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

Vol. 157 WASHINGTON, MONDAY, OCTOBER 3, 2011 No. 146 Senate The Senate met at 2 p.m. and was appoint the Honorable RICHARD BLUMEN- and the administration. My col- called to order by the Honorable RICH- THAL, a Senator from the State of Con- leagues—both Democrats and Repub- ARD BLUMENTHAL, a Senator from the necticut, to perform the duties of the Chair. licans—agree that China’s deliberate State of Connecticut. DANIEL K. INOUYE, actions to devalue its currency give its President pro tempore. goods an unfair competitive advantage PRAYER Mr. BLUMENTHAL thereupon as- in the marketplace. Their goods do not sumed the chair as Acting President The Chaplain, Dr. Barry C. Black, of- deserve that. That is not fair. It hurts pro tempore. fered the following prayer: our economy and it costs American Let us pray. f jobs. In the last decade alone, we have Holy Father, we come into Your pres- RECOGNITION OF THE MAJORITY lost more than 1 million American jobs ence today to look at ourselves as we LEADER to China because of this trade deficit are and to seek Your power to become fueled by currency manipulation. A what You would have us be. Search our The ACTING PRESIDENT pro tem- massive trade deficit is one of the rea- hearts and empower us to do Your will. pore. The majority leader is recog- sons for our unsustainable unemploy- Encourage our lawmakers to fulfill nized. ment rate. This legislation we are Your purposes for the glory of Your f going to move to will even the playing field and help American goods compete Name. Move mightily in their hearts SCHEDULE and align them with Your kingdom in a global market and help keep perspective. As blessings flow when Mr. REID. Mr. President, following American jobs here at home. Your will is done, let them not take any leader remarks, the Senate will be Democrats believe there is no prob- credit for what Your sovereign hand in a period of morning business until lem facing this Nation that deserves accomplishes on our behalf. 3:30 p.m. today. At 3:30, the Senate will our attention more than the jobs crisis. Today, and through the days of this begin consideration of the motion to This bill is part of the effort to get our week, call us to You that we may be proceed to S. 1619, which is the Cur- economy back on track and put Ameri- transformed from mere followers to rency Exchange Rate Oversight Reform cans back to work. If China stops the true servants of Your kingdom. We Act. practices that artificially tip the scales pray in Your everlasting Name. Amen. At 4:30, the Senate will be in execu- in its favor, it would create 1.6 million tive session to consider several judicial American jobs fairly quickly. I hope f nominations. this legislation will motivate China to PLEDGE OF ALLEGIANCE At 5:30, there will be two rollcall stop devaluing the yuan on its own. I votes. The first vote is on the con- also know it will send a strong message The Honorable RICHARD BLUMENTHAL firmation of Henry Floyd, of South led the Pledge of Allegiance, as follows: to the Chinese that Americans will no Carolina, to be U.S. Circuit Judge for longer ignore their blatant, unfair I pledge allegiance to the Flag of the the Fourth Circuit. The other vote will trade practices. United States of America and to the Repub- be on the motion to invoke cloture on lic for which it stands, one nation under God, f indivisible, with liberty and justice for all. the motion to proceed to the currency exchange matter. A BUSY WORK SCHEDULE f f Mr. REID. Mr. President, we expect APPOINTMENT OF ACTING to quickly wrap up work on the China PRESIDENT PRO TEMPORE CURRENCY MANIPULATION currency legislation this week. We The PRESIDING OFFICER. The Mr. REID. Mr. President, today the have a lot to get done this month, so clerk will please read a communication Senate begins another very busy work the Senate must move fast. to the Senate from the President pro period. I am confident this work period One out of every nine Federal judge- will be productive. ships remains vacant, which puts at tempore (Mr. INOUYE). The bill clerk read the following let- Tonight, the Senate will vote to risk the right of every American to a ter: begin debate on legislation to curb Chi- fair and speedy hearing. While I have na’s unfair currency manipulation. I been frustrated at the slow pace in con- U.S. SENATE, expect strong bipartisan support to firming judicial nominees this Con- PRESIDENT PRO TEMPORE, Washington, DC, October 3, 2011. move this legislation forward. There gress, I am pleased we have been able To the Senate: have been conversations between the to reach an agreement to confirm 10 Under the provisions of rule I, paragraph 3, bipartisan supporters of this legisla- judges this week and next. These nomi- of the Standing Rules of the Senate, I hereby tion in the House of Representatives nations are noncontroversial, and they

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

S6013

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VerDate Mar 15 2010 00:09 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.000 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6014 CONGRESSIONAL RECORD — SENATE October 3, 2011 have the unanimous support of the Ju- MORNING BUSINESS have addressed the issues, including diciary Committee. Five of the six The ACTING PRESIDENT pro tem- not passing a budget, which is against judges we will confirm today come pore. Under the previous order, the our own law, for the second consecu- from States with Republican Senators, Senate will be in a period of morning tive year; including going through a and all five have the support of that business until 3:30 p.m., with Senators continuing resolution rather than au- Republican Senator. permitted to speak therein for up to 10 thorizing and appropriating the func- This month, the Senate will also minutes each. tions of government, as is the responsi- take up three appropriations bills. Last Mr. REID. I note the absence of a bility of the Congress of the United month, we passed a continuing resolu- quorum. States. tion to fund the government through The ACTING PRESIDENT pro tem- Here we are, as I said, unemployment November 18. Now we must finish our pore. The clerk will call the roll. is 9.1 percent, with an estimated 14 mil- work on the annual appropriations The bill clerk proceeded to call the lion Americans out of work; 228,098 bills. roll. homes are in foreclosure nationwide, a We will also take up three trade bills Mr. MCCAIN. Mr. President, I ask jump of 7 percent from July to August this work period. Last month, the Sen- unanimous consent that the order for of this year. In my home State of Ari- ate passed trade adjustment assistance the quorum call be rescinded. zona, 1 in every 248 homes is in fore- legislation which helps U.S. workers The ACTING PRESIDENT pro tem- closure, the third worst in the Nation. who lose their jobs because of inter- pore. Without objection, it is so or- In the majority leader’s home State— national trade learn new skills and re- dered. No. 1 in the Nation—1 in every 118 enter a changing workforce. A global f homes is in foreclosure. economy means global competition, LEGISLATIVE PRIORITIES Mr. President, 22.5 percent of the and a flexible, well-trained workforce homes in America are ‘‘underwater,’’ is what will allow us to keep pace with Mr. MCCAIN. Mr. President, I paid meaning their mortgage is more than our rivals. That is why Democrats in- attention to the remarks made by the their home is worth. In Arizona, that sisted on passing trade adjustment as- majority leader concerning the upcom- number is 49 percent. In Nevada, 60 per- sistance before we would take up those ing schedule for the next week or 2 or cent of the homes are underwater. three trade bills we will soon con- 3 and the fact that we are now consid- We have a $1.3 trillion deficit. We sider—Panama, Korea, and Colombia. ering the motion to proceed to a bill have a debt of nearly $14.8 trillion. It Republicans have said these trade pertaining to Chinese currency. I understand very well that it is the represents $43,357 for every man, agreements are important to them. Yet woman, and child in America. for months they have prevented them prerogative of the majority leader to from moving forward by stalling trade set the legislative agenda of the Sen- So we will take up before the Senate adjustment assistance. I hope the ate, and I respect that prerogative. But the China currency bill—the China cur- House will not delay any longer on I have to express some amazement that rency bill. Then someone in this body their taking up trade adjustment as- the issue of the Chinese currency is may wonder why the approval rating of sistance. I am told they will not. taking precedence over the myriad of Congress is—one I saw was 12 percent, one 13 percent. I think proceeding in The Senate will also take up Presi- other important issues we should be this fashion we may be able, with some dent Obama’s American Jobs Act this acting on. success, to drive that down into single month. Members of both parties should One of the articles in today’s CQ digits. rally behind the commonsense, bipar- Today says: tisan approach of this legislation. It Last year, it looked like the time was I hold townhall meetings, as most of will cut taxes for working families and right for Congress to confront China. my colleagues in Congress do as well, small businesses to spur job creation ‘‘[A] similar bill’’ was passed by the and people are very angry at Congress. and put Americans to work restoring House. We, understandably, look at the Presi- this Nation’s decaying roads, bridges, This year, the expected bulwark against dent’s approval ratings. I would urge dams, and schools. I am happy to work the measure is the GOP-controlled House, my colleagues to look at those ap- with my colleagues on both sides of the where top Republicans are echoing concerns proval ratings of Congress. As I have aisle to improve this bill, but I hope from the business community that enacting often said, and have probably worn out the obstructionism Republicans have the measure could spark a trade war. the line, we now have such high rates Republican leaders uniformly voted employed for the last 9 months will not of disapproval that we are down to against the China measure last year, buck- blood relatives and paid staffers. continue. ing the majority of their party, while Demo- This year, Democrats have intro- crats voted . . . for the bill. So here we are, with the fiscal year duced jobs bill after jobs bill. Mean- Schumer— having begun on the first of October, while, our Republican colleagues have Speaking of the Senator from New for the first time in 41 years, appar- put their own political agenda ahead of York— ently, we are not going to schedule or the Nation’s jobs agenda. They claim argues that a strong Senate vote this time pass a Defense authorization bill. The they are willing to work in a bipartisan around would make it ‘‘hard for the House to Defense authorization bill, in my fashion to get our economy back on block it.’’ view—and it is a biased view because of track, and this month they will get an- But an aide to House Majority Leader Eric my membership on that committee for other chance to prove this. So I urge Cantor of Virginia says there are no plans to so many years; but not totally biased— my Republican friends to remember vote on China currency legislation. authorizes pay and personnel. It budg- that actions speak much louder than So with over 9 percent unemploy- ets training and equipping the Afghan words. I hope they will take time out ment, with the debt and deficit con- security forces. It fully supports the from rooting for our very difficult tinuing to run out of control, with the budget request of $1.75 billion in coali- economy to fail for the sake of politics 12 or 13 appropriations bills not acted tion support. It fully supports the and help Democrats put this Nation on, with the Defense authorization bill, budget request to support the activi- back to work. perhaps for the first time in 41 years, ties of the Office of Security Coopera- Would the Chair announce morning not being taken up by the Senate, now, tion in Iraq. It increases the funding business. in its wisdom, under the leadership of for cybersecurity initiatives. It pro- the majority leader, we will be taking vides a provision that would require f up the China currency bill. DOD to acquire and incorporate capa- China currency is an important issue. bilities for discovering previously un- I think it is worthy of debate and dis- known cyber attacks on its networks. RESERVATION OF LEADER TIME cussion in happier times. But if one has It covers missile defense, strategic ca- The ACTING PRESIDENT pro tem- any curiosity about the low esteem pabilities, nuclear safety, and nuclear pore. Under the previous order, the with which Congress is being held, then proliferation. It supports crucial de- leadership time is reserved. no better example of that is the way we fense modernization programs.

VerDate Mar 15 2010 00:09 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.013 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6015 My friends, there is no more compel- leader, and I came to the Senate to- am sure if he were on this floor today, ling requirement than that of the de- gether more years ago than we would that former distinguished chairman of fense of this Nation. The Armed Serv- like to remind some of our colleagues. the Armed Services Committee would ices Committee, of which I am a proud But 20-some years ago, when we came be making the same remarks I am member, and work in a bipartisan fash- to this body, we regularly took up au- today. ion with the distinguished chairman, thorization and appropriations bills. The responsibilities—not the privi- Senator LEVIN from Michigan—puts in We took them up one by one, we had leges but the responsibilities—of those long hours, and we scrutinize and we debate, and we had amendments. of us on the authorizing committees, study and we have hearings and we try By the way, the practice of filling up including the Armed Services Com- to do the people’s work in the vital and the tree, which both sides of the aisle mittee this year, have been abrogated important mission of defending this in this body are guilty of, was not and overcome by a process which is Nation. heard of in those days. clearly gridlocked. So now the fiscal year has expired. I know the majority leader’s time is I recognize the presence of the major- We are operating on a ‘‘continuing res- valuable. I would just remind my ity leader on the floor. I yield to the olution,’’ and what is the issue before friends that the legislative calendar, majority leader and then will return to the body, the august body, the world’s which is here, is waiting consideration. my remarks following his. greatest deliberating body, according Here are just a few of the authorizing The ACTING PRESIDENT pro tem- to some? The China currency bill—the bills waiting consideration. The Senate pore. The majority leader. China currency bill—which we expect Armed Services Committee has ap- Mr. REID. Mr. President, the speech to take up for the entire week, which proved the National Defense Authoriza- given by my friend, the senior Senator according to any reliable report will tion Act for fiscal year 2012. The Com- from Arizona, is a speech I could give, never see the light of day in the other mittee on Homeland Security and Gov- because he is absolutely right. We have body. ernmental Affairs has approved the De- so much we have to do. But we have Now, there have been controversies partment of Homeland Security Au- had a problem because of the Repub- surrounding the Defense authorization thorization Act. The Senate Finance licans in the Senate. We have spent ba- bill not only this year but in previous Committee has approved the Airport sically 100 percent of our time these years. I strenuously objected last year and Airway Trust Fund Reauthoriza- last 9 months on 2 issues that should to the repeal of the don’t ask, don’t tell tion Act. The Senate Environment and have taken a matter of a few hours but being included in the Defense author- Public Works Committee has approved have taken months and months, the ization bill until we had a chance to as- the Surface Transportation Extension continuing resolutions. sess the effect on morale, readiness, re- Act. We voted on the continuing resolu- cruitment, and battle effectiveness, Today is October 3—the third day of tion—for 1 week, 2 weeks, on and on for which was the view of the majority of fiscal year 2012—and guess how many months, trying to fund government—2 the chiefs of the services. of the 12 annual appropriations bills or 3 days ago, the 1st of October. It The year before, we took up a hate have passed this body? The answer is took months to get that done. Then as crimes bill and put it on the Defense one. It is not as if the bills are not soon as we finished that, that little ex- authorization bill. My objection was ready for floor consideration. They ercise is only preparation for the long- that it had nothing to do with our Na- have been cleared and placed on the standing time that we had to spend on tion’s defense. But there are many legislative calendar. So why not bring raising the debt ceiling, something we issues that need to be addressed, many them to the floor for debate and had done with ease scores of other issues concerning detainee treatment, amendments—the Agriculture appro- times. During the 8 years of President concerning other issues, which are con- priations bill, the Commerce, State, Reagan, for example, we raised the troversial. and Justice appropriations bill. All of debt ceiling for him 18 times. But we But the job of the Senate is to debate these, by the way, should have been spent months—months—on this con- and to amend and to pass legislation. preceded by authorizing legislation. tinuing resolution and on this debt What is more important—what is more What has happened around here, un- ceiling, and it prevented us from doing important—than the security of this fortunately, for the majority of the our work. So the words my friend from Nation and the care for the men and Members of the Senate is that by vir- Arizona has given about all of the work women who are serving in the mili- tue of the fact that we do not take up that needs to be done do not include all tary? authorization bills for the functions of of the work we have to do. I note the presence of the majority various branches of government, it ren- I do not think there could be a more leader on the Senate floor. I have urged ders the appropriations process tran- important piece of legislation right him privately on several occasions to scendent in the deliberations and con- now, with the jobs being the way they bring up the Defense authorization bill. clusions this body has made, thereby are, than China currency. Everyone He responded to me—and I am sure he making members of the Appropriations knows how they have manipulated may respond—that there are issues Committee have an unwarranted, in their currency, which has been very concerning detainees, about trials in my view, but certainly far more difficult for our country. We have lost the United States, about Guantanamo impactful role in the Senate than the in the last 10 years, because of that, 2 Bay. My response to the majority lead- members of the authorizing commit- million jobs; jobs that should be our er has been, those are issues the Senate tees. jobs if the currency were fair. But it is should debate; those are issues the Sen- I intend to continue to work in this not. It is manipulated. ate should make its judgment on; and I body and with some of the newer Mem- This is a jobs bill we are on today. It assured him—and I assure him again— bers to change that process, to require is a bipartisan piece of legislation that that I will consider the objections and appropriations bills to reflect the au- has been supported by large numbers of reservations that the President and the thorizing committees’ legislation, that Democrats and Republicans. We have executive branch have to some provi- the Appropriations Committee not be put this off for a long time. Now is the sions in the bill, particularly con- permitted to authorize, which is not time to do this. We must send a mes- cerning detainee treatment. I give their role, which over the years has be- sage to the Chinese that we are serious. great deference to the view of the exec- come more and more prevalent and We have for 50 years every year utive branch and the President of the routine. passed a Defense authorization bill. We United States. But that does not mean My office resides in the Russell Sen- need to do it this year. It is extremely we should not take up the bill. It does ate Office Building, which is named important for a number of reasons. One not mean we should not take up the after a distinguished chairman of the is these programs are important. We Defense authorization bill and the ap- Armed Services Committee—a com- need to take care of our soldiers, sail- propriations bills following. mittee of which I am the ranking mem- ors, marines, airmen. It sets funding First, we authorize. Then we are sup- ber. He was a distinguished chairman levels for weapons and ammunition posed to appropriate. The Senator from of the Armed Services Committee, a programs and authorizes activities of Nevada, the distinguished majority distinguished Member of this body. I the Armed Forces around the world. It

