the Key- (D) the stipulations identified in appendix S or book years; and stone XL pipeline project application filed on of the final environmental impact statement de- ‘‘(C) any adjustments required to improve for September 19, 2008 (including amendments). scribed in subparagraph (A). future origination years or book years, in order (b) EXCEPTION.— (6) Other requirements that are standard in- to be in complete compliance with subsection (1) IN GENERAL.—The President shall not be dustry practice or commonly included in Federal (b); and required to grant the permit under subsection permits that are similar to a permit issued under ‘‘(2) an assessment of how the changes in the (a) if the President determines that the Key- subsection (a). guarantee fees described in paragraph (1) met stone XL pipeline would not serve the national (d) MODIFICATION.—The permit issued under the requirements of subsection (b). interest. subsection (a) shall require— ‘‘(e) ENFORCEMENT.— (2) REPORT.—If the President determines that (1) the reconsideration of routing of the Key- ‘‘(1) REQUIRED ADJUSTMENTS.—Based on the the Keystone XL pipeline is not in the national stone XL pipeline within the State of Nebraska; information from subsection (d) and any other interest under paragraph (1), the President (2) a review period during which routing with- information the Director deems necessary, the shall, not later than 15 days after the date of in the State of Nebraska may be reconsidered Director shall require an enterprise to make ad- the determination, submit to the Committee on and the route of the Keystone XL pipeline justments in its guarantee fee in order to be in Foreign Relations of the Senate, the Committee through the State altered with any accom- compliance with subsection (b). on Foreign Affairs of the House of Representa- panying modification to the Plan described in ‘‘(2) NONCOMPLIANCE PENALTY.—An enterprise tives, the majority leader of the Senate, the mi- subsection (c)(5)(A); and that has been found to be out of compliance nority leader of the Senate, the Speaker of the (3) the President— with subsection (b) for any 2 consecutive years House of Representatives, and the minority (A) to coordinate review with the State of Ne- shall be precluded from providing any guar- leader of the House of Representatives a report braska and provide any necessary data and rea- antee for a period, determined by rule of the Di- that provides a justification for determination, sonable technical assistance material to the re- rector, but in no case less than 1 year. including consideration of economic, employ- view process required under this subsection; and

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00007 Fmt 0637 Sfmt 6333 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8752 CONGRESSIONAL RECORD — SENATE December 17, 2011 (B) to approve the route within the State of pursuant to section 4(d) of the Statutory Pay- and jobless benefits—and then cut Nebraska that has been submitted to the Sec- As-You-Go Act of 2010. those jobless benefits as we go along. retary of State by the Governor of Nebraska. Amend the title so as to read: ‘‘An Act A In addition to cutting jobless benefits (e) EFFECT OF NO APPROVAL.—If the Presi- bill to extend the payroll tax holiday, unem- that help a broad swath of Americans, dent does not approve the route within the State ployment compensation, Medicare physician of Nebraska submitted by the Governor of Ne- payment, provide for the consideration of Republicans refuse to ask the wealthi- braska under subsection (d)(3)(B) not later than the Keystone XL pipeline, and for other pur- est Americans to contribute to offset- 10 days after the date of submission, the route poses’’. ting these policies. The payroll tax and submitted by the Governor of Nebraska under The ACTING PRESIDENT pro tem- jobless benefits could have been paid subsection (d)(3)(B) shall be considered ap- pore. The majority leader. for by asking the wealthiest one-tenth proved, pursuant to the terms of the permit de- of 1 percent to share in the sacrifice scribed in subsection (a) that meets the require- AMENDMENT NO. 1466 ments of subsection (c) and this subsection, by Mr. REID. Mr. President, I have an that middle-class America has made, operation of law. amendment to the title that is at the but Republicans have voted time and (f) PRIVATE PROPERTY SAVINGS CLAUSE.— desk, and I ask unanimous consent again in favor of millionaire and bil- Nothing in this section alters the Federal, State, that it be agreed to. lionaires and against tax cuts for the or local processes or conditions in effect on the The ACTING PRESIDENT pro tem- middle class. date of enactment of this Act that are necessary I will continue to fight for maintain- to secure access from private property owners to pore. Without objection, it is so or- dered. ing jobless benefits and extending the construct the Keystone XL pipeline. payroll tax cut through 2012. I will con- Subtitle B—Budgetary Provisions The amendment (No. 1466) was agreed to, as follows: tinue to oppose efforts that would cut SEC. 511. SENATE POINT OF ORDER AGAINST AN benefits and that would pay for con- EMERGENCY DESIGNATION. To amend the title so as to read: Section 314 of the Congressional Budget Act of A bill to extend the payroll tax holiday, tinuing benefits by hurting the middle 1974 is amended by— unemployment compensation, Medicare phy- class. (1) redesignating subsection (e) as subsection sician payment, provide for the consider- As today’s bill shows, though, my Re- (f); and ation of the Keystone XL pipleline, and for publican colleagues are not interested (2) inserting after subsection (d) the following: other purposes. in helping middle-class Americans and ‘‘(e) SENATE POINT OF ORDER AGAINST AN Mr. REED. Mr. President, today I EMERGENCY DESIGNATION.— instead insist on tacking on controver- ‘‘(1) IN GENERAL.—When the Senate is consid- voted to prevent a tax increase on the sial environmental riders and including ering a bill, resolution, amendment, motion, middle class and to continue jobless offsets that hit the middle class. amendment between the Houses, or conference benefits for millions of Americans and Indeed, this bill includes a provision report, if a point of order is made by a Senator thousands of Rhode Islanders. Unfortu- that would require the President to against an emergency designation in that meas- nately, despite my and many of my col- make a decision on the Keystone XL ure, that provision making such a designation leagues’ best efforts, this bill is deeply Pipeline within 60 days. This time- shall be stricken from the measure and may not be offered as an amendment from the floor. flawed. It doesn’t provide needed cer- frame would dramatically shorten the ‘‘(2) SUPERMAJORITY WAIVER AND APPEALS.— tainty to Americans or to our economy important environmental review of the ‘‘(A) WAIVER.—Paragraph (1) may be waived because it does not provide a year-long project, which includes assessing its or suspended in the Senate only by an affirma- extension of the payroll tax cut and potential impacts on critical water re- tive vote of three-fifths of the Members, duly jobless benefits, nor does it include sources in the Ogallala aquifer, as well chosen and sworn. needed reforms, like work sharing, as increased carbon pollution. ‘‘(B) APPEALS.—Appeals in the Senate from the decisions of the Chair relating to any provi- which will help prevent layoffs in our I have been working to support and sion of this subsection shall be limited to 1 hour, still fragile economy. By insisting that urge serious steps to reduce our de- to be equally divided between, and controlled jobless benefits be paid for, we are un- pendence on oil, such as increasing the by, the appellant and the manager of the bill or dermining the countercyclical nature fuel efficiency of our vehicles and de- joint resolution, as the case may be. An affirma- of the program and blunting its pur- veloping advanced biofuels. Even if Ca- tive vote of three-fifths of the Members of the pose to stabilize our economy. But nadian oil displaces the importation of Senate, duly chosen and sworn, shall be re- worst of all, it fails to address a provi- oil from other countries, the price of quired to sustain an appeal of the ruling of the Chair on a point of order raised under this sub- sion of the unemployment insurance oil is determined by the global market, section. law that is absolutely necessary given and the best way to decrease our expo- ‘‘(3) DEFINITION OF AN EMERGENCY DESIGNA- our current employment crisis. sure to the rising price of oil is to de- TION.—For purposes of paragraph (1), a provi- As a result, this bill effectively cuts crease our demand. sion shall be considered an emergency designa- 20 weeks of unemployment benefits. In addition, since America has re- tion if it designates any item pursuant to section This means Rhode Islanders who have cently become a net exporter of petro- 251(b)(2)(A)(i) of the Balanced Budget and exhausted their normal UI benefits and leum products, I am concerned that the Emergency Deficit Control Act of 1985. ‘‘(4) FORM OF THE POINT OF ORDER.—A point extended—EUC08—benefits in February proposed pipeline would merely allow of order under paragraph (1) may be raised by will not be eligible to receive the same big oil companies to import the oil a Senator as provided in section 313(e) of the help that was given to an unemployed from Canada, transport it by a pipe- Congressional Budget Act of 1974. person in the same situation back in line—and with it, the risks of leaking ‘‘(5) CONFERENCE REPORTS.—When the Senate the middle of 2011. into a critical aquifer—down to Texas is considering a conference report on, or an There is no reason to cut back on refineries, where it would be refined amendment between the Houses in relation to, a bill, upon a point of order being made by any jobless benefits now. Over 13 million into petroleum products that, in part, Senator pursuant to this section, and such point Americans are out of work, and our Na- would be exported to foreign markets. of order being sustained, such material con- tion is still grappling with the worst It is for those reasons that I have op- tained in such conference report shall be deemed case of chronic long-term unemploy- posed the proposed Keystone XL Pipe- stricken, and the Senate shall proceed to con- ment since the Great Depression. Un- line and urge the President to reject it. sider the question of whether the Senate shall employment benefits are a lifeline to As I have stated previously, I would recede from its amendment and concur with a millions of families and are our most have preferred to pay for this legisla- further amendment, or concur in the House tion by asking the wealthiest one- amendment with a further amendment, as the effective tool in battling economic de- case may be, which further amendment shall cline. Without these benefits unem- tenth of 1 percent of Americans to consist of only that portion of the conference re- ployed Americans who are looking for share in the sacrifices that all other port or House amendment, as the case may be, a job wouldn’t be able to pay for abso- Americans have made in working to not so stricken. Any such motion in the Senate lute necessities—their rent, mortgage, right our economic ship. However, in shall be debatable. In any case in which such groceries, or for transportation as they the search for pay-fors, the House of point of order is sustained against a conference hit the streets looking for work. Representatives added language that report (or Senate amendment derived from such This reduction in coverage that my would increase the guarantee-fees—g- conference report by operation of this sub- section), no further amendment shall be in Republican colleagues have insisted fees—the government-sponsored enter- order.’’. upon is deeply damaging to American prises charge over the next 10 years, di- SEC. 512. PAYGO SCORECARD ESTIMATES. households and the broad economy. We verting funds away from shoring up the The budgetary effects of this Act shall not be should not be engaged in these short- GSEs to fund a benefit that is unre- entered on either PAYGO scorecard maintained term extensions of the payroll tax cut lated to our housing markets. If there

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8753 is any capacity to increase the g-fees, products, and from homeland security As the chairman of the full com- those resources should be directed to to the Securities and Exchange Com- mittee, I am proud of the work done on our housing markets, which still re- mission. these nine bills by the Appropriations main too fragile. With the exception of the Depart- Committee, its members, and its staff, I find it incredibly ironic that my Re- ment of Defense, all these agencies each of whom have worked diligently publican colleagues, many of whom say have been running on a continuing res- late into the night for many months to they believe the mortgage olution for well over a year. Mr. Presi- arrive to this point. All of the sub- securitization market should be com- dent, this must stop because it is no committee chairmen and ranking pletely privatized, have suggested an way to run a government, particularly members should be recognized for their offset that uses a 10-year revenue one that must learn to do more with leadership and achievement in com- stream from the enterprises’ business less. How can an agency be more effi- pleting these nine remaining bills. operations as a piggy bank for govern- cient when it is operating under budget I also wish to recognize the dedicated mental purposes. This seems like in- plans that were developed 2 or even 3 staff on both sides of the aisle for their consistent policy at best. years ago? months of effort and their commitment This bill is deeply flawed, but I could Last year, the Congress enacted only to completing their individual bills. not in good conscience vote against one appropriations measure—the De- Mr. President, this is a strong, bipar- providing a tax cut to the middle class fense bill. This year, we have passed a tisan bill, and I urge my colleagues on and providing desperately needed relief minibus containing three bills, and we both sides of the aisle to vote yes and to nearly 10,000 Rhode Islanders who are now considering the final package send it to the President for his signa- would have lost jobless benefits incorporating the nine remaining bills. ture. through the month of January. While it is true we again fall short of I yield the floor. I will not stop fighting for the middle regular order, it is also true, if the Sen- The ACTING PRESIDENT pro tem- class, to continue jobless benefits and ate passes this measure and the Presi- pore. Who yields time? working to improve our economy and dent signs it into law, we will have suc- Mr. COCHRAN addressed the Chair. create jobs. I will work tirelessly to ceeded in enacting each of our bills The ACTING PRESIDENT pro tem- continue the payroll tax cut and job- prior to the end of the calendar year pore. The Senator from Mississippi. less benefits through the rest of the for the first time since 2009. Mr. COCHRAN. Mr. President, let me year and to fix this egregious reduction I would note for my colleagues that say I am pleased to join the chairman in benefits. in the Senate, the Appropriations Com- of the committee, the distinguished f mittee reported 11 bills, 9 of them with Senator from Hawaii, in urging ap- overwhelming bipartisan support, and proval of the Omnibus appropriations MILITARY CONSTRUCTION AND by that I mean 30 to 0 or 29 to 1. We bill as well as the bill to provide funds VETERANS AFFAIRS AND RE- moved four of our bills across the Sen- for disaster relief. These bills fully LATED AGENCIES APPROPRIA- ate floor with an opportunity for every comply with the requirements of the TIONS ACT, 2012—CONFERENCE Senator to provide amendments. We Budget Control Act. The process for re- REPORT accomplish all of this at a time when viewing requests for provisions in this The ACTING PRESIDENT pro tem- partisanship is high and the desire by bill were held in open public hearings. pore. Under the previous order, the some to delay even the most innocuous Senators testified before our com- Senate will proceed to consideration of of bills has made it difficult to get any mittee. Others from around the coun- the conference report to accompany measure to the President. try came to Washington to express H.R. 2055, which the clerk will report. As chairman of the Defense Sub- their views. The assistant legislative clerk read committee, I would like to take a few Together with appropriations bills as follows: minutes to discuss this portion of the that have already been enacted, the The committee of conference on the dis- bill. omnibus brings appropriations for the agreeing votes of the two Houses on the The Omnibus appropriations bill in- basic operations of our government to amendment of the Senate to the bill (H.R. cludes $633.3 billion for the Department $1.043 trillion. The disaster bill pro- 2055), making appropriations for military of Defense. This amount includes a vides an additional $8 billion for dis- construction, the Department of Veterans $20.8 billion reduction from the Presi- aster relief in response to damages in- Affairs, and related agencies for the fiscal curred from floods, tornadoes, and hur- year ending September 30, 2012, and for other dent’s request for the base defense purposes, having met, have agreed that the budget and a reduction of $2.5 billion ricanes that have plagued much of the House recede from its disagreement to the from the overseas contingency oper- country during the spring and summer amendment of the Senate and agree to the ations request. months. These funds are within the same with an amendment and the Senate Although these substantial reduc- limits established in the Budget Con- agree to the same. Signed by a majority of tions in the defense budget mean many trol Act, specifically for disaster relief. the conferees on the part of both Houses. tough decisions had to be made, I wish Total discretionary spending carried in (The conference report is printed in to assure my colleagues that all rec- all of the fiscal year 2012 appropria- the House proceedings of the RECORD of ommendations in the Defense bill were tions bills will be $31 billion below last Thursday, December 15, 2011.) made in a fully bipartisan, bicameral year’s level. The ACTING PRESIDENT pro tem- manner. I would have to say our committee pore. Under the previous order, there Most importantly, let me assure my opened its hearing rooms to those who will be 15 minutes of debate with 5 min- colleagues this agreement takes care of wanted to express views on the funding utes each for the Senator from Hawaii, our men and women in uniform and levels of all of the programs that were Mr. INOUYE; the Senator from Mis- their families, fully supports military important throughout our Federal sissippi, Mr. COCHRAN; and the Senator readiness, protects the forces, and budget process. There are some dra- from Arizona, Mr. MCCAIN. maintains our technological edge. It matic reductions in spending, such as The Senator from Hawaii. complies with the earmark morato- the Independent Payment Advisory Mr. INOUYE. Mr. President, the om- rium and contains no congressionally Board and the co-op program created in nibus bill the Senate considers this directed spending items. the health care bill. We zeroed out morning represents a victory for com- At the same time, it reins in defense funding for some of the energy credit promise, a victory for American tax- spending and takes important steps to subsidy provisions of this bill. That payers, and a victory for the appropria- improve the Department’s fiscal ac- was hard to do, but savings were need- tions process. countability. The conference agree- ed and the committee responded to The measure before us funds every- ment recommends 775 reductions to in- those needs. thing from our men and women in uni- dividual programs primarily due to The bill eliminates 22 programs in form to students who strive to improve program terminations or delays or the Labor-HHS chapter for a savings of their future through higher education, changes to policies of programs since over $1⁄4 billion. But we don’t hear from environmental protection to pro- the submission of the budget 10 months about that. People don’t brag about re- tecting our children from harmful ago. ducing funding. But this committee did

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8754 CONGRESSIONAL RECORD — SENATE December 17, 2011 that because it was responsible, in our with debate and discussion. I want to colleagues on both sides of the aisle. A judgment, to do it. tell the majority leader and the Repub- nearly identical bill passed the House I am very pleased to have had the lican leader that next year, we will of Representatives with bipartisan sup- honor of working closely with the have a plan, a group of us, to say we port this fall. chairman of the committee, one of the must do that. With the reconsideration process, finest Members of this Senate, and we We owe it to the taxpayers of Amer- EPA has taken steps to respond to urge the approval of this legislation. ica. some of the concerns raised by U.S. The ACTING PRESIDENT pro tem- I yield to the Senator from Okla- manufacturers. EPA’s re-proposed pore. The majority leader. homa. rules, however, still do not address the Mr. REID. Mr. President, before my The ACTING PRESIDENT pro tem- serious and real concerns of the mills friend from Arizona speaks, I ask unan- pore. The Senator from Oklahoma. that will be most directly affected by imous consent that the next three Mr. COBURN. I have a question for these regulations. Legislative action is votes in order be 10 minutes in dura- my colleagues. Are we proud of this still needed to ensure achievable rules, tion. process? Have we fulfilled the responsi- to allow adequate compliance time, The ACTING PRESIDENT pro tem- bility to the citizens of this country and to reduce the risk to business pore. Without objection, it is so or- with this process? Nobody can answer posed by pending litigation. dered. yes to that. And yet nothing seems to For these reasons, I was very trou- The Senator from Arizona. change. bled when the statement of the man- Mr. MCCAIN. Mr. President, I would You know, $3.5 billion worth of phony agers for Division E of the Consoli- like to yield 2 minutes of my 5 minutes earmarks totally puts an earmark ban dated Appropriations Act of 2012 in- to the Senator from Oklahoma. on its head. The idea that parochialism cluded the following: Here we are again, a bill that is 1,221 trumps our Nation’s vital interests Boiler MACT.—The conferees are encour- pages long that not one Member of this puts our responsibility and our oath on aged by the outcome of EPA’s reconsider- body has read. These 1,221 pages rep- its head. ation of the Boiler MACT rule and offer no resent $915 billion in taxpayer money. I know the hearts of everybody here. directives regarding Boiler MACT standards. Yet here we are with not one amend- They are great. The intentions are The proposed rule addresses substantive con- ment. We do, however, have 15 minutes great. With this bill, we have failed cerns by including additional flexibility with of debate in which to consider a docu- America. We failed America in the respect to compliance costs, and a biomass ment that is 1,221 pages long, rep- process, we failed America in our oath. exemption. resenting $915 billion of taxpayer This next year is going to be much Could the Senator from Alaska clar- money, which is filled with unauthor- more difficult than anybody can antici- ify that this language in no way is an ized, unrequested money. pate. At a time when we are facing our endorsement by the conferees of any Now, I haven’t had a chance, like the national survival, business as usual oc- particular rulemaking concerning the rest of my colleagues, to look at all of curs. That is a reflection of lousy lead- Boiler MACT issue? this 1,200-page bill, but we have looked ership by all of us, including me. It Ms. MURKOWSKI. As a cosponsor of at the defense section. There is $3.5 bil- means I didn’t make my case big S. 1392, the EPA Regulatory Reform lion of unrequested, unauthorized fund- enough about what the priorities Act, I know how important this issue is ing by the authorizing committee— should be in our country. to my colleagues on both sides of the projects such as this one for Guam. It is a great time for reflection. We aisle. The Senator is correct that this Here are a couple of my favorites. are going to go home. We are going to language is not intended by the con- You thought the bridge to nowhere was pass this bill that is going to be far less ferees to convey an endorsement of any bad? Well, there are 53 civilian than what this country needs in terms EPA Boiler MACT rulemaking pro- schoolbuses and 53 repair kits for $10.7 of its integrity and its actions. Hope- posal. million and $12.7 million for a cultural fully, we will think and return with a Ms. COLLINS. I thank the senior artifacts repository. That is in the renewed spirit to fix the ship of state Senator from Alaska for clarifying the name of defense. That is in the name of and do what is in the best interest of intent of this language. I remain com- defense—schoolbuses and a cultural ar- the Nation, not what is in the best in- mitted to working with my Senate col- tifact repository. terest of our parochial political ca- leagues and the EPA to help ensure Here is $100 million for the Next Gen- reers. that the Boiler MACT rules are crafted eration Bomber, which the Air Force I yield the floor. to protect public health without harm- says they do not want and they do not BOILER MACT ing the forest products industry, which need. How about this cockamamie out- Ms. COLLINS. Mr. President. I would is the lifeblood of many small, rural fit—the Combat Dragon, which will be like to thank the senior Senator from communities. Would my friend the sen- crop dusters equipped with weapons. Or Alaska and the senior Senator from ior Senator from Tennessee, who is the C–17s—$225 million additional for Tennessee for joining me to discuss an also an original co-sponsor of the Boil- C–17s that long ago the military said issue of great concern to manufactur- er MACT legislation, like to address they did not need. ers across the country, the Environ- this disappointing conference lan- There is $3.5 billion just in the DOD mental Protection Agency’s Boiler guage? provisions alone. It is outrageous. It is MACT regulations. I am pleased to Mr. ALEXANDER. This issue is of outrageous. serve with both Senators on the Inte- particular importance to me as well. I I have amendments associated with rior Appropriations Subcommittee on strongly object to the language in- this bill that will save the taxpayers which the Senator from Alaska serves cluded in the Interior Appropriations billions of dollars. But, never mind, be- as the Ranking Member. bill regarding Boiler MACT. The Boiler cause we are going to go home for It has been our shared goal to ensure MACT is an unworkable regulation Christmas. that rules crafted by the EPA with re- that will reduce pollutants like mer- Well, let me tell you, I am going gard to industrial boilers be achiev- cury, which is good policy, but forces home to a State where they do not able, affordable, and protective of pub- those reductions in a way that is not have enough in the food banks to take lic health and the environment while realistic for companies to comply. This care of the homeless this year. I am not costing thousands of jobs that we regulation could result in the loss of going home to a State where half of the can ill-afford to lose. Unfortunately, 340,000 jobs nationwide and cost Ten- homes are underwater. Yet what have EPA did not begin its rulemaking with nessee companies $530 million. My sup- we done? We have just wasted billions these goals in mind. port for the Omnibus bill does not and billions and billions of taxpayer To provide EPA with the time the change my position on this issue, and I money on projects that are unneeded, agency itself said it needed to rewrite will continue to push for the passage of unwanted, and unrequested. the rules to better serve the public in- strong bipartisan legislation that will This system is broken. This system is terest, I introduced the EPA Regu- overturn the terrible Boiler MACT reg- broken. We should have taken up these latory Relief Act earlier this year, ulation and find a better way to accom- bills one by one, with amendments, which now has the support of 41 of my plish the pollution reductions that are

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8755 needed. I thank Senator COLLINS for spending more each year to project and Members on both sides of the aisle her leadership on this issue and I also their influence around the world and to deserve credit for that. appreciate the Senator from Alaska compete in the global marketplace. Mr. President, the funding in this bill clarifying the intent of this language. Our leadership is being challenged is strongly supported by the Depart- Mr. LEAHY. Mr. chairman, as Chair- unlike at any time since the Cold War. ment of Defense. Along with the U.S. man of the Department of State and In Latin America, which is a larger military, it is the best form of insur- Foreign Operations Subcommittee, I market for U.S. exports than any other ance the American people have. want to speak briefly about the agree- region except the European Union, our Finally, I want to thank Chairman ment that I and the ranking member, share is shrinking while China’s is INOUYE and Vice Chairman COCHRAN, as Senator LINDSEY GRAHAM, have growing. It is the same story every- well as the majority and minority lead- reached with the House and that is re- where. ers for their support in completing this flected in division I of this Omnibus There is simply no substitute for U.S. omnibus bill. bill. global leadership. The world is chang- Mr. ALEXANDER. Mr. President, I want to thank Senator GRAHAM, ing profoundly, and we cannot afford to this omnibus appropriations bill funds along with House Subcommittee chair retrench or succumb to isolationism. the Federal Government through Sep- KAY GRANGER and ranking member The funding in this conference agree- tember 30, 2012, at the level of spending NITA LOWEY and their staffs, for work- ment enables us to engage with our al- agreed to this past August in the Budg- ing in such a bipartisan way to resolve lies and deter our adversaries and com- et Control Act, which reduces overall our many differences. It is a good ex- petitors. It is similar to what was re- spending by $2.1 trillion over the next ample of how a divided Congress can ported by the Appropriations Com- 10 years. deal with controversial issues and mittee on a bipartisan vote of 28 to 2. If Congress continues to follow the produce an outcome that protects a For those who are focused on reducing terms of the Budget Control Act, dis- broad range of interests. Federal spending, it cuts base spending cretionary spending—which is 39 per- The Department of State and Foreign by $6 billion below the fiscal year 2011 cent of the Federal budget—will in- Operations conference agreement is a continuing resolution. It freezes spend- crease at about the rate of inflation compromise. It is neither a Democratic ing or scales back many Department of over the next nine years. Unfortunately, mandatory entitle- nor Republican bill. It will not make State and U.S. Agency for Inter- ment spending—which is 55 percent of anyone completely happy. But while it national Development operations and the Federal budget—is out of control does not include everything that I or programs and will force reductions in Senator GRAHAM wanted, it does a good and is growing at the rate of 3 to 4 planned expenditures. times inflation over the next 9 years job of addressing the key national se- To the extent that there are funding according to the Bipartisan Policy Cen- curity needs of the country. increases in this bill, they are pri- This is a must-pass bill. The alter- ter. marily due to the transition from mili- native is another year of a continuing There are some good reasons to sup- tary to civilian operations in Iraq resolution, which would force drastic port this spending bill. which will mean billions of dollars in cuts in funding for programs about One good reason to support the bill is savings to American taxpayers, and to which Republicans and Democrats feel to support House Republicans. Now meet pledges to the international fi- strongly. that they are in the majority, they are This conference agreement does nancial institutions. changing the priorities of the spending many things. It supports the Nation’s I doubt there is a single Member of bills in important places, and that is a counterterrorism efforts in South Asia, Congress who does not care if the good start at reducing spending and the Horn of Africa, and East Asia; re- United States becomes a second-or changing the priorities of the govern- sponds to turbulent events in the Mid- third-rate power. As a Vermonter, I ment. dle East and north Africa and threats know the people of my State want the Another good reason is that the bill on the Mexican border; combats United States to live up to its ideals, is consistent with the Budget Control transnational crime, piracy of intellec- to set an example for the rest of the Act. The Omnibus brings total discre- tual property, and the denial of funda- world. We expect the United States to tionary spending to $1.043 trillion, and mental freedoms; promotes access for lead, to build alliances, to help Amer- it brings total disaster spending to U.S. companies to foreign markets; op- ican companies compete successfully, $10.4 billion. Both of those figures are erates and secures our embassies and and to protect the interests and secu- consistent with the Budget Control Act consulates that serve millions of Amer- rity of its citizens. and are a good first step toward getting icans traveling, working, and studying Yet there are unmistakable signs discretionary spending under control overseas; preserves U.S. influence in that our global influence is already over the next decade. key international organizations and al- waning. It is not preordained that the The bill also supports several impor- liances; supports economic develop- United States will remain the world’s tant national priorities: It provides an ment, governance, and the rule of law dominant power. As former Secretary additional $5.1 billion for defense and a in Africa, Latin America, and Asia; and of State Condoleezza Rice said, ‘‘If we $338 million increase for nuclear weap- responds to a massive famine in Soma- don’t lead, somebody else will.’’ ons modernization; increases border se- lia, floods in El Salvador, and other hu- We need to stop acting like these in- curity; fully funds veterans’ manitarian disasters. vestments do not matter; that the healthcare; and shows Congress can We do this and much more with a State Department is not important; lead by example by cutting our own base budget allocation that is $8.7 bil- that we do not need the United Na- budget by 5.2 percent. lion below the President’s request and tions; that what happens in Brazil, The bill denies the administration a combined base and overseas contin- Russia, the Philippines, Somalia, or carte blanche on running the govern- gency operations total that is $6.1 bil- other countries does not matter; and ment and allows Congress to set prior- lion below the President’s request. that global threats to the environment, ities as it should in our constitutional These are not Democratic or Repub- public health, and safety will somehow system. The omnibus cuts the Environ- lican issues. The funds in this con- be solved by others. mental Protection Agency’s budget by ference agreement will determine This conference agreement balances $233 million, cuts the National Labor whether the United States remains the our priorities. Again, funding for these Relations Board’s budget by $4 million, global leader it has been since the Sec- programs was requested by Repub- and supports the development of Small ond World War. licans and Democrats. Modular Reactors. Just as past generations rallied to This country is at a crossroads. We This year there have been 12 disas- meet the formidable challenges of the can retreat from the world, as some in ters that caused more than $1 billion in Great Depression, the Nazis, and the the other body seem to want while damage—the highest on record. Fami- Cold War, we will bear responsibility if China and our other competitors con- lies are struggling to recover from his- we fail to meet the challenges of today. tinue to expand their influence, or we toric tornado outbreaks, flooding, It is no wonder that other countries— can remain a leader. The conference wildfires, and other natural disasters our allies and our competitors—are agreement adopts the latter course, in virtually every part of the country.

