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

Vol. 158 WASHINGTON, WEDNESDAY, MARCH 21, 2012 No. 47 Senate The Senate met at 9:30 a.m. and was appoint the Honorable KIRSTEN E. GILLI- AFFORDABLE HEALTH CARE ACT called to order by the Honorable BRAND, a Senator from the State of New Mr. DURBIN. Madam President, York, to perform the duties of the Chair. KIRSTEN E. GILLIBRAND, a Senator from there has been a lot of discussion about the State of New York. DANIEL K. INOUYE, President pro tempore. the affordable health care act passed by Congress. In fact, just next week, Mrs. GILLIBRAND thereupon as- PRAYER across the street, the Supreme Court sumed the chair as Acting President The Chaplain, Dr. Barry C. Black, of- will take up this bill and decide wheth- pro tempore. fered the following prayer: er it is constitutional. It is an impor- Let us pray. f tant decision. It is one that will affect O God, who loves us without ceasing, millions of Americans, and scarcely we turn our thoughts toward You. Re- RECOGNITION OF THE MAJORITY anyone understands the impact of this main with our Senators today so that LEADER law and what it means to their daily for no single instance they will be un- The ACTING PRESIDENT pro tem- lives. aware of Your providential power. pore. The majority leader is recog- The first aspect I wish to speak about We thank You for Your infinite love nized. is the most controversial aspect of it, that permits us to make mistakes yet the so-called individual mandate. What f still grow in grace and a knowledge of is it? From my point of view, it is a You. Lord, save us from any evil course SCHEDULE basic method of saying to everyone in America: You have a personal responsi- or idle path that leads away from Your Mr. REID. Madam President, fol- bility. You cannot say you are just not will. Today, we pray for the President lowing leader remarks the Senate will going to buy any health insurance; of the United States and for the leaders be in a period of morning business for that you don’t think you are ever going in every land. Help them to bear their 1 hour, with the majority controlling responsibilities with honor, and, Lord, to need it and are not going to worry the first half and the Republicans con- about it. today we also thank You for the amaz- trolling the final half. ing career of Senator BARBARA MIKUL- The problem is, of course, those peo- Following morning business the Sen- ple who make that statement get sick. SKI. ate will resume consideration of the We pray in Your holy Name. Amen. Some of them get involved in acci- capital formation bill. At approxi- dents. Some go to a doctor and are di- f mately 10:40 this morning, there will be agnosed with terrible illnesses and dis- PLEDGE OF ALLEGIANCE a cloture vote on the IPO bill. eases that require treatment and sur- The Honorable KIRSTEN E. GILLI- f gery, and that costs a lot of money. BRAND led the Pledge of Allegiance as The uninsured people show up at hos- RESERVATION OF LEADER TIME follows: pitals. They are not pushed away; they are invited in. They receive the treat- I pledge allegiance to the Flag of the Mr. REID. Will the Chair announce United States of America, and to the Repub- the business of the day. ment. Then they can’t pay for it. lic for which it stands, one nation under God, The ACTING PRESIDENT pro tem- It turns out that 63 percent of the indivisible, with liberty and justice for all. pore. Under the previous order, the medical care given to uninsured people in America isn’t paid for—not by them. f leadership time is reserved. It turns out the rest of us pay for it. APPOINTMENT OF ACTING f Everyone else in America who has PRESIDENT PRO TEMPORE MORNING BUSINESS health insurance has to pick up the The PRESIDING OFFICER. The cost for those who did not accept their The ACTING PRESIDENT pro tem- clerk will please read a communication personal responsibility to buy health pore. Under the previous order, the to the Senate from the President pro insurance. Senate will be in a period of morning tempore (Mr. INOUYE). So, so what? What difference does business for 1 hour, with Senators per- The assistant legislative clerk read that make? It makes a difference. It mitted to speak therein for up to 10 the following letter: adds $1,000 a year to our health insur- minutes, with the time equally divided ance program. In other words, you and U.S. SENATE, and controlled between the two leaders me and everyone with health insurance PRESIDENT PRO TEMPORE, Washington, DC, March 21, 2012. or their designees, with the majority is subsidizing those people who say: To the Senate: controlling the first half and the mi- Don’t mandate anything on me. Don’t Under the provisions of rule I, paragraph 3, nority controlling the final half. tell me I have a personal responsi- of the Standing Rules of the Senate, I hereby The Senator from Illinois. bility. But when I get sick, you can pay

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

S1873

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VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.000 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1874 CONGRESSIONAL RECORD — SENATE March 21, 2012 for it. That is what the individual man- Indeed, for all the bristling over the man- have to. I think everyone in this coun- date comes down to. date, it will be irrelevant to the 80 percent of try should accept that responsibility. I listen to those who say, well, this is non-elderly Americans who already have in- There are some other aspects of the just too darn much government to say surance, either through their employers, affordable health care act which we government programs, or purchased on their don’t hear talked about from those who that people who can afford it need to own. have health insurance. Keep in mind, The biggest real-world risk to these people are calling for its repeal. Let me tell this health care bill says if people can- would be if the court were to overturn the my colleagues one. Do you have a child not afford it—if they are too poor or mandate yet allow the rest of the health- graduating from college, looking for a their income is limited—there is a care law to remain in place, driving pre- job? I have been in that circumstance. helping hand, not only in the Tax Code miums ever upward. My wife and I raised three children. but even through Medicaid to make Amazingly, Republicans have managed to Some of them found a job, but it took sure they have affordable health care transform the mandate from an exemplar of a little while. While they were looking personal responsibility into the biggest pub- insurance which will never cost them lic policy bogeyman of all time. for a job, did you ever say to your son more than 8 percent of their income. A The irony of the fight over the mandate is or daughter fresh out of college: How lot of American families would jump at that President Obama was against it before about health insurance. They probably health insurance that would only cost 8 he was for it. During the 2008 campaign, one said to you: Sorry, Mom; sorry, Dad. I percent of their income. But the law of the signature differences between Obama can’t do that now. When I get a job, I says people have to be willing to pay and Hillary Clinton was that Clinton’s will get back to it. But I feel just fine. up to 8 percent of their income to have health plan included an individual mandate I feel just fine. whereas Obama’s mandate covered only chil- It doesn’t work that way, and any re- health insurance. The reason, of dren. course, is if they don’t pay, everyone Once elected, Obama quickly recognized sponsible parent knows it. So we else pays. If they get sick, they cost us the inescapable truth: An individual man- changed the law, and here is what we $116 billion a year in uncompensated date was essential to make the plan work. said: If you have family health insur- health care coverage paid for those who Without that larger pool of premium-payers, ance, it can cover your son or daughter do not accept their personal responsi- there is no feasible way to require insurance up to the age of 26. That expanded the bility to buy health insurance. companies to cover all applicants and charge reach of health insurance coverage. It Ruth Marcus has an article in this the same amount, regardless of their heath covered these young college graduates status. morning’s Washington Post, and I ask In part, hostility to the mandate reflects a and young people looking for work so unanimous consent that it be printed broader uneasiness with the perceived en- they had that protection even when in the RECORD. croachment of big government. they were unemployed. There being no objection, the mate- In the Kaiser poll, 30 percent of those who So did it make any difference? rial was ordered to be printed in the opposed the mandate cited government over- Thanks to this provision, 2.5 million RECORD, as follows: reach as the biggest reason. Not surpris- young people have gained coverage na- [From the Washington Post, Mar. 20, 2012] ingly, twice as many Republicans (40 per- tionwide, and 102,000-plus in my State cent) cited that reason as did Democrats (18 of Illinois. That means for 2.5 million 116 BILLION REASONS TO BE FOR THE percent). INDIVIDUAL MANDATE But opposition to the mandate also stems parents, some peace of mind, knowing (By Ruth Marcus) from the public’s failure to understand—or, their kids are covered by the family The most compelling sentences in the alternatively, the administration’s failure to plan. That was part of this bill which Obama administration’s brief defending the communicate—basic facts. many Republican Presidential can- constitutionality of the health-care law For example, Kaiser found that when peo- didates are saying they want to repeal. come early on. ‘‘As a class,’’ the brief advises ple were told that most Americans ‘‘would Really? Do you want to explain that to on Page 7, ‘‘the uninsured consumed $116 bil- automatically satisfy the requirement be- 2.5 million families who have the peace lion of health-care services in 2008.’’ cause they already have coverage through of mind that their son or daughter is On the next page, the brief drives the point their employers,’’ favorability toward the home: ‘‘In 2008, people without insurance did mandate nearly doubled, to 61 percent. covered with health insurance up to not pay for 63 percent of their health-care Favorable attitudes rose to nearly half the age of 26? costs.’’ when people were told that without the man- How about the seniors paying for Those figures amount to a powerful refuta- date, insurance companies would still be al- their Medicare prescription drug bills. tion of the argument that the individual lowed to deny coverage to those who are There was this doughnut hole, which mandate—the requirement that individuals sick; that without the mandate people would means if seniors have prescription obtain insurance or pay a penalty—exceeds wait until they were sick to purchase insur- drugs covered by Medicare and they are the government’s authority to regulate ance, driving up premium costs; or that expensive, they will reach a point dur- those unable to afford coverage are exempt. interstate commerce. To me, $116 billion ing the course of a year when they seems like a whole lot of commerce. ‘‘People don’t understand how the mandate But let’s leave the Supreme Court justices works at all and they don’t understand why have to go into their savings to pay for to hack their way through the underbrush of it’s there,’’ Kaiser’s polling director, about $2,000 worth of prescription drugs the Commerce Clause. Because those num- Mollyann Brodie, told me. before the government comes back and bers are not only relevant to Commerce Brodie suspects that it’s too late to change starts helping them again. We started Clause jurisprudence, they illuminate the minds. ‘‘This law as a whole has really be- closing that doughnut hole, closing fundamental irrationality of public opposi- come a symbolic issue to people and they that gap, giving $250 of that $2,000 they tion to the individual mandate. really aren’t open to information,’’ she said. have to pay back to people in a rebate The mandate is by far the most unpopular Maybe, but the administration must keep feature of a law on which Americans are oth- trying—not only to sell the law’s goodies but initially, and then providing a discount erwise evenly divided. A Kaiser Family to explain how the mandate makes them pos- on drugs for seniors. That is part of af- Foundation poll this month found that two- sible. Otherwise, they could end up winning fordable care. That is part of what the thirds of those surveyed disliked the man- the minds of the justices, yet losing the Republicans scream is ObamaCare. date. Even among Democrats, a majority (53 hearts of the people whose votes they need to Is it a good idea? Well, just ask percent) opposed the requirement; independ- keep the law in place. 152,000 Medicare recipients in Illinois ents (66 percent) and Republicans (77 per- Mr. DURBIN. Madam President, this who have received this rebate to help cent) were even more hostile. article spells it out. This issue of an in- pay for their prescription drugs. Ask Yet this is a provision that the over- whelming majority—those with insurance— dividual mandate is an issue of per- 144,000 seniors in Illinois who have re- should support, for the simple reason that sonal responsibility. If you believe ceived a 50-percent discount on drug these people currently end up footing the bill someone should be able to walk away costs, and then ask the millions across for much of that $116 billion. from their responsibility to have America who have benefited. We are As the government’s brief notes, ‘‘Congress health coverage they can afford and giving people on fixed incomes and lim- found that this cost-shifting increases the that their medical bills should be your ited savings a helping hand so they can average premium for insured families by family’s responsibility, then cheer on have the prescription drugs they need more than $1,000 per year.’’ In other words, those worried about having all these folks who are saying we are to be healthy and strong and safe and to pay ever-higher premiums should be clam- going to repeal ObamaCare. That is independent. Is that what you want to oring for the individual mandate, not agi- what it boils down to. Do you want to be when you are a senior? Most of us tating for repeal. pay their bills? I don’t think we should do, and this bill helps.

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.004 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1875 Third, this bill basically covers pre- I will tell my colleagues this: We seniors pay for their Medicare prescrip- ventive services. We all know the know sensible regulation of insurance tion drugs. They are turning their back story: Get in and see a doctor for a coverage gives people peace of mind on families with young children fresh colonoscopy or a mammogram. Early and gives families a chance to know out of college looking for jobs, with no detection and treatment is money their child with a challenge or a prob- health insurance coverage. They are in- saved and lives saved. We extended pre- lem is still going to get the very best viting the insurance companies to once ventive care under Medicare. For 1.3 medical care. again turn down your child and your million Medicare recipients in Illi- There is something called lifetime family because of a preexisting condi- nois—just in my State, 1.3 million; limits, which is another change. You tion. They are saying, once again: Let’s more in the Presiding Officer’s State— go to the doctor, and the doctor says: get into the world of lifetime limits on they have preventive care now that Well, sorry to tell you, but you have insurance no matter how much health they didn’t have before. It means they been diagnosed with a form of cancer. care costs. are likely to stay healthy longer and We can treat it. It is going to take ag- That is their idea of a future—not cost less to our health care system. gressive chemo, radiation, maybe even mine, not my family’s. I have lived This is another aspect they want to re- surgery. It is going to take some time, through part of this. Many others have peal, those who are running against the and it is going to cost some money, but as well. So when you hear their cheer- affordable care act, running against at the end of the day we are going to ing crowds about repealing the afford- the health care bill President Obama save your life, and you are going to able care act, hoping the Supreme has pushed for. live. You are going to live to see your Court finds some aspect unconstitu- There is also a provision which says daughter’s wedding, and you are going tional, step back and ask those cheer- insurance companies have to spend 80 to live to see your grandchildren. ing crowds about their own health in- percent of the premiums they collect— Then you get into it. You say: I am surance. 80 percent—on actual medical care. determined, my family is with me. I The last thing I want to say is this. They can take 20 percent for profits am going to pray for it and get the It is interesting that Senators are de- and administrative costs and the like right outcome. bating this. You ought to see our but 80 percent on actual medical care. Guess what happens. It turns out the health insurance. You ought to see The State of Minnesota already had cost blows the lid off your health insur- what we have as Members of Congress. that on the books, and it worked. So ance coverage. You had a lifetime limit We have the Federal Employees Health we said let’s do it nationwide so if pre- on how much they would pay, which Benefits Program. Guess what. It is a miums go up, it is to reimburse health you never thought you would use until government-administered program. Oh, care—not to take out in profits, not to that diagnosis came down. So now we my goodness. You mean Republican take it out in bonuses, not to spend on have basically said we are removing Senators are part of a government-ad- an advertising budget for an insurance lifetime limits on health care. That is ministered health care program? Yes. company. That is a big change. The in- part of ObamaCare. That is part of the And you mean to tell me they have to surance companies hate it like the affordable care act. deal with an insurance exchange? Yes. devil hates holy water, and the Repub- So I say to my Republican friends That is what the Federal Employees lican Presidential candidates want to and those running for President: You Health Benefits Program is. repeal it. I think it is a sensible change want to go to the American Cancer So- Eight million Federal employees and to ensure coverage and one that we ciety and enter into a debate with their families choose once a year—in ought to protect, not prohibit. them about whether lifetime limits are my case from nine different plans that There are other provisions in this law the right thing to do? They are going cover Illinois. We like our coverage in as well, but one that affects me person- to explain to you thousands and thou- my family. Federal employees like ally and has affected, I am sure, thou- sands of American examples of why their coverage. Senators like their cov- sands of Americans is the question of people with lifetime limits end up in a erage. But when it comes to extending preexisting conditions. Do you have tragic situation where they need more this same benefit to every other Amer- one? A lot of people do. A lot of people coverage, they need more care. Their ican, oh, what a horror story; that is don’t even know they have one. Some- lives can be saved, but their health too much government. Really? If you times insurance companies dream care coverage is cut off. That was the are a person of principle and believe a them up. They would deny coverage for old days. That was before the afford- government-administered health care health insurance if somebody had—get able care act. plan is too much government, step up ready—acne, a preexisting condition so So those who want to repeal it stand here in the well and tell people: I am no coverage. If there is a history of sui- up and get cheering crowds. In those giving up my Federal health insurance. cide in a family, they would deny them cheering crowds are cancer patients. I have not heard a single Republican health care coverage, preexisting con- They ought to stop and think before Senator say that—not one. So let’s find dition. they start cheering and know what out. When we come down to the ques- Let me just say to every parent lis- they are cheering for. tion about health care insurance for all tening: Thank the Lord if your child The affordable care act is a sensible, Americans, I think they deserve at doesn’t have asthma, diabetes, or reasonable step in a direction toward least the kind of coverage that Mem- something more serious because until containing health care costs and mak- bers of Congress have. the affordable care act was passed, that ing health care insurance coverage Madam President, I yield the floor. was enough to disqualify your child fairer for Americans all across our Na- f and maybe your family from health in- tion. surance coverage. Oh, they can’t wait Is it a perfect law? Of course not. As RECOGNITION OF THE MINORITY to repeal that. They say: Let’s repeal I have said many times, the only per- LEADER ObamaCare. Let’s get rid of that pre- fect law I am aware of was carried The ACTING PRESIDENT pro tem- existing condition provision, and let down a mountain on clay tablets by pore. The Republican leader is recog- those insurance companies deny cov- Senator Moses. Ever since, we have nized. erage. done our best. We can always do better, f America, is that what you want? Is and I am open to change, I am open to that what you are looking for? Is that improvement. But for those who want JOBS ACT too much government to say to insur- to walk away from the affordable care Mr. MCCONNELL. Madam President, ance companies: You can’t deny chil- act, listen to what they are walking for the past several months, I and oth- dren under the age of 18 health insur- away from. ers have been calling on the Demo- ance coverage if they are victims of di- They are imposing a $1,000 premium cratic majority here in the Senate to abetes, if they have had a bout with on families to pay for the uninsured take up and pass the various bipartisan cancer, if they have asthma? Oh, some who will not accept their personal re- jobs bills that House Republicans have of these folks are for the Wild West: sponsibility to buy health insurance. been sending across the dome. These Get government out of my life. They are walking away from helping bills on their own certainly will not

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.006 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1876 CONGRESSIONAL RECORD — SENATE March 21, 2012 solve the jobs crisis, but they will pealed and replaced with the kind of Americans wanted lower costs and to make it a lot easier for entrepreneurs commonsense reforms Americans actu- have more control of their health care and innovators to get the capital they ally want. decisions, and they got the opposite in- need to build businesses and create Two years ago, then-Speaker PELOSI stead. They wanted lower premiums; jobs. And because these bills are more said: they got higher premiums. They want- concerned with getting Washington out We have to pass the bill so that you can ed a government that lives within its of the way than getting it more in- find out what is in it. means, and they got a new entitlement volved, these bills also send an impor- Well, 2 years later, here is what we instead. They wanted more options; tant message that the economy and the have found so far. they got fewer. They wanted better country are a lot better off when folks The Democrats’ health care law has care; it is going to be worse. That is have more control over their economic led and will continue to lead to higher why Americans want this bill repealed. destinies, not less. costs and hundreds of thousands of Look, this bill would be unconstitu- Last night, we were on the cusp of fewer jobs over the next decade. tional even if it did the things the passing a collection of bills known as We now know it is loaded with bro- President said it would. But the fact the JOBS Act. This bill had over- ken promises, such as the one the that it did the opposite of what he whelming bipartisan support in the President made over and over during promised means it should be repealed House. Nearly 400 Members voted for it. the health care debate. He said: either way, whether the constitu- And the President himself says it will If you like your current plan, you will be tionality of it is upheld or not. create jobs, he supports it and would able to keep it. It should say something when the sign it into law. According to the independent Con- President himself is not talking about Unfortunately, a handful of Demo- gressional Budget Office, 3 million to 5 this bill except in closed campaign crats here in the Senate wants to slow million Americans will lose their cur- events. it down. They denied Americans this rent plan each year under the most It is time to repeal this bill and re- bipartisan victory for jobs that we likely scenario. place it with the kind of commonsense could have had last night. The health care law will strip billions reforms people want—reforms that ac- So this morning I would ask our out of Medicare and increase the Med- tually lower costs, protect jobs and friends on the other side to reconsider. icaid rolls in States by nearly 25 mil- State budgets, and return health care I would ask them to put the politics lion, costing already cash-strapped decisions back to individuals and their aside and allow this bipartisan bill to States an additional $118 billion and al- doctors. That is a reform that both actually move forward. We could pock- most certainly lowering the quality of parties and all Americans could sup- et this achievement and move on to care for millions of Americans who de- port. other measures, including the reau- pend on this vital program. Madam President, I yield the floor. thorization of the Export-Import Bank, In my State of Kentucky, an esti- The ACTING PRESIDENT pro tem- which I suggested yesterday. One bill mated 387,000 more people will be pore. The Senator from Illinois. alone cannot undo the damage inflicted forced into Medicaid—at a time when f on the economy by this administra- Kentucky’s Medicaid Program is al- HEALTH CARE REFORM tion, but it sure could help, and we ready facing huge deficits just trying need to show the American people we to provide benefits to current Medicaid Mr. DURBIN. Madam President, can do this. recipients. As a result of this law, more those who have followed this debate This bill is exactly the kind of thing than a million Kentuckians or 29 per- know Members can disagree, and, obvi- Americans have been asking for: great- cent of my State’s population will soon ously, I disagree with the Republican er freedom and greater flexibility. That be on Medicaid. Kentucky’s Governor, leader on the issue of health care re- is one of the reasons it has had such a Democrat, is on record saying he has form. I would say there are a couple overwhelming bipartisan support. At a no idea—no idea—how Kentucky will elements I would add. moment when millions are looking for meet its responsibilities if the law Yes, we expand the Medicaid rolls. work and Democrats say they want forces several hundred thousand more That is health insurance for those in more bipartisan action on jobs, this is people into the State’s Medicaid Pro- low-income categories. But the Federal it. gram. The math simply does not add Government picks up the tab. It is not We are in the middle of March Mad- up. an added expense to the State govern- ness here. To use a basketball meta- This is just one example of how the ments for 4 or 5 years, and we are hop- phor: This is a layup. Let’s get it done. law is unsustainable and hurts the ing their economy gets better. f most vulnerable the most. The bottom What about the 1 million Kentuck- line is this: This health care law is an ians who are going on the Medicaid HEALTH CARE absolute mess—a mess—and the Amer- rolls? Those 1 million Kentuckians Mr. MCCONNELL. Madam President, ican people do not want it. According have no health insurance today. Will this week marks the 2-year anniver- to a Washington Post-ABC News poll they ever get sick? Will they show up sary of the President’s health care out this week, more than a half of at a hospital? Yes, they will. Who will law—one that is often described as his Americans do not like it—a figure that pay for their bills? The rest of the folks signature legislative achievement. But has not changed much at all since the living in Kentucky with health insur- you would not know it based on the Democrats forced it through Congress 2 ance and the rest of us. President’s schedule this week. For a years go. Two-thirds believe the Su- Is that fair? Do these people have a President who is not particularly shy preme Court should throw out the indi- personal responsibility to have health about taking credit even for things he vidual mandate or the whole law. insurance, as long as we help them, if did not have anything to do with, he is When it comes to the cost of health they are in lower income categories, curiously silent this week about a bill care, this law makes everything worse. pay the premiums with tax breaks and he talked about for more than a year Two and a half years ago, the President enrolling them in Medicaid? Of course before it passed. According to news re- said his health care plan would ‘‘slow they do. ports, the President does not even plan the growth of health care costs for our Accepting personal responsibility to mark the occasion. families, our businesses, and our gov- used to be the first thing the Repub- Well, we are happy—Republicans are ernment.’’ Yet the Obama administra- licans told us about their family val- very happy—to talk about it for him, tion itself now admits total spending ues. Why don’t people have to accept even though he is reluctant. We are on health care will increase by $311 bil- personal responsibility and have health happy to point out the ways in which lion under the President’s health care insurance so the cost of their care is this law has failed to live up to the law. According to the CBO, it increases not borne by their neighbors and the promises the President made about it. net Federal health spending and sub- rest of America? We are happy to make the case for why sidies on health care by $390 billion, Let me also add again, Members of this unconstitutional infringement on and drives up premiums on families by the U.S. Senate have a government-ad- America’s liberties needs to be re- $2,100 per year. ministered health care program that

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.008 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1877 protects them, their family, and their CROWDFUNDING I hope we will have a chance to vote children. They sign up for it every sin- Mr. BENNET. Madam President, in on it. I will urge my colleagues on both gle year. Not a single one has come to my townhalls we talk about a lot of sides of the aisle to see this as a real the well here and said: I am so opposed things that are very different from opportunity to take one step—not a to government-administered programs what people argue about in this place. huge step but one important step—for- I am going to stop enrolling in the One of the issues we talk about is the ward to filling this gap we see, to cre- health insurance program for Members economy. And we talk about these four ating an economy again where rising of Congress—not a one. lines, as shown on this chart. economic output also means rising f The first line is our gross domestic wages, and that rising economic output product, the economic output of the also means growing jobs. This crowd- JOB CREATION United States of America, which is funding amendment is a chance to do Mr. DURBIN. Madam President, I see higher today than it was before we it. It is bipartisan. my colleague from Colorado is on the went into this recession. A lot of peo- I have some letters of support, and I floor, and he is going to speak to an ple do not know that. We are producing ask unanimous consent that they be amendment which is very important. more than we were producing before we printed in the RECORD. The Republican leader addressed an as- went into the recession. There being no objection, the mate- pect of it. I will make a brief comment. Our productivity has gone up dra- rial was ordered to be printed in the If we want to create jobs in this matically since the early 1990s, as we RECORD, as follows: country, we know how to do it. We have responded to competition from NATIONAL SMALL BUSINESS passed a bill here last week, 74 to 22— China and India and other places, as we ASSOCIATION, a bipartisan bill. What a miracle. A bi- have used technology to enhance our Washington, DC, March 15, 2012. partisan bill passes the Senate, a bill economic output. We have the most Hon. HARRY REID, that would create 2.6 million, maybe productive economy we have ever seen. Majority Leader, Hart Senate Office Building, 2.8 million jobs—create and save that But we also face some very poten- Washington, DC. many jobs in this economy—a bill that Hon. MITCH MCCONNELL, tially catastrophic circumstances in Minority Leader, Russell Senate Office Build- will help the American economy ex- this economy, one of which is that me- ing, pand in the 21st century. What could it dian family income has fallen for the Washington, DC. possibly be? It is called the Federal last 10 years—the first time that has DEAR MAJORITY LEADER REID AND MINOR- transportation bill. We do it every 5 happened in our country’s history. ITY LEADER MCCONNELL: The National Small years. If we do not do it—if we do not And the other is that we have 23 or 24 Business Association (NSBA) supports the build the roads, the bridges, the air- million people who are unemployed or Capital Raising Online While Deterring ports, sustain passenger rail service underemployed in an economy that is Fraud and Unethical Non-Disclosure Act of and Amtrak, make certain we have producing what it was producing before 2012 (CROWDFUND Act, S. 2190), which would promote entrepreneurship, job cre- mass transit and buses around Amer- the recession happened. That is a ation and economic growth by making it ica—our economy starts to contract in- structural issue. I have spoken on this much easier for small companies to raise stead of grow. floor about the importance of edu- capital and get new ideas off the ground. We passed this bill with a strong bi- cation in that context because the This legislation represents a reasonable ef- partisan vote, thanks to Senators worst the unemployment rate ever got fort to accommodate differing points of view BOXER and INHOFE. A Democrat and a for people with a college degree during and to move this important idea forward. Republican, a progressive and a con- the worst recession since the Great De- Representing over 150,000 small-business owners across the nation, NSBA is the coun- servative, came together on the bill. 1 pression was 4 ⁄2 percent. That is a try’s oldest small-business advocacy organi- We sent it over to the House of Rep- pretty good stress test of the value of zation and greatly appreciates your leader- resentatives and they said: Sorry, we a college education. ship on such an important issue for Amer- are not going to take it up. We will not The other thing we need to make ica’s entrepreneurs and small-business com- vote on it. We are going to send you a sure we are doing as a country is con- munity. bill that allows people to create new tinuing to innovate and drive innova- This legislation creates a crowdfunding ex- startups, these new private companies, tion across the United States because emption allowing a company to raise up to $1 and we are going to eliminate the regu- it is those companies—the ones that million with reasonable per investor limits. lation that makes sure investors do not are created tomorrow, the ones that It also pre-empts state level registration re- quirements, which is critical if crowdfunding get fleeced. That is how we want to are created next week—that are going legislation is to have a meaningful positive create jobs. to create new jobs in this country. impact. Furthermore, it adds additional reg- Well, that is like hoping America has That is going to drive our median fam- ulations designed to safeguard investors. amnesia. We remember the subprime ily income up instead of down. Under current law, equity markets are mortgage mess when a lot of That is why I am on the floor today largely closed to entrepreneurs and small unsuspecting people were dragged into to talk about a bipartisan bill, a bill businesses because they are generally only offices and into mortgages they had no Senator MERKLEY and Senator BROWN permitted to raise capital from people with idea were going to explode when the and I have worked on, on crowdfund- whom they have a pre-existing relationship ing. It is an amendment that I hope or through investment bankers who demand balloon burst. a large share of the company for their serv- Now, once again, the Republicans will come to the floor. I hope we can ices. Even private placements (usually Regu- have said: The best way to create jobs get to a vote. Over the past months, we lation D offerings) involve high legal fees in the future is to let that happen when have worked together in a bipartisan and generally require that the offering be it comes to the sale of stock in new way on a crowdfunding proposal that limited to accredited investors (those with companies. I am with Mary Schapiro, would allow crowdfunding to thrive but incomes over $300,000 or a residence exclusive the Commissioner of the Securities and would also create an appropriate level net worth over $1 million). Exchange Commission. She has warned of oversight and investor protection. The costs associated with starting and We have done something very un- growing a business are significant. According us, we need to put protections in this to the Bureau of Labor Statistics (BLS), bill. It is not going to create the jobs usual in this town: we took time to lis- from March 2009–March 2010, only 505,473 new they talk about. It is going to endanger ten to people. We listened to crowd- businesses were created in the United States, investors. funding platforms, entrepreneurs, and the lowest rate of growth since the BLS I yield the floor for the Senator from investor protection advocates. Many of started compiling data. This bill would fa- Colorado. them support this bill and have en- cilitate job creation, incentivize entre- The ACTING PRESIDENT pro tem- dorsed this bill. We worked hard to in- preneurs, and promote long term economic pore. The Senator from Colorado. corporate their ideas. As a result, we growth. Mr. BENNET. Thank you, Madam have a bipartisan amendment that has Despite our general support for S. 2190, there are a few areas where we hope this leg- President. And I thank the Senator the support of both businesses and con- islation could be further improved as it from Illinois for his leadership and sumer advocates. That is something moves forward: agree it is vital we pass the transpor- which does not happen frequently in We would hope and recommend that the $1 tation bill. this town. million annual limit could be increased to $2

VerDate Mar 15 2010 05:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.009 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1878 CONGRESSIONAL RECORD — SENATE March 21, 2012 million in conference. There are many small While I believe that your legislation is reasonable alternative to broker registration business ideas that require more than $1 mil- much stronger than previous bills, I do still by permitting crowdfunding intermediaries lion to get off the ground. have concerns regarding requirements that to be lightly regulated as ‘‘funding portals.’’ Although we regard most of the investor do not adequately consider the different role These portals would continue to be subject safeguards as reasonable, there are a few pro- debt plays in the capital structure, and hope to essential investor protection rules while visions that we believe should be amended, that we have the opportunity to address relieving them of regulation that is unneces- as they may increase legal risk and adminis- these differences in the rule making process sary in the crowdfunding context. trative costs considerably. In particular, the (we appreciate your guidance in drafting po- Furthermore, the CROWDFUND Act re- provision requiring an explanation of the tential legislative history to this effect). We quires that issuers provide appropriately valuation method used by the issuer creates also believe that the current requirements limited financial disclosures depending on substantial legal risk and uncertainty since still take a one size fits all approach, and we the size of the offering, whereas the JOBS in retrospect almost any valuation method ask that the rule makers consider the cost/ Act provides a one-size-fits-all blanket ex- will prove incorrect. It is not clear what benefit of additional disclosure for very emption from providing any financial infor- ‘‘valuation’’ would meet this requirement small offerings. In addition, the existing re- mation for offerings of up to $1 million. The and protect issuers from litigation risk given quirement for portals to belong to a national CROWDFUND Act also provides regulators the fact that any valuation is going to prove securities association provides a potential with 21-day advance notice of crowdfunding wrong either on the upside or, more rel- obstacle to our industry (time/cost), with no offerings. In contrast, the JOBS Act allows evantly, on the downside. real benefit, since existing associations do for notice with the making of the first offer, In addition, the provisions granting the Se- not have any specific rules for crowd funding at which point regulatory action will often curities and Exchange Commission almost sites. We do realize, however, that our indus- be too late. unfettered discretion to issue additional reg- try will need to quickly form its own self- Notwithstanding the CROWDFUND Act’s ulations governing crowdfunding could prove regulatory association. significant improvements over the JOBS highly problematic. The legislation should We believe that rule making should permit Act’s crowdfunding exemption, I remain con- contain a provision limiting this discretion portals/issuers to rely on investor represen- cerned regarding the potential for fraud in and requiring the Commission to consider tations to comply with funding limits. Fi- crowdfunding markets. I strongly encourage the costs of any additional regulation and its nally, the rule making process with the Se- the reconsideration of the $2,000 investment likely impact on the crowdfunding market- curities and Exchange Commission will take limit as applied to low-income individuals place. time—we believe that someone should ad- and recommend that investments not exceed Small businesses are America’s economic dress what occurs in transition. the greater of $500 or 5% of income. I also en- engine and are the most dynamic and inno- Overall, we are very supportive of your courage a thoroughgoing re-evaluation of the vative sector of the U.S. economy. They most recent legislation, and we are happy to operation of the crowdfunding exemption in comprise 99.7% of all domestic employer help in any way to assist in advocating its practice following the delivery of each of the firms, employ approximately 50% of all pri- passage. SEC reports required in Section 6 of the Act. Please let me know if I can do any more to vate sector employees, and have created In conclusion, I applaud the CROWDFUND be of assistance, and we look forward to roughly 65% of America’s new net jobs over Act’s reasonable balancing of the costs of working with your team to create an excit- the past 17 years. raising capital for the smallest issuers, and NSBA is pleased to support the Capital ing new opportunity for small business ac- the benefits of adequately protecting both Raising Online While Deterring Fraud and cess to capital. investors and the integrity of the U.S. secu- Unethical Non-Disclosure Act of 2012 Sincerely, rities markets. (CROWDFUND Act, S. 2190) and thanks Sen- CANDACE KLEIN, Sincerely, ators Merkley, Bennet, Brown and Landrieu Founder/CEO. MERCER BULLARD, for their tireless efforts to improve small- President and Founder. business capital access. We look forward to FUND DEMOCRACY, working with you to address the concerns March 14, 2012. THE STARTUP EXEMPTION, outlined and, ultimately, together help to Hon. HARRY REID, enact this critical piece of legislation. Majority Leader, U.S. Senate, Miami Beach, FL, March 14, 2012. Sincerely, Washington, DC. Senator HARRY REID, Senate Majority Leader, Hart Senate Office TODD O. MCCRACKEN, Hon. MITCH MCCONNELL, President. Minority Leader, U.S. Senate, Bldg., Washington, DC. Washington, DC. DEAR SENATOR REID: We began this process SOMOLEND, DEAR MAJORITY LEADER REID AND MINOR- over a year ago with the goal of creating a Cincinatti, OH, March 16, 2012. ITY LEADER MCCONNELL: I am writing on be- system under which entrepreneurs can raise Senator JEFF MERKLEY, half of Fund Democracy to express my sup- capital to create jobs. We understand there Hart Senate Office Building, port for the Capital Raising Online While De- are major differences between the House and Washington, DC. terring Fraud and Unethical Disclosure Act Senate versions of the Crowdfunding bills DEAR SENATOR MERKLEY: It is with great of 2012 (‘‘CROWDFUND Act’’). As the Act’s and we desire for the Senate Banking Com- pleasure that I, on behalf of my company, title suggests, an exemption from registra- mittee to have a chance to work these issues SoMoLend, write to you today in support of tion requirements for very small securities out there so that both Houses of Congress your most recent compromise bill with Sen- offerings creates significant potential for can pass this legislation. ators Brown and Bennett. As a platform that fraud and unethical conduct. The In January 2011, we proposed the regu- has been developed to eventually allow peer CROWDFUND Act addresses this concern by latory framework, which is the basis for all to peer lending (debt only), we applaud your providing significant regulatory relief to the Crowdfunding bills currently under con- efforts to allow for new small business bor- very small issuers without unreasonably sideration in Washington, DC. After a year of rowing opportunities while also protecting compromising the investor protection provi- dedicated work we are comforted by the fact the lender and borrower. sions on which the federal securities laws are that the Senate, House and President under- Specifically, we appreciate the language grounded and the long-term success of the stand how important capital is to our na- that lifts the financial limits on investment U.S. securities markets has been based. tion’s entrepreneurs for innovation and job to be robust enough to support the borrower In particular, I note the substantial im- creation. The passage of the House industries we serve. Additionally, the new provements over the crowdfunding exemp- Crowdfunding Bill (H.R. 2930), coupled with disclosure/regulatory requirements are ro- tion contained in Title III of the Jumpstart the President’s very strong leadership and bust enough to provide guidance to a new in- Our Business Startups Act (‘‘JOBS Act’’) re- support was a great demonstration of bipar- dustry, but will also benefit the crowd-fund- cently approved by the House. The JOBS tisanship. The active debate in the Senate, ing industry in the long-term (as compared Act’s crowdfunding exemption, aptly re- further reinforces the commitment to updat- to a possible race to the bottom with a ‘‘no ferred to by Columbia Law School Professor ing securities regulations that were written regulatory’’ approach). Finally, we believe John Coffee as the ‘‘The Boiler Room Legal- at a time when we didn’t have the tech- the disclosure/regulatory requirements will ization Act,’’ removes fundamental investor nology to better enable the free flow of infor- provide adequate information to investors, protection measures that are essential to the mation and investor protection. Once legal- advising of risk but also deterring fraud. successful operation of the U.S. securities ized, Crowdfund Investing (CFI) will allow a Again, this has long-term benefits to the in- markets. limited amount of community-based capital dustry as a whole. Most notably, the JOBS Act would grant to flow into the hands of our nation’s job We also recognize a shift from your origi- broker-dealers who act as intermediaries in creators and innovators, while providing pru- nal bill and thank you for removing the re- crowdfunding offerings a complete exemp- dent investor protections. quirement for audited and reviewed finan- tion from registration as brokers. Such an We are three successful MBA entrepreneurs cials for businesses raising small amounts of exemption is grossly overbroad and removes having raised in excess of $100M in venture money, as this requirement would have been an entire regulatory structure for precisely and private equity capital and deeply under- so cost-prohibitive that it would have served the kind of small offerings where experience stand the capital markets, and their risks as a dis-incentive for small business partici- has demonstrated a high risk of fraud. In and rewards. In drafting our framework, we pation. contrast, the CROWDFUND Act provides a worked hard to balance the interests of the

VerDate Mar 15 2010 05:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.003 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1879 entrepreneur, investor, intermediary and ORDER OF PROCEDURE businesses, and our government.’’ In regulator. We endorsed H.R. 2930, as it is fact, last week the nonpartisan Con- aligned with our framework. Since then, we Mr. WICKER. Madam President, I rise to speak on the second-year anni- gressional Budget Office and Joint worked closely with the Senate to under- Committee on Taxation updated their stand their concerns and work on a bill to in- versary of the Patient Protection and clude provisions that can yield bipartisan Affordable Care law. I will be joined outlook of the health care law’s impact support while creating an regulatory envi- shortly by a few of my colleagues. I ask on the Federal budget. Not surpris- ronment in which a Crowdfund Investing in- unanimous consent that at that point ingly, their latest analysis says dustry can grow and succeed. we engage in a colloquy. Obamacare will cost even more than It is with this in mind that we write to anticipated. And the anticipated costs suggest that if you consider the House The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- were high, indeed, but they say the version of the bill you consider adding the health care law will cost nearly $1.8 following crucial components: dered. trillion over the next decade or double 1. Crowdfund Investing intermediaries that f are SEC-regulated to provide appropriate the estimated cost that accompanied oversight HEALTH CARE the bill when Democratic supermajori- 2. All or nothing financing so that an en- ties passed it in 2010. This is hardly the trepreneur must hit 100% of his funding tar- Mr. WICKER. Madam President, on relief President Obama promised. get or no funds will be exchanged Friday of this week 2 years will have During his campaign, the President 3. State notification, rather than state reg- passed since President Obama signed said the plan would reduce health care istration, so the states are aware of who is the Patient Protection and Affordable crowdfunding in their states. This ensures premiums by an average of $2,500 per Care Act into law. This is actually a family. Instead, premiums have grown they retain their enforcement ability while sad anniversary because more than creating an efficient marketplace. by nearly that much since he was Senators Merkley, Bennett, Brown and enough time has gone by to reveal the elected. Landrieu should be commended for their failures of this massive, burdensome I see I am joined by two of my col- thoughtfulness in crafting a bipartisan com- piece of legislation. leagues, the distinguished Senator promise bill. Passage of Crowdfund Investing The fact that 26 of our 50 States— from Wyoming and the distinguished legislation this session will create the Amer- more than half of the States—are part Senator from Kansas. ican jobs and innovation that our economy of the legal challenge currently under There are a number of other promises so desperately needs. Please consider taking review by the Supreme Court points we are talking about today, and I know up this bill. out the inevitable truth: This is a law Sincerely, we don’t impugn motives around here— SHERWOOD NEISS, JASON BEST & that simply does not work. that is against the rules—but one has ZAK CASSADY-DORION, The case that will be heard in a few to wonder, did advocates of this mas- Co-founders. days will be one of the most consequen- sive law actually believe these prom- tial Supreme Court cases of my life- ises or were they simply duped and MARCH 15, 2012. time—consequential not only because misled? And I don’t know which is Senator HARRY REID, it deals with this massive, burdensome worse, but I know that my colleague Senate Majority Leader, Hart Senate Office piece of legislation but because the im- Dr. BARRASSO, himself a physician who Building, Washington DC. plications go so much further. The Su- DEAR SENATOR REID: I write to express sup- is on the front line of this issue, has port for the bipartisan CROWDFUND Act re- preme Court case will decide the scope given this a great deal of thought, so at cently proposed by Senators Merkley, S. of the commerce clause. Indeed, my this point I ask him to join in this col- Brown, Bennet and Landrieu. colleagues, if the Supreme Court de- loquy. CrowdCheck, Inc. was formed to support cides this law can withstand constitu- Mr. BARRASSO. Madam President, I entrepreneurs seeking crowdfunding by giv- tional scrutiny, then this large, mas- stand here with my friend and col- ing them a way to establish their legitimacy sive Federal Government can, in fact, league from Mississippi because he and in a field that many have predicted will be do almost anything, and there will be vulnerable to fraud, and to give investors a I both attended, in his home State of tool to recognize and avoid fraud. Our found- hardly any limitations under the Con- Mississippi, a meeting at a hospital ers include several business lawyers, and I stitution and the Bill of Rights on the where we met with doctors, also met am a securities lawyer with three decades of power of the U.S. Federal Government. with patients, and met with people experience helping companies comply with Americans are right to be dis- from the community while the debate SEC disclosure requirements. I thus under- appointed with Obamacare, and they and discussion was being conducted stand the burdens such regulations can im- are right to want it repealed. And re- about this health care law. At the pose on entrepreneurs, and also the informa- gardless of the outcome of the Supreme time, people were asking all sorts of tion investors need to make an informed in- Court case, this Congress can decide vestment decision. I am therefore pleased to questions because they had heard the see the careful balance in the bill between and, as a matter of fact, the people of promises. Would this actually lower investor protection and burden on the entre- the United States will have a chance in the cost of insurance by $2,500 a fam- preneur. November, as we do every 2 years, to ily? That is what people wanted. That While we have some concerns with respect decide. is what they expected. The other ques- to interpretation of certain provisions in the A recent Gallup poll shows that twice tion: Will I really be able to keep the bill, we look forward to working with the as many Americans think the law will care I have and the doctor I have if I sponsors of the bill to address these. We make things worse for their families therefore urge you to support this bipartisan like it? effort to pass the CROWDFUND Act. than those who believe it will make Now here we are a couple of years Sincerely, things better. Seventy-two percent of later, the second anniversary of this SARA HANKS, Americans believe the individual man- health care law being passed, and I am CEO, CrowdCheck, Inc. date is unconstitutional. here with my friend and colleague from Mr. BENNET. It moves this ball The truth is that Americans deserve Mississippi, and it just seems to me down the field. I hope it establishes a affordable, high-quality health care, that the questions that were asked by model for how we can work together to not a 2,700-page, big-government piece his constituents, by the doctors in make sure that we are actually ad- of legislation that taxes, spends, and those communities who take care of dressing things I am hearing about in regulates. The President’s health care the patients, by the patients, the hos- the townhalls and that we are driving law has not lowered the cost of health pital administrators whom we talked wage growth and job growth here in the care as promised. It has not created to that day in his home State of Mis- United States. jobs as promised. It has not reduced sissippi—it does seem that many of I yield the floor. the deficit as promised. So this week these promises have been broken. The ACTING PRESIDENT pro tem- we mark the anniversary not with The costs seem to go up higher than pore. The Senator from Mississippi. progress but with bitter realities. had this health care law not been Mr. WICKER. Madam President, are President Obama, in his joint session passed at all. The numbers and the sta- we in morning business? speech to Congress in 2009, asserted tistics we are hearing now from the The ACTING PRESIDENT pro tem- that his plan ‘‘will slow the growth of budget office on the cost seem to be pore. We are. health care costs for our families, our much, much higher than what the

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.004 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1880 CONGRESSIONAL RECORD — SENATE March 21, 2012 President promised. Parts of this paid for. The consequences are that the They foisted that off on us. Why? Ini- health care law—the so-called CLASS administration is already proposing tially, because of CBO scoring, it would Act—it now comes out were accounting and Congress will always be looking for show an increase in finances into reve- gimmicks, budget schemes to make it ways to reduce spending when it comes nues and into the whole ObamaCare seem as though the cost of this health to health care, and the most likely tar- program. But as soon as those people care law would be much less than what get is the payment Medicare makes to who were paying in became eligible, American people now know it to be. health care providers, which in many obviously, the reverse happened. Thank So it is no surprise to me—and I see instances already doesn’t cover the God for former Senator Gregg of New this in Wyoming, and I am sure the cost for providing the service. So when Hampshire, who had an amendment Senator sees it in Mississippi, and I we look for access to health care, every adopted that required the Secretary to would imagine the Senator from Kan- time we make a decision, every time a certify that the program would be sol- sas who is on the floor has seen the decision will be made in order to try to vent for over 75 years before the pro- same thing at home because I know he make this more affordable, we are gram could be implemented. If it has gone to hospitals and just—maybe going to see fewer and fewer providers hadn’t been for that, the CLASS Act almost every hospital in the State of able to provide the services necessary would be here today. Kansas as he has traveled around. We to folks across the country but espe- Then, last October, the Secretary of are all seeing that this health care law cially in rural communities where 60, Health and Human Services issued a re- is less popular now than when it was 70, 80, even 90 percent of the patients port confirming what many of us knew passed. That is what I hear at townhall admitted to the hospital are on Medi- was inevitable: that the Secretary meetings. When I ask, do you think care. could not certify the CLASS Act’s sol- you are actually going to pay more So one of the problems with the af- vency as required under law. So we under the health care law, every hand fordable care act is the reality that it went through this exercise of fran- goes up. And when I say, do you think will reduce access to health care for tically searching for ways to increase the quality and availability of your people who live in rural America and revenue, at least the way CBO does we will see fewer physicians accepting own care at home is going to go down, scoring. So we did the CLASS Act and, patients on Medicare, we will see fewer again, every hand goes up. thank God, Senator Gregg of New So if I could ask my colleague from hospital doors remain open; as this bill Hampshire put in an amendment that Kansas if he is hearing the same takes $500 billion out of Medicare to they had to certify that it would be things. And I see we are also joined by begin with, the Congress that passed viable over 75 years. There was not a the Senator from Arizona. and the President who signed this leg- snowball’s chance in Gila Bend, AZ, Mr. MORAN. I appreciate the oppor- islation set the stage for there to be that they were able to certify that for tunity to be on the floor today, espe- less affordable health care available to over 75 years it would be a viable pro- cially with the Senator from Wyoming, Americans across the country but espe- gram. a doctor who is such an expert on the cially for constituents of mine who live It was kind of entertaining, but late topic of really not just the moment, in a rural State such as Kansas. on a Friday night the Secretary of Mr. WICKER. If I could jump in on not just the day, but the topic of what Health and Human Services said she the issue of Medicare because I have a our country faces. could not certify that the program quote here from President Obama, July I will say that I do spend a lot of would be solvent throughout a 75-year 29, 2009: ‘‘Medicare is a government time in hospitals across our State talk- period. The result of this was, obvi- program, but do not worry, I am not ing to health care providers, talking to ously, that they didn’t have the false going touch it.’’ As a matter of fact, patients, doctors, to administrators, revenues that CBO could score. They only months later he signed into law trustees. In fact, there are 128 hospitals didn’t have a program that could pro- Obamacare, which takes $1⁄2 trillion in our State. I have visited all of them, vide long-term care for seniors. Again, from Medicare. And it touches on the and there is genuine concern about the as the Senator from North Dakota very issue the Senator from Kansas future of the ability for health care to aptly pointed out, this ‘‘Ponzi scheme was referring to with regard to Medi- of the first order’’ faced and met a be delivered in communities across our care access for people in rural Kansas. well-deserved death. State. And you add to that the physi- Mr. MCCAIN. Madam President, I That is why an overwhelming major- cian and other health care provider might point out to my friend from Mis- ity of the American people disapprove community, and this health care re- sissippi that the first amendment we of this whole exercise of ObamaCare. form act is creating significant chal- had on the floor of the Senate when we They want it repealed. They don’t sup- lenges. were considering ObamaCare was to re- port it. I am proud to say in this elec- My interest in public service started store that $500 billion, and it was voted tion we will decide whether we repeal a long time ago with the belief that we down on a party-line basis. and replace ObamaCare. The American live our lives in rural America, in my I thank my friends for allowing me to people care about that. State of Kansas, in a pretty special engage in this colloquy. I want to dis- Mr. WICKER. Madam President, to way. When I came to Congress, it be- cuss this with my friends. In my view, summarize what the Senator from Ari- came clear to me that if our commu- probably what encapsulates the prob- zona has just said, the CLASS Act was nities were going to have a future, it lems with this legislation—the com- sold to the American people as a budg- was dependent upon the ability to de- mitment began that we would provide et deficit reducer. It was going to re- liver health care close to home. And affordable health care to all Ameri- duce the deficit. No sooner was it those rural communities across our Na- cans, which meant we had to put the signed and they started looking at it tion often have high proportions of sen- brakes on inflation in health care be- that the administration itself said: We ior citizen populations where Medicare cause health care was becoming know it is unworkable, and we abandon is the primary determining factor of unaffordable—the highest quality it. We are not even going to try to en- whether they can access health care. health care in the world. Nothing, in force it. When the affordable care act was my view—and I ask my colleagues Mr. MCCAIN. They could have kept it passed, many promises were made, but this—describes more how this whole on the books. If it had not been for the one of the things that was told to the plan went awry than the so-called amendment of Senator Gregg from New American people—or at least the at- CLASS Act. Hampshire which said they had to cer- tempt was made to sell to the Amer- Late in the debate, the CLASS Act tify its solvency over a 75-year period, ican people—was that there would be was thrown in to provide long-term we would have the CLASS Act today, a greater access. And I would certainly care for seniors, which seems like a Ponzi scheme where people would be say that one of the promises that is not worthy cause, but the whole thing was paying in, and that is scored as reve- being kept about the affordable care a gimmick. It was described by Senator nues, and some years later when they act is the likelihood that there is going CONRAD, our chairman of the Budget retire, obviously, the reverse would to be greater access for Americans Committee, as a ‘‘Ponzi scheme of the have been true. across our country to health care be- first order, the kind of thing that Ber- I have yet to hear one of my col- cause this bill is underfunded, it is not nie Madoff would have been proud of.’’ leagues come over and admit that they

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.011 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1881 were wrong about the CLASS Act. I I am sure the Senator from Arizona tration admits that wasn’t true. Small would love to hear some of those who probably remembers very well many of businesses—people who get their insur- strongly advocated for it. My friend these statements. But the facts tell a ance in small businesses—will have a from Iowa, Senator HARKIN, said: different story. If we look at what difficult time continuing to provide So we get a lot of bang for the buck, as one health care costs are doing, and even coverage for people because of the might say, with the CLASS Act that we have what was predicted by the Congres- mandates that say they have to pro- in this bill. sional Budget Office, they said the law vide Washington-approved insurance. Senator WHITEHOUSE said this: was going to increase health insurance That is the problem: that people have Certain colleagues on the other side of the premiums by 10 to 13 percent, which what they like, and it may be some- aisle have argued that the CLASS plan means families purchasing coverage thing they want, need, and can afford. would lead to a financially unstable entitle- were going to pay an additional $2,100 Now they are being mandated to have ment program and would rapidly increase because of the new law. That has actu- something they may not want, need, or the Federal deficit. That is simply not accu- ally been borne out. be able to afford. rate. If we look at the cost of health insur- So, again, we have another broken I look forward to my colleagues who ance for people in this country today, promise, which is why Senator COBURN, supported and voted for the CLASS Act it has gone up, not down; it has gone up who practiced medicine for a quarter to come over and agree that it was, as dramatically—since the President took century, as I did, and I have come out Senator CONRAD pointed out, a Ponzi office, about 25 percent for most Amer- with a report, released yesterday scheme. icans. All these promises about getting called, ‘‘Warning, Side Effects, a Mr. WICKER. Madam President, I costs under control, the promises about Checkup on the Federal Health Law: know our friend from South Dakota keeping what people have, the promises Fewer Choices.’’ has joined us and is eager to join in about this being done in a way that That means people cannot choose to this discussion. I wonder if he has any- would protect Medicare—we all know keep what they have. There are fewer thing to add about the broken promises Medicare was going to be slashed when choices, higher taxes, more govern- that were made during the passage of this was fully implemented, to the tune ment, and less innovation. None of that ObamaCare. of $1 trillion, and there would be $1 is what the American people have been Mr. MCCAIN. Before that, the whole trillion in new taxes also. promised by the President. point of reforming health care was to The American people got a bad deal, Mr. MCCAIN. In addition, I ask the reduce the cost of health care. That and they know it. That is what the Senator how many new regulations was the goal. We all know Medicare public opinion polls show. have been issued, and how many new cannot be sustained for the American Mr. MCCAIN. I ask the Senator, even regulations do we anticipate as a result people if the inflation associated with though we have shut down the office of of this exercise? health care continues. The whole ob- the CLASS Act, even though the Sec- Mr. BARRASSO. This over 2,000-page ject of this game was to reduce the cost retary of Health and Human Services law will result in over 100,000 pages of of health care and preserve the quality said they can’t certify that it will be regulations. There is one part of the of health care. fiscally solvent over 75 years, it is still law where, for a couple of pages—4 to 6 Does anybody think that was on the books. Isn’t the CLASS Act still pages—they had 400 pages of regula- achieved with this legislation? That is on the books? Does the Senator think tions and 50 pages of legal guidance. why the American people have figured it might be appropriate, since we can- When we talk to hospitals—I know it out. I yield for the Senator from not comply with the law, to maybe re- those of us who visit with hospitals in South Dakota. peal that portion of the law? Is that our States—they say they are spending Mr. THUNE. Madam President, I something we might think about? It money on consultants and lawyers to echo what the Senator from Arizona might be a pretty good amendment. help them understand the law. They said about the CLASS Act. He was Mr. THUNE. It would be, and, by the say: It is money we ought to spend on here, as was I and many others, debat- way, we have that amendment and patients and equipment and technology ing this bill and saying this was a pro- would be happy to offer it. We tried to for our hospital, to provide care in our gram destined to be bankrupt. In fact, call up the bill, but it was objected to community. if we look at the independent Actuary, by the Democrats. The thing about bad I know the Senator from Kansas has he was saying the CLASS Act was un- ideas around here is that they tend to visited over 100 hospitals in his State. workable. They said it would collapse come back. This idea ought to be put He has heard the same thing. Mr. MORAN. That is true. The point in short order. away once and for all. Yet it is on the Within the HHS Department, there books, as the Senator pointed out. I made earlier about the goal of the leg- was a nonpartisan career staff that don’t know why, after all the evidence islation bending the cost curve down— called it a ‘‘recipe for disaster.’’ There out there now that has been put for- it didn’t do it, it doesn’t do it, and it was plenty of advance warning this ward, including the Health and Human cannot do it. That created the problem we all face now. How can we have ac- wasn’t going to work. Services Secretary saying this will not The Senator from Arizona correctly work. But we continue to maintain it cess to affordable health care if we are pointed out it was used as a gimmick on the books in the hopes of some in not reducing the cost of health care? The end result, in my view, is that to make the overall cost look less and, the administration, I am sure, that it Americans will have less options for therefore, bring it into balance. As we can be resurrected in the future. It was their own plans. As employers, they know now, the CLASS Act could not a bad idea then, and it will be in the fu- will provide either less options or no work. They have had to acknowledge ture. It just doesn’t pencil out. We can- options for their employees. So the that, and the amendment put on by not make it work. It saddles future generations of Americans with massive idea that people are going to get to Senator Gregg, which would have keep what they have, that begins to forced them to certify, made that amounts of debt. Mr. WICKER. Madam President, let disappear. If they are a senior citizen abundantly clear. and Medicare has been their primary To the point of the Senator from Mis- me ask my colleagues about another provider, we go back to the idea that sissippi, the purpose of the exercise was promise. They will call time on us soon. we didn’t bend the cost curve. So in that we have to do something about order to make health care affordable— the cost of health care. In fact, the Does anybody recall hearing this statement from the President of the when the legislation fails to do that, President of the United States, when we find other gimmicks to do that. One he was running, said this: United States in 2009? He said this: If you like your health care plan, you will of the things this bill creates is IPAB, If you’ve got health insurance, we are be able to keep your health care plan, period. an independent agency that will make going to work with you to lower your pre- No one will take it away, no matter what. decisions about what is covered by peo- miums by $2,500 per family per year. We will not wait 20 years from now to do it, or 10 That was the President on June 15, ple’s health care plans. The goal will years from now to do it; we will do it by the 2009. What happened to that? not be to have better quality health end of my first term as President of the Mr. BARRASSO. Madam President, care; the goal of the IPAB will be to re- United States. when we look at it, even the adminis- duce expenditures.

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.013 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1882 CONGRESSIONAL RECORD — SENATE March 21, 2012 As the promise was made that people prosperity. How has that turned out? Now that we have moved ahead to get to keep what they have, it becomes Former Speaker PELOSI said in its life implement the law, the results have totally different than what they have the health care bill will create 4 mil- been striking. Every American now is experienced in their health care plans— lion jobs—400,000 almost immediately. protected against the abusive insur- either in their own private health care Of course, neither of those promises ance company practices of the past. insurance or as a beneficiary of Medi- has come true. The nonpartisan CBO Let me put it another way. Because of care. Even the President’s own Medi- has estimated the health care law will the health care reform law, Americans care Actuary estimates that the law reduce America’s workforce. This is now have protections that every Sen- will increase overall national health the bipartisan CBO. They said it will ator in this Chamber has enjoyed for care expenditures by $311 billion during reduce America’s workforce by 800,000 years under the Federal Employees the first 10 years alone, and that pri- jobs over the next 10 years. That fact Health Benefits Program. We now have vate health care insurance premiums has been confirmed by the U.S. Cham- extended that to all Americans. Listen- will rise 10 percent in 2014. ber of Commerce. ing to my friends on the other side of So if we are complaining today about Mr. THUNE. I would say to my col- the aisle, they want to take it away the increase in premium costs, there is league from Mississippi that one of the from Americans but keep it for them- more to come. In 2014, the Medicare Ac- areas where jobs may be created is in selves. Oh, no; they do not want to give tuary says there will be another 10 per- the Federal Government because it is it up. I think what is good for Senators cent increase in your health care pre- going to take an awful lot of Federal ought to be good for the American peo- miums. At the Center for Medicare and bureaucrats to oversee and lots of new ple. The young lady shown on this chart Medicaid Services, their economists IRS agents to implement this legisla- is Emily Schlichting. She testified be- found the increasing growth rate in tion. That would be the only place we fore my committee last year, and this health care spending will occur in will see job creation. is what she said: every sector of health care. More re- But when it comes to private sector cently, the Congressional Budget Of- Young people are the future of this coun- job creation, the thing about this is, it try and we are the most affected by reform— fice, our neutral provider of analysis, raises the cost for health insurance we’re the generation that is most uninsured. says the cost of the health care law coverage for employers, and it raises We need the Affordable Care Act because it may be substantially higher than ear- taxes on a lot of people who are in- is literally an investment in the future of lier estimated. volved in health care. this country. One of the things I would suggest we The ACTING PRESIDENT pro tem- Why does she say that? Because she should have done and that never hap- pore. The minority’s time has expired. suffers from a rare autoimmune condi- pened—if we want folks to be able to Mr. THUNE. The combination of tion which insurance companies would keep what they have, if we want access those things is only going to cost jobs. not even cover. But because we have to health care in rural and urban and I yield the floor. said they cannot now discriminate if suburban places in the country—we The ACTING PRESIDENT pro tem- someone has a preexisting condition, should have done something about fix- pore. The Senator from Iowa. Emily gets insurance coverage. Plus, ing permanently the reduction of pay- f she can stay on her parents’ health in- ments to physicians—the so-called doc surance program. fix. One would have thought, in health ORDER OF BUSINESS So far, the law has extended coverage care reform, that would have been Mr. HARKIN. Madam President, how to more than 21⁄2 million young people front and center. Because if we don’t much time remains on our side? such as Emily. Yet the Republicans have a physician providing a service, The ACTING PRESIDENT pro tem- want to take it away. They want to we don’t have health care. Yet we have pore. There is 71⁄2 minutes. take away Emily Schlichting’s insur- a Medicare system that is going to re- Mr. HARKIN. Madam President, I ance coverage. That is what this is all duce the payments. In fact, expected would like to be notified when I have 1 about. They want to repeal the afford- this year, the reduced payments to minute remaining. able care act—ObamaCare. What that physicians was going to be 30 percent. The ACTING PRESIDENT pro tem- will mean is that 21⁄2 million people The reality is, no longer will physi- pore. The Chair will so advise. similar to Emily will lose their insur- cians accept Medicare patients. The op- Mr. HARKIN. I appreciate that. ance. But they do not talk about that. They do not talk about that. tion the American people were prom- f ised about keeping what they have dis- Here is the coverage Americans have HEALTH CARE appears one more time. In fact, at a right now. We have banned lifetime townhall meeting in Parsons, KS, this Mr. HARKIN. Madam President, 2 limits. Let me tell everyone about Ross Daniels and Amy Ward from West Des year, a physician in the front row said: years ago President Obama signed into Moines, IA. After developing a rare Senator, you need to know I no longer law what I believe was the most for- lung infection on a summer trip, Amy accept Medicare and Medicaid. I will ward-thinking and humane reform of needed intensive treatment, including take cash, but I cannot afford to pro- our health care system since Medicare. Just like the Republicans opposed a course of medication costing—get vide the services based upon the Medi- this—$1,600 a dose—$1,600 a dose. Her care reimbursement rate I get. When Medicare when it came in, they still want to get rid of it. If we look at the insurance policy had a $1 million life- you add in all the paperwork, trying to time limit. Without our health care re- comply with Medicare and Medicaid, it Ryan budget that came out, what do they want to do? They want to pri- form’s ban on lifetime limits, this cou- is no longer financially feasible for me ple would have had to declare bank- vatize Medicare. They have been at it in this small town to provide the serv- ruptcy. After this experience, Ross said ever since. They do not want this hu- ices my patients need under Medicare. he can’t understand why opponents of mane reform we passed 2 years ago. So we are going to see a lot less ac- the law want to repeal it. He said: When the affordable care act became cess because, once again, this is a fail- It is hard for us to believe that so many of ure. The promise that was made to law, I said we have made America a the GOP candidates would have us go back in bend down the cost curve, to reduce more compassionate and a more just time where an illness like this would have health care costs, to reduce premiums society. I believe this with even greater forced us, or any other family for that mat- was totally false. conviction now. In listening to my col- ter, into bankruptcy. Mr. WICKER. So the promise was not leagues, my friends on the other side of Listen to what Republicans are say- to touch Medicare, and that promise the aisle, one would think this is all ing. They want to take this protection has not been fulfilled. The promise was just about little nuts and bolts and this away from Amy Ward and Ross Daniels to reduce the deficit, and that turned and that, but it is about humaneness. and millions of other Americans. There out to be an empty promise. It is about compassion and about jus- are 100 million people being helped by Also, we were told by the President tice and, yes, it is about making the the ban on lifetime limits. and by Speaker PELOSI this bill would system work better for patients, not We have also covered vital preventive create jobs. The President said it was a just for insurance companies and the services free of charge. That has bene- key pillar for a new foundation for insurance industry. fited more than 80 million people who

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.014 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1883 now get free preventive care. It allows First, investors are now protected by aspect of his position: support for com- young people to remain on their par- federal securities laws that generally mon-sense fixes that protect the integ- ents’ insurance plans until they are age prevent companies from making large- rity of our markets. The White House 26. I can’t tell you how many families ly unregulated stock offerings to the said this week: I have talked to in my State of Iowa public. By limiting such unregulated The President strongly supports the efforts who have said this has been a godsend stock offerings to investors who can of Senate Democrats to find common ground to them and to their kids. better withstand the substantial risk by supporting the most effective aspects of Here is the preventive portion. We all of these investments, we discourage the House bill to increase capital formation know prevention is the best thing we fraud while allowing companies to ac- for growing businesses, while also improving the House bill to ensure there are sufficient can do to change our sick care system cess capital. But the House bill does safeguards to prevent abuse and protect in- into a health care system. Here is what away with these restrictions. They vestors. we did. Here is what the affordable care could market them with cold calls to The President supports this bill, act does on prevention. Before health senior centers. This would expose yes—but he also supports improving it. care reform, colorectal cancer screen- Americans with few protections And we should have the chance to do ing was covered only 68 percent by in- against fraud and little ability to ana- so. surance companies, cholesterol screen- lyze complex, risky investments to This is not a bill to promote invest- ing was only covered by 57 percent, to- devastating losses. ment in our economy. This bill will dis- bacco cessation only 4 percent. Under It gets worse. The House bill changes courage investment. As SEC Chairman the affordable care act, colorectal can- when a company is large enough to Schapiro wrote: warrant SEC disclosure and trans- cer screening, cholesterol, and tobacco If the balance is tipped to the point where cessation all are covered at 100 percent parency requirements—from one with investors are not confident that there are ap- by every insurance company. Madam fewer than 500 shareholders to one with propriate protections, investors will lose President, 100 hundred percent, not 57 2,000 or more shareholders, and perhaps confidence in our markets, and capital for- percent or 68 percent but 100 percent. many more. Those could be very large mation will ultimately be made more dif- We all know that early screening companies. In fact, the House bill ficult and expensive. means people live longer and it cuts maintains a loophole that allows share- Unless we protect investors, they will down on health care costs. holders of record, on paper, to hold not invest in our economy. We can only So millions now receive free preven- shares for potentially hundreds of real add those protections if we slow this tive care, and 86 million Americans had owners as a way of evading this share- rush, debate this bill, and amend it. If at least one free preventive service in holder limit. They would be exempt we invoke cloture now, we end debate 2011. Almost 1 million Iowans, in my from filing regular financial reports rather than beginning it. If we invoke State, received at least one free pre- and other measures that give investors cloture, we restrict amendment rather ventive service in 2011. Yet Republicans the confidence they need to invest than allowing it. That would be a grave want to take this away. That is what their hard-earned dollars. mistake, one that puts American inves- Taken together, these first two flaws this is about. tors, American workers and the sta- But Americans now have preventive would allow even large companies to bility of our economy at risk, and I care. They now are able to keep their make largely unregulated stock offer- urge my colleagues not to walk that kids on their policies until they are age ings to potentially unwary investors, path. and to evade even the most basic re- 26. They now have a ban on lifetime Again, this bill would allow compa- quirements to accurately inform share- nies to advertise these virtually un- limits. We now have a ban for children holders of their financial condition. regulated stock offerings on television up to age 19 on preexisting conditions. Combined, these provisions are a recipe or on billboards. This House bill would That is all they want to do; they want for fraud, abuse, financial crisis and re- allow large companies with thousands to take this away. I say, don’t let them duced investment to grow our econ- of shareholders to avoid SEC regula- take this away from the American peo- omy. tion. The House bill would allow banks ple. The House bill has other deep flaws. of any size to avoid SEC regulation if The ACTING PRESIDENT pro tem- It erases barriers, erected after the they have fewer than 1,200 share- pore. The Senator has 50 seconds re- dotcom bubble of the 1990s, that pre- holders. The House bill would allow maining. vent conflicts of interest in which in- companies with annual sales of up to $1 Mr. HARKIN. I yield the remainder vestment banks could promote the billion to evade the most basic trans- of my time to the Senator from Michi- stock offerings that they underwrite by parency, accountability, and disclosure gan. having their research analysts provide requirements in making initial public f pumped-up assessments on the stock. offerings. JOBS ACT This provision would mean that near- This is not a bill which will promote ly 90 percent of all IPOs would be ex- investment in our economy. This bill Mr. LEVIN. Madam President, in a empt from providing basic protections will discourage investment. As SEC few minutes, we are going to vote on that help investors commit their Chairman Schapiro wrote us: whether we should end debate on a money with confidence. House bill which carries the false label If the balance is tipped to the point where Now, it has been said by supporters of investors are not confident that there are ap- of a jobs bill—a bill which cries out for this bill that we should approve this propriate protections, investors will lose debate and amendment. bill because the President supports it. I confidence in our markets. If we continue down this track, we would remind my colleagues of two That is why the Council of Institu- will approve legislation that endangers things. First, the President’s support tional Investors warns us ‘‘this legisla- America’s senior citizens, its small in- would not dissolve our own responsi- tion will likely create more risks to in- vestors, and its large pension funds and bility. We are in danger of rubber- vestors than jobs.’’ foundations. In doing so, we would, far stamping a bill simply because some- This is not a bill which will allow from encouraging job growth, endanger one slapped a clever acronym with the new opportunities for American work- job growth, by endangering the invest- word ‘‘jobs’’ on it. If this bill threatens, ers but one which will create new op- ments that help America’s businesses rather than encourages, investment portunities for fraudsters and boiler- grow and create new jobs. The jobs bill and job creation, we should repair its room crooks. I urge defeat of cloture. before us, as it now stands, is anything flaws. That is our responsibility. Madi- We should not end debate on this bill but a jobs bill. And if we invoke clo- son told us two centuries ago: and make it more difficult to amend ture, we will end debate and the oppor- A senate, as a second branch of the legisla- this bill by restricting amendments. tunity to remedy this bill’s flaws. The tive assembly, distinct from, and dividing f Senate should not take that step. the power with a first, must be in all cases a Its flaws are deeply worrisome. It salutary check on the government. CONCLUSION OF MORNING threatens to dampen investment, and We should be that check today. BUSINESS therefore dampen job growth, in at Second, those who point to the Presi- The ACTING PRESIDENT pro tem- least six ways. dent’s support fail to mention another pore. Morning business is closed.

