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

Vol. 158 WASHINGTON, THURSDAY, MARCH 22, 2012 No. 48 Senate The Senate met at 9:30 a.m. and was from the State of New Mexico, to perform major under orders from his com- called to order by the Honorable TOM the duties of the Chair. mander—a caravan of military vehicles UDALL, a Senator from the State of DANIEL K. INOUYE, across the country that the roads were New Mexico. President pro tempore. awful. So he remembered that all dur- Mr. UDALL of New Mexico thereupon ing his military service. When he be- PRAYER assumed the chair as Acting President came President of the United States, The Chaplain, Dr. Barry C. Black, of- pro tempore. he decided something needed to be fered the following prayer: f done about that. The Interstate High- way System was the brainchild of Let us pray. RECOGNITION OF THE MAJORITY Dwight Eisenhower. Now the Repub- Eternal God, the captain of our souls, LEADER You know every temptation and trial licans in the House are talking as if it we face. Give our lawmakers today the The ACTING PRESIDENT pro tem- is some socialist program that was de- wisdom to be good stewards of the pore. The majority leader is recog- veloped at Harvard or some other radi- bounties You have given and to trust nized. cally liberal place. I can’t imagine You to deliver them from evil. Make f what their mindset is. BARBARA BOXER, one of the most lib- them pure enough to use wisely the SCHEDULE wealth we call ours, as they remember eral Members of this body, and JIM that to whom much is given, much will Mr. REID. Mr. President, following INHOFE, one of the most conservative be required. Allow no hunger for at- leader remarks, the Senate will be in a Members, came together on a bill that tainment nor thirst of ambition to period of morning business for 1 hour. we passed on a bipartisan basis in the drive them to align themselves with The majority will control the first half, Senate. The vast majority of the wrong. Lord, strengthen them to serve the Republicans the final half. Democrats voted for it, and the vast You this day with right choices and un- Following that morning business, the majority of Republicans voted for it. It swerving loyalty. Senate will resume consideration of is a good bill that will save or create We pray in Your merciful Name. the capital formation bill. 2.8 million jobs. But over in that big Amen. The filing deadline for second-degree dark hole we now refer to as the tea amendments to the motion to concur party-dominated House of Representa- f with respect to the STOCK Act is 10:30 tives, they couldn’t do it. They PLEDGE OF ALLEGIANCE this morning. couldn’t agree on it. They couldn’t At about 12:30 p.m. today, there will agree even on their own bill. They de- The Honorable TOM UDALL led the be seven rollcall votes, including com- stroyed their own bill. Now they will Pledge of Allegiance as follows: pletion of the IPO bill, the STOCK Act, not even agree to take up our bill. I pledge allegiance to the Flag of the and three judicial nominations. The funding for our highway system United States of America, and to the Repub- lic for which it stands, one nation under God, f terminates at the end of this month. I indivisible, with liberty and justice for all. am not inclined to go for the short- JOBS CREATION term extension they are going to send f Mr. REID. Mr. President, I was dis- to us. They are going to have to feel APPOINTMENT OF ACTING appointed to see in the newspaper this the heat of the American people—they PRESIDENT PRO TEMPORE morning and hear on the news that Re- meaning the tea party-driven House of publicans in the House have decided to Representatives. The PRESIDING OFFICER. The not mess with our highway bill—a bill The initial public offering legislation clerk will please read a communication on which we spent 5 weeks. The high- will be on the floor and debated for the to the Senate from the President pro way bill is a piece of bipartisan legisla- last time in just a short time. It will tempore (Mr. INOUYE). tion that will save a great 2.8 million pass. The bill is far from perfect, but it The assistant legislative clerk read jobs. The House of Representatives is is a good bill. It will help capital for- the following letter: so disorganized and in such a state of mation, and I am glad we are able to U.S. SENATE, disrepair that they can’t even extend pass it on to the House. I am hopeful, PRESIDENT PRO TEMPORE, the highway bill. I don’t know what is with the good work done by Senator Washington, DC, March 22, 2012. To the Senate: in their minds. MERKLEY, Senator WARNER, Senator Under the provisions of rule I, paragraph 3, This program was started by a rad- BENNET and others, the minority will of the Standing Rules of the Senate, I hereby ical liberal Dwight Eisenhower, who wrap their arms around this and pass appoint the Honorable TOM UDALL, a Senator decided after having brought—as a it. I hope they will agree to pass the

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

S1955

.

VerDate Mar 15 2010 23:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.000 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1956 CONGRESSIONAL RECORD — SENATE March 22, 2012 Reed amendment. We will soon know today who have no insurance just like In Nevada, thousands of children about that. The bill is going to be gone my family had no insurance when I was with preexisting conditions would, and sent to the President soon if the growing up. We didn’t go to the doctor. once again, as I have indicated, be House agrees to pass this legislation. We had no insurance. The only time I without the ability to be taken care of f can remember going to the doctor was when they are sick. when I was deathly ill—literally death- Almost 23,000 young adults in Nevada HEALTH CARE ly ill. would once again have to defer their Mr. REID. Mr. President, 2 years ago My parents had no car, and I had dreams to take a job or, as I just indi- tomorrow President Obama signed the something wrong. I had been sick for a cated, go to college or risk going with- Patient Protection and Affordable Care long time. My brother had somebody out any care. Act into law. It was the greatest single visit him, and my mother asked if they If Republicans have their way, our step in generations toward ensuring ac- would be good enough to take us over seniors will pay for more prescriptions cess to affordable quality health care to the hospital, which was 50 miles and checkups. We have had about a for every American, regardless of away. They did, and I had a growth on quarter of a million Nevada seniors where they live or how much money one of my intestines. I was very, very who now get wellness visits, cancer they make. sick. screenings, and other preventive serv- Millions and millions of Americans There are many people today just ices. If this goes away, it will not hap- have already felt the benefit of this like I was as a little boy; they have no pen anymore. law. Seniors are saving money—mil- insurance, and they may have the same Tens of thousands of seniors who lions and millions of dollars—on their situation I had, with no transportation saved millions and millions of dollars prescriptions and their free checkups. and having a visitor take them to the in Nevada alone on prescription drugs The doughnut hole is rapidly dis- nearest emergency room. That is what last year will once again be forced to appearing because of this law. happened to me. In my case, the emer- choose between buying food and buying Insurance companies can no longer gency room was 50 miles away. medicine. If Republicans have their set arbitrary lifetime caps on benefits, Unfortunately, Republicans continue way, taxes will increase for small busi- putting millions of Americans one car to target the rights and benefits guar- nesses. So will the deficit. Repealing accident or heart attack away from anteed under that law. If Republicans health care reform would add almost bankruptcy. People think they are in have their way, insurance companies $1.5 trillion to the Federal debt—not good shape; they have a health insur- will once again be allowed to deny care billion, trillion. But when Democrats ance policy. Then they get into a car to sick children because they have undertook health care reform, it accident or they get cancer or some asthma or diabetes or some of the wasn’t just about saving money, it was other dread disease and they are in the other situations young people get. In about saving lives, and we did that. process of being taken care of and they Nevada, thousands of children with While the numbers I have just dis- are told their bills are not going to be preexisting conditions would once cussed are very important, there is one paid anymore; their limit is $10,000 or again be at the whim of insurance com- number that matters more than all the $50,000 and insurance stopped paying panies that care more about making others: 45,000. In the year 2011, 45,000 the benefits. Under this legislation that can no money than about making people bet- Americans died because they lacked longer be done. That is why the Presi- ter. If Republicans have their way, health insurance. That is almost 1,000 a dent signed the bill. Under this legisla- young adults just out of college will be week. That doesn’t include the tens of tion that is now law, children can no kicked off their parents’ insurance thousands more who are sick or dying longer be denied insurance because plans. That is also something I know because they have health insurance but they have preexisting conditions. The exists today. still can’t afford the care they need. In the little town of Searchlight, protection will soon extend to all After the rest of the affordable care where I have my home, a young man 1 Americans, and in 2 short years—in act has taken affect over the next 1 ⁄2 fact, less time than that—virtually named Jeff wanted to go to school. He or 2 years, no American will have to every man, woman, and child in Amer- started at community college and was bear what President Lyndon Johnson ica will have access to the health in- doing pretty well when he got pain in called ‘‘the injustice which denies the surance they can afford and the vital his groin. At first it started out as a miracle of healing to the old and to the care they need. They will have the little ache, and then it got to the point poor.’’ President Johnson knew that same kind of insurance the Presiding that he couldn’t take it anymore. But living in a country with the best med- Officer and I have—basically the same because he was at an age where he was ical care in the world doesn’t matter if insurance. People rail against this plan no longer able to stay on his parents’ people can’t access that care. of President Obama’s. I haven’t seen a insurance policy, he didn’t know where That is why almost 47 years ago he single one of the Republicans rail to go. So he went to the so-called coun- signed Medicare into law. On that day against this law saying: We don’t want ty hospital, indigent hospital. He was in July, President Johnson celebrated our insurance because it is government diagnosed with having testicular can- an American tradition that ‘‘calls upon insurance. cer. He had been on his dad’s insurance us never to be indifferent toward de- Every Member of the Senate has the policy, but he arrived at an age where spair. It commands us never to turn same insurance that we are by law giv- he was no longer eligible. His parents away from helplessness. It directs us ing to everyone in America. So my Re- certainly did not have much. His moth- never to ignore or to spurn those who publican colleagues who berate this er worked part time in a post office, suffer untended in a land that is burst- bill, let them drop their government and his dad worked at a steam-gener- ing with abundance.’’ insurance. If they hate this coverage so ating plant 50 miles away from Search- So we saved $500 billion in wasteful much that we are trying to give to the light. So they begged—I am stretching programs and other things in Medicare, American people, they can drop what a little bit—but they borrowed and bor- we extended the life of it for a dozen they have because it is the same thing rowed and borrowed to take care of his years, and gave seniors the things I basically. two surgeries, a number of hospital have talked about today: Filling the No longer will hundreds of millions of visitations, chemotherapy. They paid doughnut hole, prescription drugs, Americans live in fear of losing their for that—thousands and thousands of wellness checks, and all the other insurance because they lose their jobs, dollars that they had to find a way to things that are so important to them. and no longer will tens of millions rely pay for for their boy. The affordable care act continues the on the only care they know exists—an Under the law that is now in exist- tradition President Johnson celebrated emergency room. The most expensive ence, young people can stay on their because it calls upon us never to be in- care in America is an emergency room parents’ insurance policy for 3 or 4 different toward despair, commands us visit. Some people go without care be- years more, allowing many who are fin- to never turn away from helplessness, cause they have no insurance at all. ishing college to go find a job while and directs us to never ignore or to This is not just a story I have heard staying on their parents’ insurance pol- spurn those who suffer untended in a from other people. There are people icy. land that is bursting with abundance.

VerDate Mar 15 2010 23:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.001 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1957 The law makes certain that the rich- done. Let’s get it to the President’s around us. It is time the President ac- est Nation in this great world of ours desk and have him sign it into law. knowledged it, and it is time the two never again turns its back on the de- f parties came together and did some- spair, helplessness, and many times thing about it. HEALTH CARE hopelessness and suffering of the least It is time to repeal ObamaCare and among us. It guarantees no insurance Mr. MCCONNELL. Mr. President, yes- replace it with the kind of common- company will ever again be putting a terday I outlined a number of the bro- sense reforms Americans want—re- pricetag on human life. ken promises we have seen in connec- forms that actually lower costs and Mr. President, I suggest the absence tion with the new ObamaCare law: which put health care back in the of a quorum. from the promise of being able to keep hands of individuals and their doctors The ACTING PRESIDENT pro tem- the plan you have and like, to the rather than bureaucrats in Wash- pore. The clerk will call the roll. promise of protecting Medicare, to the ington. The assistant legislative clerk pro- promise of lowering premiums, to the Mr. President, I yield the floor. promise of lowering health care costs. ceeded to call the roll. f Mr. MCCONNELL. Mr. President, I Democrats also said taxes would not go ask unanimous consent that the order up and existing conscience protections RESERVATION OF LEADER TIME for the quorum call be rescinded. would be respected. The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- Looking back, it seems like there pore. Under the previous order, the pore. Without objection, it is so or- was not anything our Democratic leadership time is reserved. dered. friends, including the President, were not willing to promise in order to get f f the bill across the finish line. But there MORNING BUSINESS RECOGNITION OF THE MINORITY is another category of disappointments The ACTING PRESIDENT pro tem- LEADER too; that is, in all the aspects of this bill Democrats did not even talk about pore. Under the previous order, the The ACTING PRESIDENT pro tem- Senate will be in a period of morning pore. The Republican leader is recog- before it passed. We all remember when Speaker business for 1 hour, with Senators per- nized. mitted to speak therein for up to 10 PELOSI famously said: We have to pass f this bill so we can find out what is in minutes each, with the time equally di- vided and controlled between the two ORDER OF PROCEDURE it. One of the things Americans found out about was something called the leaders or their designees, with the ma- Mr. MCCONNELL. Mr. President, I IPAB—the Independent Payment Advi- jority controlling the first half and the ask unanimous consent that Senator sory Board. This is an unelected, unac- Republicans controlling the final half. GRASSLEY be allocated 45 minutes of countable board of bureaucrats empow- The Senator from Iowa is recognized. the Republican time during the debate ered by this law to make additional f on H.R. 3606. cuts to Medicare based on arbitrary AFFORDABLE CARE ACT The ACTING PRESIDENT pro tem- cost control targets. As a result of this pore. Without objection, it is so or- new board, 15 bureaucrats would now Mr. HARKIN. Again, Mr. President, dered. have the power—without any account- tomorrow we celebrate the second an- f ability whatsoever—to make changes niversary of the signing of the afford- to Medicare. able care act into law. Our Democratic JOBS ACT What is more, there is no judicial or leader, Senator REID, in his opening re- Mr. MCCONNELL. Mr. President, administrative review of IPAB per- marks today, outlined the tremendous later today the Senate will take up and sonnel or recommendations. In other progress we have made. I listened to attempt to pass the JOBS Act. So we words, they are accountable to no one. the comments made by our distin- find ourselves once again on the cusp of IPAB is not answerable to voters, and guished Republican leader, and all I passing a bipartisan jobs package that it cannot be challenged in the courts. heard was: Repeal ObamaCare, repeal will make it easier for entrepreneurs Its main role, as the Wall Street ObamaCare. and innovators to get the capital they Journal editorial board put it, will be But I never heard what they want to need to build businesses and create ‘‘the inevitable dirty work of denying replace it with. They just want to go jobs. care’’—‘‘the inevitable dirty work of back to the old system where the in- As I said yesterday, this bill had denying care.’’ surance companies ran everything be- overwhelming bipartisan support over In an effort to control spending, fore, where people were thrown off in the House. Nearly 400 Members IPAB will limit patient access to med- their policies because they had an ill- voted for it, and the President himself ical care. It is that simple and, frankly, ness, where because of preexisting con- says it will create jobs. He supports it, it is totally unacceptable. ditions people could not get health care and he would sign it when we get it to Republicans recognize the problem coverage, where we had this big dough- him. with Medicare spending and the need nut hole which we are now closing for Yet for some reason some in the for reform. We also recognize that the elderly? Democratic-controlled Senate seem in- IPAB is not the answer. The one aspect I want to focus on tent on slowing it down. Others want This is just one more reason this morning in my brief time is an ex- to essentially take a step actually ObamaCare needs to be repealed and traordinary element of the affordable backward and undermine a critical pro- replaced, and that is why even Demo- care act that is not being talked about vision sponsored by Senators TOOMEY, crats are cosponsoring a bill to repeal a lot but which members of the com- CARPER, and HUTCHISON included in the it over in the House, calling it ‘‘a mittee I now am privileged to chair, House bill, and that was just this week, flawed policy that will risk beneficiary the HELP Committee, worked so hard endorsed by the SEC’s Forum on Small access to care.’’ So this is not just a to include in the affordable care act; Business Capital Formation. The Reed Republican issue; there is strong bipar- that is, the array of provisions that amendment could subject thousands of tisan opposition to this new law. promote wellness, disease prevention, businesses to SEC regulation unneces- Look, if the President himself does and public health. sarily, and the Senate should reject it. not even want to talk about this law Taken together, these provisions So, once again, I ask them to recon- anymore, and even Democrats in the have begun to jump-start America’s sider. Let’s put politics aside and pock- House are sponsoring repeal of parts of transformation into a genuine wellness et this important bipartisan jobs bill. their own law, it should be pretty obvi- society. They are transforming our The JOBS Act is a great example of ous there is a fundamental problem. current sick care system into a true the type of legislation we should all be We need to reform health care. But health care system. I have said this able to agree on, and there is simply no this reform made things worse. The many times: We do not have a health good reason for delay. Let’s get this evidence and broken promises are all care system in America. We have a sick

VerDate Mar 15 2010 23:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.003 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1958 CONGRESSIONAL RECORD — SENATE March 22, 2012 care system. If people get sick, they They want to go back to what it was. ourselves more healthy. We are not get care—one way or the other. But We have made too much progress in going back to the old system, where there is very little out there to help prevention and wellness to go back to only a little over half the people in this people keep healthy and to maintain the old ways of just treating people country got cholesterol screening, 68 wellness and to keep them from going after they get sick. percent got colorectal cancer screen- to the hospital in the first place. Now, Now, again, we have been able to pro- ing. that would be a true health care sys- mote a lot of activities around the We want people to get early screen- tem, and that is what we have begun to country to promote health and ing, early support services for preven- establish with the affordable care act, wellness. For example, in Illinois, the tive care so they stay healthy. Not by preventing chronic diseases, ena- State made improvements to its side- only is it going to help our family bling people to stay healthy, and stay walks and marked crossings to increase budgets, it is going to help our Federal out of hospitals in the first place. student physical activity levels. You budget if we have people healthier and Right now in the United States about might say: Well, big deal. not going to the hospital in the first 75 percent of all our health care spend- Well, it is a big deal. Because of these place. This is one of the big aspects of ing—75 percent of the Nation’s health improvements, the number of students the affordable care act that is not care spending—is on chronic diseases. who are walking to school has dou- talked about a lot. But to me it is one Only 4 percent is spent for prevention. bled—doubled—and it is expected to of the most important aspects of mov- So during the last year we have data save the school system about $67,000 a ing us, again, to a society where we are for—2005—the United States spent year just on bus costs. So kids are not just relying on people going to the about $2 trillion on health care. Of healthier and we save money. hospital and paying for high hospital every $1 spent, 75 cents went toward In Alabama, Mobile County is using bills and things such as that in the fu- treating patients with chronic diseases, funds from this prevention fund to sup- ture. many of which are preventable. Only 4 port tobacco quit lines to help resi- I am going to yield the floor. I just cents went toward prevention. That dents live tobacco free—again, under wanted to make those comments about ought to tell us something right there. the Tobacco Cessation Program. one aspect of the affordable care act. Of That is the old system, and that is the Officials enacted a comprehensive course, we do know there are many system the Republicans want us to go smoke-free policy expected to protect other benefits in the affordable care back to: Spending more and more to 13,000 of their residents—this is in Mo- act people do not want to lose. Right treat people after they get sick rather bile County, AL—from being exposed to now, we ban lifetime limits, which than trying to put something forward secondhand smoke. All across America, helps more than 100 million people. to keep people healthy. more and more is being invested in pre- They want to take that away. Repub- Well, in the affordable care act we vention. We know that, for example, a licans want to take that away. We have tremendous opportunities to 5-percent reduction in the obesity cover vital preventive services, which I again move us to more prevention and rate—just a 5-percent reduction in the just went over; young people remaining wellness. We have made historically obesity rate—will yield more than $600 on their parents’ coverage up to age new investments in this area of billion in savings on health care costs 26—more than 2.5 million helped so far. wellness, prevention, and public health. over 20 years. Republicans want to take that away. Again, our prevention fund is out Here is one example of that, as shown They want to end all that. I do not there getting people the necessary sup- on this chart. think the American people want to end port and information they need to re- Before our health care reform bill, it. I think the American people want to duce obesity. So with the misguided ef- our law, was passed, just take the issue move forward with health care reform forts to repeal the health care reform of colorectal cancer screening; we because we have made too much law, again, most Americans know what know, if people get it early and detect progress—too much progress in making is at stake. They are going to lose a lot it early, their chances of survival are sure health insurance is affordable, of these prevention activities that en- tremendous. If people detect it too available. able us to take charge of our own late, then they are going to be in the I guess I have just one more thing to hospital, and they are going to have health care to make sure we get our colonoscopies on time, our mammo- say, if my friend from Rhode Island cancer, they are not going to live. But will let me. we know, by people getting a colorectal gram screenings. Everyone in this Senate body belongs cancer screening early, we can prevent Every woman in America now over to the Federal Employees Health Bene- a lot of unnecessary deaths and ill- age 40 gets a free mammogram screen- fits Program. Do you know what. We nesses and treatments later on. ing—no copays, no deductibles. The Re- have coverage for preexisting condi- Cholesterol screening: We know if publicans want to take that away from tions. We have no lifetime bans in our people get good cholesterol screening, the women of this country. policies. Yet that is what we did. Re- they can get on either a drug or a good Colonoscopies, as I said, without member the debate? We wanted to say diet, an exercise program, reducing the copays or deductibles, Republicans to the American people: Whatever we prevalence of heart disease. want to take that away. Annual Tobacco cessation: Need we keep re- physicals. We know a lot of people do have, we want you to have too. We put peating around here how much it costs not get annual physicals because it that in the affordable care act. our society from the plague of tobacco costs money. It costs them. Now they The Republicans say: We are going to use? can get an annual physical free—no take that away from the American peo- Well, here is where we were before copays, no deductibles. Republicans ple but keep it for ourselves. I do not health care reform, as shown on this want to take that away. think so. I do not think so. I do not chart. About 68 percent were covered Again, I think we have to ask the think the American people want to for colorectal cancer screenings, about question—every time I hear the Repub- say: You Senators and you Congress- 57 percent were covered for cholesterol licans talking about doing away with men can keep all that, but you can screenings, and only 4 percent were ObamaCare or the affordable care act, take it away from all of us. We are not covered for tobacco cessation. we have to ask: Are we going to cut going to do it. We are not going to go After health care reform, now there short this transformation into a backward. is 100 percent—100 percent—coverage wellness society in preventing diseases, I yield the floor for my distinguished for colorectal screenings with no keeping people healthy in the first friend from Rhode Island who played copays and deductibles, I might add; place? I think the answer is clear. such a pivotal role in getting the af- 100 percent coverage for cholesterol Americans are not going to allow all fordable care act through on our com- screenings, and 100 percent coverage these hard-earned protections and ben- mittee and has been one of the more el- for tobacco cessation. efits in the affordable care act to be a oquent spokespersons on this health That is prevention, that is wellness, taken away. We are not going to be care bill in the last couple years. keeping people healthy in the first dragged backward. We are going to The PRESIDING OFFICER (Mr. WAR- place. What do the Republicans want? continue our march forward to make NER). The Senator from Rhode Island.

VerDate Mar 15 2010 23:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.004 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1959 Mr. WHITEHOUSE. Mr. President, I two of his medications costs close to In Rhode Island, similar to elsewhere ask unanimous consent to speak for 15 $1,000. As Olive said: Those months go in the country, community health cen- minutes. by quickly. Last year, Olive and her ters fill a critical gap in our health The PRESIDING OFFICER. Without husband fell into the prescription drug care system, delivering comprehensive, objection, it is so ordered. doughnut hole in July. Without the af- preventive, and primary care to pa- f fordable care act, they would have been tients, regardless of their ability to responsible for paying the full cost of pay. HEALTH CARE his medications out of pocket, but be- Dennis Roy is the CEO of the East Mr. WHITEHOUSE. Let me first con- cause of health care reform, Olive and Bay Community Action Program in gratulate Chairman HARKIN for his re- her husband received a discount on Rhode Island. He tells me the afford- marks today but more than that the their prescription drugs and saved able care act has provided critical sup- work that has preceded today on the $2,400 last year. port for his community health center’s health care bill. He was an ardent ad- Olive and her husband are 2 of the mission. East Bay has received $3 mil- vocate for the prevention programs over 14,800 Rhode Islanders who re- lion through this law to construct a that save lives and money. It was a ceived a 50-percent discount on brand- new community health center in New- real pleasure to work with him at that name prescription drugs when they hit port which, despite its international time. the doughnut hole. This discount re- reputation, is one of Rhode Island’s Today is the second anniversary of sulted in an average savings of over poorer cities. The new community the passage of the affordable care act. $550 per person, for a total savings of health center will triple the available I wish to describe how the law is al- more than $8.2 million for seniors in patient care space for needy Newport ready making a difference for families Rhode Island alone. County residents. in Rhode Island and across the country People who want to repeal To date, Rhode Island community by drastically improving access to ObamaCare should be ready to look health centers have received $14.8 mil- higher quality care, by addressing ris- Olive in the eye and tell her why that lion to create new health center sites ing health care costs, and by pro- $8.2 million should go back into the in medically underserved areas. This is tecting consumers. drug companies’ pockets, why she and important American infrastructure, Look at the changes. Children with her husband should have to cough up and we should not tear it down to preexisting conditions were denied cov- an extra $2,400 for the drug companies. make a political point or to assuage a erage—no longer. Lifetime limits on Brianne, a 22-year-old graduate of the political ideology. These stories are insurance policies left many American University of Rhode Island, currently just a few of many that show how the families struggling to pay medial care works part time as a physical therapy affordable care act is working for bills on their own—no longer. Insurers aid in Providence. Her job does not Rhode Island families, seniors, and could cancel coverage for individuals offer health insurance. Brianne suffers small businesses. who became sick—no longer. from several seasonal and food aller- Although we have made great In addition, the law helps kids just gies. She makes frequent trips to her progress, the work continues. Over the out of school who all too often cannot allergist. Because of the affordable last 2 years, a tremendous effort has get that first job with health insur- care act, Brianne can stay on her been made by the health care industry, ance. It helps them to stay on their mother’s health insurance so she can by State and local leaders, and by the parents’ insurance policies until age 26. continue to get the treatment she Obama administration to develop a For seniors, prescription drug costs are needs. Without this coverage, Brianne better model of health care delivery, to down as the Medicare doughnut hole said, she would be hard-pressed to af- shift from a system that is disorga- begins to close. This is real change, and ford the treatments necessary to ad- nized and fragmented to one that is co- it hits home in my home State of dress her allergies. ordinated, is efficient, and delivers the Rhode Island. I hear from Rhode Is- As of June of last year, Brianne was high-quality care Americans deserve. landers and I listen. 1 of over 7,500 young adults in Rhode Is- I heard from Greg, a father in Provi- land who gained insurance coverage as Private health care providers, such dence, who told me about his 16-year- a result of the reform law. People who as Geisinger, Intermountain, and the old son Will. Will spends 2 hours every want to repeal ObamaCare need to ex- Marshfield Clinic, are already focusing day undergoing treatment to keep his plain to Brianne why she and those on quality rather than quantity, effi- cystic fibrosis in check. In addition to other 7,500 Rhode Island kids should be ciency rather than volume, to better his daily treatment and prescriptions, kicked off their parents’ policy. serve their patients and their bottom Will sees a specialist four times a year The affordable care act has also line. Because of the affordable care act, to monitor the disease. Greg said he brought needed relief to employers the Federal Government now has the often thinks about his son Will’s future that are still the leading source of opportunity to support and encourage and whether his son will be able to health coverage in the United States. their focus and to deliver much needed maintain health insurance coverage Geoff is a small business owner in savings in the most patient-centered and receive the treatment he needs. Providence. He provides health care in- way, by improving the quality of care Thanks to the affordable care act, surance for his employees because, as and health outcomes. Will does not have to worry about in- he said, ‘‘It’s the right thing to do.’’ There is tremendous potential for im- surance companies denying him cov- But the rising costs of his employees’ proved care and cost savings in five erage because he has a preexisting con- health insurance have placed increased key areas: payment reform, primary dition or fear that he will have to go pressure on his business. Geoff’s busi- and preventive care, measuring and re- without treatment because his medical ness qualified for the health care law’s porting quality, administrative sim- bills will have pushed him over some small business health care tax credit, plification, and health information arbitrary lifetime limit. which covers up to 35 percent of pre- technology. As many as 374,000 Rhode Islanders, miums paid by a small business owners Savings, from a range of responsible including 89,000 children similar to for its employees’ coverage. These viewpoints, run from $700 billion to $1 Will, can now receive the treatments credits are a lifeline for small busi- trillion a year, all without compro- they need free from lifetime limits on nesses that are struggling in today’s mising the quality of care Americans coverage. People who want to repeal difficult economy and for the people have come to expect—indeed, likely ObamaCare should be ready to look those small businesses employ. People improving the quality of care. Greg in the eye and tell him why they who want to repeal ObamaCare need to I will shortly release a report to want to take that away from him and look Geoff in the eye and tell him why Chairman HARKIN and the HELP Com- his son. they want to take away that tax credit mittee on the Obama administration’s Olive, a senior from Woonsocket, lifeline that lets him provide coverage implementation of the delivery system shared with me that her husband takes for his employees. reform provisions of the affordable care several medicines to help treat his Alz- The affordable care act also provided act. When I say ‘‘delivery system re- heimer’s disease. A 3-month supply for support for community health centers. form,’’ I mean those provisions that

VerDate Mar 15 2010 23:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.005 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1960 CONGRESSIONAL RECORD — SENATE March 22, 2012 improve the quality of care, avoid med- I ask unanimous consent that we be crats, and accounting sleight of hand. I ical errors, coordinate care better, re- allowed to do a colloquy and have sev- have some people here who want to re- ward prevention and primary care, re- eral Senators join in. spond to some of the things that have duce administrative overhead, and re- The PRESIDING OFFICER. Without been said. ward who gets the best health out- objection, it is so ordered. Senator COBURN has listened to some comes, not who orders the most treat- f comments made on the other side cele- ment procedures. brating this great day. I worked with Senator MIKULSKI on HEALTH CARE Mr. COBURN. Mr. President, I lis- this project. She authored the key de- Mr. ENZI. Mr. President, we are tened very intently to the first two livery provisions of the law and has going to talk about Medicare today and speakers this morning. As somebody great expertise in this area. the way the Patient Protection and Af- who has now been a physician for al- These changes will make a real dif- fordable Care Act cuts into Medicare, most 30 years—I practiced full time for ference for millions of Americans, and destroys Medicare. over 25 years—I heard the Senator from I look forward to sharing the report Two years ago the President wanted Iowa and what his desire would be on and its findings with my colleagues a health care bill in the worst way, and the chart he showed. He said that 100 next week. that is exactly what he got, and that is percent screening is occurring now in Before I close, I would like to ac- exactly what America got. three areas. That isn’t true. We are not knowledge Rhode Island’s work on a Anybody out there on Medicare or screening. We hope to screen, and we State health insurance exchange pro- about to be on Medicare or young hope to screen 100 percent, but the vided for by the affordable care act. enough that someday they will be on facts on screening that are available Rhode Island is leading the way as the Medicare should be very concerned are that it is only used 5 percent by first State to receive level two grant about what happened under this act. Medicare patients on the screening funding to set up the exchange. The ex- All of you, I am sure, are aware of that was already available with no cost changes are commonsense, local, com- somebody who is on Medicare who has to Medicare patients. So we have to petitive marketplaces where individ- already been denied a doctor; they are distinguish between what we desire and uals and small businesses will be able being denied because they are not what is actually going to happen. to purchase health insurance, with the being paid what they ought to be paid. Let’s take the example of colon prices and benefits out there on dis- To call it the ‘‘patient protection’’ screening. I am a colon cancer sur- play. When insurance companies com- and ‘‘affordable’’ care act is a major vivor. I was diagnosed, through pete for your business on a trans- mistake. It neither protects Medicare colonoscopy, with colon cancer. Let’s parent, level playing field, it will drive patients nor makes it more affordable. take that example, and then let’s take down costs. Exchanges will let individ- In fact, one of the things we will bring the example of the other aspect of the uals and small businesses use their pur- out today is that there has been a theft affordable care act, called the Inde- chasing power to drive down costs, of $500 billion from Medicare to fund pendent Payment Advisory Board. much like big businesses are able to do. other parts of the program. There is What is the purpose of that Inde- Progress has been made by State some fraud in it because it was spent, pendent Payment Advisory Board? Its leaders such as our Lieutenant Gov- but it still shows up in the account. purpose is to cut the cost of Medicare ernor Elizabeth Roberts, who is leading That is how they show that this really through the decreasing of reimburse- this effort to get to this point. They doesn’t add to the debt. To solve the ments—first, for the first 8 years, phy- are remarkable. I urge them to keep up whole thing, they have a whole new sicians and outside providers, and then, the good work. board of unelected bureaucrats to starting in 2019, hospitals. What do you Whether it is changing the lives of make additional cuts to Medicare to think the first thing to be cut will be? Gregg and Will or Olive or Brianne or make it look as though it is OK. And It is the reimbursement rate for a Geoff and his employees or whether it then there is the accounting sleight of colonoscopy. So when the reimburse- is building our community health cen- hand. I am one of the two accountants ment rate for a colonoscopy goes below ter infrastructure or supporting the in the Senate now, and you have to pay the cost—and it is very close right private sector leaders who are pivoting attention to see it. It goes back to the now, by the way, the cost to perform a to a new and better and more efficient fraud because if this same sort of thing colonoscopy versus what Medicare re- delivery system or whether it is some- were being done in the private sector, imburses—when that is cut, what do thing as simple as a marketplace for people would go to jail. you think will happen on screening? health insurance that is open, fair, and There are a number of ways that we The goal of changing health care is on the level, the affordable care act has will bring out how that is not just an admirable goal. We know that $1 in made a real difference for hard-work- budget gimmicks and sleight of hand $3 doesn’t help anybody get well or pre- ing families in Rhode Island. I will con- but is actually taking advantage of vent them from getting sick today. But tinue to work hard alongside these seniors. what the American people need to un- leading health care providers, along- The Chief Medicare Actuary said that derstand is that what is coming about side the Obama administration, and Medicare will go broke in 2024. That is is a group of 15 unelected bureaucrats, alongside my colleagues in the Con- 5 years earlier than last year’s report who cannot be challenged in court, who gress to see the full promise of the af- by the Chief Medicare Actuary. He is cannot be challenged on the floor of fordable care act realized for this great the guy who works for Medicare; he the Senate or the House, mandating Nation’s advantage. doesn’t work for us. He has to figure price reductions to control the cost of I yield the floor and suggest the ab- out each year how much in the hole it Medicare. What does that ultimately sence of a quorum. The PRESIDING OFFICER. The is and what needs to be done to fix it. mean? They will do their job. We won’t My contention, of course, is that you clerk will call the roll. be able to do anything about it. But The legislative clerk proceeded to can’t steal $500 billion out of a program what it means is that they will reim- call the roll. that is already going broke and expect burse at levels less than the cost to do Mr. ENZI. Mr. President, I ask unani- it to be fine. We warned about that as services, and so, consequently, what mous consent that the order for the we were going through the passage of will happen is the services won’t be quorum call be rescinded. this Patient Protection and Affordable there. The PRESIDING OFFICER. Without Care Act, which, as already mentioned, They also are going to do what is objection, it is so ordered. was passed 2 years ago tomorrow. It called comparative effectiveness re- f could have been fixed. There were three search. We know about comparative ef- plans on the Republican side that fectiveness research. If you are a prac- ORDER OF PROCEDURE would have done what is claimed to be ticing physician today, you have to do Mr. ENZI. Mr. President, it is my un- done by this act. Those ideas were continuing medical education. Part of derstanding that the other side will not largely rejected. that medical education is knowing the have their speakers use the last min- Today we are going to talk about latest comparative effectiveness re- utes, so we will start on our side. some thefts, fraud, unelected bureau- search. It is as if they are reinventing

VerDate Mar 15 2010 23:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.007 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1961 something that already exists. But the We still have to fix Medicare, and the care bill is not reversed, because point is that they are going to use that only solution we have come up with is through the actions of IPAB and to deny or change payments for proce- the one Senator COBURN mentioned, through the explicit language of the dures that patients need. which is to form this new board, with bill, Medicare Advantage will not be an What is wrong with all of this? It is surprising powers, that is going to be advantage anymore, and everybody that we are inserting a government able to cut some more in Medicare so it will have to default to the government board and government bureaucrat be- doesn’t look as though we stole $500 plan that probably won’t be as expan- tween the patient and the doctor. billion from Medicare. sive with preventive care. Think about that for a minute. When Senator BURR is on the committee. I know the Senator from Wyoming I go to my doctor, I don’t want him He has had to sit through a lot of the knows that in North Carolina we sort concentrating about anything except hearings and a lot of the amendments of lead the country as the model of me. If he is looking over his shoulder that were never passed from our side medical homes. We are on the verge about whether he met the IPAB’s com- that would have fixed this, and I am there of trying to put seniors into med- parative effectiveness study on what he sure he has some comments. ical homes. We have already done it is doing for me, when, in fact, the art Mr. BURR. I thank the Senator from with a Medicaid population. We have of medicine as well as the science may Wyoming and my colleague from Okla- saved money. But my State of North say they are wrong, and he is going to homa. We have worked on this, spent Carolina this year has a gap of about do what the government says rather tireless hours trying to save not just $500 million in Medicaid—the people we than what he thinks is best for me, Medicare but health care as we know it are responsible for and the money we what am I getting for that? in America today. I think what my col- have allocated for it, even though the I will be on Medicare next year, much league has already mentioned is that last 3 years we have saved almost $1 to my regret, because my choices will we have put in place mechanisms in billion by being creative at how we de- now be limited in terms of who I can law that will dismantle a health care signed our Medicaid. This health care see. The greatest threat to the quality system the American people feel com- initiative, with no input from any of care—it wasn’t intended to be this fortable with and that has served them State, will double the population of way, it was intended to be helpful, and well but that we agree is way too ex- Medicaid beneficiaries in North Caro- I don’t doubt the motives of anybody pensive. Look at the examples Dr. lina. So what have we done? We have who set this board up—but the greatest COBURN has talked about—IPAB, the shifted the responsibility down to the threat to quality of care for seniors in independent board that will make cov- State at the State taxpayer level. this country is the Independent Pay- erage decisions and reimbursement de- We didn’t magically change anything ment Advisory Board and their non- cisions. When you cut reimbursements, in health care. We are reallocating caring position. Because they are going you are going to chase doctors out of where we are collecting the money to be looking at numbers and words. the system. As you cut reimburse- from, and every State is the same. They are never going to lay their hands ments, you are going to defund the hos- They underpay for reimbursements on the patient, they are never going to pital’s ability to keep the doors open in under Medicaid, doctors limit the num- impact a patient directly, they are rural America. ber of patients they see that are Med- never going to listen to a patient, but But let’s look at the things that are icaid patients. Imagine what happens they are going to make the ultimate not obvious. What does that effort by when we double the size of the Med- decisions based on what that patient is IPAB do to innovation in health care? icaid population in America. Hospitals going to get. What companies are going to go out don’t have the ability to limit. They With that, I yield back to my col- and put $1 billion on the line for devel- are under Federal law that says when league. someone shows up, they have to see Mr. ENZI. But that board was made opment of a new drug or a device given they do not think they can recover them. essential by decisions that were made What we are going to do is probably enough through the reimbursement in the health care bill. In the health attempt to bankrupt the infrastructure system to cover their research and de- care bill, we took $500 billion—$1⁄2 tril- that we have for health care for the velopment, much less the approval lion—that should have stayed with simple reason that rather than fix process of the products? It would be a Medicare to solve Medicare problems. health care, we came up with creative vastly different America if in fact all The doc fix is one of the big problems ways to pay for it. Or in the case of these drugs that are breakthroughs and we need to solve. It is up to about, I IPAB—the Independent Payment Advi- think, $230 billion that we need to do the devices that are so effective at sory Board—we figured out an external that. That would be a pretty good keeping us living longer are sold in Eu- way from Congress to cut the reim- chunk out of this. And unless that is rope and South America and Asia but bursements to doctors and to hospitals done, people won’t be able to see a doc- not in the United States because we and to limit the coverage of all plans tor. have now developed a health care sys- where it doesn’t have to go through a I keep saying, if you can’t see a doc- tem that doesn’t allow them the abil- legislative process in Washington. We tor, you really don’t have health insur- ity to recover that money. Now match are not always the finest example of ance, and that is what we are going to that with the lack of choice today. legislation becoming law, but this is be doing to our seniors. We cut $135 bil- In this country, we have choice. As a the mechanism our Founding Fathers lion from hospitals, we cut $120 billion matter of fact, as a Federal employee, set up to make sure bad things didn’t from the 11 million seniors who are on I can pick from probably 30 different happen. Medicare Advantage, we took $15 bil- health care plans—the same ones every I have to say this is one that slipped lion from nursing homes, and we took Federal employee can choose from. But through, and now we have the responsi- $7 billion from hospices to spend on all of a sudden, in this health care bill, bility to go back and fix the pieces of programs that have nothing to do with we have said to seniors: You know that it that would be devastating to the fu- Medicare or those things. That is Medicare Advantage which allowed you ture of health care in this country. fraud, and it shouldn’t have happened. choice, where you could choose a pro- I thank the Senator from Wyoming The CBO Actuary and the Chief Medi- vider other than the Federal Govern- for letting me share some time. care Actuary have acknowledged this ment? Well, we are going to take that Mr. ENZI. I think the Senator too reality. Incidentally, the Chief Medi- away from you. Now, we didn’t take it would be interested in the accounting care Actuary says the program is going away, we just said we are not going to and some of the sleight of hand in- to go broke in 2024, and CBO says it reimburse them to the degree that al- volved in the prescription Part D. We will happen in 2016. Now 2016 is pretty lows them to offer the plans. put a prescription Part D in so people short term to be fixed. I think 2024 is Let’s look at what Medicare Advan- would have a little better chance of short term. So whichever estimate you tage provided for seniors. It provided a paying for their prescriptions—a very want to take, Medicare is in trouble wider array of benefits than does tradi- difficult program. It was very expen- and $500 billion should not have been tional Medicare. It is good for some. sive. taken out of it. That $500 billion should They have chosen it. It won’t be good I know in my State we were looking have been dedicated to fixing Medicare. for them in the future, if this health at only two people who were selling

VerDate Mar 15 2010 23:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.008 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1962 CONGRESSIONAL RECORD — SENATE March 22, 2012 pharmaceuticals to seniors. I thought, because we have private sector entre- our national government that was then boy, when this program goes in, there preneurial companies out there com- based in London—national govern- probably won’t be any. But when it was peting for the business, and they are ments tend to tax us too much, they opened to a wide choice, I found out smart enough to look at the types of tend to regulate us too heavily, they there were 46 companies that wanted coverage needed and they are custom tend to be inefficient, they tend to be the business in Wyoming, and it turned designing that to meet the needs of slow to respond to our needs in part be- out to be a very successful program at seniors in this country. cause they are operating so distantly helping people. I daresay the current health care from where many of the people reside. In this affordable care act, of course, plan that is going to be implemented So when we became a country, we they do some things with the doughnut and fully executed by 2014 was not per- left most of the powers at the State hole which are a little sleight of hand, sonalized for anybody in this country. and the local level. We eventually because some of the companies that It looks at a 17-year-old the same way came up with this document, this al- sell brandname prescription drugs as it does a 77-year-old. Yet the health most 225-year-old document that has agreed they would reimburse people for challenges and the incomes are dif- fostered the development of the great- a part or up to all of their medications ferent for both ends of the spectrum, est civilization the world has ever while they went through that doughnut and that is because government can’t known. And in that document we came hole, knowing when they got out of the look at us as individuals. They can’t up with a list of powers that a national doughnut hole they would stay with group us and design something that ad- government must have in order to sur- that brandname and it would cost the dresses not just the coverage needs but vive, and we kept that list fairly lim- whole program a lot more. the costs long term and the solvency. ited. We said the national government So in an area where we were saving So we only have one choice, and that needs to have the power to provide for money and could have fixed it so sen- is to fix what is broken. It is amazing our national defense, to regulate com- iors had a better chance at it but not how there is great agreement on those merce or trade between the States and giving an advantage to the brandname things that would be damaged long with foreign nations and with the In- drug users would have actually saved term and those things that are actu- dian tribes, to protect trademarks, some money in the program, but that ally positive and move the ball in the copyrights, and patents, to establish a didn’t happen. I know since my col- right direction. uniform system of weights and meas- league is involved a lot in the pharma- Mr. ENZI. So that prescription Part ures, to come up with a system of ceutical area, and has done a tremen- D actually drove down the cost of bankruptcy laws, laws governing immi- dous job at making sure we are safe medication, and now we are ending up gration and naturalization, and a few from terrorist attacks and pandemic in a situation where part of that will other powers. But that is basically it. flus and worked with vaccinations, and be in trouble because of what has hap- There is no power in this document is probably the foremost person at both pened to Medicare, with $500 billion that gives our national government, ends of the building at knowing how to being stolen. that gives us—Congress, as a national do that, he may have some comments I see we are joined by Senator LEE of legislature—the power to regulate any- on this prescription Part D. Utah, and I know that Utah has had a thing and everything. There is nothing Mr. BURR. Well, I thank my col- health care system that has been a in this document that gives Congress league for that acknowledgment, and model for other States and now is pos- what jurists and political scientists that is why the thought that innova- sibly in jeopardy. I don’t know if the refer to as general police powers; that tion would leave the American health Senator would care to comment on is, the power to come up with any law care system terrifies me. Innovation is Medicare or on that, but we appreciate that Congress might deem just and the answer to the threats, both natural his coming. good and appropriate and advisable at and intentional, that could come to Mr. LEE. I thank my colleague. And any moment. That, again, was because this country and everywhere in the he is correct, Utah does indeed have a of the calculated assessment made by world. We never know what is around health care system that functions well, the founding generation that we needed the corner. But our ability to innovate and functions well notwithstanding the a government possessing only limited in this country has always kept us one fact it is not managed, it is not gov- enumerated powers: to protect indi- step ahead, and I believe we are on the erned by the Federal Government. vidual liberty, and to assure that we in cusp of a new era of innovation that This is one of the great wonders of America would continue to live as free can only be thwarted if in fact this our Federal system. When we became a individuals. health care bill is fully implemented. country about 200-plus years ago, we Over time we have drifted somewhat Because the incentive will now be gone did so against a backdrop that is in- in our understanding of what those for entrepreneurs to take risks. There formative for us still today. We became powers mean. Over the last 75 years, is no longer going to be an incentive a country, in part, because we discov- the Supreme Court has been applying a that says take a risk and there is an ered through trial and error, through deferential standard toward Congress opportunity at a reward. our experience as British colonies, that in reviewing laws enacted under the As the Senator from Wyoming point- local self-rule works best. People gov- commerce clause, clause 3 of article 1, ed out very well, we created Medicare ern themselves much better than a section 8. The Supreme Court has, Part D. What a novel approach, to take large distant government can govern since about 1937—at least since 1942— a health care benefit that didn’t exist them. That is exactly why we became a said that Congress may regulate with- in the 1960s, when we created Medicare country, because we learned that local out interference from the courts under and matched it up with the coverage of self-rule works. the commerce clause activities that, the rest of the delivery system. What We learned also that there is great when measured in the aggregate, when was the result of creating market- danger to our individual liberty with replicated across every State, can be based coverage? Today, Medicare Part any government, because whenever any said substantially to affect interstate D costs 50 percent less than the esti- government acts, whenever it does any- commerce. That is more or less the mate we made years ago when we cre- thing to regulate our lives, it does so guideline the Court has given us. They ated it in terms of what the annual at the expense of our individual lib- are not necessarily saying that every- premium cost was going to be. Why? It erty. We become less free by degrees thing and anything that fits within is because we created private sector whenever government does just about that is necessarily within the letter competition. We didn’t create govern- anything. and the spirit of the Constitution, but ment plans. It probably would have But the risk to our liberty is espe- that, at least so far as the courts are been much easier to say, okay, we are cially great—it is at its highest—when concerned, so far as the courts have going to supply a benefit for every sen- the acting government is a large one, been willing to step in and validate or ior in the country. I can assure you, when it is a national government. Na- invalidate, that will be what guides the had we done that, we would have been tional governments, as we learned in courts in making that assessment. Be- well over what we projected the annual our experience with our national gov- yond that, the debate has to be ham- cost to be. But we are 50 percent under ernment before we became a country— mered out within the Halls of Congress.