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8756 CONGRESSIONAL RECORD — SENATE December 17, 2011 The omnibus brings total disaster the field of rare isotopes and nuclear disaster relief in response to the floods, spending for fiscal year 2012 to $10.4 bil- physics. It has the largest nuclear tornados and hurricanes that plagued lion. The Budget Control Act allows physics faculty in the Nation and a nu- much of the country during the spring Congress to spend up to an additional clear physics graduate program ranked and summer months. These funds are $11.3 billion in fiscal year 2012 for disas- No. 1 in the country. Those were some within the limits established in the ters. Although this means there is only of the reasons it was selected by the BCA specifically for disaster relief. $900 million left to address any addi- Department of Energy for design, con- Total discretionary spending carried in tional disasters in fiscal year 2012, it struction, and operation of FRIB after all of the fiscal year 2012 appropria- shows that Congress is starting to take an extensive competition over a tions bills will be $31 billion below last the issue of spending and debt seriously multiyear period. year’s level. by living within an agreed upon frame- I am encouraged that particularly in Within the omnibus there are many work for total spending. these difficult budget times the Con- adjustments in funding levels for indi- Even though the Budget Control Act gress has endorsed the importance of vidual programs. The bill increases the does not require disaster spending to be this facility. Second, I would point to base budget for the Department of De- offset—some argue that it should be— another critical component of my fense by $5 billion. It provides increases the Budget Control Act ensures dis- State’s economic future, the Great for border security, nuclear weapons aster spending is really for disasters Lakes. modernization, the National Institutes and keeps Congress from spending I am disappointed that Great Lakes of Health, and veterans medical care. more than the historical average. The Restoration Initiative funding has been The bill maintains the maximum Pell House has proposed to offset this reduced from the originally planned grant award at its current level, but spending with a 1.83 percent across-the- funding levels. I am relieved, however, pays for that with a series of needed re- board cut to all discretionary spending, that $300 million is included in the con- forms. excluding defense programs, military ference report, $50 million more than The bill reduces funding for the Na- construction projects and veterans the amount in the House bill. tional Labor Relations Board, the En- funding. The conference report includes two vironmental Protection Agency, FEMA I do not believe that an across-the- important provisions related to Asian grants, and the Election Assistance board cut is a wise way to reduce carp and other invasive species that Commission. It cuts the Independent spending. Congress should identify present significant threats to the Great Payment Advisory Board and the co-op wasteful spending, like the credit loan Lakes. The conference report includes program created in the health care bill. subsidies we eliminated in the Energy a provision I have requested author- It zeroes out funding for energy credit and Water Appropriations bill, and find izing the Army Corps of Engineers to subsidies. It eliminates 22 programs in specific ways to cut spending and make implement emergency measures to pre- the Labor-HHS chapter for a savings of government more effective. vent Asian carp and other invasive spe- a quarter of a billion dollars. Any bill of this size will include cies from entering the Great Lakes. This conference report also carries a things we don’t support. We do not do Also welcome is an increase of about $5 number of policy provisions that are enough to reduce duplicative programs, million in funding to operate electric important to members on my side of and many programs that should be dispersal barriers designed to prevent the aisle. These include limitations on eliminated are still funded. these fish from entering the Great funding for needle exchange programs But there is one provision in the Lakes, bringing funding for the bar- and certain Department of Labor regu- manager’s report that I really want to riers to $23.6 million. The conference lations. There is language to maintain take exception to. report also includes about $3 million to a balanced permitting process for graz- I strongly object to the language in- continue study of possible separation ing on Federal lands, construction of cluded in the Interior Appropriations of the Great Lakes from the Mississippi logging roads, and domestic oil and gas bill regarding Boiler MACT. The Boiler River watershed, which would signifi- production. MACT is a regulation that will reduce cantly reduce risk to the Great Lakes I sincerely wish that it were not nec- pollutants like mercury, which is a from Asian carp. I will continue to essary to act on an omnibus bill. I pre- good goal, but forces reductions in a work with colleagues to urge the Army fer that all Members have the oppor- way that is not realistic for companies Corps to accelerate this study. tunity to consider, amend, and vote on to comply. This unworkable regulation I am disappointed that projects ena- appropriations bills individually. could result in the loss of 340,000 jobs bling Great Lakes harbor dredging con- The Appropriations Committee has nationwide and cost Tennessee compa- tinue to receive reduced funding. The consistently produced bills in a timely nies $530 million. conference report acknowledges that manner for consideration in the Senate My support for the omnibus bill does funding levels are inadequate to meet and in the House, but we are some- not change my position on this issue, existing needs. I welcome the con- times unable to advance bills to the and I will continue to push for the pas- ferees’ decision to include an addi- floor due to circumstances beyond our sage of strong bipartisan legislation tional $173 million in funding for navi- control. This year, our efforts were that will overturn the terrible Boiler gation projects nationwide, and I will complicated greatly by the absence of MACT regulation and find a better way work to ensure that the Great Lakes, a budget resolution and a protracted, to accomplish the pollution reductions which face a substantial backlog of summer-long battle over the debt ceil- that are needed. dredging and other operations and ing bill. Mr. LEVIN. Mr. President, I wish to maintenance needs, receive a share of Many members on my side of the comment on two specific issues regard- this funding consistent with the high aisle have decried the fact that it has ing the conference report to H.R. 2055, level of need. been nearly 1,000 days since the Senate the omnibus spending measure before Mr. COCHRAN. Mr. President, I rise last approved a budget resolution. That us. in support of both the omnibus appro- criticism is absolutely valid. It is de- First, I am pleased that the con- priations bill and the bill to provide plorable that at a time of fiscal crisis ference report includes $22 million for funds for disaster relief. They have we have not adopted a comprehensive the Facility for Rare Isotope Beams, or been approved by the other body by budget in so long. FRIB, at Michigan State University. overwhelming, bipartisan votes. I urge What we do have, however, is a budg- While this is less than the amount in the Senate to approve these bills. et for discretionary spending that was the administration’s budget request, it They fully comply with the require- laid out in the Budget Control Act. is a clear endorsement by Congress to ments of the Budget Control Act. To- That Act included caps that lock in re- move forward with this facility. gether with appropriations bills al- cent cuts in discretionary spending and FRIB is critical to maintaining ready enacted, the omnibus brings ap- hold future discretionary growth below America’s worldwide preeminence in propriations for the basic operations of the rate of inflation. nuclear physics and a major component government to the $1.043 trillion level The Appropriations Committee did of Michigan’s economic future. MSU established in the Act. The disaster bill not write the Budget Control Act. has solid and well-known expertise in provides an additional $8 billion for Some members of our committee voted

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8757 for it, some against. But 74 members of new drinking water projects nation- tracted more than its fair share of leg- the Senate did vote for it, including a wide and more than 50,000 jobs all islative riders that were designed to majority of members on both sides of across the country when combined prohibit the EPA, and in some cases the aisle. That is more votes than I can with State matching funds. the Department of the Interior, from recall any budget resolution ever re- This is a tremendous economic boost undertaking their responsibilities to ceiving. for every State in the Nation and one protect public health and our natural So now it is time to implement the that I am pleased that we could de- resources. The bill that was considered Budget Control Act through the enact- liver. In addition to the funding, we by the House this summer was replete ment of the remaining fiscal year 2012 have ensured that Davis-Bacon wage with riders that do not belong in an ap- appropriations bills. A bipartisan, bi- protections will be permanently ap- propriations measure. This bill has cameral agreement has been reached. plied to the use of these funds. eliminated or modified these legisla- There is no money to be saved by re- No less important than the EPA are tive proposals so that agencies can con- sorting to a year-long Continuing Res- the land management agencies that ac- tinue to function effectively. olution. It would be an omnibus bill count for the majority of the Interior Finally, I wish to thank the sub- itself, and would result in overspending bill. The conference report provides $5.9 committee’s ranking member, Senator in some areas and underinvestment in billion for basic operational expenses MURKOWSKI, for all the assistance she others. for the National Park Service, the Fish provided throughout our conference ne- I am pleased to have worked with and Wildlife Service, the Forest Serv- gotiations with the House. She has pro- Chairman INOUYE, our committee ice, and the Bureau of Land Manage- vided invaluable assistance to me this members, and the conferees in the ment. That amount is virtually iden- year because of her unique insights other body to negotiate this legisla- tical to the 2011 enacted level and en- into the issues that are central to this tion. sures that each of those agencies will bill. I sincerely appreciate having had The Senate did not win every argu- be able to continue to operate and the benefit of her thoughts. I also want ment with the other body. But this maintain their facilities as the Amer- to commend and thank the staff of the conference report is a fair compromise ican people expect. Interior Subcommittee—Peter with many positive features, and it is The conference agreement includes Kiefhaber, Virginia James, Rachael consistent with the guidance in the $197.5 million for the new Bureau of Taylor, and Ryan Hunt of the majority Budget Control Act. I hope that it will Safety and Environmental Enforce- staff and Leif Fonnesbeck of the minor- be a stepping stone toward the more ment. Included in this amount is an ad- ity staff—for their work, service, and timely and measured consideration of ditional $62 million for offshore oil and sacrifice. appropriations bills in the future. gas inspections that will be available I also want to comment on a few I urge my colleagues to support the from inspection fees assessed to the in- items in the other divisions of this con- conference report and the disaster re- dustry, which is appropriate given the ference report. My colleagues who led lief bill. tremendous profits generated by the the negotiations on these parts of the Mr. REED. Mr. President, as chair- industry. bill also faced enormous challenges in man of the Interior, Environment, and The conference report also provides reaching agreement with the House, Related Agencies Subcommittee, I $322 million for the protection of land and I commend them for their efforts would like to take a few moments to and other environmentally sensitive under difficult circumstances. highlight some of the provisions of the areas through the Land and Water Con- With respect to Labor, Health and Interior division of the Consolidated servation Fund. This represents an in- Human Services, HHS, and Education, Appropriations Act for fiscal year 2012. crease of 7 percent over the current en- I am pleased that the conference report The subcommittee’s conference allo- acted level. maintains the maximum Pell grant at cation totaled $29.175 billion. Although For Native Americans, the bill pro- $5,550 and continues funding the cam- the Interior Subcommittee received a vides $6.8 billion to help improve the pus-based aid programs at last year’s fair allocation, that number neverthe- quality and accessibility of education, levels. Absent this Federal student aid, less represents a real cut of approxi- health care, and law enforcement pro- millions of Americans would not be mately 4 percent below the commensu- grams for some of this Nation’s most able to afford college. Unfortunately, rate 2011 funding level. Despite the size vulnerable populations. Included in in order to maintain the maximum of the cut, overall we were still able to that amount is $3.8 billion for Indian grant, tough sacrifices were made. The fund critically needed infrastructure health services, an increase of more conference report rolls back provisions that will provide jobs for thousands of than 5 percent over last year. These that I fought for to make the financial Americans in every State in our Na- funds will allow those in Indian Coun- aid process easier and more substantial tion. try to receive the necessary care they for families with modest incomes. Let me start with the Environmental deserve and will go a long way toward Among other things, the conference re- Protection Agency, EPA. The con- stemming the crisis in health care. port lowers the annual income thresh- ference report contains $8.5 billion in The conference report provides more old to automatically qualify for the new budget authority. That is a reduc- than $1.3 billion for our cultural and maximum grant from $30,000 to $23,000. tion of approximately 3.5 percent below arts agencies, including $146 million for While I believe it is important to main- the equivalent 2011 level, but still a sig- each of the National Endowment for tain support for the maximum Pell nificant investment in our scientific the Arts and Humanities; $811 million grant, I am troubled by the hurdles research capabilities, our environ- for the Smithsonian Institution, in- being erected to qualify for this assist- mental programs, and critically needed cluding funding to begin construction ance. water and sewer infrastructure. of the African-American History and I am pleased that the conference Included in the funding for EPA is Culture Museum; and $36 million for agreement includes $28.7 million for $1.4 billion for the Clean Water State the Kennedy Center. literacy and school library programs. I Revolving Fund and $919 million for All in all, this bill represents sound want to thank Chairman HARKIN, Vice the Drinking Water State Revolving investments in the scientific, natural, Chairman COCHRAN, as well as Senators Fund. Combined, this is nearly $800 and cultural resources that come under GRASSLEY, STABENOW, WICKER, and million more than was initially pro- the jurisdiction of this subcommittee. SNOWE, who have worked with me to vided by the House. The investments Given resources at hand, not everyone maintain Federal investments in these we are making in the clean water fund will be satisfied, but I am confident programs because they recognize that will lead to the start of approximately that we have made wise funding deci- literacy remains at the core of aca- 473 new wastewater projects nation- sions that will maximize our limited demic achievement for all children and wide and will put more than 81,000 dollars. is a strong indicator for long-term suc- Americans to work when combined It is also important to note what is cess and opportunity. The conference with State matching funds. In addi- not included in the conference report. report also provides $3.48 billion for the tion, the funding provided for the It is no secret that the Interior and Low-Income Home Energy Assistance drinking water fund translates into 353 Environment appropriations bill at- Program, LIHEAP. While that level is

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8758 CONGRESSIONAL RECORD — SENATE December 17, 2011 $900 million more than the President’s et. In other words, decreasing the provision is subject to a point of order request, it nonetheless represents a $1.2 SEC’s funding has no effect on our established by Section 314 of the 2009 billion or 25-percent cut for the main budget deficit; it only serves to ham- Budget Resolution. H.R. 2055 is not sub- Federal program that assists low-in- string the SEC and to slow implemen- ject to any other budget points of come households with their energy tation of the Wall Street Reform Act. order. bills. I do want to acknowledge the fact H.R. 3672 is not subject to any budget Given the high price of energy, drop- that while the conference report does points of order. ping winter temperatures, and the not add resources to what was provided I ask unanimous consent that the tough economy, I hope that we can re- under the Commodity Futures Trading table displaying the Budget Committee visit this issue. To that end, I have Commission, CFTC, under the Agri- scoring of the bill be printed in the been joined by Senators SNOWE and culture Appropriations Act, it does RECORD. SANDERS and other colleagues in intro- grant CFTC limit transfer authority so There being no objection, the mate- ducing the LIHEAP Protection Act, that it will not have to lay off per- rial was ordered to be printed in the which would maintain level funding for sonnel. This is not enough to make the RECORD, as follows: the LIHEAP at last year’s level of $4.7 CFTC the cop on the beat we need it to billion. We are urging leadership to be, but it is a critical change. H.R. 2055, CONSOLIDATED APPROPRIATIONS ACT, 2012, bring up this bill soon so Congress can As the months pass and the financial AND H.R. 3672, DISASTER RELIEF APPROPRIATIONS take prompt action to fully restore crisis of 2008 seems further away, we ACT, 2012 this funding. should not and cannot forget that the [Spending comparisons—Conference-Report (in millions of dollars)] Finally, the Labor, HHS, and Edu- failure to effectively regulate the fi- Security Non-Security Total cation division of the conference report nancial sector came at tremendous Division A: Department of De- includes nearly $560 million, a $34 mil- cost to the average American. We must fense Appropriations Act, lion increase, for States to purchase remind ourselves of why we passed the 2012 Conference-Report: immunizations for the uninsured and Wall Street Reform Act, and why it Budget Authority ...... 633,229 0 633,229 underinsured. I strongly support this needs to be robustly funded, so that we Outlays ...... 647,602 10 647,612 Senate 302(b) Allocation: wise investment since every dollar in- never have to endure such staggering Budget Authority ...... 633,230 0 — vested in the seven recommended pedi- costs again. Outlays ...... — — 654,737 Division A Compared To: atric vaccines saves $16.50 in direct and In conclusion, Mr. President, the con- Senate 302(b) allocation: indirect health care costs. ference report we are voting on is far Budget Authority ...... ¥1 0 — Under the Energy and Water division, Outlays ...... — — ¥7,125 from perfect, but recognizing the lim- Division B: Energy and Water I am pleased that the bill increases the ited resources available and the chal- Development and Related funding for the Army Corp’s Con- Agencies Appropriations Act, lenge of negotiating with the House, it 2012 tinuing Authorities Program from the is a reasonable agreement. Conference-Report: 1 levels provided by the Senate and the Mr. CONRAD. Mr. President, I rise to Budget Authority ...... 11,000 22,734 33,734 Outlays ...... 11,146 35,276 46,422 House. I want to thank and commend offer for the record the Budget Com- Senate 302(b) Allocation: Chairman FEINSTEIN for working to mittee’s official scoring of H.R. 2055, Budget Authority ...... 11,000 22,734 — Outlays ...... — — 46,522 boost the Section 205 flood control pro- the Consolidated Appropriations Act, Division B Compared To: gram from $5 million to more than 2012, and H.R. 3672, the Disaster Relief Senate 302(b) allocation: Budget Authority ...... 0 0 — $18.7 million. Appropriations Act, 2012. Outlays ...... — — ¥100 As with LIHEAP, the Weatherization H.R. 2055 includes the conference re- Division C: Financial Services and General Government Assistance Program, WAP, which helps port to accompany Military Construc- Appropriations Act, 2012 low-income families improve the en- tion and Veterans Affairs and Related Conference-Report: Budget Authority ...... 0 19,526 19,526 ergy efficiency of their homes and Agencies Appropriations Act, 2012, as Outlays ...... 0 23,735 23,735 saves each participant an estimated well as legislation for the eight re- Senate 302(b) Allocation: Budget Authority ...... 0 21,526 — $437 annually in energy costs, experi- maining appropriations bills. H.R. 3672 Outlays ...... — — 25,735 enced a significant reduction from the provides disaster relief funding and ad- Division C Compared To: Senate 302(b) allocation: 2 fiscal year 2011 level, dropping 61 per- ditional program integrity funding. Budget Authority ...... 0 ¥2,000 — cent from $174 million to $68 million. H.R. 2055 is divided into nine divi- Outlays ...... — — ¥2,000 Division D: Departments of This is the lowest funding level since sions, one for each of the appropria- Homeland Security Appro- 1978, the year after the program’s in- tions bills it contains. Each division priations Act, 2012 Conference-Report: 1 ception in 1977, and I hope that next will be considered separately for budg- Budget Authority ...... 46,258 0 46,258 year we can begin to restore this fund- et enforcement purposes. Outlays ...... 45,360 0 45,360 Senate 302(b) Allocation: ing. Each of the divisions of H.R. 2055 is Budget Authority ...... 46,258 0 — The Financial Services and General within its respective subcommittee’s Outlays ...... — — 45,360 Division D Compared To: Government division carries funding allocation for budget authority and Senate 302(b) allocation: for the Securities and Exchange Com- outlays. The bill is within security and Budget Authority ...... 0 0 — Outlays ...... — — 0 mission, SEC, and other financial regu- nonsecurity budget authority limits es- Division E: Department of Inte- lators. I know that Chairman DURBIN tablished by the Budget Control Act. rior and Related Agencies Appropriations Act, 2012 shares my concern and frustration over In addition to regular funding, H.R. Conference-Report: the efforts of House Republicans to de- 2055 includes $126.5 billion that has Budget Authority ...... 0 29,175 29,175 Outlays ...... 0 30,866 30,866 prive these regulators of the authority been designated as being for Overseas Senate 302(b) Allocation: and funding to oversee financial mar- Contingency Operations. H.R. 3672 in- Budget Authority ...... 0 29,175 — Outlays ...... — — 30,866 kets. cludes $8.1 billion in funding designated Division E Compared To: Regrettably, the conference report as being for disaster relief and $483 mil- Senate 302(b) allocation: Budget Authority ...... 0 0 — cuts SEC funding by $86 million from lion in additional program integrity Outlays ...... — — 0 the administration’s request and the funding. Pursuant to section 106(d) of Division F: Departments of Labor, Health and Human Senate-passed appropriations bill. In the Budget Control Act, an adjustment Services, Education and Re- addition, the conference report re- to the Appropriations Committee’s lated Agencies Appropria- tions Act, 2012 scinds $25 million from an SEC reserve 302(a) allocation and to budgetary ag- Conference-Report: 3 fund that Senator SHELBY and I created gregates has been made for these Budget Authority ...... 0 156,767 156,767 Outlays ...... 0 179,569 179,569 outside of the appropriations process in amounts in budget authority and for Senate 302(b) Allocation: order to ensure that the SEC would al- the outlays flowing therefrom. Budget Authority ...... 0 156,767 — Outlays ...... — — 179,569 ways have access to the funds it needs Section 1401 of Division G of H.R. Division F Compared To: for technology and long-term funding 2055, Legislative Branch Appropria- Senate 302(b) allocation: Budget Authority ...... 0 0 — needs. These cuts were made despite tions Act, 2012, makes a change to a Outlays ...... — — 0 the fact that the SEC’s budget is com- mandatory program that results in an Division G: Legislative Branch Appropriations Act , 2012 pletely paid for by fees it collects on increase in direct spending in years fol- Conference-Report: the securities industry and is off-budg- lowing the budget year, 2013–2021. This Budget Authority ...... 10 4,297 4,307

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8759 H.R. 2055, CONSOLIDATED APPROPRIATIONS ACT, 2012, The result was announced—yeas 72, The question is on agreeing to the AND H.R. 3672, DISASTER RELIEF APPROPRIATIONS nays 27, as follows: concurrent resolution. ACT, 2012—Continued [Rollcall Vote No. 233 Leg.] Mr. BARRASSO. Mr. President, I ask [Spending comparisons—Conference-Report (in millions of dollars)] YEAS—72 for the yeas and nays. The PRESIDING OFFICER. Is there a Akaka Hagan Nelson (NE) Security Non-Security Total Alexander Harkin Nelson (FL) sufficient second? There is a sufficient Outlays ...... 10 4,326 4,336 Baucus Heller Pryor second. Senate 302(b) Allocation: Begich Hoeven Reed The clerk will call the roll. Budget Authority ...... 10 4,297 — Bennet Hutchison Reid The legislative clerk called the roll. Outlays ...... — — 4,336 Bingaman Inouye Roberts Mr. KYL. The following Senator is Division G Compared To: Blumenthal Johanns Rockefeller Senate 302(b) allocation: necessarily absent: the Senator from Budget Authority ...... 0 0 — Blunt Johnson (SD) Rubio Outlays ...... — — 0 Boozman Kerry Sanders Kentucky (Mr. PAUL). Division H: Military Construc- Boxer Klobuchar Schumer The PRESIDING OFFICER. Are there tion and Veterans Affairs Brown (MA) Kohl Sessions any other Senators in the Chamber de- and Related Agencies Ap- Brown (OH) Landrieu Shaheen propriations Act, 2012 siring to vote? Conference-Report: Cantwell Lautenberg Shelby Budget Authority ...... 71,511 236 71,747 Cardin Leahy Snowe The result was announced—yeas 43, Outlays ...... 78,125 289 78,414 Carper Levin Stabenow nays 56, as follows: Senate 302(b) Allocation: Casey Lieberman Tester [Rollcall Vote No. 234 Leg.] Budget Authority ...... 71,511 236 — Cochran Manchin Udall (CO) Outlays ...... — — 78,414 Collins McCaskill Udall (NM) YEAS—43 Division H Compared To: Senate 302(b) allocation: Conrad Menendez Vitter Ayotte Grassley Murkowski Budget Authority ...... 0 0 — Coons Merkley Warner Barrasso Heller Nelson (NE) Outlays ...... — — 0 Durbin Mikulski Webb Blunt Hoeven Portman Division I: Department of Feinstein Moran Whitehouse Boozman Hutchison Risch State, Foreign Operations Franken Murkowski Wicker and Related Programs Ap- Burr Inhofe Roberts Gillibrand Murray Wyden propriations Act, 2012 Chambliss Isakson Rubio Conference-Report: NAYS—27 Coats Johanns Sessions Budget Authority ...... 53,207 136 53,343 Coburn Johnson (WI) Shelby Outlays ...... 52,681 199 52,880 Ayotte DeMint Kyl Cochran Kirk Snowe Senate 302(b) Allocation: Barrasso Enzi Lee Corker Kyl Budget Authority ...... 53,207 136 — Thune Burr Graham Lugar Cornyn Lee Outlays ...... — — 52,880 Toomey Division I Compared To: Chambliss Grassley McCain Crapo Lugar Senate 302(b) allocation: Coats Hatch McConnell DeMint McCain Vitter Budget Authority ...... 0 0 — Coburn Inhofe Portman Enzi McConnell Wicker Outlays ...... — — 0 Corker Isakson Risch Graham Moran Cornyn Johnson (WI) Thune 1 Total includes disaster relief funding provided in H.R. 3672. NAYS—56 2 P.L. 112–33. Continuing Appropriations Act, 2012, delayed a statutory Crapo Kirk Toomey requirement for the Postal Service to make a payment to the Postal Service NOT VOTING—1 Akaka Franken Mikulski Retiree Health Benefit Fund. Because the payment was originally required in Alexander Gillibrand Murray 2011, the provision scores as $2 billion in on-budget savings for 2012. Paul Baucus Hagan 3 Total includes program integrity funding provided in H.R. 3672. Nelson (FL) The bill (H.R. 3672) was passed. Begich Harkin Pryor f Bennet Hatch Reed The PRESIDING OFFICER. There is Bingaman Inouye DISASTER RELIEF Reid now 2 minutes of debate prior to a vote Blumenthal Johnson (SD) Rockefeller APPROPRIATIONS ACT, 2012 on H. Con. Res. 94. Boxer Kerry Sanders Brown (MA) Klobuchar Mr. REID. Mr. President, I ask unan- Schumer Brown (OH) Kohl Shaheen imous consent that the Senator from Cantwell Landrieu CORRECTING THE ENROLLMENT Stabenow Louisiana be given 2 minutes, and the Cardin Lautenberg OF H.R. 3672 Tester same on the other side. Carper Leahy The ACTING PRESIDENT pro tem- Casey Levin Udall (CO) The PRESIDING OFFICER. Without Collins Lieberman Udall (NM) pore. Under the previous order, the objection, it is so ordered. Conrad Manchin Warner conference report is temporarily set The Senator from Louisiana. Coons McCaskill Webb aside, and the Senate will proceed to Ms. LANDRIEU. Mr. President, I will Durbin Menendez Whitehouse the consideration of H.R. 3672 and H. be as brief as I can, but I ask the Mem- Feinstein Merkley Wyden Con. Res. 94, en bloc, which the clerk bers to reject the House resolution that NOT VOTING—1 will report. is before us. I ask Republicans and Paul The assistant legislative clerk read Democrats to reject the amendment The PRESIDING OFFICER. On this as follows: that is before us. It is unnecessary and vote the yeas are 43, the nays are 56. H. Con. Res. 94, a concurrent resolution di- it violates the Budget Control Act. Under the previous order requiring 60 recting the Clerk of the House of Representa- We just had a very strong vote—72 votes for the adoption of the amend- tives to make corrections in the enrollment Members voted to fund relief for vic- of H.R. 3672. ment, the amendment is rejected. tims of disaster as we struggle to re- f Mr. REID. Mr. President, is there any build communities from Vermont to time remaining? Missouri to the west coast that have COMMEMORATING AND HONORING The ACTING PRESIDENT pro tem- been devastated by unprecedented dis- THE SERVICE AND SACRIFICE OF pore. There is 2 minutes equally di- asters. The weather service just indi- MEMBERS OF THE UNITED vided. cated that we had over 12 disasters this STATES ARMED FORCES AND Mr. REID. I yield back on this side. THEIR FAMILIES AS THE OFFI- The ACTING PRESIDENT pro tem- year of over $1 billion each. Defeat the resolution. It violates the CIAL COMBAT MISSION IN IRAQ pore. Who yields time? DRAWS TO A CLOSE Mr. MCCONNELL. I yield back. Budget Act, and it sets a disruptive Mr. REID. I ask for the yeas and and dangerous precedent for forcing us Mr. WHITEHOUSE. Mr. President, in nays. to fund disasters in the years they the Senate we come at the war in Iraq The ACTING PRESIDENT pro tem- occur. It will cut education, transpor- from many different points of view, but pore. Is there a sufficient second? tation, and discretionary programs un- in one respect I believe we are united There appears to be a sufficient sec- necessarily and in violation of the and unanimous, and that is an appre- ond. Budget Control Act. ciation for our troops who fought and The question is on passage of the bill. I thank the Members. Please vote no. bled and died in Iraq. So before we re- The clerk will call the roll. The PRESIDING OFFICER. The Sen- turn to our home States, I ask unani- The legislative clerk called the roll. ate will be in order. mous consent that we proceed to the Mr. KYL. The following Senator is Who yields time? immediate consideration of S. Res. 349, necessarily absent: the Senator from Is there no time in opposition? a resolution commemorating and hon- Kentucky (Mr. PAUL). Ms. LANDRIEU. Waive and vote. oring the service and sacrifice of mem- The PRESIDING OFFICER (Mr. Vote? bers of the United States Armed Forces COONS). Are there any other Senators The PRESIDING OFFICER. All time who served in Iraq, and their families, in the Chamber desiring to vote? is yielded back. and we do so as a unified Senate.

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8760 CONGRESSIONAL RECORD — SENATE December 17, 2011 The PRESIDING OFFICER. The (2) calls on the people of the United States Shaheen Udall (NM) Wicker clerk will report the resolution by to reflect on the service of those members of Stabenow Warner Wyden the United States Armed Forces, veterans, Tester Webb title. Udall (CO) Whitehouse The assistant legislative clerk read and their families, and honor their sacrifices; as follows: and NAYS—32 (3) commemorates and honors the con- A resolution (S. Res. 349) commemorating Ayotte Hatch Portman tributions made by members of the United Barrasso Inhofe Risch and honoring the service and sacrifice of the States Armed Forces and their families, as United States Armed Forces and their fami- Burr Johnson (WI) Rubio the official combat mission in Iraq draws to Coats Kirk lies as the official combat mission in Iraq Sanders a close. Coburn Kyl draws to a close. Sessions Corker Lee Shelby There being no objection, the Senate f Cornyn Lugar Snowe proceeded to consider the resolution. Crapo McCain Thune DeMint McCaskill MILITARY CONSTRUCTION AND Toomey Mr. BAUCUS. I wish to add my name Enzi McConnell VETERANS AFFAIRS, AND RE- Vitter as a cosponsor to the resolution. Grassley Moran The PRESIDING OFFICER. Without LATED AGENCIES APPROPRIA- objection, it is so ordered. TIONS ACT, 2012—CONFERENCE NOT VOTING—1 Ms. AYOTTE. Mr. President, I want REPORT—Continued Paul to thank my colleague from Rhode Is- The PRESIDING OFFICER. There is The PRESIDING OFFICER. On this land for bringing forward this resolu- now two minutes of debate prior to a vote, the yeas are 67, the nays are 32. tion. As the proud wife of an Iraq war vote on the conference report to ac- Under the previous order requiring 60 veteran, this is an appropriate time. company H.R. 2055. votes for the adoption of the con- We thank our troops for what they Mr. INOUYE. Mr. President, this Om- ference report to accompany H.R. 2055, have done in Iraq, for their courage, nibus appropriations bill represents a the conference report is agreed to. their sacrifice, and for allowing Iraq an victory for compromise, a victory for The majority leader. opportunity to forge a democracy mov- American taxpayers, and a victory for ing forward. We also remember and Mr. MCCONNELL. Mr. President, bipartisanship. It is fiscally responsible today I cast my vote against H.R. 2055, honor the thousands who have lost and it provides the necessary guidance their lives for us and for our freedom the nine-bill appropriations measure. I to our agencies so they will be able to opposed this package because the proc- and we thank all of them at this time fulfill their vital missions on behalf of of year. I rise in support of this resolu- ess put forward by the majority was the American people. It meets every woefully inadequate given the serious- tion. requirement of the Budget Control Act The PRESIDING OFFICER. Is there ness of the issues involved. Valuable and contains not a single earmark; 149 further debate? legislative time was wasted this year If not, the question is on agreeing to Democrats and 147 Republicans voted on political messaging votes; time that the resolution. in favor of this bill yesterday. Clearly could have been more properly devoted The resolution (S. Res. 349) was it is a strong bipartisan bill and I urge to the nuts and bolts of legislating. agreed to. a ‘‘yes’’ vote. The full Senate, for example, was de- The preamble was agreed to. The PRESIDING OFFICER. Who nied the opportunity to consider the The resolution, with its preamble, yields time? Defense Appropriations bill at a time reads as follows: Mr. REID. Mr. President, this will be when our men and women in uniform S. RES. 349 the last rollcall vote of this year. are facing looming uncertainty over Whereas nearly 1,500,000 members of the Have a happy holiday, everyone. out-year funding. United States Armed Forces served in Iraq, The PRESIDING OFFICER. The Despite my overall opposition to this many serving on multiple deployments; question is on the adoption of the con- measure, I would note that there are Whereas the members of the United States ference report to accompany H.R. 2055. Armed Forces who served in support of oper- several provisions that I am in favor of Mr. BARRASSO. I ask for the yeas in this package. As always, I support ations in Iraq performed brilliantly in a and nays. highly complex and challenging environ- funding for the brave members of our ment, and did everything that was asked of The PRESIDING OFFICER. Is there a military and for our veterans. Indeed, I them and more to meet the requirements of sufficient second? voted for the Senate version of the the mission; There appears to be a sufficient sec- Military Construction/VA appropria- Whereas thousands of members of the Na- ond. tions bill earlier this year and just a tional Guard and Reserves left their civilian The clerk will call the roll. few days ago voted for the final version jobs and livelihoods to support operations in The assistant legislative clerk called Iraq, making enormous contributions, and of the Defense Authorization bill. the roll. Among the other provisions I support serving with distinction; Mr. KYL. The following Senator is Whereas nearly 4,500 members of the are policy riders such as those that en- United States Armed Forces made the ulti- necessarily absent: The Senator from courage a culture of life and that rein mate sacrifice in giving their lives in sup- Kentucky (Mr. PAUL). in government overreach. port of operations in Iraq; The PRESIDING OFFICER. Are there In closing, it is unfortunate that the Whereas more than 30,000 members of the any other Senators in the Chamber de- majority continues to operate as it United States Armed Forces were wounded siring to vote? serving in support of operations in Iraq; has. I am hopeful that the majority’s The result was announced—yeas 67, efforts in this regard do not presage Whereas families of the members of the nays 32, as follows: United States Armed Forces serving in Iraq further legislative shortcuts on mat- endured repeated deployments and spent [Rollcall Vote No. 235 Leg.] ters of national importance in the sec- many holidays, birthdays, and anniversaries YEAS—67 ond session of this Congress. apart; Akaka Conrad Landrieu Whereas, after nearly nine years of com- Alexander Coons Lautenberg f bat, we welcome home our veterans and con- Baucus Durbin Leahy tinue to support members of the United Begich Feinstein Levin States Armed Forces deployed in Afghani- Bennet Franken Lieberman MORNING BUSINESS stan and elsewhere in the world; Bingaman Gillibrand Manchin Blumenthal Graham Menendez Whereas Iraq’s destiny and future develop- Mr. REID. Mr. President, I ask unan- Blunt Hagan Merkley imous consent that the Senate proceed ment now lie with its people; and Boozman Harkin Mikulski Whereas the people of the United States Boxer Heller Murkowski to a period of morning business until 2 recognize the service and sacrifices made by Brown (MA) Hoeven Murray p.m. today, with Senators during that those members of the United States Armed Brown (OH) Hutchison Nelson (NE) period of time being permitted to Forces and veterans, as well as their fami- Cantwell Inouye Nelson (FL) speak for up to 10 minutes each. lies: Now, therefore, be it Cardin Isakson Pryor Carper Johanns Reed The PRESIDING OFFICER. Is there Resolved, That the Senate— Casey Johnson (SD) Reid objection? (1) pays tribute to the members of the Chambliss Kerry Roberts United States Armed Forces who served in Cochran Klobuchar Rockefeller Without objection, it is so ordered. support of operations in Iraq; Collins Kohl Schumer The Senator from Oregon.