VerDate Mar 15 2010 05:28 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.016 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1884 CONGRESSIONAL RECORD — SENATE March 21, 2012 JUMPSTART OUR BUSINESS Casey Johanns Reid The amendment is as follows: Chambliss Johnson (SD) STARTUPS ACT Risch At the end, add the following. ‘‘The Com- Coats Johnson (WI) Roberts mission shall revise the definition of the The ACTING PRESIDENT pro tem- Coburn Kerry Rockefeller Cochran Klobuchar Rubio term ‘held of record’ pursuant to section pore. Under the previous order, the Collins Kohl 12(g)(5) of the Securities Exchange Act of Senate will resume consideration of Schumer Coons Kyl Sessions 1934 (15. U.S.C. 781(g)(5)) to include beneficial H.R. 3606, which the clerk will report. Corker Lee Shaheen owners of such class of securities.’’. Cornyn Lieberman The legislative clerk read as follows: Shelby DeMint Lugar Mr. REID. Mr. President, the bill be- Snowe A bill (H.R. 3606) to increase American job Durbin Manchin fore this body had broad bipartisan creation and economic growth by improving Enzi McCain Stabenow Tester support, bicameral in nature. The bill access to the public capital markets for Graham McCaskill Thune we are considering today is the IPO emerging growth companies. Grassley McConnell Hagan Moran Toomey bill, of course. The bill passed the Pending: Hatch Murkowski Udall (CO) House by an overwhelming majority. Reid (for Reed) amendment No. 1833, in the Heller Murray Udall (NM) President Obama supports it. Vitter nature of a substitute. Hoeven Nelson (NE) I want everybody to know that the Hutchison Nelson (FL) Warner Reid amendment No. 1834 (to amendment Inhofe Paul Wicker bill is imperfect, and that perhaps is an No. 1833), to change the enactment date. Inouye Portman Wyden understatement. What we are trying to Reid amendment No. 1835 (to amendment Isakson Pryor do with amendments offered by Sen- No. 1834), of a perfecting nature. NAYS—22 ators MERKLEY and REED is to improve Reid (for Cantwell) amendment No. 1836 (to this bill, which has a lot of problems. the language proposed to be stricken by Akaka Franken Merkley amendment No. 1833), to reauthorize the Ex- Baucus Gillibrand Mikulski These two amendments would go a long Blumenthal Harkin port-Import Bank of the United States. Reed way toward correcting those. Boxer Landrieu Sanders This is an important piece of legisla- Reid amendment No. 1837 (to amendment Brown (OH) Lautenberg Webb No. 1836), to change the enactment date. Cardin Leahy Whitehouse tion, and we are confident that it will Reid motion to recommit the bill to the Conrad Levin improve innovators’ access to capital Committee on Banking, Housing, and Urban Feinstein Menendez and give startups the flexibility they Affairs, with instructions, Reid amendment NOT VOTING—2 need to hire and grow. But it is not per- No. 1838, to change the enactment date. Crapo Kirk fect, I repeat. As with any other piece CLOTURE MOTION The PRESIDING OFFICER. On this of legislation, there are ways we can The ACTING PRESIDENT pro tem- vote, the yeas are 76, the nays are 22. improve it. On this bill, there are many pore. The cloture motion having been Three-fifths of the Senators duly cho- ways we can improve it. I am sorry we presented under rule XXII, the Chair sen and sworn having voted in the af- cannot do more. directs the clerk to read the motion. firmative, the motion is agreed to. To that end, the Senate will consider The legislative clerk read as follows: Cloture having been invoked, the mo- two germane amendments to this IPO CLOTURE MOTION tion to commit falls as being incon- bill that will protect investors and pre- We, the undersigned Senators, in accord- sistent with cloture. vent fraud. ance with the provisions of rule XXII of the Mr. REID. Mr. President, I raise a The first amendment is sponsored by Standing Rules of the Senate, hereby move germaneness point of order against the Senator MERKLEY and others. It deals to bring to a close debate on H.R. 3606, an pending Cantwell-Graham amendment. with companies that raise capital on- Act to increase American job creation and The PRESIDING OFFICER. The line from small investors. This amend- economic growth by improving access to the point of order is well taken, and the ment will ensure that watchdogs are in public capital markets for emerging growth amendment falls. place to protect the small investors companies. Mr. REID. Mr. President, I raise a and their money from fraudulent com- Harry Reid, Ben Nelson, Jon Tester, germaneness point of order against the panies and abuse of the system. Charles E. Schumer, Joe Manchin III, People are lurking out there waiting Patty Murray, Mark R. Warner, Chris- Reed-Landrieu-Levin-Brown of Ohio topher A. Coons, Robert Menendez, substitute. for ways to cheat. I am sorry, but it is Thomas R. Carper, Joseph I. Lieber- The PRESIDING OFFICER. The true. These are people who are either man, Debbie Stabenow, Robert P. point of order is well taken and the amoral or immoral, looking for oppor- Casey, Jr., Tom Udall, Jim Webb, Bar- amendment falls. tunities to make money. I appreciate bara Boxer. AMENDMENT NO. 1884 very much the work that a number of The ACTING PRESIDENT pro tem- Mr. REID. Mr. President, I call up Senators have put into this amend- pore. By unanimous consent, the man- amendment No. 1884, offered by Sen- ment. It is an important amendment, datory quorum call has been waived. ators MERKLEY, BENNET, and others. and it is so important to improving The question is, Is it the sense of the The PRESIDING OFFICER. The this bill. You will hear much more this Senate that debate on H.R. 3606, an act clerk will report. afternoon from the sponsors of the to increase American job creation and The legislative clerk read as follows: amendment about why it is so impor- economic growth by improving access The Senator from Nevada [Mr. REID], for tant. to public capital markets for emerging Mr. MERKLEY, Mr. BENNET, and Mr. BROWN of The second amendment is sponsored Massachusetts, proposes an amendment by Senator REED of Rhode Island. All growth companies, shall be brought to numbered 1884. a close? Senators have stature, but JACK REED, (The amendment is printed in the The yeas and nays are mandatory with his military background, his expe- RECORD of Monday, March 19, 2012, under the rule. rience in the House, and his experience under ‘‘Text of Amendments.’’) in the Senate, is a man we all look to The clerk will call the roll. Mr. REID. Mr. President, I ask for The legislative clerk called the roll. for leadership. His amendment will en- the yeas and nays on that amendment. sure fair and honest disclosure by com- Mr. KYL. The following Senators are The PRESIDING OFFICER. Is there a panies raising capital. It will stop busi- necessarily absent: the Senator from sufficient second? Idaho (Mr. CRAPO) and the Senator There is a sufficient second. nesses from gaming the system and from Illinois (Mr. KIRK). The yeas and nays were ordered. avoiding oversight by hiding thou- The PRESIDING OFFICER (Mr. AMENDMENT NO. 1931 TO AMENDMENT NO. 1884 sands—or maybe tens of thousands—of FRANKEN). Are there any other Sen- Mr. REID. Mr. President, I call up investors. This will stop when this ators in the Chamber desiring to vote? the second-degree amendment, No. amendment passes. Democrats and Republicans agree The yeas and nays resulted—yeas 76, 1931, offered by Senator REED of Rhode nays 22, as follows: Island. that we need to pass the IPO bill and make it easier for American companies [Rollcall Vote No. 53 Leg.] The PRESIDING OFFICER. The to raise capital, to grow operations, YEAS—76 clerk will report. The legislative clerk read as follows: and to hire new workers, but we must Alexander Bennet Brown (MA) do so in a way that balances the needs Ayotte Bingaman Burr The Senator from Nevada [Mr. REID], for Barrasso Blunt Cantwell Mr. REED, proposes an amendment numbered and rights of investors and prevents Begich Boozman Carper 1931 to amendment No. 1884. fraud and abuse.

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.018 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1885 These two amendments will accom- only way to ensure the Ex-Im Bank can of self-reliance, which is clearly re- plish that. These two amendments are continue to help American companies flected in the entrepreneurs and the not going to make the bill perfect, but grow and create jobs is for the Senate successful and innovative small busi- it will be a lot better. to attach it to this IPO bill, and that nesses they have created and grown in While the IPO measure before the failed. this great State. They clearly reflect Senate today is an important piece of Yesterday, Senate Republicans had America’s entrepreneurial spirit, which legislation, experts agree its impact on an opportunity to join with Democrats helps keep rural America strong and job creation will be somewhat limited. to create hundreds of thousands of jobs makes our economy the most innova- This legislation is something that is in this country over the next many tive in the world. before this body. Yesterday, Senate Re- years. They passed up that oppor- Our small businesses in Montana publicans blocked a bill that would cre- tunity. Once again, they chose to pick vary from family farms, ranches, and ate, in 1 year, as it did this year that an unnecessary fight instead. They one-man manufacturing shops, to inno- we are in, 300,000 jobs. It is hard to want to fight over even things they vative biotech companies and cutting- comprehend, but people who sponsored agree with. How do you like that one? edge information analytics firms. the amendment voted against it. But They love this bill, but they want to Many of these newer firms have the op- this isn’t anything new. I think it is fight about it. portunity to change the landscape such callous disregard for what is fair Our No. 1 priority is to create jobs, when it comes to diversifying Mon- and right. and we have shown that. It is obvious tana’s economy. The Republican leader has been talk- that the Republicans don’t have their According to research from the ing nonstop about how important it is priorities straight. But this is some- Kauffman Foundation, nearly all net for Congress to continue to create jobs. thing we have had to live with. jobs created since 1980 have come from So I am disappointed—and that is an We are going to work with the minor- firms 5 years or younger. The role of understatement—that yesterday Sen- ity to come up with a time to have a startups in creating jobs and driving ate Republicans, led by my friend the vote. The time expires around 6 o’clock innovation has been well documented, Republican leader, rejected an oppor- tonight. Because of a number of things but that ability to create jobs is lim- tunity to help American exporters going on here today, I hope we can ited if these firms do not have access to grow and hire. have a vote earlier than that. We will financing to scale and to grow their The Ex-Im Bank helps American ex- do our best to work with the Repub- companies. So central to job creation porters compete in a global economy, lican leader to try to come up with a is making sure investors and capital and it has always enjoyed broad, bipar- vote. There will be three votes: markets are accessible for startups. tisan support—until this Republican Merkley, Reed, and final passage. Because of this potential for growth, minority stepped in here. The last time The PRESIDING OFFICER. The Sen- we need to do all we can to empower ator from Montana is recognized. it was offered, in 2006, a Republican of- these businesses with the tools they Mr. TESTER. Mr. President, I ask to fered it. It got unanimous consent to need to survive and thrive at every speak for up to 10 minutes, with Sen- pass. This legislation has been going stage of their development. These ator MERKLEY following me. since the 1930s. It is backed by the Na- The PRESIDING OFFICER. Without young companies must be able to ac- tional Association of Manufacturers, objection, it is so ordered. cess the capital they need to bring in- the Chamber of Commerce, the Busi- Mr. TESTER. Mr. President, I rise to novative ideas and products to the ness Roundtable, and labor unions. All speak in strong support of the capital marketplace. my Republican friends can explain to formation bill that we received cloture Back in July I held the first of a se- the Chamber of Commerce, the Na- on a few minutes ago. ries of hearings in the Banking Com- tional Association of Manufacturers, In a place where we too often get mittee to examine the challenges and and the Business Roundtable that not bogged down by politics, this legisla- opportunities facing innovative small only did they kill this bill but they tion reflects a strong, bipartisan com- businesses as they try to access cap- stopped the deficit from going down by mitment to creating jobs by ensuring ital. A major take-away from the hear- $1 billion, because the Ex-Im Bank bill that small businesses have access to ing was the need to ensure that capital reduces the deficit by $1 billion. Of critical capital that they need. This markets remain within reach of course, it had Republican cosponsors. legislation has tremendous potential to startups at various stages of their de- In fact, my Republican colleagues, create jobs and spur economic growth velopment, particularly in the stages including many who voted against this and innovation. The key component to before they may be ready to go public. amendment yesterday, admitted they achieving all of these goals is ensuring A key recommendation offered at the support the legislation. I had a number that small businesses have access to hearing came from Rob Bargatze of of Senators come to me saying, we like the capital they need to grow their Ligocyte Pharmaceuticals in Bozeman, it. As I said yesterday in my remarks, businesses and create jobs. MT. He said we should take a closer they are voting against a bill they say This legislation is a rare instance in look at updating SEC regulation A to they like. The Republican leader said a Congress where both Chambers in both better enable small businesses to raise number of things yesterday, but he parties come together to focus on this capital through these public offerings. said he wanted to vote down this wor- Nation’s most urgent priority, and that The regulation A exemption was cre- thy proposal because he wants to pass is jobs. The President has already ex- ated in the Securities Act of 1933 to it separately. pressed his support for it. So let’s get provide small companies with an op- We understand what is going on here. this bill done and off to him for his sig- portunity to raise capital without The Republican-dominated House of nature. being subject to full registration with Representatives wants to send over Over the past few years, I have held the SEC. here a hollow shell of the Ex-Im Bank, 12 small business opportunity work- Ligocyte is developing a new and they would look to us and say that shops all over the State of Montana. norovirus vaccine with the potential to we now have an Ex-Im Bank bill. What Without a doubt, access to capital is prevent hospitalization and save sig- they have come up with is so foolish, always one of the most critical issues nificant health care costs—and to cre- and that is a good description of it. that I hear from small business owners. ate those jobs of the future. Working Their offer is hollow. They want to ap- Access to capital makes all the dif- through the FDA approval process is pear to support the Ex-Im Bank and at ference for a small business. If the not easy. It requires years of hard work the same time kill it. money is there, so is the expansion; so and tens of millions of dollars. It can Democrats actually do support the is the capacity to do more research and be tough for any company to stick it Ex-Im Bank, and we made that very development; so is the next great idea. out for that long or for that much clear to everybody and voted accord- Without capital, though, there is no money, but for a small firm in Boze- ingly. We want it to become law. growth, no risk-taking, and there are man, MT, it can be especially difficult. House Republicans have shown no de- no jobs. Access to capital to fund their clinical sire to even consider this important Montana is a State of entrepreneurs. trials will be the determining factor in jobs measure—let alone pass it. The It is a frontier State. It has a tradition their ability to gain FDA approval.

VerDate Mar 15 2010 05:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.022 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1886 CONGRESSIONAL RECORD — SENATE March 21, 2012 Back in September, Senator TOOMEY raised to $5 million. So the idea that at a time that is right for them and and I introduced the Small Company this is some risky new idea is not cor- take advantage of the public markets Capital Formation Act to update regu- rect. In fact, at a briefing with the SEC as they continue commercialization of lation A by increasing the total a few weeks ago, SEC lawyers sug- their products. amount of capital that can be raised gested that there was absolutely noth- For Lance Trebesch of through these offerings to $50 million, ing scary about S. 1544 and that they ticketprinting.com and Ticket River, while protecting new investors. Cur- felt very comfortable with the existing this legislation will enable him to grow rently, the businesses can only raise $5 investor protections included in that his ticket printing, event management, million under regulation A—a limit bill. and online ticket printing firm. Since that has not been updated in nearly 20 The bottom line is that I am thrilled 1997 this company has expanded its years and one that many view as too we will finally have an opportunity to reach internationally, with over 25 em- low to be a valuable tool in raising cap- pass this legislation—hopefully very ployees in Bozeman and Harlowton, ital. soon—and get it to the President’s MT. The bill maintains the most attrac- desk. This bill will ensure that entre- tive elements of regulation A, includ- What does this legislation mean for preneurs across the State of Montana ing the ability for issuers to test the Montana entrepreneurs? Let me cite a will have a whole new set of tools at waters before registering with the SEC. few examples. their disposal so they can make smart It also preserves the nonrestricted sta- For Brett Baker, president and CEO decisions about their future to develop tus of securities sold through a reg A of Microbion Corporation in Bozeman, and expand their businesses. They will offering so that these securities can be lifting the cap on regulation A offer- have more choices and better access to resold to investors after the initial of- ings will provide him with broader op- capital markets, which should also give fering. portunities to raise capital. Instead of them more leeway to create and inno- New investor protections include a worrying about where the next phase of vate. requirement that issuers file an au- financing will come from, he can focus We have seen ecosystems of support dited financial statement with the on discovery and research, working for small businesses such as these as SEC—a requirement that has been in- with the Department of Defense to use they spring up in virtually every coun- cluded in the legislation that I intro- compounds Microbion discovered to ty in Montana. Obviously, the success duced as well as the House bill before treat antibiotic-resistant wounds. of these companies has implications for us today. The bill also directs the SEC These changes will also allow a com- job creation and growth, but there are also tremendous opportunities for in- to establish additional disclosure re- pany such as Microbion to access cap- novation. quirements and requires issuers to ital at an earlier stage without dilut- It is not surprising that in Montana electronically file offering statements ing its earlier investors who believed in them from the earliest days of that so many startups have located near with the Commission. universities in Missoula and Bozeman. Additionally, the bill subjects those company. And raising capital publicly In fact, many of these firms got their offering or selling securities under reg- through regulation A would also give start with discoveries in the labs at ulation A to negligence-based liability folks in Bozeman who know about the Montana State and the University of company an opportunity to share in its under section 12(a)(2), and it includes Montana. With this legislation, the success, something that is not possible disqualification provisions to prevent possibilities are endless for Montana now unless they are an accredited in- bad actors from making these offerings and for entrepreneurs and innovators in a way that is consistent with Dodd- vestor. More broadly, this legislation is across Montana and this Nation. Frank. Mr. President, I look forward to vot- going to provide small businesses in From what I have heard said about ing on this legislation and getting it to Montana’s emerging data and biotech the House version of regulation A, you the President for his signature. would presume none of these investor industries with new tools and options With that, I yield the floor. protections are included. Let me clar- to access capital at different stages of The PRESIDING OFFICER. The Sen- ify that the bill I introduced with Sen- development, and it will also provide ator from Rhode Island. ator TOOMEY, S. 1544, is identical to the necessary updates to existing regula- Mr. REED. Mr. President, I ask unan- language included in the House bill, tions. For example, changes to the imous consent that at the conclusion H.R. 3606, that is before us today. SEC’s 500 shareholder rule would en- of the remarks of Senator MERKLEY The truth is that the substitute sure companies, such as investment and Senator BENNET, I be recognized. amendment that was voted on yester- brokerage D.A. Davidson in Great The PRESIDING OFFICER. Without day made very minor changes to this Falls, can continue to provide their objection, it is so ordered. portion of the House bill, such as employees with stock in the company Mr. REED. I thank the Chair. changing a ‘‘may’’ to a ‘‘shall’’ and without having to go through a costly The PRESIDING OFFICER. The Sen- adding a study by the SEC 5 years after and time-consuming registration proc- ator from Oregon. implementation of these changes. ess with the SEC. This Montana-grown AMENDMENT NO. 1884 We should have been able to pass this company dates back over 75 years and Mr. MERKLEY. Mr. President, I rise bill by a voice vote here in the Senate has always believed in rewarding its to speak to amendment No. 1884. Spe- since this bill has enjoyed strong bipar- employees so they can have a stake in cifically, this is the crowdfunding tisan support in the Senate, with six the success of the firm, which now op- amendment. That might be a term that bipartisan cosponsors. Regardless of erates in 16 States. Without these is new to many, so let me explain. that, I am pleased that this balanced changes, a company such as D.A. Da- The Internet provides new opportuni- bill also enjoyed a 420-to-1 vote in the vidson would be faced with the choice ties for capital to reach small busi- House—420 for, 1 against. Imagine of costly public registration or poten- nesses and startup entrepreneurs, and that—all but one voting Member of the tially eliminating existing employee what this crowdfunding amendment House of Representatives agree on this shareholders. does is to say that when the crowd; bill. For companies such as Rivertop Re- that is, all of those who are surfing the I would also note the SEC’s recently newables in Missoula, this legislation Internet, goes to a funding portal on released recommendation from its will provide them with an onramp to the Internet, a Web site, to support a Forum on Small Business Capital For- going public if that is an option they company, to invest in a company, there mation increasing the regulation A ex- choose to take one day. Rivertop has is an orderly process that adequately emption to $50 million was one of the begun full-scale production of their facilitates this type of opportunity top recommendations at this forum. groundbreaking green biochemical while providing fundamental investor By the way, this is an idea which has products used in commercial products protections. So this will be an effective been in the SEC’s Forum on Small such as dishwashing detergents and de- instrument of capital formation be- Business Capital Formation rec- icer. These changes will ensure that cause, indeed, if crowdfunding becomes ommendations almost every year since Rivertop will have multiple strategies a situation where inaccurate informa- 1993, the year after the limit was last at their disposal so they can go public tion is put forward, where there is no

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.026 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1887 accountability, where there are pump- you need to have audited financial $100,000, their cap is 5 percent of their and-dump schemes, then the reputation statements. So, as the amount of annual income; if they are over of crowdfunding will be deeply dam- money you are asking for increases, $100,000, it is 10 percent. So it allows for aged and the opportunity for capital the degree to which you need to do due larger amounts of money from those formation will be equally affected. diligence financially and present the who have much higher incomes but This follows on a model that is al- details increases as well. provides basic aggregate cap protec- ready on the Internet in some other There is certainly nothing that tions so we don’t end up with folks who contexts. For example, you can visit a would prevent a particular Web site are on public services because they Web site called kickstarter.com, and from establishing its own standards were swindled out of everything they you as an individual can look at a host above and beyond these particular lev- had. of concepts that are being put forward els. Another key distinction is that under for social and artistic activities across A second thing is it is critical there the House bill one can list their offer- this country. You can say: Yes, I want be accountability for the accuracy of ing and close their offering within a to help that artist build that sculpture the information. The House bill not single day, which provides absolutely or so on and so forth. They may say only doesn’t even require information, no feedback loop for any type of de- how much money they want to raise, but they put out information and there tected deception. Under the Senate and you would decide what you want to is no accountability. Basically, it is an bill, we create a 3-week period from donate. That is a donation model. You invitation to spin any story one likes. one’s listing to their closing. So one also can go to Web sites such as pros- What the Senate bill says is, in order lists their idea. If enough people sign per.com or kiva.com, and these are for this capital market to work well up to reach one’s funding request peer-to-peer lending Web sites. If you one has to stand behind the accuracy of level—say one has requested to raise go to prosper.com, you will see a whole their information. It has basic liability $600,000. If enough people sign up and list of folks who are saying: Yes, I want accountability; that is, as a director or they are investing $100,000 here, $1,000 to consolidate my credit cards, I would officer of this organization, they are there that one reaches their goal, as like to borrow X amount and I am of- standing behind the accuracy of what soon as the 21-day period expires, then fering an interest rate of such-and- they put out. It has a due diligence they close. So that does give time for such, and here is a little bit of back- protection so this is very balanced. It some sort of feedback loops regarding ground, and you can decide if you want has a requirement that the information any sort of fraudulent activity. to lend to that individual or not. That be relevant or germane to the conduct Another distinction is that the House is peer-to-peer lending. of the company. So that is another pro- bill allows a company to pay promoters Well, what crowdfunding does is to tection for the business itself. So it is and not disclose it. That is called create an equal opportunity for folks balanced between the two. But this can pumping. If one has ever seen the to invest in early-stage businesses, give investors a basic belief that what movie ‘‘Boiler Room,’’ one can see a startup businesses, small businesses. is being set up are reasonable amounts basic classic pump-and-dump scheme, Imagine, for example, you run into of information proportional to the re- where a roomful of folks on the phone someone at a cafe who says: I have this quest and that the officers and direc- are calling people, cold-calling them, new idea for a coffee shop called tors are standing behind this informa- and they are saying: Hey, I am calling Starbucks. I am going to call it tion. That creates the foundation for because I am giving you this incredible Starbucks. Would you like to help me an effective marketplace. investment opportunity and here is the launch this? A third distinction between the story. They can say anything they And you say: Well, another coffee House bill and our amendment No. 1884 want and they can talk people into shop—I don’t know if the world needs is the House bill does not require com- buying that stock and then the stock is another coffee shop. panies to go through an intermediary. actually being purchased from the Maybe you jump in and maybe you In other words, under the House bill, if folks who own the boiler room. Then, don’t. Then years later, you say: Oh, I someone wants to promote their com- as soon as they sell all the stock they should have seized that opportunity. pany, they can simply put out an e- have, they quit making phone calls, Well, through a crowdfunding portal, mail. An e-mail can say anything they the value of the stock drops, and every- you get to hear those stories. You get want because they are not responsible body who invested loses out. That is a to read those stories being presented for the accuracy, and they can send it classic boiler room. That is a classic by folks from across the country about to everyone in the world. They can pro- pump and dump. The House bill allows their efforts, and you can decide if you ceed to put up popup ads that simply paid promotion with no disclosure. want to participate. promote their company—again, with The Senate bill says if they are going Now, crowdfunding is in the larger no accuracy required. But by creating to get on the blog’s site within a Web capital formation bill that comes to us an Internet intermediary and that site portal and say favorable things from the House, but that particular intermediary has to register, we create about a stock and if they are paid by formulation is deeply flawed, and I am a streamlined formulation so they have the company to do it, they have to dis- going to walk through a series of dif- a funding portal registration much close that. They simply say: Hey, I am ferences between the House bill and the simpler than a broker dealer. But in employed by such and such, but I want Senate bill for my colleagues so they doing so, they agree they are not going to bring to your attention some merits can understand why we need to pass to take any position on the various in- of this. But at least the public knows amendment 1884. vestment opportunities they are list- where they are coming from. The first factor is that the House bill ing. So you truly are the marketplace. Another essential issue is the issue of does not require someone listing them- They are not saying, by the way, that dilution. Dilution is not a solution in selves or asking for startup money to particular offering by that company is this world; it is a problem. Those are provide any financial information. a sweet deal. They can’t pump it; they folks who get in on the front end and Well, that is a huge mistake. If there is can’t favor it. So you are a neutral think: I got in on this idea early. I am no information, there is nothing to marketplace, again, enabling the inves- going to benefit from having made this guide, if you will, the wisdom of the tor to know they are getting straight- effort, and find out later a bigger inves- crowd. forward information, not something tor came in and the stock was diluted What we do in this Senate amend- that is spun. in a fashion in which they are basically ment is to create a simplified format. Another distinction is the House bill written out of their share of the owner- If you are seeking less than $100,000, has no aggregate caps. The result of ship. So the Senate bill directs the SEC then your CEO simply certifies what that is that a person could lose their to provide investor protections in this the financials are for the company. If entire life savings in one fell swoop. area. you are seeking from $100,000 to The Senate bill puts on very reasonable These are key distinctions. These are $500,000, then you need to have a CPA proportional caps that say if one’s in- the distinctions between a solid foun- review the financial statements. If you come is $40,000 or less, their cap is dation for capital formation in this in- are seeking more than $500,000, then $2,000; if they are between $40,000 and credibly exciting new opportunity, new

VerDate Mar 15 2010 01:15 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.027 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1888 CONGRESSIONAL RECORD — SENATE March 21, 2012 market, and simply a path to preda- to talk for a moment before I yield to today, if someone is a child living in tory schemes that the House is pro- the Senator from Rhode Island about poverty, their chances of getting a col- viding. That is why I am encouraging what it is we are trying to solve. Too lege degree are 9 in 100. If we don’t my colleagues to support the amend- often I think we don’t ask ourselves change the way we educate people in ment Senator BENNET, who will be what the nature of the problem is we this country, we will continue to see 91 speaking next, and I have put together are trying to solve before we actually of 100 children living in poverty con- and a number of our colleagues have set about solving it, and then—no sur- strained to the margin of our economy joined us, including Senator LANDRIEU prise—we end up actually making mat- and the margin of this democracy. and Senator SCOTT BROWN. This is a ters worse. That is an important piece of work. We credible foundation for an exciting In my townhalls the chief concern of have a vital national interest in that, idea. the people who come is that median and we are not paying attention to it Let me close with this notion; that family income has continued to decline here. is, that across America, Americans in this country. For the first time in But also we have to create the condi- have $17 trillion invested in their re- this country’s history, the middle class tions in this country where we are tirement accounts. If they were to put is earning less at the end of the decade driving innovation and driving job 1 percent of those funds into this type than they were at the beginning of the growth because the days of just expect- of crowdfunding startup, they would be decade. That has never happened before ing the largest companies in this coun- providing $170 billion of investment po- in the United States. try to create jobs are over. The jobs tential for small companies and start- So person after person has come and that went away in the 20th century, up companies. That is an incredibly said: MICHAEL, I have done what I was many of them are not coming back in powerful potential form of capital to supposed to do. I kept working at my the 21st century. It is about businesses put America forward. It is small busi- job. Nobody said I didn’t do a good job. that are started tomorrow and next nesses that create most of the jobs, and But my wage is actually less in real week and the week after that and the this capital formation idea will help in dollars today than it was at the begin- month after that. In order to create that. Let’s get it done. ning of the decade, but the cost of those sorts of conditions, the amend- I certainly deeply appreciate the con- health insurance continues to go up, ment we have presented, this tributions of my colleague from Colo- the cost of college. I have had at least crowdfunding amendment, could un- leash billions of dollars, as the Senator rado, Senator BENNET, who will make half a dozen people say to me they can- his points. not afford to send their kid to the best from Oregon said, of local investment, The PRESIDING OFFICER. The Sen- college they got into. I can’t think of investment on Main Street—or on ator from Colorado. anything that is more of a waste of our someone else’s Main Street through Mr. BENNET. Mr. President, I wish productivity than that. the Internet—that could allow people to recognize the Senator from Oregon, The essential problem we are facing with great innovative ideas for the first time to raise capital from our Mr. MERKLEY, for his leadership on this in this economy is structural. Our issue and for his willingness, when gross domestic product, believe it or middle class and from other people who times got tough, to dig even deeper and not, as we stand here, is higher than it would like to participate in this kind make sure we get to the balanced ap- was when we went into this recession, of new business venture. This is not all we need to do. There proach that is reflected in this amend- the worst recession since the Great De- are many things we need to do, and I ment. It is a bipartisan amendment, pression. Productivity is also way up. think there are things in this overall which around this place I think is wor- The efficiency with which we are driv- bill we need to fix. But this bipartisan thy of all of us taking a moment to ing that economic growth is way up be- amendment represents a real step for- cause we have had to respond to com- recognize, and it is an amendment the ward. As we look to the future, it is the petition from abroad. We can’t take people who know most about reason we need to do comprehensive anything for granted anymore. We crowdfunding support. I wish to read tax reform in this Congress. It is the have employed technology to drive pro- several paragraphs from some of those reason we need to fundamentally think ductivity from the cotton pickers in folks. differently in this Congress about our my wife’s hometown to the largest For- From Launcht, which is a regulations. We should be asking our- tune 500 companies that we have, and crowdfunding platform, they note that selves the question: Are we more or we have 23 or 24 million people who are our compromise: less likely to be creating jobs in the [i]s important because, unlike previous either unemployed or underemployed United States with rising wages? I bills, for the first time, we have a Senate bill in this economy. think we should put the politics of this with bipartisan sponsorship, a balance of The economic output is back, but it aside because there isn’t a person in state oversight and federal uniformity, in- has decoupled from wages and it has this Chamber who doesn’t want to do dustry standard investor protections, and decoupled from job growth and that this. We start, though, with the rec- workable funding caps. was true before we went into the worst ognition that we have structural issues From the National Small Business recession. You see, the last period of Association, we hear that our com- we need to resolve. economic growth in this country’s his- I hope everybody who hasn’t had the promise: tory is the first time our economy grew chance to get a look at the amendment [w]ould promote entrepreneurship, job cre- and wages fell, that our economy grew will look at it. I hope people on both ation and economic growth by making it and that we lost jobs. It was a decou- much easier for small companies to raise sides of the aisle will support this pling of economic growth from wage amendment. I am very pleased it is bi- capital and get new ideas off the ground. growth and from job growth. There is This legislation represents a reasonable ef- partisan, with Senator MERKLEY and fort to accommodate differing points of view something terribly wrong with that Senator BROWN, and I look forward to and to move this important idea forward. picture, and it is creating an enormous voting on this amendment this after- One prominent investor protection downward pressure on the middle class noon. advocate wrote that: in this country. I see the Senator from Rhode Island There are a bunch of things we need is here. I thank him for his leadership [t]he CROWDFUND Act addresses this con- to do, but there are two major things cern by providing significant regulatory re- on this legislation, and I yield the lief to very small issuers without unreason- that I think we need to do; one is, we floor. ably compromising the investor protection need to educate our people for the 21st The PRESIDING OFFICER. The Sen- provisions on which the federal securities century. The worst the unemployment ator from Rhode Island. laws are grounded and the long-term success rate ever got for people with a college Mr. REED. Mr. President, I commend of the U.S. securities markets has been degree in the worst recession since the Senator MERKLEY and Senator BENNET based. Great Depression, the one we just went for their extraordinary work, indeed, in The Senator from Oregon did an ex- through, was 4.5 percent. That is a collaboration I believe with our col- cellent job of describing the provisions pretty good stress test, it seems to me, league Senator BROWN from Massachu- in this bill, so I am not going to go of the value of a college education in setts to make significant improve- over that ground again. But I do wish the 21st century. But as a country ments in the crowdfunding provisions

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They for that. the shareholders who are recorded as have to provide the proxy material It addresses one of the significant such on the books of the company. This through the brokerage or bank to the issues in the House bill but, frankly, is where the term ‘‘beneficial owner’’ beneficial owners, so they know very not all the significant issues. There are comes from. In such instances, the well—in fact, quite precisely—their some extremely glaring, I think, provi- shares are held of record by a third beneficial ownership, their real share- sions in the House bill that we at- party, usually a broker, on behalf of holders. tempted to address in the Reed-Lan- the shareholder. For example—and this But using record level as the trigger drieu-Levin substitute. That substitute is one of many examples—if you buy to remain private, to avoid public re- amendment, although it received a ma- shares from Charles Schwab, that dis- porting, to me again is the wrong ap- jority of votes, did not receive enough count brokerage firm would likely proach. My amendment would clarify to achieve cloture to be the bill we are serve as the record holder and you the definition in this new shareholder now considering. We are now consid- would be the beneficial owner. It is threshold section of the underlying ering the House bill. your money; you paid for it. It is your bill, and ensure that companies are not I have an amendment to that House vote because you are a beneficial avoiding these public reporting re- bill that addresses one of several dif- owner. It is your right to sell the quirements by using a threshold of ficulties with the House legislation. In- shares. But as far as the company is 2,000 record holders if they have 2,000 or vestors, when they buy stock in public concerned, the holder of record is the fewer beneficial owners. If this is a companies, expect routine disclosures. broker, Charles Schwab. truly small business that has 1,500 indi- They expect to know on a quarterly I think we have all been familiar and vidual shareholders, beneficial owners, basis, and in a very real sense on an an- all received in the mail a big package and they want to remain dark—that nual basis, what is the company doing? of proxy materials from our broker. It seems to be something that we cer- What are the prospects of the com- is not, in many cases, directly from the tainly would countenance, and with my pany? All that goes hand in hand with company. It is from the Wells Fargo language it would be possible to do so. the widely dispersed ownership of a Advisors, it is from Schwab Advisors, I think this approach makes it fair public company. The House legislation et cetera, because they are on the for everyone. It also doesn’t frustrate would allow many companies with a records of the company as the ones who the expectations of a person who buys substantial number of beneficial share- are the record holders. They distribute a share of nationally known stock that holders, the actual owners, the real the material to beneficial owners. is publicly reported and gets a 10–Q and owners of the stock, the ones who can The consequence is that for compa- every year the 10–K, and suddenly they vote the stock, the ones who get the nies that may have a very few or rel- don’t get anything. They wonder what dividends, the ones who vote on the atively few record holders, they have is going on at the company. Maybe the proxies or directly for the leadership of thousands and thousands of beneficial company merges with another com- the corporation—it would allow them owners. Those are the individuals who pany, creates a new company, and now to remain dark. This might be appro- will lose out if the company decides, has less than 2000 holders of record. I priate for some companies that have a under the House bill, to suddenly go or think that is not an approach we relatively small base of real owners, remain dark, to avoid public reporting. should countenance. I think trans- but the way the House has drafted this As I have indicated before, most in- parency and accurate information are legislation it could risk allowing a sig- vestors today do so through inter- critical to the success of our capital nificant number of larger companies to mediaries—through brokers, through markets, and I think this legislation go or remain dark. others. As a result, they would not nec- will do that. Requiring quarterly re- The Securities Exchange Act of 1934 essarily be counted as a record holder. porting of firms with a large number of set up a system of public reporting. Be- Record holders—the brokers, the large shareholders—real shareholders, bene- ginning in 1964, the SEC required that entities—are increasingly purely ficial shareholders—protects investors companies with at least 500 holders of passthroughs. They are agents with no while at the same time improving over- record—and at least $10 million in as- economic interest in the company, no all market transparency and effi- sets, to follow the routine reporting re- voting rights. Those are held by the ciency. From this information, those quirements under the securities laws. beneficial owners. That is why I believe individual analysts and brokers who The decision was made that at that that beneficial ownership should be the follow companies are able to determine point a company does have a size that test for whether companies have to re- their recommendations, are able to ad- is adequate and necessary so that they port under the Securities Exchange vise clients that you should buy this should be disclosing. Act. It should encompass those who company, it is a good company. The issue that is motivating the have the power to sell and/or the power When the company goes dark, that House is this 500-person requirement. It to vote the shares. They are the actual information source dries up and it is was adopted, as I said, in 1964. There is shareholders. They are the individuals harder for individuals, brokers, invest- a sense that the limit is probably too who management is committed by fi- ment advisors to give advice. I think low. The House version is 2,000. We duciary duties to work for. So I think this would not be helpful to the mar- make no attempt to change the House it is appropriate that when we raise ket. In fact, I think it might, iron- limit of 2,000 now, the new limit. But this level to 2,000 we also ensure that it ically, impede capital formation, not what we want to be sure of is that the is not simply record holders, it is the facilitate capital formation. individuals who are being counted are beneficial owners—the real owners, for There is one important point that not the record holders, they are the want of another term. has to be stressed, and that is my real owners, the beneficial owners. In There also could be, for example, two amendment does not affect the em- fact, many companies are very astute identical companies with identical ployee exemption in the underlying and assiduous in assuring that these numbers of beneficial owners but they bill. The House bill has a blanket ex- record holders fall beneath this 500 might have different numbers of record emption for counting owners of the level. holders because of the way the shares company for employees. We have re- There are many large companies, are held—in trust or by a broker, et viewed this exemption in our legisla- well-known companies, as I mentioned cetera. And one company reporting and tion with eminent experts, including in my previously remarks, that have one not reporting does not seem to be Prof. John Coates at Harvard Law thousands of beneficial owners but still to be a fair or efficient way to do busi- School, and he concurs that employees have, on their own records, less than ness. would not be swept up into being

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It was included in our fortunate to be joined by a senior mem- This should allow them to do so. substitute which did not receive 60 ber of the Senate Finance Committee, Again, my legislation makes no at- votes to pass cloture but did receive Senator GRASSLEY. tempt to change the underlying House the majority of votes in this body. I I would ask my colleague from Iowa, bill, which gives a very broad blanket think it is something, again, that will as a senior member of the Senate Fi- exemption for employees, who are ex- improve this legislation. I would not nance Committee, who spent a lot of empted from the shareholder threshold. hesitate to add that many more im- time studying and debating President There is another aspect here, too, provements are necessary, but cer- Obama’s health care law, my question and that is ESOPs, employee stock op- tainly this would be an improvement. to the Senator is, Do you think the tion plans, because they do acquire I would note the absence of a President’s promises match the re- stock on behalf of employees. We spe- quorum. ality? cifically asked Professor Coates, one of The PRESIDING OFFICER (Mr. Mr. GRASSLEY. I say to the Senator the preeminent experts in securities UDALL of New Mexico). The clerk will from Wyoming, definitely not, and law, whether this would inadvertently call the roll. Americans are seeing every day that is trigger or inadvertently complicate the The assistant legislative clerk pro- not the case. If I could respond a little beneficial ownership rule. His opinion ceeded to call the roll. bit more in length, I would go back to is that ESOPs typically count as one The PRESIDING OFFICER. The Sen- 1994 and point out a problem President record holder and one beneficial owner ator from Wyoming. Clinton had, and in turn that President because they do not pass through the Mr. BARRASSO. Mr. President, I ask Obama tried to avoid about 14 years votes or the right to direct sales. They unanimous consent that the order for later. It was in 1994 that the health do not have the characteristics which the quorum call be rescinded. care reform issue came before the Con- are typical of the beneficial owner: the The PRESIDING OFFICER. Without gress—promoted by President Clinton right to vote and the right to sell the objection, it is so ordered. at that time—and it failed in large part stock. They maintain those rights. Mr. BARRASSO. Mr. President, I ask because it fundamentally changed the They do not delegate those to the indi- unanimous consent to enter into a col- health care coverage for nearly every vidual employees who might be part of loquy with my Republican colleagues American. the pool. So Professor Coates’ view is for 30 minutes. We know the bill that is now law has that ESOPs also would be exempt from The PRESIDING OFFICER. Without fundamentally changed, but President being counted, if you will, as more objection, it is so ordered. Obama, in 2009—and throughout his than one entity. HEALTH CARE campaign in 2008—decided he would We have also reached out to the Se- Mr. BARRASSO. Mr. President, on combat the failure of the Clinton ad- curities and Exchange Commission and the Senate floor this morning Senator ministration on health care reform, we have received some assurances, DURBIN called on Republican Members and not being successful there, by re- from talking to Meredith Cross of the to offer to give up what he called their peating over and over to Americans: SEC, that, given their rulemaking Federal health care. I heard his com- ‘‘If you like what you have, you can power, they have within the ambit of ments, and he makes an interesting ar- keep it.’’ That is basically what we their power in implementing this legis- gument. But, once again, Democrats in heard at least 47 different times while lation the ability to clarify any of the Senate are ignoring history, as the the bill on health care reform was these points. So that not just employ- Senator did today. They are ignoring being debated. ees who receive stock through an em- the facts and ignoring the Democrats’ We heard that from the President ployee plan, but an ESOP and other en- record on this issue. himself. We probably heard it from tities that hold stock—not on behalf of The truth is, Republicans in this Members of this Congress hundreds of their investors but have the right as an body have already offered to give up times. While it may have been politi- entity such as a venture capital fund or their health insurance coverage. In cally useful to make that promise to a private equity fund—have the right fact, here is the rest of the story: the American people, it remains a at that fund level to vote and to direct During the debate on the health care promise he cannot keep and he did not the sale of the shares and receive the law—almost 2 years ago today—Repub- keep. dividends—that they, too, would be licans offered to forego their private The fact is, millions of Americans are counted as one entity. coverage and instead enroll all Mem- seeing changes in their existing health Professor Coates, as I said, believes bers of Congress in Medicaid, the gov- plans due to the health reform law. So, this will not affect the venture capital/ ernment’s safety-net program for low- basically, when the President said, ‘‘if private equity firm structures, which income individuals. The Democrats in you like what you have, you can keep would typically count as one share- this body unanimously rejected this it,’’ it is not turning out that way, and holder, whether of record or bene- idea. Every Democrat voted no. This Americans are seeing it every day. ficially. The VC firm or PE firm does was on an amendment by former Sen- The administration’s regulations not pass through votes or the right to ator LeMieux from Florida, an amend- governing so-called ‘‘grandfathered direct sales to its own investors, and ment that asked to enroll all Members health plans’’ will force most firms—up the same might be said with mutual of Congress in the Medicaid Program. to 80 percent of the small businesses— funds, pension funds, et cetera—the Yet at least 50 percent of the newly to give up their current health care primary passthrough which would be covered individuals under the Demo- programs, and that is happening fairly counted as brokers and banks, who crats’ new law are going to get cov- regularly. When those businesses lose hold on behalf of beneficial owners. erage, and they will get their coverage their grandfathered status, they imme- What we have, I think, is legislation through Medicaid. diately become subject to costly new that recognizes the need to increase So the President’s solution for health mandates and increased premiums that the number adopted in 1964, but also to care in this country is to put 50 percent follow. So the economics of health care recognize that the real owners of com- of the newly covered individuals under costs and health care insurance dictate panies far exceed, in many cases, the Medicaid. Yet the Democratic Members that people are not going to be able to holders or record, and that these real of the Senate unanimously voted no. If keep what they have, as the President owners depend upon the routine report- Democrats believe Medicaid is good promised. ing that is required under the Securi- enough for the 24 million people they Families in 17 States no longer have ties Exchange Act so they can be in- will soon force onto the rolls, my ques- access to child-only plans as a result of

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It is not known how many fam- 2021; $575 billion is not going to guar- My recollection is that there was even ilies who lost coverage for their chil- antee Medicare for everybody in the fu- an issue on the ballot about the health dren because of the law have been able ture. We have to reform and change care law and mandates and related to find an affordable replacement. Medicare if that promise is going to be issues. Medicare Advantage covers about 20 kept. We all want to do that, but the So I ask my friend and colleague percent of the senior citizens of Amer- President has made that more difficult. from Missouri if there are comments he ica. There is a study that shows the The Congressional Budget Office would like to add to help with this dis- Medicare Advantage enrollment is wrote that over $500 billion in Medicare cussion of the broken promises of the going to be cut in half. The choices reductions ‘‘would not enhance the Obama health care law. available to seniors are going to be re- ability of the government to pay for fu- Mr. BLUNT. Mr. President, I thank duced by two-thirds. Then there is the ture Medicare benefits.’’ You know the doctor for his leadership on this open question about Americans who re- what the President said during the de- issue during the debate on the health ceive their health care through large bate on this bill: ‘‘I’m not going to care law itself and right up to now, the employers. The CBO recently released touch it.’’ But he has touched it in a second anniversary of it being signed a report that constructed a scenario big way. into law. Certainly Missouri voters where as many as 20 million Americans The Chief Actuary had this to say were the first voters who went to the could lose their employer coverage. about the Medicare reductions: polling place and registered their views While I acknowledge that the Con- Providers— on this. As I recall, 72 percent said they did not want to be a part of it. The fa- gressional Budget Office report pro- Meaning hospitals and doctors— vided the number that I just mentioned mous comment made on the other side Providers for whom Medicare constitutes a of the building by the Speaker—we will as only one possible scenario, there are substantive portion of their business could many who believe that is very plau- find it difficult to remain profitable and, ab- know what is in the bill once we pass sible given the incentives in the health sent legislative intervention, might end it—has proven to be very true and not care law created for large businesses. their participation in the program. very positive from the point of view of So I say to the Senator from Wyo- So not only touching 500-and-some that bill. ming, 47 times—just while we were de- billion dollars, but also touching it in a The Senator from Wyoming and Sen- ator GRASSLEY have talked about the bating it; I don’t know how many way of limiting access for senior citi- promises made already—the promise times during the campaign—this Presi- zens of America when the President not to touch Medicare, the promise dent said, ‘‘If you like what you have, said, ‘‘I’m not going to touch it,’’ he that if you like what you have, you can you can keep it.’’ It is a promise that misled the American people. keep it—surely nobody can say that was not kept. The CM Actuary said, in essence, with a straight face anymore—and the Mr. BARRASSO. Well, I say to my these cuts could drive providers from promise during the campaign that colleague from Iowa, it is interesting the Medicare Program. I have a hard that we take a look at this and so there wouldn’t be a mandate. time understanding how these massive Four years ago this was the big divi- many promises that reflect one specific cuts to Medicare count as somehow: sion of the two principal candidates for promise, ‘‘if you like what you have, I’m not going to touch Medicare. the nomination on that side. Senator On the other hand, the biggest prob- you can keep it.’’ Obama’s view was that there would be I practiced orthopedic surgery for 25 lem facing Medicare in the near term is no mandate, that there was no need for years, taking care of families in Wyo- a physicians payment update problem a mandate. In fact, at one point he said ming. Many of those families included that we constantly have to address and that having a mandate would be like family members who were on Medicare, could have been addressed in the health solving homelessness by mandating the program for our seniors. Senator care reform bill. You know what. It that everybody buy a house. Now, that GRASSLEY has made some reference in was not addressed. Of course nothing is not my quote, that is President his earlier comments about seniors, was done about it. Perhaps that is what Obama’s quote when he was Senator people who are on Medicare, people the President meant when he said Obama—having a mandate on health who are having a harder time finding a about Medicare, I say to the Senator care would be like solving the housing doctor. This health care law clearly from Wyoming, ‘‘I’m not going to problem by saying we are going to re- had an impact on seniors as well. touch it.’’ quire that everybody buy a house. So I would ask my colleague from Mr. BARRASSO. That clearly points This plan does not work. It doesn’t Iowa, are there specific things the Sen- out to the people around the country come together. The parts of the plan ator has been hearing as he travels what they know, and if they are on that were supposed to pay for the plan around the State and visits with folks Medicare that it is that much more are one by one being discarded. at home in terms of perhaps promises challenging for them to even find a Remember the so-called CLASS Act, made specifically to seniors and those doctor because of the $500 billion of the long-term care act, which tech- broken promises related to Medicare? cuts to Medicare—and not to save nically, I guess, would have produced Mr. GRASSLEY. That is not only a Medicare, not to strengthen Medicare, some money because it collected promise that has been broken, that is a but to start a whole new government money the first 10 years; the first 10 promise that is very easy to quantify program for other people. So those are years, we are counting the money and because, on July 29, 2009, during the several of the promises the President we are not allowed to spend any of it consideration of this health care re- made. for the first 10 years. So, sure, that form law, the President said: We just heard from my colleague would be a net income to the Federal Medicare is a government program. But from Iowa, ‘‘if you like what you have, Government. We are not spending and don’t worry: I’m not going to touch it. you can keep it.’’ We know that prom- money is coming in. But even the Sec- So let’s take a look at the health ise has been broken, and now the prom- retary of Health and Human Services care law and see if that promise was ises by the President—I will protect said what many of us said at the time, kept. The health care law made signifi- Medicare—which is clearly not the which is that this plan won’t work, so cant cuts in Medicare programs. This is case, as the American people have seen, we are not even going to collect the what we can quantify in dollars and which is why this health care law is money because we know there is no cents. even more unpopular today than it was way this particular structure will do On April 22, 2010, the Chief Actuary of when it was passed. what it is supposed to do. Medicare analyzed the law and found But thinking back to the time it was It is just one broken promise after that it would cut Medicare by $575 bil- passed, the Senator from Missouri Mr. another, it is just one set of provisions

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That is patient-centered health care—not gov- the Congressional Budget Office re- what she had to say to get a majority ernment-centered, not insurance com- cently estimated that I think 20 mil- vote even within her own party to get pany-centered, but patient-centered lion people who get insurance now at it through the House of Representa- health care. That is what people are work would lose that insurance at tives. But, in a sense, she is right. One asking for, and they get tired of all work once this goes into effect, and could understand every letter of this these broken promises the President that was not a calculation in the origi- law, but it has 1,693 delegations of au- has made. thority for the Secretary to write regu- nal bill. Everybody was at least calcu- I remember the President said he was lating that anybody who has insurance lations, and until they are written, we aren’t really going to know what is in going to bring down the price of pre- now would keep what their employer miums by $2,500 per family per year. would continue to pay for. Well, for 20 it. We remember the accountable care organization rules that came out. Six What family wouldn’t want that? The million of them, apparently, that is not whole purpose of the health care law going to be the case. pages out of 2,700 in the bill dealt with accountable care organizations, but the initially was to get the costs of health I yield to the Senator from Wyoming care under control. This didn’t do it. on that topic of just what employers first regulations that were written are going to have to decide to do once were 350 pages long. So we really won’t If I go to a townhall meeting, as I did they are faced with this new mandated know how bad this legislation is maybe not too long ago in Wyoming, and say: policy that covers not only what they for a few years down the road, and How many of you under the new health think they can afford but whatever hopefully we never get that far down care law are finding that you are pay- some government official decides is the the road. ing more for health insurance, not the perfect policy for all Americans. Now, Mr. BARRASSO. My understanding $2,500 less a year the President prom- of the accountable care organization imagine that—the perfect policy for all ised, but how many are paying more, component is that the very health pro- Americans. One-size-fits-all almost al- every hand goes up. Then we ask the grams the accountable care organiza- ways means that one size doesn’t fit question: How many of you believe the tions were modeled after, the ones the anybody. And these employers, it is quality and the availability of your President held up as the models across now understood, are in many cases just own care is going to go down as a re- the country—one was in Utah, one was going to take the option that they will sult of this health care law, and every Geisinger in Pennsylvania, and I be- pay the penalty that is less than they hand goes up. I know that in the Show lieve the Mayo Clinic may have been a are paying now for insurance or they Me State of Missouri, that is not what third—once those 350 pages of regula- are going to have to require their em- people want. They don’t want to pay tions came out, the programs the ployees to go get their insurance in a more and get less. I don’t know if my President said were the models we subsidized exchange. That means tax- colleague has been hearing things simi- want to follow, they all said: We can’t payers will be helping buy insurance lar to that at home. comply with these regulations. They for people who today have insurance Mr. BLUNT. I think that is what we are too stringent. They are too con- through their employers at the rate of are all hearing. Whether you are for fining. They will not work in our pro- at least 20 million, and I think that this bill or not, my guess is that you gram. number will be a lot higher than that. are hearing that if you are asking that So if it is not going to work in the Mr. BARRASSO. Well, it does seem question. places where the President said they that way to me, to the point that now, are doing it well, to me that means Another of the President’s promises 2 years out, Senator COBURN and I put they are not going to work anywhere in was that an average family, if this together a report on what we are find- Wyoming and very likely not anywhere health care plan went into effect, ing. It is a checkup on the Federal in Iowa or anywhere in Missouri as we would pay $2,500 less, as the doctor just health law, and the title is ‘‘Warning: try to make sure patients get the care said, per year. In fact, since he became Side Effects.’’ That is because there are they need from the doctor they want at President, insurance premiums have huge side effects from this health care a cost they can afford. risen by $2,213 a year—not a $2,500 cut law. The four that we have written out That is why I continue to look at this but a $2,213 increase, according to the on the prescription pad, as we see it, on health care law and go home every Kaiser Family Foundation. The survey the prescription pad handed out by weekend and talk to people, and I con- says that in 2008, for employer-provided President Obama, No. 1 is fewer tinue to hear that this bill is bad for insurance, the average family premium choices; No. 2, we have higher taxes; patients, bad for providers—the nurses was $12,860. Last year it was $15,073. No. 3, more government; and No. 4 is and the doctors who take care of the These are incredible increases for fami- less innovation. That is what the patients—and bad for taxpayers. lies, coupled with the bad energy poli- American people are seeing as the side When we take a look at Medicare— cies and other policies that put fami- effects of this health care law. People and Senator BLUNT made a comment lies into a condition they would hope don’t want few choices, they want about Medicare and some of the not to be in and we hope for them not more choices. People don’t want higher changes—who is going to make these to be in. So you have increased costs to taxes, they want lower taxes. They decisions? It looks to me as though, families, increased costs to the system. don’t want more government, they from reading through this law, it is want less government. They don’t want about 15 unelected bureaucrats with That is the other thing the President less innovation, they want more inno- this so-called Independent Payment said. Another broken promise was that vation. That is what the American peo- Advisory Board who will decide what this health care bill would control ple asked for. hospitals will get paid for providing costs. Recently, according to the Medi- There was a reason to do health care various services. So in small commu- care Actuary—the person who cal- reform—because people wanted the nities, the hospital may say: Well, we culates these costs—the estimate was care they need from a doctor they want can no longer offer that service. I have that national health spending would go at a cost they can afford. I know that heard my colleagues talk about the up at least $311 billion over 10 years is what my colleague from Iowa sees specific loss of the ability of hospitals under this plan. Now, that is not cost when he goes home every weekend and to even stay profitable with some of control; that is $311 billion, almost talks to people in his home commu- the cuts, from taking $500 billion away one-third of $1 trillion in increases. nities. from Medicare, again, not to save and Payment reductions to hospitals— Mr. GRASSLEY. Mr. President, if I strengthen Medicare but to start a the Senator from Wyoming mentioned could add one thing at this point, we whole new government program for this board that will make these deci- don’t really know how bad this law is others. sions. I am not sure there will be

VerDate Mar 15 2010 02:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.036 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1893 enough people on that board who un- Even the fact that the White House historic threat to the liberties our Con- derstand rural hospitals and under- has sent out postcards to all these stitution was designed to secure. stand why it is critical that rural hos- small business—the IRS spent over $1 A decent respect for the opinions of pitals that are critical-care hospitals million of taxpayers’ money to send the American people cautioned against continue to have different arrange- out millions of postcards promoting passing this law on a purely partisan ments with the government than oth- the tax credit—the Treasury Depart- basis. Yet in spite of the clear opposi- ers do for the government-provided ment’s inspector general recently testi- tion of the American people to this health care, such as Medicare and Med- fied that ‘‘the volume of credit claims massive expansion of government icaid. And if they understand that, has been lower than expected’’—as a power, and to its historic spending and there may not be enough people on the matter of fact, only 7 percent of the 4 tax increases, the President and his board who understand the unique needs million firms the administration congressional allies were determined to of urban hospitals that have a heavily claimed. jam this bill through the Congress. uninsured population. Why? Well, because of the complexity The architects of this strategy, if not How is this 15-member board going to and the whole way the system was set the party loyalists who carried it out be better than the 500 Members who up, the President was able to talk big against the wishes of their constitu- serve people in Washington now, trying and deliver very small. That is why so ents, sleep easy at night having done to look at specifics and then be ac- many people are very unhappy with the so, because they knew that this was a countable? To whom is this board ac- claims in the health care law because once-in-a-generation opportunity, the countable? What decision do they make they know these promises have been crowning achievement of the liberal that somebody can challenge in a broken. bureaucratic state. A takeover of the meaningful way, in a way that they With regard to NANCY PELOSI’s fa- Nation’s health care sector and its top- would be really concerned about? mous quote—that first you have to down regulation by Washington had So it doesn’t control costs as the pass it before you get to find out what eluded Democrats for over 70 years. President said it would. It doesn’t re- is in it—that is why I come to the floor The economic downturn of 2008 duce insurance costs as the President every week with a doctor’s second changed that. With the election of said it would. I think it will wind up opinion because it does seem just about President Obama and significant ma- with maybe even more people unin- every week we do learn some new unin- jorities in the Congress, the left was sured as long as the penalty paid is less tended consequence, something new not going to, in the words of the Presi- than the premiums paid, particularly about the health care law and another dent’s Chief of Staff, ‘‘let a crisis go to for young workers who are outside the reason why Americans are unhappy waste.’’ What this strategy meant in system today. Under the President’s with it, why it remains as unpopular, if practice was that Democrats would ad- plan, we eliminate the advantage they not more unpopular, today as when it vance a radical liberal agenda whether have for being young and healthy by was passed, and why so many people the American people supported it or saying: No, you can’t really classify believe the Supreme Court should find not. That is the anniversary we are ob- groups, whereas if a person gets life in- this bill unconstitutional, for the rea- serving this week, and it is a dark spot surance, that person will certainly pay sons that do have Americans at home on our Nation’s history, in my opinion. more if they are 75 than if they are 27. in an uproar, and very unhappy that The Obamacare episode showed a fun- They are just going to pay less. It is the government can come into their damental disrespect for the opinions the same way today for health insur- homes and mandate that they buy a and constitutional common sense of ance as well because it is clear that the government-approved product and pay the American people. Faced with grow- likelihood of a person using that plan for it or pay a fine. Nothing like this ing unrest and real concerns about the at 26 is different than it is at 62. So all has happened before, and people are, impact of this law on families, the of these things just don’t add up, and frankly, offended. economy, and access to health care, people are beginning to figure that We do not know what the Supreme the law’s proponents assumed that the they don’t add up. Court is going to do, but I know what American people were too dumb to get I thought Senator GRASSLEY made a this body ought to do. This body ought it; that once Obamacare became law, very good point about even when we to vote to repeal and replace this bro- the American people would come to passed the bill, we wouldn’t know all of ken health care law and get a health love it, as well as the benefactors who the costs of this bill until it actually care law in place which is what the gave it to them. That is what they goes into effect. I am very much in sup- American people wanted, which is, the thought. As Speaker PELOSI explained: port of his view that we never want to care they need, from the doctor they We have to pass the bill so you can find let this get so far down the road where want, at a price they can afford. out what is in it. we would know how much it would We have not seen that yet. But that The great liberal conceit was on full really cost or all the rules and regula- is why we are here on the second anni- display in the process that led to this tions we would really have because it versary of the President’s health care bill becoming law. We know better will head health care in a direction law, to continue to point out the flaws than you, they said. We can plan one- where we might not be able to reverse of this legislation. Quite interestingly, sixth of the American economy, and course and get to a health care system when you take a look at some of the you will eventually come to like it. that is really focused on patients and national poll numbers, for people who Well, as we all know, the American health care providers rather than gov- have talked to a health care provider— people had something else in mind. ernment bureaucrats deciding what is whether that be a nurse, a doctor, a They reminded Congress and the Presi- the best health care for everybody. I physician’s assistant, a physical thera- dent that in this country the people want my doctor to decide. I want to be pist, a nurse practitioner, no matter are sovereign. They stood up as free part of that discussion. I do not want who—they are even less supportive of men and women rejecting Obamacare some government bureaucrat deciding it than the general public. before it became law and refused to what procedure is the only procedure Mr. HATCH. Mr. President, this Fri- embrace it afterwards. And as their un- that is acceptable for me. day the Nation observes an anniversary derstanding of the law has deepened, Mr. BARRASSO. It is interesting— that most Americans would prefer to they have remained constant in their because I know the Senator goes home, see removed from its calendar. I am commitment to full repeal. According as I do, very often to talk to many of talking about the second anniversary to a Rasmussen poll this week, over the small business owners in the State of the passage of the President’s health half of Americans support the full re- of Missouri, as I do in Wyoming, and as care law. Rather than celebrate this peal of Obamacare. Senator GRASSLEY does in Iowa—one of day, it is one that citizens and tax- Next week, the Supreme Court will the promises the President made is, he payers have come to rue and regret. hear oral argument on the constitu- said 4 million small businesses may be The process by which Obamacare be- tionality of this misguided law. In ar- eligible for tax credits. Well, it turns came law was an affront to republican riving at their decision later this year, out that the key word there by the principles of democratic self-govern- they will consider Obamacare through President is ‘‘may’’—may be eligible. ment. The substance of this law is an the prism of past precedents and the

VerDate Mar 15 2010 02:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.037 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1894 CONGRESSIONAL RECORD — SENATE March 21, 2012 Constitution’s original historic mean- comes as no surprise to the American the culmination of generations of gov- ing. But the Justices of the Supreme people. The President’s health care law ernment expansion, and it shows once Court are not the only ones evaluating promised all sorts of new free care. But and for all that we are all going to be the constitutionality of this law. The we all know, contrary to the repeated paying for the liberal welfare state. American people and citizens of this assertions of President Obama and his Taxing Warren Buffet is not going to Nation have their own obligation to administration, nothing in life is free. cut it. All American families will pay consider whether this law comports The bill will eventually come due for for this $2.6 trillion spending law one with our Constitution and principles of all this so-called ‘‘free care,’’ and it is way or the other. After centralizing limited government, and on that the taxpayers who will pay that bill. control of the Nation’s health care sys- verdict is already in. According to a re- According to the Congressional Budg- tem in Washington, DC, and putting cent Gallup poll, 72 percent of Amer- et Office, ‘‘Rising costs for health care health care decisions into the hands of ican adults, including 56 percent of will push Federal spending up consider- government bureaucrats, we will all self-professed Democrats, believe that ably as a percentage of GDP.’’ pay for it through higher taxes, less op- the law’s individual mandate is uncon- This is not what the President and portunity, and diminished access to stitutional. his allies promised. We were promised care. The average American who opposes lower costs. What we got were higher Our children are going to have to pay this law on constitutional grounds costs, more Federal spending on health for it, as a nation conceived in liberty might not be a law professor or an ap- care and, with it, more taxes and more is increasingly burdened by an pellate advocate, but those citizens and debt. unsustainable national indebtedness; taxpayers understand our Constitution When fully implemented, ObamaCare that is, unless the American people get was designed to guarantee liberty and authorizes $2.6 trillion in new Federal the final word on this. They certainly that it did so, in part, by limiting the spending over 10 years. It will increase should. powers of the Federal Government and premiums by $2,100 for families forced I believe in the American people. I maintaining the sovereign powers of by ObamaCare to purchase their own know what my fellow Utahans think the States. insurance. Its Medicaid expansions will about the President’s health care law. They know the unconstitutionality impose $118 billion in new costs on the No less than legislators or Justices, of ObamaCare runs far deeper than the States. they take the Constitution seriously. onerous individual mandate. The law It will increase spending on prescrip- They know this law is unconstitu- is, at its core, a violation of our most tion drugs, physician and clinical serv- tional. They know what it does to free deeply held constitutional principles. ices, and hospital spending. It will in- markets and to free men and women. It undermines personal liberty and crease the deficit by $701 billion over They know that if this law is constitu- puts more power in the hands of the its first 10 years. tional, then there are effectively no Federal Government. In the interest of How does the President propose to limits on what the Federal Govern- advancing what the left views as a con- pay for this? Here is how: He will pay ment can do. They know this law has stitutional right to health care, they for it by selling more Treasurys to to go. I look forward to showing it the undermine actual constitutional rights China. He will pay for it by increasing door. to life, liberty, and property. taxes and penalties by over $500 billion, The PRESIDING OFFICER. The Sen- The law’s mandate for abortion-in- and American workers will ultimately ator has used 30 minutes. ducing drugs undermines sacred rights pay for it with 800,000 fewer jobs than Mr. BARRASSO. Thank you very of personal conscience and religious would have otherwise existed. much, Mr. President. liberty. This is not the story the President or I yield the floor. Its expansion of Medicaid fundamen- the Democrats in Congress responsible The PRESIDING OFFICER. The Sen- tally transforms the relationship of the for this law want the American people ator from Massachusetts is recognized. States to the Federal Government, un- to hear. So they will attempt to spin Mr. BROWN of Massachusetts. Mr. dercutting the ability of those sov- their way out of it. President, I enjoyed the preceding pres- ereign communities to make basic de- In a memo obtained by the press last entation by the Senators dealing with cisions about the welfare of their citi- week, the advocates of ObamaCare laid issues surrounding health care. I think zens by crowding out spending for po- out their strategy to sell the merits of it is a very relevant discussion we need lice, infrastructure, and education. this misguided law prior to oral argu- to all pay attention to. The American people might not have ments at the Supreme Court. AMENDMENT NO. 1884 submitted complex legal briefs in the This week was designed to lay out all I want to talk on two issues today. I Supreme Court litigation, but their the great things provided by will start first with the crowdfunding conclusions about ObamaCare possess a ObamaCare. But, naturally, that memo amendment that has been offered by unique and powerful wisdom. The peo- mentions absolutely none of the costs. Senators BENNET, MERKLEY, and me— ple of Utah and the rest of this country It doesn’t mention the cost of these something we have been working on in understand the very DNA of benefits for Federal taxpayers. It a truly bipartisan manner, as it should ObamaCare—a commitment to more doesn’t mention the costs for employ- be done here, and as I do many of my government control, the empowering of ers and workers. It doesn’t mention actions. an already unaccountable administra- that the law could lead to as many as For those of you who may be listen- tive state, and an assault on free mar- 20 million Americans losing employer- ing either up in the gallery or on tele- kets—is unconstitutional. sponsored health benefits by 2019. It vision, crowdfunding is an opportunity This was not what President Obama doesn’t mention the impact the $1⁄2 tril- for individuals to invest money up- promised the American people. The lion in tax increases and penalties will wards of $1,000, upwards of $1 million President couched this government have on the economy, and it doesn’t total—so $1,000 per person, totaling $1 takeover of the Nation’s health care mention the harm this law does to our million—not dealing with a lot of the sector as a modest reform designed to Constitution and its principles of re- traditional SEC filings that are in reduce costs. publicanism, personal liberty, and lim- place and a lot of the other problems in When he spoke before a joint session ited government. which only very wealthy people in of Congress in September of 2009 to I wish I could say I was surprised, but years past have been able to partici- push for his plan, the President prom- I am not. ObamaCare is merely the pate in these types of offerings. ised it would ‘‘slow the growth of capstone to a generations-long liberal For example, right now, if I had a health care costs for our families, our project that has attempted to convince good idea, and I wanted some of my businesses, and our government.’’ citizens that they can have their cake friends to invest in it, and then we go The President swung and missed on and eat it too. They can have all the and start marketing, we could not do all three. According to the President’s benefits of an ever-expanding welfare that. That is illegal. One of the Presi- own Actuary at CMS, national health state, and nobody—or only the very dent’s objectives in his jobs speech was expenditures would increase by $311 bil- rich—would have to pay for it. to talk about these new opportunities, lion over the law’s first 10 years. This ObamaCare exploded this myth. It is and crowdfunding is one of them. He

VerDate Mar 15 2010 02:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.039 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1895 supports it. The House has done a simi- or boyfriends in domestic violence inci- partisan, bicameral bill that the Presi- lar crowdfunding bill. We are actually dents in 2011 and 2012 alone, and it is dent will sign. taking this crowdfunding opportunity only March of this year. I have been deeply troubled to see and putting a little bit more safeguard It is unacceptable. The loss of those that this year’s reauthorization has be- in it. lives is tragic. But in addition to the come, once again, partisan. There is no I think our bill is different—well, I people who have lost their lives, the reason for it. There is no excuse for it. know our bill is different than the lives of the victims’ children, families, We just did the Hire a Hero veterans House bill in that the House bill does and friends have been destroyed. I bill, we did the 3-percent withholding, not require that you actually are a know because I was a victim of domes- we are doing the insider trading, we did legal business or even some kind of in- tic violence. As a child, I watched as the highway bill. There is no reason we corporated legal forum before you try my mother was beaten by abusive step- cannot do the VAWA bill on a com- to issue stock. That bothers me some- fathers. I did what I could to protect pletely nonpartisan basis. what in that you could have somebody my mom and my sister, but as a young I am on the floor today to call on my in their living room taking people’s boy there was only so much I could do. colleagues to band together and pass money and issuing stock with no check I remember vividly being a 6-year-old this reauthorization and send a very and balance, and I think that is impor- boy going to protect my mom and get- strong signal to Americans that the tant. ting beaten on until the police came. It Senate—yes, the Senate—stands united It also does not require that you offer is something that still lives with me, in recognizing victims from across the securities through an intermediary. and I try to use that experience and country, to give them the help they You could put up your own Twitter knowledge to help in many different need and, obviously, deserve. site: Buy shares is my great idea. Come ways. In Massachusetts, VAWA is sup- on and buy shares. When I was growing up, quite frank- ported by law enforcement and many All the experts agree that we would ly, there were not the resources that service providers that are on the front need to require an intermediary, say, are available to victims today. I wish lines in assisting domestic violence like an eBay, where the crowd can help my mother had known back then that victims. I know. Previously, as an at- identify the good and bad players, the she was not alone. I wish she could torney, I dealt with family law mat- way that eBay uses identified bad sell- have used one of the fantastic support ters. I know of the yeoman’s work ers on their site. providers that now exist in Massachu- these entities do. On Friday, I will be visiting Voices But also, as I said, it allows invest- setts today. Since being elected to the Against Violence in Framingham, MA. ments to take place that cannot be Senate, I have been moved by the orga- They receive VAWA funding to support done right now, and allows those enti- nizations in my State that are stepping direct services to victims and survivors ties, those groups, to take that money to the plate—and continuously step to of sexual assault and ensure that a and either use it as the investment the plate each and every day—to pro- trained rape crisis counselor is avail- seed money to create those new ideas vide support to victims of domestic vi- and new jobs—as we know, startup able after hours and on weekends. olence. The YMCA in central Massachusetts businesses are the entities that are ac- Quite frankly, as a government, we in Worcester uses those funds for a tually looking to create jobs at this have made tremendous progress in proactive program that has service pro- point—and/or use that money as seed helping victims get their lives back in viders working very closely with law money to go to a more traditional order—not only the victims themselves enforcement to provide information to lender and say: Hey, we have a great but the family members of those vic- domestic violence victims and advo- idea and we also have some money to tims. cate on their behalf—at a time when, back it up, and we would ask you to The Violence Against Women Act quite frankly, these folks need advo- sign on with us. was first signed into law in 1994, as you cates. I am hopeful the amendment comes know, and made a bold statement that Because of VAWA, REACH Beyond up. I understand it is. I am looking for- we would redouble our efforts to sup- Abuse in Waltham has supported many ward to having that very important port law enforcement efforts to crack cutting-edge prevention efforts with vote. I would appreciate, obviously, the down on offenders and assist those teens and the placement of advocates Presiding Officer and everyone else giv- working in our communities to provide in police departments as a symbiotic, a ing strong consideration to that. assistance to victims seeking a new life give-and-take relationship in those de- REAUTHORIZATION OF THE VIOLENCE AGAINST away from the violence they had been partments. WOMEN ACT subjected to. The Jeanne Geiger Crisis Center in Mr. President, I wish to shift gears In each reauthorization we have im- Newburyport, where my dad lives, used for a minute and talk about the Vio- proved upon the previous bill and made VAWA funds to establish a high-risk lence Against Women Act. As we it stronger and made stronger commit- homicide prevention project and was know—you may not know—Jessica ments to those who have been abused. recently recognized by the White House Pripstein of Easthampton, Lisa Stilkey Now is not the time—let me repeat: for their work. of Douglas, Belinda Torres of Worces- now is not the time—to take our foot I could go on and on and on about the ter, Kristin Broderick of Haverill, Pa- off the gas and avoid dealing with this tremendous involvement and great or- tricia Frois of Marshfield, Edinalva problem. ganizations not only in my State but Viera of Brighton, Milka Rivera of The landmark Violence Against throughout this country that are mak- Lawrence, Nazish Noorani of East Bos- Women Act must be reauthorized this ing a difference in the lives of victims. ton, Casey Taylor of Winthrop, Alessa year. I am incredibly proud to have co- We need to stand as a body and not get Castellon of Roslindale, Lauren Astley sponsored this reauthorization when it into party rhetoric, and declare to of Wayland, Michael Trusty of first came to my attention. I believe it women across America that they are Edgartown, Janice Santos of Worces- makes critical commitments against not alone in this fight. We need to do ter, Beth Spartichino of Easton, Son this horrific problem. everything in our power to help the Tran of Lowell, Jettie Lincoln of Plym- Historically, VAWA has been a bipar- millions of women like my mom who outh, David Walton of Tauton, Elaine tisan effort, where both parties locked were once in this situation and are now McCall of Wakefield, Jennifer arms in support of our enforcement and survivors. And we need to help them Freudenthal of Webster, Brian victims against perpetrators of domes- become survivors, not victims. So I call Bergeron of Malden, Lancelot Reid of tic violence. It was a glimmer of hope upon my colleagues to join me in send- Dorchester, Joel Echols of Springfield, for an otherwise contentious and over- ing a very strong bipartisan vote and Maria Avelina Palaguachi-Cela of ly partisan atmosphere. I have to tell get this done. Brockton, Troy Burston of Medford, you—this is not the first time I have Mr. President, I yield the floor and Joseph Scott of Worcester, and Aderito said this—but there is no Democratic suggest the absence of a quorum. Cardoso of Brockton—are constituents bill that is going to pass, there is no The PRESIDING OFFICER (Mr. of mine who have been killed by their Republican bill that is going to pass, CARDIN). Will the Senator withhold his husbands, wives, partners, girlfriends, for those listening. It needs to be a bi- request?