VerDate Mar 15 2010 00:09 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.014 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6016 CONGRESSIONAL RECORD — SENATE October 3, 2011 contains authorizations—new author- the world, and it would be such a det- ed to assess the impact of repeal on re- izations—for programs that are ex- riment to what we need to do to get tention readiness and battle effective- tremely important to this country, in- these bad guys, to keep this provision ness. But that should not, in my view, cluding counternarcotics efforts that in the bill. So I would hope my friend be the reason for us not to take up the are critical to our efforts around the would treat this provision as I treated legislation this year. world. don’t ask, don’t tell. He complained I am sure the majority leader is This Defense authorization bill is about that. I did not think he was aware, this would be the first time in also a bill that has some of the best right, but I thought it was so impor- 41 years we are in two wars. We have to oversight of any of the work that we tant that we move to this Defense au- address the issues that only the au- do. The Armed Services Committee thorization bill that it was taken out. thorizing committee is capable and does good work in looking at the over- We need to do that with this. It chartered to do. So I hope the majority sight of the military. This is a civilian would be better for our country, it leader would observe that we could oversight responsibility we have and would be better for the Senate, and it take up this legislation, debate it, we need to complete that. would be better for the bipartisanship amend it. The President always has I agree with my friend from Arizona, work we have to do around here. I do veto authority if he wishes to veto it. it is vital that we get to this bill and not in any way criticize my friend for We also have the other body on the pass it. But I also say that in its bringing this up. I have talked to him other side of the Capitol that would present form, I am going to have some privately. I have talked to Senator play a role in this. We would go difficulty bringing this bill to the LEVIN, the chairman of that com- through the normal process of passing floor. It contains provisions relating to mittee, on a number of occasions. I the Defense authorization bill, which the detention of terrorism suspects, have expressed in the recent weeks has been a tradition for some 41 years which in the words of National Secu- that we have a problem with this provi- here in the Senate. rity Advisor John Brennan: sion. And, in fact, I did not know the I do appreciate the majority leader would be disastrous. It would tie the hands of Senator from Arizona was going to be taking the time from his busy schedule counterterrorism professionals by elimi- here today. I have a letter in my office to come to the floor and express his nating tools and authorities that have been reasoning behind the schedule that he absolutely essential to their success. I have been looking over. I was going to have it hand-delivered to Senator has set for the Senate, which is well To show you how extremely impor- within his authority. MCCAIN and Senator LEVIN today, and I tant it is that we do something about I suggest the absence of a quorum. these provisions in this bill that are will continue doing that. The whole The ACTING PRESIDENT pro tem- just wrong, both the Judiciary Com- subject of my letter was to explain to pore. The clerk will call the roll. mittee in the Senate and the Intel- them the problem with this. The bill clerk proceeded to call the The ACTING PRESIDENT pro tem- ligence Committee in the Senate have roll. pore. The Senator from Arizona. asked for hearings on this provision in Mr. MCCAIN. Mr. President, I ask Mr. MCCAIN. I thank the majority this bill. unanimous consent that the order for leader for his comments. First of all, Going back to my original subject on the quorum call be rescinded. China trade, the House of Representa- on the issue of China currency, I be- The ACTING PRESIDENT pro tem- tives is going to pass China trade. Ev- lieve it is correct that the administra- pore. Without objection, it is so or- erybody knows that now. A couple of tion itself objects to this legislation, dered. months ago that may not have been much less the other body taking it up. Mr. MCCAIN. Mr. President, as I was the case, but they will pass that as I say with great respect to the major- saying, we have only 1 of the 12 author- soon as we do. ity leader and his knowledge of the ization bills that has been considered I would hope my friend from Arizona, economy and the jobs that have been by the Senate to date, which was the who we all have such admiration and lost to China, China currency may be Military Construction, Veterans Af- respect for—we know how much he part of the problem, but it is certainly fairs appropriations bill. The Senate cares about our country and particu- not the reason for the 2 million jobs passed that bill on July 20. Congress larly about the Armed Forces of our lost. Certainly the majority of the rea- did not enact a single one of the annual country. I wish he would consider son for that is for other reasons which appropriations bills through regular doing what we did last year. We had have been well ventilated. order last year or a budget last year or another problem with the Defense au- I say to the majority leader, I would this year. What kind of message do we thorization bill, not from our perspec- be glad and will continue to sit down send the American people when they tive, as it is today, but it was from his with the administration and with the are suffering under unprecedented and perspective, because he felt very majority leader and with Senator unacceptable economically difficult strongly that don’t ask, don’t tell LEVIN on this issue of detainee treat- times? We are sending the message should not be in the Defense authoriza- ment. The fact is that the President of that either we are unable or unwilling tion bill. I disagreed with him vehe- the United States began his tenure as to address the issues that are affecting mently. But we agreed to take that out President of the United States with the their very lives. of the bill and have a separate vote on commitment to close Guantanamo When I go home and find people with- don’t ask, don’t tell. It worked out Bay. I want to close Guantanamo Bay. out jobs and with half of the homes un- fine. I moved that during the lameduck I have made that very clear. But Guan- derwater, when I find people out of session. People criticized me for bring- tanamo Bay cannot, for all practical work, when I pass by the shuttered and ing it up. But it is something I felt I purposes, be closed at this time. That closed strip malls throughout my State had to do because that was an agree- brings in other issues such as treat- of Arizona, and then hold a townhall ment I had with people who cared a ment of people who are apprehended meeting, obviously my constituents great deal about that. I received lots of and attempting to inflict damage and are angry and frustrated. I do not know criticism because I took it out of the mayhem on the people of the United of a single townhall meeting that I Defense bill or had it taken out of the States. have had, not a single one, where some- Defense authorization bill. I think it is something we can work one stood up and said: Pass the China I would say to my friend, the Senator out. I would hope we would be able to currency bill and then our lives will be from Arizona—and he is my friend— debate and amend, which is the usual improved. that we take this provision out of this way we address issues in this body, I am sure that with some the China bill and bring it up, have an up-or-down rather than refusing to bring legisla- currency bill is one of some importance vote on however you want to handle tion to the floor because there is a par- and priority. that. Let the Judiciary Committee and ticular objection to it. Certainly, I don’t think it is in the Intelligence Committee do their work Last year, as the majority leader top 10 priorities of the people I rep- on this provision. It is not a good pro- pointed out, I was opposed to the re- resent in the State of Arizona, but our vision. peal of don’t ask, don’t tell on the Nation’s security is important to my Since it was put in that bill, we have grounds that the same view I had was constituents. We have a sizable mili- had some significant changes around that of the service chiefs, that we need- tary presence in Arizona. The national

VerDate Mar 15 2010 00:09 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.016 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6017 defense authorization bill that has has, and we need to say no to unfair China’s currency manipulation has passed through the Armed Services trade practices. We are going to insist been a major factor in the erosion of Committee is very important to the that the trade rules apply both ways, our Nation’s manufacturing base and people of this country and our security that we don’t unilaterally accept vir- left millions of U.S. workers without in these very uncertain times. tually anything while some of our trad- jobs. It is a factor in job loss in Amer- I hope the majority leader will agree ing partners—particularly China—can ica. In Alabama, the EPI estimates— to change his priorities and bring the systematically violate them. I think and I don’t know whether this is an ac- bill to the floor. I will continue to fairness is the right thing, and we must curate number. I am sure we have lost work to resolve concerns he or the ad- refuse to acquiesce and accept this ex- jobs as a result of this currency manip- ministration has expressed concerning isting trade practice. ulation, but this is the estimate the the legislation itself. But because the Look, nations whose economies have EPI had: It has put more than 44,000 executive branch has concerns about historically struggled are those that people out of work in Alabama since legislation and objections to legisla- have failed to uphold the rule of law. In 2001—44,000. We just celebrated a num- tion, that should not prevent it from my view, that is a fundamental part of ber of economic developments in my coming to the floor of the Senate. That America’s greatness—our commitment State. We have been having some suc- should not be a reason why the Senate to law—and it has made us economi- cess over the years. We have 3 auto- should not exercise its responsibilities cally powerful, as well as free. mobile plants, with investment from to debate, to amend, and to authorize Many nations that have been unable abroad, and each one has added about all these much needed priorities for the to ensure contracts are honored and 4,000 jobs. According to this study, we men and women who are serving our protect the integrity of financial have lost 44,000 jobs to China as a re- country with courage and efficiency. It agreements can’t be successful in a sult of this currency. Again, there are is our job to provide them with what- commercially competitive world. When disputes about how much and how large the impact is. I don’t think there ever they need to do their job in the companies form a business partnership, is any doubt it is substantial. We have most efficient fashion. they sign a contract to ensure that been feeling it for years. I suggest the absence of a quorum. each party meets its obligations. The Another recent study reached a simi- The ACTING PRESIDENT pro tem- principle is the same with free trade. A lar conclusion. It was written up in the pore. The clerk will call the roll. trading partnership with China or Wall Street Journal. It found that re- The bill clerk proceeded to call the other countries must be founded on gions exposed to trade within the roll. principles upon which both parties can United States from China lose more Mr. SESSIONS. Mr. President, I ask agree, principles and agreements which manufacturing jobs and see an overall unanimous consent that the order for are to the mutual benefit of both par- decline in unemployment than other the quorum call be rescinded. ties. It is the job of our leaders to nego- areas. They also found that exposure to The ACTING PRESIDENT pro tem- tiate these agreements on behalf of the Chinese imports led to larger in- pore. Without objection, it is so or- American workers, not to stand creases—and this is common sense—in dered. against them. unemployment; it cost jobs in certain This is even more crucial with a na- f areas in the United States; it led to tion such as China, which relentlessly, larger increases in unemployment in- CURRENCY EXCHANGE RATE through its political apparatus, seeks surance, government payments, food OVERSIGHT REFORM ACT to advance its own national interests. stamps, disability payments, and other Mr. SESSIONS. Mr. President, I wish China’s currency manipulation clearly to speak on the Currency Exchange government benefits. puts American workers and U.S.-based Based on data in the study, the $300 Rate Oversight Reform Act, S. 1619, on businesses at a huge disadvantage, par- billion increase in Chinese imports which I believe we will be voting. I sup- ticularly in this time of economic since 1992 has cost the Federal Govern- port it, as I expect my colleague from hardship. This unfairness has to be ment more than $20 billion in such ex- Arizona does with his principal com- confronted. We have talked about it penditures. They calculated $20 billion mitment to trade and vibrant competi- but have not confronted it. simply based on the increases in food tive commerce in the world. Almost all economists agree that stamps, unemployment insurance, and I acknowledge that our commitment China intentionally undervalues its the like. The irony behind this is that to commerce and trade is fundamental currency—RMB—by as much as 30 per- we borrow much of the money we use to our Nation. America has always cent. to pay these Federal benefits from the been a country with open ports and The Employment Policy Institute ar- Chinese, which they then use to con- open markets. When trade is conducted gues this: tinue manipulating their currency. So properly, I am convinced it creates a This intervention makes the RMB artifi- we are being outmaneuvered and rising tide of prosperity in America cially cheap relative to the dollar, effec- tively subsidizing Chinese exports. outnegotiated in the process. and around the world. I am not against Last year, Dan DiMicco, chairman, trade. More than that, I think the vol- Where? Mostly to the United States. president, and CEO of Nucor Corpora- untary exchange of goods does promote So I believe the devaluation of the cur- tion, which has five steel mills in Ala- the free exchange of ideas. Trade rency clearly subsidizes exports of Chi- bama, my State—smaller steel mills— helped us to export our values of a free nese goods to the United States. testified about modern steel mills. Mr. democratic society, but, like democ- They go on to say this: DiMicco is a national leader in Amer- racy itself, trade must operate under a Currency intervention also artificially ican competitiveness and ideas. He tes- raises the cost of U.S. exports to China. . . . set of rules and values. tified before the House Ways and Jobs have been lost as a result of un- So our goods that go there are higher Means Committee, and this is what he fair trade practices. Perhaps the most in China than they would be, making said: dramatic unfair trade practice existing the Chinese less able to buy them than Passing this legislation will help because in the world today is China’s very sub- otherwise would be the case. The goods this is a jobs bill, pure and simple. It will do stantial manipulation of its currency— they ship to the United States come in more to stimulate the economy and create a 30-percent, 40-percent, 25-percent al- cheaper than they otherwise would be, jobs than just about anything else Congress teration in the value of its currency— making them more attractive to Amer- can do. And it will not add to our national and it has created an extraordinary ican consumers. This is a big factor in debt—just the opposite. Ending China’s cur- deficit that has cost jobs in this coun- the surging and huge trade deficit be- rency manipulation will reinvigorate our manufacturing sector and our economy, re- try. Whether it is 2 million or fewer, it tween our countries. I think it is indis- ducing our budget deficit. By failing to take has cost jobs of decent, hard-working putable that is so. In other words, the the lead and combat China’s mercantilist Americans. It has occurred because of Chinese give their products a 30-per- trade practices, we are serving up our jobs, manipulation of the currency. It is a cent discount in the United States and future economic well-being, and national se- very real matter. make our exports cost 30 percent more curity on a platter. We need to fight for and aggressively in China. I think few economists would That is a serious charge. This is a defend every single job this country argue with that. man who is dealing in the real world of

VerDate Mar 15 2010 00:09 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.018 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6018 CONGRESSIONAL RECORD — SENATE October 3, 2011 steel production around the United thing happened over the weekend leave it; if they don’t like it, don’t use States, with plants all over the United which has changed that world dramati- plastic. It is secret. Nobody knows it States. I think he knows a lot about cally, and it is important for con- except the retailer, the bank, and the what goes on in the world and how this sumers, retailers, and voters across credit card company. It is a hidden fee, system works. America to understand what happened. and it is a killer for a lot of small busi- I believe the bill on which I have On October 1—on Saturday—the rules nesses. joined my colleagues is a thoughtful, on how much a credit card company I was in Rock Island, IL, and Carl, commonsense approach. It doesn’t and a bank that issues a debit card can who is the manager of the Rock Island place an immediate tariff on all Chi- collect every time we use the debit Country Market, said: We have a spe- nese goods that enter the United card changed. They call it the swipe cial deal here, Senator. People can States. It does, however, explicitly di- fee. It makes sense: We hand them the come in from the neighborhood in Rock rect the Commerce Department and credit card or we do it ourselves, swipe Island, IL, in the morning, and I give International Trade Commission to it through the machine, and we pay for them a cup of coffee and a doughnut for take currency manipulation into ac- a transaction. Back in the old days, 99 cents. It is a pretty good deal in this count when estimating countervailing which I can recall, some people would day and age. It sure is, isn’t it, com- and dumping duties. Under current write out a check. This is the new form pared to what we pay. He said: I want law, the Commerce Department can of a check. It is a debit card. When we to get them in the store. But, he said, take currency manipulation into ac- swipe it through the machine and the you know what. They turn around and count when calculating countervailing machine accepts it, the money comes use plastic at the cash register. I duties, but it does not take currency right out of our checking account to wasn’t even breaking even at 99 cents, manipulation into account. It could, the retailer where we did the business. and now I am paying 44 cents to some but it does not. The Obama administra- It is very convenient. People are using bank and credit card company because tion has not instructed them to do so, it more and more. In fact, over half the people have used plastic. and neither did his predecessor. More- transactions at most retailers now are That world changed October 1—last over, neither agency currently has the done with either credit or debit cards. Saturday. The new law went into effect authority to include currency manipu- What the consumer doesn’t know is where the Federal Reserve established lation in its calculation of anti- there is a charge each time that card is the ceiling—the maximum—that can be dumping duties. swiped. It is called the swipe fee or the charged for a debit card swipe fee that The practical effect of this legisla- interchange fee. What is it? It is estab- is issued by the largest banks in Amer- tion would be to charge a duty on some lished by the two, basically, duopoly ica. The maximum now comes down to imported products only after the Inter- credit card companies—Visa and about 24 cents. Is this a big deal? It national Trade Commission and Com- MasterCard. They run the whole show. certainly is, because each year in the merce Department conduct an inves- They have been under antitrust inves- economy, swipe fees accounted for tigation that determines dumping is tigation in the past, and I am sure they about $10 billion or $12 billion—$10 bil- taking place or a subsidy is being pro- will be in the future. They set the lion or $12 billion—in additional vided and that a U.S. company has rules, and here are what the rules are. charges to consumers and loss of prof- been injured. So a duty would only be If someone runs a restaurant or, let’s itability by businesses. One can imag- applied if it can be proved that the ex- say, a grocery store in Near North Side ine, $10 billion or $12 billion, even after porting country violated WTO rules. In Chicago, such as Art Potash’s, who is a it has been discounted by the Federal other words, this measure upholds the close friend of mine—a family-owned Reserve to about half that amount—$5 rule of law. grocery store—they say: I have to take billion or $6 billion—has the banks in This has nothing to do with protec- plastic to do business, then Visa and an uproar. tionism; rather, it is about protecting MasterCard say they have to pay each I guess it is a great honor that the the principles that make free trade time a customer swipes that card. How Wall Street Journal on Friday had one work. You can’t have a free-trade rela- much do they pay? It is a secret. Basi- of their people they invited in to com- tionship if your trading partners aren’t cally, consumers don’t know, but indi- ment who said this new bank fee that complying with the fundamental ex- vidual retailers do, and the individual is being charged by Bank of America pectations of fair trading partners. retailers have little or no bargaining on debit cards is the Durbin fee—the We don’t live in a perfect world. power with Visa, MasterCard, and the Durbin fee. The same thing was said by Other nations, such as China, are more big banks, as one can imagine. the Chicago Tribune on Saturday. than willing to exploit our good will to So we passed a law over 1 year ago— Let me say at the outset I am hon- gain political, strategic, and economic an amendment that I offered to the ored to be associated with an effort to advantage. The time has come to de- Dodd-Frank Wall Street Reform Act— reduce costs to retailers and consumers fend our core economic interests. which said to the Federal Reserve across America. What we are doing is American workers are the best in the Board: Investigate this. Find out how fair—trying to strike some balance in world. They are not asking us for a much it actually costs the bank and an industry that has shown little or no handout or a subsidy. What they are credit card companies to process a balance. One of the worst offenders in asking for are leaders who will defend transaction with a debit card. They this is Bank of America—the largest their legitimate interests on the world came back, after a long study, and they bank in the United States. stage. So far, this has not been done. said: If it uses a PIN number, which Did you see what they did last week? I salute Senators SCHUMER, BROWN, some do, it is about 4 cents. If we sign They announced that anybody who had GRAHAM, BURR, SNOWE, STABENOW, and it, it is about 7 to 12 cents. Then they a debit card at Bank of America was others who have supported the legisla- said: Incidentally, the average charge now going to be subject to a $5 month- tion. I think it is time for us to act, by the credit card company and bank ly fee because of this reform. What I and I ask my colleagues to support the for each swipe fee is 44 cents—dramati- have said in the media, and I will say legislation as we move forward. cally larger than the cost of the trans- here, is: Bank of America customers, I yield the floor. action to the bank or the credit card vote with your feet. Get the heck out The ACTING PRESIDENT pro tem- company. of that bank. Find yourself a bank or pore. The Senator from Illinois. Remember, in the old days, when we credit union that will not gouge you $5 f processed checks? It cost pennies to a month and still will give you a debit process a check no matter what the card you can use every single day. DEBIT CARD FEES face amount was. But now, retailers What Bank of America has done is an Mr. DURBIN. Mr. President, I wish to face the 44-cent average swipe fee every outrage. Last week, when they an- take those who are following this de- time somebody uses a debit card. So we nounced they were charging their own bate on a little trip through the world can understand some retailers don’t customers a $5 monthly fee for the use of plastic. I am talking about the world like this much. There is no competi- of the debit card, they went overboard. of credit cards—in this case, specifi- tion. These banks and credit card com- They are overcharging their customers cally about debit cards—because some- panies tell them this is it, take it or even for this new debit card reform,