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8761 UNANIMOUS CONSENT REQUEST— Oregon has tested it on both sides. We I yield to my colleague. S. 1874 have run it through the hotline. There The PRESIDING OFFICER. The Sen- Mr. MERKLEY. Mr. President, I rise are no objections to the language. I ator from Louisiana. to ask unanimous consent of all of my cannot understand why we cannot Ms. LANDRIEU. Mr. President, I colleagues. Before I explain the unani- move this very important legislation would like to add my voice to the mous consent request, I will give a lit- that absolutely would be central to strong work that has been done by Sen- tle bit of background to S. 1874, which creating jobs in the areas that need ator MERKLEY and Senator SNOWE. As Senator SNOWE and I have worked on them the most throughout the country, the chair of the committee that has for some time because of our mutual especially when we have such a high some jurisdiction over the HUBZone interest in making the HUBZone proc- unemployment rate. Program, I want to urge the Banking ess for rural economic development This is not a difficult issue to under- Committee and the staff and offer the work better. stand. It is very straightforward. The staff of the Small Business Committee When this process occurs with each legislation expedites the timeframe in from the majority side to work very census, there is a 2-year nightmare of which these designations occur for hard today to see if we can get this redtape before communities that HUBzones, particularly because cleared. It is very important to the should benefit from this economic de- HUBzones are areas that are suffering ranking member of our committee, velopment opportunity have the ability most with respect to the downturn of who has worked so hard, and to the to do so. Across the country right now, this economy. Senator from Oregon, who has made we have rural communities that abso- When we have a paltry economic very strong arguments about expe- lutely need to benefit from this most growth of 1.3 percent, of .4 percent, or diting and streamlining some of these recent census. They have high unem- 2 percent, when we have an unemploy- approvals, so I wish them the best. ployment rates. They are hit hard by ment rate that is 8.6 percent but we We are going to work today to see if the drop in exports. They are hit hard have had 9 percent or higher for a good we can get it cleared. It would be the by the collapse of the housing commu- 28 months, and over 8 percent for the second really substantial victory in the nities. Sawmills have shut down. Paper last 34 months, we need to do some- Small Business space, having gotten mills have shut down. thing about it. This could help small our SBIR bill through just recently So many folks come to this floor to businesses, and it could help people in after 6 years of very acrimonious de- talk about cutting redtape and talk these areas who are currently unem- bate. If we can get this fix to the about helping the economy in the heart ployed. So I would hope there would be HUBZone Program, it would be terrific. of rural America. They come to this no objections with respect to this ini- I thank the Senators for their hard floor and they talk about how impor- tiative. work. tant economic development and jobs I thank the Senator from Oregon for I yield the floor. are. And this is a little fix that takes 1 his leadership on this matter. Mr. MERKLEY. Mr. President, I year out of the bureaucracy. That is The PRESIDING OFFICER. The Sen- thank all of my colleagues. why Senator SNOWE and I have worked ator from Oregon. I yield the floor, and I suggest the ab- together on this process. Mr. MERKLEY. Mr. President, I sence of a quorum. Now, twice we have brought this for- thank my colleague. The PRESIDING OFFICER. The ward, and twice it has been cleared by The third sponsor on this bill is Sen- clerk will call the roll. every Member of this body. Neither ator LANDRIEU, the chair of the Small The assistant legislative clerk pro- time did it make it into a bill that got Business Committee. I yield to her. ceeded to call the roll. to the President’s desk. So we are com- Mr. KYL. Mr. President, I ask the in- Mr. PRYOR. Mr. President, I ask ing back once more to say: Let com- dulgence of my colleague. If my col- unanimous consent that the order for mon sense prevail to fix the entangle- league could make the unanimous con- the quorum call be rescinded. ment in the bureaucracy that is taking sent request to which I can respond, The PRESIDING OFFICER. Without away opportunities for rural America. then I can leave. objection, it is so ordered. Let’s put an end to that today. Mr. MERKLEY. Mr. President, I ask f unanimous consent that the Banking I will defer to my colleague to speak, TRIBUTE TO TIM MASSANELLI and then we will ask for unanimous Committee be discharged from further consent. consideration of S. 1874, the HUBZone Mr. PRYOR. Mr. President, as we I yield to the Senator from Maine. Qualified Census Tract Act of 2011; that close out the year, I want to take The PRESIDING OFFICER. The Sen- the Senate proceed to its consider- today to honor the work and career of ator from Maine. ation; that the bill be read a third time Tim Massanelli. Ms. SNOWE. Mr. President, I wish to and passed, the motion to reconsider be Last month, Tim stepped down from thank the Senator from Oregon regard- laid upon the table, with no inter- his position as parliamentarian of the ing this critical issue we have been viewing action or debate, and any Arkansas House of Representatives, a working on for a considerable period of statements related to the bill be print- place where he has worked since 1973— time and that thought we had really ed in the RECORD as if read. 39 good years of valuable public serv- cleared on both sides. This language is The PRESIDING OFFICER. Is there ice. mightily important to improving the objection? When Tim first came to work for the rural economies of this country, par- Mr. KYL. Mr. President, there is ob- Arkansas House of Representatives, ticularly because it would expedite the jection on our side. I will object. But I things were much different than they HUBZone designation to allow busi- do want to make a point that as a re- are today. My longtime friend Dale nesses in those HUBzones to provide sult of Senator SNOWE and Senator Bumpers was our Governor and Rich- jobs by virtue of the fact that they MERKLEY’s intercession here, our staff ard Nixon was President. I was in the would get preferential treatment in the has talked to Senator SHELBY, who fourth grade. contracting process. says he will try to work to get it Upholding the mantra of citizen leg- As we know, the Federal Government cleared and to hotline it again on our islators, the Arkansas House had no buys more than $400 billion worth of side today. So at this time, I cannot permanent employees and only a small contracts each year. We want to make clear it, but there will be an effort to support system in the Bureau of Legis- sure small businesses and particularly accomplish that result. lative Research. With our Nation and those located in hard-hit areas of our The PRESIDING OFFICER. Objec- state modernizing, full-time employees country have access to those con- tion is heard. were needed in the house, and Tim was tracting dollars and are able to partici- The Senator from Oregon. in the right place at the right time. He pate on an equal footing. Mr. MERKLEY. Mr. President, I was also exactly the right man for the This would create jobs. So I regret thank my colleague from Arizona. We job. the fact that we are not able to get appreciate his help. We appreciate the Growing up in Pine Bluff, AR, Tim’s support to move this legislation for- ranking member of the Banking Com- family raised him to be civically en- ward because I know the Senator from mittee assisting in this matter. gaged and active in his community—

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8762 CONGRESSIONAL RECORD — SENATE December 17, 2011 traits he has since passed on to his kansas State House of Representatives. still one of the strongest and most ac- three sons. With a background in small I wish him the best in his transition tive of its type in the State. And Mary business and politics and an expertise and thank him for his many years of continued to be involved with the club in parliamentary procedure, Tim was a service to the State of Arkansas. until her passing. natural fit for the parliamentary posi- I yield the floor, and I suggest the ab- Mary also played a critical role in tion. However, he did not start there. sence of a quorum. supporting her husband Clyde’s polit- His first session, he worked for the The PRESIDING OFFICER. The ical career during his two decades of house soundboard. Tim, through his clerk will call the roll. public service in the Kentucky legisla- hard work and smarts and charismatic The assistant legislative clerk pro- ture and as Kenton County judge- exec- personality, transformed the office and ceeded to call the roll. utive. And as I already mentioned, her role of parliamentarian. He took on the Mr. MCCONNELL. Mr. President, I son John is currently the Kenton Coun- responsibility for making the house op- ask unanimous consent that the order ty circuit court clerk. Public service erations run as smoothly as possible, for the quorum call be rescinded. runs in the Middleton family. whether the legislature was in or out of The PRESIDING OFFICER. Without So has compassion for those who are session. objection, it is so ordered. less fortunate. Mary showed that com- Naturally, the parliamentarian ad- f passion in so many ways—through her vises the speaker and all 100 members TRIBUTE TO MARY MIDDLETON volunteer work with the Salvation of the State’s house about procedural Army, the Red Cross, Church Women matters. Tim did a great job of that Mr. MCCONNELL. Mr. President, I United, and her home church of Gloria over the years, but he became much rise to pay tribute to a woman who was Dei Lutheran. Somehow she also found more important to the body than that. a dear friend of mine, now sadly de- time to dedicate to the Covington Opti- During his time of service, 19 speakers parted, who was deeply committed to mist Club and the Florence Woman’s of the house, 7 Governors, and over serving her community in northern Club, as well as the Kenton County Re- 1,000 members of the Arkansas House Kentucky, and who left everything she publican Women’s Club she founded. came to rely on Tim for his knowledge touched a little better off than it was The day before she died, Mary drove and skills in navigating the legislative before she found it. I’m speaking of a cancer patient to treatment at St. process. Mrs. Mary Middleton of Fort Mitchell, Elizabeth Hospital, something she and In years past, the Arkansas General KY, who tragically died in an accident Clyde had done for years. Mary was a Assembly was dominated by senior leg- on November 22, 2011. She was 83 years teacher at the McMillan Center Alter- islators with sometimes decades of ex- old. native School. The Cincinnati Enquirer perience each. When Arkansas adopted I know northern Kentucky would not honored her in 1981 as a Woman of the term limits in 1992, members could be the same if not for the timeless Year. only serve three terms, so the constant dedication of Mary and her family over This Christmas season, as Kentuck- turnover meant dramatically increased more than five decades. A community ians flock to the shopping malls and reliance on Tim’s skills and knowledge. leader, philanthropist, lifelong adven- stores, they will walk by the familiar He established a more rigorous orienta- turer and supporter of public service, Salvation Army red kettle and hear tion for each new class of new legisla- Mary Middleton’s loss is a great loss the bell. Sadly, one bell ringer who will tors that taught them how to be good for the people of Kenton County and be missing is Mary Middleton. and effective representatives. Without the entire Commonwealth of Kentucky. It’s a testament to the effect she had his experience and insight, the Arkan- Mary grew up in Wisconsin, although on others that, within days of her sas House and the current members there’s no doubt that after more than death, dozens of volunteers in Kenton would not be nearly as strong as they 50 years Kentucky was her home. As a County stepped forward to fill the hole are today. young woman she was keen on trav- she left behind and ring that bell. On a personal note, let me say this eling the world. Also a frugal woman, Elaine and I are profoundly saddened about Tim Massanelli: I consider him a she attempted to do so on ten dollars a by the loss of Mary Middleton, and our friend. When I was a 27-year-old fresh- day. Somewhere in France she ran out deepest condolences go to her family: man representative, I was determined of money and had to telegraph her fa- her husband, Clyde; her sons, John, to learn the rules, and Tim was my ther to send her some more. David, and Richard; her daughter, Ann teacher. You know the old saying that Mary also went to work for the Schmidt; her eight grandchildren, and there is no such thing as a dumb ques- YWCA as a way to travel and have many other beloved family members tion. Well, I put that to the test a few someone other than her father foot the and friends. times. But he was a mentor, a coun- bill. On a YWCA assignment in Hawaii, Mr. President, I know my colleagues selor, a father figure, and he just took she met a young Naval officer named here in the U.S. Senate join me in hon- care of me. Truthfully, he made him- Clyde Middleton. The couple married, oring Mrs. Mary Middleton, mourning self available to anybody who needed and when Clyde was transferred to Cin- her loss, and wishing for comfort for anything. I suspect that same commit- cinnati by his employer Procter & her family. The Cincinnati Enquirer re- ment he has to others and to the insti- Gamble, eventually settled in northern cently published an article celebrating tution he loves makes him the best Kentucky. Mary’s life. I ask be unanimous con- ‘‘They got off the airplane and saw deacon Our Lady of the Holy Souls sent that it be printed in the RECORD. Catholic Church has ever had. all the beautiful trees and said this is There being no objection, the mate- He has helped me in many, many where we want to live,’’ says their son, rial was ordered to be printed in the John Middleton, who is the Kenton ways over the years, but I think the RECORD, as follows: biggest favor he ever did for me was County circuit court clerk. ‘‘And when he told me that his son Randy northern Kentucky is a much better [From the Cincinnati Enquirer, Nov. 23, 2011] would be a good hire in the attorney place because she was here.’’ NORTHERN KENTUCKY MATRIARCH MARY general’s office. We hired a lot of good Mary was determined to make her MIDDLETON KILLED BY GARBAGE TRUCK people in that office, but everybody mark early. In the 1950s, she ran for a MARY WAS AN ORGANIZER, A LEADER, AND AN agrees that Randy Massanelli was the Kentucky State House seat as a Repub- INSPIRATION TO ANYONE WHO MET HER best hire I ever made. He is still the lican, at a time in Kentucky when it (By Brenna R. Kelly) best hire I ever made. The qualities was impossible to be elected unless you FORT MITCHELL.—No one was a stranger to that make Randy so valuable to others were a man and a Democrat. Thank- Mary Middleton. Whether it was the people were engrained in him by Tim fully, times have changed on both donating money as she rang the bell for the Massanelli, and I bet Dottie had a little counts. Salvation Army, the cancer patients she Mary did not succeed in that race, drove to treatment or the new family who bit to do with that as well. moved onto her street—she cared. Whether it is his sense of humor, but she didn’t let that stop her from Middleton, who was the first northern Ken- wise counsel, or his skills in parliamen- having an influence. In 1960, she found- tucky Republican woman to run for office tary procedure, I know Tim’s daily ed the Kenton County Republican and later became a well-known philan- presence will be missed around the Ar- Women’s Club, an organization that is thropist, was hit and killed by a garbage

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8763 truck Tuesday morning in front of the Fort United, Kentucky Symphony and at her COMMENDING THE MINORITY Mitchell Avenue home where she lived for 52 church, Gloria Dei Lutheran. She was also LEADER years. She was 83. ‘‘She loved making people active in the Covington Optimist Club, the feel good,’’ said her son John Middleton, Florence Woman’s Club and Kenton County Ms. LANDRIEU. Mr. President, I Kenton Circuit Court Clerk. ‘‘I think that’s Republican Women’s Club, which she founded wish to commend the minority leader what’s going to be the loss, not just for us, 51 one years ago. for that beautiful tribute. I have been but for the whole northern Kentucky com- In 1981, she was honored by the Enquirer as privileged to be on the floor several munity.’’ a Woman of the Year. She was also a teacher times when he has offered tributes to It was raining Tuesday morning about 10:20 at the McMillan Center Alternative School. his constituents, and I always find a.m. when Mary Middleton apparently took a ‘‘She was everybody’s mother,’’ said Ken- bag of garbage out to a Bavarian garbage them to be so beautifully written and ton County Sheriff Chuck Korzenborn, a Re- delivered. I understand he writes them truck on her street. Police were still inves- publican who counted Middleton as one of tigating how the accident occurred, but the his first supporters when he ran for sheriff. himself. truck hit Middleton in the street. ‘‘She was a person who had only one thing on I was very touched by his memories Emergency responders called for a medical her mind, what was good for the community of a special constituent. I wish him and helicopter but it was unable to respond be- and the people in it.’’ all the people of Kentucky a great holi- cause of the weather. Middleton died at the ‘‘Mary’s fine, she’s with her maker and day season. scene. The driver of the truck was taken to with the Lord. She’s fine, but the people f St. Elizabeth Hospital to be tested for drugs down here are going to miss her very, very or alcohol, which is routine after a fatal ac- much.’’ cident involving a commercial truck, said HOMELAND SECURITY BUDGET On Monday, Mary Middleton drove a can- Fort Mitchell Police Chief Jeff Eldridge. cer patient for treatment at St. Elizabeth Ms. LANDRIEU. Mr. President, I The driver, John Boaz, has worked for the Hospital, something that she and her hus- wish to say a few words about the company for 15 years, said Bavarian spokes- band had done for years. On Tuesday, she Homeland Security appropriations man Rick Bruggemann. ‘‘Our deepest condo- was planning her regular visit to a nursing bill—one of the nine we approved this lences and prayers go out to the family,’’ home, where she sat with friends and strang- Bruggemann said. Boaz, who has an excellent morning. I was proud to work with my ers alike. safety record, was devastated, he said. ranking member, the Senator from In- Accident reconstruction experts from Er- ‘‘She was truly a humble servant,’’ said diana, Mr. DAN COATS. I am very proud langer Police and the Boone County Sheriff’s Becky Sittason, whose grandmother Mid- to work with the Senator from New dleton was planning to visit. ‘‘She doesn’t Office are helping Fort Mitchell investigate Jersey, FRANK LAUTENBERG, who serves the accident. have to flaunt it or say ‘here is who I helped.’ ’’ as honorary vice chair of the com- Middleton’s husband, former Kenton Coun- mittee because of his seniority and ex- ty Judge-Executive Clyde Middleton, was at Sittason, who has known Middleton since home when his wife was hit. He called John she was 6, only found out she volunteered as pertise in this area. I wanted to put Middleton at work and word quickly spread a bell ringer when she read it last year in the into the RECORD some facts about the across northern Kentucky Republican cir- newspaper. bill. cles. As Mary Middleton’s body lay in the Of all the organizations she was involved This bill has been openly and pub- street covered by a sheet and shielded by yel- in, the Salvation Army was special to Mid- licly debated for almost 1 year. There low tarps, family and friends began gath- dleton, said both Baker and her son. She are some very important components helped organize the charity’s annual fashion ering at the red brick home near the Fort of the bill that I think are of great in- Mitchell Country Club. show and would line up volunteers to ring One of those friends, Shawn Baker, rushed the bell along with her. terest to the people we serve. First, the to the home to be with the family. ‘‘She would never ask anyone to do some- bill totals, for 2012, $39.858 billion, ‘‘I admired Mary more than any person I thing that she wouldn’t do herself,’’ Baker slightly below $40 billion. It is not one know,’’ said Baker, of Crestview Hills, who said. of the largest in our government, but it was in the Kenton County Republican Wom- Middleton rang the bell for more than 20 is neither the smallest. It is sort of in en’s Club and several other groups with Mid- years and recruited her entire family for the midrange of departments, but it is dleton. ‘‘She had so much class. Mary was an shifts at local stores. a very important department—one just organizer, a leader, and an inspiration to ‘‘It just makes your Christmas to know created, as you know, in the aftermath anyone who met her.’’ you’ve done a little something for other peo- and the heartbreak of 9/11. It is a de- Though she was better known as a political ple,’’ she told the Enquirer last year. partment that has had tremendous suc- wife, it was Mary who made the family’s In addition to her husband and son John, of first foray into politics. In the late 1950s she Edgewood, she is survived by her sons David, cess in the 10 years but with a lot of ran for state representative at a time when of Lexington; Richard, of Independence; growing pains. They had a lot of dif- the area elected men and Democrats, said daughter Ann Schmidt, of Orlando; and eight ficulty getting their feet underneath family friend and Kenton County Republican grandchildren. them and bringing in agencies from activist Rick Robinson. ‘‘Each one of the children could say that around the government to provide the She then supported her husband through they felt special,’’ John Middleton said, ‘‘and his two decades in the Kentucky Senate and frontline of defense against attacks to they were her favorite; that’s because she our homeland. more than seven years in Kenton County’s made you feel that way.’’ top job before he resigned in 1998 after a con- I commend Secretary Napolitano for ‘‘She always went out of her way to do troversy involving the awarding of a court- the great work she has done in the last what’s right and to make everybody feel the house construction bid. best about themselves,’’ he said. 2 years to strengthen this department, ‘‘She was the perfect political wife too, she to make very tough decisions, which pushed Dad to do the things and to be nice to When she died Tuesday, there was a note on her desk she had just written welcoming all our Administrators are having to people when maybe he didn’t want to be make, about how to allocate resources nice,’’ John Middleton said. a family that had recently moved onto the Mary Middleton grew up in Wisconsin but street. and set priorities because we are reduc- was adventurous and left to travel the world. ‘‘She didn’t know who they were,’’ her son ing budgets. We are in the process of After trying to see the world on $10 a day, said, ‘‘but she wanted to make them feel wel- eliminating, trimming, and rescinding. she ran out of money in France and had to comed. People don’t do that as much now That is very difficult because, frankly, telegraph her father for money, her son said. days, but she did.’’ almost everything we do on the Fed- She went to work for the YWCA, which Funeral arrangements are pending with eral level is important to somebody, to Linnemann Funeral Homes. sent her to work in Hawaii where she met some entity, to some State, to some Clyde, a Naval officer. She followed him to Mr. MCCONNELL. Mr. President, I business cluster or to some activity of Japan and the couple married. suggest the absence of a quorum. Eventually, Clyde Middleton ended up the government. Despite the common working for Procter & Gamble in Chicago. The PRESIDING OFFICER. The refrain that there is a lot of waste, When he was transferred to Cincinnati, the clerk will call the roll. fraud, and abuse, the fact is, we have Middletons settled in northern Kentucky. The assistant legislative clerk pro- been shaving that, eliminating that ‘‘They got off the airplane and saw all the ceeded to call the roll. substantially, over the last several beautiful trees and said this is where we Ms. LANDRIEU. Mr. President, I ask years. Now we are down to the bone want to live,’’ John Middleton said. ‘‘And unanimous consent that the order for northern Kentucky is a much better place and muscle. because she was here.’’ the quorum call be rescinded. When you are defending a country, In addition to the Salvation Army, she vol- The PRESIDING OFFICER. Without you need to have a lot of muscle. When unteered for the Red Cross, Church Women objection, it is so ordered. you are defending a country, you have

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8764 CONGRESSIONAL RECORD — SENATE December 17, 2011 to have a lot of brain power. Then you also can increase the prices of products not the old-fashioned, out-of-date type. have to have a lot of backbone. That is sometimes to bring in more revenue. That is what our bill supports—or, I what this bill represents, a lot of mus- We are having a hard time getting the should say, we try to. We are having a cle and a lot of strength to defend our other side of this body to understand very difficult time because no one will country. There is no guarantee we will that sometimes you have to bring in put a dime on the table. So we have to not have another attack, but this is the more revenue, as well as cutting, to keep finding ways to do this. bill that makes that less likely. make this work. We have to enforce our immigration That is why I will fight, as chair of I am presenting a bill I am proud of, laws. Everybody at home tells us they this committee, to strengthen it and to which is $39 billion. It is going to be want the laws enforced. But it costs have reliable partners at the State and very difficult to go much further down money to enforce those laws, and that local levels because we cannot do this and to continue to do that which I am is in this bill. As I said, we have to fa- alone. We need our local police and our going to outline that we do in this bill. cilitate trade and protect our currency. State governments’ eyes on the First of all, we spent a lot of time We also secure cyberspace, which is a ground, in neighborhoods—both in this year—because we had to—talking whole growing enterprise in space that urban areas, as the Chair basically rep- about disasters. This was the worst we are learning a great deal about. We resents in Delaware—but we also need year on record for disasters in the will not be fighting wars the way we them out in rural areas, where we have United States—from fires in the West, have in the past. Our enemies will be very sophisticated and serious poten- to floods in the Mississippi, to hurri- attacking us in very different and inno- tial targets for terrorists in terms of canes raking the Northeast, to torna- vative ways—not army to army, navy power structure, power generation, does. We have just had our fill. The to navy, or men and women on the bat- electrical structure, energy structure, weather service, just last week, came tlefield, as we have become accus- our ports, which are mostly in urban out and said that this year, for the first tomed. They may be attacking our areas, but sometimes we will find a cer- time since they recorded this, we had utility sector, trying to shut down our tain niche port somewhere out there over 12 disasters of over $1 billion each. financial systems. We are so reliant sort of off the beaten path. We need to So this year, 2011, was a very tough and interrelated on all the digital net- protect it all. So we have to be very year. Our members and I spent a lot of working. It is very frightening to think careful, and the members of the com- time talking about disasters, so I will what could happen, and we have all mittee worked very hard to allocate not do that at this moment. We have been in classified briefings to under- the $40 billion that was given to us—$39 done enough talk. We funded FEMA. It stand what could happen. This bill billion—which was less than we got was a great victory for people who were helps protect all of our Federal agen- last year, in an appropriate way. It was looking for our help. cies and businesses except for Defense. less than we got last year, but the I wish to talk about what else the Defense protects themselves. Our bill needs are greater. Homeland Security bill does because it has to protect the homeland and the Drug trafficking is increasing in is not just responding to disasters, private sector, and we have a long way Mexico, not decreasing. The pressures which I am proud we took care of this to go—and not just big companies but on our southern border are increasing, morning. We also do a lot of other im- small companies have to be protected, not decreasing. The need to expedite portant work and fund a lot of other and we have to work in partnership our travelers faster through the screen- important entities in this bill, includ- with them. ing, both for commercial and vacation ing securing our borders—the whole Let me mention our TSA in aviation; travel, is increasing, not decreasing. border—the northern border, the south- we fund that. I also want to mention People think there is some kind of way ern border and ports of entry. I think this for Louisiana: Our fishermen have we can come to Washington and wave a we have over 125. People don’t realize had a terrible time. Maybe in Delaware magic wand and make all these needs this. They don’t see it as they do if and other places along the east coast go down. Actually, as the needs are they live in Missouri or in Kansas or and the west coast my colleagues will going up, we are flattening and cutting maybe even in Arkansas. They are not understand this. In the gulf, our fisher- budgets, which makes it very difficult. familiar with the borders along Texas men are trying to make a living in the My job—and I wish to get this point or how big they are, and Arizona. But middle of hurricanes and oilspills and, in—as an appropriator is made even it is a lot of land that has to be cov- in addition, we get crawfish and shrimp harder, because despite the good work ered, and it is the Federal Govern- dumped from places such as China and my ranking member has done on help- ment’s responsibility. It takes a tre- Vietnam. So we need money in this bill ing us to build this bill, as you know, mendous amount of money to secure to enforce those trade laws, and I the Republican caucus has been abso- this border, but our country wants us stepped up and significantly enhanced lutely unmovable on putting any new to do that. So we have invested in more that effort in this bill. I was proud to money on the table—from any source. border agents, in better technology, do it for the shrimping and fish indus- We have tried, and the President has and I am even trying to come up with tries in our country, and particularly tried, to raise revenues from people some very cost effective ways to im- along the gulf coast. So that is in this making over $1 million a year. Actu- prove the physical infrastructure of the bill as well. ally, you have to make over $1 million borders because not only do they serve I might mention the Secret Service, to pay this surcharge. We have been to protect our Nation from people who which we have to support, in addition unable to convince anyone on the other should not come in, but we also have to to the Coast Guard, Customs and Bor- side—or very few—we have had one or get a lot of things across our border, der Protection. There is a lot in our $40 two Republicans who have stood, and I such as all the commerce and traffic billion bill. am very proud of them—to say we have and vegetables and agricultural prod- Let me just make one other point. to put some more money on the table ucts and manufactured products that We have eliminated $204 million of re- as we continue to cut programs to our businesses depend on to have good scissions in, as I said, low-priority pro- close the deficit gap and make sure we trade with Canada and Mexico. grams. These were eliminated to spend have the basics covered. With NAFTA, which is a very impor- money on high-priority programs. We I think Senators MCCAIN and KYL tant trade foundation for our con- have reduced administrative funding think the basics are the border. They tinent, we just can’t close our borders by over $800 million, and we have re- may be right, and I have supported and shut them down. We have to keep duced the headquarters account by al- them. We have added 1,000 new Border them open. America, unlike every most $100 million. Patrol agents in the last year, but it other country in the world, is one of I am one to shave some of this money costs money. We have had to find that the only countries that both has to off of administration, but I can’t go money in this bill. So other things had fight hard for our security but also re- much further, and I will tell you why. to be reduced. I understand that. Busi- main open as a nation. This is a very This department is a hard department nesses do that all the time. But busi- hard thing to do. We have to have more to manage, and it can’t manage itself. nesses also need to sell more products research and technology, not less. We Secretary Napolitano must have the and bring in more money. Businesses have to have smarter border crossings, resources at the administrative level to

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8765 manage a department that is only 10 many other States. When people get would have prohibited Transportation years old, and that brings disparate hassled too much while traveling, they Security Administration employees agencies together to have them func- just stop going. Now, we can’t drive our from collective bargaining, and a pro- tion. cars everywhere we want to go. So vision that would have required TSA to We have seen what happens when we making flying a little easier once again reduce thousands of screeners and tran- don’t invest in management. We have for the public, yet still safe, is some- sition toward a private sector work seen what happens when we gut admin- thing I most certainly want to work force. istration. We had a weak shell of on. I am pleased that we were able to in- FEMA show up after Katrina and just Just a couple more comments and clude in the agreement provisions that about ruined our efforts for recovery. then I will close. will: facilitate maintaining or hiring We are never going to see that again. I want to commend the group in Lou- firefighters by local fire departments; So I am committed to funding the isiana at our Cyber Innovation Center. allow FEMA to waive recoupment re- FEMA administration and to funding They received—not out of this bill but quirements for disaster survivors who, the Department. We can cut, and we out of the Department—a very small through no fault of their own, received have made some cuts, but I am telling grant to help with the improvement on overpayments as much as 6 years ago; the other side we just can’t keep cut- training the workforce to be the cyber extend the National Flood Insurance ting the administration and then turn warriors we need them to be. We need Program through May 31, 2012; and ex- around and expect the same agencies to to do that in Delaware, we need to do tend the authorities of the Chemical ferret out fraud, waste, and abuse. We that in Louisiana, we need to do that Facility Anti-Terrorism Standards pro- need good managers to do that and so in Texas, and we need to do it every- gram for 1 year. The agreement also in- we must continue to fund them. where. cludes a provision that gives States the I am proud I was able to include $358 We are not educating and producing flexibility to use FEMA hazard mitiga- million for six Coast Guard Fast Re- the graduates we need to be the cyber tion grant funding to reimburse home- sponse Cutters. Those happened to be warriors of the future. We don’t want owners for storm mitigation work built in Louisiana—I am proud of to have our warrior force—as much as originally completed with a Small that—but the decision was made well we are proud to have legal immigrants Business Administration loan. This before I got to be chair of this com- in our country—outsourced to India or provision provides equity of benefits mittee for that construction. I am China or Japan, to have their Ph.D.s or among disaster survivors. proud to have funded that effort and to masters or degreed individuals come to The agreement includes funding for a give the Coast Guard the upgrade of do this work. We want to raise our own number of critical investments that equipment they need to do the work we to do this work, and we can do that. I will enhance the department’s capacity are asking them to do. Their work just am proud to support some of those ef- to respond to an evolving threat: continues to go up. They are a very forts in this bill. Coast Guard funding includes: $358 million popular part of our Federal Govern- Unfortunately, the tight spending for six Fast Response Cutters; $77 million for ment. I think everyone loves the Coast limits necessitated deep cuts in first long lead time material for the sixth Na- Guard. We are very fond of them in responder grant programs. While we tional Security Cutter; $25 million for devel- Louisiana because we depend on them were able to provide $354 million above opment and design of the Offshore Patrol for so many things, and I think their the House level for such grant pro- Cutter; $110 million for 40 Response Boat Me- fleet needs to be upgraded. grams, the final agreement cuts fund- diums; $129.5 million for two Maritime Pa- Some of these ships are built in other ing by 30 percent. I believe the Federal trol Aircraft, mission pallets, and spares; $18.3 million to replace a helicopter that States—some of their infrastructure is government has a responsibility to crashed in 2010; $15.2 in response to the gulf in other States—and I am proud to sup- work with and assist State and local coast oil spill, to enhance oil spill response port the Offshore Patrol Cutter. We in- first responders in developing their ca- capabilities, including 87 new positions; cluded $110 million for 40 response pabilities to mitigate, prevent, and re- $200.7 million for shore facility projects, in- boats; another $129 million for mari- spond to all disasters whether they are frastructure to support new assets, and mili- time patrol aircraft, mission pallets, natural disasters or terrorist attacks. tary housing; and $63.5 million for a new C– and spares; and we have $18 million to There are also significant cuts in 130J aircraft, by transfer from the Depart- replace a helicopter that crashed. I science and technology activities. ment of Defense. could recite some other things, but we While we were successful in mitigating Funding is included for the Transpor- have tried to do our best by the Coast the excessive cuts contained in the tation Security Administration for: 250 Guard, to upgrade the equipment they House bill by restoring $129 million, additional Advanced Imaging Tech- need to help us during this time. the agreement reduces spending by $160 nology machines with the capacity to We have also put in this bill—and I million below fiscal year 2011 levels. I protect people’s privacy; 145 new be- am very proud of this, and I hope the believe that the Department of Home- havior detection officers; 12 additional public will see some immediate im- land Security, like any successful busi- multi-modal Visible Intermodal Pre- provements—250 machines for addi- ness, must invest in science and tech- vention and Response, VIPR, teams; 20 tional advanced imaging technology. nology to address evolving threats and additional explosives detection canine We put in funding to pay for this so I intend to make this program a pri- teams; and 53 new positions to that people can get through those secu- ority going forward. strengthen international air cargo se- rity lines faster. We are losing a lot of To minimize these reductions, the curity. money as a nation with people stuck in agreement includes $204 million of re- The agreement provides resources to lines, and it is just slowing down our scissions of low priority programs, re- Customs and Border Protection to sup- productivity, which is important be- duces funding in administrative ac- port: 21,370 Border Patrol agents, sus- cause our businesses need people to counts by over $800 million and reduces taining the increased levels approved travel. Departmental headquarters accounts in the Fiscal Year 2010 Supplemental; Of course, being from a State that de- by $9 million. The agreement also pro- 21,186 CBP officers working at the ports pends on hospitality—our Presiding Of- vides for the orderly termination of the of entry, including 312 new officers and ficer just recently visited Louisiana, Office of Counternarcotics Enforce- additional canine teams; $5 million for and we are grateful to him and his fam- ment and the Office of Risk Manage- officer and agent integrity programs, ily for coming to spend some time with ment and Analysis, programs that are including polygraph testing; $5 million us. We would like everyone to come either redundant or poorly executed. to CBP to work within existing laws to and spend some time in Louisiana—La- During our negotiations with the increase collection of antidumping and fayette, Baton Rouge. I know the Pre- House, we were able to eliminate a countervailing duties and implement siding Officer had a great time and number of objectionable language rid- aggressive options to level the trade spent some time in hotels and res- ers, including three immigration provi- playing field for U.S. companies. taurants. sions that would have limited the De- The agreement provides $443 million New York depends a lot on tourism, partment’s authority to enforce our for cybersecurity efforts, an increase of as does Nevada and California, and immigration laws, a provision that $80 million above Fiscal Year 2011, of