VerDate Mar 15 2010 02:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.041 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1896 CONGRESSIONAL RECORD — SENATE March 21, 2012 Mr. BROWN of Massachusetts. Yes. I Senator MIKULSKI was born and mous crab cakes, the best you will ever am sorry. I did not see the Senator. raised in Baltimore. Determined to taste, and second only to the Dunge- The PRESIDING OFFICER. The Sen- make a difference in her community— ness crab of the west coast, I might ator from California. and you know that well, Mr. Presi- add. If you have not, make sure you try Mrs. FEINSTEIN. Mr. President, I dent—and guided by her Catholic belief the recipe on her Web site. We talk thank the distinguished Senator from and a belief in social justice, she be- about our families and the way we can Massachusetts for his remarks in sup- came a social worker, helping at-risk work together. It is a throwback to the port of the Violence Against Women children and educating seniors about civility of the Senate. These dinners Act. I believe the bill will be before us Medicare. She once said, ‘‘I feel that I are when BARB really stands out as the shortly. We will count on Senator am my brother’s keeper and my sister’s dean of Senate women. BROWN’s vote. So we look forward to keeper.’’ Social work evolved into com- Women in this country have always that. munity activism when BARB success- had to fight for the most basic of TRIBUTES TO SENATOR BARBARA MIKULSKI fully organized communities against a rights. I think young women forget Mrs. FEINSTEIN. Mr. President, I plan to build a highway through Balti- that it was not until 1920 that we were rise today to pay tribute to a public more’s Fells Point neighborhood. able to vote in this country, and it was servant, a social worker, and a tena- Shortly thereafter, in 1971, she was only because women fought for it. cious advocate for vulnerable Ameri- elected to the Baltimore City Council BARB will be the first to say her mile- cans. I rise today to honor a trailblazer where she served 5 years. That was and a mentor for me and countless oth- about the time I was elected to the stones are symbols of how far she has ers. I rise today to honor an out- Board of Supervisors in 1970 in San come. But she will also show us how standing U.S. Senator from Maryland Francisco. In 1976, she ran for Congress much farther women have to go. and the dean of the Senate women, my and won, representing Maryland’s 3rd Today we take it for granted that a friend BARBARA MIKULSKI. District for a decade. She was then woman can be Secretary of State—we I am privileged to have represented elected to the Senate and has won re- have had two—or Speaker of the California in this body for almost 20 election in 1992, 1998, 2004 and 2010 by House—we have had one or a candidate years. When I first ran for the Senate, large majorities. for President. Not quite yet. Oh, no, I back in 1992, I received a call from BAR- As I said, BARB is an accomplished take that back. We have had one. And BARA MIKULSKI, personally urging me legislator. She is also one of the very one day soon, a woman will sit in the on and reaching out to provide encour- best. She cares passionately about Oval Office of this great country. When agement. quality education and ensuring every I have relied on her advice, her she does, she will owe a great deal to student has access to higher education. friendship, and the Mikulski brand of BARBARA MIKULSKI. She is a fighter for stem cell research candor ever since. As a matter of fact, But on this day, let the CONGRES- to cure our most tragic and debili- one of my fondest evenings was a SIONAL RECORD of this Senate reflect tating diseases. She is a tireless advo- three-onion martini right down the and forever record that Senator BAR- cate for the National Institutes of street. BARA MIKULSKI is the longest serving Health. And she is a leader on women’s It is hard to believe, but when Sen- woman in the history of the United health, writing law requiring Federal ator MIKULSKI took office in 1987, there States Congress, and this country is standards for mammograms, and a was only one other woman in this forever better because of it. body, Senator Nancy Kassebaum, later fearless proponent of breast and cer- Nancy Kassebaum Baker, the great Re- vical cancer screenings and treatment I yield the floor. publican Senator from Kansas. Increas- for uninsured women. The PRESIDING OFFICER. The Sen- ing the number of women in the Senate We serve together on the Intelligence ator from Utah. Committee. She asks some of the most has been painfully slow. In 1991, the Mr. HATCH. Mr. President, I came ranks of women in this body rose to prescient questions. I have seen her commitment to the FBI, to fighting here to talk on another matter, but I three, then later to seven after the 1992 wish to take a few minutes to talk election. Today we have 17 women in terrorism, and also to cybersecurity about my friend BARBARA MIKULSKI. this body and 76 in the House. As Sen- where she headed a task force for our committee that has resulted in the cy- We have served a long time together. ator MIKULSKI reflected in the Wash- When she came to this body, I think I ington Post last year: bersecurity legislation newly pending. Finally, she has led the way to may have been chairman of what was Women were so rare even holding state- then called the Labor and Human Re- wide political office [back then] . . . I was strengthen pay equity for women. The greeted with a lot of skepticism from my Lilly Ledbetter Fair Pay Restoration sources Committee, now the Health, male colleagues. Was I going to go the celeb- Act is the law of the land today be- Education, Labor and Pensions Com- rity route or the Senate route? I had to work cause of BARBARA MIKULSKI’s effort. As mittee. very hard. BARB said when we passed the bill: From the day she got on that com- And she has. BARBARA has worked I believe that people should be judged sole- mittee, she made a difference in every very hard to become an outstanding ly by their individual skills, competence, way, not just for women but for every legislator and a trailblazing public offi- unique talent and nothing else in the work- single American in this country. I have cial. Let me list a few of her firsts. She place. Once you get a job because of your a tremendous amount of profound re- was the first female Democrat to serve skill and talent, you better get equal pay for equal work. spect for Senator MIKULSKI and what in both Chambers of Congress—that in she has been able to accomplish. itself is impressive—the first female Or, in a manner that best captures Democrat to be elected to the Senate BARB’s candor, she said, ‘‘Women of Let me mention one thing. Back in without succeeding her husband or her America, square your shoulders, put on the early 1990s, she and I worked to- father; the first woman to chair a Sen- your lipstick, suit up, and let’s close gether on what was called the FDA Re- ate appropriations subcommittee; the that wage gap once and for all.’’ To me, vitalization Act. That act was a very first woman to serve a quarter century that is classic BARBARA MIKULSKI. important one, because we had the in the Senate; and the first woman ele- Let me close with a story. Every so FDA spread out all over the Greater vated to a Senate leadership position. often at BARBARA’s leadership, the Sen- Washington, DC, area, probably 30, 35 She is the only current Member of ate women get together for dinner. different offices, some of which were in Congress in the National Women’s Hall There is no agenda or staff, just Repub- converted chicken coops. It was ridicu- of Fame. And she is not done yet. Just lican women, Democratic women, and a lous to have these top scientists in last week, BARB achieved another his- lot of lively conversation. We talk anything but a centralized location toric first. According to the Senate about our families, we talk about the with top computerization and all of the Historical Office, she reached 12,858 workplace, we talk about the world, other scientific instruments they need days of service, becoming the longest and, of course, we even talk, to some to do this work for the American peo- serving female Member of Congress in extent, about this place. Sometimes we ple. I have to say that BARBARA MIKUL- our Nation’s history. enjoy Senator MIKULSKI’s world-fa- SKI played a pivotal role in helping to

VerDate Mar 15 2010 05:52 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.042 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1897 develop that tremendous facility. I the first step in her now 41-year career dent Obama’s first bill. When he signed want you to know that I do not think in public service. it, the very first pen he handed over to it would have been developed without Over the course of the Senate’s 223- Senator BARBARA MIKULSKI. I was her effort and her dogged work to make year history, there have only been 38 there and I saw it. sure that we now have a centralized— female Members; the first, Rebecca Championed by Senator MIKULSKI, and it still needs improvement but cen- Latimer Felton, of Georgia, was ap- the long-awaited and much needed bill tralized FDA campus that literally is pointed for political reasons to fill a clarifies time limits for workers to file saving the lives of millions of people vacancy, and she served only a single unemployment discrimination law- and making the lives of millions of day in 1922. suits, making it easier for people to get people better. Senator MIKULSKI has so many firsts the pay they deserve regardless of race, I could go on and on. But I have a lot in her story of public service. She was age or gender. of respect for my distinguished col- the first woman elected to the Senate I wish to start here—but I don’t know league from Maryland. I would feel in her own right—the first—and not be- where I would end—to talk about the badly if I did not get up and tell people cause of a husband or father or some- important issues she has worked for. how much I do respect her. She be- one who served before her in higher of- Let me talk about health care for a lieves in what she does. She loves this fice. She was the first woman Demo- minute. When we set out to pass this body, most of the time, I think. And crat to serve in both Chambers of Con- historic affordable health care act, she cares for her follow Senators. We gress—the first. Last year, she was in- BARBARA was assigned the job to make care for her. I want her to know that. ducted into the National Women’s Hall sure it connected with the families and The PRESIDING OFFICER. The Sen- of Fame for her trailblazing political workers across America in a very real ator from Illinois. career, including, with this recognition way, to make sure that at the end of Mr. DURBIN. Mr. President, I rise to today, becoming the longest serving the day we weren’t talking to ourselves join my colleagues in honoring our woman Senator in the history of our or engaged in political gibberish but friend and colleague who is often re- Nation. passing a law that could literally garded as the dean of the women in the Given her years of experience, it is no change a life for the better. She led Senate, BARBARA MIKULSKI. wonder other Members of Congress that effort and made invaluable con- Earlier this week Senator MIKULSKI have turned to her for guidance, men tributions to the substance of that bill. added to her already long list of ac- and women alike. We knew those provisions would be complishments the distinction of being I can recall so many meetings of our important and that they would work the longest serving female Member of Democratic caucus when, after a long because we knew where BARBARA MI- Congress in the history of the United debate involving many people saying KULSKI came from and we knew where States of America. many things, BARBARA MIKULSKI would her political heart resides. While it is a Senator MIKULSKI’s life is a story of stand and, in a few terse words, get it milestone to celebrate Senator MIKUL- the American dream. Raised in a work- right. At the end of the day people SKI’s distinction as the longest serving ing-class immigrant family in the east would say: That is what we ought to woman in the Congress, there is a Baltimore neighborhood of Highland- do. She has this insight based on her much greater cause for celebration; town, Senator MIKULSKI learned at a life experience and her ability to try to Senator MIKULSKI’s decades of service young age about the struggles of work- peel through the layers of the political to this Nation is an admirable feat for ing families and ethnic Americans and onion and get to the heart of the issue. any man or woman. the value of paying it forward. Following the election of a number of I extend my congratulations to my She helped at her father’s grocery esteemed women into the Senate, a lot colleague and friend Senator MIKULSKI store, which opened early in the morn- of reporters deemed 1992 as ‘‘The Year for this milestone. Thank you for what ing so that steelworkers could buy of the Woman.’’ Senator MIKULSKI’s re- you have done for the Senate, for the lunch before their morning shift. She sponse was so typical and so right. This State of Maryland, and for our great delivered food to seniors and families is what she said: Nation. when parts of her neighborhood were Calling 1992 the ‘‘year of the woman’’ I yield the floor and suggest the ab- set on fire after the assassination of makes it sound like the ‘‘year of the car- sence of a quorum. Dr. Martin Luther King. At one point ibou,’’ or the ‘‘year of asparagus.’’ We are The PRESIDING OFFICER. The she even rode on the top of a tank to not a fad, a fancy, or a year. clerk will call the roll. deliver the groceries. That was typical BARBARA. Senator The assistant editor of the Daily Di- Senator MIKULSKI’s roots helped MIKULSKI rises above and beyond all gest proceeded to call the roll. shape her role today as a mentor, fight- that. From her first days in the Senate Mr. REID. Mr. President, I ask unan- er, and true public servant. She worked in 1987, she has fought an uphill battle imous consent that the order for the as a social worker for Catholic Char- to address the most important issues of quorum call be rescinded. ities, helping at-risk children and national importance. The PRESIDING OFFICER. Without counseling seniors on Medicare. She First and foremost for her is her fam- objection, it is so ordered. had her start in politics as a commu- ily, next is her great State of Mary- Mr. REID. Mr. President, the hour of nity organizer and social worker. land. She is a fearless advocate, and I 2:30 having arrived, it is my honor and In 1970—one side of BARBARA MIKUL- know the Presiding Officer knows that my pleasure to rise to honor a patriot, SKI her colleagues have certainly seen better than most as her colleague from a pioneer, and now the longest serving is her dogged determination—she orga- that great State. woman in the Congress of the United nized Marylanders to stop a 16-lane She has supported educational initia- States ever, and that is the senior Sen- highway project that would have tives, veterans causes, interstate com- ator from Maryland BARBARA MIKUL- threatened Fells Point and another merce, access to health care and wom- SKI. neighborhood in Baltimore. She got the en’s health and fair pay. BARBARA and I served together in the job done. Many people say that work The Chair knows the answer to this House, and we came to the Senate to- helped to save Fells Point and the question, but some of those listening to gether in 1986. I remember that day so Inner Harbor, two of the showcase the debate might not. What was the well, when we had our first appearance areas in the great city of Baltimore. first bill that the newly elected Presi- in the Senate as new Senators. It was She gave a speech at Catholic Univer- dent Barack Obama signed in the quite a moving event for me. But one sity to a Catholic conference on the White House with a public ceremony? of the events I remember about that ethnic American. It caught the atten- It was a bill BARBARA MIKULSKI pushed day is the presentation of Senator MI- tion not only of people in Baltimore hard for, the Lilly Ledbetter Fair Pay KULSKI. but far beyond its reach as she talked Restoration Act, so women going to We all said a word or two, and every- about her family story and the story of work all over the United States—not thing we said will be long forgotten. millions just like her. just in the Senate—would get a fair But what BARBARA MIKULSKI said, in One year later, she ran for and won a shake when it comes to the compensa- the way she has of saying things, will seat on the Baltimore City Council— tion for the jobs they did. It was Presi- not be forgotten.

VerDate Mar 15 2010 02:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.043 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1898 CONGRESSIONAL RECORD — SENATE March 21, 2012 Here is this woman who is not even City of Baltimore’s Department of So- I have told her this personally over the as tall as my wife, who is 5 feet tall, cial Services. I can imagine what a dy- years on several occasions to remind but she said, ‘‘I slam-dunked Linda namo she was—and she still is. There is her—one of the most heart-warming, Chavez,’’ her opponent. That said it all. no work harder than being a social stirring speeches I have ever been That was the beginning of my work- worker. The problems one sees and has present to listen to. She spoke to the ing closely with this good woman. She to deal with are extremely difficult. people assembled there—there weren’t has been a friend, an inspiration to me During her years as a social worker, many of them—as a fellow activist. She in so many different ways in the time she was a powerful voice for children spoke as an American of Polish descent we have served together. When we got and seniors in need of an advocate. and a fellow Catholic. She spoke as one on the Environment and Public Works BARBARA MIKULSKI then and now is an of them. When that presentation was Committee, she was here, and I was advocate. It was there the spark for completed, everyone knew she was one here. She was always ahead of me in se- service and activism was lit, but it was of them. niority because of her longer service in a plan to build a 16-lane highway that It took almost a decade for the Soli- the House. On the Appropriations Com- fanned the flames that had been lit by darity movement to strike victory in mittee, for more than two decades, I her activism. Poland, and I know Senator MIKULSKI’s was here, she was here. She was always The highway would have gutted his- speech was not the reason, but I guar- one ahead of me. toric Fells Point, a neighborhood that antee you it was one of the reasons BARBARA was the first Democratic she believed should have been pro- they had the audacity and the courage woman elected to the Senate in her tected. It would have uprooted home- to proceed as they did. own right. Last year, she surpassed the owners in a majority African-American Remember, Poland was an inter- legendary Margaret Chase Smith of neighborhood. She organized the resi- esting country. It was the only country Maine as the longest serving woman in dents of Fells Point and Baltimore’s behind the Iron Curtain where the the history of the Senate. On Saturday, Inner Harbor and stopped the construc- Communists could not destroy their she officially surpassed Congress- tion of that highway. educational system, and that was be- woman Edith Nourse Rogers of Massa- That is a testament to the power of cause of the strength of the Catholic chusetts, who, by the way, served in democracy that she believes in with all Church in Poland at that time. Solidar- the House from 1925 to 1960 as the long- her soul. Looking back on that tri- ity’s victory in Poland inspired a est serving woman in the history of the umph, Senator MIKULSKI said: stream of peaceful anti-Communist Congress. I got into politics fighting a highway. In revolutions that eventually caused the Senator MIKULSKI’s service—and the other countries, they take dissidents and put fall of communism entirely all over service of many female Members of them in jail. In the United States of Amer- Eastern Europe. Congress—has paved the way for girls ica, because of the First Amendment, they BARBARA’s Polish ancestry and the of today to know they can become Sen- put you in the United States Senate. God Polish community in which she grew ators, they can become professional bless America. up in Baltimore were very important basketball players, and they can be en- She has always been an advocate for to her, but I never knew it until that gineers and doctors. The sky is the the disenfranchised and disadvantaged moment in Warsaw with those few place they need to go, and that is in this country, but she has also been members of Solidarity who were as- where they believe they can go because an advocate for dissidents in other sembled to honor us. of the work that has been done by BAR- countries, of whom she has spoken so Her great-grandmother had come BARA MIKULSKI. eloquently on so many occasions. Her here from Poland with just a few pen- When I came to the Senate with her, family was Polish. She has heard all nies in her pocket—literally—but she she was the only woman who served in the Polish jokes, and she has withstood had a dream of a better life for her and the Senate as a Democrat. There was a little of the ‘‘barbs’’ when neighbor- her family. This is what BARBARA MI- one other Republican at the time. Now, hoods were different than they are KULSKI said about her great-grand- since then, Mr. President, I have now. But she took special pleasure and mother. watched very closely on this side of the was so proud of her heritage. She didn’t even have the right to vote, and aisle. Now we have 12 Democrats, and if BARBARA took a special interest in in this great country of ours, in three gen- the elections turn out the way I hope the plight of Polish people oppressed erations, I joined the United States Senate. they do—and I am cautiously opti- under communism. We know in 1980 the It was a remarkable feat for her. But, mistic they will—we will have 17 people of Poland started a fledgling lit- more importantly, it was a confirma- women who are Democrats in the Sen- tle group called Solidarity—a move- tion of the American dream. For BAR- ate. ment to engage in nonviolent resist- BARA, what began as community activ- She has been truly a trailblazer. We ance against communism and in sup- ism, a fight against a highway, grew recognize BARBARA’s achievements port of social change. into a successful career in public serv- today and her outstanding record as a Senator MIKULSKI and I had the won- ice. tireless advocate for the State of Mary- derful pleasure of traveling under the I just want to add a side note, Mr. land. She grew up in the Highlandtown guidance of a trip led by John Glenn— President, and talk about something neighborhood of east Baltimore. She a world famous man then and now. It very personal to me. When Senator learned the value of hard work by was a wonderful trip for a couple of David Pryor got sick, he was the working in and watching her dad, espe- new Senators. The Iron Curtain was Democratic conference secretary in the cially, open that family grocery store down, and it was down hard, but we Senate. That opened up a spot in the and work from early in the morning went to Poland on a codel. I can re- Senate leadership. That was something until night. He sold lunch to steel- member we had the opportunity to I thought would be interesting to me. workers and other people who came by meet with members of the Solidarity It was known who was interested in that little grocery store. movement. We met in secret with filling that spot, and I knew BARBARA In high school she was educated by them, in a secret location, and Senator was interested. the nuns at the Institute of Notre Glenn talked, Senator Stevens, then a I went to BARBARA and said: BAR- Dame. She credits the nuns with in- senior member of the Senate at the BARA, if you want it, it is yours. Two stilling in her faith and a thirst for jus- time spoke, and I said I would like to years later, Wendell Ford decided he tice. She went on to study at Mount hear from Senator MIKULSKI. was going to retire. He was the whip. I Saint Agnes College, which is now part Now, Mr. President, I am not articu- can still remember that morning walk- of Loyola College in Maryland. She late enough to explain the presentation ing from the Hart Building over to the earned her master’s degree in social she made extemporaneously, but this Russell Building, in that long walkway work from the University of Maryland. powerful woman stood and talked there, and I saw BARBARA MIKULSKI. I BARBARA was a social worker and has about her heritage and her religion and didn’t say a word to her. always been proud of the fact that she what that meant to the people of She said: I want to talk to you. She has been a social worker. She was em- America and what it should mean to said: You supported me when I wanted ployed by Catholic Charities and the the people of Poland. It was truly—and to be the conference secretary. You

VerDate Mar 15 2010 02:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.045 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1899 want to be the whip, I am supporting extend, on behalf of the Republican but also for all of her many accom- you. But for BARBARA MIKULSKI, I Conference of the U.S. Senate, our re- plishments in the House and the Sen- would not have had that leadership po- spect and admiration for the senior ate. As she once said herself, it is not sition. Once the Democratic caucus Senator from Maryland on achieving how long you serve, but it is how well knew BARBARA MIKULSKI supported me, this important milestone. you serve. it was all over. I won. And I won be- I am sure she would be the first to I wish to recognize BARBARA for the cause she came to me, as she did that tell you that becoming the longest pioneering model she has been to so morning. serving woman in the Congress wasn’t many women in her distinguished ca- So, Mr. President, my respect, admi- easy. A life in public service is filled reer. ration, and love for this woman is dif- with many highs and lows. But BAR- Congratulations, Senator MIKULSKI. ficult for me to describe, but it is BARA is nothing if not both tough and The PRESIDING OFFICER (Ms. STA- there. BARBARA MIKULSKI ran for Con- resilient. BENOW). The majority leader. gress and won after serving on the city BARBARA would point to her upbring- Mr. REID. Madam President, Senator council of Baltimore for 5 years. She ing as the daughter of a Baltimore gro- MCCONNELL and I have tentatively represented Maryland’s Third District cer, where she learned firsthand how worked out something so we will have for 10 years before winning the seat in hard work, honesty, and determination votes tomorrow, not today. That being the Senate she now holds. can lead to a successful and rewarding the case, we are not under a crunch for Again, I appreciate all she has done life. She later learned, while fighting a time here today. for me—so many different things she freeway that would have destroyed sev- We have a number of Senators here has done for me. As a very able mem- eral Baltimore communities, including who wish to say something regarding ber of the Appropriations Committee her own, that if you fought hard Senator MIKULSKI, and I wish to set up and somebody who loves this institu- enough for something you believed in, an orderly time to do that. So I ask tion, I am in awe of the legislative you too can make a difference. So if that Senator MIKULSKI be recognized. record of this amazing woman. you knew BARBARA back then, it Following that, we have Senator She has been a dedicated representa- wouldn’t surprise you we are honoring CARDIN to be recognized for 10 minutes; tive not only for the State of Maryland her today. Senator BOXER, 10 minutes. Senator but the State of Nevada. One thing she Last year, when Senator MIKULSKI KAY BAILEY HUTCHISON has been here did for me—and there have been a lot became the longest serving female Sen- since before anybody else. So following of them—when we were new Senators ator, she said she never saw herself as Senator BOXER, I ask that she be recog- and she was on one of the subcommit- a historical figure. To me, BARBARA nized. And Senator GILLIBRAND? tees of the Appropriations Committee said, history is powdered wigs and Jane Mrs. GILLIBRAND. At the conclu- concerning veterans benefits and af- Addams and Abigail Adams, both pio- sion of my colleagues’ remarks, 3 min- fairs, as a favor to me she traveled to neers in their own right. utes. Reno, NV, to look at an old veterans However, BARBARA is a pioneer. She The PRESIDING OFFICER. Without hospital. She went through it and said: is only the second woman to be elected objection, it is so ordered. This is not the way a veterans hospital to both the Senate and the House. The Senator from Maryland. should be, and I, BARBARA MIKULSKI, When first elected in 1986, she was only Mr. CARDIN. Madam President, I am going to change it. And she did. the 16th woman to serve. Today, in know there are a lot of us who want to Through the appropriations process Congress, there are 76 women in the pay our tribute and respect to the sen- we renovated and improved that hos- House and 17 in the Senate. As dean of ior Senator from Maryland, Senator pital so it was one of the better hos- the Senate women, she served as a role MIKULSKI. I want to make sure every- pitals at the time. So I am grateful for model and a mentor to many of these body has their opportunity. Are we op- this good woman, an advocate for par- women. To put this in perspective: erating under a consent order? ity for women on everything from sal- When she first arrived in the Senate, Mr. REID. Yes. ary to health care access. But for BAR- there weren’t any natural mentors to The PRESIDING OFFICER. The con- BARA MIKULSKI the National Institutes teach her the ways of the Senate. At sent order to this point has Senator of Health would not have a center for the time, even the Senate gym was off CARDIN, followed by Senator BOXER, women. She got a little upset when she limits. A lot has changed since then, and then Senator HUTCHISON. Senator learned they had done a study of the ef- and BARBARA had a lot to do with it. KERRY is asking to be recognized. fect of aspirin on people’s hearts and Later, as more women were elected Mr. KERRY. I believe he included my she realized they had tested 10,000 peo- to the Senate, BARBARA worked with name for 10 minutes at the same time. ple and they were all men. them to help them understand the Sen- Madam President, I believe Senator I had a situation that arose in Ne- ate and how best to be an effective Sen- REID included my name in that list for vada about at the same time where ator, both here and back home. She 10 minutes—I ask unanimous consent. three women came to me who had wanted to give back. The PRESIDING OFFICER. Without something called interstitial cystitis, a Most importantly, regardless of objection, it is so ordered. Senator devastating, debilitating, painful dis- party or issue, BARBARA would push her KERRY will be added, and a complete ease that is described as running sliv- female colleagues in the Senate to list will be put together. ers of glass up and down your bladder. think differently, encouraging them to Mr. CARDIN. Madam President, I am It was said to be a psychosomatic dis- think of themselves as a force—a force glad we could get that straight. ease. These women had nowhere to go. of good and, oft times, a force for Let me first thank all of our col- I talked to BARBARA MIKULSKI about change. I know many are grateful not leagues who are here to pay honor to this, and now 40 percent of these only for BARBARA’s leadership and the senior Senator from Maryland, women have medicine that takes away courage but for her willingness to take Senator MIKULSKI. their symptoms totally. the time to share her experiences with This is March Madness in basketball. I could go on here a long time, as ev- them. I don’t want to just be a first, Sweet 16 is starting. We are very proud eryone can see. But I do it because I BARBARA once said. I want to be the in Maryland of our Lady Terps. They congratulate BARBARA on this mile- first of many. are in the Sweet 16. But I want you to stone, which is so important to me and In 35 years, nearly 13,000 days as a know that we are all getting our fan- the Senate, and to tell her how much Member of Congress, BARBARA has been tasy teams, and I want Senator MIKUL- Nevada appreciates her. It is not just a champion of the space program, SKI on my fantasy basketball team be- for Maryland. She has done things for science research, welfare reform, major cause she is a true leader, she under- the entire country. transportation, homeland security, and stands the importance of working to- I wish her well for years to come. environmental issues in Maryland. gether, and she is a winner. The PRESIDING OFFICER. The Re- I wish to recognize BARBARA not only We are proud of her roots in Mary- publican leader is recognized. for the tremendous accomplishment as land. She is the great-granddaughter of Mr. MCCONNELL. Mr. President, it is the longest serving female in the his- Polish immigrants who owned a bak- my honor to be here this afternoon to tory of the United States in Congress ery. She began her public service in

VerDate Mar 15 2010 02:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.046 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1900 CONGRESSIONAL RECORD — SENATE March 21, 2012 high school, where she helped deliver the people of this country. That was There is nobody more feisty, more willing groceries to seniors who were locked in her mission in the Affordable Care Act, to take on big business, big government, or their apartments and she helped the to make sure that we had the delivery anyone when it is time to look out for the homebound seniors get the food they systems in place that would deliver interests of her constituents. needed. She went to the University of quality health care, and Senator MI- I think all of us would agree. Maryland School of Social Work be- KULSKI’s leadership was critical in that On a personal note, I thank Senator cause she wanted to be a social worker. regard. MIKULSKI for her friendship, I thank She wanted to help other people. She She has been a leader in women’s her for being my buddy and my adviser. knew that she was good at that and she health care issues. I will never forget Whether she is with Presidents or could make a difference in people’s her reminder to all of us in the caucus: Kings or the patrons at Jimmy’s Res- lives. She worked for Catholic Char- Don’t forget women’s health care taurant in Fells Point, you get the ities and dealt with children at risk issues when you bring that bill to the same common sense, the same down-to- and helping seniors with Medicare. floor. And we didn’t. We put that in earth person—you get Senator BARB. As you have heard from several of my under Senator MIKULSKI’s leadership. We are so proud of her. colleagues already, she gained her rep- We talked about breast cancer and cer- Thank you, Senator BARB, for what utation by taking on a highway that vical cancer screenings. Senator MI- you have done to make this Nation a was scheduled to be built that would KULSKI has been in the leadership on all better place to live. Thank you for have gone through Canton and Fells those issues. being such a role model for young peo- Point, disrupting a neighborhood in We in Maryland are proud to be ple, especially young women, to get in- Baltimore. This was a 16-lane highway. where the National Institutes of Health volved, to make a difference. Thank It was considered to be a done deal; it is headquartered. Its growth in large you on behalf of my two grand- was going to happen. The powers that measure has been the result of Senator daughters. Their future is much bright- be said we are going to have a highway BARBARA MIKULSKI. We are proud of er, their opportunities are much great- coming through downtown Baltimore. HOPE VI and housing. Senator MIKUL- er because of you, Senator BARB. SKI The powers to be did not know BAR- has been in the forefront of that Congratulations. Your colleagues program, making it possible for many BARA MIKULSKI. That highway never here want to express our love and re- people in our community to have de- happened. Senator MIKULSKI stopped spect and admiration for your incred- that highway from being built. cent, affordable, and safe housing. ible service. She then went on to serve in the Bal- Senator MIKULSKI has been critically The PRESIDING OFFICER (Mr. timore City Council with great distinc- important to America’s space program. MERKLEY). The Senator from Cali- tion. Then in 1976 she was elected to I have been with her many times at fornia. the Congress for the Third Congres- Goddard and seen firsthand the results Mrs. BOXER. Mr. President, what an of her advocacy and what it has meant. sional District, a seat that was vacated incredible milestone Senator MIKULSKI The Hubble space telescope is another by our esteemed colleague Paul Sar- has reached. The words of her col- legacy of which Senator MIKULSKI can banes, who then came into the Senate, leagues and the love they feel for her be rightly proud. and BARBARA MIKULSKI followed in the are coming through. It is a wonderful We in Maryland are also proud to thing for me to be part of this tribute. great tradition of Senator Paul Sar- house NSA, the National Security banes. In 1986, when Senator ‘‘Mac’’ I don’t know how many Senators would Agency, with its new mission with the have the Governor of their State here— Mathias’s seat became vacant, Senator cyber command located in Maryland. BARBARA MIKULSKI was elected to the Your Honor; and the former distin- Senator MIKULSKI, as Senator FEIN- Senate. guished, incredible Senator Paul Sar- STEIN pointed out, has been one of the She has many firsts: The first female banes is here. That in itself, Senator real leaders on national security MIKULSKI, is testimony to your status Democrat elected in her own right to issues. We can’t issue press releases on serve the United States Senate. At the among all of us. this. She is a member of the intel- So many of us are here in the Senate time she was elected to the Senate, she ligence committee. She works behind because BARBARA MIKULSKI knocked was only one of two female Senators. closed doors to keep us safe. But we all Today, we have 17 female Senators in down the barriers one by one—the first know that she is one of the key leaders Democratic woman ever elected to the the Senate in large part because of in this Nation on national security Senator BARBARA MIKULSKI. I know the Senate in her own right, the first issues. woman to serve in both Chambers, the Presiding Officer was part of that ex- We know about pay equity and the longest serving woman in the Senate. pansion. You will hear how Senator MI- Lilly Ledbetter law, the first bill Now she has made history once again. KULSKI was not only a role model and signed by President Obama. It was Sen- This past Saturday, after 12,858 distin- an inspiration but an incredible help to ator MIKULSKI’s leadership that got get more women elected to the Senate. that bill to the President’s desk, recog- guished days of service, no other Last year we joined in this body to nizing that we are still not where we woman in history has served in Con- celebrate Senator MIKULSKI becoming need to be on gender pay equity in gress longer than Senator MIKULSKI— the longest serving woman in the his- America. ever. tory of the Senate, surpassing Mar- In our region, the Chesapeake Bay is Some trailblazers make history, and garet Chase Smith from the State of center to our way of life and our econ- they are content to stand proudly Maine. Then on this past Saturday, on omy. Senator MIKULSKI has been one of alone. ‘‘Aren’t I great? I did it.’’ But St. Patrick’s Day, she became the long- the real champions on water quality not Senator MIKULSKI. She always est serving woman in the history of the and the Chesapeake Bay. She under- made clear that she was honored to be Congress, replacing Edith Nourse Rog- stands the respect for State and local the first Democratic woman, but she ers from Massachusetts who served, as government, that we have to work to- never wanted to be the last. the majority leader pointed out, from gether as a team. I know the Governor I will never forget her saying: 1925 to 1960. of Maryland, Governor O’Malley, would Some women stare out the window waiting Marylanders understand longevity agree with me that there is no better for Prince Charming. I stare out the window records. We are very proud of Cal friend to the people of Maryland work- waiting for more women Senators. Ripken and the record he held in base- ing with the State than Senator BAR- Well, 17 women, Republicans and ball. Senator MIKULSKI’s, like Cal BARA MIKULSKI, getting the Federal Democrats, now serve in the Senate. I Ripken’s, legacy is what she has done Government on the same page as the know all of us have stories to tell in office to make a difference, not the State and local governments to get about how Senator MIKULSKI helped us length of her service. She is a fierce things done for the people of Maryland. along the way, reaching out to mentor and effective advocate for so many That is true with what she has been us, encourage us, lead us and organize causes. We have heard about her ac- able to do for all of us working across our regular meetings filled with folders complishments in education and health the Nation. and pens and pencils, and organizing care, what she has done to advance sen- I think the Baltimore Sun put it best dinners. She and Senator HUTCHISON sible health care to improve quality for when it said: teamed up. We are so fortunate to have

VerDate Mar 15 2010 02:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.048 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1901 them working together. We get to- are single, you couldn’t get him; if you are dean of the women in the Senate, had gether now and then. Just in the heat divorced, you couldn’t keep him; and if you a workshop the previous year for the of debate, we sit down and break bread are widowed, you killed him. newly elected Democratic women Sen- together. Then there was one of my favorite ators. When I arrived in 1993, she ex- When I considered running for the Mikulski moments. This is a treasured panded it to include all new women Senate in 1992, Senator MIKULSKI was moment. The women of the House still Senators, and her sort of opening com- the very first person I went to see, hadn’t managed to integrate the House ment was, civility starts with us. after my husband. I was conflicted. I gym, so we were relegated to this tiny Surely, she has carried through as had a good House seat. I was told I room with old-fashioned, hooded hair the dean of the women of the Senate to could hold it for as long as I wanted, dryers and hardly any room to move. ensure that all the new women get and I was not sure I should give it up But there were very few of us, and we their bearings in the Senate, that they for the Senate. I was considered a long decided to make the most of it by hav- get the advice of the ones who have shot. Senator MIKULSKI told me the fol- ing an aerobics class. Of course, coming been here before. It has been a huge lowing: ‘‘If you run, and I want you to from California, I organized it. help and really a fun opportunity for us run,’’ she said, ‘‘it will be the toughest In came Geraldine Ferraro, Barbara to get to know each other on a per- thing you will ever do and the best Kennelly, OLYMPIA SNOWE, BARBARA sonal level as we have our women Sen- thing you will ever do.’’ And she was MIKULSKI, and me. Our instructor ators’ dinners. right. started the class by asking us to From this came a book Senator MI- Those of us of a certain age have stretch our arms way up, and we do. KULSKI and I worked on together. The probably seen the play or the movie ‘‘A Groans. genesis of the book—which became Man For All Seasons.’’ Today we cele- ‘‘Put your hands on your hips.’’ ‘‘Nine and Counting,’’ the nine women brate a woman who is truly a Senator More groans. Senators who were here in the year for all seasons. Some Members have Now she says, ‘‘Bend from the waist.’’ 2000—came from a meeting called by passion, others have policy skills, some Suddenly, a voice bellows from the Senator MIKULSKI to meet with the are brilliant negotiators, others great back of the room: ‘‘If I had a waist, I women of Northern Ireland, along with advocates for the least among us, some wouldn’t be here.’’ the women of Ireland, when there was are very serious students of history, We all turned around to see Senator so much strife in that country. BAR- and others are flatout hilarious. But I MIKULSKI, and we just cracked up. BARA MIKULSKI called all of the women do not think our country has ever seen Needless to say, that was the end of the Senators together, our nine, to give en- so many incredible traits combined in aerobics class. couragement and advice to the women one Senator. Whatever the issue, she As funny as she can be, I can’t think who were trying to bring the people of will address it. Whatever the problem, of anyone more resilient than BARBARA Ireland and Northern Ireland together she will solve it. Whatever the wrong, MIKULSKI. I remember when she was so that there could be a peaceful con- she will fix it. Whatever the need, she mugged a few years back, one evening clusion to the conflicts in Northern will meet it. Whenever and wherever outside her home in Baltimore. A man Ireland. From that, as we were sharing people without a voice need a cham- pushed her to the ground and grabbed our stories to show the women of pion with a keen mind, a sharp wit, and her purse. It was terrifying—for the Northern Ireland how much they could an unparalleled ability to speak from mugger. He had no idea whom he was do, from our experiences and our over- the heart and get things done, BARBARA dealing with. At 4 feet 11, Senator MI- coming of obstacles, BARBARA MIKUL- MIKULSKI is there. A lot of us have been KULSKI fought back and defended her- SKI and I sat down and said: there with her, and we have watched self, just like she defends the people You know, I think we have a book here. If her and we love it and we marvel at she represents, just like she defends each of the nine women Senators could write her. And she does it with a sense of women and families, just like she de- a chapter about our obstacles and our begin- humor that is unparalleled. Anyone fends equal pay and equal rights and nings in politics and help encourage other who has ever listened to a speech or civil rights and the health care of our young women and girls to aspire to and be able to succeed in politics, then we ought to interview with Senator MIKULSKI has citizens and the dignity of our seniors. do it. heard her utter these incredible quips, The truth is, the Senate used to be a which I fondly called ‘‘Mikulski-isms.’’ very lonely place for women, but Sen- So we worked with a publisher. We She has called us women into battle ator MIKULSKI changed that. From the got together and decided how we would by asking us to go ‘‘earring to earring’’ day she was first sworn in, she has car- lay it out. We then decided as a group with our opponents. She has challenged ried the challenges, the hopes, and the that we would give all of the proceeds us to square our shoulders, suit up, put dreams of millions of women with her. to the Girl Scouts of America because our lipstick on, and fight. She has said BARBARA MIKULSKI has inspired genera- almost each of us had been a Girl Scout often that women do not want to talk tions of young women everywhere. She at one point. about gender but an agenda that helps has given them the confidence that From so from that we put a book out, America’s families. they can do it, too, because even as we which is still being sold here in the When asked by Glamour Magazine celebrate this incredible milestone, I Senate bookshop called ‘‘Nine and how she felt about being named Glam- know Senator MIKULSKI’s greatest hope Counting.’’ It has given a lot of money our’s Woman of the Year along with is that a young girl growing up today to the Girl Scouts of America, to a singer Madonna, Senator MIKULSKI re- will be inspired to follow in her foot- leadership fund so that they can con- plied, ‘‘She’s got her assets, I have steps and one day to break her record. tinue to create girls who will be leaders mine, and we both make the best of When that happens, it will be because in our country. But that started with what God has given us.’’ BARBARA MIKULSKI—our dean, our the meeting BARBARA put together for When asked about the different per- cherished leader, our Senator for all those of us who could maybe give ad- spective women bring, she often says, seasons—opened the doors of the Sen- vice and help these women of Northern ‘‘Women, we are not so much about ate wide enough to let the women of Ireland. macro issues but, rather, the macaroni America walk in. When I came into the Senate in 1993, and cheese issues.’’ Who else could say Thank you, BARBARA MIKULSKI. the first thing I wanted to do was give that better? The PRESIDING OFFICER. The Sen- equal treatment to women who work at When discussing the challenges ator from Texas. home in their ability to save for retire- women face in politics with a group of Mrs. HUTCHISON. Mr. President, I ment as those who workout outside the female parliamentarians from around am pleased to stand and add my experi- home. I had the experience, as a single the world, this is what BARBARA MI- ences with and admiration for Senator working woman, of putting aside some KULSKI explained to them when they BARBARA MIKULSKI. It is fitting that money for my IRA, and then when I asked about what is it like and is it she is now the longest serving woman married my husband Ray, I found out I tough. She said: in the U.S. Congress. could put aside only $250 in an IRA. I Let’s put it this way. In an election, if you When I first got here—I was elected said: Wait a minute. Why would some- are married, you are neglecting him; if you in 1993—BARBARA MIKULSKI, as the one working inside the home—a woman

VerDate Mar 15 2010 03:43 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.053 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1902 CONGRESSIONAL RECORD — SENATE March 21, 2012 who is probably going to need retire- lican on the committee that is appro- had some things that were good, but ment security more than any of us— priating for NASA. We are also fortu- one of the things in it was that no not be able to save for her own retire- nate to have Chairman JAY ROCKE- health insurance coverage would be re- ment security if she is a married FELLER on the authorizing and over- quired for women to have mammo- woman? So I authored the Homemaker sight committee for NASA. He, too, grams if they were 40 or below. I will IRA, and of course I wanted to have a has been such a strong leader in assur- tell you something, the biggest erup- Democrat lead because we had a Demo- ing that we continue America’s pre- tion in the Senate was BARBARA MIKUL- cratic Congress. So I asked Senator MI- eminence in space. SKI saying: Are you kidding? I will not KULSKI, and she said she would abso- When the rubber hits the road in ap- let this go by me in the Senate. We are lutely sign on—as she always does— propriations, Senator MIKULSKI has not going to say that a woman who is when it is something that is going to been there to say: We are going to have 40 or under is not going to be eligible benefit women. So it became the the science in the Hubble telescope, for insurance coverage for a mammo- Hutchison-Mikulski bill. I said to BAR- which has given us so much informa- gram. It is not going to happen. BAR- BARA: I want this bill to pass. I don’t tion, as well the James Webb telescope. BARA MIKULSKI took the lead, and I am care if my name is first. I would love to Now, of course, we have the human going to tell you, the first thing that put your name first if you think that space flight issues and BARBARA MIKUL- came out of that plan was that provi- will help us get it through. She said: SKI has been right there saying, of sion, and it will never be in a plan as Absolutely not. I would not take your course we are going to utilize the long as BARBARA MIKULSKI is in the name off that bill for anything because International Space Station, of course Senate. So I am just going to tell any- it was your idea. There are not very we are going to keep America’s prior- body who is looking at health care re- many people in this body who would ities in space because it has done so form, take a little advice, don’t mess make that gesture and also put her much for our economy and our jobs and with BARBARA MIKULSKI because we are weight behind the passage of the bill. our technology and our health care im- going to have mammograms. Of all the things I have done and that provements, but it has also been a na- Not only that, BARBARA MIKULSKI we have done together, BARBARA, and tional security issue that BARBARA MI- came forward in the next month and of all the things that bill is going to af- KULSKI recognizes, first and foremost. passed unanimously in the Senate a fect the most people in our country be- I cannot match a lot of the stories mammogram standards bill. During cause now we have the Homemaker about BARBARA MIKULSKI and her per- this process she learned that there IRA that passed in 1996 that allows sonality, but I can tell you I took BAR- were varying degrees of standards of women—whether they are married and BARA MIKULSKI to tour the Johnson mammography. She was going to make working at home or outside the home Space Center in 2001, and we did a won- sure there were standards that every and single or married—they will be derful event at Baylor College of Medi- clinic would have, that every piece of able to set aside the same amount. For- cine to talk about the research that is equipment would have and she led the tunately, that amount has grown, and being done in the biomedical sciences effort. It is law today. so it is not $2,000, but it can be $2,500 or and on the space station. I thought, I I will end with yet another accom- $3,000 or $5,000, depending on their age. am going to bring BARBARA where we plishment; that is, single-sex education It is a wonderful thing we were able to can show her a little bit of Texas. in public schools. Senator Jack Dan- do together. We know Texas has a lot of person- forth of Missouri started looking at the Senator MIKULSKI and I also worked ality and sometimes we are thought to issue and said: We need to allow our on behalf of Afghan women. When we have a little too much fun, but I will public schools to offer single-sex edu- started hearing the atrocities that tell you what, BARBARA is one of us. I cation—meaning girl schools and boy were happening to the women of Af- brought her to the Houston rodeo. Dur- schools—because so many of us have ghanistan that were brought back by ing the month of the Houston rodeo, seen that we have to adapt education great women’s organizations, such as everybody is ‘‘Go Texas,’’ and every- for the needs of each individual child Vital Voices, that told stories of not body dresses Texan, which means cow- to the best of our ability. We know only unequal treatment of women in boy, and we have a great time. So I there are so many wonderful private Afghanistan but inhumane treatment took BARBARA MIKULSKI into the steer schools for boys and girls, but we could of women in Afghanistan. Senator MI- auction, where just this past Saturday hardly have a public school that would KULSKI, Senator Clinton, and I intro- a steer was sold for $460,000. be single sex in this country in the duced the Afghan Women and Children It is a grand champion steer, I might 1990s. Relief Act, which was signed into law say. All of that money goes for scholar- So Jack Danforth started the effort, in December of 2001, which authorized ships for our young people to go to col- and when he left the Senate, I picked it funding for women in Afghanistan and lege. up. The more I looked at it, the more Afghan refugee women. Political par- BARBARA came into the steer auc- I saw the benefits to boys and to girls— ticipation was supported for Afghan tion, and she looked around. There particularly in the middle and high women, and we followed up with appro- were 2,000 people at the breakfast be- school grades—were palpable. Senators priations. I have to say our Republican fore all these people are going to go Clinton, BARBARA MIKULSKI, SUSAN President, President Bush, and our and bid on the steers so we can fund COLLINS, the three of them, had gone to Democratic President, President scholarships. We were all dressed ap- an all-girls school. I had not, but they Obama, have always said American propriately for Texas, and she reached knew the benefits firsthand of single- money will go into Afghanistan or Iraq over to my ear and she whispered: Now, sex education. BARBARA was the prod- or anywhere else to support equally the KAY, if we were here on Monday morn- uct of single-sex education, having education of girls and boys; that we ing and we went to a chamber of com- gone to a parochial school. would support women where they are merce meeting, do these people look I first introduced the amendment in not being treated as equals on a human like this? I love to tell that story in 1998, but it was in 2001—when the four rights basis. So our Presidents have Houston because it gets huge laughs. of us came together—that we actually stood and, of course, our bipartisanship She won over everybody in Houston. got the bill passed through an amend- in Congress has done the right thing. They adored her from the beginning. ment and that amendment then not Again, Senator MIKULSKI is a leader in She put on her cowboy hat, she rode in only made public single-sex education that area. the grand entry on a buckboard and she an option and legal, it also made it eli- I cannot think of a stronger sup- became an honorary Texan in our gible for Federal funding grants simi- porter in this Senate than BARBARA MI- hearts. So BARBARA MIKULSKI knows lar to all our public schools. KULSKI in the area of NASA. I wish to how to win over others. I wish to say it has been one of the say Senator BILL NELSON also has been Let me mention one of my early ex- joys of my time in the Senate to work such a strong supporter, as well as Sen- periences when I first came into the with Senator BARBARA MIKULSKI, and I ator LAMAR ALEXANDER, but Senator Senate. There was an effort to have think this 4-foot-11-inch mighty-might MIKULSKI and I now are the—she is the health care reform. A program was put has 10 times the impact. She has made chairman and I am the ranking Repub- forward and this particular program an impact on Congress and an impact

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If in this bipartisan sisterhood, as we just for anyone who needed somebody to there is anyone in the Senate who heard from the Senator from Texas. stand for them or push open a door for doesn’t like her, respect her, and work She holds workshops and serves as a them. well with her, I have not met them. mentor to all newcomers and organizes That fight started in east Baltimore When one is the longest serving woman regular monthly dinners. They don’t where her Polish immigrant grand- in the Senate and Congress, they have always agree on everything, but the parents ran a bakery and her father a worked with a lot of people. She is dinners are what some of them have grocery store. She says she often unanimously so well regarded, I have called a ‘‘zone of civility,’’ which is watched her father open the doors to never met an enemy of hers. something the Senate could use a little his grocery store for local steelworkers I will close by saying the people who more of these days. Again, it is BAR- so they could buy their lunches before know her best love her most, and I can- BARA MIKULSKI’s example that helps the morning shift. She got it in her not think of a finer thing to say about point us in that direction. head at that time that she would rath- any person. But for all of her firsts, I would say er be opening doors for others on the Thank you. to my colleagues that BARBARA MIKUL- inside than knocking on doors from the I yield the floor. SKI’s career has never been about gen- outside. The PRESIDING OFFICER. The Sen- der as much as it has been about agen- So no surprise, after college she got a ator from Massachusetts. da. I have had the privilege of working job as a social worker helping at-risk Mr. KERRY. Mr. President, first of with her enough on different issues of children and educating seniors about all, I wish to say what a pleasure it is Medicare. She got involved in politics to welcome Senator Sarbanes back. I being what she calls one of her Gala- by organizing community groups to had the pleasure of sitting beside him hads. I have seen her laser focus on stop a highway from going through the on the Foreign Relations Committee what is right, on her conscience, on her Highlandtown neighborhood where she for 24 years. We miss his judgment and gut, on her sense of what the people of wisdom. We could use it these days. Maryland want, and what she thinks is grew up. Let me tell my colleagues, no- I wish to welcome Governor her duty as a Senator. That is why I body had ever seen anything like her. O’Malley. I can’t think of a time, when wanted her on the Speaker’s platform At one rally, she jumped up on a table people have stood up to laud a fellow in 2004 in Boston at the convention, and cried: Senator, that a Governor of their State and she delivered just the right mes- The British couldn’t take Fells Point, the is sitting and listening. All of the com- sage in her forceful and commanding termites couldn’t take Fells Point, and way. She stood up there and declared: goddamn if we’ll let the State Roads Com- ments to this moment and beyond will mission take Fells Point. undoubtedly echo the remarkable af- When women seek power, we don’t seek it for ourselves; we seek it to make a difference As they say on ESPN, the crowd went fection that everybody has for BAR- in the lives of other people. nuts, and the roads commission never BARA MIKULSKI and particularly the knew what hit them. And I assure my high regard in which she is held. There is no arguing, as we heard from This is a very special celebration for a number of colleagues, about what an colleagues, that was a nonprofane use the longest serving woman in the his- extraordinary difference BARBARA MI- of our Lord’s name. tory of the Congress, 12,862 days today KULSKI has made in the lives of other Again, no surprise, that led to her and counting. In that time—I recall people, not just Marylanders but all election to the Baltimore City Council. when I first came here there was one Americans. She has been an extraor- I think that explains a lot about just woman serving, and that was Senator dinary advocate for the Goddard Space how good a politician she is—how well Nancy Kassebaum—it is fair to say Center, for the Wallops Flight Facility, she knows the street. I think every one of her colleagues, all of us, are in awe BARBARA MIKULSKI has been one of the and for Johns Hopkins Applied Science pivotal forces in creating and assem- Lab in Maryland, as well as the Port of of BARBARA’s ability to focus on the bling what I would call a true ‘‘band of Baltimore and Chesapeake Bay cleanup street emotion, on the simplicity of an sisters’’—the women with whom she efforts. argument, and to be able to sum it up has served in the Senate, each of whom For decades, she proudly worked be- in a razor-like comment that just cuts makes extraordinary contributions to side my colleague of 26 years Ted Ken- to the quick and makes the rest of us this institution. nedy. She loved Ted Kennedy and Ted who search around for the words seem We have heard from other colleagues Kennedy loved her. Together, on the pretty inept in the process. Whether it that her career is filled with mile- Health Committee, they worked to is at Camden Yards, Fells Point, the stones, and it is. She is the first Demo- make universal health care a reality. Eastern Shore, the Washington sub- cratic woman to serve in both Houses Her role when Senator Kennedy was urbs, or up along the Mason Dixon of Congress. She is the first Demo- sick was an extraordinary role of pick- Line, BARBARA has her finger on the cratic woman elected to Senate leader- ing up that baton and helping to bring political pulse of Marylanders. She un- ship. She is the first woman elected to it across the finish line. derstands their concerns, shares their statewide office in Maryland. These are Along the way she became a leader aspirations, and sums up their hopes just a few. on women’s health, fighting for equal- and their dreams in a few short sen- When BARBARA came to the Senate in ity in health research and making sure tences that nobody else can parallel. 1986 after 10 years in the House of Rep- women get the quality of care they de- If anyone expected BARBARA MIKUL- resentatives, women were still, as she serve. She was one of the chief sponsors SKI to accept being just a novelty or a describes it—these are her words—‘‘a of Medicaid financing of mammograms celebrity in Congress, they obviously bit of a novelty’’ in the Senate. Indeed, and Pap smears. had no understanding of her deep roots then, it was only BARBARA and Senator Personally, I will never forget how as an immigrant, being an American, Nancy Kassebaum. But now BARBARA BARBARA reacted when the National In- and the values she learned about hard says: stitutes of Health said it would not in- work in her family. We’re not viewed as novelties. We’re not clude women in trials of aspirin as a If anyone expects her to slow down viewed as celebrities. We’re viewed as U.S. preventive for heart attacks because just because she is now the longest Senators. ‘‘their hormones present too many bio- serving woman in the history of Con- One of the reasons for that is that logical variables.’’ BARBARA fired back: gress, they don’t know BARBARA MI- BARBARA MIKULSKI has demonstrated a ‘‘My hormones rage because of com- KULSKI. A couple of years ago, BARBARA seriousness of purpose, an ability to ments like that.’’ and I talked—I think it was at one of legislate, and an ability to make Her proudest accomplishment, she our retreats—about how similar Mary- friends and bring people together that says, is the Spousal Anti-Impoverish- land and Massachusetts are in certain has defined her role as the dean of the ment Act, which helps to keep seniors ways, especially their rural and fishing women in the Senate. from going bankrupt while paying for a histories which we actually both have.

VerDate Mar 15 2010 05:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.056 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1904 CONGRESSIONAL RECORD — SENATE March 21, 2012 She told me she wasn’t much of a fish- taining U.S. leadership in the area. She her 25th year in the Senate, surpassing erman, but she liked to hunt. The only has advanced legislation to substan- my personal role model in public serv- problem she cited was the recoil of the tially increase the number of students ice, Senator Margaret Chase Smith, rifle given that she stands 4 feet 11 earning degrees in science, technology, the Great Lady from Maine. Adding in inches tall. engineering, and math. her 10 years in the House, Senator MI- Well, it is clear from the record, As a Senator from Maryland, Senator KULSKI now establishes the record for clear from the comments of all of her MIKULSKI understands the importance longevity in either chamber, set by colleagues, and clear from this extraor- of the Federal workforce. Many of her Congresswoman Edith Nourse Rogers, dinary longest serving record in the constituents are responsible for the who represented Massachusetts but Congress and all that she has accom- high quality of life many of us take for was born in Maine. plished that she stands as one of the granted every day. Whether its food in- For me, the special meaning of this tallest Senators and packs a punch way spectors, air traffic controllers, or occasion goes far beyond such coinci- beyond her 4 feet 11 inches. medical researchers, many Maryland- dences. Just as Congresswoman Rogers We are proud to have her as a col- ers who make up the Federal workforce and Senator Smith inspired young league, and we are in awe of her ability contribute to our Nation’s health and women in the past to lives in public to galvanize action, which is what this safety. Fortunately for them, and the service, Senator MIKULSKI inspires the institution should be all about. rest of us, they have a powerful advo- young women of today. As a new Sen- Mr. LEVIN. When you read over the cate in the Senate. Senator MIKULSKI ator in 1997, I was welcomed by her long list of Senator BARBARA MIKUL- said, ‘‘I want every Federal employee kindness and helped by her wisdom. SKI’s accomplishments, one word keeps to know I am on their side.’’ Indeed she She taught me the ropes of the appro- coming up, ‘‘first.’’ First woman to be is—not only because it is in the inter- priations process and instituted reg- elected to the Senate from Maryland, ests of her State, but because she ular bipartisan dinners for the women first woman of her party to serve in knows well that an effective Federal of the Senate. both the House of Representatives and workforce is in the interests of every It has been a privilege to work with in the Senate, first woman to serve in citizen in every State. Throughout her Senator MIKULSKI for 15 years. During the Senate leadership. Today we gather career, Senator MIKULSKI has fought that time, I have come to know her as to honor Senator MIKULSKI, who in ad- off misguided efforts to privatize essen- a fighter and a trailblazer. dition to her many firsts, now stands tial functions of the Federal workforce, Senator MIKULSKI is, above all, a as the longest serving woman in the and fought for fair pay and benefits for hard worker. Growing up in east Balti- history of the Congress. these committed public servants. more, she learned the value of hard Senator MIKULSKI began her service Fair pay has been a focus for Senator work at her family’s grocery store. Her in Congress in 1976, and in all her time MIKULSKI, and women across the coun- commitment to making a difference in here since, she has championed the try can be grateful for that. In 2007, the her neighborhood led her to the path of causes dearest to her—causes dear to Supreme Court considered the case of service, first as social worker, then as the needs of her constituents and to Lilly Ledbetter, a woman who for near- a city councilor and as a Member of our Nation’s most vulnerable citizens. ly 20 years had been paid less than her Congress. As chairwoman of the Children and male coworkers for equal work. In its Senator MIKULSKI’s longevity is only Families Subcommittee, Senator MI- decision, the Court ruled that Ms. the preface to her story of exceptional accomplishment. She has fought for in- KULSKI has been a determined cham- Ledbetter could not proceed with her pion of the young, the old, and the case, not because it had no merit, it creased access to higher education for sick. She has fought for access to high- did; but because of a technicality. Once our young people and for improved er education for every child because the Supreme Court rules against you, health care for our seniors. I am proud she believes ours is a nation where where can you turn? Just ask Ms. to have fought at her side on those every young boy and girl should have Ledbetter; she will tell you. Senator issues, as well as for increased Alz- heimer’s research, improved women’s the chance to reach his or her true po- BARBARA MIKULSKI introduced the health care, and enhanced educational tential. She has fought for secure pen- Lilly Ledbetter Fair Pay Act to ad- opportunities for nurses. sions for seniors because she believes dress the flawed Supreme Court deci- sion; and on January 29, 2009, it was As House colleagues during and after ours is a nation where, after a lifetime World War II, Margaret Chase Smith of work, every person should have the signed into law. In the Book of Genesis, the first and Edith Nourse Rogers were instru- chance to enjoy their retirement. And question asked of God is ‘‘Am I my mental in achieving full recognition she has fought for preventive screening brother’s keeper?’’ Senator BARBARA for women in uniform. Senator MIKUL- and treatment for every woman be- MIKULSKI has spent a lifetime and built SKI carries on that legacy as a deter- cause she believes ours is a nation a career in answer of that question. mined advocate for all who serve our where no one should lose a mother, She said: country. Working with her on the Ap- daughter, or wife from a preventable I feel that I am my brother’s keeper and propriations Committee, I have wit- illness. my sister’s keeper. I think that’s why I am nessed firsthand how seriously she As chairwoman of the Commerce- shaped by the words of Jesus himself: Love takes her responsibility to the Amer- Justice-Science Appropriations Sub- they neighbor. And I took it seriously. ican taxpayers. committee, Senator MIKULSKI has led The Senate is better off because she Throughout her life in public service, the charge to promote economic devel- did. The people of Maryland are better Senator MIKULSKI has lived by one opment, equip our first responders, and off. Our Nation is better off. I am guiding principle: to help our people invest in science and research. Senator grateful not just because she has be- meet the needs of today as she helps MIKULSKI understands the importance come the longest serving woman in the our Nation prepare for the challenges of the private sector, particularly history of Congress, but because she of tomorrow. It is an honor to con- small businesses, in creating job oppor- has served her Nation so well. gratulate Senator BARBARA MIKULSKI tunities. That is why she has fought for Ms. COLLINS. Mr. President, today I for her many years of service, and to legislation making it easier for busi- wish to offer my heartfelt congratula- wish her many more. nesses to make investments and hire tions to my esteemed colleague and Mr. COCHRAN. Mr. President, it is new workers. No one has fought harder dear friend, Senator BARBARA MIKUL- heartwarming to see such a sponta- to support our emergency first re- SKI, on becoming the longest serving neous outpouring of respect and appre- sponders than BARBARA MIKULSKI, who woman in the history of the United ciation for the distinguished Senator said: States Congress. This milestone, from Maryland, Ms. MIKULSKI. It is cer- We must protect our protectors with more reached on March 17, marks 12,858 tainly well deserved. than just words—we must protect them with days—more than 35 years—of dedicated She is one of the hardest working and the best equipment, training and resources. service to her beloved State of Mary- most effective Senators serving in the Senator MIKULSKI is also committed land and to our Nation. Senate today. It has been a great pleas- to the promotion of scientific research A little more than a year ago, in Jan- ure working closely with her on the and laying the groundwork for main- uary of 2011, Senator MIKULSKI began Appropriations Committee.

VerDate Mar 15 2010 03:43 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.090 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1905 Mr. HATCH. Mr. President, today I more and more as they have seen how ting a new record every day. Thank wish to pay tribute to our dear friend hard she works to represent them you for your service, but most of all, and colleague, the senior Senator from every day. That is why they always thank you for your friendship. Diana Maryland, BARBARA MIKULSKI. This come out in such great numbers every and I have appreciated having the week, Senator MIKULSKI became the election day to make sure she will con- chance to come to know you and to longest-serving woman in the history tinue to do so. They can see the dif- work with you. of the United States Congress. That is ference she has made all around them Mr. BINGAMAN. Mr. President, I rise quite a milestone and I want to con- and they appreciate the way she has today in tribute to Senator BARBARA gratulate her on her many years of de- made their cities and towns better MIKULSKI of Maryland, who has just be- voted service to the people of her home places to live. come the longest serving woman in State. I have often heard Senator MIKULSKI Congress, and to applaud the pio- Senator MIKULSKI is a Maryland na- referred to as the Dean of the Senate neering role that she has played in the tive. Descended from Polish immi- women, a title she has earned that was evolution of the Senate. grants, she was born and raised in Bal- conferred upon her with the great ad- Things have certainly changed since timore. She attended college at both miration, affection and appreciation of 1986, when Senator MIKULSKI was elect- St. Agnes College in Baltimore and the those with whom she has served. Over ed to the Senate. When Senator MIKUL- University of Maryland. the years so many of them have ac- SKI joined the Senate as the first After several years of working as a knowledged the difference she has Democratic woman elected in her right social worker in the Baltimore area, made in their lives with her support, as opposed to filling the term of a Senator MIKULSKI began her political her encouragement, her guidance and spouse, the Senate looked very dif- career in 1971 when she was elected to her direction. She has been such a ferent. There was only one other the Baltimore City Council. She served great mentor to them because she has woman senator, Nancy Kassebaum, a there for 5 years before running for always led the best way—by example. Congress in 1976. For 10 years, she rep- Republican from Kansas. The Senate It is another mark of distinction that had just begun to televise their pro- resented the Third Congressional Dis- has come to her as, each day, she has trict of Maryland. Then, in 1986, she ceedings the year she was elected. And, helped to write another chapter of the obviously, there were no women in was elected to serve here in the Senate. history of Maryland and this great Na- Although the milestone we are recog- leadership positions in the Senate. tion of ours. Senator MIKULSKI set out to change nizing today is a significant one, it is Looking back, she has played an ac- not the first for Senator MIKULSKI. In- all that. She became the first woman tive role in a long list of changes that in the Democratic leadership. She be- deed, throughout her time in the Sen- have come to our country over the ate she has been a pioneer for women came the first woman to serve on the years. Because she has been at the fore- Appropriations Committee. And then in public service. front of so many of them she has been For example, Senator MIKULSKI was she became the first woman to chair a role model not only for those with the first woman elected to statewide the Senate CJS Appropriations sub- whom she has served, but for those who office in Maryland. She was also the committee. have been watching her in action back first Democratic woman elected to a And things certainly have changed. home. I have no doubt, in the years to Senate seat that was not previously Now, in the 112th Congress, there are 17 come, many more women will serve in held by her husband. And, she was the women, both Republican and Demo- the House and the Senate who will first woman to serve in both the Sen- crat, in the Senate overall. There are credit Senator MIKULSKI for first giv- ate and the House of Representatives. seven women on the Appropriations ing them the idea of serving in the I have known Senator MIKULSKI a Committee alone. Five women chair Congress. Her own record of success long time, having served with her in Senate committees. Women have had then assured them that it would be the Senate for over 25 years now. While significant roles in both the Demo- possible for them to do the same if she and I have often found ourselves on cratic and Republican Senate leader- they were willing to work hard and opposite sides of many issues, I have ship. take their case to the people for their long admired her commitment to her While all of these changes were clear- principles and, most importantly, her consideration. In the end, that is what our service in ly not solely a function of Senator MI- devotion to the people of her home KULSKI’s pioneering leadership, she State. Indeed, she has been a stalwart the Senate is all about—doing every- thing we can so that the current gen- blazed a trail as bright and as wide as and often times fierce advocate for the anyone could possibly hope for. With interests of Marylanders. eration will have the tools they will need to succeed and then take their her impassioned speeches, her plain I want to congratulate Senator MI- spoken delivery, and her commitment KULSKI on this important milestone place as the next generation of our na- to fairness and justice, Senator MIKUL- and I am grateful for this opportunity tion’s leaders. Thanks to good people SKI could not be ignored or pigeon- like BARBARA MIKULSKI the people to pay tribute to her and to her many holed. She stood up for what she be- years of public service. back home know that someone cares. lieved in, and she would not allow her Mr. ENZI. Mr. President, I greatly She has given them a voice and it is voice to be silenced. appreciate having this opportunity to heard and heard clearly whenever she join my colleagues in expressing our takes to the Senate floor to make their Senator MIKULSKI cared deeply about congratulations to BARBARA MIKULSKI concerns known. health care issues, and women’s health as she reaches another great milestone I have often heard it said that the in particular. When she learned that in her career of service to the people of meaning of public service is found in many Federally-funded research proto- Maryland in the United States Con- the definition of the word ‘‘service.’’ cols did not include women, she led the gress. That is why we are taking a moment fight to insure that would never hap- Senator MIKULSKI is now the longest today to thank Senator MIKULSKI for pen again. She established the Office of serving woman in the history of the putting her principles and her beliefs Women’s Health at NIH to ensure United States Congress. Although out- into action all these many years for women would always have a voice in standing in and of itself, it is an her beloved Maryland and the United critical health issues. achievement that represents far more States of America. If I may paraphrase One of her proudest accomplishments than the number of years she has the words of Abraham Lincoln, it isn’t was working to pass the spousal impov- served in the nation’s Capitol. It is also so much her years of service that mat- erishment law, which changed the rules a testament to her outstanding public ters so much as the service of her that forced elderly couples to spend all service and her commitment to our fu- years. Through the years she has made their assets and give up their home be- ture that has made it possible for her a difference in so many ways that will fore the Government would help one to help to make our great Nation both be long remembered and celebrated. member of the couple pay for a nursing stronger and more secure. Congratulations, BARBARA. You are home. Back home, Senator MIKULSKI’s con- setting a record pace here in the Sen- Finally, I would be remiss if I didn’t stituents have come to appreciate her ate. From this day on, you will be set- mention Senator MIKULSKI’s efforts on

VerDate Mar 15 2010 03:43 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.070 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1906 CONGRESSIONAL RECORD — SENATE March 21, 2012 behalf of her beloved State of Mary- rights and improved access to health books, I can only continue with the land. From the crabbers of the Chesa- care, to better education, and to volun- same spirit of devotion to duty and peake Bay to the steelworkers at Spar- teering and national service opportuni- that fierce independence and patriot- rows Point to the scientists at Goddard ties. She offers tremendous leadership ism. to all the other families all across the for the Senate both as the chairwoman I didn’t start out wanting to be a his- State, no one has worked harder to of the Health, Education, Labor, and toric figure. To, ‘‘What do you want to give them a voice on Capitol Hill than Pensions Subcommittee on Primary be when you grow up?’’ you don’t say, BARBARA MIKULSKI. On this historic Health and Aging, and as the chair- ‘‘I want to be a historic figure.’’ When day, I wish her the best, and I know woman of the Appropriations Sub- I was growing up, it was about service. that as long as she is a United States committee on Commerce, Justice, For me, it is not how long I serve, it is Senator, she will never stop fighting Science, and Related Agencies. not about history. For me, history for what she believes is right. Like Jeannette Rankin, Senator MI- books were Jane Adams and Abigail Mr. BAUCUS. Mr. President, we KULSKI has been a leader and an exem- Adams and powdered wigs. I just wel- mark March as Women’s History plar for strong and courageous women come a day when I have time to even Month, as a time of year for us to re- leaders in America. powder my nose, let alone powder my member the valiant female leaders of Senator MIKULSKI gets things done, wig. But the fact is, when I grew up, I our great Nation. One of them is very and I have enjoyed our friendship dur- wanted to be of service. I learned that special to Montana. In 1916 Jeannette ing our work together in the Senate. in my home, in my family, in my com- Rankin was the first woman elected to Her brave spirit is one that sets the bar munity, and with the wonderful nuns the United States Congress, 4 years be- for new and incoming Senators, both who taught me. fore women were granted the right to male and female. I congratulate Sen- Today my colleagues have spoken vote. ator MIKULSKI on her special day and I about my wonderful mother and father. As a member of the House of Rep- look forward to continuing our work in I had a terrific mother and father. I am resentatives, her daring and vocal the Senate together. so happy my two sisters and my fan- stance on controversial issues such as Mr. President, I yield the floor. tastic brothers-in-law are joining me war and peace brought critical recogni- The PRESIDING OFFICER. The Sen- today. I only wish my mother and fa- tion from the press. In every situation, ator from Maryland. ther could be here with me because the strength of her values persisted, Ms. MIKULSKI. Mr. President, first they worked so hard to see that my sis- even under the pressures of unanimous of all, let me say I am enormously ters and I had an education at signifi- opposition to a war with Germany. touched and gratified by the warm cant sacrifice to them. But they were Jeannette Rankin said, ‘‘I may be the words my colleagues have spoken on really wonderful people where others first woman Member of Congress, but I both sides of the aisle. I am particu- saw them in a life of business. Every won’t be the last,’’ and helped to pave larly moved by the fact of the men of day my father would open his grocery the way for future generations of Maryland who are here today. I am store and say, ‘‘Good morning, can I women leaders. moved by the wonderful words of Sen- help you?’’ When he did, he wanted to This past Saturday, March 17, 2012, ator CARDIN, my colleague. I am moved assure that his customers got a fair marked a monumental day in Amer- as well that Governor O’Malley is here deal. ican history. The Senator from Mary- today. My father opened his grocery store land, Ms. BARBARA MIKULSKI, cele- When I came to the Senate, Senator during the New Deal because he be- brated her 35 year in the United States Paul Sarbanes was my senior col- lieved in Roosevelt and because, as my Congress. league, and he is here today as well. father said, ‘‘Barb, I know Roosevelt That important accomplishment is a Governor O’Malley and Senator Sar- believed in me.’’ milestone for American culture and fe- banes are on the bench, but these men I also had the benefit of the wonder- male leaders in Congress. Senator MI- are certainly not back-benchers. I must ful Catholic nuns who educated me. I KULSKI is now the longest serving fe- say about the Governor and Senator had the benefit of going to a school male in the Senate and in the history Sarbanes and Senator CARDIN, they called the Institute of Notre Dame and of the U.S. Congress. She spent her prove the old adage that men of quality then Mount St. Agnes College, the Sis- first 10 years in the House of Rep- will always support good women who ters of Notre Dame and the Sisters of resentatives, followed by the next 25 seek equality. I have enjoyed their sup- Mercy. These women, who con- years here in the Senate. She has port, their wise counsel, and their col- centrated their lives on the message of worked every day to make America a legial efforts on behalf of the people of Christianity and the message of Jesus better place for the next generation. Maryland during my years in Maryland Christ, wanted to make sure that When Senator MIKULSKI began her politics. women in America could learn and be a work in the House of Representatives, It is a great honor to be here today part of our society. They didn’t only there were 18 female Members of the passing this significant benchmark of teach us our three Rs, they taught us House and three female Members of the becoming the longest serving woman in about leadership and service. But they Senate. When she began her first term the history of the Congress, both in the also taught us about other values—the in the Senate, there were 23 female House where I served for 10 years, and values of love your neighbor, care for Members of the House and only one in the Senate. It is a great honor for the sick, worry about the poor, and be other female Member of the Senate. me to be able to pass into the history hungry and thirsty for justice. Now, she is a leader among our 17 fe- books along with such an esteemed per- When I was at the Institute of Notre male Senators and 76 female Members son as Senator Margaret Chase Smith. Dame, a school that NANCY PELOSI of the House of Representatives. We spoke about that in January 2011 went to as well, there was something Her strong sense of community and when I was sworn in. There were trib- called the Christopher movement after instinctive nature pertaining to the utes that day and wonderful words St. Christopher. The motto was, ‘‘It is needs of Americans is exemplified by from our two women Senators from better to light one little candle than to her action-oriented attitude. Even be- Maine. Today—actually over the week- curse the darkness.’’ That is what I fore her tenure in Congress, as a social end—I surpassed the record of Edith wanted to do. I wanted to be a social worker for the people of Maryland, Ms. Norse Rogers who was the longest serv- worker. I even thought about being a MIKULSKI was active in local issues in ing woman in the House. Both of those doctor. One time I even thought about and around the Baltimore area and women came from New England. They being a Catholic nun, but that vow of worked to help at-risk children and were both hardy, resilient, and fiercely obedience kind of slowed me down a seniors. She continues working pas- independent. I, as I have read their his- little bit. sionately to address those issues tories, so admired them. They were In this country wonderful things hap- throughout her tenure in Congress. known for devotion to constituent pen. When my great-grandmother came Her advocacy for justice and con- service, an unabashed sense of patriot- to this country, she had little money in tributions to social issues are evident ism, and kind of telling it like it is. I her pocket but a big dream in her with her work to fight for women’s hope that as I join them in the history heart: that she could be part of the

VerDate Mar 15 2010 03:43 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.027 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1907 American dream, that she could own a have to spend down their life’s savings ate colleagues and people from Mary- home in her own name, in her own and lose their home. AARP tells me my land and across this country in recog- right; that she could have a job and so legislation of so many years ago, that nizing and congratulating the amazing could the people in her own family; and stands today, has kept 1 million peo- woman you just heard from, my good that based on merit and hard work you ple—1 million people—from losing their friend from Maryland Senator BARBARA could be something. Well, in three gen- home or their family farm. MIKULSKI, who, as you have just heard, erations, I have become a Senator. Those were the battles then. Those has just become the longest serving fe- Only in America the story of my fam- were the battles when I changed my ad- male Member of Congress in the his- ily could have occurred—modest begin- dress and I came to the Senate. Al- tory of the United States. nings, hard work, effort, neighbor help- though I changed my address, the bat- This is an achievement that takes ing neighbor. tles are still the same: jobs, social jus- courage, it takes passion, and it takes Much has been said about my fight tice, opportunity, based on hard work, commitment. Those are three at- for the highway. I was thinking about peace in the world, and I continue to tributes all of us who know her so well getting a doctorate, a doctorate in pub- fight for this. know she has in abundance. But my But for me, it is not only about lic health at Johns Hopkins. But they good friend, Senator MIKULSKI, has not were going to run that highway issues. Issues are so abstract. Issues just served long, she has served well. can be so bloodless when we talk about through the neighborhoods, the older The senior Senator from Maryland, it. For me, issues are about people—the ethnic neighborhoods, the African- over her 35 years in Congress, has es- people I represent in my own home- American neighborhoods. We were tablished herself as a trailblazer, as a town, the people I represent in my viewed in some of those neighborhoods leader, and as a fighter for the people State, and the people who live in the as the other side of the tracks. I want- of her State. It is fitting that this United States of America. ed to fight to keep those neighborhoods milestone was reached during Women’s on track. So I took on city hall, and I My favorite thing is being out there talking to the people, going into din- History Month because Senator MIKUL- did fight them. SKI has given so much of herself in sup- In this country, what happened? In ers, going table to table, listening to their stories, holding roundtables with port of other women in Congress. She another country, they would have has guided us, she has shown us how to taken a protester like me and put me parents whose children have special needs, meeting with scientists who stand and fight, and she has taken all in jail. Instead, in the United States of of us under her wing. America, they sent me to the city have discoveries they think will lead to new ideas and new products that will Senator MIKULSKI realized when she council. I worked hard there, and 5 arrived here that there was no rule years later, when Senator Paul Sar- bring new jobs, meeting with univer- sities that train our workforce. For book for women in Congress. So she banes, who was a Congressman, ran for took it upon herself to guide the way. the Senate, I ran for his House seat, me, it is about the people. So as I pass this important bench- She drew on her own experiences to and I got the job. mark, which I am so honored to do, I make the transition easier for all of us. When I arrived in the House in 1976, want people to know I am still that She organized seminars that you only 19 women were serving: 14 Demo- young girl who watched her father have heard about. She taught us how to crats and 5 Republicans; only 5 women open that grocery store every day and work together. She taught us about the of color. In 2012, there are 74 women in say: ‘‘Good morning. Can I help you?’’ legislative process, the rules on the the House: 50 Democrats, 24 Repub- I am still that young girl who went to floor, and the many more subtle rules licans; 26 women of color. In the Sen- the Institute of Notre Dame and Mount off the floor. ate, there are now 17 women serving: 12 St. Agnes College who said: I am going Democrats, 5 Republicans. Today, we In short, Senator MIKULSKI showed us to light one little candle. I do not want the ropes, and she has done it every saw visiting us Senator Carol Moseley- to curse the darkness. I want to con- Braun, a woman of color who served day I have been here for all the women tinue to fight for a stronger economy, who have come since she has been here. well while she was here. a safer America, the people of Mary- Those are the numbers and those are While she knows it is important and land. the statistics. And though I join this courageous to lead the charge, she also In conclusion, I want to say thanks. understands the first ones have to be long number of firsts, for me it is not I am going to thank the Dear Lord for how long I have served but how well I responsible and successful so others giving me the chance to be born in the can follow. It is because Senator MI- have served. When I came to Congress, greatest country in the world, to be I became a Member for the fabulous KULSKI has done her job so well that able to work hard and serve in one of other women have been able to follow Third Congressional District of Mary- the greatest institutions in the United land. My job was to represent a blue- in her footsteps. States of America. But nobody gets to She is here today as the longest serv- collar community that was in eco- be a ‘‘me’’ without a whole lot of nomic transition. What did we do? We ing woman in Congress, not by acci- ‘‘thee.’’ dent or by happenstance. She is here were a community that built things I thank my family. I thank the reli- because she has earned it, because the here so we could ship them over there. gious women who educated me. I thank people of her State know she is an in- We built cars. We built ships. We made all of my staff who have worked so dispensable champion of their causes, steel. We knew if a country did not hard to help me do a good job. And I because she does work across party make something and build something, thank the countless volunteers who be- lines, and because she delivers results. it could not make something of itself. lieved in me and worked for my elec- I fought for those blue-collar people. tion when nobody else did. Most of all, I know many years from now when I fought to keep those jobs in manufac- I thank the people of the Third Con- women have achieved a larger, more turing. We fought for the Port of Balti- gressional District and the State of representative role in our Nation’s Capital, Senator MIKULSKI will be at more, its dredging, so we could bring in Maryland for saying: BARB, we are the big ships so we could have exports. going to give you your shot. Don’t ever the very top of the list of people to We worked again for those people in forget this. Don’t ever forget us. I want thank—the person who not only forged those manufacturing areas while we them to know, though I have now the path but who went back and guided saw jobs go overseas. Then we worked served in the Senate 12,892 days, I will so many of us down it. very hard for cities to make sure our never forget them. Every morning I am I know many of my colleagues are on cities were safe, that we had great saying in my heart: Good morning. Can the floor today to thank Senator MI- schools, and that they had a chance of I help you? KULSKI. But I am here especially to making it. Mr. President, I yield the floor. thank her, as one of those women who I fought hard for health care. One of (Applause, Senators rising.) have followed in her footsteps, for her my greatest pieces of legislation was The PRESIDING OFFICER. The Sen- more than 35 years of service to her the Spousal Anti-Impoverishment Act, ator from Washington. State and to her country. Those of us so that if one spouse went into a nurs- Mrs. MURRAY. Mr. President, I am who know her well know she is not ing home, the other spouse would not so honored to join so many of my Sen- even close to being finished.