VerDate Mar 15 2010 00:09 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.019 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6019 but it is nothing new in the history of found it cost the bank, on average, 7 have a different point of view. When I Bank of America. Consumers across cents to conduct a debit transaction— was back in Illinois, I stood with the America and the customers of Bank of a signature transaction. It costs a lot retailers, and I hope the retailers of America are rightfully outraged. It is less, I am sure, for Bank of America, Tennessee and Utah will be in touch hard to believe a bank would impose with its economies of scale. But the with my colleagues and let us hear such a fee on loyal customers who sim- Fed also found Bank of America was their side of the story. They have been ply are trying to access their own getting an average of 44 cents, instead victimized by these banks and credit money on deposit at Bank of America, of 7 cents. They simply can’t make card companies for too long. What we especially when Bank of America, for that type of enormous profit margin— do with this law is establish a reason- years, has been encouraging their cus- nearly 600 percent—in a transparent able standard of compensation and now tomers to use debit cards as much as and competitive market. In a free and some disclosure about what is being possible. fair market, these profits would be charged for transactions. It is particularly hard to believe this competed down to a reasonable level. I wish to help small businesses—and fee would come from a bank with a Without competition, credit card com- large retailers too, for that matter— track record such as Bank of Amer- panies—these banks such as Bank of across America. Their profitability, the ica’s. After helping to drive our econ- America—will continue to win, and success of their business, means more omy off the cliff’s edge in 2008, Bank of consumers and retailers—and, of Americans go to work. If a Senator America was happy to accept a $45 bil- course, now the Bank of America’s own wishes to stand on the floor of the Sen- lion Federal bailout for their stupidity, customers—will lose. ate and defend the Wall Street banks, their greed, and their mistakes. It was Today, I have written a letter to the such as Bank of America, and the cred- just as happy to take that money and CEO of Bank of America. His name is it card companies, be my guest. I would hand out $3.3 billion in employee bo- Brian Moynihan. I told him it wasn’t rather stand with the consumers and nuses in the same year—2008. Don’t for- just me alone but others have done a retailers that have been taken to the get the track record of Bank of Amer- little calculation on his $5 monthly fee. cleaners for years and years by these ica when it comes to handling mort- Do you know what we found out? When swipe fees. gages. They picked up this company— they thought the swipe fee was going The latest outrage by the Bank of Countrywide—which had issued mort- to be limited to 12 cents, Bank of America is a reminder that when it gages all across America that were America said: That will cost us $2 bil- comes to valuing customers, those going bad. The record of Bank of Amer- lion a year. Turns out the Federal Re- banks that don’t gouge those cus- ica, when it comes to processing these serve said: No, it will be 24 cents. So by tomers, that don’t overcharge for debt same mortgages, is equally dis- our estimates, this new reform of the fees, are the ones that deserve Amer- appointing. When it is not losing paper- swipe fee may cost—may cost—Bank of ica’s business. work or refusing to answer the phone, America $1 billion a year in revenue. Mr. President, I yield the floor. The ACTING PRESIDENT pro tem- Bank of America is foreclosing on Guess what. If we do the calculation of pore. The Senator from Tennessee. American families right and left. $5 a month on the number of reported But at least this time Bank of Amer- debit cardholders at Bank of America, f ica is being open about the new charge they will bring back twice as much as CURRENCY EXCHANGE RATE to its loyal customers. In contrast to their projected loss on this new law. OVERSIGHT REFORM ACT the overdraft fees, research fees, swipe They are overcharging their own cus- Mr. CORKER. Mr. President, I actu- fees, and other hidden fees they have tomers, once again, twice as much as ally am here to speak on another topic, charged, this time Bank of America is they should if they just want to cover but I was glad to hear the comments of being up front about sticking it to its the hidden fees they had in the past. the Senator from Illinois. I will say in own customers. Transparency is a good That is unfair to consumers, it is un- general that I think consumers across thing. It allows customers, as I said, to fair to the customers, and it is unfair our country are beginning to see the vote with their feet. Not every bank to do it in this tough economy, when a first of many consequences of Dodd- treats its customers like Bank of lot of Bank of America’s customers Frank. Sometimes I think my friends America, and consumers can decide across America are struggling to get on the other side of the aisle believe whether Bank of America’s values re- by. What I am basically calling on Mr. money comes from air. But the fact is flect their own. Moynihan to do is to justify this $5 when you price fix something such as Bank of America is the largest bank monthly fee based on their projected the Senate did through Dodd-Frank, in terms of assets in the United States. debit card transaction losses and the when you price fix something like this, Now it is crying poverty, saying it is number of people they have holding obviously it is going to have the con- forced to hit their debit cardholders debit cards by their company. sequences that have been laid out and, with this new monthly fee because I didn’t come up with this alone. A unfortunately, consumers across our Congress passed swipe fee reform. I gentleman by the name of Lazarus, country are going to be paying the don’t buy it. Here is the reality: Bank who is a business reporter in Cali- price. It is interesting that most of the of America and banks in general are fornia, was the first one who called it major retailers my friend was alluding still making billions of dollars with to my attention on the ‘‘Lehrer Re- to are all talking about the profits, the this new reform in the law of credit port’’ on Friday night. We have looked benefits they are going to have from and debit card swipe fees. Swipe fees into it further, and it is clear, again— this. At the end of the day it is the con- are an estimated $50 billion per year again—that Bank of America is over- sumers who are going to be paying the money maker for the banking indus- charging its own customers. I can tell price, and we are already seeing that try—$50 billion. Bank of America alone you it isn’t the first time. Most people play out. While Bank of America—I am makes billions from swipe fees each are aware of the fact Bank of America not here to defend them. This is just year. But Bank of America didn’t earn was sued for overcharging for various the first of many charges and lack of those fees by competition. Instead, fees, such as overdraft fees, in the past. credit that is going to be part of our Bank of America receives these billions Because of that suit and the possibility American society as a result of Dodd- because Visa and MasterCard, this du- of losing it, they entered into a settle- Frank. opoly that runs the credit card busi- ment to pay over $400 million for over- But let me say, I came down today to ness in America, basically fixed these charging their own customers. They talk about a bill we are getting ready prices and retailers and consumers are doing it again. Bank of America, to debate I understand this afternoon have no voice in the process. This with this monthly fee, is overcharging at 5:30. It is the Currency Exchange price-fixing has immunized the swipe its customers again by any reasonable Rate Oversight Reform Act of 2011. I fee revenue stream from competition. standard for a loss of revenue based on probably won’t recite that again, but Now that Bank of America is out in the this new law. that is the bill we are going to be hav- open with this overcharge of their own The last point I wish to make is ing a cloture vote on tonight at 5:30. customers, it is time for real competi- this—because I see some on the floor, I understand how people across this tion to step in. The Federal Reserve including a Senator or two who may country are very frustrated about our

VerDate Mar 15 2010 00:09 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.025 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6020 CONGRESSIONAL RECORD — SENATE October 3, 2011 economic situation. I am very frus- So here we have an opportunity in though we know what to do but we trated. I am frustrated for the people of this Chamber very soon to take up the won’t do it, and, instead, now we have Tennessee and the fact that our econ- three free-trade agreements with South got to find a bogeyman. omy is not showing the kind of growth Korea, Panama, and Colombia, trade Do I like what China is doing with we would all wish to see. I understand agreements we have wanted to have in their currency? No. But is it changing? how politicians like to respond to place for a long time. Here we are, the Yes. Is our country putting pressure on things back home by making it look as Senate, a body that is supposed to act China to change? Yes. Is it occurring? if they are doing something to benefit with cooler heads. And I understand Yes. It is going to have to. The middle the folks back home during this tough the pressures back home. I have them class in China is going to want access economy. I plan to speak at length on too. Our State has tremendously high to the kinds of goods our country pro- this throughout the week that this bill unemployment, much higher unem- duces. It is naturally happening. So is being debated. ployment than I wish to see happen. I why would we as a country tamper at The bill that is going to be on the know when I go to townhall meetings, this time of a global slowdown with floor tonight is not the answer. I think people talk about China, and I under- creating a trade war? most of you know that tonight we are stand that. But I think people may be I understand and I know many of the going to begin debating a bill that misreading what is in this bill. I think Senators in this room hear the same would call China, in essence, a cur- a lot of people think this bill is sort of things back home I hear back home. rency manipulator. And, by the way, a plaything because it actually gives But the last thing we need to do at this they are a currency manipulator and I the President a chance to waive tariffs point in world history, at this point will agree to that. But the response on goods that happen to come here with the global economy as it is today, that this bill wants to put in place is to cheaper because of currency manipula- is repeat the same mistakes that hap- put tariffs on Chinese imports, and tion. But that is not the case. That is pened back in the 1930s with Smoot- what I believe will happen is it will not what this bill says. A lot of people Hawley. That is exactly the path we begin a trade war. have misunderstood what this bill says. are going down. It is as if we don’t What I wish to say is this is the U.S. They think it is sort of a plaything and learn from history. I urge all Senators Senate. I understand that sometimes a the President can make it all right. to think about this. hot bill will make it out of the House The President, if you will, can be the I understand we are probably going for lots of reasons, due to its makeup. adult and not create a trade war. But to move to this bill tonight. I do hope I understand that a lot of times a bill that is not what the bill says. The bill we have a vigorous debate. I hope we such as this comes forth for messaging. says this country has to put in place change this bill dramatically, if not What I would say is we are actually tariffs on goods coming into this coun- kill it. But I think Senators need to playing with fire here. This is some- try, as long as they are not being understand, in my opinion, we are thing that is originating in the Senate. dumped into this country. If they come playing with fire. This is not the right It is a place where typically things are in at a competitive advantage, we have thing for us to do. We need to be focus- to cool and we are to think through to put in place tariffs. ing on how we make this great Nation, things. Is this what the Senate wants to do the greatest Nation of all times, grow. I am hopeful we will have a vigorous today? We have had a tremendous fi- We can do that by dealing with our debate on this, and many amendments, nancial crisis. We have high unemploy- own issues here internally. We know because my concern is that at a time in ment in this country. We are tremen- how to do it, and we can do this by cou- our country when we have had a finan- dously overregulated. We are not doing rageously dealing with the long-term cial crisis which has led to the type of the things within our own country we issues that confront this country. That economy we have here where we wish should be doing, that many of us have will be the short-term stimulus this to see many people in our country have been arguing, to cause our economy to economy needs. greater and more full employment, at a grow. We have a financial crisis that is Mr. President, I yield the floor, and I time when we come off high energy taking hold and taking root and actu- note the absence of a quorum. prices a few years ago that sucked a lot ally moving in parts to this country The ACTING PRESIDENT pro tem- of life out of this economy, at a time and hurting us. The markets are down. pore. The clerk will call the roll. when the global economy is slowing So the Senate, a body of 100 people The assistant legislative clerk pro- much due to the financial crisis that is who are elected for 6-year terms, wants ceeded to call the roll. occurring right now in Europe, I think to put in place tariffs on a major grow- Mr. SCHUMER. Mr. President, I ask the response we want to put forth is ing country that we have growing ex- unanimous consent the order for the not to create a trade war with China. ports to, and create a trade war—a quorum call be rescinded. I think most of us know China has trade war between the two largest The ACTING PRESIDENT pro tem- been a currency manipulator. They economies in the world? That is our re- pore. Without objection, it is so or- have a managed float for their cur- sponse, instead of understanding the dered. rency. We wish to see that rise much best thing we can do for this country Mr. SCHUMER. Mr. President, I ask more quickly than it has. It has risen right now is to deal with those long- we move from morning business to the about 30 percent in the last several term solutions in our own country and pending legislation. years. ask this deficit reduction committee to f So the point is they are making go big, to get $3 trillion, to do tax re- changes. China has an antiquated fi- form, to do entitlement reform. These CONCLUSION OF MORNING nancial system that has to be changed; are the kinds of things we ought to be BUSINESS it has to be liberated; it has to become doing in this country: passing a 6-year The ACTING PRESIDENT pro tem- more like what we have in this coun- highway bill; producing American en- pore. Morning business is closed. try. And those steps are happening. ergy; reducing regulations that are im- f There is no doubt that importers— peding our economy and not helping there is no doubt that the goods that the country. Those are the kinds of CURRENCY EXCHANGE RATE come here from China come here at a things we ought to do. That is the re- OVERSIGHT REFORM ACT OF lesser price than they otherwise would sponse from the Senate, from people 2011—MOTION TO PROCEED because of the currency float they put with 6-year terms who were elected to The ACTING PRESIDENT pro tem- in place in China. I understand that. be the cooling of legislation, not to pore. Under the previous order, the But that is changing. And the fact is originate bills out of this body that we Senate will resume consideration of that with a country of 1.3 billion and as know, if passed, will likely create a the motion to proceed to S. 1619, which their standard of living continues to trade war. the clerk will report. grow, we have an opportunity to have It is as though this country has lost The assistant legislative clerk read even more trade with this country. Our its ability to see the fact that we are as follows: exports to China have grown sixfold an exceptional country. It is as though Motion to proceed to the consideration of over the most recent time. we are cowering down now. It is as S. 1619, a bill to provide for identification of

VerDate Mar 15 2010 00:09 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.027 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6021 misaligned currency, require action to cor- nipulation to gain an unfair advantage Oh, yes, we have to deal with Chinese rect the misalignment, and for other pur- over American businesses. currency manipulation. poses. It has been 10 years since China But when we ask people who say: The ACTING PRESIDENT pro tem- joined the WTO. In those 10 years the Don’t do your bill, deal with it a dif- pore. Under the previous order, the Economic Policy Institute estimates ferent way, we say how? No one has an- time until 4:30 p.m. will be equally di- that 2.8 million American jobs were other answer. It was true that our ini- vided and controlled between the two lost or displaced in manufacturing or tial bill introduced 5 years ago was a leaders or their designees. other trade-related industries as a re- blunt instrument to bring attention to The ACTING PRESIDENT pro tem- sult of increased trade with China and the issue. It was our hope then not to pore. The Senator from New York. the Chinese Government’s manipula- pass the legislation—in fact, we al- Mr. SCHUMER. Mr. President, I rise tion of its currency. My State of New lowed cooling off period after cooling today in strong support of S. 1619, the York has suffered some of the biggest off period in the legislation—but, rath- Currency Exchange Rate Oversight Re- losses, with over 161,000 jobs lost or er, simply to get the Chinese to act. form Act. First, I want to say this bill workers displaced since 2001. Accession But about after 3 or 4 years, Senator is the culmination of years of hard to the WTO was supposed to bring Chi- GRAHAM and I became convinced that work and collaboration between Demo- na’s policies in line with global trade China would not act. When there was crats and Republicans. I thank Senator rules meant to ensure free but fair real pressure they might move the cur- LINDSEY GRAHAM of South Carolina. He trade. Instead, China has single- rency a little bit, but then they would and I have been partners in this en- mindedly flouted those rules to spur its back off. deavor for over 5 years. We have trav- own economy and export-oriented The same proved true in other areas eled to China together. We have growth at the expense of its trading where China unfairly treats American worked long and hard to try to gain partners, most of all the United States. industry, so we came to the conclusion some fairness in the way China treats Our economic relationship with that legislation was the only answer, American industry, particularly in re- China needs a fundamental change. It no one having a preferred or even seem- gards to currency. is not just in currency, although that ingly possibly effective alternative. So I thank Senator SHERROD BROWN and is the No. 1 issue. On issue after issue, we worked, as I said, with Senator Senator DEBBIE STABENOW. Both made whether it is poaching intellectual BAUCUS and Senator GRASSLEY and very valuable additions to the proposal property, unfairly and illegally sub- came up with a proposal we believe on the Senate floor today. In fact, Sen- sidizing Chinese businesses, monopo- meets WTO rules. ator BROWN is the lead sponsor of this lizing rare earths, not allowing Amer- Then, because Senator STABENOW had legislation because of the strong and ican companies to compete in China— worked long and hard on this issue good work he has done. They both have on issue after issue China is mer- along with Senator COLLINS, we com- worked long and hard, realizing the in- cantilist, plain and simple. They use bined her proposal and our proposal. dustries in their States are at such a the rules of free trade when it benefits Hers was mainly focused on the Bank- competitive disadvantage. them and spurn the rules of free trade ing Committee, Commerce Depart- I thank my colleague, JEFF SESSIONS, when it benefits them. For years Amer- ment, ours on Treasury. Then a year or as well, who has been one of our part- icans have grimaced, shrugged their two ago, Senator BROWN and Senator ners and leaders on this legislation shoulders, but never done anything ef- over the last several months, and lead SNOWE had an additional proposal, and fective to in large measure stop the we have combined all of these pro- sponsors in addition: BOB CASEY, OLYM- Chinese pursuit of unfair mercantilism. posals into one workable bill that will PIA SNOWE, JEFF SESSIONS, KAY HAGAN, Six years ago I was in upstate New finally get fairness for American com- and RICHARD BURR, as well as dozens of York and a steel manufacturer told me panies. other cosponsors on this bill for their they could compete against Chinese work on this issue for many years. steel just fine, even with labor costs Over the past 6 years we have been I also want to particularly express being lower in China, except for the sending a message to the Chinese Gov- my appreciation to Chairman MAX fact that China manipulated its cur- ernment about their exchange rate BAUCUS and former ranking member of rency and gave Chinese steel imports a policies. Every Treasury Secretary the Finance Committee CHUCK GRASS- 30- to 40-percent advantage. The owner since we began this crusade said: You LEY for their leadership and work on of the company, providing 300 good- know what. Let me just talk to the currency manipulation. We believe our paying jobs, pleaded with me to do Chinese. I can bring reason to them. bill is WTO compliant, and it is in part something. I happened to speak with They did it with the best of inten- because Senators BAUCUS and GRASS- Senator GRAHAM, and he was finding tions and the best of hopes, every LEY looked at our original bill and the same situation with industries in Treasury Secretary—casting no asper- worked with us on suggestions as to his State of South Carolina. sions on any of them because the fault how to change it to make it just as ef- We began our crusade to get China to was China’s, not ours—and could not fective but within the rules of WTO. behave fairly. At first, people did not get progress at all. Today we have an opportunity to even accept the fact that currency ma- So it is down to this. If we want help put middle-class Americans back nipulation was wrong and harmful to American companies to have a fair to work and, amazingly enough, in a America. I remember at one point, chance of competing, this is the solu- bipartisan way. Today we stand to- within a short period of time, both the tion. Not everyone will agree with gether to defend American jobs against New York Times editorial page—a de- every jot and tittle in this bill, but I market-distorting, job-killing ex- cidedly liberal editorial page—and the think the vast majority of my col- change rate policies that subsidize for- Wall Street Journal editorial page—a leagues will agree with its thrust and eign manufacturers at the expense of decidedly conservative editorial page— the need to do more than we have been American manufacturers. These cur- said China should not have to let its doing. For that reason I am hopeful rency policies artificially raise the currency float, even though it is a that large numbers on both sides of the price of U.S. exports and suppress the tenet of free trade since Bretton Woods aisle will vote for this motion to pro- price of Chinese imports into the that said the way to correct large im- ceed so we can begin debating this United States, undermining the eco- balances in trade is to let a currency measure and listen to some amend- nomic health of American manufactur- readjust by floating. ments if people have ideas as to how to ers and their ability to compete at We spent years convincing America, change it. home and around the globe. convincing our colleagues that this Let me go over our bill. Our bill is in- China is by far the biggest exploiter manipulation of currency dramatically tended to give the administration addi- of predatory currency practices, but hurt America and was unfair and tional tools—this administration or our bill does not target China or any against all tenets of free trade. We any—to use if countries fail to take one country. Our bill, rather, says have achieved that goal. Now the edi- steps to eliminate currency misalign- there will be consequences for any torials may pick reasons they do not ment. The bill would prohibit Federal country that engages in currency ma- like our particular bill, but they say: procurement of products or services