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8766 CONGRESSIONAL RECORD — SENATE December 17, 2011 which $22.8 million is for cybersecurity We are not Luxembourg, with all due There is another topic I touched upon education and awareness. The increase respect to Luxembourg. We are the the other day; that is, the people-to- will continue efforts to combat the United States of America. What that people travel to Cuba. I kind of went cyber threat by reducing points of ac- means is that virtually every aspect of through these itineraries a couple days cess to Federal computer networks, en- our life is directly impacted by things ago that show basically what these hancing intrusion detection through that are happening sometimes halfway trips are all about is nothing more Einstein, and building a cybersecurity around the world. than tourism—just tourism. It is just workforce through education and One of the things that is always in people going to Cuba. training. our interest is the promotion of free- The reason why this is problematic is So it remains the responsibility of dom and democracy. It is one of the because it gives money to the Castro each generation to make the necessary things that sets us apart from other government. investments to secure our homeland. I nations. Our greatest export is the Today in the Miami Herald is a very take this responsibility seriously, and American example, the fact that people disturbing article. The article is from my members take it seriously as part look to this country and see it is pos- Juan Tamayo, who is a reporter who of our Homeland Security Committee. sible for people to have self-govern- writes for the El Nuevo Herald and We worked very hard to produce a good ment. Miami Herald: bill for the country. We are proud of I know self-government and this Re- Cuban dissidents have sent out photos and this bill. It is about $40 billion of their public sometimes look messy from the videos of a large police crackdown in the money. I hope they believe we are allo- outside looking in. As I tell people eastern town of Palma Soriano that left at cating it and spending it accordingly. least five government opponents with head often, if you saw the way some of your wounds, black eyes and other injuries. Mr. President, I look forward to the food is made, you wouldn’t eat it. I One photo of the Dec. 2 roundup of 46 dis- hearings we are going to have next think sometimes when you look at the sidents shows Henry Perales with two year on some important topics, and I political process and the lights that wounds on his shaved head that required will close by wishing you and the staff shine on it, there are some things nine stitches to close. Another shows and everyone here a merry Christmas about it and the process that I don’t AbrahanCQ Cabrera with one stitch on his and a happy and blessed holiday. forehead. like and you don’t like. But it is still ″ I yield the floor, and I suggest the ab- That wound bled a lot because it was on a better than virtually any other form of blood vessel, but it was a kick to the ribs on sence of a quorum. government that has ever existed on the right side that made me fall to the The PRESIDING OFFICER. The the Earth. We are all privileged and ground. . . . It still hurts,’’ Cabrera told El clerk will call the roll. blessed to be able to live in this Repub- Nuevo Herald by phone from Palma Soriano. The assistant legislative clerk pro- lic. Any time we have the opportunity The images were sent to the newspaper by ceeded to call the roll. to speak out on behalf of democracy Luis Enrique Ferrer Garcia, U.S. representa- Mr. RUBIO. Mr. President, I ask tive of the dissident Cuban Patriotic Union. and freedom, we should. unanimous consent that the order for His brother, former political prisoner Jose I had, this week, the opportunity to the quorum call be rescinded. Daniel Ferrer Garcia, heads the Union and engage on that issue, and I wish to pub- The PRESIDING OFFICER (Mr. was one of the men arrested in the Palma licly acknowledge the work of Under Soriano crackdown. PRYOR). Without objection, it is so or- Secretary Sherman, who has spent a Union members and supporters took two dered. lot of time talking to me this week weeks to smuggle out the photos and the vid- Mr. RUBIO. I ask unanimous consent eos, via emails, because they had to work to speak for up to 15 minutes. about Nicaragua and about elections in Nicaragua that were, in my opinion, slowly and carefully to avoid police agents The PRESIDING OFFICER. Without who were trying to find and seize the images, objection, it is so ordered. fraudulent and unfortunate because the Luis Enrique said. rest of the hemisphere is moving to- f The Palma Soriano roundup was one of the ward democracy, the rest of the hemi- largest and harshest police crackdowns on IMPACTS TO THE WESTERN sphere is moving toward free and fair dissidents in recent years. All were freed HEMISPHERE elections. In Latin America, sometimes hours or days later—one of them 12 days people whom we don’t agree with win later—without charges. Mr. RUBIO. It is a pleasure to be Forty-six men had gathered in a Palma here. This will be my last speech of the elections, people who don’t like us, who Soriano house starting on Nov. 30 with plans year. As I said yesterday in another believe the national interests of their to stage a street protest two days later to de- speech, it has been an extraordinary country are contrary to ours. But the mand the release of all political prisoners honor and privilege to serve in the Sen- people chose them. and respect for human rights. ate. I look forward to the next 5 years Unfortunately, what happened in Those sound like pretty reasonable of doing that, God willing. It is a phe- Nicaragua is grotesque. This person requests to me, release of political nomenal institution and I am proud to Daniel Ortega, who was a Sandinista, prisoners and respect of human rights. be a part of it, even though some days who was once a dictator of that coun- This is what they were going to protest make you scratch your head. try, basically has ignored the Constitu- on behalf of. I am here on two things before we tion and ran for office again. There Cell phone videos shot inside the house close out the year. I have a specific in- were extraordinary irregularities. The showed many of the dissidents saying they terest on items that impact the West- Carter Center, for example, wasn’t al- wanted to show they were not U.S. paid ern Hemisphere. lowed to come in and observe it. The ‘‘mercenaries,’’ as the government brands I wish to take this opportunity to say OAS has already talked about real them, but rather ‘‘defenders of human that one of the real treats of the last problems with that election and we rights.’’ year is being able to work with Senator The unidentified narrator of some of the hope to see their report soon. videos referred to the police already de- MENENDEZ on the Western Hemispheric Let me publicly acknowledge the ployed outside ‘‘and the repression that Committee. We share a lot of views in time and effort the Department of awaits us.’’ common, and even on the ones we don’t State spent talking to me on the phone So these protesters knew what was we have a very cooperative working re- about ensuring that the United States about to happen. They have seen this lationship. It has been a great experi- is a forceful voice on behalf of democ- before. This is what happens in Cuba ence working with him on that, and I racy and freedom in Nicaragua and in when you speak out in favor of human look forward to more of that next year the hemisphere. I appreciate their rights and against political prisoners. on that committee and with everyone work on that behalf, and I know we are You get your head cracked open. These on Foreign Relations. looking forward to the OAS’s report guys knew this was going to happen, I know there are a lot of big domestic fairly soon. but yet they had the bravery to go for- issues happening, but the things Senator MENENDEZ and I have filed a ward with it. around the world matter. They matter resolution in this institution that I Police indeed arrested the dissidents as a lot to us. I know when times are hope we will pass that recognizes the they left the house in groups of four and five, tough economically, sometimes we need for this country to stand firmly and a video taken from a second-story bal- wonder: Why should we care what is on the side of the Nicaraguan people on cony showed them punching some of the pro- happening halfway around the world? behalf of freedom and democracy. testers and forcing them onto a U.S.-styled

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8767 yellow school bus parked at the end of the paradise—and they travel there and will have the opportunity in our Sub- block. they leave money there. All these committee on the Western Hemisphere Cabrera said the bus driver, dressed in ci- trips, Cuba gets a huge take, and they and in this body and in our conversa- vilian clothes, hit him as well as Perales and use it to fund this repressive appa- tions with the White House and State several other dissidents with a wrench once inside the bus. ratus. Department to bring these programs As I said the other day, I understand into focus. This people-to-people pro- The bus driver hit them with a and I don’t have any false illusions gram is a sham. Maybe they are very wrench once they got inside the bus. that the President is going to change well intentioned but some of these Other photos show dissidents Misael his travel policy toward Cuba or this trips are nothing more than tourism Valdes Diaz and Alexis Yanch OiCQ with that plows millions of dollars into the black eyes and Emilio Dinza with a large people-to-people program. But at least bump on his forehead. Other dissidents re- make sure these programs are fur- hands of one of the most disgusting and ported black and blues from police strikes. thering what you say you are trying to grotesque, repressive apparatuses this Angel Moya, a former political prisoner further, which is bringing freedom and hemisphere has ever seen, and it has to who was reported beaten in a police station democracy to Cuba, instead of being a stop. Someone has to start cracking after his arrest in Palma Soriano Dec. 2, said source of hard currency and hard rev- down on these people, someone has to police punched him on the way from the enue. start cracking down on these agencies, house to the school bus but not afterwards. A few days ago, I denounced two spe- someone has to start cracking down on How nice of them not to punch him cific itineraries. I didn’t denounce 5 or these trips, and make sure they do afterwards. 10; I pointed out 2 of the most out- what they are intended to do, and that Moya said Friday that he spent 12 days in rageous ones on this floor in a speech I is real access to the ways of freedom, a police lockup, in a cell that was smelly and gave. Then I sent that to the State De- to the ways of opportunity, to opening had no water or lights and that he shared partment and said: Would you look at the eyes of the Cuban people to the fact with common criminals. this for me? They responded that they that the rest of the world does not live This is Cuba. I doubt this experience would. They told me they would send under what they live under—even is something these tourists traveling me a letter. In fact, in conversations I though most of the Cuban people al- on U.S. licenses are going to get to see had, they gave me great hope that in ready know that. on their next visit to Cuba. fact they too were troubled by these It is time we start holding these peo- The other day I talked about one of itineraries and that they would start to ple accountable. If they are filing these these visits that the United States has look at these more seriously. licenses under false pretenses, they licensed called Ethics and the Cuban Sadly, as a result of what they told need to be prosecuted, their licenses Revolution. How interesting—Ethics me—because one of the things that has need to be suspended. They have to be and the Cuban Revolution. been going on around here is I had barred from having these trips. We I wonder if part of that ethics course placed a hold on two nominations in have to have people actively moni- will be a part about schoolbus drivers the Western Hemisphere as a result of toring these itineraries that are being dressed as civilians hitting protesters their inaction on this issue. sold. We need to match their applica- with a wrench. I wonder if that is part After I spoke to them on the phone, tions for these licenses, and we need to of their itinerary. I wonder if the part I was hopeful about it and I lifted those stop approving licenses for these tour- about cracking people’s heads open be- holds. We were going to vote on those ist trips. cause they are going to peacefully pro- today. Then I got this letter today I hope we will make progress on that test in the street is part of the that, to summarize, basically says: in 2012 and I hope that is what we will itinerary in this Ethics and the Cuban Thank you for your letter, but we can’t focus on in the year to come. Revolution. I suggest the absence of a quorum. talk to you about it. The PRESIDING OFFICER. The Why do I bring this up again? No. 1, That is not what I expected to get, it is outrageous. It should be de- clerk will call the roll. and so we are going to hold those nomi- The legislative clerk proceeded to nounced, and this is a great forum to nations again until we take this seri- call the roll. do it because the world needs to know ously. Mr. SCHUMER. Mr. President, I ask what happens 90 miles from our shores. This is a problem. This is a problem. unanimous consent the order for the It is one of the most repressive regimes We have these companies in America quorum call be rescinded. in the Western Hemisphere’s history. It that are advertising tourism to Cuba— The PRESIDING OFFICER. Without is still in place. It is still ongoing. But tourism that is not just a source of ir- objection, it is so ordered. here is No. 2. Where do they get the ritation, it is a source of hard cur- f money to pay these people? Don’t you rency. It is the money this regime is think those guys are getting paid, the using to crack people’s heads, to pay BOARMAN NOMINATION civilian busdriver is getting paid to hit so-called busdrivers to beat people with Mr. SCHUMER. Mr. President, let me people with a wrench or do you think wrenches. It is the money they are wish you and your family and all those he is doing it for free? How are they using to stick people in jails with com- who work here a merry Christmas and paying these police officers? How do mon criminals, with no access to food happy new year. I hope God gives you you get people to do this stuff? You or water for 12 days, without charges. and your families a very good, out- have to pay them. Where do they get We are funding a repressive regime standing, happy, healthy new year. their money to pay them? through these practices, and it has to I wish to speak on William Their government is a fiasco. They stop. Someone better take this seri- Boarman’s appointment as Public don’t know anything about the econ- ously. When they take this seriously, Printer, which has been held up for a omy. Do you want to know why the then we can talk. year and a half, despite being reported Cuban economy is in the tank? It is be- I hope where we are headed here in out of the Rules Committee twice with cause the people who run Cuba are in- the coming year is that we will stand unanimous bipartisan support. Earlier competent. They have no idea about not just on the side of the Cuban peo- this year, because of the delays, he was what a modern economy looks like or ple’s desire for freedom and democ- appointed to the job on an interim how to create one, apart from the fact racy—no political prisoners, respect for basis by the President during a recess. that they cling to a broken ideology. human rights—but stand for that in During this year he has done an out- So where do they get the money to the hemisphere and the world, because standing job as Acting Public Printer. pay for all these things? Sadly, where our voice still matters, and I hope this It is extremely unfortunate that this they are getting a lot of the money to country will always stand firm on agency, which is so important to Con- pay for these things is from us. It is those issues. gress, to the private sector printing in- from people who live in this country Before I left today, I wanted to stand dustry, and to the country, will now be who are curious about what happens in on the floor and talk about this be- without an effective leader when Mr. Cuba, who are curious—and some who cause it is something very important Boarman’s recess appointment expires outright sympathize with this idea to me and should be important to our after we adjourn, unless this Senate that somehow Cuba is this socialist country. I hope in the coming year we confirms his nomination at last.

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8768 CONGRESSIONAL RECORD — SENATE December 17, 2011 He has moved quickly this year to point him. Delay in this confirmation about government. They had other make important financial and manage- has shown the confirmation process at things to do as juniors in high school. ment improvements at the Government its worst and we are now in danger of But they came back here in this envi- Printing Office. These include cutting losing this public servant whose work ronment, where they saw us wandering costs with a buyout of 15 percent of has produced the kinds of results we around and making speeches and vot- GPO’s workforce, which will save $33 want. ing and they got interested in reading million annually; greatly reducing I urge the Senate to confirm Mr. the newspapers and watching the news costs for overtime, travel, executive Boarman so that the GPO can continue more intently. My two granddaughters hires, and other discretionary costs; re- to make progress. now are both in France studying ducing GPO’s overhead expenses; and I yield the floor and suggest the ab- abroad. One is a junior at New York negotiating successfully with the sence of a quorum. University, the other is a senior at The unions, resulting in a zero increase in The PRESIDING OFFICER. The New School in New York. I mean it salaries. clerk will call the roll. when I say their lives were changed as I might add, perhaps he is being held The legislative clerk proceeded to a result of this program. I not only up because of his union background, call the roll. heard it from these two young women, but we have seen in his year as acting Ms. KLOBUCHAR. Mr. President, I my granddaughters, but I have heard it administrator that he has been fiscally ask unanimous consent that the order from their parents, about what a sig- extremely responsible and successful. for the quorum call be rescinded. nificant change it made. Maybe he is better at doing this than The PRESIDING OFFICER. Without As I said, we expect a lot of the other people would be. objection, it is so ordered. pages. They work long, hard hours, as He also has staff identifying nearly f do Senators and their staffs. So I want $30 million in outstanding payments them to know, speaking for every Sen- EXTENSION OF MORNING owed to the GPO by other Federal ator, the pages here are terrific. We ap- BUSINESS agencies and collecting almost $15 mil- preciate their work. It is a tradition lion of that in a few months. Ms. KLOBUCHAR. Mr. President, I that has been here for a long time, and Mr. Boarman ordered the first survey ask unanimous consent that morning I will do everything I can to protect ever of congressional offices on their business be extended until 3 p.m., with the pages and the work they do. need for printed copies of the CONGRES- Senators permitted to speak therein I thank them for their service and SIONAL RECORD, resulting in an 18-per- for up to 10 minutes each. wish them the very best of everything cent reduction in printed copies and The PRESIDING OFFICER. Without in their next endeavor. But I am con- more cost savings. objection, it is so ordered. fident, as with Mattie and Ryan, their Mr. Boarman has aggressively pushed Ms. KLOBUCHAR. Mr. President, I lives will have been changed as a result the GPO to extend electronic online suggest the absence of a quorum. of their being here. publishing and databases, as Congress The PRESIDING OFFICER. The f has asked. In short, he has already clerk will call the roll. demonstrated he is the kind of com- The assistant legislative clerk pro- UNANIMOUS CONSENT REQUEST— petent, committed, experienced leader ceeded to call the roll. EXECUTIVE CALENDAR GPO needs. Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- The fact that we have not cleared imous consent that the order for the imous consent that the Senate proceed this nomination is outrageous. The two quorum call be rescinded. to executive session to consider the fol- Republican Senators who had holds on The PRESIDING OFFICER (Mr. lowing nominations: this nomination, holds that had noth- UDALL of Colorado). Without objection, Calendar Nos. 67, 86, 108, 112, 258, 259, ing to do with concerns about Mr. it is so ordered. 260, 261, 262, 263, 264, 338, 339, 340, 344, Boarman but with other nonrelated f 345, 346, 403, 413, 421, 422, 450, 456, 494, nominations, finally released their 495, 496, 499, 500, 501, 502, 503, 504, 505, holds yesterday. Now, today, some new TRIBUTE TO PAGES 506, 507, 511, 512, 513, 514, 515, 516, 517, obstacle has arisen on the Republican Mr. REID. Mr. President, as we know, 518, 519, 520, 521, 522, 523, 524, 525, 526, side. We know it is not an objection to very clearly, today is Saturday. But 527, 529, 530, 531, 532, 533, 534, 535, 536, Mr. Boarman himself but we have run the Senate had some very important 537, 538, 539, 540, 541, 542, and 543. out of time. work to do today, so we stayed in ses- Of course, Mr. President, I am asking It is appalling when you get a public sion to present some issues to the unanimous consent that these numbers servant who cares about this govern- American public that were extremely I have just read—which all are human ment, in a nonpolitical place, the Gov- important. One was to make sure there beings—and all nominations be placed ernment Printing Office, who has done would be no tax increase on millions of on the Secretary’s desk; that the nomi- an excellent job by all accounts—cut- American families—in fact, 160 million. nations be confirmed en bloc; the mo- ting costs, what we on both sides of the We had a duty to be here, the Sen- tions to reconsider be considered made aisle want—and he gets held up. In- ators, but also other people had a duty and laid upon the table with no inter- stead of getting held up he should get to be here, and they are here. Four vening action or debate; that no fur- an award for the job he has done. Yet very dedicated pages are here today: ther motions be in order to any of the he is held up and caught in the politics Grace Mason, from Roanoke, VA; nominations; that any related state- once again. It is so indicative of the Kristina Biddle, from Hockessin, DE; ments be printed in the RECORD; the dysfunction of our government. It is Mitchell Bustillo, of Fort Worth, TX; President be immediately notified of bothersome when someone works so and Zach Schroeder, from Clarksville, the Senate’s action and the Senate hard and does a good job that his nomi- TN. then resume legislative session. nation can’t get through for secret, un- They didn’t have to be here. They The PRESIDING OFFICER. Is there disclosed—it is hard to even figure out could be home with their families dur- objection? what reason. ing this holiday season, as the other Mr. MCCONNELL. Reserving the I hope maybe before we leave today pages are. Instead, they stayed to help right to object, we are ready and will- my colleagues on the other side of the keep the Senate running smoothly. ing to move forward by consent with a aisle will look at Mr. Boarman’s They didn’t have to be asked. They vol- package of nominations, with positions record—look at the unanimous vote he unteered. both in the executive and judicial received in the Rules Committee; every We expect a lot of our pages, and I so branches; and just as soon as I receive Republican voted for him—and most of appreciate their work. I have had two confirmation from the administration all look at what he has done in the granddaughters who were pages—my that it will respect the practice and the Printing Office, and realizing without a two oldest grandchildren—and it actu- precedent on recess appointments, we leader many of these gains may be lost, ally changed their lives. I say that as can get those people confirmed. costing all of us and the taxpayers mil- seriously as I could say anything. Ryan I look forward to receiving this con- lions of dollars, and maybe we will ap- and Mattie were not interested much firmation from the administration so

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8769 we can go forward on this nominations No. 438; that the motion to reconsider Reserve of the Air Force to the grade indi- package, but not having received that be considered made and laid on the cated under title 10, U.S.C., section 12203 and yet, Mr. President, I object. table, with no intervening action or de- 12212: The PRESIDING OFFICER. Objec- bate; that no further motions be in To be brigadier general tion is heard. order; that any related statements be Col. John P. Currenti Mr. REID. Mr. President, I am dis- printed in the RECORD; that President The following named officers for appoint- appointed that my friend objected, but Obama be immediately notified of the ment in the United States Air Force to the I want the record to be spread with Senate’s action and the Senate then re- grade indicated under title 10, U.S.C., section 624: this: sume legislative session. We have done a good job on nomina- The PRESIDING OFFICER. Without To be brigadier general tions the last couple of months. Actu- objection, it is so ordered. Colonel John D. Bansemer ally, in the last 3 months, we have ac- Mr. REID. For everyone’s knowledge, Colonel David B. Been Colonel Michael T. Brewer complished quite a bit. But I am kind Mr. President, that is John Gerrard to Colonel Thomas A. Bussiere of reminded of my days of being a be a district judge for the District of Colonel Clinton E. Crosier younger man and running a foot race. I Nebraska. Colonel Albert M. Elton, II wasn’t fast enough for the short races, f Colonel Michael A. Fantini so I ran long races. But unless I started Colonel Timothy G. Fay EXECUTIVE SESSION fast, it was really hard to catch up. Colonel Edward A. Fienga That is my concern about these nomi- Colonel Steven D. Garland nations. We have started so slowly, I Colonel Thomas W. Geary EXECUTIVE CALENDAR Colonel Cedric D. George am not sure we can catch up. I hope we Colonel Blaine D. Holt can. Mr. REID. I ask unanimous consent that the Senate proceed to executive Colonel Scott A. Howell Mr. MCCONNELL. Mr. President, I session to consider the following nomi- Colonel Ronald L. Huntley will say that there will be nominations Colonel Allen J. Jamerson we will be able to work our way nations: Calendar Nos. 421, 503, 529, 530, Colonel James C. Johnson through, but as I indicated, the par- 531, 532, 533, 534, 535, with the exception Colonel Mark D. Kelly ticular package the majority leader of COL Bradley D. Spacy; then 536, 537, Colonel Scott A. Kindsvater just proffered as it is currently con- 538, 539, 540, and all nominations placed Colonel Donald E. Kirkland Colonel Bruce H. McClintock stituted will not be able to go forward on the Secretary’s desk; that the nomi- nations be confirmed en bloc; that the Colonel Martha A. Meeker because of our inability to receive from Colonel John E. Michel the administration the assurances that motions to reconsider be considered made and laid upon the table with no Colonel Charles L. Moore, Jr. have been routinely given at this point Colonel Gregory S. Otey with regard to recess appointments. intervening action or debate; that no Colonel John T. Quintas Mr. REID. Mr. President, I suggest further motions be in order to any of Colonel Michael D. Rothstein the absence of a quorum. the nominations; that any related Colonel Kevin B. Schneider The PRESIDING OFFICER. The statements be printed in the Record; Colonel Scott F. Smith Colonel Ferdinand B. Stoss clerk will call the roll. that President Obama be immediately notified of the Senate’s action and the Colonel Jacqueline D. Van Ovost The legislative clerk proceeded to Colonel James C. Vechery call the roll. Senate then resume legislative session. The PRESIDING OFFICER. Without Colonel Christoher P. Weggeman Mr. REID. Mr. President, I ask unan- Colonel Kevin B. Wooton imous consent that the order for the objection, it is so ordered. Colonel Sarah E. Zabel The nominations considered and con- quorum call be rescinded. IN THE ARMY firmed are as follows: The PRESIDING OFFICER. Without The following named officer for appoint- objection, it is so ordered. DEPARTMENT OF STATE ment in the United States Army to the grade f Joyce A. Barr, of Washington, a Career indicated under title 10, U.S.C., section 624: Member of the Senior Foreign Service, Class To be major general UNANIMOUS CONSENT AGREE- of Minister-Counselor, to be Assistant Sec- Brig. Gen. Michael J. Lally, III MENT—EXECUTIVE CALENDAR retary of State (Administration). Michael Anthony McFaul, of California, to The following named officers for appoint- Mr. REID. As in executive session, I be Ambassador Extraordinary and Pleni- ment in the United States Army to the grade ask unanimous consent that the nomi- potentiary of the United States of America indicated under title 10, U.S.C., section 624: nations received by the Senate during to the Russian Federation. To be brigadier general the 112th Congress, 1st session, remain DEPARTMENT OF DEFENSE Colonel John W. Baker as status quo notwithstanding rule Brad Carson, of Oklahoma, to be General Colonel Margaret W. Burcham XXXI, paragraph 6 of the Standing Counsel of the Department of the Army. Colonel Richard D. Clarke, Jr. Rules of the Senate, with the following Michael A. Sheehan, of New Jersey, to be Colonel Roger L. Cloutier, Jr. exceptions: Calendar Nos. 43, 67, 112, an Assistant Secretary of Defense. Colonel Timothy R. Coffin Colonel Peggy C. Combs 185, 413, Presidential nominee 2, Presi- IN THE AIR FORCE Colonel Bruce T. Crawford dential nominee 14, Presidential nomi- The following named officer for appoint- Colonel Jason T. Evans nee 95, Presidential nominee 96, Presi- ment in the Reserve of the Air Force to the Colonel Stephen E. Farmen dential nominee 158, Presidential nomi- grade indicated under title 10, U.S.C., section Colonel John G. Ferrari nee 317, and Presidential nominee 653. 12203: Colonel Kimberly Field The PRESIDING OFFICER. Without To be brigadier general Colonel Duane A. Gamble objection, it is so ordered. Col. Merle D. Hart Colonel Ryan F. Gonsalves Colonel Wayne W. Grigsby, Jr. The following named officer for appoint- f Colonel Steven R. Grove ment in the United States Air Force to the Colonel William B. Hickman UNANIMOUS CONSENT AGREE- grade indicated while assigned to a position Colonel Christoher P. Hughes MENT—EXECUTIVE CALENDAR of importance and responsibility under title Colonel Daniel P. Hughes 10, U.S.C., section 601: Mr. REID. Mr. President, I ask unan- Colonel Daniel L. Karbler imous consent that on Monday, Janu- To be lieutenant general Colonel Ronald F. Lewis ary 23, 2012, at 4:00 p.m., the Senate Lt. Gen. Frank Gorenc Colonel James B. Linder proceed to executive session to con- The following named officer for appoint- Colonel Michael D. Lundy sider Calendar No. 438; that there be 90 ment in the Reserve of the Air Force to the Colonel David K. MacEwen minutes for debate—60 minutes divided grade indicated under title 10, U.S.C., section Colonel Todd B. McCaffrey in the usual form and 30 minutes under 12203: Colonel Paul M. Nakasone Colonel Paul A. Ostrowski To be brigadier general the control of Senator SESSIONS; that Colonel Laura J. Richardson upon the use or yielding back of time, Col. Brian E. Dominguez Colonel Steven A. Shapiro the Senate proceed to vote without in- The following Air National Guard of the Colonel James E. Simpson tervening action or debate on Calendar United States officer for appointment in the Colonel Mark R. Stammer

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8770 CONGRESSIONAL RECORD — SENATE December 17, 2011 Colonel Michael C. Wehr VILLINES, which nominations were received the Congressional Record of November 8, Colonel Eric P. Wendt by the Senate and appeared in the Congres- 2011. The following named officer for appoint- sional Record of November 30, 2011. Mr. LEAHY. Mr. President, with the ment in the United States Army to the grade PN1155 ARMY nomination of Genevieve L. conclusion of the first session of the indicated under title 10, U.S.C., section 624: Costello, which was received by the Senate 112th Congress, the Senate Republican and appeared in the Congressional Record of To be major general leadership has cost us the opportunity November 30, 2011. Brig. Gen. Lynn A. Collyar PN1156 ARMY nominations (2) beginning to take long overdue steps to address The following named officer for appoint- ROBERT J. NEWSOM, and ending RICHARD the serious vacancies crisis on Federal ment in the United States Army to the grade Y. YOON, which nominations were received courts throughout the country. With indicated while assigned to a position of im- by the Senate and appeared in the Congres- one out of every ten Federal judgeships portance and responsibility under title 10, sional Record of November 30, 2011. vacant we can and should be doing all U.S.C., section 601: PN1157 ARMY nominations (2) beginning that we can to consider and confirm ju- To be lieutenant general RICHARD A. DANIELS, and ending STE- dicial nominations without unneces- PHEN M. LANGLOIS, which nominations Maj. Gen. Mary A. Legere were received by the Senate and appeared in sary delays. Regrettably, Senate Re- The following named officer for appoint- the Congressional Record of November 30, publicans have chosen instead to con- ment to the grade indicated in the Army 2011. tinue their tactics of unexplained delay Nurse Corps under title 10, U.S.C., sections PN1158 ARMY nominations (2) beginning and obstruction and to repeat their 3064 and 3069(b): ARTHUR E. RABENHORST, and ending damaging decision at the end of last To be major general STEVEN J. SVABEK, which nominations year to refuse to consent to votes on Col. Jimmie O. Keenan were received by the Senate and appeared in even consensus judicial nominations. the Congressional Record of November 30, NOMINATIONS PLACED ON THE SECRETARY’S Such delaying tactics are a disservice 2011. DESK PN1159 ARMY nomination of Harvey D. to the American people. The Senate IN THE AIR FORCE Hudson, which was received by the Senate should fulfill its constitutional duty PN1093 AIR FORCE nominations (14) begin- and appeared in the Congressional Record of and ensure the ability of our Federal ning CHRISTINE L. BLICEBAUM, and end- November 30, 2011. courts to provide justice to Americans ing ABNER PERRY V. VALENZUELA, PN1160 ARMY nomination of William H. around the country. which nominations were received by the Sen- Carothers, which was received by the Senate There are 21 judicial nominees await- ate and appeared in the Congressional and appeared in the Congressional Record of ing final Senate action, all but two of Record of November 1, 2011. November 30, 2011. them reported with significant bipar- PN1178 ARMY nominations (95) beginning PN1097 AIR FORCE nominations (16) begin- tisan support, 16 of them unanimously. ning JOEL O. ALMOSARA, and ending AN- TODD S. ALBRIGHT, and ending D001765, NETTE J. WILLIAMSON, which nomina- which nominations were received by the Sen- That means nearly every judicial nom- tions were received by the Senate and ap- ate and appeared in the Congressional ination can and should be confirmed peared in the Congressional Record of No- Record of December 5, 2011. before the Senate adjourns. Yet, the vember 1, 2011. PN1179 ARMY nominations (21) beginning Senate’s Republican leadership is re- PN1145 AIR FORCE nominations (99) begin- LARRINGTON R. CONNELL, and ending RI- peating the terrible practice at the end ning KEITH ALLEN ALLBRITTEN, and end- CARDO J. VENDRELL, which nominations of last year in which 19 judicial nomi- ing GREGORY S. WOODROW, which nomina- were received by the Senate and appeared in the Congressional Record of December 5, nees were blocked by Republicans and tions were received by the Senate and ap- stalled at the end of the year. It then peared in the Congressional Record of No- 2011. vember 30, 2011. FOREIGN SERVICE took until June to take action on 17 of those nominees. PN1146 AIR FORCE nominations (4) begin- PN969 FOREIGN SERVICE nominations ning CHRISTON MICHAEL GIBB, and ending (151) beginning John Ross Beyrle, and ending The recent filibuster of the D.C. Cir- THAD M. REDDICK, which nominations Daniel J. Weber, which nominations were re- cuit nomination of Caitlin Halligan, a were received by the Senate and appeared in ceived by the Senate and appeared in the highly-regarded appellate advocate the Congressional Record of November 30, Congressional Record of September 15, 2011. with the kind of impeccable credentials 2011. PN1005 FOREIGN SERVICE nominations in both public service and private prac- IN THE ARMY (201) beginning Timothy M. Bashor, and end- tice that make her unquestionably PN1147 ARMY nominations (4) beginning ing Rafaela Zuidema, which nominations qualified to serve on the D.C. Circuit, MICHAEL S. FUNK, and ending JOHN W. were received by the Senate and appeared in set a new and damaging standard. By the Congressional Record of October 3, 2011. RUEGER, which nominations were received refusing to consent to votes on con- NATIONAL OCEANIC AND ATMOSPHERIC by the Senate and appeared in the Congres- sensus nominees before the end of the sional Record of November 30, 2011. ADMINISTRATION session, Senate Republicans are setting PN1148 ARMY nominations (2) beginning PN1176 NATIONAL OCEANIC AND AT- JARROD W. HUDSON, and ending CHARLES MOSPHERIC ADMINISTRATION nomina- another damaging standard that will B. WAGENBLAST, which nominations were tions (16) beginning Benjamin M. Lacour, make it difficult for future Presidents received by the Senate and appeared in the and ending Brian D. Prestcott, which nomi- of either party to fill judicial vacan- Congressional Record of November 30, 2011. nations were received by the Senate and ap- cies. PN1149 ARMY nomination of Kari L. peared in the Congressional Record of De- I am speaking about the kinds of Crawford, which was received by the Senate cember 5, 2011. qualified, consensus nominees who in and appeared in the Congressional Record of IN THE NAVY past years would have been considered November 30, 2011. PN1150 ARMY nominations (3) beginning PN916 NAVY nomination of Andrew K. and confirmed by the Senate within HENRY H. BEAULIEU, and ending ERIC K. Ledford, which was received by the Senate days of being reported with the support LITTLE, which nominations were received and appeared in the Congressional Record of of every Democrat and every Repub- by the Senate and appeared in the Congres- September 6, 2011. lican on the Judiciary Committee. Yet, sional Record of November 30, 2011. PN1161 NAVY nomination of Matthew R. due to Republican refusal to give con- Loe, which was received by the Senate and PN1151 ARMY nominations (246) beginning sent, it will take many months for the DONALD B. ABSHER, and ending IRENE M. appeared in the Congressional Record of No- vember 30, 2011. Senate to confirm them to start serv- ZOPPI, which nominations were received by ing on the Federal bench. Meanwhile, the Senate and appeared in the Congres- PN1162 NAVY nomination of Thomas P. sional Record of November 30, 2011. English, which was received by the Senate millions of Americans who are served PN1152 ARMY nominations (61) beginning and appeared in the Congressional Record of by the Federal courts in those districts JAMES S. ARANYI, and ending MARK A. November 30, 2011. and circuits are left with overburdened PN1163 NAVY nominations (46) beginning YOUNG, which nominations were received by courts and unneceesary delays in hav- RICHARD A. ACKERMAN, and ending the Senate and appeared in the Congres- ADAM I. ZAKER, which nominations were ing their cases determined. sional Record of November 30, 2011. All of these consensus nominees have PN1153 ARMY nominations (166) beginning received by the Senate and appeared in the Congressional Record of November 30, 2011. been through an extensive evaluation MITCHELL J. ABEL, and ending THOMAS process before being reported to the M. ZUBIK, which nominations were received PUBLIC HEALTH SERVICE by the Senate and appeared in the Congres- PN1112 PUBLIC HEALTH SERVICE nomi- Senate for final approval. Senator sional Record of November 30, 2011. nations (178) beginning Jose G. Bal, and end- GRASSLEY and I have ensured all of PN1154 ARMY nominations (2) beginning ing Kendra J. Vieira, which nominations these nominees were fully considered NANCY L. DAVIS, and ending SHEILA were received by the Senate and appeared in by the Judiciary Committee after a