VerDate Mar 15 2010 03:43 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.057 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1908 CONGRESSIONAL RECORD — SENATE March 21, 2012 So, Mr. President, my very best to they were kindred souls in a lot of timore, but my guess is she is exactly my very good friend, Senator MIKUL- ways. And the guidance of Willy and the same today. All the power and the SKI. I wish her very well in her next 35 BARB’s mom—you can see it every day accomplishments and the emoluments years. in the way she acts. and the praise, all deserved, have not I yield the floor. I just want to say another thing changed her a whit. That to me says an The PRESIDING OFFICER. The Sen- about BARB. She got into public service amazing thing about an individual. ator from New York. as a community activist. There was a BARB, I know my colleagues are wait- Mr. SCHUMER. Mr. President I too highway that was going to tear up an ing, but we love you. We cherish you. want to speak of my dear friend BAR- important and historic part of her com- And as PATTY MURRAY said, I will put BARA MIKULSKI, who is just precious. munity, and she got involved. Being it my own way, I am sure that BAR- She is precious to her family. She is schooled by her and many of my col- BARA MIKULSKI, knowing her as well as precious to the people of the Third leagues, many women believed, oh, I do, the best is yet to come. Congressional District that she rep- they would be excluded from politics if I yield the floor. resented for 10 years. She is precious to they went into politics directly. But The PRESIDING OFFICER. The Sen- the people of Maryland, precious to the when you are a community activist ator from Rhode Island. people of the United States, and pre- and you take a lead because something Mr. WHITEHOUSE. Madam Presi- cious to those of us who have the privi- is bothering you about your home or dent, I wish to join my colleagues in a lege of serving with her in this body. your neighborhood, politics just fol- tribute to Senator MIKULSKI. She has been affectionately known as lowed sort of naturally. It is a little bit I am delighted to join my colleagues a few things: The dean of women; the like PATTY MURRAY’s story as well. in joining in this tribute to perhaps our breaker of the ceiling, as PATTY MUR- These days, because of what BARB favorite colleague, BARBARA MIKULSKI, RAY just said; setting the stage, setting has done, I think my daughters can as- on her becoming the longest serving the rule book—writing the rule book— pire—I do not know if they do, but they woman in congressional history. Her for women in the Senate. can aspire to go into political life di- work in these Halls has made our coun- There will be 51 women in the Senate rectly. In those days, it was much try stronger. In a place where partisan 1 day—there will be—and it will come harder. But there she was. She led this rancor too often rules the day, she has much more quickly because BARBARA fight. She went on to the city council, established a legacy of service to her MIKULSKI was the first. There is no of course the Third Congressional Dis- constituents and to all of us in this question about that. The Senate will be trict in Maryland, and now to this au- body that stands as an example to a better place for it in so many dif- gust Chamber. She has done so much. every one of us. ferent ways. It has been cataloged by all my col- Her political career began in the late She is also not only known as the leagues. 1960s when she launched a campaign to dean of women, we love her. She is Medical research: There are probably stop the construction of a highway known as BARB. I love calling her on millions of people alive today because over a historic neighborhood she want- the phone late at night and having her of the 35 years she has pushed to make ed to protect in Baltimore. She won say: This is BARB. Please call me. Make that happen. They do not know who that battle and went on to run for the sure you say the words and leave your they are, but they are there; and they Baltimore City Council in 1971. More phone number twice. are living happy and healthy because of than 40 years later and following a suc- Of course, when BARB says some- BARB MIKULSKI. cessful stint in the House of Represent- thing, we all do it. So I always leave How about veterans and health care atives, BARBARA MIKULSKI continues to the phone number twice. needs? Again, literally tens of thou- blaze an impressive trail. I admire so much about her. But one sands, maybe hundreds of thousands, of During her 27 years in the Senate, of the things at the top of the list is our veterans are living much better she became the first woman to sit on who she is. She is the real deal. She lives because they were able to get the the Senate Appropriations Committee, knows where she came from. She has health care that BARB MIKULSKI spear- the first woman to chair an appropria- never forgotten where she came from. headed, particularly in the earlier days tions subcommittee, and the first As I have told her personally, she has when this was not a popular cause. Democratic woman elected to Senate that internal gyroscope of who she is, The list goes on and on and on. She leadership. Last year, we celebrated what she should do, and how she should has done so much. In our Chamber she BARBARA as she became the longest do it that guides her almost instinc- is beloved. Beloved. People are some- serving female Senator. Now she has tively, and it is probably the most pre- times afraid of her when she gets mad. crossed yet another milestone, passing cious thing a politician can have. Not People want her approval. But most of Congresswoman Edith Nourse Rogers very many people have it, but hers is all, I think what most of us seek is her of Massachusetts, having served in the about the best I have ever witnessed. advice, because after so many years in Congress longer than any woman in It started from her upbringing and politics, she has that gift to under- history. her faith, which she mentioned. We stand what the average person needs Of course, we do not just celebrate have talked about Willy. She has men- and to talk directly to them. She does the quantity of BARBARA’s service but tioned Willy. But you never forget how not talk through her colleagues or does its quality. No one is better at drilling she reminds us because it is with her, not talk through the media or does not down to the heart of an issue and ex- and you can see it in her actions every talk through some community leader pressing it in punchy, unforgettable day—how when people would come into or other politician. She still is talking terms. No one cheers us up more than the store that Willy had, the grocery to that family sitting in east Balti- BARBARA when she tells us to: Stand store in east Baltimore, when they had more or in Hagerstown or in Annapolis. tall, square our shoulders, put on our lost their job or someone was very sick She almost has them in front of her lipstick, and rise to the occasion. We and Willy would say: Take the gro- eyes wherever she goes. That is why do not all put on lipstick, but we all ceries and pay me later. her speeches are so effective. She does get the message. It reminded me of my grandfather not try to polish them. That is not her. No one better combines the idealism Jake—we have talked about this—who She speaks from the heart directly to of politics with the proactive abilities was an exterminator, not quite the the people, and she cares so much of government. She told me once with same as Willy and not providing the about them that it comes through. It is a twinkle in her eye, ‘‘I am a reformer, same services, but he would tell people: an amazing trait. but I am a bit of a wardheeler too.’’ If you have roaches and rats in your I most admire people in political life Practicality and passion combined is house and you can’t pay, I will still ex- who never forget where they came what makes politics successful, and no terminate. Pay me when you have the from. She is one of the most powerful one does it better than BARBARA. money. So I understood that instinc- people, not just women, one of the When she was first elected to the tively. most powerful persons in America. I House in 1977, she was 1 of 21 women in I would have loved Willy to have met did not know BARB MIKULSKI when she Congress; 18 in the House and only 3 in my grandfather Jake because I am sure was a community activist in East Bal- the Senate. Today there are 93 women

VerDate Mar 15 2010 05:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.058 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1909 serving including 17 Senators. BARBARA purpose, you will get exalted patriot- early years as a social worker, helping has earned the distinction of dean of ism, and you will get unstinted useful- folks in need understand the programs the Senate women. But she never, ness.’’ available to them and then fighting for never forgot her roots as a champion That was Rebecca Felton in 1922. the programs that should have been for those who need a voice in this Today, in March of 2012, we honor a available to them. building. Senator who has lived up to every one It is no surprise to any of us that the In her years in the Senate, BARBARA of those promises Ms. Felton made al- district she first represented in the MIKULSKI’s dedication to her constitu- most 100 years ago. I have had the House of Representatives, the Third, ents and women’s rights has been clear, privilege to serve on the HELP Com- was known as the ‘‘steel district’’ from becoming a champion of women’s mittee with the Senator, worked very where lots of men and women worked health issues to organizing training closely on the Alzheimer’s legislation in the Bethlehem Steel plant. It is no seminars for women of both parties which she has been such a leader on, surprise that she has earned a reputa- elected to the Senate, to sponsoring worked with her on many other tion here in the Senate as a woman of and pushing through with a force that projects, including one I am happy to steel, who fights for manufacturers, we all remember the Lilly Ledbetter remind her about, and that was the who fights for Federal workers, who Fair Pay Act of 2009. confirmation of Wendy Sherman a few fights for Western Maryland, who During my much shorter tenure as a months ago when together on the floor fights for poultry on the peninsula of Senator, I have had the great privilege of the Senate, we worked together to the Eastern Shore of Maryland, who and pleasure to work with BARBARA to see that she was appointed and named fights for her constituents day in and pass landmark health care reform leg- and confirmed Under Secretary of day out. islation out of the HELP Committee. I State for the United States of America, It is indeed just that in this Woman’s have also served with her on the Intel- serving under Hillary Clinton. History Month we would be recognizing ligence Committee, and worked closely On that night when we worked on Senator BARBARA MIKULSKI, who has with her on the Senate Intelligence getting that UC done, and it was not stood up for Maryland each and every Committee’s cyber task force to evalu- easy, I saw the tenacity, I saw the day. And though like me she comes up ate cyber threats and issue rec- grace, I saw the patriotism, and I saw a little short every time she stands, ommendations to the full committee. I the integrity of BARBARA MIKULSKI. It she stands incredibly tall in the com- have taken from those experiences is an honor for me to rise today and pany of Senators throughout American great affection and respect for Senator commend her on a great individual history. She is someone who is pas- BARBARA MIKULSKI. These are issues achievement, not just for herself but sionate for people, who has determina- that are complex, complicated, dif- for all of the women who have gone be- tion to continue in the tradition of her ficult, and abstruse, and she brought to fore her and all the women who will father, that fair deal grocer, who asked them the verve and the vigor and the come later on, and to my five grand- every day that simple question: How vision to move on them. And those daughters and my daughter. can I help, and then gets busy answer- really are her hallmarks: verve, vigor, She has led the life in the Senate ex- ing it. and vision. emplary of the contributions that all She is a role model for me, for all of I know all of us here in this Chamber women can make to our society. I com- us, for my daughter, for my family, for are proud to call Senator BARB our col- mend her on her service, her compas- our community. She is the only Sen- league and friend as she makes history sion, her integrity, and all that she has ator I have heard say to me, fiercely, yet again. Her hard work and collegial done for the State of Maryland, the before going on a vote on the floor: To spirit have enriched this Senate. I wish United States of America, and peace on the barricades. And she is the only per- her all of the best in the accomplish- this Earth. son who could say that and mean it. ments ahead. On behalf of all Rhode Is- BARBARA, congratulations to you on For a lifetime, she has been at the bar- landers, Senator MIKULSKI, I congratu- a great achievement. It is an honor for ricades of justice. She has been at the late you for this milestone in your his- me to be here. barricades of service. She has been at tory, the Senate’s history, and our Na- The PRESIDING OFFICER (Ms. KLO- the barricades of making a difference. tion’s history. BUCHAR). The Senator from Delaware is And for that, we are all grateful. I yield the floor. recognized. I yield the floor. The PRESIDING OFFICER. The Sen- Mr. COONS. Madam President, I am The PRESIDING OFFICER. The Sen- ator from Georgia is recognized. honored to follow my good friend and ator from Alaska is recognized. Mr. ISAKSON. Madam President, I colleague from the State of Georgia in Ms. MURKOWSKI. Madam President, consider it an honor and a privilege to recognizing the remarkable contribu- I too stand today to pay recognition to rise for a moment to pay tribute to tions of Senator MIKULSKI, now the a friend, a colleague, and truly a Senator MIKULSKI from the State of longest serving woman in the history woman who brings a smile to my face. Maryland, And in so doing, I think it is of the Congress. Because for as many years as she has only appropriate that I quote from a Today we have been joined by many served her State of Maryland, for as speech made on November 22 in 1922 by great Marylanders. We have had Gov- many years as she has served in the the first woman ever to serve in the ernor O’Malley and Senator CARDIN, Halls of Congress, she has the enthu- Senate. and former Senator Sarbanes, and Sen- siasm, the spontaneity, the excitement Rebecca Latimer Felton was the first ator MIKULSKI’s own family, her sisters when she approaches an issue as a woman Senator. She was appointed for and brother-in-law in attendance. I am brand new rookie freshman coming 1 day. Governor Brown had run against also pleased that we have got two of into this body. Walter George for the Senate. Walter her favorite constituents, my father That is quite remarkable because George won. And because of Ms. and my brother, who are with us today around here we can get kind of dragged Felton’s unending help to him in his as well. They live in Annapolis and down by the day-to-day politics, the race, he asked the Governor if he would they have known what I have known partisan nature, and the conflicts that appoint her for a day to his seat before since childhood when I lived in the sub- are inherent in this process. he took it and was sworn in. urbs of Baltimore, that Senator MIKUL- BARBARA MIKULSKI is one who em- She came to Washington, DC, to SKI is a remarkable, a tireless, a pas- braces life and the responsibilities that serve for 1 day and she made one sionate, and an effective Senator. are put before her. She has an oppor- speech. In that speech she had a para- Reference has been made to her start tunity to represent her constituents, graph that to me exemplifies BARBARA as a community organizer, someone and she embraces it with an enthu- MIKULSKI. She said, ‘‘Let me say, Mr. who saved Fells Point from a 16-lane siasm that should be a reminder to us President, that when the women of the superhighway, someone who was not all of why we are here to serve. country come and sit with you, though afraid to get into the gritty issues of a I have so many different stories and there may be but very few in the next local community and standing up for quips and quotes about Senator MIKUL- few years, I pledge you that you will folks who did not have anyone to fight SKI, whose name sounds somewhat get ability, you will get integrity of for them. We have also heard about her similar to mine—MURKOWSKI. Every

VerDate Mar 15 2010 05:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.059 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1910 CONGRESSIONAL RECORD — SENATE March 21, 2012 now and again, we have an opportunity In many different ways, that makes carries those memories with her to this to share the same stage, the same po- this milestone we are recognizing even day. To this day, she has never forgot- dium, and the individual who is intro- more important because I think there ten the people of Maryland who need ducing us will trip on his or her tongue is a kind of a piling on of events that her the most and have had the wisdom and refer to us wrongly. There was one can happen in the Halls of Congress, to elect her time and time again. occasion where we were being recog- where the weight of what we do on a Her political career has taken her nized by the National Geographic Soci- daily basis gets to be a load. To a cer- from the Baltimore City Council to the ety, and she pointed out to the indi- tain extent, one can get tired, one can House of Representatives and to this vidual making the introduction: She is get worn, but BARBARA has not let the Chamber, where she has honorably the vertical one, and I am the not so weight of that responsibility bring her served for the past 26 years. For 7 vertical one. down. years, I have had the opportunity to This is just a recognition again that I was joking with her a little bit ago work with her in this Chamber, and regardless of the situation, BARBARA when all the accolades were coming her there has been no stronger, more MIKULSKI has a good comeback, a quick way. I said: BARBARA, with all these knowledgeable, more committed col- quip. She is a quipmeister if there ever kind words that are being said about league on this side of the aisle. She is was one. It speaks again to the enthu- you, by the time the tributes are done, an example for all her colleagues, de- siasm and passion she brings to the job you are going to be 7 feet tall. That termined to work across the aisle when she has in front of her. woman is 7 feet tall in the minds of so possible and ready to fight for her be- With names such as MURKOWSKI and many of us. She is a giant for the peo- liefs when necessary. MIKULSKI, we clearly have a Polish her- ple of Maryland. She has proven herself She was the first woman elected to itage we look to with pride. She re- to be a giant in so many ways as she statewide office in Maryland, the first minds me of mine because she is per- works to do good for so many. Democratic woman elected to the Sen- haps a little more connected to those I am proud to stand with so many ate in her own right, the first woman Polish roots. Again, there is a sense of colleagues in recognizing her tenure, to serve in both Houses of Congress, pride with whom she is, where she has recognizing this historic place she has and the longest serving female Member come from, and what her family has carved for herself within the Congress, of the Senate. done preceding her that allows her to and to call her my friend. As we all know, this past Saturday, go on and do so much for so many. I yield the floor. Senator MIKULSKI became the longest We have had the opportunity to work The PRESIDING OFFICER. The Sen- serving woman in the history of the together on issues that, coming from ator from New Jersey. Congress, serving more than 35 years in different parts of the country—truly Mr. MENENDEZ. Madam President, I the House of Representatives and the different ends of the country—and one rise to honor the service of one of our Senate. would not think we would have as most distinguished and long-serving It is only fitting that she achieve much commonality on some of the colleagues, the tireless, sometimes re- this milestone during Women’s History issues. As the chairmen on the Com- lentless, and often spirited senior Sen- Month because she has not only paved merce, Justice, Science Appropriations ator from Maryland, Ms. BARBARA MI- the way for women in politics but she Subcommittee, we have worked closely KULSKI. has helped pave the way for women ev- on issues that relate to our fisheries, To say she is a trailblazer for women erywhere. coastal issues, and judiciary issues. in politics is an understatement. She I had the opportunity to work with She is always reminding me that we has blazed a bold trial not just for Senator MIKULSKI during the long and have to take care of our fishermen out women in politics but for all women in difficult debate and negotiations on there and make sure our families who every endeavor. She is a fighter, an ad- health care reform. Her work was in- rely on our waters are appropriately vocate, someone whom one is hopefully strumental in ensuring that women cared for. on the same side with because she is a have access to the comprehensive We have worked together on women’s formidable opponent when one is on health care they are now guaranteed health issues. We were recently at the the opposite side. She is a role model under the law. During that debate, no Sister to Sister event. I do feel a kin- for leadership and getting things done. one’s voice was clearer, no one’s voice ship and a relationship with this Polish Her impressive list of accomplish- was stronger, no one was more con- sister as we talk about those issues ments is far too long to recite in a few vincing than she in the fight for a that are so important to women’s minutes or even a few hours. It would woman’s right to comprehensive health health. not adequately do justice to her incred- care coverage. We share the same concerns about ible service to Maryland and the people She fought for mandatory insurance how we do more for our first respond- of this Nation. Senator MIKULSKI has coverage of essential services, such as ers, our servicemembers, and our vet- dedicated her career to serving Mary- mammograms and maternity care, erans. Just this past week, as Sen- landers and has dedicated her life to services that many insurance compa- ator—I almost called her MURKOWSKI public service. nies refused to cover. She fought to end myself—Senator MIKULSKI was She began as a social worker in the gender discrimination by insurance chairing a committee, and I brought up neighborhoods of Baltimore, working companies. an issue as it related to the late Sen- every day on the street helping at-risk As a result of the affordable care act ator Ted Stevens and the Department children find their way and giving sen- and, in large measure because of Sen- of Justice investigation that failed so iors the help they needed. ator MIKULSKI’s tireless efforts on be- miserably—and we are now pursuing it, She was not, and is not, a bleeding half of women, being a woman is no through different avenues, to make heart, but there is no one who has a longer a preexisting condition, as in- sure nobody should have to go through fuller heart, a more open heart to the surance companies used to say, that what Senator Stevens did—Senator MI- deepest needs of the least powerful can be discriminated against. KULSKI literally stopped the committee among us than Senator MIKULSKI. She Those insurance companies that rou- hearing to remind the Attorney Gen- is someone one wants on their side. tinely denied coverage of basic wom- eral that, in fact, this was not a par- Senator MIKULSKI came to public en’s health services—essential serv- tisan issue; this was an issue where we service with what I like to call the long ices—are now required to cover those all should be concerned and that if view. She can see beyond herself to the services under the comprehensive wom- there is no justice within the Depart- needs of society as a whole, and she has en’s health services provision of the ment of Justice, what does that mean fought for those needs and won on far law. for us as a nation. more occasions than she has lost. Whenever there is a need in the She is never hesitant to speak and When she first ran for public office in Chamber for a strong voice for women, stand and make very clear, when these 1971, I know she had in her heart the whenever there is a need for an advo- issues are important to the Nation, it deep and abiding memories of those cate to stand for the powerless against should know no bounds by party. BAR- kids and seniors she met in Baltimore the powerful, whenever there is a child BARA MIKULSKI has held true to that. when she began her career. I know she who needs a friend or a senior citizen

VerDate Mar 15 2010 03:43 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.061 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1911 who needs a hand, BARBARA MIKULSKI honoring Senator BARBARA MIKULSKI Her bipartisan women’s dinners are is there. for her service to Maryland and for the legendary. And, of course, what hap- I believe there are many times she endless contributions she has made to pens at those dinners stays at those comes to this floor remembering, as the people of this country. dinners. Those are MIKULSKI’s rules. she said, her days back in Baltimore, It is very hard to adequately describe But we really don’t need to look any and she is right there—an advocate’s a political icon such as BARBARA MI- further than that wintry night in advocate—fighting for those children KULSKI. For all of us women in politics, Maine to know how effective she has and seniors she met along the way. she is a model of what we can aspire to been in making things happen for peo- The rest of us are better off because or what we would hope to aspire to. I ple. she comes here with a full heart, ready just want to tell a simple story about I look forward to more of her dinners, to do what is right, not just what is po- BARB that I think reflects her ability to more conversations with the Sen- litically expedient. to get along with people, her zest for ator, to more chances to work with her Her bill, the Lilly Ledbetter Fair Pay life, as so many of my colleagues have as she fights on behalf of women and Act, was signed into law by President described, and the connection she seniors and veterans and all those who Obama just days after his inaugura- makes that makes a difference for peo- don’t have a voice in government and tion. I was proud to work with her on ple. at the table. I thank the Senator for that bill and on so many other efforts She and I were on a flight with four her friendship, for her leadership, and as well that make a difference in the other Senators to the security forum in for her many years of service. lives of average Americans. Halifax, Nova Scotia, a couple of years I yield the floor. Finally, Senator MIKULSKI has been a ago, and the weather was bad, so our The PRESIDING OFFICER. The Sen- tireless advocate for something that is flight was diverted to Bangor, ME. It ator from West Virginia. near and dear to my own heart—for was winter in New England, and of Mr. MANCHIN. Madam President, I those who suffer from Alzheimer’s and course, when there is bad weather in too am honored to be able to rise today their families. New England in the winter, it sticks to speak of our dear friend BARBARA As the son of a mother who battled around for a while, so we were trapped MIKULSKI. So many good things have Alzheimer’s for 18 years and lost her overnight in Bangor. Most of us just been said, so many accolades have been life to it, I understand firsthand the sort of sat there waiting to figure out shared about what BARBARA has done unique challenges of providing long- what was going to be done while we and what she means to all of us. I can only tell you there is not a better ally, term care for a loved one. Senator MI- waited for a flight the next day, but mentor, neighbor, and, most impor- KULSKI has come to this floor on count- not BARBARA because she doesn’t sit tant, friend to have in the Senate than less occasions advocating for increased still. She is never afraid to pick up the BARBARA MIKULSKI. research, education, and programs for phone and take action, and that is ex- My State shares a border with BAR- individuals with Alzheimer’s. She has actly what she did. BARBARA dialed up BARA’s State. Maryland and West Vir- found support from her colleagues on her old friend and colleague—the col- ginia have had a long and illustrious both sides of the aisle. league of all of us—Senator SUSAN COL- relationship. As Governor, I had always It is estimated that 5.4 million Amer- LINS, and said: Guess where I am. And known of BARBARA and had met her a icans are currently living with Alz- that is how those of us who were on few times when I served the great heimer’s and millions more have been that flight—the six Senators and the State of West Virginia. But as a Sen- touched in some way by this debili- Secretary of Homeland Security— ator, I have had the privilege of being tating disease. wound up joining Senator COLLINS and her colleague and working with her and I thank the Senator from the bottom the legendary Troop Greeters of Ban- becoming friends, listening to her and of my heart for her passion for helping gor, ME, in welcoming troops at the watching her in how she works with those who suffer from this disease. I airport as they returned home from her constituents, how she considers the look forward to continuing to work overseas. So what had earlier seemed issues, how she fights for issues. I don’t with her on this issue until we find a like an inconvenience turned into a think anyone has ever had to guess cure for Alzheimer’s. fabulous opportunity to thank our where BARBARA stands on an issue be- The bottom line: BARBARA MIKULSKI brave men and women in uniform and cause we all know. is a deeply committed public servant. to have a good time while we were In the 15 months we have worked to- The State of Maryland has rightly rec- doing it. gether, I can say it has been extremely ognized her invaluable service for You find those kinds of things hap- rewarding to serve alongside her, many years. Because of her efforts, pening if you spend time with BARBARA whether it is her wisdom she shares on those Maryland families know their in- MIKULSKI. It is a byproduct of her re- the train ride over to our sessions here terests are protected and their voices lentless energy, her drive to better her or whether we talk about our both are heard. community and our Nation as a whole, being raised in a grocery store. My It has been an honor to serve with her deep commitment to fighting for grandfather had a little grocery store her. All of us in this Chamber can only women’s health, and her unfailing and, as you know, BARBARA was raised hope to serve our States with the same grace and gumption as a legislator, a with her father in a grocery store. I conviction, selflessness, and pride as colleague, and a friend. think, basically, if you have retail in Senator MIKULSKI has throughout her As has been said, she got her start as your blood, you understand the people 35 years of service to the State of a social worker trying to make the of America. Maryland. lives of men and women in her native Her sense of humor is something to I am reminded of what Mother Teresa Baltimore a little easier to bear. She behold. Every day I have the privilege said when she got the Congressional was working in the service of values of serving with her is a good day in the Gold Medal: that were taught to her by her family, Senate. It is not the awards and recognition that who owned the neighborhood grocery I know colleagues have all shared one receives in life that matters; it is how store. And as so many have com- their stories about BARBARA, and they one has lived their life that matters. mented, she often tells the story of her have had more experience with her in In that respect, BARBARA MIKULSKI father opening the store early so that the Senate. As a freshman, being here has lived an extraordinary life. We steelworkers coming in for the early- only a little over a year and a half, I thank her for what she has done and morning shift would have time to buy have not had that many personal expe- not just for the people of Maryland but their lunch. BARB has carried that spir- riences, but I can tell you this: If there for all the people of America. it, those values she learned from her is a fight that breaks out, if there is I yield the floor. family in that grocery store here to the something going wrong, you want BAR- The PRESIDING OFFICER. The Sen- Senate, and often those values are BARA on your side. She is the person to ator from New Hampshire. sorely needed here. have in that foxhole when the shooting Mrs. SHAHEEN. Madam President, I As dean of the Congressional Caucus starts. And I have been so appreciative am proud to be able to join my col- for Women’s Issues, she has built a to have her as my friend and always leagues on the floor this afternoon in sense of community within the caucus. counting on her.

VerDate Mar 15 2010 06:18 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.062 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1912 CONGRESSIONAL RECORD — SENATE March 21, 2012 As we have all heard, she has been an was proud of the moniker because it ple stopped talking about things that advocate for women’s health, the space was intended to be a compliment and a were extraneous and they would listen program, and her most beloved State of sign of friendship. carefully, because BARBARA MIKULSKI Maryland, which she fights for every Strikingly, BARBARA MIKULSKI and I always made so much sense and she day. have backgrounds that are not dis- didn’t let you get by without a chal- Last year she became the first similar. I came from Polish heritage. lenge if she believed you were wrong. woman to reach the milestone of serv- My grandparents on my paternal side We have heard about her record, we ing a quarter of a century in the Sen- were born in Poland, as BARBARA’s have heard about her accomplishments, ate. Madam President, I have staffers family was. They were immigrants. My and everybody had wonderful things to who are younger than her years of parents were brought as children from say about her. I listened carefully to service. But I also have young staffers, Europe and went through the tradi- the statements that were being made especially my female staffers, who tional immigrant absorption. and thought about our days together have said they see a world of possi- My folks found it very hard to make and how wonderful it was to be able to bility because of the trail Senator BAR- a living as they grew up here in Amer- hear BARBARA MIKULSKI make sense BARA MIKULSKI has left for them. With ica. My grandparents were essentially out of what often escaped that chal- all of that, she has blazed a trail for all poor people with a kind of blue-collar lenge. She would offer the challenge of us. No one will be able to fill the background. They had to resort to and she would offer solutions. shoes of BARBARA MIKULSKI. We will all storekeeping to keep food on the table, I, like our other colleagues, stand be lucky enough to follow in her foot- a roof overhead, and clothes on their here in awe and respect and note that steps. backs. BARBARA MIKULSKI, the storekeeper’s When she began serving on the Hill in The one thing that threaded through daughter, is so much like that which I 1977, there were 20 other women in all those years for me—and I heard it com- saw in my own life and we have seen in of Congress. She and 17 others served in ing from BARBARA MIKULSKI so many America in the past century; and BAR- the House, while there were 3 in the times when she spoke—was there was BARA MIKULSKI who, in all due mod- Senate. Today, 35 years later, there are always dignity in the house, there was esty, without any impression of a smug 17 women serving in the Senate. If always a positive outlook. satisfaction, is always ready to take up there is anything we can learn from As I heard, my parents, like hers, the battle for the people she served, Senator BARBARA MIKULSKI, it is that were not able to do much with presents not only in the State of Maryland but 17 women is far too few. We need more and valuables. But they did something across the country. She is an inspira- women like you, BARBARA, and, just as else, and you see it so fundamentally tion for women coming to government, important, we need more Senators like clear in BARBARA MIKULSKI’s demeanor and she serves so well as a demonstra- you. and her behavior: that what she tion of what could be. I can honestly say that I know the learned at home, the same thing that I I am delighted to be here, to stand State of Maryland is much better off learned at home, was the meaning of here as a friend and an admirer of BAR- because of BARBARA MIKULSKI, but I values not valuables but values. And BARA MIKULSKI, and wish her many can tell you that the United States of values included a character obligation more years of service. I know that with America is a better country because of for hard work and honesty and de- BARBARA around, you can always count BARBARA MIKULSKI. So I say thank you cency. They were the yardsticks by on sense and good judgment to result. to my dear friend BARBARA for her which we were measured as children Madam President, I yield the floor. service to this great country and to all and as adults. The PRESIDING OFFICER. The Sen- the constituents in Maryland who must I worked very closely with BARBARA. ator from New York is recognized. be extremely proud of her and have a I left the Senate, as is known, for 2 Mrs. GILLIBRAND. Madam Presi- right to be so. I too am so proud to call years and my seniority slipped as a dent, I associate myself with the re- her my friend and my neighbor. consequence. BARBARA’s seniority con- marks of my colleague, the Senator Madam President, I yield the floor. tinued to grow, and she is chairman of from New Jersey. The PRESIDING OFFICER. The Sen- the appropriations subcommittee. BAR- It is with great admiration that I rise ator from New Jersey. BARA always brought a degree of today to join all of my colleagues who Mr. LAUTENBERG. Madam Presi- strength and energy to the things that have spoken before me and who will dent, we have listened with interest she said and to the things she did. Al- continue to speak honoring the Sen- and total accord as the life of BARBARA though BARBARA during a presentation ator from Maryland, BARBARA MIKUL- MIKULSKI in the Senate has been re- wanted to make sure that she was SKI, as the longest serving woman in viewed by so many people. We have heard, and heard correctly, she would the history of the Congress. heard the friendship and good will we also pop up with humor. She had a fa- It has been such an honor to serve all share toward her. cility with words and a facility with with Senator MIKULSKI. In my 3 years Her record is quite well known. She expression that would have you en- in the Senate, she has quickly become is determined to get things done. She grossed in what she was saying and a dear friend and an invaluable mentor, never lets minutia stand in the way or caught off guard when a joke or a hu- as she has been for all of the other fe- block an accomplishment. And I have morous statement would pop up. male colleagues as the dean of women noticed one thing: When BARBARA MI- When we note that BARBARA MIKUL- Senators. KULSKI starts to talk during a debate, SKI, from this modest background, was It wasn’t until 1932 that Hattie Cara- the noise around the room quiets down. always on the side of working people, it way became the first woman ever And if it doesn’t, beware; BARBARA will was never a mask; it was the truth and elected to the Senate, and it wasn’t call your attention to it and say it in it was where she wanted to be. I must until a half century later in 1986 that, a way that demands attention. say that she, for me, was always a against all odds, BARBARA MIKULSKI be- BARBARA and I arrived in the Senate steadfast beacon that would remind us: came the first Democratic woman in fairly close proximity. I came here Don’t get carried away too much with elected to the Senate. That is right. in 1983 and BARBARA arrived in 1986, as your personal importance. Get carried When she arrived in the Senate, she I recall. We were both on the Appro- away with the things you have to do in was just one of two women serving in priations Committee. I had some slight your responsibility as a Senator. this body. Now the longest serving seniority over her, and one of the When BARBARA MIKULSKI came these woman in congressional history, Sen- things that were being dealt with was years ago, as was noted, she was the ator MIKULSKI is showing what is pos- seniority. BARBARA asked for my help first among the women to come to the sible when you ignore conventional in the choice of subcommittee, and I Senate and ultimately, as we now wisdom, never stop fighting for what is tried to step out of the way and help know, became the longest serving and right, and honor our commitment to BARBARA obtain the chairmanship of a carried herself through all of the dif- families who elect us every single day. subcommittee in Appropriations, which ficulties we have had. But always, al- One of her hallmark battles has been she managed so well and so effectively. ways you could depend on BARBARA MI- the fight for equal pay for work for She once called me her Galahad, and I KULSKI. When BARBARA stood up, peo- women. This is not only an issue of

VerDate Mar 15 2010 05:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.063 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1913 equality and justice but an economic DURBIN is going to make a UC request, people who dream of going to college, imperative, because as we stand here which I plan to object to, and there for families facing devastating illness, today, with more dual income house- might be some brief discussion of that. for opportunity for all Americans. That holds than ever, women only make 78 But I don’t see Senator DURBIN on the has been her passion, that has been her cents on the dollar compared to men. floor. true achievement, and that will be her For women of color, the disparity is Mr. UDALL of New Mexico. I am greatest legacy. even greater, African-American women probably going to be the concluding re- When BARBARA was first elected to earning 62 cents on the dollar, and marks on celebrating Senator MIKUL- the Senate in 1986, there was only one Latinas 53 cents on the dollar. I know SKI, so I am going to proceed with that. other female Senator. Now there are 17. Senator MIKULSKI won’t give up until Madam President, we have been here BARBARA is, rightly so, the dean of the we correct this outrageous injustice, now for almost 3 hours—I was down women. She is a mentor to her female and I am honored to be fighting along- here when we started. Senator FEIN- colleagues, but no less so she is an in- side her. STEIN started about 2:00 and we are ap- spiration to all of us. Senator MIKULSKI has also led the proaching 5:00 now—for an incredible I admire BARBARA’s remarkable de- fight to strengthen our laws against celebration of BARBARA MIKULSKI’s ca- termination and her tenacity, but also domestic violence, and open access to reer. I have listened to a lot of it both her ability to work with others to get health screenings and treatment that at my office and here on the floor, and things done. She will fight for what she saves women’s lives. Close to my heart, it is pretty remarkable to hear the believes, but she will sit down to din- she was among the first to stand up to kinds of things she has done with her ner with her colleagues across the insurance companies that said that life and I rise today to honor my col- aisle. And she has never forgotten being a woman was a preexisting condi- league, Senator BARBARA MIKULSKI. where she came from. The daughter of tion. You can always count on Senator As has been noted, this month Sen- a Baltimore grocer, each night she re- MIKULSKI to lead the charge in drawing ator MIKULSKI becomes the longest turns home to Baltimore. She has a line in the sand in the Senate when it serving woman in the history of Con- never forgotten the values she learned comes to protecting women’s health gress. With her perfect sense of timing, there: hard work, helping one’s neigh- and women’s right to choose. We saw it BARBARA reaches this historic mile- bor, patriotism. She is diminutive in height only. yet again when she stood up to the dan- stone during Women’s History Month. That was evident early on. The story is gerous overreach of the Blunt amend- And it is for the history books. But, as well known how, as a young commu- ment that would have denied women of BARBARA has said: It is is not how long nity activist, BARBARA stopped that 16- this country the ability to choose I serve but how well I serve. And she lane highway from coming through which medications to take and leave has served very well. She has served Baltimore’s Fells Point neighborhood. that decision to their boss. her beloved State of Maryland very She is not afraid to stand up to power, She embodies the words of Eleanor well, and she served this country in a and she is not afraid of speaking Roosevelt: number of capacities on the Appropria- strongly to power. In all the ways that The battle for individual rights of women tions Committee and on various com- count, Senator BARBARA MIKULSKI is a is one of long standing and none of us should mittees in the Congress. countenance anything that undermines it. We celebrate this historic occasion towering figure. Albert Schweitzer once said: I don’t but, more deeply, we celebrate BAR- It is that spirit—making your voice know what your destiny will be, but heard, never backing down in the face BARA’s record of achievement—a record that transcends gender, a record that is one thing I know for sure. The only of injustice—that has made Senator ones among you who will be truly rooted in a life dedicated to public MIKULSKI one of the strongest voices happy are those who have sought and service. we have for women in this country and found how to serve. This BARBARA MI- women around the world. Every single Since she was first elected to public office in 1971 to the Baltimore City KULSKI has done. From her early days day she is paving the way for more as a social worker to her years in Con- women leaders in America by showing Council, BARBARA has been setting milestones. Think about that for a gress, she has served. She has served the young women and girls of this long and well. minute—1971. This is 40 years plus of country that women’s voices matter Congratulations, BARBARA. It is an public service. As the Chair knows, this and are needed in our public debate. honor to be your colleague. I close by expressing my personal is pretty remarkable. She served in I yield the floor. debt of gratitude to her for her vision, public service for a while. I have served The PRESIDING OFFICER. The Sen- her leadership, and her pioneering spir- for a while. But 41 years of public serv- ator from Maine. it. I simply could not imagine working ice is remarkable—the first woman Ms. SNOWE. Mr. President, I in this body without her leadership. elected to statewide office in Mary- couldn’t be more pleased as well as She has taught me so much in such a land; the first Democratic woman privileged to join all of my colleagues short period of time. And, as impor- elected to the Senate in her own right; today in congratulating a very good tantly, she has fostered an unbreakable the first woman in the Senate Demo- friend and colleague, the dean of the bipartisan spirit among our colleagues cratic leadership; and the first Demo- women of the Senate, Senator BARBARA that has resulted in important vic- cratic woman to serve in both Houses MIKULSKI, on overtaking Congress- tories for the American public. of Congress. Yet it is not her being woman Edith Nourse Rogers as longest Thank you, Senator MIKULSKI, and first that is the most impressive; it is serving woman in the history of the congratulations on your historic her commitment to putting others Congress. achievement. It is an honor to serve first. BARBARA has shown that commit- As someone who has had the privi- with you, and I hope to continue to ment time and again. lege of knowing Senator MIKULSKI serve with you for many years to come. In over 35 years in the Congress, she since 1978 when I was first elected to I yield the floor. has never wavered in her service to our the House of Representatives, for me, The PRESIDING OFFICER. The Sen- Nation and her dedication to the people this milestone represents a watershed ator from New Mexico. of Maryland. She has fought for quality moment in the life of American poli- Mr. UDALL of New Mexico. Both education. She has fought for Amer- tics. Senator SESSIONS and Senator SNOWE ican seniors. She has fought for wom- For nearly 35 years, I have witnessed are here, and I don’t know if they en’s health and for veterans. For BARBARA MIKULSKI summon and har- wanted to speak. I know we have had a women facing unequal pay, BARBARA ness a seemingly limitless reservoir of flow of speakers on this side, and if one championed the Lilly Ledbetter Fair energy as a fierce advocate and a of you wants to speak before I speak, I Pay Act. For senior citizens facing champion on behalf of the people of think it is the fair thing to do. bankruptcy because of a spouse’s nurs- Maryland as well as the country. With The PRESIDING OFFICER. The Sen- ing home care, BARBARA wrote the equal parts vigor and vigilance, she has ator from Alabama is recognized. Spousal Anti-Impoverishment Act. demonstrated a devotion to her con- Mr. SESSIONS. Madam President, Yes, she is a trailblazer, but she blazes stituents that has been unerring in its my understanding was that Senator those trails to help others—for young promise and ironclad in its purpose.

VerDate Mar 15 2010 05:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.065 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1914 CONGRESSIONAL RECORD — SENATE March 21, 2012 It is precisely that caliber of service tenacity firsthand, having worked with from these clinical study trials could that the people of Maryland have re- her side by side over the decades, not be applied to women. warded time and time again. whether on matters of equity for When we discovered that these in- As I stated on this very floor at the women in the workplace, ensuring gen- equities and this discriminatory treat- outset of this Congress when she sur- der-integrated training in the military, ment existed, we set to work on how to passed the length of service of Maine’s working on cybersecurity, working on redress this wrong. It is hard to believe legendary Senator Margaret Chase every other issue where we are bring- there was a time in America where Smith, Senator MIKULSKI is synony- ing justice to those who have borne the women and minorities were systemati- mous with ‘‘the special bond of trust brunt of injustice. cally excluded from these trials that, which should exist between the gov- Nowhere has her leadership been as I said, had lifesaving implications. erning and the governed.’’ She has more unmistakable, of course, or more Who would have thought that women’s ‘‘recognized injustice and acted boldly monumental than in the area of wom- health would have been the missing to quell it . . . giving a voice to the en’s health. I well recall, when I ar- page in America’s medical textbooks or voiceless . . . power to the powerless.’’ rived in the U.S. House of Representa- merely an afterthought. What Senator Margaret Chase Smith tives in 1979, I joined what was then So I, as a cochair along with Con- and Congresswoman Edith Nourse Rog- known as the Congresswomen’s Caucus gresswoman Pat Schroeder in the ers exemplified as standard bearers in on Women’s Issues, which is where I ul- House, on behalf of the caucus, and, of the last century for length of service, timately became the cochair for a bet- course, then-Senator BARBARA MIKUL- Senator MIKULSKI embodies in this cen- ter part of the decade. Senator BAR- SKI in the Senate teamed up in a close tury—that the commitment to advanc- BARA MIKULSKI, at that time being in bipartisan, bicameral collaboration to ing the common good is bound neither the House of Representatives, served in establish the groundbreaking Office of by geographic region nor political af- that caucus as well. Research on Women’s Health at the filiation but, rather, by an undaunted When I arrived in the House of Rep- National Institutes of Health so that desire to serve others. resentatives in 1979, there were only 16 never again would women be over- A consummate role model and ad- women serving in that institution. looked when it came to key clinical mired mentor, Senator MIKULSKI al- That is why the congresswomen’s cau- study trials that were underwritten by ways stands as a shining example that cus was formed, to focus on those the Federal taxpayers and Federal the robust pursuit of policy and the issues that mattered to women and to funds. In fact, Senator MIKULSKI, as I willingness to hear and consider dis- family and to children. We recognized well recall, launched the key panel of senting views are not mutually exclu- that it was our obligation and responsi- stakeholders at Bethesda to give this sive. As I have often said, Senator MI- bility to work, to focus on those issues initiative critical national attention KULSKI knows only one speed, and that because otherwise they would languish and momentum—as only she could—as is full speed ahead. But by the same on the back burner rather than being well as fundamental policy changes token, she only knows one way to gov- on the front burner. We also under- that ultimately resulted from that ern—through what she aptly referred stood that if we did not focus on these panel that reverberate to this day, re- to as the zone of civility. That ap- issues, if we did not advance these sulting as well in lifesaving medical proach, so integral to making this in- issues, no one else would. So we began discoveries for America’s women. stitution work, is indisputably one of to tackle systematically many of the That is the passion and power of Sen- the hallmark measures of Senator MI- discriminatory laws or inequities that ator MIKULSKI that has led her to this KULSKI’s longstanding success in public were embedded in Federal law that historic day. BARBARA is not about leg- life. Indeed, it is the blueprint for failed to recognize the dual role women acy, she is about problem-solving. As interaction that she has imbued in all were playing, both at home as well as somebody described it, her ideology is of us who are women serving in the in the workplace. grounded in the practical, and that is Senate. She has worked to establish a We began to work on these issues one so true. It is not only the practical but tone of respect that infuses our con- by one because there were so many giving power to the people and devel- versations, our collegiality, our col- issues across-the-board that were af- oping practical solutions in their ev- laboration. It is a personal cause to fecting women, where they were ulti- eryday lives. Senator MIKULSKI that is exemplified mately bearing the burden and the con- She is a guardian of the common by the monthly dinners for women Sen- sequences of these inequitable laws. We good, a woman who redefines the word ators that she initiated along with the did that with respect to pensions, for ‘‘trailblazer,’’ a pioneer of public pol- Senator from Texas Mrs. HUTCHISON, a example, where women discovered that icy. Senator MIKULSKI continues to tradition that has become a catalyst after their husbands died, their pen- shape the landscape of our Nation for for camaraderie and central to what sions had been canceled. the better, with a force and a might Senator MIKULSKI calls our ‘‘unbreak- We discovered it when it came to able bond.’’ family and medical leave, which took and a stature, one of the giants of pub- There has been no greater friend for us the better part of 7 years to enact lic service, not just in our time but for women who have come to serve in the that legislation. But, again, women all time. Senate, and I am sure it is a result of were bearing the burden of taking care On the occasion of Senator MIKUL- Senator MIKULSKI having arrived here of their ailing parents or their children SKI’s recordbreaking service, we con- as the second woman to serve in the at home and paying the consequences gratulate her, we salute her, and we Senate, along with the Senator from in the workplace. are honored to be able to express a pro- Kansas, Senator Kassebaum, as she Then, of course, there was the issue found appreciation for her extraor- said at the time—and that is why she we discovered of discriminatory treat- dinary and legendary tenure in the was so willing to serve as a mentor for ment in our clinical study trials. Re- Senate. other women who arrived in the Sen- grettably, at the time our National In- I yield the floor. ate, because she was only one of two stitutes of Health were actually dis- The PRESIDING OFFICER. The Sen- women who were serving in this insti- criminating against women and mi- ator from Minnesota. tution. As she said, the Senate had a norities, excluding them from clinical Mrs. KLOBUCHAR. Mr. President, I long tradition of every man for him- study trials because it was too com- come to the floor this afternoon to cel- self. She was determined, she said, that plicated to include women in these ebrate BARBARA MIKULSKI’s service to it would not be every woman for her- study trials because we were bio- this country. I had the honor of pre- self while she was in the Senate. logically different. As a result, any of siding for the last hour and heard the As my colleagues also well know, those treatments that were developed statements of so many of my col- when it comes to having an ally in the as a result of those trials could not be leagues. I heard them talk about how, legislative foxhole, there is none more applied to women. Ultimately, this when she joined this Chamber in 1986, feisty, none more formidable, and cer- could make the difference between life BARBARA MIKULSKI was the first tainly none better than Senator BAR- and death because the kinds of proce- woman elected to the Senate who was BARA MIKULSKI. I have witnessed her dures and treatments that were derived not preceded by a husband or a father,

VerDate Mar 15 2010 03:43 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.068 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1915 the first woman elected to the state- are continuing their tributes to Sen- when we were wrestling with how to wide office to serve the State of Mary- ator MIKULSKI. I have a statement that deal with security for our country. She land, and only the 16th woman to have was scheduled at 5 p.m. that will take spoke firmly and strongly in favor of served in the Senate ever. all of 10 minutes, and then I will yield firm action to defend America from at- Today she is truly the dean of women the floor at that point. I don’t know if tack. Senators. She is a mentor and a friend Members who are on the floor want to Another issue I don’t think has been to the rest of us, and she has always set establish a queue of who will follow, mentioned but is exceedingly impor- the bar high. This is a woman who took but if anyone wants to make that tant—something I have observed her on city hall as a young social worker in unanimous consent request, I see that deal with and provide leadership on for Baltimore—and won. This is a woman Senator CARPER and Senator CANTWELL some time—is space and NASA. She is who has championed landmark legisla- are here on this side, Senator COATS is one of the absolutely most knowledge- tion that has touched the lives of mil- on the other side. I don’t know if Sen- able and experienced Members of this lions on issues ranging from health ator SESSIONS is planning to speak Senate and the entire Congress in deal- care to education to civil rights. She after I have spoken on a substantive ing with the complexities and the has shattered glass ceilings, not just in matter beyond the UC request. needs of NASA and she is a champion the Senate but in the Congress as a Mr. SESSIONS. No, although I and advocate for exploration of space. whole. wouldn’t mind seizing the opportunity This is an area where America has led If that is not enough, she has even to speak about Senator MIKULSKI for a the world, and for all her time in the graced the glossy pages of Vogue maga- minute, but otherwise, if the Senator Senate, she has been a champion of ad- zine. Most of you may not have seen has no—— vocating that the United States main- the photos that were taken in front of Mr. DURBIN. Mr. President, I am tain this leadership because I think we the Capitol Building with a number of going to give a statement and make a share the view that America is a na- other women leaders, including Meryl UC request that I planned at 5 p.m. And tion of explorers. We are a nation that Streep, who was in town for a screen- if I could suggest I be followed by Sen- leads the world in exploring and it is ing of her film ‘‘The Iron Lady.’’ So I ator SESSIONS, and then Senator CAR- part of our DNA. So I appreciate her think it is fitting, to borrow a phrase PER, Senator COATS—— leadership in that particular area, as I from the Iron Lady herself, Margaret Mr. COATS. If the Senator will yield have watched her with great admira- Thatcher, who famously said, ‘‘In poli- on that, I don’t want to interrupt the tion in her activities. tics, if you want anything said, ask a tribute to Senator MIKULSKI, and I I didn’t realize this tribute would be man; if you want anything done, ask a know the Senator has some business he going on this afternoon and I didn’t woman.’’ has arranged. I will give mine another have prepared remarks, but I wish to I don’t think my male colleagues who time. You don’t have to include me in join with my colleagues to say how are here today will take offense at that the queue. I don’t want to spoil the much I appreciate her efforts. We cele- one since anyone who has ever worked party. The tribute is worthwhile, and I brate her great accomplishment in the with BARBARA MIKULSKI knows she is a will find another time to do this. Senate. I believe that as we go forward, force of nature. She may not be the Mr. DURBIN. Mr. President, I wish to we will find that on issue after issue tallest Member of the Senate, but she make an admission. I have spoken she will play a critical and a positive is certainly the most tenacious. She is about Senator MIKULSKI earlier and role in making America a better place. a tireless advocate for the people of her this is a different issue. I suggest after I thank the Chair and I yield the State, and she has a fierce and endur- Senator SESSIONS that Senator CARPER floor. ing love for those she represents. She and Senator CANTWELL follow. I ask The PRESIDING OFFICER. The Sen- knows where to pick her battles, and unanimous consent that the Senators ator from Delaware. we have seen her face some tough de- be recognized in the order I have noted. Mr. CARPER. Mr. President, I wish bates in the Senate over the past few The PRESIDING OFFICER. Without to follow my colleague from Alabama years. Whether it was working to take objection, it is so ordered. Would the and speak for just a few minutes about C-sections off lists of preexisting condi- Senator wish to request that the non- our friend and colleague, Senator MI- tions at insurance companies or fight- tribute-related portion of the discus- KULSKI, who celebrates her milestone ing to ensure equal pay for equal work sion be put in a separate place in the through her public service to the peo- for women or promoting better edu- ple of Maryland. cational opportunities for children RECORD? Mr. DURBIN. That is what I was I asked my staff to go to the Web with special needs or ensuring that our about to ask the Chair, to have permis- page for Senator MIKULSKI, her Senate troops and families receive the benefits sion that my statement not related to office, and I came across one paragraph that they have earned and that they which I wish to read to my colleagues, deserve, she has never stopped working Senator MIKULSKI be placed in a sepa- rate part of the RECORD. if I may. It says: for fairness, justice, and decency. Barbara Mikulski has never forgotten her The daughter of a smalltown grocery The PRESIDING OFFICER. Without objection, it is so ordered. roots. Throughout her career she has re- store owner, she has made strength- turned each night to her home State of Bal- (The remarks of Mr. DURBIN and Mr. ening the middle class the centerpiece timore, Maryland. From community activist of her economic agenda because, as she SESSIONS are printed in the RECORD to U.S. Senator, she has never changed her always puts it, the women in the Sen- under ‘‘Cameras in the Courtroom.’’) view that all politics is indeed local and that ate understand issues not just at the Mr. SESSIONS. Mr. President, al- her job is to serve the people in their day-to- macro level but also at the macaroni- though I do not have prepared remarks, day needs as well as prepare this country for the future. and-cheese level. I wish to join with my colleagues in When BARBARA MIKULSKI came to the making a few comments about Senator Sometimes people have come to Con- Senate 26 years ago, she lit a torch MIKULSKI. gress over the years and they come un- that has brightened the path for so Senator MIKULSKI is a great Senator. derstanding clearly that our job is to many of us, for the 16 other women She is a delight to work with, a formi- serve. Over time, somehow they lose Senators who serve today and for all dable adversary, and a formidable ally that thought a little bit and it is less the future generations of women lead- in any important debate. She is some- clear who is to be served and who is to ers who will lead our country forward. one whom all of us respect and admire. be the servant. She has never forgotten I am humbled to call her a colleague It surprises me she has been at this who the servant is. She knows she and a friend, and I am honored to cele- business so long. It doesn’t seem as came as a servant, and she will leave brate her incredible service to our though it is possible. She certainly someday as a servant—hopefully, not country today. hasn’t lost her enthusiasm for the job anytime soon. I yield the floor. and she has played an important role If we ask most people around here The PRESIDING OFFICER. The Sen- in quite a number of issues with which what are maybe one or two words that ator from Illinois. the country has had to deal. best describe BARBARA MIKULSKI, I Mr. DURBIN. Mr. President, there I remember her leadership on an im- think a lot of people would say she is a are several of my colleagues here who portant issue during the post-9/11 time, fighter. Let me just say, if someone is

VerDate Mar 15 2010 05:19 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.069 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1916 CONGRESSIONAL RECORD — SENATE March 21, 2012 an advocate for a particular cause, she I mentioned my grandfather in West nized her to 35 years of service, where is the person one wants in the foxhole Virginia. His wife, my grandmother, she has been a trailblazer on so many with them. There is no better advocate, suffered from Alzheimer’s disease. My issues. and there is no better or more able op- grandmother’s mother suffered from Many people have talked about those ponent on an issue. It is a lot better to Alzheimer’s disease. My own mother today—about being the first woman have her on your side than it is to have suffered from Alzheimer’s disease. I elected to statewide office in Mary- her against you. don’t think there is anybody in this land, the first Democratic woman to I take the train home at night. I go body who has done more to lead the serve in both Houses of Congress; the through Baltimore on my way to Wil- fight to ensure that this scourge of our first Democratic woman to sit in a mington, DE. Along the route, we go by society—and the scourge of people all Senate leadership position, and the a place called Aberdeen. Sometimes over the world—is reined in and over- first Democratic woman to be elected the train stops there; sometimes it come. When that day comes, people to the Senate in her own right. does not. We have seen Aberdeen Prov- will stand and say: I did something Throughout her career, she has faith- ing Grounds literally consolidated from about this. Nobody in this body I think fully provided a very strong voice for around the country. Much of the im- can take more credit for conquering the people of Maryland. But it is here portant research activity the Army Alzheimer’s disease and dementia than in the Senate we have all gotten to see does is at the Aberdeen Proving BARBARA MIKULSKI. BARBARA MIKULSKI, the dean of the Grounds. The person more than any- Finally, when people think of BAR- women Senators, and to see her incred- body else who has made that possible is BARA, they think of a fighter, an advo- ible work as a trailblazer on so many BARBARA MIKULSKI. It is a vast facility, cate for voluntarism, and some of the important issues. with tens of thousands of employees other things I talked about. I don’t She has been a tireless champion on who I think are mostly civilian and a know that many people think of her as issues from pay equity to increasing campus of over 100,000 acres that does an athlete, but I will say that she is access to college education, for wom- great work, helping to provide for our very a big advocate for leveling the en’s health, for women’s health care defense against all kinds of attack, for- law, and time and time again she has eign and domestic. She is a great per- playing field. She wants to make sure proven she knows how to fight on the son to have on your side in leading people not just in athletic endeavors right side of the issues. that fight. have a level playing field in which to One of the other things I love about compete, but she wants to make sure For the women of the Senate, she is an incredibly important ally. When it BARBARA is her devotion to first re- young people coming from the most sponders. There is a big national fire impoverished backgrounds have an op- comes to each of us who comes to the school in a town called Gaithersburg, portunity and have a real shot at life U.S. Senate, to find our way and to MD. She has helped make that place to get a decent education as a child, make our own mark, BARBARA MIKUL- possible to not only train folks who are the chance to go to college and to in- SKI is the Senator who is always there first responders for the people of Mary- crease their potential to not just earn with you to make sure you can achieve land, but they train as well first re- money and support their families but what you want to for the State you sponders for virtually every State in to live productive lives. Those are just represent. every corner of this Nation. People will some of the things I think about when I know for me I am very excited—my go to bed tonight knowing that if there I think of BARBARA MIKULSKI. colleague from Alabama was men- is a fire or a problem or an incident in I will close by saying she had been in tioning Senator MIKULSKI’s love of their community, it will be responded the House I think for 6 years when I ar- NASA and space exploration—in that I to, and they can thank BARBARA MI- rived in 1982, 1983, and for all the time can say Senator MIKULSKI is certainly KULSKI for helping to ensure the folks we served there together, she was al- interested also in sci-fi, and I would trained there are ready to do that. ways very encouraging of me, very sup- call her a ‘‘techie’’ Senator because she As much as anybody I know, she is a portive of me as her Delmarva buddy, certainly has shown a great deal of in- person who values service. AmeriCorps as we shared the Delmarva Peninsula. terest in technology and science. is an organization that encourages Even to this day we work together to As the Chair of the Commerce, Jus- young people—really people of all make sure we have a strong, vibrant tice, and Science Appropriations Sub- ages—to volunteer and to serve. Volun- poultry industry on the Delmarva Pe- committee, she was a key partner in teers are the ages of our pages and a ninsula. I like to say we are still Del- the funding of key science and tech- whole lot older and the ages of guys marva buddies as we look out for the nology issues, and for us in the State of like me. We all have an obligation to mutual concerns of our respective Washington, when we needed a new serve and to bring that spirit of serv- States. Doppler radar technology system, she ice, whether or not we are in public With that having been said, let me was there to help ensure that those life. yield back my time. I see Senator people who lived in coastal regions I was struck by the fact that she CANTWELL is ready to speak. My guess were going to have the appropriate pro- often opened the store as a kid, begin- is, she is going to say some more tections they needed for understanding ning a lot of her days as her dad opened things about BARBARA. But those are inclement weather. the family grocery store, early in the some things I am glad I had a chance She also has helped in prioritizing ef- morning in east Baltimore. I was born to say. forts such as the cleanup of the Chesa- in West Virginia in a town called Beck- The PRESIDING OFFICER. The Sen- peake Bay in Maryland—something we ley. I lived there for about the first 6 ator from Washington. in the Northwest relate to because we years or so of my life, but I would go Ms. CANTWELL. Mr. President, I do strive to have the same cleanup of back many summers, and I had the op- rise to celebrate the remarkable Puget Sound. portunity to work there for a super- achievements of my colleague from We have worked together on impor- market, a mom-and-pop supermarket, Maryland, Senator MIKULSKI. tant legislation, such as passing the with my own grandfather who opened Last January we celebrated an obvi- Lilly Ledbetter legislation. the store almost 6 days a week, and I ous achievement of her becoming the But it is BARBARA MIKULSKI—when it had the opportunity to see him and his longest serving female Senator. And comes to protecting women’s access to work and what he brought to that store last Saturday that milestone entered health care or standing up to any at- every day as the butcher. I think I another chapter, with her 12,858 days of tack on Medicare—who is the most ar- know more about serving by working serving the people of Maryland in Con- ticulate, the most determined, the my summers in that store than any- gress, which means she is now the long- most persevering advocate to make thing else I have ever done. I suspect est serving female Member of Congress. sure women’s issues and their cause are one of the reasons BARBARA has adopt- I know BARBARA MIKULSKI started understood in the U.S. Senate. ed and retained the spirit of a servant her career fighting for Fells Point, a I was proud to stand with her when is because of her childhood and growing particular location in the Baltimore she went up against the House plan to up and seeing her own family, her own area that she thought deserved and defund critical women’s health care ac- dad, in that particular store. needed to be protected, and that galva- cess and there was a near shutdown of

VerDate Mar 15 2010 03:43 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.074 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1917 government. As people tried to pres- She is a true champion for America’s ing job and pay taxes, and much less sure Planned Parenthood, she was seniors, preserving pensions; of Medi- likely to go to prison. It has been there to make sure we continued im- care, defending Medicare—boy, do not shown over and over that the cost-ben- portant programs such as breast cancer attack Medicare around BARBARA MI- efit is, for every $1 spent, like $16 in re- screening. KULSKI—and combating poverty. No turn. So today I join my colleagues from one works harder for quality edu- I wanted to get a hearing just on the Senate to thank her for those years cation, fighting to make sure every this. Because we were talking about of service in the U.S. Congress, both in child has a quality education, so that education, I thought this needed to be the House and the Senate. While she child can pursue the American dream. discussed, and we needed experts, may represent Maryland, we all want And she is committed to fulfilling our economists who were credible on this. to claim that we are better off as a country’s promises to our veterans, So I went to BARBARA and she, of country having BARBARA MIKULSKI in which is so important, and to increas- course, said: Oh, yeah. OK. Let’s do it. the U.S. Senate. ing community service and volunta- She is Chair of the Subcommittee on And to my colleagues—or to the rism. Children and Families. I thought that young people who are here with us on As anyone who has watched pro- would be a good place to do it, except the Senate floor—to understand this ceedings here in the Senate knows, I am not on that subcommittee. I am moment and achievement, you have to BARBARA MIKULSKI, as my colleague on the HELP Committee, which this is understand that in the whole history of from Washington stated, is the great- a subcommittee of, but I am not on our country, there have only been 39 est champion in the body for women’s that subcommittee. She said: OK, that women Senators, and a good number of health. Here is something that is pret- doesn’t matter. You come anyway. And those women Senators only served a ty amazing to understand. I want the not only that but: What witness do you few days or a few years. So the fact pages to hear this. She fought to in- want? that somebody has achieved not just a clude women in NIH clinical trials. She let me pick a witness, Art seat in the U.S. Senate but a leadership Women were not included in the Na- Rolnick, an expert in early childhood position in the U.S. Senate is an in- tional Institutes of Health clinical education—on the economics of it— credible achievement. trials until she made sure they were. who started out as an economist at the We are glad she has represented a This is hard to believe, isn’t it? But in Federal Reserve in Minneapolis and got time when women have ascended to your 16 years of life, you—at 16, you into the economic benefits of it. leadership in the U.S. Senate, where cannot conceive of this. This is how She is a true ally. She is someone she is considered one of the wise Mem- who used her resources as chairwoman bers when it comes to strategy on so backward we were. Think of what she did. That is who we are talking about of a committee to make sure some- many policy issues. thing you feel strongly about will be We are better off as a body because today. aired, will be discussed. BARBARA MIKULSKI has served with us, She has improved access for women You learn from BARBARA that what and we are looking forward to many to mammograms and cancer we do around here is not so much about more years of wisdom and, hopefully, screenings—for all women. She has policy, it is about people. For her, it is many more women Senators joining fought for women to have their own about the people of Maryland. She goes the ranks of BARBARA MIKULSKI in say over their own body and reproduc- to bat for them time and time and time their tenure. tive system. Basically what I am say- I thank the Presiding Officer and ing is, when you have BARBARA MIKUL- again. It is about kids. And it is about yield the floor. SKI on your side, you have a strong women, who often have to be both the The PRESIDING OFFICER. The Sen- voice in the U.S. Senate. breadwinner and the caregiver, and ator from Minnesota. We have heard reference to her ac- who should have every right and every Mr. FRANKEN. Mr. President, I rise complishment on the Lilly Ledbetter opportunity at work and in society today also to pay tribute to my col- Fair Pay Act. When advocating for this that men have. league, the senior Senator from Mary- bill, Senator MIKULSKI said: As both a Member of the Senate and land, BARBARA MIKULSKI. Women earn just 77 cents for every dollar as a father of a wonderful daughter, I As everyone has said, this is a land- [their] male counterparts make. Women of am enormously grateful to Senator MI- mark, this is a milestone: the longest color get paid even less. The Lilly Ledbetter KULSKI for being a tremendous role serving woman Senator and Member of Fair Pay Act will empower women to fight model to women in this country, for Congress in the history of Congress, for fair pay by once again making employers having fought her way to the Senate, serving more than 35 years. accountable for pay discrimination. I will and for proving that legislating was As a relatively junior Member of this fight on the Senate floor to get this bill not a man’s job—or only a man’s job— passed. body, I love BARBARA MIKULSKI. I love it is a man’s job too. her because she calls me ‘‘FRANKEN.’’ And the bill was passed. It was the This body is so much the richer for That is music to my ears. We are in the first bill President Obama signed in of- her, and Americans are so much better caucus lunch, I may be in her way, and fice. off as a result. But her work, our work she says: FRANKEN. Senator MIKULSKI and I share a num- is not over. Out of 100 Senators, there I am not only a relatively junior Sen- ber of passions. One of them is early are still only 17 women. Our Nation is ator, I actually kind of recently was a childhood education. Increasing early facing tremendously difficult chal- comedian at one point. And she is real- childhood education—access to it—is lenges, and having more women like ly funny—BARBARA. I remember the one of my top priorities because we Senator MIKULSKI in the room will help first time I saw her speak—it was years know over and over that the benefits of us solve those problems. I am glad she ago, years ago; I cannot remember early childhood education have been is here leading the way. what the event was—and I am going to demonstrated. And BARBARA knows With that, I would like to thank BAR- try to quote her joke. It was her joke, this. BARA for her leadership, her friendship, remember, about herself. She talked I wanted to have a hearing on just and for being such a fierce advocate. about her first campaign effort. I think the economic benefits of early child- Congratulations, BARBARA, on your it was for city council or something hood education—just the economic achievements thus far and on this like that. She said: I knocked on 7,387 benefits—because a child who has a milestone. I look forward to many doors, and I walked a total of 372 miles, quality early childhood education is years fighting alongside you. and I didn’t lose a pound. less likely to be a special ed kid, is less The PRESIDING OFFICER. The Sen- So I love BARBARA. And she is a likely to be left back a grade, has bet- ator from Rhode Island. force—a force—of nature. Being the ter health outcomes; a girl is less like- Mr. REED. Mr. President, I rise, dean of women here is not her most ly to get pregnant before she graduates along with so many colleagues, to pay commanding title. Her most com- from high school, a child is more likely tribute to Senator BARBARA MIKULSKI, manding title is: a fighter. She is a to graduate high school, more likely to an extraordinary woman and Senator, fighter. When she commits herself to a go to college, more likely to graduate someone who has become the longest cause, she is a true champion. college, more likely to get a good-pay- serving woman in the history of the

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Just this Saturday, help she has given me personally—her to 17 today—and if I can predict elec- she became the longest serving woman concern, for example, with the fishing tions, which none of us can, and we cer- in the history of the Congress, sur- community in Rhode Island, which is tainly cannot try—I think there is a passing the tenure of Edith Nourse under her jurisdiction on the Appro- good chance there will be a number of Rogers, a Republican Congresswoman priations Committee, and in other additional women in this body this from Massachusetts, who served in the ways. She has been terribly important time next year. House from 1925 to 1960. and kind to us. She was instrumental I wish to say a couple more things Senator MIKULSKI is the first female in helping us to secure funding for the about Senator MIKULSKI on a less seri- Democrat to be elected to the Senate HOPE VI project in Newport, RI, which ous note. I have been privileged to in her own right in 1986. She is a has created extraordinary beneficial serve on two committees with Senator woman of many firsts. She is indeed housing for a mix of incomes in New- MIKULSKI—one being the Health, Edu- the dean of the Senate women—I would port. It is one of the most attractive as cation, Labor, and Pensions Com- actually say a dean of the Senate, with well as one of the most stable commu- mittee. During the health care legisla- her great energy, her great eloquence, nities I think anyplace in the Nation. tion, she was so helpful to so many of and her great passion, particularly for She has been there to help us con- the causes we care about and to justice those who are often overlooked in our stantly. in this country, and on the Appropria- society. She comes at it honestly. She I could go on and on, as my col- tions Committee, where she cuts a wide was a social worker in Baltimore, help- leagues have said. I simply want to say swathe of involvement for Maryland ing at-risk children and educating sen- at this special moment in Senator MI- and this country, she champions wom- iors about Medicare before being elect- KULSKI’s career, we thank her, admire en’s health and many talked about this ed to the House of Representatives. her, respect her, and she has set a great earlier. She cares so much about the She has taken that concern for the example for us. In the days ahead, she National Institutes of Health, not just vulnerable and a particular passion for will not only continue to inspire and because it is located in Maryland but the State of Maryland forward every sustain us, she will continue to sustain because it matters so much for sci- day she has served in the House and and lead in her State. entific research, for curing a whole Senate. She has served on numerous I yield the floor. host of diseases and preventing dis- committees. She is a subcommittee The PRESIDING OFFICER. The Sen- eases, and the number of jobs NIH cre- chairperson on the Appropriations ator from Ohio. ates, not just government jobs but the Committee—Commerce-Justice- Mr. BROWN of Ohio. Mr. President, jobs that come out of commercializa- Science. She has devoted herself to some time ago, I was reading a book tion of scientific research. those issues, and many more. She about the beginnings of the interstate My State is one of the leaders; serves on the Select Committee on In- highway system in our country. I came whether the jobs come out of Cin- telligence and has been a key member across a paragraph when the highway cinnati Children’s Hospital, Southwest of the Senate Health, Education, builders and the Federal Government Hospital, and where Case Western Re- Labor, and Pensions Committee. She were going to run the interstate high- serve University is and its medical cen- has left her mark on a broad range of way through some stable middle-class, ter around Cleveland, we see that kind programs that touch each and every working-class neighborhoods of Balti- commercialization. American family. She has been par- more. The highway administration was I often call her Coach B because she ticularly active in women’s health, en- greeted by an organizer who, on behalf is someone who has been around here a suring that women were included in of citizens of this neighborhood, said long time and is always willing to ad- NIH clinical trials, where in the past this is not the place to put this high- vise newer and younger Members. She they were ignored. way. She was successful in convincing has been following, especially in my Since one cannot ignore BARBARA MI- them that the highway should go else- State, what is important, the issue of KULSKI—which is virtually impossible— where so it would not be disruptive of health care. My State has some of the she made it a reality that they cannot so many homes, well-established small leading health care institutions in ignore women in NIH clinical trials, re- businesses, and the cohesive commu- America. Also, what she has done with quiring Federal standards for nity in that part of Baltimore. The the space program—the only NASA fa- mammographies, ensuring uninsured woman who led that effort several dec- cility north of the Mason-Dixon line is women have access to screenings and ades ago was BARBARA MIKULSKI. She in Cleveland, with a satellite in San- treatment for breast and cervical can- was not yet on the city council. She dusky, NASA Glenn, named after cer. She increased research dollars for was a citizen who spoke for her neigh- former Senator and astronaut, John Alzheimer’s and enhanced the Older bors and has continued to do that as a Glenn. She has been one of the strong- Americans Act. member of the city council and then as est advocates for the space program, She has been, since her first days in a Member of the House of Representa- and science, technology, and R&D. She the House of Representatives, at the tives and for many years—31⁄2 decades— has been particularly helpful to me as forefront in advocating for better of the Senate. I fight for the kind of work NASA health care and education particularly We heard Senator REID and others Glenn does in Cleveland, and I am ap- for the most vulnerable among us. She earlier today talk about Senator MI- preciative of her for that. has been a champion of national serv- KULSKI being the first female Democrat I yield the floor, and I suggest the ab- ice, understanding that in a great to serve in both the House and Sen- sence of a quorum. country one has to contribute as well ate—to be elected to the Senate with- The PRESIDING OFFICER (Mr. BEN- as benefit. out succeeding a husband or a father NET). The clerk will call the roll. She said one of the things she is most and first to chair an Appropriations The bill clerk proceeded to call the proud of—in her words—‘‘strengthening subcommittee. Most important, she roll. the safety net for seniors by passing helped to blaze this path. In 1987, there Mr. WHITEHOUSE. Mr. President, I the Spousal Anti-Impoverishment Act. were only two female Senators. One ask unanimous consent that the order This important legislation helps keep was the daughter of a Presidential for the quorum call be rescinded. seniors from going bankrupt while pay- nominee a generation earlier, and the The PRESIDING OFFICER. Without ing for a spouse’s nursing home care.’’ other was BARBARA MIKULSKI. Today, objection, it is so ordered. That is a fitting and representative there are 17 female Members of the (The remarks of Mr. WHITEHOUSE per- example of her service. Throughout her Senate. It doesn’t look like America taining to the introduction of S. 2219 service, she has maintained national yet. There is not anything close to the are printed in today’s RECORD under priorities but has never taken her eye number of minority members as a per- ‘‘Statements on Introduced Bills and off Maryland. She commutes every centage of the population, but I hope Joint Resolutions.’’)