VerDate Mar 15 2010 00:09 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.029 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6022 CONGRESSIONAL RECORD — SENATE October 3, 2011 from a country that fails to adopt ap- One of the questions that is raised is, There is story after story just like propriate policies or to take identifi- Is our bill WTO compliant? We believe that. When American companies are able action to eliminate currency mis- it is. We have worked hard to ensure fighting for their survival and battling alignment. this. The bill provides the President subsidized Chinese exports, including Our bill also uses U.S. trade law to with flexibility to waive any con- high-end exports, this is no longer an counter the economic harm to U.S. sequences that might have an adverse argument about labor-intensive indus- manufacturers caused by currency ma- impact on the U.S. economy. The bill tries alone. nipulation. The artificially low value also continues to allow the U.S. Gov- I, for one, am not prepared to raise of the yuan—economists estimate it is ernment trade officials to do their job the white flag on American manufac- anywhere from 20 to 40 percent less and make the decisions on the basis of turing and on American jobs, and nei- than what it should be—amounts, as is facts argued before them. We have ther should anybody else. I know well known now, to a subsidy on Chi- talked to many experts in the field. American manufacturing can compete nese exports and a tariff on imports They too believe our bill is WTO com- successfully against Chinese competi- from the United States and other coun- pliant. tion at home, in China, and around the tries to China. What do the critics say? No one criti- world but only if the playing field is Under existing trade laws, if the cizes the idea that China has manipu- level, and our bill helps to level that Commerce Department and the Inter- lated its currency. No one criticizes the playing field. national Trade Commission find that thought, the actuality that China ma- Critics of our bill say that while cur- subsidized imports are causing eco- nipulates its currency. Almost every- rency manipulation is an important nomic harm to American manufactur- body thinks not enough is being done. issue, legislation to address it would ers and workers, the administration The main argument against our bill is ignore the many and growing chal- must impose duties on those imports to not the bill itself, but critics of the bill lenges we face in China. The critics are offset or countervail the benefit con- worry that maybe this could start a wrong. We have no intention of ignor- ferred on foreign producers and export- trade war with China. Well, I have ing the range of China’s market-dis- ers by government subsidies. Com- news for them: We are already in a torting practices, the ones I mentioned merce already has the authority under trade war with China, and we are los- before. In fact, because China was U.S. law to investigate whether cur- ing. China, by its mercantilist policies emboldened on currency, which the rency undervaluation by a government on currency above all but on rare earth whole world—Brazil, just a week or two provides a countervailable subsidy, al- and intellectual property, ago, asked China to stop manipulating though it has failed to do so despite re- unsubsidization of homegrown indus- its currency. The European Union feels peated requests by industry after in- try, on exclusion of American exports the same way we do. Nobody does any- dustry to investigate. Our bill specifies the applicable in- where we might have advantage, is al- thing, so China is emboldened to pur- vestigation initiation standard so Com- ready engaged in a trade war, and the sue mercantilist policies in other merce can’t just turn its back on these result is that millions of Americans do areas. Just recently, they have become companies, and it will require Com- not have jobs who should. The result is involved in rare earths. They tell merce to investigate whether currency that hundreds of billions of dollars flow American manufacturers: If you want undervaluation by a government pro- out of America and into China. If we do rare earths, you would be a lot better vides a countervailable subsidy if the not do anything about this, our coun- off sending your plant to China. It is U.S. industry requests the investiga- try will be hurt badly, perhaps irrep- just unheard of. tion and provides the proper docu- arably. Critics of our bill say it is unlikely to mentation. Some argue, as did the Washington create any incentive for China to mod- Our bill also clarifies that Commerce Post today, that it will not have much ify its exchange policies. The experi- may not refuse to investigate a subsidy of an effect because the industry of ence Senator GRAHAM and I have had is allegation based on the single fact that China has to revalue its currency; that when China thinks something a subsidy is available in circumstances these industries will go to places such might be done, they begin to let their in addition to export. as Bangladesh. They are making an ar- currency rise. Because nothing perma- Our bill also uses the term ‘‘currency gument that is 5 and 10 years old and nent is done, they go right back to misalignment,’’ but it is not just a stale. We are not arguing about labor- their old habits as soon as the pressure term. Administrations, both the Bush intensive industries such as clothing or is off. This idea that if we pressure the administration and the Obama admin- shoes or toys. Those are going to Ban- Chinese, they won’t do it makes no istration, have, to the amazement of gladesh already, with the cost of Chi- sense. If we pressure them, they do many Americans, refused to label nese labor going up. China uses its cur- nothing, and if we don’t pressure them, China a currency manipulator. But ma- rency manipulation against our top- they do nothing. The only answer is nipulation is a subjective standard in- notch manufacturers. The large compa- concrete legislation. volving intent. What we do is refine nies say nothing because most of them What would those who oppose this that concept and go for misalignment. have plants in China, so they can get bill have us do? What is their sugges- We believe misalignment is the appro- around it, but middle- and small-sized tion? They do not really have one. priate standard. That is not subjective. manufacturers are up against this wall Should we continue to sit back and It is not saying why the currency is and are desperate for our help. watch while American jobs and Amer- misaligned or how or who did it. It is One manufacturer in upstate New ican manufacturers and even large simply saying that it is. It is a nar- York makes a very advanced product chunks of American wealth just drift rower standard. It is a standard that is that deals with cleaning pollutants as away? Should we continue to, as one of harder to wriggle out from under if they go through a power system. It is a my constituents put it, be not Uncle anybody, any government official is in- top-notch product. This manufacturer, Sam but Uncle Sap? Well, there are too tent on not enforcing the rules we who employs a couple hundred people many of us in this Chamber on both think necessary to get the Chinese to in upstate New York, said to me: Chi- sides of the aisle who will not sit back act. So the bill is carefully thought na’s stealing my stuff even though I and continue to let mercantilist trade out. The decimation of our middle have patents and other things on it. practices continue to decimate Amer- class, our manufacturing sector, and They are stealing the method by which ican manufacturing and American the American economy as a whole is we do this. He said: I could live with jobs—middle, low, and high—nor will due in part to developing countries that if they just sold the stuff in China. my colleagues here in the Senate. such as China employing currency ma- We are not big enough to export all Democrats and Republicans are united nipulation and other aggressive mer- around the world. Instead, what they on this issue. We must take decisive cantilist tactics to tilt the field in do is steal our intellectual property on action against China’s currency manip- their favor. In the absence of action by this, and then they come back and sell ulation and other economically inju- the administration, we have a responsi- it in America at a 30-percent discount rious behavior. The fact that they ma- bility to protect the interests of Amer- because of currency manipulation. How nipulate their currency imbalances the ican workers and companies. am I going to compete with that? whole world trading system. Many

VerDate Mar 15 2010 01:05 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.030 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6023 economists list it as one of the reasons Mr. HATCH. I have enjoyed the re- order to limit or preclude currency ap- we had the decline in global trade in marks of my distinguished friend from preciation, primarily in China but also the worldwide recession. We simply New York. in some of the other economies as well. have no choice but to right the wrong As we begin the debate today on the There also seems to be little question China is committing. important issue of exchange rate mis- that China manipulates its currency in Any retaliation by China would be alignment, although it is an important order to subsidize its exports. further evidence of their unwillingness debate, I seriously question its timing. The bill before us seeks to address ex- to meet their obligations under the Let’s step back for a moment. At the change rate misalignment specifically WTO and the global trade community. end of last month, the Senate approved and global imbalances generally by By the way, China has a lot more to legislation renewing and expanding sharpening the tools available to lose with retaliation than we do. If trade adjustment assistance. We need counter currency manipulation by a there is one country that gains the to be clear about what this program trading partner. Of course, any addi- most by exporting to the United States is—a big government spending program tional tools we can construct must be by international trade, it is China. of dubious value but one that is impor- carefully crafted to align with all of They are very smart, and they are not tant to President Obama’s union allies. our international trade agreements and going to cut their nose to spite their Not surprisingly, given the heft labor global rules of trade. face. unions wield in the liberal political co- The issue of China’s currency has I wholeheartedly support the Presi- alition, this spending program is Presi- been with us for far too many years. dent’s goal of doubling U.S. exports dent Obama’s top trade priority, so The issue of China’s currency has over the next 5 years, but that cannot much so that he was even willing to been with us for far too many years. be done if we do not take concrete ac- abandon our allies in Colombia, Pan- We have repeated discussions about tion to address the protectionist prac- ama, and South Korea unless he se- how to address lack of appreciation of tices of foreign governments that con- cured this additional spending. To get China’s currency, followed by diplo- cede tariff reductions only to replace more government spending for big matic bilateral discussions assurances tariffs with massive currency manipu- labor, the President was willing to hold of moves from China to allow apprecia- lation, border taxes, and a variety of up the three free-trade agreements tion some modest subsequent apprecia- state subsidies. We will not do it unless with Colombia, Panama, and South tion while the political heat is on, and we get to the root cause. Korea that everyone knows will grow little change thereafter once the heat China’s currency manipulation would this economy and create jobs. subsides. be unacceptable even in good economic I was happy to chat with the Trade This approach does not seem to be times. At times of high unemployment, Representative a few minutes ago, and working. We have had large and per- we can no longer stand for it. There is he told me he was going to send those sistent bilateral trade deficits with no bigger step to create American jobs three trade agreements up today, and China, and those deficits continue. We that we can take than to confront Chi- they should be here between 4 p.m. and have relied on China’s massive excess na’s currency manipulation. It is not a 5 p.m. I am really happy about that be- savings to finance our growing debt, Democratic or Republican issue. Every cause it is way beyond time to get and we have worsened that reliance one of us has manufacturers, compa- them here. given the debt-fueled spending spree of nies that are struggling to compete at Americans need to remember this the current President. China’s dollar- home and abroad with Chinese exports episode when they hear the President denominated reserve holdings, which with a built-in price advantage. It is talk about his commitment to job cre- have grown for many years, have not China bashing. It is about fairness ation. Put aside all the talk, and it is ballooned from around $1.9 trillion and defending American jobs. clear where the rubber hits the road. when President Obama took office to Many of us and most Americans are The President will prioritize govern- over $3 trillion, according to some re- worried about how things will be in 10, ment spending over private sector job cent estimates—a 50-percent increase. 20 years from now. Will America stay growth. But currency misalignment by China the leading economic power of the Still, because of the President’s in- is not the only source of global finan- world? Will our children have a better sistence on this spending program, the cial and economic imbalances. If the life than we do? The No. 1 thing we TAA bill is likely to pass the House President looked in the mirror, he have to do is change things at home to and become law. So here is my ques- would see his own responsibility for make that better, there is no question tion: Given that we just debated a global economic uncertainty. Our about it. Very high on the list as well trade bill that we knew would likely budget deficits have far exceeded $1 is making sure China no longer un- become law, why was this currency bill trillion for the past 3 fiscal years. For fairly sucks millions of jobs and hun- not considered in that context? I can 2011, the deficit is expected to be dreds of billions of dollars of American only conclude either that the adminis- around $1.3 trillion, which is an wealth to its shores. What China does tration opposes the currency bill and unsustainable 8.5 percent of GDP and will make our job of keeping America therefore asked that it not become part the third-largest deficit in the past 65 strong, of having the next generation of TAA or that the consideration of years, exceeded only by the deficits in live a better life than this generation this bill is merely a political exercise 2009 and 2010. Deficits of this mag- far more difficult unless we force them with little expectation that it ever will nitude have not been seen since the to change. They will not change on become law. With millions of Ameri- years surrounding World War II, when their own. cans out of work and the economy virtually the entire economy was being Passage of this legislation will lead stagnant, the people of Utah and all directed by the Federal government. to real consequences for countries that American citizens deserve more than Given our budget deficits and the unfairly manipulate their currency. We political grandstanding. China currency issue, the important have waited a long time. We have de- Regarding the substance of the issue, question is: What is being done? clined to move the legislation at the the manipulation of currency values by Let’s look at what is being done with request of two administrations. Pa- major trading partners in order to gain a bit of recent history for context. tience—not of us but of the American unfair trade advantage represents a Back in 2008, then-candidate Obama people—has worn out. I ask my col- genuine threat to U.S. jobs and to re- wrote the following to textile organiza- leagues to stand with us on S. 1619. balancing of the global financial and tions: Stand up for American manufacturing, economic system. For many years and The massive current account surpluses ac- for American jobs, for American continuing into the present, that cumulated by China are directly related to wealth. Stand up so our children can threat is a reality. There is virtually its manipulation of its currency’s value. The have an even brighter future than we unanimous agreement among inter- result is not good for the United States, not have. national analysts that there exists good for the global economy, and likely to I yield the floor. large-scale, prolonged, one-way inter- create problems in China itself. The ACTING PRESIDENT pro tem- vention in exchange markets by some He went went on to promise that, if pore. The Senator from Utah. of our important trading partners in elected, he would use all diplomatic

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Why Also, back in 2009, during the Treas- then why has he refused to take such a not consider the legislation right away, ury Secretary’s confirmation hearing simple step as designating known, ex- as demanded by the President in his before the Senate Finance Committee, isting currency manipulation? campaign speeches and Democratic Na- now-Secretary Geithner stated that: There is a severe mismatch here be- tional Committee advertisements? President Obama—backed by the conclu- tween political rhetoric and action. We are told by the President that sions of a broad range of economists—be- My fear is that the administration’s Americans who are out of work cannot lieves that China is manipulating its cur- overreliance on overseas funding—in wait until the next election for us to rency. particular from China—to finance their act boldly for job creation. So why are Those are strong words. Yet once in exploding deficits is preventing the we not considering his American Jobs office, the President and Secretary President and his officers from acting Act, unless my Democrat friends dis- Geithner failed to follow up on those on behalf of the competitive, but strug- agree with the President that the act words with action. The Administration gling, American workforce. would be the most important job cre- promised to usher in an era of change It is well past time for the adminis- ator available to us today? but failed to change the way the U.S. tration to recognize the negative con- I suspect they know that the $447 bil- deals with the China currency issue. sequences of China’s manipulation for lion in new stimulus spending included The Omnibus Trade and Competitive- American workers and manufacturers, in the President’s jobs bill, and the ac- ness Act of 1988 requires that the and for global stability. companying proposals to impose $1.5 Treasury Secretary report on exchange Even though there has been only trillion in new taxes on a sluggish rate policies of major U.S. trading tepid support, even on the Democratic economy, is economically counter- partners. Under the act, Treasury must side of the aisle, for the President’s productive and a sure-fire political consider whether countries manipulate much touted jobs plan, there is bipar- loser. exchange rates for purposes of pre- tisan agreement that Congress needs to I must say that the President’s Jobs venting balance of payments adjust- take significant actions to address the Act looks like more of the same debt- ments or gaining unfair trade advan- massive jobs deficit this Nation is fac- fueled stimulus spending, cloaked tage. ing. We face a national crisis in having under the guise of ‘‘investment,’’ along The evidence clearly seems to show unemployment persisting at over 9 per- with higher taxes, cloaked under the that China’s currency policies amount cent, with elevated numbers of the un- label ‘‘tax reform.’’ to manipulation leading to an unfair employed suffering from long-term While I may disagree on the particu- advantage in international trade. bouts of joblessness and with many lars of the President’s proposal, I do Candidate Obama agreed during his American workers having become so not disagree with his premise that we campaign. discouraged that they have simply face a national crisis in our labor mar- Treasury Secretary Geithner agreed dropped out of the labor force. kets and that we should be debating during his confirmation testimony. According to statements by the ma- measures that will promote American Yet, as Treasury Secretary and as jority leader of the Senate, a focus on job creation now, without delay. President, the two have refused to act. jobs is precisely why we are consid- We are also told by the President Secretary Geithner has issued five ering the bill before us. According to that we must pass our pending trade foreign exchange reports, but has re- one of those statements, the majority agreements with Colombia, Panama, fused to label China as a country that leader is reported as having said that and South Korea. Jobs are at stake, he manipulates its exchange rate for the ‘‘I don’t think there’s anything more says. As with the political campaign purpose of gaining unfair competitive important for a jobs measure than rhetoric exhorting Congress to pass the advantage in international trade. Let China trade.’’ President’s American Jobs Act, which me repeat that, despite many bold I am starting to think my friends on the majority leader has opted to shelve claims about using all the tools at the other side of the aisle are like the until some unspecified future date, the their disposal to counteract China’s gang that couldn’t shoot straight. The President delayed the action required trade policies, the administration re- majority leader thinks that addressing to get these agreements passed for fuses to designate China’s policies as China trade is essential to job creation. much too long. being consistent with currency manip- But based on its failure to use existing Pass the American Jobs Act, the ulation for trade advantage. The ques- tools available to designate China as a President scolds. tion that I and most of my colleagues currency manipulator, the administra- But we can’t because the Democrat’s from both sides of the aisle have is: tion apparently disagrees or it would majority leader has not brought the Why? have long ago used its authority to Act to the Senate floor. The currency Clearly, the administration must rec- make such a designation under the Om- bill, which is unlikely to lead to much, ognize the consequences of China’s ma- nibus Trade and Competitiveness Act if any, job creation before the next nipulation for American workers and and then acted on the problem. election, has come first, perhaps to manufacturers and for the stability of The President’s focus seems to be allow more time for campaign speeches the global financial and economic sys- elsewhere. He seems to think that at and ads by the Democratic National tem. Why, then, is the administration least as important for jobs as the issue Committee. protecting China by refusing to des- of China trade identified by the major- Pass the free trade agreements, the ignate it as a currency manipulator? ity leader is his so-called American President lectures. But they were de- Under the Omnibus Trade and Com- Jobs Act. Advertisements by the layed, as they sit idle on his desk. petitiveness Act, once a country is so Democratic National Committee and I am pleased, since the trade leader designated, there are no draconian ac- campaign speeches by the President in the administration called me a few tions required. The immediate reper- since he announced it in a joint session minutes ago to tell me they are on cussions are merely stepped-up moni- of Congress early last month tell us their way up here today. toring and greater vigilance in dia- quite clearly that we should ‘‘meet our This currency bill is coming first. logue. Those don’t seem to be things responsibilities’’ and consider that Act But what needs to come first is job cre- that would lead to currency or trade ‘‘right away.’’ ation, not electioneering and politics. wars. Yet my friends on the other side of Our jobs deficit is a full-blown na- So, why doesn’t the administration the aisle apparently believe that a po- tional crisis. The unemployment rate act? litical debate over China and its cur- has been persistently above 9 percent After all, American jobs are at stake. rency policies are more important for since April of this year. It has averaged American workers can compete with job creation than the President’s 9.4 percent since the President took of- any workers in the world, but our American Jobs Act. fice. It has been above 9 percent in 26