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8771 thorough, fair process, including com- tended when they filibustered the nom- were ready for final Senate action at pleting our extensive questionnaire and ination last week of Caitlin Halligan to the end of last year. That was an abu- questioning at a hearing. Before each the D.C. Circuit, they would not have sive exercise in unnecessary delay that of these nominees was selected by the blocked us from voting to confirm con- I believe was without precedent with President, the White House worked sensus nominees to fill judicial emer- respect to such consensus nominees. In with the nominees’ home state Sen- gency vacancies. They would have con- contrast, Democratic Senators pro- ators who support them, the FBI com- sented to consider the nomination of ceeded to up or down votes on all 100 of pleted an extensive background review, Judge Adalberto Jordan of Florida President Bush’s judicial nominations and each nominee was reviewed by the which was reported unanimously on reported by the Judiciary Committee American Bar Association’s Standing October to fill a judicial emergency va- during his first two years in office, and Committee on the Federal Judiciary. cancy on the Eleventh Circuit. He is a all 100 were confirmed before the end of When the nominations have been ap- well-respected Federal judge and his the 107th Congress. proved by the Judiciary Committee nomination is strongly supported by I had hoped and urged that such dam- after this thorough process, there is no Florida’s Republican Senator, Mr. aging obstruction not be repeated. I reason for the Senate failing to vote on RUBIO. Yet, despite the judicial emer- had urged that before we adjourned the them before the end of the session. gency Republicans continue to delay Senate at least consider the 18 judicial It is wrong to dismiss the delays re- consideration of that nomination. If nominees voted on by the Judiciary sulting from the Senate Republicans’ they were really concerned with case- Committee who are by any measure obstruction as merely political tit for loads, they would have consented to consensus nominees. With vacancies tat. This is a new and damaging tactic move forward to confirm Judge Jac- continuing at harmfully high levels, Senate Republicans have devised. They queline Nguyen of California, a well- the American people and our Federal are stalling action on noncontroversial qualified nominee to fill a judicial courts cannot afford these unnecessary nominees. Meanwhile, millions of emergency vacancy on the Ninth Cir- and damaging delays. It took until Americans across the country who are cuit, the busiest Federal appeals court June of this year, halfway into 2011, to harmed by delays in overburdened in the country, with judges called upon consider and confirm 17 of the nomina- courts bear the cost of this obstruc- to handle double the caseload of the tions that could and should have been tion. Nearly half of all Americans live other Federal circuit courts. Her nomi- considered before the end of 2010. Yet in districts or circuits that have a judi- nation was reported unanimously by Senate Republicans are employing the cial vacancy that could be filled today the Judiciary Committee and needs same destructive tactics. if Senate Republicans just agreed to only a final vote by the Senate. Judge For the second year in a row, Repub- vote on the nominations now pending Nguyen is nominated to fill the judi- licans have rejected the Senate’s tradi- on the Senate Executive Calendar. It is cial emergency vacancy that remains tional longstanding practice of consid- wrong to delay votes on these quali- after the Republican filibuster of Good- ering all of the consensus nominations fied, consensus judicial nominees. The win Liu. before the end of the Senate session, Senate should be helping to fill these If they cared about caseloads, they setting a standard that before they did multiple, extended judicial vacancies should also have consented to votes on it last year was without precedent. We before adjourning. the nominations of David Nuffer to the consented to consider all of the con- Our courts need qualified Federal District of Utah, Michael Fitzgerald to sensus nominations at the end of Presi- judges, not vacancies, if they are to re- the Central District of California, dent Reagan’s third year in office and duce the excessive wait times that bur- Gregg Costa to the Southern District President George H.W. Bush’s third den litigants seeking their day in of Texas, and David Guaderrama to the year in office, when no judicial nomi- court. It is unacceptable for hard- Western District of Texas, all nomina- nations were left pending on the Sen- working Americans who are seeking tions to fill judicial emergency vacan- ate Calendar. That is what we did at their day in court to suffer unneces- cies. Instead, those vacancies will not the end of the 1995 session, President sary delays. When an injured plaintiff be filled for several more months. Clinton’s third year in office, when sues to help cover the cost of his or her If Republican Senators were con- only a single nomination was left pend- medical expenses, that plaintiff should cerned about ensuring that our courts ing on the Senate calendar. not have to wait for three years before have the judges they need to admin- That is also what we did at the end of a judge hears the case. When two small ister justice for the American people, President George W. Bush’s third year. business owners disagree over a con- they would not have refused consent Although some judicial nominations tract, they should not have to wait for the Senate to consider these con- were left pending, they were among the years for a court to resolve their dis- sensus judicial nominees. The secret most controversial, extreme and ideo- pute. holds and obstructive blocks remind logical of President Bush’s nominees. With almost one in nine Federal me of the Republican pocket filibusters They had previously been debated ex- judgeships currently vacant, the Sen- that blocked more than 60 of President tensively by the Senate. The standard ate should have come together to ad- Clinton’s judicial nominations from then was that noncontroversial judicial dress the serious judicial vacancies cri- Senate consideration. When I became nominees reported by the Judiciary sis on Federal courts around the coun- Chairman in 2001 and made the Com- Committee were confirmed by the Sen- try. Bill Robinson, the president of the mittee blue slip process public for the ate before the end of the year. That is American Bar Association, warned re- first time and worked to confirm 100 the standard we should have followed cently in a letter to Senate leaders judicial nominees of a conservative Re- this year. Had we done so, another 18 that excessive vacancies and high case- publican President in 17 months, I judges would have been confirmed. loads ‘‘deprive . . . our federal courts hoped we had gotten past these par- The Senate remains far behind where of the capacity to deliver timely jus- tisan tactics. I am disappointed after we should be in considering President tice in civil matters and has real con- working for more than a decade to re- Obama’s judicial nominations. Nearly 3 sequences for the financial well-being store transparency and fairness to the years into his first term, the Senate of businesses and for individual liti- process of considering judicial nomina- has confirmed a lower percentage of gants whose lives are put on hold pend- tions that we see the Senate Repub- President Obama’s judicial nominees ing resolution of their disputes.’’ Jus- licans again using anonymous holds to than those of any President in the last tice Scalia, Justice Kennedy and Chief block progress at filling judicial vacan- 35 years. The Senate has confirmed just Justice Roberts have also warned of cies. over 70 percent of President Obama’s the serious problems created by per- The actions of the Senate Republican circuit and district nominees, with sistent judicial vacancies. This is an leadership today to block action on 18 more than one in four not confirmed. issue affecting hardworking Americans qualified, consensus judicial nomina- In stark contrast, the Senate con- who are denied justice when their cases tions mirrors their action last year firmed nearly 87 percent of President are delayed by overburdened courts. when they stalled consideration of 19 George W. Bush’s nominees, nearly 9 If caseloads were really a concern of judicial nominations that had been re- out of every 10 nominees he sent to the Republican Senators, as they con- ported by the Judiciary Committee and Senate over two terms. That was a

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8772 CONGRESSIONAL RECORD — SENATE December 17, 2011 higher percentage of judicial nominees fied, consensus judicial nominations seat on what is not just another appeals confirmed than President Clinton they have stalled. This cycle of unnec- court. The D.C. Circuit is not just a federal achieved and is far higher than Presi- essary delays must end. court but a national one, with jurisdiction over federal regulatory initiatives and ha- dent Obama’s nominees. EXHIBIT 1 beas corpus appeals by Guantanamo detain- Despite Senate Democrats joining [From the New York Times, Dec. 14, 2011] ees. Next month, it will hear a potential Senate Republicans in confirming a ROCK BOTTOM landmark case on the constitutionality of high percentage of President Bush’s ju- (By Linda Greenhouse) the Voting Rights Act. Its caseload may not dicial nominees, Republican Senators be huge, but its cases tend to be dense, tough Now that another highly qualified judicial and vitally important. continue to point to the handful of nominee has been left as road kill, the ques- President Bush’s nominees who were When pressed on their treatment of Ms. tion is how much lower can the confirmation Halligan, Republicans typically invoke not confirmed to justify their across process sink. President George W. Bush’s two nominees the board delays and obstruction of I’m referring to the defeat, by filibuster, whom the Democrats blocked from the D.C. President Obama’s nominees. During last week of Caitlin J. Halligan, President Circuit, Peter D. Keisler and Miguel A. their filibuster last week of Caitlin Obama’s nominee to the United States Court Estrada, both highly qualified and both Halligan, President Obama’s first of Appeals for the District of Columbia Cir- prominent conservatives. (The classy Mr. nominee to fill the 9th seat on the D.C. cuit. I last wrote about Ms. Halligan back in Estrada wrote to the Judiciary Committee in April, at which point her nomination had Circuit, we heard several Republicans support of Ms. Halligan, as did two dozen been pending for more than six months. Now other members of leading law firms.) seek to justify the misguided filibuster it’s dead, on a nearly party-line vote, the But it seems to me that this tit-for-tat by pointing to the fact that Peter Democratic leadership having fallen six goes only so far. President Bush succeeded in Keisler was not confirmed to fill the votes short of the 60 needed to invoke clo- putting four decidedly conservative nomi- 11th seat on that same court. Their se- ture. nees on the D.C. Circuit. Three remain there lective recollection omits that the Sen- The only Republican to break ranks was today: Janice Rogers Brown, Thomas B. Grif- ate did confirm four of President Senator Lisa Murkowski of Alaska, who won fith, and Brett M. Kavanaugh. the fourth was reelection as a write-in candidate and so Bush’s D.C. Circuit nominees, twice John G. Roberts Jr. It was his seat, which owes nothing to her Republican bosses. No Chief Justice Roberts vacated on Sept. 29, filling the 10th seat and once the 11th. such independence was shown by the two Re- 2005, to which Ms. Halligan was nominated. In her recent column on the New publican senators from Maine, Olympia J. True, the Republicans didn’t get everything York Times website, Linda Greenhouse Snowe and Susan Collins, so-called mod- they wanted. But they seem determined to wrote about how low the judicial con- erates whose efforts to explain their votes make sure that President Obama gets noth- firmation process has sunk with the against permitting Ms. Caitlin’s nomination ing. Caitlin Halligan filibuster and the dis- to come to a vote (a simple majority would Across the federal judiciary, confirmation parate treatment of President Obama’s have approved it) were so contorted as to be has been proceeding at a slow crawl. This week, the Judiciary Committee held a sched- nominees. She wrote: barely comprehensible. (Senator Collins mumbled something about needing to shrink uled confirmation hearing that could have But it seems to me that this tit-for-tat goes the appeals court, failing to note that the accommodated five nominees. But because only so far. President Bush succeeded in put- Republicans invoked no such workload-re- Republican senators claimed not to be fin- ting four decidedly conservative nominees on lated compunctions when they filled not ished reading the F.B.I. files of four of the the D.C. Circuit. Three remain there today: only the ninth seat, to which Ms. Halligan nominees, only one, Paul J. Watford, nomi- Janice Rogers Brown, Thomas B. Griffith, was nominated, but the tenth as well. There nated for the Ninth Circuit, was able to ap- and Brett M. Kavanaugh. The fourth was are now three vacancies on the 11-member pear for his hearing. Nominees who clear the John G. Roberts Jr. It was his seat, which court.) committee without opposition have to wait Chief Justice Roberts vacated on Sept. 29, Back in May, Senator Murkowski was also months for a floor vote because the Repub- 2005, to which Ms. Halligan was nominated. the only Republican to vote to end the fili- licans won’t agree to a speedier schedule. Of True, the Republicans didn’t get everything buster against Goodwin Liu, whom President 21 nominees now awaiting floor votes, 18 had they wanted. But they seem determined to Obama had nominated to the United States no committee opposition, but only a handful, make sure that President Obama gets noth- Court of Appeals for the Ninth Circuit, in at most, will get a vote before the Senate re- ing. San Francisco. (Now Justice Liu, the former cesses for the year. I ask unanimous consent that a copy Berkeley law professor may have the last Just when news on the judicial front could of Ms. Greenhouse’s column be printed laugh; Gov. Jerry Brown promptly named not get more discouraging, I came across something truly bizarre, a position paper by in the RECORD at the conclusion of my him to the California Supreme Court.) At 41, Mr. Liu, a Rhodes scholar and former Su- the new front-runner among Republican remarks. presidential candidates, Newt Gingrich. The PRESIDING OFFICER. Without preme Court law clerk, is a leading progres- sive legal scholar of his generation. Al- Under the title ‘‘Bringing the Courts Back objection, if it so ordered. though the Republicans came up with other Under the Constitution,’’ Mr. Gingrich (See exhibit 1.) rationales for opposing him, including his launches a 28–page attack on ‘‘lawless Mr. LEAHY. Mr. President, we re- Senate Judiciary Committee testimony six judges’’ who need to be reined in ‘‘if we are going to retain American freedoms and main well behind the pace set by the years ago against the Supreme Court con- American identity.’’ firmation of Samuel A. Alito Jr., the actual Senate during President Bush’s first The document, he writes, ‘‘serves as polit- term. By the end of his first term, the reason was that they couldn’t stand the ical notice to the public and to the legisla- Senate had confirmed 205 district and thought of a young, super smart, energetic tive and judicial branches that a Gingrich circuit nominees, had already con- liberal sitting on the appeals court, in the administration will reject the theory of judi- firmed 168 by this point in his third launch position to become the first Asian- cial supremacy and will reject passivity as a American on the Supreme Court. year, and had lowered judicial vacan- response to Supreme Court rulings that ig- Mr. Liu is a friend of mine. I applauded his nore executive and legislative concerns and cies to 46. In contrast, the Senate has nomination and was distressed at its fate. confirmed only 124 of President which seek to institute policy changes that But since I don’t believe that judges are sim- more properly rest with Congress.’’ By re- Obama’s district and circuit nominees, ply umpires who call balls and strikes, I get jecting passivity, Mr. Gingrich means im- leaving judicial vacancies at more than the role of ideology in evaluating judicial peaching judges for ‘‘unconstitutional’’ rul- 80. The vacancy rate remains nearly nominees. What I don’t get is what happened ings or, failing to muster the two-thirds ma- double what it had been reduced to by to Ms.Halligan, whom I’ve met only once or jority necessary for impeachment, simply this point in the Bush administration. twice. She has no ideological markings other abolishing their positions. than those that identify her with the main- Senate action on the 18 consensus judi- Much of the document is a grab bag of long stream of the New York legal establishment, familiar right-wing talking points (Judges cial nominations pending before the within which, following a clerkship with Jus- who acknowledge foreign law? A threat to Senate as it ends it session would have tice Stephen G. Breyer, she has made a spec- ‘‘American sovereignty!’’) It is also just gone a long way to helping resolve the tacularly successful career in both the public plain sloppy, misspelling Justice Ruth Bader longstanding judicial vacancies that and private sectors. She was solicitor gen- Ginsburg’s name throughout. But truly head- are delaying justice for so many Amer- eral of New York State; head of the appellate spinning is the tenuous hold that this screed, icans in our Federal courts across the practice at a major law firm; and is now gen- from a onetime history professor, has on country. eral counsel to the Manhattan district attor- American history. ney. She has argued before the Supreme Mr. Gingrich writes that the contemporary When the Senate returns in January, Court five times. Her 45th birthday was Dec. ‘‘power grab by the Supreme Court’’ is a I hope that Senate Republicans will 14. ‘‘modern phenomenon and a dramatic break abandon these destructive practices This was not a fight over ideology. It was from all previous American history.’’ (Any- and join with us to confirm the quali- an effort to keep the president from filling a one remember the court’s response to the

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8773 New Deal?) Rebuking the court for sub- The disproportionate strain this war times this year to talk about the tragic stituting its will for that of Congress is placed on our servicemembers and events of that day—the barbaric crack- downright strange, given that it is the Re- their families has been enormous—at down that ensued and that continues publicans who have run to the federal courts, times almost unbearable—in back-to- today. imploring judges to strike down the Congres- sionally enacted Affordable Care Act. back deployments, in post-traumatic Last December, after decades of mis- Perhaps strangest of all is Mr. Gingrich’s stress, lost loved ones, and debilitating rule by Belarusian strongman Alex- attack on Cooper v. Aaron, the court’s cele- injuries. ander Lukashenko, there was a glim- brated response to the Little Rock school Many are living with life-changing mer of hope that perhaps this last dic- crisis of 1958. The unanimous opinion, signed injuries. tator of Europe would ease his authori- individually by all nine justices for empha- Nearly 4,500 American service men tarian regime and finally allow the sis, held that Arkansas and all other states and women have paid the ultimate Belarusian people to freely choose were bound by the court’s interpretation of price for their country, including 116 their own President in an honest and the equal protection guarantee four years brave men and women from Illinois. earlier in Brown v. Board of Education. Coo- open election. per v. Aaron was, as Justice Breyer writes in Another 1,100 Illinoisans have been Tragically, those hopes were quickly his recent book, ‘‘Making Our Democracy wounded physically—just some of the dashed when Lukashenko claimed an- Work,’’ essential in its time and part of the tens of thousands nationwide. Untold other term as President amid elections ‘‘hard-earned victory for the rule of law’’ numbers still suffer from post-trau- described by international monitors as that the Little Rock story became. Newt matic stress and traumatic brain inju- seriously flawed. Gingrich is unmoved. Cooper v. Aaron’s as- ries. Lukashenko ordered his police sertion of the Supreme Court’s authority, he And many brave civilians in our For- force—incredibly still called the KGB— writes, was ‘‘factually and historically eign Service and NGO and contractor to brutally suppress opposition can- false.’’ Thinking back to Ms. Halligan’s failed communities also suffered death and didates, activists, and supporters who nomination, I actually don’t disagree with injury. gathered in protest on election night in everything in Mr. Gingrich’s manifesto. Four Incredibly, more than 1.5 million Independence Square in downtown words in boldface type on page 20 caught my Americans served in Iraq. It has cost Minsk. attention: ‘‘Electing the right Senators.’’ the country almost $1 trillion—consid- Most of the political opponents who f erably more when we factor in the ran against him, along with hundreds long-term costs related to the war. of their followers, were arrested. Those LEGISLATIVE SESSION But even as we bring our military de- with suspected ties to democratic par- The PRESIDING OFFICER. The Sen- ployment in Iraq to a close, it is impor- ties and groups, human rights organi- ate will resume legislative session. tant to remember that two critical zations, and what remains of the inde- f commitments remain. pendent media in Belarus were tar- The first is the commitment to our IRAQ WAR AND BELARUSIAN geted by the KGB for months after- men and women in uniform. They have ELECTION CRACKDOWN ward. sacrificed so much for the Nation they I visited Belarus just weeks following Mr. DURBIN. Mr. President, I rise to love—sometimes everything—and we the so-called elections. I met with comment on the U.S. war in Iraq, will not retreat from the sacred pledge many of the family members of the which thankfully is coming to an end we make to each and every service- jailed activists. Their stories were this month. Secretary of Defense Leon member to provide for their needs and heartbreaking. Missing fathers, moth- Panetta made this historic declaration for the needs of their loved ones. ers, sons, and brothers—locked away in on Thursday at a formal ceremony in As President Obama said this week: a Belarusian jail for the crime of run- Baghdad. In America, our commitment to those who ning for public office or peaceably pro- This means many things to many fight for our freedom and our ideals doesn’t testing a rigged election. people, but I am certain that it can’t end when our troops take off the uniform. Too often those detained were tor- mean more than to the families of the The second is the enduring political tured and denied basic legal rights. brave men and women who will be com- commitment that the United States But that wasn’t enough for ing home for the holidays—home from continues to make to Iraq as a partner Lukashenko. Iraq for good. To those men and women and ally and to the Iraqi people. Iraq Families of the detained were also I would like to say: We are proud of has also paid a high price—over 10,000 harassed and Lukashenko even had the what you have accomplished—you de- Iraqi soldiers and police lost their lives temerity to try to seize the 3-year-old posed a dictator and gave the people of in the war, and over 100,000 civilians. son of two activists he had imprisoned Iraq a singular opportunity to chart And Iraq still faces significant leader- on bogus charges. their own future. ship and governance challenges on the Listening to these heart-wrenching And to the families of these brave path to a stable and peaceful future. stories, I couldn’t believe that such So- servicemembers, thank you for the Yet, ultimately much of this future viet-era tactics were still being used in loneliness and longing that you en- will depend on Iraqis and their political Europe today. dured while your loved ones were away. leadership. We have given them a Lukashenko’s actions this past year And to those whose loved ones did not unique—a historic—opportunity to have pulled the country into isolation return, one can hardly imagine your govern themselves with tolerance, and made it the subject of inter- loss. openness, and freedom. national scorn. The United States has been at war in We have done that with the precious Our Nation has joined efforts with Iraq for almost 9 years. President blood and treasure of our Nation. the European Union to toughen sanc- Obama made a promise to bring this We hope that in the end Iraq will fol- tions on Belarus, including freezing the war to a close—and I am proud to say low this path—that it will be an ally to travel and assets of Lukashenko and he delivered on that promise. the United States and a responsible his enablers and henchmen. Tens of thousands of troops have democratic voice in the region. I worked with Senators LIEBERMAN, handed over security responsibilities to Through Foreign Service Officers at CARDIN, MCCAIN, KIRK, and others ear- their Iraqi counterparts. The U.S. Em- our Embassy, USAID projects around lier this year to introduce S. Res. 105, bassy in Baghdad will take the leading the country, or U.S. foreign assist- which passed unanimously, con- role, continuing our engagement ance—America will continue to stand demning the sham elections and call- through diplomatic channels. Our re- with our Iraqi allies in the years ahead. ing on the Belarusian regime to release maining 4,000 troops will be home by Mr. President, amid this hopeful all political prisoners. the end of the year. news that the Iraq war is over, I want The resolution also called for new Whether you voted for or against the to also mention the 1-year anniversary elections in Belarus that meet inter- initial authorization for war—and I of a brutal election crackdown last De- national standards, supported the was one of the 23 to vote against it—we cember 19 in Belarus. tightening of sanctions against the can all agree that its toll has been I, Senator LIEBERMAN, and others Belarusian state-owned oil and petro- higher than many could have imagined. have come to the floor a number of chemical company, and urged the

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8774 CONGRESSIONAL RECORD — SENATE December 17, 2011 International Ice Hockey Federation to Today families are struggling be- MESSAGES FROM THE HOUSE suspend the 2014 Ice Hockey Champion- cause of lost jobs and high costs. Ex- At 9:02 a.m., a message from the ship in Minsk until all Belarusian po- tending expiring tax incentives will House of Representatives, delivered by litical prisoners are released. help many American families get Mrs. Cole, one of its reading clerks, an- Let me add that former National through these tough times. nounced that the House has passed the Hockey League Hall of Famer and EU For example, with the rising cost of a following joint resolution, in which it Parliamentarian Peter Stastny; chair higher education, families need help to requests the concurrence of the Senate: of the House Hockey Caucus, Rep- cover their costs. The Tax Code in- H.J. Res. 95. Joint resolution making fur- resentative MIKE QUIGLEY; and I wrote cludes a tuition deduction to assist col- ther continuing appropriations for fiscal to International Ice Hockey Federation lege students with the rising cost of year 2012, and for other purposes. President Rene´ Fasel urging him not to tuition. In 2009, about 2.4 million fami- give the dictatorial Lukashenko re- lies took this much needed benefit. At 12:08 p.m., a message from the gime the prestige afforded by the Also expiring is a provision that House of Representatives, delivered by World Ice Hockey Championship while gives tax relief to the people that we Mrs. Cole, one of its reading clerks, an- political prisoners continue to languish trust with America’s future, our chil- nounced that the House has passed the in his KGB prisons. dren. Many teachers dedicated their following bill, in which it requests the So far the federation has ignored this lives to educating our young people. To concurrence of the Senate: commonsense appeal. Today, a year after the election further this endeavor, teachers take H.R. 3672. An act making appropriations for disaster relief requirements for the fiscal crackdown, at least 60 candidates and/ money from their own pockets to buy supplies for the classroom. Many do year ending September 30, 2012, and for other or activists remain imprisoned or face purposes. harsh restrictions on their freedoms, not get much help with these costs. The message further announced that including limits on their travel, the The least we can do is provide a little the House agrees to the amendment of ability to work in certain professions, tax relief. This bill would extend the the Senate to the bill (H.R. 1892) to au- and to freely participate in the polit- teacher expense deduction. Over 3.8 thorize appropriations for fiscal year ical process. million families took this deduction in For example, Presidential candidate 2009. 2012 for intelligence and intelligence- Andrei Sannikov remains in a KGB There are also several provisions ex- related activities of the United States jail. His family—which is granted only piring that benefit American busi- Government, the Community Manage- sporadic contact with him—suspects nesses. Without the tax incentives, ment Account, and the Central Intel- that he has been tortured and pres- businesses will have less certainty and ligence Agency Retirement and Dis- sured to sign a letter asking for par- fewer tools to compete in the global ability System, and for other purposes. don. arena. This will further hamper job ENROLLED JOINT RESOLUTION SIGNED Mikalai Statkevich, Zmitser creation and growth. At 2:45 p.m., a message from the Dashkevich, Eduard Lobau, Paval One such incentive is the research House of Representatives, delivered by Seviarynets, and Zmitser and development credit. The provision one of its reading clerks, announced Bandarenka—just to name a few—are rewards companies that strive to cre- that the Speaker has signed the fol- also still in jail for their participation ate new and improved products and lowing enrolled joint resolution: in demonstrations during and after the services by performing research and de- H.J. Res. 95. Joint resolution making fur- December elections. velopment. The extension of the R&D ther continuing appropriations for fiscal I hope the Ice Hockey Federation’s credit is essential to American busi- year 2012, and for other purposes. corporate sponsors for the Minsk nesses being competitive in the global The enrolled joint resolution was championship also recognize the poten- market. The extension of the R&D subsequently signed by the acting tial stain to their image by sponsoring credit will boost America’s economy President pro tempore (Mr. REID). this event while Lukashenko continues and create good-paying jobs. f to imprison and torture these innocent There are also several provisions ex- MEASURES REFERRED people. piring that incentivize businesses to in- On the 1-year anniversary of the bru- vest in alternative fuel sources. For ex- The following bills were read the first tal crackdown we must not forget the ample, the dollar-per-gallon credit for and the second times by unanimous Belarusian people and those detained biodiesel and renewable diesel helps consent, and referred as indicated: who only wished to exercise their basic move us to a cleaner and more energy H.R. 886. An act to require the Secretary of rights of free speech and expression. independent future. the Treasury to mint coins in commemora- That is why I am pleased to see that These are just a few of the provisions tion of the 225th anniversary of the estab- just this week the Senate passed the lishment of the Nation’s first Federal law en- Belarus Democracy and Human Rights that must be renewed each year. Mem- forcement agency, the United States Mar- Act of 2011, which I hope the House will bers on both sides of the aisle worked shals Service; to the Committee on Banking, do as well before we break for recess. hard to extend these and many other Housing, and Urban Affairs. Through legislation such as this and provisions before the end of the year. H.R. 2594. An act to prohibit operators of unwavering pressure on the We must continue to work to get these civil aircraft of the United States from par- provisions extended so that American ticipating in the European Union’s emissions Lukashenko regime to open its polit- trading scheme, and for other purposes; to ical system, the people of the United businesses and families can continue to receive these tax incentives. We must the Committee on Commerce, Science, and States will continue to stand by the Transportation. Belarusian people and support them in not keep people in limbo. That is one of H.R. 3237. An act to amend the SOAR Act their efforts to bring justice to their the very first and highest priorities we by clarifying the scope of coverage of the country. have when we come back in session in Act; to the Committee on Health, Education, January. Labor, and Pensions. f I have been working with ranking f EXPIRING TAX PROVISIONS member Hatch for more than a year MEASURES READ THE FIRST TIME Mr. BAUCUS. Mr. President, in only now on broad-based, fundamental tax two weeks, many critical tax incen- reform. That reform is much needed The following bills were read the first tives will expire. These provisions are and long overdue. A bedrock principle time: vitally important to many families and for reform is to increase the certainty H.R. 440. An act to provide for the estab- businesses. Once again, Congress is that Americans have in what their tax lishment of the Special Envoy to Promote leaving town without taking care of laws will be from year to year. So we Religious Freedom of Religious Minorities in business. Once again, Congress is cre- will work hard to eliminate temporary the Near East and South Central Asia. H.R. 3012. An act to amend the Immigra- ating uncertainty. During these tough provisions that are dependent on the tion and Nationality Act to eliminate the economic times, uncertainty in the tax whim of Congress at the end of each per-country numerical limitation for em- arena is the last thing that Americans year for renewal. In the interim, it is ployment-based immigrants, to increase the need. time to extend these provisions. per-country numerical limitation for family-