VerDate Mar 15 2010 23:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.010 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1963 The affordable care act—also known those decisions have been specifically access to the public capital markets for as Obamacare—contains an individual delegated to Congress, specifically des- emerging growth companies. health insurance mandate that takes ignated as national responsibilities. Pending: Congress’s powers to a whole new level. This one is not. Reid (for Merkley) Amendment No. 1884, to For the first time in American history, Decisions about where you go to the amend the securities laws to provide for reg- our national legislature has required doctor and how you are going to pay istration exemptions for certain crowd- every American in every part of this for it are not decisions that are na- funded securities. country to purchase a particular prod- tional in nature, according to the text Reid (for Reed) Amendment No. 1931 (to Amendment No. 1884), to improve the bill. uct; not just any product but health in- and spirit and letter and history and surance; not just any health insurance understanding of the Constitution. The PRESIDING OFFICER. Under but that specific kind of health insur- They are not, and they cannot be. the previous order, the time until 12:30 ance that Congress, in its wisdom, If in this instance we say, well, this p.m. will be equally divided between deemed appropriate and necessary for is important so we need to allow Con- the two leaders or their designees. every American to buy. This is abso- gress to act—if we do that, we do so at The Senator from Michigan. lutely without precedent. It is also, I our own peril. We stand to lose a great Mr. LEVIN. Mr. President, I ask believe, not defensible even under the deal if all of a sudden we allow Con- unanimous consent that I be yielded 10 broad deferential standard that has gress to regulate something that is not minutes. been applied by the U.S. Supreme economic activity; in fact, it is not ac- The PRESIDING OFFICER. Without Court since the late 1930s and early tivity at all. It is inaction. It is a deci- objection, it is so ordered. 1940s. sion by an individual person whether to Mr. LEVIN. Mr. President, in a few Among other things, the limits that purchase anything, whether to pur- hours, after votes on two amendments have been maintained by the Supreme chase health insurance or, if so, what that I hope we will pass, we are going Court, notwithstanding its deference to kind of health insurance to purchase. to vote on final passage of the House of Congress under the commerce clause, Our very liberties are at stake, and Representatives-passed bill, the so- have been limited by a few principles. that is why I find this concerning. called JOBS bill. I am going to vote First, the Supreme Court has contin- The PRESIDING OFFICER. The Sen- against passage of this bill because it ued to insist that although some intra- ator’s time has expired. would remain far too deeply flawed state activities will be regulated by Mr. ENZI. I ask unanimous consent even if the two amendments were Congress under the commerce clause, for an additional 2 minutes. passed to justify passage by the Sen- some activities occurring entirely The PRESIDING OFFICER. Without ate. I am going to vote no on this bill within one State—activities that his- objection, it is so ordered. because it will significantly weaken ex- torically would have been regarded as Mr. ENZI. Mr. President, I thought I isting protections for investors against the exclusive domain of States, activi- had 2 more minutes. I appreciate the fraud and abuse. ties such as labor, manufacturing, agri- comments. The supporters of this bill claim it culture and mining—although some ac- This is the 2-year anniversary of will help to create jobs. They have even tivities might be covered by Congress, passing what is the so-called affordable titled it the JOBS Act, but there is no those activities at a minimum have to patient care act. The Supreme Court evidence it will help create new jobs. be activities that impose a substantial has chosen next week to begin the de- There is not one study that its pro- burden or obstruction on interstate liberations on it, and they are going to ponents have shown us how repealing commerce or on Congress’s regulation take three times as long as they do on provisions that protects us from con- of interstate commerce. any case so that they can divide this flicts of interest in the research cov- The Supreme Court has also contin- into pieces, and that mandate piece erage of companies with up to $1 billion ued to insist that the activity in ques- will be the second one. in revenue will create jobs; nor is there tion that is being regulated needs to be One that they probably won’t be evidence that removing transparency activity, first of all, and not inactivity. going into is this Medicare problem. and disclosure requirements for very But it also needs to involve economic We are going to have seniors who are large companies will create jobs; nor is activity in most circumstances, unless, going to be without care because we there evidence that allowing unregu- of course, it is the kind of activity have taken $500 billion out of Medicare lated stock sales to those unable to as- that, while ostensibly noneconomic, by when it needed a doc fix and it needed sess or withstand high-risk invest- its very nature undercuts a larger com- a whole bunch of other things, and par- ments will create jobs; nor is there prehensive regulation of activity that ticularly in rural areas where there are much else in this bill that will, even is itself economic. critical access hospitals, rural health arguably, help create jobs. It will, how- Finally, the Supreme Court has con- clinics. Can any reasonable person be- ever, take the cop off the beat relative tinued to insist time and time again lieve that you can cut $1⁄2 trillion from to the activities of some huge banks, that Congress cannot, in the name of a program and not affect its impact on and it will threaten damage to the hon- regulating interstate commerce, effec- patient care? esty and integrity of our financial mar- tively obliterate the distinction be- I wish to have more time to show kets. tween what is national and what is that there is a theft of this $500 billion, That is a mistake in its own right. local. there is fraud involved, that there are We should value honesty and integrity The affordable care act through its bureaucrats and accounting sleight of in markets, as in all things. And legis- individual mandate effectively blows hand. lation that creates new opportunities past each and every one of these re- for fraud and abuse should be amended f strictions, restrictions that even under or rejected. But the damage done by the broad deferential approach the Su- CONCLUSION OF MORNING this bill to the integrity of our mar- preme Court has taken toward the reg- BUSINESS kets will also work against the pur- ulation of commerce by Congress over The PRESIDING OFFICER. Morning ported goal of this bill—the encourage- the last 75 years or so—even the Su- business is closed. ment of investment to create jobs. preme Court, even under these broad f By making our financial markets less standards, isn’t willing to go this far. transparent, less honest, and less ac- There are very good reasons for that, JUMPSTART OUR BUSINESS countable, this legislation threatens to and those reasons have to do with our STARTUPS ACT discourage investors from partici- individual liberty. They have to do The PRESIDING OFFICER. Under pating in capital markets. That dam- with the fact that Americans were al- the previous order, the Senate will re- age would make it harder—not easier— ways intended to live free, and they un- sume consideration of H.R. 3606, which for companies to attract the capital derstood that they are more likely to the clerk will report. that they need and to hire new work- be free when decisions of great impor- The legislative clerk read as follows: ers. tance need to be hammered out at the A bill (H.R. 3606) to increase American job Our capital markets are the envy of State and local level; that is, unless creation and economic growth by improving the world, and that is in part because

VerDate Mar 15 2010 23:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.011 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1964 CONGRESSIONAL RECORD — SENATE March 22, 2012 we recognize that efficient markets evaporated companies, and it dev- cient. We are about to embark upon that help businesses raise capital and astated the economy. The Nasdaq index the most sweeping deregulatory effort aim to match up investors in compa- still, to this day, has not recovered and assault on investor protection in nies need transparency and they need from that bubble. As a result, regu- decades. The Council of Institutional financial integrity. But this bill will lators put up barriers designed to end Investors warns us that ‘‘this legisla- allow companies to make fewer disclo- these conflicts, but the House bill be- tion will likely create more risks to in- sures and will remove important inves- fore us knocks down those barriers. It vestors than jobs.’’ tor safeguards. This bill will increase is astonishing that we would forget If we pass this bill, it will allow new many types of risks to investors, in- these lessons and allow the return of opportunities for fraud and abuse in cluding the risk of outright fraud. I such blatant conflicts of interest. capital markets. Rather than growing want to focus on a few of the many se- Fourth, this bill will allow very large our economy, we are courting the next rious flaws in this bill. companies, companies with up to $1 bil- accounting scandal, the next stock First, it harms investors by allowing lion in annual revenue, to make initial bubble, the next financial crisis. If this a wide range of companies to avoid public offerings without complying bill passes, we will look back at our basic requirements for disclosure and with basic disclosure and account- votes today with deep regret. transparency. It does that by changing ability standards. These companies We should not adopt this bill today. the threshold at which companies are would be able to avoid compliance with We should return it to committee. We considered large enough and their accounting and disclosure rules to help should have hearings. We should have stock is widely enough held to trigger give investors accurate information on opportunities to amend this bill. those disclosure requirements. Today, the company’s finances. They would Adopting this bill will put us in a posi- companies are generally required to not have to obey standard accounting tion of the most massive and mistaken register with the SEC and meet basic rules or have auditors certify that they deregulation of our capital markets in requirements for financial trans- have adequate internal controls. Many decades. parency and accountability if they of these rules were adopted in response I yield the floor. have 500 or more shareholders. The bill to high-profile accounting frauds, such The PRESIDING OFFICER (Mr. before us would raise that exemption as Enron and WorldCom. Some were re- BROWN of Ohio). The senior Senator to 2,000 or even more shareholders. It cently enacted in the Dodd-Frank Act from Iowa is recognized. would even raise the level at which in the wake of the financial crisis. STOCK ACT banks can deregister from 300 to 1,200 Yet while our economy is still recov- or more shareholders regardless of the ering from the damage of the most re- Mr. GRASSLEY. Mr. President, soon, bank’s size in terms of assets. These cent crisis that arose, in large part, as around the 12:30 hour or on one of the changes will allow even very large a result of deregulation, we are about seven votes this afternoon, we are companies with several thousand to consider undoing safeguards we cre- going to be voting on cloture on the shareholders to avoid telling regu- ated in its wake. The $1 billion limit of STOCK Act. I have 45 minutes allotted lators, shareholders, and potential the House bill will allow nearly 90 per- to me to speak about the disappoint- shareholders even the most basic infor- cent of the IPOs to avoid even the most ment I have with the way this has been mation about their finances, and to basic disclosure standards. With these handled and why I think the par- avoid important accounting standards. provisions, we will essentially ask liamentary procedure is wrong and why Second, this bill harms investors by America’s investors to place their cap- the whole process irritates me. allowing companies to make largely ital at risk almost blindly, with little Bipartisanship happens to be alive unregulated private stock offerings to if any reliable information about the and well in Washington, DC, where members of the public. Today, such in- companies seeking their investment. It most of our constituents believe it is herently risky, unregulated offerings defies common sense to argue that in- never working. Earlier this week, we cannot be advertised to the public and vestors will be more likely to put their had the Republican majority leader of are generally limited to shareholders money at risk and therefore help to the House and the Democratic major- who are financially able to absorb the create jobs in that kind of environ- ity leader of the Senate—that is bipar- risks involved. But the House bill al- ment. tisanship—work together to thwart the lows advertisement of these unregu- This is a bad bill. Because debate was will of 60 Senators and 286 Members of lated offerings to the general public. It closed off and amendments severely Congress. The end result is, as well- will allow TV ads for get-rich-quick limited, we will not be able to fix near- meaning as the people behind this ma- schemes with almost no oversight. Ad- ly enough of it. But we will hopefully neuver might be—the end result is that vertisers could pitch these risky in- remedy a few of its flaws in amend- 60 Members of the Senate are going to vestments in cold calls to senior cit- ments we are going to be voting on. be denied an opportunity to pursue izen centers. That is why groups such Change to the crowdfunding provisions what they had previously voted for and as AARP are deeply concerned about of the House bill is welcome, and I 286 Members of the House of Represent- what these changes will do to senior commend Senators MERKLEY, BENNET, atives, cosponsoring the language of citizens who are often the targets of fi- and others who crafted that provision my amendment, are not going to have nancial fraud and abuse. which Senators REED, LANDRIEU, and I a chance to do what 286 Members of the Third, this bill abandons a lesson also incorporated in our substitute bill, House want to do. As I said, this is bi- that we learned all too painfully during which was defeated yesterday. This partisanship, but it is not the kind of the dot-com crisis of the 1990s. At that amendment will give investors some- bipartisan cooperation, intended or time, investment banks seeking to un- what greater confidence in a new and not, this Nation deserves. derwrite initial public offerings—which potentially useful method in estab- I will not ascribe motives to anyone is a lucrative line of business—engaged lishing capital and in support of Sen- in this body, but I know that today’s in brazen conflicts of interest. They ator REED’s amendment to close impor- action only serves the desires of ob- sought this business by promising com- tant loopholes in the current law—one scure and powerful Wall Street inter- panies about to go public that their re- the House bill fails to address. With ests, and it undercuts the will of the search analysts—whom investors de- this amendment, it will be harder to overwhelming majority of Congress I pend on for honest and impartial ad- evade registration and disclosure re- just described. Once again, it is an ex- vice—would give favorable coverage to quirements by using shareholders of ample of Wall Street being heard in their stocks in exchange for the under- record who exist only on paper but who Washington and maybe the common writing business. hold shares for large numbers of actual persons throughout the United States In company after company, investors beneficial owners. This, too, is part of not having their will expressed. were misled about the strength of new our substitute, and its inclusion in the With this process, they took a com- stocks by investment banks engaging bill would represent an improvement. monsense provision, supported by a in this conflict of interest. This abuse But we should not fool ourselves. majority of both Houses of Congress, helped to feed a stock bubble that, These improvements, if adopted, and they simply erased it. In other when it burst, wiped out investors, though welcome, are far from suffi- words, we have to remember, when we

VerDate Mar 15 2010 23:56 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.012 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1965 have a 60-vote requirement in the Sen- Let me go back to section 7, part b, more cloture votes. Throughout this ate, we know what that 60-vote re- and quote: Congress, we have spent weeks in noth- quirement is meant to do; that no Definition—for purposes of this section, ing but quorum calls, but suddenly we amendment under a 60-vote require- the term ‘‘political intelligence’’ shall mean have run out of time. ment is ever going to be adopted. That information that is derived by a person from Of course, in less than 10 days we will was surely the motive behind the 60- direct communications with an executive be leaving Washington, DC, for a 2- vote threshold on the amendment I got branch employee, a Member of Congress, or an employee of Congress; and provided in ex- week recess. I intend to go home and adopted when this bill was first up, be- change for financial compensation to a cli- have town meetings, but we are not cause the Democratic leader voted ent who intends, and who is known to intend, going to be doing business here in against it, the Republican leader voted to use this information to inform investment Washington, DC. So I have an idea for against it, the Democratic manager decisions. people to consider. With congressional spoke against it, and the Republican That is the definition that they approval ratings in the near single dig- manager was against it. Common sense thought we don’t know what political its, why can’t we spend part of that tells us, if we study the Senate, an intelligence is, so we should not be time getting the STOCK Act right? amendment such as that is never sup- passing this amendment, even though And by getting it right, I see nothing posed to get adopted. But we got the 60 286 Members of the House of Represent- wrong with the basic underlying piece votes to get it adopted. Frankly, I was atives have sponsored a bill to do it of legislation, but when there is a surprised we got the 60 votes to get it and take that very same definition chance to bring transparency and ac- adopted. But that is taken out of the that they say is so vague and put it in countability through the registering of bill we are going to be voting on this a bill for the purposes of studying people who are involved in political afternoon. something. That seems pretty straight- and economic espionage, I think we My amendment simply says that if forward, doesn’t it? That definition ought to do it, and that is what I mean someone seeks information from Con- seems pretty straightforward. Of by getting the STOCK Act right. gress or the executive branch to trade course, now that definition will only by The Washington Post said that my stocks, Congress, the executive branch, applied to a study, not to legislation amendment, combined with Senator and the American people ought to with real teeth—because the powerful LEAHY’s political corruption amend- know who they are. Nobody is saying interests of Wall Street are winning ment, ‘‘transformed the [STOCK Act] they cannot do it, but we ought to out. into the most sweeping ethics legisla- know who they are. We do that through If you think that is bad, this is what tion Congress had considered since the process where everybody ought to happened to the STOCK Act in the Sen- 2007.’’ Maybe you don’t agree with the know who lobbyists are—not that lob- ate. By now, I think just about every- Washington Post all the time, and I bying is illegal or wrong, but it ought body in this body knows how strongly don’t agree with them all the time, but to be transparent. With transparency I feel about this amendment that was they are looking at things on a wider comes accountability. The same way adopted by this body 60 to 40, under a scale, and they are saying that a Con- this amendment asks these people who rule requiring 60 votes because that gress that doesn’t have a very good ap- are involved in seeking information to kills any amendment—but it did not proval rating has a chance, for the first register so we know who they are. The kill this one because we were right. I time in 5 years, to do sweeping ethics amendment makes nothing illegal. But have spoken many times about the legislation that we need in order to im- we ought to know who these people are dangers of unregulated political and prove the Congress’s reputation by the who seek political and economic espio- economic espionage. I have reached out public. nage. We ought to bring all that out of to the leadership to express my con- the shadow, into the public’s informa- cern and written a letter with Senator So isn’t it worth taking just a couple of extra votes to get it done right and tion. LEAHY, the chairman of the Judiciary But the leadership of both parties— Committee, on the importance of our to make Congress look better? I think the majority in the House and the ma- STOCK Act provisions. I said that I so, but apparently a small handful of jority in the Senate—went behind was willing, if necessary, to negotiate people in the House and the Senate closed doors and made that provision on the language of my amendment, and who make the decisions on how we are magically disappear. What they did that would be on the question of what going to do business around here—not was truly amazing because a handful of is political intelligence. But it seems taking into consideration the votes of Senators and Congressmen overrode to me one doesn’t need to negotiate 60 Senators supporting this—have the will of 60 Senators and 280-plus that if we pass something with that other ideas. backers of my amendment in the other definition in it. The House already has Well, at the end of the day, here is body. First, the majority leader in the 286 cosponsors with that definition in what will happen if we don’t proceed. House said the definition of political it, but they take that same definition There are about 2,000 people working in intelligence was so vague he could not and put it in the amendment in the the completely unregulated world of possibly figure out how to define it. other body for a study, not an amend- political intelligence or political and That is the excuse given for stripping ment with any real teeth. economic espionage. Right now, these any regulation of political intelligence, So when I said I was willing to nego- people have to be celebrating because my words, or political and economic es- tiate, what was the response? Nothing. they are in the shadows. They want to pionage from the STOCK Act when it I was not even given the courtesy of stay in the shadows. They are cele- was taken up in the House of Rep- being notified before cloture was filed. brating because they know it is busi- resentatives. So it was kind of like an ambush, plain ness as usual. They can continue to Let me tell you why that excuse is and simple. Just like those people who pass along tips that they get from truly amazing to me and quite a sur- traffic in political and economic espio- Members of Congress, Senators, and prise. It is because the House of Rep- nage, this process has been cloaked in staff, and no one will be the wiser. resentatives put in a diluted provision a great deal of secrecy. They pass along these tips to hedge that uses the very same definition I Now the claim is made that the Sen- funds, private equity firms, and other had in my bill of what political intel- ate was forced to take up the House investors who pay them top dollar. The ligence gathering is. Then, by taking bill because an unnamed Republican lobbyists get rich, Wall Street traders out my language and putting in theirs, was threatening to object to a con- get rich, but the American people lose. they got it done because it was an ex- ference. However, no Republican—or At one time, these folks who set up cuse, that the language I had in my any Senator, for that matter—has pub- these meetings for Members of Con- amendment was so vague. But you licly owned up to trying to stop this gress or even in the executive branch— know what. They took that very same bill from going to conference. But even and I have examples to show that— language and put it in their amend- if we accept this fact, there are still used to charge $10,000 for just setting ment, calling for a study of political more questions. Supposedly we are tak- up a meeting. They don’t charge $10,000 and economic espionage and political ing up the House bill because the Sen- anymore because that information got intelligence and used it. ate does not have time to take two or out and it was too embarrassing to

VerDate Mar 15 2010 00:54 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.016 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1966 CONGRESSIONAL RECORD — SENATE March 22, 2012 them. So now there is kind of a rela- pointees. These appointees included special interests to operate in the dark. tionship built up here between the peo- James Kvaal, the Deputy Under Sec- Just bring them out of the shadows— ple who know their way around Con- retary, and another policy expert at not that what they are doing is illegal, gress and people who want this infor- the Department and Phil Martin, the but we ought to know what it is. mation that if there is investment in Secretary of Education’s confidential For these reasons, and to support stock as a result of this and there is an assistant. To this day we do not know transparency, to support open govern- increase in the value of the stock, that why the Department’s higher edu- ment, and to support good government, one will do their trading through the cation policy experts needed to know I will oppose cloture on the bill, and I company. That is a tragic result of this that a hedge fund investor was losing hope a lot of my colleagues—in fact, I decision by the leadership to leave out money. What we do know is that for- hope all 60 of my colleagues who voted the amendment that was adopted by 60 profit stock dropped significantly, and for the amendment in the first place— Members of this Congress and would do if you bet big that these stocks would will oppose cloture. nothing more—not make anything ille- drop, you likely made a lot of money. If cloture is invoked, which is likely, gal—than let us know who these people When the Department of Education I intend to vote for this bill anyway be- are. answered my questions, they admitted cause the underlying bill is a very nec- Through my oversight investiga- to my staff that this e-mail was not a essary piece of legislation, but it is not tions, I have learned that political in- proper contact. much of a victory for the American telligence gathering for Wall Street is In addition, the Department of Edu- people. As the Washington Post said, if a growing field ripe for abuse. Here are cation inspector general is inves- it included the Leahy amendment, if it two examples of the type of activity tigating the gainful employment rule- included the Grassley amendment, it that will continue to be kept in the making process. would be the most sweeping ethics re- dark. These are just two examples in gov- form in the last 5 years. In the course of my investigations of ernment agencies where reports such I yield the floor and reserve the re- a whistleblower’s claim, I learned that as these are just the tip of the iceberg. mainder of my time. I suggest the ab- the Center for Medicare and Medicaid The more power Washington, DC has, sence of a quorum. Services has closed-door meetings with the more it affects financial markets, The assistant legislative clerk called Wall Street firms where CMS policies and the more it affects financial mar- the roll. are discussed. No record is kept of the kets, the more people on Wall Street The PRESIDING OFFICER. The Sen- meetings, and employees are essen- want to pay for information about ator from Rhode Island. tially on the honor system to make what is going to happen here on this is- Mr. REED. Mr. President, I ask unan- sure they are not giving investors in- land surrounded by reality that we call imous consent that the order for the side information. As an example, the Washington, DC. quorum call be rescinded. whistleblower who came to us claimed Usually, the only way any sort of The PRESIDING OFFICER. Without that over a dozen CMS employees spent ethics reform gets done around here is objection, it is so ordered. nearly 2 hours briefing Wall Street an- if someone gets caught. With political Mr. REED. Mr. President, this is a alysts and investigators on the tax- intelligence, we have the opportunity critical moment. The Senate is on the payers’ dime. A member of the public to create transparency before the next verge of adopting legislation that could could not walk in and get that kind of scandal occurs. As government grows, cost the American people dearly in the access to that information. CMS is sup- this industry is going to grow, with the future. The House bill with respect to posed to be working for us. Instead, we potential for corruption. The question capital formation, which is labeled a found out that they are working for is, What are we going to do about it? jobs bill, but goes more to fundamen- Wall Street. If my amendment fails, we Transparency is the simplest and least tally changing security laws, is, in ef- won’t know how many of these meet- intrusive solution, and if transparency fect, another regulatory race to the ings occur throughout the government doesn’t do the job, then you can legis- bottom. There has not been a normal and who profits from these meetings. late. But I have found out through so committee process in terms of weigh- Another example is an investigation many of my investigations over the ing this legislation. This is a com- I conducted into the Obama adminis- last 20 years that if you bring trans- plicated bill involving the interaction tration’s Department of Education. parency to something and get it out in of many different securities laws, The Department of Education was get- the open, it tends to correct itself— interactions which have not been sort- ting set up to issue regulations on maybe not completely but to a great ed out or analyzed. As a result, we are gainful employment that would affect degree. rushing to justice—or rushing to con- not-for-profit colleges. Several hedge Originally, in starting investigations, clusions. funds had bet big that those new regu- you think you are going to have to Hasty deregulation has repeatedly lations would make it harder for for- have a massive amount of legislation, been the source of financial crises—in- profit colleges to do business. Then but when you get transparency in- cluding the savings and loans crisis, news began to leak that those regu- volved and the accountability that the Enron-era crisis, the great reces- lators were not going to be as tough as goes along with it, you find that you sion of 2008, and the list goes on. Those was expected. Suddenly, for-profit don’t have to pass a lot of laws, that a who are impacted by those crises— stocks began to rise, and these hedge lot of people know that if somebody is those who lost their savings or dealt fund investors reached out to their looking over their shoulder, they are with cleaning them up, experts in this friends in the Department of Edu- going to do what is right. field, and many more—have come out cation. Now, we can commission another in strong opposition to the House pro- This is from an actual e-mail my in- study, as the House of Representatives posal: from the Chairman of the Secu- vestigators uncovered. It was sent from wants to do and we are going to be vot- rities and Exchange Commission, Mary Steve Eisman, a hedge fund investor, ing on when we vote on cloture here, Schapiro, the North American Securi- to David Bergeron. He was part of a but that is kicking the can down the ties Administrators Association, the team in charge of writing these regula- road for another year. We can act State officials charged with enforcing tions. The e-mail reads: today by defeating cloture and getting securities laws, auditors, financial ana- I know you cannot respond, but FYI edu- to some of these amendments that lysts, pension fund managers, and orga- cation stocks are running because people are have such widespread support in the nizations like AARP, all who have spo- hearing DOE is backing down on gainful em- Congress of the United States. With 60 ken out against this legislation and ployment. votes in the Senate and 286 cosponsors supported my efforts to protect inves- To translate that Wall Street jargon, in the House of Representatives, this is tors. the term ‘‘running’’ means that a stock our last chance to make sure the Sen- This capital formation bill is fun- is going up. ate speaks with a unified voice against damentally flawed, and it should not Within minutes this e-mail was secrecy for political and economic espi- become law in its present form. It un- marked ‘‘high importance’’ and for- onage people and for transparency in dercuts and dilutes investor protec- warded to senior-level political ap- government. We must not allow the tions and has no real requirements to

VerDate Mar 15 2010 00:54 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.018 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1967 protect American jobs in order to use the underwriters were paid 18 times businesses. They will hear the pitches these new capital raising procedures. what the auditors were. Groupon paid to make their investment now and get That is what is so ironic. We have a their accountants and auditors $1.5 rich. jobs bill, but actually I see nothing in million, and their investment bankers Again, there is potential for expand- this bill that requires creating Amer- received $42 million. So the notion that ing the use of regulation A—it is on the ican jobs in order to earn the benefits these Sarbanes-Oxley auditing costs books already at the Securities and Ex- of this bill. I think it is, again, and accounting procedures are what is change Commission—but not without misnomered as a jobs bill. stopping a business person from decid- safeguards. For example, as the bill is In addition to the substitute amend- ing to go ahead ignores the fact that currently drafted, these solicitations ment I offered with Senators LANDRIEU, compared to the investment banking can be made without audited financial LEVIN, and others that received a ma- fees which they will still have to pay, statements. I think as a point of depar- jority vote earlier this week, I offered these costs are somewhat insignificant ture, if someone is trying to sell a se- an amendment that we will be voting in comparison. curity, they should at least have to on later today to clarify the share- Theoretically, this bill is supposed to provide ordered financials from the holder trigger for Exchange Act report- promote the flow of capital to emerg- company they are soliciting on behalf ing so that all companies count their ing businesses. But in practice it will of. actual shareholders so they cannot likely promote and continue to pro- Now, the crowdfunding amendment, I avoid periodic reporting requirements. mote the flow of big fees to investment hope, will be improved dramatically by Adoption of this amendment would bankers and others to bring these com- the work of Senator MERKLEY and Sen- achieve one of the stated goals of the panies public. There is nothing wrong ator BENNET and Senator BROWN. We legislation, which is ostensibly to have with that, but there is nothing in this will be voting on that later today too. more companies into a transparent underlying legislation that is going to It is a substantial improvement, but I marketplace, disclosing and/or listing require discounts in the cost of an IPO think even they themselves will admit on stock exchanges. That was the because of the reductions in accounting this is an experiment and perhaps whole essence of this IPO onramp idea: costs. There is nothing in this legisla- could be improved even further. But I encourage more people to go public so tion that will change that dynamic. commend them and salute them for they can disclose information to share- However, this legislation could give in- what they have done, and I hope our holders, so the market can follow siders more ways to manipulate the colleagues will accept the amendment them, and so investment advisers can market while average investors are left and move forward. Over the last few days we have spent advise investors about purchasing the out in the cold. stocks on the market. There is a difference between cutting a great deal of time talking about the This proposed amendment would redtape and allowing insiders to cut shortcomings in this legislation. With close one glaring loophole, but, frank- corners—undoing the commonsense the exception of the proposals before us, many of these shortcomings still ly, too many others remain, and I have safeguards that protect people who exist, and I think they will lead poten- grave concerns about the impact this play by the rules. The House bill lowers tially to difficulties and harm to inves- underlying bill will have on the middle standards for taking companies public class. Backers say it is needed because tors. and lowers standards for protecting the People understand investing is risky. initial public offerings are down since public from investment fraud. They try to make an informed choice, the 1990s. They blame regulation, ig- This so-called IPO onramp des- and they win some and lose some. But noring evidence that the dot-com bub- perately needs an offramp, through most Americans would agree that U.S. ble bursting—which shook the con- more careful consideration by the Sen- financial markets work best when in- fidence of many investors through lots ate and the House in conference so that vestors have access to timely, com- of new IPOs coming on the market we can improve some provisions which prehensive, and accurate public infor- quickly with huge multiples in their have great merit but need improve- mation that allows people to make prices and then quickly disappearing ment. This bill would allow very large solid investment decisions. In fact, one and leaving the scene altogether—and companies with up to $1 billion in reve- of the principles of the competitive the biggest financial collapse since the nues per year to avoid financial trans- market, if we refer to an economics 101 Great Depression, beginning in 2008 and parency and auditing disclosure de- textbook, is perfect information. lingering with us today, have shaken signed to ensure they are not manipu- That is the assumption for competi- the confidence and, frankly, shaken the lating their books while enjoying light- tive markets: perfect information. business calculation of many small er regulation for up to 5 years after the Well, there is never perfect informa- businesses. IPO. tion. But there has to be adequate in- These small businesses are looking to If this unbalanced bill becomes, law formation. Otherwise it is not a mar- expand when they see the demand out without these needed improvements, it ket, it is a casino. This legislation un- there for their products. If the demand could weaken oversight of Wall dermines some of the decades-long pro- is there, they will, even in this envi- Street—oversight that in the past has tections we have had in place to pro- ronment, go forward with initial public provided investors protections that are vide at least adequate information to offerings. They also repeatedly blame extremely important. Again, there is investors. the lack of IPOs on accounting costs merit to the idea of giving small start- By stripping away auditing standards and all other compliance costs brought up companies more financing options, and giving the investing public less in- on by Sarbanes-Oxley and other laws. but the devil is in the details, and the formation in almost every setting, so- They conveniently ignore that the sin- way this bill is written and packaged phisticated players and investment gle largest cost, by a large multiple, is could have the opposite effect and ulti- banks will have all the advantages. The not the Sarbanes-Oxley audit costs or mately make it harder to raise capital. average investor will be operating in the attorney costs; they are the invest- It opens the spigot to general solici- much more challenged circumstances. ment bankers’ fees, and there is noth- tation and mass marketing of what Middle-class America will be particu- ing in this legislation that will affect have traditionally been private securi- larly affected. As USA Today noted: those fees whatsoever. ties offerings, and we could fully expect Banks that manage IPOs will be able to In the case of Groupon, for example, to have senior citizens and others— use inside access to past financial results to the investment bankers were paid 28 through nightly cable advertisements, dominate research on new companies, with times what the auditors were paid. If through billboards, cold calls by bro- incentives to promote their firm’s banking we ask the shareholders of a company’s kers, or other individuals telling them clients. stock whether they would prefer solid about the special opportunities for in- The American people want big banks auditing practices going forward to en- vesting their cash, fall for some of and large companies to play fair and sure their investment is being wisely these tactics. comply with the basic rules and re- used, I think they would say they pre- Retail investors can be solicited sponsibilities that go with being a pub- fer that to paying large fees to invest- through this bill’s reg A process to lic company. That is not too much to ment bankers. In the case of LinkedIn, raise up to $50 million capital for small ask.

VerDate Mar 15 2010 00:54 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.037 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1968 CONGRESSIONAL RECORD — SENATE March 22, 2012 I believe history will judge this mis- unanimously or at least in committee that is, there is a very vast range of in- named bill quite harshly. Instead of by overwhelming majorities. This is vestor protections that are completely rushing to pass this bill, we should be very broad bipartisan support. unaddressed, completely unaffected by working together to protect the inter- It is important, however, that to get this legislation. ests and economic well-being of the to this point we need to defeat the The legislation is actually modest in American public. We should be focused amendment offered by my friend and the regulations it changes, and the cat- on creating jobs and helping working colleague, whom I respect a great deal, egories it leaves in place to protect in- families. In my estimate, this bill does the Senator from Rhode Island, who is vestors who are choosing to invest in not do that and, indeed, ironically, it offering an amendment that would companies—be they public or private— could harm our constituents by shat- have devastating unintended con- are quite extensive. A whole range of tering their faith—and it has been test- sequences—an amendment that does antifraud provisions that remain in full ed quite recently by the financial crisis not merely weaken the progress we are force are unaffected. and other crises—in the market, rather going to make with this bill but would A full range of SEC disclosure and re- than reinforcing their confidence that actually take us backwards from where porting obligations remain entirely they will be protected against fraud we are today. still in full force. There are governance and manipulation. The way in which it would do that— rules that are unaffected by any of this I believe we are capable of writing and I doubt this is the intent, but I am legislation—proxy statements, report- better legislation without sacrificing sure this is the consequence of this ing obligations. We have a very exten- important investor protections. I hope amendment—if it were enacted, this sive body of law and regulation that we can go forward. I am disappointed amendment would cause companies very precisely controls all kinds of re- the substitute amendment, authored that are organized as private compa- porting and disclosure requirements by myself and Senator LANDRIEU and nies, for good and sufficient reasons— designed to protect investors. It all Senator LEVIN, was not accepted. As many for many years; they choose to stays in place. such, I would urge, when we get to be private companies because it is what Investors remain very well protected final passage, people think very seri- is best for their business, their employ- if this legislation is enacted. ously about the consequences of the ees, and their customers—it would I want to touch on the three aspects bill. Despite the efforts of Senator force many of them to become public I think I am most excited about, and I MERKLEY and Senator BENNET, Senator companies against their will. will acknowledge my bias. These are BROWN of Massachusetts and others, Because a change in the rules, in the three bills I introduced with Demo- despite my efforts, I am afraid the final regulations by which we count the cratic cosponsors in the Senate, each of version of this legislation will not pro- number of shareholders—as the amend- which has been rolled up into this tect investors as it should and, there- ment from the Senator from Rhode Is- package, in addition to the fore, should be rejected. land would do—would trigger this crowdfunding piece I alluded to earlier Mr. President, I ask unanimous con- change in the status of these compa- and a bill introduced by Senator THUNE sent that any time remaining in nies, having an enormously detri- and others that is also part of this quorum calls be equally divided be- mental impact on many companies, package. tween my Republican colleagues and raising their costs of compliance dra- One of the pieces in this jobs package my Democratic colleagues. matically, making them less profit- that is very constructive is a bill I in- The PRESIDING OFFICER. Is there able. troduced with Senator TESTER. This is objection? I am very concerned, for instance, a bill that takes the existing regula- Without objection, it is so ordered. among the many ways this could hap- tion A in the securities law, the body The Senator from Pennsylvania is pen—one could be through ESOPs, the of law—regulation A allows companies recognized. employee stock ownership plans. I to issue a security in a streamlined Mr. TOOMEY. Mr. President, I would know the Senator from Rhode Island regulatory fashion. It streamlines the like to yield myself 5 minutes to dis- believes they would not trigger this. I process. It reduces costs somewhat. cuss the JOBS Act. think it is very likely they would. Not The problem is, the current limit is The PRESIDING OFFICER. Without only would this force private compa- only $5 million, making it not very objection, it is so ordered. nies to go public against their will, but practical for the vast majority of com- Mr. TOOMEY. Mr. President, I think it would discourage the creation of em- panies. Our bill would take that limit we are on the verge of doing something ployee ownership in companies. I think to $50 million and make this an option very constructive in this body, some- the last thing we want to do is discour- to raise capital and grow a business thing very constructive for our econ- age a very constructive way of compen- that would be available to far more omy, for the American people, for eco- sating employees. companies. nomic growth, and for job creation. So if we can defeat the Reed amend- A second piece that I introduced with After being in a Congress that has thus ment, then we can move on to—I think Senator CARPER, and I am very grate- far been a little frustrating for the lack we will have another amendment that ful to Senator CARPER for his work, is of progress we have made on this front, will deal with crowdfunding. I do not to lift the permissible number of share- today is a very big day. know whether that passes. But either holders that a small privately held We have a chance to pass a bill that way we will be able to expand the op- business can have without triggering has passed the House overwhelmingly portunity of small companies to raise the full, very expensive, and onerous with a huge bipartisan majority—a bill capital through crowdfunding mecha- SEC compliance regime. Our bill would that the President of the United States nisms. Then we will have a final pas- take that from a current level of 500 up has said he will sign into law. We have sage vote on what I think might be the to 2,000. There are many companies a chance to pass this, to have it signed most progrowth measure this body will throughout Pennsylvania, across the into law, and to, thereby, enable small consider perhaps this whole year. country, that are successful. They are and growing businesses across America Let me walk through a couple of spe- thriving, they are growing, but they greater access to the capital they need cific items. have a number of shareholders that is to grow, to hire new workers, to help This is a chart I have in the Chamber bumping up against their limit. They expand this economy, to really make that shows just a sampling of the orga- are close to 500. They need to raise cap- some progress at a time when we need nizations and institutions that support ital. They do not want to go public, it badly. this bill. It is a wide range of busi- and they have plenty of people who The bill I am talking about, of nesses and business associations, folks would like to invest in their successful course, is the JOBS Act. It has passed who are in the business of launching business so they can grow. But they the House 390 to 23—an overwhelming new companies, of growing small com- cannot do it because they are so close majority. It consists of a series of com- panies. It is a long list. This is an in- to the threshold. We would lift that ponent measures I will talk about in a complete subset of that list. threshold to 2,000 so they can raise little bit in some detail—each of which As shown on this next chart, this is more money in the private markets has either passed the full House almost an important point I want to make; which is available to them.