VerDate Mar 15 2010 01:05 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.009 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6025 out of the 31 months since the Presi- generating trade deficits with nearly fueled infrastructure spending. Pre- dent took office, despite promises by 100 other countries, the Chinese piece sumably, given his interest in job cre- administration economists that the of the U.S. imbalance will migrate ation ‘‘right now,’’ the projects he has massive debt-fueled stimulus, which somewhere else. This bill is not a in mind will be more shovel-ready than will cost over $1 trillion when all costs magic bullet to solve our problems or the readiness of the previous stimulus are included, would keep unemploy- the problems arising from global im- projects, which turned into something ment contained below 8 percent. And balances. And it almost surely is not the President found so funny that he the unemployment rate is even higher, the highest priority piece of legislation joked about it. Of course, it is no joke at over 16 percent, once we include, for if job creation is truly our focus. to jobless Americans who are stuck example, people who want to work but The United States, for its part, con- with the stimulus debt bill. have become so discouraged that they tributes to global imbalances by per- We heard in early September from no longer look for work. sistently saving too little. Following the chairman of the President’s Coun- Nearly 14 million workers are unem- the financial crisis, which was precip- cil on Jobs and Competitiveness that ployed, and the number grows when we itated partly by large runups in house- the council identified ‘‘ten high-pri- include discouraged workers. The num- hold indebtedness, American families ority infrastructure projects based on ber of long-term unemployed workers have tightened their belts to save more their potential to put Americans to has been at record highs. According to and repair their own balance sheets. It work right away—projects that have Census data released last month, those is the U.S. Federal Government that already been funded, but are being held in their twenties and thirties are suf- has been missing in action to restore up by regulations.’’ fering from the highest unemployment national savings, reduce our Federal The jobs council says it will work rate since World War II. The enthu- debt, and promote global balance. with the administration to try to get siasm of young citizens in 2008 long ago Rather than repair the Federal bal- the projects moving. Let me repeat gave way to disappointment and dis- ance sheet, the administration has cho- that: the projects ‘‘are being held up by affection. sen to run trillions of dollars of debt- regulations.’’ This comes from the Our joblessness crisis is nothing fueled deficits and borrow ever-increas- chairman of the President’s own jobs short of a crisis for liberty. When ing sums from abroad, including China. council. American men and women do not have And rather than facing the fact that Yet when some on the other side of jobs and opportunity, their freedom to the Federal Government has a spending the aisle are reminded that regulations make lives for themselves is eroded. problem, the President is advertising are holding back job creation, they re- Yet we are to understand that in the and campaigning on a new American coil in disbelief. If there are 10 large- face of this historic crisis, there is no Jobs Act stimulus and tax hike plat- scale infrastructure spending projects more important issue regarding jobs form containing even more spending ready to go and already fully funded than our bilateral trade with China. and short-term debt accumulation. and are only being held up by regu- Again, I agree we need to address the We are told that it will be in the in- latory review lag, I urge the President issue of currency manipulation and our terest of the American people to bor- to act ‘‘right now’’ to get those sustained and large trade deficits with row more today in order to spend more projects underway in the interest of job China. However, let us be clear that on infrastructure, for example. The creation. Make one fewer campaign ap- dealing with issues related to China in- stimulus proponents say: Interest rates pearance and use that time to expedite volves only one bilateral trade rela- are low, so let’s ramp up borrowing regulatory review and get those tionship. The trade and current ac- right now. That is the same approach projects going if, as should be the case, count problems facing the United the Senate took when it voted to ex- he believes job creation is more impor- States, and the global financial, trade, tend and expand trade adjustment as- tant than politics and wishes to act on and economic imbalances that every- sistance. They ignore, however, that that belief. one faces are not solved by addressing piling trillions more onto our national We have also heard the President re- this one trading relationship. That is credit card issued by China and our marking on how, from a global com- one reason I will be offering an amend- other creditors moves us that much petitiveness perspective, the United ment to this bill calling for multilat- faster into the company of the States should borrow more today and eral and plurilateral negotiations to eurozone countries who now face de- spend on what he generically calls ‘‘in- address currency misalignment. If we fault and elevated interest costs. frastructure,’’ which, as it turns out, are going to succeed, we need to look While Federal borrowing rates are can be anything from paving a road to at the big picture and work with our low today, what happens when global doling out money to solar panel mak- allies to counter China’s current prac- markets tire of our profligacy and ers. tices. I will discuss my amendment in debt-financed spending and begin to de- The President cited in his infrastruc- more detail soon, but hope it will re- mand higher interest compensation? As ture advocacy a set of global rankings ceive strong bipartisan support. Spain and Italy have seen recently, low on infrastructure from the World Eco- Our trade imbalances are not with interest rates are not guaranteed and nomic Forum’s Global Competitiveness China alone. Rather, as part of the the interest rate environment that you Report. The President seemed to read problem of saving too little, the United face can pivot on a dime and escalate the report and its ranking of the States has multilateral trades imbal- rapidly. Borrowing at low rates today United States as 23rd out of 139 coun- ances which require more action than sounds great, until you wake up tomor- tries for transportation infrastructure focusing solely on one bilateral rela- row and are forced to refinance at more competitiveness as a call for more tionship. punitive rates. More debt-fueled gov- spending on whatever it is he thinks of According to recent data from the ernment spending beyond our means is as infrastructure. U.S. International Trade Commission, sure to drive us rapidly down the road It appears, however, that he did not the United States has trade deficits to the stagnation and debt crisis we are read the report in its entirety. If he with nearly 100 countries. The United seeing today in Europe. did, he would have noticed that the States saves too little, and that prob- Of course, the President claims his ranking is for only one of nine factors lem will not be solved solely by passing new stimulus and tax hike proposals in the report’s overall infrastructure the bill before us. are all paid for, but the payments are assessment. More importantly, if he Make no mistake, the legislation we largely promises of future austerity. had read the report, he would have no- are considering can provide useful tools Anyone who has paid attention knows ticed the overriding area identified as for addressing concerns about China, if that when the Federal Government the weakest one for the United States the administration actually uses the promises to go on a spending diet later in terms of eroding our global competi- tools. But those tools alone are not suf- it never leads to fiscal weight loss be- tiveness. To quote the report directly: ficient. If we try to address our multi- cause future Congresses are not bound A lack of macroeconomic stability con- lateral problems by putting pressure on by today’s promises. tinues to be the United States’ greatest area China alone, without also attending to It is interesting to hear the Presi- of weakness (ranked 87th). Prior to the cri- our lack of saving and our own role in dent’s persistent calls for more debt- sis, the United States had been building up

VerDate Mar 15 2010 01:05 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.014 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6026 CONGRESSIONAL RECORD — SENATE October 3, 2011 large macroeconomic imbalances, with re- The overriding objective of the legis- country through the diversity visa lot- peated fiscal deficits leading to burgeoning lation—job creation—is shared by Re- tery program. Each year, hundreds of levels of public indebtedness; this has been publicans and Democrats alike. There- thousands of people apply to be one of exacerbated by significant stimulus spend- the 50,000 individuals allowed to emi- ing. In this context, it is clear that mapping fore, it is my hope that amendments out a clear exit strategy will be an impor- from my side of the aisle, designed to grate to the United States. The pro- tant step in reinforcing the country’s com- promote job growth today and in the gram has had great success. I have petitiveness going into the future. future, will be duly considered, al- been very supportive of it. It has also There you have it. The report the lowed, and duly debated. enriched the American fabric with im- President data-mined to find a number I look forward to consideration of the migrants from countries that are not to use to support more stimulus quite currency bill before us and a robust, bi- traditionally represented in the immi- clearly says that declining U.S. global partisan process, which includes con- grant pool. competitiveness has come from fiscal sideration of amendments from both But, unfortunately, because applying deficits, exacerbated by stimulus sides to promote job creation. for a ‘‘lottery ticket’’ has been tradi- spending. It clearly says the solution is As I have said, our Nation faces a cri- tionally free, the program has recently to exit from our unsustainable fiscal sis of unemployment and joblessness been compromised by third parties fil- path. That means reining in the run- that is filled with pain today and ing applications on behalf of unknow- away debt-fueled spending, not more threatens erosion of human capital and ing foreign nationals, who then turn spending. skills, which will negatively impact around and try to extort money from Before turning to the legislative families and the overall economy for these foreign nationals if the ticket process on the bill before us, let me years and years to follow. Let us not turns out to be a ‘‘winning ticket.’’ post a trail marker for our delibera- have politics and special interests dic- That is wrong and unfair. The State tions. The currency bill we are consid- tate what we consider to promote job Department has told us that by charg- ering includes reliance on exchange creation and economic growth. Amer- ing this $30 fee, we can eliminate this rate models used by the International ican workers and families, many of misconduct. So it is a win-win. We get Monetary Fund. Those models allow them struggling and in pain, cannot some money to pay for these refugees for the macroeconomic effects on cur- wait until the next Presidential elec- who we all agree should be admitted rency valuations of fundamental tion is resolved for the Federal Govern- here. As I said, many helped us in Iraq changes in policies of trade partner ment to act to promote job creation. and Afghanistan and, at the same time, countries. For example, if the United Mr. President, I suggest the absence it does not cost us a nickel and elimi- States engages in fundamental tax re- of a quorum. nates a scam that involves a very wor- form that would lead to improved The PRESIDING OFFICER (Mr. thy program, the diversity visas. growth and reduced deficits and debt, COONS). The clerk will call the roll. Finally, the third great thing about the models considered in the legisla- The bill clerk proceeded to call the this bill is, by setting the fee at $30, tion before us have the ability to cap- roll. the CBO projects we will actually re- ture those effects. Mr. SCHUMER. Mr. President, I ask duce our deficit by $24 million. So it The marker I wish to set here is a re- unanimous consent that the order for will help, in a small way, reduce the minder that we should be similarly so the quorum call be rescinded. deficit. So the bill hits the trifecta: It inclined to use economic models that The PRESIDING OFFICER. Without helps a very small, targeted group of allow for macroeconomic effects of pol- objection, it is so ordered. the most vulnerable and needy disabled icy changes when we choose to make Mr. SCHUMER. Mr. President, I individuals whom we traditionally fundamental changes to tax and spend- know our time expires shortly. Senator have not abandoned, it virtually elimi- ing policies. We should be as willing to HATCH has concluded his remarks, so I nates misconduct in the diversity visa have our budget score keepers use eco- wish to speak on two other subjects program, and it reduces the Federal nomic models that allow for long-run until Senator LEAHY arrives. deficit. Because it is a win-win-win for growth and macroeconomic effects of SSI EXTENSION all sides, I ask that my colleagues in fundamental tax and spending reform Mr. President, I rise in support of a the House take up and pass this bill policies as we seem to be here in this bill to be introduced along with Sen- immediately. legislation to use models that incor- ators LEAHY, GILLIBRAND, MENENDEZ, The benefits for these folks already porate such effects when evaluating FRANKEN, and KLOBUCHAR, called the expired on October 1. If we do not act currency alignments. If it is good to SSI Extension for Elderly and Disabled soon, we will not be able to repair the use economic models that allow for an Refugees Act of 2011. irreparable harm that will be done to accounting of growth effects here, then This bill, which the Senate is consid- those most vulnerable individuals. I it should be good elsewhere. ering passing today by unanimous con- wish to thank my cosponsors and I also need to address the process we sent, is truly unique because it accom- chairmen and ranking members of the will follow in our consideration of the plishes three incredibly important ob- relevant committees governing this currency bill before us. The bill has jectives at the same time. bill: Senators LEAHY, GRASSLEY, BAU- garnered bipartisan support. In the in- First, it ensures that approximately CUS, HATCH, CONRAD, SESSIONS, and terest of promoting a truly bipartisan 5,600 disabled refugees will not lose CORNYN. I would also like to thank effort, which the American people critical life-sustaining benefits that Senator COBURN for working with me would love to see, it is my hope there are their only safety net, protecting to have this bill pass and address his will be balance in amendments that are them from homelessness, illness, and concerns to make the bill better. allowed to be considered. This bill has other effects of extreme poverty. We have done something very good. I sound objectives, but it is not perfect. Some of the disabled refugees this thank all my colleagues who have I believe amendments from both sides bill helps are people who have aided joined in the work on this bill. of the aisle can improve the final prod- American troops overseas in Iraq or Af- NOMINATION OF WILLIAM F. KUNTZ, II uct. And, as I mentioned earlier, I have ghanistan—and risked their lives for Mr. President, William F. Kuntz, II, an amendment that I believe will im- America’s cause. Others are victims of is the nominee to the U.S. District prove this bill significantly and help us torture or human trafficking, whose in- Court for the Eastern District of New devise a long-term approach to dealing juries are so severe that they are now York. I wish to describe to my col- with currency misalignment. I hope unable to sustain themselves without leagues the extraordinary qualifica- there will be an opportunity for it, and these benefits. The bill continues the tions of Dr. Kuntz, the nominee to the others, to be considered. I hope they Bush administration policy of making bench of the Eastern District, whom are not going to lock up the tree again, sure this vulnerable group does not hopefully we will confirm later today. which is the standard practice around lose its benefits. Dr. Kuntz has exactly the skills, tem- here by the majority. This bill is an But, unlike past bills, the second key perament, and experience to be a per- important bill, and we ought to be able fact about this bill is that it is fully fect addition to one of the busiest U.S. to amend it with important amend- paid for. It is paid for by imposing a $30 district courts in the country. Dr. ments. fee on individuals applying to enter the Kuntz, currently a partner in the New

VerDate Mar 15 2010 01:05 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.034 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6027 York office of Baker Hostetler, is a na- EXECUTIVE SESSION Mr. LEAHY. Mr. President, today’s tive of Harlem. He grew up in what was consideration of six qualified consensus then called the Polo Grounds projects judicial nominations is welcome. It is and went to high school at Fordham NOMINATION OF HENRY F. FLOYD all too rare. I commend Majority Lead- Prep in the South Bronx. TO BE UNITED STATES CIRCUIT er REID for pressing for Senate votes on JUDGE FOR THE FOURTH CIR- all 27 of the judicial nominees fully He earned his undergraduate degree CUIT from Harvard University, followed by a considered by the Senate Judiciary master’s degree in history, a law de- Committee and awaiting final action gree, and a Ph.D. in American legal NOMINATION OF NANNETTE by the Senate. We have a judicial vacancy rate that history, all from Harvard—I hope no JOLIVETTE BROWN TO BE stands at 11 percent. We have 95 vacan- one will hold that against him—and all UNITED STATES DISTRICT cies on Federal courts around the coun- within 11 years of arriving in Cam- JUDGE FOR THE EASTERN DIS- try. We have to build on today’s ef- bridge, from Harlem. TRICT OF LOUISIANA forts, the regular consideration of What an amazing man. What an nominations without needless delay. American dream story. I would venture NOMINATION OF NANCY I was talking the other day with that throughout this country, Dr. TORRESEN OF MAINE TO BE Bruce Cohen, who is the chief of staff Kuntz has few peers, in terms of edu- UNITED STATES DISTRICT of the Senate Judiciary Committee— cation and training. But he did not use JUDGE FOR THE DISTRICT OF chief counsel—and somebody who has his degrees to go on to teach and write, MAINE had a great deal of experience working a valuable career path, to be sure, but with different Senators. We were talk- possibly not one that would have put ing about the fact that there has never his skills as an advocate and his com- NOMINATION OF WILLIAM been anything such as this. We usually, mitment to the people of New York to FRANCIS KUNTZ, II, TO BE whether it is a Republican President, their highest and best use. UNITED STATES DISTRICT Democratic President, Republican-con- Instead, Dr. Kuntz went on to log 33 JUDGE FOR THE EASTERN DIS- trolled Senate, Democratic-controlled Senate, when nominees go through the years of litigation experience in some TRICT OF NEW YORK Senate Judiciary Committee unani- of New York City’s finest law firms. mously, supported by the Senators Most impressive to me, he served for 23 NOMINATION OF MARINA GARCIA from their home State, they usually, years as commissioner on the City Ci- MARMOLEJO TO BE UNITED within a few days during wrap-up, are vilian Complaint Review Board. This STATES DISTRICT JUDGE FOR voice voted through. independent agency oversees the inves- THE SOUTHERN DISTRICT OF Once in a while whoever is leader tigation of citizens’ claims of mis- TEXAS may need a vote on a Monday after- conduct by New York City police offi- noon. So the next Monday afternoon cers. By all accounts, Dr. Kuntz staked one will be voted on. It is always 100 to NOMINATION OF JENNIFER out an admirable middle ground, in- nothing. formed by hard investigative work and GUERIN ZIPPS TO BE UNITED Then we have people go through careful consideration of all the 5,000 STATES DISTRICT JUDGE FOR unanimously, supported by Republican cases that came before the board every THE DISTRICT OF ARIZONA and Democratic Senators, and they year. The PRESIDING OFFICER. Under wait month after month after month. I When my legal committee looked the previous order, the Senate will pro- hope we can get away from that. I into his work there, he was praised by ceed to executive session to consider hope, for the integrity of our judicial both the police side and those who the following nominations, which the system, we can get away from that. brought cases before the board. In that clerk will report. But also just think of the personal ac- kind of tempestuous situation, that is The bill clerk read the nominations count that it means to the people who rare indeed. Dr. Kuntz’s commitment of Henry F. Floyd, of South Carolina, have been nominated. If a person is a to public service is long and impres- to be United States Circuit Judge for lawyer, a distinguished lawyer, they sive. He served in leadership positions the Fourth Circuit; Nannette Jolivette are nominated for the Federal bench, on the Lawyers’ Committee for Civil Brown, of Louisiana, to be United everybody is going to congratulate Rights Under Law, the Legal Aid Soci- States District Judge for the Eastern them, saying that is wonderful. Then ety, the New York Bar, and PLI, among District of Louisiana; Nancy Torresen, the rest of their law firm is kind of others. of Maine, to be United States District looking at them, saying: Are you going Judge for the District of Maine; Wil- to leave now? When are you going to I will note that Dr. Kuntz will be fill- liam Francis Kuntz, II, of New York, to leave? Because their life is put on hold. ing a judicial emergency vacancy in be United States District Judge for the They are probably going to take a sig- the Eastern District of New York, a Eastern District of New York; Marina nificant cut in salary anyway. But court that adjudicates a large share of Garcia Marmolejo, of Texas, to be they cannot take on new clients. critical cases, such as terrorism and United States District Judge for the I hope this is probably an indication terrorism financing, organized crime Southern District of Texas; and Jen- we will finally get moving. and mortgage fraud. nifer Guerin Zipps, of Arizona, to be The Senate will need to vote on four Dr. Kuntz is sorely needed and more United States District Judge for the to six nominations judicial nominees a than up for the task. I look forward to District of Arizona. week, not just this week or next week, Dr. Kuntz’s service on the bench. I con- The PRESIDING OFFICER. Under but throughout the fall if we are to gratulate him and his family. the previous order, there will be 1 hour make a real difference and make real for debate with respect to the nomina- progress. With a judicial vacancy rate I yield the floor and I suggest the ab- tions, with the time equally divided in that stands at 11 percent and with 95 sence of a quorum. the usual form. vacancies on Federal courts around the The PRESIDING OFFICER. The The Senator from Vermont. country, we need to build on today’s ef- clerk will call the roll. Mr. LEAHY. Mr. President, that fort with the regular consideration of The bill clerk proceeded to call the would bring us to 20 minutes of 6. I nominations without needless delays. roll. think there was probably an attempt Among the nominees selected for to vote at 5:30. I ask unanimous con- Senate action today from the 27 await- Mr. LEAHY. I ask unanimous con- sent that the time be still divided in ing final consideration is the nomina- sent that the order for the quorum call the regular way but the votes begin at tion of Magistrate Judge Jennifer be rescinded. 5:30. Guerin Zipps of Arizona. She will fill a The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without vacancy in Tucson created by the trag- objection, it is so ordered. objection, it is so ordered. ic murder of Chief Judge Roll earlier