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8775 sponsored immigrants, and for other pur- SUBMISSION OF CONCURRENT AND sor of S. 1866, a bill to provide incen- poses. SENATE RESOLUTIONS tives for economic growth, and for other purposes. f The following concurrent resolutions and Senate resolutions were read, and f REPORTS OF COMMITTEES referred (or acted upon), as indicated: SUBMITTED RESOLUTIONS The following reports of committees By Mr. WHITEHOUSE (for himself, Mr. were submitted: REED, Mr. AKAKA, Mr. ALEXANDER, Ms. AYOTTE, Mr. BARRASSO, Mr. BAU- By Mr. INOUYE, from the Committee on SENATE RESOLUTION 349—COM- Appropriations: CUS, Mr. BEGICH, Mr. BENNET, Mr. Special Report entitled ‘‘Further Revised BINGAMAN, Mr. BLUMENTHAL, Mr. MEMORATING AND HONORING Allocation to Subcommittees of Budget To- BLUNT, Mr. BOOZMAN, Mrs. BOXER, THE SERVICE AND SACRIFICE OF tals for Fiscal Year 2012’’ (Rept. No. 112–102). Mr. BROWN of Massachusetts, Mr. MEMBERS OF THE UNITED BROWN of Ohio, Mr. BURR, Ms. CANT- STATES ARMED FORCES AND f WELL, Mr. CARDIN, Mr. CARPER, Mr. THEIR FAMILIES AS THE OFFI- CASEY, Mr. CHAMBLISS, Mr. COATS, EXECUTIVE REPORTS OF CIAL COMBAT MISSION IN IRAQ Mr. COBURN, Mr. COCHRAN, Ms. COL- DRAWS TO A CLOSE COMMITTEE LINS, Mr. CONRAD, Mr. COONS, Mr. The following executive reports of CORKER, Mr. CORNYN, Mr. CRAPO, Mr. Mr. WHITEHOUSE (for himself, Mr. DEMINT, Mr. DURBIN, Mr. ENZI, Mrs. nominations were submitted: REED of Rhode Island, Mr. AKAKA, Mr. FEINSTEIN, Mr. FRANKEN, Mrs. GILLI- ALEXANDER, Ms. AYOTTE, Mr. BAR- By Mr. BAUCUS for the Committee on Fi- BRAND, Mr. GRAHAM, Mr. GRASSLEY, RASSO, Mr. BAUCUS, Mr. BEGICH, Mr. nance. Mrs. HAGAN, Mr. HARKIN, Mr. HATCH, BENNET, Mr. BINGAMAN, Mr. *Kathleen Kerrigan, of Massachusetts, to Mr. HELLER, Mr. HOEVEN, Mrs. LUMENTHAL LUNT OOZMAN be a Judge of the United States Tax Court HUTCHISON, Mr. INHOFE, Mr. INOUYE, B , Mr. B , Mr. B , for the term of fifteen years. Mr. ISAKSON, Mr. JOHANNS, Mr. JOHN- Mrs. BOXER, Mr. BROWN of Massachu- *Mary John Miller, of Maryland, to be an SON of Wisconsin, Mr. JOHNSON of setts, Mr. BROWN of Ohio, Mr. BURR, Under Secretary of the Treasury. South Dakota, Mr. KERRY, Mr. KIRK, Ms. CANTWELL, Mr. CARDIN, Mr. CAR- *Henry J. Aaron, of the District of Colum- Ms. KLOBUCHAR, Mr. KOHL, Mr. KYL, PER, Mr. CASEY, Mr. CHAMBLISS, Mr. bia, to be a Member of the Social Security Ms. LANDRIEU, Mr. LAUTENBERG, Mr. COATS, Mr. COBURN, Mr. COCHRAN, Ms. Advisory Board for a term expiring Sep- LEAHY, Mr. LEE, Mr. LEVIN, Mr. LIE- COLLINS, Mr. CONRAD, Mr. COONS, Mr. tember 30, 2014. BERMAN, Mr. LUGAR, Mr. MANCHIN, CORKER, Mr. CORNYN, Mr. CRAPO, Mr. *Alastair M. Fitzpayne, of Maryland, to be Mr. MCCAIN, Mrs. MCCASKILL, Mr. E INT URBIN NZI a Deputy Under Secretary of the Treasury. MCCONNELL, Mr. MENENDEZ, Mr. D M , Mr. D , Mr. E , Mrs. *Nomination was reported with rec- MERKLEY, Ms. MIKULSKI, Mr. MORAN, FEINSTEIN, Mr. FRANKEN, Mrs. GILLI- ommendation that it be confirmed sub- Ms. MURKOWSKI, Mrs. MURRAY, Mr. BRAND, Mr. GRAHAM, Mr. GRASSLEY, ject to the nominee’s commitment to NELSON of Nebraska, Mr. NELSON of Mrs. HAGAN, Mr. HARKIN, Mr. HATCH, Florida, Mr. PAUL, Mr. PORTMAN, Mr. respond to requests to appear and tes- Mr. HELLER, Mr. HOEVEN, Mrs. PRYOR, Mr. REID, Mr. RISCH, Mr. ROB- tify before any duly constituted com- HUTCHISON, Mr. INHOFE, Mr. INOUYE, ERTS, Mr. ROCKEFELLER, Mr. RUBIO, Mr. ISAKSON, Mr. JOHANNS, Mr. JOHN- mittee of the Senate. Mr. SANDERS, Mr. SCHUMER, Mr. SES- SON of Wisconsin, Mr. JOHNSON of SIONS, Mrs. SHAHEEN, Mr. SHELBY, f ERRY IRK Ms. SNOWE, Ms. STABENOW, Mr. South Dakota, Mr. K , Mr. K , Ms. KLOBUCHAR, Mr. KOHL, Mr. KYL, INTRODUCTION OF BILLS AND TESTER, Mr. THUNE, Mr. TOOMEY, Mr. UDALL of Colorado, Mr. UDALL of New Ms. LANDRIEU, Mr. LAUTENBERG, Mr. JOINT RESOLUTIONS Mexico, Mr. VITTER, Mr. WARNER, Mr. LEAHY, Mr. LEE, Mr. LEVIN, Mr. LIE- The following bills and joint resolu- WEBB, Mr. WICKER, and Mr. WYDEN): BERMAN, Mr. LUGAR, Mr. MANCHIN, Mr. tions were introduced, read the first S. Res. 349. A resolution commemorating MCCAIN, Mrs. MCCASKILL, Mr. MCCON- and second times by unanimous con- and honoring the service and sacrifice of NELL, Mr. MENENDEZ, Mr. MERKLEY, members of the United States Armed Forces sent, and referred as indicated: Ms. MIKULSKI, Mr. MORAN, Ms. MUR- and their families as the official combat mis- By Mr. BENNET (for himself and Mr. sion in Iraq draws to a close; considered and KOWSKI, Mrs. MURRAY, Mr. NELSON of BOOZMAN): agreed to. Nebraska, Mr. NELSON of Florida, Mr. S. 2027. A bill to improve microfinance and By Mr. LEE: PAUL, Mr. PORTMAN, Mr. PRYOR, Mr. microenterprise, and for other purposes; to S. Res. 350. A resolution expressing the REID of Nevada, Mr. RISCH, Mr. ROB- the Committee on Foreign Relations. sense of the Senate regarding the recent ERTS, Mr. ROCKEFELLER, Mr. RUBIO, Mr. By Mr. BROWN of Ohio (for himself, presidential election in the Democratic Re- SANDERS, Mr. SCHUMER, Mr. SESSIONS, Mr. CASEY, and Ms. STABENOW): public of the Congo; to the Committee on Mrs. SHAHEEN, Mr. SHELBY, Ms. SNOWE, S. 2028. A bill to amend titles 23 and 49, Foreign Relations. Ms. STABENOW, Mr. TESTER, Mr. THUNE, United States Code, to ensure that transpor- By Ms. MURKOWSKI (for herself and OOMEY DALL tation and infrastructure projects carried Mr. BEGICH): Mr. T , Mr. U of Colorado, out using Federal financial assistance are S. Res. 351. A resolution recognizing the Mr. UDALL of New Mexico, Mr. VITTER, constructed with steel, iron, and manufac- accomplishments and commemorating the Mr. WARNER, Mr. WEBB, Mr. WICKER, tured goods that are produced in the United numerous achievements and contributions of and Mr. WYDEN) submitted the fol- States, and for other purposes; to the Com- the Alaska Native people over the past 40 lowing resolution; which was consid- mittee on Commerce, Science, and Transpor- years; considered and agreed to. ered and agreed to: tation. By Mr. WYDEN (for himself, Mr. f S. RES. 349 MORAN, and Ms. CANTWELL): ADDITIONAL COSPONSORS Whereas nearly 1,500,000 members of the S. 2029. A bill to amend the Tariff Act of United States Armed Forces served in Iraq, 1930 to deter unfair imports that infringe S. 1265 many serving on multiple deployments; United States intellectual property rights, At the request of Mr. COONS, his Whereas the members of the United States and for other purposes; to the Committee on name was added as a cosponsor of S. Armed Forces who served in support of oper- Finance. 1265, a bill to amend the Land and ations in Iraq performed brilliantly in a By Mr. MENENDEZ: Water Conservation Fund Act of 1965 to highly complex and challenging environ- S. 2030. A bill to provide protection for con- ment, and did everything that was asked of sumers who have prepaid cards, and for other provide consistent and reliable author- them and more to meet the requirements of purposes; to the Committee on Banking, ity for, and for the funding of, the land the mission; Housing, and Urban Affairs. and water conservation fund to maxi- Whereas thousands of members of the Na- By Mr. BROWN of Ohio (for himself mize the effectiveness of the fund for tional Guard and Reserves left their civilian and Mr. PORTMAN): future generations, and for other pur- jobs and livelihoods to support operations in S. 2031. A bill to make funds available for poses. Iraq, making enormous contributions, and the American centrifuge project research, serving with distinction; S. 1866 development, and demonstration program of Whereas nearly 4,500 members of the the Department of Energy, with an offset; to At the request of Mr. RUBIO, the United States Armed Forces made the ulti- the Committee on Energy and Natural Re- name of the Senator from Arkansas mate sacrifice in giving their lives in sup- sources. (Mr. BOOZMAN) was added as a cospon- port of operations in Iraq;

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8776 CONGRESSIONAL RECORD — SENATE December 17, 2011 Whereas more than 30,000 members of the SENATE RESOLUTION 351—RECOG- SA 1467. Mr. REID (for Mr. BURR) proposed United States Armed Forces were wounded NIZING THE ACCOMPLISHMENTS an amendment to the bill S. 1959, to require serving in support of operations in Iraq; AND COMMEMORATING THE NU- a report on the designation of the Haqqani Whereas families of the members of the MEROUS ACHIEVEMENTS AND Network as a foreign terrorist organization and for other purposes. United States Armed Forces serving in Iraq CONTRIBUTIONS OF THE ALASKA endured repeated deployments and spent NATIVE PEOPLE OVER THE PAST f many holidays, birthdays, and anniversaries 40 YEARS TEXT OF AMENDMENTS apart; Whereas, after nearly nine years of com- Ms. MURKOWSKI (for herself and SA 1465. Mr. REID (for himself and bat, we welcome home our veterans and con- Mr. BEGICH) submitted the following Mr. MCCONNELL) proposed an amend- tinue to support members of the United resolution; which was considered and ment to the bill H.R. 3630, to extend States Armed Forces deployed in Afghani- agreed to: the payroll tax holiday, unemployment stan and elsewhere in the world; S. RES. 351 compensation, Medicare physician pay- Whereas Iraq’s destiny and future develop- Whereas on December 18, 1971, Public Law ment, provide for the consideration of ment now lie with its people; and 92–203 (43 U.S.C. 1601 et seq.) was enacted to the Keystone XL pipeline, and for Whereas the people of the United States settle long-standing issues of Alaska Native other purposes; as follows: recognize the service and sacrifices made by aboriginal land claims; those members of the United States Armed Strike all after the enacting clause and in- Whereas the pioneering work of Alaska Na- sert the following: Forces and veterans, as well as their fami- tive leaders has created a lasting legacy of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. lies: Now, therefore, be it professional and personal success; Whereas Alaska Native people have pros- (a) SHORT TITLE.—This Act may be cited as Resolved, That the Senate— the ‘‘Temporary Payroll Tax Cut Continu- (1) pays tribute to the members of the pered from their own initiative and innova- tive approaches to fostering economic devel- ation Act of 2011’’. United States Armed Forces who served in (b) TABLE OF CONTENTS.—The table of con- opment through self-determination; support of operations in Iraq; tents of this Act is as follows: Whereas Alaska Natives have produced a (2) calls on the people of the United States significant number of educated Alaska Na- Sec. 1. Short title; table of contents. to reflect on the service of those members of tives who now serve in positions of leader- TITLE I—TEMPORARY PAYROLL TAX the United States Armed Forces, veterans, ship in the State of Alaska and beyond; RELIEF and their families, and honor their sacrifices; Whereas Alaska Native people have risen Sec. 101. Extension of payroll tax holiday. and to the challenge of independently and pro- TITLE II—TEMPORARY EXTENSION OF (3) commemorates and honors the con- ductively managing their aboriginal land, UNEMPLOYMENT COMPENSATION PRO- tributions made by members of the United which has fostered sustainable businesses VISIONS States Armed Forces and their families, as and created employment opportunities for the official combat mission in Iraq draws to the people of the United States, both across Sec. 201. Temporary extension of unemploy- a close. the country and globally; ment compensation provisions. Whereas Alaska Native people continue to Sec. 202. Extended unemployment benefits serve in positions of leadership in the State under the Railroad Unemploy- of Alaska and beyond; ment Insurance Act. SENATE RESOLUTION 350—EX- Whereas the dedication and enthusiasm of TITLE III—TEMPORARY EXTENSION OF PRESSING THE SENSE OF THE the next generation of Alaska Native leaders HEALTH PROVISIONS SENATE REGARDING THE RE- honors the previous generation of Alaska Na- Sec. 301. Medicare physician payment up- CENT PRESIDENTIAL ELECTION tive leaders who worked diligently to date. IN THE DEMOCRATIC REPUBLIC achieve the most significant Native land set- Sec. 302. 2-month extension of MMA section tlement in the history of the United States; OF THE CONGO 508 reclassifications. Whereas the next generation of Alaska Na- Sec. 303. Extension of Medicare work geo- Mr. LEE submitted the following res- tive people will continue to make positive graphic adjustment floor. changes in the world around them through Sec. 304. Extension of exceptions process for olution; which was referred to the acquired leadership skills, cultural advo- Medicare therapy caps. Committee on Foreign Relations: cacy, and community engagement; Sec. 305. Extension of payment for technical Whereas the people of the United States component of certain physician S. RES. 350 have reason to commemorate the economic pathology services. Resolved, That it is the sense of the Senate and political contributions of Alaska Native Sec. 306. Extension of ambulance add-ons. that— people; and Sec. 307. Extension of physician fee schedule (1) all political leaders in the Democratic Whereas the people of the United States mental health add-on payment. Republic of the Congo and the supporters of have reason to honor the tremendous edu- Sec. 308. Extension of outpatient hold harm- cational, social, political, economic, and cul- less provision. those leaders should act responsibly, re- tural achievements of the Alaska Native peo- Sec. 309. Extending minimum payment for nounce violence, and resolve any disagree- ple over the past 40 years: Now, therefore, be bone mass measurement. ments regarding the presidential election of it Sec. 310. Extension of the qualifying indi- November 2011 through peaceful, construc- Resolved, That the Senate— vidual (QI) program. tive dialogue and existing legal remedies; (1) recognizes December 18, 2011, as the 40th Sec. 311. Extension of Transitional Medical (2) the authorities of the Democratic Re- anniversary of the original enactment of the Assistance (TMA). public of the Congo should conduct a rapid Alaska Native Claims Settlement Act (Pub- Sec. 312. Extension of the temporary assist- technical review of the electoral process to— lic Law 92–203; 43 U.S.C. 1601 et seq.); ance for needy families pro- (A) investigate the cause of any voting (2) recognizes the significant educational, gram. irregularities; economic, political, and cultural contribu- TITLE IV—MORTGAGE FEES AND (B) suggest ways in which governance tions of the Alaska Native people over the PREMIUMS past 40 years; and could be structured to give better effect to Sec. 401. Guarantee Fees. (3) encourages the people of the United the will of the people of the Democratic Re- Sec. 402. FHA guarantee fees. public of the Congo; and States to participate in activities that show TITLE V—OTHER PROVISIONS (C) provide guidance for future elections; support for the success of the Native people (3) the authorities of the Democratic Re- and tribes of the State of Alaska. Subtitle A—Keystone XL Pipeline public of the Congo should complete the f Sec. 501. Permit for Keystone XL pipeline. electoral process with maximum openness AMENDMENTS SUBMITTED AND Subtitle B—Budgetary Provisions and transparency; and PROPOSED Sec. 511. Senate point of order against an (4) the United States Government should emergency designation. engage with other governments in Central SA 1465. Mr. REID (for himself and Mr. Sec. 512. PAYGO scorecard estimates. Africa and ask those governments to reach MCCONNELL) proposed an amendment to the bill H.R. 3630, to extend the payroll tax holi- TITLE I—TEMPORARY PAYROLL TAX out to President Joseph Kabila and opposi- RELIEF tion candidate Etienne Tshisekedi to encour- day, unemployment compensation, Medicare SEC. 101. EXTENSION OF PAYROLL TAX HOLIDAY. age the 2 leaders to embrace a peaceful solu- physician payment, provide for the consider- (a) IN GENERAL.—Subsection (c) of section tion to the potential impasse facing the ation of the Keystone XL pipeline, and for other purposes. 601 of the Tax Relief, Unemployment Insur- Democratic Republic of the Congo. SA 1466. Mr. REID (for himself and Mr. ance Reauthorization, and Job Creation Act MCCONNELL) proposed an amendment to the of 2010 (26 U.S.C. 1401 note) is amended to bill H.R. 3630, supra. read as follows:

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8777

‘‘(c) PAYROLL TAX HOLIDAY PERIOD.—The (B) in the heading for subsection (b)(2), by conversion factor established in paragraph term ‘payroll tax holiday period’ means— striking ‘‘JANUARY 3, 2012’’ and inserting (1)(C) that would otherwise apply for the pe- ‘‘(1) in the case of the tax described in sub- ‘‘MARCH 6, 2012’’; and riod beginning on January 1, 2012, and ending section (a)(1), calendar years 2011 and 2012, (C) in subsection (b)(3), by striking ‘‘June on February 29, 2012, the update to the single and 9, 2012’’ and inserting ‘‘August 15, 2012’’. conversion factor shall be zero percent. ‘‘(2) in the case of the taxes described in (2) Section 2005 of the Assistance for Unem- ‘‘(B) NO EFFECT ON COMPUTATION OF CON- subsection (a)(2), the period beginning Janu- ployed Workers and Struggling Families VERSION FACTOR FOR REMAINING PORTION OF ary 1, 2011, and ending February 29, 2012.’’. Act, as contained in Public Law 111–5 (26 2012 AND SUBSEQUENT YEARS.—The conversion (b) SPECIAL RULES FOR 2012.—Section 601 of U.S.C. 3304 note; 123 Stat. 444), is amended— factor under this subsection shall be com- such Act (26 U.S.C. 1401 note) is amended by (A) by striking ‘‘January 4, 2012’’ each puted under paragraph (1)(A) for the period adding at the end the following new sub- place it appears and inserting ‘‘March 7, beginning on March 1, 2012, and ending on section: 2012’’; and December 31, 2012, and for 2013 and subse- ‘‘(f) SPECIAL RULES FOR 2012.— (B) in subsection (c), by striking ‘‘June 11, quent years as if subparagraph (A) had never ‘‘(1) LIMITATION ON WAGES AND SELF-EM- 2012’’ and inserting ‘‘August 15, 2012’’. applied.’’. PLOYMENT INCOME.—In the case of— (3) Section 5 of the Unemployment Com- SEC. 302. 2-MONTH EXTENSION OF MMA SECTION ‘‘(A) any taxable year beginning in 2012, pensation Extension Act of 2008 (Public Law 508 RECLASSIFICATIONS. subsection (a)(1) shall only apply with re- 110–449; 26 U.S.C. 3304 note) is amended by (a) IN GENERAL.—Section 106(a) of division spect to so much of the taxpayer’s self-em- striking ‘‘June 10, 2012’’ and inserting ‘‘Au- B of the Tax Relief and Health Care Act of ployment income (as defined in section gust 15, 2012’’. 2006 (42 U.S.C. 1395 note), as amended by sec- 1402(b) of the Internal Revenue Code of 1986) (4) Section 203 of the Federal-State Ex- tion 117 of the Medicare, Medicaid, and as does not exceed the excess (if any) of— tended Unemployment Compensation Act of SCHIP Extension Act of 2007 (Public Law ‘‘(i) $18,350, over 1970 (26 U.S.C. 3304 note) is amended— 110–173), section 124 of the Medicare Improve- ‘‘(ii) the amount of wages and compensa- (A) in subsection (d), in the second sen- ments for Patients and Providers Act of 2008 tion taken into account under subparagraph tence of the flush matter following para- (Public Law 110–275), sections 3137(a) and (B), and graph (2), by striking ‘‘December 31, 2011’’ 10317 of the Patient Protection and Afford- ‘‘(B) any remuneration received during the and inserting ‘‘February 29, 2012’’; and able Care Act (Public Law 111–148), and sec- portion of the payroll tax holiday period oc- (B) in subsection (f)(2), by striking ‘‘De- tion 102(a) of the Medicare and Medicaid Ex- curring during 2012, subsection (a)(2) shall cember 31, 2011’’ and inserting ‘‘February 29, tenders Act of 2010 (Public Law 111–309), is only apply to so much of the sum of the tax- 2012’’. amended by striking ‘‘September 30, 2011’’ payer’s wages (as defined in section 3121(a) of (b) FUNDING.—Section 4004(e)(1) of the Sup- and inserting ‘‘November 30, 2011’’. such Code) and compensation (as defined sec- plemental Appropriations Act, 2008 (Public (b) SPECIAL RULE FOR OCTOBER AND NOVEM- tion 3231(e) of such Code) as does not exceed Law 110–252; 26 U.S.C. 3304 note) is amended— BER 2011.— $18,350. (1) in subparagraph (F), by striking ‘‘and’’ (1) IN GENERAL.—Subject to paragraph (2), ‘‘(2) COORDINATION WITH DEDUCTION FOR EM- at the end; and for purposes of implementation of the PLOYMENT TAXES.—In the case of a taxable (2) by inserting after subparagraph (G) the amendment made by subsection (a), includ- year beginning in 2012, subparagraph (A) of following: ing for purposes of the implementation of subsection (b)(2) shall be applied as if it read ‘‘(H) the amendments made by section paragraph (2) of section 117(a) of the Medi- as follows: 201(a)(1) of the Temporary Payroll Tax Cut care, Medicaid, and SCHIP Extension Act of ‘‘ ‘(A) the sum of— Continuation Act of 2011; and’’. 2007 (Public Law 110–173), for the period be- ‘‘ ‘(i) 59.6 percent of the portion of such (c) EFFECTIVE DATE.—The amendments ginning on October 1, 2011, and ending on No- taxes attributable to the tax imposed by sec- made by this section shall take effect as if vember 30, 2011, the Secretary of Health and tion 1401(a) of such Code (determined after included in the enactment of the Tax Relief, Human Services shall use the hospital wage the application of this section) on so much of Unemployment Insurance Reauthorization, index that was promulgated by the Secretary self-employment income (as defined in sec- and Job Creation Act of 2010 (Public Law 111– of Health and Human Services in the Federal tion 1402(b) of such Code) as does not exceed 312). Register on August 18, 2011 (76 Fed. Reg. the amount of self-employment income de- SEC. 202. EXTENDED UNEMPLOYMENT BENEFITS 51476), and any subsequent corrections. scribed in paragraph (1)(A), plus UNDER THE RAILROAD UNEMPLOY- (2) EXCEPTION.—In determining the wage ‘‘ ‘(ii) one-half of the portion of such taxes MENT INSURANCE ACT. index applicable to hospitals that qualify for attributable to the tax imposed by section (a) EXTENSION.—Section 2(c)(2)(D)(iii) of wage index reclassification, the Secretary 1401(a) of such Code (determined without re- the Railroad Unemployment Insurance Act, shall, for the period beginning on October 1, gard to this section) on self-employment in- as added by section 2006 of the American Re- 2011, and ending on November 30, 2011, in- come (as so defined) in excess of such covery and Reinvestment Act of 2009 (Public clude the average hourly wage data of hos- amount, plus’.’’ Law 111–5) and as amended by section 9 of pitals whose reclassification was extended (c) TECHNICAL AMENDMENTS.—Paragraph (2) the Worker, Homeownership, and Business pursuant to the amendment made by sub- of section 601(b) of such Act (26 U.S.C. 1401 Assistance Act of 2009 (Public Law 111–92) section (a) only if including such data results note) is amended— and section 505 of the Tax Relief, Unemploy- in a higher applicable reclassified wage (1) by inserting ‘‘of such Code’’ after ment Insurance Reauthorization, and Job index. Any revision to hospital wage indexes ‘‘164(f)’’, Creation Act of 2010 (Public Law 111–312), is made as a result of this paragraph shall not (2) by inserting ‘‘of such Code’’ after amended— be effected in a budget neutral manner. ‘‘1401(a)’’ in subparagraph (A), and (1) by striking ‘‘June 30, 2011’’ and insert- (c) TIMEFRAME FOR PAYMENTS.—The Sec- (3) by inserting ‘‘of such Code’’ after ing ‘‘August 31, 2011’’; and retary shall make payments required under ‘‘1401(b)’’ in subparagraph (B). (2) by striking ‘‘December 31, 2011’’ and in- subsections (a) and (b) by not later than De- (d) EFFECTIVE DATES.— serting ‘‘February 29, 2012’’. cember 31, 2012. (b) CLARIFICATION ON AUTHORITY TO USE (1) IN GENERAL.—Except as provided in SEC. 303. EXTENSION OF MEDICARE WORK GEO- paragraph (2), the amendments made by this FUNDS.—Funds appropriated under either the GRAPHIC ADJUSTMENT FLOOR. section shall apply to remuneration re- first or second sentence of clause (iv) of sec- Section 1848(e)(1)(E) of the Social Security ceived, and taxable years beginning, after tion 2(c)(2)(D) of the Railroad Unemploy- Act (42 U.S.C. 1395w–4(e)(1)(E)) is amended by December 31, 2011. ment Insurance Act shall be available to striking ‘‘before January 1, 2012’’ and insert- (2) TECHNICAL AMENDMENTS.—The amend- cover the cost of additional extended unem- ing ‘‘before March 1, 2012’’. ments made by subsection (c) shall take ef- ployment benefits provided under such sec- tion 2(c)(2)(D) by reason of the amendments SEC. 304. EXTENSION OF EXCEPTIONS PROCESS fect as if included in the enactment of sec- FOR MEDICARE THERAPY CAPS. made by subsection (a) as well as to cover tion 601 of the Tax Relief, Unemployment In- Section 1833(g)(5) of the Social Security the cost of such benefits provided under such surance Reauthorization, and Job Creation Act (42 U.S.C. 1395l(g)(5)) is amended by section 2(c)(2)(D), as in effect on the day be- Act of 2010. striking ‘‘December 31, 2011’’ and inserting fore the date of the enactment of this Act. TITLE II—TEMPORARY EXTENSION OF UN- ‘‘February 29, 2012’’. EMPLOYMENT COMPENSATION PROVI- TITLE III—TEMPORARY EXTENSION OF SEC. 305. EXTENSION OF PAYMENT FOR TECH- SIONS HEALTH PROVISIONS NICAL COMPONENT OF CERTAIN SEC. 201. TEMPORARY EXTENSION OF UNEM- SEC. 301. MEDICARE PHYSICIAN PAYMENT UP- PHYSICIAN PATHOLOGY SERVICES. PLOYMENT COMPENSATION PROVI- DATE. Section 542(c) of the Medicare, Medicaid, SIONS. Section 1848(d) of the Social Security Act and SCHIP Benefits Improvement and Pro- (a) IN GENERAL.—(1) Section 4007 of the (42 U.S.C. 1395w–4(d)) is amended by adding tection Act of 2000 (as enacted into law by Supplemental Appropriations Act, 2008 (Pub- at the end the following new paragraph: section 1(a)(6) of Public Law 106–554), as lic Law 110–252; 26 U.S.C. 3304 note) is amend- ‘‘(13) UPDATE FOR FIRST TWO MONTHS OF amended by section 732 of the Medicare Pre- ed— 2012.— scription Drug, Improvement, and Mod- (A) by striking ‘‘January 3, 2012’’ each ‘‘(A) IN GENERAL.—Subject to paragraphs ernization Act of 2003 (42 U.S.C. 1395w–4 place it appears and inserting ‘‘March 6, (7)(B), (8)(B), (9)(B), (10)(B), (11)(B), and note), section 104 of division B of the Tax Re- 2012’’; (12)(B), in lieu of the update to the single lief and Health Care Act of 2006 (42 U.S.C.

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8778 CONGRESSIONAL RECORD — SENATE December 17, 2011 1395w–4 note), section 104 of the Medicare, (2) in subsection (c)(2)(B)(iv)(IV), by strik- payment of principal and interest on securi- Medicaid, and SCHIP Extension Act of 2007 ing ‘‘or 2011’’ and inserting ‘‘, 2011, or the ties, notes, and other obligations based on or (Public Law 110–173), section 136 of the Medi- first 2 months of 2012’’. backed by mortgages on residential real care Improvements for Patients and Pro- SEC. 310. EXTENSION OF THE QUALIFYING INDI- properties designed principally for occu- viders Act of 2008 (Public Law 110–275), sec- VIDUAL (QI) PROGRAM. pancy of from 1 to 4 families, consummated tion 3104 of the Patient Protection and Af- (a) EXTENSION.—Section 1902(a)(10)(E)(iv) of after the date of enactment of this section. fordable Care Act (Public Law 111–148), and the Social Security Act (42 U.S.C. ‘‘(B) AMOUNT.—The amount of the increase section 105 of the Medicare and Medicaid Ex- 1396a(a)(10)(E)(iv)) is amended by striking required under this section shall be deter- tenders Act of 2010 (Public Law 111–309), is ‘‘December 2011’’ and inserting ‘‘February mined by the Director to appropriately re- amended by striking ‘‘and 2011’’ and insert- 2012’’. flect the risk of loss, as well the cost of cap- ing ‘‘2011, and the first two months of 2012’’. (b) EXTENDING TOTAL AMOUNT AVAILABLE ital allocated to similar assets held by other SEC. 306. EXTENSION OF AMBULANCE ADD-ONS. FOR ALLOCATION.—Section 1933(g) of such Act fully private regulated financial institu- (a) GROUND AMBULANCE.—Section (42 U.S.C. 1396u–3(g)) is amended— tions, but such amount shall be not less than 1834(l)(13)(A) of the Social Security Act (42 (1) in paragraph (2)— an average increase of 10 basis points for U.S.C. 1395m(l)(13)(A)) is amended— (A) by striking ‘‘and’’ at the end of sub- each origination year or book year above the (1) in the matter preceding clause (i), by paragraph (O); average fees imposed in 2011 for such guaran- striking ‘‘January 1, 2012’’ and inserting (B) in subparagraph (P), by striking the pe- tees. The Director shall prohibit an enter- ‘‘March 1, 2012’’; and riod at the end and inserting ‘‘; and’’; and prise from offsetting the cost of the fee to (2) in each of clauses (i) and (ii), by strik- (C) by adding at the end the following new mortgage originators, borrowers, and inves- ing ‘‘January 1, 2012’’ and inserting ‘‘March subparagraphs: tors by decreasing other charges, fees, or premiums, or in any other manner. 1, 2012’’ each place it appears. ‘‘(Q) for the period that begins on January ‘‘(2) AUTHORITY TO LIMIT OFFER OF GUAR- (b) AIR AMBULANCE.—Section 146(b)(1) of 1, 2012, and ends on February 29, 2012, the ANTEE.—The Director shall prohibit an en- the Medicare Improvements for Patients and total allocation amount is $150,000,000.’’. terprise from consummating any offer for a Providers Act of 2008 (Public Law 110–275), as SEC. 311. EXTENSION OF TRANSITIONAL MED- guarantee to a lender for mortgage-backed amended by sections 3105(b) and 10311(b) of ICAL ASSISTANCE (TMA). securities, if— Public Law 111–148 and section 106(b) of the Sections 1902(e)(1)(B) and 1925(f) of the So- ‘‘(A) the guarantee is inconsistent with the Medicare and Medicaid Extenders Act of 2010 cial Security Act (42 U.S.C. 1396a(e)(1)(B), requirements of this section; or (Public Law 111–309), is amended by striking 1396r–6(f)) are each amended by striking ‘‘De- ‘‘(B) the risk of loss is allowed to increase, ‘‘December 31, 2011’’ and inserting ‘‘February cember 31, 2011’’ and inserting ‘‘February 29, through lowering of the underwriting stand- 29, 2012’’. 2012’’. ards or other means, for the primary purpose (c) SUPER RURAL AMBULANCE.—Section SEC. 312. EXTENSION OF THE TEMPORARY AS- of meeting the requirements of this section. 1834(l)(12)(A) of the Social Security Act (42 SISTANCE FOR NEEDY FAMILIES ‘‘(3) DEPOSIT IN TREASURY.—Amounts re- U.S.C. 1395m(l)(12)(A)) is amended by strik- PROGRAM. ceived from fee increases imposed under this ing ‘‘January 1, 2012’’ and inserting ‘‘March Activities authorized by part A of title IV section shall be deposited directly into the 1, 2012’’. and section 1108(b) of the Social Security Act (other than under subsections (a)(3) and (b) United States Treasury, and shall be avail- SEC. 307. EXTENSION OF PHYSICIAN FEE SCHED- of section 403 of such Act) shall continue able only to the extent provided in subse- ULE MENTAL HEALTH ADD-ON PAY- quent appropriations Acts. The fees charged MENT. through February 29, 2012, in the manner au- pursuant to this section shall not be consid- Section 138(a)(1) of the Medicare Improve- thorized for fiscal year 2011, and out of any ered a reimbursement to the Federal Govern- ments for Patients and Providers Act of 2008 money in the Treasury of the United States ment for the costs or subsidy provided to an (Public Law 110–275), as amended by section not otherwise appropriated, there are hereby enterprise. 3107 of the Patient Protection and Affordable appropriated such sums as may be necessary ‘‘(c) PHASE-IN.— Care Act (Public Law 111–148) and section 107 for such purpose. Grants and payments may be made pursuant to this authority through ‘‘(1) IN GENERAL.—The Director may pro- of the Medicare and Medicaid Extenders Act vide for compliance with subsection (b) by of 2010 (Public Law 111–309), is amended by the applicable portion of the second quarter of fiscal year 2012 at the pro rata portion of allowing each enterprise to increase the striking ‘‘December 31, 2011’’ and inserting guarantee fee charged by the enterprise ‘‘February 29, 2012’’. the level provided for such activities through the second quarter of fiscal year 2011. gradually over the 2-year period beginning SEC. 308. EXTENSION OF OUTPATIENT HOLD on the date of enactment of this section, in TITLE IV—MORTGAGE FEES AND HARMLESS PROVISION. a manner sufficient to comply with this sec- PREMIUMS Section 1833(t)(7)(D)(i) of the Social Secu- tion. In determining a schedule for such in- rity Act (42 U.S.C. 1395l(t)(7)(D)(i)), as SEC. 401. GUARANTEE FEES. creases, the Director shall— amended by section 3121(a) of the Patient Subpart A of part 2 of subtitle A of title ‘‘(A) provide for uniform pricing among Protection and Affordable Care Act (Public XIII of the Housing and Community Develop- lenders; Law 111–148) and section 108 of the Medicare ment Act of 1992 is amended by adding after ‘‘(B) provide for adjustments in pricing and Medicaid Extenders Act of 2010 (Public section 1326 (12 U.S.C. 4546) the following new based on risk levels; and Law 111–309), is amended— section: ‘‘(C) take into consideration conditions in (1) in subclause (II)— ‘‘SEC. 1327. ENTERPRISE GUARANTEE FEES. financial markets. (A) in the first sentence, by striking ‘‘Jan- ‘‘(a) DEFINITIONS.—For purposes of this sec- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in uary 1, 2012’’ and inserting ‘‘March 1, 2012’’; tion, the following definitions shall apply: this subsection shall be interpreted to under- and ‘‘(1) GUARANTEE FEE.—The term ‘guarantee mine the minimum increase required by sub- (B) in the second sentence, by striking ‘‘or fee’— section (b). 2011’’ and inserting ‘‘2011, or the first two ‘‘(A) means a fee described in subsection ‘‘(d) INFORMATION COLLECTION AND ANNUAL months of 2012’’; and (b); and ANALYSIS.—The Director shall require each (2) in subclause (III)— ‘‘(B) includes— enterprise to provide to the Director, as part (A) in the first sentence, by striking ‘‘2009, ‘‘(i) the guaranty fee charged by the Fed- of its annual report submitted to Congress— and’’ and all that follows through ‘‘for eral National Mortgage Association with re- ‘‘(1) a description of— which’’ and inserting ‘‘2009, and before March spect to mortgage-backed securities; and ‘‘(A) changes made to up-front fees and an- 1, 2012, for which’’; and ‘‘(ii) the management and guarantee fee nual fees as part of the guarantee fees nego- (B) in the second sentence, by striking charged by the Federal Home Loan Mortgage tiated with lenders; ‘‘2010, and’’ and all that follows through ‘‘the Corporation with respect to participation ‘‘(B) changes to the riskiness of the new preceding’’ and inserting ‘‘2010, and before certificates. borrowers compared to previous origination March 1, 2012, the preceding’’. ‘‘(2) AVERAGE FEES.—The term ‘average years or book years; and SEC. 309. EXTENDING MINIMUM PAYMENT FOR fees’ means the average contractual fee rate ‘‘(C) any adjustments required to improve BONE MASS MEASUREMENT. of single-family guaranty arrangements by for future origination years or book years, in Section 1848 of the Social Security Act (42 an enterprise entered into during 2011, plus order to be in complete compliance with sub- U.S.C. 1395w–4) is amended— the recognition of any up-front cash pay- section (b); and (1) in subsection (b)— ments over an estimated average life, ex- ‘‘(2) an assessment of how the changes in (A) in paragraph (4)(B), by striking ‘‘and pressed in terms of basis points. Such defini- the guarantee fees described in paragraph (1) 2011’’ and inserting ‘‘, 2011, and the first 2 tion shall be interpreted in a manner con- met the requirements of subsection (b). months of 2012’’; and sistent with the annual report on guarantee ‘‘(e) ENFORCEMENT.— (B) in paragraph (6)— fees by the Federal Housing Finance Agency. ‘‘(1) REQUIRED ADJUSTMENTS.—Based on the (i) in the matter preceding subparagraph ‘‘(b) INCREASE.— information from subsection (d) and any (A), by striking ‘‘and 2011’’ and inserting ‘‘, ‘‘(1) IN GENERAL.— other information the Director deems nec- 2011, and the first 2 months of 2012’’; and ‘‘(A) PHASED INCREASE REQUIRED.—Subject essary, the Director shall require an enter- (ii) in subparagraph (C), by striking ‘‘and to subsection (c), the Director shall require prise to make adjustments in its guarantee 2011’’ and inserting ‘‘, 2011, and the first 2 each enterprise to charge a guarantee fee in fee in order to be in compliance with sub- months of 2012’’; and connection with any guarantee of the timely section (b).