VerDate Mar 15 2010 00:54 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.039 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1969 Then, finally, what is in some ways port—this overwhelming vote in the vest in a company as soon as we reduce the centerpiece of this legislation in House, the endorsement of the Presi- disclosure, auditing, and accounting my mind is a bill I introduced with dent of the United States, the support standards. They say this is a perfect Senator SCHUMER, and I thank him for and cooperation with individual Demo- way to create jobs. But why should in- his work. This is a bill that facilitates cratic Senators who have cosponsored vestors choose to invest in companies going public. When a company reaches key pieces of this legislation. under conditions that do less to protect that point in its growth where—in I do think it is equally important we their money? Why should investors order to grow further, in order to hire defeat the Reed amendment so we do who were burned during the dot-com more workers, in order to expand—it not actually go backwards in this proc- crash put more capital in companies needs to become a publicly traded com- ess and have the unintended con- that are exempt from the same rules pany, we make it more affordable for sequence of forcing currently private we put in place to ensure it would more companies to do that, so they can companies to become public against never happen again? Why would inves- do it sooner, they can grow sooner, their will, forcing them to incur all tors who were left with nothing after they can hire the additional workers kinds of costs that are actually coun- the financial crisis because of risky be- sooner. terproductive. If we can do that today, havior by executives with golden para- We do it with what we call an then I think we can pass this legisla- chutes find companies exempt from onramp. It is a process by which a com- tion. We know the President of the compensation standards more attrac- pany—if it has less than $1 billion in United States will sign it. We should do tive? sales, less than $750 million in market it as soon as we can. I wish to thank all The answer is they will not. The ones flow—such a company would be able to my colleagues who played a role in ad- who do will be more exposed to deceit do a public offering without being sub- vancing us to the point we are at and fraud. The result will not be more ject to all of the most expensive parts today. jobs, it will be less transparency, less of the SEC regulatory regime. They I yield the floor and I suggest the ab- accountability. Professor John Coats of would be required to comply with a big sence of a quorum. Harvard Law School agrees. Here is majority of all of the existing report- The PRESIDING OFFICER. The what he said: ‘‘[T]he proposals could ing requirements, but there would be clerk will call the roll. not only generate front-page scandals, some pieces—especially section 404(b) The bill clerk proceeded to call the but reduce the very thing they are of the Sarbanes-Oxley Act, which is ex- roll. being promoted to increase: job Mr. DURBIN. Madam President, I ask tremely complex and expensive to com- growth.’’ unanimous consent that the order for ply with—they would not have to fully Listen to what SEC Chief Accountant the quorum call be rescinded. Lynn Turner said: comply with that for 5 years or until The PRESIDING OFFICER (Mrs. they reached $1 billion in sales or $750 The proposed legislation is a dangerous HAGAN). Without objection, it is so or- and risky experiment with US capital mar- million in market flow, whichever dered. came first. kets. . . . I do not believe it will add jobs but Mr. DURBIN. Madam President, how may certainly result in investor losses. So what we are doing with this part much time is remaining in the debate The House-passed bill, as written, of the JOBS Act is we are giving small on this measure? and growing companies an opportunity The PRESIDING OFFICER. There is will not create jobs, but let me tell you to grow into the ability to afford the 23 minutes total; 18 minutes on the ma- what it will do. It will exempt firms most expensive regulation to which jority side. with more than $1 billion in revenue— they would be subject. Nobody is ex- Mr. DURBIN. Madam President, I see that is 90 percent of the newly public empted permanently. Everybody who the floor is vacant. I assume the time companies—more than $1 billion of an- goes public would be subject to the full is being taken from both sides at this nual revenue exempted from the stand- panoply of regulations within 5 years moment. ards that help ensure audits based on or sooner if they grow faster, and it is The PRESIDING OFFICER. In the facts, not on who is managing the audi- only available to companies that have quorum call, the time is being charged tor’s contract. These are the same in- sales, as I said, of less than $1 billion. equally. Right now, it is being charged ternal controls we just adopted after But that describes a great number of to the majority. Enron, after we were burned there, companies. Mr. DURBIN. Thank you. I will try after investors lost their money, after I can tell you from personal experi- to fill that time with something inter- pension funds lost their investment, ence, when a company is approaching esting. The United States has the best after people lost their jobs. We set up that threshold of asking themselves: markets in the world. Because of standards and said: Let it never happen Should we go public—we could grow, strong regulation and oversight by the again. we could use the capital, we could de- Securities and Exchange Commission In this euphoria, we are going to re- ploy it to hire more workers, we could and other agencies, our markets are peal the Enron standards for these make constructive use of it—they also transparent and investors get accurate companies. This bill would allow com- have to weigh the cost. The cost of detailed information. One hundred mil- panies to use billboards and cold calls compliance right now is huge, and we lion Americans depend on the strong to lure unsophisticated investors with have seen a huge dropoff in the number regulated markets when they are mak- the promise of making a quick buck in- of IPOs. We have seen a huge extension ing their savings for retirement or col- vesting in new companies. in the period of time between the suc- lege. This is a creation that began back According to the New York Times, it cessful launch of a company and the after the Great Depression, when will allow anyone with an idea to post moment they do an IPO. We have seen Franklin Roosevelt said we needed to that idea online and raise $1 million that lengthen dramatically since we establish the appropriate regulatory without ever providing financial state- passed Sarbanes-Oxley. It is, in part, agencies to set the economy on the ments. This is a scam. How many times because it is so expensive to comply. right track and keep it there. have we picked up our cell phones to So what we will be doing, if we pass Strong oversight has helped pension see there is a Nigerian opportunity out this legislation today—which I cer- fund managers who count on safety and there? Be prepared after this bill tainly hope we will—is making it a lit- transparency so they can provide pen- passes. They will not be from Nigeria; tle bit more affordable for companies sion benefits to millions of American they may be from next door. We are to make that decision sooner, which retirees, and investors from around the giving them the opportunity to ask means hiring workers sooner, which world bring their money here because people all across America for their means growing sooner, which means of our investor protections. Yet the hard-earned savings on investments more growth for our economy, more Senate is considering a House-passed that are not backed with financial opportunities for all of the people we capital formation bill that rolls back statements. represent. the very protections that make our Last Friday, SEC Commissioner So I am very optimistic. I am very markets the best in the world. Aguilar joined the Chairman of the pleased that we have been able to pull Supporters of this bill claim inves- SEC Mary Schapiro in raising concerns together such broad bipartisan sup- tors will jump at the opportunity to in- about this House-passed bill. Is that

VerDate Mar 15 2010 00:54 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.040 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1970 CONGRESSIONAL RECORD — SENATE March 22, 2012 not fair warning that we ought to least fraud will be, and how much the reduction in other than a community bank, the threshold have a hearing on this bill before it information verifiability will be as a result would also be triggered by 500 non-accredited passes? of the changes. investors). Moreover, the bill would exclude I ask unanimous consent to have ‘‘Thus, the proposals could not only gen- from such counts any shareholders that ac- erate front-page scandals, but reduce the quire securities through crowdfunding initia- Commissioner Aguilar’s statement very thing they are being promoted to in- tives and those that acquire securities as eli- printed in the RECORD. crease: job growth.’’ gible employee compensation. Thus, a com- There being no objection, the mate- Similarly, Professor Jay Ritter of the Uni- pany could have a virtually unlimited num- rial was ordered to be printed in the versity of Florida has testified before the ber of record stockholders, without being RECORD, as follows: Senate banking committee that such pro- subject to the disclosure rules applicable to [From the U.S. Securities and Exchange posals could in fact reduce capital forma- public companies. This effect is magnified by Commission, Mar. 16, 2012] tion: the fact that the reporting threshold only ‘‘In thinking about the bills, one should counts records holders, excluding the poten- INVESTOR PROTECTION IS NEEDED FOR TRUE keep in mind that the law of unintended con- tially unlimited number of beneficial owners CAPITAL FORMATION sequences will never be repealed. It is pos- who hold their shares in ‘‘street name’’ with (By Commissioner Luis A. Aguilar) sible that, by making it easier to raise banks and brokerage companies, and thus Last week, the House of Representatives money privately, creating some liquidity are not considered record holders. passed H.R. 3606, the ‘‘Jumpstart Our Busi- without being public, restricting the infor- This provision of the bill raises concerns ness Startups Act.’’ It is clear to me that mation that stockholders have access to, re- because it could significantly reduce the H.R. 3606 in its current form weakens or stricting the ability of public market share- number of companies required to file finan- eliminates many regulations designed to holders to constrain managers after inves- cial and other information. Such informa- safeguard investors. I must voice my con- tors contribute capital, and driving out inde- tion is critical to investors in determining cerns because as an SEC Commissioner, I pendent research, the net effects of these how to value securities in our markets. Reg- cannot sit idly by when I see potential legis- bills might be to reduce capital formation ular financial reporting enhances the alloca- lation that could harm investors. This bill and/or the number of small [emerging growth tion of capital to productive companies in seems to impose tremendous costs and po- company] IPOs.’’ our economy. tential harm on investors with little to no As drafted, H.R. 3606 would have signifi- Third, the bill would exempt ‘‘emerging corresponding benefit. cant detrimental impacts on the U.S. securi- growth companies’’ from Section 404(b) of H.R. 3606 concerns me for two important ties regulatory regime, including the fol- the Sarbanes-Oxley Act, which requires the reasons. First, the bill would seriously hurt lowing: independent audit of a company’s internal fi- investors by reducing transparency and in- First, the bill will reduce publicly avail- nancial controls. Section 404(b) currently ap- vestor protection and, in turn, make securi- able information by exempting ‘‘emerging plies only to companies with a market cap- ties law enforcement more difficult. That is growth companies’’ from certain disclosure italization above $75 million; companies bad for ordinary Americans and bad for the and other requirements currently required below that threshold have never been subject American economy. Investors are the source under the Federal securities laws. The bill’s to the internal controls audit requirement of capital needed to create jobs and expand definition of ‘‘emerging growth company’’ and were exempted from such requirement in businesses. True capital formation and eco- would include every issuer with less than $1 the Dodd-Frank Act. The internal controls nomic growth require investors to have both billion in annual revenues (other than large audit was established following the account- confidence in the capital markets and access accelerated filers and companies that have ing scandals at Enron, WorldCom and other to the information needed to make good in- issued over $1 billion in debt over a three companies, and is intended to make financial vestment decisions. year period) for five years after the com- reporting more reliable. Indeed, a report last Second, I share the concerns expressed by pany’s first registered public offering. It is year by Audit Analytics noted that the larg- many others that the bill rests on faulty estimated that this threshold would pick up er public companies, known as accelerated premises. Supporters claim that the bill 98% of IPOs and a large majority of U.S. pub- filers, that are subject to Section 404(b), ex- would improve capital formation in the lic companies for that five year period. perienced a 5.1% decline in financial state- United States by reducing the regulatory An emerging growth company would only ment restatements from 2009 to 2010; while burden on capital raising. However, there is have to provide two years (rather than three non-accelerated filers, that are not subject significant research to support the conclu- years) of audited financial statements, and to Section 404(b), experienced a 13.8% in- sion that disclosure requirements and other would not have to provide selected financial crease in such restatements. A study by the capital markets regulations enhance, rather data for any period prior to the earliest au- SEC’s Office of the Chief Accountant rec- than impede, capital formation, and that dited period presented in connection with its ommended that existing investor protections regulatory compliance costs are not a prin- initial public offering. It would also be ex- within Section 404(b) be retained for issuers cipal cause of the decline in IPO activity empt from the requirements for ‘‘Say-on- with a market capitalization above $75 mil- over the past decade. Moreover, nothing in Pay’’ voting and certain compensation-re- lion. With the passage of H.R. 3606, an impor- the bill requires or even incentivizes issuers lated disclosure. Such reduced financial dis- tant mechanism for enhancing the reli- to use any capital that may be raised to ex- closure may make it harder for investors to ability of financial statements would be lost pand their businesses or create jobs in the evaluate companies in this category by ob- for most public companies, during the first U.S. scuring the issuer’s track record and mate- five years of public trading. Professor John Coates of Harvard Law rial trends. Fourth, the bill would benefit Wall Street, School has testified that proposals of the ‘‘Emerging growth companies’’ would also at the expense of Main Street, by overriding type incorporated into H.R. 3606 could actu- be exempt from complying with any new or protections that currently require a separa- ally hurt job growth: revised financial accounting standards tion between research analysts and invest- ‘‘While [the proposals] have been charac- (other than accounting standards that apply ment bankers who work in the same firm terized as promoting jobs and economic equally to private companies), and from and impose a quiet period on analyst reports growth by reducing regulatory burdens and some new standards that may be adopted by by the underwriters of an IPO. These rules costs, it is better to understand them as the PCAOB. Such wholesale exemptions may are designed to protect investors from poten- changing . . . the balance that existing secu- result in inconsistent accounting rules that tial conflicts of interests. The research scan- rities laws and regulations have struck be- could damage financial transparency, mak- dals of the dot-com era and the collapse of tween the transaction costs of raising cap- ing it difficult for investors to compare the dot-com bubble buried the IPO market ital, on the one hand, and the combined costs emerging companies with other companies in for years. Investors won’t return to the IPO of fraud risk and asymmetric and unverifi- their industry. This could harm investors market, if they don’t believe they can trust able information, on the other hand. Impor- and, arguably, impede access to capital for it. tantly, fraud and asymmetric information emerging companies, as capital providers Fifth, H.R. 3606 would fundamentally not only have effects on fraud victims, but may not be confident that they have access change U.S. securities law, by permitting un- also on the cost of capital itself. Investors to all the information they need to make limited offers and sales of securities under rationally increase the price they charge for good investment decisions about such com- Rule 506 of Regulation D (which exempts cer- capital if they anticipate fraud risk or do not panies. tain non-public offerings from registration have or cannot verify relevant information. Second, the bill would greatly increase the under the Securities Act), provided only that Anti-fraud laws and disclosure and compli- number of record holders a company may all purchasers are ‘‘accredited investors’’. ance obligations coupled with enforcement have, before it is required to publish annual The bill would specifically permit general so- mechanisms reduce the cost of capital. and quarterly reports. Currently, companies licitation and general advertising in connec- ‘‘. . . Whether the proposals will in fact in- with more than 500 shareholders of record tion with such offerings, obliterating the dis- crease job growth depends on how inten- are required to register with the SEC pursu- tinction between public and private offer- sively they will lower offer costs, how exten- ant to Section 12(g) of the Securities Ex- ings. sively new offerings will take advantage of change Act and provide investors with reg- This provision may be unnecessary. A re- the new means of raising capital, how much ular financial reports. H.R. 3606 would ex- cent report by the SEC’s Division of Risk, more often fraud can be expected to occur as pand that threshold to 2000 record holders Strategy and Financial Innovation confirms a result of the changes, how serious the (provided that, in the case of any issuer that Regulation D has been effective in

VerDate Mar 15 2010 00:54 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.025 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1971 meeting the capital formation needs of small mand a ‘‘discounted price’’ to offset any per- How do any perceived benefits from H.R. businesses, with a median offering size of ceived higher risk resulting from reduced 3606’s exemption of emerging growth compa- $1,000,000 and at least 37,000 unique offerings disclosures and protections? nies from the audit of internal controls com- since 2009. Regulation D offerings surpassed Will emerging growth companies be re- pare to the likelihood of increased restate- $900 billion in 2010. The data does not indi- quired to include risk factors or other disclo- ments? Would an increase in restatements cate that users of Regulation D have been se- sure in their registration statements and hamper capital formation? riously hampered by the prohibition on gen- other filings, regarding transparency, com- Will the lack of an internal controls audit eral solicitation and advertising. parability and any potential effects thereof? result in greater financial and accounting I share the concerns expressed by many 3. The bill would expand the threshold for fraud? that this provision of H.R. 3606 would be a the number of shareholders an issuer may 7. The bill requires the Commission to re- boon to boiler room operators, Ponzi schem- have, before it is required to file annual and vise its rules to provide that the prohibition ers, bucket shops, and garden variety other reports under Section 12(g) of the Ex- against general solicitation or general adver- fraudsters, by enabling them to cast a wider change Act, from 500 to 2000 (of which no tising contained in Regulation D shall not net, and making securities law enforcement more than 500 may be non-accredited inves- apply to offers and sales of securities pursu- much more difficult. Currently, the SEC and tors, for issuers other than community ant to Rule 506, provided that all purchasers other regulators may be put on notice of po- banks), and would exclude from such counts are accredited investors. Given the success of Regulation D as a cap- tential frauds by advertisements and Inter- shareholders that acquire securities through ital raising mechanism, including its suc- net sites promoting ‘‘investment opportuni- crowdfunding initiatives and those that ac- cessful use by small and emerging compa- ties.’’ H.R. 3606 would put an end to that quire securities as eligible employee com- nies, is there any evidence that general solic- tool. Moreover, since it is easier to establish pensation. itation and general advertising are necessary a violation of the registration and pro- How was the new threshold of 2000 holders for capital formation? spectus requirements of the Securities Act determined? Is that the right threshold for determining Given the current definition of ‘‘accredited than it is to prove fraud, such scams can whether the public interest in such securi- investor’’, is that the right test for deter- often be shut down relatively quickly. H.R. ties justifies regulatory oversight? mining who issuers may target, in offers 3606 would make it almost impossible to do How many companies would be exempted made by general solicitation or advertising? so before the damage has been done and the from registration and reporting by the bill? CONCLUSION money lost. When shares are held in ‘‘street name’’ the H.R. 3606 would have a significant impact In addition others have noted that the cur- number of beneficial owners may greatly ex- rent definition of ‘‘accredited investor’’ may on the capital markets and raises many ceed the number of record holders. How will questions that have yet to be satisfactorily not be adequate and that the requirement the new threshold of 2000 record holders be that purchasers be accredited investors resolved. I have yet to see credible evidence applied in such cases? that justifies the extensive costs and poten- would provide limited protection. For exam- How would the exclusion of employees and ple, an ‘‘accredited investor’’ retiree with $1 tial harm to investors this bill may impose. crowdfunding purchasers be applied, if such I urge Congress to undertake the review million in savings, who depends on that holders transfer their shares to other inves- necessary to resolve these questions, and to money for income in retirement, may easily tors? How would this be tracked? ensure that investors, as the providers of the fall prey for a ‘‘hot’’ offering that is contin- 4. To the extent the bill results in reduced capital that companies need to grow and cre- ually hyped via the internet or late night transparency and/or reduced liquidity for ate jobs, have the protections they need and commercials. emerging growth companies, or for compa- deserve. These are just a few observations regarding nies exempted from Exchange Act reporting H.R. 3606. It also includes other provisions by the new thresholds under Section 12(g), Mr. DURBIN. Commissioner Aguilar that require substantial further analysis and such results may impact investment deci- said he shares concerns expressed by review, including among other things the so- sions by institutional investors. many that provisions of this bill would called crowdfunding provisions. How would mutual fund managers, pension be a boon to boiler room operators, The removal of investor protections in this fund administrators, and other investors Ponzi schemers, bucket shops, and gar- bill are among the factors that have prompt- with fiduciary duties address such reduced den variety fraudsters by enabling ed serious concerns from the Council of In- transparency or lack of liquidity in making them to cast a wider net and make se- stitutional Investors, AARP, the North investment decisions? American Securities Administrators Asso- Could reduced transparency or reduced li- curities law enforcement that much ciation, the Consumer Federation of Amer- quidity impact the ability of fund managers more difficult. ica, and Americans for Financial Reform, to meet applicable diversification require- Others have raised concerns. The among others. ments? North American Securities Adminis- Could such effects cause managers to in- QUESTIONS RE: H.R. 3606 trators Association, the Consumer Fed- crease concentration into fewer US reporting As H.R. 3606 is considered, the following is eration of America, the Americans for companies? How would such concentration Financial Reform, the Council of Insti- a non-exhaustive list of questions that affect market risk? Would the bill result in should be addressed: tutional Investors, securities experts investor funds being redirected to companies such as Professor John Coffee and 1. The bill would define ‘‘emerging growth overseas? company’’ as any company, within 5 years of 5. The bill is being promoted as a jobs former SEC Chief Accountant Lynn its IPO, with less than $1 billion in annual measure, on the grounds that reducing regu- Turner, the AARP, concerned that sen- revenue, other than a large accelerated filer lation will improve access to capital for iors will be bilked out of their savings or a company that has issued $1 billion in small and emerging businesses, allowing with these phony solicitations for com- debt over a three-year period. them to grow and add employees. panies that may not even exist. What is the basis for the $1 billion revenue What is the evidence that regulatory over- I share the concerns. I believe there trigger? sight unduly impedes access to capital? is a path forward to protect investors Why is revenue the right test? Why is $1 What is the evidence that companies that billion the right level? are otherwise prepared to grow (that is, they and make it easier for small firms to It has been estimated that this definition have the appropriate business model, man- come up with capital. Several of my would include 98% of all IPOs, and a large agement team, and aspirations) are pre- colleagues had a substitute amend- majority of all public companies within the vented from growing by an inherent lack of ment—Senator JACK REED, Senator 5-year window. Was such a broad scope in- access to potential sources of capital? CARL LEVIN, Senator MARY LANDRIEU— tended? I understand that the costs of complying which would have done just that, made 2. As provided in the bill, financial ac- with regulatory requirements are a factor it easier to raise capital but kept the counting standards, auditing and reporting underpinning H.R. 3606. How do such costs safeguards in place. standards, disclosure requirements, and the compare to other costs of raising capital, period for which historical financial state- such as investment banking fees? How do It was defeated virtually on a party- ments is required, could all differ as between such costs compare to other administrative line vote. It was defeated. It would ‘‘emerging growth companies’’ and all other costs? If reduced transparency, lack of com- have preserved the Dodd-Frank say-on- public companies—including all companies parability, and other consequences of the bill pay provisions to allow investors to that went public before December 8, 2011. result in a higher cost of capital for emerg- weigh in if executives are getting exor- How will these differences affect the com- ing growth companies, will the money saved bitant compensation and golden para- parability of financial reporting for these on compliance be worth it? chutes. The amendment would have two classes of issuers? 6. Evidence shows that the public compa- prohibited companies from advertising nies that are currently exempt from internal Will reduced transparency, or lack of com- and selling stock to the unsophisti- parability, affect the liquidity of emerging controls audit requirements have a higher growth companies? incidence of financial reporting restate- cated, unsuspecting investors. It would Will reduced transparency or reduced li- ments, and that companies that have re- have included minimum requirements quidity affect the cost of capital for emerg- stated their financial results produce sub- for crowdfounding Web sites so inves- ing growth companies? Will investors de- stantially lower returns for investors. tors are not blindly giving money to

VerDate Mar 15 2010 03:34 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.026 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1972 CONGRESSIONAL RECORD — SENATE March 22, 2012 someone with a good-looking Web site That is how the Ex-IM Bank can help Americans, when they make a decision that promises a good return that will companies in my State and companies about an investment, two basic ele- never ever happen. around the United States. ments: Make sure the salesman is tell- In short, the amendment would have I have to say, there will be an amend- ing the truth and make sure what he responded to investors’ concerns—the ment offered soon, this afternoon, said can be backed up with audited fi- very same investors some of my col- within the hour, the Merkley-Bennet- nancial statements. leagues claim the underlying bill will Scott Brown amendment, which is bi- We can all remember stories about encourage to invest. partisan. It would allow small busi- the people who used to blow in, sit That is not all we have done. The nesses to raise up to $1 million through down and sell penny stocks and $5 amendment also included a reauthor- crowdfunding Web sites but will put in stocks and unsuspecting investors los- ization of the Export-Import Bank, protections for investors from those ing their savings as these folks caught which makes loans to major companies posing as a business and selling a lot the next train out of town. We don’t and smaller companies too who want to more hope than substance. need to return to that in the name of export American-made products made The amendment would require all job creation. If we are creating the jobs by American workers. crowdfunding Web sites to register of new charlatans who are offering The reauthorization increased the with the SEC. That is a step in the these investments, these are not the bank’s lending cap to $140 billion. This right direction. It is one of the most kinds of jobs America should encour- is the same Export-Import Bank that important elements that needs to be age. received bipartisan support in the changed in this bill out of about eight I believe the House-passed bill should Banking Committee and was reported elements, and it is the only one we are be defeated today. We should take the out on a voice vote. A similar reau- likely to address this afternoon. time to get it right and listen to the thorization was introduced by a Repub- I urge my colleagues to support the Chairman of the SEC and put the pro- lican the last time around in 2006. It amendment of JACK REED of Rhode Is- tections in the law so we can move for- passed the Senate without even the re- land requiring the SEC to revise the ward with a bill that all of us can be quirement of a record vote. definition of ‘‘holder of record.’’ The fi- proud of. However, yesterday, both the Lan- nancial industry has been working I yield the floor. drieu-Reed-Levin amendment, which overtime to beat this amendment. The PRESIDING OFFICER. The Sen- was the substitute that included the They have been on the phones calling ator from Oregon is recognized. Export-Import Bank reauthorization, everybody saying, ‘‘Stop the Reed Mr. MERKLEY. Madam President, I and the Cantwell amendment failed to amendment.’’ rise to address the amendment on obtain enough votes to invoke cloture, According to John Coffee, a professor crowdfunding that we will be consid- mostly on a party-line vote. Two Re- at Columbia Law School, the share- ering shortly on the floor of the Sen- publicans voted to extend the Export- holder of record concept is archaic and ate. Specifically, the goal is to create a Import Bank authorization—two. This can be gamed. solid foundation for success of enabling is a bank which gives our companies in State securities regulators also share Americans to invest in startup compa- America a fighting chance around the that same concern. The American Se- nies, invest in small companies world to compete with those companies curities Administrators Association through the Internet, and to do so in a in other countries that are subsidized said in a recent letter that it makes fashion that does not result in preda- by their government. We have the Ex- little sense to exclude any investor tory scams but results in capital for- port-Import Bank to help our compa- from the count of beneficial holders. mation that helps small business nies, companies in my State such as The Reed amendment would require thrive across our Nation. Boeing and Caterpillar. Good-paying the SEC to update the definition of The House bill, as it came over to us, jobs right here in America, sustained ‘‘holder of record’’ to revise an out- has crowdfunding provisions that are by exports, helped by the Export-Im- dated definition that may hide the true simply a pathway to predatory scams, port Bank, defeated on the floor of the number of shareholders a company a paved highway to predatory scams. Senate. Only two Republican Senators might have. What do I mean by that? They say ba- would step up and vote for that bank, While I believe the bipartisan sically that a company seeking to raise and it used to be noncontroversial. We Merkley-Bennet and the Reed amend- investment capital doesn’t have to give did it because we knew it was so good ments will significantly improve parts any financial information of any kind for our economy. It turned out to be a of this bill, it doesn’t make this a good about their company. If they do pro- partisan issue. bill. That is why I am prepared to vote vide information, they don’t have to Too many things turn out to be par- no on final passage. have accountability for the accuracy of tisan issues on the Senate floor lately. This bill, as much as any bill we have that information. By the way, they can That is the latest casualty. It is clear ever considered on the Senate floor, hire people to pump their stock, and that politics and theoretical jobs cre- should have at least had a hearing. We that is OK under the law. In other ated by a bill that significantly reduces should have at least brought in some words, everything we associate with investor protections are more impor- expert witnesses. I will tell you, we the worst boiler rooms, the worst tant to some of my colleagues than the will rue the day we ran this thing pump-and-dump schemes, is made legal real jobs that would have been created through the House and Senate without by the House legislation. That is why by the Export-Import Bank. the appropriate oversight. I can al- we need to fix this on the floor of the The Export-Import Bank is respon- ready predict, having seen this happen Senate. sible for supporting 288,000 American time and again, there will come a time, We lay out a provision that says, if jobs at more than 2,700 U.S. companies. after we pass this bill, when we start you raise less than $100,000, you as the One would think it would have won hearing from Americans who are being CEO assert the accuracy of the infor- more than two Republican votes. lured into phony investments, losing mation you are putting out—simple fi- Madam President, 113 of these compa- their life savings and their retirement nancial statements. If you raise a larg- nies are located in my State of Illinois in the process, and we will step back er amount of funds, you proceed to and 80 are small businesses. and say: My goodness. How did that have an accountant-reviewed state- One of those companies, Holland LP, happen? Remember, on March 22, 2012, ment that you can vouch for. If you in Crete, IL, employs 250 people and we had a chance to make a difference raise yet more funds, at a higher level, completed a major export transaction to slow down and stop this bill until then you have an audited financial with assistance from the Export-Im- there was an adequate hearing, until statement. So it is adjusted in degrees port Bank. Holland was able to sell two we could put safeguards into place, and it streamlines it to the appropriate complete in-track welding systems to a which Americans deserve. levels, based on the amount of invest- company in Brazil. I am not against investment. I know ment you are asking. The CEO of Holland said: ‘‘Without there is risk associated with it. We This amendment says directors and [the Export-Import Bank], this trans- have said since the 1930s—1932—under officers should take responsibility for action would not have come to life.’’ the creation of the SEC, that we owe to the accuracy of that information. That

VerDate Mar 15 2010 00:54 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.027 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1973 will give investors a great deal more Finally, we have SoMoLend, a peer- SHAREHOLDER THRESHOLD confidence that what they are reading to-peer lending site. Here is their com- Mrs. HUTCHISON. Madam President, is actually and truly the case. That is mentary, where they say this amend- one of the six components of the a foundation for successful investment. ment is: House-passed JOBS Act is a measure I There are many folks across the . . . robust enough to provide guidance to a sponsored here in the Senate to foster country who have looked at these new industry, but will also benefit the capital formation in the community crowdfunding positions, different meas- crowdfunding industry in the long-term, as banking industry. I appreciate the sup- ures. I thought I would read from compared to a possible race to the bottom port of Senator TOOMEY and twelve ad- Motaavi, a crowdfunding intermediary with a ‘‘no regulatory’’ approach. The disclo- ditional cosponsors, including Senators based out of North Carolina. On the sure and regulatory requirements will pro- PRYOR, MCCASKILL and BILL NELSON. House bill, they say: vide adequate information to investors, ad- Our bill would update the threshold be- vising of risk but also deterring fraud. The crowdfunding language in the [House fore a bank must register its securities bill] lacks critical investor protection fea- It continues: with the Securities and Exchange Com- tures. It does not require offerings to be con- Again, this has long-term benefits to the mission from 500 shareholders to 2,000. ducted through an intermediary, which industry as a whole. It is Title 6 in the JOBS Act before us opens the door to fraudulent activity. . . . It This hits at the heart of why these today. My colleague Senator TOOMEY also does not require appropriate disclosures investor protections are so important. or inspections. The bill does not require the has a bill contained in the JOBS Act as issuer to inform investors of dilution risk or Not only do they deter scams and well that would raise the shareholder capital structure. fraud, not only do they protect vulner- threshold for all companies. Senator Crowdfunding is premised on openness. able investors, such as seniors and oth- TOOMEY’s legislation is contained in Without disclosure, investors cannot protect ers, who have little experience in the Title 5 of the JOBS Act. themselves or accurately price the securities investing market, but they build a On this point, my understanding is they are buying. If issuers are not willing to strong capital formation market, a that Sections 501 and 601 of the JOBS provide information over and above what is Act address two distinct classes of required, the [House] language does not pro- successful platform for capital forma- vide investors with other alternatives short tion, a market that puts capital where issuers. One is a general provision for of giving up on crowdfunding altogether. citizens would like to put it—the wis- all issuers other than banks and bank They then comment on the bipar- dom of the crowd, if you will—a mar- holding companies—and the other one tisan amendment we are presenting on ket that allows good ideas to rise to applies to banks and bank holding com- the floor of the Senate, and they note: the top, a market that will create jobs panies. I ask the Senator, is this cor- rect? It strikes the right balance between disclo- now and in the future. sure and flexibility. The language is tightly I urge my colleagues to support Mr. TOOMEY. Yes, that is my under- integrated with existing securities laws to amendment No. 1884 to provide the standing. I thank Senator HUTCHISON provide investor protection. It places easily right balance of streamlining and in- for all of her hard work on the bank met obligations on the issuer and the inter- vestor protection. shareholder bill, and for clarifying this mediary to ensure that investors have the I yield the floor and suggest the ab- point. information they need to make sound deci- sence of a quorum. Mrs. FEINSTEN. Madam President, I sions. The bill has many provisions for ap- The PRESIDING OFFICER. The rise today in strong opposition to the propriate rulemaking, and is written in a clerk will call the roll. JOBS Act. Supporters of this bill insist way that reflects how crowdfunding actually it will help small businesses looking to works. The legislative clerk proceeded to raise capital, but instead its primary Remember, this is a crowdfunding call the roll. Mr. REED. Madam President, I ask effect would be to strip away critical intermediary based in North Carolina— investor protections. one working to occupy this Internet unanimous consent that the order for the quorum call be rescind. The House-passed bill applies to more space and wants a platform, a struc- than just small businesses. It also ex- ture, that works and makes The PRESIDING OFFICER. Without objection, it is so ordered. empts large corporations—those with crowdfunding a legitimate strategy for annual revenues up to $1 billion—from capital formation. Mr. REED. Madam President, I ask unanimous consent to speak up to 1 important financial reporting require- The letter continues: ments. We think crowdfunding can be a valuable minute. The PRESIDING OFFICER. Without There are many good reasons why and integral part of the capital formation public companies are required to un- process. The Crowd Funding Act is the right objection, it is so ordered. dergo periodic examinations and dis- bill [the amendment we are considering AMENDMENT NO. 1931 close financial information, and this today] to make this happen. Mr. REED. Madam President, short- Launcht is a crowdfunding portal bill undercuts those protections. ly, we will be voting on my amend- I remember the massive fraud and fi- provider. They say: ment, which will maintain the House’s nancial chicanery that led Enron to in- For the first time, we have a Senate bill increase in the number of shareholders with bipartisan sponsorship, a balance of tentionally shut down powerplants in at 2,000 in order to remain private. But California in order to pump up profits. state oversight and Federal uniformity, in- what I do is actually ensure that the dustry standard investor protections, and And all of us remember the lasting workable funding caps. shareholders are the real shareholders; damage from the collapse of the dot- that there is not an intermediary hold- Let’s turn to the startup exemption— com bubble. ing the stock in the name of perhaps three entrepreneurs who have led the Let me go over some of the problems literally hundreds of shareholders, but charge in our Capitol for flexible provi- with the House bill. they are the real shareholders. sions for crowdfunding: It would eliminate the requirement There has been some criticism about that many companies audit their inter- We write to suggest that if you consider the affect it will have on ESOPs, pri- the House version of the bill, you consider nal controls, a requirement put in adding the following crucial components: vate funds, mutual funds, and others. place specifically in response to the 1. Crowdfunding investing intermediaries We have been assured by legal experts Enron debacle. that are SEC-regulated to provide appro- it doesn’t affect any of these funds or Companies with virtually no oper- priate oversight. entities. ating history could sell stock directly 2. All or nothing financing so that an en- In addition, the SEC has assured us to the public over the Internet without trepreneur must hit 100 percent of his fund- that it, through rulemaking, can clar- going through any registered inter- ing target, or no funds will be exchanged. 3. State notification, rather than state reg- ify that ESOPs, mutual funds, private mediary. istration, so the states are aware of who is funds, and other entities similar to The bill has no meaningful protec- crowdfunding in their states. This ensures these will not be affected. I believe if a tions to prevent investors’ savings they retain their enforcement ability while company has 2,000 real shareholders, from being wiped out on risky invest- creating an efficient marketplace. those shareholders should have access ments. Investors could bet 10 percent of These provisions are in the amend- to routine information on a regular their annual income on any one com- ment we are considering and the basis, and that is the thrust of this pany, with no limit to how much in- amendment they have endorsed. amendment. come or savings they could invest in

VerDate Mar 15 2010 00:54 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.048 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1974 CONGRESSIONAL RECORD — SENATE March 22, 2012 multiple companies’ stock sold over However, I am deeply concerned that This bill clearly was rushed; this bill the Internet with little financial dis- the bill goes too far in rolling back in- is risky for investors, and that is why closure. vestor protections. These rules were I voted no. The JOBS Act would reduce the num- created for a reason, often after hard Mr. JOHNSON of South Dakota. ber of years of audited financial state- lessons learned from scandals like Madam President, I rise today to ex- ments that companies must publicly Enron and WorldCom. They protect or- press my views on the bill that is be- disclose. dinary people from losing their retire- fore us—H.R. 3606—the Jumpstart Our It would abolish shareholder advisory ment savings to corporate fraud and Business Startups Act. This bill is a votes on executive compensation and mismanagement, and help our markets package of measures intended to in- golden parachutes. function efficiently, ensuring that in- crease capital formation a goal which I And it would eliminate the disclosure vestors of all types have meaningful believe Democrats and Republicans requirement of CEO-to-median-worker and accurate information. All compa- share. Banking Committee members on salary ratio required under the Dodd- nies benefit when investors have con- both sides of the aisle, including Sen- Frank Wall Street Reform Act. fidence in the safety and fairness of the ators SCHUMER, CRAPO, TESTER, VIT- It remains unclear why the sup- marketplace. TER, MERKLEY, TOOMEY, BENNET and porters of the JOBS Act believe dis- SEC Chair Mary Schapiro and SEC JOHANNS, teamed up to introduce a closing executive compensation is an Commissioner Luis Aguilar have raised number of bipartisan legislation on obstacle to companies going public. concerns that this bill will hinder secu- this issue, and I commend them for Under the JOBS Act, a fraudster rities law enforcement and reduce in- their hard work. could raise up to $1 million in small in- vestor protection. Bloomberg News edi- Small businesses are the engine of crements from mom-and-pop investors torialized that it ‘‘would be dangerous the American economy. Start-ups and without having to disclose any signifi- for investors and could harm already small businesses create a majority of cant financial or legal disclosures. Can- fragile financial markets.’’ The New new jobs, and they deserve every oppor- didly, this could lead to the greatest York Times Editorial Board said this tunity to take an idea and turn it into proliferation of get-rich-quick schemes legislation ‘‘would undo essential in- an exciting, new venture that could in history. vestor protections, reduce market lead to the next great American com- It is a shame this process has un- transparency and distort the efficient pany. folded in this manner and at this allocation of capital.’’ CalPERS and Investments are often necessary re- breakneck speed. There are some mer- CalSTRS have expressed concerns, as sources that allow start-ups and small its to the underlying goal of the bill. have Americans for Financial Reform, businesses to grow. Unfortunately, the Reducing compliance costs on actual AARP, AFL–CIO, AFCSME, Consumer recent trend is that fewer emerging small businesses seeking to go public is Federation of America, the Main growth companies are entering the a laudable goal. But instead of debat- Street Alliance, the Sustainable Busi- U.S. capital markets though IPOs. Ac- ing the issues, we are rushing through ness Council, and many other well-re- cording to the IPO Task Force, 92 per- this bill. spected organizations. cent of job growth occurred after a It is important to note that, even It is a mistake to rush this impor- company’s IPO, so it makes sense to under the Sarbanes-Oxley law, finan- tant piece of legislation when the pos- consider ways to facilitate more IPOs cial game-playing by big public compa- sibility of a genuinely bipartisan com- in a manner that protects investors. nies has not gone away. This bill would promise exists. The Reed-Landrieu- There are also novel ideas to help invite even more of that harmful activ- Levin amendment, which was blocked start-ups raise money over the Inter- ity, under the guise of being good for by Senate Republicans despite bipar- net, reaching out to their friends the public marketplace. tisan support from 54 Senators, would through social media and inviting Congress’s recent track record on fi- have greatly improved the bill. It them to invest small amounts to help nancial deregulation isn’t very good. In would have allowed smaller companies them grow their business. the past decade or so Congress has to raise capital more easily, without So in considering these new ideas to eliminated the Glass-Steagall firewall going as far as the underlying bill in spur job creation in a balanced and between commercial and investment providing exemptions for companies thoughtful way, the Banking Com- banking and deregulated the over-the- with annual gross revenue of up to $1 mittee held four hearings since last counter derivatives market. We are billion. I thank my colleagues for their summer. We heard a wide range of still paying for those mistakes. efforts in drafting that carefully bal- views on how best to modernize our se- I had hoped the Senate would be anced proposal. curities laws to allow new and growing humbled by that experience. Instead, I am pleased that the bipartisan companies to raise capital, but in a we are rushing through changes to dec- Merkley-Bennet-Brown amendment be- way that does not undermine investor ades-old securities laws that could came part of the bill. It will allow com- protections so that people will still be have significant negative effects on in- panies to reach investors through so- willing to invest. vestor protections. cial media, but with sensible rules to At our hearings and through our ef- I voted against the JOBS Act so we reduce fraud and provide meaningful forts to explore this subject, members can take the time to truly understand regulatory oversight. Nevertheless, sig- of the Banking Committee heard con- the ramifications of this bill for the nificant investor protection problems cerns about provisions in the House bill marketplace, small businesses, and in- remain in the other sections of the bill, before us from a number of experts, in- vestors. and I cannot support its passage. cluding the Chairman of the Securities Mrs. BOXER. Madam President, I I was also disappointed that reau- and Exchange Commission. One piece wish to explain my opposition to H.R. thorization of the Export-Import Bank, of the legislation attempts to encour- 3606, a bill that would undermine regu- which was offered as an amendment by age more companies to pursue an IPO lation of our financial markets and a group of bipartisan cosponsors, was by creating a so-called ‘‘on-ramp.’’ The leave investors vulnerable to fraud. blocked by Senate Republicans. House bill determines that companies The underlying spirit of this legisla- The Ex-Im Bank keeps American under $1 billion in annual revenue tion is one that I support: improving businesses competitive worldwide, es- should be exempt from disclosures for the ability of smaller companies, espe- pecially in countries with challenging up to 5 years. Witnesses at the Banking cially startups, to raise capital. Small economic and political conditions, and Committee’s hearings raised concerns companies are essential to our econ- sustains American jobs in the process. about whether this threshold is appro- omy, and it is critical that they be able The Bank’s investments helped to sup- priate and accurately reflects those to raise capital efficiently. Our finan- port 290,000 export-related American companies that need relief most. The cial regulations should be up-to-date jobs last year, including 21,025 in Cali- House bill contains a provision to re- and pragmatic, realistically reflecting fornia. As the economic recovery con- strict the independence of accounting the size of new public companies in tinues, now is not the time to take standard-setting by the Financial Ac- modern times, and new methods of away this support and put our compa- counting Standards Board. For many reaching out to potential investors. nies at a disadvantage. years Congress has debated whether we

VerDate Mar 15 2010 01:48 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.022 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1975 should legislate accounting standards thority away from Congress by requir- There is small choice in rotten apples. or leave it to the experts. I remain un- ing the SEC to review and potentially I am here to talk about the choice we convinced that interfering with the raise the threshold every 2 years. This have this afternoon, on voting for final independence of FASB would be an ap- has the potential to preclude a rigorous passage of H.R. 3606. propriate action for Congress to take public debate about when and why the Over the past week, the Senate has or would inspire more people to invest Regulation A threshold should be been debating a bill the House has in IPOs. raised again. called the JOBS Act. But as former Se- It is also unclear that eliminating The House bill would also expand the curities and Exchange Commission safeguards to reduce conflicts of inter- ability of companies to advertise pri- chief accountant Lynn E. Turner said est between stock research analysts vate offerings to accredited investors, recently: and firms selling stock, as the House referred to as Regulation D. Some have It won’t create jobs, but it will simplify bill does, will on the whole be bene- raised concerns that there are not fraud. ficial. The absence of such safeguards a enough protections for our seniors, who I fully support finding ways to help decade ago led analysts to write con- could be misled into investing in a the private sector create good-paying flicted stock recommendations which company without a full appreciation of jobs. too many Americans believed and re- the level of risk they are taking on. Last year, I worked with my col- lied upon to invest, and ultimately This will also warrant close attention leagues on both sides of the aisle to lose, their money. Those misleading moving forward to ensure seniors are pass the Vets Jobs bill, cutting taxes and fraudulent stock recommendations not taken advantage of. for small businesses while helping vet- caused many Americans to pull out of Finally, while I believe the current erans get back to work. This Chamber the market and lose confidence in the 500–Shareholder Rule should be up- also passed three free trade agree- integrity of the financial system. We dated, it is unclear if the House ap- ments, setting the stage to increase must closely monitor this area going proach to dramatically raise the American exports to Korea, Colombia, forward. threshold to 2,000 shareholders of and Panama by an estimated $13 billion Crowdfunding is a concept with po- record is a balanced approach. A more a year, resulting in tens of thousands tential, but I do not think that the modest increase seems more appro- of new jobs. And just last week, the House bill provides appropriate over- priate to balance investor protection Senate passed overwhelmingly the sight of the online funding platforms to and transparency with capital forma- highway bill, which will create and sus- ensure that unsuspecting investors are tion. tain more than 14,000 American jobs not ripped off by an online scam. Oper- Throughout this process I have per year. ators of online funding platforms are sought to help address needed investor But our choice today leaves much to not required to register with the SEC. protections in a thoughtful manner be desired. While this bill includes While there is some information these while helping to support entrepreneurs, some very positive changes to enhance operators are required to share with grow small businesses, and put Ameri- and encourage small business invest- regulators, it remains unclear if this cans back to work. ment, it includes several rotten apples modest sharing of information will be But I did not write the underlying that roll back important investor pro- House bill before us today, and I was sufficient for regulators to monitor tections and put the integrity of our pleased to help support my colleagues these new equity-raising platforms in markets into question. in drafting the Senate substitute the same way investments on the stock So quickly we forget the past. Just amendment. I believe the Senate sub- market are monitored. The House bill over a decade ago, a company called stitute addresses each of the concerns I Enron revealed one of the largest cor- needlessly limits the involvement of raised. I am disappointed more of my porate and accounting scandals of our State securities regulators to help the colleagues did not support this alter- time. We all remember the stories of SEC oversee new crowdfunding oper- native that would have increased pro- documents shredded, shell companies, ations. tections for investors. In response to these concerns on exaggerated profits, and lax accounting That said, no piece of legislation is crowdfunding, I was pleased to assist rules. perfect, and this bill contains innova- Within 1 month, shareholders lost Senators MERKLEY, BENNET and others tive new solutions that have the poten- nearly $11 billion as Enron stock plum- in crafting an alternative approach tial to boost the economy. Small busi- meted. Families and employees lost that strikes a better balance between nesses and startups deserve the oppor- their entire savings in a matter of capital formation and investor protec- tunity to test these new ideas, but Con- days. Investor confidence in the entire tion. The Merkley-Bennet amendment gress has chosen to act quickly. system evaporated. requires crowdfunding companies to The House bill received 390 votes in Just a few years earlier, the dot-com provide basic disclosures, including a the House, including most House boom hit a fever pitch. Wall Street business plan and financial information Democrats, and the President and the firms worked frantically to put to- to potential investors. It also requires Majority Leader support it. So despite gether initial public offerings for fledg- companies offering stock online to ei- my misgivings over a number of these ling Internet companies. At the same ther register as a broker-dealer with provisions, I will support my Leader time, these firms would agree to re- the SEC, or pursue a ‘‘funding portal’’ and the President and vote for this leg- lease upbeat research reports sup- registration. This will provide greater islation. porting the upcoming IPO in exchange oversight than the House bill. Among That said, we must all keep an eye on for the company’s underwriting busi- other key improvements, the Merkley- the effects of these changes as we plow ness. Unassuming investors relied on Bennet amendment provides for strong- this new ground. As lawmakers, we this public research touting the IPOs, er Federal-State oversight coordina- seek out the appropriate balance in while firms failed to fully disclose the tion, and it allows for properly scaled writing laws, doing our best to promote inherent conflicts of interest. investment limits as well as an aggre- a strong economic recovery while pro- Congress and the Securities and Ex- gate investment cap across all tecting the public from abuse and fraud change Commission responded to these crowdfunded companies, further pro- which would undermine the confidence scandals by putting investor protec- tecting investors. For these reasons in our financial system. tions in place to restore confidence in and more, I urge my colleagues to cor- While I will support this underlying the markets and ensure companies pro- rect the weak House crowdfunding title package today, I believe we all have a vide comprehensive and honest infor- and join me in supporting the Merkley- shared responsibility to ensure that mation to the public. Thanks to these Bennet amendment. going forward the new changes that we protections, investors no longer have Another provision in the underlying pass today will truly benefit, and not to wonder whether the accounting and House bill modernizes the Regulation A undermine, both start-ups and inves- auditing disclosures are, in fact, inde- threshold by raising the cap on how tors alike. pendent and accurate. We can’t afford much money can be raised in the cap- Mr. BAUCUS. Madam President, in to go backward. ital markets without registering with Taming of the Shrew, William Shake- Still, these rules are not perfect. the SEC. The House bill transfers au- speare wrote: Congress should be looking at ways to

VerDate Mar 15 2010 01:48 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.055 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1976 CONGRESSIONAL RECORD — SENATE March 22, 2012 ensure small businesses are given a to make sure such research is accurate The question is on agreeing to level playing field. and comprehensive. amendment No. 1884. I hear from Montana small busi- We have seen too many examples The yeas and nays have been ordered. nesses that rules under the Sarbanes- lately of what can happen when we The clerk will call the roll. Oxley Act can be costly and time-con- don’t protect the little guys from Wall The legislative clerk called the roll. suming for small companies which sim- Street greed—just look at how MF Mr. KYL. The following Senator is ply lack capacity to handle the extra Global took advantage of Montana necessarily absent: the Senator from regulation. I agree we must also look ranchers, and that is when there were Illinois (Mr. KIRK). at what these rules may be doing to rules in place. We can’t afford to go The PRESIDING OFFICER. Are there hamper growth of U.S. small busi- back to the days when Enron was able any other Senators in the Chamber de- nesses. But we should not forget the to swindle thousands of Americans out siring to vote? past. We should not exempt big busi- of their life savings. The result was announced—yeas 64, ness carte blanche without fully dis- I appreciate the work of my col- nays 35, as follows: cerning the implications. leagues on this matter, but we owe it [Rollcall Vote No. 54 Leg.] There are several pieces of this legis- to American workers and families to YEAS—64 lation with which I agree. I commend see to it that this bill preserves inves- Akaka Franken Murkowski my colleague and friend from the State tor confidence and integrity in our Baucus Gillibrand Murray of Montana, Senator TESTER, for his markets. Begich Grassley Nelson (NE) Bennet Hagan Nelson (FL) tireless effort to address legitimate I simply cannot support the House Bingaman Harkin Pryor concerns with the current cap on small package containing so many bad ap- Blumenthal Hutchison Reed business public offerings. ples. Blunt Inouye Reid Boxer Johnson (SD) ESTER Rockefeller Senator T introduced his bipar- The PRESIDING OFFICER. Under Brown (MA) Kerry Sanders tisan measure after meeting and talk- the previous order, all postcloture time Brown (OH) Klobuchar Schumer Cantwell Kohl ing to growing companies in Montana has expired. Shaheen and elsewhere that could benefit great- The question is on agreeing to the Cardin Landrieu Carper Lautenberg Snowe ly from raising the cap on regulation A Reed amendment No. 1931. Casey Leahy Stabenow small public offerings. Rob Bargatze, The amendment (No. 1931) was re- Coats Levin Tester founder and CEO of Ligocyte, in Boze- jected. Cochran Lieberman Udall (CO) The PRESIDING OFFICER. Under Collins Manchin Udall (NM) man, MT, and chairman of the Mon- Conrad McCaskill Warner tana Bioscience Alliance, testified in the previous order, the motion to re- Coons Menendez Whitehouse the Banking Committee last year on consider is considered made and laid Cornyn Merkley Wicker ideas to improve access to capital for upon the table. Durbin Mikulski Wyden Feinstein Moran the emerging bio industry. AMENDMENT NO. 1884 Rob rightly points out that the cur- Under the previous order, there will NAYS—35 rent $5 million cap ‘‘does not allow for now be 2 minutes of debate equally di- Alexander Hatch Paul a large enough capital influx for com- vided prior to a vote in relation to the Ayotte Heller Portman panies to justify the time and expense Barrasso Hoeven Risch Merkley amendment No. 1884. Boozman Inhofe Roberts necessary to satisfy even the relaxed Who yields time? Burr Isakson Rubio offering and disclosure requirements.’’ The Senator from Oregon. Chambliss Johanns Sessions Coburn Johnson (WI) Senator TESTER has done extraor- Mr. MERKLEY. Madam President, I Shelby Corker Kyl Thune dinary work to shepherd this bill for- have 1 minute? Crapo Lee Toomey DeMint Lugar ward. It received considerable support The PRESIDING OFFICER. The Sen- Vitter Enzi McCain in the House, and was included in the ator is correct. Webb Graham McConnell Senate substitute amendment that I Mr. MERKLEY. Colleagues, I want to supported on Tuesday. encourage you to adopt amendment NOT VOTING—1 However, this straightforward update No. 1884. The House bill, as it came to Kirk to regulation A has been folded into a us, on crowdfunding is a pathway to The amendment (No. 1884) was agreed broader House package. This package predatory scams. It requires no infor- to. includes enough rotten apples to spoil mation to be provided by a company; The PRESIDING OFFICER. Under the whole bunch. The House fails to and if the company provides informa- the previous order, the motion to re- take heed of past history. This bill goes tion, it requires no responsibility or ac- consider is considered made and laid too far in relaxing investor protections countability for the accuracy of that upon the table. critical to preserving the integrity and information. It allows companies to The question is on the engrossment transparency our markets depend on to hire people to pump the stocks, which of the amendment and third reading of function. is exactly what we all know, from the bill. For example, this bill includes a new pump-and-dump schemes, is very dev- The amendment was ordered to be IPO process to exempt companies from astating to any sort of solid financial engrossed and the bill to be read a many SEC rules for a period of 5 years. foundation for capital aggregation, third time. The idea is to give small emerging capital formation. The bill was read the third time. companies time to comply with new I want to applaud my colleagues Sen- The PRESIDING OFFICER. Under auditing and reporting requirements. ator BENNET, Senator LANDRIEU, and the previous order, there will now be 2 However, the House bill applies to all Senator BROWN of Massachusetts, who minutes of debate, equally divided, offerings by companies with sales less have worked together to bring this bi- prior to a vote on passage of H.R. 3606, than $1 billion. At this level, even the partisan amendment forward. It pro- as amended. very large, well-established companies vides the right amount of streamlining The Senator from Rhode Island. will have a free pass for 5 years before for the companies, the right amount of Mr. REED. Madam President, the complying with the very rules put in streamlining for portals on the Inter- House bill has some very promising place to protect investors and the mar- net, and the right set of investor pro- concepts about providing access to cap- kets from another Enron-type scandal. tections, information, and account- ital. What it fails to do is adequately Furthermore, the House creates a ability necessary to make crowdfund- protect investors. gaping hole in the rules set up after the ing fulfill the exciting potential it has. We have tried, through our alter- dot-com bubble to prevent an under- I thank the Chair. native, to protect investors. That al- writing bank from publishing research The PRESIDING OFFICER. The Sen- ternative has been rejected on a clo- reports in support of the upcoming ator’s time has expired. ture vote by the Senate. We have made IPO. The House bill would now allow Who yields time in opposition? some improvements with the Merkley underwriting banks to issue such re- Mr. KYL. I yield back. proposal, but we are not quite to the search to unsuspecting investors. And The PRESIDING OFFICER. All time point yet where I think we can be con- it limits the company’s responsibility is yielded back. fident that investors will be protected.