VerDate Mar 15 2010 01:05 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.035 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6028 CONGRESSIONAL RECORD — SENATE October 3, 2011 this year. This confirmation sets the sidered after a wait of nearly 5 months. ceived the unanimous support of all benchmark for how judicial nomina- This is only the fifth circuit court Democrats and all Republicans serving tions should be being treated. It has nomination the Senate has been al- on the Judiciary Committee. Each is been little more than 70 days since her lowed to consider this entire Congress. being delayed from filling a judicial nomination was sent to the Senate, This stands in sharp contrast to the 17 emergency vacancy and serving the and Judge Zipps has participated in a circuit court nominations in 17 months people of their State and their circuit. hearing, was considered by the com- that we confirmed when I chaired the Republicans who will not consent to mittee and is now being confirmed by Judiciary Committee in 2001 and 2002 votes on these nominations should ex- the Senate. If, on the other hand, Sen- and President Bush was in the White plain to the people of the many States ate Republicans had adhered to the House. that comprise the Second Circuit— timeframe that they have utilized dur- The nomination of Judge Floyd is an- Vermont’s circuit—and the Fifth and ing the last 2 years for delaying consid- other example of how President Obama Ninth Circuits why those important eration of consensus nominees, Judge is working with home State Republican Federal appeals courts are short on Zipps would not be considered or con- Senators to select a qualified, con- badly needed judges who could be con- firmed until next year. I know this sensus nominee. Judge Floyd received firmed today. nomination is important to Senator the highest possible rating from the The Senate’s Republican leadership KYL and I am glad to be able to support American Bar Association’s Standing continues to delay votes on qualified, it and work with him to have it consid- Committee on the Federal Judiciary consensus district court nominations, ered by the Senate. I hope that the Ari- and has the support, as do all the nomi- as well, leading to the backlog we have zona Senators will now give consent for nees awaiting final Senate action, of today of over two dozen judicial nomi- the committee to move forward with both of his home State Senators, in nations pending on the Senate’s Execu- the nomination of Rosemary Marquez this case two Republican Senators. A tive Calendar—nearly half of them to to fill another emergency vacancy in Federal District Court Judge for the fill judicial emergency vacancies. They Arizona so that we can do more to help District of South Carolina since 2003, continue to refuse to consent to votes meet the critical needs on the Federal Judge Floyd previously served as a on 17 of the 27 nominations and have court in their State. State court judge for 11 years, and be- unnecessarily delayed votes on all of The judicial emergency vacancy fore that he spent 19 years in private them for months. Judge Zipps will fill is important, just practice. It is no surprise that his nom- Millions and millions of Americans are directly affected by this obstruc- as the action to fill the judicial emer- ination was reported unanimously by tion. More than half of all Americans— gencies in New York, Texas and on the the Judiciary Committee. What is dis- nearly 170 million—live in districts or Fourth Circuit that we will fill today is appointing is that it has taken almost circuits that have a vacancy that much needed. There are other nomi- 5 months for Republicans to consent to would be filled today if the Senate nees ready for final Senate action to Senate consideration of this nomina- would act. More than half of all fill judicial emergency vacancies on tion. The people of South Carolina and States—26—are served by courts that the Second, Fifth and Ninth Circuits the other states of the Fourth Circuit— have nominations currently pending on Virginia, Maryland, West Virginia, and and in New York, Pennsylvania, Flor- the Senate’s Executive Calendar. The North Carolina—should have had a cir- ida and Texas. Given the extensive Republican leadership should explain cuit court judge and not a judicial delays in filling vacancies, and the his- to the millions of Americans in these emergency vacancy for the last several torically high level of vacancies that States why they will not vote. They months. inaction on confirming President should explain to the people of New Obama’s nominees has perpetuated, it They are not alone. There are quali- fied, consensus nominees who were re- York, Texas, Pennsylvania, Florida, is no surprise that so many pending Wyoming, Alaska, California, and ported unanimously by the Judiciary nominees will fill judicial emergency Delaware why they will not consent to Committee now on the Senate calendar vacancies. Of the 17 judicial nomina- votes today on qualified, consensus to fill judicial emergency vacancies on tions Republicans have not consented nominees to fill vacancies on the Fed- the Second, Fifth and Ninth Circuits. to consider, that are stuck before the eral trial courts in their States. Senate, seven of them would fill judi- Those judicial emergency vacancies af- These 170 million Americans should cial emergency vacancies, as well. fect the people of Vermont, Con- not have to wait additional weeks and I have repeatedly thanked Senator necticut and New York; Mississippi, months for the Senate to fulfill its con- GRASSLEY for his cooperation in mak- Louisiana and Texas; and Washington, stitutional duty and ensure the ability ing sure that the Senate Judiciary Oregon, Montana, Wyoming, Idaho, Ne- of our Federal courts to provide justice Committee regularly considers nomi- vada, Arizona and California. These are to Americans around the country. nations. Regrettably, our work has not not controversial nominees. The Sen- They should not have to bear the brunt been matched on the Senate floor, ate should be able to take up and con- of having too few judges available to do where the refusal by the Republican firm nominees like Stephen Higginson the work of the Federal courts. At a leadership to promptly consider con- of Louisiana, nominated to a judicial time when judicial vacancies have re- sensus nominations has contributed to emergency vacancy on the Fifth Cir- mained at historically high levels for the longest period of historically high cuit with the support of his home State over 2 years, these needless delays per- vacancy rates in the last 35 years. The Senators, one a Democrat, and the petuate the judicial vacancies crisis six nominees we consider today are other a Republican. His nomination that Chief Justice Roberts wrote of double the number allowed to be con- was reported unanimously nearly 3 last December and that the President, sidered since the August recess. Such months ago. The Senate should be able the Attorney General, bar associations unnecessary and unexplained delays to take up and confirm the nomination and chief judges around the country are wrong, and are harmful to the Fed- of Christopher Droney of Connecticut, have urged us to join together to end. eral judiciary and to the American peo- nominated to a judicial emergency va- The Senate can and should be doing a ple who depend on it. cancy on the Second Circuit, who has better job working to ensure the abil- Only one of the nominations which the support of both of his home State ity of our Federal courts to provide the Republican leadership has agreed Senators, Senator BLUMENTHAL, a justice to Americans across the coun- to consider will fill a vacancy on our Democrat, and Senator LIEBERMAN, an try. courts of appeals. This is in spite of the Independent. The Senate should be able We could easily act today to improve fact that four circuit court nominees, to take up and confirm the nomination this situation dramatically and allevi- all for judicial emergency vacancies of Morgan Christen of Alaska, nomi- ate the crisis. Of the 17 nominations and all unanimously voted out of the nated to a judicial emergency vacancy the Republicans continue to obstruct, Judiciary Committee, are awaiting on the Ninth Circuit, who has the sup- 15 were reported by the committee final Senate action. The nomination of port of both of her home State Sen- unanimously. All of these consensus Judge Henry Floyd of South Carolina ators, Senator MURKOWSKI, a Repub- nominees have been favorably reported to fill a judicial emergency vacancy lican, and Senator BEGICH, a Democrat. after a fair but thorough process, in- the Fourth Circuit is finally being con- Each of these circuit nominees re- cluding extensive background material

VerDate Mar 15 2010 01:05 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.006 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6029 on each nominee and the opportunity have confirmed only 44 judicial nomi- mate at Tulane Law School to the Fed- for all Senators on the committee, nations, less even than last year. The eral bench. She possesses a wonderful, Democratic and Republican, to meet first year of the Obama administration, warm, calm personality that is per- with and question the nominees. They Republicans would only allow 12 judi- fectly suited to the right demeanor a have a strong commitment to the rule cial nominees to be confirmed. That judge should have. of law and a demonstrated faithfulness was the lowest total in more than 50 Nannette is currently serving as the to the Constitution. These are the years. After last year, the total num- city attorney for New Orleans, a chal- kinds of consensus nominees that in ber of judicial nominees allowed to be lenging position that is tasked with past years would have been considered confirmed was the lowest total for the providing legal advice to all city offi- and confirmed within days or weeks of first 2 years of an administration in 35 cials and departments in addition to being reported, not delayed for weeks years. Last year, the Senate adjourned representing New Orleans in all legal and months. and left 19 judicial nominees without matters. She has handled this responsi- During the first years of the Bush final action. Most had to be renomi- bility well and her experience as a pub- and Clinton administrations, we were nated again this year. The last of those lic servant will be an asset to her new able to reduce vacancies significantly nominees was not confirmed until June position as a Federal judge. by confirming judges. The vacancies 21 of this year. Last year’s stalling Throughout her career in private that had numbered over 100 early in took us an extra 6 months to remedy. practice, Ms. Brown established herself those administrations were dramati- Accordingly, the Senate’s confirmation as an expert in environmental law. Ad- cally reduced by this juncture. By of judicial nominees who had their ditionally, she has taught law at Loy- early October in the third year of the hearings and were considered by the ola University New Orleans, the South- Bush administration judicial vacancies committee this year will total only 27 ern University Law Center, and as a had been reduced to 46. By early Octo- after the confirmations today. teaching fellow at Tulane Law School. ber in the third year of the Clinton ad- Some seek to justify their continuing Nannette Brown will bring a wealth ministration they had been reduced to failure to take serious action to ad- of both public and private sector expe- 57. In contrast, the judicial vacancies dress the vacancies crisis by recalling rience to the Federal bench, as she has now in October of the third year of the selected instances where Democrats op- practiced, taught, and administered Obama administration stand at 95, posed some of President Bush’s most the law throughout her career. She is with a vacancy rate of 11 percent. That controversial nominees. That is no jus- exceptionally qualified to serve as a is a vacancy rate that is more than tification for the across-the-board Federal judge. double where it stood at this point in stalling on consensus judicial nomi- I believe that the Constitution is President Bush’s third year. nees. And this ignores the fact that we clear that judges must interpret the Rather than coming down as they were able to make real progess in those law and not legislate from the bench. have in the past with Republican and years to confirm judicial nominees and Accordingly, we have a responsibility Democratic presidents, Federal judicial fill vacancies. We confirmed 100 judges to confirm judges who respect the rule vacancies have remained near or above in the 17 months I chaired the Judici- of law and will practice judicial re- 90 for more than 2 years. As the Con- ary Committee in 2001 and 2002. The straint. I am confident that Nannette gressional Research Service confirmed Senate will not confirm the 100th of Brown will be just such a judge. I urge in a recent report, this is a historically President Obama’s circuit and district my fellow Senators to unanimously high level of vacancies, and this is now court judges until today, during the support her confirmation today. the longest period of historically high 33rd month of the Obama administra- Ms. COLLINS. Mr. President, I am vacancy rates on the Federal judiciary tion, nearly twice as long. honored to support the nomination of in the last 35 years. At the end of President Bush’s first 4 Nancy Torresen to be a U.S. District I hope that we can come together to years in office, the Senate had con- Judge for Maine. She is eminently well return to regular order in the consider- firmed 205 of his judicial nominees. We qualified to be confirmed. She has led ation of nominations as we have on the have a long way to go to reach that an exemplary career of public service, Judiciary Committee. The refusal by total before the end of next year. At culminating in her current position as Republican leadership to come to reg- this point in the presidency of George an assistant U.S. attorney. ular time agreements for the Senate to W. Bush, 162 Federal circuit and dis- Ms. Torresen graduated from Hope vote on nominations continues to put trict court judges had been confirmed. College cum laude in 1981 and received our progress—our positive action—at On October 3 of the third year of Presi- her law degree cum laude in 1987 from risk. It does no good for the Judiciary dent Clinton’s administration, 163 Fed- the University of Michigan Law School Committee to vote on judicial nomi- eral circuit and district court judges where she was executive editor of the nees if the Senate does not act to con- had been confirmed. By comparison, Law Review. After graduation, she firm them. The hard work of the Judi- after today we will have confirmed came to Maine to serve as a law clerk ciary Committee is being squandered. only 104 of President Obama’s circuit to the extraordinarily well-respected When the Senate is prevented from act- and district court nominees. To match Maine Judge Conrad Cyr. From 1988 to ing, as it has been with respect to 17 of the total at end of President Bush’s 1990, she worked at the law firm Wil- the 27 judicial nominations left pend- first term the Senate will need to con- liams and Connolly here in Wash- ing before it, the vacancies persist and firm more than 100 Federal circuit and ington. the American people are not being district court judges during the next In 1990, she had the good judgment to served. year. That means doubling to tripling return to Maine when she became an Last month, a Republican Senator the pace at which the Senate has been assistant U.S. attorney for the District was in error when he told the Senate acting. of Maine and initially handled civil and the American people that the Sen- We can and must do better to address matters involving Federal agencies. ate had already confirmed 67 article III the serious judicial vacancies crisis on In 1994, she was assigned to the appel- judges this year. Had we, the Federal Federal courts around the country that late section of the criminal division of judicial vacancies would not remain at has persisted for over 2 years. We can the Maine attorney general’s office crisis levels. I wish he had been cor- and must do better for the nearly 170 where she was responsible for rep- rect, but sadly he was not. At the time, million Americans being made to suffer resenting the State in appeals of seri- only 38 nominees had been confirmed. by these unnecessary delays. ous violent crime convictions. Even if Senate Republicans were to Mr. VITTER. Mr. President, I am In 2001, Ms. Torresen returned to the abandon their obstructionist tactics happy to support Nannette Jolivette- U.S. attorney’s office where she has and allow votes on all 27 of the judicial Brown’s nomination to the Eastern been responsible for investigating and nominations currently awaiting final District of Louisiana. She is an experi- prosecuting Federal crimes in the Senate action, we would still fall short enced, real world practitioner with northern half of Maine. of his proclamation. strong ties to the Louisiana legal com- I am impressed by her dedication and In fact, even after an additional six munity. I was very pleased when the passion for the law. I also appreciate confirmations today, the Senate will president nominated my former class- her 21-year long commitment to public

VerDate Mar 15 2010 01:36 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.007 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6030 CONGRESSIONAL RECORD — SENATE October 3, 2011 service. She has remarked that she is public servant, and a great Arizonan. out this mission. As a result, the proudest of her criminal prosecution Judge Zipps has big shoes to fill, but I Fourth Circuit correctly held that the efforts because of the urgent need to am confident she is up to the chal- President could properly designate and protect the public from violent crimi- lenge, and that she will serve with detain Mr. Padilla as an enemy com- nals and her desire not to let down the honor and distinction. batant. Judge Floyd erred in adopting victims. I would like to say a few words about a rule that would, in essence, allow One of her more significant cases was the background of Judge Zipps. Her enemy combatants to escape military the recent prosecution of a multistate qualifications are quite strong. Judge jurisdiction if they simply succeed in bank robber dubbed the ‘‘Burly Ban- Zipps graduated from the University of entering—or re-entering—the United dit.’’ From April through July, Robert Arizona and from Georgetown Univer- States—and in Mr. Padilla’s case, for Ferguson robbed more than 10 banks sity Law Center. After law school, she the purpose of conducting additional and credit unions throughout New Eng- clerked on the Ninth Circuit for Judge and lethal operations against the land. The spree ended with a robbery of Canby and then worked for 4 years at United States and its citizens. Bangor Savings Bank in July, and on the law firm of Molloy, Jones & Judge Floyd has had an accomplished October 1 of last year Mr. Ferguson Donahue. She spent the next decade as legal career, and has served with dis- pleaded guilty in U.S. district court in an Assistant U.S. Attorney in the U.S. tinction as a state and federal judge for Bangor to 11 counts of bank robbery. Attorney’s Office for the District of Ar- nearly two decades. Because of this Maine’s U.S. attorney recognized Ms. izona. She rose to be chief of the Civil lengthy and distinguished judicial Torresen for her outstanding work in Division and for the last three years record, I supported his nomination to coordinating the prosecution in the six was the Chief Assistant in the office. the Fourth Circuit, despite my serious States. She earned numerous awards, including disagreement with his ruling in the Except for a brief stint in private one for leadership and one for her per- Padilla case. practice, Ms. Torresen’s entire career formance as the civil chief. It is easy to VERMONT DEVASTATION has been that of a dedicated public see why Judge Zipps was awarded the Mr. LEAHY. Mr. President, I wish to servant. She is well respected in the ABA’s highest rating: Unanimous talk about the devastating flooding in legal community and was rated ‘‘Well Qualified.’’ Vermont but also our recovery. Last ‘‘unanimously well-qualified’’ by the Judge Zipps has served as a mag- week, my wife Marcelle and I probably American Bar Association. istrate on the Federal district court in drove 400 miles around the State of Let me share one of my many con- Arizona since 2005. She has a distin- Vermont—inside the State. We are a versations with her colleagues in the guished record that has earned the re- small State. The distinguished Pre- Maine legal community. Tim spect of the legal community in Ari- siding Officer knows how in small Woodcock is a well-known attorney in zona. With her judicial experience, States one can go from one end to the Bangor, whose comments are very typ- Judge Zipps will be able to hit the other fairly quickly. But we criss- ical of what I heard when I called and ground running and help tackle one of crossed the State over a period of a lit- asked people what they thought of Ms. the heaviest caseloads in the Federal tle over 1 week, a lot of the time just Torresen. Tim said that he regards her judiciary. the two of us in the car. We would as ‘‘highly professional, extremely ca- Perhaps most telling is the high re- drive around and say thank you to vol- pable, tough, but fair and is a strong gard in which Judge Zipps is held by unteers. advocate for the adherence by law en- her colleagues on the district court. Some of the things we saw were so forcement to all legal requirements.’’ They come from different backgrounds touching. People who had lost every- These are all qualities that we should and were appointed by Presidents of thing were helping others and vice look for in our judicial nominees. Ms. both parties, but they all speak highly versa. The spirit is wonderful. The re- Torresen’s work as a prosecutor in both of her. ality is, our little State, the State the Federal and State judicial systems, Mr. MCCONNELL. Mr. President, I where both my wife and I were born, her integrity, her temperament, and will vote to confirm Judge Henry Floyd has been hurt in a way we have not her respect for precedent make her to the United States Court of Appeals seen in our lifetime. well qualified to serve as Maine’s next for the Fourth Circuit despite my I have talked about these inspiring Federal judge. strong disagreement with his ruling in actions of Vermonters. One of the Maine has a long, proud history of an important case that involved our things we saw is some of the worst superb federal judges, and I believe national security. As a Federal district damage caused by the storm has been that Ms. Torresen will continue that court judge in 2005, Judge Floyd ruled to the houses and mobile homes and tradition if confirmed. that the President of the United States apartments, where Vermonters had I urge my colleagues to support her did not have the authority to detain as built their lives. They had made their nomination. an enemy combatant Jose Padilla, the homes, had become part of the commu- Mr. KYL. Mr. President, I strongly so-called Dirty Bomber, because Mr. nity. Their kids go to school. They are support the nomination of Magistrate Padilla was an American citizen who the fabric of the community. Judge Jennifer Guerin Zipps to the was apprehended in the United States. We have seen entire mobile home de- Federal district court. The U.S. Court of Appeals for the velopments washed away. Where homes At the outset, I would like to point Fourth Circuit reversed Judge Floyd in once stood, now lies a path of damage out that Judge Zipps has been nomi- that case. The Fourth Circuit noted, and destruction and heartbreak. Look nated to fill the seat once occupied by correctly in my view, that under the at the horrific flooding we have right Chief Judge John Roll, who was, of plain language of the Authorization for here—suddenly no roads where there course, murdered earlier this year dur- Use of Military Force and the plurality were roads. Look at the forefront of ing the same attack that left Congress- opinion of the Supreme Court in Hamdi this picture—a house collapsed in on woman GABRIELLE GIFFORDS gravely versus Rumsfeld, the place of Mr. itself, children’s toys on what might wounded. On every level, this was a Padilla’s eventual capture was imma- have been a playground at one time tragic loss for Arizona and the judici- terial to the authority of the Com- that is now devastated. I had people ary. John Roll was known for his fair- mander-in-Chief to detain him as an tell me: We lost everything. Then, in ness to those who appeared before him, enemy combatant. Mr. Padilla had as- tears: We lost our wedding album. We plaintiffs and defendants alike. As sociated himself with al-Qaida in Af- lost the pictures of our children when chief judge, he was a tireless advocate ghanistan during hostilities against they graduated from high school. We for all Arizonans, working to ensure U.S. forces. Mr. Padilla then fled to lost pictures of their baptism or their that the federal courts in our state Pakistan, whereupon he met with bar mitzvah. were able to handle growing caseloads Khalid Sheik Mohammed, who directed I mean, it tears one apart because while simultaneously seeking swift and him to travel to the United States to they have lost not only their homes, fair justice for all. blow up apartment buildings. Mr. they have lost part of their memories. The day we lost Chief Judge Roll, we Padilla was in the United States at the I commend my staff both in Wash- lost an outstanding jurist, a dedicated time of his capture in order to carry ington and in Vermont, because they