VerDate Mar 15 2010 05:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.078 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1919 OHIO’S COLLEGE BASKETBALL EXCELLENCE the opening weekend. Local Columbus CAMERAS IN THE COURTROOM Mr. BROWN of Ohio. Mr. President, I leaders and businesses hosted teams Mr. DURBIN. Mr. President, by this rise to talk about a new record that from St. Louis, North Carolina, Michi- time next week, the Supreme Court has been set. It has nothing to do with gan, New York, Tennessee, California, will have finished hearing oral argu- the number of votes the highway bill and Washington, DC, with their fans. ments in the case challenging the con- garnered last week in the Senate, and The city expected a $10 million im- stitutionality of the Patient Protec- it has nothing to do with length of pact on the local community, with tens tion and Affordable Care Act. How im- service of Senator MIKULSKI. of thousands of people staying at ho- portant is this Supreme Court case on For the first time in history, this tels, eating in restaurants, and enjoy- health care reform? Well, health care is year one State has four teams in the ing one of the fastest growing cities in such an important issue that Congress Sweet 16 of the NCAA Men’s Division I America, where, I might add, the Pre- spent 1 year drafting and debating a basketball tournament: Ohio. siding Officer once lived. We saw a bill that the Court is going to consider A special congratulations to the Ohio boost in tourism in northern Ohio, next week. State University, in Columbus; the where Bowling Green hosted the first Health care has been a critical issue University of Cincinnati, in Hamilton and second rounds of the NCAA wom- for so long in our country that in the County; Ohio University, in Athens, en’s basketball tournament. Organizers last century, nine different Presidents OH; and Xavier University, also in Cin- in Bowling Green said the games were have spent time, energy, and political cinnati, for their outstanding run so more than about basketball, it was capital fighting for reform. It is so im- far and making our entire State proud. about people from across the Nation portant that the Supreme Court re- I am hosting, for the fifth time, an coming to town and boosting the sales served 6 hours for oral argument over annual Ohio College President’s Con- of small businesses. the course of 3 days to consider the ference next week. We bring in 50 to 60 All the excitement and economic ac- act’s constitutionality. The last time college presidents to meet with each tivity goes to show that Ohio is a tre- the Court dedicated that kind of time other and with me and we bring in peo- mendous attraction of basketball tour- to any one case was in 1966—if I am not ple from the administration, Repub- ism and basketball talent. As the tour- mistaken, that was 46 years ago—when licans and Democrats, House and Sen- naments continue, and Ohio’s teams it considered Miranda v. Arizona. Not ate Members, who lead on higher edu- continue to win, I look forward to even the health care case is important cation issues. We bring 55 or 60 college working with our communities and our enough for the Supreme Court to jus- presidents in from Ohio for a day and a business leaders to further leverage our tify breaking its antiquated tradition half, and there are public and private assets in tourism and recreation to of allowing cameras to televise the pro- institutions, 2-year community col- help create jobs throughout our State ceedings, so the American people are leges, and 4-year colleges and univer- and to promote economic development. not going to have a chance to see and sities. They learn best practices from I thank the Presiding Officer, I yield hear these historic arguments for one another. They build relationships the floor, and I suggest the absence of themselves as they take place. that help all 55 or 60 of these college a quorum. I cannot predict the outcome of the The PRESIDING OFFICER. The Presidents to do better. case, but I can tell you what to expect clerk will call the roll. Perhaps, we will talk more about col- just outside the doors of the Supreme The legislative clerk proceeded to lege sports this year because of these Court. It is a scene we have seen over call the roll. four Ohio teams that made the Sweet Mr. DURBIN. Mr. President, I ask and over again for decades. Thousands 16. unanimous consent that the order for will gather outside the Court. Many We also know another point of ref- the quorum call be rescinded. are going to camp overnight, sleeping erence for Ohio this year was that The PRESIDING OFFICER. Without on the sidewalk in the hopes of getting March Madness started in Dayton, in objection, it is so ordered. about 1 of 200 seats available to the what has become an important tradi- Mr. DURBIN. Mr. President, I ask public. The vast majority of those tion to Miami Valley and our country. unanimous consent that following wanting to see the Supreme Court ar- This weekend, before the games start- morning business on Thursday, March gument on one of the most important ed, Dayton’s Oregon District hosted 22, the Senate resume consideration of cases of our time will be told: No, you the First Four Festival, where 15,000 H.R. 3606; that the time until 12:30 p.m. are not allowed to come inside the people crowded local restaurants and be equally divided between the two Court. We don’t have room for you. In bars, listened to live music, and leaders or their designees; that at 12:30 a democratic society that values trans- watched games on big screens. p.m., the postcloture time be consid- parency and participation, there can- A few days later, President Obama ered expired and the Senate proceed to not be any valid justification for such and British Prime Minister David Cam- votes on the following: Reed No. 1931, a powerful element of government to eron came to the same city where the Merkley No. 1844, as amended, if operate largely outside the view of the Dayton peace accords were negotiated amended, and passage of H.R. 3606, as American people. and joined the Dayton community and amended, if amended; that there be 2 For too long the American people teams from Kentucky, Mississippi, New minutes, equally divided in the usual have been prevented from observing York and Utah and their fans to watch form in between the votes; that upon open sessions of the Supreme Court. the first rounds of the NCAA Division I disposition of H.R. 3606, the Senate Except for the privileged few, the VIPs, men’s tournament at the UD Arena. then proceed to the consideration of the members of the Supreme Court bar The UD—University of Dayton—Arena the House message to accompany S. or the press, the most powerful Court now holds the national record for the 2038, the STOCK Act; that there be 4 in our land—some might argue in the number of NCAA basketball tour- minutes of debate, equally divided in world—is inaccessible to the public and nament games held in a single venue. the usual form prior to the vote on the shrouded in mystery. The business community in Dayton, motion to invoke cloture on the mo- I am pleased to stand in the Judici- one of the most active in the country— tion to concur in the House message to ary Committee with Senator GRASS- the Dayton Development Coalition— accompany S. 2038; that if cloture is in- LEY, the ranking member of the Judici- rallied together to make sure military voked on the motion to concur, that all ary Committee, asking that the Senate families from Wright-Patterson Air postcloture time be yielded back, the pass our bipartisan bill that would re- Force Base were able to attend, and motion to concur with an amendment quire televising open Supreme Court $3.5 million was pumped into the local be withdrawn, and the motion to con- proceedings. With the benefit of mod- economy, showcasing the Miami Val- cur be agreed to; that the motions to ern technology, the Supreme Court ley’s world-class tourism infrastruc- reconsider relative to the above items proceedings can be televised using un- ture of hotels, parks, entertainment, be considered made and laid upon the obtrusive cameras and the Court’s ex- and recreation. table; and that all after the first vote isting audio recording capability. Our We saw the same thing later in the be 10-minute votes. bill respects the constitutional rights week in the Arena District of Colum- The PRESIDING OFFICER. Without of the parties before the Court and re- bus, where the city hosted games on objection, it is so ordered. spects the discretion of the Justices.

VerDate Mar 15 2010 05:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.080 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1920 CONGRESSIONAL RECORD — SENATE March 21, 2012 The Court can decline to televise any dium for communicating messages and most involved concluded that the pres- proceeding where the Justices deter- ideas in modern America. It is not too ence of cameras in the Federal courts mine by a majority vote that doing so much to ask the third branch of gov- ‘‘had no effect on the administration of would violate due process rights of one ernment at the highest level to share justice.’’ or more parties. the arguments before the Court with Don’t take my word for it. Kenneth In our view—Senator GRASSLEY and the people of America. Understand, Starr, former Solicitor General and myself—this is a reasonable approach there will be hundreds of people independent counsel, supports our bill that balances the public’s need for in- present and watching this as it occurs. and said this: formation and transparency, the con- It is not confidential or private. It is This fear seems groundless . . . The idea stitutional rights of those before the only kept away from the rest of Amer- that cameras would transform the [Supreme Court, and the discretion of the Jus- ica because this Court doesn’t want Court] into ‘‘Judge Judy’’ is ludicrous. tices. America to see the proceedings. For more than 30 years State courts It is no secret that Senator GRASS- The Supreme Court is an elite insti- have broadcast their proceedings and, LEY and I have strong disagreements tution in our government. Every mem- in fact, what they found hasn’t de- about the actual law that is going to be ber of the Supreme Court went to one tracted at all from the pursuit of jus- considered by the Court. We have of two Ivy league law schools. Most of tice. Every State in our Nation permits taken to the floor many times to ex- the clerks before the Court come from all or part of the appellate court pro- plain our positions. Despite our dis- one of seven law schools. None of the ceedings to be recorded for broadcast agreement on the substance of the current Justices has run for public of- on television or streaming on the health care bill, Senator GRASSLEY and fice. None of the current Justices has Internet. Expanding access to the Su- I agree on a bipartisan basis to stand tried a death penalty case. And the preme Court by televising its pro- united in full support of S. 1945, which lawyers who appear before the Supreme ceedings should not be controversial. would finally bring transparency and Court are part of a small and exclusive Public scrutiny of the Supreme Court open access to Supreme Court pro- club. Perhaps this limited exposure is proceedings produces greater account- ceedings. why many on the Court don’t seem to ability, transparency, understanding, We are not the only Members of this fully appreciate the impact its deci- and access to the decision-making in body who believe these proceedings sions have on everyday America, and government. Congressional debates would produce greater accountability. why the American people deserve to have been fully televised for more than In past years the Cameras in the Court- have more access to the Court’s public three decades. room Act enjoyed bipartisan support. proceedings. Since the Supreme Court There are people who follow the C– The last sponsor of the act before he is the final word on constitutionality, SPAN broadcast religiously. I know. I left the Senate was Senator Arlen on issues that impact the lives of every meet them regularly. As I said in the Specter of Pennsylvania. This version American, the American people should Judiciary Committee, people will come of the bill, very similar to his own, has have full and free access to its open up to me and say: One of your col- the support of Senators CORNYN, KLO- proceedings on television. leagues looks a little bit under the BUCHAR, SCHUMER, BLUMENTHAL, GILLI- Let’s be clear about one thing: Our weather. Does he have the flu? Is he BRAND, HARKIN, and BEGICH. As Senator bill only applies to court sessions that sick? By observing C–SPAN or fol- GRASSLEY would note, Democrats and are already open to the public. Su- lowing the floor of the Senate and Republicans from both Chambers have preme Court Justices should be able to knowing each of us, they think on a written to the Supreme Court asking it consult with each other, review cases, more personal basis. They hear these to permit live televised broadcasts of and deliberate privately. No one in this statements, they listen to the debates, the health care reform arguments. bill, or otherwise, is calling for those and they feel better informed about In November, Senators BLUMENTHAL, private deliberations to be televised. I their government. Wouldn’t the same SCHUMER, and I wrote a letter to the believe that televising private delibera- apply across the street in the Supreme Chief Justice making a request to open tions or closed sessions of the Court Court? the Supreme Court for this historic ar- would cause harm to our judicial sys- Opponents of our bill say the public gument and let America hear the argu- tem. Our bill does not require that and will be misinformed because all they ments made before the Court and the I would not support that. Open sessions see are brief clips of the Court’s pro- questions asked by the Justices in open of the Court, however, where members ceedings that could be misconstrued. court. Chief Justice Roberts responded of the public are already invited to ob- As I said, this argument sounds a lot to our request last week, and it sounds serve are a different matter. They like an editorial from a few years ago, as though he sent the same letter to should be televised in real time and and it said: Senator GRASSLEY. The Chief Justice widely available. Keeping cameras out [of the Supreme informed us that the Supreme Court Some who oppose our bill say that Court] to prevent people from getting the has respectfully declined to televise the elite cadre of seasoned lawyers wrong idea is a little like removing the the health care arguments, but that with the rare opportunity to argue be- paintings from an art museum out of fear the Court would graciously offer an al- fore the highest Court in the land will that visitors might not have the art history ternative. grandstand in front of the cameras, background to appreciate them. Here is the alternative: The Court risking their professional reputations In 1986, Chief Justice Burger wrote will post the audio recordings and un- and even their clients’ cases. Some say the following words in the Supreme official transcripts to the Court’s Web that the Court’s Justices, who have Court’s Press-Enterprise Company v. site a few hours after the arguments been subjected to the most rigorous Superior Court opinion. These words are over. For that gesture, I guess we vetting process known to man and the are as true today as they were in 1986: can congratulate the U.S. Supreme most widely covered confirmation [P]eople in an open society do not demand Court for entering the radio age. Amer- hearings, will shrink from the camera’s infallibility from their institutions, but it is ica entered the radio age 90 years ago. glaring lens. I don’t buy it. The experi- difficult for them to accept what they are The Supreme Court is catching up with ence of the State and Federal courts prohibited from observing. a delayed broadcast-audio only. But I that have allowed the open proceedings The time has long since come for the think America deserves better. to be televised proves these fears are Supreme Court—for the highest Court Decisions that affect our Nation unfounded. in our land—to open its doors and should be accessible by the people who While the Federal courts of appeals allow the American people to finally are affected by those decisions and have not permitted cameras to broad- observe its proceedings. they should be produced in a way that cast all appellate proceedings, there UNANIMOUS CONSENT REQUEST—S. 1945 Americans can both see and hear. The was a 3-year pilot project in 1990 that Mr. DURBIN. Mr. President, at this day of the fireside chat is gone. The assessed the impact of cameras in the point I wish to make a unanimous con- day of radio transmissions exclusively Federal courts. Listen to what hap- sent request relative to this bill that is gone. Television—and increasingly pened as a result of the pilot program. would open the Supreme Court pro- even the Internet—is the dominant me- At the end of the day 19 of the 20 judges ceedings to be televised.

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.082 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1921 I ask unanimous consent the Senate The PRESIDING OFFICER. Objec- REMEMBERING FURMAN BISHER proceed to the consideration of Cal- tion is heard. Mr. ISAKSON. Madam President, endar No. 319, S. 1945, a bill to permit The Senator from Alabama. this past weekend, Georgia lost a great the televising of Supreme Court pro- Mr. SESSIONS. Mr. President, I ask citizen. Furman Bisher died in Fay- ceedings; that the bill be read a third unanimous consent that the Senate etteville, GA, on Sunday afternoon of a time and passed; and the motion to re- proceed to the immediate consider- tragic heart attack. He was the pre- consider be laid upon the table with no ation of Calendar No. 247, S. 671; that mier sports writer in the United States intervening action or debate. the committee-reported amendment to of America, covered every Super Bowl, The PRESIDING OFFICER. Is there S. 671 be agreed to, and the bill, as every Masters, was at every major objection? amended, be read a third time and heavyweight fight. Mr. SESSIONS. Mr. President, re- passed. serving the right to object, I want to From the day he started on his Royal The PRESIDING OFFICER. Is there manual typewriter until the day he congratulate my colleague Senator objection? DURBIN for his able articulation of his died, he typed on that same manual Mr. DURBIN. Reserving the right to typewriter that was over 60 years old. view. This is a matter that the Senate object, it is my understanding the Ju- and the Congress has considered for He was a brilliant writer, a compas- diciary Committee staff has been work- sionate individual, a great friend, and quite a number of years. It has not de- ing on a package of important Judici- cided to take this step to direct a co- someone I looked up to very much. He ary Committee bills, including the was a pacesetter. He actually got the equal branch of government on how to ESSIONS has asked very bill Senator S only interview of Shoeless Joe Jackson conduct their business, and I don’t unanimous consent to move to—a bill ever done by a reporter. He did it be- think we should. So I think it would be which I quite likely will support. cause of his cunning ability to be in inappropriate to pass this on a UC Would the Senator be willing to mod- the right place at the right time, and without a full debate and discussion ify his request to include the passage of that twinkle in his eye that always and a full vote on it. other bills which are part of that pack- made you want to take to Furman So I would say that. age and have similarly important ele- Also, I would note the Justices have Bisher. ments to them in terms of keeping opposed this policy. I think we have a So as on the floor of the Senate America safe? They include the fol- duty to respect the coequal branch of today I pay tribute to Furman and his lowing: Calendar No. 246, S. 1792, the our government. They feel as though it life, to all of his accomplishments in Strengthening Investigations of Sex would impact adversely the tenor and terms of the writing of sports in our Offenders and Missing Children Act; tone of the oral arguments. The Jus- State and around the world. To his Calendar No. 233, S. 1793, the Investiga- tices would also have to feel a burden family and loved ones, I extend my tive Assistance for Violent Crimes Act; and explain why they are asking a sympathy on behalf of not just myself and discharging the Judiciary Com- question, perhaps citing a case by but all of the citizens of Georgia. name that all the lawyers would know mittee from further consideration of S. f but having to explain to nonlawyers 1696, the Dale Long Public Safety Offi- now what is on their minds as a part of cers’ Benefits Improvements Act; IRISH E3 VISA BILL agreeing to a substitute amendment their process of questioning. So I think Mr. DURBIN. Mr. President, yester- that is a factor. which is at the desk, and passing the bill, as amended? day afternoon I had the honor of at- I would also note it raises constitu- tending the annual Speaker’s Lunch- tional questions. Why would we want The PRESIDING OFFICER. Does the Senator so modify his request? eon celebrating the long and enduring to push to the limit and perhaps push partnership between the Irish and over the limit and try to dictate to a Mr. SESSIONS. Mr. President, I ap- American people. Among the guests of coequal branch how to conduct the ad- preciate the suggestion by the Senator honor were the President and Vice judicative process? Not the political from Illinois, as I believe I will be able President and Irish Prime Minister process; we are the political branch. to support all those bills, but I have in- Enda Kenny. And this past Saturday, Theirs is the nonpolitical branch, formation that Senators on our side St. Patrick’s Day, I joined Prime Min- where Justices are given lifetime ten- oppose or have objections to two of ister Kenny, Illinois Governor Pat ure so as to insulate them from pres- them and would like to offer amend- Quinn and Chicago Mayor Rahm Em- sure and to allow them to dispassion- ments or modify them. So I am not manuel to march in Chicago’s annual ately decide complex issues. I would able to agree on behalf of colleagues St. Patrick’s Day parade. As one of the also note that in terms of what is said that all the bills would be passed as and how an argument goes, there is no written. 40 million Americans of Irish descent, difference, I suppose, between that and Mr. DURBIN. Mr. President, until the the chance to celebrate St. Patrick’s what goes on in chambers when the time comes—and I hope it is soon— Day with the Prime Minister of Ireland Justices meet in private and talk about when we can reach an agreement on all twice in 4 days is a rare joy. what issues are before the Court and four bills, I will object to moving one At the parade on Saturday, Prime how they should be decided. bill in the package. Minister Kenny hailed Chicago as ‘‘the What is important in the adjudica- The PRESIDING OFFICER. Objec- most American of American cities.’’ It tive branch? What is the criteria and tion is heard. is also the most Irish of American cit- the fundamental essence of a judicial The Senator from Alabama. ies, home to the largest population of proceeding? Ultimately, it is the judg- Mr. SESSIONS. Mr. President, I Irish-Americans in the United States. ment. The judgment speaks. The argu- would note that the Presiding Officer is On St. Patrick’s Day in Chicago, the ments don’t speak. The in camera dis- a cosponsor with myself of S. 1792, the river and the beer both run green and cussions don’t speak. The judgment Strengthening Investigations of Sex it seems that everyone is Irish either itself represents the opinion of the Offenders and Missing Children Act of by heritage or simply by osmosis. Court. It is the law and the defining 2011, and perhaps we will be able to There is good reason that Americans process. make that work sooner or later. I am of all backgrounds embrace St. Pat- I appreciate very much the work of sure we will. rick’s Day with such enthusiasm. From my esteemed colleague. I know he f our earliest days as a nation, America loves the law; we both do. He believes and Ireland and America have been this would improve justice in America. MORNING BUSINESS united by unbreakable bonds of friend- I can’t conclude that to be correct. I Mr. DURBIN. Mr. President, I ask ship and family and by a shared com- believe Justices should be given the re- unanimous consent that the Senate mitment to liberty and freedom. sponsibility to conduct their branch proceed to a period of morning business In fact, there might not be a United consistent with their best judgment of with Senators permitted to speak States of America were it not for the how do to it. Therefore, I object. I therein for up to 10 minutes each. Irish. That is not just my opinion. That thank and respect my colleague for his The PRESIDING OFFICER. Without was the assessment of General George different opinion. objection, it is so ordered. Washington and of Britain’s Lord

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.083 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1922 CONGRESSIONAL RECORD — SENATE March 21, 2012 Mountjoy, who, in a speech to Par- land’s economy will recover from its Senator SESSIONS: In the spirit of love, I liament declared plainly, ‘‘We have current difficulties. But with Irish emi- pray that everything we do and say from this lost America through the Irish.’’ gration higher than it has been in dec- head table and from around each table would The largest ethnic group to sign the ades, it is in the interests of both Ire- be pleasing to you. Thank you for the good food and fellowship we enjoy at this break- Declaration of Independence were land and America that we act now, fast and may your Spirit fill this great hall, those with Irish roots, Charles Dunlop without delay, to create a fair and Amen. of County Tyrone printed the first cop- legal way for Irish citizens to work MARK and I and many, many others have ies, and the first man to read it before temporarily in America. been working on, and praying for, this re- Congress was Charles Thomson of Twenty-nine years ago, Speaker Tip markable breakfast for months now and we Derry, Secretary of the Continental O’Neill hosted the first St. Patrick’s are all excited to share it with you. I think Congress. When the Continental Con- Day luncheon in Congress. His special we have all had two different experiences of gress was in desperate need of finances, what can happen when we bring faith into guest at that first Speaker’s St. Pat- the world of government and business. Some- supporters in Dublin, Cork, and other rick’s Day Luncheon was another Irish times it creates conflict and when we look at Irish cities took up collections to help American leader who said, when he vis- our planet’s history, even wars. But at other the struggling new nation. Irish-born ited Ireland, ‘‘Today I come back to times, more often really, true faith can be a generals ranked among Washington’s you as a descendant of people who were reconciling force of amazing power, a power most trusted officers and Irish soldiers buried here in pauper’s graves.’’ that can make an entire society better. As formed the backbone of Washington’s That special guest was President Ambassador Andrew Young said last night at army. At Valley Forge, it is estimated Ronald Reagan and that first Speaker’s the Southeastern dinner, the civil rights that almost half the army was Irish. movement, the non-violent movement that Luncheon was arranged to try to ease overcame bigotry and hatred in a way that In the more than 2 centuries since tensions between the two leaders, who could not have been done any other way, was then, America has been enriched im- embodied very different political tradi- done in the Spirit of Jesus. measurably by the contributions of the tions, but who shared a love of Ireland We all have somewhat different religious Irish and Irish-Americans in every field and of their Irish heritage. histories. In my faith walk as I studied the and every walk of life. The plan worked. While Ronald life of Jesus, it seems His approach was al- Twenty American Presidents—nearly Reagan and Tip O’Neill never did see ways to see the people who are considered to be outsiders, or who had withdrawn, He tried half—can trace their lineage to Ireland, eye-to-eye on politics, they formed a from George Washington to Barack to bring them all in. All those lepers, Sa- respectful relationship that enabled maritans and disabled people and poor people Obama of the Kearneys of Moneygall. them to work together in America’s in- and folks like the woman at the well—they And the contributions go both ways. terest. So I ask our Republican friends: had been pushed out, or had withdrawn, but Just as the sons of Erin helped make Let us walk in the footsteps of Ronald Jesus brought them in. I think that is the George Washington America’s first Reagan and Tip O’Neill and work to- kind of approach we want to embrace in this President, it was a son of America, gether to pass the Irish E3 visa bill this breakfast and everything that flows out of Brooklyn-born Eamonn deValera, who, year. it. We want to bring everyone in and to be in in 1921, became the first president of a harmony with God’s will and to share in f God’s love. free Ireland. Senator PRYOR: Senators have been meet- In December, Senators SCHUMER, 60TH NATIONAL PRAYER ing in a breakfast group for over six decades LEAHY and I introduced an amendment BREAKFAST now. As friends, we gather to pray every that recognizes the special relationship Mr. SESSIONS. Mr. President, on be- Wednesday when the Senate is in session. To give you a picture of how long that group has between the United States and Ireland. half of Senator PRYOR and myself, I Our Irish E3 visa amendment would been in existence, the Senate breakfast ask unanimous consent that the tran- group has met about one time for every per- allow a small number of Irish citizens— script of the 60th Annual National 10,500 a year—to work in America for 2 son in this room. We come together to pray Prayer Breakfast be printed in the for each other and work for the Senate and years, pay taxes and contribute to So- RECORD. of course for the country. Once a year we in- cial Security. There being no objection, the mate- vite you all into the fellowship together to Our proposal is an amendment to the rial was ordered to be printed in the pray for world leaders and especially for our Fairness for High-Skilled Immigrants RECORD, as follows: President. Act, which passed the House last No- Some of you have heard that things can be Senator MARK PRYOR: Good morning. vember with overwhelming bipartisan better in Congress and that is true. I think a Thank you all for being here. It’s great to good place to start would be to remember support. Shortly after we introduced have you here. I want to thank all of you for our amendment, my colleague from Il- just a few simple, yet powerful words. Love making your way to this very special event one another as I have loved you. Forgive and linois, Senator KIRK, and Senator in the life of our country and our world. We you will be forgiven. Love your enemies and BROWN of Massachusetts introduced a invited you, and you came, and we appre- pray for those who persecute you. We don’t similar measure. ciate it. When I say ‘‘we’’ I mean co-chair need a constitutional amendment or some Our proposal is a common-sense JEFF SESSIONS of Alabama and many of the big Congressional reform, we just need to measure that would improve the fair- members of the U.S. Congress who are the start acting better and Jesus gives us the ness and efficiency of our immigration real life hosts of this breakfast this morning. place to start. It’s simple but it’s hard. We On behalf of all of us, the House and the Sen- need to love and pray for people who disagree system and further strengthen Amer- ate members, we certainly want to say ica’s special relationship with Ireland, with us. We hope you will be loving and be thank you for joining us here this morning praying for us and with us this morning in a nation to which we owe so much. and thank you for praying and for building this special time today and when you return Our proposal has the support of the friendships and to try to make this a better home. Ancient Order of Hibernians, the Irish world. I have a letter from a very special friend of Lobby for Immigration Reform, Chi- Senator JEFF SESSIONS: As with all our ours and he writes to the folks who are at- cago Celts for Immigration Reform Prayer Breakfasts over the last six decades, tending the National Prayer Breakfast. headed by my friend Billy Lawless of we are gathering in the Spirit of Jesus of Letter from Rev. Billy Graham read by Nazareth. He was open, curious, compas- Chicago, and many other organiza- Senator PRYOR: sionate, inclusive and humble—a good exam- I want to convey my personal greetings to tions. ple for all of us in public life and for all of us each of you assembled this morning for the All 53 Democratic Senators—a solid living anywhere for that matter. He was lov- National Prayer Breakfast. I miss being with majority of this Senate—have also ing, in a word, and that is the way to de- you all, having been a part of this annual pledged their support for our proposal. scribe the spirit in which we attempt to event sponsored by the House and Senate Despite this broad support inside and gather in today. prayer group since the very beginning, often outside of Congress, at this time there Senator PRYOR: Let us just join together in as a speaker. Though age and health prevent is an objection on the Republican side the spirit of reverent prayer: God of the uni- me from being there in person, I am with you verse and of each and every one of us, we in spirit and you are in my heart. to passing our bill. welcome your presence, your truth and your I want to say a special word of encourage- We want to work with our Repub- love to our event. Bless us we pray with the ment to the many friends meeting today lican colleagues to break this impasse change of heart and change of mind we all from across the country and across the and create the Irish E3 visas this year. need today. We love you and we want to draw world, especially President Obama and his As Prime Minister Kenny has said, Ire- near to you this morning. wife Michelle and Vice President JOSEPH

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BIDEN and his wife Jill for whom I pray every We are also joined by our colleague, Dr. ant David, my father. When he lived his life day as the Scriptures command us to do. The TOM COBURN who passionately represents the before you in faithfulness and uprightness National Prayer Breakfast is one of the most people of Oklahoma and the Senate. He will and in integrity of heart, you have continued amazing gatherings as people from most of give us a reading from the Scriptures. If you this most faithful love to him by allowing the nations of the world, representing every know TOM, you know that his faith impacts his son to sit on the throne today. Now my race, color, creed, religion and political af- his life, and we all know that. Next, I have God, you have made me your servant king in filiation, or none, come together in the name the honor and privilege of introducing my succession to David, my father. of Jesus to focus on his teachings and follow wife, Mrs. Mary Sessions, my partner for 42 ‘‘But I am a very young man, unskilled in his example of how to live and love each years who has enabled me to be able to serve, leadership and here is your servant sur- other. and has provided us with three children and rounded by your people whom you have cho- Throughout my ministry spanning more five grandchildren. sen, of people so numerous that its number than 60 years, I have tried to lift up the We are very grateful once again to wel- cannot be counted or reckoned.’’ So Solomon name of Jesus to audiences and individuals come the First Lady of the United States, said, ‘‘give your servant a heart to under- in many of the countries you represent today Michelle Obama. None of us can even imag- stand how to govern your people, how to dis- against the backdrop of polarization in our ine the burdens that you carry as the spouse cern between good and evil, for how could nation this election year and the tensions and the leader of our nation. We thank you one otherwise govern such a great people as across the globe due to war, disease, poverty and pray for you and honor your work on the yours?’’ It pleased God that Solomon should and other problems. I pray that foundation behalf of the health of our nation’s children have asked for this. ‘‘Since you have asked of unity you embody around the person of and all Americans. for this,’’ God said, ‘‘and not asked for long Jesus may be an example to the world and a Senator PRYOR: Mr. President, did you life for yourself or riches or vengeance upon catalyst for peace, freedom and reconcili- hear the little thing about the national your enemies, but have asked for discerning ation as each of us discovers in our own championship? This year it was Alabama, judgment for yourself here and now, I do hearts the love and forgiveness He offers to last year it was Auburn, it never stops. You what you ask. I give you wisdom and under- those who seek and turn to him in repent- see what I have to put up with? standing as no one has ever had before and ance and faith. May God richly bless your What most people don’t fully realize is no one will have after you.’’ The whole world time of fellowship and inspiration this morn- that the government is a team sport. We are sought audience with Solomon to know the ing. And may the Lord give each of you a all thankful to have our tireless and pas- wisdom God had put in his heart. special sense of the Spirit as you pray to- sionate Vice President running all over the May our message from this reading be that gether and pray in Jesus’ name, signed Billy country and all over the world to accomplish we have the humility to ask God for what Graham. our country’s most important work, Vice pleases him so that we can do his work. ESSIONS Senator S : Jesus said that if we had President JOE BIDEN. Amen. faith as small as a mustard seed, we could The next person I want to introduce is my Representative PAUL BROUN: Good morn- move mountains. We experience a similar wife, Jill Pryor, the best person in the world. ing. I am Dr. PAUL BROUN. I am a physician miracle when we hear the size of the voice You have already met Jackie Evancho. She and a Representative from the 10th Congres- that comes out of the relatively small body is going to sing one more song in a few min- sional District in Georgia, and a Republican. of our singer, Jackie Evancho. She is eleven. utes but I think after that she has to leave And this is my friend, MIKE MCINTYRE. As God has given her an extraordinary gift and here and go study for a spelling test. Sitting Senator PRYOR just told you, he is a black we are thrilled she is here to share it with next to her is her mother, the proudest belt so I am going to be careful with what I us. Please welcome Jackie Evancho. mother in the room, Mrs. Lisa Evancho. am going to say about him. He is a Demo- Song ‘‘To Believe’’, sung by Miss Jackie Thank you both for being here. crat, a blue dog Democrat, who represents Evancho Shortly we are going to hear a greeting North Carolina. Senator PRYOR: Wow, thank you Jackie. from our counterparts who lead the House I am also a member of the Gideons, so if That was phenomenal. Thank you so much. prayer breakfast group. They make those of you didn’t have a Bible in your hotel room, We have quite the head table here. We have us at the head table feel extra safe because please let me know and we will be sure to get the runner up to America’s Got Talent, the one is a doctor and the other is a black belt you one. In fact, I am a Gideon because it winner of the Heisman Trophy, the winner of in Tae Kwando. One kind of tears you up and was a Gideon Bible that led me to the Lord. the Nobel Prize and the most powerful one tears you down, namely Congressman I accepted Him as my Lord and Savior some woman in American history, so thank you MACINTYRE of North Carolina and Congress- time ago. We thank you for coming to the all for being here. ROUN Senator SESSIONS: Pretty impressive but man B of Georgia. Thank you for being breakfast today, especially our honored when we come before God, all the fancy ti- here. guests from all around the world. We are up tles are brought down and the humble reg- One of the people in the room who needs no here to bring greetings from our weekly Con- ular people are raised up. We are all equally introduction is Minority Leader NANCY gressional House breakfast group and to give of value before our Creator. Allow me to in- PELOSI. We thank her for her inspiring serv- you a bit of a sense of what goes on there. troduce some of our presenters who will ice to the country and her support for the We pray, we study the Scriptures, we share come to the podium when their turn arises. prayer breakfast over the years. We look for- our family struggles and needs and our per- As a Senator representing the national ward to the Scripture that she is about to sonal needs. We even try to sing sometimes. champion Alabama—I never get tired of slip- read. Madam Leader. We call it the best hour of the week because ping that in—I get to introduce the football Representative NANCY PELOSI: Thank you it absolutely is. It is where Democrats and player. We are proud to have a Baylor Bear very much to Senator PRYOR for the invita- Republicans can come together, put politics with us, Mr. Robert Griffin III, RG3, the win- tion to read from the Holy Scriptures this aside, put partisanship aside. And we are just ner of the 2011 Heisman Trophy. He excelled morning. Let us all be grateful for the fel- personal friends, brothers and sisters in at finishing drives and games so we have lowship that brings us all together with our Christ. And we worship our God together. asked him to do our closing prayer. President of the United States and the First Over 25 years ago Jesus Christ changed my We always honor our nation’s military Lady, the Vice President—who said after life when I accepted him as my personal Lord each year by asking one of their own to be a Jackie finished singing, ‘‘now I know how and Savior. He gave me not only a personal part of the program. Today we are proud to the angels sound, so beautiful’’—the fellow- peace but he gave me a purpose in my life to have Colonel Kelly Martin, an active duty ship that brings us together as colleagues, serve him and to live for him. There is no Air Force officer who serves in the oper- our international guests and of course most rule that says I have to check my faith when ations directorate of the Joint Staff at the of all our men and women in uniform who I go through the doors of the House cham- Pentagon. During her career as a pilot, she give us the opportunity to exercise freely our bers. I could not do that if I wanted to. I am did countless in-flight refueling, so she faith. always eager to talk about what God has knows a thing or two about prayer. She will I am honored for the opportunity to read done for me and in my life and how he has lead us in a prayer for American national from the Holy Scriptures, from the Old Tes- changed me, how he saved me and made me leaders. tament. When I was asked by Senator PRYOR a child of God. I am thankful for our House Next is Congressman and Dr. PAUL BROUN to do so, I went right to Solomon. We all group. The people who founded the United from Georgia. Both he and Congressman know over the ages that King Solomon has States were people who prayed, they knew MCINTYRE lead the House breakfast group. been recognized for his great wisdom, but it the Scriptures. It is good for the whole na- Every ship has an anchor and in our Senate is really important to note that his wisdom tion to follow their example in honoring the breakfast prayer group, Senator DANIEL sprang from humility, and that must be our God that created each and every one of us AKAKA of Hawaii has been our anchor for prayer. Solomon’s prayer is heralded in at and his Son who died for us all. many years. We are going to miss him when least two books of the Bible, the Second Representative MIKE MCINTYRE: Thank you he retires. We have asked him to say our Book of Chronicles and the First Book of Paul. I am MIKE MCINTYRE. Serving in Con- prayer for world leaders. I have not known Kings. A reading from the First Book of gress is a great privilege but it is also a tre- anyone, from Alabama or elsewhere, who has Kings: mendous challenge. I am very thankful that better lived their life in the Spirit of Jesus God appeared to Solomon in a dream dur- I get to meet with my colleagues from both than has DANNY AKAKA. DANNY, thank you ing the night. God said, ‘‘ask what you would sides of the aisle to come together in our for all you do to make the Senate and our like me to give to you.’’ Solomon replied, breakfast group where we can share heart to government and nation a better place. ‘‘You showed most faithful love to your serv- heart.

VerDate Mar 15 2010 05:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.002 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1924 CONGRESSIONAL RECORD — SENATE March 21, 2012 Washington, D.C. usually focuses just on Jesus said to him, ‘‘you shall love the Lord a member of the elite one per cent, I cannot the surface, on the labels and where you your God with all your heart, with all your afford this. come from and who you are supposed to be soul and with all your mind.’’ This is the We joke, but I know who puts this event identified with. Our weekly group allows us first and the greatest commandment and the on. They are a highly secret, indeed a nefar- to go deeper and to build friendships. I also second is like it, that you should love your ious organization. They call themselves ‘‘the want to tell you about a new tradition. Dur- neighbor as yourself. On these two com- family.’’ You see, the family not only runs ing the first vote of each week on Monday or mandments hang the law and the prophets. A this event, they run everything that is hap- Tuesday night, depending on when we go new commandment I give to you that you pening in the world. We, and of course I into session, several House members step love one another as I have loved you, that mean the President and I most specifically, across the hall in room 219 and leave labels you also love one another. This is my com- are all their puppets. The President knows at the door and pray like Solomon of the Old mandment to you that you love one another what I mean. He cannot admit this publicly, Testament for wisdom for that week so that as I have loved you, greater love has no one obviously, but appearing here this morning we will make the right decisions. than this than to lay down ones life for his we are simply doing their bidding. Every When I am back in my district, I often friends. U.S. President has been elected by them ex- have people come up to me and express con- The power of love is manifested in the sub- cept for Warren G. Harding. No one knows cerns or complain about Washington, D.C. tleness and the happiness of our heart be- how Warren Harding was able to buck that Can you imagine that? They will go on for 30 cause as we give love and sacrificial love, trend but we know that he paid dearly for it, minutes and usually after I have listened that is the only way, our lives are truly ful- most notably by being saddled with the carefully to all that they are saying, I will filled, by giving away our life. We have great name Warren G. Harding. say: ‘‘Would you pray for us that we will examples of that in our military, in our lead- I am not a politician so when I see a dais make the right decisions; if it’s that impor- ers as they sacrifice their life and time and like this, I immediately think of those won- tant to you or to your family or to your families, but the fact is, we are commanded derful Dean Martin roasts from the 70’s. business or to your school or our country, to do that. May God bless the reading of his That was my favorite show next to Sanford would you take the time to pray for us that Word. and Son. I am being honest with you now and we will make the right decision?’’ I have Senator DANIEL AKAKA: Let me add my forgive me if I pretend that I am up here never had anybody refuse to do that when I aloha and welcome to all of you gathered with Ruth Buzzi, Bob Hope, Jimmy Stewart, have asked them. Like Nehemiah in the Old here at the 60th National Prayer Breakfast. Red Buttons, Charlie Callas, Foster Brooks Testament, we want to build a wall of prayer Let us pray. Holy, holy, holy, Lord God of and Rich Little. I am being honest, that is around our nation’s capital. You can put a hosts, heaven and earth are filled with your who I wish were up here. And to those of you stone or a brick in that wall of prayer if you glory. We come to you to pray for world who are actually up here, I apologize from would take five minutes each week to join us leaders. Give them your wisdom to deal with the bottom of Don Rickles’ heart, I am in prayer, and you could choose the time. If the challenging problems of our time; may sorry. you go to the Congressional Prayer Caucus’ your Spirit rest upon them as they seek to Okay, it is a National Prayer Breakfast, website and say, ‘‘You know what, Mike, I empower people to lead quiet and peaceful maybe we should get serious and say some- will pray for you and for our President and lives in all Godliness and honesty. Send out thing about prayer . . . nah. Okay, seriously all our leaders at all levels of government.’’ your light and lead our world leaders with though, what is prayer? The real question is It is that important. Because you see, the your truth. Bring them through strife and what is prayer? Prayer is real faith in God, true source of power is not found in the halls warfare to lasting peace, uniting them for it is not phony religiosity. It is not, ‘oh of Congress or in the Oval Office of the West the glory of your name. As they put aside wouldst thou who art sovereign of the uni- Wing or in the chambers of the Supreme selfish ambition, make them instruments of verse take this arcane verbiage as evidence Court. It is found when we are on our knees your will to carry out your purposes in our that we believe that thou art an old fash- ioned and unpleasant and easily annoyed and before the throne of grace, before all mighty world. We pray this in your sovereign name, even cranky deity, and that to get thy mag- God asking for his help. Would you please amen. nificent attention and so as not to annoy join us in that effort? That is something you Senator PRYOR: When we take the long can do that would go beyond today. I think view of history, it is pretty clear that ideas thee, we must needs employ wooden and ar- you will agree that our country is worth it. are more powerful than money or guns or chaic and religious sounding language.’ That, my friends, is not prayer. That is, to God bless you all and thank you very much. even governments. So if we follow that logic, use the current terminology, a lot of pious Colonel Kelly Martin, U.S.A.F.: Please join ideas about God would be the most powerful baloney. Who said that, I believe it was me now in a prayer for our national leaders. of all. One of the most precious resources of NANCY PELOSI? It was someone on the couch, Lord, it is with a humble heart that we come the community of faith are those women and but I can’t remember. But the point is, pious before you today and ask for a special meas- men who help us think deeply and clearly baloney is not prayer, it is not faith in the ure of grace and wisdom to be given to the about God, about truth and about responsi- God of Scripture. Imagine talking to Jesus men and women who lead our nation. For bility. Eric Metaxas has been a friend of this that way—he would almost laugh at you. you know that it is the fear of the Lord that breakfast for many years, so let that be a Imagine if we talked to him that way. Pray- is the beginning of wisdom and under- warning to all of you, if you come too often, er is from the heart. We don’t try to fool God standing. And it is by your grace and love we may ask you to speak. He has written two with phony religiosity. Adam and Eve tried that you arm us with the strength and guide New York Times best sellers, 30 children’s that with a fig leaf once that did not go so our steps towards what is perfect. Leadership books, has been part of the Veggie Tale se- well. is not easy and good leadership is rare and of ries, and he has also debated the existence of And this gets to my theme this morning— great value, but great leadership comes only God in academic settings all over the world. the difference between religion or religiosity from you. Throughout our nation’s history, I first became aware of him through his and real faith in God. We all know people you have blessed us with a legacy of leaders book, ‘‘Amazing Grace,’’ about William Wil- who go to church but who do not show the who served with excellence and we are grate- berforce whose life makes a great guide book love of Jesus. We know people who know ful that this blessing continues today. Thank for anyone who is serving in government. I Scripture but sometimes use it as a weapon. you for each and every one of our leaders and just finished another book of his, about an- Real prayer and real faith is not religious, it their willingness to serve our nation, its’ other great public role model, ‘‘Dietrich is from the heart. It is honest, it is real. I people, and, ultimately, to serve you. I ask Bonhoeffer: Pastor, Martyr, Prophet, Spy’’. have had the privilege of writing about two that in the heat of battle, you give our lead- Ladies and gentlemen, Eric Metaxas. men, Wilberforce and Bonhoeffer, whose lives ers clarity of mind and the courage to make Mr. Eric Metaxas: Good morning to all of illustrate the difference between what mere right decisions especially when it is not con- you, honored guests from around the world, religiosity and actually knowing what serv- venient or expedient. Give them the faith to from this great nation, mostly to our Presi- ing God is. Let me first quickly tell you per- always seek you, a hope that will always sus- dent and First Lady. What an honor to be sonally how I came to see the difference be- tain them and, most importantly, give them here. Now, I have to ask, I want to know how tween these two utterly different things. a love that will unite them. We ask that you many people are here if you don’t mind, just First of all, I am the son of European im- bless our leaders, protect and watch over indulge me, would you raise your hand if you migrants who met in an English class in New them, give them a peace that passes under- are here and I just want to get a quick . . . York City in 1956. And I thank the Lord that standing; bless their families and continue to okay, well that was four. All right, well they my parents are in the room this morning. bless the United States of America. I pray said four thousand. My dad is Greek, hence my surname, this in your Son’s name, amen. Let me just say up front, I am not a morn- Metaxas. My mom is German, hence my deep Senator TOM COBURN: Good morning. I ing person but it is nonetheless an honor to love for Siegfried and Roy. Now, when you have the privilege of reading from the New speak at this august extraordinarily early have one Greek parent, you are raised Greek, Testament Scriptures. The passage that I gathering. I know it is an august gathering forget about the German stuff. Greeks be- want to read today has to do with the most because they charged 175 dollars for break- lieve that being Greek is the most important powerful force the world has ever known, fast. I don’t want to start out by being nega- thing in the world. Now I am 50 per cent love. In this room, we have people from well tive but I think there may be some kind of Greek but I have always tried to be more over 100 different countries, all colors, all as- money laundering thing kind of happening than 50 per cent Greek but I have never been pects of faith and maybe from a few different here. I am speaking truth to power people, able to break the fifty per cent barrier, a lit- points of view. the price gauging, it needs to stop. Even as tle bit like brother Mitt.

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.002 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1925 I grew up of course in the Greek Orthodox part of the reason is that I had rejected a wrote a biography about Wilberforce and ev- Church. I was an altar boy and had a mod- phony religious idea of God. Not God as he erywhere I go talking about Wilberforce peo- icum of faith, a mostly nominal, cultural really is because when I encountered God as ple would say to me, ‘‘who are you going to faith. I thought of myself as a Christian but he really is, I knew that is what my heart is write about next? Who are you going to then I went to Yale University. Of course, it longing for. That is the answer. He is the an- write about next?’’ Some people asked me is the dream come true for every son of swer to my pain and all my questions. He is about ‘‘whom will you next write?’’ As a working class European immigrants. But the real and He loves me despite everything I Yale English major, I want to recommend reality is that Yale, and most of our other have done. He is not some moral code. He is the word whom. If English is your first lan- universities but especially Yale, is a very not some energy force. He is alive. He is a guage, you may want to use the word whom. secular place, aggressively secular. What lit- person. He knows everything about me and You can get it free as an app on your iPhone, tle modicum of faith I had was seriously about you. He knows my story; He knows you just download it. You use it as much as challenged. The idea of God really is ignored your story, every detail. He knows your you want. ‘‘Eric, about whom will you next or even sneered at. By the time I graduated deepest fears. He knows the terrible selfish write?’’ And I thought well, there is only one I was quite sure that it was wrong to be seri- things you have done that have hurt others person besides Wilberforce, only one about ous about the Bible or to take Jesus seri- and He still loves you. And He knows the whom I would write if I were to write a sec- ously, that it was hopelessly parochial and hurt that others have caused you. He knows ond biography. I remembered Bonhoeffer and divisive. I was not sure what was supposed to us. He is alive. He is not a joy killing bum- I did write that book. And I have to tell you, replace it but I was confused. I guess I was mer or some moralistic church lady. He is nobody is more shocked by the reception of lost. I wanted to be a writer. I was not ter- the most wonderful person, capital ‘‘P’’, the book than I. No one is more grateful to ribly successful. I floundered and then I imaginable. In fact, his name is Wonderful. the Lord for the people who are reading and drifted, then I floundered some more, then I Now, who would reject that? talking about this book. I know that it was drifted and floundered together, which you So at that point, I realized everything I re- read even by President George W. Bush who think is easy. jected about God was actually not God. It is intellectually incurious as we have all Eventually things got so bad I moved back was just dead religion. It was phoniness. It read. He read the book. No pressure. [Hands in with my parents, which I do not rec- was people who go to church and do not show President Obama a book.] I just want to say ommend. I specifically do not recommend the love of Jesus. It was people who know no pressure. I know you are very busy, Mr. moving in with my parents. I joke, but it was the Bible and use it as a weapon, people who President, but I know sometimes you take in fact a very tough time for me. I am being do not practice what they preach, people who plane rides and you have got time to kill, so serious now. I suffered then, during that pe- are indifferent to the poor and suffering, peo- here. [Hands President Obama another riod, from real, genuine depression. I still ple, who use religion as a way to exclude oth- book.] No pressure. No pressure at all. Who struggle with that. This was a very painful, ers from their group, people who use religion am I to pressure you? soul searching time in my life. I took a real- as a way to judge others. I had rejected that, Nonetheless, the lives of both of these men ly depressing job which my parents forced but guess what? Jesus had also rejected that. illustrate the difference between phony reli- me to take, thank you very much. And while He had railed against that and called people giosity and really believing in God in a way I was at this job, this miserable job, thank to real life and to real faith. Jesus was and that is real—that changes your life, that you mom and dad, I met a man of some faith. is the enemy of dead religion. Jesus came to must change your life, and the lives of oth- And he begins to share his faith with me, deliver us from that. He railed against the ers. Wilberforce is best known for leading the this secular Yale agnostic, and I was in religious leaders of his day because he knew movement to end the slave trade. Now, why enough pain that I was willing to listen a lit- that it was all just a front, that in their did he take that on? Do you know why? I am tle bit to what he had to say. He was an Epis- hearts they were far from God his Father. here to tell you it is not because he was just copalian and I figured it was safe—they don’t When he was tempted in the desert, who was a churchgoer, because there were plenty of churchgoers in England in the day of Wilber- really believe that stuff anyway. So I said the one throwing Bible verses at him? Satan. force. And everybody in that day seemed to ‘‘yeah, you can keep talking.’’ But he turned That is a perfect picture of dead religion. have no problem with the slave trade or slav- out to be one those Episcopalians who actu- Using the words of God to do the opposite of ery, people who went to church. The reason ally believed this stuff and knew the Bible what God does. It is grotesque when you Wilberforce fought so hard was because backwards and forwards and I was really think about it. It is demonic. around his 26th birthday, he encountered challenged. We would have a lot of conversa- That summer as I came to faith, the guy Jesus. England paid lip service to religion in tions. who shared his faith with me, Ed Tuttle, I was not ready to accept what he was say- gave me a copy of ‘‘The Cost of Discipleship’’ those days. Everybody said ‘‘I am a Chris- tian, I am English, yeah, we are Christians.’’ ing, not ready to pray, to attend a Bible by Dietrich Bonhoeffer. And he asked me if I But they really seemed to think—most of study, to go to church or to become a weird had ever heard of Dietrich Bonhoeffer. I said, them—that the slave trade was a fine thing. born again Christian. But I was in enough ‘‘no.’’ He said, ‘‘Bonhoeffer was a pastor who So keep in mind that when someone says, ‘‘I pain to keep listening. This friend of mine because of his faith in Jesus stood up for the am a Christian’’, it might mean absolutely said to me that I should pray that God would Jews of Europe.’’ I was shocked. My mother nothing. But for Wilberforce it became real. reveal himself to me—which seemed absurd is German. She grew up during this period. It was not about Christianity, it was about because I thought: I don’t know if he’s there Why had I never heard this amazing story the living God and serving Him. And Wilber- so I don’t really want to pray to the oxygen about Bonhoeffer before? I remember think- force suddenly took the Bible seriously—that in the room, to whom shall I pray if he is not ing somebody really ought to write a book all of us are created in the image of God. He there? It is a conundrum you see. But some- about Bonhoeffer. took this idea seriously—that it was our I was not interested in writing biographies. times when you are in enough pain, and I duty to care for the least of these. And he I am far too self-centered to spend that much was, you do silly things—and I did pray. And said, ‘‘Lord, I will obey.’’ I said, in my anguish, and it was very real time focusing on someone besides myself. I Now he fought politically, he fought hard anguish. I said, ‘‘God if you are there, please went on to have a strange career writing and you know the only people really fighting reveal yourself to me; punch a hole through children’s books, I wrote humor for the New with him at this point were the fanatical the sheetrock, wave to me, say hello, show York Times, I worked for Veggie Tales. And Christians. Did you know that? All the yourself to me.’’ I was desperate. Every now then I wanted to share my faith and I wrote churchgoers, all the religious people, they and again I would pray that prayer, I would a book with the ridiculous title ‘‘Everything were not alongside him. Who was alongside be jogging and I would pray that prayer, You Always Wanted to Know about God but him in those days? The born again nuts, the ‘‘God help me, I need help.’’ It was an honest Were Afraid to Ask’’. Actually now it’s a Quakers, the Methodists that people made prayer. And prayers come from a place of trilogy, three books. And one day I found fun of. They were in the trenches because honesty, not religiosity. If you can say ‘‘help myself being interviewed on CNN about this they knew they had no choice but to regard me Lord,’’ God hears that prayer. book and I was expecting one of those tough the Africans as made in the image of God Then one night during this time, around questions like, how can a good God allow evil and worthy of our love and respect. Everyone my 25th birthday, I had a dream. We don’t and suffering? But instead, I got a softball else was just going with the flow, all the peo- have time to go into it this morning but it question. The host on CNN said to me, ‘‘you ple who just went to church. As I say, they was an amazing dream. If you want to hear know there is something here about Wilber- got it wrong. They had not seen Jesus. the story of this amazing dream you can go force’’—and I had two sentences in the book Wilberforce took these ideas, these foreign to my website: EricMetaxas.com. It is an about Wilberforce—‘‘Can you talk about ideas, from the Bible and brought them into amazing thing and it changed my life. God that?’’ Suddenly I am on CNN being asked to culture. You can read about it, and not just came into my life, Jesus came into my life, talk about Wilberforce. All I knew about in my book, which the President may read. and it is all true except the part about the Wilberforce was in the book—that he was But you can read about it. This is historical UFO and the Sasquatch which I made up. someone who took the Bible so seriously fact. This is not my spin, this is true. Wilber- But seriously, watch that if you don’t mind that he changed the world forever. force, because he believed what the Bible because it really happened, it is not made up. So I start talking about him briefly and said and because he obeyed what God told And when God came into my life overnight next thing I know a publisher calls me up him to do, changed the world. and He answered that prayer, I wondered and says ‘‘there’s a movie coming out called Today we argue about how to help the why hadn’t I heard this before? Why did I ‘Amazing Grace’.’’ And I was asked to write poor. Some say, ‘‘Oh, the public sector, gov- have to suffer not knowing? Why? I think a book about Wilberforce. Amazingly, I ernment, is the answer.’’ Others say, ‘‘The

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.002 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1926 CONGRESSIONAL RECORD — SENATE March 21, 2012 private sector, free enterprise.’’ But today, you’re not. We are the same. We are capable ‘‘Amazing Grace’’ and that a capella ren- we argue about how to help the poor, not of the same horrible things. Wilberforce dition has stuck with me my whole life. I whether to help the poor. Praise the Lord. somehow saw what the people in his day did thought maybe some day I will get some peo- The idea to care for the poor, the idea that not see, and we celebrate him for it. ple to do that, not today of course. But then slavery is wrong; these ideas are not normal Bonhoeffer saw what others did not see, and I thought you know, if the President can human ideas. These are Biblical ideas im- we celebrate him for it. Now how did they sing Al Green, then maybe you can sing with ported by Wilberforce at a crucial time. see what they saw? There is just one word him. So we are going to try this, if it goes Human beings do not do the right thing that will answer that, it is Jesus. He opens well I will leave with my head up. You apart from God’s intervention. We always do our eyes to his ideas which are radical and ready? If you don’t know the lyrics, pretend the phony religious thing. We go with the which are different from our own. Person- that you do. I want to hear harmonies. flow. In Wilberforce’s day going with the ally, I would say the same thing about the All singing: Amazing grace how sweet the flow meant supporting slavery, that Africans unborn. That apart from God we cannot see sound that saved a wretch like me. I once are not fully human. In Bonhoeffer’s world, that they are persons as well so those of us was lost but now am found. Was blind but in Nazi Germany, it meant supporting the who know the unborn to be human beings are now I see. idea that Jews are not fully human. So commanded by God to love those who do not God Bless you. whom do we say is not fully human today? yet see that. Senator SESSIONS: Thank you Eric, you Who is expendable to us? My mother lived We need to know that apart from God we have indeed blessed us. You got our atten- through this. There are people in this room would be on the other side of that divide tion and gave us spiritual food. Now it is my who lived through this. I was in Germany fighting for what we believe is right. We can- great honor to introduce the President of the last week; I met people who lived through not demonize our enemies. Today, if you be- United States. Mr. President, we thank you this period. It was an extraordinary thing to lieve that abortion is wrong, you must treat for your one hundred percent support that be there, to meet people who were the sons of those on the other side with the love of you have given to this prayer breakfast; heroes fighting against Hitler. This was a Jesus. Today, if you have a Biblical view of being here every single year and when you moment ago that this horror happened. sexuality, you will be demonized by those on were a member of the Senate with us. Mr. Bonhoeffer was born in 1906 and he was the other side who will call you a bigot. President, I personally want to thank you born into an amazing family. His father was Jesus commands us to love those who call us for the way you strive for the betterment of the most famous psychiatrist in Germany. bigots; to show them the love of Jesus. If you all Americans. You give your life to that. It This was a big, important amazing family. want people to treat you with dignity, treat was Abraham Lincoln who first used the At 14, he announces he wants to be a theolo- them with dignity. phrase that we are a nation under God. If we gian. He got his doctorate at age 21. So finally, Jesus tells us that we must love are going to be a nation under God, then we Bonheoffer was a great theologian but he de- our enemies. That, my friends, is the real have to recognize the precious worth of cided in the midst of being a great theolo- difference between dead religion and a living every single person. Thank you for your gian that he wanted to get ordained as a Lu- faith in the God of the Scriptures, whether leadership. Ladies and gentlemen, the Presi- theran pastor. And then one day at age 24, he we can love our enemies. Wilberforce had po- dent of the United States, Barack Obama. went to America to spend a year in New litical enemies but he knew that God had President Barack Obama: Well, good morn- York City. And he went to study at Union commanded him to treat them with civility. ing everybody. It is good to be with so many Theological Seminary. One Sunday a fellow He knew that he had been saved by grace. He friends united in prayer. And I begin by giv- student named Frank Fisher, an African was not morally superior to the people on ing all praise and honor to God for bringing American from Alabama, invited Dietrich the other side of the aisle. Martin Luther us here together today. Bonhoeffer to Harlem to a church called Ab- King told the people on the buses that you I want to thank our co-chairs, MARK and yssinian Baptist Church. He said, ‘‘why don’t must not fight back, that you must be will- JEFF; to my dear friend, the guy who always you come with me?’’ And Bonheoffer went ing to turn the other cheek or get off the has my back, Vice President BIDEN. All the with him and for the first time in his life, in bus. Branch Rickey told Jackie Robinson members of Congress and my Cabinet who that church, he saw something that was that if you want to win the battle, you need are here today, all the distinguished guests clearly not mere phony religion. He saw peo- to do as Jesus commanded and to be strong who have traveled a long way to be a part of ple worshiping a living God. He saw people enough to not fight back; that is how your this. I am not going to be as funny as Eric who understood suffering and whose worship enemies will know that there is someone, but I am grateful that he shared his message was real. Bonhoeffer said that in New York, capital ‘‘S’’, standing behind you, that it is with us. Michelle and I feel truly blessed to in America, he did not hear the gospel pro- not just you. be here. claimed. Think about this, he visited many, So if you can see Jesus in your enemy, This is my fourth year coming to this many churches, yet he did not hear the gos- then you can know that you are seeing with prayer breakfast as President. As JEFF men- pel proclaimed except, in his words, in the God’s eyes and not your own. So, can you tioned, before that I came as senator. I have Negro churches. That was the only place he love your enemy? If you cannot pray for to say, it is easier coming as President. I saw the true gospel. He saw true faith, living those on the other side, if you cannot actu- don’t have to get here quite as early. But it faith, people living it, preaching the gospel ally feel the love of God for your enemies, has always been an opportunity that I have of Jesus, living the gospel of Jesus. He saw political and otherwise, my friends, that is a cherished. And it is a chance to step back for this among the suffering in Harlem and it sure sign that you are being merely reli- a moment, for us to come together as broth- changed his life. gious. That you have bought into a moral ers and sisters and seek God’s face together. When he got back to Germany, people system but you do not know the God who has At a time when it is easy to lose ourselves in could see that he was different. He was not forgiven you. Only God can give us that su- the rush and clamor of our own lives, or get intellectually different, but his heart had pernatural agape love for those with whom caught up in the noise and rancor that too been changed. He began to speak publicly we disagree. That is the test. It is an impos- often passes as politics today, these mo- about the Bible as the word of God, the liv- sible standard apart from the grace of God. ments of prayer slow us down. They humble ing word of God through which God who is We all fail that test. But thank God for the us. They remind us that no matter how much alive wishes to speak to us. So, he under- grace of God. The grace of God is real. God responsibility we have, how fancy our titles, stood from the black church in Harlem the wants to shed it abroad in every heart, not how much power we think we hold, we are idea of a personal faith, that God is alive and just on some, on every heart. It is the only imperfect vessels. We can all benefit from wishes to speak to you. And it had a political thing , the grace of a living God, that can turning to our Creator, listening to Him, component because it is now 1932, the Nazis bring left and right together to do the right avoiding phony religiosity and listening to are rising. Bonhoeffer begins to say things thing. Him. that you would not hear in Germany, even in So can we humble ourselves enough to ac- This is especially important right now, the churches in those days. He spoke of Jesus tually ask him in a real prayer to show him- when we are facing some big challenges as a as the man for others. He said ‘‘whoever does self to us, to lead us to do what is right? Can nation. Our economy is making progress as not stand up for the Jews has no right to we do that for our country? For the world? we recover from the worst crisis in three sing Gregorian chants, God is not fooled.’’ This is a Bonhoeffer moment. If we will hum- generations, but far too many families are His whole life was about this idea that you ble ourselves, ask God, cry out, Cri du coeur, still struggling to find work or make the have to have a living relationship with God cry from the heart, Lord lead us, will you mortgage, pay for college, or, in some cases, and that it must lead you to action—that ask him to help you? The amazing grace of even buy food. Our men and women in uni- you must obey God, that you will look dif- God is there for everyone. You know Jesus is form have made us safer and more secure, ferent. not just for so called ‘‘Christians’’, Jesus is and we are eternally grateful to them, but Now of course dead religion demonizes oth- for everyone. The grace of God is for every- war and suffering and hardship still remain ers, I just said that, and apart from God’s one. I hope you know that. in too many corners of the globe. And a lot intervention, that is what we do. So don’t When I was 21 years old, I worked at the of those men and women who we celebrate on think that you won’t do that. You will do Boston Opera House and Garrison Keeler Veteran’s Day and Memorial Day come back that. We are broken, fallen human beings so showed up and he gave a talk. And at the end and find that, when it comes to finding a job apart from God—that is what we do. Do you of his talk he asked the audience if they or getting the kind of care that they need, think that you are better than the Germans wanted to sing. They didn’t, but he made we are not always there the way that we in that era? You are not. Not in God’s eyes them anyway. He led them in a song called need to be.