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8779

‘‘(2) NONCOMPLIANCE PENALTY.—An enter- President shall, not later than 15 days after (6) Other requirements that are standard prise that has been found to be out of com- the date of the determination, submit to the industry practice or commonly included in pliance with subsection (b) for any 2 consecu- Committee on Foreign Relations of the Sen- Federal permits that are similar to a permit tive years shall be precluded from providing ate, the Committee on Foreign Affairs of the issued under subsection (a). any guarantee for a period, determined by House of Representatives, the majority lead- (d) MODIFICATION.—The permit issued rule of the Director, but in no case less than er of the Senate, the minority leader of the under subsection (a) shall require— 1 year. Senate, the Speaker of the House of Rep- (1) the reconsideration of routing of the ‘‘(3) RULE OF CONSTRUCTION.—Nothing in resentatives, and the minority leader of the Keystone XL pipeline within the State of Ne- this subsection shall be interpreted as pre- House of Representatives a report that pro- braska; venting the Director from initiating and im- vides a justification for determination, in- (2) a review period during which routing plementing an enforcement action against cluding consideration of economic, employ- within the State of Nebraska may be recon- an enterprise, at a time the Director deems ment, energy security, foreign policy, trade, sidered and the route of the Keystone XL necessary, under other existing enforcement and environmental factors. pipeline through the State altered with any authority. (3) EFFECT OF NO FINDING OR ACTION.—If a accompanying modification to the Plan de- ‘‘(f) EXPIRATION.—The provisions of this determination is not made under paragraph scribed in subsection (c)(5)(A); and section shall expire on October 1, 2021.’’. (1) and no action is taken by the President (3) the President— SEC. 402. FHA GUARANTEE FEES. under subsection (a) not later than 60 days (A) to coordinate review with the State of (a) AMENDMENT.—Section 203(c)(2) of the after the date of enactment of this Act, the Nebraska and provide any necessary data National Housing Act (12 U.S.C. 1709(c)(2)) is permit for the Keystone XL pipeline de- and reasonable technical assistance material amended by adding at the end the following: scribed in subsection (a) that meets the re- to the review process required under this ‘‘(C)(i) In addition to the premiums under quirements of subsections (c) and (d) shall be subsection; and subparagraphs (A) and (B), the Secretary in effect by operation of law. (B) to approve the route within the State shall establish and collect annual premium (c) REQUIREMENTS.—The permit granted of Nebraska that has been submitted to the payments for any mortgage for which the under subsection (a) shall require the fol- Secretary of State by the Governor of Ne- Secretary collects an annual premium pay- lowing: braska. ment under subparagraph (B), in an amount (1) The permittee shall comply with all ap- (e) EFFECT OF NO APPROVAL.—If the Presi- described in clause (ii). plicable Federal and State laws (including dent does not approve the route within the regulations) and all applicable industrial ‘‘(ii)(I) Subject to subclause (II), with re- State of Nebraska submitted by the Gov- codes regarding the construction, connec- spect to a mortgage, the amount described in ernor of Nebraska under subsection (d)(3)(B) tion, operation, and maintenance of the this clause is 10 basis points of the remaining not later than 10 days after the date of sub- United States facilities. insured principal balance (excluding the por- mission, the route submitted by the Gov- (2) The permittee shall obtain all requisite tion of the remaining balance attributable to ernor of Nebraska under subsection (d)(3)(B) permits from Canadian authorities and rel- shall be considered approved, pursuant to the the premium collected under subparagraph evant Federal, State, and local govern- terms of the permit described in subsection (A) and without taking into account delin- mental agencies. (a) that meets the requirements of sub- quent payments or prepayments). (3) The permittee shall take all appro- section (c) and this subsection, by operation ‘‘(II) During the 2-year period beginning on priate measures to prevent or mitigate any of law. the date of enactment of this subparagraph, adverse environmental impact or disruption (f) PRIVATE PROPERTY SAVINGS CLAUSE.— the Secretary shall increase the number of of historic properties in connection with the Nothing in this section alters the Federal, basis points of the annual premium payment construction, operation, and maintenance of State, or local processes or conditions in ef- collected under this subparagraph incremen- the United States facilities. fect on the date of enactment of this Act tally, as determined appropriate by the Sec- (4) For the purpose of the permit issued that are necessary to secure access from pri- retary, until the number of basis points of under subsection (a) (regardless of any modi- vate property owners to construct the Key- the annual premium payment collected fications under subsection (d))— stone XL pipeline. under this subparagraph is equal to the num- (A) the final environmental impact state- Subtitle B—Budgetary Provisions ber described in subclause (I).’’. ment issued by the Secretary of State on Au- SEC. 511. SENATE POINT OF ORDER AGAINST AN (b) PROSPECTIVE REPEAL.—Section 203(c)(2) gust 26, 2011, satisfies all requirements of the EMERGENCY DESIGNATION. of the National Housing Act (12 U.S.C. National Environmental Policy Act of 1969 Section 314 of the Congressional Budget 1709(c)(2)) is amended by striking subpara- (42 U.S.C. 4321 et seq.) and section 106 of the Act of 1974 is amended by— graph (C), as added by subsection (a), effec- National Historic Preservation Act (16 U.S.C. (1) redesignating subsection (e) as sub- tive on October 1, 2021. 470f); section (f); and (c) REPORT REQUIRED.—Not later than 30 (B) any modification required by the Sec- days before the date on which the Secretary (2) inserting after subsection (d) the fol- retary of State to the Plan described in para- of Housing and Urban Development makes a lowing: graph (5)(A) shall not require supplemen- ‘‘(e) SENATE POINT OF ORDER AGAINST AN determination under subsection (b)(2), the tation of the final environmental impact EMERGENCY DESIGNATION.— Secretary shall submit to the Committee on statement described in that paragraph; and ‘‘(1) IN GENERAL.—When the Senate is con- Banking, Housing, and Urban Affairs of the (C) no further Federal environmental re- sidering a bill, resolution, amendment, mo- Senate and the Committee on Financial view shall be required. tion, amendment between the Houses, or Services of the House of Representatives a (5) The construction, operation, and main- conference report, if a point of order is made report that— tenance of the facilities shall be in all mate- by a Senator against an emergency designa- (1) explains the basis for the determina- rial respects similar to that described in the tion in that measure, that provision making tion; and application described in subsection (a) and in such a designation shall be stricken from the (2) identifies the date on which the Sec- accordance with— measure and may not be offered as an retary plans to make the determination. (A) the construction, mitigation, and rec- amendment from the floor. TITLE V—OTHER PROVISIONS lamation measures agreed to by the per- ‘‘(2) SUPERMAJORITY WAIVER AND AP- Subtitle A—Keystone XL Pipeline mittee in the Construction Mitigation and PEALS.— SEC. 501. PERMIT FOR KEYSTONE XL PIPELINE. Reclamation Plan found in appendix B of the ‘‘(A) WAIVER.—Paragraph (1) may be (a) IN GENERAL.—Except as provided in final environmental impact statement issued waived or suspended in the Senate only by subsection (b), not later than 60 days after by the Secretary of State on August 26, 2011, an affirmative vote of three-fifths of the the date of enactment of this Act, the Presi- subject to the modification described in sub- Members, duly chosen and sworn. dent, acting through the Secretary of State, section (d); ‘‘(B) APPEALS.—Appeals in the Senate from shall grant a permit under Executive Order (B) the special conditions agreed to be- the decisions of the Chair relating to any 13337 (3 U.S.C. 301 note; relating to issuance tween the permittee and the Administrator provision of this subsection shall be limited of permits with respect to certain energy-re- of the Pipeline Hazardous Materials Safety to 1 hour, to be equally divided between, and lated facilities and land transportation Administration of the Department of Trans- controlled by, the appellant and the manager crossings on the international boundaries of portation found in appendix U of the final of the bill or joint resolution, as the case the United States) for the Keystone XL pipe- environmental impact statement described may be. An affirmative vote of three-fifths of line project application filed on September in subparagraph (A); the Members of the Senate, duly chosen and 19, 2008 (including amendments). (C) if the modified route submitted by the sworn, shall be required to sustain an appeal (b) EXCEPTION.— Governor of Nebraska under subsection of the ruling of the Chair on a point of order (1) IN GENERAL.—The President shall not be (d)(3)(B) crosses the Sand Hills region, the raised under this subsection. required to grant the permit under sub- measures agreed to by the permittee for the ‘‘(3) DEFINITION OF AN EMERGENCY DESIGNA- section (a) if the President determines that Sand Hills region found in appendix H of the TION.—For purposes of paragraph (1), a provi- the Keystone XL pipeline would not serve final environmental impact statement de- sion shall be considered an emergency des- the national interest. scribed in subparagraph (A); and ignation if it designates any item pursuant (2) REPORT.—If the President determines (D) the stipulations identified in appendix to section 251(b)(2)(A)(i) of the Balanced that the Keystone XL pipeline is not in the S of the final environmental impact state- Budget and Emergency Deficit Control Act national interest under paragraph (1), the ment described in subparagraph (A). of 1985.

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8780 CONGRESSIONAL RECORD — SENATE December 17, 2011 ‘‘(4) FORM OF THE POINT OF ORDER.—A point I ask unanimous consent the joint (B) enter into an agreement with the Sec- of order under paragraph (1) may be raised resolution be read three times and retary that allocates any other administrative by a Senator as provided in section 313(e) of passed, the motion to reconsider be costs between the Secretary and the District. (c) ADDITIONAL TERMS AND CONDITIONS.—The the Congressional Budget Act of 1974. laid upon the table, and any state- ‘‘(5) CONFERENCE REPORTS.—When the Sen- land exchange under subsection (a) shall be ate is considering a conference report on, or ments be printed in the RECORD. subject to— an amendment between the Houses in rela- The PRESIDING OFFICER. Without (1) valid existing rights; and tion to, a bill, upon a point of order being objection, it is so ordered. (2) any terms and conditions that the Sec- made by any Senator pursuant to this sec- The joint resolution (H.J. Res 95) was retary may require. tion, and such point of order being sustained, ordered to a third reading, was read the (d) TIME FOR COMPLETION OF LAND EX- such material contained in such conference third time, and passed. CHANGE.—It is the intent of Congress that the land exchange under subsection (a) shall be report shall be deemed stricken, and the Sen- f ate shall proceed to consider the question of completed not later than 1 year after the date of whether the Senate shall recede from its SUGAR LOAF FIRE PROTECTION enactment of this Act. (e) AUTHORITY OF SECRETARY TO CONDUCT amendment and concur with a further DISTRICT LAND EXCHANGE ACT SALE OF FEDERAL LAND.— amendment, or concur in the House amend- OF 2011 (1) IN GENERAL.—In accordance with para- ment with a further amendment, as the case graph (2), if the land exchange under subsection may be, which further amendment shall con- Mr. REID. Mr. President, I ask the Chair lay to before the body a message (a) is not completed by the date that is 1 year sist of only that portion of the conference re- after the date of enactment of this Act, the Sec- port or House amendment, as the case may from the House. The PRESIDING OFFICER laid be- retary may offer to sell to the District the Fed- be, not so stricken. Any such motion in the eral land. Senate shall be debatable. In any case in fore the Senate the following message: (2) VALUE OF FEDERAL LAND.—The Secretary which such point of order is sustained S. 278 may offer to sell to the District the Federal land against a conference report (or Senate Resolved, That the bill from the Senate for the fair market value of the Federal land. amendment derived from such conference re- (S. 278) entitled ‘‘An Act to provide for the (f) DISPOSITION OF PROCEEDS.— port by operation of this subsection), no fur- exchange of certain land located in the Arap- (1) IN GENERAL.—The Secretary shall deposit ther amendment shall be in order.’’. aho-Roosevelt National Forests in the State in the fund established under Public Law 90–171 SEC. 512. PAYGO SCORECARD ESTIMATES. of Colorado, and for other purposes’’, do pass (commonly known as the ‘‘Sisk Act’’) (16 U.S.C. The budgetary effects of this Act shall not with the following amendment: 484a) any amount received by the Secretary as be entered on either PAYGO scorecard main- Strike out all after the enacting clause and the result of— tained pursuant to section 4(d) of the Statu- insert: (A) any cash equalization payment made tory Pay-As-You-Go Act of 2010. SECTION 1. SHORT TITLE. under subsection (b); and This Act may be cited as the ‘‘Sugar Loaf Fire (B) any sale carried out under subsection (e). SE OF PROCEEDS.—Amounts deposited SA 1466. Mr. REID (for himself and Protection District Land Exchange Act of 2011’’. (2) U under paragraph (1) shall be available to the Mr. MCCONNELL) proposed an amend- SEC. 2. DEFINITIONS. Secretary, without further appropriation and ment to the bill H.R. 3630, to extend In this Act: until expended, for the acquisition of land or in- the payroll tax holiday, unemployment (1) DISTRICT.—The term ‘‘District’’ means the Sugar Loaf Fire Protection District of Boulder, terests in land in the National Forest System. compensation, Medicare physician pay- (g) MANAGEMENT AND STATUS OF ACQUIRED Colorado. ment, provide for the consideration of LAND.—The non-Federal land acquired by the (2) FEDERAL LAND.—The term ‘‘Federal land’’ the Keystone XL pipeline, and for means— Secretary under this section shall be— (1) added to, and administered as part of, the other purposes; as follows: (A) the parcel of approximately 1.52 acres of National Forest; and land in the National Forest that is generally de- To amend the title so as to read: (2) managed by the Secretary in accordance A bill to extend the payroll tax holiday, picted on the map numbered 1, entitled with— unemployment compensation, Medicare phy- ‘‘Sugarloaf Fire Protection District Proposed (A) the Act of March 1, 1911 (commonly sician payment, provide for the consider- Land Exchange’’, and dated November 12, 2009; known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et ation of the Keystone XL pipeline, and for and seq.); and other purposes. (B) the parcel of approximately 3.56 acres of (B) any laws (including regulations) applica- land in the National Forest that is generally de- ble to the National Forest. SA 1467. Mr. REID (for Mr. BURR) picted on the map numbered 2, entitled (h) REVOCATION OF ORDERS; WITHDRAWAL.— proposed an amendment to the bill S. ‘‘Sugarloaf Fire Protection District Proposed (1) REVOCATION OF ORDERS.—Any public order 1959, to require a report on the designa- Land Exchange’’, and dated November 12, 2009. withdrawing the Federal land from entry, ap- tion of the Haqqani Network as a for- (3) NATIONAL FOREST.—The term ‘‘National propriation, or disposal under the public land Forest’’ means the Arapaho-Roosevelt National laws is revoked to the extent necessary to permit eign terrorist organization and for Forests located in the State of Colorado. other purposes; as follows: the conveyance of the Federal land to the Dis- (4) NON-FEDERAL LAND.—The term ‘‘non-Fed- trict. At the end, add the following: eral land’’ means the parcel of approximately (2) WITHDRAWAL.—On the date of enactment (c) CONSTRUCTION.—Nothing in this Act 5.17 acres of non-Federal land in unincor- of this Act, if not already withdrawn or seg- may be construed to infringe upon the sov- porated Boulder County, Colorado, that is gen- regated from entry and appropriation under the ereignty of Pakistan to combat militant or erally depicted on the map numbered 3, entitled public land laws (including the mining and min- terrorist groups operating inside the bound- ‘‘Sugarloaf Fire Protection District Proposed eral leasing laws) and the Geothermal Steam Act aries of Pakistan. Land Exchange’’, and dated November 12, 2009. of 1970 (30 U.S.C. 1001 et seq.), the Federal land f (5) SECRETARY.—The term ‘‘Secretary’’ means is withdrawn until the date of the conveyance the Secretary of Agriculture. of the Federal land to the District. MAKING FURTHER CONTINUING SEC. 3. LAND EXCHANGE. Mr. REID. I ask unanimous consent APPROPRIATIONS FOR FISCAL (a) IN GENERAL.—Subject to the provisions of YEAR 2012 this Act, if the District offers to convey to the the motion to concur in the House amendment to S. 278 be agreed to, the Mr. REID. Mr. President, I ask unan- Secretary all right, title, and interest of the Dis- trict in and to the non-Federal land, and the motion to reconsider be laid upon the imous consent the Senate proceed to offer is acceptable to the Secretary— table, with no intervening action or de- H.J. Res. 95. (1) the Secretary shall accept the offer; and bate, and any statements be printed in The PRESIDING OFFICER. The (2) on receipt of acceptable title to the non- the RECORD. clerk will report the joint resolution Federal land, the Secretary shall convey to the The PRESIDING OFFICER. Without by title. District all right, title, and interest of the objection, it is so ordered. The assistant legislative clerk read United States in and to the Federal land. f as follows: (b) APPLICABLE LAW.—Section 206 of the Fed- eral Land Policy and Management Act of 1976 HUBZONE QUALIFIED CENSUS A joint resolution (H.J. Res. 95) making (43 U.S.C. 1716) shall apply to the land ex- further continuing appropriations for fiscal change authorized under subsection (a), except TRACT ACT year 2012 and for other purposes. that— Mr. REID. Mr. President, I ask unan- There being no objection, the Senate (1) the Secretary may accept a cash equali- imous consent the Banking Committee proceeded to consider the joint resolu- zation payment in excess of 25 percent of the be discharged from further consider- tion. value of the Federal land; and ation of S. 1874 and the Senate proceed Mr. REID. This is a 6-day continuing (2) as a condition of the land exchange under subsection (a), the District shall— to its consideration. resolution. The House is going to come (A) pay each cost relating to any land surveys The PRESIDING OFFICER. Without back in Monday and then papers have and appraisals of the Federal land and non- objection, it is so ordered. The clerk to get to the President. It takes time. Federal land; and will report the bill by title.

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8781 The assistant legislative clerk read (2) describes any problems encountered by visibility attacks in Afghanistan. First, a as follows: the Administrator in using qualified census late June assault on the Intercontinental tract data to designate HUBZones; and Hotel in Kabul by 8 Haqqani gunmen and sui- A bill (S. 1874) to require the timely identi- (3) includes recommendations, if any, for cide bombers left 18 people dead. Then, on fication of qualified census tracts for pur- ways to improve the process of designating September 10, a truck bomb attack on a poses of the HUBZone program, and for other HUBZones. United States military base by Haqqani purposes. f fighters in the Wardak province injured 77 There being no objection, the Senate United States troops and killed 5 Afghans. A proceeded to consider the bill. HAQQANI NETWORK TERRORIST September 13 attack on the United States Mr. REID. Mr. President, I ask unan- DESIGNATION ACT OF 2011 Embassy compound in Kabul involved an as- imous consent the bill be read a third Mr. REID. Mr. President, I ask unan- sault that sparked a 20-hour-long gun battle time, passed, the motion to reconsider and left 16 Afghans dead, 5 police officers and imous consent that the Committee on at least 6 children among them. be laid upon the table, with no inter- Foreign Relations be discharged from (3) The report further states that ‘‘U.S. and vening action or debate, and any state- further consideration of S. 1959 and the Afghan officials concluded the Embassy ments be printed in the RECORD. Senate proceed to its immediate con- attackers were members of the Haqqani net- The PRESIDING OFFICER. Without sideration. work’’. objection, it is so ordered. The PRESIDING OFFICER. Without (4) In September 22, 2011, testimony before The bill (S. 1874) was ordered to be objection, it is so ordered. the Committee on Armed Services of the engrossed for a third reading, was read The clerk will report the bill by title. Senate, Chairman of the Joint Chiefs of Staff the third time, and passed, as follows: Admiral Mullen stated that ‘‘[t]he Haqqani The assistant legislative clerk read network, for one, acts as a veritable arm of S. 1874 as follows: Pakistan’s Inter-Services Intelligence agen- Be it enacted by the Senate and House of Rep- A bill (S. 1959) to require a report on the cy. With ISI support, Haqqani operatives resentatives of the United States of America in designation of the Haqqani Network as a for- plan and conducted that [September 13] Congress assembled, eign terrorist organization and for other pur- truck bomb attack, as well as the assault on SECTION 1. SHORT TITLE. poses. our embassy. We also have credible evidence This Act may be cited as the ‘‘HUBZone There being no objection, the Senate they were behind the June 28th attack on the Qualified Census Tract Act of 2011’’. proceeded to consider the bill. Intercontinental Hotel in Kabul and a host of other smaller but effective operations’’. SEC. 2. DESIGNATION OF QUALIFIED CENSUS Mr. REID. Mr. President, I express TRACTS. (5) In October 27, 2011, testimony before the my appreciation to everyone for re- Committee on Foreign Affairs of the House (a) IDENTIFICATION OF HUBZONE QUALIFIED moving their holds and allowing this of Representatives, Secretary of State Hil- CENSUS TRACTS.—Not later than 2 months matter to go forward. It is a very im- lary Clinton stated that ‘‘we are taking ac- after the date on which the Secretary of portant statement that we make as tion to target the Haqqani leadership on Housing and Urban Development receives both sides of the border. We’re increasing from the Census Bureau the data obtained Americans regarding our foreign pol- international efforts to squeeze them oper- from each decennial census relating to cen- icy. ationally and financially. We are already sus tracts necessary for such identification, Mr. President, I ask unanimous con- working with the Pakistanis to target those the Secretary of Housing and Urban Develop- sent that the Burr amendment at the who are behind a lot of the attacks against ment shall identify and publish the list of desk be agreed to, the bill, as amended, Afghans and Americans. And I made it very census tracts that meet the requirements of be read a third time and passed, the clear to the Pakistanis that the attack on section 42(d)(5)(B)(ii) of the Internal Revenue motion to reconsider be laid upon the our embassy was an outrage and the attack Code of 1986. table, and any statements relating to on our forward operating base that injured 77 (b) SPECIFICATION OF EFFECTIVE DATES OF the measure be printed in the RECORD. of our soldiers was a similar outrage.’’. DESIGNATION.— The PRESIDING OFFICER. Without (6) At the same hearing, Secretary of State (1) HUBZONE EFFECTIVE DATE.—The Sec- Clinton further stated that ‘‘I think every- retary of Housing and Urban Development, objection, it is so ordered. The amendment (No. 1467) was agreed one agrees that the Haqqani Network has after consultation with the Administrator of safe havens inside Pakistan; that those safe the Small Business Administration, shall to, as follows: havens give them a place to plan and direct designate a date that is not later than 3 (Purpose: To provide that the Act may not operations that kill Afghans and Ameri- months after the publication of the list of be construed to infringe upon the sov- cans.’’. qualified census tracts under subsection (a) ereignty of Pakistan to combat militant or (7) On November 1, 2011, the United States upon which the list published under sub- terrorist groups operating inside the Government added Haji Mali Kahn to a list section (a) becomes effective for areas that boundaries of Pakistan) of specially designated global terrorists qualify as HUBZones under section 3(p)(1)(A) At the end, add the following: under Executive Order 13224. The Depart- of the Small Business Act (15 U.S.C. (c) CONSTRUCTION.—Nothing in this Act ment of State described Khan as ‘‘a Haqqani 632(p)(1)(A)). may be construed to infringe upon the sov- Network commander’’ who has ‘‘overseen (2) SECTION 42 EFFECTIVE DATE.—The Sec- ereignty of Pakistan to combat militant or hundreds of fighters, and has instructed his retary of Housing and Urban Development terrorist groups operating inside the bound- subordinates to conduct terrorist acts.’’ The shall designate a date, which may differ from aries of Pakistan. designation continued, ‘‘Mali Khan has pro- the HUBZone effective date under paragraph The bill (S. 1959), as amended, was or- vided support and logistics to the Haqqani (1), upon which the list of qualified census Network, and has been involved in the plan- tracts published under subsection (a) shall dered to be engrossed for a third read- ing, was read the third time, and ning and execution of attacks in Afghanistan become effective for purposes of section against civilians, coalition forces, and Af- 42(d)(5)(B)(ii) of the Internal Revenue Code of passed, as follows: ghan police’’. According to Jason Blazakis, 1986. S. 1959 the chief of the Terrorist Designations Unit (c) RULE OF CONSTRUCTION.—Nothing in Be it enacted by the Senate and House of Rep- of the Department of State, Khan also has this section may be construed to affect the resentatives of the United States of America in links to al-Qaeda. method used by the Secretary of Housing Congress assembled, (8) Five other top Haqqani Network leaders and Urban Development to designate census SECTION 1. SHORT TITLE. have been placed on the list of specially des- tracts as qualified census tracts in a year in This Act may be cited as the ‘‘Haqqani ignated global terrorists under Executive which the Secretary of Housing and Urban Network Terrorist Designation Act of 2011’’. Order 13224 since 2008, and three of them have Development receives no data from the Cen- SEC. 2. REPORT ON DESIGNATION OF THE been so placed in the last year. Sirajuddin sus Bureau relating to census tract bound- HAQQANI NETWORK AS A FOREIGN Haqqani, the overall leader of the Haqqani aries. TERRORIST ORGANIZATION. Network as well as the leader of the SEC. 3. REPORT. (a) FINDINGS.—Congress makes the fol- Taliban’s Mira shah Regional Military Not later than 1 year after the date of en- lowing findings: Shura, was designated by the Secretary of actment of this Act, the Administrator of (1) A report of the Congressional Research State as a terrorist in March 2008, and in the Small Business Administration shall Service on relations between the United March 2009, the Secretary of State put out a submit to the Committee on Small Business States and Pakistan states that ‘‘[t]he ter- bounty of $5,000,000 for information leading and Entrepreneurship of the Senate and the rorist network led by Jalaluddin Haqqani to his capture. The other four individuals so Committee on Small Business of the House and his son Sirajuddin, based in the FATA, is designated are Nasiruddin Haqqani, Khalil al of Representatives a report that— commonly identified as the most dangerous Rahman Haqqani, Badruddin Haqqani, and (1) describes the benefits and drawbacks of of Afghan insurgent groups battling U.S.-led Mullah Sangeen Zadran. using qualified census tract data to des- forces in eastern Afghanistan’’. (b) REPORT.— ignate HUBZones under section 3(p) of the (2) The report further states that, in mid- (1) REPORT REQUIRED.—Not later than 30 Small Business Act (15 U.S.C. 632(p)); 2011, the Haqqanis undertook several high- days after the date of the enactment of this

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8782 CONGRESSIONAL RECORD — SENATE December 17, 2011 Act, the Secretary of State shall submit to The bill (H.R. 1264) was ordered to a settle long-standing issues of Alaska Native the appropriate committees of Congress— third reading, was read the third time, aboriginal land claims; (A) a detailed report on whether the and passed. Whereas the pioneering work of Alaska Na- Haqqani Network meets the criteria for des- tive leaders has created a lasting legacy of ignation as a foreign terrorist organization f professional and personal success; as set forth in section 219 of the Immigration THE CALENDAR Whereas Alaska Native people have pros- and Nationality Act (8 U.S.C. 1189); and pered from their own initiative and innova- (B) if the Secretary determines that the Mr. REID. Mr. President, I ask unan- tive approaches to fostering economic devel- Haqqani Network does not meet the criteria imous consent that the Senate proceed opment through self-determination; set forth under such section 219, a detailed to the consideration of Calendar No. Whereas Alaska Natives have produced a justification as to which criteria have not 258, H.R. 789, and Calendar No. 259, H.R. significant number of educated Alaska Na- been met. 2422. tives who now serve in positions of leader- (2) FORM.—The report required by para- There being no objection, the Senate ship in the State of Alaska and beyond; graph (1) shall be submitted in unclassified proceeded to consider the bills en bloc. Whereas Alaska Native people have risen form, but may include a classified annex. to the challenge of independently and pro- (3) APPROPRIATE COMMITTEES OF CONGRESS Mr. REID. Mr. President, I ask unan- ductively managing their aboriginal land, DEFINED.—In this subsection, the term ‘‘ap- imous consent that the bills be read a which has fostered sustainable businesses propriate committees of Congress’’ means— third time and passed, the motions to and created employment opportunities for (A) the Committee on Armed Services, the reconsider be laid upon the table, there the people of the United States, both across Committee on Foreign Relations, and the Se- be no intervening action or debate, and the country and globally; lect Committee on Intelligence of the Sen- any statements relating to these mat- Whereas Alaska Native people continue to ate; and ters be printed in the RECORD. serve in positions of leadership in the State (B) the Committee on Armed Services, the The PRESIDING OFFICER. Without of Alaska and beyond; Committee on Foreign Affairs, and the Per- Whereas the dedication and enthusiasm of manent Select Committee on Intelligence of objection, it is so ordered. the next generation of Alaska Native leaders the House of Representatives. f honors the previous generation of Alaska Na- (c) CONSTRUCTION.—Nothing in this Act SERGEANT MATTHEW J. FENTON tive leaders who worked diligently to may be construed to infringe upon the sov- achieve the most significant Native land set- ereignty of Pakistan to combat militant or POST OFFICE tlement in the history of the United States; terrorist groups operating inside the bound- The bill (H.R. 789) to designate the Whereas the next generation of Alaska Na- aries of Pakistan. facility of the United States Postal tive people will continue to make positive f Service located at 20 Main Street in changes in the world around them through Little Ferry, New Jersey, as the ‘‘Ser- acquired leadership skills, cultural advo- JAMES M. FITZGERALD UNITED cacy, and community engagement; STATES COURTHOUSE geant Matthew J. Fenton Post Office,’’ Whereas the people of the United States was ordered to a third reading, was have reason to commemorate the economic read the third time, and passed. and political contributions of Alaska Native DESIGNATING THE ‘‘M.D. f people; and ANDERSON PLAZA’’ Whereas the people of the United States SERGEANT ANGEL MENDEZ POST Mr. REID. Mr. President, I ask unan- have reason to honor the tremendous edu- OFFICE cational, social, political, economic, and cul- imous consent that the Environment tural achievements of the Alaska Native peo- and Public Works Committee be dis- The bill (H.R. 2422) to designate the facility of the United States Postal ple over the past 40 years: Now, therefore, be charged from consideration of S. 1710 it and the Senate proceed to the consider- Service located at 45 Bay Street, Suite Resolved, That the Senate— ation of S. 1710 and H.R. 1264, which is 2, in Staten Island, New York, as the (1) recognizes December 18, 2011, as the 40th at the desk en bloc. ‘‘Sergeant Angel Mendez Post Office,’’ anniversary of the original enactment of the The PRESIDING OFFICER. Without was ordered to a third reading, was Alaska Native Claims Settlement Act (Pub- objection, it is so ordered. read the third time, and passed. lic Law 92–203; 43 U.S.C. 1601 et seq.); (2) recognizes the significant educational, There being no objection, the Senate f economic, political, and cultural contribu- proceeded to consider the bills en bloc. RECOGNIZING THE ALASKA tions of the Alaska Native people over the Mr. REID. Mr. President, I ask unan- NATIVE PEOPLE past 40 years; and imous consent that the bills be read a (3) encourages the people of the United third time and passed, the motion to Mr. REID. Mr. President, I ask unan- States to participate in activities that show reconsider be laid upon the table on imous consent that the Senate proceed support for the success of the Native people both of these matters, and any state- to the consideration of S. Res. 351. and tribes of the State of Alaska. ments related to these measures be The PRESIDING OFFICER. The f clerk will report the resolution by printed in the RECORD. MEASURES READ THE FIRST The PRESIDING OFFICER. Without title. TIME—H.R. 440 AND H.R. 3012 objection, it is so ordered. The assistant legislative clerk read The bill (S. 1710) was ordered to be as follows: Mr. REID. Mr. President, I am told engrossed for a third reading, was read A resolution (S. Res. 351) recognizing the there are two bills at the desk due for the third time, and passed, as follows: accomplishments and commemorating the their first reading. S. 1710 numerous achievements and contributions of The PRESIDING OFFICER. The To designate the United States courthouse the Alaska Native people over the past 40 clerk will read the titles of the bills for located at 222 West 7th Avenue, Anchorage, years. the first time. Alaska, as the James M. Fitzgerald United There being no objection, the Senate The assistant legislative clerk read States Courthouse proceeded to consider the resolution. as follows: Be it enacted by the Senate and House of Mr. REID. Mr. President, I ask unan- A bill (H.R. 440) to provide for the estab- Representatives of the United States of America imous consent that the resolution be lishment of the Special Envoy to Promote in Congress assembled, agreed to, the preamble be agreed to, Religious Freedom of Religious Minorities in SECTION 1. JAMES M. FITZGERALD UNITED and the motions to reconsider be laid the Near East and South Central Asia. STATES COURTHOUSE. upon the table. A bill (H.R. 3012) to amend the Immigra- (a) DESIGNATION.—The United States court- tion and Nationality Act to eliminate the house located at 222 West 7th Avenue, An- The PRESIDING OFFICER. Without per-country numerical limitation for em- chorage, Alaska, shall be known and des- objection, it is so ordered. ployment-based immigrants, to increase the ignated as the ‘‘James M. Fitzgerald United The resolution (S. Res. 351) was per-country numerical limitation for family- States Courthouse’’. agreed to. sponsored immigrants, and for other pur- (b) REFERENCES.—Any reference in a law, The preamble was agreed to. poses. map, regulation, document, paper, or other The resolution, with its preamble, Mr. REID. Mr. President, I now ask record of the United States to the United reads as follows: States courthouse referred to in subsection for a second reading, and object to my (a) shall be deemed to be a reference to the S. RES. 351 own request, all en bloc. ‘‘James M. Fitzgerald United States Court- Whereas on December 18, 1971, Public Law The PRESIDING OFFICER. Objec- house’’. 92–203 (43 U.S.C. 1601 et seq.) was enacted to tion is heard.