VerDate Mar 15 2010 01:36 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.001 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6031 have worked sometimes literally Just 1 week after the flooding, FEMA cans here at home in America. It is around the clock—weekends, evenings, estimated that more than 900 homes in Alice in Wonderland. An old Vermonter days—to help. They have seen first- Vermont had suffered damage. Today, said to me: You know, PAT, we give hand the ruin and pain delivered by that number continues to grow, and them money in Iraq and Afghanistan to this disaster. They have seen it with families who found safety and comfort build homes and bridges and roads, and their eyes and in the tearful eyes of the in their homes before Irene now find then they blow them up. If we build families around the State. Over the themselves living in temporary homes, them here in America, we will take sounds of generators powering sump in shelters and hotels, while winter is care of them and we will use them. I pumps and heavy equipment removing quickly, quietly approaching. could give a 10-hour speech on the floor debris, we have had countless conversa- Our small State’s ability to build on those two sentences, summing up tions with people as they stared at new homes depends greatly on support what I have heard from everybody. I foundations—empty foundations—that from Federal safety net programs, such don’t care what their political back- once held their homes; as they dug as the emergency community develop- ground is. toxic muck out of their basements and ment block grant funding that I was Now is not the time to ask Ameri- shops; and as volunteers helped with proud to support included in the Trans- cans to choose between helping victims pulling down wet drywall, in a race portation-HUD appropriations bill. of a disaster and funding for cancer re- against the onset of mold. While this emergency funding is a first search, equipment for first responders, Most of these conversations begin step in addressing the urgent housing or job-creating programs. We need to with memories of fast-rising water and needs of States such as Vermont that come together as a country, as we al- death-defying rescues. In Northfield—a have been struck by natural disasters, ways have in the past, to pass an emer- town a few miles from where I live— we know that much more will be need- gency disaster relief bill for our States dozens of homes along the peaceful Dog ed to help our decimated towns and in their time of need. River were flooded with as much as 6 communities and their citizens get The Senate has answered the call by feet of water. One homeowner who es- back on their feet. passing critical disaster relief legisla- caped the rising waters by canoe fears Housing authorities need section 8 tion. It is time for the House to do the the insurance and FEMA assistance choice vouchers to provide relief to same and let the victims of Hurricane will not be enough to help him restore low-income renters permanently dis- Irene start rebuilding their homes. As his home, which is part of his life. Like placed, and they need the flexibility to they rebuild their homes, they will re- many of the residents of his Water make use of the few available units of build their lives. They will rebuild Street neighborhood, he is left won- government-subsidized housing with- their lives and they will rebuild our dering whether rebuilding is possible or out the burden of stringent income-eli- communities. When they rebuild our even worth the effort. gibility requirements. To some, this communities, they rebuild our State. In Brattleboro, which is down in the sounds like numbers, but it is very im- We are part of the United States of southeast corner of our State along the portant to the people who depend upon America. Connecticut River, and which is a them. Mr. President, I yield the floor, and I boundary between Vermont and New I am proud that in the Senate, on the suggest the absence of a quorum, with Hampshire, the Brattleboro Housing Appropriations Committee over the the time equally divided on both sides. Authority lost 60 units of housing. past several weeks, we have been work- The PRESIDING OFFICER. Without They put families in hotels, on their ing so hard and we have been able to objection, it is so ordered. friends’ couches, and spread through- make prompt, significant, and bipar- The clerk will call the roll. out the region, as the housing author- tisan strides toward addressing the The bill clerk proceeded to call the ity tries desperately to fix what is lost. emerging disaster recovery needs in roll. I saw a lot of that damage. I went there States such as Vermont, New Jersey, Mr. GRASSLEY. Mr. President, I ask with the Governor and with the head of and North Carolina. Actually, 48 States unanimous consent that the order for our Vermont National Guard. I saw it. face emergency disaster needs this the quorum call be rescinded. In Roxsbury—a beautiful town—one year. The PRESIDING OFFICER. Without family along a peaceful brook that is I remember the stories my parents objection, it is so ordered. normally about 1 foot wide was forced and grandparents told me of flooding Mr. GRASSLEY. Mr. President, to their roof as floodwaters rose, and long before I was born in Vermont. I today, the Senate will confirm six the brook became a raging rapid more am 71 years old, but I have not seen more of President Obama’s judicial than 20 feet across and 6 feet deep. damage and destruction of this mag- nominees. Four of these vacancies have In Duxbury—the next town over from nitude in Vermont in my lifetime. been deemed to be judicial emer- mine—in Quechee, in Berlin, and in Other States were also hit by Irene and gencies. With these votes, we will have nearly a dozen other towns, mobile are stretched to the limit. Just as vic- confirmed over 44 percent of the judi- home parks quickly became sub- tims of past disasters throughout the cial nominees submitted by President merged. These homes are especially country were able to rely on fellow Obama during this Congress, and 66 vulnerable to flood damage and are Americans in their times of need—in- percent of all his judicial nominees. easily destroyed by a few feet of water. cluding Vermont—so should As I have stated, the confirmation of These are areas where they have never Vermonters be able to count on a help- executive and judicial appointments is seen a few feet of water, and suddenly ing hand when they need it most. It is one of the highest responsibilities of it was there. regrettable and disappointing—actu- the Senate. It is a duty I take seri- Last week, in Woodstock, I visited a ally incomprehensible—that some in ously. It is not, as some have sug- mobile home park where, on the night Congress continue to insist that assist- gested—a pro forma process. We are of the flood, the entire community ance can only come at the cost of other not here to merely rubberstamp the crowded onto a small mound in the Federal programs that are relied upon President’s nominees. Sometimes that middle of the park awaiting rescue, by the American people. Do we take it process takes a little time. It is the watching as their homes were being de- out of education or medical research or Senate’s right and duty to review thor- stroyed. Marcelle and I stood on that job creation? Do we rob Peter to pay oughly the record, qualifications, and mound. It was a beautiful fall day. We Paul? Some of these same voices have temperament of nominees. Above all, looked down and you could see every- had no problem with spending hundreds the process is to be treated with re- thing that had been torn up. You could of billions of borrowed dollars on wars spect and with dignity. This is impor- see the gouges and all the damage. I waged overseas and on rebuilding com- tant for the nominees, for the Senate, wondered, how could somebody stay in munities in Iraq and Afghanistan. They and for public confidence in our con- there? Honestly, as the houses were de- will borrow the money to rebuild roads stitutional process. stroyed and they watched that water and villages and homes in Iraq and Af- So I was disturbed to read recent come up, they probably thought if it ghanistan, but they are going to apply news reports regarding what was de- comes up any farther, we are going to a different standard to recovery efforts scribed as an induction ceremony in die. that are desperately needed for Ameri- the Northern District of California for

VerDate Mar 15 2010 05:01 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.038 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6032 CONGRESSIONAL RECORD — SENATE October 3, 2011 Judge Edward Chen. I believe, at this I have been working throughout this nominate Judge Jennifer Guerin Zipps event, Judge Chen showed disrespect to Congress to confirm consensus nomi- to the seat, even though she was a sit- the Senate and to the confirmation nees. I continue to remind my col- ting magistrate judge. Since the Presi- process. I regret that I would have to leagues of the progress we have made. dent took his time in submitting a spend any time on this, and take away With a hearing in the Judiciary Com- nomination, I felt it appropriate to from the confirmation of the pending mittee scheduled for tomorrow, 85 per- work with the chairman to move this nominees. But there are important cent of President Obama’s judicial nomination through in an expeditious points that need to be addressed to pro- nominees will have received a hearing. manner. Nominated in late June of this tect our process and our members. At this point in President Bush’s presi- year, Judge Zipps received her hearing The Senate confirmed Judge Chen dency, only 77 percent had been af- a mere 34 days later. Judge Zipps was last May by a 52–46 vote. Needless to forded a hearing. reported to the floor shortly after we say, he was not a consensus nominee. Not only have we processed a higher returned from the August recess and I Among the concerns about this nomi- percentage of nominees, but we have am happy we have continued this fast nation was Judge Chen’s judicial phi- done it in shorter times. President pace and are confirming her to a life- losophy, his willingness to adopt the Obama’s circuit court nominees have time position today. ‘‘empathy standard,’’ and concern that only had to wait, on average, 66 days In addition to Judge Floyd and Judge he would not set aside his personal for a hearing. President Bush’s circuit Zipps, we will confirm Nannette views—largely shaped by his long asso- court nominees were forced to wait 247 Jolivette Brown to be United States ciation with the ACLU. Remarks re- days. In fact, we will be hearing from a District Judge for the Eastern District portedly made at this recent event in- Fourth Circuit nominee tomorrow of Louisiana; Nancy Torresen to be dicate our concerns were valid. after only 26 days in committee. None United States District Judge for the I have not seen a transcript of the of President Bush’s circuit court nomi- District of Maine; William Francis event, but an article entitled ‘‘Chen nees were afforded a hearing that Kuntz to be United States District Toasted, Republicans Roasted’’ makes quickly. President Bush’s Fourth Cir- this look more like a political rally Judge for the Eastern District of New cuit nominees were particularly treat- rather than a judicial event. Chief York; and Marina Garcia Marmolejo to ed in a harsh manner. My friends on Judge Ware, in commenting on Judge be United States District Judge for the Chen’s confirmation quipped, ‘‘It made the other side of the aisle allowed four Southern District of Texas. I am pleased to support each of these me wonder if Judge Chen should be qualified and consensus nominees to running for political office.’’ That is languish at a time when the Fourth nominees. I thank them for their pub- what many of us thought was more ap- Circuit was one-quarter vacant. lic service and congratulate them on President Obama’s district court propriate for Judge Chen, rather than their prior accomplishments and con- nominees have also received better appointment as a Federal judge. firmation today. The news article describes remarks treatment. On average, they have only I would like to say a few words about made by Judge Chen, which I can only waited 79 days for a hearing. President each of the nominees. describe as mocking one of our mem- Bush’s district court nominees waited Henry F. Floyd, is nominated to be a circuit judge for the Fourth Circuit. bers, Senator SESSIONS. This is dis- 247 days. These nominees are also being tasteful, if not ironic. It was only after reported out of committee at a quicker This seat has been deemed to be a judi- cial emergency. Mr. Floyd is currently a personal appeal by SENATOR FEIN- pace as well. On average, President STEIN to Senator SESSIONS that the Obama’s circuit and district court a U.S. district court judge for the Dis- vote on Judge Chen went forward. Sen- nominees have been reported more trict of South Carolina. He was nomi- ator SESSIONS agreed to that vote and than 66 days faster than President nated to the bench by President George pressed other Members to let the vote Bush’s. W. Bush in 2003, and has sat by designa- proceed. If the press accounts are accu- All in all, we have taken positive ac- tion on the U.S. Court of Appeals for rate, I believe Judge Chen owes an tion on 85 percent of President Obama’s the Fourth Circuit several times. apology to Senator SESSIONS. judicial nominees this Congress. Even Prior to joining the bench, Judge Judge Chen went on to again em- though I am proud of this progress, I Floyd was elected by the South Caro- brace his ACLU background, stating, must note, I will continue to focus on lina General Assembly to serve as a ‘‘Having the ACLU in your DNA is not quality confirmed over quantity con- circuit court judge for the Thirteenth a disease, it’s an honor.’’ As I have said firmed. Judicial Circuit in 1992. before, Judge Chen’s advocacy on be- Shortly, we will be voting on Henry He began his legal career in private half of the ACLU is not disqualifying, Floyd, who is nominated to the appeals practice, first as a solo practitioner by itself. But I have to wonder about court for the Fourth Circuit. This is and eventually forming the law firm of the impartiality of Judge Chen. More President Obama’s fifth nominee to be Floyd & Welmaker, which then merged importantly, what are potential liti- confirmed to the Fourth Circuit alone. with Acker & Acker. He focused on gants appearing before Judge Chen to President Bush’s nominee to the civil, criminal and domestic litigation think. If the ACLU is an opposing liti- Fourth Circuit from South Carolina, as well as trust and commercial law. gant, is there any way to think Judge Steve Matthews, did not receive the He also served as an attorney for Pick- Chen can be fair and impartial. I would same treatment. In fact, he went 484 ens County while maintaining his full- think mandatory recusal would be re- days without so much as a hearing, let time law partnership. Judge Floyd is a quired in any ACLU case coming before alone an up-or-down vote. Not only graduate from Wofford College and re- him. that, he was blocked from being consid- ceived a Juris Doctorate from the Uni- Federal Judges must abide by the ered. I would note the seat to which he versity of South Carolina. It was dur- code of conduct for United States was nominated was subsequently filled ing his second year of law school when Judges. I will withhold judgment on by a nominee from North Carolina, Judge Floyd was elected to the South whether or not Judge Chen violated rather than South Carolina where the Carolina House of Representative, serv- those canons, but in my opinion he vacancy arose. ing three terms until 1978. clearly went too far—particularly with Another vacancy we will be voting on The ABA Standing Committee on the regard to the requirement to uphold tonight is the District of Arizona seat Federal Judiciary has rated Judge the integrity of the judiciary, to avoid held by the late Judge Roll before his Floyd with a unanimous ‘‘Well Quali- impropriety and the appearance of im- tragic and untimely death on January fied’’ rating. propriety in all activities, and to re- 8, 2011. The entire judicial community Nannette Jolivette Brown is nomi- frain from political activity. I hope felt this great loss. After Judge Roll’s nated to the Eastern District of Lou- Judge Chen realizes the important re- murder, I repeatedly implored the ad- isiana. Ms. Brown currently serves as sponsibility he has and acts accord- ministration to focus on filling this city attorney for the city of New Orle- ingly in the future. I also hope this is seat as quickly as possible. It was ans, where she represents the city as a lesson to other nominees—that they deemed to be a judicial emergency in- its chief legal officer. Prior to that, Ms. treat this process with respect, even stantly. However, it took over 5 Brown was in private practice, working after confirmation and appointment. months for the administration to on real estate, environmental, personal

VerDate Mar 15 2010 05:01 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.017 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6033 injury, insurance, commercial and The ABA Standing Committee on the nomination of Judge Henry Floyd for business law. She taught a number of Federal Judiciary has unanimously the Fourth Circuit Court of Appeals, courses at Southern University Law rated Mr. Kuntz as ‘‘Well Qualified.’’ and the motion to proceed on China’s Center, and was a clinical professor at Marina Garcia Marmolejo, is nomi- currency. Loyola University. nated to the Southern District of First, Judge Henry Floyd has been From 1994 to 1996, Ms. Brown served Texas. This is another judicial emer- nominated by President Obama to as the Director of Sanitation for New gency seat. Ms. Marmolejo is currently serve on the Fourth Circuit Court of Orleans. She was also a teaching fellow a partner with Reid Davis LLP., where Appeals in Richmond, VA. He has a lot at Tulane Law School. Ms. Brown is a she has been focusing on complex com- of bipartisan support from South Caro- graduate from the University of South- mercial cases. Prior to this, she served lina. He was nominated by President western Louisiana and received her as Of Counsel for two firms, working on Bush to be a district court judge. He J.D. and L.L.M from Tulane Law complex Federal and State criminal de- served as a State court judge before School. fense matters, public corruption mat- that, and he has a distinguished record The ABA Standing Committee on the ters, criminal tax fraud, health care as a State and Federal jurist. He is an Federal Judiciary has rated Ms. Brown fraud, and mortgage fraud. outstanding choice by the President to with a unanimous ‘‘Qualified’’ rating. In 1999, Ms. Marmolejo worked brief- serve on the Fourth Circuit Court of Nancy Torresen is nominated to be ly for the law offices of Jesus M. Appeals. United States District Judge for the Dominguez before becoming an assist- I have known Henry Floyd for many District of Maine. Since 2001, Ms. ant U.S. attorney in the U.S. Attor- years. I have practiced law with him. I Torresen has served in the criminal di- ney’s Office for the Southern District have appeared before him as a State vision of the U.S. Attorney’s Office in of Texas. As an AUSA, Ms. Marmolejo judge and have followed his career. He the District of Maine. She has inves- was assigned to the Organized Crime is unanimously rated as well qualified tigated and prosecuted Federal crimes Drug Enforcement Task Force where to proceed to the Fourth Circuit. He in the northern half of the district. she handled narcotics cases and money has an outstanding legal background, From 1994 to 2001, the Department of laundering investigations. great temperament, and is one of the Justice detailed Ms. Torresen to the After graduating from law school, most qualified district court judges in Maine Department of the Attorney Ms. Marmolejo joined the Federal Pub- South Carolina. He will serve the peo- General Criminal Division in the Ap- lic Defender’s Office for the Western ple of the Fourth Judicial Circuit well pellate Section. In this position, Ms. District of Texas as Assistant Public on the court of appeals. He has the Torresen represented the state of Defender where she remained until kind of intellect and common sense I Maine in appeals of serious violent 1998. She then moved to the Federal think most people in this part of the crime convictions. Public Defender’s Office for the South- country will appreciate having on the From 1990 to 1994, Ms. Torresen ern District of Texas where she again court. served as an Assistant United States served as an Assistant Public Defender I want to thank the Obama adminis- Attorney for the U.S. Attorney’s Office until 1999. tration, and I urge my colleagues to in Maine. She represented a variety of Ms. Marmolejo is a graduate of the vote for this well-qualified, fine man to federal agencies in litigation involving University of Incarnate Word and re- go to the Fourth Circuit Court of Ap- medical malpractice, employment and ceived her master of arts from St. peals. He has a lot of bipartisan sup- discrimination cases. Mary’s University Graduate School, port at home. Everybody who knows She began her legal career as a law and her Juris Doctorate, cum laude, Judge Floyd is a big fan—right, left, clerk with the Honorable Conrad K. from St. Mary’s School of Law. and center. Cyr, of the United States District The ABA Standing Committee on the CHINA’S CURRENCY EXCHANGE PRACTICES Court for the District of Maine. In 1988, Federal Judiciary has rated Ms. The issue after this vote is whether she joined Williams and Connolly as an Marmolejo unanimously ‘‘Qualified.’’ the Senate should proceed to debate associate, working on medical mal- Jennifer Guerin Zipps, nominated to legislation I have authored with Sen- practice, libel, and contract disputes. be United States District Judge for the ator SCHUMER and others dealing with Ms. Torresen is a graduate from Hope District of Arizona. As I mentioned, the currency exchange practices of the College with a B.A. and from the Uni- this seat has been deemed to be a judi- Communist dictatorship of China. I versity of Michigan School Of Law cial emergency. Judge Zipps has served have been involved in this for almost 7 with a juris doctorate. as a U.S. magistrate judge since 2005. years. We did a sense-of-the-Senate res- The ABA Standing Committee on the Prior to her serving on the bench, olution back in 2004, I believe it was, Federal Judiciary has unanimously Judge Zipps served as an assistant U.S. urging the Chinese to change their cur- rated Ms. Torresen as ‘‘Well Qualified.’’ attorney. While in that role, Judge rency policy. William Francis Kuntz, II, is nomi- Zipps was promoted to chief of the civil But what does this mean to the aver- nated to the Eastern District of New division. She also has private practice age American? The exchange rate York. This seat also has been deemed experience, serving as an associate in today is 6.38 yuan to the dollar. When to be a judicial emergency. Since 1986, the firm of Molloy, Jones & Donahue. you look at the dollar to the euro, I he has been a partner with a number of She began her legal career as a clerk don’t know what it is trading today, private law firms. While he has focused for Judge William C. Canby of the but it goes up and down every day. Chi- his practice on commercial litigation, Ninth Circuit Court of Appeals. na’s economy is growing at 9 and 10 he has represented financial services Judge Zipps is a graduate of the Uni- percent. They are the second largest institutions, and large industrial enti- versity of Arizona and received her economy in the world. They are mov- ties. juris doctorate from Georgetown Law. ing like gangbusters. Does it really From 1987 through 2010, Mr. Kuntz The ABA Standing Committee on the matter for them to suppress the value was appointed by Mayors Koch, Federal Judiciary has rated Judge of the currency? Yes, it does. Dinkins, Giuliani and Bloomberg, and Zipps unanimously ‘‘Well Qualified.’’ Any objective observer, looking at confirmed by the New York City Coun- Mr. President, I yield the floor, and I the history of the way the Chinese cil, to serve on the New York City Ci- suggest the absence of a quorum. Government deals with its monetary vilian Complaint Review Board, CCRB. The PRESIDING OFFICER. The policy, concludes they keep the yuan As a commissioner, he has reviewed clerk will call the roll. below its true value to create a dis- thousands of complaints filed by citi- The assistant legislative clerk pro- count on products made in China. Look zens against New York City police offi- ceeded to call the roll. at it this way. If you are competing cers. Mr. Kuntz has taught courses in Mr. GRAHAM. Mr. President, I ask with China in the world marketplace, American Legal History at Brooklyn unanimous consent that the order for not only do you have cheap labor to Law School. the quorum call be rescinded. compete against, but you have the Mr. Kuntz received his bachelor of The PRESIDING OFFICER. Without Government of China directly sup- arts, a master of arts, a juris doc- objection, it is so ordered. porting their industries in a way we torate, and a Ph.D from Harvard Uni- Mr. GRAHAM. Mr. President, I rise don’t here, and then add to that intel- versity. to speak on two topics, briefly, the lectual property theft. When you do