VerDate Mar 15 2010 04:48 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.003 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1977 As such, I think we should vote against Cochran Johnson (WI) Reid all our colleagues on both sides of the this legislation, and that we should in Collins Kerry Risch aisle who worked so hard to pass this Coons Klobuchar Roberts fact try again and get it right. That is Corker Kohl Rubio legislation. why the head of the Securities Ex- Cornyn Kyl Schumer I wish to thank my colleague from change Commission opposes this, and Crapo Lee Sessions New York, LOUISE SLAUGHTER, who DeMint Lieberman the state securities regulators, and Shaheen fought so hard and so long toward this Enzi Lugar Shelby Graham Manchin effort. former heads of the Securities Ex- Snowe Grassley McCain change Commission, and the Council of Stabenow This legislation was a rare instance Hagan McCaskill where 96 Senators came together to de- Institutional Investors, and many oth- Hatch McConnell Tester ers. Heller Menendez Thune liver results for the American people. We are opening up vast loopholes in Hoeven Moran Toomey We passed a strong bill with teeth that Udall (CO) our securities laws without adequate Hutchison Murkowski will clearly and expressly make it ille- Inhofe Nelson (NE) Vitter disclosure for investors. I think we will Inouye Nelson (FL) Warner gal for Members of Congress, their regret this vote. Isakson Paul Wicker staff, and their families to gain per- The PRESIDING OFFICER. The Sen- Johanns Portman Wyden sonal profits from nonpublic informa- ator from Pennsylvania. Johnson (SD) Pryor tion gained through their service. Mr. TOOMEY. Madam President, I NAYS—26 I strongly believe we have to make it claim the time in support of the legis- Akaka Feinstein Mikulski clear no one is above the law and that lation. Baucus Franken Murray Members of Congress need to play by Begich Gillibrand Reed the exact same rules as every other I suggest that we are on the verge of Blumenthal Harkin Rockefeller American. It is simply the right thing doing something very constructive for Boxer Landrieu Sanders our economy, for small businesses, and Brown (OH) Lautenberg Udall (NM) to do. for job growth, and it might be one of Cardin Leahy Webb This is a commonsense bill and Conrad Levin Whitehouse the most constructive things we are Durbin Merkley Americans can be assured our only in- going to do this year in that area. terest is in their interest. When Presi- NOT VOTING—1 This legislation makes it easier and dent Obama signs the STOCK Act, we more affordable for young and growing Kirk will have begun to restore the public’s companies to go public, to raise the The bill (H.R. 3606), as amended, was faith in Washington. capital they need to grow, to hire more passed. The PRESIDING OFFICER. The Sen- workers. It also actually makes it easi- f ator’s time has expired. er for those who want to remain pri- The Senator from Maine. STOP TRADING ON CONGRES- Ms. COLLINS. Madam President, I vate and to attract more investors, and SIONAL KNOWLEDGE ACT OF 2012 to do so without triggering the very ask that I be notified after 1 minute. onerous and expensive regulations at- The PRESIDING OFFICER. Under The PRESIDING OFFICER. The Sen- tendant to being a public company. the previous order, the Senate will re- ator will be notified. This is going to create more jobs and sume consideration of the motion to Ms. COLLINS. Mr. President, I rise more growth in the economy. That is concur in the House amendment to S. to speak in favor of the STOCK Act, why it passed the House with a vote of 2038, which the clerk will report. which we will be voting on very short- 390 to 23. That is why the President of The legislative clerk read as follows: ly. This legislation is based on a bill the United States has endorsed this bill Motion to concur in the House amendment that was first introduced in the Senate and said he will sign it into law. That to S. 2038, an original bill to prohibit Mem- last fall by Senator SCOTT BROWN, and is why there are dozens and dozens of bers of Congress and employees of Congress a similar one introduced by Senator from using nonpublic information derived organizations and groups and compa- GILLIBRAND. I wish to commend them from their official positions for personal ben- both for their work on this legislation. nies and trade associations that sup- efit, and for other purposes. port this legislation, so that we can do As a cosponsor of Senator BROWN’s bill, The PRESIDING OFFICER. Under something right here, right now, today, I especially want to recognize his lead- the previous order, there will be 4 min- that the President will sign into law, ership on this issue. utes of debate, equally divided in the which will help small and growing com- I also wish to recognize Chairman usual form. panies raise the capital they need to LIEBERMAN for all the work he has done Mr. LIEBERMAN. I thank the Chair. grow. in moving this important bill through I urge my colleagues on both sides of I urge my colleagues to vote yes. our committee, through a robust de- the aisle to support this bipartisan and The PRESIDING OFFICER. The bate here on the Senate floor, and to now bicameral congressional ethics question is, Shall the bill, as amended, final passage today. measure. This started as a response to Last fall, press reports on ‘‘60 Min- pass? stories and allegations that Members utes’’ and elsewhere raised the ques- Mr. INHOFE. I ask for the yeas and of Congress would not be held liable for tion of whether lawmakers are exempt, nays. insider trading. It then developed into either legally or practically, from the The PRESIDING OFFICER. Is there a what I think is the most significant insider trading laws. sufficient second? congressional ethics legislation we The STOCK Act is intended to affirm There appears to be a sufficient sec- have adopted in at least 5 years. It has that Members of Congress are not ex- ond. been in a lot of other public disclosure empt from our laws prohibiting insider The clerk will call the roll. and good government measures. trading. As we saw when we first con- The assistant bill clerk called the I wish to give particular thanks to sidered this legislation, despite reas- roll. Senator KIRSTEN GILLIBRAND and surances from legal experts and the Mr. KYL. The following Senator is SCOTT BROWN, who led the effort and SEC that no so such exemption exists, necessarily absent: the Senator from took the initiative that got this ball there has been persistent disagreement Illinois (Mr. KIRK). rolling. about the issue. That’s why we feel it is The PRESIDING OFFICER (Mrs. I yield the rest of my time to Senator important to send a very clear message MCCASKILL). Are there any other Sen- GILLIBRAND. that Members of Congress are not ex- ators in the Chamber desiring to vote? Mrs. GILLIBRAND. I thank the empt from the insider trading laws, The result was announced—yeas 73, Chairman. and that is exactly what this bill does. nays 26, as follows: We are certainly taking a significant Last month the Senate passed its [Rollcall Vote No. 55 Leg.] step forward, on behalf of the American version of the STOCK Act by an over- YEAS—73 people, toward restoring some faith our whelming bipartisan margin of 96 to 3. Alexander Blunt Carper country has in their government. I That bill had, at its heart, the affirma- Ayotte Boozman Casey wish to thank Leader REID for his lead- tion of a duty arising from the rela- Barrasso Brown (MA) Chambliss Bennet Burr Coats ership, Chairman LIEBERMAN, Ranking tionship of trust and confidence al- Bingaman Cantwell Coburn Member COLLINS, Senator BROWN, and ready owed by Members and their staff

VerDate Mar 15 2010 04:48 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.057 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1978 CONGRESSIONAL RECORD — SENATE March 22, 2012 to the Congress, the U.S. Government, anticorruption legislation. That is To be clear, as it stands now, it is a and the citizens we serve. what the Public Corruption Prosecu- violation of the trust our constituents As I explained when we considered tion Improvements Act amendment place in us, a violation of the demo- the Senate version, this is not a new fi- would be. cratic process, a violation of the secu- duciary duty, in the traditional sense, Public corruption erodes the trust rities laws, and a violation of congres- but the recognition of an existing duty. the American people have in those who sional ethics rules for Members of Con- The bill we passed also affirmed that are given the privilege of public serv- gress or their employees to engage in the employees of the executive and ju- ice. Loopholes in existing laws have insider trading—the use of information dicial branches owe a similar duty, and meant that corrupt conduct goes un- not available to the public to make in- must also comply with the insider checked. The stain of corruption has vestment decisions. But questions have trading laws. spread to all levels of government and been raised about insider trading by There are differences, of course, be- victimizes every American by chipping Members of Congress. The legislation tween the bill we passed last month away at the foundations of our democ- before us today is designed to ensure and the House version before us today. racy. My amendment would help us to that those questions are answered. It I believe we could have quickly re- take real steps to restore confidence in removes any doubt that insider trading solved those differences in conference, government by rooting out criminal by Members and employees of Congress and would have preferred that route. corruption. is against the law and against Congres- Still, this is a strong bill that has re- In Skilling v. United States, the Su- sional rules. It is important to remove ceived overwhelming bipartisan sup- preme Court sided with a former execu- that doubt because any appearance of a port. It preserves the core of the bill tive from Enron and greatly narrowed breach in trust between Congress and passed by the Senate: to make abso- the honest services fraud statute, a law our constituents is corrosive to honest, lutely clear that elective office is a that had been appropriately used for open and effective government. place for public service, not for private decades as a crucial weapon to combat Back in December, the Homeland Se- gain. Underscoring that important public corruption and self-dealing. The curity & Governmental Affairs Com- message is the chief purpose of the Court’s decision leaves open the oppor- mittee, of which I am a member, held STOCK Act, and that is why I support tunity for State and Federal public of- extensive discussions on the need to it. ficials to secretly act in their own fi- preserve that trust, including a very The PRESIDING OFFICER. The Sen- nancial self-interest, rather than in the productive hearing on December 1. ator has 1 minute. interest of the public. This amend- Later in December, our committee held Ms. COLLINS. We need to send a ment, in a precise manner without am- a markup and approved the Stop Trad- strong message that elective office is biguity, closes this gaping hole in our ing on Congressional Knowledge Act, the place for public service and not pri- anticorruption laws. or STOCK Act. I want to commend our If we are serious about addressing the vate gain. chairman, Senator LIEBERMAN, and our kinds of egregious misconduct we have Mr. LEAHY. Mr. President, I, again, ranking member, Senator COLLINS, for seen too often in recent years, Con- filed a carefully drafted version of the their leadership, and the many mem- bipartisan Public Corruption Prosecu- gress should enact meaningful legisla- tion to give law enforcement the tools bers of the committee, Democratic and tion Improvements Act as an amend- Republican, who made contributions to ment to the STOCK Act. Despite near necessary to enforce our anticorruption law. The STOCK Act is that process. unanimous approval for this amend- Two things became clear during our much less meaningful without this im- ment just a few short weeks ago, there hearings and our markup. The first is portant, substantive reform. I am deep- was an objection by the House Repub- that there was consensus that we ly disappointed that the Senate appar- lican leadership to the anti-corruption should remove any uncertainty about ently will not take the opportunity to measure and Senate Republicans ob- the prohibition against insider trading. support taking these modest steps to jected to going to conference to restore bring those who undermine the public The second thing that became clear this important anti-corruption provi- trust to justice. was significant bipartisan desire to sion which had been stripped out of the Mr. LEVIN. Madam President, today avoid any unintended consequences as bill. I am deeply disappointed that the the Senate has the opportunity to vote we sought to remove any uncertainty. Senate is taking up the House version in support of the STOCK Act. If we We reported out the legislation because of the bill that stripped out our bipar- vote for the House amendment to the of widespread agreement on our goals, tisan anti-corruption measure without Senate bill, we can send this legisla- but there remained concerns about the consideration or a vote. tion right to President Obama to be means, and it was understood that we My amendment reflects a bipartisan, signed into law. That is exactly what would attempt to address those con- bicameral agreement and would we should do. cerns before the bill came to the floor. strengthen and clarify key aspects of The lifeblood of our democratic gov- And so a number of us worked in the Federal criminal law to help investiga- ernment is the contract between the weeks after the markup to make sure tors and prosecutors attack public cor- people and their elected representa- that our goals and our means were in ruption Nationwide. The House tives, a contract that must be based on concert. We met that objective, and stripped this amendment from the trust that elected officials will act for our consensus was reflected in the lan- STOCK Act after a flurry of misin- the good of our Nation and in the inter- guage of the bill that passed the Senate formation about what the amendment ests of their constituents, and not for by a vote of 96 to 3. The House amend- actually does. Senator CORNYN and I personal gain. To ensure that we main- ment before us today retains the key took concerns very seriously and ad- tain that trust, our Nation has laws language from the Senate bill that dressed them effectively when we and our Congress has rules that estab- Senator LIEBERMAN, Senator COLLINS drafted the amendment. The amend- lish clearly the responsibilities of gov- and I, among others, worked so hard to ment I seek to offer includes a further ernment officials, Members of Congress get right. While some provisions that I belt-and-suspenders modification to ad- and their staffs and provide for the en- supported have been removed by the dress any legitimate concern. It is forcement of violations. House amendment, the central purpose carefully and narrowly drawn and will The legislation before us is, in a way, of this bill remains the same. The only reach clearly corrupt conduct. preventative maintenance to protect House amendment, like the Senate bill The Senate Judiciary Committee has that trust. It is a tightening up of our it replaces, removes any uncertainty now reported the Public Corruption legal and ethical guidelines as part of over the prohibition on insider trading, Prosecution Improvements Act with bi- what must be a constant effort to as- and it avoids unintended harmful con- partisan support in three successive sure that the interests of our Nation sequences that concerned some of us. Congresses and it has passed the Sen- and our constituents come first. Our I would now like to discuss two crit- ate by voice vote. The House Judiciary constituents must have confidence that ical provisions in the bill before us Committee reported a companion bill Members of Congress and our staffs today. The first reassures the Amer- unanimously. It is past time for Con- will not use our positions for our per- ican people that there are no barriers gress to act to pass serious sonal financial benefit. to prosecuting Members and employees

VerDate Mar 15 2010 01:48 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.049 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1979 of Congress for insider trading. It does once we have the benefit of the Comp- tion gained during their time in Con- so through language establishing that troller’s report. gress—and unavailable to the public— Members and employees of Congress In addition to the insider trading and to make investments for personal prof- have a duty arising from ‘‘a relation- disclosure provisions, this bill contains it. ship of trust and confidence’’ with the numerous other important improve- But the fact is that there are some Congress, the government, and most ments to our ethics laws. I urge my very smart legal experts who are con- importantly, with the American peo- colleagues to join together today, to cerned that a judge would not see it ple. Establishing such a duty removes pass this legislation and send it to that way. And this lack of clarity any doubt as to whether insider trad- President Obama for his signature. could in fact shield a Member of Con- ing prohibitions apply to Congress. It I ask unanimous consent that my gress from prosecution for insider trad- is also important that the bill’s lan- statement appear in the RECORD at the ing. guage makes clear that in offering this appropriate place before the vote on The STOCK Act clarifies this ambi- new language it does not in any way the STOCK Act. guity in the Security Exchange Act of prevent enforcement of the anti-insider CLOTURE MOTION ON THE STOCK ACT, S. 2038 1934 by explicitly stating that Members trading provisions contained in current Mr. LIEBERMAN. Madam President, of Congress and our staffs have a duty law. Again, I am confident that under I rise today to support cloture on the of trust to the institution of Congress, current law, Members of Congress and motion to concur in the House amend- to the U.S. Government, and to the our staffs are prohibited from insider ment to the ‘‘Stop Trading on Congres- American people—a duty that Members trading. This bill will ensure that the sional Knowledge Act,’’ the ‘‘STOCK of Congress violate if they trade on current prohibition is unambiguous, Act’’—S. 2038. non-public information they gain by and thereby strengthened. We have come a long way in a short virtue of their position. The second major provision of the time in a bipartisan fashion on this The bill also requires the Ethics legislation instructs the Ethics Com- bill, which does many good things. Committees of both houses of Congress mittees of both chambers to issue clear I want to start by thanking my col- to issue guidance to clarify that Mem- bers and staff may not use non-public guidance to members and staffs regard- leagues, Ranking member COLLINS and information derived from their posi- ing the prohibition on profiting from Senators GILLIBRAND and BROWN for all inside information. This guidance will their work on this bill. tion in Congress to make a private clarify that existing rules in both And I want to thank Majority Leader profit. Besides these changes aimed at in- chambers relative to gifts and conflicts REID for making the STOCK Act the sider trading, the STOCK Act includes of interest also prohibit the use of non- first bill the Senate debated after the other significant Congressional ethics public information gained in the con- winter recess. duct of official duties for private prof- Mr. President, this problem received legislation. For example, it requires Members of Congress and their staffs to it. a jolt of momentum late last year file public reports on their purchases or Let me briefly mention one other when ‘‘60 Minutes’’ aired allegations sale of stocks, bonds, commodities fu- provision, unrelated to insider trading that some Members of Congress and tures or other financial transactions but nonetheless an important step for- their staffs used information gained on exceeding $1,000 within 30 days of the ward in terms of gaining the confidence their jobs to enrich themselves with transaction. Currently these trades are of our constituents. As one of the origi- time-sensitive investments in the reported once a year. Timelier report- nators of the Lobbying Disclosure Act stock market and nothing could be ing will allow the SEC and the public of 1995, I am well aware of the value of done because Congress had exempted to assess whether there is anything transparency in government. The bill itself from insider trading laws. suspicious about the timing of the before us improves congressional trans- We took the issue up at a hearing of parency by requiring that personal fi- trade. the Homeland Security and Govern- The bill also contains important lan- nancial disclosure filings required of mental Affairs Committee in December guage that requires financial disclo- members and certain staff are made and established that the charge that sure forms filed by Members and staff available electronically to the public. Congress had exempted itself from in- be filed electronically and—perhaps But because this bill also significantly sider trading laws was just not true. even more significantly—be available expands the number of officials re- However, it was also clear that existing online for public review. quired to file public disclosures, includ- laws needed to be clarified. There really is no sensible reason to ing law enforcement, military, and in- At our committee hearing, several make someone come physically into telligence officers, it is critical that securities law experts told us that the House or Senate to see a copy of this provision be implemented in a way there was ambiguity in the law and one of these financial disclosure forms, that is consistent with our national se- they could not be sure how a court which are public records. curity interests. Care should be taken would rule if there was a challenge to The bill will also require the Govern- to ensure that public filers are not the SEC’s authority to bring an insider ment Accountability Office to study made unnecessarily vulnerable to mali- trading case against a Member of Con- and report back to Congress on so- cious use of personal information. gress. called ‘‘political intelligence’’ consult- The House amendment also removes That is because, as the experts ex- ants who sell information derived from a provision of the Senate bill that plained, a person may be found to have government officials to investors. would have required political intel- violated the insider trading laws only The STOCK Act also contains several ligence consultants to register in a way if he or she breaks a fiduciary duty, a provisions that were added in the Sen- similar to how lobbyists are required duty of trust and confidence owed to ate or House to strengthen the bill, in- to register currently. Instead, the somebody—to the shareholders of the cluding language offered by Senator House amendment, like the version of company, or to the source of the non- BLUMENTHAL related to the denial of the Senate bill that was reported by public information, for example. Congressional benefits to Members who the Homeland Security and Govern- The experts told us that it is possible commit public corruption crimes; lan- mental Affairs Committee, requires the that a judge looking at existing case guage offered by Senator BOXER that Comptroller General of the United law might conclude that Members of will, for the first time, require Mem- States to study the role of political in- Congress owe no duty to anyone with bers of Congress and senior Executive telligence in financial markets and re- respect to the nonpublic information Branch officials to disclose their mort- port back to Congress. It is corrosive of they receive while carrying out their gages on their annual financial disclo- open government for political intel- duties. Now, if I were a judge, I would sure forms; and language offered by ligence consultants to sell their access not see it that way. It seems self-evi- Senator MCCAIN to prohibit executives to officials. Before Congress acts to ad- dent that public office is a public trust, of Fannie Mae and Freddie Mac from dress this issue, we must learn more and that Members of Congress have a receiving bonuses while the firms re- about it, which is why I support this duty to the institution of Congress, to main in federal conservatorship. study. I look forward to working with the government as a whole, and to the This is a very strong bill, in fact, the my colleagues to address this issue American people not to use informa- strongest Congressional ethics reform

VerDate Mar 15 2010 01:48 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.035 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1980 CONGRESSIONAL RECORD — SENATE March 22, 2012 bill that has been passed by Congress will agree, the STOCK Act should not Mr. REID. Furthermore, it is my un- since we passed the Honest Leadership be interpreted as limiting government derstanding that Section 11 of this bill and Open Government Act in 2007. transparency in any way. Discourse is not intended to override the author- This bill was reported as an original with the public, whether privately or ity of the President to exempt from bill out of the Committee on Homeland publicly, is vital to maintaining a public availability the financial disclo- Security and Governmental Affairs on healthy democratic society. sure reports of individuals engaged in December 13 by a vote of 7 to 2. Then, Mr. LIEBERMAN. I thank the Sen- intelligence activities, which is con- after thorough debate on the Senate ator from Nevada. I am happy about tained in section 105(a)(1) of the Ethics floor, including the consideration of 20 the reforms that Congress has adopted, in Government Act. As to the execu- amendments, the bill passed the Senate and I agree that the STOCK Act is not tive branch, section 105(a)(1) applies to on Feb. 2 by a vote of 96 to 3. intended to limit government trans- all of the public availability require- The bill was sent to the House, which parency or hinder dissemination of in- ments of this bill. moved quickly and approved the formation to interested parties regard- Mr. LIEBERMAN. That is correct. It STOCK Act just a week later by a lop- ing Congressional activities and delib- is not the intent of the STOCK Act to sided majority of 417 to 2. erations. override the President’s authority for This is Congress at its best. A prob- In the interest of clarity for the necessary exemptions for intelligence lem was identified that cut directly to record, I would like to state that the activities. the public’s faith in this institution STOCK Act does not turn information Ms. COLLINS. I yield the remainder and we dealt with it quickly and on a regarding Congressional activities and of my time to Senator SCOTT BROWN. bipartisan basis in both Houses. deliberations that was previously not The PRESIDING OFFICER. The Sen- This should not only be applauded material, into material information ator from Massachusetts. but serve as a model as we take up with respect to securities laws. I would Mr. BROWN of Massachusetts. other crucial legislation, such as Post- also note that a Member or employee Madam President, today, we put Amer- al reform and cybersecurity. This of Congress who, in the course of per- ica first and we passed a bipartisan and shows we can work together rather forming their duties, has a nonpublic now bicameral bill the President will than engage in a perpetual partisan tug conversation with a citizen or con- sign, and we took a step to ending the of war. stituent does not automatically violate deficit of trust hurting our democracy. Mr. President, in his farewell address the duty imposed by Section 4(b)(2) the I wish to thank Senator GILLIBRAND to the Nation, President Washington STOCK Act. and the leadership of Senator COLLINS said that ‘‘virtue or morality is a nec- Mr. REID. I thank the Senator from and Senator LIEBERMAN for marking essary spring of popular government’’ Connecticut for his comments. With re- this up so quickly. Today is a good day. and that we cannot ‘‘look with indiffer- gard to the Chairman’s last remark, I The STOCK Act will affirm that ence’’ at anything that shakes that would like to point out that my office Members of Congress are not above the foundation. has fielded concerns from multiple law and will increase transparency by The STOCK Act offers us a chance to sources that the duty language may be requiring Members of Congress and restore trust in our elected government interpreted by the SEC as creating li- highly compensated Federal employees and to show those who, with their ability for public officials and their to disclose all their trading activity votes, gave us the honor of rep- staff when communicating privately within 45 days. Today, America is a resenting them here, that the only with constituents. There is concern government by the people and for the business we do here is the people’s that a threat of this would have a sig- people, and that means our elected offi- business. nificant chilling effect on government cials must follow the same laws as ev- DUTY PROVISIONS transparency. I understand however erybody. We have taken a step toward Mr. REID. There are many important that in conversations with my leader- reestablishing trust, and today we are issues facing our country today and so- ship staff the SEC has explicitly clari- one step closer to making every seat lutions will require bipartisan coopera- fied that it does not view the STOCK the people’s seat. tion. The STOCK Act has enjoyed over- Act as creating new limitations on the I encourage everybody to support whelmingly bipartisan support because disclosure of Congressional informa- this passage. it addresses a key issue, namely gov- tion in conversations with constitu- CLOTURE MOTION ernment accountability to the Amer- ents. I also understand that leadership The PRESIDING OFFICER. Under ican people. staff has been assured by the SEC that the previous order, the clerk will re- Members of Congress and those we any case brought under the insider port the motion to invoke cloture. employ must be held accountable to trading prohibitions would still require The assistant legislative clerk read the same standards and laws as the the SEC to prove that a Member of as follows: citizens we represent. We owe a duty of Congress or their staff acted with CLOTURE MOTION trust and loyalty to the American peo- scienter, which means acting cor- We, the undersigned Senators, in accord- ple to conduct our private lives with ruptly, knowingly, recklessly or in bad ance with the provisions of rule XXII of the the highest integrity and to never faith. Standing Rules of the Senate, hereby move abuse our office to gain unfair or un- Mr. LIEBERMAN. The Democratic to bring to a close debate on the Reid motion ethical financial advantages. I am leader is correct. As the Director of En- to concur in the House amendment to S. 2038, pleased that we have voted overwhelm- forcement at the SEC, Robert the Stop Trading on Congressional Knowl- ingly to pass a bill that closes any Khuzami, stated in his testimony be- edge Act. loopholes, real or perceived, in this re- fore the House Financial Services Com- Harry Reid, Jeff Bingaman, Daniel K. gard. mittee: ‘‘You have to be acting with Inouye, Joseph I. Lieberman, Tim I would note specifically that the corrupt intent, knowledge, or reckless- Johnson, Daniel K. Akaka, Richard J. Durbin, Charles E. Schumer, John Bar- STOCK Act requires that Members of ness. If you act in good faith, you’re rasso, Scott P. Brown, Mitch McCon- Congress and their staffs abstain from not going to be guilty.’’ My staff had nell, Jon Kyl, Richard C. Shelby, Rob profiting on any nonpublic information detailed conversations with the SEC Portman, John Cornyn, John Hoeven, derived from a person’s position or while drafting the duty provisions and Marco Rubio, Lisa Murkowski, Jeff gained in the performance of official raised these concerns specifically. Our Sessions, Mike Johanns, Tom Coburn, responsibilities. The bill also makes goal in drafting the duty provisions of Susan M. Collins. absolutely clear that Members and the STOCK act was to ensure that in- The PRESIDING OFFICER. By unan- staff are not exempt from the insider sider trading restrictions apply to gov- imous consent, the mandatory quorum trading prohibitions arising under the ernment officials no differently than call has been waived. securities laws, including section 10(b) they do to the rest of the public, but at The question is, Is it the sense of the of the Securities Exchange Act of 1934 the same time, avoid unintended con- Senate that debate on the motion to and Rule 10b-5 thereunder. sequences that could curtail inter- concur on the House amendment to S. However, and I think my distin- action between Congress and the pub- 2038, an act to prohibit Members of guished colleague from Connecticut lic. Congress and employees of Congress

VerDate Mar 15 2010 01:48 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.059 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1981 from using nonpublic information de- EXECUTIVE SESSION trial court vacancies and hear their rived from their official positions for cases. Justice is being delayed for mil- lions of Americans. personal benefit, and for other pur- NOMINATION OF DAVID NUFFER poses, shall be brought to a close? TO BE UNITED STATES DISTRICT This nomination is one of the 20 cir- The yeas and nays are mandatory JUDGE FOR THE DISTRICT OF cuit and district court nominations under the rule. UTAH ready for Senate consideration and a final confirmation vote. They were all The clerk will call the roll. reported favorably by the Judiciary The assistant legislative clerk called NOMINATION OF RONNIE ABRAMS Committee after thorough review. All the roll. TO BE UNITED STATES DISTRICT but a handful are by any measure con- JUDGE FOR THE SOUTHERN DIS- Mr. KYL. The following Senator is sensus nominations, as is Judge Nuffer. TRICT OF NEW YORK There was never any good reason for necessarily absent: the Senator from the Senate not to proceed to votes on Illinois (Mr. KIRK). NOMINATION OF RUDOLPH these nominations. It should not have The yeas and nays resulted—yeas 96, CONTRERAS TO BE UNITED taken cloture motions to get agree- nays 3, as follows: STATES DISTRICT JUDGE FOR ment to schedule votes on these quali- fied, consensus judicial nominations. [Rollcall Vote No. 56 Leg.] THE DISTRICT OF COLUMBIA The PRESIDING OFFICER. Under Judge Nuffer has been serving over YEAS—96 the last 17 years as a magistrate judge Akaka Gillibrand Moran the previous order, the Senate will pro- ceed to executive session to consider for the very court to which he was Alexander Graham Murkowski nominated by the President. By any Ayotte Hagan Murray the following nominations which the sensible standard he should be con- Barrasso Harkin Nelson (NE) clerk will report. Baucus Hatch Nelson (FL) The bill clerk read the nominations firmed. No ‘‘new standard’’ should be Begich Heller Paul of David Nuffer, of Utah, to be United used to oppose his confirmation. Like Bennet Hoeven Portman States District Judge for the District Judge Nuffer, the other nominees Bingaman Hutchison Pryor awaiting votes by the Senate are quali- Blumenthal Inhofe Reed of Utah; Ronnie Abrams, of New York, Blunt Inouye Reid to be United States District Judge for fied judicial nominees. They are nomi- Boozman Isakson Risch the Southern District of New York; and nees whose judicial philosophy is well Boxer Johanns Roberts Rudolph Contreras, of Virginia, to be within the mainstream. These are all Brown (MA) Johnson (SD) Rockefeller nominees supported by their home Brown (OH) Johnson (WI) Rubio United States District Judge for the District of Columbia. State Senators, both Republican and Cantwell Kerry Sanders Democratic. The consequence of these Cardin Klobuchar Schumer The PRESIDING OFFICER. Under Carper Kohl Sessions the previous order, there will be 2 min- months of delays is borne by the mil- Casey Kyl Shaheen utes of debate equally divided in the lions of Americans who live in districts Chambliss Landrieu Shelby usual form. and circuits with vacancies that could Coats Lautenberg Snowe The Senator from Vermont. be filled as soon as Senate Republicans Cochran Leahy Stabenow Mr. LEAHY. Madam President, the allow votes on the judicial nominations Collins Lee Tester Conrad Levin Thune Senate is about to vote on the nomina- currently before the Senate awaiting Coons Lieberman Toomey tion of David Nuffer to fill a judicial their final consideration. Corker Lugar Udall (CO) emergency vacancy on the Federal We must continue with the pattern Cornyn Manchin Udall (NM) trial court for Utah. This is not a nom- set by last week’s agreement. The Sen- Crapo McCain Vitter ination that should have been filibus- DeMint McCaskill Warner ate needs to make progress beyond the Durbin McConnell Webb tered or required the filing of a cloture 14 nominations in that agreement and Enzi Menendez Whitehouse motion in order to be scheduled for beyond the 20 nominations currently Feinstein Merkley Wicker consideration by the Senate. This is a on the calendar. There are another Franken Mikulski Wyden nomination, reported unanimously by eight judicial nominees who have had the Judiciary Committee over 5 NAYS—3 hearings and are working their way months ago, that we should have voted through the committee process. There Burr Coburn Grassley on and confirmed last year. was another needless delay when Re- NOT VOTING—1 Today’s consideration was facilitated publicans boycotted the Judiciary when the majority leader and the re- Kirk Committee meeting last week and pre- publican leader came to an under- vented a quorum while insisting on a The PRESIDING OFFICER. On this standing last week. With a judicial va- meeting to hold over nominees. We will vote, the yeas are 96, the nays are 3. cancies crisis that has lasted years, overcome that and have those nomina- Three-fifths of the Senators duly cho- and nearly one in 10 judgeships across tions before the Senate this spring. the Nation vacant, the Senate needs to sen and sworn having voted in the af- I hope the committee will hold hear- work to reduce judicial vacancies sig- firmative, the motion is agreed to. ings on another 11 nominations in the nificantly before the end of the year. Cloture having been invoked, the mo- Unlike the nearly 60 district court next few weeks. One of those nominees, tion to refer falls as inconsistent with nominees of President Bush who were Robert Shelby, is to fill the other va- cancy on the United States District cloture. confirmed within a week of being re- Court for the District of Utah. Whether Under the previous order, all ported by the Judiciary Committee during President Bush’s first term, he is included depends in large measure postcloture time is yielded back, the qualified, consensus nominees to fill on the Senators from Utah. motion to concur in the House amend- vacancies on our Federal courts have I have assiduously protected the ment with amendment No. 1940 is with- been needlessly stalled during Presi- rights of the minority in this process. I drawn, and the motion to concur in the dent Obama’s first term. The five- have only proceeded with judicial House amendment is agreed to. month delay in the consideration of nominations supported by both home Under the previous order, the motion Judge Nuffer is another example of the State Senators. That has meant that to reconsider is considered made and needless delays that were occasioned we are not able to proceed on current nominees from Arizona, Georgia, Ne- laid upon the table. by Republicans’ unwillingness to agree to schedule the nomination for a vote. vada, Florida, Oklahoma and Utah. I The application of the ‘‘new standard’’ even stopped proceedings on a circuit the junior Senator from Utah conceded court nominee from Kansas when the Republicans are applying to President Kansas Senators reversed themselves Obama’s nominees continues to hurt and withdrew their support for the the America people all over the coun- nominee. try who are being forced to wait for I have been discussing with the jun- judges to fill these important Federal ior Senator from Utah whether he will

VerDate Mar 15 2010 04:48 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.062 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1982 CONGRESSIONAL RECORD — SENATE March 22, 2012 support the nomination of Robert cies in the U.S. District Courts for the Unit and Deputy Chief of the Criminal Shelby. I have yet to receive assurance Southern District of New York and the Division. Since 2008, Ms. Abrams has that he will. His vote today on the District of Columbia. These are both worked as Special Counsel for Pro Nuffer nomination may provide a clue. nominations that were reported unani- Bono at the New York law firm Davis When the Judiciary Committee con- mously by the Judiciary Committee Polk & Wardwell, where she began her sidered the nomination of David over 4 months ago. They are among the legal career after clerking for Chief Nuffer, both Republican home State many nominations that could and Judge Thomas Griesa in the U.S. Dis- Senators, Senator HATCH and Senator should have been voted on and con- trict Court for the Southern District of LEE, strongly supported the President’s firmed last year. New York. nomination. This is another nomina- Today’s votes are pursuant to the Rudolph Contreras is nominated to tion on which President Obama agreement reached by the majority serve as a Federal trial judge in the reached out and consulted with Repub- leader and the Republican leader last District of Columbia. Born to Cuban lican home State Senators. The Sen- week. Although I commend the step immigrants, Mr. Contreras has devoted ators from Utah supported this nomi- forward, the Senate must continue to his career to public service for the last nation when the President made it last vote on judicial nominations reported 17 years. He worked as an Assistant year and when after hearing and study by the Judiciary Committee beyond U.S. Attorney in the District of Colum- it was voted on by the Senate Judici- the dozen encompassed by that agree- bia and in Delaware. He has risen to be ary Committee. They both serve on the ment, if we are to make significant the chief of the Civil Division of the Committee. Had either of them op- progress in reducing the vacancies U.S. Attorney’s Office for the District posed this nomination, I would not across the Nation that number nearly of Columbia, where he currently serves. have proceeded with it. They supported one in 10. The delay in considering his nomina- it. I hope this will not be another occa- Just yesterday, I read an article tion recalls the 4-month filibuster sion on which either switches his vote about the crushing caseload that the against the nomination of Judge from yes to no. That is another new Federal courts in Arizona currently Adalberto Jordan of Florida. On that practice and new standard that Senate face. I will ask unanimous consent to nomination, Senate Republicans de- Republicans have seemed to adopt. include a copy of the article, entitled layed the vote for another 2 days after By working steadily and by pro- ‘‘Federal courts in Arizona face crush- cloture was invoked and the filibuster ceeding with the regular consideration ing caseload,’’ in the RECORD at the brought to an end. Judge Jordan was of judicial nominations, I hope the conclusion of my remarks. In the arti- then finally confirmed as the first Senate ensures that the Federal courts cle, the chief judge of Arizona’s Fed- Cuban-American to serve on the U.S. have the judges they need to provide eral trial court noted that they are in Court of Appeals for the Eleventh Cir- justice for all Americans without need- ‘‘dire circumstances’’ and that they are cuit. less delay. In the two most recent pres- ‘‘under water’’ from all the cases on The consequences of these months of idential election years, 2004 and 2008, their docket. The report notes that the delays are borne by the nearly 160 mil- we worked together to reduce judicial Federal court not having its full com- lion Americans who live in districts vacancies to the lowest levels in dec- plement of judges ‘‘lessens the quality and circuits with vacancies that could ades. In 1992, with a Republican Presi- of justice for all parties involved.’’ be filled as soon as Senate Republicans dent and a Democratic Senate major- They are relying on visiting judges agree to up or down votes on the 20 ju- ity, we confirmed 66 judicial nominees. from other courts around the country dicial nominations currently before the Our courts need qualified Federal to assist with their court proceedings. Senate awaiting a confirmation vote. judges, not vacancies, if they are to re- In too many places around the country, The Senate must continue the ac- duce the excessive wait times that bur- our Federal courts have to rely on sen- tions allowed by last week’s agree- den litigants seeking their day in ior judges. Their dedication is com- ment. The Senate needs to make court. It is unacceptable for hard- mendable but they should not be car- progress beyond the nominations in- working Americans who turn to their rying such heavy workloads. cluded in that agreement, and beyond courts for justice to suffer unnecessary The needless 4-month delays in the the 20 nominations currently on the delays. When an injured plaintiff sues consideration of Ronnie Abrams and calendar. There are another eight judi- to help cover the cost of his or her Rudolph Contreras are just more exam- cial nominees who have had hearings medical expenses, that plaintiff should ples of the delays that have been occa- and are working their way through the not have to wait 3 years before a judge sioned by Republicans’ unwillingness Committee process. Several of those hears the case. When two small busi- to agree to schedule the nominations were needlessly delayed last week when ness owners disagree over a contract, for a vote. The Senate must return to Republicans boycotted the Judiciary they should not have to wait years for the practice of moving forward on con- Committee meeting and prevented a a court to resolve their dispute. sensus nominees and of ‘‘build[ing] quorum after insisting on a meeting I went back and checked my recollec- bridges instead of burn[ing] them,’’ as only to hold over nominees. There are tion of how we considered consensus Senator COBURN urged. another 11 nominations on which the Federal trial court nominees in Presi- The nominations today are two of Committee should be holding addi- dent Bush’s first term. Nearly 60 were the 20 circuit and district court nomi- tional hearings during the next several confirmed within a week of being voted nations ready for Senate consideration weeks. By working steadily and by con- on by the Senate Judiciary Committee. and a final confirmation vote. They tinuing the regular consideration of ju- By contrast there have only been two were all reported favorably by the Ju- dicial nominations represented by last judicial nominees voted on so promptly diciary Committee after thorough re- week’s understanding between the since President Obama took office. I view. All but a handful are by any leaders, the Senate can do its part to said at the time we were able to vote measure consensus nominations, as are ensure that the Federal courts have on the Alabama nominee supported by Ms. Abrams and Mr. Contreras. There the judges they need to provide justice Senator SESSIONS, who was at that was never any good reason for the Sen- for all Americans without needless time the Committee’s Ranking Repub- ate not to proceed to votes on these delay. lican member, and on Judge Reiss of nominations. It should not have taken Our courts need qualified Federal Vermont, that I hoped they would be- cloture petitions to secure agreement judges, not vacancies, if they are to re- come the model for regular order. In- to schedule votes on these qualified, duce the excessive wait times that bur- stead, they stand out as isolated excep- consensus judicial nominations. den litigants seeking their day in tions to the months of delay Senate Ronnie Abrams is nominated to serve court. It is unacceptable for hard- Republicans have insisted on before as a Federal trial judge on the South- working Americans who turn to their considering consensus Federal trial ern District of New York. She is an ex- courts for justice to suffer unnecessary court nominees of this President. perienced attorney who spent 10 years delays. When an injured plaintiff sues Today, the Senate will vote on the as a Federal prosecutor in the district to help cover the cost of his or her nominations of Ronnie Abrams and Ru- to which she has been nominated. She medical expenses, that plaintiff should dolph Contreras to fill judicial vacan- served as Chief of the General Crimes not have to wait 3 years before a judge