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8783 The bills will be read for the second The legislative clerk read as follows: speech and civil liberties for all who time on the next legislative day. Motion to proceed to the bill (S. 968) to use the Internet, and our Nation’s lead- f prevent online threats to economic cre- ing technology employers warn that ativity and theft of intellectual property, this bill presents a clear and present APPOINTMENT and for other purposes. danger to innovation and job growth in The PRESIDING OFFICER. The CLOTURE MOTION an area that is going to be a major Chair, on behalf of the President pro Mr. REID. Mr. President, I have a source of new jobs for this century. tempore, pursuant to Public Law 106– cloture motion which is at the desk. Today, along with Senator MORAN of 398, as amended by Public Law 108–7, The PRESIDING OFFICER. The clo- Kansas and Senator CANTWELL of and upon the recommendation of the ture motion having been presented Washington, I have introduced the republican leader, in consultation with under rule XXII, the Chair directs the OPEN Act. We believe this is a reason- the ranking members of the Senate clerk to read the motion. able and bipartisan alternative to the Committee on Armed Services and the The legislative clerk read as follows: PIPA bill and to the legislation that is Senate Committee on Finance, re- CLOTURE MOTION before the other body, and we hope the appoints the following individual to We, the undersigned Senators, in accord- Senate will take the time to consider the United States-China Economic Se- ance with the provisions of rule XXII of the alternatives before taking action that curity Review Commission: Daniel Standing Rules of the Senate, hereby move could deal an enormous body blow to a Blumenthal of Maryland for a term be- to bring to a close debate on the motion to vital job engine for our economy. ginning January 1, 2012, and expiring proceed to Calendar No. 70, S. 968, a bill to Over the past few weeks, more than 1 prevent online threats to economic cre- December 31, 2013. million Americans have weighed in ativity and theft of intellectual property, strongly in opposition to this legisla- f and for other purposes. Harry Reid, Patrick J. Leahy, Dianne tion. Therefore, I will be working with REPORTING AUTHORITY Feinstein, Bill Nelson, Max Baucus, colleagues on both sides of the aisle Mr. REID. Mr. President, I ask unan- Tom Harkin, Kay R. Hagan, Al over the next month to explain the imous consent that notwithstanding Franken, Jeff Bingaman, Tom Udall, basis for this widespread concern, and I the Senate’s recess, committees be au- Benjamin L. Cardin, Barbara Boxer, intend to follow through on a commit- Herb Kohl, Amy Klobuchar, Mary L. thorized to report legislative and exec- ment that I made more than 1 year ago Landrieu, Tim Johnson, Christopher A. to filibuster this bill when the Senate utive matters on Friday, January 13, Coons. 2012, from 10 a.m. to 12 noon. returns in January. Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without Mr. President, I yield the floor and imous consent that the cloture vote on objection, it is so ordered. suggest the absence of a quorum. the motion to proceed to S. 968 occur The PRESIDING OFFICER. The f at 2:15 p.m. on Tuesday, January 24— clerk will call the roll. APPOINTMENT AUTHORITY that is the day after we start the ses- The assistant legislative clerk pro- sion—and that the mandatory quorum ceeded to call the roll. Mr. REID. Mr. President, I ask unan- under rule XXII be waived. Mr. WYDEN. Madam President, I ask imous consent that notwithstanding The PRESIDING OFFICER. Without unanimous consent the order for the the upcoming recess or adjournment of objection, it is so ordered. quorum call be rescinded. the Senate, the President of the Sen- Mr. REID. Mr. President, this is a bi- The PRESIDING OFFICER. Without ate, the President pro tempore, and the partisan piece of legislation which is objection, it is so ordered. majority and minority leaders be au- extremely important. Senator LEAHY f thorized to make appointments to com- and Senator GRASSLEY have worked missions, committees, boards, con- very hard to get this to the floor. I re- ORDERS FOR TUESDAY, DECEM- ferences, or interparliamentary con- peat, it is bipartisan. I hope we can BER 20, 2011 THROUGH MONDAY, ferences authorized by the law, by con- have a productive couple of days, pass JANUARY 23, 2012 current action of the two Houses, or by this bill, and move on to other matters. Mr. WYDEN. Madam President, I ask order of the Senate. I suggest the absence of a quorum. unanimous consent that when the Sen- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The ate completes its business today, it ad- objection, it is so ordered. clerk will call the roll. journ and convene for pro forma ses- Mr. REID. Mr. President, I suggest The legislative clerk proceeded to sions only, with no business conducted the absence of a quorum. call the roll. on the following dates and times, and The PRESIDING OFFICER. The Mr. WYDEN. Madam President, I ask that following each pro forma session clerk will call the roll. unanimous consent that the order for the Senate adjourn until the following The assistant legislative clerk pro- the quorum call be rescinded. pro forma session: Tuesday, December ceeded to call the roll. The PRESIDING OFFICER (Ms. KLO- 20, at 11 a.m.; Friday, December 23, at Mr. REID. Mr. President, I ask unan- BUCHAR). Without objection, it is so or- 9:30 a.m.; Tuesday, December 27, at 12 imous consent that the order for the dered. p.m.; Friday, December 30, at 11 a.m.; quorum call be rescinded. f and that the second session of the 112th The PRESIDING OFFICER. Without Congress convene on Tuesday, January objection, it is so ordered. PERSONAL INFORMATION 3, at 12 p.m. for a pro forma session PROTECTION ACT f only, with no business conducted, and Mr. WYDEN. Madam President, I un- that following the pro forma session EXECUTIVE CALENDAR derstand cloture has been filed on the the Senate adjourn and convene for pro Mr. REID. Mr. President, the long motion to proceed to the PIPA legisla- forma sessions only, with no business list that I read into the RECORD while tion. As one of the bipartisan group of conducted on the following dates and the Republican leader was here, I failed Senators who strongly objects to pro- times, and that following each pro to note Calendar No. 544. If the Repub- ceeding to this bill, I believe it is im- forma session the Senate adjourn until lican leader were here, he would object portant to begin to outline the very the following pro forma session: Fri- to that. real dangers that are posed by the bill. day, January 6, at 11 a.m.; Tuesday, I wanted the RECORD to reflect that. The primary architects of the Inter- January 10, at 11 a.m.; Friday, January f net and our leading cyber security ex- 13, at 12 p.m.; Tuesday, January 17, at perts have made it clear this legisla- 10:15 a.m.; Friday, January 20, at 2 PROTECT IP ACT OF 2011—MOTION tion will undermine the key tech- p.m.; and that the Senate adjourn on TO PROCEED nologies that prevent fraud and protect Friday, January 20, until 2 p.m. on Mr. REID. Mr. President, I now move consumers on the Internet. Monday, January 23; that following the to proceed to Calendar No. 70, S. 968. Our Nation’s leading first amend- prayer and pledge, the Journal of pro- The PRESIDING OFFICER. The ment scholars have made it clear that ceedings be approved to date, the clerk will report the bill by title. this bill poses a serious threat to morning hour be deemed expired, and

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with S8784 CONGRESSIONAL RECORD — SENATE December 17, 2011 the time for the two leaders be re- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED To be major general STATES OFFICER FOR APPOINTMENT IN THE RESERVE served for their use later in the day; OF THE AIR FORCE TO THE GRADE INDICATED UNDER BRIG. GEN. LYNN A. COLLYAR further, that following any leader re- TITLE 10, U.S.C., SECTIONS 12203 AND 12212: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be brigadier general IN THE UNITED STATES ARMY TO THE GRADE INDICATED marks the Senate be in a period of WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND morning business until 4 p.m., with COL. JOHN P. CURRENTI RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Senators permitted to speak therein THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be lieutenant general for up to 10 minutes each, and that fol- CATED UNDER TITLE 10, U.S.C., SECTION 624: MAJ. GEN. MARY A. LEGERE lowing morning business, the Senate To be brigadier general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT proceed to executive session under the COLONEL JOHN D. BANSEMER TO THE GRADE INDICATED IN THE ARMY NURSE CORPS previous order. COLONEL DAVID B. BEEN UNDER TITLE 10, U.S.C., SECTIONS 3064 AND 3069(B): COLONEL MICHAEL T. BREWER The PRESIDING OFFICER. Without COLONEL THOMAS A. BUSSIERE To be major general objection, it is so ordered. COLONEL CLINTON E. CROSIER COLONEL ALBERT M. ELTON II COL. JIMMIE O. KEENAN COLONEL MICHAEL A. FANTINI f COLONEL TIMOTHY G. FAY IN THE AIR FORCE COLONEL EDWARD A. FIENGA AIR FORCE NOMINATIONS BEGINNING WITH CHRISTINE PROGRAM COLONEL STEVEN D. GARLAND L. BLICEBAUM AND ENDING WITH ABNER PERRY V. COLONEL THOMAS W. GEARY VALENZUELA, WHICH NOMINATIONS WERE RECEIVED BY Mr. WYDEN. The next rollcall vote COLONEL CEDRIC D. GEORGE THE SENATE AND APPEARED IN THE CONGRESSIONAL COLONEL BLAINE D. HOLT RECORD ON NOVEMBER 1, 2011. will be on Monday, January 23, at 5:30 COLONEL SCOTT A. HOWELL AIR FORCE NOMINATIONS BEGINNING WITH JOEL O. COLONEL RONALD L. HUNTLEY p.m. on confirmation of the Gerrard ALMOSARA AND ENDING WITH ANNETTE J. WILLIAMSON, COLONEL ALLEN J. JAMERSON WHICH NOMINATIONS WERE RECEIVED BY THE SENATE nomination. COLONEL JAMES C. JOHNSON AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- COLONEL MARK D. KELLY VEMBER 1, 2011. f COLONEL SCOTT A. KINDSVATER AIR FORCE NOMINATIONS BEGINNING WITH KEITH COLONEL DONALD E. KIRKLAND ALLEN ALLBRITTEN AND ENDING WITH GREGORY S. COLONEL BRUCE H. MCCLINTOCK ADJOURNMENT UNTIL TUESDAY, WOODROW, WHICH NOMINATIONS WERE RECEIVED BY COLONEL MARTHA A. MEEKER THE SENATE AND APPEARED IN THE CONGRESSIONAL DECEMBER 20, 2011, AT 11 A.M. COLONEL JOHN E. MICHEL RECORD ON NOVEMBER 30, 2011. COLONEL CHARLES L. MOORE, JR. AIR FORCE NOMINATIONS BEGINNING WITH CHRISTON Mr. WYDEN. If there is no further COLONEL GREGORY S. OTEY MICHAEL GIBB AND ENDING WITH THAD M. REDDICK, COLONEL JOHN T. QUINTAS business to come before the Senate, I WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COLONEL MICHAEL D. ROTHSTEIN AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- ask unanimous consent that the Sen- COLONEL KEVIN B. SCHNEIDER VEMBER 30, 2011. ate stand adjourned under the previous COLONEL SCOTT F. SMITH COLONEL FERDINAND B. STOSS order. COLONEL JACQUELINE D. VAN OVOST IN THE ARMY COLONEL JAMES C. VECHERY There being no objection, the Senate, ARMY NOMINATIONS BEGINNING WITH MICHAEL S. COLONEL CHRISTOPHER P. WEGGEMAN FUNK AND ENDING WITH JOHN W. RUEGER, WHICH NOMI- at 3:33 p.m., adjourned until Tuesday, COLONEL KEVIN B. WOOTON NATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL SARAH E. ZABEL December 20, 2011, at 11 a.m. PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER IN THE ARMY 30, 2011. f ARMY NOMINATIONS BEGINNING WITH JARROD W. HUD- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SON AND ENDING WITH CHARLES B. WAGENBLAST, CONFIRMATIONS IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHICH NOMINATIONS WERE RECEIVED BY THE SENATE UNDER TITLE 10, U.S.C., SECTION 624: AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- Executive nominations confirmed by To be major general VEMBER 30, 2011. ARMY NOMINATION OF KARI L. CRAWFORD, TO BE the Senate December 17, 2011: BRIG. GEN. MICHAEL J. LALLY III MAJOR. ARMY NOMINATIONS BEGINNING WITH HENRY H. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DEPARTMENT OF STATE BEAULIEU AND ENDING WITH ERIC K. LITTLE, WHICH IN THE UNITED STATES ARMY TO THE GRADE INDICATED NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- JOYCE A. BARR, OF WASHINGTON, A CAREER MEMBER UNDER TITLE 10, U.S.C., SECTION 624: PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- 30, 2011. COUNSELOR, TO BE ASSISTANT SECRETARY OF STATE To be brigadier general ARMY NOMINATIONS BEGINNING WITH DONALD B. (ADMINISTRATION). COLONEL JOHN W. BAKER ABSHER AND ENDING WITH IRENE M. ZOPPI, WHICH MICHAEL ANTHONY MCFAUL, OF CALIFORNIA, TO BE COLONEL MARGARET W. BURCHAM NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY COLONEL RICHARD D. CLARKE, JR. PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER OF THE UNITED STATES OF AMERICA TO THE RUSSIAN COLONEL ROGER L. CLOUTIER, JR. 30, 2011. FEDERATION. COLONEL TIMOTHY R. COFFIN ARMY NOMINATIONS BEGINNING WITH JAMES S. DEPARTMENT OF DEFENSE COLONEL PEGGY C. COMBS ARANYI AND ENDING WITH MARK A. YOUNG, WHICH COLONEL BRUCE T. CRAWFORD NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BRAD CARSON, OF OKLAHOMA, TO BE GENERAL COUN- COLONEL JASON T. EVANS PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER SEL OF THE DEPARTMENT OF THE ARMY. COLONEL STEPHEN E. FARMEN 30, 2011. MICHAEL A. SHEEHAN, OF NEW JERSEY, TO BE AN AS- COLONEL JOHN G. FERRARI ARMY NOMINATIONS BEGINNING WITH MITCHELL J. SISTANT SECRETARY OF DEFENSE. COLONEL KIMBERLY FIELD ABEL AND ENDING WITH THOMAS M. ZUBIK, WHICH NOMI- COLONEL DUANE A. GAMBLE NATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE AIR FORCE COLONEL RYAN F. GONSALVES PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER COLONEL WAYNE W. GRIGSBY, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 30, 2011. COLONEL STEVEN R. GROVE IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- ARMY NOMINATIONS BEGINNING WITH NANCY L. DAVIS COLONEL WILLIAM B. HICKMAN CATED UNDER TITLE 10, U.S.C., SECTION 12203: AND ENDING WITH SHEILA VILLINES, WHICH NOMINA- COLONEL CHRISTOPHER P. HUGHES TIONS WERE RECEIVED BY THE SENATE AND APPEARED To be brigadier general COLONEL DANIEL P. HUGHES IN THE CONGRESSIONAL RECORD ON NOVEMBER 30, 2011. COLONEL DANIEL L. KARBLER ARMY NOMINATION OF GENEVIEVE L. COSTELLO, TO BE COL. MERLE D. HART COLONEL RONALD F. LEWIS MAJOR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL JAMES B. LINDER ARMY NOMINATIONS BEGINNING WITH ROBERT J. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL MICHAEL D. LUNDY NEWSOM AND ENDING WITH RICHARD Y. YOON, WHICH CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE COLONEL DAVID K. MACEWEN NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION COLONEL TODD B. MCCAFFREY PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER 601: COLONEL PAUL M. NAKASONE 30, 2011. COLONEL PAUL A. OSTROWSKI ARMY NOMINATIONS BEGINNING WITH RICHARD A. To be lieutenant general COLONEL LAURA J. RICHARDSON DANIELS AND ENDING WITH STEPHEN M. LANGLOIS, COLONEL STEVEN A. SHAPIRO LT. GEN. FRANK GORENC WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COLONEL JAMES E. SIMPSON AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL MARK R. STAMMER VEMBER 30, 2011. IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- COLONEL MICHAEL C. WEHR ARMY NOMINATIONS BEGINNING WITH ARTHUR E. CATED UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL ERIC P. WENDT RABENHORST AND ENDING WITH STEVEN J. SVABEK, To be brigadier general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE UNITED STATES ARMY TO THE GRADE INDICATED AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- COL. BRIAN E. DOMINGUEZ UNDER TITLE 10, U.S.C., SECTION 624: VEMBER 30, 2011.

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00040 Fmt 0637 Sfmt 9801 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with December 17, 2011 CONGRESSIONAL RECORD — SENATE S8785

ARMY NOMINATION OF HARVEY D. HUDSON, TO BE NAVY NOMINATION OF THOMAS P. ENGLISH, TO BE FOREIGN SERVICE MAJOR. LIEUTENANT COMMANDER. ARMY NOMINATION OF WILLIAM H. CAROTHERS, TO BE NAVY NOMINATIONS BEGINNING WITH RICHARD A. ACK- FOREIGN SERVICE NOMINATIONS BEGINNING WITH MAJOR. ERMAN AND ENDING WITH ADAM I. ZAKER, WHICH NOMI- JOHN ROSS BEYRLE AND ENDING WITH DANIEL J. ARMY NOMINATIONS BEGINNING WITH TODD S. NATIONS WERE RECEIVED BY THE SENATE AND AP- WEBER, WHICH NOMINATIONS WERE RECEIVED BY THE ALBRIGHT AND ENDING WITH D001765, WHICH NOMINA- PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER SENATE AND APPEARED IN THE CONGRESSIONAL TIONS WERE RECEIVED BY THE SENATE AND APPEARED 30, 2011. RECORD ON SEPTEMBER 15, 2011. IN THE CONGRESSIONAL RECORD ON DECEMBER 5, 2011. FOREIGN SERVICE NOMINATIONS BEGINNING WITH ARMY NOMINATIONS BEGINNING WITH LARRINGTON R. TIMOTHY M. BASHOR AND ENDING WITH RAFAELA CONNELL AND ENDING WITH RICARDO J. VENDRELL, NATIONAL OCEANIC AND ATMOSPHERIC ZUIDEMA, WHICH NOMINATIONS WERE RECEIVED BY THE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ADMINISTRATION SENATE AND APPEARED IN THE CONGRESSIONAL AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- RECORD ON OCTOBER 3, 2011. CEMBER 5, 2011. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- TION NOMINATIONS BEGINNING WITH BENJAMIN M. PUBLIC HEALTH SERVICE IN THE NAVY LACOUR AND ENDING WITH BRIAN D. PRESTCOTT, WHICH PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING NAVY NOMINATION OF ANDREW K. LEDFORD, TO BE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WITH JOSE G. BAL AND ENDING WITH KENDRA J. VIEIRA, LIEUTENANT COMMANDER. PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATION OF MATTHEW R. LOE, TO BE LIEU- 5, 2011. AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- TENANT COMMANDER. VEMBER 8, 2011.

VerDate Mar 15 2010 07:28 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00041 Fmt 0637 Sfmt 9801 E:\RECORD11\RECFILES\DECEMBER\S17DE1.REC S17DE1 bjneal on DSK2TWX8P1PROD with Saturday, December 17, 2011 Daily Digest

HIGHLIGHTS Senate passed H.R. 3630, Middle Class Tax Relief and Job Creation Act, as amended. Senate passed H.R. 3672, Disaster Relief Appropriations Act. Senate agreed to the conference report to accompany H.R. 2055, Omni- bus Appropriations Act. Senate Combat Mission in Iraq: Senate agreed to S. Res. Chamber Action 349, commemorating and honoring the service and Routine Proceedings, pages S8745–S8785 sacrifice of members of the United States Armed Measures Introduced: Five bills and three resolu- Forces and their families as the official combat mis- tions were introduced, as follows: S. 2027–2031, and sion in Iraq draws to a close. Pages S8759–60 S. Res. 349–351. Page S8775 Further Continuing Appropriations: Senate Measures Reported: passed H.J. Res. 95, making further continuing ap- Special Report entitled ‘‘Further Revised Alloca- propriations for fiscal year 2012. Page S8780 tion to Subcommittees of Budget Totals for Fiscal HUBZone Qualified Census Tract Act: Com- Year 2012’’. (S. Rept. No. 112–102) Page S8775 mittee on Banking, Housing, and Urban Affairs was discharged from further consideration of S. 1874, to Measures Passed: require the timely identification of qualified census Middle Class Tax Relief and Job Creation Act: tracts for purposes of the HUBZone program, and Senate passed H.R. 3630, to extend the payroll tax the bill was then passed. Pages S8780–81 holiday, unemployment compensation, Medicare Haqqani Network Terrorist Designation Act: physician payment, provide for the consideration of Committee on Foreign Relations was discharged the Keystone XL pipeline, after agreeing to the mo- from further consideration of S. 1959, to require a tion to proceed, and taking action on the following report on the designation of the Haqqani Network amendments proposed thereto: Pages S8748–53 as a foreign terrorist organization, and the bill was Adopted: then passed, after agreeing to the following amend- By 89 yeas to 10 nays (Vote No. 232), Reid/ ment proposed thereto: Pages S8781–82 McConnell Amendment No. 1465, in the nature of Reid (for Burr) Amendment No. 1467, to provide a substitute. (A unanimous-consent agreement was that the Act may not be construed to infringe upon reached providing that the amendment, having the sovereignty of Pakistan to combat militant or achieved 60 affirmatives votes, be agreed to.) terrorist groups operating inside the boundaries of Pages S8748–49 Pakistan. Pages S8781–82 Reid Amendment No. 1466, to amend the title. James M. Fitzgerald United States Courthouse: Pages S8752–53 Committee on Environment and Public Works was Disaster Relief Appropriations Act: By 72 yeas discharged from further consideration of S. 1710, to to 27 nays (Vote No. 233), Senate passed H.R. designate the United States courthouse located at 3672, making appropriations for disaster relief re- 222 West 7th Avenue, Anchorage, Alaska, as the quirements for the fiscal year ending September 30, James M. Fitzgerald United States Courthouse, and 2012. (A unanimous-consent agreement was reached the bill was then passed. Page S8782 providing that the bill, having achieved 60 M.D. Anderson Plaza: Senate passed H.R. 1264, affirmatives votes, pass). Page S8759 to designate the property between the United States D1382

VerDate Mar 15 2010 02:24 Dec 18, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D17DE1.REC D17DEPT1 jbell on DSK7SPTVN1PROD with DIGEST December 17, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1383

Federal Courthouse and the Ed Jones Building lo- that the conference report having achieved 60 cated at 109 South Highland Avenue in Jackson, affirmatives votes, be agreed to.) Tennessee, as the ‘‘M.D. Anderson Plaza’’ and to au- Pages S8753–59, S8760 thorize the placement of a historical/identification House Messages: marker on the grounds recognizing the achievements Sugar Loaf Fire Protection District Land Ex- and philanthropy of M.D. Anderson. Page S8782 change Act: Senate concurred in the amendment of Sergeant Matthew J. Fenton Post Office: Senate the House of Representatives to S. 278, to provide passed H.R. 789, to designate the facility of the for the exchange of certain land located in the Arap- United States Postal Service located at 20 Main aho-Roosevelt National Forests in the State of Colo- Street in Little Ferry, New Jersey, as the ‘‘Sergeant rado. Page S8780 Matthew J. Fenton Post Office’’. Page S8782 Appointments: Sergeant Angel Mendez Post Office: Senate United States-China Economic Security Review passed H.R. 2422, to designate the facility of the Commission: The Chair, on behalf of the President United States Postal Service located at 45 Bay Street, pro tempore, pursuant to Public Law 106–398, as Suite 2, in Staten Island, New York, as the ‘‘Ser- amended by Public Law 108–7, and upon the rec- geant Angel Mendez Post Office’’. Page S8782 ommendation of the Republican Leader, in consulta- Recognizing the Accomplishments of the Alaska tion with the Ranking Members of the Senate Com- Native People: Senate agreed to S. Res. 351, recog- mittee on Armed Services and the Senate Committee nizing the accomplishments and commemorating the on Finance, reappointed the following individual to numerous achievements and contributions of the the United States-China Economic Security Review Alaska Native people over the past 40 years. Commission: Page S8782 Daniel Blumenthal of Maryland for a term begin- ning January 1, 2012 and expiring December 31, Measures Failed: 2013. Page S8783 Offset for Disaster Funding: By 43 yeas to 56 Authority for Committees—Agreement: A unani- nays (Vote No. 234), Senate failed to agree to H. mous-consent agreement was reached providing that, Con. Res. 94, directing the Clerk of the House of notwithstanding the recess of the Senate, committees Representatives to make corrections in the enroll- be authorized to report legislative and executive ment of H.R. 3672. (A unanimous-consent agree- matters on Friday, January 13th, 2012, from 10:00 ment was reached providing that the concurrent res- a.m. until 12:00 noon. Page S8783 olution, having failed to achieve 60 affirmatives Authorizing Leadership to Make Appoint- votes, was not agreed to). Page S8759 ments—Agreement: A unanimous-consent agree- Measures Considered: ment was reached providing that, notwithstanding Protect IP Act—Cloture: Senate began consider- the upcoming recess, or adjournment of the Senate, ation of the motion to proceed to consideration of S. the President of the Senate, the President Pro Tem- 968, to prevent online threats to economic creativity pore, and the Majority and Minority Leaders be au- and theft of intellectual property. Page S8783 thorized to make appointments to commissions, A motion was entered to close further debate on committees, boards, conferences, or interparliamen- the motion to proceed to consideration of the bill, tary conferences authorized by law, by concurrent ac- and, in accordance with the provisions of Rule XXII tion of the two Houses, or by order of the Senate. of the Standing Rules of the Senate, and pursuant to Page S8783 the unanimous-consent agreement of Saturday, De- Pro Forma Sessions—Agreement: A unanimous- cember 17, 2011, a vote on cloture will occur at consent agreement was reached providing that when 2:15 p.m., on Tuesday, January 24, 2012. the Senate completes its business today, it adjourn Page S8783 and convene for pro forma sessions only with no business conducted on the following dates and times Conference Reports: and that following each pro forma session, the Senate Omnibus Appropriations Act Conference Report: adjourn until the following pro forma session: Tues- By 67 yeas to 32 nays (Vote No. 235), Senate agreed day, December 20, 2011 at 11 a.m., Friday, Decem- to the conference report to accompany H.R. 2055, ber 23, 2011 at 9:30 a.m., Tuesday, December 27, making appropriations for military construction, the 2011 at 12 p.m., Friday, December 30, 2011 at 11 Department of Veterans Affairs, and related agencies a.m.; and that the 2nd session of the 112th Congress for the fiscal year ending September 30, 2012. (A convene on Tuesday, January 3, 2012 at 12 p.m., for unanimous-consent agreement was reached providing a pro forma session only with no business conducted

VerDate Mar 15 2010 02:24 Dec 18, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D17DE1.REC D17DEPT1 jbell on DSK7SPTVN1PROD with DIGEST D1384 CONGRESSIONAL RECORD — DAILY DIGEST December 17, 2011

and that following the pro forma session, the Senate Steve Six, of Kansas, to be United States Circuit adjourn and convene for pro forma sessions only with Judge for the Tenth Circuit. no business conducted on the following dates and Rebecca R. Wodder, of Virginia, to be Assistant times and that following each pro forma session, the Secretary for Fish and Wildlife. Senate adjourn until the following pro forma session: Richard Cordray, of Ohio, to be Director, Bureau Friday, January 6, 2012 at 11 a.m., Tuesday, Janu- of Consumer Financial Protection for a term of five ary 10, 2012 at 11 a.m., Friday, January 13, 2012 years. Page S8769 at 12 p.m., Tuesday, January 17, 2012 at 10:15 Nominations Confirmed: Senate confirmed the fol- a.m., Friday, January 20, 2012 at 2 p.m.; and that lowing nominations: the Senate adjourn on Friday, January 20, 2012 until Joyce A. Barr, of Washington, to be Assistant Sec- 2 p.m. on Monday, January 23, 2012. Pages S8783–84 retary of State (Administration). Gerrard Nomination—Agreement: A unanimous- Michael Anthony McFaul, of California, to be consent-time agreement was reached providing that Ambassador to the Russian Federation. at 4 p.m., on Monday, January 23, 2012, Senate Brad Carson, of Oklahoma, to be General Counsel begin consideration of the nomination of John M. of the Department of the Army. Gerrard, of Nebraska, to be United States District Michael A. Sheehan, of New Jersey, to be an As- Judge for the District of Nebraska; that there be 90 sistant Secretary of Defense. minutes for debate; 60 minutes divided in the usual 39 Air Force nominations in the rank of general. form, and 30 minutes under the control of Senator 36 Army nominations in the rank of general. Sessions; that upon the use or yielding back of time, Routine lists in the Air Force, Army, Foreign Senate vote, without intervening action or debate, on Service, National Oceanic and Atmospheric Admin- confirmation of the nomination; and that no further istration, Navy, and Public Health Service. motions be in order. Page S8769 Pages S8769–73, S8784–85 Nominations in Status Quo—Agreement: A Messages from the House: Page S8774 unanimous-consent agreement was reached providing Measures Referred: Page S8774 that all the nominations received by the Senate dur- Measures Read the First Time: ing the 112th Congress, first session, remain in sta- Pages S8774–75, S8782–83 tus quo, notwithstanding the provisions of Rule Executive Reports of Committees: Page S8775 XXX1, paragraph 6, of the Standing Rules of the Additional Cosponsors: Page S8775 Senate, with the following exceptions: Statements on Introduced Bills/Resolutions: Victoria Frances Nourse, of Wisconsin, to be Pages S8775–76 United States Circuit Judge for the Seventh Circuit. Amendments Submitted: Pages S8776–80 Caitlin Joan Halligan, of New York, to be United Record Votes: Four record votes were taken today. States Circuit Judge for the District of Columbia (Total—235) Pages S8748–49, S8759–60 Circuit. Adjournment: Senate convened at 9 a.m. and ad- Louis B. Butler, Jr., of Wisconsin, to be United journed at 3:33 p.m., until 11 a.m. on Tuesday, De- States District Judge for the Western District of cember 20, 2011. (For Senate’s program, see the re- Wisconsin. marks of the Acting Majority Leader in today’s Michael Charles Green, of New York, to be Record on page S8784.) United States District Judge for the Western Dis- trict of New York. V. Natasha Perdew Silas, of Georgia, to be United Committee Meetings States District Judge for the Northern District of (Committees not listed did not meet) Georgia. Linda T. Walker, of Georgia, to be United States BUSINESS MEETING District Judge for the Northern District of Georgia. Committee on Finance: Committee ordered favorably Philip E. Coyle III, of California, to be an Asso- reported the nominations of Mary John Miller, of ciate Director of the Office of Science and Tech- Maryland, to be an Under Secretary, and Alastair M. nology Policy. Fitzpayne, of Maryland, to be a Deputy Under Sec- retary, both of the Department of the Treasury, William J. Boarman, of Maryland, to be Public Kathleen Kerrigan, of Massachusetts, to be a Judge Printer (Recess Appointment). of the United States Tax Court, and Henry J. Aaron, Arvo Mikkanen, of Oklahoma, to be United States of the District of Columbia, to be a Member of the District Judge for the Northern District of Okla- Social Security Advisory Board, Social Security Ad- homa. ministration.

VerDate Mar 15 2010 02:24 Dec 18, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 5627 E:\CR\FM\D17DE1.REC D17DEPT1 jbell on DSK7SPTVN1PROD with DIGEST December 17, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1385 House of Representatives Chamber Action COMMITTEE MEETINGS FOR MONDAY, The House was not in session today. The House DECEMBER 19, 2011 is scheduled to meet on Monday, December 19, (Committee meetings are open unless otherwise indicated) 2011 at 10 a.m. Senate Committee Meetings No meetings/hearings scheduled. No hearings were held. House Joint Meetings No hearings are scheduled. No joint committee meetings were held.

VerDate Mar 15 2010 02:24 Dec 18, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D17DE1.REC D17DEPT1 jbell on DSK7SPTVN1PROD with DIGEST D1386 CONGRESSIONAL RECORD — DAILY DIGEST December 17, 2011

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Tuesday, December 20 10 a.m., Monday, December 19

Senate Chamber House Chamber Program for Tuesday: Senate will meet in a pro forma Program for Monday: The House will meet in pro session. forma session at 10 a.m.

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through the U.S. Government Printing Office at www.fdsys.gov, free of charge to the user. The information is updated online each day the Congressional Record is published. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202–512–1800, or 866–512–1800 (toll-free). E-Mail, [email protected]. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000, or phone orders to 866–512–1800 (toll-free), 202–512–1800 (D.C. area), or fax to 202–512–2104. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Mar 15 2010 02:24 Dec 18, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0664 Sfmt 0664 E:\CR\FM\D17DE1.REC D17DEPT1 jbell on DSK7SPTVN1PROD with DIGEST