VerDate Mar 15 2010 05:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.002 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1927 It is absolutely true that meeting these lieve that when a young person can afford a erty, worked with organizations like World challenges requires sound decision-making, college education or someone who has been Vision and American Jewish World Service requires smart policies. We know that part unemployed suddenly has a chance to retrain and Islamic Relief to bring hope to those suf- of living in a pluralistic society means that for a job and regain that sense of dignity and fering around the world. our personal religious beliefs alone cannot pride, and contributing to the community as Colleges across the country have answered dictate our response to every challenge we well as supporting their families—that helps our Interfaith Campus Challenge, and stu- face. us all prosper. dents are joined together across religious But in my moments of prayer, I am re- It means maybe that research lab on the lines in service to others. From promoting minded that faith and values play an enor- cusp of a lifesaving discovery, or the com- responsible fatherhood to strengthening mous role in motivating us to solve some of pany looking for skilled workers is going to adoption, from helping people find jobs to our most urgent problems, in keeping us do a little bit better, and we will all do bet- serving our veterans, we are linking arms going when we suffer setbacks, and opening ter as a consequence. It makes economic with faith-based groups all across the coun- our minds and our hearts to the needs of oth- sense. But part of that belief comes from my try. ers. faith in the idea that I am my brother’s I think we all understand that these values We cannot leave our values at the door. If keeper and I am my sister’s keeper; that as cannot truly find voice in our politics and we leave our values at the door, we abandon a country, we rise and fall together. I am not our policies unless they find a place in our much of the moral glue that has held our na- an island. I am not alone in my success. I hearts. The Bible teaches us to ‘‘be doers of tion together for centuries, and allowed us to succeed because others succeed with me. the word and not merely hearers.’’ We are re- become somewhat more perfect a union. And when I decide to stand up for foreign quired to have a living, breathing, active Frederick Douglass, Abraham Lincoln, Jane aid, or prevent atrocities in places like faith in our own lives. And each of us is Addams, Martin Luther King, Jr., Dorothy Uganda, or take on issues like human traf- called on to give something of ourselves for Day, Abraham Heschel—the majority of ficking, it is not just about strengthening al- the betterment of others—and to live the great reformers in American history did liances, or promoting democratic values, or truth of our faith not just with words, but their work not just because it was sound pol- projecting American leadership around the with deeds. icy, or they had done good analysis, or un- world, although it does all those things and So even as we join the great debates of our derstood how to exercise good politics, but it will make us safer and more secure. It is age—how we best put people back to work, because their faith and their values dictated also about the Biblical call to care for the how we ensure opportunity for every child, it, and called for bold action—sometimes in least of these—for the poor, for those at the the role of government in protecting this ex- the face of indifference, sometimes in the margins of our society. traordinary planet that God has made for us, face of resistance. To answer the responsibility we are given how we lessen the occasions of war—even as This is no different today for millions of in Proverbs to ‘‘speak up for those who can- we debate these great issues, we must be re- Americans, and it is certainly not for me. not speak for themselves, for the rights of all minded of the difference that we can make I wake up each morning and I say a brief who are destitute.’’ And for others, it may each day in our small interactions, in our prayer, and I spend a little time in Scripture reflect the Jewish belief that the highest personal lives. and devotion. And from time to time, friends form of charity is to do our part to help oth- As a loving husband, or a supportive par- of mine, some of who are here today, friends ers to stand on their own. ent, or a good neighbor, or a helpful col- like Joel Hunter or T.D. Jakes, will come by Treating others as you want to be treated; league—in each of these roles, we help bring the Oval Office, or they will call on the requiring much from those who have been His kingdom to Earth. And as important as phone, or they will send me an email, and we given so much; living by the principle that government policy may be in shaping our will pray together, and they will pray for me we are our brother’s keeper; caring for the world, we are reminded that it is the cumu- and my family, and for our country. But I don’t stop there. I would be remiss if poor and those in need. These values are old. lative acts of kindness and courage and char- I stopped there; if my values were limited to They can be found in many denominations ity and love, It is the respect that we show personal moments of prayer or private con- and many faiths, among many believers and each other and the generosity that we share versations with pastors or friends. So, in- among many non-believers. And they are with each other that in our every day lives stead, I must try—imperfectly, but I must values that have always made this country will somehow sustain us during these chal- try—to make sure those values motivate me great—when we live up to them; when we lenging times. John tells us that, ‘‘If anyone as one leader of this great nation. don’t just give lip service to them; when we has material possessions and sees his brother And so when I talk about our financial in- don’t just talk about them one day a year. in need but has no pity on him, how can the stitutions playing by the same rules as folks And they are the ones that have defined my love of God be in him? Dear children, let us on Main Street, when I talk about making own faith journey. not love with words or tongue but with ac- sure insurance companies are not discrimi- And today, with as many challenges as we tions and in truth.’’ nating against those who are already sick, or face, these are the values I believe we are MARK read a letter from Billy Graham, and making sure that unscrupulous lenders are going to have to return to in the hope that it took me back to one of the great honors of not taking advantage of the most vulnerable God will buttress our efforts. my life, which was visiting Reverend Gra- among us, I do so because I genuinely believe Now, we can earnestly seek to see these ham at his mountaintop retreat in North it will make the economy stronger for every- values lived out in our politics and our poli- Carolina, when I was on vacation with my body. But I also do it because I know that far cies, and we can earnestly disagree on the family in a hotel not far away. too many neighbors in our country have best way to achieve these values. In the And I can still remember winding up the been hurt and treated unfairly over the last words of C.S. Lewis, ‘‘Christianity has not, path, up a mountain to his home. Ninety-one few years, and I believe in God’s command to and does not profess to have a detailed polit- years old at the time, facing various health ‘‘love thy neighbor as thyself.’’ I know that ical program. It is meant for all men at all challenges, he welcomed me as he would wel- a version of that Golden Rule is found in times, and the particular program which come a family member or a close friend. This every major religion and every set of be- suited one place or time would not suit an- man who had prayed great prayers that in- liefs—from Hinduism to Islam to Judaism to other.’’ spired a nation, this man who seemed larger the writings of Plato. Our goal should not be to declare our poli- than life, greeted me and was as kind and as And when I talk about shared responsi- cies as Biblical. It is God who is infallible, gentle as could be. bility, it is because I genuinely believe that not us. Michelle reminds me of this often. So And we had a wonderful conversation. Be- in a time when many folks are struggling, at instead, it is our hope that people of goodwill fore I left, Reverend Graham started to pray a time when we have enormous deficits, it is can pursue their values and common ground for me, as he had prayed for so many Presi- hard for me to ask seniors on a fixed income, and the common good as best they know dents before me. And when he finished pray- or young people with student loans, or mid- how, with respect for each other. And I have ing, I felt the urge to pray for him. I didn’t dle-class families who can barely pay the to say that sometimes we talk about respect, really know what to say. What do you pray bills to shoulder the burden alone. And I but we don’t act with respect towards each for when it comes to the man who has prayed think to myself, if I am willing to give some- other during the course of these debates. for so many? But like that verse in Romans, thing up as someone who has been extraor- But each and every day, for many in this the Holy Spirit interceded when I didn’t dinarily blessed, and give up some of the tax room, the Biblical injunctions are not just know quite what to say. breaks that I enjoy, I actually think that is words, they are also deeds—every single day, And so I prayed—briefly, but I prayed from going to make economic sense. in different ways, so many of you are living the heart. I don’t have the intellectual ca- But for me as a Christian, it also coincides out your faith in service to others. pacity or the lung capacity of some of my with Jesus’s teaching that ‘‘for unto whom Just last month, it was inspiring to see great preacher friends here who have prayed much is given, much shall be required.’’ It thousands of young Christians filling the for a long time. But I prayed. And we ended mirrors the Islamic belief that those who Georgia Dome at the Passion Conference, to with an embrace and a warm good-bye. have been blessed have an obligation to use worship the God who sets the captives free And I thought about that moment all the those blessings to help others, or the Jewish and work to end modern slavery. Since we way down the mountain, and I have thought doctrine of moderation and consideration for have expanded and strengthened the White about it in the many days since. Because I others. House faith-based initiative, we have thought about my own spiritual journey— When I talk about giving every American a partnered with Catholic Charities to help growing up in a household that was not par- fair shot at opportunity, it is because I be- Americans who were struggling with pov- ticularly religious; going through my own

VerDate Mar 15 2010 05:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.002 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1928 CONGRESSIONAL RECORD — SENATE March 21, 2012 period of doubt and confusion, finding Christ Dharun Ravi for violations of New Jer- Constitution does not permit us in when I was not even looking for him so many sey criminal laws against bias intimi- Congress to prohibit the expression of years ago; possessing so many shortcomings dation and invasion of privacy. Mr. an idea simply because we disagree that have been overcome by the simple grace of God. And the fact that I would ever be on Ravi had used a Webcam to spy on and with it. top of a mountain, saying a prayer for Billy then publicize an intimate encounter The Matthew Shepard Act punishes Graham—a man whose faith had changed the between his college roommate, Tyler physical violence, not speech. The law world and that had sustained him through Clementi, and another man. Tragically, requires the defendant to have caused triumphs and tragedies, and movements and Mr. Clementi became so distraught or attempted to cause bodily injury to milestones—that simple fact humbled me to that he took his own life. the victim while being motivated by my core. Young men and women should not be the victim’s sexual orientation or an- I have fallen on my knees with great regu- other defined characteristic. Impor- larity since that moment—asking God for bullied or shamed because of their sex- guidance not just in my personal life and my ual orientation. It is incumbent on tantly, the defendant in a Federal hate Christian walk, but in the life of this nation every segment of society to do what we crimes case must have acted willfully. and in the values that hold us together and can to stop bullying in schools and in In other words, the defendant must keep us strong. I know that He will guide us. our communities. As Tyler Clementi’s have voluntarily and intentionally He always has and He always will. And I pray father said after the jury verdict was caused bodily injury to the victim. his richest blessings on each of you in the announced: From what we know of the Ravi case, days ahead. Thank you very much. To our college, high school and even mid- the defendant could not have been Senator PRYOR: Thank you, Mr. President, dle school youngsters, I would say this: prosecuted under the Matthew Shepard for sharing your heart and your faith with You’re going to meet a lot of people in your Act because Mr. Ravi did not willfully us. You have a room full of people here who lifetime. Some of these people you may not cause bodily injury to Tyler Clementi, are praying for you and your family. God like. But just because you don’t like them nor did he willfully cause the victim to bless the President of the United States of does not mean you have to work against take his own life. America. them. We know that the consequences of Speaking of powerful people, let’s hear one I can only imagine the Clementi fam- bias-motivated violence extend beyond more time from Jackie Evancho. ily’s grief and suffering over their loss. ‘‘The Lord’s Prayer’’ sung by Miss Jackie the victim. Hate crimes instill fear in Evancho. I applaud the efforts they are making those who have no connection to the Senator SESSIONS: Thank you, Jackie, and to raise awareness about the real dan- victim other than a shared char- may God’s blessings continue with you. My gers of bullying on American cam- acteristic such as race, religion, na- thanks to the President, Eric, all our speak- puses. tional origin, gender, disability, or sex- ers up here this morning You have given us The Senate is also taking steps to ad- a lot to think about. Now it is our job to ual orientation. Preventing such con- dress the growing problem of bullying. sequences is the reason I offered the ponder these things in our hearts and to turn I am pleased to be a cosponsor of Sen- those good ideas into action. Matthew Shepard Act as an amend- Senator PRYOR: Being a part of this Na- ator CASEY’s Safe Schools Improve- ment to the Defense authorization bill tional Prayer Breakfast is a great privilege ment Act, which requires schools to es- more than 2 years ago. The law has al- and now it becomes a great responsibility. I tablish bullying prohibition policies ready resulted in several Federal believe God is counting on you and me to and would help educators identify and criminal convictions. For example, two love and pray where we are. Let’s complain address any conduct based on a stu- Arkansas men were convicted after a lot less and let’s pray and love a lot more dent’s actual or perceived race, color, they targeted five Hispanic victims at so God can use us to make a better world. religion, gender, disability, or sexual And now to close us in prayer is Robert Grif- a gas station and rammed their car off fin III of Baylor University. orientation. Another bill that I support the road causing serious injuries. Two Mr. Robert Griffin, III: Before I close in is the Student Non-Discrimination Act other men in New Mexico were con- prayer, I would just like to say, ‘‘Sic em, introduced by Senator FRANKEN, which victed under this statute for branding a Bears.’’ And to the President, if you ever get would define harassment as a form of disabled Navajo man with a swastika a little tired of running the country or any- discrimination in our public schools. while writing the words ‘‘KKK’’ and thing like that, a little bored, I would love to Both bills have more than 35 cospon- ‘‘white power’’ on his body. play you in basketball. It would be a friendly sors and deserve full consideration by competition because I wouldn’t want anyone The Ravi prosecution was brought to feel like I was trying to hurt you or any- the Senate. It has been well docu- under New Jersey’s laws, which are dif- thing, so I wouldn’t dunk on you at all. This mented that students who are para- ferent from our Federal hate crimes has been a really long breakfast. The longest lyzed by fear of bullying cannot effec- laws. I have ever been a part of. I guess everyone tively learn. Congress should help en- f up here got the memo except for me because sure that States and schools have the both of my cups are empty because I drank tools they need to prevent or punish TRIBUTE TO ADMIRAL ROBERT F. them. No one else drank anything and I real- bullying in any form. We must do more WILLARD ly have to use the bathroom. So will go to ensure that all students are pro- Mr. MCCAIN. Mr. President, today I ahead and close this out so we can all go ahead and do that. tected and can thrive in their schools. rise to honor a distinguished naval offi- If you could bow your heads, please. Father In the aftermath of Dharun Ravi’s cer and a true patriot. Having just God, we thank you for this day as a day you conviction in New Jersey, there has passed the torch of command for U.S. have made and we rejoice and we are glad in been some commentary on hate crimes Pacific Command, Admiral Robert F. it. Today has truly been a great day, many laws generally. Some have wondered Willard will hang up one last time the great speakers and a lovely singer who has whether hate crimes laws criminalize uniform he first donned almost four blessed all of our hearts and brought many thoughts or beliefs and have the effect decades ago. On the eve of his retire- to tears. Father God, in Jesus’ name, we of chilling free speech. Others have ex- thank you that we could sit up here and ment, it is fitting to memorialize in thank you for so many different things and pressed confusion whether Mr. Ravi the annals of this chamber Admiral be here all day. But most of all, we thank could have been prosecuted under our Willard’s years of selfless service to you above all for having the ability to make recently passed Federal hate crimes our Nation. a difference in everyone’s lives and giving us law. A Los Angeles native, Admiral Wil- the power to go out and change the world. As chairman of the Senate Judiciary lard graduated from the United States And we thank you for your love, your grace Committee, let me clarify the scope of Naval Academy and was commissioned and your mercy and as we leave today, we Federal hate crimes statutes. First, the in 1973. After he completed flight train- thank you that we take those qualities that Matthew Shepard and James Byrd, Jr. ing and qualified as a naval aviator, he can show the world not only with our words but with our actions. In Jesus’ name we Hate Crimes Prevention Act protects served in F–14 fighter squadrons oper- pray, Amen. the constitutional right of every indi- ating off of the aircraft carriers USS f vidual to have her own thoughts and Constellation, USS Ranger, and USS beliefs and express them in a lawful Kitty Hawk. Admiral Willard’s pro- CONVICTION OF DHARUN RAVI manner. The law does not prohibit or ficiency in the cockpit led to his as- Mr. LEAHY. Mr. President, last punish speech, expression, or associa- signment to Navy Fighter Weapons week, a jury in New Jersey convicted tion in any way—even hate speech. The School, more commonly known as

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.002 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1929 TOPGUN, where he served as the oper- 50TH ANNIVERSARY OF THE ing college or the work force in a low- ations and executive officer. Many may UNITED STATES SENATE YOUTH paying, public service capacity, by pro- not know that Admiral Willard was the PROGRAM viding scholarships. This great first aerial coordinator for the 1986 movie Mr. BLUMENTHAL. Mr. President, step provides support to our young con- Top Gun and also appeared in it as a for 50 years, the United States Senate stituents who are striving to realize flight instructor. Admiral Willard later Youth Program, USSYP, has selected 2 their dreams, but are worried about the commanded the famous Screaming Ea- remarkable high school students from costs involved. gles Fighter Squadron operating off of each State, the District of Columbia, I enjoyed meeting with the Con- necticut delegates during the annual the USS Carl Vinson. and the Department of Defense Edu- cation Activity program to visit our Senate reception during Washington In 1992, following his successful com- Nation’s capital for an inspiring week- Week and appreciated our thoughtful pletion of nuclear power training, Ad- long immersion in the workings of the dialogue. Their visit has left me in- miral Willard rejoined the USS Carl Federal government and a mirror into spired and hopeful about our country’s Vinson as its executive officer. He went public service. The students that par- future. on to command the amphibious flag- ticipate in the USSYP have gone on to I know my colleagues will join me in ship USS Tripoli and the aircraft car- dedicate their lives to our country, in- recognizing the importance of the rier USS Abraham Lincoln. As a flag of- cluding Senator SUSAN COLLINS, New United States Senate Youth program ficer, Admiral Willard twice served on Jersey Governor Chris Christie, and for the next 50 years. the Joint Staff, was deputy and chief of former presidential advisor Karl Rove. f Started in 1962 through the adoption staff for U.S. Pacific Fleet, commanded ADDITIONAL STATEMENTS Carrier Group Five embarked upon the of S. Res. 324, this program is as cru- USS Kitty Hawk, and commanded Sev- cial now as it was when it was first cre- enth Fleet in Yokosuka, Japan. In ated. The USSYP acknowledges our JACKSON’S SUGAR HOUSE AND country’s need to encourage inspired March 2005, Admiral Willard became VEGETABLE STAND and proactive youth. It takes a stand the 34th Vice Chief of Naval Oper- ∑ against complacency and apathy when Ms. SNOWE. Mr. President, each ations, and in May 2007, he became it comes to learning, gives students a year as winter makes way for spring, Commander of the United States Pa- chance to see firsthand the hard work across my home state of Maine you cific Fleet. and dedication of appointed and elected will see maple trees lined with metal On October 19, 2009, Admiral Willard officials, and sustains and heightens buckets poised to collect delectable was appointed as Commander, U.S. Pa- their passion for helping others after maple syrup. Maine is the third largest producer of maple syrup in America, cific Command. He assumed command the program is finished. It also aims to and last year experienced a 14 percent when much of our focus was still on the instill a true understanding of the increase, generating a remarkable Middle East and North Africa, and democratic process ‘‘and the vital im- portance of democratic decision mak- 360,000 gallons. As maple sugar season rightly so. Conflicts there, however, in commences and Maine looks forward to no way diminished the importance of ing not only for America but for people around the world’’ (S. Res. 324), cre- celebrating the time-honored Maple the Asia-Pacific, where strategically ating a cadre of young ambassadors Sugar Sunday, I rise to commend Jack- important events unfolded during Ad- who promote representative govern- son’s Sugar House & Vegetable Stand miral Willard’s command. As the ment in their own communities. located in Oxford, ME. United States rebalances its national I wish to recognize the partners of Often times a small request sparks a security strategy and realigns its the USSYP, most especially the Hearst marvelous business enterprise. For forces with a greater focus on the Asia- Foundations, and my Senate colleagues Roger Jackson, owner of Jackson’s Pacific, Admiral Willard’s leadership who participated in Washington Week Sugar House & Vegetable Stand, his over the last 2 years has laid a critical a few weeks ago. I thank the Hearst passion for maple syrup was reignited a foundation for our security and that of Foundations for their generous offer to few years ago when his granddaughter our allies, now and in years to come. fund this program as long as the Sen- sought help for a school project on how Pacific Command is personally reso- ate keeps it alive. Also, I express my to make the sweet liquid. Although Roger had been producing maple syrup nant with me. Between 1968 and 1972, gratitude for nonprofit organizations that are innovatively addressing the on and off since he was 6 years old, his my father held the position, then deficit of civic knowledge and public granddaughter’s question renewed his known as Commander-in-Chief, Pacific responsibility in our Nation’s students. love for this New England staple. And Command, that Admiral Willard has For example, iCivics, a project started the results have been incredibly sweet. just relinquished. The running joke be- by Justice Sandra Day O’Connor, aims As a veteran in maple syrup produc- tween Admiral Willard and me has to use video games and other web-based tion, Roger is familiar with the trials been that he was living in my father’s tools to engage students and teach and tribulations that go along with old house. And so, of all the praise and them about our government on all lev- this endeavor. While it is often hard to accolades I could bestow on Admiral els, including the importance of par- turn a profit as a small producer, the Willard for his service to our Nation, ticipation as a citizen, the power of a smiles on his customers’ faces truly the best and most appropriate would vote, the checks and balances of our make it all worthwhile. Further, com- be: the command undertaken by my fa- three branches, and our founding docu- pared to when Roger was a child, im- ther and other great men has been ad- ments. We must continue to remain in- provements in technology have cer- mirably served by the leadership of Ad- vested in the knowledge and ideals our tainly enhanced and eased the process miral Willard. future generations bring forth. of turning sap into maple sugar. For The USSYP understands the impor- example, today Jackson’s Sugar House Admiral Willard has always paid trib- tance of fostering the genuine interest uses a stainless steel evaporator— ute to his spouse of 38 years Donna, in public service held by our Nation’s equipment that enables them to easily who has been a tireless advocate for youth, and only selects high schoolers remove water and ensure better control the men and women of the commands to participate who have demonstrated over the quality of their product. This in which she and her husband have a commitment to their student govern- evaporation process is a vast improve- served, and a wonderful ambassador for ment or local civic organizations. I ment over Roger’s childhood maple the United States and the Navy. And so hope the USSYP’s strong 50 years can making experiences involving boiling I extend a grateful Nation’s thanks to serve as a model for similar programs— sap over an open flame. the Willards and their children Jen- especially to reach those who may not Roger’s expertise in maple syrup has nifer, Bryan, and Mark for their excep- have the support or resources to define certainly not gone unnoticed. He was tional service, best wishes for the next or act on their passion for public serv- recently appointed by the Maine De- chapter in their life, and fair winds and ice. The USSYP has created an alumni partment of Agriculture Commis- following seas. fund to assist delegates, who are enter- sioner, Walter Whitcomb, to the Maine

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.025 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1930 CONGRESSIONAL RECORD — SENATE March 21, 2012 Maple Task Force Study Group to rep- the Senate by Mr. Pate, one of his sec- H.R. 306. An act to direct the Secretary of resent producers of maple sugar prod- retaries. the Interior to enter into an agreement to provide for management of the free-roaming ucts with 1,000 or fewer taps. This Task f Force was created in May of 2011, as wild horses in and around the Currituck Na- EXECUTIVE MESSAGES REFERRED tional Wildlife Refuge; to the Committee on part of the State’s legislation ‘‘To Environment and Public Works. Study the Promotion and Expansion of As in executive session the Presiding f the Maine Maple Sugar Industry.’’ Rog- Officer laid before the Senate messages er’s participation on the task force has from the President of the United MEASURES DISCHARGED been instrumental in ensuring that the States submitting sundry nominations The following bill was discharged needs of small producers and mom and which were referred to the appropriate from the Committee on Energy and pop sugarhouse operations are vigor- committees. Natural Resources, and referred as in- ously advocated. (The nominations received today are dicated: Maple syrup and all maple sugar printed at the end of the Senate pro- products are certainly among the H.R. 306. An act to direct the Secretary of ceedings.) the Interior to enter into an agreement to sweetest commodities produced in provide for management of the free-roaming f Maine. Thanks to the proficiency and wild horses in and around the Currituck Na- resolve of individuals such as Roger MESSAGES FROM THE HOUSE tional Wildlife Refuge; to the Committee on Jackson, Maine continues to produce Environment and Public Works. At 10:42 a.m., a message from the the highest quality maple products. I f am proud to extend my congratula- House of Representatives, delivered by tions to Roger Jackson and everyone Mrs. Cole, one of its reading clerks, an- EXECUTIVE AND OTHER at Jackson’s Sugar House & Vegetable nounced that the House has passed the COMMUNICATIONS Stand for their dedication to excel- following bills, in which it requests the The following communications were lence, and offer my best wishes for concurrence of the Senate: laid before the Senate, together with their continued success.∑ H.R. 665. An act to establish a pilot pro- accompanying papers, reports, and doc- gram for the expedited disposal of Federal f uments, and were referred as indicated: real property. TRIBUTE TO RACHEL BRISTOL H.R. 2087. An act to remove restrictions EC–5401. A communication from the Sec- retary of Transportation, transmitting, pur- ∑ Mr. WYDEN. Mr. President, today I from a parcel of land situated in the Atlantic District, Accomack County, Virginia. suant to law, a report entitled ‘‘2010 Status wish to recognize someone who has of the Nation’s Highways, Bridges and Tran- spent the last 30 years in the front The message also announced that sit: Conditions and Performance’’; to the ranks of the fight against hunger in my pursuant to Senate Concurrent Resolu- Committee on Commerce, Science, and State. tion 35, 112th Congress, and the order of Transportation. Rachel Bristol, president and CEO of the House of January 5, 2011, the EC–5402. A communication from the Acting the Oregon Food Bank, has devoted her Speaker appoints the following Mem- Deputy Assistant Administrator for Regu- life to making sure that Oregonians in bers of the House of Representatives to latory Programs, National Marine Fisheries the Joint Congressional Committee on Service, Department of Commerce, transmit- need are able to put nutritious food on ting, pursuant to law, the report of a rule en- the table. She has spent every minute Inaugural Ceremonies: Mr. BOEHNER of titled ‘‘Western Pacific Fisheries; 2012 An- of every day of her career doing every- Ohio, Mr. CANTOR of Virginia, and Ms. nual Catch Limits and Accountability Meas- thing in her power to eliminate hunger. PELOSI of California. ures’’ (RIN0648–XA674) received in the Office As Rachel retires, she leaves behind a of the President of the Senate on March 2, legacy of determination and hard work At 4:30 p.m., a message from the 2012; to the Committee on Commerce, that has guided the Oregon Food Bank House of Representatives, delivered by Science, and Transportation. and seen it expand into a professional Mr. Novotny, one of its reading clerks, EC–5403. A communication from the Acting organization that reflects her vision of announced that the House has agreed Division Chief, Office of National Marine what a community should do to help to the following concurrent resolution, Sanctuaries, National Oceanic and Atmos- in which it requests the concurrence of pheric Administration, transmitting, pursu- those in need. ant to law, the report of a rule entitled Last year alone, the Oregon Food the Senate: ‘‘Overflight Regulations for the Channel Is- Bank Network distributed more than H. Con. Res. 108. Concurrent resolution per- lands, Monterey Bay, Gulf of the Farallones, 81 million pounds of food. I am proud to mitting the use of the rotunda of the Capitol and Olympic Coast National Marine Sanc- say that I have stood beside the food for a ceremony as part of the commemora- tuaries’’ (RIN0648–AX79) received in the Of- bank’s employees and volunteers and tion of the days of remembrance of victims fice of the President of the Senate on March packaged my share of pancake mix or of the Holocaust. 2, 2012; to the Committee on Commerce, other food. So, I know firsthand how The message further announced that Science, and Transportation. dedicated they are in making sure that the House agrees to the amendment of EC–5404. A communication from the Acting no one goes to bed hungry. the Senate to the bill (H.R. 886) to re- Director, Office of Sustainable Fisheries, De- Whether we call it hunger, food inse- partment of Commerce, transmitting, pursu- quire the Secretary of the Treasury to ant to law, the report of a rule entitled curity or something else, what we are mint coins in commemoration of the ‘‘Fisheries of the Exclusive Economic Zone really talking about is the tragedy of 225th anniversary of the establishment Off Alaska; Pacific Cod By Vessels Using Pot having hungry families in the richest of the Nation’s first Federal law en- Gear in the Western Regulatory Area of the country in the world. forcement agency, the United States Gulf of Alaska’’ (RIN0648–XA988) received in Rachel saw that inequity and spent Marshals Service. the Office of the President of the Senate on her life doing something about it. Be- March 2, 2012; to the Committee on Com- cause of that fewer people in Oregon f merce, Science, and Transportation. went hungry because she gave them a MEASURES REFERRED EC–5405. A communication from the Acting place to go—a place to look to—for Director, Office of Sustainable Fisheries, De- The following bills were read the first partment of Commerce, transmitting, pursu- basic nutritious food to put on their and the second times by unanimous ant to law, the report of a rule entitled table. consent, and referred as indicated: ‘‘Fisheries of the Exclusive Economic Zone Because of Rachel Bristol, the food Off Alaska; Pacific Cod by Vessels Using Pot H.R. 665. An act to establish a pilot pro- bank is a better organization and Or- Gear in the Central Regulatory Area of the gram for the expedited disposal of Federal Gulf of Alaska’’ (RIN0648–XA992) received in egon is a better community. real property; to the Committee on Home- the Office of the President of the Senate on While she may be retiring, something land Security and Governmental Affairs. March 2, 2012; to the Committee on Com- tells me that the fight against hunger H.R. 2087. An act to remove restrictions merce, Science, and Transportation. will always be a part of who she is.∑ from a parcel of land situated in the Atlantic EC–5406. A communication from the Acting District, Accomack County, Virginia; to the f Director, Office of Sustainable Fisheries, De- Committee on Commerce, Science, and partment of Commerce, transmitting, pursu- MESSAGES FROM THE PRESIDENT Transportation. ant to law, the report of a rule entitled Messages from the President of the The following bill was read, and re- ‘‘Fisheries of the Exclusive Economic Zone United States were communicated to ferred as indicated: Off Alaska; Reallocation of Pacific Cod in

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.003 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1931 the Bering Sea and Aleutian Islands Manage- tration, Department of Transportation, EC–5423. A communication from the Senior ment Area’’ (RIN0648–XA987) received in the transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- Office of the President of the Senate on a rule entitled ‘‘Standard Instrument Ap- tration, Department of Transportation, March 2, 2012; to the Committee on Com- proach Procedures; Miscellaneous Amend- transmitting, pursuant to law, the report of merce, Science, and Transportation. ments (82); Amdt. No. 3460’’ (RIN2120–AA65) a rule entitled ‘‘Airworthiness Directives; EC–5407. A communication from the Senior received in the Office of the President of the The Boeing Company Airplanes’’ ((RIN2120– Program Analyst, Federal Aviation Adminis- Senate on March 6, 2012; to the Committee AA64) (Docket No. FAA–2011–0725)) received tration, Department of Transportation, on Commerce, Science, and Transportation. in the Office of the President of the Senate transmitting, pursuant to law, the report of EC–5415. A communication from the Senior on March 12, 2012; to the Committee on Com- a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- merce, Science, and Transportation. Augusta S.p.A. Helicopters’’ ((RIN2120–AA64) tration, Department of Transportation, EC–5424. A communication from the Senior (Docket No. FAA–2011–1454)) received in the transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- Office of the President of the Senate on a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, March 6, 2012; to the Committee on Com- The Boeing Company Airplanes’’ ((RIN2120– transmitting, pursuant to law, the report of merce, Science, and Transportation. AA64) (Docket No. FAA–2011–0382)) received a rule entitled ‘‘Airworthiness Directives; EC–5408. A communication from the Acting in the Office of the President of the Senate Bombardier Inc., Airplanes’’ ((RIN2120–AA64) Deputy Assistant Administrator for Regu- on March 6, 2012; to the Committee on Com- (Docket No. FAA–2011–1092)) received in the latory Programs, National Marine Fisheries merce, Science, and Transportation. Office of the President of the Senate on Service, Department of Commerce, transmit- EC–5416. A communication from the Senior March 12, 2012; to the Committee on Com- ting, pursuant to law, the report of a rule en- Program Analyst, Federal Aviation Adminis- merce, Science, and Transportation. titled ‘‘Fisheries of the Exclusive Economic tration, Department of Transportation, EC–5425. A communication from the Senior Zone Off Alaska; Community Development transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- Quota Program’’ (RIN0648–AV33) received in a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, the Office of the President of the Senate on Eclipse Aerospace, Inc. Airplanes Equipped transmitting, pursuant to law, the report of March 2, 2012; to the Committee on Com- with Pratt and Whitney Canada, Corp. a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. PW610F-A Engines’’ ((RIN2120–AA64) (Docket The Boeing Company Airplanes’’ ((RIN2120– EC–5409. A communication from the Acting No. FAA–2011–0199)) received in the Office of AA64) (Docket No. FAA–2011–0571)) received Deputy Assistant Administrator for Regu- the President of the Senate on March 6, 2012; in the Office of the President of the Senate latory Programs, National Marine Fisheries to the Committee on Commerce, Science, on March 12, 2012; to the Committee on Com- Service, Department of Commerce, transmit- and Transportation. merce, Science, and Transportation. ting, pursuant to law, the report of a rule en- EC–5417. A communication from the Senior EC–5426. A communication from the Senior titled ‘‘Fisheries of the Exclusive Economic Program Analyst, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- Zone Off Alaska; Chinook Salmon Bycatch tration, Department of Transportation, tration, Department of Transportation, Management in the Bering Sea Pollock Fish- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of ery; Economic Data Collection’’ (RIN0648– a rule entitled ‘‘Part 95 Instrument Flight a rule entitled ‘‘Airworthiness Directives; BA80) received in the Office of the President Rules (4); Amdt. No. 498’’ (RIN2120–AA63) re- Fokker Services B.V. Airplanes’’ ((RIN2120– of the Senate on March 2, 2012; to the Com- ceived in the Office of the President of the AA64) (Docket No. FAA–2011–1067)) received mittee on Commerce, Science, and Transpor- Senate on March 6, 2012; to the Committee in the Office of the President of the Senate tation. on Commerce, Science, and Transportation. on March 12, 2012; to the Committee on Com- EC–5410. A communication from the Acting EC–5418. A communication from the Trial merce, Science, and Transportation. Deputy Assistant Administrator for Regu- Attorney, Federal Railroad Administration, EC–5427. A communication from the Senior latory Programs, National Marine Fisheries Department of Transportation, transmitting, Program Analyst, Federal Aviation Adminis- Service, Department of Commerce, transmit- pursuant to law, the report of a rule entitled tration, Department of Transportation, ting, pursuant to law, the report of a rule en- ‘‘Conductor Certification’’ (RIN2130–AC36) transmitting, pursuant to law, the report of titled ‘‘Fisheries of the Caribbean, Gulf of received in the Office of the President of the a rule entitled ‘‘Airworthiness Directives; Mexico, and South Atlantic; Comprehensive Senate on March 12, 2012; to the Committee DASSAULT AVIATION Airplanes’’ Ecosystem-Based Amendment 2 for the on Commerce, Science, and Transportation. ((RIN2120–AA64) (Docket No. FAA–2011–1166)) South Atlantic Region; Correction’’ EC–5419. A communication from the Senior received in the Office of the President of the (RIN0648–BB26) received in the Office of the Program Analyst, Federal Aviation Adminis- Senate on March 12, 2012; to the Committee President of the Senate on March 2, 2012; to tration, Department of Transportation, on Commerce, Science, and Transportation. the Committee on Commerce, Science, and transmitting, pursuant to law, the report of EC–5428. A communication from the Senior Transportation. a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- EC–5411. A communication from the Acting Rolls Royce plc (RR) RB211–Trent 800 Series tration, Department of Transportation, Deputy Assistant Administrator for Regu- Turbofan Engines’’ ((RIN2120–AA64) (Docket transmitting, pursuant to law, the report of latory Programs, National Marine Fisheries No. FAA–2010–0755)) received in the Office of a rule entitled ‘‘Airworthiness Directives; Service, Department of Commerce, transmit- the President of the Senate on March 12, Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) ting, pursuant to law, the report of a rule en- 2012; to the Committee on Commerce, (Docket No. FAA–2011–1227)) received in the titled ‘‘Fisheries of the Caribbean, Gulf of Science, and Transportation. Office of the President of the Senate on Mexico, and South Atlantic; Reef Fish Fish- EC–5420. A communication from the Senior March 12, 2012; to the Committee on Com- ery of the Gulf of Mexico; Amendment 32’’ Program Analyst, Federal Aviation Adminis- merce, Science, and Transportation. (RIN0648–AY56) received in the Office of the tration, Department of Transportation, EC–5429. A communication from the Senior President of the Senate on March 2, 2012; to transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- the Committee on Commerce, Science, and a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, Transportation. Lycoming Engines Reciprocating Engines’’ transmitting, pursuant to law, the report of EC–5412. A communication from the Acting ((RIN2120–AA64) (Docket No. FAA–2011–0533)) a rule entitled ‘‘Airworthiness Directives; Deputy Assistant Administrator for Regu- received in the Office of the President of the The Boeing Company Airplanes’’ ((RIN2120– latory Programs, National Marine Fisheries Senate on March 12, 2012; to the Committee AA64) (Docket No. FAA–2006–25001)) received Service, Department of Commerce, transmit- on Commerce, Science, and Transportation. in the Office of the President of the Senate ting, pursuant to law, the report of a rule en- EC–5421. A communication from the Senior on March 12, 2012; to the Committee on Com- titled ‘‘Fisheries of the Northeastern United Program Analyst, Federal Aviation Adminis- merce, Science, and Transportation. States; Northeast Multispecies Fishery; Gulf tration, Department of Transportation, EC–5430. A communication from the Senior of Maine Winter Flounder Catch Limit Revi- transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- sions’’ (RIN0648–XA913) received in the Office a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, of the President of the Senate on March 2, Various Transport Category Airplanes’’ transmitting, pursuant to law, the report of 2012; to the Committee on Commerce, ((RIN2120–AA64) (Docket No. FAA–2010–0956)) a rule entitled ‘‘Airworthiness Directives; Science, and Transportation. received in the Office of the President of the Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) EC–5413. A communication from the Senior Senate on March 12, 2012; to the Committee (Docket No. FAA–2011–0994)) received in the Program Analyst, Federal Aviation Adminis- on Commerce, Science, and Transportation. Office of the President of the Senate on tration, Department of Transportation, EC–5422. A communication from the Senior March 12, 2012; to the Committee on Com- transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- merce, Science, and Transportation. a rule entitled ‘‘Standard Instrument Ap- tration, Department of Transportation, EC–5431. A communication from the Senior proach Procedures; Miscellaneous Amend- transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- ments (29); Amdt. No. 3461’’ (RIN2120–AA65) a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, received in the Office of the President of the Turbomeca S.A. Turboshaft Engines’’ transmitting, pursuant to law, the report of Senate on March 6, 2012; to the Committee ((RIN2120–AA64) (Docket No. FAA–2009–0889)) a rule entitled ‘‘Airworthiness Directives; 328 on Commerce, Science, and Transportation. received in the Office of the President of the Support Services GmbH (Type Certificate EC–5414. A communication from the Senior Senate on March 12, 2012; to the Committee Previously Held by AvCraft Aerospace Program Analyst, Federal Aviation Adminis- on Commerce, Science, and Transportation. GmbH; Fairchild Dornier GmbH; Dornier

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Luftfahrt GmbH) Airplanes’’ ((RIN2120–AA64) ((RIN2120–AA64) (Docket No. FAA–2011–0946)) RUBIO, Mr. PAUL, Mr. TOOMEY, Mr. (Docket No. FAA–2011–0912) received in the received in the Office of the President of the WICKER, Mr. SESSIONS, Mr. VITTER, Office of the President of the Senate on Senate on March 12, 2012; to the Committee Mr. LEE, Mr. MCCONNELL, Ms. March 12, 2012; to the Committee on Com- on Commerce, Science, and Transportation. AYOTTE, Mr. BARRASSO, Mr. BLUNT, merce, Science, and Transportation. EC–5440. A communication from the Senior Mr. BOOZMAN, Mr. BURR, Mr. CHAM- EC–5432. A communication from the Senior Program Analyst, Federal Aviation Adminis- BLISS, Mr. COCHRAN, Mr. COATS, Mr. Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, CRAPO, Mr. DEMINT, Mr. ENZI, Mr. tration, Department of Transportation, transmitting, pursuant to law, the report of GRAHAM, Mr. CORNYN, Mr. GRASSLEY, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Mr. COBURN, Mr. HOEVEN, Mr. INHOFE, a rule entitled ‘‘Airworthiness Directives; Rolls-Royce plc Turbofan Engines’’ Mr. ISAKSON, Mr. JOHANNS, Mr. Rolls-Royce plc (RR) RB211-535 Series Tur- ((RIN2120–AA64) (Docket No. FAA–2012–0004)) HATCH, Mr. KIRK, Mr. KYL, Mr. bofan Engine’’ ((RIN2120–AA64) (Docket No. received in the Office of the President of the LUGAR, Mr. JOHNSON of Wisconsin, FAA–2009–0994)) received in the Office of the Senate on March 12, 2012; to the Committee Mr. RISCH, Mr. ROBERTS, and Mr. President of the Senate on March 12, 2012; to on Commerce, Science, and Transportation. ALEXANDER): the Committee on Commerce, Science, and S. 2221. A bill to prohibit the Secretary of f Transportation. Labor from finalizing a proposed rule under EC–5433. A communication from the Senior INTRODUCTION OF BILLS AND the Fair Labor Standards Act of 1938 relating Program Analyst, Federal Aviation Adminis- JOINT RESOLUTIONS to child labor; to the Committee on Health, tration, Department of Transportation, Education, Labor, and Pensions. transmitting, pursuant to law, the report of The following bills and joint resolu- By Mr. SANDERS (for himself, Mr. a rule entitled ‘‘Airworthiness Directives; tions were introduced, read the first BLUMENTHAL, Mr. CARDIN, Ms. KLO- Lycoming Engines Reciprocating Engines’’ and second times by unanimous con- BUCHAR, Mr. FRANKEN, Mr. NELSON of ((RIN2120–AA64) (Docket No. FAA–2011–0691)) sent, and referred as indicated: Florida, Mr. BROWN of Ohio, and Mrs. received in the Office of the President of the FEINSTEIN): By Mr. DURBIN (for himself, Mr. BOOZ- Senate on March 12, 2012; to the Committee S. 2222. A bill to require the Commodity MAN, and Mr. COONS): on Commerce, Science, and Transportation. Futures Trading Commission to take certain S. 2215. A bill to create jobs in the United EC–5434. A communication from the Senior actions to reduce excessive speculation in States by increasing United States exports Program Analyst, Federal Aviation Adminis- energy markets; to the Committee on Agri- to Africa by at least 200 percent in real dol- tration, Department of Transportation, culture, Nutrition, and Forestry. lar value within 10 years, and for other pur- transmitting, pursuant to law, the report of By Mr. GRAHAM (for himself, Mr. poses; to the Committee on Foreign Rela- a rule entitled ‘‘Airworthiness Directives; COCHRAN, Mr. WICKER, Mr. BURR, and tions. Thielert Aircraft Engines GmbH Recipro- Mr. SHELBY): By Mr. MERKLEY (for himself and Mr. cating Engines’’ ((RIN2120–AA64) (Docket No. S.J. Res. 38. A joint resolution dis- LUGAR): FAA–2011–0956)) received in the Office of the approving a rule submitted by the Depart- S. 2216. A bill to amend the Farm Security President of the Senate on March 12, 2012; to ment of Labor relating to the certification of and Rural Investment Act of 2002 to author- the Committee on Commerce, Science, and nonimmigrant workers in temporary or sea- ize the Secretary of Agriculture to make Transportation. sonal nonagricultural employment; to the EC–5435. A communication from the Senior loans to certain entities that will use the Committee on the Judiciary. funds to make loans to consumers to imple- Program Analyst, Federal Aviation Adminis- f tration, Department of Transportation, ment cost-effective energy efficiency meas- transmitting, pursuant to law, the report of ures to promote energy cost savings and SUBMISSION OF CONCURRENT AND a rule entitled ‘‘Airworthiness Directives; rural development; to the Committee on Ag- SENATE RESOLUTIONS Superior Air Parts, Lycoming Engines (For- riculture, Nutrition, and Forestry. The following concurrent resolutions merly Textron Lycoming), and Continental By Mr. GRASSLEY (for himself, Mr. JOHNSON of South Dakota, Mr. BROWN and Senate resolutions were read, and Motors, Inc., Fuel-Injected Reciprocating referred (or acted upon), as indicated: Engines’’ ((RIN2120–AA64) (Docket No. FAA– of Ohio, Mrs. GILLIBRAND, Mr. ENZI, 2011–0547)) received in the Office of the Presi- Mr. NELSON of Nebraska, and Mr. By Mr. WHITEHOUSE (for himself and dent of the Senate on March 12, 2012; to the HARKIN): Mr. KERRY): S. Res. 401. A resolution expressing appre- Committee on Commerce, Science, and S. 2217. A bill to amend the Food Security ciation for Foreign Service and Civil Service Transportation. Act of 1985 to restore integrity to and EC–5436. A communication from the Senior strengthen payment limitation rules for professionals who represent the United Program Analyst, Federal Aviation Adminis- commodity payments and benefits; to the States around the globe; to the Committee on Foreign Relations. tration, Department of Transportation, Committee on Agriculture, Nutrition, and By Mr. COONS (for himself, Mr. transmitting, pursuant to law, the report of Forestry. INHOFE, Mr. LIEBERMAN, Mr. MENEN- a rule entitled ‘‘Airworthiness Directives; By Mr. LIEBERMAN (for himself, Ms. DEZ, Mr. HATCH, Mr. DURBIN, Mr. General Electric Company Turbofan En- COLLINS, Mr. CARPER, Mr. MCCAIN, LEAHY, Mr. SCHUMER, Mr. AKAKA, gines’’ ((RIN2120–AA64) (Docket No. FAA– and Mr. BROWN of Massachusetts): Mrs. MURRAY, Mr. WHITEHOUSE, Mr. 2010–0068)) received in the Office of the Presi- S. 2218. A bill to reauthorize the United TESTER, Mr. NELSON of Nebraska, Mr. dent of the Senate on March 12, 2012; to the States Fire Administration, and for other FRANKEN, Ms. LANDRIEU, Mr. REED, Committee on Commerce, Science, and purposes; to the Committee on Homeland Se- Mr. MORAN, Mr. GRAHAM, Mr. LEVIN, Transportation. curity and Governmental Affairs. EC–5437. A communication from the Senior By Mr. WHITEHOUSE (for himself, Mr. Ms. COLLINS, Mr. ISAKSON, Mrs. FEIN- Program Analyst, Federal Aviation Adminis- FRANKEN, Mr. SCHUMER, Mr. BENNET, STEIN, Mr. MCCAIN, Mr. BEGICH, Mrs. tration, Department of Transportation, Mr. MERKLEY, Mrs. SHAHEEN, Mr. BOXER, Mr. WICKER, Mr. BROWN of transmitting, pursuant to law, the report of UDALL of New Mexico, Mr. WYDEN, Ohio, Mr. LAUTENBERG, Mr. MERKLEY, a rule entitled ‘‘Airworthiness Directives; Mr. SANDERS, Mr. BEGICH, Mrs. MUR- Mr. COATS, Mr. CARDIN, Mr. CORNYN, Honeywell International Inc. TPE331–10 and RAY, Mr. MENENDEZ, Mr. LEVIN, Mr. and Mr. BLUNT): S. Res. 402. A resolution condemning Jo- TPE331–11 Series Turboprop Engines’’ KERRY, Mr. BINGAMAN, Mrs. BOXER, seph Kony and the Lord’s Resistance Army ((RIN2120–AA64) (Docket No. FAA–2011–0789)) Mr. HARKIN, Mr. LEAHY, Ms. STABE- for committing crimes against humanity and received in the Office of the President of the NOW, Mr. ROCKEFELLER, Mrs. GILLI- mass atrocities, and supporting ongoing ef- Senate on March 12, 2012; to the Committee BRAND, Mr. REED, Mr. BLUMENTHAL, forts by the United States Government and on Commerce, Science, and Transportation. Mr. DURBIN, Ms. KLOBUCHAR, Mr. governments in central Africa to remove Jo- EC–5438. A communication from the Senior COONS, Mr. CARDIN, Mr. UDALL of Col- seph Kony and Lord’s Resistance Army com- Program Analyst, Federal Aviation Adminis- orado, Mr. BROWN of Ohio, Mr. WEBB, manders from the battlefield; to the Com- tration, Department of Transportation, Mr. CONRAD, Mrs. MCCASKILL, Mr. mittee on Foreign Relations. transmitting, pursuant to law, the report of CASEY, Mr. AKAKA, Mr. LAUTENBERG, By Mr. REID (for himself and Mr. a rule entitled ‘‘Airworthiness Directives; Mrs. FEINSTEIN, and Ms. LANDRIEU): S. 2219. A bill to amend the Federal Elec- MCCONNELL): Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) S. Res. 403. A resolution to authorize testi- tion Campaign Act of 1971 to provide for ad- (Docket No. FAA–2012–0037)) received in the mony, document production, and legal rep- ditional disclosure requirements for corpora- Office of the President of the Senate on resentation in United States v. Richard F. tions, labor organizations, Super PACs and March 12, 2012; to the Committee on Com- ‘‘Dickie’’ Scruggs; considered and agreed to. merce, Science, and Transportation. other entities, and for other purposes; to the EC–5439. A communication from the Senior Committee on Rules and Administration. f Program Analyst, Federal Aviation Adminis- By Mr. LEVIN: ADDITIONAL COSPONSORS tration, Department of Transportation, S. 2220. A bill for the relief of Momo Krcic; transmitting, pursuant to law, the report of to the Committee on the Judiciary. S. 102 a rule entitled ‘‘Airworthiness Directives; By Mr. THUNE (for himself, Mr. At the request of Mr. MCCAIN, the CFM International, S.A. Turbofan Engines’’ MORAN, Mr. MCCAIN, Mr. TESTER, Mr. name of the Senator from Florida (Mr.

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.045 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1933 RUBIO) was added as a cosponsor of S. (Mr. COBURN) was added as a cosponsor SEC. 2. FINDINGS; PURPOSE. 102, a bill to provide an optional fast- of S. 2165, a bill to enhance strategic (a) FINDINGS.—Congress makes the fol- track procedure the President may use cooperation between the United States lowing findings: when submitting rescission requests, and Israel, and for other purposes. (1) Export growth helps United States busi- and for other purposes. S. 2201 ness grow and create American jobs. In 2010, 60 percent of American exports came from S. 418 At the request of Mr. GRASSLEY, the small- and medium-sized businesses. At the request of Mr. MCCONNELL, his name of the Senator from Oregon (Mr. name was added as a cosponsor of S. (2) On January 31, 2011, the President man- MERKLEY) was added as a cosponsor of dated an executive review across agencies to 418, a bill to award a Congressional S. 2201, a bill to amend the Internal Gold Medal to the World War II mem- determine where the United States Govern- Revenue Code of 1986 to extend the re- ment could become more competitive and bers of the Civil Air Patrol. newable energy credit. helpful to business, including help with pro- S. 1039 S. 2204 moting exports. At the request of Mr. CARDIN, the (3) Several United States Government At the request of Mr. MENENDEZ, the names of the Senator from Ohio (Mr. agencies are involved in export promotion. names of the Senator from Michigan BROWN) and the Senator from Utah Coordination of the efforts of these agencies (Ms. STABENOW), the Senator from New (Mr. LEE) were added as cosponsors of through the Trade Promotion Coordinating S. 1039, a bill to impose sanctions on York (Mr. SCHUMER), the Senator from Committee lacks sufficient strategic imple- persons responsible for the detention, Illinois (Mr. DURBIN), the Senator from mentation and accountability. abuse, or death of Sergei Magnitsky, Florida (Mr. NELSON), the Senator from (4) Many other countries have trade pro- motion programs that aggressively compete for the conspiracy to defraud the Rus- Missouri (Mrs. MCCASKILL), the Sen- against United States exports in Africa and sian Federation of taxes on corporate ator from Minnesota (Mr. FRANKEN), the Senator from Rhode Island (Mr. around the world. For example, in 2010, profits through fraudulent transactions medium- and long-term official export credit REED) and the Senator from New and lawsuits against Hermitage, and general volumes from the Group of 7 coun- Hampshire (Mrs. SHAHEEN) were added for other gross violations of human tries (Canada, France, Germany, Italy, rights in the Russian Federation, and as cosponsors of S. 2204, a bill to elimi- Japan, the United Kingdom, and the United for other purposes. nate unnecessary tax subsidies and pro- States) totaled $65,400,000,000. Germany pro- mote renewable energy and energy con- S. 1086 vided the largest level of support at servation. $22,500,000,000, followed by France at At the request of Mr. HARKIN, the names of the Senator from North Caro- S. 2213 $17,400,000,000 and the United States at $13,000,000,000. Official export credit support At the request of Mr. LUGAR, his lina (Mr. BURR) and the Senator from by emerging market economies such as name was withdrawn as a cosponsor of Pennsylvania (Mr. CASEY) were added Brazil, China, and India are significant as as cosponsors of S. 1086, a bill to reau- S. 2213, a bill to allow reciprocity for well. thorize the Special Olympics Sport and the carrying of certain concealed fire- (5) Between 2008 and 2010, China alone pro- Empowerment Act of 2004, to provide arms. vided more than $110,000,000,000 in loans to assistance to Best Buddies to support At the request of Mr. THUNE, the the developing world, and, in 2009, China sur- the expansion and development of men- names of the Senator from Kansas (Mr. passed the United States as the leading trade toring programs, and for other pur- MORAN) and the Senator from Kansas partner of African countries. The Export-Im- poses. (Mr. ROBERTS) were added as cospon- port Bank of the United States substantially increased lending to United States busi- S. 1129 sors of S. 2213, supra. nesses focused on Africa from $400,000,000 in At the request of Mr. BARRASSO, the S. RES. 356 2009 to an anticipated $1,000,000,000 in 2011, names of the Senator from Utah (Mr. At the request of Mrs. FEINSTEIN, the but the Export-Import Bank of China LEE) and the Senator from North Da- name of the Senator from Vermont dwarfed this effort with an estimated kota (Mr. HOEVEN) were added as co- (Mr. LEAHY) was added as a cosponsor $12,000,000,000 worth of financing. sponsors of S. 1129, a bill to amend the of S. Res. 356, a resolution expressing (6) Other countries such as India, Turkey, Federal Land Policy and Management support for the people of Tibet. Russia, and Brazil are also aggressively seek- ing markets in Africa using their national Act of 1976 to improve the management S. RES. 397 export banks to provide concessional assist- of grazing leases and permits, and for At the request of Mr. COONS, the other purposes. ance. name of the Senator from Pennsyl- (7) The Chinese practice of concessional fi- S. 1366 vania (Mr. CASEY) was added as a co- nancing runs contrary to the principles of At the request of Ms. CANTWELL, the sponsor of S. Res. 397, a resolution pro- the Organization of Economic Co-operation name of the Senator from Montana moting peace and stability in Sudan, and Development related to open market (Mr. TESTER) was added as a cosponsor and for other purposes. rates, undermines naturally competitive of S. 1366, a bill to amend the Internal rates, and can allow governments in Africa Revenue Code of 1986 to broaden the f to overlook the troubling record on labor special rules for certain governmental STATEMENTS ON INTRODUCED practices, human rights, and environmental plans under section 105(j) to include BILLS AND JOINT RESOLUTIONS impact. (8) The African continent is undergoing a plans established by political subdivi- By Mr. DURBIN (for himself, Mr. sions. period of rapid growth and middle class de- BOOZMAN, and Mr. COONS): velopment, as seen from major indicators S. 2090 S. 2215. A bill to create jobs in the such as Internet use and clean water access. At the request of Mr. AKAKA, the United States by increasing United In 2000, only 6.7 percent of the population of name of the Senator from Alaska (Mr. States exports to Africa by at least 200 Africa had access to the Internet. In 2009, 27.1 BEGICH) was added as a cosponsor of S. percent in real dollar value within 10 percent of the population had Internet ac- 2090, a bill to amend the Indian Law years, and for other purposes; to the cess. Seventy-eight percent of Africa’s rural Enforcement Reform Act to extend the population now has access to clean water. Committee on Foreign Relations. (9) Economists have designated Africa as period of time provided to the Indian Mr. DURBIN. Mr. President, I ask Law and Order Commission to produce the ‘‘next frontier market’’, with profit- unanimous consent that the text of the ability and growth rates among many Afri- a required report, and for other pur- bill be printed in the RECORD. can firms exceeding global averages in re- poses. There being no objection, the text of cent years. Countries in Africa have a collec- S. 2122 the bill was ordered to be printed in tive spending power of almost $9,000,000,000 At the request of Mr. PAUL, the name the RECORD, as follows: and a gross domestic product of $1,600,000,000,000, which are projected to dou- of the Senator from Florida (Mr. S. 2215 RUBIO) was added as a cosponsor of S. ble in the next 10 years. Be it enacted by the Senate and House of Rep- (10) Sub-Saharan Africa is projected to 2122, a bill to clarify the definition of resentatives of the United States of America in navigable waters, and for other pur- have the fastest growing economies in the Congress assembled, world over the next 5 years, with 7 of the 10 poses. SECTION 1. SHORT TITLE. fastest growing economies located in sub-Sa- S. 2165 This Act may be cited as the ‘‘Increasing haran Africa. At the request of Mrs. BOXER, the American Jobs Through Greater Exports to (11) When countries such as China assist name of the Senator from Oklahoma Africa Act of 2012’’. with large-scale government projects, they

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.034 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1934 CONGRESSIONAL RECORD — SENATE March 21, 2012 also gain an upper hand in relations with Af- the President shall establish a comprehen- (B) has been successful in increasing the rican leaders and access to valuable com- sive United States strategy for public and competitiveness of United States businesses modities such as oil and copper, typically private investment, trade, and development in Africa; without regard to environmental, human in Africa. (C) has been successful in creating jobs in rights, labor, or governance standards. the United States, including the nature and (b) FOCUS OF STRATEGY.—The strategy re- (12) Unless the United States can offer sustainability of such jobs; quired by subsection (a) shall focus on— competitive financing for its firms in Africa, (D) has provided sufficient United States (1) increasing exports of United States it will be deprived of opportunities to par- Government support to meet third country goods and services to Africa by 200 percent in ticipate in African efforts to close the con- competition in the region; real dollar value within 10 years from the tinent’s significant infrastructure gap that (E) has been successful in helping the Afri- date of the enactment of this Act; amounts to an estimated $100,000,000,000. can diaspora in the United States participate (2) coordinating United States commercial (b) PURPOSE.—The purpose of this Act is to in economic growth in Africa; interests with development priorities in Af- create jobs in the United States by expand- (F) has been successful in promoting eco- rica; ing programs that will result in increasing nomic integration in Africa; and (3) developing relationships between the United States exports to Africa by 200 per- (G) has made a meaningful contribution to governments of countries in Africa and cent in real dollar value within 10 years. the transformation of Africa and its full in- United States businesses that have an exper- tegration into the twenty-first century SEC. 3. DEFINITIONS. tise in such issues as infrastructure develop- world economy, not only as a supplier of pri- In this Act: ment, technology, telecommunications, en- mary products but also as full participant in (1) AFRICA.—The term ‘‘Africa’’ refers to ergy, and agriculture; international supply and distribution chains. the entire continent of Africa and its 54 (4) improving the competitiveness of countries, including the Republic of South United States businesses in Africa, including SEC. 5. SPECIAL AFRICA STRATEGY COORDI- Sudan. the role the African diaspora can play in en- NATOR. The President shall designate an individual (2) AFRICAN DIASPORA.—The term ‘‘African hancing such competitiveness; to serve as Special Africa Export Strategy diaspora’’ means the people of African origin (5) exploring ways that African diaspora Coordinator— living in the United States, irrespective of remittances can help governments in Africa (1) to oversee the development and imple- their citizenship and nationality, who are tackle economic, development, and infra- mentation of the strategy required by sec- willing to contribute to the development of structure financing needs; tion 4; and Africa. (6) promoting economic integration in Af- (2) to coordinate with the Trade Promotion (3) AGOA.—The term ‘‘AGOA’’ means the rica through working with the subregional Coordinating Committee, (the interagency African Growth and Opportunity Act (19 economic communities, supporting efforts AGOA committees), and development agen- U.S.C. 3701 et seq.). for deeper integration through the develop- cies with respect to developing and imple- (4) APPROPRIATE CONGRESSIONAL COMMIT- ment of customs unions within western and menting the strategy. TEES.—The term ‘‘appropriate congressional central Africa and within eastern and south- committees’’ means— ern Africa, eliminating time-consuming bor- SEC. 6. TRADE MISSION TO AFRICA. (A) the Committee on Appropriations, the der formalities into and within these areas, It is the sense of Congress that, not later Committee on Banking, Housing, and Urban and supporting regionally based infrastruc- than 1 year after the date of the enactment Affairs, and the Committee on Foreign Rela- ture projects; of this Act, the Secretary of Commerce and tions of the Senate; and (7) encouraging a greater understanding other high-level officials of the United (B) the Committee on Appropriations, the among United States business and financial States Government with responsibility for Committee on Energy and Commerce, the communities of the opportunities Africa export promotion, financing, and develop- Committee on Financial Services, the Com- holds for United States exports; and ment should conduct a joint trade mission to mittee on Foreign Affairs, and the Com- (8) monitoring— Africa. mittee on Ways and Means of the House of (A) market loan rates and the availability SEC. 7. PERSONNEL. Representatives. of capital for United States business invest- (a) UNITED STATES AND FOREIGN COMMER- (5) DEVELOPMENT AGENCIES.—The term ‘‘de- ment in Africa; CIAL SERVICE.— velopment agencies’’ includes the Depart- (B) loan rates offered by the governments (1) IN GENERAL.—As soon as practicable ment of State, including the United States of other countries for investment in Africa; after the date of the enactment of this Act, Agency for International Development and the Secretary of Commerce shall ensure that (USAID), the Millennium Challenge Corpora- (C) the policies of other countries with re- not less than 14 total United States and For- tion (MCC), the Overseas Private Investment spect to export financing for investment in eign Commercial Service officers are as- Corporation (OPIC), and the United States Africa that are predatory or distort markets. signed to Africa. Trade and Development Agency (USTDA). (2) ASSIGNMENT.—The Secretary shall, in (c) CONSULTATIONS.—In developing the (6) TRADE POLICY STAFF COMMITTEE.—The consultation with the Trade Promotion Co- strategy required by subsection (a), the term ‘‘Trade Policy Staff Committee’’ means ordinating Committee and the Special Africa President shall consult with— the Trade Policy Staff Committee estab- Export Strategy Coordinator, assign the (1) Congress; lished pursuant to section 2002.2 of title 15, United States and Foreign Commercial Serv- (2) each agency that is a member of the Code of Federal Regulations, and is com- ice officers described in paragraph (1) to Trade Promotion Coordinating Committee; posed of representatives of Federal agencies United States embassies in Africa. (3) the multilateral development banks; in charge of developing and coordinating (3) MULTILATERAL DEVELOPMENT BANKS.— (4) each agency that participates in the United States positions on international (A) IN GENERAL.—As soon as practicable Trade Policy Staff Committee; trade and trade-related investment issues. after the date of the enactment of this Act, (5) the President’s National Export Coun- (7) MULTILATERAL DEVELOPMENT BANKS.— the Secretary of Commerce shall assign not cil; The term ‘‘multilateral development banks’’ less than 1 full-time United States and For- (6) each of the development agencies; has the meaning given that term in section eign Commercial Service officer to the office (7) any other Federal agencies with respon- 1701(c)(4) of the International Financial In- of the United States Executive Director at sibility for export promotion or financing stitutions Act (22 U.S.C. 262r(c)(4)) and in- each multilateral development bank. and development; and cludes the African Development Foundation. (B) RESPONSIBILITIES.—Each United States (8) the private sector, including businesses, (8) SUB-SAHARAN REGION.—The term ‘‘sub- and Foreign Commercial Service officer as- nongovernmental organizations, and African Saharan region’’ refers to the 49 countries signed under subparagraph (A) shall be re- diaspora groups. listed in section 107 of the African Growth sponsible for— and Opportunity Act (19 U.S.C. 3706) and in- (d) SUBMISSION TO CONGRESS.— (i) increasing the access of United States cludes the Republic of South Sudan. (1) STRATEGY.—Not later than 180 days businesses to procurement contracts with (9) TRADE PROMOTION COORDINATING COM- after the date of the enactment of this Act, the multilateral development bank to which MITTEE.—The term ‘‘Trade Promotion Co- the President shall submit to Congress the the officer is assigned; and ordinating Committee’’ means the Trade strategy required by subsection (a). (ii) facilitating the access of United States Promotion Coordinating Committee estab- (2) PROGRESS REPORT.—Not later than 3 businesses to risk insurance, equity invest- lished by Executive Order 12870 (58 Fed. Reg. years after the date of the enactment of this ments, consulting services, and lending pro- 51753). Act, the President shall submit to Congress vided by that bank. (10) UNITED STATES AND FOREIGN COMMER- a report on the implementation of the strat- (b) EXPORT-IMPORT BANK OF THE UNITED CIAL SERVICE.—The term ‘‘United States and egy required by subsection (a). STATES.—Of the amounts collected by the Foreign Commercial Service’’ means the (3) CONTENT OF REPORT.—The report re- Export-Import Bank that remain after pay- United States and Foreign Commercial Serv- quired by paragraph (2) shall include an as- ing the expenses the Bank is authorized to ice established by section 2301 of the Export sessment of the extent to which the strategy pay from such amounts for administrative Enhancement Act of 1988 (15 U.S.C. 4721). required by subsection (a)— expenses, the Bank shall use sufficient funds SEC. 4. STRATEGY. (A) has been successful in developing crit- to do the following: (a) IN GENERAL.—Not later than 180 days ical analyses of policies to increase exports (1) Assign, in consultation with the Trade after the date of the enactment of this Act, to Africa; Promotion Coordinating Committee and the

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.036 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1935 Special Africa Export Strategy Coordinator, plicable amount under paragraph (1)(F) has gional agreements that encourage trade and not less than 3 full-time employees of the been effective in increasing viable loans to eliminate nontariff barriers to trade between Bank to geographically appropriate field of- further United States exports, including to countries, such as negotiating investor fices in Africa. Africa. friendly double-taxation treaties and invest- (2) Increase the number of employees of the ‘‘(B) REPORT BY GAO.—The Comptroller ment promotion agreements. United States Bank assigned to United States field offices General of the United States shall conduct a negotiators in multilateral forum should of the Bank to not less than 30, to be distrib- study of the operations of the Bank and the take into account the objectives of this Act. uted as geographically appropriate through effectiveness of increasing the applicable To the extent any such agreements exist be- the United States. Such offices shall coordi- amount under this subsection. Not later than tween the United States and an African nate with the related export efforts under- 18 months after the date of the enactment of country, the Trade Representative shall en- taken by the Small Business Administration this Act, the Comptroller General shall sub- sure that the agreement is being imple- regional field offices. mit a report to Congress regarding the mented in a manner that maximizes the (3) Upgrade the Bank’s equipment and soft- Comptroller General’s determination on the positive effects for United States trade, ex- ware to more expeditiously, effectively, and effective use by the Bank of the increase in port, and labor interests as well as the eco- efficiently process and track applications for the applicable amount under this sub- nomic development of the countries in Afri- financing received by the Bank. section.’’. ca. (c) OVERSEAS PRIVATE INVESTMENT COR- (c) PERCENT TO BE USED FOR PROJECTS IN PORATION.— AFRICA.—Section 6(a) of the Export-Import By Mr. GRASSLEY (for himself, (1) STAFFING.—Of the net offsetting collec- Bank Act of 1945 (12 U.S.C. 635e(a)), as Mr. JOHNSON of South Dakota, tions collected by the Overseas Private In- amended by subsection (b), is amended by Mr. BROWN of Ohio, Mrs. GILLI- vestment Corporation used for administra- adding at the end the following: BRAND, Mr. ENZI, Mr. NELSON of tive expenses, the Corporation shall use suf- ‘‘(5) PERCENT OF INCREASE TO BE USED FOR Nebraska, and Mr. HARKIN): ficient funds to increase by not more than 5 PROJECTS IN AFRICA.—Not less than 25 per- S. 2217. A bill to amend the Food Se- the staff needed to promote stable and sus- cent of the amount by which the applicable curity Act of 1985 to restore integrity tainable economic growth and development amount under paragraph (1) is increased to and strengthen payment limitation in Africa, to strengthen and expand the pri- under paragraph (2) (F) or (G) over the appli- vate sector in Africa, and to facilitate the cable amount for fiscal year 2011 shall be rules for commodity payments and general economic development of Africa, used for loans, guarantees, and insurance for benefits; to the Committee on Agri- with a particular focus on helping United projects in Africa.’’. culture, Nutrition, and Forestry. States businesses expand into African mar- (d) AVAILABILITY OF PORTION OF CAPITAL- Mr. GRASSLEY. Mr. President, kets. IZATION TO COMPETE AGAINST FOREIGN today I am introducing the Rural (2) REPORT.—The Corporation shall report CONCESSIONAL LOANS.—Not less than America Preservation Act of 2012. I ap- to the appropriate congressional committees $250,000,000 of the total bank capitalization preciate Senators JOHNSON of South on whether recent technology upgrades have of the Export-Import Bank shall be available Dakota, ENZI, BROWN of Ohio, GILLI- resulted in more effective and efficient proc- annually for loans that counter below-mar- BRAND, HARKIN, and NELSON of Ne- essing and tracking of applications for fi- ket rate, preferential, tied aid, or other re- nancing received by the Corporation. lated non-market loans offered by other na- braska for joining on this bill, and in tions for which United States companies are this effort. SEC. 8. TRAINING. As the Senate Agriculture Com- The President shall develop a plan— also competing or interested in competing. (1) to standardize the training received by SEC. 10. TIED AID CREDIT FUND. mittee continues working on the next United States and Foreign Commercial Serv- (a) SENSE OF CONGRESS.—It is the sense of Farm Bill, one thing seems to be clear. ice officers, economic officers of the Depart- Congress that the Export-Import Bank The title one safety-net is going to ment of State, and economic officers of the should use its Tied Aid Credit Fund to ag- look quite different than current pro- United States Agency for International De- gressively help United States companies grams. It appears the direct payment velopment with respect to the programs and compete for projects in which a foreign gov- program may be done away with en- procedures of the Export-Import Bank of the ernment is using any type of below market, tirely. Some of my colleagues and agri- United States, the Overseas Private Invest- preferential, or tied aid loan. The Bank shall culture groups have proposed a variety ment Corporation, the Small Business Ad- make use of any loan products available, in- of new ideas as possible replacements ministration, and the United States Trade cluding pursuant to section 9(d), to counter and Development Agency; and these foreign offerings. to the current commodity title. (2) to ensure that, not later than 1 year (b) REPORT.—Not later than 1 year after No matter what commodity program after the date of the enactment of this Act— the date of the enactment of this Act, and we create, my bill sets the marker on (A) all United States and Foreign Commer- annually thereafter, the Export-Import Bank payment limitations. I introduced a cial Service officers that are stationed over- shall report to the appropriate congressional similar payment limits bill last year, seas receive the training described in para- committees if the Bank has not used at least but this bill should better address graph (1); and $220,000,000 in tied aid credit during the pre- whatever type of safety-net program (B) in the case of a country to which no ceding fiscal year. The report shall include— we adopt going forward. The premise United States and Foreign Commercial Serv- (1) a description of all requests for grants remains the same. We need firm pay- ice officer is assigned, any economic officer from the Tied-Aid Credit Fund or other simi- of the Department of State stationed in that lar funds (established under section 10 of the ment limit. We need to close loopholes. country shall receive that training. Export-Import Bank Act of 1945 (12 U.S.C. I support having a safety-net for SEC. 9. EXPORT-IMPORT BANK CAPITALIZATION. 635i–3)) received by the Bank during that fis- farmers. This nation enjoys a safe and (a) IN GENERAL.—Section 6(a)(2) of the Ex- cal year; abundant food supply. Certainly a lot port-Import Bank Act of 1945 (12 U.S.C. (2) a description of similar concessional of that can be attributed to the inge- 635e(a)(2)) is amended— (below market rate) loans made by other nuity and hard work of the American (1) in subparagraph (D), by striking ‘‘and’’; countries during that fiscal year; and farmer. But the farm safety-net helps (2) in subparagraph (E), by striking ‘‘2011,’’ (3) a description of any such grant requests small and medium-size farmers get and inserting ‘‘2011, $95,000,000,000;’’; and that were denied and the reason for such de- through tough times that are out of (3) by adding at the end the following: nial. their control. ‘‘(F) during fiscal year 2012 and each fiscal SEC. 11. SMALL BUSINESS ADMINISTRATION. We need an effective safety-net to as- year thereafter through fiscal year 2016, Section 22(b) of the Small Business Act (15 sist farmers. But equally important is $150,000,000,000; and U.S.C. 649(b)) is amended— ‘‘(G) subject to paragraph (4), during fiscal (1) in the matter preceding paragraph (1), for Congress to develop a defensible year 2017 and each fiscal year thereafter, by inserting ‘‘the Trade Promotion Coordi- safety-net. I will continue to work with $175,000,000,000.’’. nating Committee,’’ after ‘‘Director of the my Agriculture committee colleagues (b) SPECIAL RULE FOR INCREASE IN APPLICA- United States Trade and Development Agen- to figure out what type of program will BLE AMOUNT.—Section 6(a) of the Export-Im- cy,’’; and be most effective. port Bank Act of 1945 (12 U.S.C. 635e(a)) is (2) in paragraph (3), by inserting ‘‘regional But we already know the steps that amended by adding at the end the following: offices of the Export-Import Bank,’’ after need to be taken to make it more de- ‘‘(4) SPECIAL RULE FOR INCREASE IN APPLICA- ‘‘Retired Executives,’’. fensible. Defensible means setting firm BLE AMOUNT.— SEC. 12. BILATERAL, SUBREGIONAL AND RE- caps on the farm payments any one ‘‘(A) IN GENERAL.—Beginning in fiscal year GIONAL, AND MULTILATERAL farmer can receive. The current ap- 2017, and each fiscal year thereafter, the ap- AGREEMENTS. plicable amount under paragraph (1) shall be Where applicable, the United States Trade proach does not have any overall cap. $175,000,000,000, if the Comptroller General of Representative and officials of the Export- There is nothing wrong with farmers the United States determines pursuant to Import Bank shall explore opportunities to growing their operations. But big farm- subparagraph (B) that the increase in the ap- negotiate bilateral, subregional, and re- ers shouldn’t be using taxpayer dollars

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.036 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1936 CONGRESSIONAL RECORD — SENATE March 21, 2012 to get even bigger. When the largest 10 by anyone who wants an effective and Act of 2008 (7 U.S.C. 8702 et seq.) (or a suc- percent of farmers receive 70 percent of defensible farm safety-net. As the Sen- cessor provision). farm payments, something is wrong. ate Agriculture Committee heads to- ‘‘(d) SPOUSAL EQUITY.— There comes a point where some farms ward a mark-up of the Farm Bill, I in- ‘‘(1) IN GENERAL.—Notwithstanding sub- reach levels that allow them to weath- vite my Senate colleagues to join me sections (b) and (c), except as provided in er the tough financial times on their paragraph (2), if a person and the spouse of in supporting this bill. the person are covered by paragraph (2) and own. Smaller farms do not have the Mr. President, I ask unanimous con- receive, directly or indirectly, any payment same luxury, but they play a pivotal sent that the text of the bill be printed or gain covered by this section, the total role in producing this nation’s food. in the RECORD. amount of payments or gains (as applicable) If you want to witness how farm pay- There being no objection, the text of covered by this section that the person and ments to big farmers creates a barrier the bill was ordered to be printed in spouse may jointly receive during any crop for small and beginning farmers, look the RECORD, as follows: year may not exceed an amount equal to twice the applicable dollar amounts specified at land prices. The current system puts S. 2217 upward pressure on land prices making in subsections (b) and (c). Be it enacted by the Senate and House of Rep- ‘‘(2) EXCEPTIONS.— it more difficult for small and begin- resentatives of the United States of America in ning farmers to buy ground. This is not ‘‘(A) SEPARATE FARMING OPERATIONS.—In Congress assembled, the case of a married couple in which each unique to Iowa. This upward pressure SECTION 1. SHORT TITLE. spouse, before the marriage, was separately on land prices is occurring in many This Act may be cited as the ‘‘Rural Amer- engaged in an unrelated farming operation, other states. ica Preservation Act of 2012’’. each spouse shall be treated as a separate This bill proposes an overall cap of SEC. 2. PAYMENT LIMITATIONS. person with respect to a farming operation $250,000 for a married couple. In my Section 1001 of the Food Security of 1985 (7 brought into the marriage by a spouse, sub- State, many people would say this is U.S.C. 1308) is amended— ject to the condition that the farming oper- still too high. But I recognize that ag- (1) in subsection (a), by striking paragraph ation shall remain a separate farming oper- riculture can look different around the (3) and inserting the following: ation, as determined by the Secretary. country, and so this is a compromise. ‘‘(3) LEGAL ENTITY.— ‘‘(B) ELECTION TO RECEIVE SEPARATE PAY- Strong payment limits will ensure ‘‘(A) IN GENERAL.—The term ‘legal entity’ MENTS.—A married couple may elect to re- ceive payments separately in the name of farm payments are helping those who means— ‘‘(i) an organization that (subject to the re- each spouse if the total amount of payments payments were originally created for, quirements of this section and section 1001A) and benefits described in subsections (b) and the small and medium-size farmers. is eligible to receive a payment under a pro- (c) that the married couple receives, directly Having an overall cap is more defen- vision of law referred to in subsection (b), or indirectly, does not exceed an amount sible from a Federal budget standpoint (c), or (d); equal to twice the applicable dollar amounts as well. This Nation needs to make ‘‘(ii) a corporation, joint stock company, specified in those subsections.’’; tough decisions regarding all govern- association, limited partnership, limited li- (3) in paragraph (3)(B) of subsection (f), by ment programs. We need to find sav- ability company, limited liability partner- adding at the end the following: ings across the board. Setting strict ship, charitable organization, estate, irrev- ‘‘(iii) IRREVOCABLE TRUSTS.—In promul- gating regulations to define the term ‘legal caps on all commodity programs ocable trust, grantor of a revocable trust, or other similar entity (as determined by the entity’ as the term applies to irrevocable should be a no-brainer as we look to Secretary); and trusts, the Secretary shall ensure that irrev- find savings and increase account- ‘‘(iii) an organization that is participating ocable trusts are legitimate entities that ability in farm programs. Having a de- in a farming operation as a partner in a gen- have not been created for the purpose of fensible safety-net also means closing eral partnership or as a participant in a joint avoiding a payment limitation.’’; and loopholes in the current law. venture. (4) in subsection (h), in the second sen- For all the rhetoric that comes out of ‘‘(B) EXCLUSION.—The term ‘legal entity’ tence, by striking ‘‘or other entity’’ and in- Washington, D.C. about eliminating does not include a general partnership or serting ‘‘or legal entity’’. fraud, waste, and abuse, making sure joint venture.’’; SEC. 3. SUBSTANTIVE CHANGE; PAYMENTS LIM- non-farmers don’t game the system is a (2) by striking subsections (b) through (d) ITED TO ACTIVE FARMERS. common sense step to take. It’s simple, and inserting the following: The Food Security Act of 1985 is amended ‘‘(b) LIMITATION ON PAYMENTS FOR COVERED by striking section 1001A (7 U.S.C. 1308–1) and if you are not a farmer, you shouldn’t COMMODITIES.—The total amount of pay- inserting the following: get a farm payment. The bill I intro- ments received, directly or indirectly, by a duced last year, and this bill, has lan- person or legal entity for any crop year for ‘‘SEC. 1001A. SUBSTANTIVE CHANGE; PAYMENTS guage that closes the loopholes. 1 or more covered commodities (except for LIMITED TO ACTIVE FARMERS. After I introduced the bill last year, peanuts) under title I of the Food, Conserva- ‘‘(a) SUBSTANTIVE CHANGE.— we received some questions regarding tion, and Energy Act of 2008 (7 U.S.C. 8701 et ‘‘(1) IN GENERAL.—For purposes of the ap- the language from two camps of people. seq.) (or a successor provision) may not ex- plication of limitations under this section, The first camp of people I would say ceed $125,000, of which— the Secretary shall not approve any change were critical because they don’t want ‘‘(1) not more than $75,000 may consist of in a farming operation that otherwise would marketing loan gains and loan deficiency increase the number of persons or legal enti- the loopholes closed. They would have payments under subtitle B or C of title I of ties to which the limitations under this sec- us turn a blind eye to the fact people the Food, Conservation, and Energy Act of tion apply, unless the Secretary determines game the system. They would have us 2008 (7 U.S.C. 8731 et seq.) (or a successor pro- that the change is bona fide and substantive. turn a blind eye to the fact we have vision); and ‘‘(2) SEPARATE EQUIPMENT AND LABOR.—For nonfarmers who claim to help ‘‘man- ‘‘(2) not more than $50,000 may consist of the purpose of paragraph (1), any division of age’’ the farm by participating in one any other payments made for covered com- a farming operation into 2 or more units or two conference calls a year. To modities under title I of the Food, Conserva- under which the equipment and labor are not those people, I cannot satisfy your con- tion, and Energy Act of 2008 (7 U.S.C. 8702 et substantially separate shall not be consid- cerns. I will not turn a blind eye to seq.) (or a successor provision). ered bona fide and substantive. ‘‘(c) LIMITATION ON PAYMENTS FOR PEA- ‘‘(3) FAMILY MEMBERS.—For the purpose of abuses. These are loopholes that need NUTS.—The total amount of payments re- paragraph (1), the addition of a family mem- to be closed. ceived, directly or indirectly, by a person or ber to a farming operation under the criteria To the other camp of people, who legal entity for any crop year for peanuts established under subsection (b)(3)(B) shall have provided constructive feedback, I under title I of the Food, Conservation, and be considered to be a bona fide and sub- would say, we have listened. The revi- Energy Act of 2008 (7 U.S.C. 8701 et seq.) (or stantive change in the farming operation. sions we made addressed the issues a successor provision) may not exceed ‘‘(4) PRIMARY CONTROL.—To prevent a farm- raised. We have improved the language $125,000, of which— ing operation from reorganizing in a manner closing the loopholes. This bill pro- ‘‘(1) not more than $75,000 may consist of that is inconsistent with the purposes of this vides a tangible, workable, and fair ap- marketing loan gains and loan deficiency Act, the Secretary shall promulgate such proach. Closing these loopholes is the payments under subtitle B or C of title I of regulations as the Secretary determines to the Food, Conservation, and Energy Act of be necessary to simultaneously attribute right thing to do for the American tax- 2008 (7 U.S.C. 8731 et seq.) (or a successor pro- payments for a farming operation to more payer. It is the right thing to do for the vision); and than 1 person or legal entity, including the American farmer. ‘‘(2) not more than $50,000 may consist of person or legal entity that exercises primary Hard caps on farm payments and any other payments made for peanuts under control over the farming operation, includ- closing loopholes should be supported title I of the Food, Conservation, and Energy ing to respond to—

VerDate Mar 15 2010 05:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.020 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1937 ‘‘(A)(i) any instance in which ownership of joint venture, or similar entity (as deter- personal labor and, with respect to such con- a farming operation is transferred to a per- mined by the Secretary) separately makes a tribution, who meets the requirements of son or legal entity under an arrangement significant contribution (based on the total subclauses (II) and (III) of paragraph that provides for the sale or exchange of any value of the farming operation involved) of (2)(B)(i). asset or ownership interest in 1 or more legal capital, equipment, or land, the partners or ‘‘(C) SHARECROPPERS.—A sharecropper who entities at less than fair market value; and members making a significant contribution makes a significant contribution of personal ‘‘(ii) the transferor is provided preferential of personal labor or active personal manage- labor to the farming operation and, with re- rights to repurchase the asset or interest at ment and meeting the standards provided in spect to such contribution, who meets the less than fair market value; or subclauses (II) and (III) of subparagraph requirements of subclauses (II) and (III) of ‘‘(B) a sale or exchange of any asset or (B)(i) shall be considered to be actively en- paragraph (2)(B)(i), and who was receiving ownership interest in 1 or more legal entities gaged in farming with respect to the farming payments from the landowner as a share- under an arrangement under which rights to operation involved. cropper prior to the effective date of the exercise control over the asset or interest ‘‘(D) EQUIPMENT AND PERSONAL LABOR.—In Food, Conservation, and Energy Act of 2008 are retained, directly or indirectly, by the making determinations under this sub- (Public Law 110–246; 122 Stat. 1651). transferor. section regarding equipment and personal ‘‘(D) FARM MANAGERS.—A person who oth- ‘‘(b) PAYMENTS LIMITED TO ACTIVE FARM- labor, the Secretary shall take into consider- erwise meets the requirements of this sub- ERS.— ation the equipment and personal labor nor- section other than paragraph (2)(E) if— ‘‘(1) IN GENERAL.—To be eligible to receive, mally and customarily provided by farm op- ‘‘(i) the individual— directly or indirectly, payments or benefits erators in the area involved to produce pro- ‘‘(I)(aa) provides more than 50 percent of described as being subject to limitation in gram crops. the commensurate share of the total number subsection (b) or (c) of section 1001 with re- ‘‘(E) SIGNIFICANT CONTRIBUTION OF PER- of hours of active personal management re- spect to a particular farming operation, a SONAL LABOR OR ACTIVE PERSONAL MANAGE- quired to conduct the farming operation; and person or legal entity shall be actively en- MENT.— ‘‘(bb) is, with respect to the commensurate gaged in farming with respect to the farming ‘‘(i) IN GENERAL.—Subject to clause (ii), for share of the individual, the only party who is operation, in accordance with paragraphs (2), purposes of subparagraph (B), a person shall providing active personal management and (3), and (4). be considered to be providing, on behalf of who is at risk, other than a landlord, if any, ‘‘(2) GENERAL CLASSES ACTIVELY ENGAGED IN the person or a legal entity, a significant FARMING.— contribution of personal labor or active per- described in subparagraph (A); or ‘‘(A) DEFINITION OF ACTIVE PERSONAL MAN- sonal management, if the total contribution ‘‘(II)(aa) is the only individual qualifying AGEMENT.—In this paragraph, the term ‘ac- of personal labor and active personal man- the farming operation (including a sole pro- tive personal management’ means, with re- agement is at least equal to the lesser of— prietorship, legal entity, general partner- spect to a person, management duties car- ‘‘(I) 1,000 hours; or ship, or joint venture) as actively engaged in ried out by the person for a farming oper- ‘‘(II) a period of time equal to— farming; and ation that are personally provided by the ‘‘(aa) 50 percent of the commensurate share ‘‘(bb) qualifies only a single sole propri- person on a regular, continuous, and sub- of the total number of hours of personal etorship, legal entity, general partnership, stantial basis, including the supervision and labor or active personal management re- or joint venture as actively engaged in farm- direction of— quired to conduct the farming operation; or ing; ‘‘(i) activities and labor involved in the ‘‘(bb) in the case of a stockholder or mem- ‘‘(ii) the individual does not provide active farming operation; and ber (or household comprised of a stockholder personal management to meet the require- ‘‘(ii) onsite services directly related and or member and the spouse of the stockholder ments of this subsection for persons or legal necessary to the farming operation. or member) that owns at least 10 percent of entities that collectively receive, directly or ‘‘(B) ACTIVE ENGAGEMENT.—Except as pro- the beneficial interest in a legal entity in indirectly, an amount equal to more than vided in paragraph (3), for purposes of para- which all of the beneficial interests are held the applicable limits under subsections (b), graph (1), the following shall apply: by family members who do not collectively (c), and (d) of section 1001; and ‘‘(i) A person shall be considered to be ac- receive payments directly or indirectly, in- ‘‘(iii) the individual manages a farm oper- tively engaged in farming with respect to a cluding payments received by spouses, of ation that is not jointly managed with per- farming operation if— more than twice the applicable limit, 50 per- sons or legal entities that collectively re- ‘‘(I) the person makes a significant con- cent of the commensurate share of hours of ceive, directly or indirectly, an amount tribution, as determined under subparagraph the personal labor or active personal man- equal to more than the applicable limits (E) (based on the total value of the farming agement of all family members required to under subsections (b), (c), and (d) of section operation), to the farming operation of— conduct the farming operation. 1001. ‘‘(aa) capital, equipment, or land; and ‘‘(ii) MINIMUM LABOR HOURS.—For the pur- ‘‘(4) PERSONS AND LEGAL ENTITIES NOT AC- ‘‘(bb) personal labor or active personal pose of clause (i), the minimum number of TIVELY ENGAGED IN FARMING.—For the pur- management; labor hours required to produce a commodity poses of paragraph (1), except as provided in ‘‘(II) the share of the profits or losses of shall be equal to the number of hours that paragraph (3), the following persons and the person from the farming operation is would be necessary to conduct a farming op- legal entities shall not be considered to be commensurate with the contributions of the eration for the production of each com- actively engaged in farming with respect to person to the operation; and modity that is comparable in size to the a farm operation: ‘‘(III) a contribution of the person is at commensurate share of a person or legal en- ‘‘(A) LANDLORDS.—A landlord contributing risk. tity in the farming operation for the produc- land to the farming operation if the landlord ‘‘(ii) A legal entity shall be considered to tion of the commodity, based on the min- receives cash rent, or a crop share guaran- be actively engaged in farming with respect imum number of hours per acre required to teed as to the amount of the commodity to to a farming operation if— produce the commodity in the State in be paid in rent, for such use of the land. ‘‘(I) the legal entity makes a significant which the farming operation is located, as ‘‘(B) OTHER PERSONS AND LEGAL ENTITIES.— contribution, as determined under subpara- determined by the Secretary. Any other person or legal entity, or class of graph (E) (based on the total value of the ‘‘(3) SPECIAL CLASSES ACTIVELY ENGAGED IN persons or legal entities, that fails to meet farming operation), to the farming operation FARMING.—Notwithstanding paragraph (2), the requirements of paragraphs (2) and (3), as of capital, equipment, or land; the following persons shall be considered to determined by the Secretary. ‘‘(II)(aa) the stockholders or members that be actively engaged in farming with respect ‘‘(5) PERSONAL LABOR OR ACTIVE PERSONAL collectively own at least 51 percent of the to a farm operation: MANAGEMENT.—No stockholder or other combined beneficial interest in the legal en- ‘‘(A) LANDOWNERS.—A person or legal enti- member of a legal entity or person may pro- tity each make a significant contribution of ty that is a landowner contributing owned vide personal labor or active personal man- personal labor or active personal manage- land, and that meets the requirements of agement to meet the requirements of this ment to the operation; or subclauses (II) and (III) of paragraph subsection for persons or legal entities that ‘‘(bb) in the case of a legal entity in which (2)(B)(i), if, as determined by the Secretary— collectively receive, directly or indirectly, all of the beneficial interests are held by ‘‘(i) the landowner share-rents the land at an amount equal to— family members, any stockholder or member a rate that is usual and customary; and ‘‘(A) more than the applicable limits under (or household comprised of a stockholder or ‘‘(ii) the share received by the landowner is subsections (b) and (c) of section 1001; or member and the spouse of the stockholder or commensurate with the share of the crop or ‘‘(B) in the case of a stockholder or mem- member) who owns at least 10 percent of the income received as rent. ber in conjunction with the spouse of the beneficial interest in the legal entity makes ‘‘(B) FAMILY MEMBERS.—With respect to a stockholder or member, more than the appli- a significant contribution of personal labor farming operation conducted by persons who cable limits described in subparagraph (A). or active personal management; and are family members, or a legal entity the ‘‘(6) CUSTOM FARMING SERVICES.—A person ‘‘(III) the legal entity meets the require- majority of the stockholders or members of or legal entity receiving custom farming ments of subclauses (II) and (III) of clause which are family members, an adult family services will be considered separately eligi- (i). member who makes a significant contribu- ble for payment limitation purposes if the ‘‘(C) CERTAIN ENTITIES MAKING SIGNIFICANT tion (based on the total value of the farming person or legal entity is actively engaged in CONTRIBUTIONS.—If a general partnership, operation) of active personal management or farming based on paragraphs (1) through (3).