VerDate Mar 15 2010 02:29 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.007 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1983 hears the case. When two small busi- across the country, Karth said. One to two theft and money laundering. She also ness owners disagree over a contract, judges come each week to assist with court served in the Narcotics, Violent Crime they should not have to wait years for proceedings. and Public Corruption Units. From 2004 a court to resolve their dispute. ‘‘We continue to struggle to keep within to 2008, Ms. Abrams served in a super- standards, and everybody’s basically forced Today’s votes are steps in the right to work harder and try to be resourceful in visory role at the United States Attor- direction. pulling together resources, sometimes from ney’s Office, as either Deputy Chief or I ask unanimous consent that the ar- outside our district, to perform well,’’ Karth Chief of the Criminal Division. In 2008, ticle I referenced be printed in the said. Ms. Abrams returned to David Polk RECORD. ‘‘There’s certainly a wear and tear on any- and Wardwell as Special Counsel for There being no objection, the mate- body who has to sustain that sort of a pace Pro Bono and represents those without rial was ordered to be printed in the for lengthy periods,’’ he said. means to represent themselves. RECORD, as follows: Walter Nash, a trial lawyer and partner Rudolph Contreras is nominated to with Nash & Kirchner in Tucson, said the be United States District Judge for the [From YumaSun.com, Mar. 17, 2012] ‘‘crushing’’ caseload in the district is having FEDERAL COURTS IN ARIZONA FACE CRUSHING a serious impact on trials. District of Columbia. He is a 1984 grad- CASELOAD ‘‘It lessens the quality of justice for all uate from Florida State University and (By Victoria Pelham) parties involved,’’ Nash said. received his J.D. in 1991 from the Uni- Federal courts in Arizona are still in ‘‘dire Prosecutors have less time to prepare ar- versity of Pennsylvania Law School. circumstances’’ as an emergency declaration guments, while victims’ cases aren’t resolved After graduating from law school, Mr. that was supposed to help judges keep pace ‘‘as fast as they should be.’’ And judges could Contreras joined the litigation depart- with a crushing caseload is set to expire. be rushed into a decision, meaning some ment of the law firm Jones Day. In guilty defendants may be acquitted, he said. The judicial emergency declared last year 1994, he became an Assistant United in the wake of the shooting death of Chief The need for new judges will be even great- Judge John Roll runs out Monday, but offi- er when Speedy Trial Act provisions are re- States Attorney in the District of cials say the U.S. District Court for the state instated next week after the emergency ex- Delaware and the District of Columbia. still faces many of the same challenges. pires, Nash said. In that capacity, he has represented ‘‘The reason that existed last year still ‘‘You get the best result . . . if everyone the United States and its departments prevails this year,’’ Chief Judge Roslyn Sil- has time to handle a case properly,’’ Nash at both the trial level and appellate ver said recently. ‘‘We are still in dire cir- said. levels in civil actions. In 2003, Mr. cumstances. We are under water.’’ Silver agreed that slow trials affect all sec- Contreras became Chief of the Civil Di- The judicial emergency more than doubled tors of the public and courts have an ‘‘obli- the time allowed for the government to bring gation to ensure justice for all.’’ But with vision in the District of Delaware. a case to trial, giving the court some relief limited resources, space problems in court- There, he supervises 40 Assistant from a rising caseload and judicial vacancies rooms, large numbers of criminal cases and United States Attorneys, 6 Special As- in the district. other concerns, trials could suffer, with civil sistant United States Attorneys, and 31 Through ‘‘lots of hard work’’ and the help trials in particular lagging behind or not support staffers. of visiting judges, the district court has getting the attention they deserve. David Nuffer is nominated to be managed to stay within the original 70-day ‘‘So far we’re OK, but it will present a United States District Judge for the time frame for cases to come to trial under problem at some time,’’ Silver said. ‘‘We are District of Utah. He received his B.S. the Speedy Trial Act and has not had to in- required to act fairly in every criminal case, in 1975 and his J.D. in 1978 from voke the 180-day limit allowed under the but there’s only so much we can do.’’ emergency. The emergency cannot be renewed for six Brigham Young University. He began But that balancing act could be thrown off, months after it expires. Silver said that if his legal career as an associate at Allen Silver said, without the extra help the court things don’t improve, officials will have to Thompson & Hughes. From 1982 to 1992, has been receiving. consider the possibility of renewing. Judge Nuffer practiced both criminal ‘‘If we don’t have that, which is the fail- ‘‘There was a reason for it last year, and I prosecution and criminal defense. safe, then we’re in big trouble, because expect there’ll be a reason for it this year,’’ From 1995 to 2002, he represented mu- there’s just no way we could handle this she said. nicipalities, individuals and businesses caseload,’’ Silver said. Mr. GRASSLEY. Madam President, Arizona had the highest number of per- in civil litigation. He also served as a judge felony filings in the nation in fiscal again, we are moving forward under part-time United States Magistrate 2011, at 554 criminal felony filings for each the regular order and procedures of the Judge during this time. In 2003, he was district court judge, according to the U.S. Senate. This year, we have been in ses- appointed to serve as a full-time mag- District Court Judicial Caseload Profile for sion for about 32 days, including today. istrate judge. In 2009, he became Chief Arizona. That load was fueled in part by the During that time we will have con- Magistrate Judge. He has presided over large number of immigration cases handled firmed 12 judges. That is an average of 30 cases that have gone to verdict or in the court, experts said. better than 1 confirmation for every 3 The court also saw the total number of judgment. While some may complain cases per judge grow by 22 percent in the fis- days. With the confirmations today, about the time it has taken to confirm cal year, from 793 to 969, the fourth-highest the Senate will have confirmed nearly Judge Nuffer, I would note that the judicial caseload in the country, the report 74 percent of President Obama’s Article President took over a year and a half— said. III judicial nominations. 576 days—to submit this nomination, It came as three of the 13 district judge- Today, we turn to three more judicial once the vacancy occurred. ships allotted to the state were vacant. Two nominations. Ronnie Abrams is nomi- Mr. HATCH. Madam President, I am were empty last January when Roll was nated to be United States District pleased that the Senate today will con- killed in the shooting spree at a Tucson su- Judge for the Southern District of New permarket that killed five others and wound- firm U.S. Magistrate Judge David ed 13, including former Rep. Gabrielle Gif- York. She graduated with a B.A. from Nuffer to the U.S. District Court in fords. Cornell University in 1990. She received Utah. Two of the five judicial positions The judicial emergency was declared by her J.D. from Yale Law School in 1993. on that busy court have been vacant Silver after Roll’s death. It was extended Upon law school graduation, she for some time, and Judge Nuffer will be last February to this March by the Judicial clerked for Honorable Thomas P. a welcome addition. Council of the Ninth Circuit, in an effort to Griesa of the United State District Judge Nuffer has been involved in buy the district some breathing room. Court for the Southern District of New virtually all aspects of the legal com- President Barack Obama nominated two candidates in June to fill the vacancies, but York. From 1994 to 1998 she worked as munity in Utah. He was in private only one, Judge Jennifer Guerin Zipps, has an associate on civil matters at David practice for more than 20 years and has been appointed. The other nominee, attorney Polk and Wardwell. In 1998, Ms. been an adjunct professor at Brigham Rosemary Marquez, has been stalled in the Abrams joined the United States At- Young University’s J. Reuben Clark Senate. torney’s Office for the Southern Dis- Law School since 2001. He has chaired Brian Karth, the clerk for the district, said trict of New York as an Assistant the Utah Judicial Conduct Commission filling those vacancies is the minimum need- United States Attorney in the Criminal and served on advisory and study com- ed. He claimed that, according to judicial standards, the district’s caseload is high Division. She handled a variety of mittees, task forces, and councils ap- enough to warrant 10 additional judgeships. criminal cases, inducing ones involving pointed by the Utah Supreme Court. In the meantime, the district has had to the sexual exploitation of children, This diversity of experience and com- rely on visiting judges from other districts bank robbery, immigration, identity mitment to both the bar and the bench

VerDate Mar 15 2010 02:29 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.009 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1984 CONGRESSIONAL RECORD — SENATE March 22, 2012 make him well qualified to join the Johnson (SD) Merkley Schumer Ronnie Abrams, of New York, to be Johnson (WI) Mikulski Sessions U.S. District Court. Kerry Moran Shaheen United States District Judge for the Judge Nuffer has also worked to pro- Klobuchar Murkowski Shelby Southern District of New York? mote the rule of law internationally, as Kohl Murray Snowe Mr. KYL. Mr. President, I ask for the a consultant and lecturer with the Kyl Nelson (NE) Stabenow yeas and nays. Landrieu Nelson (FL) Tester Ukraine Rule of Law Project. I was Lautenberg Paul Thune The PRESIDING OFFICER. Is there a pleased last year to meet with a group Leahy Portman Toomey sufficient second? of judges from Ukraine who were in the Levin Pryor Udall (CO) There is a sufficient second. Lieberman Reed Udall (NM) The clerk will call the roll. United States, both Washington and in Lugar Reid Vitter Utah, as part of this educational pro- Manchin Risch Warner The assistant legislative clerk called gram. Our independent judicial system McCain Roberts Webb the roll. and commitment to the rule of law is McCaskill Rockefeller Whitehouse Mr. KYL. The following Senators are McConnell Rubio Wicker necessarily absent: the Senator from unparalleled anywhere in the world. Menendez Sanders Wyden I also want to note Judge Nuffer’s ef- Nevada (Mr. HELLER) and the Senator NAYS—2 forts to promote access to the courts from Illinois (Mr. KIRK). through technology. He has definitely DeMint Lee The PRESIDING OFFICER. Are there been ahead of the curve on this issue. NOT VOTING—2 any other Senators in the Chamber de- Back in the 1990s, Judge Nuffer di- Heller Kirk siring to vote? rected the Utah Electronic Law Project The result was announced—yeas 96, The nomination was confirmed. nays 2, as follows: and served on the Utah Supreme The PRESIDING OFFICER. Under Court’s Ad Hoc Committee on Access the previous order, there will be now be [Rollcall Vote No. 58 Ex.] to Electronic Court Records. As Chair- 2 minutes of debate equally divided YEAS—96 man of the Senate Republican High- prior to a vote in relation to the Akaka Franken Moran Tech Task Force, I appreciate how Alexander Gillibrand Murkowski Abrams nomination. Ayotte Graham Murray such cutting edge efforts can benefit Who yields time? Barrasso Grassley Nelson (NE) all Americans at low cost. The majority leader. Baucus Hagan Nelson (FL) As I travel throughout Utah talking Mr. REID. Madam President, we ex- Begich Harkin Paul Bennet Hatch Portman to lawyers and judges, the unanimous pect this to be the last vote. I am told Bingaman Hoeven Pryor opinion is that Judge Nuffer has the that we have worked something out so Blumenthal Hutchison Reed experience, temperament, and integ- the next judge we can do by voice. This Blunt Inhofe Reid rity to be a great Federal judge. It was will be the last vote of the week. Boozman Inouye Risch Boxer Isakson Roberts no surprise when the American Bar As- Mrs. GILLIBRAND. Madam Presi- Brown (MA) Johanns Rockefeller sociation unanimously gave him its dent, I am honored to offer my strong Brown (OH) Johnson (SD) Rubio highest rating. I thank my colleagues support for the nomination of Ronnie Burr Johnson (WI) Sanders Abrams to the United States District Cantwell Kerry Schumer for their support of this fine nominee. Cardin Klobuchar Sessions Mr. LEAHY. I would note, on this Court for the Southern District of New Carper Kohl Shaheen side, at least—I know we have to have York. I also want to thank President Casey Kyl Shelby Obama for acting on my recommenda- Chambliss Landrieu Snowe a rollcall on this first nominee. I will Coats Lautenberg Stabenow have no objection if there are voice tion and nominating another superbly Coburn Leahy Tester votes on the next two. That would be qualified woman jurist to the Federal Cochran Levin Thune up to others. But on the first one I ask bench. Collins Lieberman Toomey I have had the privilege of knowing Conrad Lugar Udall (CO) for the yeas and nays. Coons Manchin Udall (NM) The PRESIDING OFFICER. Is there a Ms. Abrams for many years. I know her Corker McCain Vitter sufficient second? as a fairminded woman of great integ- Cornyn McCaskill Warner rity. Throughout her distinguished Crapo McConnell Webb There appears to be a sufficient sec- Durbin Menendez Whitehouse ond. legal career, she has proven herself as Enzi Merkley Wicker All time is yielded back. an exceptional attorney. As Deputy Feinstein Mikulski Wyden The question is, Will the Senate ad- Chief of the Criminal Division for the NAYS—2 United States Attorney’s Office of the vise and consent to the nomination of DeMint Lee David Nuffer, of Utah, to be United Southern District of New York, she su- NOT VOTING—2 States District Judge for the District pervised hundreds of prosecutions, in- of Utah. cluding violent crime, organized crime, Heller Kirk The clerk will call the roll. white-collar crime, public corruption, The nomination was confirmed. The bill clerk called the roll. drug trafficking, and crimes against The PRESIDING OFFICER. The Mr. KYL. The following Senators are children. question is on agreeing to the nomina- necessarily absent: the Senator from Her record shows her commitment to tion of Rudolph Contreras, of Virginia, justice. I can tell you she has a deep Nevada (Mr. HELLER) and the Senator to be United States District Judge for and sincere commitment to public from Illinois (Mr. KIRK). the District of Columbia. The PRESIDING OFFICER. Are there service. There is no question that Ms. The nomination was confirmed. any other Senators in the Chamber de- Abrams is extremely well qualified and The PRESIDING OFFICER. Under siring to vote? well suited to be a Federal judge. the previous order, the motion to re- I strongly believe our Nation needs The result was announced—yeas 96, consider is considered made and laid more women such as her serving on the nays 2, as follows: upon the table. The President will be Federal judiciary, an institution that I immediately notified of the Senate’s [Rollcall Vote No. 57 Ex.] believe needs more exceptional women. action. YEAS—96 I believe it is incredibly important f Akaka Cantwell Enzi that we do reach the point of balance Alexander Cardin Feinstein in the judiciary. I recommend her most LEGISLATIVE SESSION Ayotte Carper Franken Barrasso Casey Gillibrand highly. The PRESIDING OFFICER. The Sen- Baucus Chambliss Graham The PRESIDING OFFICER (Mr. ate will resume legislative session. Begich Coats Grassley SANDERS). Who yields time in opposi- f Bennet Coburn Hagan tion? Bingaman Cochran Harkin Mr. GRASSLEY. Mr. President, I REPEAL BIG OIL TAX SUBSIDIES Blumenthal Collins Hatch ACT—MOTION TO PROCEED Blunt Conrad Hoeven yield back our time. Boozman Coons Hutchison The PRESIDING OFFICER. All time Mr. REID. Mr. President, I move to Boxer Corker Inhofe is yielded back. proceed to Calendar No. 337, S. 2204. Brown (MA) Cornyn Inouye Brown (OH) Crapo Isakson The question is, Will the Senate ad- The PRESIDING OFFICER. The Burr Durbin Johanns vise and consent to the nomination of clerk will report the bill by title.

VerDate Mar 15 2010 02:29 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.023 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1985 The bill clerk read as follows: MORNING BUSINESS hearing of the Senate Judiciary Com- A bill (S. 2204) to eliminate unnecessary Mr. REID. Mr. President, I ask unan- mittee. I spoke to Senator PAT LEAHY tax subsidies and promote renewable energy imous consent that the Senate go into about this this morning, and he has and energy conservation. a period of morning business, with Sen- given me his permission as chairman to CLOTURE MOTION ators permitted to speak therein for up move forward. We will have a hearing Mr. REID. Mr. President, I have a to 10 minutes each. and put on the record what sports cloture motion at the desk. The PRESIDING OFFICER. Without leagues and teams at the professional The PRESIDING OFFICER. The clo- objection, it is so ordered. and collegiate levels are doing to make ture motion having been presented The Senator from Illinois. sure there is no place in athletics for under rule XXII, the Chair directs the these pay-to-maim bounties. I want to clerk to read the motion. f hear the policies and practices in each The bill clerk read as follows: NFL DISCLOSURE of the major sports and collegiate CLOTURE MOTION Mr. DURBIN. Mr. President, I rise to sports that are being put in place, and We, the undersigned Senators, in accord- speak about a disturbing disclosure I want to explore whether Federal leg- ance with the provisions of rule XXII of the islation is required. Standing Rules of the Senate, hereby move made recently by the National Foot- ball League. Their investigation re- Currently, bribery in a sporting con- to bring to a close the debate on the Reid test is a Federal crime. It is illegal to motion to proceed to Calendar No. 337, S. vealed that the New Orleans Saints had 2204, a bill to eliminate unnecessary tax sub- allegedly been operating an illegal carry out a scheme in interstate com- sidies and promote renewable energy and en- ‘‘bounty’’ program. merce to influence a sporting contest ergy conservation. Under this bounty program, players through bribery. This goes back to a Harry Reid, Robert Menendez, Richard J. were reportedly given significant sums law enacted almost 50 years ago by Durbin, Patrick J. Leahy, Patty Mur- of money in direct exchange for inten- Senator Kenneth Keating of New York. ray, Carl Levin, Charles E. Schumer, Here is what he said at the time about Bernard Sanders, Amy Klobuchar, Al tionally injuring opposing players, dis- abling them, and for having them car- bribery that would influence the out- Franken, Benjamin L. Cardin, Sheldon come of a sporting contest: Whitehouse, Sherrod Brown, Mark ried off the field in an ambulance. Udall, Daniel K. Akaka, Debbie Stabe- According to reports, compensation We must do everything we can to keep now, John F. Kerry. started at $1,000 for causing an oppo- sports clean so that the fans, and especially Mr. REID. Mr. President, I withdraw nent to be ‘‘carried off’’ the field. This young people, can continue to have complete confidence in the honesty of the players and my motion to proceed. was called a ‘‘cart-off.’’ The price was the contest. Scandals in the sporting world The PRESIDING OFFICER. The mo- $1,500 for causing an opponent to be un- are big news, and can have a devastating and tion is withdrawn. able to continue the game. This was shocking effect on the outlook of our youth, Mr. REID. Mr. President, I ask unan- known as a ‘‘knockout.’’ These ‘‘boun- to whom sports figures are heroes and idols. imous consent that the mandatory ties’’ reportedly reached high sums of As the Department of Justice stated quorum under rule XXII be waived. money, as large as $10,000 and even at that time, when the Federal law The PRESIDING OFFICER. Without $50,000. making it a crime to engage in bribery objection, it is so ordered. What is even more troubling is that to influence the outcome of a sporting f reports suggest that these bounty sys- contest was enacted, Federal legisla- 21ST CENTURY POSTAL SERVICE tems might have reached far beyond tion was necessary to deal with the in- ACT OF 2011—MOTION TO PROCEED the New Orleans Saints. Reports sur- adequacies and jurisdictional limita- facing as a result of the NFL’s inves- Mr. REID. Mr. President, I move to tions of State law. tigation have indicated that other Mr. President, most of us are sports proceed to calendar No. 296, S. 1789. teams may have also been engaged in The PRESIDING OFFICER. The fans. I would have to list my favorite this practice. sports as football, with baseball a close clerk will report the bill by title. One former professional football The bill clerk read as follows: second. I know football is a contact player recently tweeted: A bill (S. 1789) to improve, sustain, and sport. I still have a bum knee to show transform the United States Postal Service. Why is this a big deal now? Bounties have from my football experience in high been going on forever. CLOTURE MOTION school. Accidents will happen and inju- Mr. REID. Mr. President, I have a Another stated: ries will happen. That is a part of the cloture motion at the desk. Prices were set on Saturday nights in the game. I knew it when I put on my uni- The PRESIDING OFFICER. The clo- team hotel. . . . We laid our bounties on op- form and went out on the field. But I ture motion having been presented posing players. We targeted big names, our never dreamed there would be some sights set on taking them out of the game. under rule XXII, the Chair directs the conspiracy, some bribery involved and clerk to read the motion. Let me tell you why this is impor- some other player trying to inten- The bill clerk read as follows: tant and reprehensible. A spirit of ag- tionally hurt me or take me out of the CLOTURE MOTION gressiveness and competitiveness is an game. That goes way beyond sports. We, the undersigned Senators, in accord- integral part of many sporting con- I am heartened by the fact that many ance with the provisions of rule XXII of the tests, but bribing players to inten- of the leaders in sports are now sen- Standing Rules of the Senate, hereby move tionally hurt their opponents cannot sitized to the injuries that are being to bring to a close the debate on the motion be tolerated. We have to put an end to caused to players, particularly in the to proceed to Calendar No. 296, S. 1789, the this. football arena. We know concussions 21st Century Postal Service Act. Just yesterday, to its credit, the NFL can be devastating and ultimately take Harry Reid, Thomas R. Carper, Sherrod announced historically stiff penalties the life of a player. The National Foot- Brown, Mark Begich, Bill Nelson, for those involved in the New Orleans ball League and others are more and Frank R. Lautenberg, Jeanne Shaheen, Richard Blumenthal, Christopher A. Saints bounty program. The team’s more sensitive to this phenomena. I Coons, Dianne Feinstein, Patrick J. head coach, general manager, former commend them for this. But this dis- Leahy, Richard J. Durbin, Joseph I. defensive coordinator, and assistant closure involving the New Orleans Lieberman, Patty Murray, Charles E. head coach were suspended for long pe- Saints goes to an outrageous level that Schumer, Mark L. Pryor. riods of time. The team will forfeit se- none of us ever anticipated. Mr. REID. Mr. President, this is an lections in upcoming drafts and the I think it is time, whether we are extremely important bill, the postal team was fined. talking about hockey, football, base- reform legislation, that we have been I commend the National Football ball, basketball, or any collegiate team waiting to get to for a long time. League for taking swift and decisive contest, that we have clear rules to I ask unanimous consent that the action to discipline those involved in make certain that what happened with mandatory quorum under rule XXII be the Saints’ bounty program, but we the New Orleans Saints never, ever waived. need to make sure this never happens happens again. The PRESIDING OFFICER. Without again on any team, in any team sport. This hearing will invite representa- objection, it is so ordered. For that reason, I will be convening a tives and witnesses from the major

VerDate Mar 15 2010 02:29 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.083 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1986 CONGRESSIONAL RECORD — SENATE March 22, 2012 sporting leagues and the NCAA. So economy, we need to move goods, we take up the bill. Put these people to they will have time to prepare, we will need to move people. work. Our bill will save 1.9 million con- call the hearing after the Easter break, This idea of a national transpor- struction jobs, and it will create up to but I hope to have it in a timely fash- tation system came to us from a Re- 1 million more. We can take this 1.4 ion. publican President named Dwight Ei- million, hire 1 million workers, and I want fans all across America and I senhower. He was a war hero and a gen- you would bring down that unemploy- want players all across America to eral. He knew logistics, and he knew ment rate—way, way down. It is 17.1 know that what happened in New Orle- that if someone is in a war zone and percent. ans that led to this action by the NFL they have to move their artillery, they How about our businesses? Our busi- is not going to be repeated. have to move their equipment and all nesses need help. Mr. President, 1,075 Mr. President, I yield the floor, and I the rest, they need to have a logistics organizations—the vast majority of suggest the absence of a quorum. plan. When he became President, he them are businesses—have begged us to The PRESIDING OFFICER. The knew: We are moving products from do this bill. We say to Speaker BOEH- clerk will call the roll. one State to the next. It is commerce. NER respectfully, listen to more than The legislative clerk proceeded to We had better get it right. And he 1,000 organizations. Pass the bill. call the roll. started the highway system. I am going to read an amazing array Mrs. BOXER. Mr. President, I ask Since that time, we have had bipar- of editorials. I will not read them in unanimous consent that the order for tisan support for transportation legis- whole, I will read them in part. The the quorum call be rescinded. lation. Whether it was Bill Clinton or idea is that maybe Speaker BOEHNER The PRESIDING OFFICER. Without whether it was George Bush or George isn’t listening, maybe he is not paying objection, it is so ordered. Bush’s father or it was Jimmy Carter attention, but the country is. f or it was Ronald Reagan or it was Here is an editorial—not from a blue Richard Nixon, we have had bipartisan MAP 21 State but from a bright red State support. called Oklahoma, the Tulsa World: Mrs. BOXER. Mr. President, you The American people must be really Bipartisanship in the Senate Moves Trans- know very well, because you are such a happy to hear that we were able to portation Bill. leader on the issue of jobs for America, carry out that bipartisan spirit. Sen- This is what they said: that the Senate passed a very impor- ator INHOFE and I, working in our com- With rare bipartisanship, the U.S. Senate tant bill last week. It is called MAP 21, mittee; Senator HUTCHISON and Sen- Moving Ahead for Progress in the 21st on Wednesday passed a much-needed and ator ROCKEFELLER, working in their much-delayed national transportation bill Century. What it did was reauthorize committee—these are Republicans and that could create jobs and fund road our transportation programs as they Democrats working together—Repub- projects. . . . relate to highways, our bridges, and licans and Democrats in Finance, Re- They finish by saying: our transit systems. publicans and Democrats in four com- This was a very difficult bill to get House Speaker John Boehner has called for mittees worked on this bill and voted the House to either take action on its bill or done because it took a lot of com- it out. close it. That could clear the House to con- promise. My friend in the chair knows We asked the House to take up the sider the Senate bill. this. He comes from Vermont where bill and pass it. So far we have heard The country’s infrastructure has they have had a lot of issues with re- nothing at all to lead us to the belief been ignored for too long, and it is in building their roads after disasters, and that that is what they are going to do. dire straits. This is an important and he knows how important it is, espe- This entire program expires at the end necessary extension of the Transpor- cially in those rural areas, to make of next week. If they just send us an tation bill. It will make needed im- sure we have a good transportation extension without funding, if they send provements to our transportation in- system both in our roads, our freeways, us an extension without change in law, frastructure and, just as important, it and our mass transit. it is going to wreak havoc in our is a real job-creator. We got this bill done. It was remark- States. We already have letters from This is an editorial from Oklahoma— able, 74 votes. Actually, it would have the States saying that they are very far from a blue State. They want us to been 75 votes. One of our colleagues fearful because this is the construction finish our work, and they are calling was at a funeral and he was for the bill. season. You cannot enter into an on Speaker BOEHNER to do it. So three-quarters of the Senate sup- agreement if you only have a short- Here is another red State, the Fort ported that bill. We excitedly found out term agreement to keep the highway Worth Star-Telegram: some House Members were very happy program operating for 30 days or 90 with it and they have introduced it and What an exciting thing to see the U.S. Sen- days or 60 days. We call on them to ate pass a surface transportation funding bill that bill, MAP 21, is sitting over in the pass this bill. last week on a 74–22 vote. Such bipartisan House. There is a lot at stake, and they I did a press conference today with support for maintaining and improving this are not moving this bill. Democrats, Leader PELOSI and STENY crucial part of the national infrastructure They could take that bill off the desk HOYER and friends over there who work makes it almost seem like the good old days and they could pass it in 15 minutes. I on transportation issues—NICK in Washington. . . . served in the House. I know the rules. RAHALL, the ranking member of the At one point, [House Speaker John Boeh- ner] said he would put the Senate bill before It is not like the Senate, where we can committee, and Mr. BISHOP, who has the House. . . . filibuster and do amendments and all introduced the Senate bill, and Mr. the rest. It is a very quick process. DEFAZIO from Oregon. We had one mes- Now he says: They have not done that. Instead, they sage, and the message was this: Speak- It’s beginning to look like Boehner doesn’t are talking about putting together a er BOEHNER, do what every great have a clue what the House will do. . . . bill just with the Republican Party and Speaker has done before you—reach If the Star-Telegram is right and not including Democrats in that at all. out to the other party, come to the BOEHNER doesn’t have a clue as to what So they would have a very partisan table and get 218 votes and pass this. to do, I would like to respectfully ask bill, and they are not interested in So far we do not hear anything like him to take up the Senate bill and pass going to the Democrats. They want to that. I am very worried and I am con- it. turn that bill into some offshore oil cerned. Why? We just passed a bill they sent us drilling, drilling in the Arctic, drilling Mr. President, 1.4 million construc- with 73 votes. Our bill passed with 74. in the lakes, drilling, drilling, drilling, tion workers are unemployed. That We did it. They should do it. In their when it has nothing to do with the bill would fill 14 football stadiums. Four- bill that we passed, there is not one es- and would only add contentious, non- teen Super Bowl stadiums filled with timate of how many jobs will be cre- germane issues to what is a very clear unemployed workers—that is what we ated by it—not one. We are hoping statement by the Senate, in a bipar- have in construction because we have there will be. It is the IPO bill. This tisan way, that in order to be a great had such a downturn in housing. We one is 3 million jobs, unequivocal. They nation and in order to have a strong ask Speaker BOEHNER respectfully, name a bill the ‘‘JOBS bill,’’ they send

VerDate Mar 15 2010 02:29 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.065 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1987 it over here, and it gets 73 votes. We How about this: Unfortunately, House members apparently are going to pass it. We took it up. Now The U.S. Senate just delivered a gift to the haven’t gotten the word. The Senate bill ex- they should pass the bill we passed. House: a bipartisan transportation bill at a tends funding for federal highway, mass They call it the ‘‘congressional follies’’ time when America really could use a lift. transit and other surface transportation Here’s hoping the House Republicans don’t projects for two years. That would save or if he doesn’t act. create three million jobs. . . . This is from the Oregon Register mess it up. . . . News for them: Right now, they are Speaker John Boehner appears to have rec- Guard. It is entitled ‘‘A Solid Trans- ognized that this version favored by some portation Bill.’’ messing it up. All they have to do is GOP hard-liners in his caucus doesn’t stand By an impressively bipartisan 74–22 vote, take our bill from the desk and pass it, a chance of becoming law, but there’s no im- the U.S. Senate on Wednesday passed a two- and, guess what, that would mean 3 mediate plan to go forward with a reasonable year blueprint for transportation. The House million jobs; thousands of businesses compromise. should pass this massive bill swiftly after relieved that they know they can enter This uncompromising approach is why pub- setting aside an outrageous Republican into contracts to build our roads and lic approval of Congress stands at 10 percent version that would link highway, bridge and fix our bridges. There are 70,000 bridges or below in recent polls. Mr. Boehner should other transit spending to an expansion of oil in a state of disrepair, deficient, mean- urge the members of his caucus to set aside their job-killing intransigence and accept drilling from the Arctic National Wildlife ing they could have serious con- Refuge. . . . the bipartisan Senate version. . . . sequences. We saw bridges collapse. It praises our bill and points out that That is not a game. And infrastructure Let me repeat that. our bill is supported by labor and busi- is aging. This uncompromising approach is why pub- ness, and it will create 3 million jobs. I love this editorial. Essentially, it lic approval of Congress stands at 10 percent I am going to read a few more of says: or below in recent polls. Mr. Boehner should these. I hope somebody in Speaker urge the members of his caucus to set aside A spokesman for Speaker John Boehner their job-killing intransigence and accept BOEHNER’s office is watching, I really tells us that ‘‘the hope is that the House can do, because we are showing what is the bipartisan Senate version before funding coalesce around a more responsible, long- runs out. happening in the country. Everybody is term extension’’ of the transportation bill. Let’s hold this here. I am going to calling on Speaker BOEHNER to pass the That is a hope. That is a prayer. conclude here because I know Senator bill. They tried it for more than a year. FRANKEN has been waiting and I so re- This is the Sacramento Bee. Who Guess what. They got nowhere. They spect his right to speak. But I did want could say it better? ‘‘Stop dithering, will not talk to the Democrats over to point out that this particular edi- pass transportation bill.’’ there. The Senate’s two-year bill, while not ideal, I served in the House for 10 years. It torial comes from the newspaper that would provide states stability through the was a wonderful experience. Tip O’Neill is home to the chairman of the com- end of 2013. It also would give lawmakers a was a great Speaker. They have had a mittee over there, JOHN MICA, the year to work on long-term funding. . . . lot of great ones over there, but Tip chairman of the T and I Committee, Some House Republicans are saying they O’Neill knew that the way to get Transportation Infrastructure, and this won’t act on a multiyear bill until . . . after is what they say: the Easter break. things done was to get to 218. He didn’t Congress is gridlocked again—surprise!— That is unacceptable, that is what I care if the people voting were Demo- crats or Republicans; if he saw a need, this time over Federal transportation fund- think. ing. They quote something I said, and I he got to 218. He would go to his friend Last week a bipartisan majority in the am going to repeat it because I think it Bob Michel on the other side, like I Senate passed a $109 billion measure that is important. went to JIM INHOFE, and they worked would maintain Federal funding for highway This was a bill that brought us together, together the way we did. and mass transit projects for two years. But and Lord knows, it’s hard to find moments Speaker BOEHNER, reach your hand a five-year bill . . . drafted by . . . John when we can come together. out to Leader PELOSI. She is ready to Mica, has stalled amid opposition from Democrats and some Republicans. Isn’t that true, Mr. President? It is go. She will work with you. Here is one from Ohio. This is the Rather than let transportation projects hard to find times when we come to- State of Speaker BOEHNER, from the grind to a halt, lawmakers should pass the gether, when we came together, three- Akron Beacon, an editorial: ‘‘Road to Senate bill as the only bipartisan vehicle quarters of the Senate. available. Then, they should get started on Compromise.’’ Speaker BOEHNER, what more do you fixing the problems . . . [in the long run]— want? You had 22 Republicans vote On Wednesday, 74 Senators, Republicans before the next bill becomes due. and Democrats, joined together in a real ac- aye. Take up our bill and pass it. complishment. They approved a two-year, Let’s put up the last one. This is Here is another one: ‘‘Highway bill $109 billion transportation bill. . . . The tim- from the Tampa Bay Times. This is a would boost stability.’’ How important ing couldn’t have been better. Authorization part of Florida that is pretty red, so I is that as we climb out of this reces- for federal highway spending ends on March will close with this one. sion? 31. Without action, construction, repair and House Should Fix Partisan Potholes and A two-year, $109 billion highway bill that maintenance will halt across the country. Pass Transit Bill. passed the Senate this week buoys the hope What will the House do? It should take the With new signs every week that the recov- of interest groups like roadbuilders and the cue of the Senate, and quickly approve the ery is taking hold, Congress should be rel- travel industry that the House can be prod- legislation that won bipartisan support. . . . ishing the chance to pass a transportation ded by the senators’ action to pass its own This is Speaker BOEHNER. You know, bill. But House Republicans are more keen to bill before a March 31 expiration. . . . in Speaker BOEHNER’s State, at a min- continue waging ideological wars in the run- The bill has no earmarks. imum, 55,000 jobs are at stake—at a up to elections than to bring some much- This is from Mississippi, another red minimum. That is without our new needed relief to America’s commuters and to State. program that leverages funds. That workers hard hit in the construction indus- try. The House should follow the Senate’s Mississippi could derive major benefits could be doubled, but right now there lead and pass a transportation bill without from a part of the bill called the RESTORE are 55,000 jobs we protect and we could further delay. . . . Act amendment, supported by Wicker and create about another 40,000. In Leader So everybody seems to be getting the Cochran. It would establish a restoration CANTOR’s State, it is 40,000 jobs and we message, but I am not so sure Speaker fund for Mississippi, Alabama, Louisiana and could create another 30,000. I don’t Texas— BOEHNER or Leader CANTOR are listen- know what they are thinking about ing, and they have to listen. Because if Et cetera—the gulf coast—to restore over there. I honestly don’t know. they don’t listen and as a result of the damage caused in the calamitous What are they thinking about? oilspill. Here is one. This is from Florida, an their inability to pass this bill—or not Here we have newspaper after news- editorial: ‘‘Pass This Transit Bill.’’ want to pass it—what will happen is paper. How could you get it clearer? there will be another jolt to this eco- I will be finished in about 6 minutes. In an all too rare display of bipartisanship, nomic recovery. Because we are talk- Here is another Chicago Sun-Times the Senate by a vote of 74 to 22 last week ing 3 million jobs at stake. Thousands editorial: ‘‘For a Better Commute, Pass passed a transportation bill of vital interest of companies are hurting, and I am Transportation Bill.’’ to South Florida and the rest of the country. hearing from States all over this great

VerDate Mar 15 2010 04:48 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.067 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1988 CONGRESSIONAL RECORD — SENATE March 22, 2012 Nation that they are in chaos because Let’s talk about seniors. I go to a lot the Wall Street Journal, health care they don’t know what the House is of senior centers around my State. I reform has already added jobs to our going to do. know the Presiding Officer goes to sen- economy. I barely touched on the great So we took up a House bill, we didn’t ior citizen centers around New Hamp- stuff that kicks in, in 2014, such as the play partisan games, we passed it in a shire. Because of the health care law exchanges which will allow individuals couple days, and it got 73 votes. Our more than 57,000 seniors in Minnesota and small businesses to pool with oth- jobs bill for highways and transit and receive a 50-percent discount on their ers to get more affordable health insur- roads and bridges got 74 votes. I say covered brand-name prescription drugs ance that is the right fit for them. Of they wanted us to do this, we did it. when they hit the doughnut hole, at an course, while presently no child can be How about they take a look at this average savings of $590 per senior. By denied health insurance for preexisting bill. How about they save 3 million 2020, the law will close the doughnut conditions, starting in 2014 no Amer- jobs. How about they do the people’s hole entirely. You know who likes ican will be denied health insurance or work before they go off on their break. that—seniors. You know what else sen- penalized for having a preexisting con- They owe it to the American people. iors like—the fact that in 2011, 424,000 dition. BOEHNER, CANTOR, MICA, all of them Minnesotans with Medicare received The Congressional Budget Office, a owe it to the American people. They preventive services without copays, nonpartisan agency of Congress, has said it is a priority, and they do noth- such as colonoscopies and mammo- crunched the numbers and reported ing. They are dithering, as the papers grams and free annual wellness visits that the affordable care act will insure have expressed. Today, they can stop with their doctors. I could go on and on 31 million additional Americans and dithering. Tomorrow, they can get our with what we have already gained, but bring down our national deficit by bil- bill ready for a vote. Next week, they I wish to talk a little bit about a provi- lions of dollars in its first 10 years and could pass it, we can go home, and we sion I wrote with the catchy name by approximately $1 trillion in its sec- can all celebrate with our businesses ‘‘medical loss ratio,’’ which is some- ond 10 years. and our construction workers and times called the 80/20 rule because of I ask the American people not to fall know we have done something great for my medical loss ratio provision which I victim to disinformation. There are no the American people. based on a Minnesota law. death panels. The affordable care act Thank you very much. I yield the Health insurance companies must cuts the deficit. Under this law, busi- floor. spend 80 to 85 percent of their pre- nesses under 50 employees don’t have Mr. FRANKEN. Madam President, I miums on actual health care. This is 85 to provide insurance for their employ- would like to associate myself with the percent for large group policies, 80 per- ees and will not suffer penalties if they words of the Senator from California cent for small group and individual don’t. They will not have to pay fines for the tremendous work she did on the policies on actual health care, not on and they will not be dragged into pris- Transportation bill, which is a bipar- administrative costs, marketing, ad- on. There is so much junk out there tisan bill that passed overwhelmingly vertisements, CEO salaries, profits but that is just plain false, and it is doing in the Senate. on actual health care. We have already everyone in this country a giant dis- f heard the medical loss ratio provision service. HEALTH CARE is working. The plan is already low- My colleagues and I disagree on Mr. FRANKEN. Madam President, I ering premiums in order for companies many things. Can we all at least agree would like to join many of my col- to comply with the law. For example, to talk about this law in a factual leagues who are each talking a little Aetna in Connecticut lowered their manner? The benefits of this law are bit about the affordable care act, which premiums on an average of 10 percent tremendous and Americans across the celebrates its second anniversary of because of this provision in the law. country are already experiencing it. I being signed into law by the President Another key provision in the law is urge all my colleagues to acknowledge tomorrow. Even though the law will the value index. The value index re- these benefits and to support the con- not be fully implemented until 2014, wards doctors for the quality of the tinued implementation of the Patient millions of Americans and Minnesotans care they deliver, not the quantity—for Protection and Affordable Care Act. are already enjoying the benefits from the value of the care, not the volume. (The remarks of Mr. FRANKEN per- important provisions in the law. My home State, Minnesota, is a lead- taining to the introduction of S. 2225 For example, no child in Minnesota, er—if not the leader—in delivering are printed in today’s RECORD under no child in New Hampshire, and no high-value care at a relatively low ‘‘Statements on Introduced Bills and child in America can now be denied cost. Traditionally, in Minnesota, our Joint Resolutions.’’) health insurance coverage because he health care providers have been well Mr. FRANKEN. I thank the Chair or she has a preexisting condition. Par- underreimbursed for it. For example, and I yield the floor. ents across Minnesota and around the Texas gets reimbursed 50 percent more The PRESIDING OFFICER. The Sen- country can sleep a little bit easier per Medicare patient than Minnesota ator from Nebraska. knowing that if their child gets sick, does. This isn’t about pitting Min- Mr. JOHANNS. I ask unanimous con- they will still be able to get the health nesota against Texas or Florida, it is sent to speak for up to 15 minutes. care coverage they need. That is a big about rewarding those low-valued The PRESIDING OFFICER. Without deal. States to become more like Minnesota. objection, it is so ordered. Speaking of parents, young adults Imagine if we brought down Medicare Mr. JOHANNS. Madam President, can now stay on their parents’ health expenditures by 30 percent around the the anniversary of any new law should insurance until they are 26. Thanks to country while increasing its effective- be a time to celebrate accomplish- the affordable care act, 32,189 young ness. It will bring enormous benefits ments and new landmarks. But the al- adults in Minnesota are now insured on not just to Minnesota but across the most constant flow of bad news, unfa- their parents’ policy. Because of this country because it will bring down the vorable reports, and broken promises law health insurance companies can no cost of health care delivery nationwide, makes the second anniversary of the longer impose lifetime limits on health and that is what we need to be address- health care law anything but a celebra- care benefits. ing, the cost of health care delivery, tion. Rather, it is something that even Just a few weeks ago, I heard from a because we all know bringing down the the White House seems embarrassed to Minnesotan in his thirties who has he- health care costs is key to getting our mention. mophilia. He had already hit his life- long-term deficits in order. In fact, The truth is the policy behind the time cap three times, but because of there is probably nothing more impor- bill was flawed. The truth is that the the health care reform law he still has tant that we can do. That is where the law is fundamentally flawed. It raises insurance. No American can ever again value index is so important. taxes and health care costs for working have their health insurance taken I have gone over a number of the ben- Americans. It puts bureaucrats be- away from them because they have efits from health care reform that have tween patients and their doctors. It reached some arbitrary lifetime limit, already kicked in, but I obviously tangles our Nation’s job creators in and I am proud of that. didn’t mention them all. According to regulations and redtape, and it defies

VerDate Mar 15 2010 02:29 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.069 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1989 our country’s most sacred document— transportation. Not only that, the law affect their families. Approximately the Constitution of the United States. puts all the pressure and burden on our 428,000 Nebraskan households making Next week, the U.S. Supreme Court States to implement the Medicaid Pro- less than $200,000 will pay higher begins hearings to determine whether gram’s largest expansion since 1965, taxes—approximately 428,000. That is the health care law violates the Con- placing $118 billion in unfunded man- based on estimates by the Joint Com- stitution. It is one of the most impor- dates on States, when our States are mittee on Taxation. tant cases reviewed in recent history. struggling to figure out how they bal- Small businesses across Nebraska The Court has set aside a remarkable 6 ance their budgets today. As a former have shared with me that they are hours for oral arguments—more time Governor who has balanced budgets, I holding off on hiring because of the than has been devoted to a case in over believe this expansion dumped on our mandates in this legislation. At a four decades. Its ruling will have a far- States to manage is a critical and fatal roundtable last week, business men and reaching impact on our health care flaw of this legislation. women expressed their concerns about system, but it doesn’t stop there. It CBO also recently projected that up the law’s tax on health insurance com- will have a far-reaching impact on our to 20 million more working Americans panies in the fully insured market, and economy, and fundamentally on the ex- could lose their employer-sponsored with good reason. The health insurance panse of congressional authority over health care coverage because of this tax alone could impose $87 billion in the individual citizen. health care law. That is an incredible costs on businesses and their employ- I hope the Supreme Court will re- shift, especially when we consider that ees over the law’s first 10 years alone. solve the countless problems in this our President promised no fewer than An analysis by the National Federa- law for good by striking it down in its 47 different times: ‘‘If you like your tion of Independent Business indicates entirety. plan, you can keep it.’’ this law will force the private sector— The facts tell us that with the pas- In addition to a potential 20 million will force the private sector—to cut be- sage of time, things have not gotten employees losing their current cov- tween 124,000 and 249,000 jobs between better with this law; they have, in fact, erage, 7 million seniors are likely to now and 2021. That is not just a sta- gotten worse. Take last week’s report lose their Medicare Advantage plans. tistic, those are families who will lose from the nonpartisan Congressional According to the Congressional Budget a job because of this health care bill. Budget Office as one example. We Office Director, more than 3,200 Ne- It is remarkable that in the midst of learned something about the cost of braskans enrolled in Medicare Advan- our economic situation, the President’s this bill. Before the bill was passed, tage will, in fact, have their benefits signature legislation actually reduces jobs. These are some of the many rea- many of us were saying this bill was cut in half. Families in 17 States, in- sons Nebraskans are demanding louder filled with budget gimmicks to make it cluding Nebraska, no longer have ac- look cheaper to the American people than ever that this law be repealed. cess to child-only health insurance be- Now, some of the law’s supporters than it was. Well, we learned that the cause of mandates in the law. have taken up the mantra: Well, don’t cost of the law’s coverage provisions Wait a second. I just said in 17 States repeal it, repair it. That is a nice slo- alone is projected to balloon to $1.7 they no longer have access to a child- gan. This law, though, is so fatally trillion. only health insurance policy because of flawed no bandaid is ever going to fix The problem is that CBO only does this law’s effect. That is incredible. it. 10-year projections, so the major provi- Our Nebraska insurance commis- I experienced firsthand how difficult sions of this law were delayed until sioner called this collapse of the child- it is to change this law when I worked 2014. Why? Well, the reason for that is only market ‘‘an example of the unin- to repeal the 1099 reporting require- it was done to mask the true costs of tended consequences of this imperfect ment, which nearly everybody agreed this bill when it was fully imple- law.’’ was idiotic. It would have increased pa- mented. When we eliminate gimmicks Here we see the President’s promise, perwork burdens on our Nation’s job such as this and consider the law’s first again, flipped on its head: This law creators by up to 2,000 percent. 10 years of full implementation, I fully forces you to say goodbye to the cov- The administration even agreed this expect the total cost of this legislation erage you like for children. pay-for in their law needed to go, and, will not be the $900 billion promised by Over the past 2 years, I have traveled in the end, 87 Senators supported full President Obama, it will be $2.6 tril- across the great State of Nebraska repeal of the provision. But it took 9 lion. This law certainly doesn’t bend hosting townhalls, roundtables, and months and 7 votes before my efforts to the cost curve down. meetings, and I am finding that the repeal a provision that everybody CBO concludes that families buying more folks know about this law, the agreed was idiotic was finally success- insurance on their own will pay an as- more they detest it. Religious schools ful. So anyone who tells you we can tounding $2,100 more a year for that in- and hospitals and charities are trou- tinker with the law to fix it might as surance. Yet then-Candidate Obama bled because the law will force them to well offer you ocean-front property in promised that Americans would see violate their deeply held beliefs. Sen- the State of Nebraska. their premiums decrease by $2,500 by iors are concerned that the law will The 2,700-page law is one of the larg- the end of his first term. limit access to care because it siphons est pieces of legislation ever passed in The recent CBO report also noted $500 billion from Medicare and uses it this Nation’s history. Its provisions are that the Federal Government will as a piggy bank to spend on other gov- interconnected, ill-fated, and far-reach- spend $168 billion more on Medicaid ernment programs. ing, and they will affect every single compared to last year’s estimate. The administration’s own Medicare American economically, socially, and The truth keeps coming out. That Actuary has projected ‘‘the prices paid physically. We cannot sit idly by and means more people will be trapped in a by Medicare for health services are allow for the negative consequences to broken program where waiting lines very likely to fall increasingly short of continue unraveling, and they will. will, in fact, be longer, emergency the costs of providing these services.’’ As I said, I hope the Supreme Court room visits will be more frequent, be- The CMS Actuary continued that these strikes down this entire law. But if it cause that is the only place they can Medicare cuts could result in ‘‘severe does not, we will continue our fight to find care, health care outcomes will problems with beneficiary access to repeal it, as Nebraskans demand that I get worse, and 40 percent of physicians care.’’ do. We must protect the rights of today won’t even see patients in this Let me translate that. That means Americans to choose their doctors, to program. this law will make it more difficult for select their insurance, to trust their This law does not deliver better qual- senior citizens to get health care be- care, and to protect their conscience ity health care either. Imposing Med- cause the Federal Government is not rights. We must ensure employers see icaid on more people is like giving paying its way. Others wonder what reforms that reduce regulations and someone a ticket to ride a bus that has the 159 new boards established by this redtape and instead increase effi- broken down hundreds of miles away law will mean for access to health care, ciencies and address the underlying but claiming they have a ticket so, in and hard-working Nebraskans question costs. We must give States the flexi- fact, they have the opportunity for how the law’s $1⁄2 trillion in taxes will bility to run their Medicaid Program in

VerDate Mar 15 2010 02:29 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.071 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1990 CONGRESSIONAL RECORD — SENATE March 22, 2012 the best way that serves the needs of of a preexisting health condition; in- Regrettably, opponents of the afford- those vulnerable populations in that surance plans are barred from dropping able care act have sought to continue State. beneficiaries from coverage simply be- their political battle by challenging This law is misguided. It stifles job cause of an illness; dozens of preventive the landmark legislation in the courts, growth and does not improve health care services must be covered at no right from the moment President care for millions of Americans, and it cost and with no copay; and Americans Obama signed it into law. These oppo- should be wiped off the books. Ameri- will have access to an easier appeals nents seek to achieve in the courts cans are demanding it, Nebraskans are process for private medical claims that what they could not in Congress. They demanding it, and they deserve that. are denied. want judges to override legislative de- Mr. LEAHY. Mr. President, 2 years Yet another major reform now pro- cisions properly assigned by the Con- ago this week, President Obama signed tects hard-working Americans from stitution to Congress, the elected rep- into law the affordable care act. This one of the most egregious insurance in- resentatives of the American people. landmark act will extend health insur- dustry practices: setting lifetime or an- In my view, the partisan legal chal- ance coverage to 30 million uninsured nual limits on health insurance cov- lenges to the affordable care act de- Americans in the next few years. Re- erage. Before this change in the law, pend on legal theories so extreme they form based on good-quality and afford- wherever I traveled in Vermont, I was would not only undo the progress we able health insurance, talked about for often stopped in the grocery store, at have made in the affordable care act decades, is finally becoming a reality. church, on the street, or at the gas sta- for kids, families, and senior citizens, Over 15 months, Congress debated and tion by Vermonters who shared their they would turn back the clock even then passed the most sweeping and personal, wrenching stories about how farther to the hardships of the Great comprehensive reforms to improve the they could no longer get medical treat- Depression. They seek to strike down everyday lives of every American since ment because they had met their an- principles that have been settled for Congress passed Medicare in 1965. It nual or lifetime maximum. Many of nearly three quarters of a century and was an arduous process, but in the end these Vermonters were perfectly have helped us build and secure the so- this achievement proved that change is healthy before being diagnosed with cial safety net through Social Secu- possible and that the voices of so many cancer or diseases that can cost well rity, Medicare and Medicaid. These Americans who over the years have beyond their means for treatment. In- challenges to Congress’s constitutional called on their leaders to act have fi- stead of being able to focus on getting authority to enact the affordable care nally been heard. healthy, patients instead had to worry act have been rejected by three courts. Americans are already beginning to about whether their next doctor’s visit Judges appointed by Republican Presi- see some of the benefits of insurance will push them above the insurance dents and Democratic Presidents have reform. Seniors on Medicare who have company’s arbitrary limit. rejected these challenges, and they high-cost prescriptions are starting to Beginning in 2014, insurance compa- were right to do so. Now the case is be- receive help when trapped within a cov- nies will no longer be allowed to deny fore the Supreme Court, which will erage gap known as the ‘‘doughnut coverage to individuals with pre- hear arguments next week. hole.’’ The affordable care act com- existing health conditions or to charge I have joined congressional leaders in pletely closes the coverage gap by 2020, higher premiums based on health sta- filing an amicus brief defending the af- and the new law makes it easier for tus or gender. We learned in a report fordable care act. I did so not only be- seniors to afford prescription drugs in issued by the National Women’s Law cause I have fought for decades to se- the meantime. In 2010, more than 7000 Center this week that until these re- cure affordable health care for all Vermonters received a $250 rebate to forms are implemented, insurance com- Americans but because I am convinced help cover the cost of their prescrip- panies are continuing to charge women that Congress acted well within the tion drugs when they hit the doughnut higher premiums than men. In States limits of Article I of the Constitution hole. Last year, nearly 6800 Vermonters where this practice is not prohibited, in doing so. Before passing the afford- with Medicare received a 50-percent women can pay substantially more able care act, Congress expressly con- discount on their covered brand-name than men solely because of their gen- sidered and rejected arguments that prescriptions, resulting in an average der. Those who wish to turn back the the law, including the requirement savings of $714 per person. Since the af- clock and repeal the affordable care act that individuals have health insurance, fordable care act was signed into law, threaten to return the American people is not constitutional. I believe we must more than 4000 young adults in to a broken health insurance system defend the enumerated powers given to Vermont have gained health insurance where women can be charged more Congress by the Constitution so that coverage under these reforms, which than men, children can be denied insur- our ability to help protect hard-work- allow young adults to stay on their ance coverage because they were born ing American workers, families, and parents’ plans until their 26th birth- with a health condition, and individ- consumers is not wrongly curtailed by days. The improvements we are seeing uals risk losing their health insurance the courts. in Vermont go on and on: 81,649 solely for getting sick. What is telling about the partisan Vermonters on Medicare and more In addition to these improvements to nature of these challenges is that many than 100,000 Vermonters with private our health insurance system, over time of those who now claim that the re- insurance gained access to and received the affordable care act will insure 93 quirement that Americans have health preventative screening coverage with percent of our population and make a insurance or face a tax penalty is un- no deductible or copay. These are just substantial investment in our eco- constitutional are the very ones who a few of the dozens of consumer protec- nomic vitality in the years ahead. I proposed it. Republican Senators like tions included in the law that are bene- was proud to work with Senator Senator HATCH, the former chairman of fiting Vermonters and all Americans GRASSLEY and others to include strong the Judiciary Committee, and Senator every day. antifraud provisions in the law that GRASSLEY, the ranking member of the Now that the law is in effect, many have already helped prevent and detect Judiciary Committee, proposed a of the essential antidiscrimination and fraudulent activities that in the past health insurance requirement as an al- consumer protections of the affordable have cost American taxpayers millions ternative when they opposed President care act are being implemented, allow- of dollars each year. Despite the spe- Clinton’s plan to provide access for all ing consumers to take control of their cious arguments from opponents of re- Americans to health care. They were own health care decisions. Known as form, this bill is the largest deficit re- for the individual mandate until Presi- the Patients’ Bill of Rights, these rules duction measure upon which many in dent Obama was for it, and now they protect consumers against the worst Congress will ever cast a vote. The are against it. Their views may have health insurance industry abuses that Congressional Budget Office estimated changed, but the Constitution has not. have prevented millions of people from that comprehensive reform will reduce What they fail to mention are the con- receiving the health care they need. the Federal deficit by $143 billion sequences of removing this provision. If Going forward, insurance plans can no through 2019, and by more than $1 tril- individuals are not required to have longer deny children coverage because lion in the decades to come. health insurance, then they will wait

VerDate Mar 15 2010 02:29 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.072 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1991 until they are sick to get coverage, KOWSKI, who spoke of the message we and explained in the committee report, driving up the costs for everyone else need to send so that victims can have which was also filed last week. in the meantime. This will mean that confidence and muster the courage to The provisions that a minority on many of the consumer protections in leave an abusive situation. She spoke the Judiciary Committee labeled con- the law, such as the ban on preexisting about the important commitment we troversial are, in fact, modest changes health conditions, would disappear, make against sexual assault and do- to meet the genuine, unmet needs that once again leaving millions uninsured. mestic violence in this legislation and service providers, who help victims For sake of the health and security of our expanded efforts in rural commu- every day, have told us they des- our Nation, the Supreme Court should nities such as the villages of rural perately need. As every prior VAWA not cast aside this landmark law and Alaska. authorization has done, this bill takes Congress’s time-honored ability to act The Senate heard last Thursday, as steps to recognize those victims whose on behalf of the American people. well, from Senator MIKULSKI, Senator needs are not being served and find The affordable care act is a tremen- MURRAY, Senator HAGAN, Senator SHA- ways to help them. This is not new or dous achievement that will improve HEEN, Senator FEINSTEIN and Senator different. It should not be a basis for the lives of Americans for generations BOXER, the author of a House bill in partisan division. The provisions are to come. For decades, we have heard 1990 that was an important part of this not extreme, and they are not political. heartbreaking stories about the enor- effort. Eight Senators came to the This reauthorization seeks to ensure mous challenges Americans face be- floor to remind us all why this measure that services provided under the Vio- cause they are uninsured or under- is important and that the Senate lence Against Women Act are available insured. With each year that we move should proceed to pass it. for all victims, regardless of sexual ori- forward to implement the features of For almost 18 years, the Violence entation or gender identity. Research the affordable care act, these stories Against Women Act—VAWA—has been has proven that domestic and sexual are becoming fewer and fewer and are the centerpiece of the Federal Govern- violence affects all communities, but being replaced by stories of the success ment’s commitment to combating do- victims of different sexual orientations of these reforms, one family at a time, mestic violence, dating violence, sex- or gender identities have had a more all across Vermont and all across ual assault, and stalking. The impact difficult time obtaining basic services. America. of this landmark law has been remark- There is nothing radical or new about There is still much more to accom- able. It has provided life saving assist- saying that all victims are entitled to plish, and there are still millions of ance to hundreds of thousands of services. This is what the Violence Americans who are struggling to buy women, men, and children, and the an- Against Women Act has always done. or keep adequate health insurance cov- nual incidence of domestic violence has It reaches out to help all victims. As erage for their families or themselves. fallen by more than 50 percent since Senator FEINSTEIN said last week: As these reforms are implemented over the law was first passed. ‘‘[T]hese are improvements. Domestic the next few years, I will continue to Support for the Violence Against violence is domestic violence.’’ work with Vermonters and the Depart- Women Act has always been bipartisan, Domestic and sexual violence against ment of Health and Human Services to and I appreciate the bipartisan support Native women continues to be a prob- help Americans have the access to the that this reauthorization bill has al- lem of epidemic proportions. Just as we quality, affordable health insurance ready received. Senator CRAPO and I in- made strides when we enacted the Trib- that each and every American needs troduced the reauthorization of the Vi- al Law and Order Act two years ago, we and deserves. olence Against Women Act in Novem- can take responsible steps to more ef- I yield the floor. ber. With Senators HELLER and AYOTTE fectively protect Native women. Work- f joining the bill this week, it is now co- ing with the Indian Affairs Committee, sponsored by 61 senators from both we have included a provision to fill a VIOLENCE AGAINST WOMEN ACT sides of the aisle, reaching a critical loophole in jurisdiction in order to Mr. LEAHY. Madam President, I note level of bipartisan support. allow tribal courts jurisdiction over in morning business that the bipar- The Violence Against Women Act is perpetrators who have significant ties tisan Violence Against Women Act re- not about partisan politics. It is about to the tribe in a very limited set of do- authorization now has 61 cosponsors. I saving women’s lives and responding to mestic violence cases involving an In- thank Senator CRAPO for his leadership the scourge of domestic and sexual vio- dian victim on Indian land. This provi- and commend the Senators from both lence. We should consider the bill and sion would allow prosecution of cases parties who came to the floor last week pass it because it is vitally important that currently are simply not ad- to speak about the importance of reau- legislation. The legislation now before dressed, and it would do so in a way thorizing the Violence Against Women the Senate is informed by the experi- that guarantees defendants comprehen- Act. ences and needs of survivors of domes- sive rights. I want to thank Senators MIKULSKI, tic and sexual violence all around the The bill would allow a modest in- MURRAY, MURKOWSKI, KLOBUCHAR, country, and by the recommendations crease in the number of available U HAGAN, SHAHEEN, FEINSTEIN and BOXER of the tireless professionals who serve visas. Law enforcement is authorized for coming to the Senate floor last them every day. It builds on the to request visas for immigrant victims week to express bipartisan support for progress that has been made in reduc- who are helping their investigations. the Violence Against Women Reauthor- ing domestic and sexual violence and These visas are key law enforcement ization Act and to emphasize the im- makes vital improvements to respond tools that allow perpetrators of serious portance of reauthorizing this land- to remaining, unmet needs, as we have crimes to be brought to justice. They mark legislation. I hope that their each time we have authorized and reau- were created in VAWA previously with statements will point the way for the thorized the Violence Against Women bipartisan support. The Department of Senate to act soon to pass this impor- Act. Homeland Security and the Fraternal tant legislation. Our legislation includes key improve- Order of Police strongly support this Senator KLOBUCHAR spoke about her ments that are needed to better serve provision because it serves law enforce- time as a prosecutor in Hennepin Coun- the victims of violence. Because inci- ment purposes. ty, MN, and her efforts to put the focus dence of sexual assault remains high, We all know that while the economy on children’s needs in domestic vio- while reporting rates, prosecution is now improving, these remain dif- lence cases. She spoke about the dan- rates, and conviction rates remain ap- ficult economic times, and taxpayer gers faced by law enforcement and the pallingly low, this reauthorization in- money must be spent responsibly. That loss of a young officer who was killed creases VAWA’s focus on effective re- is why in our bill, we consolidate 13 while responding to a domestic vio- sponses to sexual assault. It also en- programs into four in an effort to re- lence call and who left behind a wife courages the use of new, evidence-based duce duplication and bureaucratic bar- and three young children. methods that can be very effective in riers. The bill would cut the authoriza- We heard from the respected senior preventing domestic violence homicide. tion level for VAWA by more than $135 Senator from Alaska, Senator MUR- The provisions of the bill are described million a year, a decrease of nearly 20

VerDate Mar 15 2010 04:48 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.029 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1992 CONGRESSIONAL RECORD — SENATE March 22, 2012 percent from the last reauthorization. Herb accidentally set off one of the sadly, our country loses more every The legislation also includes signifi- buried mines, and the explosion took day. He answered his country’s call to cant accountability provisions, includ- off his foot in a nearly fatal wound. In serve, and he did so valiantly. Herbert ing audit requirements, enforcement a superhuman act of courage, Herb ig- Verrill undoubtedly deserves every rec- mechanisms, and restrictions on grant- nored the pain and forgot the wound he ognition. ees and costs. had just received. All the 24-year-old Mr. President, at this time I would Our bipartisan bill is the product of lieutenant would think about was the like to ask my Senate colleagues to careful consideration and has wide- safety of his troop. Using the one foot join me in commemorating the service spread support. I have reached out to he had left, Herb directed his men safe- and sacrifice made by 2LT Herbert S. those who have opposed these provi- ly out of the middle of the heated skir- Verrill in World War II on behalf of the sions to work out a time agreement to mish. United States of America and the govern amendments. The Judiciary After the war, Herb returned home to French Republic. Committee passed this bill after con- Kentucky and settled down. He mar- Recently an article appeared in the sidering the amendments offered by the ried, fathered three successful children, Laurel County-area publication the minority. That is what the Senate and found his way back to civilian life. Sentinel Echo. The article highlighted should do. Then we should move for- For the next many years Herb, like the courageous life of Mr. Verrill and ward and pass this important measure many other World War II veterans, reported on the awards bestowed upon with strong bipartisan support. These kept the courage and selflessness he him by the French Republic and the problems are too serious for us to had shown on the battlefield to him- United States in July, 2011. Mr. Presi- delay. We should reauthorize this law self. He sat by quietly and humbly, dent, I ask unanimous consent that now. watching those around him enjoy the said article be printed in the RECORD. This is crucial, commonsense legisla- freedoms and liberties he and many There being no objection, the mate- tion that has been endorsed by more others had made such a great sacrifice rial was ordered to be printed in the than 700 State and national organiza- to preserve. Although Herb had done RECORD, as follows: tions. Numerous religious and faith- his best to move on, the world would [From the Sentinel Echo, Aug. 26, 2011] based organizations as well as our law not forget the great heroism that he LAUREL MAN RECEIVES FRENCH MILITARY enforcement partners have endorsed had shown. HONOR this VAWA reauthorization bill. The Herb received a letter from the Con- (By Nita Johnson) Violence Against Women Act should sul General of France, based in Chi- A local veteran of World War II recently not be a partisan matter. The last two cago, IL, in July of 2011. He had been received two honors for his military service, times the Violence Against Women Act named a Knight of the Legion of Honor one of which is the highest honor bestowed was reauthorized, it was unanimously by the President of the French Repub- by the French government. approved by the Senate. Although it lic, one of the highest awards one can Herbert Verrill of Old Whitley Road was presented with the Knight of the Legion of seems that partisan gridlock is too receive in the country of France. The Honor on behalf of the President of the often the default in the Senate over the letter read: French Republic through the Consul General last couple of years, it remains my My fellow countrymen will never forget of France, based in Chicago. He also received hope working with our Republican co- your sacrifice. Their children and grand- the Distinguished Service Cross for his valor sponsors and if those who have voted children are as proud of your courageous ac- in leading his men away from harm during a for VAWA in the past come forward to tions as can be your own children and grand- battle in France and for directing his com- support it, we can pass our VAWA re- children. This outstanding distinction is the pany to continue an attack, despite being in- highest honor that France can bestow upon authorization with a strong bipartisan jured himself. those who have achieved remarkable deeds Verrill served with the United States majority. for France. It is also a sign of gratitude for Army Company E, 399th Infantry Regiment, Domestic and sexual violence knows your invaluable contribution to the libera- 100th Infantry Division near Reyersviller, no political party. Its victims are Re- tion of France during these difficult times in France, on March 15, 1945. Verrill, a lieuten- publican and Democrat; rich and poor, the history of our nation. ant at the time, was leading his troops young and old, male and female. Let us The award was authorized on July 4, through an attack by enemy forces—through work together and pass strong VAWA 2011. mines and barbed wire—when he accidentally reauthorization legislation without Herb was also recognized by the set off one of the mines. The explosion blew delay. It is a law that has saved count- country whose flag he had worn on his Verrill’s foot off. In spite of the pain and trauma, Verrill kept his fellow comrades and less lives, and it is an example of what uniform in Europe—the United States their safety foremost, and ordered them we can accomplish when we work to- of America. He received the Distin- away from the minefield. He continued to en- gether. guished Service Cross. The letter he re- sure their safety and defense by continuing f ceived from GEN Donald Storm re- to direct the men by hand and arm signals. called the ‘‘indomitable courage and Verrill received the letter from Graham TRIBUTE TO HERBERT S. VERRILL resolution’’ displayed by Herb during Paul, Consul General of France in Chicago, Mr. MCCONNELL. Madam President, the battle in Reyersviller that ‘‘pre- Ill., last month. I rise today to pay tribute to a man vented confusion and consequent cas- ‘‘It is my pleasure . . . to inform you, on who has made a great sacrifice to pro- behalf of the people of France, the President ualties among the men, which made of the French Republic has named you tect and defend the liberties of his be- possible the capture of the objective.’’ Knight of the Legion of Honor for your val- loved United States, and the Republic Herb’s nephew, Randy Stanifer, is in orous action during World War II,’’ the cita- of France as well: 2LT Herbert S. awe of the great sacrifice that was tion reads. ‘‘My fellow countrymen will Verrill of Laurel County, KY. Mr. made by the service men and women never forget your sacrifice. Their children Verrill is a veteran of World War II and during the Second World War. ‘‘The and grandchildren are as proud of your cou- served a tour of duty in Europe in 1945. men from those wars were pre-cell rageous actions as can be your own children Today he is 92 years old and resides on phones and pre-Internet,’’ he says. and grandchildren. This outstanding distinc- tion is the highest honor that France can be- Old Whitley Road in Laurel County. ‘‘They were out in the field and would Mr. Verrill, or ‘‘Herb’’ as many call stow upon those who have achieved remark- go months without hearing from their able deeds for France. It is also a sign of him, served in the U.S. Army, Com- families. They went through many gratitude for your invaluable contribution to pany E, 399th Infantry Regiment, 100th things and when most of them came the liberation of France during these dif- infantry division. Near Reyersviller, home, they didn’t talk about it.’’ ficult times in the history of our nation.’’ France, on March 15, 1945, he com- Randy went on to declare, ‘‘I think The award was authorized through a decree manded a small troop. He was just a we should all pause for a few minutes from the President of the French Republic lieutenant, and at the time he and his and recognize the things they had to go on July 4, 2011. men ventured into the midst of an at- Verrill was also presented with the Distin- through and appreciate their sac- guished Service Cross by the American gov- tack that day. To Herb’s horror, his rifices.’’ ernment for his courageous acts. The cita- unit found themselves trapped in a Herb was extremely pleased to re- tion outlining Verrill’s heroic act reads: maze of barbed wire and landmines ceive both awards. He is one of the few ‘‘The President of the United States of while bullets whizzed around them. remaining veterans of World War II; America, authorized by Act of Congress,

VerDate Mar 15 2010 02:29 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.031 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1993 July 9, 1918, takes pleasure in presenting the Force would later come. At the time, There being no objection, the mate- Distinguished Service Cross to Second Lieu- the Army Air Corps was in need of me- rial was ordered to be printed in the tenant (Infantry) Herbert S. Verrill, United chanics, specifically supercharger me- RECORD, as follows: States Army, for extraordinary heroism in chanics. Superchargers were built onto connection with military operations against [From the Sentinel Echo Silver Edition, Fall an army enemy. plane engines to provide the vehicle 2011] ‘‘The indomitable courage and resolution with more power and speed. The skills WORLD WAR II: TAKING THE LEAD which he displayed prevented confusion and displayed by the young Wilmer Boggs (By Carrie Dillard) consequent casualties among the men, which showed that he was the man for the After 25 years with the United States Post- made possible the capture of the objective. job. al Service, Wilmer Lee Boggs retired as post- Second Lieutenant Verrill’s intrepid actions, Wilmer Boggs, along with the rest of master in 1981. The 89-year-old has worked in personal bravery and zealous devotion to his supercharger class No. 21, grad- banking and the family business, in farm duty exemplify the highest traditions of the uated from the Aviation Institute of machinery and dairy. He’s volunteered for military forces of the United States and re- more than four decades with soil conserva- flect great credit upon himself, the 100th In- Technology in 1943. Based in England, tion and the Gideons. fantry Division, and the United States Wilmer spent the next 7 months going With his natural leadership abilities, Boggs Army,’’ reads the citation. wherever the Corps called him to re- could’ve been a politician like his father, The award was recently presented by Ad- pair, service, stock, and fuel the air- Boyd Boggs, who served as both judge and junct General Donald Storm, who said, ‘‘It is planes. sheriff during his lifetime, but he preferred an honor and privilege to give him the tinkering with tools instead. award. Those soldiers in Afghanistan now Born and raised in Laurel County, Wilmer Boggs had never lived any- It’s why his job in the U.S. Army Air Corps will be the next generation of heroes.’’ suited him perfectly. Boggs was an airplane Verrill is one of the few remaining vet- where else. While he was in the Army engine mechanic, specializing in super- erans from World War II, and although near- Air Corps he traveled through 19 dif- chargers. ly bedfast now at age 92, he was pleased to ferent countries and made sure to hold ‘‘It was pretty fortunate to get to do some- receive the honor. His nephew, Randy onto a little piece of home the entire thing I liked to do.’’ he said. Stanifer, praised his uncle for his valiant time: his dear friend Wilma Vaughn. Boggs was drafted into the military in 1924. contributions to his country, not only during Mr. Boggs had promised Wilma, whom He was 21 years old. wartime but also after returning home from he had met at Sue Bennett College, ‘‘I got a notice to go into London to the the war. draft board. I was expecting in,’’ he said. Verrill, a mere 24 years old while doing his that he would write to her faithfully Although Boggs was drafted into the military service in France, watched the war each month, and that is exactly what Army, his entrance exam quickly showed an rage throughout Europe and made his sac- he did. The two kept up until the sol- aptitude for more, and he was chosen for the rifices like thousands of other servicemen dier returned home in January 1946. Air Corps, a predecessor to the Air Force. and women. ‘‘Herbert came back home, mar- Just 6 months later, in July of 1946, He was supposed to do his basic training at ried and raised three children, all of whom Wilmer went to pick Wilma up from Fort Thomas, Kentucky, but after just a are successful. Herbert and the men from couple of days there, he was selected to go to those wars were pre-cell phones and pre- her house with the idea of marriage in mechanics school. Internet. They were out in the field and the back of his mind. The unsuspecting ‘‘I took a test,’’ he said, ‘‘and they pulled would go months without hearing from their Wilma was no doubt surprised by Wil- me out it. They was needing people to go to families. They went through many things mer’s request. But love prevailed, and mechanics school.’’ and when most of them came home, they later that day the two were wed, and Boggs was then selected to specialize in su- didn’t talk about it,’’ he said. according to Wilmer, ‘‘She was the best perchargers, which gave the airplane engine Stanifer mentioned two other local World wife there ever was.’’ more power, and became a graduating mem- War II veterans, of whom he learned infor- ber of supercharger class No. 21 from the mation about their wartime activities. Wilmer went on to become a post- Aviation Institute of Technology in 1943. ‘‘Vernon Hedrick, who died a few years master in the U.S. Postal Service while During the war, Boggs’s home base was ago, escaped from a German POW camp and Wilma taught elementary school. They England. Boggs has lived his whole life in walked over 100 miles to get away from retired together in 1981. Sadly, his be- Laurel County, except for his time in the enemy lines,’’ he said. ‘‘I didn’t know that loved Wilma passed away in 2011 but service when he traveled to 19 countries, in- until recently. Bill Moore (owner of London not before the two had seen almost the cluding Scotland, Casablanca, Algeria, and Tire until his death) was given his last rites entire western part of the United Russia. on the battlefield. They both survived and ‘‘It was my first time away from home,’’ he came back home, but they didn’t talk about States together. said. He remembers the damp cold of Ireland, these things.’’ Wilmer has spent his 89 years on the beauty of Switzerland, and being bombed ‘‘Herb (Verrill) never talked about any of Earth forging a legacy that is matched out in Russia. (his experience),’’ he continued. ‘‘That gen- by few. His character is upstanding, Supercharger mechanics were scarce. eration has sat back and watched the coun- and he is a man driven by principle. He Boggs said he’d be moved from base to base try do what it’s doing now. I think we should is deeply loved and admired by his fam- as needed. ‘‘Our job was to service the all pause for a few minutes and recognize the ily, and he is greatly respected by planes, put bombs in them, fuel them up and things they had to go through and appreciate repair them,’’ he said. their sacrifices.’’ those who know him. It is men like At his highest rank, he was a sergeant. Wilmer whom we can all look up to. f ‘‘That’s the highest I wanted to go,’’ Boggs Underneath the loyalty and service he said. ‘‘If you went any higher, you had more TRIBUTE TO WILMER LEE BOGGS has shown his country in its time of responsibility.’’ In total, Boggs was in the Air Corps for 38 Mr. MCCONNELL. Madam President, need, there is a deep and humble appre- months, spending seven months overseas. I rise today to pay tribute to a man ciation for his fellow man and local community, which he has conveyed During his time across the ocean, he’d who has not only valiantly served his write home to family and to an ‘‘acquaint- country but has also been a devoted throughout his lifetime. ance,’’ Wilma Vaughn. husband and a loving father and grand- Mr. President, at this time I would Boggs met Wilma, who would later become father, Mr. Wilmer Lee Boggs of Laurel like to ask my Senate colleagues to his wife, while he was attending Sue Bennett County, KY. Mr. Boggs served in the join me in commemorating Mr. Wilmer College, but the first time he saw her was at U.S. Army Air Corps for over 3 years, Lee Boggs for his upstanding character Lily High School. Boggs went to school at and upon returning home he contrib- and devoted service to country and Lily for 15 weeks before transferring to Hazel Green, but he would remember Wilma. uted to the Nation in a different way, community throughout his prosperous ‘‘I don’t think I even spoke to her then,’’ by serving with the U.S. Postal Service lifetime. he said, ‘‘but that was the first time I saw for a quarter of a century. An article was published in the Sen- her.’’ Wilmer was drafted into the U.S. tinel Echo Silver Edition in the fall of Although they were not dating at the time, Armed Forces in 1942. He was 21 years 2011. The story observed the phe- Boggs said he would write her faithfully once old. Shortly after receiving glowing nomenal life and times of Wilmer Lee a month. scores on his entrance exam, he was Boggs and his dedication to the U.S. ‘‘I couldn’t tell (her) much about what I was doing,’’ he said. Although Boggs went pulled out of basic training in Ft. Postal Service, the U.S. Army, and his overseas on a ship—the Queen Mary—he Thomas, KY, after only a few days and local economy. Mr. President, I ask came back in a boat one-third of the size. transferred to the Air Corps, the Army unanimous consent that said article be ‘‘I was seasick,’’ he said. After their depar- service division from which the Air printed in the RECORD. ture, they encountered a storm and were

VerDate Mar 15 2010 04:48 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.013 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1994 CONGRESSIONAL RECORD — SENATE March 22, 2012 forced to wait it out. ‘‘For 17 days, we didn’t an Ohio Class ballistic missile sub- comity in the Senate. She brings a move, just rocked. Everyone was sick.’’ marine. During this tour he started a sense of civility and a sense of humor Upon leaving military service, he made Namesake State school partnership to this institution at a time when both short work about marrying Wilma Vaughn. with Raceland Elementary School near are sorely needed. ‘‘I came home in January 1946. We were married in July 1946.’’ Ashland. Through this program, which Women senators fondly know Sen- On the day that would end up being his continues to thrive, he coordinated ator MIKULSKI as their Dean. She hosts wedding day, Boggs asked to borrow his fa- several visits for the crew of the Ken- regular bipartisan dinners for them and ther’s Chevy. He didn’t have a car at the tucky to work on humanitarian is a trusted mentor. She understands time. He drove over to Wilma’s house and projects in the Commonwealth. Chip’s that while many of us come to Con- picked her up. efforts led to his nomination and selec- gress with competing goals, at the end ‘‘She didn’t know we was going to get mar- tion to the Honorable Order of Ken- of the day, we are colleagues. We have ried until I picked her up,’’ Boggs said. ‘‘She to work together. Unless we can affirm was the best wife there ever was. A real tucky Colonels in 1996, an organization Christian woman.’’ with which he remains active. our bonds as colleagues and fellow hu- The couple’s first car was a ’36 Ford they Captain Jaenichen’s naval career mans, the work we are tasked with by bought in 1947. They’d been married for six began in 1978 with an appointment to the American people will not get done, months and needed a car because Wilma was the U.S. Naval Academy from Rep- and the public interest will suffer as a teaching school. resentative William Natcher. Upon result. Boggs said it seems odd by today’s stand- graduation, he was commissioned as a Senator MIKULSKI’s remarkable ca- ard that you’d have to buy a nearly decade- submarine officer and spent the major- reer continues to inspire women across old car, but that’s the way it was back then. ity of his career on sea duty. He honor- our country on the nobility of public ‘‘You couldn’t get a car back then, new or used. We were lucky to get that one,’’ he ably served on four different sub- service and the ability for one person said. marines before assuming the role of to bring about positive change in the While at Sublimity Elementary, Wilma re- Executive Officer aboard the USS Ken- lives of others. It is a pleasure to serve tired from teaching in 1981, the same year tucky. After three strategic deterrent beside her, and I wish her my very best Boggs retired from the post office, in order patrols with the Kentucky, Captain for many more productive years here in to travel. Before Wilma’s passing earlier this Jaenichen assumed command of the the Senate. year, the two had seen most of the western USS Albany. Captain Jaenichen served Mr. BENNET. Madam President, United States together. the final 2 years of his career with the today I want to honor Senator BAR- Boggs enjoys woodworking, having built BARA MIKULSKI, who has represented his home in the Sublimity area. He keeps his Navy’s Legislative Affairs office here family close, as a majority live just a stone’s in Washington. the people of Maryland for more than throw away, including his daughter, Libby I thank Captain Jaenichen for his 30 35 years, and who earlier this week be- Smallwood. years of loyal service to this Nation. came the longest-serving female Mem- He has three grandchildren and two great- He has made a lasting and significant ber of Congress. Senator MIKULSKI is a granddaughters. contribution to the United States Navy fighter, a fearless leader and a role f and our Nation. I wish him and his model for women and young girls ev- TRIBUTE TO ‘‘CHIP’’ JAENICHEN family all the best as they begin this erywhere, including my three daugh- new chapter in their lives. ters, Caroline, Halina and Anne. Mr. MCCONNELL. Madam President, f During the course of her distin- I rise today in honor of Captain Paul guished career, Senator MIKULSKI has ‘‘Chip’’ Jaenichen, United States Navy, TRIBUTES TO SENATOR BARBARA been an incredibly effective advocate, who is retiring this month after three MIKULSKI and in particular has taken a leader- decades of dedicated service to our Mr. LIEBERMAN. Madam President, ship role in mentoring other women as great Nation. Captain Jaenichen has I rise today to join my colleagues in they follow in her footsteps to the halls spent the last 2 years of his career congratulating Senator BARBARA MI- of Congress. She has represented Mary- serving the U.S. Congress as the Navy’s KULSKI from Maryland on becoming the land exceptionally well—on issues Deputy Chief of Legislative Affairs. In longest-serving woman in the history ranging from civil rights and the envi- this role, Captain Jaenichen main- of Congress. Senator MIKULSKI has thus ronment, to issues affecting working tained oversight of the Navy team that reinforced her distinctive mark on this families and our criminal justice sys- provides Members and committees of institution and her unmistakable place tem. Congress with information concerning in our Nation’s history. Tracking Senator MIKULSKI’s career the programs of the Department of the Those who have worked beside Sen- is also a good way to follow the Navy. ator MIKULSKI know her to be a dy- progress of women in our country. Captain Jaenichen’s Kentucky roots namic force of nature. While she is not When first elected to Congress for run deep. He spent his formative years the tallest senator, she reaches the Maryland’s 3rd district in 1976, Senator in Brandenburg, graduating from greatest heights with her strong prin- MIKULSKI was one of 21 women serving Meade County High School in 1978. ciples, indomitable spirit, and steely in Congress. Today there are 92 women During his senior year he was selected resolve. serving, thanks in large part to the as one of 50 football players from From the neighborhoods of east Bal- trailblazing efforts of Senator MIKUL- across the Commonwealth to play in timore to the Halls of Congress, she SKI. the 1978 East-West All-star game. has spent her career in the political Through her work in an array of Chip’s wife Paula was born in trenches fighting for others—for roles, from the women’s amendment in Morganfield, grew up in Louisville and women, for working Americans, and for the Affordable Care Act to her leader- later attended Meade County High her beloved Maryland. Senator MIKUL- ship on the Senate Subcommittee on School with him. After her graduation SKI has been a practical leader for bet- Children and Families, Senator MIKUL- from Western Kentucky University, ter women’s health care. She fought to SKI is known as a coalition builder. Paula and Chip were married in Bran- have women included in clinical trials This role has led her to cultivate per- denburg. The couple then moved to and medical research at the National sonal and professional partnerships Louisville, where they lived until he Institutes of Health and helped estab- among the members of the Senate. began the Nuclear Training pipeline. lish federal standards for mammo- Likely some of the country’s most im- Their daughter Rachael attended Mur- grams. portant work is done during the bipar- ray State University and is now an Her impact is not only felt in the tisan dinners she frequently hosts for English teacher at Reidland High lives of those she serves, but also in her her female Senate colleagues. School in Paducah. Chip and Paula’s relationships with those she serves I am proud that my first vote as a son Nathan currently serves as a Ma- with. At this time in our politics when Senator in January 2009 was in favor of rine Corps pilot. the partisanship pulls us apart, when one of Senator MIKULSKI’s bills, the Chip was able to pay homage to his tribal instincts have coarsened our dis- Lilly Ledbetter Fair Pay Act, which Kentucky heritage in his career as the course and weakened our bonds, Sen- guarantees women equal pay for equal Executive Officer of the USS Kentucky, ator MIKULSKI is a unifying force of work. And I have thoroughly enjoyed

VerDate Mar 15 2010 02:29 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.014 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1995 working with her in the Senate HELP to improve, sustain, and transform the story. Bemidji is a town of about 14,000 Committee on Elementary and Sec- United States Postal Service, dated people in northern Minnesota and ondary Education Act reauthorization March 22, 2012. might not be the first place you would and passage of the Affordable Care Act. I ask unanimous consent that a let- think of as being a hotbed for start-up I look forward to continuing to work ter of March 20, 2012, sent by myself to investment. But you would be wrong. with Senator MIKULSKI on these and Majority Leader REID, be printed in the Three entrepreneurs there, Tina, Bud other important issues in the Senate. RECORD. and Tim, harnessed the power of the March is Women’s History Month, There being no objection, the mate- Internet and the crowd-sourcing and I can think of no better time to rial was ordered to be printed in the website Kickstarter to raise over honor and reflect on what Senator MI- RECORD, as follows: $17,000. With that money, they are KULSKI’s work has meant to the United U.S. SENATE, opening a micro-brewery—the Bemidji States Senate and to her constituents WASHINGTON, DC, Brewing Company. in Maryland. Let us follow the leader- March 20, 2012. Two hundred and fifty individuals ship of Senator BARBARA MIKULSKI and Hon. HARRY REID, contributed to their efforts—about half continue to fight for a better America. Majority Leader, U.S. Senate, of them were friends and family, and Mr. WARNER. Madam President, I Washington, DC. half of them were strangers. Many con- DEAR SENATOR REID: I write to notify you tributors gave $20—and in return, want to join my colleagues in today’s that I am putting a hold on S. 1789, the Post- well-deserved accolades for my friend, al Reform bill, dated March 20, 2012. I will Bemidji Brewing is sending them a bot- BARBARA MIKULSKI. submit a copy of this notice to the Legisla- tle opener and decal, and will carve The other day, as often happens to tive Clerk and the Congressional Record their name into the walls of the future most of us here, I found myself tempo- within 2 session days and I give my permis- brewery. Bemidji Brewing hopes to rarily waylaid by an informal scrum of sion to the objecting Senator to object in my have batches out to local establish- reporters in one of the Capitol hall- name. ments this summer. ways. And, unknown to me, I was While I absolutely agree that the United This is an amazing story. And there States Postal Service (USPS) must be re- are thousands of others just like it. I blocking Senator MIKULSKI’s path. She formed to meet the country’s needs in the made me aware of that fact in her dis- 21st Century, I must object to moving for- support efforts to promote these types tinctive and typically endearing way: ward on consideration of this legislation of crowd-sourced endeavors. But we ‘‘Hey, Tall and Lanky—make way for while the USPS continues a rushed study to don’t need H.R. 3606 to produce more Short and Stocky!’’ she said. close a needed mail processing center on the success stories like Bemidji Brewing. But it is not just that humor and Eastern Shore of Maryland. Making matters Instead, we need a balanced approach— good nature that makes BARBARA MI- worse, USPS plans no public hearings and no one that limits investor risk and keeps KULSKI such a great colleague and opportunity for written comment in this our markets transparent and stable. friend. As a resident and colleague study process. This is totally unacceptable. When the public has the opportunity to The half a million residents who live on from an adjoining State, I respect all the Eastern Shore and rely on the mail serv- contribute to start-up businesses, they she has done at the local level, in the ice must have a voice in this process. These should be aware of the risks—what are U.S. House and now in the Senate, to residents include farmers, small businesses they getting in return for their money? move the National Capital Region for- and a significant rural and elderly popu- Investing in securities comes with ward in terms of the regional ties that lation that relies heavily on mail delivery risks, but those risks are balanced with join together this special region where for life saving medications, daily news- SEC requirements to provide full infor- we live and work. papers, and important business documents. mation and investor disclosure. You see, Virginia and Maryland share The Easton area mail processing center is H.R. 3606 just has too many problems. the only mail processing center on the East- H.R. 3606 opens the door for large com- more than just a common border. Our ern Shore of Maryland and its ongoing oper- two States are home to hundreds of ation is critically important to the economy panies to more easily cook their books. thousands of hard-working and under- of the shore. Relaxing delivery standards by It lets companies with tens of thou- appreciated Federal workers and retir- moving mail processing from Easton to Dela- sands of shareholders evade SEC over- ees. Our States share safety and fund- ware is simply not a practical or sustainable sight. It eliminates provisions to pre- ing concerns related to Metro. We each option. vent conflicts of interest in company have a shared responsibility in our My constituents have a right to be heard, research that contributed to the dot stewardship of the Chesapeake Bay. they have a right to maintain the standard com bubble. There are so many of delivery service that they currently re- downsides and dangers to H.R. 3606 that Maryland and Virginia also share ceive, and they deserve a fair and trans- world-class NASA facilities on the parent process for decisions about the Eas- it will destroy more jobs than it cre- Eastern Shore. ton area mail processing center. ates. As a friend, I appreciate her leader- I’m grateful for your leadership, and I look The INVEST In America Act, how- ship role in helping this first-time leg- forward to working with you to ensure that ever, promotes the same ideas con- islator—and recovering former Gov- the Postal Service remains financially sol- tained in H.R. 3606—providing for in- ernor—make the sometimes difficult vent and ready for the 21st Century. But I vestment opportunities for small busi- adjustment to this body. As the father must object to consideration of S. 1789 while ness start-ups, easing the regulatory this issue remains outstanding and I grant burden for emerging companies—but of three daughters, I am grateful for permission for you (or your designee) to ob- the doors Senator MIKULSKI has ject in my name. does so in a way that protects investors opened—and sometimes kicked-open— Sincerely, and our markets. for young women. BARBARA A. MIKULSKI, Don’t take it from me—take it from Senator MIKULSKI truly is a force of United States Senator. securities law experts. I have heard nature. She is tough, focused and ex- f from Richard Painter, a professor of tremely effective. And as these corporate law at the University of Min- THE INVEST ACT testimonials demonstrate, Senator MI- nesota, a former Associate Counsel to KULSKI is widely respected and loved by Mr. FRANKEN. Madam President, I President George W. Bush, and Chief current and former members of this would like to discuss the votes that we White House Ethics Lawyer from 2005 body. have taken over the last few days. to 2007. Here is what he said about this I am pleased to join these colleagues Tuesday, along with 54 of my col- debate: in thanking Senator MIKULSKI for her leagues, I voted in support of the IN- I strongly support these amendments to service, her leadership and her friend- VEST In America Act as a substitute the JOBS Act. Reckless and fraudulent con- ship. for H.R. 3606. In fact, I was an original duct in connection with the offer and sale of securities is a large part of what got us into f cosponsor of the INVEST In America Act because it strikes the right balance our present economic difficulties. Lowering INTENT TO OBJECT the bar for the offer and sale of risky securi- between promoting entrepreneurship ties to the public is no way to get us out. If Ms. MIKULSKI. Madam President, I and protecting investors. Congress changes the securities laws at all in intend to object to proceeding to the But before I go into a long expla- this Act, these amendments should be in- 21st Century Postal Service Act, a bill nation, I would like to begin with a cluded.