VerDate Mar 15 2010 03:58 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.038 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1938 CONGRESSIONAL RECORD — SENATE March 21, 2012 ‘‘(7) GROWERS OF HYBRID SEED.—To deter- search they need to help prevent fire- Mrs. SHAHEEN, Mr. UDALL of mine whether a person or legal entity grow- related deaths and protect their com- New Mexico, Mr. WYDEN, Mr. ing hybrid seed under contract shall be con- munities from disasters of all kinds— SANDERS, Mr. BEGICH, Mrs. sidered to be actively engaged in farming, man-made and natural. MURRAY, Mr. MENENDEZ, Mr. the Secretary shall not take into consider- ation the existence of a hybrid seed contract. Since its creation in 1974, the Fire LEVIN, Mr. KERRY, Mr. BINGA- ‘‘(c) NOTIFICATION BY LEGAL ENTITIES.—To Administration and its Fire Academy MAN, Mrs. BOXER, Mr. HARKIN, facilitate the administration of this section, have helped prevent fires, protect prop- Mr. LEAHY, Ms. STABENOW, Mr. each legal entity that receives payments or erty, and save lives among firefighters ROCKEFELLER, Mrs. GILLIBRAND, benefits described as being subject to limita- and the public. Today, the Fire Admin- Mr. REED, Mr. BLUMENTHAL, tion in subsection (b) or (c) of section 1001 istration is also integrated into our na- Mr. DURBIN, Ms. KLOBUCHAR, with respect to a particular farming oper- tional, all-hazards preparations against Mr. COONS, Mr. CARDIN, Mr. ation shall— natural disasters and terrorist attacks. UDALL of Colorado, Mr. BROWN ‘‘(1) notify each person or other legal enti- ty that acquires or holds a beneficial inter- America’s firefighters play a vital of Ohio, Mr. WEBB, Mr. CONRAD, est in the farming operation of the require- role in the security of our nation and it Mrs. MCCASKILL, Mr. CASEY, ments and limitations under this section; is important that, as a nation and a Mr. AKAKA, Mr. LAUTENBERG, and Congress, we support them. We can do Mrs. FEINSTEIN, and Ms. LAN- ‘‘(2) provide to the Secretary, at such so by reauthorizing the United States DRIEU): times and in such manner as the Secretary Fire Administration. Whether it is in S. 2219. A bill to amend the Federal may require, the name and social security response to a terrorist attack, a Election Campaign Act of 1971 to pro- number of each person, or the name and tax- wildland fire, or a house fire the com- vide for additional disclosure require- payer identification number of each legal en- ments for corporations, labor organiza- tity, that holds or acquires such a beneficial munity, America has come to rely on interest.’’. firefighters. America’s firefighters— tions, Super PACs and other entities, and for other purposes; to the Com- SEC. 4. FOREIGN PERSONS AND LEGAL ENTITIES whether career or volunteer—always MADE INELIGIBLE FOR PROGRAM answer the call. mittee on Rules and Administration. BENEFITS. In a report released in September, Mr. WHITEHOUSE. Mr. President, I Section 1001C of the Food Security Act of the United States Fire Administration am here today to introduce the DIS- 1985 (7 U.S.C. 1308–3) is amended— found that, over the past 10 years, the CLOSE Act of 2012, and we are infor- (1) in the section heading, by striking overall number of fires reported in the mally closing DISCLOSE 2.0 in recogni- ‘‘PERSONS’’ and inserting ‘‘PERSONS AND United States has declined by 18 per- tion of the original bill that Senator LEGAL ENTITIES’’; SCHUMER worked so hard to get passed (2) in subsection (b)— cent. During this same time period, there was also a 20 percent decline in a few years ago. (A) in the subsection heading, by striking The Supreme Court’s 2010 decision in ‘‘CORPORATION OR OTHER’’ and inserting civilian deaths and a 22 percent drop in Citizens United v. Federal Election ‘‘LEGAL’’; civilian injuries. We can be proud of Commission opened the floodgates to (B) in the first sentence, by striking ‘‘a this progress. unlimited corporate and special inter- corporation or other entity shall be consid- According to the report, however, est money in elections, bringing about ered a person that’’ and inserting ‘‘a legal ‘‘although America’s fire death rate is entity’’; and an era where corporations and other improving, it continues to be higher (C) in the second sentence, by striking ‘‘an wealthy interests can drown out the than more than half of the industri- entity’’ and inserting ‘‘a legal entity’’; and voices of voters in our political system. (3) in subsection (c), by striking ‘‘person’’ alized countries of the world.’’ Sadly, Worse still, much of this spending is and inserting ‘‘legal entity or person’’. during this same time period, there has anonymous so the public does not even SEC. 5. BUDGETARY EFFECTS. been an average of 3,570 deaths and know who is spending millions to influ- The budgetary effects of this Act, for the nearly 18,300 injuries per year. The Fire ence our elections. Here is how my purpose of complying with the Statutory Administration must work tirelessly to home State newspaper, the Providence Pay-As-You-Go-Act of 2010, shall be deter- improve these statistics, which rep- mined by reference to the latest statement Journal, explained the Citizens United resent loss and pain to American fami- decision: titled ‘‘Budgetary Effects of PAYGO Legisla- lies. tion’’ for this Act, submitted for printing in The ruling will mean that, more than ever, the Congressional Record by the Chairman of We must also continue to educate big-spending economic interests will deter- the Senate Budget Committee, provided that and train current and future genera- mine who gets elected. More money will es- such statement has been submitted prior to tions of firefighters. The USFA plays pecially pour into relentless attack cam- the vote on passage. an important role in the professional paigns. Free speech for most individuals will development of fire services personnel suffer because their voices will count for By Mr. LIEBERMAN (for himself, through the National Fire Academy, by even less than they do now. They will simply be drowned out by the big money. Ms. COLLINS, Mr. CARPER, Mr. providing courses in Fire Prevention MCCAIN, and Mr. BROWN of Mas- Management, Hazardous Materials, In- I think events have proven the Provi- sachusetts): cident Management, and Arson, as well dence Journal correct. Senator JOHN MCCAIN recently described these S. 2218. A bill to reauthorize the as many other critical courses. United States Fire Administration, and My home State of Maine is keenly events. He said: for other purposes; to the Committee aware of the dangers of fire and the im- I predicted when the United States Su- preme Court, with their absolute ignorance on Homeland Security and Govern- portance of effective fire services. Ac- mental Affairs. of what happens in politics, struck down [the cording to the Maine Department of McCain-Feingold campaign finance law], Ms. COLLINS. Mr. President, as a co- Public Safety, nearly 50 Mainers died that there would be a flood of money into chair of the Congressional Fire Caucus, in fires every year through the 1950s, campaigns, not transparency, unaccounted I am pleased to join Senator Lieber- ’60s, and ’70s. The average for the past for, and this is exactly what is happening. man in introducing legislation to reau- decade is 17 per year, and 2011 sadly If we look at the 2006 and 2010 con- thorize the U.S. Fire Administration. produced 23 fire-related deaths, up from gressional elections where there was We appreciate Senators MCCAIN, CAR- only nine in 2010—both are too many. not a Presidential race going on after PER and SCOTT BROWN becoming co- With the continued work of the U.S. Citizens United in 2010, there was a sponsors of this bill. The Congressional Fire Administration and the valiant ef- fourfold increase in expenditures from Fire Services Institute, the Inter- forts of our brave fire services per- super PACs and other outside groups national Association of Fire Fighters, sonnel, I believe we can make further compared to what occurred in 2006, the International Association of Fire progress in lowering the number of fire with nearly three-quarters of that po- Chiefs, and the National Volunteer related deaths in our nation. litical advertising coming from sources Fire Council back this measure. I am I ask that my colleagues support this that were prohibited from spending proud to have their support. legislation. money in 2006—three-quarters of it. Reauthorization of the U.S. Fire Ad- Also, in 2010, those 501(c)(4) and (c)(6) ministration means that first respond- By Mr. WHITEHOUSE (for him- organizations spent more than $135 ers around the country will get the es- self, Mr. FRANKEN, Mr. SCHU- million in unlimited and secret con- sential training, education, and re- MER, Mr. BENNET, Mr. MERKLEY, tributions. Anonymous spending rose

VerDate Mar 15 2010 05:20 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.038 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1939 from 1 percent of outside spending in ests. That weapon is disclosure, day- be traced to specific donors came in 2006 to 47 percent of outside spending in light, information. contributions of $10,000 or more. So we 2010. Nearly half of the money spent Today, along with 34 other Senators, will catch probably 93 percent of the through these outside organizations is I am introducing legislation that will money in this reporting provision, anonymous and secret. shine a bright light on these powerful while leaving smaller donations and If we look at the 2012 race that we are shadowy interests. With this legisla- dues payments to membership organi- in right now, a Presidential race, and tion, every citizen will know who is zations private. compare it to the last Presidential spending these great sums of money to The act also does not require the dis- race, we are already seeing similar om- get their candidate elected. I am deliv- closure of nonpolitical donations, affil- inous signs about the influence of ering this speech at a time that Sen- iate transfers, business investments, money. The Federal Election Commis- ator BENNET, the distinguished junior and other transfers of money that have sion predicts that over $11 billion will Senator from Colorado is presiding. I nothing to do with electioneering. be spent on the 2012 elections, about am very conscious and aware as I de- At the same time, however, the bill double what was spent in 2008. liver it of the immense amount of work also contains strong provisions to pre- Super PACs, mostly linked to indi- that he has put in in the process of pre- vent the use of dummy organizations vidual candidates, spent about $100 mil- paring this legislation, working on a or shell corporations to hide their do- lion through the Super Tuesday con- strategy for going forward, working nations from public view. The way this test in the Republican Presidential pri- with our leadership to commence that bill is drafted, if somebody sets up a mary, again, about twice what was strategy. phony organization to take a contribu- spent over the same period in 2008. In I am grateful to him and the other tion and, in turn, make that contribu- the two weeks leading up to Super Senators I will mention later. For now tion to another phony organization Tuesday, outside PACs that supported I will give the Presiding Officer the and, in turn, make that contribution to the Republican Presidential candidates lead. In 2010, under Senator SCHUMER’s another phony organization, before it spent three times as much as the can- leadership and guidance, we came with- finally lands in a super PAC that is didates themselves. in one vote of passing his original DIS- benefiting a candidate, we will be able Our campaign finance system is bro- CLOSE Act. Since then, the problem of to trace that series of transactions. ken. Immediate action is required to anonymous and unaccountable cor- So it is a good law, a simpler law, an fix it. Americans of all political porate money has become dramatically effective law. It only goes after high- stripes, whatever their persuasion, are worse, and Americans are losing faith dollar givers. Passing it would prove to disgusted by the influence of unlimited in our political system as a result. the American people that Congress is anonymous corporate cash in our elec- More and more people believe their committed to fairness, that we are tions and by campaigns that succeed or government responds only to wealthy committed to equality, and that we are fail depending on how many billion- and powerful corporate interests. As committed to the fundamental prin- aires the candidates have in their pock- they see their jobs disappear and their ciple of a government ‘‘of the people, ets. wages stagnate, and bailouts and spe- by the people, and for the people.’’ Editorial boards across the country cial deals for the big guys, they lose In closing, I thank Senator SCHUMER decry this new pollution of our politics. faith that their elected officials are lis- for his exemplary leadership and deter- Republicans, such as former Governors tening to them. For our democracy to mination on this vitally important Mike Huckabee and Tom Ridge, have remain strong, this trend cannot con- issue, as well as Senators MICHAEL concluded that super PACs are, in Mr. tinue. We must redouble our efforts BENNET, AL FRANKEN, JEFF MERKLEY, Huckabee’s words, ‘‘one of the worst and pass the DISCLOSE Act of 2012. JEANNE SHAHEEN, and TOM UDALL, all things that ever happened in American The bill we are introducing today has of whom have worked very closely on politics.’’ been trimmed down so it just does two this legislation. I also thank the act’s Seven in ten Americans, including a simple things: One, if you are an orga- other cosponsors—all 35—who, similar majority of both Republicans and nization such as a corporation, a super to myself, understand that the legit- Democrats, believe super PACS should PAC or a 401(c)(4) group spending imacy of our democratic process and be illegal. Countless Rhode Islanders money in an election campaign in sup- the integrity of our democratic elec- are fed up with the influence of cor- port of or in opposition to a candidate, tions are at stake. porate money in elections. I hear them you have to tell the public where that I look forward to working with any at my community dinners; I read their money came from and what you are of my colleagues in the Senate who be- mail. Charles in Little Compton wrote spending it on in a timely manner. lieve the voices of American citizens to me, That should not be a controversial idea should be defended, and I hope all will join me in supporting this critical [I]t is wrong that someone who shouts to anyone, at least to anyone who is louder or further, in this instance solely be- not seeking special influence. piece of legislation to restore integrity cause they have more money, should drown If you are a top executive or a major to our elections. out another person . . . [C]orporations have donor of an organization spending mil- Mr. LEAHY. Mr. President, today, I no problem getting their views aired. lions of dollars on campaign ads, you join with Senator WHITEHOUSE, Senator Hope-Whitney in Bristol wrote, have to take responsibility for those SCHUMER and many other Senate [J]ust the idea that a corporation is con- ads by having your name on the ad, and Democrats as we renew our efforts to sidered an individual in regards to politics in the case of an executive appearing in curtail some of the worst abuses now goes against everything American to me. the ad yourself. That is it. Two simple allowed because of the Supreme Court’s . . . [T]hey have become the Emperors as provisions. Disclosure and a disclaimer. decision in Citizens United. The De- they have the financial ability to be heard These are reasonable provisions that mocracy Is Strengthened by Casting everywhere. . . . I’d be willing to bet that a should have wide support from Demo- Light On Spending in Elections, DIS- majority of their own employees do not crats and Republicans alike. CLOSE, Act of 2012 will help to restore agree with their political representation. The DISCLOSE Act of 2012, the DIS- transparency in the campaign finance Elizabeth in Wakefield wrote: CLOSE 2.0 Act, trims down the original laws gutted by the narrow, conserv- Big business should not control our elec- DISCLOSE Act in another way. We ative, activist majority of the Supreme tions. It is bad enough that they deeply in- have raised the threshold for donations Court in Citizens United. fluence our politicians through lobbyists. that require disclosure from $600 to Two years ago, with the stroke of a But because of a 5-to-4 decision by $10,000. It may sound as though $10,000 pen, five Supreme Court justices over- the conservative Justices in Citizens is a ridiculously high threshold, as turned a century of law designed to United, Congress cannot prohibit super though that is an awful lot of money, protect our elections from corporate PACs from drowning out the voices of but when we look at what is happening spending. They ran roughshod over ordinary Americans in our elections. in these super PACs, $10,000 in this par- longstanding precedent to strike down That leaves us with one weapon left in ticular world is no big deal. key provisions of our bipartisan cam- the fight against the overwhelming Ninety-three percent of money raised paign finance laws, and ruled that cor- tidal wave of money from special inter- by super PACs in 2010 and 2011 that can porations are no longer prohibited from

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.067 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1940 CONGRESSIONAL RECORD — SENATE March 21, 2012 direct spending in political campaigns. parency and accountability to cam- Whereas the Department of State and the I was troubled at the time and remain paign finance laws by ensuring that all United States Agency for International De- troubled today that in that case, the Americans know who is paying for velopment together employ more than 27,000 Supreme Court extended to corpora- campaign ads. This is a critical step to- United States nationals in the Foreign Serv- ice and Civil Service dedicated to promoting tions the same First Amendment ward restoring the ability of American United States interests around the world; rights in the political process that are voters to be able to speak, be heard and Whereas Foreign Service personnel deploy guaranteed by the Constitution to indi- to hear competing voices, and not be to Asia, Africa, the Americas, Australia, Eu- vidual Americans. overwhelmed by corporate influence rope, the Middle East, and Southeast Asia on Corporations are not the same as in- and driven out of the governing proc- a permanent, rotating basis to defend and dividual Americans. Corporations do ess. I hope that Republicans who have promote United States priorities abroad; not have the same rights, the same seen the impact of waves of unaccount- Whereas many Foreign Service employees morals or the same interests. Corpora- able corporate campaign spending will spend months or years away from families tions cannot vote in our democracy. and loved ones on assignment to dangerous not renew their obstruction of this im- or inhospitable posts where family members They are artificial legal constructs portant legislation. Even Senator are not permitted; meant to facilitate business. The MCCAIN, a lead co-author of the Whereas numerous Department of State Founders understood this. Americans McCain-Feingold Act, has conceded and United States Agency for International across the country have long under- that Super PAC’s are ‘‘disgraceful.’’ Development employees have lost their lives stood this. A narrow majority on the Vermont is a small state. It is easy while serving abroad; Supreme Court apparently did not. to imagine the wave of corporate Whereas strong and purposeful United When I cosponsored the first DIS- money that has been spent on elections States diplomacy and development, carried CLOSE Act after the Supreme Court’s out by a diverse, professionally educated, around the country lead to corporate and well-trained force of Foreign Service and decision in 2010, I hoped Republicans interests flooding the airwaves with Civil Service professionals, are the most would join with Democrats to mitigate election ads, and transforming even cost-effective means to protect and advance the impact of the Citizens United deci- local elections there or in other small United States interests abroad; sion. I hoped that Senate Republicans States. It would not take more than a Whereas the promotion of commercial en- who had once championed the bipar- tiny fraction of corporate money to gagement by United States businesses in for- tisan McCain-Feingold campaign fi- outspend all of our local candidates eign markets and targeted international de- nance law would work with us to help combined. If a local city council or velopment projects support economic pros- ensure that corporations could not perity, job creation, and opportunities for zoning board is considering an issue of United States business and industry; abuse their newfound constitutional corporate interest, why would those Whereas United States diplomats are often rights. corporate interests not try to drown the first line of defense against international Regrettably, Senate Republicans fili- out the views of Vermont’s hard- conflict and transnational security threats; bustered that DISCLOSE Act, pre- working citizens? I know that the peo- Whereas Foreign Service and Civil Service venting the Senate from even debating ple of Vermont, like all Americans, professionals have worked to support the the measure, let alone having an up-or- take seriously their civic duty to members of the United States Armed Forces down vote in the Senate. By preventing choose wisely on Election Day. Like all involved in critical national security mis- sions and military engagements in dangerous even debate on the DISCLOSE Act, Vermonters, I cherish the voters’ role Senate Republicans ensured the ability and unstable regions; in the democratic process and am a Whereas Foreign Service and Civil Service of wealthy corporations to dominate staunch believer in the First Amend- professionals administer emergency assist- all mediums of advertising and to ment. Vermont refused to ratify the ance in crisis situations; and drown out the voices of individuals, as Constitution until the adoption of the Whereas the contributions of Foreign Serv- we have seen and will continue to see Bill of Rights in 1791. The rights of ice and Civil Service professionals to the in our elections. Vermonters and all Americans to speak global advancement of international under- By blocking the DISCLOSE Act, Sen- to each other and to be heard should standing, American ideals, and the pro- ate Republicans ensured that the flood motion of freedom and democracy around not be undercut by corporate spending. the world should be commended: Now, there- of corporate money flowing into cam- I hope all Senators, Republican or paigns from undisclosed and unac- fore, be it Democratic, will support the DIS- Resolved, That the Senate— countable sources since the Citizens CLOSE Act of 2012 and help us take an (1) recognizes and gives special apprecia- United decision would continue. The important step to ensure the ability of tion to the Foreign Service and Civil Service risks we feared at the time of the deci- every American to be heard and par- personnel of the Department of State, the sion, the risks that drove Congress to ticipate in free and fair elections. United States Agency for International De- pass bipartisan laws based on long- velopment, and other United States Govern- f standing precedent, have been apparent ment agencies that promote and protect in the elections since. The American SUBMITTED RESOLUTIONS United State priorities abroad; and people have seen the sudden and dra- (2) owes a debt of gratitude to these indi- viduals, and their families, who put public matic effects in the Republican pri- SENATE RESOLUTION 401—EX- service and pride in their country ahead of mary elections this year and in the 2010 comfort, convenience, and even safety in mid-term elections. Instead of hearing PRESSING APPRECIATION FOR FOREIGN SERVICE AND CIVIL service to the United States and the global the voices of voters, we see a barrage of community. SERVICE PROFESSIONALS WHO negative advertisements from so-called f Super PAC’s. This comes as no surprise REPRESENT THE UNITED to the many of us in Congress and STATES AROUND THE GLOBE SENATE RESOLUTION 402—CON- around the country who worried at the Mr. WHITEHOUSE (for himself and DEMNING JOSEPH KONY AND THE LORD’S RESISTANCE ARMY time of the Citizens United decision Mr. KERRY) submitted the following that it turns the idea of government of, resolution; which was referred to the FOR COMMITTING CRIMES by and for the people on its head. We Committee on Foreign Relations: AGAINST HUMANITY AND MASS ATROCITIES, AND SUPPORTING worried that the decision created new S. RES. 401 rights for Wall Street at the expense of ONGOING EFFORTS BY THE Whereas the United States Foreign Service UNITED STATES GOVERNMENT the people on Main Street. We worried was established by Congress in 1924 to profes- that powerful corporate megaphones sionalize the country’s diplomatic and con- AND GOVERNMENTS IN CENTRAL would drown out the voices and inter- sular services and advance freedom, democ- AFRICA TO REMOVE JOSEPH ests of individual Americans. It is clear racy, and security for the benefit of the peo- KONY AND LORD’S RESISTANCE those concerns were justified. ple of the United States and the inter- ARMY COMMANDERS FROM THE By reintroducing the DISCLOSE Act, national community; BATTLEFIELD Whereas the United States Agency for we continue to try to fight the effects International Development was established Mr. COONS (for himself, Mr. INHOFE, of corporate influence unleashed by in 1961 to support the foreign policy goals of Mr. LIEBERMAN, Mr. MENENDEZ, Mr. Citizens United. The DISCLOSE Act of the United States through economic, devel- HATCH, Mr. DURBIN, Mr. LEAHY, Mr. 2012 is focused on restoring trans- opment, and humanitarian assistance; SCHUMER, Mr. AKAKA, Mrs. MURRAY,

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G21MR6.029 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1941 Mr. WHITEHOUSE, Mr. TESTER, Mr. NEL- Whereas, on November 24, 2010, as man- States Armed Forces currently deployed to SON of Nebraska, Mr. FRANKEN, Ms. dated by the Lord’s Resistance Army Disar- serve as advisors to the national militaries LANDRIEU, Mr. REED of Rhode Island, mament and Northern Uganda Recovery Act in the region seeking to protect local com- of 2009, President Obama issued the Strategy Mr. MORAN, Mr. GRAHAM, Mr. LEVIN, munities and pursuing Joseph Kony and top to Support the Disarmament of the Lord’s Lord’s Resistance Army commanders; Ms. COLLINS, Mr. ISAKSON, Mrs. FEIN- Resistance Army, which provides a com- (6) supports continued efforts by the Sec- STEIN, Mr. MCCAIN, Mr. BEGICH, Mrs. prehensive strategy for supporting regional retary of State and representatives of the BOXER, Mr. WICKER, Mr. BROWN of Ohio, efforts to mitigate and eliminate the threat United States to work with partner nations to civilians and regional stability posed by Mr. LAUTENBERG, Mr. MERKLEY, Mr. and the international community— COATS, Mr. CARDIN, Mr. CORNYN, and the Lord’s Resistance Army; Whereas, on October 14, 2011, President (A) to strengthen the capabilities of re- Mr. BLUNT) submitted the following gional military forces deployed to protect ci- resolution; which was referred to the Obama notified Congress that he had author- ized approximately 100 combat-equipped vilians and pursue commanders of the Lord’s Committee on Foreign Relations: members of the Armed Forces to deploy to Resistance Army; S. RES. 402 central Africa to provide assistance to re- (B) to enhance cooperation and cross-bor- der coordination among regional govern- Whereas the Lord’s Resistance Army gional forces that are working toward the re- moval of Joseph Kony and senior leadership ments; (LRA) wreaked havoc in northern Uganda for of the Lord’s Resistance Army from the bat- (C) to promote increased contributions two decades, during which time the World tlefield; Bank estimates that they abducted some from donor nations for regional security and Whereas the National Defense Authoriza- 66,000 youth of all ages and sexes and forced civilian efforts to address the Lord’s Resist- tion Act for Fiscal Year 2012 (Public Law them to serve as child soldiers and sex slaves ance Army; and 112–81) authorized the Secretary of Defense, and commit terrible acts; (D) to enhance overall efforts to increase with the concurrence of the Secretary of Whereas, under increasing pressure, Joseph civilian protection and provide assistance to State, to provide logistic support, supplies, Kony ordered the Lord’s Resistance Army in populations affected by the Lord’s Resist- and services for foreign forces participating 2005 and 2006 to withdraw from Uganda and ance Army; in operations to mitigate and eliminate the (7) calls on the Secretary of State, the Sec- to move west into the border region of the threat of the Lord’s Resistance Army; Democratic Republic of the Congo, the Cen- Whereas the Consolidated Appropriations retary of Defense, the Administrator of the tral African Republic, and what would be- Act, 2012 (Public Law 112–74) directed the United States Agency for International De- come South Sudan; President to support increased peace and se- velopment, and the heads of other govern- Whereas, since September 2008, Joseph curity efforts in areas affected by the Lord’s ment agencies to utilize existing funds for Kony has directed the Lord’s Resistance Resistance Army, including programs to im- ongoing programs— Army to commit systematic, large-scale at- prove physical access, telecommunications (A) to enhance mobility, intelligence, and tacks against innocent civilians in the infrastructure, and early-warning mecha- logistical capabilities for partner forces en- Democratic Republic of Congo, the Central nisms and to support the disarmament, de- gaged in efforts to protect civilians and ap- African Republic, and the Republic of South mobilization, and reintegration of former prehend or remove Joseph Kony and his top Sudan that have destabilized the region and Lord’s Resistance Army combatants, espe- commanders from the battlefield; resulted in the deliberate killing of at least cially child soldiers; (B) to expand physical access and tele- 2,400 civilians from the Democratic Republic Whereas the United Nations and African communications infrastructure to facilitate of Congo, the Central African Republic, and Union, acting with encouragement and sup- the Republic of South Sudan, many of whom the timely flow of information and access for port from the United States Government, humanitarian and protection actors; were targeted in schools and churches; the have renewed their efforts to help govern- (C) to support programs to encourage and rape and brutal mutilation of an unknown ments in the region address the threat posed help non-indicted Lord’s Resistance Army number of men, women, and children; the ab- by the Lord’s Resistance Army, and on No- duction of over 3,400 civilians, including at vember 22, 2011, the African Union des- commanders, fighters, abductees, and associ- least 1,500 children, many of them forced to ignated the Lord’s Resistance Army as a ter- ated noncombatants to safely defect from become child soldiers or sex slaves; and the rorist group and authorized a new initiative the group, including through radio and com- displacement of more than 465,000 civilians to help strengthen the coordination among munity programs; and from their homes, many of whom do not the affected governments in the fight against (D) to rehabilitate children and youth af- have access to essential humanitarian assist- the Lord’s Resistance Army; and fected by war, which are tailored to address ance; Whereas targeted United States assistance the specific trauma and physical and mental Whereas insecurity caused by the Lord’s and leadership can help prevent further mass abuse they may face as a result of indoc- Resistance Army has undermined efforts by atrocities and curtail humanitarian suf- trination by the Lord’s Resistance Army, the governments in the region, with the as- fering in central Africa: Now, therefore, be it and serve to reconnect these children and sistance of the United States and the inter- Resolved, That the Senate— youth with their families and communities; national community, to consolidate peace (1) condemns Joseph Kony and the Lord’s (8) calls for the President to place restric- and stability in each of the countries af- Resistance Army for committing crimes tions on any individuals or governments fected, particularly the Democratic Republic against humanity and mass atrocities, and found to be providing training, supplies, fi- of Congo and the Republic of South Sudan; supports ongoing efforts by the United nancing, or support of any kind to Joseph Whereas, since December 2001, the Depart- States and countries in central Africa to re- Kony or the Lord’s Resistance Army; ment of State has included the Lord’s Resist- move Joseph Kony and Lord’s Resistance ance Army on its ‘‘Terrorist Exclusion List’’ Army commanders from the battlefield; (9) urges that civilian protection continue and in August 2008, Lord’s Resistance Army (2) commends continued efforts by the Gov- to be prioritized in areas affected by the leader Joseph Kony was designated a ‘‘Spe- ernments of Uganda, the Democratic Repub- Lord’s Resistance Army and that steps be cially Designated Global Terrorist’’ by Presi- lic of Congo, the Republic of South Sudan, taken to inform potentially vulnerable com- dent George W. Bush pursuant to Executive the Central African Republic, and other munities about known Lord’s Resistance Order 13224; counties in the region, as well as the African Army movements and threats; Whereas, on October 6, 2005, the Inter- Union and United Nations, to end the threat (10) welcomes the recent defections of men, national Criminal Court issued arrest war- posed by the Lord’s Resistance Army; women, and children from the ranks of the rants against Joseph Kony and four of his (3) welcomes the ongoing efforts of the Lord’s Resistance Army, and calls on govern- top commanders for war crimes and crimes United States Government to implement a ments in the region and the international against humanity, yet they remain at large; comprehensive strategy to counter the community to continue to support safe re- Whereas, in May 2010, Congress passed and Lord’s Resistance Army, pursuant to the turn, demobilization, rehabilitation, and re- President Barack Obama signed into law the Lord’s Resistence Army Disarmament and integration efforts; and Lord’s Resistance Army Disarmament and Northern Uganda Recovery Act of 2009, and (11) urges the Governments of Uganda, the Northern Uganda Recovery Act of 2009 (Pub- to assist governments in the region to bring Democratic Republic of Congo, the Republic lic Law 111–172), which made it the policy of Joseph Kony to justice and end atrocities of South Sudan, the Republic of Sudan, and the United States to work with regional gov- perpetuated by the Lord’s Resistance Army; the Central African Republic to work to- ernments toward a comprehensive and last- (4) calls on the President to keep Congress gether to address the ongoing threat posed ing resolution to the conflict in northern fully informed of the efforts of the United by the Lord’s Resistance Army. Uganda and other affected areas by providing States Government and to work closely with political, economic, military, and intel- Congress to identify and address critical ligence support for viable multilateral ef- gaps and enhance United States support for forts to protect civilians from the Lord’s Re- the regional effort to counter the Lord’s Re- sistance Army, to apprehend or remove Jo- sistance Army; seph Kony and his top commanders from the (5) commends the Department of Defense, battlefield, and to disarm and demobilize the United States Africa Command (U.S. remaining Lord’s Resistance Army fighters; AFRICOM), and members of the United

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.047 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1942 CONGRESSIONAL RECORD — SENATE March 21, 2012 SENATE RESOLUTION 403—TO AU- TITLE II—PUBLIC CORRUPTION ‘‘(B) directly or indirectly, knowingly THORIZE TESTIMONY, DOCU- PROSECUTION IMPROVEMENTS gives, offers, or promises any thing or things MENT PRODUCTION, AND LEGAL SEC. 201. SHORT TITLE. of value with an aggregate value of not less REPRESENTATION IN UNITED This title may be cited as the ‘‘Public Cor- than $1000 to any public official, former pub- ruption Prosecution Improvements Act of lic official, or person selected to be a public STATES V. RICHARD F. ‘‘DICKIE’’ official for or because of the official’s or per- SCRUGGS 2012’’. SEC. 202. VENUE FOR FEDERAL OFFENSES. son’s official position; ‘‘(C) being a public official, former public Mr. REID of Nevada (for himself and (a) IN GENERAL.—The second undesignated Mr. MCCONNELL) submitted the fol- paragraph of section 3237(a) of title 18, official, or person selected to be a public offi- lowing resolution; which was consid- United States Code, is amended by adding cial, directly or indirectly, knowingly de- mands, seeks, receives, accepts, or agrees to ered and agreed to: before the period at the end the following: ‘‘or in any district in which an act in fur- receive or accept any thing or things of S. RES. 403 therance of the offense is committed’’. value with an aggregate value of not less than $1000 personally for or because of the of- Whereas, in the case of United States vs. (b) SECTION HEADING.—The heading for sec- Richard F. ‘‘Dickie’’ Scruggs, Case No. 3:09– tion 3237 of title 18, United States Code, is ficial’s or person’s official position; or CR–00002–GHD–SAA, pending in the United amended to read as follows: ‘‘(D) being a public official, former public official, or person selected to be a public offi- States District Court for the Northern Dis- ‘‘SEC. 3237. OFFENSE TAKING PLACE IN MORE trict of Mississippi, the defense has served a THAN ONE DISTRICT.’’. cial, directly or indirectly demands, seeks, receives, accepts, or agrees to receive or ac- subpoena for testimony on Hugh Gamble, a (c) TABLE OF SECTIONS.—The table of sec- former employee of Senator Trent Lott, and tions at the beginning of chapter 211 of title cept any thing or things of value personally a subpoena for testimony and document pro- 18, United States Code, is amended so that for or because of any official act performed duction on Brad Davis, an employee of Sen- the item relating to section 3237 reads as fol- or to be performed by such official or per- ator Thad Cochran; lows: son;’’. Whereas, pursuant to sections 703(a) and ‘‘Sec. 3237. Offense taking place in more SEC. 206. AMENDMENT OF THE SENTENCING 704(a)(2) of the Ethics in Government Act of than one district.’’. GUIDELINES RELATING TO CERTAIN 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the CRIMES. Senate may direct its counsel to represent SEC. 203. THEFT OR BRIBERY CONCERNING PRO- GRAMS RECEIVING FEDERAL FINAN- employees of the Senate with respect to any (a) DIRECTIVE TO SENTENCING COMMISSION.— CIAL ASSISTANCE. Pursuant to its authority under section subpoena, order, or request for testimony re- Section 666(a) of title 18, United States 994(p) of title 28, United States Code, and in lating to their official responsibilities; Code, is amended— Whereas, by the privileges of the Senate of (1) by striking ‘‘10 years’’ and inserting ‘‘20 accordance with this section, the United the United States and Rule XI of the Stand- years’’; States Sentencing Commission forthwith ing Rules of the Senate, no evidence under (2) by striking ‘‘$5,000’’ the second place shall review and, if appropriate, amend its the control or in the possession of the Senate and the third place it appears and inserting guidelines and its policy statements applica- may, by the judicial or administrative proc- ‘‘$1,000’’; ble to persons convicted of an offense under ess, be taken from such control or possession (3) by striking ‘‘anything of value’’ each section 201, 641, 1346A, or 666 of title 18, but by permission of the Senate; place it appears and inserting ‘‘any thing or United States Code, in order to reflect the Whereas, when it appears that evidence things of value’’; and intent of Congress that such penalties meet under the control or in the possession of the (4) in paragraph (1)(B), by inserting after the requirements in subsection (b) of this Senate may promote the administration of ‘‘anything’’ the following: ‘‘or things’’. justice, the Senate will take such action as section. SEC. 204. PENALTY FOR SECTION 641 VIOLA- will promote the ends of justice consistent TIONS. (b) REQUIREMENTS.—In carrying out this with the privileges of the Senate: Now, Section 641 of title 18, United States Code, subsection, the Commission shall— therefore, be it is amended by striking ‘‘ten years’’ and in- (1) ensure that the sentencing guidelines Resolved, That Hugh Gamble, Brad Davis, serting ‘‘15 years’’. and policy statements reflect Congress’s in- and any other employee from whom testi- SEC. 205. BRIBERY AND GRAFT; CLARIFICATION tent that the guidelines and policy state- mony may be necessary are authorized to OF DEFINITION OF ‘‘OFFICIAL ACT’’; ments reflect the serious nature of the of- testify, and Brad Davis is authorized to CLARIFICATION OF THE CRIME OF fenses described in paragraph (1), the inci- produce documents, in the case of United ILLEGAL GRATUITIES. dence of such offenses, and the need for an States vs. Richard F. ‘‘Dickie’’ Scruggs, ex- (a) DEFINITION.—Section 201(a) of title 18, effective deterrent and appropriate punish- cept concerning matters for which a privi- United States Code, is amended— ment to prevent such offenses; lege should be asserted. (1) in paragraph (2), by striking ‘‘and’’ at (2) consider the extent to which the guide- SEC. 2. The Senate Legal Counsel is author- the end; lines may or may not appropriately account ized to represent Hugh Gamble, Brad Davis, (2) by amending paragraph (3) to read as for— and any other employee of the Senate from follows: (A) the potential and actual harm to the whom evidence may be sought, in connection ‘‘(3) the term ‘official act’— public and the amount of any loss resulting with the testimony and document produc- ‘‘(A) means any act within the range of of- from the offense; tion authorized in section one of this resolu- ficial duty, and any decision or action on (B) the level of sophistication and planning tion. any question, matter, cause, suit, pro- involved in the offense; f ceeding, or controversy, which may at any (C) whether the offense was committed for time be pending, or which may by law be purposes of commercial advantage or private AMENDMENTS SUBMITTED AND brought before any public official, in such financial benefit; PROPOSED public official’s official capacity or in such (D) whether the defendant acted with in- SA 1945. Mr. LEAHY submitted an amend- official’s place of trust or profit; and tent to cause either physical or property ment intended to be proposed by him to the ‘‘(B) may be a single act, more than one harm in committing the offense; bill S. 2038, to prohibit Members of Congress act, or a course of conduct; and’’; and (E) the extent to which the offense rep- and employees of Congress from using non- (3) by adding at the end the following: resented an abuse of trust by the offender public information derived from their offi- ‘‘(4) the term ‘rule or regulation’ means a and was committed in a manner that under- cial positions for personal benefit, and for Federal regulation or a rule of the House of mined public confidence in the Federal, other purposes; which was ordered to lie on Representatives or the Senate, including State, or local government; and the table. those rules and regulations governing the ac- (F) whether the violation was intended to ceptance of gifts and campaign contribu- or had the effect of creating a threat to pub- f tions.’’. lic health or safety, injury to any person or TEXT OF AMENDMENTS (b) CLARIFICATION.—Section 201(c)(1) of even death; title 18, United States Code, is amended to (3) assure reasonable consistency with SA 1945. Mr. LEAHY submitted an read as follows: other relevant directives and with other sen- amendment intended to be proposed by ‘‘(1) otherwise than as provided by law for tencing guidelines; him to the bill S. 2038, to prohibit the proper discharge of official duty, or by (4) account for any additional aggravating Members of Congress and employees of rule or regulation— or mitigating circumstances that might jus- Congress from using nonpublic infor- ‘‘(A) directly or indirectly gives, offers, or tify exceptions to the generally applicable mation derived from their official posi- promises any thing or things of value to any sentencing ranges; tions for personal benefit, and for other public official, former public official, or per- (5) make any necessary conforming son selected to be a public official for or be- changes to the sentencing guidelines; and purposes; which was ordered to lie on cause of any official act performed or to be (6) assure that the guidelines adequately the table; as follows: performed by such public official, former meet the purposes of sentencing as set forth At the end of the House amendment, add public official, or person selected to be a in section 3553(a)(2) of title 18, United States the following: public official; Code.

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.050 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE March 21, 2012 CONGRESSIONAL RECORD — SENATE S1943 SEC. 207. EXTENSION OF STATUTE OF LIMITA- SEC. 210. EXPANDING VENUE FOR PERJURY AND cerning, prospective employment or finan- TIONS FOR SERIOUS PUBLIC COR- OBSTRUCTION OF JUSTICE PRO- cial compensation; or RUPTION OFFENSES. CEEDINGS. ‘‘(vi) an individual, business, or organiza- (a) IN GENERAL.—Chapter 213 of title 18, (a) IN GENERAL.—Section 1512(i) of title 18, tion from whom the public official has re- United States Code, is amended by adding at United States Code, is amended to read as ceived any thing or things of value, other- the end the following: follows: wise than as provided by law for the proper ‘‘(i) A prosecution under section 1503, 1504, ‘‘§ 3302. Corruption offenses discharge of official duty, or by rule or regu- 1505, 1508, 1509, 1510, or this section may be lation; and ‘‘Unless an indictment is returned or the brought in the district in which the conduct ‘‘(B) the public official knowingly falsifies, information is filed against a person within constituting the alleged offense occurred or conceals, or covers up material information 6 years after the commission of the offense, in which the official proceeding (whether or that is required to be disclosed by any Fed- a person may not be prosecuted, tried, or not pending or about to be instituted) was eral, State, or local statute, rule, regulation, punished for a violation of, or a conspiracy intended to be affected.’’. or charter applicable to the public official, or an attempt to violate the offense in— (b) PERJURY.— or knowingly fails to disclose material infor- ‘‘(1) section 201 or 666; (1) IN GENERAL.—Chapter 79 of title 18, mation in a manner that is required by any ‘‘(2) section 1341 or 1343, when charged in United States Code, is amended by adding at Federal, State, or local statute, rule, regula- conjunction with section 1346 and where the the end the following: tion, or charter applicable to the public offi- offense involves a scheme or artifice to de- ‘‘§ 1624. Venue cial. prive another of the intangible right of hon- ‘‘A prosecution under section 1621(1), 1622 ‘‘(5) MATERIAL INFORMATION.—The term est services of a public official or when (in regard to subornation of perjury under ‘material information’ means information— charged in connection with section 1346A; 1621(1)), or 1623 of this title may be brought ‘‘(A) regarding a financial interest of a per- ‘‘(3) section 1951, if the offense involves ex- in the district in which the oath, declara- son described in clauses (i) through (iv) para- tortion under color of official right; tion, certificate, verification, or statement graph (4)(A); and ‘‘(4) section 1952, to the extent that the un- under penalty of perjury is made or in which ‘‘(B) regarding the association, connection, lawful activity involves bribery; or a proceeding takes place in connection with or dealings by a public official with an indi- ‘‘(5) section 1962, to the extent that the the oath, declaration, certificate, vidual, business, or organization as described racketeering activity involves bribery verification, or statement.’’. in clauses (iii) through (vi) of paragraph chargeable under State law, involves a viola- (2) CLERICAL AMENDMENT.—The table of (4)(A).’’. tion of section 201 or 666, section 1341 or 1343, sections at the beginning of chapter 79 of (b) CONFORMING AMENDMENT.—The table of when charged in conjunction with section title 18, United States Code, is amended by sections for chapter 63 of title 18, United 1346 and where the offense involves a scheme adding at the end the following: States Code, is amended by inserting after or artifice to deprive another of the intan- ‘‘1624. Venue.’’. the item relating to section 1346 the fol- gible right of honest services of a public offi- lowing new item: cial, or section 1951, if the offense involves SEC. 211. PROHIBITION ON UNDISCLOSED SELF- DEALING BY PUBLIC OFFICIALS. extortion under color of official right.’’. ‘‘1346A. Undisclosed self-dealing by public of- (a) IN GENERAL.—Chapter 63 of title 18, ficials.’’. (b) CLERICAL AMENDMENT.—The table of United States Code, is amended by inserting (c) APPLICABILITY.—The amendments made sections at the beginning of chapter 213 of after section 1346 the following new section: title 18, United States Code, is amended by by this section apply to acts engaged in on adding at the end the following new item: ‘‘§ 1346A. Undisclosed self-dealing by public or after the date of the enactment of this officials Act. ‘‘3302. Corruption offenses.’’. ‘‘(a) UNDISCLOSED SELF-DEALING BY PUBLIC SEC. 212. DISCLOSURE OF INFORMATION IN COM- PPLICATION OF MENDMENT (c) A A .—The OFFICIALS.—For purposes of this chapter, the PLAINTS AGAINST JUDGES. amendments made by this section shall not term ‘scheme or artifice to defraud’ also in- Section 360(a) of title 28, United States apply to any offense committed before the cludes a scheme or artifice by a public offi- Code, is amended— date of enactment of this Act. cial to engage in undisclosed self-dealing. (1) in paragraph (2) by striking ‘‘or’’; SEC. 208. INCREASE OF MAXIMUM PENALTIES ‘‘(b) DEFINITIONS.—As used in this section: (2) in paragraph (3), by striking the period FOR CERTAIN PUBLIC CORRUPTION ‘‘(1) OFFICIAL ACT.—The term official act— at the end, and inserting ‘‘; or’’; and RELATED OFFENSES. ‘‘(A) means any act within the range of of- (3) by inserting after paragraph (3) the fol- (a) SOLICITATION OF POLITICAL CONTRIBU- ficial duty, and any decision or action on lowing: TIONS.—Section 602(a)(4) of title 18, United any question, matter, cause, suit, pro- ‘‘(4) such disclosure of information regard- States Code, is amended by striking ‘‘3 ceeding, or controversy, which may at any ing a potential criminal offense is made to years’’ and inserting ‘‘5 years’’. time be pending, or which may by law be the Attorney General, a Federal, State, or (b) PROMISE OF EMPLOYMENT FOR POLITICAL brought before any public official, in such local grand jury, or a Federal, State, or local ACTIVITY.—Section 600 of title 18, United public official’s official capacity or in such law enforcement agency.’’. official’s place of trust or profit; and States Code, is amended by striking ‘‘one SEC. 213. CLARIFICATION OF EXEMPTION IN CER- year’’ and inserting ‘‘3 years’’. ‘‘(B) may be a single act, more than one TAIN BRIBERY OFFENSES. (c) DEPRIVATION OF EMPLOYMENT FOR PO- act, or a course of conduct. Section 666(c) of title 18, United States LITICAL ACTIVITY.—Section 601(a) of title 18, ‘‘(2) PUBLIC OFFICIAL.—The term ‘public of- Code, is amended— United States Code, is amended by striking ficial’ means an officer, employee, or elected (1) by striking ‘‘This section does not apply ‘‘one year’’ and inserting ‘‘3 years’’. or appointed representative, or person acting to’’; and for or on be half of the United States, a (d) INTIMIDATION TO SECURE POLITICAL CON- (2) by inserting ‘‘The term ‘any thing or State, or a subdivision of a State, or any de- TRIBUTIONS.—Section 606 of title 18, United things of value’ that is corruptly solicited, States Code, is amended by striking ‘‘three partment, agency or branch of government demanded, accepted or agreed to be accepted years’’ and inserting ‘‘5 years’’. thereof, in any official function, under or by in subsection (a)(1)(B) or corruptly given, of- authority of any such department, agency, (e) SOLICITATION AND ACCEPTANCE OF CON- fered, or agreed to be given in subsection or branch of government. TRIBUTIONS IN FEDERAL OFFICES.—Section (a)(2) shall not include,’’ before ‘‘bona fide ‘‘(3) STATE.—The term ‘State’ includes a 607(a)(2) of title 18, United States Code, is salary’’. State of the United States, the District of amended by striking ‘‘3 years’’ and inserting Columbia, and any commonwealth, territory, SEC. 214. CERTIFICATIONS REGARDING APPEALS ‘‘5 years’’. BY UNITED STATES. or possession of the United States. (f) COERCION OF POLITICAL ACTIVITY BY FED- Section 3731 of title 18, United States Code, ‘‘(4) UNDISCLOSED SELF-DEALING.—The term ERAL EMPLOYEES.—Section 610 of title 18, is amended by inserting after ‘‘United States ‘undisclosed self-dealing’ means that— United States Code, is amended by striking attorney’’ the following: ‘‘, Deputy Attorney ‘‘(A) a public official performs an official ‘‘three years’’ and inserting ‘‘5 years’’. General, Assistant Attorney General, or the act for the purpose, in whole or in material Attorney General’’. SEC. 209. ADDITIONAL WIRETAP PREDICATES. part, of furthering or benefitting a financial Section 2516(1)(c) of title 18, United States interest, of which the public official has f Code, is amended— knowledge, of— NOTICES OF HEARINGS (1) by inserting ‘‘section 641 (relating to ‘‘(i) the public official; embezzlement or theft of public money, ‘‘(ii) the spouse or minor child of the public COMMITTEE ON INDIAN AFFAIRS property, or records), section 666 (relating to official; Mr. AKAKA. I would like to an- theft or bribery concerning programs receiv- ‘‘(iii) a general business partner of the pub- nounce that the Committee on Indian ing Federal funds),’’ after ‘‘section 224 (brib- lic official; Affairs will meet on Thursday, March ery in sporting contests),’’; and ‘‘(iv) a business or organization in which 22, 2012, at 2:15 p.m. in Room 628 of the (2) by inserting ‘‘section 1031 (relating to the public official is serving as an employee, major fraud against the United States)’’ officer, director, trustee, or general partner; Dirksen Senate Office Building to con- after ‘‘section 1014 (relating to loans and ‘‘(v) an individual, business, or organiza- duct legislative hearings on S. 1684, the credit applications generally; renewals and tion with whom the public official is negoti- Indian Tribal Energy Development and discounts),’’. ating for, or has any arrangement con- Self-Determination Act Amendments

VerDate Mar 15 2010 04:09 Mar 22, 2012 Jkt 019060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A21MR6.052 S21MRPT1 pwalker on DSK7TPTVN1PROD with SENATE S1944 CONGRESSIONAL RECORD — SENATE March 21, 2012 of 2011; S. 1898, A bill to provide for the The PRESIDING OFFICER. Without AUTHORIZING SENATE LEGAL conveyance of certain property from objection, it is so ordered. REPRESENTATION the United States to the Maniilaq As- COMMITTEE ON VETERANS’ AFFAIRS Mr. DURBIN. Mr. President, I ask sociation located in Kotzebue, Alaska; Mr. HARKIN. Mr. President, I ask unanimous consent that the Senate and H.R. 1560, A bill to amend the unanimous consent that the Com- proceed to S. Res. 403, submitted ear- Ysleta del Sur Pueblo and Alabama and mittee on Veterans’ Affairs be author- lier today. Coushatta Indian Tribes of Texas Res- ized to meet during the session of the The PRESIDING OFFICER. The toration Act to allow the Ysleta del Senate on March 21, 2012, in room G–50 clerk will report the resolution by Sur Pueblo Tribe to determine blood of the Senate Dirksen Office Building, title. quantum requirements for membership beginning at 10 a.m. The legislative clerk read as follows: in that tribe. The PRESIDING OFFICER. Without A resolution (S. Res. 403) to authorize tes- Those wishing additional information objection, it is so ordered. timony, document production, and legal rep- may contact the Indian Affairs Com- SUBCOMMITTEE ON ANTITRUST, COMPETITION resentation in United States v. Richard F. mittee at (202) 224–2251. POLICY, AND CONSUMER RIGHTS ‘‘Dickie’’ Scruggs. COMMITTEE ON HEALTH, EDUCATION, LABOR, Mr. HARKIN. Mr. President, I ask There being no objection, the Senate AND PENSIONS unanimous consent that the Com- proceeded to consider the resolution. Mr. HARKIN. Mr. President, I wish to mittee on the Judiciary, Sub- Mr. REID. Mr. President, this resolu- announce that the Committee on committee on Antitrust, Competition tion concerns testimony, document Health, Education, Labor, and Pen- Policy, and Consumer Rights, be au- production, and representation in a sions will meet in open session on thorized to meet during the session of criminal matter pending in the United Thursday, March 29, 2012 at 10 a.m. in the Senate, on March 21, 2012, at 2 p.m., States District Court for the Northern SD–430 Dirksen Senate Office Building in room SD–226 of the Dirksen Senate District of Mississippi. In this post- to conduct a hearing entitled ‘‘FDA Office Building, to conduct a hearing conviction proceeding, the defendant, User Fee Agreements: Strengthening entitled ‘‘The Verizon/Cable Deals: Richard F. ‘‘Dickie’’ Scruggs, is seek- FDA and the Medical Products Indus- Harmless Collaboration or a Threat to ing to have his honest-services fraud try for the Benefit of Patients.’’ Competition and Consumers?’’ conviction vacated based on the Su- For further information regarding The PRESIDING OFFICER. Without preme Court’s intervening decision in this meeting, please contact the com- objection, it is so ordered. the case of United States v. Skilling. mittee on (202) 224–7675. SUBCOMMITTEE ON READINESS AND The criminal conviction, which re- f MANAGEMENT SUPPORT sulted from a guilty plea, involved the AUTHORITY FOR COMMITTEES TO Mr. HARKIN. Mr. President, I ask defendant’s scheme to bribe a State MEET unanimous consent that the Sub- judge by agreeing to ask Senator Lott to consider the State judge’s applica- COMMITTEE ON FOREIGN RELATIONS committee on Readiness and Manage- tion to fill a federal judicial vacancy. Mr. HARKIN. Mr. President, I ask ment Support of the Committee on The defense is seeking testimony from unanimous consent that the Com- Armed Services be authorized to meet a former staffer of Senator Lott about mittee on Foreign Relations be author- during the session of the Senate on a brief phone conversation between the ized to meet during the session of the March 21, 2012, at 10 a.m. Senator and the State judge. Neither Senate on March 21, 2012, at 10 a.m. The PRESIDING OFFICER. Without Senator Lott nor anyone on his staff The PRESIDING OFFICER. Without objection, it is so ordered. was aware of the defendant’s scheme. objection, it is so ordered. SUBCOMMITTEE ON STRATEGIC FORCES The defense is also seeking testimony COMMITTEE ON HOMELAND SECURITY AND Mr. HARKIN. Mr. President, I ask and document production from a staff- GOVERNMENTAL AFFAIRS unanimous consent that the Sub- er of Senator COCHRAN about contacts Mr. HARKIN. Mr. President, I ask committee on Strategic Forces of the with Senator COCHRAN’s office by or on unanimous consent that the Com- Committee on Armed Services be au- behalf of the State judge in his efforts mittee on Homeland Security and Gov- thorized to meet during the session of to obtain a federal judgeship. ernmental Affairs be authorized to the Senate on March 21, 2012, at 2:30 Both Senators Lott and COCHRAN meet during the session of the Senate p.m. would like to assist by providing rel- on March 21, 2012, at 10 a.m. to conduct The PRESIDING OFFICER. Without evant evidence from their staff in this a hearing entitled ‘‘Retooling Govern- objection, it is so ordered. proceeding. This resolution would ac- ment for the 21st Century: The Presi- f cordingly authorize Senator Lott’s and dent’s Reorganization Plan and Reduc- COCHRAN’s employees, and any other ing Duplication.’’ UNANIMOUS CONSENT AGREE- The PRESIDING OFFICER. Without MENT—EXECUTIVE CALENDAR Senate employee from whom evidence objection, it is so ordered. Mr. DURBIN. Mr. President, I ask may be necessary, to provide evidence in this action, with representation by COMMITTEE ON HOMELAND SECURITY AND unanimous consent that following dis- the Senate Legal Counsel. GOVERNMENTAL AFFAIRS position of the House message to ac- Mr. DURBIN. I ask unanimous con- Mr. HARKIN. Mr. President, I ask company S. 2038, the STOCK Act, the sent that the resolution be agreed to, unanimous consent that the Com- Senate proceed to executive session to the preamble be agreed to, the motions mittee on Homeland Security and Gov- consider the following nominations en to reconsider be laid upon the table, ernmental Affairs be authorized to bloc: Calendar Nos. 441, 462 and 463; with no intervening action or debate, meet during the session of the Senate that there be 2 minutes of debate and any statements be printed in the on March 21, 2012, at 2:30 p.m. to con- equally divided in the usual form; that RECORD. duct a hearing entitled ‘‘The Homeland upon the use or yielding back of time, The PRESIDING OFFICER. Without Security Department’s Budget Submis- the Senate proceed to vote without in- objection, it is so ordered. sion for Fiscal Year 2013.’’ tervening action or debate on Calendar The resolution (S. Res. 403) was The PRESIDING OFFICER. Without Nos. 441, 462, and 463, in that order; the agreed to. objection, it is so ordered. motions to reconsider be considered The preamble was agreed to. COMMITTEE ON THE JUDICIARY made and laid upon the table with no The resolution, with its preamble, Mr. HARKIN. Mr. President, I ask intervening action or debate; that no reads as follows: unanimous consent that the Com- further motions be in order; that any mittee on the Judiciary be authorized related statements be printed in the S. RES. 403 to meet during the session of the Sen- RECORD; that the President be imme- Whereas, in the case of United States vs. ate on March 21, 2012, at 10 a.m., in diately notified of the Senate’s action Richard F. ‘‘Dickie’’ Scruggs, Case No. 3:09– CR–00002–GHD–SAA, pending in the United room SD–226 of the Dirksen Senate Of- and the Senate then resume legislative States District Court for the Northern Dis- fice Building, to conduct a hearing en- session. trict of Mississippi, the defense has served a titled ‘‘Justice for All: Convicting the The PRESIDING OFFICER. Without subpoena for testimony on Hugh Gamble, a Guilty and Exonerating the Innocent.’’ objection, it is so ordered. former employee of Senator Trent Lott, and

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And I ator Thad Cochran; leaders or their designees, with the ma- guess that is true in a literal sense, but Whereas, pursuant to sections 703(a) and jority controlling the first half and the while Senator MIKULSKI may be modest 704(a)(2) of the Ethics in Government Act of 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the Republicans controlling the final half; in stature, she has one very large Senate may direct its counsel to represent that following morning business, the record on behalf of the public interest, employees of the Senate with respect to any Senate resume consideration of H.R. and I am especially grateful for all she subpoena, order, or request for testimony re- 3606, the IPO bill; further, that the fil- has done for people without power and lating to their official responsibilities; ing deadline for second-degree amend- people without clout. Whereas, by the privileges of the Senate of ments to the Reid motion to concur When we think about what has so an- the United States and Rule XI of the Stand- with respect to S. 2038, the STOCK Act, gered the American people—and I have ing Rules of the Senate, no evidence under be 10:30 a.m. on Thursday. heard the Senator from Colorado, the the control or in the possession of the Senate Presiding Officer, talk about this—it is may, by the judicial or administrative proc- The PRESIDING OFFICER. Without ess, be taken from such control or possession objection, it is so ordered. that people feel so disconnected from government; that you can have a com- but by permission of the Senate; f Whereas, when it appears that evidence munity meeting in Oregon or Colorado under the control or in the possession of the PROGRAM or Maryland or some other part of the Senate may promote the administration of Mr. DURBIN. Mr. President, there country, and somehow there is this justice, the Senate will take such action as sense what goes on in Washington real- will promote the ends of justice consistent will be a series of up to seven rollcall votes tomorrow, beginning at 2:30 p.m., ly has nothing to do with people in with the privileges of the Senate: Now, their home community. therefore, be it including completion of the IPO bill, Resolved, That Hugh Gamble, Brad Davis, the STOCK Act, and confirmation of Senator MIKULSKI doesn’t practice and any other employee from whom testi- three judicial nominations. public service that way. Senator MI- mony may be necessary are authorized to KULSKI has always felt, since the days testify, and Brad Davis is authorized to f when she was a community organizer produce documents, in the case of United ORDER FOR ADJOURNMENT and they were dealing with those com- States vs. Richard F. ‘‘Dickie’’ Scruggs, ex- munity problems and where are you Mr. DURBIN. If there is no further cept concerning matters for which a privi- going to locate a freeway or something business to come before the Senate, I lege should be asserted. of that nature, that public service and SEC. 2. The Senate Legal Counsel is author- ask unanimous consent it adjourn community service were always about ized to represent Hugh Gamble, Brad Davis, under the previous order following the being connected to people. She under- and any other employee of the Senate from remarks of Senators WYDEN and LAN- stood right away what people may say whom evidence may be sought, in connection DRIEU. at a townhall meeting now in Colorado with the testimony and document produc- The PRESIDING OFFICER. Without tion authorized in section one of this resolu- or Oregon about government being re- objection, it is so ordered. tion. moved from their lives, and for decades Mr. WYDEN. Mr. President, I ask she has practiced a very different kind f unanimous consent that the order for of public service. She did it when she DISCHARGE AND REFERRAL—H.R. the quorum call be rescinded. was a community organizer, she did it 306 The PRESIDING OFFICER. Without in the House of Representatives, and objection, it is so ordered. Mr. DURBIN. Mr. President, I ask she continues to do it today. unanimous consent that H.R. 306 be f Very often when we take the subway discharged from the Committee on En- to a vote and I ask her what she has TRIBUTE TO SENATOR BARBARA ergy and Natural Resources and re- done over the weekend, she will talk MIKULSKI ferred to the Committee on Environ- about families. She knows I was co- ment and Public Works. Mr. WYDEN. Mr. President, I have director of the Gray Panthers for many The PRESIDING OFFICER. Without been able to listen a bit to the wonder- years before I was elected to Congress, objection, it is so ordered. ful tributes over the last few hours to so we will talk about aging issues. And f Senator MIKULSKI. We all know of her everybody knows what she has done in wonderful service all these years, the the aging field and her interest in ORDER FOR PRINTING OF record that is being shattered—a very fighting Alzheimer’s. So it always TRIBUTES AND STATEMENTS special record. comes back to people, and that connec- Mr. DURBIN. Mr. President, I ask As I listened to some of the com- tion she brings to public service that is unanimous consent there be printed as ments, I was struck that tributes usu- so lacking from what Americans see is a Senate document a compilation of ally come in the Senate when one of the big problem in government today, materials from the CONGRESSIONAL our colleagues is leaving office or that much of what goes on here is sim- RECORD in tribute to Senator BARBARA sometimes one of our colleagues passes ply disconnected from their lives. MIKULSKI, and that Members have until away. And what I am struck by this What I see in BARBARA MIKULSKI is Thursday, March 29, to submit such afternoon is how glad I am and col- the real measure of what we want in a tributes. leagues on both sides of the aisle are public servant. We want someone who The PRESIDING OFFICER. Without that Senator MIKULSKI is very much is conscientious, we want someone who objection, it is so ordered. alive, and next week and next month is smart, we want someone who has f and in the years ahead she is going to good values and someone who always continue to bring this kind of tries to be a coalition builder. ORDERS FOR THURSDAY, MARCH wellspring of conscience and energy I have watched Senator MIKULSKI in 22, 2012 and passion and expertise to the Sen- lots of instances. We had one just re- Mr. DURBIN. I ask unanimous con- ate. cently where Senator MIKULSKI was sent that when the Senate completes I am going to have more to say in trying to find a balance on a difficult its business today, it stand adjourned terms of a lengthier speech, but she and contentious issue between industry until Thursday, March 22, at 9:30 a.m.; and I have had a special relationship and the environment, and I watched that following the prayer and pledge, for almost three decades. We served to- how she was trying to listen to both the Journal of proceedings be approved gether in the other body on the Energy sides. Maryland has some communities to date, the morning hour be deemed and Commerce Committee. We would where they have older plants, and if expired, the time for the two leaders be often show up at meetings together, she can’t take steps to protect those reserved for their use later in the day; and this is still a tradition that con- plants and have the workers keep their that following any leader remarks, the tinues now because we both have the jobs, a lot of people are going to hurt, Senate be in a period of morning busi- honor of serving on the Senate Select and Senator MIKULSKI always tries to ness for 1 hour, with Senators per- Committee on Intelligence. Senator keep that from happening. She has also mitted to speak therein for up to 10 MIKULSKI and I would walk in together, said clean air and the environmental