VerDate Mar 15 2010 04:48 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.036 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1996 CONGRESSIONAL RECORD — SENATE March 22, 2012 The current Chairman of the SEC, that it would ‘‘undermine market Constitution and adhere to the rule of Mary Schapiro, has said that one com- transparency, roll back important in- law or will we succumb to force and the ponent of H.R. 3606 is ‘‘so broad that it vestor protections, and, if investors be- whims of the moment? would eliminate important protections have rationally, drive up the cost of Will the law be supreme and will the for investors in even very large compa- capital for the small companies it pur- Constitution endure or will politics nies.’’ Former SEC Chairman Arthur ports to benefit.’’ prevail? Levitt went much further, calling H.R. All of these voices—from Minnesota This is a choice that Americans and 3606 ‘‘a disgrace’’ and the ‘‘most inves- and across the country—shaped my po- public officials face every day. tor-unfriendly bill that I have experi- sition on these bills. That is why I sup- But some moments present this enced in the past two decades.’’ Lynn ported the INVEST In America Act. choice in bolder terms. And the legal Turner, former Chief Accountant at That is why 55 Senators voted in favor challenge to the President’s health the SEC said, ‘‘It won’t create jobs, but of it. The INVEST In America Act also care law is one of those moments that it will simplify fraud.’’ included reauthorization of the Export- present a stark choice. And this is what Mike Rothman, the Import Bank, which has supported al- Will we support the Constitution or Commissioner of Minnesota’s Depart- most $1.2 billion in export sales in Min- will we throw in with the passing wish- ment of Commerce, had to say: nesota over the last 5 years, and well es of temporary majorities? Too many Minnesotans have suffered too over half of those exporters are small That is the choice that we as Ameri- long from unemployment. With nearly businesses. That is a lot of jobs in Min- cans face and that the Supreme Court 170,000 Minnesotans out of work, our State’s nesota. will face when it hears oral arguments highest priorities are supporting economic We have made some improvements to on this case next week. and business growth and creating jobs. The this bill. The amendment passed in the There are a number of issues before Jobs bill passed recently by the U.S. House Senate is better than the language in the Court, but at the top of the list is of Representatives strives to achieve much- the constitutionality of the individual needed job growth, but contains unwarranted the House bill. But it still leaves too reduction in significant investor protections. many opportunities for harm. Here is mandate. The Minnesota Department of Commerce the bottom line: I strongly support en- Like many critical constitutional works to prevent securities fraud. Last year, trepreneurs, I support innovation, and questions that come before the Amer- the Commerce Department registered over I support job creation. The INVEST In ican people, particularly those of first 7,000 new licenses to broker dealers, agents, America Act struck the right balance impression, it often takes some time and investment advisers and has over 125,000 between promoting jobs and entrepre- for a consensus to emerge. individuals and entities currently licensed. neurship while preserving the integrity The answer is not always imme- Through our State registration process, we diately clear. But through public dia- work to ensure that those selling securities that our markets have historically en- and advising consumers about securities are joyed. logue and argument, the constitu- both knowledgeable and capable. This essen- American public companies have ben- tionality of these actions comes into tial level of oversight helps ensure basic pro- efited from the lowest cost of capital in greater focus. tection of Minnesota investors and con- the world, and this is because of the That is what happened with sumers. low risks associated with investing in ObamaCare’s individual mandate. As The House version of the Jobs bill threat- transparent, well-regulated markets. the implications of this sweeping exer- ens to unravel what years of experience America is a great place to invest be- cise of Federal power became clear, the teaches us is required to protect investors by American people’s initial hesitation curtailing state oversight and, in the inter- cause the entire world has confidence est of protecting our State’s capital market, in our markets. If H.R. 3606 increases about this provision solidified into an I urge you to support the substitute amend- fraud, or even just investment losses, enduring bipartisan consensus that ment. Working together, we can make every this bill runs the risk of backfiring this mandate violates our constitu- reasonable effort to create jobs while safe- completely—decreasing investor con- tional commitment to limited govern- guarding the need for basic and essential fidence and ultimately increasing the ment. measures of consumer protection. cost of doing business. And this will ul- The American people came to under- That is from Minnesota’s Depart- timately destroy jobs, not create them. stand that if the individual mandate is ment of Commerce, the primary watch- In the end, I couldn’t support H.R. permissible, then anything is permis- dog for securities in the state of Min- 3606 for all those reasons. It is a bill sible. nesota. that is going to enable fraud, a bill If the individual mandate is allowed Minnesota’s AARP State President, that turns our securities market into a to stand, then there are no effective Dr. Lowery Johnson, summarized the lottery game, and a bill that will lead limits on the Federal Government. issues this way: to many Minnesotans, especially sen- And if there are no limits on the Fed- Older Americans who have saved their en- iors, losing their hard-earned savings eral Government, then our constitu- tire lives by accumulating savings and in- and investments. tional liberties are in jeopardy. vestments are disproportionately rep- The American people came to under- resented among the victims of investment f stand that the question about the indi- fraud. This legislation before the Senate un- HEALTH CARE vidual mandate runs far deeper than dermines vital investor protections and any debate about health care. They un- Mr. HATCH. Madam President, in de- threatens market integrity. Older Minneso- derstand that the mandate presents us tans deserve safeguards that ensure proper fending the Constitution and arguing with a pivotal question. oversight and investor protection. for its ratification, Alexander Ham- Will we maintain the Constitution as We must not repeat the kind of penny ilton stated plainly in the first of the our supreme law, one which puts effec- stock and other frauds that ensnared vulner- Federalist Papers the challenge and able investors in the past. The absence of tive limits on the powers of the Federal the promise of American democracy. adequate regulation in the past has under- Government, or will we abandon the He explained: mined the integrity of the markets and dam- Constitution bequeathed to us by our aged investor confidence while having no It has been frequently remarked that it Founding Fathers and, instead, accept seems to have been reserved to the people of positive impact on job creation. Please pre- a new constitutional order where the serve essential regulations that protect older this country, by their conduct and example, investors from fraud and abuse, promote the to decide the important question, whether only restraints on the Federal Govern- transparency, and ensure a fair and efficient societies of men are really capable or not of ment are those it deigns to place on marketplace. We believe the amendment to establishing good government from reflec- itself? be offered by Senators Reed, Landrieu and tion and choice, or whether they are forever The American people—and certainly Levin moves closer to achieving this balance destined to depend for their political con- the people of Utah—have made clear at and deserves your support. stitutions on accident and force. every opportunity their deep skep- I have also heard from other con- The challenge identified by Hamilton ticism about the individual mandate. sumer groups from around the country. and our Founding Fathers remains Presidential candidate Barack The Consumer Federation of America with us today. Obama understood these concerns supports the INVEST In America Act, Will American citizens and will our about the individual mandate. The and cautions against H.R. 3606, noting political institutions maintain our media noted during the Presidential

VerDate Mar 15 2010 03:02 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.041 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1997 campaign that while then-Senator Hil- Our Constitution is one of limited would be harmed by the employer man- lary Clinton’s plan would require all powers. The powers of Congress are few date, new regulations, and half a tril- Americans to purchase health insur- and enumerated. Yet if this mandate is lion dollars in taxes and penalties im- ance, then-Senator Obama declined to allowed to stand, then there are effec- posed by ObamaCare. go down that road. tively no limits on the Constitution And as could be expected from such a One writer predicted that an eco- any longer. top-down, Washington-centered ap- nomic mandate requiring Americans to Something has to give. proach, businesses have been less than purchase a particular product ‘‘would Either this mandate will stand or our eager to take up this complex credit. give the inevitable conservative oppo- Constitution will stand. The administration claimed that 4 mil- sition a nice fat target to rally But both cannot survive this litiga- lion small businesses would use this around.’’ tion. credit. Yet according to a report from That nice fat target was an histori- The Eleventh Circuit got it right in the Treasury Inspector General, after 2 cally unprecedented expansion of Fed- its analysis of this law. This is what years, only 309,000 taxpayers, or 7 per- eral power in violation of the Constitu- they concluded: cent of qualified entities, have claimed tion’s commitment to limited govern- Economic mandates such as the one con- this credit. ment. tained in the Act are so unprecedented, how- But as bad as ObamaCare’s policies Unfortunately, President Obama put ever, that the government has been unable, are—confusing benefits, heavyhanded the politics of health care reform over either in its briefs or at oral argument, to mandates, and enormous economic any concerns about the constitu- point this Court to Supreme Court precedent costs for families and businesses—it is tionality of the individual mandate. that addresses their constitutionality. Nor the profound unconstitutionality of the This is how the journalist Ron Sus- does out independent review reveal such a precedent. law that remains paramount in the kind explained the President’s conver- minds of most Americans. sion: The partisan supporters of Next week, almost 2 years to the day Obama, never much for the mandate, was ObamaCare will say that this is just after ObamaCare became law, the Su- concerned about legal challenges to it but the opinion of a conservative court. preme Court will consider arguments was impressed by DeParle’s coverage num- But it is also the opinion voiced by in this historic case. bers. Without the mandate, the still-sketchy the liberal writer Timothy Noah as far I am confident that when the dust Obama plan would leave twenty-eight mil- back as 2007. lion Americans uninsured; with the mandate, settles, our Constitution will emerge And there is some evidence that it standing and strong. the estimates of the number left uninsured was the opinion of Senator Obama were well below ten million. And I am equally confident that the when he declined to endorse a sweeping American people will have the last And so he made his decision. individual mandate when running for The President of the United States word on those politicians who chose to President. look the other way, rather than ac- takes an oath to support and defend But once elected, President Obama the Constitution. As a candidate, and knowledge the deep constitutional put politics first. In the interest of su- shortcomings of this unprecedented in- as President, it appears that President percharging the welfare state and pass- Obama was aware of the constitutional trusion on the liberty of America’s ing his signature legislative initiative, citizens and taxpayers. concerns with the individual mandate. he put aside any concerns with the in- But like his progressive forebears, he f dividual mandate and endorsed this un- put his policy desires before the long- precedented regulation of individual ADDITIONAL STATEMENTS term integrity of our Constitution. decisionmaking. Fortunately, the American people The President should have stuck were not so quick to put the Constitu- with his original position. TRIBUTE TO DR. ED COULTER tion second. ∑ Along with a number of my col- Those who defend the constitu- Mr. BOOZMAN. Mr. President, today leagues here in the Senate, I made the tionality of the individual mandate I wish to honor Dr. Ed Coulter, who is case for the mandate’s unconstitution- make an astounding claim—that the retiring from his position as Chancellor ality a priority. decision not to buy something, in the of Arkansas State University Mountain On the first day of the Senate Fi- aggregate, substantially affects inter- Home (ASUMH) after 16 years of serv- nance Committee’s markup of what state commerce. Those who defend this ice and a lifetime of dedication to high- would become ObamaCare, I raised position stand for the proposition that er education. doubts about the constitutionality of the Federal Government can regulate Dr. Coulter devoted his life to edu- the individual mandate. your decision not to do something, cation and began his career serving as Those doubts were dismissed. that it can regulate not just economic a public school principal for 3 years. He I offered an amendment that would activity but economic inactivity, and spent the next 25 years working at have provided for expedited judicial re- that Congress can regulate not just Ouachita Baptist University as an as- view of any constitutional challenges physical activity but mental activity. sistant to the President and Vice Presi- to the legislation. If Congress can do these things, Con- dent for Administration before joining That amendment was ruled out of gress has no limits. ASUMH as Chancellor in 1995. order. A Constitution that creates a limited In his 16 years at ASUMH, Dr. But the constitutional concerns with Federal Government has been trans- Coulter expanded the campus from a this mandate would not be buried. formed into a Constitution that gives small community college into the in- The people of this country would get plenary, and unconstrained, power to novative institution it is today. His en- their say on this sweeping assertion of the Federal Government. thusiasm and leadership made him a Federal power, one far in excess of any- This is not only something that the very effective fundraiser which re- thing the Founders contemplated. American Founders worked hard to sulted in the expansion of facilities on My State of Utah helped to lead the prevent, but it is something that con- the 140-acre campus. Under his watch, way, signing on as an original plaintiff temporary Americans continue to re- the $24 million, 65,000 square-foot Vada in the litigation that is now before the ject. Sheid Community Development Center Supreme Court. And I was honored to There are many reasons to oppose was built, which has become an icon to work with the Republican leader, my ObamaCare. Today, the administra- the campus and community alike. friend and colleague, Senator MCCON- tion’s allies are touting the benefits of Along with his commitment to edu- NELL, in developing friend-of-the-court the law for small business. This is cation, Dr. Coulter has worked with briefs filed at the trial level, at the ini- laughable. numerous professional associations. tial appellate level, and now before the The administration promised that His roles have included serving as a Supreme Court. ObamaCare’s small business credit Chair of the American Association of Putting aside all of the precedents, would help more than 4 million small Community Colleges Board of Direc- this really is a matter of simple logic businesses. This was a pretty paltry tors, American Cancer Society Board and common sense. concession to the businesses that of Directors, Arkansas State Chamber

VerDate Mar 15 2010 03:02 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.050 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S1998 CONGRESSIONAL RECORD — SENATE March 22, 2012 of Commerce Board of Directors, and TRIBUTE TO LTC DAREN S. would also like to wish her a happy was corporate board member of the SORENSON birthday. As a proud alumnus of UW- Baptist Medical Center System. He ∑ Mr. HELLER. Mr. President, it is my Madison, it is an honor to congratulate currently serves on the Board of Direc- privilege to recognize LTC Daren S. Dean Douthitt on her outstanding and tors of First National Bank and is a Sorenson, an extraordinary American, exemplary service at UW over the member of the Mountain Home Rotary whose heroic acts to defend his country years. For the past 12 years, Dean Douthitt Club. and fellow servicemembers has earned has given her unwavering commitment I congratulate Dr. Ed Coulter for his him a second Distinguished Flying to students, faculty, staff, campus, the outstanding achievements in education Cross, DFC. The State of Nevada and community, and the State. She began and I ask my colleagues to join me in the U.S. Air Force are proud to com- as a professor in the Consumer Science honoring his accomplishments. I wish mend Lieutenent Colonel Sorenson for Department, was appointed interim him continued success in his future en- all of his accomplishments. dean of the School of Human Ecology deavors and I am grateful for his years I am grateful and humbled to honor of service and leadership to Arkansas.∑ in 1999, and was named dean in 2001. Lieutenant Colonel Sorenson for his She will be leaving a legacy of courage dedication and sacrifice to this Nation. f and visionary leadership. Dean He has been deployed seven times and Douthitt has been called the ‘‘People’s served as the deputy mission com- Dean’’ because she is always approach- TRIBUTE TO GEORGE MOSES mander during the first preemptive able and has touched the lives of many ∑ Mr. CASEY. Mr. President, today I strike on the inaugural night of Oper- of her colleagues and friends. wish to congratulate George Moses of ation Iraqi Freedom in 2003. During Dean Douthitt made countless con- Pittsburgh, PA, on his selection by the this combat operation, Lieutenant tributions to the University of Wis- National Low Income Housing Coali- Colonel Sorenson earned his first DFC consin during her service. She founded tion for the Cushing Niles Dolbeare for targeting and assisting the destruc- the UW Women’s Faculty Mentoring Lifetime Service Award. Mr. Moses has tion of an armored unit of the Iraqi Re- Program that has led to the univer- dedicated his life to helping others and publican Guard. Not only has Lieuten- sity’s retention of female faculty and this award serves as recognition of a ant Colonel Sorenson been recognized has become a model for other univer- lifetime of service to those in need. for this prestigious award once, but he sities. She helped establish the Nancy Mr. Moses’ life has been one of serv- received his second DFC during his de- Denney House, a cooperative under- ice, perseverance, and leadership. He ployment to Afghanistan for air sup- graduate residence for single parents served his country as a soldier in the port in Operation Enduring Freedom. and their children. In recognition of United States Army from 1963 until his On May 25, 2011, during an operation her teaching and publishing extensive honorable discharge in 1965. He then re- in Eastern Afghanistan, Lieutenant research on women’s unpaid work and turned to work in Pittsburgh, includ- Colonel Sorenson implemented tech- its social value, Dean Douthitt has ing as a laborer in the city’s steel niques and strategies learned at Ne- been named a Vaughan Bascom Pro- mills. In 1990, his life underwent a sig- vada’s Nellis Air Force Base to defend fessor of Women and Philanthropy and nificant change. Following a major sur- and save the lives of nearly 50 coalition a Vilas Associate in the Social gery, he was unable to climb stairs and members. Lieutenant Colonel Soren- Sciences. as a result moved into an apartment in son’s valiant aeronautic techniques Her contributions at UW do not stop the East Liberty section of Pittsburgh. drew away opposing fire and enabled there. Dean Douthitt served on the UW Mr. Moses took a leadership role, work- air controllers and ground forces to lo- Athletic Board, chairing its Academic ing to help his fellow residents, and to- cate combatants and defeat the enemy. Affairs Committee, and representing gether with them founding an organi- His devotion to duty in the face of per- UW faculty to the Big Ten. She has zation called the Federal American Co- ilous flying conditions is admirable been honored on the School of Human alition of Tenants, which focused on and maintains the highest standards Ecology’s Roster of 100 Women—Wall educating residents to fight for fair and and traditions of the U.S. Air Force. of Honor, in recognition of her con- equal housing practices. As America’s oldest military avia- tributions to family, community, and Mr. Moses has continued his work on tion award, the DFC was created by her embodiment of the school’s mission behalf of low-income residents to this Congress more than 85 years ago to to improve the quality of human life. day. His leadership and advocacy were award individuals for acts of heroism In addition, Dean Douthitt provided vi- instrumental in assisting hundreds of or achievement in aeronautics. I ap- sion in leading a successful $52 million people who lived in Pittsburgh’s plaud Lieutenant Colonel Sorenson for effort to renovate the School of Human Northside avoid eviction. When a HUD- earning this prestigious award twice Ecology’s historic 1914 building and Assisted rental housing development during his service. His continuous acts build a new addition to ensure the tried to evict many of its residents, Mr. of bravery are a testament to his com- school’s continued presence at the fore- Moses stepped in and helped to orga- mitment to the United States. front of education, research, creative nize the Northside Coalition for Fair Today, we commend Lieutenant scholarship, and outreach in the 21st Housing. The Northside Coalition’s ac- Colonel Sorenson’s acts of valor and century. tions were successful in helping keep the continuous sacrifices made by all On behalf of my constituents from many of the residents in their homes, of our servicemembers to ensure the the great State of Wisconsin, we say a and to this day, the Northside Coali- safety and security of our Nation. We heartfelt thank you and happy birth- tion helps to manage the properties owe them and their families a great day to Dean Robin A. Douthitt. We and provide social services to the resi- deal of gratitude for their personal sac- wish her all the very best in her future dents. rifices. I am proud to join the citizens endeavors.∑ For the past 12 years, Mr. Moses has of Nevada in recognizing Lieutenant f Colonel Sorenson’s accomplishments. I been a strong advocate for affordable MESSAGES FROM THE HOUSE housing at the national level, serving ask my colleagues to join me in hon- ENROLLED BILL SIGNED on the Board of Directors of the Na- oring and congratulating him for his At 2:33 p.m., a message from the tional Low Income Housing Coalition. incredible bravery on behalf of his House of Representatives, delivered by For the last 6 years he has served as comrades and this great nation.∑ Mrs. Cole, one of its reading clerks, an- Chairman of that board. The Lifetime f nounced that the Speaker has signed Service Award being given to him by the following enrolled bill: the Coalition is a fitting tribute to the TRIBUTE TO ROBIN A. DOUTHITT leadership and service he has devoted ∑ Mr. KOHL. Mr. President, I would H.R. 886. An act to require the Secretary of the Treasury to mint coins in commemora- to it. I thank him for his service to like to take time to recognize Robin A. tion of the 225th anniversary of the estab- Pennsylvania and the Nation, and offer Douthitt, who is stepping down as dean lishment of the Nation’s first Federal law en- him my warmest congratulations on of the School of Human Ecology at the forcement agency, the United States Mar- this well-deserved award.∑ University of Wisconsin-Madison. I shals Service.

VerDate Mar 15 2010 04:48 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.024 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S1999 The enrolled bill was subsequently cellaneous Amendments; Amdt. No. 3464’’ EC–5452. A communication from the Senior signed by the President pro tempore (RIN2120–AA65) received in the Office of the Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, (Mr. INOUYE). President of the Senate on March 12, 2012; to the Committee on Commerce, Science, and transmitting, pursuant to law, the report of At 3:21 p.m., a message from the Transportation. a rule entitled ‘‘Amendment of Class E Air- EC–5444. A communication from the Senior space; South Bend, IN’’ ((RIN2120–AA66) House of Representatives, delivered by Program Analyst, Federal Aviation Adminis- (Docket No. FAA–2011–0250)) received in the Mrs. Cole, one of its reading clerks, an- tration, Department of Transportation, Office of the President of the Senate on nounced that the House has passed the transmitting, pursuant to law, the report of March 12, 2012; to the Committee on Com- following bill, in which it requests the a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. concurrence of the Senate: Eurocopter Deutschland Model EC135 Heli- EC–5453. A communication from the Attor- ney Advisor, U.S. Coast Guard, Department H.R. 5. An act to improve patient access to copters’’ ((RIN2120–AA64) (Docket No. FAA– 2011–0453)) received in the Office of the Presi- of Homeland Security, transmitting, pursu- health care services and provide improved ant to law, the report of a rule entitled ‘‘An- medical care by reducing the excessive bur- dent of the Senate on March 12, 2012; to the Committee on Commerce, Science, and chorage Regulations; Newport, RI’’ den the liability system places on the health ((RIN1625–AA01) (Docket No. USCG–2011– care delivery system. Transportation. EC–5445. A communication from the Senior 0443)) received in the Office of the President The message also announced that Program Analyst, Federal Aviation Adminis- of the Senate on March 12, 2012; to the Com- pursuant to section 201(b) of the Inter- tration, Department of Transportation, mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of tation. national Religious Freedom Act of 1998 EC–5454. A communication from the Attor- a rule entitled ‘‘Airworthiness Directives; (22 U.S.C. 6431 note) as amended, and ney-Advisor, U.S. Coast Guard, Department CPAC, Inc. Airplanes’’ ((RIN2120–AA64) the order of the House of January 5, of Homeland Security, transmitting, pursu- (Docket No. FAA–2011–1128)) received in the 2011, the Speaker appoints the fol- ant to law, the report of a rule entitled ‘‘Spe- Office of the President of the Senate on cial Local Regulation; HITS Triathlon; Cor- lowing member on the part of the March 12, 2012; to the Committee on Com- House of Representatives to the Com- pus Christi Bayfront, Corpus Christi, TX’’ merce, Science, and Transportation. ((RIN1625–AA08) (Docket No. USCG–2011– mission on International Religious EC–5446. A communication from the Senior 0785)) received in the Office of the President Program Analyst, Federal Aviation Adminis- Freedom for a term effective March 23, of the Senate on March 12, 2012; to the Com- 2012, and ending May 14, 2014: Mr. Rob- tration, Department of Transportation, mittee on Commerce, Science, and Transpor- ert P. George of Princeton, New Jersey. transmitting, pursuant to law, the report of tation. a rule entitled ‘‘Airworthiness Directives; EC–5455. A communication from the Attor- f Mooney Aviation Company, Inc. (Mooney) ney-Advisor, U.S. Coast Guard, Department MEASURES READ THE FIRST TIME Airplanes’’ ((RIN2120–AA64) (Docket No. of Homeland Security, transmitting, pursu- FAA–2012–0182)) received in the Office of the ant to law, the report of a rule entitled The following bills were read the first President of the Senate on March 12, 2012; to ‘‘Safety Zone; Atlantic Intracoastal Water- time: the Committee on Commerce, Science, and way, Vicinity of Marine Corps Base, Camp H.R. 5. An act to improve patient access to Transportation. Lejeune, NC’’ ((RIN1625–AA00) (Docket No. health care services and provide improved EC–5447. A communication from the Senior USCG–2011–1166)) received in the Office of the medical care by reducing the excessive bur- Program Analyst, Federal Aviation Adminis- President of the Senate on March 12, 2012; to den the liability system places on the health tration, Department of Transportation, the Committee on Commerce, Science, and care delivery system. transmitting, pursuant to law, the report of Transportation. S. 2230. A bill to reduce the deficit by im- a rule entitled ‘‘Airworthiness Directives; EC–5456. A communication from the Attor- posing a minimum effective tax rate for Aviation Communications and Surveillance ney-Advisor, U.S. Coast Guard, Department high-income taxpayers. Systems (ACSS) Traffic Alert and Collision of Homeland Security, transmitting, pursu- S. 2231. A bill to amend the Federal Credit Avoidance System (TCAS) Units’’ ((RIN2120– ant to law, the report of a rule entitled Union Act, to advance the ability of credit AA64) (Docket No. FAA–2010–1204)) received ‘‘Safety Zone; M/V Del Monte Live-Fire Gun unions to promote small business growth and in the Office of the President of the Senate Exercise, James River, Isle of Wight, Vir- ginia’’ ((RIN1625–AA00) (Docket No. USCG– economic development opportunities, and for on March 12, 2012; to the Committee on Com- 2012–0010)) received in the Office of the Presi- other purposes. merce, Science, and Transportation. EC–5448. A communication from the Senior dent of the Senate on March 12, 2012; to the f Program Analyst, Federal Aviation Adminis- Committee on Commerce, Science, and Transportation. EXECUTIVE AND OTHER tration, Department of Transportation, transmitting, pursuant to law, the report of EC–5457. A communication from the Attor- COMMUNICATIONS a rule entitled ‘‘Airworthiness Directives; ney, U.S. Coast Guard, Department of Home- The following communications were Cessna Aircraft Company Airplanes’’ land Security, transmitting, pursuant to laid before the Senate, together with ((RIN2120–AA64) (Docket No. FAA–2011–1245)) law, the report of a rule entitled ‘‘Safety received in the Office of the President of the Zone; Mississippi River, Mile Marker 230 to accompanying papers, reports, and doc- Mile Marker 234, in the Vicinity of Baton uments, and were referred as indicated: Senate on March 12, 2012; to the Committee on Commerce, Science, and Transportation. Rouge, LA’’ ((RIN1625–AA00) (Docket No. EC–5441. A communication from the Senior EC–5449. A communication from the Senior USCG–2011–0841)) received in the Office of the Program Analyst, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- President of the Senate on March 12, 2012; to tration, Department of Transportation, tration, Department of Transportation, the Committee on Commerce, Science, and transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of Transportation. EC–5458. A communication from the Attor- a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; ney-Advisor, U.S. Coast Guard, Department Airbus Airplanes’’ ((RIN2120–AA64) (Docket The Boeing Company Airplanes’’ ((RIN2120– of Homeland Security, transmitting, pursu- No. FAA–2012–0112)) received in the Office of AA64) (Docket No. FAA–2011–1171)) received the President of the Senate on March 12, ant to law, the report of a rule entitled in the Office of the President of the Senate ‘‘Safety Zone; Ice Rescue Exercise; Green 2012; to the Committee on Commerce, on March 12, 2012; to the Committee on Com- Science, and Transportation. Bay, Dyckesville, Wisconsin’’ ((RIN1625– merce, Science, and Transportation. AA00) (Docket No. USCG–2011–1161)) received EC–5442. A communication from the Senior EC–5450. A communication from the Senior in the Office of the President of the Senate Program Analyst, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- on March 12, 2012; to the Committee on Com- tration, Department of Transportation, tration, Department of Transportation, merce, Science, and Transportation. transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of EC–5459. A communication from the Attor- a rule entitled ‘‘Standard Instrument Ap- a rule entitled ‘‘Security Considerations for ney, U.S. Coast Guard, Department of Home- proach Procedures, and Takeoff Minimums Lavatory Oxygen Systems’’ (RIN2120–AJ92) land Security, transmitting, pursuant to and Obstacle Departure Procedures; Mis- received in the Office of the President of the law, the report of a rule entitled ‘‘Safety cellaneous Amendments; Amdt. No. 3465’’ Senate on March 12, 2012; to the Committee Zone; Gulf Intracoastal Waterway, Mile (RIN2120–AA65) received in the Office of the on Commerce, Science, and Transportation. Marker 35.2 to Mile Marker 35.5, Larose, President of the Senate on March 12, 2012; to EC–5451. A communication from the Senior Lafourche Parish, LA’’ ((RIN1625–AA00) the Committee on Commerce, Science, and Program Analyst, Federal Aviation Adminis- (Docket No. USCG–2011–1128)) received in the Transportation. tration, Department of Transportation, Office of the President of the Senate on EC–5443. A communication from the Senior transmitting, pursuant to law, the report of March 12, 2012; to the Committee on Com- Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Revision of Class D and merce, Science, and Transportation. tration, Department of Transportation, Class E Airspace; Hawthorne, CA’’ ((RIN2120– EC–5460. A communication from the Attor- transmitting, pursuant to law, the report of AA66) (Docket No. FAA–2011–0610)) received ney-Advisor, U.S. Coast Guard, Department a rule entitled ‘‘Standard Instrument Ap- in the Office of the President of the Senate of Homeland Security, transmitting, pursu- proach Procedures, and Takeoff Minimums on March 12, 2012; to the Committee on Com- ant to law, the report of a rule entitled ‘‘Se- and Obstacle Departure Procedures; Mis- merce, Science, and Transportation. curity Zone; Potomac and Anacostia Rivers,

VerDate Mar 15 2010 03:02 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.017 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S2000 CONGRESSIONAL RECORD — SENATE March 22, 2012 Washington, D.C.’’ ((RIN1625–AA87) (Docket partment of Commerce, transmitting, pursu- By Mr. LEVIN for the Committee on No. USCG–2011–1165)) received in the Office of ant to law, the report of a rule entitled Armed Services. the President of the Senate on March 12, ‘‘Fisheries of the Exclusive Economic Zone Air Force nomination of Col. Peter R. 2012; to the Committee on Commerce, Off Alaska; Pacific Cod by Catcher Vessels Masciola, to be Brigadier General. Science, and Transportation. Using Trawl Gear in the Western Regulatory Air Force nomination of Brig. Gen. Mark EC–5461. A communication from the Attor- Area of the Gulf of Alaska’’ (RIN0648–XB035) A. Ediger, to be Major General. ney-Advisor, U.S. Coast Guard, Department received during adjournment of the Senate Air Force nomination of Lt. Gen. Janet C. of Homeland Security, transmitting, pursu- in the Office of the President of the Senate Wolfenbarger, to be General. ant to law, the report of a rule entitled ‘‘Se- on March 16, 2012; to the Committee on Com- Air Force nominations beginning with curity Zone; 24th Annual North American merce, Science, and Transportation. Colonel Ondra L. Berry and ending with International Auto Show, Detroit River, De- EC–5469. A communication from the Acting Colonel Thad L. Myers, which nominations troit, MI’’ ((RIN1625–AA87) (Docket No. Director, Office of Sustainable Fisheries, De- were received by the Senate and appeared in USCG–2011–1157)) received in the Office of the partment of Commerce, transmitting, pursu- the Congressional Record on February 16, President of the Senate on March 12, 2012; to ant to law, the report of a rule entitled 2012. the Committee on Commerce, Science, and ‘‘Fisheries of the Caribbean, Gulf of Mexico, Air Force nominations beginning with Transportation. and South Atlantic; Snapper-Grouper Fish- Brigadier General Steven A. Cray and ending EC–5462. A communication from the Attor- ery of the South Atlantic; Closure’’ with Brigadier General Eric W. Vollmecke, ney-Advisor, U.S. Coast Guard, Department (RIN0648–XA990) received during adjourn- which nominations were received by the Sen- of Homeland Security, transmitting, pursu- ment of the Senate in the Office of the Presi- ate and appeared in the Congressional ant to law, the report of a rule entitled dent of the Senate on March 16, 2012; to the Record on February 16, 2012. Air Force nominations beginning with ‘‘Moving Security Zone Around Escorted Committee on Commerce, Science, and Brigadier General David W. Allvin and end- Vessels on the Lower Mississippi River Be- Transportation. tween Mile Marker 90.0 Above Head of Passes EC–5470. A communication from the Acting ing with Brigadier General Kenneth S. to Mile Marker 110.0 Above Head of Passes’’ Director, Office of Sustainable Fisheries, De- Wilsbach, which nominations were received ((RIN1625–AA87) (Docket No. USCG–2011– partment of Commerce, transmitting, pursu- by the Senate and appeared in the Congres- 1063)) received in the Office of the President ant to law, the report of a rule entitled sional Record on February 16, 2012. Air Force nominations beginning with of the Senate on March 12, 2012; to the Com- ‘‘Fisheries of the Exclusive Economic Zone Colonel Steven M. Balser and ending with mittee on Commerce, Science, and Transpor- Off Alaska; Shallow-Water Species by Colonel Sallie K. Worcester, which nomina- tation. Amendment 80 Vessels in the Gulf of Alas- tions were received by the Senate and ap- EC–5463. A communication from the Senior ka’’ (RIN0648–XB044) received during ad- peared in the Congressional Record on Feb- Program Analyst, Federal Aviation Adminis- journment of the Senate in the Office of the ruary 29, 2012. (minus 1 nominee: Colonel tration, Department of Transportation, President of the Senate on March 16, 2012; to transmitting, pursuant to law, the report of Robert C. Bolton) the Committee on Commerce, Science, and Air Force nomination of Lt. Gen. Clyde D. a rule entitled ‘‘Airworthiness Directives; Transportation. Rolls-Royce plc (RR) RB211-Trent 800 Series Moore II, to be Lieutenant General. EC–5471. A communication from the Acting Air Force nomination of Col. Douglas D. Turbofan Engines’’ ((RIN2120–AA64) (Docket Director, Office of Sustainable Fisheries, De- Delozier, to be Brigadier General. No. FAA–2011–0836)) received in the Office of partment of Commerce, transmitting, pursu- * Army nomination of Lt. Gen. Thomas P. the President of the Senate on March 14, ant to law, the report of a rule entitled Bostick, to be Lieutenant General. 2012; to the Committee on Commerce, ‘‘Fisheries of the Exclusive Economic Zone Army nomination of Brig. Gen. Michael X. Science, and Transportation. Off Alaska; Reallocation of Pollock in the Garrett, to be Major General. EC–5464. A communication from the Senior Bering Sea and Aleutian Islands’’ (RIN0648– Army nominations beginning with Briga- Program Analyst, Federal Aviation Adminis- XB038) received during adjournment of the dier General Robert P. Ashley, Jr. and end- tration, Department of Transportation, Senate in the Office of the President of the ing with Brigadier General Darrell K. Wil- transmitting, pursuant to law, the report of Senate on March 16, 2012; to the Committee liams, which nominations were received by a rule entitled ‘‘Authorization to Use Lower on Commerce, Science, and Transportation. the Senate and appeared in the Congres- Than Standard Takeoff, Approach and Land- EC–5472. A communication from the Acting sional Record on January 23, 2012. ing Minimums at Military and Foreign Air- Director, Office of Sustainable Fisheries, De- Army nomination of Brig. Gen. Craig A. ports; Confirmation of Effective Date of Ef- partment of Commerce, transmitting, pursu- Bugno, to be Major General. fective Date’’ ((RIN2120–AK02) (Docket No. ant to law, the report of a rule entitled Army nomination of Maj. Gen. David D. FAA–2012–0007)) received in the Office of the ‘‘Fisheries of the Exclusive Economic Zone Halverson, to be Lieutenant General. President of the Senate on March 15, 2012; to Off Alaska; Pollock in Statistical Area 630 in the Committee on Commerce, Science, and Mr. LEVIN. Mr. President, for the the Gulf of Alaska’’ (RIN0648–XB036) received Committee on Armed Services I report Transportation. during adjournment of the Senate in the Of- EC–5465. A communication from the Senior fice of the President of the Senate on March favorably the following nomination Program Analyst, Federal Aviation Adminis- 16, 2012; to the Committee on Commerce, lists which were printed in the tration, Department of Transportation, Science, and Transportation. RECORDS on the dates indicated, and transmitting, pursuant to law, the report of EC–5473. A communication from the Acting ask unanimous consent, to save the ex- a rule entitled ‘‘Removal of Category IIIa, Director, Office of Sustainable Fisheries, De- pense of reprinting on the Executive IIIb, and IIIc Definitions’’ ((RIN2120–AK03) partment of Commerce, transmitting, pursu- Calendar that these nominations lie at (Docket No. FAA–2012–0019)) received in the ant to law, the report of a rule entitled ‘‘Pa- Office of the President of the Senate on the Secretary’s desk for the informa- cific Cod by Catcher Vessels Less Than 50 tion of Senators. March 14, 2012; to the Committee on Com- Feet (15.2 Meters) Length Overall Using merce, Science, and Transportation. Hook-and-Line Gear in the Central Regu- The PRESIDING OFFICER. Without EC–5466. A communication from the Acting latory Area of the Gulf of Alaska’’ (RIN0648– objection, it is so ordered. Director, Office of Sustainable Fisheries, De- XB062) received during adjournment of the Air Force nominations beginning with partment of Commerce, transmitting, pursu- Senate in the Office of the President of the Matthew R. Gee and ending with Victor G. ant to law, the report of a rule entitled Senate on March 16, 2012; to the Committee Soto, which nominations were received by ‘‘Fisheries of the Exclusive Economic Zone on Commerce, Science, and Transportation. the Senate and appeared in the Congres- Off Alaska; Pollock in Statistical Area 620 in EC–5474. A communication from the Acting sional Record on February 29, 2012. the Gulf of Alaska’’ (RIN0648–XB049) received Director, Office of Sustainable Fisheries, De- Air Force nominations beginning with during adjournment of the Senate in the Of- partment of Commerce, transmitting, pursu- Kerry L. Lewis and ending with Lynn M. fice of the President of the Senate on March ant to law, the report of a rule entitled Miller, which nominations were received by 16, 2012; to the Committee on Commerce, ‘‘Fisheries of the Exclusive Economic Zone the Senate and appeared in the Congres- Science, and Transportation. Off Alaska; Pacific Cod by Catcher Vessels sional Record on March 12, 2012. EC–5467. A communication from the Acting Using Trawl Gear in the Bering Sea and Army nomination of Richard M. Scott, to Director, Office of Sustainable Fisheries, De- Aleutian Islands Management Area’’ be Lieutenant Colonel. partment of Commerce, transmitting, pursu- (RIN0648–XB051) received during adjourn- Army nominations beginning with Keith J. ant to law, the report of a rule entitled ment of the Senate in the Office of the Presi- Andrews and ending with Douglas W. Wea- ‘‘Magnuson-Stevens Act Provisions; Fish- dent of the Senate on March 16, 2012; to the ver, which nominations were received by the eries off West Coast States; Biennial Speci- Committee on Commerce, Science, and Senate and appeared in the Congressional fications and Management Measures; Transportation. Record on February 6, 2012. Inseason Adjustments’’ (RIN0648–BB88) re- Army nominations beginning with Dwight ceived during adjournment of the Senate in f Y. Shen and ending with Carol J. Pierce, the Office of the President of the Senate on EXECUTIVE REPORTS OF which nominations were received by the Sen- March 16, 2012; to the Committee on Com- COMMITTEE ate and appeared in the Congressional merce, Science, and Transportation. Record on February 16, 2012. EC–5468. A communication from the Acting The following executive reports of Army nomination of Shane T. Taylor, to Director, Office of Sustainable Fisheries, De- nominations were submitted: be Major.

VerDate Mar 15 2010 03:02 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.020 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S2001 Army nominations beginning with Patricia S. 2227. A bill to amend the Internal Rev- of S. 25, a bill to phase out the Federal A. Loveless and ending with Jerome M. enue Code of 1986 to expand and simplify the sugar program, and for other purposes. Benavides, which nominations were received credit for employee health insurance ex- S. 339 by the Senate and appeared in the Congres- penses of small employers; to the Committee At the request of Mr. BAUCUS, the sional Record on February 29, 2012. on Finance. Army nomination of Robert S. Taylor, to By Mr. HELLER: name of the Senator from Pennsyl- be Major. S. 2228. A bill to convey certain Federal vania (Mr. CASEY) was added as a co- Army nomination of Casey D. Shuff, to be land to the city of Yerington, Nevada; to the sponsor of S. 339, a bill to amend the Major. Committee on Energy and Natural Re- Internal Revenue Code of 1986 to make Army nominations beginning with John B. sources. permanent the special rule for con- Hill and ending with Stephen M. Radulski, By Mr. TESTER (for himself and Mr. tributions of qualified conservation which nominations were received by the Sen- BAUCUS): contributions. ate and appeared in the Congressional S. 2229. A bill to authorize the issuance of S. 362 Record on March 12, 2012. right-of-way permits for natural gas pipe- At the request of Mr. WHITEHOUSE, Marine Corps nomination of William J. lines in Glacier National Park, and for other Wrightington, to be Major. purposes; to the Committee on Energy and the name of the Senator from Con- Marine Corps nomination of Mark A. Natural Resources. necticut (Mr. LIEBERMAN) was added as Mitchell, to be Lieutenant Colonel. By Mr. WHITEHOUSE (for himself, Mr. a cosponsor of S. 362, a bill to amend Marine Corps nominations beginning with AKAKA, Mr. BEGICH, Mr. LEAHY, Mr. the Public Health Service Act to pro- Robert F. Emminger and ending with Mi- HARKIN, Mr. BLUMENTHAL, Mr. SAND- vide for a Pancreatic Cancer Initiative, chael G. Marchand, which nominations were ERS, Mr. SCHUMER, Mr. REED, Mr. and for other purposes. received by the Senate and appeared in the ROCKEFELLER, Mr. FRANKEN, Mrs. S. 418 Congressional Record on January 31, 2012. BOXER, Mr. DURBIN, and Mr. LEVIN): At the request of Mr. HARKIN, the Marine Corps nominations beginning with S. 2230. A bill to reduce the deficit by im- names of the Senator from Tennessee Paul H. Atterbury and ending with Donald A. posing a minimum effective tax rate for Ziolkowski, which nominations were re- high-income taxpayers; read the first time. (Mr. CORKER) and the Senator from ceived by the Senate and appeared in the By Mr. UDALL of Colorado (for him- Texas (Mrs. HUTCHISON) were added as Congressional Record on February 1, 2012. self, Ms. SNOWE, Mr. SCHUMER, Mr. cosponsors of S. 418, a bill to award a Navy nominations beginning with Jay R. LIEBERMAN, Mr. BEGICH, Mrs. BOXER, Congressional Gold Medal to the World Friedman and ending with Donna Raja, Mr. BROWN of Ohio, Ms. COLLINS, Mrs. War II members of the Civil Air Patrol. which nominations were received by the Sen- FEINSTEIN, Mr. FRANKEN, Mrs. GILLI- S. 672 ate and appeared in the Congressional BRAND, Mr. INOUYE, Mr. LEAHY, Mr. At the request of Mr. ROCKEFELLER, Record on February 29, 2012. LEVIN, Mr. NELSON of Florida, Mr. the name of the Senator from Vermont Navy nomination of Steven J. Porter, to be PAUL, Mr. REED, Mr. REID, Mr. SAND- (Mr. SANDERS) was added as a cospon- Lieutenant Commander. ERS, Ms. STABENOW, Mr. WHITEHOUSE, sor of S. 672, a bill to amend the Inter- * Nomination was reported with rec- and Mr. WYDEN): nal Revenue Code of 1986 to extend and ommendation that it be confirmed sub- S. 2231. A bill to amend the Federal Credit modify the railroad track maintenance ject to the nominee’s commitment to Union Act, to advance the ability of credit unions to promote small business growth and credit. respond to requests to appear and tes- economic development opportunities, and for tify before any duly constituted com- S. 803 other purposes; read the first time. At the request of Mr. MCCAIN, the mittee of the Senate. By Mr. BROWN of Massachusetts (for name of the Senator from Florida (Mr. (Nominations without an asterisk himself and Mr. WARNER): RUBIO) was added as a cosponsor of S. were reported with the recommenda- S. 2232. A bill to decrease the deficit by re- 803, a bill to implement a comprehen- tion that they be confirmed.) aligning, consolidating, disposing, and im- proving the efficiency of Federal buildings sive border security plan to combat il- f and other civilian real property, and for legal immigration, drug and alien INTRODUCTION OF BILLS AND other purposes; to the Committee on Home- smuggling, and violent activity in the JOINT RESOLUTIONS land Security and Governmental Affairs. southwest border of the United States. By Mr. CARDIN (for himself, Mrs. S. 1168 The following bills and joint resolu- BOXER, Mr. DURBIN, Mrs. GILLIBRAND, tions were introduced, read the first At the request of Mrs. SHAHEEN, the Mr. HARKIN, Ms. LANDRIEU, Mr. LAU- name of the Senator from New York and second times by unanimous con- TENBERG, Mr. MENENDEZ, and Ms. MI- ILLIBRAND sent, and referred as indicated: KULSKI): (Mrs. G ) was added as a co- sponsor of S. 1168, a bill to authorize a By Mr. CRAPO (for himself, Mr. WAR- S.J. Res. 39. A joint resolution removing national grant program for on-the-job NER, Mr. TOOMEY, Mrs. HAGAN, Mr. the deadline for the ratification of the equal CORKER, and Mr. CARPER): rights amendment; to the Committee on the training. S. 2223. A bill to address the implementa- Judiciary. S. 1700 tion of certain prohibitions under the Bank f At the request of Ms. KLOBUCHAR, the Holding Company Act of 1956, and for other name of the Senator from Oklahoma SUBMISSION OF CONCURRENT AND purposes; to the Committee on Banking, (Mr. COBURN) was added as a cosponsor Housing, and Urban Affairs. SENATE RESOLUTIONS of S. 1700, a bill to amend the Federal By Mr. CORKER (for himself and Mr. The following concurrent resolutions Food, Drug, and Cosmetic Act with re- WEBB): and Senate resolutions were read, and S. 2224. A bill to require the President to spect to device review determinations report to Congress on issues related to Syria; referred (or acted upon), as indicated: and conflicts of interest, and for other to the Committee on Foreign Relations. By Mr. WHITEHOUSE (for himself, Mr. purposes. By Mr. FRANKEN (for himself and Mr. SCHUMER, Mrs. GILLIBRAND, and Mr. S. 1763 HARKIN): WYDEN): At the request of Mr. AKAKA, the S. 2225. A bill to amend the Farm Security S. Res. 404. A resolution recognizing the name of the Senator from Vermont life and work of war correspondent Marie and Rural Investment Act of 2002 to reau- (Mr. SANDERS) was added as a cospon- thorize and improve the Rural Energy for Colvin and other courageous journalists in sor of S. 1763, a bill to decrease the in- America program; to the Committee on Ag- war zones; considered and agreed to. riculture, Nutrition, and Forestry. By Mr. REID (for himself and Mr. cidence of violent crimes against In- By Mr. PAUL: MCCONNELL): dian women, to strengthen the capac- S. 2226. A bill to prohibit the Adminis- S. Res. 405. A resolution authorizing the ity of Indian tribes to exercise the sov- trator of the Environmental Protection taking of a photograph in the Chamber of ereign authority of Indian tribes to re- Agency from awarding any grant, contract, the United States Senate; considered and spond to violent crimes committed cooperative agreement, or other financial as- agreed to. against Indian women, and to ensure sistance under section 103 of the Clean Air f that perpetrators of violent crimes Act for any program, project, or activity car- committed against Indian women are ried out outside the United States, including ADDITIONAL COSPONSORS held accountable for that criminal be- the territories and possessions of the United S. 25 States; to the Committee on Environment havior, and for other purposes. and Public Works. At the request of Mrs. SHAHEEN, the S. 1824 By Mr. KERRY (for himself and Ms. name of the Senator from Tennessee At the request of Mr. TOOMEY, the LANDRIEU): (Mr. CORKER) was added as a cosponsor name of the Senator from Illinois (Mr.