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As most of my fe- So tonight and through the day we check but insisted that she be paid for male colleagues in the Senate have have heard colleagues pay tribute. I her service. I think she might have also experienced, Senator MIKULSKI made mention of the fact that so often been paid $1 for her service. took me under her wing when I was I hear these tributes when a colleague Of course, the record of that 1 day on first sworn in as a Senator. She ex- is leaving the Senate. I would like to the floor speaks for itself. We have tended her hand to help me in every close these brief remarks by saying come a long way since that day. But way possible, to help me find my foot- that I am especially grateful that the BARBARA MIKULSKI was first elected to ing here as a Senator and to navigate cause of good government is enhanced the House in 1976, and then to the Sen- through the intricacies of the Senate by the fact that Senator MIKULSKI is ate 10 years later. When she first en- process. She was never too busy to hold very much alive. This is not a tribute tered this Chamber, there was only one out a helping hand or for a pat on the to someone who is leaving office, this other woman here, her friend and her shoulder. She was always willing to is a tribute to someone who is going to good, strong, supportive colleague, give that extra advice and, I might say, be here next week, next month, and the Nancy Kassebaum, a Republican from was always willing to suggest that you years ahead, continuing to shatter Kansas. So a Democrat from Maryland might have made a mistake—try it a little different way the next time—not those records as she advocates for peo- and a Republican from Kansas, but the one to mince words, but as a good Big ple who don’t have big lobbies, who two of them were quite a team and Sister would take us under her wing don’t have lots of political clout and BARBARA MIKULSKI speaks fondly of her and help us out as any good Big Sister can’t go out and hire PR firms and days with Senator Nancy Kassebaum. would do. well-paid and well-tailored advocates Today there are 17 of us and proudly we In addition to that wonderful, help- to walk the halls of the Senate. She is continue that tradition of respect and ful, and thoughtful gesture that she there for those people who don’t have a bipartisanship set in large measure by shared with me and so many, she has voice. She has been there for those peo- two of the women we greatly admire. been an inspiration to many women, ple ever since she was a community or- The late Representative Edith particularly young women who have ganizer in those early days in Balti- Nourse Rogers of Massachusetts, who looked up to her, trying to follow in more. served from 1925 to 1960, had previously her footsteps. When I think about trying to give held the record for the longest serving I can only say that this Senate and public service a good name, I think woman in Congress. Breaking this this Congress—the people of Maryland, about BARBARA MIKULSKI—our wonder- record is only one of the many mile- the people of our country and women ful friend, Senator BARBARA MIKULSKI, stones Senator MIKULSKI has accom- throughout the world—have been the senior Senator from the State of plished during her tenure in the Sen- blessed by her leadership. Maryland. We thank her for giving pub- ate. But, as she would so quickly say, What has touched me the most about lic service a good name. We thank her it is not how long you serve but how watching her is the fearlessness in for taking on the battles and the fights well you serve. It is not the length of which she serves. She does not back she has in the past. And we are all es- your service, as she said to us so many down. She knows herself, she is com- pecially grateful that at the end of this times, but the quality of your service. fortable in her own skin, and she tribute she will be back at her post a We could not have a better role doesn’t try to be someone she is not. few seats from me, standing for those model—in terms of effectiveness, She is very proud of her Polish-Amer- values and standing for those causes strength, tenacity, courage, boldness— ican background, always proud to talk that are so important to the well-being than in our own Senator BARBARA MI- about the bakery her parents owned, of this country. KULSKI. her immigrant background, and always Madam President, I yield the floor, She was the first female Democrat, so willing to share from her heart as and I suggest the absence of a quorum. the first in the history of our country, well as her mind some of what she be- The PRESIDING OFFICER (Mrs. to serve in both Chambers of Congress, lieves. SHAHEEN). The clerk will call the roll. the first female Democrat to be elected She has been nothing but an inspira- The legislative clerk proceeded to to the Senate without succeeding a tion to me and to many. I am so glad call the roll. husband or a father, and the first fe- I could come to the floor today, I am so Ms. LANDRIEU. Madam President, I male to chair an Appropriations Com- glad. I think almost every one of our ask unanimous consent the order for mittee. colleagues has made it to the floor to the quorum call be rescinded. I serve on the Appropriations Com- honor her. When God made BARBARA The PRESIDING OFFICER. Without mittee. It is one of the most powerful MIKULSKI, he threw away the mold. I objection, it is so ordered. committees in our Congress. When I don’t think there will ever be one like Ms. LANDRIEU. Madam President, I think about the fact that it took over her. There most certainly isn’t anyone may be the last speaker of the day, but 225 years for a woman to get the gavel in politics today who is like her. That I did not want to leave the Chamber or on just one of the 14 subcommittees— is good, to be unique in that way. She the building without taking a moment that number has changed over the dec- will be long remembered. I hope she to come to the floor, as so many of our ades—but if you think about it, from will serve here for many wonderful colleagues did today, to honor one of the beginning of our country’s history, years to come. I yield the floor. our own, one of our favorites. Not only those early days through the expansion is she a favorite to us but I am certain out West, through the Civil War, post- f beyond the shadow of a doubt that she Civil War history, the early part of the ADJOURNMENT UNTIL 9:30 A.M. is one of the favorite Senators ever to 1900s, World War I, World War II—never TOMORROW represent the State of Maryland. She is did a woman hold a gavel to write one The PRESIDING OFFICER. Under respected, she is beloved, and she is ad- budget for one committee in the entire the previous order, the Senate stands mired by millions of her constituents country, until BARBARA MIKULSKI re- adjourned until 9:30 a.m. tomorrow. from Maryland, but I can promise you ceived one of those gavels. Thereupon, the Senate, at 7:10 p.m., that is true of constituents in Lou- I can tell you from personal experi- adjourned until Thursday, March 22, isiana, potentially in your home State, ence serving with her on that com- 2012, at 9:30 a.m. mittee, our country is a better place— Madam President, and throughout the f world. in health, in welfare, our space pro- Last Saturday our friend and col- gram, our science and technology pro- NOMINATIONS league Senator BARBARA MIKULSKI of grams—because BARBARA MIKULSKI has Executive nominations received by Maryland became the longest serving used that gavel not to promote herself the Senate:

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THE JUDICIARY ALBERT A. CITRO III TORRANCE L. CONNER CHRISTOPHER P. CMIEL COREY A. COOPER RAINEY RANSOM BRANDT, OF THE DISTRICT OF CO- HARRISON B. GILLIAM ERIK A. CORCORAN LUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR MANUEL R. MEDINA TRAVIS E. COREY COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM MARK K. OHANLON AMY M. CORY OF FIFTEEN YEARS, VICE JOAN Z. MCAVOY, RETIRED. JOSEPH P. STEPHENS JASON L. COWAN DANIEL J. YOUNG THERESA B. COX DEPARTMENT OF JUSTICE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT REBECCA J. COZAD JOHN S. LEONARDO, OF ARIZONA, TO BE UNITED TO THE GRADE INDICATED IN THE UNITED STATES ARMY MIRANDA R. CRAIG STATES ATTORNEY FOR THE DISTRICT OF ARIZONA FOR UNDER TITLE 10, U.S.C., SECTION 624: JASON P. CRIST THE TERM OF FOUR YEARS, VICE DENNIS K. BURKE, RE- JASON S. CRITZER SIGNED. To be major CASSANDRA S. CROSBY MARK W. CROWDER JOHN R. ABELLA IN THE AIR FORCE JOSE J. CRUZ TIMOTHY M. ADAIR CHRISTEE S. CUTTINO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ELIZABETH A. ADAMS CASSANDRA E. DAILEY AS CHIEF OF AIR FORCE RESERVE, AND APPOINTMENT BRIAN J. ADKINS REBECCA A. DANGELO TO THE GRADE OF LIEUTENANT GENERAL IN THE RANDALL D. AGNEW CLAUDIA I. DANIEL UNITED STATES AIR FORCE WHILE ASSIGNED TO A POSI- ROMAINE M. AGUON GREGORY L. DARDEN TION OF IMPORTANCE AND RESPONSIBILITY UNDER BRIAN J. AHLERS JUSTIN L. DARNELL TITLE 10, U.S.C., SECTIONS 601 AND 8038 JACOB W. ALFORD MOLLY C. DAVIDSON To be lieutenant general DESHAUNDA R. ALLEN BRIAN D. DAVIS MICAH E. ALLEN MARCUS D. DAVIS MAJ. GEN. JAMES F. JACKSON XAVIER C. ALLEN OCTAVIA L. DAVIS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MATTHEW L. ALVAREZ SCOTT M. DAVIS IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BRAD D. ANDERSON THOMAS S. DAVIS CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE DESIREE L. ANDERSON TY G. DAWSON AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION SEAN M. ANDERSON CARTER G. DEEKENS 601: REYNA J. ANDREL JAMES W. DEER JORGE A. APONTE JOHN D. DEGIULIO To be lieutenant general TOBIAS S. APTICAR ROSA V. DELAGARZA MIGUEL A. AQUINO MAJ. GEN. ANDREW E. BUSCH DAVID W. DENNETT ADAM N. ARAUJO JOSEPH F. DENNING, JR. IN THE ARMY JAIME L. ARIZMENDI-AROCHO JERRY A. DEQUASIE DARRELL R. ARNDT LATIKA S. DIXON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NATHANIEL J. ARNOLD MICHAEL J. M. DIZON IN THE UNITED STATES ARMY TO THE GRADE INDICATED SAUL A. ARROYO MAX W. DONALDSON WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MICHAEL E. ASHTON CHARMAINE R. DOUCETTE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: STEVEN D. ATWOOD LONNY L. DOUTHIT To be lieutenant general CODY M. AUTREY THADDEUS J. DOUTHITT GEORGE M. AUTRY DAVID DUNCAN MAJ. GEN. ROBERT B. BROWN JAHREN D. BAEZ JEREMY R. EBDRUP THE FOLLOWING NAMED UNITED STATES ARMY RE- KYLE P. BAIR EARL L. ELAM SERVE OFFICER FOR APPOINTMENT AS CHIEF, ARMY RE- CHRISTOPHER M. BALDWIN GERVELINE ELIASSAINT SERVE AND APPOINTMENT TO THE GRADE INDICATED TIMOTHY J. BALLAS MARK A. ELLIS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND EMERSON F. BAMBA BARRICK K. ELMORE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 SHEILA A. BANKS JONATHAN ENGROOS AND 3038: STEPHEN F. BARKER LARRY L. EPPS, JR. MICHAEL J. BARNETT CHRISTY L. ERWIN To be lieutenant general JONATHAN BARRETO JOHN C. FAUST MAJ. GEN. JEFFREY W. TALLEY JOSE V. BARROS GINA M. FERGUSON MATHEW A. BAUMGARTEN VICTORIA L. FERREIRA IN THE NAVY CHRISTOPHER S. BAY ANDRE R. FIELDS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AARON J. BECKER GREGORY D. FINN IN THE UNITED STATES NAVY TO THE GRADE INDICATED JEFFREY M. BELCOURT TAMMY D. FISHEL UNDER TITLE 10, U.S.C., SECTION 624: BRIDGETTE R. BELL DAVID P. FLEMING SEAN M. BELL JAMES E. FLOTT To be rear admiral (lower half) STACY L. BEQUER KEITH L. FORD NOEL P. BERGERON BENVERREN H. FORTUNE CAPT. DOUGLAS G. MORTON DAVID H. BERGMANN ANTHONY L. FREDA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHRISTOPHER L. BERRY JONATHAN T. FREDRITZ IN THE UNITED STATES NAVY TO THE GRADE INDICATED DALE E. BERRY MICHAEL H. FULLMER UNDER TITLE 10, U.S.C., SECTION 624: LILLIAN A. BERRY BURTON FURLOW, JR. To be rear admiral (lower half) DAVID S. BEST MATTHEW F. FURTADO TRAVIS W. BLASCHKE CHARLES G. FYFFE CAPT. TERRY J. MOULTON WILLIAM D. BOISVERT SHANE L. GAINAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANGELA C. BORDEN TARONE L. GALLOWAY IN THE UNITED STATES NAVY TO THE GRADE INDICATED EDWARD L. BOULDIN TIMOTHY L. GALLOWAY UNDER TITLE 10, U.S.C., SECTION 624: JEREMY M. BOURQUE DUSTIN D. GAMACHE ELLHUE S. BOWLES, JR. LYDIA C. GANDARA To be rear admiral (lower half) BROOKS D. BOYD EFRAIN A. GARCIA-COLON DERWIN BRADLEY BRENT D. GARGUS CAPT. DAVID R. PIMPO TONEY M. BRANTLEY PROSPERO J. GATUS CAPT. DONALD L. SINGLETON GRANT J. BRAYLEY KENNETH J. GAUSE IN THE ARMY LARRY D. BRINSON, JR. WAYNE GENDRON WILLIAM O. BRITT III TAWOFIK M. GHAZAL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CRAIG L. BROE DUSTIN M. GILFOIL IN THE GRADE INDICATED IN THE RESERVE OF THE ARTHUR G. BRONG JARROD D. GILLESPIE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: AARON S. BROWN ALPHONSO A. GILMORE To be colonel CHRISTOPHER A. BROWN NAQUAVA E. GLENN JONATHAN L. BROWN AMAURY A. GOMEZ JAMES M. VEAZEY, JR. MICHAEL C. BROWN MICHAEL G. GOODKNIGHT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MORRIS BROWN, JR. CHAON P. GORDON IN THE GRADE INDICATED IN THE REGULAR ARMY TONI N. BROWN CHRISTOPHER J. GORDON JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, LEE M. BRUNER III GABRIEL GRANADOS U.S. C., SECTIONS 531 AND 3064: MIA P. BRUNER LESLIE A. GRAYHAM CHARLES V. BUIE JEDMUND W. GREENE To be major CORRIS L. BULLOCK JACQUELINE M. GREGG SHARI F. SHUGART QUINTON B. BURGESS MARIA M. C. GREGORY MICHAEL A. BURGETT DOUGLAS GRIFFITH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY L. BUTTARS WILLIAM F. GRIFFITHS IN THE GRADE INDICATED IN THE REGULAR ARMY KEVIN D. CAESAR DANIEL W. HADDOX UNDER TITLE 10, U.S.C., SECTION 531: JOE D. CALDWELL, JR. NATHAN L. HADLOCK To be major STEVEN E. CAMACHO KRIS B. HALEY NAYARI N. CAMERON ANTHONY L. HALL DANIEL A. GALVIN TAMIKO M. CAMPBELL JEREON W. HALL SEAN V. KELLEHER HILARY C. CAMPHOUSE JEFFREY P. HALLADAY JOHN P. KUNSTBECK TIFFANY L. L. CARLISLE MICHAEL A. HALLINAN THOMAS J. SEARS ANDREW S. CARPENTER DENNIS L. HAN THE FOLLOWING NAMED ARMY NATIONAL GUARD OF ESTHER CASARI KEVIN M. HARPER THE UNITED STATES OFFICERS FOR APPOINTMENT TO ADAM R. CATES NICOLE L. HARRELL THE GRADE INDICATED IN THE RESERVE OF THE ARMY LEANDER B. CATES SHAUNAREY HARRIS UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: BRAD A. CATON TONY L. HARRIS FRANK A. CENKNER W N. HARRIS To be colonel NATACHA CERISIER-WHETSTONE JOSHUA S. HARTWICK BRANDON M. CHAPMAN JOSHUA L. HEADLEY ANTHONY R. CAMACHO HELEN M. CHEARS ROBERT A. HEDGE, JR. CARLTON C. CLEVELAND II SEAN M. CHERMER KENNETH R. HEEBNER KEVIN R. KICK CARLSON D. CHOW BRIAN S. HEISE RICHARD J. SLOMA KENT L. CHRISTOPHER CHAD M. HENDERSON THE FOLLOWING NAMED ARMY NATIONAL GUARD OF DAVID M. CHUDY JEROME HENDERSON THE UNITED STATES OFFICERS FOR APPOINTMENT TO DAVID S. CLARK LAWRENCE E. HENDERSON THE GRADE INDICATED IN THE RESERVE OF THE ARMY NICOLE L. CLARK ANTIWAN M. HENNING UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: COURTNEY G. CLAYTON EVERETT M. HENRY II To be colonel ANTONIO C. COFFEY KENNETH E. HERNDON JOSHUA D. COLLINS CHRISTOPHER M. HILL JAMES M. BLEDSOE PATRICK A. CONFER PAUL E. HOLT, JR.

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JUSTIN T. HORSFALL NICHOLAS P. PANEPINTO MUHAREM TERZIC KATHRYN Z. HOSTETLER CATHERINE Z. PAPOULOGLOU GRANT T. THIMSEN ALEX J. HOUSTON III THOMAS A. PARKER CHRISTOPHER D. THOMAS GREGORY HOWARD, JR. VANESSA M. PARKER DRENNA L. THOMPSON DANIEL L. HOWSER MICHELLE L. PARLETTE JERMON D. TILLMAN ALLEN J. HUGHES ALICIA M. PARTIN ROSLYN D. TILLMAN ALFRED E. HUNTE III JEAN P. PAUL TONY D. TINDERHOLT JANAY L. HURLEY JON J. PEARL DANIEL P. TONE MATTHEW J. HURLEY AARON D. PEARSALL KEITH O. TONEY BRYAN C. HUTCHERSON STEPHANIE M. PEGHER ORLANDO L. TORRES JESSE J. IGLESIAS ERIC C. PENA ROBERT J. TREMBLAY MARIO M. IGLESIAS YVONNE V. PERDOMO WILLIAM N. TRENOR EDDIE L. IIAMS RYAN D. PERUSICH DANIEL T. TROST EUGENE IRBY GEOFFREY A. PETERS KENNETH M. TWITTY CHRISTOPHER D. ISBELL DWAYNE A. PETERSON VIC J. UNDERWOOD ALLAN S. JACKMAN RICKY PHAN CHRISTOPHER J. URYNOWICZ MATTHEW P. JACOBS ERIX S. PHILLIPS KATIE M. UTLEY LATOYA M. JAMES JON T. PHILLIPS MIKLOS S. VAJDA WILLIAM M. JAMIESON JEFFREY A. PHILLIPY PLOURDE VALLON HARLEY P. JENNINGS LANELLE J. PICKETT PATRICK S. VANKIRK NICOLE L. JEPSEN OBADIAH J. PILKINGTON EDISON H. VARGAS RAPHAEL A. JIMENEZ-RAMIREZ II CRISTIAN A. PINZON IAN J. VARGAS ALFONSO T. JOHNSON EDUARDO G. PLASCENCIA MELODY L. VARNER DEREK G. JOHNSON ADRIAN L. PLATER DOMINIC T. VAUGHAN EDWARD B. JOHNSON, JR. RICHARD R. PLESS JUAN A. VEGA JASON L. JOHNSON DEOSARAN POKHAI SOL A. VELEZ MARTIN A. L. JOHNSON DREW T. PONIVAS ERIC VERBURG MELISSA E. JOHNSON LEVITICUS D. POPE JUAN A. VILLATORO NAOMI S. JOHNSON TIMOTHY J. POWLAS THOMAS M. VIRNIG TEZSLYN L. JOHNSON MANUEL PRADO JOHNNY H. VUONG RACHEL J. JOSHUA KEITH N. PRATT LINDA C. WADE FELICIA JOYNER ROBERT T. PREMO ROBERT L. WALLS JOHNNY J. JUN PATRICK B. PRESTON SHAREEFAH J. WATERS MATTHEW P. KENT KENNETH D. PRICE ASHLEY L. WATSON JOSHUA T. KERTON ALIM A. QAASIM LATASHA WATSON STEPHEN J. KILDOW JEFFREY J. QUAIL CAREY E. WAY SARA D. KIMSEY NEROLIZA QUILES ANTHONY J. WEILBACHER ERIC K. KING ANGELA M. QUINN JOHN D. WEISSENBORN STACY L. KING AGUSTIN QUINONESVARGAS BRIAN J. WELCH VALERIE KNIGHT ERIK QUIRALTE ALLEN S. WELLMAN BRANDON M. KOAY EUPHEMIA S. RAMEY BRANDY L. WEST JOSEPH D. KOMANETZ SCOTT A. R. RAMIREZ ROBERT J. WEST BONNIE S. KOVATCH TINA L. RAMIREZ BRETT C. WHEELER KELLI J. KULHANEK RAMON G. RAMOS ALEX B. WHITE AMANDA R. LAM PAUL H. RAMSEY CHRISTOPHER M. WHITTEN JOHN D. LAMKIN WILLIE R. RAMSEY CORNELIUS D. WILBERT DANIEL E. LANDRUM JIBRIL B. RASHAD BRANDON J. WILKINS MARIEJANE V. LARIMER ADAM D. RAY AGNITA M. WILLIAMS MELINDA LATTING KALIN M. REARDON ANDREA WILLIAMS CLEOPATRA W. LAWSON PATRICK J. REARDON BRIAN M. WILLIAMS ALBERT J. LEE MARK C. REED DAVID C. WILLIAMS MICHAEL J. LEE ZAMBIA S. REMLEY JACQUELINE R. WILLIAMS KATHERINE A. LEIDENBERG ARLENE C. RILEY JAMES M. WILLIAMS RONALD C. LENKER MATTHEW C. RIVERA JAY A. WILLIAMS WILLIAM A. LESLIE, JR. MELODY D. ROBINSON KELSY R. WILLIAMS DENNIS M. LEUNG NARVO N. ROBINSON NICHOLAS I. WILLIAMS JASON M. LOGAN STEVEN C. ROBINSON YOLANDA M. WILLIAMS HANS J. LOKODI DANIEL RODRIGUEZ, JR. BENJAMIN E. WILSON EDGAR A. LOPEZ JEREMY J. ROGERS NICKOLA R. WILSON MIREYA K. LUMPKIN CHRISTOPHER J. RONALD RICHARD S. WILT, JR. JOSHUA H. LUNSFORD BENJAMIN ROSARIO-CAMACHO CHANCE L. WIREY JOEL M. MACHAK WILFORD A. RUFFIN JEFFREY L. WITHERSPOON CHARLIE MACK III EDWARD R. RUNYAN DEWAYNE G. WOOD JAMAAL A. MACK AMY A. SAAL EDWARD M. WOODALL JASON S. MALONE JEFFREY L. SACKS PHILLIP G. WOODEN THOMAS J. MARBURY RODRICK C. SALTER SHANON B. WOODS MARGARET J. MARCELLO DAVID A. SANCHEZ JAMES E. WORD CHRISTIAN C. MARKS JAYSON A. SANCHEZ LAURIJEAN C. WRIGHT JOSEPH C. MARSHALL ADIA H. SANDERS CHAD D. WRIGLESWORTH WALTER L. MARSHALL GARY E. SANDERS II DANIEL M. YABLONSKI JEFFREY L. MARSTELLER JAMES C. SANDERS TRACY L. YATES ROBERT P. MASSEY KENNETH E. SCATTERGOOD STANLEY M. YOUNG CHRISTOPHER J. MASSON RALPH E. SCHNEIDER IV WILLIAM Y. YUN IRMA M. MATOS SCOTT M. SCHOEN AMBER R. ZEIGLER ERIK D. MATTES JOHN B. SCHULKE, JR. ALAN ZERO ROBERT A. MATTHEWS JONATHAN M. SEITER ADAM C. ZIEGLER JOHN V. MAUNTEL PAUL D. SELL JASON S. ZMIJSKI ERIC S. MCCALL ROBERT S. SHAW D011081 MICHAEL R. MCCARTY ALAN W. SHOLES, JR. D010584 MARY K. MCCRAY JOHN D. SHORT AARON M. MCCULLOUGH JAIME L. SIMMONS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RONNIE D. MCCULLOUGH BRADLEY C. SINES TO THE GRADE INDICATED IN THE UNITED STATES ARMY RYAN P. MCDONALD MICHAEL S. SJOSTROM UNDER TITLE 10, U.S.C., SECTION 624: PAUL D. MEDLEY DENNIS I. SLATTERY To be major GERARDO MENAL ALLY M. SLEIMAN JOAQUIN M. MENO CHER C. SMITH DREW Q. ABELL RENEE M. MICHEL CRYSTAL V. SMITH JOHN C. ACOSTA MICHAEL A. MIGNANO EDWARD J. SMITH BRADY C. ADAMS KORY C. MILLER GREGORY S. SMITH MATTHEW J. ADAMS MICHAEL R. MILLER JOEL D. SMITH BRADLEY K. ALLBRITTEN NICHOLAS J. MILLER JOSHUA J. SMITH ERNEST A. ALMAZAN RENINA C. MILLER KELLEY A. SMITH PETER P. ALMIREZ JAE K. MIN OLIVER D. SMITH IVAN M. ALVARADO MATTHEW W. MISKOWSKI SHANNON I. SMITH HUMBERTO A. ALVAREZ JEANNETTE M. MOLINA STANTON W. SMITH DARIUS D. ANANIA DONALD MOORE, JR. EUNICE H. SORRELL ANN S. ANDERSON DONWAYGO R. MOORE, SR. JOSHUA D. SOUTHWORTH JUDITH ANTOINE JODIE M. MOORE TREVOR A. SPARKS DANIEL B. ANTON AYANNADJENABA A. MORALES JAMIE M. STAHL SIDDAHARTHA G. ARIAS CARL M. MOSES AMANDA K. STAMBACH MATTHEW J. ARNOLD DAVID C. MOSES BRIAN S. STANLEY DALLEN R. ARNY KIRK E. MOSS NICOLE R. STARR TERRY L. ARVA JAMES D. MULLIN VICTORIA S. STAUFFER BRETT J. ASHWORTH AVA W. MURPHY JERRY STECHER CHARLES T. AUSTIN PATRICIA C. MURPHY DAKOTA R. STEEDSMAN CARLO U. AVERGAS SHANE L. MURPHY MELISSA M. STEVENSON GINA M. AVILES LASHONDA C. NAIRN MATTHEW A. SUHAR CHARLES R. BAILEY JACOB T. NAYLOR MATTHEW B. SULLIVAN JONATHAN N. BAILEY ANTHONY P. NEWMAN VIRGINIA A. SUPANICK MARK J. BALBONI CHRISTIAN S. NEWTON ROBERT J. SUTTON MICHAEL J. BALLARD TYLER D. OLSEN CAMILLA M. SWAIN CHRISTIE E. BANNER HADIYA E. ONEAL RYAN D. TACKETT LAWRENCE E. BARBER STEPHEN F. OSTRANDER JUAN TALAMANTES, JR. MATTHEW S. BARGER WILLIAM OWEN MARILYN TAMATAVE STEPHEN W. BATEMAN MICHAEL O. OZOLS VERNON D. TAYLOR AARON D. BEAM TIMOTHY N. PAGE KEISHA A. TEIXEIRA JOSHUA P. BEARD MATTHEW P. PANEPINTO DWAYNE M. TERRY RICHARD D. I. BECKER

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CHARLES J. BELL PAUL D. EGGIE EVAN D. JOHNSON NICOLE A. BELL ASHLEY R. ELLIS JEFFREY E. JOHNSON TRAVIS M. BELLER MICHAEL J. EMERSON JOEL M. JOHNSON BENJAMIN K. BENNETT PAUL A. ESCOBAR KHALI D. JOHNSON ARTHUR J. BENSON CHARLES D. ESTER SETH A. JOHNSTON DANNY L. BERNDT LUIS A. ETIENNE TERRY L. JOINER WYMAN T. BEY JULIANNA M. EUM JAMES M. JONES SPENCER BIAH KEVIN L. EVANS JENNIFER D. JONES CHRISTOPHER S. BILLINGSLEY CHRISTINA A. FANITZI RYAN D. JONES MARTY W. BISHOP LEMAR A. FARHAD STUART W. JONES COLLIN A. BISSELL CHRISTOPHER D. FELIX JASON E. KALOW JUSTIN T. BLADES ANTHONY J. FENNELL BAI S. KAMARA MELISSA A. BLONDIN JAY G. FIGURSKI JOSEPH M. KAMINSKI SCOTT M. BOBIER JUSTIN L. FINCHAM ALEX F. KATAUSKAS DAVID G. BOCK NATHAN K. FINNEY BRIAN A. KAVANAGH CHRISTOPHER B. BOER PHILIP J. FISHER DAVID F. KEITHAN BEN M. BORJA ANTHONY D. FISIC GERALD L. KELLER BLAKE C. BOTILL SHAWN M. FITZGERALD DANIEL J. KEMPEN ROBERT H. BOTSFORD IAN W. FLEISCHMANN JASON P. KENDZIERSKI BENJAMIN S. BOWDEN JANIS D. FLEMING SEAN K. KENEALLY GREGORY J. BOWLES CHARLES M. FLORES PHILLIP J. KERBER SIMON A. BOYD PETER R. FLORES, JR. BRETT T. KETCHUM TRAVIS B. BRASHERS AARON C. FORD DANIEL K. KILGORE MATTHEW J. BRENNAN KYLE D. FORD EZRA Y. KIM KENNETH N. BROCK MICHAEL M. FORESTER JAMES H. KIM JAMES M. BROGAN ADAM FORREST JAMES E. KING KENNETH B. BROOKS JACOB P. FOUTZ COLIN M. KINSELLA THOMAS V. BROOKS JOSHUA M. FRANCIS JARED R. KITE DAVID C. BROWN YASMIN J. FRANCIS BENJAMIN H. KLIMKOWSKI SEAN C. BROWN JOHANNA M. FRANCO KRAIG M. KLINE TEKEITHIA C. BROWN MAI L. E. FRANCO DUSTIN M. KNAUS MATTHEW O. BRUNDAGE WILLIAM P. FREDERICK WESLEY N. KNIGHT JOHN W. BRUSHABER SEAN A. FRERKING DONALD D. KOBAN ALICIA E. BRYANT CHRISTOPHER M. FRISBIE WILLIAM L. KOCH STEPHANIE M. BUCK MALLORY A. FRITZ DEREK J. KOCHER JERRY D. BUCKLES WILLIAM P. FROST MICHAEL A. KOTICH DANE W. BUCKLEY MAXWELL E. FULDAUER MAXIM A. KREKOTNEV WILLIAM N. BURGOS, JR. JOSHUA W. FULLER DANIEL KULL DAVID W. BUTLER BRADFORD L. GADDY MICHAEL C. KURTTI JOHN A. BYRD PAUL K. GALBRAITH AARON J. KUYKENDALL FELIX K. CANETE JOSEPH GARWACKI STEVE S. KWON ENRIQUE T. CANIZALES-PYLES JIMMY F. GASTON III DARRELL C. LADNIER JEFFREY L. CANNING CARL GAUSE, JR. JAMES R. LALLY KENNETH W. CAREL JASON J. GENARD CLAUDE A. LAMBERT JUAN F. CARLETON KURT L. GERFEN BRIAN H. LAMPERT CHAD E. CARR DAVID E. GERVAIS BRADLEY T. LANG DERRICK P. CARVER MATTHEW L. GETTINGS FRANCES P. LANG MARY C. CASSIDY MATTHEW C. GILL JEFFREY J. LANG ALBERTO CASTRO JOSHUA L. GLENDENING KEVIN S. LARRABEE ALLAN J. CATINDIG EDWARD F. GOLDNER NICOLE B. LAUENSTEIN STEVEN R. CAVIN MICHAEL D. GORE JOSEPH A. LAVALLE-RIVERA JESUS CEJA RANDALL T. GRAHAM CLARENCE L. LAWSON, JR. MICHELLE F. CENDANA LEE P. GRAY ANDREA L. LEAMAN ANTHONY E. CERULLO GEORGE C. GREANIAS LUCAS J. LEASE ALEX B. CHANEY CHRISTOPHER R. GREEN MICHAEL L. LECCLIER KAREN CHARCHAN JOHN D. GREEN GREGORY M. LECLAIR BRIAN CHEN NEAL R. GREEN AUVIE R. LEE BRUCE E. CHOJNACKI TERRENCE R. GRIFFIN CHRISTOPHER S. Y. LEE ANDREW E. CHOVANCEK BRENDA L. GRUSING JAMES A. LEIDENBERG NORMAN R. CHRISTIE REGINALD GUILLET TRACY B. LEON YOUNG H. CHUN GORDON F. GUILLOT JARROD L. LESLIE JONATHAN M. CINTRON ZACHARY L. HADFIELD WILLIAM C. LEWIS DOMINICK G. CLEMENTE, JR. RICHARD E. HAGNER CHRISTY A. R. LICKLIDER SHARMAN J. CLINCY CHRISTOPHER M. HALL JENNIFER D. LILES JASON C. COAD GERALD S. HALL TOMEEKA LILLY TRAVIS L. COFFMAN ZENIN J. HAMAGUCHI DONALD W. LINCOLN JAMES V. COLLADO BRYAN T. HAMILTON GEORGE J. LINDSEY VICTOR COLLADO ANTHONY J. HAMMON MARCUS E. LOPEZ ROBERT N. COLLIER LUCAS J. HARAVITCH DEBBIE C. LOVELADY CHRISTOPHER A. COLLINS KENNETH D. HARDY ARNIE F. LUCAS III CHRISTOPHER M. COLLINS EVERETT HARRIS CHRISTOPHER D. LUNDIN JUSTIN E. COLLINS NANCY K. HARRIS WESLEY H. LUTHER CHRISTOPHER U. COLUMBRES MARCUS A. HARRISON JAMES C. MACHADO DENNIS J. COMPTON SETH R. HARTMANN JEFFREY N. MACKINNON JOHN M. COMSTOCK JAMES H. HARVEY MICHAEL A. MADDOX JOSHUA S. CONARY SIMEON M. HARVEY BRANDY L. MALONE WILLIAM J. CONSTANTINO JAMES N. HARVILLE KELLY L. MARKIN JEREMY A. COOPER JACK HATFIELD III JAE C. MARQUIS CASEY J. CORCORAN ROBBY A. HAUGH MICHAEL A. MARTIN ERIC B. CORDAS AUSTIN T. HAYES CLARE MARTINEZ STEPHEN P. CORPUS PATRICK R. HEIM JONATHAN MARTINEZ LUCAS P. COTTRELL JONATHAN M. HEIST KIRSTIN S. MASSEY JOHN M. CRAIGHEAD WILLIAM L. HEITZMAN JOHN P. MAYO MATTHEW S. CROSBY RUSSELL W. HENNESSEY JOHN J. MCALLISTER WILLIAM R. CROSS HERSCHEL L. HENRY ALTON R. MCCALLUM TIMOTHY P. CULLERS DEAN K. HERMAN CHRISTOPHER B. MCCARVER JONATHAN P. CURTIS SHAWN R. HERRICK MICHAEL K. MCCOY GREGORY E. CZYZYK DANIEL D. HICKEY MICHAEL B. MCCRANIE CHARLES G. DAILEY NATHAN L. HICKS MATTHEW W. MCCRAY PAUL A. DALEN LIESL K. HIMMELBERGER JASON J. MCCUNE DEREK A. DALY MATTHEW R. HINZE COLIN J. MCELROY DONALD J. DANGLER ROBERT C. HOFFMAN PATRICK M. MCGRATH CHAD S. DANIELS GREGORY L. HOLIMAN RHONDA L. MCRAE BOBBY E. DAVIS, JR. DEBORAH L. HOLLAND CLINTON C. MEAD ELDONDA L. DAVIS BARBARA M. HORNE RICKIE R. MEERS, JR. MARK A. DAVIS DARNELL H. HOWARD DEREK W. MEHRTENS MATTHEW B. DAVIS DEMETRIUS D. HOWARD ERIK F. MELENDEZ STEVEN A. DAVIS DAVID H. HOYT JOSHUA G. MENDOZA ROBERT A. DAY GEORGE W. HUGHBANKS NATALIA R. MERCEDES-WILLIAMS AARON M. DEAN KEN M. HUGHES MELISSA C. MESSARE DAVID E. DEHART DAVID M. HUNTER JACOB I. MEYER TRAVIS D. DELKER MATTHEW J. HUNTER SEAN P. MICHAELSON LEONARD B. DELLA-MORETTA III SCOTT D. HUNTLEY EDWARD MIKKELSEN, JR. DAVID S. DIETZ WILLIE R. HUTCHINSON JASON C. MILLER TIFFANY L. DILLS FRANK K. HWANG MATTHEW L. MILLER HARRY L. DINGLE KEVIN T. IKE PATRICK G. MILLER CHRISTOPHER W. DISTIFENO ERIK M. ILIFF RYDER S. MILLER PAUL D. DOLEZAL KARL T. IVEY AMANDA MILNER TIMOTHY M. DOLL ANTONY B. JACKSON EDWARD J. MINOR MICHAEL L. DONEGAN ERIC T. JACKSON GARRICK P. MINOR ANDREW X. DOWNEY ROSS E. JACKSON AZUCENA MONTENEGRO JACKSON DRUMGOOLE II THOMAS P. JACOBS DUANE A. MONTOYA JEFFREY G. DUPREE BRIAN JAMES CHARLENE MOORE MICHAEL A. DUVAL TRAVIS W. JAMES JOHN F. K. MOORE PHILLIP A. DYE BRIAN M. JANTZEN BENJAMIN T. MOREHEAD CHRISTOPHER R. DZIADOS TIMOTHY L. JENKINS KYLE V. MOSES ETRIK J. EDDY MICHAEL T. JESSEE CARDY MOTEN III

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CHRISTOPHER L. MUGG BRIAN T. SCHNEIDER ADLAI W. WILLIAMSON PATRICK R. MUGG BENJAMIN A. SCHNELLER ERIC N. WILSON DAVID A. MULLINS CLINTON R. SCHOFIELD JASON P. WILSON CHRISTOPHER U. MUNAR DAVID V. SCHULZ KENTRELL R. WILSON KEVIN C. MURNYACK JASON D. SCHWAB DARA L. WINNEY BRIAN P. MURPHY GAVIN D. SCHWAN CHRISTIAN R. WOLLENBURG JASON P. MURPHY BLAKE E. SCHWARTZ SETH M. WOMACK BRIAN S. MURRAY TERI E. SCROGGINS JUSTINE R. WONG JASON M. MUSGROVE ELIZABETH A. SEATON LOREN Y. WONG DAVID C. MUSICK LEWIS F. SEAU ADAM C. WOODBURY MICHELLE T. MYERS MICHAEL S. SENFT ERIK J. WRIGHT MICHAEL E. NAAS ZACHARIAH SEPULVEDA ERIK R. WRIGHT JEFFERY S. NASON SCOTT A. SEWELL JAMIE R. WRIGHT TYRONE L. NELSON NICHOLAS J. SHALLCROSS BENJAMIN J. WU SEAN P. NEWCOMB JESSE L. SHAW, JR. KELLY M. YARD BRAD A. NEWNUM CHRISTOPHER T. SHERBERT ALEX H. YI DAT T. NGUYEN BRAD K. SHIMATSU YONG YI VINH Q. NGUYEN JASON S. SHIN VICTOR M. YINH GLIDDEN NIEVES JARROD S. SHINGLETON PHILIP T. ZAPIEN EDWARD F. NORRIS MATTHEW D. SHIRLEY JASON A. ZERUTO STEPHEN M. NOTERY THOMAS J. SILIO BRYAN D. ZESKI DONALD J. NUNEMAKER STEVEN R. SIMMONS, JR. MICHAEL D. ZIBERT ROBERTO NUNEZ MICHAEL D. SIMPSON NIKOLAUS ZIEGLER RICHARD L. NYGAARD ORLANDO C. SIMS MATTHEW A. ZIMMERMAN RICARDO E. OCASIO DANIEL M. SINGLETON DANIEL N. ZISA RAYMOND W. ODONNELL THOMAS P. SIRICO JEREMY M. ZOLLIN GERALD M. ODOWD ASHANTI M. SKINNER D010577 PAUL C. OGWO RONNIE L. SLACK D010957 JASON M. ONEAL CHARLOTTE E. SMART-MCGHEE D010386 JORDAN D. ORDONIO DANIEL K. SMIT G010006 EGAN L. OREILLY JEROMIE D. SMITH G010121 MARK F. ORLANDI JOSEPH A. SMITH D010648 ISMAEL ORTIZ-RIVERA KEMIELLE D. SMITH G001454 JOSE F. ORTIZ-TRINIDAD MICHAEL SMITH D010489 CHAD A. OTT OCTAVIA R. SMITH G010092 JEREMIAH S. OWOH GAETANO M. SNOW JASON A. PARDEE BRENT SOELBERG THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RUSSEL T. PARHAM JUNG S. SOH TO THE GRADE INDICATED IN THE UNITED STATES ARMY MATTHEW S. PARISH JUDITH SOTO UNDER TITLE 10, U.S.C., SECTION 624: AARON M. PARKER PATRICK S. SOUTHERLAND To be major DANIEL I. PATON IV AMBER SPAIN JARED G. PECK CONRAD D. SPANGLER EDWARD C. ADAMS JERRY L. PEEBLES LOUIS J. STANGLAND MICHAEL M. ADAMS DARRELL E. PEEK CHRISTOPHER L. STANGLE RANDALL J. ADAMS WINSTON A. PERRY JAMES S. STEWART ALLISON C. AGUILAR EDWARD T. PESKIE SEAN A. STEWART ANTHONY B. AGUILAR ROBERT L. PETERS MICHAEL B. STOKES MELISSA A. AGUILAR JOCOLBY W. PHILLIPS GLORIA E. STRINGER MARTIN AGUIRRE MARISA C. PIASECKI NAKIA J. SUMMERS ARNALDO C. ALBORNOZ JACOB C. PIERCE KELLY K. SUNDERLAND BILLY J. ALEXANDER BRADLEY K. PIETZYK CHRISTOPHER M. SUTTLES JASON M. ALEXANDER BRYAN W. PLASS ERICK C. SUTTON WALTER T. ALLARD MICKEY J. PLETCHER JOY C. SWANKE JASON D. ALLEN MARTHA A. PLUMLEY JAYSON L. SWEET KIMBERLY N. ALLEN ANDREW B. POKORA EUGENE SZYMANSKI RONALD M. ALLEN BENJAMIN POLANCO MARGARET D. TAAFE-MCMENAMY TIMOTHY L. AMBROSE MICHAEL T. POPE ELMER W. TAKASH III MARTIN D. ANDERS JAMES L. POTTER KENNETH S. TAKEHANA DANIEL J. ANDERSON LUIS E. PRECIADO KEVIN R. TANQUARY JON C. ANDERSON STEVEN E. PRESSLEY RYAN G. TATE KARO M. ANDERSON JAMES M. PRICE JESUS A. TAVARES, JR. NICHOLAS K. ANDERSON NATHAN R. PULLIN BRYAN T. TAYLOR PATRICK J. ANDERSON RYAN E. PURDY THOMAS W. TAYLOR II RICHARD H. ANDERSON JASON W. PYSKA MARCELO C. TEALDI RICHARD S. ANDERSON JASON A. QUASH ELIZABETH A. TEDRICK GRAYSON F. ANGUS MARIO A. QUEVEDO ROBERT P. TEXTER ADAM D. ANTONINI CARLOS A. RAMOS DARREN J. THOMAS ANTHONY APPLEGATE ANDREW J. READY JAMES H. THOMAS ALEX A. AQUINO THOMAS E. REDDICK, JR. KAI J. THOMPSON BAUDELIO ARIAS, JR. MICHAEL R. REDINGTON KEVIN G. THOMPSON DAMON T. ARMENI ANDREW C. REED ROBERT L. TINDALL ADAM W. ARMSTRONG KETTY N. REED JASON P. TISDALE DOUGLAS A. ARMSTRONG SANDRA E. REEVES PAUL W. TOMLINSON II MICHAEL C. ARNONE JOHN A. REGAN WILFORD A. TONEY DAVID E. ARROYO-BURDETT CHRISTOPHER P. REILLY ROBERT H. TOPPER, JR. NIKOLAS J. ASARO CORY S. REITER FELIX TORRES GEORGE J. ATHANASOPOULOS JESUS REYES IVAN TORRES JAMES A. ATTAWAY ALBERTO J. REYNOSO MICHAEL B. TOWNER FREDERICK J. BABAUTA BRAD A. RICE NADIA L. TRAYLOR JUSTIN L. BABCOCK DAVE C. RICHARDS SERGIO R. TREJO, JR. SEAN M. BADWOUND AMANDA B. RIFFER ADAM C. TUMBLIN STEWART D. BAILEY ADAM L. RIGGS JENNIFER M. TUREK MICAH I. BAKER ALBERT RIOS AARON S. TURNER MARIUS B. BALAS BRADLEY R. RITZEL JAMIESON L. TWIST ANDREW K. BARHAM JOHN A. RIZZUTO TIMOTHY D. TYNER JAMES P. BARNHART OMAR M. ROBERTO-CAEZ BENJAMIN K. ULLRICH ANDREW T. BASQUEZ CHRISTOPHER C. ROBERTSON MATTHEW P. UPPERMAN CRYSTAL B. BATEY JOHN B. ROBERTSON BRYAN M. VADEN JAMES A. BATTLE STEVEN L. ROBERTSON JENNIFER E. VALDIVIA AARON B. BATY DAVID RODRIGUEZ BENJAMIN J. VANMETER CHRISTOPHER O. BEAL MINERVA A. RODRIGUEZ BRANDON L. VANORDEN STEVEN W. BEARD KENNETH W. ROEDL STEPHAN A. VARGA ADAM BEATON, JR. GUILLERMO ROJAS, JR. JORGE E. VARGAS HERBERT F. BECK PETE ROONGSANG THOMAS W. VOGAN MICHAEL F. BECK MATTHEW T. ROSEN ALEXANDER M. VUKCEVIC CRAIG T. BEESE KRISJAND A. ROTHWEILER TRUNG N. VUONG SCOTTIE J. BENSON JOHN A. ROUSSEAU DENIS M. WAGNER GEORGE E. BERNDT BRYAN A. RUCKNAGEL ROMELL WARD TRAVIS BETZ RAMON A. RUIZ, JR. JESSICA D. WATSON TIMOTHY P. BIART MORGAN R. RUST WESLEY P. WATSON RAYMOND H. BIJOLLE JAMES D. RYAN SCOTT J. WEEMAN AARON L. BILLINGSLEY ALPHIE G. SACHNIK WILLIAM F. WEILAND JAMES C. BITHORN ANGELICA M. SALAZAR JONATHAN W. WELBORN JOSEPH C. BLACK DAVID SALAZAR SHAIN R. WERTHER DAVID W. BLACKWELL KYLE SALTZMAN WILLIAM W. WESSLING CHRISTIAN D. BLEVINS PEDRO R. SANABRIA FREDERICK J. WEST KWAME O. BOATENG PABLO SANCHEZ TYRONE O. WEST JENNIFER J. BOCANEGRA KELLY J. SANDERS TRENT M. WESTON STEPHAN R. BOLTON GREGORY E. SANDIFER DARRELL T. WHITE ROBERT E. BONHAM ERASMO SANDOVAL MATTHEW N. WHITE JEFFREY P. BOTTRELL PHILLIP J. SANTOLI CLAY T. WHITMAN JEREMY J. BOUDREAUX JEFFREY J. SANTOS VANCE K. WHITT MATTHEW J. BOWMAN STEPHEN J. SAPOL BENJAMIN T. WILLIAMS KEVIN L. BOYD ERICH J. SAUER BRENT S. WILLIAMS STEPHEN R. BOZOVICH KALE D. SAWYER DONYEL L. WILLIAMS BRANDON D. BRADLEY PAULA J. SCHEMMEL KARIF T. WILLIAMS PATRICK M. BRADLEY ROBERT W. SCHMOR SONIA S. WILLIAMS JOSEPH W. BRADSHAW

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EVAN W. BRAINERD STEVEN C. DAVIES NICHOLAS P. GRAHAM ROBERT M. BRANDSTETTER DAMASIO DAVILA JOHN D. GRANLUND SCOTT L. BRANDT ANDREW L. DAVIS II GEORGINA M. GRANVILLE ELLINORE S. BRANDY MARVIN D. DAVIS WILLIAM C. GRAVES RICARDO BRAVO NANSHANTA B. DAVIS CHRISTOPHER M. GREEN JOSEPH O. BREEDLOVE NATHANIEL M. DAVIS EMILY W. GREEN CHARLES S. BRINK MATTHEW J. DAY GREGORY S. GREEN JONATHAN M. BRITTON CASEY A. DEAN RYAN M. GREENAWALT JIM A. BROCKINGTON TODD A. DECA ROBERT H. GREGORY CURTIS E. BROOKER TIMOTHY J. DECKER II MICHAEL A. GRETZ CLINTON E. BROOKS TIMOTHY W. DECKER SIMON P. GRIMM CLINTON W. BROWN RENE M. DELAFUENTE DENNIS A. GRINDE CODY H. BROWN DUSTIN E. DELCOURE JASON M. GRUBB DAVID L. BROWN PAUL N. DELEON EDMUND A. GUY MARK L. BROWN, JR. HENSON DELTANG LUIS O. GUZMAN MACKLAND H. BROWNELL PHILIP A. DEMME TIMOTHY A. HAEBERLE MARQUES A. BRUCE CHRISTOPHER DENATALE CHARLES W. HALL LARRY BRUEGGEMEYER JONPAUL E. DEPREO HEATHER M. HALL DAVID A. BRUNAIS MICHAEL G. DESTEFANO BRANDON R. HAMILTON STEPHEN W. BRUNK SCOTT C. DEWITT BRENT A. HAMILTON MARK A. BUCK JAMIE D. DOBSON BRIAN M. HAMILTON BRIAN W. BURBANK KEVIN S. DODSON MICHAEL A. HAMILTON JOHN L. BURBANK MICHAEL G. DOLAN JOSEPH L. HANDKE JEFFERSON D. BURGES JEFFREY M. DONALDSON BRADLEY D. HANSELL MEGAN T. BURKE DANIEL B. DOWNS BRYCE N. HANSEN NEYSA N. BURKES DERRICK G. DRAPER JASON R. HANSON SEAN C. BURNETT DERRICK S. DRAPER JASON M. HARLAN NATHANAEL O. BURNORE MATTHIAS W. DREHER ROBERT B. HARLESS COREY L. BURNS DENNY D. DRESCH CHAD E. HARMON THOMAS W. BURNS RAYMOND E. DRESCH JASON L. HARMON CHRISTOPHER L. BURTON TIMOTHY J. DRISCOLL ANDREW J. HARRIS MARK E. BUSH DEREK G. DROUIN TIMOTHY R. HARRIS PAUL S. BUTTON ANTHONY G. DUNAT MICHAEL D. HARRISON JOHN W. CAHILL FRANK R. DUVERGER III JASON K. HART BRIAN L. CALDWELL PAILY EAPEN JASON A. HARTLEY KEVIN J. CAMARATA TROY D. ECK JUSTIN E. HAWTHORNE DAVID R. CAMPBELL HAROLD G. EDDY DANIEL R. HAYES KYLE I. CAMPBELL CHRISTOPHER R. EIDMAN GREGORY H. HAYES NATASHA N. CAMPBELL DEREK J. ELDER PAUL C. HAYNSWORTH JUAN C. CANCEL LINDSEY M. ELDER ROBERT R. HAYWARD DANIEL B. CANNON GREGORY R. ELDRIDGE ROBERT D. HEFFNER JACOB W. CAPPS DAVID M. ELLIOTT WILLIAM S. HEFRON YOVANA CARDENAS RICHARD S. ELLIOTT JESSICA F. HEGENBART STEVEN M. CARMICHAEL TRAVIS W. ELOLF PADRAIC T. HEILIGER SEAN T. CARMODY JORDAN D. ENGER GLENMORE HEILMAN CHRISTIAN A. CARR MICHAEL J. ENGLUND MATTHEW J. HEIMERLE THOMAS CARROLL ALAN J. ENKE ANTHONY F. HEISLER JAMES E. CARSON, JR. VINCENT P. ENRIQUEZ MATTHEW D. HEITZ CHRISTOPHER J. CARTER DEREK E. ENSLOW RICK B. HELTON CORY J. CARTER ANDREW S. EVANS STEVEN M. HEMMANN ADAM V. CARUSO PHILLIP J. EWELL DAVID D. HENDERSON SEAN M. CASE CASSANDRA V. FACCIPONTI BRAD R. HENRY BILLY B. CASIDAY ANTHONY B. FALCON PHILIP G. HENSEL PABLO CASTRO BRYAN G. FANNING MICHAEL J. HERBEK MAX E. CAYLOR KITE S. FAULKNER GUY E. HERR THOMAS CHAE SCOTT T. FEATHERS ROBERTO HERRERA CHRISTOPHER S. CHAFFIN TROY A. FELTIS BROCKTON L. HERSHBERGER NICHOLAS B. CHALLEN JEFFREY S. FERGUSON WILLIAM M. HERTEL BENJAMIN T. CHANNELS JERALD M. FERGUSON RYAN G. HESTER JESSE R. CHAPIN VASHON W. FERGUSON MICHAEL T. HETTICK DAVID T. CHAPMAN ENNIS C. FERRELL SEAN M. HEVEY COLIN D. CHAPPELL DAVID J. FERRY GREGORY S. HICKERSON CHAUNCEY M. CHAPPELLE ROBERT A. FERRYMAN DANIEL A. HILL NORVEN J. CHARLES MICHAEL FILANOWSKI JOHN P. HILL ADRIAN M. CHEN ANGELINE D. FIMBRES JOSHUA L. HILL JIMMY T. CHEN MARK N. FINNEGAN TIMOTHY R. HINES LUIS M. CHESHIRE CANDACE N. FISHER JOHN P. HINTZ TIMYIAN CHEUNG BRENDAN D. FITZGERALD JOHN F. HLAVATY LUKE T. CHIVERS HERBERT H. FLATHER DANIEL G. HODERMARSKY HONG N. CHOE WILLIAM M. FLATHER MATTHEW A. HODGES COLLEEN K. CHRIST TOBIN C. FLINN CHAD E. HODKINS PEARL H. CHRISTENSEN RUFINO B. FLORES CORY L. HOEKSEMA KRISTOPHER P. CHRISTL HERIBERTO FLORES-SANCHEZ ANDREW J. HOEPRICH JOSHUA T. CHRISTY JEFFREY H. FOISY SEAN P. HOEY THOMAS R. CHURCH BENJAMIN H. FOLLANSBEE BRUCE L. HOFFMAN, JR. DANIEL J. CICCARELLI MATTHEW E. FONTAINE TIMOTHY D. HOGAN SCOTT D. CLARE JACQUE L. FONTENOT BRIAN C. HOLLIEN JOSEPH A. CLARK JEROME L. FORD III OTHA J. HOLMES LEWIS CLARK II CHRISTOPHER D. FOREMAN DOUGLAS N. HOLT CHARLES W. CLAYPOOL BRIAN G. FORESTER TIMOTHY E. HORNIK ADAM C. CMEREK LANCE J. FOUNTAIN CLIFFORD T. HOWARD CHRISTOPHER L. COATES MATTHEW M. FOX ANTHONY T. HOWELL GREGORY W. COATS NICK S. FRANCOIS BRODIE K. HOYER MICHAEL D. COLBURN ANTHONY E. FREUDE RONALD J. HUDAK JOHN T. COLLINS JOHNNY R. FRY KATHERINE F. HUET ARIS J. COMEAUX WALTER FUATA ALBERT J. HUGHES CHARLES W. COMFORT, JR. JEREMIAH L. FURNIA GRAHAM D. HUGHES BRANDON J. COOK BRIAN K. GADDIS JASON E. HULSEY KENNETH D. A. COOK RYAN J. GAINEY MICHAEL B. HULTQUIST MICHAEL D. COOKEY DONALD F. GALSTER JOSHUA A. HUNTER ASHA S. COOPER BRETT A. GAMBACORTA DANIEL E. HURD JAMES A. COPP CHRISTOPHER R. GAMSTON MICHAEL T. HUTCHINSON BRIAN L. CORBIN COLIN J. GANDY SHAWN P. HUTSON JAMES P. CORBIN ASHLEY R. GARDINER AMY N. HUTTER WILLIAM B. CORDELL THOMAS N. GARNER RUDDIE E. IBANEZ AVON D. CORNELIUS II WILLIAM C. GARRISON NKECHI P. IHEME JAMES L. COVINGTON THOMAS M. GARVEY DAVID M. IKE WARRICK G. CRAIG MARK J. GEISLER II CHRISTIAN D. INCREMONA JOHN D. CRAVEN TRENT D. GEISLER JOSEPH R. INGE, JR. KEVIN E. CRONIN BERNARD F. GERDING EARL INGRAM III JACOB M. CROSS CHRISTOPHER C. GETTER STEPHEN H. IRVING RONALD S. CROWTHER CRAIG A. GIANCATERINO TREVIS C. ISENBERG DAVID M. CULVER CALVIN D. GIBSON MICHAEL T. ISHIDA RUSSELL O. CUMMINGS CHRISTOPHER W. GIDEON CHRISTOPHER A. IZQUIERDO WILLIAM T. CUNNINGHAM FREDERICK B. GILES BRANDON C. JACKSON MATTHEW E. CURL KRISTOPHER T. GILLETT MARK A. JACKSON EDWARD M. CUSTER IAN M. GINTY VINCENT L. JACKSON ROBERT C. CUTHBERTSON ALEX L. GLADE KEVIN P. JAMES PAUL A. CUTTS JARRAD D. GLASENAPP MATTHEW L. JAMISON WADE M. CZAJKOWSKI PAUL D. GODSON LYNDA JEAN MICHAEL G. DABBS JONATHAN B. GODWIN TAWANDA S. JENKINS KEVIN E. DAGON DANIEL A. GOMEZ ERIC L. JENSEN JENNIFER A. DAHL TAMARA S. GONZALES GRANT E. JERRY TODD A. DANA KYLE E. GOODRIDGE ANDREW C. JOHANNES CLAY E. DANIELS JUSTIN B. GORKOWSKI JOHN K. JOHANNES MORISSE L. DANIELS, SR. CHAD M. GOSNEY COLIN M. JOHNSON NICHOLAS S. DAUGHERTY TAYA C. GRACE ELSA L. JOHNSON

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JENNIFER L. JOHNSTON ANTOINE W. MARTIN WILLIAM S. OLIVER LONNI I. JOHNSTON JONAH J. MARTIN LASHUNDRA N. OLLIE MARK R. JOHNSTONE PHILIP S. MARTIN MICHAEL S. OMODT CHAD L. JONES TIMOTHY E. MARTIN WILLIAM R. ORKINS DAVID R. JONES GABRIEL I. MARTINEZ JOSEPH E. ORR, JR. GREGORY E. JONES JOSEPH A. MARTINEZ DAVID J. ORZECH JASON S. JONES ARI M. MARTYN ADRIAN B. OUTLAW RICHARD M. JONES ERIK D. MASICK ISMAEL OVALLE RUSSELL A. JONES ANDREW S. MASON LUCAS H. OVERSTREET SCOTT C. JONES RAYMOND A. MASZAROSE JONATHON T. PALUMBO NATHANAEL E. JOSLYN BRIAN MATHISON DAVID M. PANIAN TARA A. KAISER JOHN D. MATSINGER JEREMY L. PANKRATZ JACOB M. KALDOR YLLAN P. MAXWELL ANTHONY B. PANKUCH DANIEL M. KANE JOSHUA B. MAY DEREK R. PARK KEVIN P. KANE DANIEL P. MAYEDA EIJOON PARK JOHN A. KARCHER AMANDA C. MCCARTHY JAIME L. PARKER ERIK W. KARSTENSEN DIANNE V. MCCARTHY AARON G. PARKS KEITH C. KATZENBERGER JOSHUA S. MCCARTY MICHAEL A. PARKS CHRISTINE L. KAY MATTHEW D. MCCARTY VINCENT P. PARTICINI MICHAEL R. KAY BRIAN C. MCCLAIN ADAM L. PATTEN LORI A. KEENER ANDREW L. MCCOLLUM CHARLES W. PATTERSON GRACE K. KELLY DAN J. MCCONNELL PATTRIC R. PATTERSON RYAN M. KELLY MARK B. MCCOOL SHAWN R. PATTON WILLIAM E. KEMERLING NATHAN E. MCCORMACK ADAM H. PAXTON JULIAN T. KEMPER CASEY S. MCCOTTER JOHN G. PAXTON EMIL J. KESSELRING ADAM S. MCCOY BRIAN C. PAYNE CHRISTOPHER P. KIDDER DAVID S. MCCUNE SCOTT M. PAYNE MICHEAL D. KIESER MATTHEW D. MCDONALD STEVEN F. PAYNE EDWARD M. KIM KURT J. MCDOWELL SAM M. PEARSON III EDWIN T. KIM BRENDAN J. MCEVOY DANIEL J. PECHA SAMUEL KIM SEAN L. MCEWEN ALEXANDRO N. PEDRAZA DAVID B. KIMSEY DAVID C. MCKELVIN STUART H. PEEBLES AARON B. KING STEPHEN R. MCKINNEY JAMES B. PENCE ROBERT M. KINNEY JAMES K. MCKITTRICK JOHN R. PENDON DANIEL J. KINSELLA MICHAEL J. MCMORRIS WOODROW D. PENGELLY KYLE W. KIRBY PAUL M. MCNAMARA HEATH D. PENGILLY SHARON K. KIRCHER ODELLE J. MEANS GLENN B. PENNER ANDREW M. KLIPPEL WAYNE P. MECKLEY NEIL E. PENTTILA JARROD K. KNOWLDEN OTTY H. MEDINA CHRISTOPHER R. PENWARDEN RICHARD L. KNOX BRETT M. MEDSKER CARLOS M. PEREZ RICHARD P. KOCH MARTIN J. MEINERS JOHN A. PERNASELLI JARED K. KOELLING MEGAN C. MEINHOLZ KRISTOPHER S. PERRIN SCOTT W. KOHRS BRIAN J. MEISTER VALENTE I. PERRY JOSEPH A. KOPCHA RICHARD M. MENDENHALL ZACHARY J. PETERSON JUSTIN R. KOPER JOSE A. MENDEZ URBAN M. PICARD DAVID L. KORMAN KEVIN A. MERITHEW WESLEY P. PIERCE II RYAN C. KORTZE BRIAN M. MERKL JOE C. PIMENTEL MICHAEL A. KRAYER JOEL J. MESA LUKE A. PLESSINGER JERALD H. KUBICEK JOSEPH R. MICKLEY MORGAN C. PLUMMER ERIC M. KUENKE MICHAEL D. MIDDLETON MICHAEL J. POCHE KLINT E. KUHLMAN ERICKA M. MIER GREGORY R. POLK BRIAN A. KUNIHIRO RONALD D. MILDREN JAMES B. POLK DANIEL D. LABAR NATHAN P. MILES SHAWN P. POLONKEY JOHNATHAN B. LADSON BRADLEY C. MILLER JOHN A. POORE THOMAS A. LAINIS JOSEPH J. MILLER STONEY L. PORTIS JOHN M. LANCASTER, JR. JOSEPH L. MILLER MICHAEL A. POWELL JOHN J. LANDERS TRENT D. MILLER MITCHELL C. POWELL WILLIAM F. LANEY COURTNEY R. MILLS GORDON E. POWERS SETH E. LANGSTON KRISTOFFER T. MILLS JOSHUA D. POWERS RYAN M. LAUGHNA MATTHEW T. MINNICK TYRONE B. POWERS DANIEL M. LAVOIE TIMOTHY MITCHELL JASON E. POYSER ORRETT D. O. LAWRENCE ROBERT K. MOCABEE NEIL S. PRAKASH ASHLEY B. LEA CHARLES A. MOFFIT THOMAS F. PRATT DANIEL R. LEARD SEBASTIAN MONTAGNE RICHARD T. PRESLEY GENNELLE J. LEE BRIAN A. MONTGOMERY JOSEPH L. PRESUTTO STEPHEN C. LEE SCOTT R. MONTOYA TIMOTHY A. PRICE YONG J. LEE BILLY A. MOODY WILLIAM M. PRIDDIS SCOTT W. LEIFKER MATHEW W. MOORE JEREMY D. PRINCE CHRISTOPHER M. LEINBACH NIKOLAI J. MOORE JUSTIN M. PRITCHARD JOHN D. LEITNER CHARLES MOORES JUSTIN B. PULLEN MICHAEL LEIVA BRIAN M. MORAN JOSHUA A. PUSILLO MARK S. LEMANSKI MARK C. MORETTI JASON W. PUTTEET TIMOTHY J. LEONE DAVID S. MORGAN MAURO QUEVEDO, JR. EDWARD B. LESCHER JOHN T. MORGAN III DANIEL K. QUINN CHRISTOPHER A. LEVESQUE GEORGE M. J. MORRIS JOSEPH M. QUINN ISAAC E. LEWELLEN KATHERINE J. MORRIS GEORGE T. RABB ANDREW R. LEWIS AARON E. MORRISON STEVEN M. RACHAMIM CHARLES D. LEWIS MATTHEW J. MOUSSEAU JASON D. RATHBUN LAWRENCE J. LEWIS CHRISTOPHER W. MUELLER JOHN P. J. RAUH RANDY L. LEWIS STEVEN D. MUELLER MATTHEW G. RAWLINGS DANIEL W. LICHLYTER JEREMY A. MULLER NICHOLAS J. RAYES JOSEPH M. LILLY JUSTIN V. MULLINS NATHAN E. RAYMOND DOUGLAS T. LINDSAY DAVID MUN JOSEPH A. REAGAN ERIC V. LIVENGOOD JONATHAN D. MURDOCK ROBERT S. REECE MICHAEL E. LOCONSOLO JONATHAN W. MURPHY MICHAEL J. REED ETHAN LOEFFERT PATRICK M. MURPHY MARCUS D. REEDER PATRICK J. LONG JASON A. MURRAY DEREK M. REEVES CHRIS J. LOPEZ DAVID R. MYERS JOHN D. REID SCOTT D. LORENZEN MARCUS T. MYERS MICHAEL J. REPASKY NICHOLAS W. LOUDON TARAN G. MYRICK REBECCA L. RESENDES MICHAEL R. LOUER JONATHAN C. NADLER RICHARD D. REVEL GRADY D. LOWE BENJAMIN J. NAGY JOSE A. REYES DAVID M. LUCAS ROBERT W. NAHABEDIAN BRYAN H. RHEE STEPHEN M. LUCAS RAUB E. NASH ANDREW M. RHODES BENJAMIN J. LUKOMSKI CULLY D. NEAL JOHN R. RHODES RUDI H. LUSA MICHAEL E. NEAL GEORGE R. RIGGIN WILLIAM L. LYCKMAN RUSTIN H. NECESSARY MICHAEL J. RIGNEY MICHAEL K. LYNCH CHAD M. NEIBERT JACOB J. RING PATRICK MACRI ERIC NELSON BENJAMIN R. RITTER ULYSSES U. MAFNAS JUSTIN J. NELSON CRISTIAN A. ROBBINS JOHN F. MAGLIOCCA MATTHEW K. NELSON JOSHUA D. ROBERTS DENNIS J. MAHER THOMAS M. NELSON JASON P. ROCKS TARA A. MAHONEY MARK T. NEWDIGATE ELPIDIO RODRIGUEZ BRIAN E. MAJOR BILL T. NGUYEN ROBERT R. RODRIGUEZ HEATH M. MAJOR BENJAMIN P. NICHOLAS DAVID F. ROMAN DYLAN W. MALCOMB JARED W. NICHOLS ADAM T. ROPELEWSKI ANGEL L. MALDONADO JUAN NIEVES-LOZADA JACOB E. ROPER JAMES R. MALLICOAT ANDREW D. NILSON MARK V. ROSS JASON A. MANGIARACINA PATTON C. NIX SCOTT W. ROST SCOTT B. MANSON TIMOTHY E. NIX JEFFREY W. ROTTENBERG BRIAN J. MARCOTTE KEVIN M. NOGLE CHARLES O. ROUZER BRETT A. MARDIS SEAN K. NOLAN BRENDAN D. ROWE DUSTIN E. MARLETT JERAMY R. NORLAND GREGORY S. ROYSE ANTHONY E. MARQUEZ EMILY A. NORTON MARKO N. RUBICH DALE F. MARROU ALEKSANDAR G. NULL JOHN P. RUDIO ANDREW W. MARSH CHARITY S. ODELL BRADLEY D. RUDY ANTHONY L. MARSTON ANTOINE D. OLIVER PAUL H. RUOPP III

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LAMONTE C. RUSSELL MICHAEL R. STOCK JAMES F. WATTS JOSEPH M. SAHL THOMAS R. STOCKTON JASON R. WEBB ERIK B. SALUS BOB J. STONE ROBERT D. WEBB ALEXANDER D. SAMMS CHRISTIAN L. STONE STEVEN J. WEBER JACK E. SAMPLES MATTHEW W. STPIERRE LAURA R. WEIMER IREKA R. SANDERS MATTHEW A. STRAND ALEXANDRA E. WEISKOPF RAUL SANDOVAL MICHAEL A. STREETER MICHAEL J. WEISMAN SHANE T. SANDRETTO JOSHUA M. STURGILL KEVIN E. WELBORN YAJAIRA SANTIAGO PATRICK J. SULLIVAN JOSEPH Z. WELLS ROBERTO SANTIAGO-MARTINEZ SEAN M. SUMMERS WADE W. WELSH BRIAN T. SCHAPKER JASON M. SUMNER KEVIN G. WERRY, JR. AARON M. SCHEER DANIEL D. SUNDBERG JOSHUA WEST GERRITT S. SCHELLIN SCOTT A. SWAIDNER TARA K. WEST KEVIN P. SCHIEMAN MATTHEW T. SWAIN BRIAN J. WHITE PIETER C. SCHLEIDER JUSTIN J. SWANSON KEVIN C. WHITE RYAN J. SCHLOESSER DANIEL K. SYMONDS THOMAS L. WHITEHOUSE JONATHAN M. SCHLOICKA BENJAMIN M. SYMONETTE JOHN D. WHITING JOSHUA L. SCHNEIDER PATRICK B. TABIN BRYAN J. WHITMER ROSS J. SCHUCHARD TRAVIS W. TALLMAN SHANE A. WHITTEN RANDY M. SCHULTZ AARON M. TAPALMAN KIPPEN B. WICKWIRE, JR. JEREMY R. SCHUNKE ROBERT A. TARR GAGE L. WIENTJES AARON T. SCHWENGLER BARTON L. TATE ROBERT J. WILEY ALLIE M. B. SCOTT DANIELLE C. TAYLOR ANTHONY I. WILLIAMS JEREMY D. SCOTT MICHAEL J. TAYLOR DANIEL M. WILLIAMS DAVID M. SEAY PATRICK J. TAYLOR DENNIS R. WILLIAMS NICHOLAS S. SEIDEL EMILIANO TELLADO FREDERICK D. WILLIAMS PETER W. SEILS JAMES D. TEMPLIN CHRISTOPHER A. WILSON DANIEL W. SELKE DAVID L. TERVIN ROBERT G. WILSON DAVID SEMIDEY JASON G. THOMAS JASON A. WINKELMANN NICHOLAS J. SERRE PATRICK M. THOMAS JOHN H. WITHERS ANDREW F. SHAFFER JAMES L. THOMASSON MARCUS P. WONG PAUL R. SHEPARD ROBERT L. THOMSON BONNIE L. WOOD CHRISTOPHER J. SHEPHERD MICHAEL A. THURMAN BRITTANY Y. WOODS JOSHUA M. SHERER ANDREW R. TILL MATTHEW P. WOOLSEY JASON M. SHICK STEVEN W. TIPA TERRIE W. SHIN JOHN B. TIPPETT III JOHN J. WORLAND GREGORY P. SHIPPER MATTHEW W. TODD JEFFREY S. WRIGHT DANIEL K. SHIRES MARK D. TOMOLA TIMOTHY C. WYCOFF JASON T. SHUFF TODD M. TOMPKINS ANDREW K. YANG JEREMY D. SHUTE JUSTIN R. TOOLE DERRICK A. YOHE ERIC SIBLEY SANTINO M. TORRES CHAD A. YOUNG WILLIAM T. SIMPSON, JR. DANIEL F. TOWER PETER J. YOUNG SAMUEL E. SINCLAIR DARREN C. TOWER MICHAEL E. ZIEGELHOFER PAUL D. SIPE ANTHONY D. TOWNSEND MATTHEW D. ZIOBRO DENNIS M. SKELTON CHRISTOPHER B. TREUTING D011050 SEAN R. SKRMETTA TAD T. TSUNEYOSHI ERIC S. SLATER JAKE L. TURNER IN THE NAVY LUCAS D. SLINKER JAMES M. UPSON AMANDA L. SLUGA COLIN E. VANCE THE FOLLOWING NAMED OFFICER FOR REGULAR AP- GREGORY C. SMEDLEY ROBIN W. VANDEUSEN POINTMENT IN THE GRADE INDICATED IN THE UNITED SCOTT M. SMILEY PETER C. VANGJEL STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: AUDREY J. SMITH IAN S. VANGORDEN DWIGHT O. SMITH SHAWN J. VANTASSELL To be lieutenant commander JENNIFER L. SMITH JOSEPH P. VANTY ASHLEY A. HOCKYCKO KEVIN G. SMITH JASON S. VELASCO MARY M. SMITH ARTHUR VERESS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RYAN L. SMITH STEVEN A. VEVES TO THE GRADE INDICATED IN THE UNITED STATES NAVY MARK S. SNOWBARGER, JR. JONATHAN A. VILLASENOR UNDER TITLE 10, U.S.C., SECTION 624: ROBERT C. SNYDER III THOMAS C. VISEL JOSEPH S. SOKOL JEREMY B. VOGEL To be commander DOUGLAS R. SOLAN PATRICK D. VOGT ERIC Y. SOLER KEVIN R. WADDELL JASON A. LANGHAM BRENNAN M. SPEAKES DANIEL R. WAGNER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ALLEN W. SPENCE WINDY R. WALDREP TO THE GRADE INDICATED IN THE UNITED STATES NAVY DAVID E. SPENCER ELIZABETH N. WALGREN UNDER TITLE 10, U.S.C., SECTION 624: ANDREW J. SPRING CHARLES E. WALKER JEAN L. SPRINGER CHARLES R. WALKER To be commander NATHAN A. STAHL DANIEL J. WALKER DAVID J. STALKER JEFFREY P. WALKER WILL J. CHAMBERS WILLIAM S. STCLERGY WAYNE J. WALKER THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- BRIAN J. STEENO WILLIAM L. WALKER MENT TO THE GRADE INDICATED IN THE REGULAR NAVY BENJAMIN W. STEGMANN JOHN P. WANJA UNDER TITLE 10, U.S.C., SECTION 531: RAYMOND L. STELKER GARY WARD PAUL A. STELZER KENNETH A. WARD To be lieutenant commander DARRELL V. STEPTER KEVIN M. WARD ZACHARY D. STERRETT LLOYD E. WARREN PATRICK J. FOX, JR. LARRY STEWARD CHRISTOPHER L. WATKINS RUOHONG LIU WARREN B. STEWART RICHARD A. WATKINS JOEL B. SOLOMON ADAM M. STINE RICHARD M. WATT LESLIE H. TRIPPE

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