VerDate Mar 15 2010 03:02 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.022 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S2002 CONGRESSIONAL RECORD — SENATE March 22, 2012 DURBIN) was added as a cosponsor of S. S. 2215 STATEMENTS ON INTRODUCED 1824, a bill to amend the securities laws At the request of Mr. DURBIN, the BILLS AND JOINT RESOLUTIONS to establish certain thresholds for name of the Senator from Maryland By Mr. FRANKEN (for himself shareholder registration under that (Mr. CARDIN) was added as a cosponsor and Mr. HARKIN): Act, and for other purposes. of S. 2215, a bill to create jobs in the S. 2225. A bill to amend the Farm Se- S. 1925 United States by increasing United curity and Rural Investment Act of At the request of Mr. LEAHY, the States exports to Africa by at least 200 2002 to reauthorize and improve the name of the Senator from New Hamp- percent in real dollar value within 10 Rural Energy for America program; to shire (Ms. AYOTTE) was added as a co- years, and for other purposes. the Committee on Agriculture, Nutri- sponsor of S. 1925, a bill to reauthorize S. 2219 tion, and Forestry. the Violence Against Women Act of At the request of Mr. WHITEHOUSE, Mr. FRANKEN. I rise to introduce 1994. the name of the Senator from Florida the Rural Energy for America Program S. 1933 (Mr. NELSON) was added as a cosponsor Reauthorization Act, along with my At the request of Mr. SCHUMER, the of S. 2219, a bill to amend the Federal friend Senator HARKIN from Iowa. name of the Senator from Colorado Election Campaign Act of 1971 to pro- Farmers and rural businesses form (Mr. BENNET) was added as a cosponsor vide for additional disclosure require- the backbone of this country, and rural of S. 1933, a bill to increase American ments for corporations, labor organiza- communities are particularly crucial job creation and economic growth by tions, Super PACs and other entities, to Minnesota’s culture and economy. improving access to the public capital and for other purposes. In fact, in my State, one out of every five jobs is related to the agricultural markets for emerging growth compa- S. 2221 nies. economy. At the request of Mr. THUNE, the We all rely on farmers for our food. It S. 1935 names of the Senator from Alabama At the request of Mrs. HAGAN, the is thanks to farmers that when we go (Mr. SHELBY) and the Senator from name of the Senator from Arkansas to the grocery store there is an abun- Tennessee (Mr. CORKER) were added as dance of fresh food at cheaper prices (Mr. BOOZMAN) was added as a cospon- cosponsors of S. 2221, a bill to prohibit sor of S. 1935, a bill to require the Sec- than in many other countries. While the Secretary of Labor from finalizing family farmers and rural businesses retary of the Treasury to mint coins in a proposed rule under the Fair Labor recognition and celebration of the 75th work hard to keep our shelves stocked, Standards Act of 1938 relating to child they do so under difficult conditions. anniversary of the establishment of the labor. March of Dimes Foundation. Weather and disease can wipe out a S. 2222 S. 2010 crop, profit margins can be small, and At the request of Mr. SANDERS, the At the request of Mr. KERRY, the fluctuating market prices for their name of the Senator from Vermont names of the Senator from Missouri products can be devastating to a family (Mrs. MCCASKILL) and the Senator from (Mr. SANDERS) was added as a cospon- farmer. sor of S. 2010, a bill to amend title II of Maryland (Ms. MIKULSKI) were added as Farm work is also very energy inten- the Social Security Act to repeal the cosponsors of S. 2222, a bill to require sive, so when energy and gas prices Government pension offset and wind- the Commodity Futures Trading Com- rise, farmers have to make tough fall elimination provisions. mission to take certain actions to re- choices. High energy prices mean lay- duce excessive speculation in energy ing off farm workers, increasing crop S. 2137 markets. prices, if they can, and squeezed budg- At the request of Mrs. BOXER, the ets all around. To make matters worse, name of the Senator from Illinois (Mr. S. RES. 380 many of our government programs that DURBIN) was added as a cosponsor of S. At the request of Mr. GRAHAM, the help manage rising energy prices are 2137, a bill to prohibit the issuance of a name of the Senator from Louisiana under attack and on the budget chop- waiver for commissioning or enlist- (Ms. LANDRIEU) was added as a cospon- sor of S. Res. 380, a resolution to ex- ping block. ment in the Armed Forces for any indi- REAP, or the Rural Energy for Amer- vidual convicted of a felony sexual of- press the sense of the Senate regarding the importance of preventing the Gov- ica Program, can help farmers manage fense. the cost of energy. The bill I am intro- S. 2159 ernment of Iran from acquiring nuclear weapons capability. ducing today will reauthorize this im- At the request of Mr. LEAHY, the portant farm bill program that will S. RES. 402 name of the Senator from New York help farmers and rural small businesses (Mr. SCHUMER) was added as a cospon- At the request of Mr. COONS, the continue to cut energy bills and gen- sor of S. 2159, a bill to extend the au- names of the Senator from Wyoming erate electricity on site. thorization of the Drug-Free Commu- (Mr. ENZI), the Senator from Minnesota Let me go through a few examples of nities Support Program through fiscal (Ms. KLOBUCHAR), the Senator from what REAP projects can look like. It is year 2017. New Hampshire (Mrs. SHAHEEN) and the putting solar panels on barns. It is S. 2165 Senator from Arkansas (Mr. BOOZMAN) wind turbines in fields. There are wind At the request of Mr. ISAKSON, the were added as cosponsors of S. Res. 402, turbines all over Minnesota. It is an- name of the Senator from Georgia (Mr. a resolution condemning Joseph Kony aerobic digesters on dairy farms which CHAMBLISS) was added as a cosponsor of and the Lord’s Resistance Army for actually use waste to create methane S. 2165, a bill to enhance strategic co- committing crimes against humanity gas and electricity. It means energy ef- operation between the United States and mass atrocities, and supporting on- ficiency improvements in poultry and Israel, and for other purposes. going efforts by the United States Gov- houses and geothermal pumps in fac- S. 2177 ernment and governments in central tories. It means agricultural producers At the request of Mr. LUGAR, the Africa to remove Joseph Kony and and businesses can reduce their costs name of the Senator from Florida (Mr. Lord’s Resistance Army commanders and generate an additional stream of RUBIO) was added as a cosponsor of S. from the battlefield. income. It means rural America can 2177, a bill to strengthen the North At- AMENDMENT NO. 1945 make high-tech investments, create lantic Treaty Organization. At the request of Mr. LEAHY, the jobs, and lead the world in producing S. 2205 name of the Senator from Texas (Mr. clean energy. I know in the Presiding At the request of Mr. MORAN, the CORNYN) was added as a cosponsor of Officer’s State of New Hampshire there name of the Senator from Kentucky amendment No. 1945 intended to be pro- is tremendous biomass and potential (Mr. PAUL) was added as a cosponsor of posed to S. 2038, an original bill to pro- for energy biomass and the low carbon S. 2205, a bill to prohibit funding to ne- hibit Members of Congress and employ- footprint that represents. gotiate a United Nations Arms Trade ees of Congress from using nonpublic The Rural Energy for America Pro- Treaty that restricts the Second information derived from their official gram is a modest program, but it is a Amendment rights of United States positions for personal benefit, and for wise investment that effectively citizens. other purposes. leverages private funds. Since it was

VerDate Mar 15 2010 03:02 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.024 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S2003 created in 2002, this program has tial projects, and it expands startup for which the cost of the activity funded helped almost 6,000 farmers and small support and funds for feasibility stud- under this subsection is greater than $80,000 businesses across the Nation invest in ies so that farmers and businesses can but less than $200,000. alternative energy projects. The pro- start projects with sound planning. ‘‘(iv) TIER 3.—The Secretary shall establish We are very grateful for the strong a separate application process for projects gram has generated or saved enough for which the cost of the activity funded energy to power about 600,000 homes a support from the agricultural commu- under this subsection is equal to or greater year. By providing just $192 million in nity, including the National Farmers than $200,000. grants and $165 million in loan guaran- Union, the Minnesota Farmers Union, ‘‘(v) APPLICATION PROCESS.—The Secretary tees, the program has brought in $800 the Environmental Law and Policy shall establish an application, evaluation, million in private and State invest- Center, the National Sustainable Agri- and oversight process that is most simplified ments. Plus, the Rural Energy for culture Coalition, the Agriculture En- for tier I projects and more comprehensive America Program helps create demand ergy Association, the Distributed Wind for each subsequent tier.’’; (B) in paragraph (2)— for new jobs in rural economies. These Alliance, the Minnesota Corn Growers, and the Minnesota Soybean Growers. (i) in subparagraph (C), by inserting ‘‘and are jobs in installation and operations public health’’ before ‘‘benefits’’; and and maintenance work—good jobs that With the Chair’s indulgence, I have about 30 seconds left. I have an inner (ii) by striking paragraph (F) and inserting rural America needs. It also bolsters the following: clock. I think I am up against my 2 American energy independence and fos- ‘‘(F) the natural resource conservation minutes, so I wish to say I am proud to ters homegrown energy sources such as benefits of the renewable energy system; introduce this legislation with Senator wind and solar and biomass and geo- and’’; HARKIN, who is a true champion to (C) in paragraph (3)— thermal instead of foreign oil. farmers here in the Senate. Going for- Shirley Hovda’s rural wood finishing (i) in subparagraph (A), by inserting ‘‘in an ward, I look forward to working with amount not to exceed $100,000 per grant’’ and coating business, Quality Deco- all of my colleagues from both sides of after ‘‘in the form of grants’’; and rating, in Roseau, MN, is one of the the aisle to pass this reauthorization (ii) by striking subparagraph (C); 6,000 that benefited from the Rural En- as part of the farm bill. (D) in paragraph (4)(C), by striking ‘‘75 per- ergy for America Program over the I see Senator JOHANNS, the former cent of the cost’’ and inserting ‘‘all eligible years. Roseau, in northern Minnesota, Secretary of Agriculture, on the floor, costs’’; and (E) by adding at the end the following: is cold in the winter and in the fall and whom I hope to work with on this leg- ‘‘(5) REQUIREMENT.—In carrying out this in the early spring. When Shirley’s islation. heating bills spiked, she decided it was section, the Secretary shall not require a Mr. President, I ask unanimous con- second meter for on-farm residential por- time to invest in a geothermal heating sent that the text of the bill be printed tions of rural projects connected to the and cooling system to reduce costs in in the RECORD. grid.’’; her newly constructed 6,000 square foot There being no objection, the text of (3) in subsection (f)— facility. the bill was ordered to be printed in (A) by striking ‘‘Not later’’ and inserting With the help of a $7,920 grant from the RECORD, as follows: the following: the Rural Energy for America Pro- S. 2225 ‘‘(1) IN GENERAL.—Not later’’; and (B) by adding at the end the following: gram, she was able to purchase and in- Be it enacted by the Senate and House of Rep- stall the geothermal system in 2008. resentatives of the United States of America in ‘‘(2) SUBSEQUENT REPORT.—Not later than 4 Congress assembled, years after the date of enactment of this Over the past 5 years, Shirley has seen paragraph, the Secretary shall submit to SECTION 1. RURAL ENERGY FOR AMERICA PRO- her energy bills reduced by 40 percent, Congress a report on activities carried out saving thousands of dollars she has in- GRAM. Section 9007 of the Farm Security and under this section, including the outcomes vested in more productive parts of her Rural Investment Act of 2002 (7 U.S.C. 8107) achieved by projects funded under this sec- business. is amended— tion.’’; and The bill we are introducing today re- (1) in subsection (b)(2)— (4) in subsection (g)— authorizes the Rural Energy for Amer- (A) in subparagraph (C), by striking ‘‘and’’ (A) in paragraph (1)(D), by striking ‘‘for ica Program to continue helping farm- at the end; fiscal year 2012’’ and inserting ‘‘for each of ers and small business owners such as (B) by redesignating subparagraph (D) as fiscal years 2012 through 2017’’; and subparagraph (E); and (B) in paragraph (3)— Shirley to make smart investments in (i) by striking ‘‘this section $25,000,000’’ and renewable energy and energy effi- (C) by inserting after subparagraph (C) the following: inserting ‘‘this section— ciency. It makes improvements to the ‘‘(D) a nonprofit organization; and’’; ‘‘(A) $25,000,000’’; program too. While the program has (2) in subsection (c)— (ii) by striking the period at the end and had a fantastic impact on the country’s (A) by striking paragraph (1) and inserting inserting a ‘‘; and’’; and rural economy, farmers tell me they the following: (iii) by adding at the end the following: are facing challenges accessing it. So ‘‘(1) LOAN GUARANTEE AND GRANT PRO- ‘‘(B) $100,000,000 for each of fiscal years 2013 our bill removes barriers while ensur- GRAM.— through 2017.’’. ‘‘(A) IN GENERAL.—In addition to any simi- ing taxpayer dollars are spent wisely. By Mr. CARDIN (for himself, Mrs. First, our bill simplifies the applica- lar authority, the Secretary shall provide BOXER, Mr. DURBIN, Mrs. GILLI- tion process, making it easier for farm- loan guarantees and grants to agricultural producers and rural small businesses— BRAND, Mr. HARKIN, Ms. LAN- ers and small businesses to access the ‘‘(i) to purchase renewable energy systems, DRIEU, Mr. LAUTENBERG, Mr. program’s grants and loans. The new including— MENENDEZ, and Ms. MIKULSKI): application process matches the com- ‘‘(I) systems that may be used to produce S.J. Res. 39. A joint resolution re- plexity of the application to the size of and sell electricity, such as for agricultural moving the deadline for the ratifica- the project. That way, farmers and the or residential purposes; and tion of the equal rights amendment, to USDA can avoid unnecessary and cost- ‘‘(II) unique components of renewable en- the Committee on the Judiciary. ergy systems; and ly paperwork if the project doesn’t Mr. CARDIN. Mr. President, today I warrant it. ‘‘(ii) to make energy efficiency improve- ments. am introducing a joint resolution Second, my bill removes a regulation ‘‘(B) TIERED APPLICATION PROCESS.— which would remove the deadline for that currently requires farmers to use ‘‘(i) IN GENERAL.—In providing loan guaran- the states’ ratification of the equal the program’s funding to install a sec- tees and grants under this subsection, the rights amendment, ERA. I thank Sen- ond electric meter that currently goes Secretary shall use a 3-tiered application ators BOXER, DURBIN, GILLIBRAND, HAR- unread. In these tight fiscal times, I process that reflects the sizes of proposed KIN, LANDRIEU, LAUTENBERG, MENEN- think it is important that every tax- projects in accordance with this subpara- DEZ, and MIKULSKI for joining me as payer dollar is well spent, so the bill graph. original cosponsors. will eliminate this redundancy and re- ‘‘(ii) TIER 1.—The Secretary shall establish When Congress passed the ERA in a separate application process for projects move an unnecessary burden on pro- for which the cost of the activity funded 1972, it provided that the measure had 3 gram participants. under this subsection is not more than to be ratified by ⁄4 of the States, 38 Third, our bill requires the USDA to $80,000. States, within 7 years. This deadline include stronger health and environ- ‘‘(iii) TIER 2.—The Secretary shall establish was later extended to 10 years by a mental criteria when evaluating poten- a separate application process for projects joint resolution enacted by Congress,

VerDate Mar 15 2010 03:02 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.043 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S2004 CONGRESSIONAL RECORD — SENATE March 22, 2012 but ultimately only 35 out of 38 States lution; which was considered and fice Buildings (prohibiting the taking of pic- had ratified the ERA when the deadline agreed to: tures in the Senate Chamber) be temporarily suspended for the sole and specific purpose of expired in 1982. S. RES. 404 Congress can and should give the permitting the Senate Photographic Studio Whereas The Sunday Times reporter Marie to photograph the United States Senate in States another chance. In 1992, the 27th Colvin was killed during the shelling of a actual session on Tuesday, March 27, 2012, at Amendment to the Constitution pro- makeshift media center in the Baba Amr the hour of 2:15 p.m. hibiting immediate Congressional pay neighborhood of the besieged Syrian city of SEC. 2. The Sergeant at Arms of the Senate raises was ratified after 203 years. Arti- Homs on February 22, 2012, along with is authorized and directed to make the nec- cle V of the Constitution contains no French photographer Re´mi Ochlik; essary arrangements therefore, which ar- time limits for ratification of constitu- Whereas Ms. Colvin leaves behind a be- rangements shall provide for a minimum of loved family where she grew up in the State disruption to Senate proceedings. tional amendments, and the ERA time of New York, was educated and began her limit was contained in a joint resolu- journalistic career in the United States, and f tion, not the actual text of the amend- throughout her career as one of the foremost NOTICE OF INTENT TO OBJECT TO ment. war correspondents of her generation exem- The Fourteenth Amendment of the plified American values of humanity, ac- PROCEEDING Constitution requires ‘‘equal protec- countability, decency, transparency, and I, Senator BARBARA MIKULSKI intend tion of the laws,’’ and the Supreme courage; to object to proceeding to S. 1789, a bill Court has so far held that most sex or Whereas Ms. Colvin worked with relentless to improve, sustain, and transform the bravery to report on the recent uprising in United States Postal Service, dated gender classifications are subject to Syria and to expose crimes against human- only ‘‘intermediate scrutiny’’ when ity, human-rights violations, and the rav- March 22, 2012. analyzing laws that may have a dis- ages of war in conflict zones throughout the f criminatory impact. In 2011 Supreme world, including the Balkans, the Chechen Court Justice Antonin Scalia gave an Republic, Libya, and Sri Lanka, where she NOTICE OF HEARING was seriously wounded and lost vision in 1 interview in which he stated that ‘‘cer- COMMITTEE ON ENERGY AND NATURAL eye; tainly the Constitution does not re- RESOURCES quire discrimination on the basis of Whereas Ms. Colvin shed light on human- rights violations through her courageous re- Mr. BINGAMAN. Mr. President, I sex. The only issue is whether it pro- porting on how these conflicts affected the would like to announce for the infor- hibits it. It doesn’t.’’ Ratification of lives of individuals; mation of the Senate and the public the ERA by state legislatures would Whereas the actions of Ms. Colvin in that a hearing has been scheduled be- provide the courts with clearer guid- Timor-Leste are widely credited with avert- fore the Senate Committee on Energy ance in holding gender or sex classi- ing a massacre; and Natural Resources. The hearing fications to the ‘‘strict scrutiny’’ Whereas Ms. Colvin said, ‘‘Covering a war will be held on Thursday, March 29, standard. means going to places torn by chaos, de- 2012, at 9:30 a.m., in room SD–366 of the The ERA is a simple and straight- struction, and death, and trying to bear wit- ness. It means trying to find the truth in a Dirksen Senate Office Building in forward constitutional amendment. It sandstorm of propaganda when armies, tribes Washington, DC. reads: ‘‘Equality of rights under the or terrorists clash. And yes, it means taking The purpose of the hearing is to re- law shall not be denied or abridged by risks, not just for yourself but often for the ceive testimony on current and near- the United States or by any State on people who work closely with you.’’; term future price expectations and account of sex.’’ The amendment gives Whereas the work of Ms. Colvin exempli- trends for motor gasoline and other re- power to Congress to enforce its provi- fies the best qualities of journalism; fined petroleum fuels. sions by appropriate legislation, and Whereas Ms. Colvin was awarded the 2000 Because of the limited time available the amendment would take effect two Courage in Journalism Award from the International Women’s Media Foundation for the hearing, witnesses may testify years after ratification by the States. for behind-the-lines action in Kosovo and the by invitation only. However, those March is Women’s History Month. Chechen Republic, twice named Foreign Re- wishing to submit written testimony And today is the 40th anniversary of porter of the Year at the British Press for the hearing record should send it to passage by the Senate of the joint reso- Awards, named the Journalist of the Year by the Committee on Energy and Natural lution to extend the ERA ratification the Foreign Press Association in 2000, and Resources, United States Senate, timeline on March 22, 1972. Today, named Woman Journalist of the Year by the Washington, DC 20510–6150, or by email nearly half of the States have a version Foreign Press Association in 2010; and to [email protected] of the ERA written into their State Whereas Ms. Colvin and brave journalists have lost their lives serving as the con- .gov. constitution. My own State of Mary- science of the world: Now, therefore, be it For further information, please con- land’s constitution reads that ‘‘Equal- Resolved, That the Senate— tact Hannah Breul at (202) 224–4756 or ity of rights under the law shall not be (1) extends its sympathy to the families of Allison Seyferth at (202) 224–4905. abridged or denied because of sex.’’ Ms. Colvin and other reporters who have died I am therefore pleased to introduce reporting from conflict zones; f this joint resolution today, which is (2) recognizes the bravery of Ms. Colvin AUTHORITY FOR COMMITTEES TO endorsed by a wide variety of groups, and other correspondents and photographers MEET including United 4 Equality, the Na- who have lost their lives while exposing the truth; COMMITTEE ON ARMED SERVICES tional Council of Women’s Organiza- (3) calls on the world community to honor Mr. LEVIN. Mr. President, I ask tions, the National Organization for the memories of Ms. Colvin and other report- unanimous consent that the Com- Women, and the American Association ers; and mittee on Armed Services be author- of University Women. I urge my col- (4) calls on the government of Syria to halt ized to meet during the session of the leagues to support this joint resolu- the brutal attacks against the people of Senate on March 22, 2012. at 9:30 a.m. tion. Syria and to respect their human rights. The PRESIDING OFFICER. Without f f objection it is so ordered. SUBMITTED RESOLUTIONS SENATE RESOLUTION 405—AU- COMMITTEE ON BANKING, HOUSING, AND URBAN THORIZING THE TAKING OF A AFFAIRS PHOTOGRAPH IN THE CHAMBER Mr. LEVIN. Mr. President, I ask SENATE RESOLUTION 404—RECOG- OF THE UNITED STATES SENATE unanimous consent that the Com- NIZING THE LIFE AND WORK OF Mr. REID of Nevada (for himself and mittee on Banking, Housing, and WAR CORRESPONDENT MARIE Mr. MCCONNELL) submitted the fol- Urban Affairs be authorized to meet COLVIN AND OTHER COURA- lowing resolution; which was consid- during the session of the Senate on GEOUS JOURNALISTS IN WAR ered and agreed to: March 22, 2012, at 9:45 a.m., to conduct ZONES S. RES. 405 a hearing entitled ‘‘International Har- Mr. WHITEHOUSE (for himself, Mr. Resolved, That paragraph 1 of rule IV of the monization of Wall Street Reform: Or- SCHUMER, Mrs. GILLIBRAND, and Mr. Rules for the Regulation of the Senate Wing derly Liquidation, Derivatives, and the WYDEN) submitted the following reso- of the United States Capitol and Senate Of- Volcker Rule.’’

VerDate Mar 15 2010 04:48 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MR6.032 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S2005 The PRESIDING OFFICER. Without mittee on Veterans’ Affairs be author- Committee be discharged from any fur- objection it is so ordered. ized to meet during the session of the ther consideration of PN1376, a list of COMMITTEE ON ENVIRONMENT AND PUBLIC Senate on March 22, 2012. The Commit- 201 nominees in the Public Health WORKS tees will meet in room 345 of the Can- Service; that the nominations be con- Mr. LEVIN. Mr. President, I ask non House Office Building, beginning firmed, the motions to reconsider be unanimous consent that the Com- at 10 a.m. considered made and laid upon the mittee on Environment and Public The PRESIDING OFFICER. Without table, with no intervening action or de- Works be authorized to meet during objection it is so ordered. bate; that no further motions be in the session of the Senate on March 22, SELECT COMMITTEE ON INTELLIGENCE order to the nominations; that any re- 2012, at 10:15 a.m., in room SD–406 of Mr. LEVIN. Mr. President, I ask lated statements be printed in the the Dirksen Senate Office Building to unanimous consent that the Select Record; that President Obama be im- conduct a hearing entitled ‘‘Environ- Committee on Intelligence be author- mediately notified of the Senate’s ac- mental Protection Agency Fiscal Year ized to meet during the session of the tion. 2013 Budget Hearing.’’ Senate on March 22, 2012, at 2:30 p.m. The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without COONS). Without objection, it is so or- objection it is so ordered. objection, it is so ordered. dered. The nominations considered and con- COMMITTEE ON HEALTH, EDUCATION, LABOR, SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- firmed are as follows: AND PENSIONS AGEMENT, GOVERNMENT INFORMATION, FED- Mr. LEVIN. Mr. President, I ask ERAL SERVICES, ND INTERNATIONAL SECURITY IN THE PUBLIC HEALTH SERVICE unanimous consent that the Com- Mr. LEVIN. Mr. President, I ask To be surgeon mittee on Health, Education, Labor, unanimous consent that the Com- Peter S. Airel and Pensions be authorized to meet, mittee on Homeland Security and Gov- Leanne M. Fox during the session of the Senate to con- ernmental Affairs’ Subcommittee on Edith R. Lederman Suzette W. Peng duct a hearing entitled ‘‘Stay-at-Work Federal Financial Management, Gov- and Back-to-Work Strategies: Lessons Tiffany M. Snyder ernment Information, Federal Serv- Daniel S. Vanderende from the Private Sector’’ on March 22, ices, and International Security be au- To be senior assistant surgeon 2012, at 10:15 a.m., in room 430 of the thorized to meet during the session of Andrew H. Baker Dirksen Senate Office Building. the Senate on March 22, 2012, at 10 The PRESIDING OFFICER. Without Eli T. Lotsu a.m., to conduct a hearing entitled, To be dental officer objection it is so ordered. ‘‘New Audit Finds Problems in Army Carol J. Wong COMMITTEE ON FOREIGN RELATIONS Military Pay.’’ Mr. LEVIN. Mr. President, I ask The PRESIDING OFFICER. Without To be senior assistant dental officer unanimous consent that the Com- objection it is so ordered. Ann N. Truong To be assistant dental officer mittee on Foreign Relations be author- SUBCOMMITTEE ON HEALTH CARE ized to meet during the session of the Mr. LEVIN. Mr. President, I ask Melissa L. Aylworth Senate on March 22, 2012. at 2:15 p.m. unanimous consent that the Sub- To be assistant nurse officer The PRESIDING OFFICER. Without committee on Health Care of the Com- Brutrinia S. Arellano objection it is so ordered. mittee on Finance be authorized to Jason J. Brown Patricia K. Carlock COMMITTEE ON INDIAN AFFAIRS meet during the session of the Senate Mr. LEVIN. Mr. President, I ask Kristen M. Cole on March 22, 2012, at 10 a.m., in room James A. Daugherty unanimous consent that the Com- 215 of the Dirksen Senate Office Build- Ellen I. Dieuluste mittee on Indian Affairs be authorized ing, to conduct a hearing entitled Symphosia A. Forbin to meet during the session of the Sen- ‘‘Prescription Drug Abuse: How are Marcus S. Foster ate on March 22, 2012. at 2:15 p.m. in Medicare and Medicaid Adapting to the Rebecca Garcia room 628 of the Dirksen Senate Office Challenge?’’ Cynda G. Hall Building. The PRESIDING OFFICER. Without Dustin K. Hampton Anastasia A. Hansen The PRESIDING OFFICER. Without objection, it is so ordered. objection it is so ordered. Temika N. Hardy-Lovelock SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS Carita K. Holman COMMITTEE ON THE JUDICIARY Mr. LEVIN. Mr. President, I ask Ick H. Kim Mr. LEVIN. Mr. President, I ask unanimous consent that the Sub- Patrice M. Leflore unanimous consent that the Com- committee on Public Lands and For- Stephanie K. Marion mittee on the Judiciary be authorized ests be authorized to meet during the Myrtle Massicott to meet during the session of the Sen- Randa K. Merizian session of the Senate on March 22, 2012, Randoshia M. Miller ate, on March 22, 2012. at 10 a.m., in at 2:30 p.m., in room 366 of the Dirksen room SD–226 of the Dirksen Senate Of- Gustavo N. Miranda Senate Office Building. Nicole A. Mitchell fice Building, to conduct an executive The PRESIDING OFFICER. Without Vera C. Moses business meeting. objection, it is so ordered. Nathan A. Moyer The PRESIDING OFFICER. Without Damian P. Parnell f objection it is so ordered. Bryan Smith COMMITTEE ON SMALL BUSINESS AND PRIVILEGES OF THE FLOOR Juula Stutts ENTREPRENEURSHIP Linda A. Tondreau Mr. HARKIN. Mr. President, I ask Wayne A. Weissinger Mr. LEVIN. Mr. President, I ask unanimous consent that Tyler unanimous consent that the Com- Paul A. Wong Bischoff, Sam Jones, and Nicole Burda Katrin E. Wood mittee on Small Business and Entre- of my staff be granted floor privileges To be junior assistant nurse officer preneurship be authorized to meet dur- for the duration of today’s proceedings. ing the session of the Senate on March Jessica M. Allen The ACTING PRESIDENT pro tem- Nicholas R. Bahner 22, 2012. at 10 a.m. in room 432 of the pore. Without objection, it is so or- Trevor A. Baird Russell Senate Office building to con- dered. Jason E. Bauer duct a roundtable entitled ‘‘A Spot- Shannon D. Braune f light on Small Business Investment Kendall G. Brown Companies and Their Role in the En- EXECUTIVE SESSION Stacey L. Bruington trepreneurship Ecosystem.’’ Kassidy L. Burchett The PRESIDING OFFICER. Without Andrew J. Colburn objection it is so ordered. EXECUTIVE CALENDAR Aida Coronado-Garcia Marlene Corrales COMMITTEE ON VETERANS’ AFFAIRS Mr. REID. Mr. President, I ask unan- John F. Ehrhart II Mr. LEVIN. Mr. President, I ask imous consent that the Senate proceed Sharice N. Elzey unanimous consent that the Com- to executive session and the HELP Lindsay J. Gregory

VerDate Mar 15 2010 03:02 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.036 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S2006 CONGRESSIONAL RECORD — SENATE March 22, 2012 Jeremy V. Hyde Jason R. Wagner The PRESIDING OFFICER. Without Everard A. Irish Corinne M. Woods objection, it is so ordered. Marthania Jean-Baptiste Peng Zhou The nomination considered and con- Billye R. Jimerson To be assistant therapist firmed is as follows: Lynn C. Johnson Russell J. Case IN THE NAVY Jeremy J. Liesveld William A. Church Yvette E. Macklin Andrew M. Hayes The following named officer for appoint- Bryce A. May Amanda C. McDonald ment in the United States Navy to the grade Matthew A. Meyers Jeffrey G. Middleton indicated under title 10, U.S.C., section 624: Alexander N. Njunge To be assistant health services officer To be rear admiral Joyce E. Ogbu Rear Adm. (lh) Cynthia A. Covell Okenzie N. Okoli Cara Alexander Ignatius E. Otteh Henry J. Allen f Vanessa S. Parrish Ayana R. Anderson Leslie J. Poudrier Melka F. Argaw LEGISLATIVE SESSION Pilar M. Prince Shenena A. Armstrong The PRESIDING OFFICER. The Sen- Gina L. Ryan Tyson J. Baize Kimberly U. Blackshear ate will now return to legislative ses- Josue S. Sanchez sion. Celeste M. Seger Monique M. Branch Christopher D. Snyder Onieka T. Carpenter f Ini B. Upke Jeffrey M. Cox Candice R. Wells Emily T. Crarey PERMITTING USE OF CAPITOL Jessica L. Damon ROTUNDA To be assistant engineer Terri C. Davis Kenneth Chen Ginelle O. Edmondson Mr. REID. Mr. President, I ask unan- Peter Littlehat, Jr. Alyson B. Eisenhardt imous consent that the Senate proceed Lindsay Q. Quarrie Jason W. Engel to the consideration H. Con. Res. 108, To be junior assistant engineer Laura M. Erhart which was received from the House and Rafael Gonzalez Aisha S. Faria is at the desk. Juana F. Figueroa To be assistant scientist The PRESIDING OFFICER. Mia L. Foley The clerk will report the concurrent Shane T. Eynon Israel Garcia Nelson H. Guadalupe Michael H. Hansen resolution by title. Madeline I. Maysonet-Gonzalez Paul D. Hoffman The legislative clerk read as follows: Leah R. Miller Keemia S. Hurst A concurrent resolution (H. Con. Res. 108) Sara A. Villarreal Margaret A. Kemp permitting the use of the Rotunda of the To be assistant environmental health officer Brian L. Lees Capitol for a ceremony as part of the com- Travis J. Mann Christopher D. Dankmeyer memoration of the days of remembrance of Leticia M. Manning Kai E. Elgethun victims of the Holocaust. Michelle A. Matthey Michelle E. Kenney There being no objection, the Senate Christopher J. Meyer To be junior assistant environmental health Ethny Obas proceeded to consider the concurrent officer Dustin J. Oxford resolution. Elizabeth A. Smith Victoria L. Parsons Mr. REID. Mr. President, I ask unan- To be assistant veterinary officer Seraphine A. Pitt Barnes imous consent that the resolution be Yandace K. Brown Phillip K. Pope agreed to, the motion to reconsider be Kristin M. Racz To be assistant pharmacist laid upon the table, with no inter- Diyo R. Rai vening action or debate, and that any Adewale A. Adeleye Marquita D. Robinson statements related to the measure be Todd D. Angle Alyson S. Rose-Wood Nabeel Babaa Jeffery R. Showalter printed in the RECORD. Jonathan R. Boress Sarah E. Swift The PRESIDING OFFICER. Without Mitchell W. Bowen Devin N. Thomas objection, it is so ordered. Kevin L. Cummings To be junior assistant health services officer The concurrent resolution (H. Con. Chaka N. Cunningham Kelly Abraham Res. 108) was agreed to. Jordan C. Davis Matthew R. Beymer Melanee M. Davis f Chawntel M. Cartee Lindsay E. Davison Jana L. Caylor RECOGNIZING THE LIFE AND Tyler C. Dreese Louis R. Corbin WORK OF COURAGEOUS JOUR- Kendra N. Ellis Kimisha L. Griffin Gustave A. Gabrielson NALISTS Richard W. Kreutz Carlisha S. Gentles Shawn M. Nickle Mr. REID. Mr. President, I ask unan- Andrews A. Gentles Carloyn L. Noyes imous consent that we now proceed to Monica M. Haddican Raymond A. Puerini S. Res. 404. Susan E. Hagy Jezaida Rivera The PRESIDING OFFICER. The Shane E. Henry Yolanda L. Rymal Cindy C. Hong clerk will report the resolution by Letisha S. Secret Lindsay R. Krahmer title. Jerome R. Simpson II Benjamin N. Le The legislative clerk read as follows: Donnamarie A. Spencer Gina L. Luginbill Jason E. Stevens A resolution (S. Res. 404) recognizing the Justin A. Mathew Katie R. Watson life and work of war correspondent Marie Regina L. Miller Tracee R. Watts Colvin and other courageous journalists in John P. Mistler Shambrekia N. Wise war zones. Vanessa R. Muller There being no objection, the Senate Trami T. Nguyen Mr. REID. Mr. President, I ask unan- Uchechukwu A. Nwobodo imous consent that the Senate proceed proceeded to consider the resolution. Bum-Jun Oh to consider the following nomination: Mr. REID. I ask unanimous consent Long T. Pham Calendar No. 226; that the nomination that the resolution be agreed to, the Forge X. Pham be confirmed, the motion to reconsider preamble be agreed to, the motions to Kelly H. Pham be laid upon the table, with no inter- reconsider be laid upon the table, with Joseph S. Smith vening action or debate; that no fur- no intervening action or debate, and Brian C. Tieu ther motions be in order to the nomi- any statements relating to the resolu- Ruby Tiwari tion be printed in the RECORD. Allen R. Tran nation; that any related statements be Jayson L. Tripp printed in the RECORD; that the Presi- The PRESIDING OFFICER. Without Jeffrey Vang dent be immediately notified of the objection, it is so ordered. Jason K. Vankirk Senate’s action, and the Senate resume The resolution (S. Res. 404) was Phuong-Anh T. Vu legislative session. agreed to.

VerDate Mar 15 2010 03:02 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MR6.014 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE March 22, 2012 CONGRESSIONAL RECORD — SENATE S2007 The preamble was agreed to. A resolution (S. Res. 405) authorizing the the adjournment of the Senate, the The resolution, with its preamble, taking of a photograph in the Chamber of RECORD remain open until 7:15 p.m. this reads as follows: the United States Senate. evening for the submission of written There being no objection, the Senate S. RES. 404 colloquies. proceeded to consider the resolution. The PRESIDING OFFICER. Without Whereas The Sunday Times reporter Marie Mr. REID. I ask unanimous consent Colvin was killed during the shelling of a objection, it is so ordered. makeshift media center in the Baba Amr that the resolution be agreed to and f that the motion to reconsider be laid neighborhood of the besieged Syrian city of ORDERS FOR MONDAY, MARCH 26, Homs on February 22, 2012, along with upon the table, with no intervening ac- French photographer Re´mi Ochlik; tion or debate. 2012 Whereas Ms. Colvin leaves behind a be- The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- loved family where she grew up in the State objection, it is so ordered. imous consent that when the Senate of New York, was educated and began her The resolution (S. Res. 405) was completes its business today, it ad- journalistic career in the United States, and agreed to as follows: journ until Monday, March 26, at 2 throughout her career as one of the foremost S. RES. 405 p.m.; that following the prayer and war correspondents of her generation exem- Resolved, That paragraph 1 of rule IV of the plified American values of humanity, ac- pledge, the Journal of proceedings be Rules for the Regulation of the Senate Wing approved to date, the morning hour be countability, decency, transparency, and of the United States Capitol and Senate Of- courage; deemed expired, and the time for the fice Buildings (prohibiting the taking of pic- two leaders be reserved for their use Whereas Ms. Colvin worked with relentless tures in the Senate Chamber) be temporarily bravery to report on the recent uprising in suspended for the sole and specific purpose of later in the day; that following any Syria and to expose crimes against human- permitting the Senate Photographic Studio leader remarks, the Senate be in a pe- ity, human-rights violations, and the rav- to photograph the United States Senate in riod of morning business until 4:30 ages of war in conflict zones throughout the actual session on Tuesday, March 27, 2012, at p.m., with Senators permitted to speak world, including the Balkans, the Chechen the hour of 2:15 p.m. therein for up to 10 minutes each; that Republic, Libya, and Sri Lanka, where she SEC. 2. The Sergeant at Arms of the Senate following morning business the Senate was seriously wounded and lost vision in 1 is authorized and directed to make the nec- resume consideration of the motion to eye; essary arrangements therefore, which ar- Whereas Ms. Colvin shed light on human- rangements shall provide for a minimum of proceed to Calendar No. 337, S. 2204, the rights violations through her courageous re- disruption to Senate proceedings. Repeal Big Oil Tax Subsidies Act, with the time until 5:30 p.m. equally divided porting on how these conflicts affected the f lives of individuals; and controlled between the two leaders Whereas the actions of Ms. Colvin in MEASURES READ THE FIRST or designees; further, that the cloture Timor-Leste are widely credited with avert- TIME—H.R. 5, S. 2230, AND S. 2231 vote on the motion to proceed to S. ing a massacre; Mr. REID. Mr. President, I am told 2204 be at 5:30 p.m. on Monday, and Whereas Ms. Colvin said, ‘‘Covering a war there are three bills at the desk due for that if cloture is not invoked, there be means going to places torn by chaos, de- 2 minutes of debate, equally divided in struction, and death, and trying to bear wit- a first reading, and I ask unanimous ness. It means trying to find the truth in a consent that the clerk report all three. the usual form, prior to the cloture sandstorm of propaganda when armies, tribes The PRESIDING OFFICER. The vote on the motion to proceed to S. or terrorists clash. And yes, it means taking clerk will report the bills by title for 1789. risks, not just for yourself but often for the the first time. The PRESIDING OFFICER. Without people who work closely with you.’’; The legislative clerk read as follows: objection, it is so ordered. Whereas the work of Ms. Colvin exempli- A bill (H.R. 5) to improve patient access to f fies the best qualities of journalism; health care services and provide improved Whereas Ms. Colvin was awarded the 2000 medical care by reducing the excessive bur- PROGRAM Courage in Journalism Award from the den the liability system places on the health Mr. REID. Mr. President, there will International Women’s Media Foundation care delivery system. be up to two rollcall votes on Monday for behind-the-lines action in Kosovo and the A bill (S. 2230) to reduce the deficit by im- posing a minimum effective tax rate for at about 5:30. The first vote will be a Chechen Republic, twice named Foreign Re- cloture vote on the motion to proceed porter of the Year at the British Press high-income taxpayers. Awards, named the Journalist of the Year by A bill (S. 2231) to amend the Federal Credit to S. 2204. If cloture is not invoked, the Foreign Press Association in 2000, and Union Act, to advance the ability of credit there will be a second cloture vote on named Woman Journalist of the Year by the unions to promote small business growth and the motion to proceed to S. 1789, the Foreign Press Association in 2010; and economic development opportunities, and for postal reform bill. other purposes. Whereas Ms. Colvin and brave journalists f have lost their lives serving as the con- Mr. REID. Mr. President, I now ask science of the world: Now, therefore, be it for a second reading on each of the ADJOURNMENT UNTIL MONDAY, Resolved, That the Senate— three bills but object to my own re- MARCH 26, 2012, AT 2 P.M. (1) extends its sympathy to the families of quest. Mr. REID. Mr. President, if there is Ms. Colvin and other reporters who have died The PRESIDING OFFICER. Objec- no further business to come before the reporting from conflict zones; tion is heard. The bills will be read for (2) recognizes the bravery of Ms. Colvin Senate, I ask that it adjourn under the the second time on the next legislative previous order. and other correspondents and photographers day. who have lost their lives while exposing the There being no objection, the Senate, truth; f at 6:28 p.m., adjourned until Monday, (3) calls on the world community to honor APPOINTMENT March 26, 2012, at 2 p.m. the memories of Ms. Colvin and other report- f ers; and The PRESIDING OFFICER. The (4) calls on the government of Syria to halt chair, on behalf of the President pro DISCHARGED NOMINATIONS the brutal attacks against the people of tempore, upon the recommendation of The Senate Committee on Health, Syria and to respect their human rights. the Republican leader, pursuant to Education, Labor, and Pensions was Public Law 105–292, as amended by Pub- f discharged from further consideration lic Law 106–55, Public Law 107–228, and of the following nominations by unani- AUTHORIZING SENATE CHAMBER Public Law 112–75, appoints the fol- mous consent and the nominations PHOTOGRAPH lowing individual to the United States were confirmed: Commission on International Religious PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING Mr. REID. Mr. President, I ask unan- Freedom: Dr. M. Zuhdi Jasser of Ari- WITH PETER S. AIREL AND ENDING WITH SHAMBREKIA N. imous consent that the Senate proceed zona, Vice Richard D. Land. WISE, WHICH NOMINATIONS WERE RECEIVED BY THE to the consideration of S. Res. 405, sub- SENATE AND APPEARED IN THE CONGRESSIONAL f RECORD ON FEBRUARY 13, 2012. mitted earlier today. f The PRESIDING OFFICER. The AUTHORITY FOR RECORD TO clerk will report the resolution by REMAIN OPEN CONFIRMATIONS title. Mr. REID. Mr. President, I ask unan- Executive nominations confirmed by The legislative clerk read as follows: imous consent that notwithstanding the Senate March 22, 2012:

VerDate Mar 15 2010 04:48 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 9801 E:\CR\FM\G22MR6.078 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE S2008 CONGRESSIONAL RECORD — SENATE March 22, 2012

IN THE NAVY THE JUDICIARY PUBLIC HEALTH SERVICE

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID NUFFER, OF UTAH, TO BE UNITED STATES DIS- PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING IN THE UNITED STATES NAVY TO THE GRADE INDICATED TRICT JUDGE FOR THE DISTRICT OF UTAH. WITH PETER S. AIREL AND ENDING WITH SHAMBREKIA N. UNDER TITLE 10, U.S.C., SECTION 624: RONNIE ABRAMS, OF NEW YORK, TO BE UNITED STATES WISE, WHICH NOMINATIONS WERE RECEIVED BY THE DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF NEW SENATE AND APPEARED IN THE CONGRESSIONAL To be rear admiral YORK. RECORD ON FEBRUARY 13, 2012. RUDOLPH CONTRERAS, OF VIRGINIA, TO BE UNITED REAR ADM. (LH) CYNTHIA A. COVELL STATES DISTRICT JUDGE FOR THE DISTRICT OF COLUM- BIA.

VerDate Mar 15 2010 03:02 Mar 23, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 9801 E:\CR\FM\A22MR6.002 S22MRPT1 smartinez on DSK6TPTVN1PROD with SENATE