VerDate Mar 15 2010 01:36 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.019 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6034 CONGRESSIONAL RECORD — SENATE October 3, 2011 business in China, the next thing you tificially created. If they do something Manchin Portman Snowe McCain Pryor Stabenow know, a Chinese company across the better than us, they should win in the McCaskill Reed Tester street is producing the very product marketplace. That is just the way busi- McConnell Reid Thune you went to China to produce. ness works. But if the government in- Menendez Risch Toomey So the Chinese Government needs to tervenes and creates an advantage for a Merkley Roberts Udall (CO) Mikulski Rockefeller Udall (NM) follow the rule of law and live with the Chinese company, that is not winning Moran Rubio Vitter norms of international business prac- in the marketplace. This would not Murkowski Sanders Warner tices. And when it comes to currency matter if it were a small country such Murray Schumer Webb manipulation, it is impossible to be- Nelson (NE) Sessions Whitehouse as the Dominican Republic or some Nelson (FL) Shaheen Wicker lieve that the dollar-to-yuan ratio ex- small country where they have to keep Paul Shelby Wyden ists without the government manipu- the currency in check because they NOT VOTING—4 lating the value of the yuan. People es- don’t want wild swings of their cur- Blunt Inouye timate that it is 25 to 40 percent below rency. But major economic powers— Brown (OH) Lieberman its true value. What does that mean? It China, the United States, European means if you are competing with countries—can’t play that game. The nomination was confirmed. The PRESIDING OFFICER. Under China, selling the same product made So I hope my colleagues will vote to the previous order, the motion to re- in China, there is a discount on the allow this debate to go forward because consider is made and laid upon the Chinese product based on the value of this is about American jobs at the end table. The President will be imme- their money. of the day. diately notified of the Senate’s action. The trade deficit with China has ex- Mr. President, I yield the floor, and I ploded. Last year, it was $273 billion. note the absence of a quorum. f We were at $160.4 billion in July of this The PRESIDING OFFICER. The LEGISLATIVE SESSION year. Cheap exports coming out of clerk will call the roll. The PRESIDING OFFICER (Mr. China are the source of cash for the The assistant bill clerk proceeded to MANCHIN). Under the previous order, Chinese Government and Chinese in- call the roll. the Senate will return to legislative dustry. Mr. RISCH. Mr. President, I ask session. We can’t convert the currency in unanimous consent that the order for f China. In the United States, we can the quorum call be rescinded. take your money and convert it to any The PRESIDING OFFICER. Without CURRENCY EXCHANGE RATE currency we would like. But if a Chi- objection, it is so ordered. OVERSIGHT REFORM ACT OF nese manufacturer sells a product in Under the previous order, all pending 2011—MOTION TO PROCEED—Con- the United States and gets paid in dol- nominations other than the nomina- tinued lars, they have to convert it to the tion of Henry Floyd are confirmed. CLOTURE MOTION yuan. They have very restrictive mone- The question is, Will the Senate ad- The PRESIDING OFFICER. Under tary policies, and the ban of trading on vise and consent to the nomination of the previous order, the cloture motion the yuan is 0.5 percent day. The dollar Henry F. Floyd, of South Carolina,to having been presented under rule XXII, can fluctuate based on all kinds of eco- be United States Circuit Judge for the the Chair directs the clerk to read the nomic forces—our debt, our trade def- Fourth Circuit? motion. icit, and what is going on here at Mr. BROWN of Massachusetts. I ask The assistant bill clerk read as fol- home. But the Chinese Government re- for the yeas and nays. lows: stricts the fluctuation of the currency The PRESIDING OFFICER. Is there a CLOTURE MOTION in a way that costs us jobs. sufficient second? We, the undersigned Senators, in accord- It is estimated that over 2 million There appears to be a sufficient sec- jobs have been lost over the last decade ance with the provisions of rule XXII of the ond. Standing Rules of the Senate, hereby move because of currency manipulation The clerk will call the roll. to bring to a close debate on the motion to alone. It is one way to get an unfair ad- The assistant bill clerk called the proceed to Calendar No. 183, S. 1619, a bill to vantage in the marketplace. Over 41,000 roll. provide for identification of misaligned cur- jobs have been lost in South Carolina Mr. DURBIN. I announce that the rency, require action to correct the mis- alone because companies can’t compete alignment, and for other purposes. Senator from Ohio (Mr. BROWN), the with China. Harry Reid, Sherrod Brown, Charles E. Senator from Hawaii (Mr. INOUYE), and So this legislation would allow the Schumer, Tom Udall, Richard J. Dur- the Senator from Connecticut (Mr. LIE- Treasury Department to create new bin, Richard Blumenthal, Benjamin L. BERMAN) are necessarily absent. Cardin, Daniel K. Akaka, Jack Reed, criteria to monitor the currency prac- Mr. KYL. The following Senator is Joe Manchin III, Debbie Stabenow, tices of the Chinese Government. If it necessarily absent: the Senator from Sheldon Whitehouse, Kay R. Hagan, is found to be misaligned or manipu- Missouri (Mr. BLUNT). Robert P. Casey, Jr., Kent Conrad, lated, the Treasury Department can The PRESIDING OFFICER. Are there Kirsten E. Gillibrand, Robert Menen- bring countervailing duty proposals, dez. any other Senators in the Chamber de- counterveiling duty action against siring to vote? The PRESIDING OFFICER. By unan- China. We have done this before when The result was announced—yeas 96, imous consent, the mandatory quorum the Chinese dumped steel into our mar- nays 0, as follows: call has been waived. ket. The question is, Is it the sense of the If a country is violating the inter- [Rollcall Vote No. 154 Ex.] Senate that debate on the motion to national trading standards or business YEAS—96 proceed to Calendar No. 183, S. 1619, norms, under the WTO we have the Akaka Coburn Heller shall be brought to a close? ability to fight back. This legislation Alexander Cochran Hoeven The yeas and nays are mandatory Ayotte Collins Hutchison would elevate currency manipulation. Barrasso Conrad Inhofe under the rule. It is one thing to dump a product such Baucus Coons Isakson The clerk will call the roll. as steel or tires into the American Begich Corker Johanns The assistant bill clerk called the economy, creating an unfair advantage Bennet Cornyn Johnson (SD) Bingaman Crapo Johnson (WI) roll. for the Chinese manufacturing commu- Blumenthal DeMint Kerry Mr. DURBIN. I announce that the nity; we have tools to deal with that. Boozman Durbin Kirk Senator from Hawaii (Mr. INOUYE) and But we haven’t embraced pushing back Boxer Enzi Klobuchar the Senator from Connecticut (Mr. LIE- Brown (MA) Feinstein Kohl against currency. Burr Franken Kyl BERMAN) are necessarily absent. China should be a great place to do Cantwell Gillibrand Landrieu The PRESIDING OFFICER. Are there business, but it is not. It should be Cardin Graham Lautenberg any other Senators in the Chamber de- more balanced than it is. I want to do Carper Grassley Leahy siring to vote? Casey Hagan Lee business with China. I just don’t want Chambliss Harkin Levin The yeas and nays resulted—yeas 79, trade deficits of $273 billion that are ar- Coats Hatch Lugar nays 19, as follows:

VerDate Mar 15 2010 01:36 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.039 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6035 [Rollcall Vote No. 155 Leg.] nese decided to take a path toward de- supporters of the Sudan People’s Lib- YEAS—79 mocracy and toward justice. Like eration Army-North are being arbi- Akaka Franken Nelson (FL) many, I realized this path would be a trarily arrested on the basis of their Alexander Gillibrand Portman difficult one as conflict persists in perceived political affiliation and sub- Ayotte Graham Pryor Darfur and other areas around the bor- ject to extrajudicial killings. Refugees Barrasso Grassley Reed Baucus Hagan Reid der, such as Abyei, Blue Nile, and have described execution-style mur- Begich Harkin Risch Southern Kordofan. ders. International calls for the north- Bennet Hatch Roberts Unfortunately, recent reports of vio- ern government to cease its aerial Bingaman Hoeven Rockefeller Blumenthal Hutchison lence confirm the tenuous relationship bombings have been blatantly ignored. Sanders Boozman Isakson between north and south that exists in The U.N. Office for the Coordination of Schumer Boxer Johanns Sessions the wake of independence. Escalating Humanitarian Affairs, OCHA, reports Brown (MA) Johnson (SD) unrest points to the abandonment of Brown (OH) Kerry Shaheen that more than 100,000 people are Burr Klobuchar Shelby peaceful negotiations by the north and thought to be displaced by fighting in Cardin Kohl Snowe a return to military intimidation and Blue Nile alone. The U.N. estimates for Carper Landrieu Stabenow fighting. Tragically, civilians have South Kordofan top 200,000 displaced Casey Lautenberg Tester Chambliss Leahy Thune been caught in the crossfire. persons. Just last month, an article in Cochran Levin Udall (CO) According to a post from CNN in late the New York Times reported that a Collins Manchin Udall (NM) July, hospitals in the Nuba Mountains satellite imagery project monitoring Conrad McCain Vitter are overflowing with civilians who parts of Sudan had captured images of Coons McConnell Warner Cornyn Menendez Webb have been hurt in attacks by the north- mass graves. Crapo Merkley Whitehouse ern army. This is how the report de- We have always known South Sudan Durbin Mikulski Wicker scribes the scene: would face serious challenges this year Enzi Moran Wyden Feinstein Nelson (NE) In one hospital room a nurse tried to clean and in the coming years as a free inde- the blown apart face of a young boy. In an- pendent nation. What we cannot allow NAYS—19 other, a 12-year-old girl suffered from ad- is its democratic future to hang in the Blunt Inhofe Murkowski vanced tetanus after her arm was cut off by balance as old scores are reignited and Cantwell Johnson (WI) Murray shrapnel. Doctors said she had little chance innocent lives are lost. Let’s not forget Coats Kirk Paul of surviving. Coburn Kyl Rubio the horrors of the civil war that ensued Corker Lee Toomey This violence, affecting innocent for 22 years before President George W. DeMint Lugar children, is unacceptable. Attacks Heller McCaskill Bush engineered the comprehensive against civilians are among a number peace agreement in 2005. During that NOT VOTING—2 of violations that have been cited by civil war, more than 2 million died, Inouye Lieberman the United Nations against Sudanese more than 4 million were displaced, The PRESIDING OFFICER. On this President Omar al-Bashir’s govern- and 600,000 fled the country as refugees. vote, the yeas are 79, the nays are 19. ment, which denies the allegations and I urge my colleagues not to lose focus Three-fifths of the Senators duly cho- insists it is only fighting rebels loyal on the hundreds of thousands of people sen and sworn having voted in the af- to South Sudan. who have been unfairly hurt by this vi- firmative, the motion is agreed to. In a report this summer, the United olence. They have already endured far Mr. DURBIN. Mr. President, I sug- Nations suggests the attacks by Suda- too much suffering. I join the U.S. gest the absence of a quorum. nese Armed Forces in the border state State Department in its call for the The PRESIDING OFFICER. The of Southern Kordofan have amounted hostilities to stop and for responsible clerk will call the roll. to human rights violations and war dialog to resume. The longer the vio- The assistant bill clerk proceeded to crimes. Most of the violence there is lence continues, the harder it will be to call the roll. affecting the Nuba people, a mostly move forward toward lasting peace. Mr. WICKER. Mr. President, I ask Christian minority aligned with South I suggest the absence of a quorum. unanimous consent that the order for Sudan but left on the opposite side of The PRESIDING OFFICER. The the quorum call be rescinded. the border. Thousands have been forced The PRESIDING OFFICER. Without clerk will call the roll. to flee to caves for refuge in the Nuba The assistant bill clerk proceeded to objection, it is so ordered. Mountains. Even more worrisome is Mr. WICKER. Mr. President, I ask call the roll. that the violence is spreading. In May, unanimous consent to speak as in Ms. SNOWE. I ask unanimous con- morning business. the Sudanese Armed Forces invaded sent that the order for the quorum call The PRESIDING OFFICER. Without the disputed area of Abyei and dis- be rescinded. objection, it is so ordered. placed an estimated 100,000, among The PRESIDING OFFICER. Without them nearly 4,000 children. Just last CRISIS IN SUDAN objection, it is so ordered. Mr. WICKER. Mr. President, I rise month, the Sudanese Parliament au- Ms. SNOWE. Mr. President, I rise this evening to call attention to the thorized military action in nearby Blue today in strong support of the bipar- disturbing developments in Sudan and Nile. tisan legislation we will be considering the newly created nation of South We should not forget the legacy of this week regarding the Currency Ex- Sudan. I fear the ongoing violence President Bashir’s dictatorial regime change Rate Oversight Reform Act of there risks undermining the progress as these atrocities continue to mount. 2011. I am very pleased it received over- that has been made for lasting peace Mr. Bashir has already been indicted whelming support for us to proceed to after decades of civil war and blood- by the International Criminal Court consideration of this most critical leg- shed. for crimes against humanity and war islation. It has been indeed a historic year for crimes over the conflict in Darfur, and This day has been a long time in the the people of South Sudan. Almost 3 the United States continues to impose making, if you ask those of us who months ago, on July 9, South Sudan sanctions on the northern government. have been calling on our government, was formally recognized as a sovereign The full extent of the violence in the under the leadership of both Democrats nation, becoming Africa’s 54th state. border areas between Sudan and South and Republicans, to hold our foreign An overwhelming 98.8 percent of South Sudan is hard to determine because competitors accountable when they Sudanese voters chose independence U.N. agencies and humanitarian groups violate our trade laws. In that respect from the central government of Sudan have been denied access. But this is no I want to express my gratitude to my in the referendum held this January. excuse for ignoring the warning signs colleague from Ohio, Senator SHERROD For the millions of people whose life- of a dangerous predicament. All too BROWN, with whom I have partnered in times have known only war, the hope often, we recognize crises after far too repeatedly calling for a vote on this of a better future was finally on the ho- many lives have been lost. crucial legislation, as well as the Sen- rizon. What we do know about the current ator from New York, Senator SCHUMER, Like many, I was cautiously encour- situation is ominous. The African Cen- and the Senator from South Carolina, aged by the news that the South Suda- ter For Justice and Peace Studies says Senator GRAHAM, for also being with us

VerDate Mar 15 2010 01:39 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.016 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6036 CONGRESSIONAL RECORD — SENATE October 3, 2011 and working on this legislation to ad- falling precipitously through December 70th in terms of Microsoft revenue per dress all of the facets of this issue that 2010, with job losses of 26,900, a 4.4-per- personal computer. have been long overdue in consider- cent drop. Overall, employment num- If one of the largest and most inte- ation by the Congress. bers in my State have returned to 1999 grated companies in the world is being This day has been far too long in levels—1999 levels—erasing any eco- hamstrung by China’s piracy and bla- coming for the millions of American nomic gains of the previous 10 years. tant infringement of intellectual prop- workers who are out of work and whose U.S. manufacturing employees, in- erty rights, how can we expect smaller wages have been decimated as a result cluding thousands who live in small U.S. companies to stand a chance when of our inability to compete with un- towns throughout my State, are recog- it comes to entering the Chinese mar- fairly subsidized Chinese imports. nized as the most productive workers ket? On top of its failure to police in- Since Congress first began requiring in the world. These are the types of tellectual property rights infringe- the Treasury to analyze the exchange jobs that should be thriving in a global ment, unlike most other countries rate policies of foreign countries in economy, but they cannot if foreign where exchange rates are determined 1988, China has been cited as a currency producers, such as those in China, are by market forces, the Chinese Govern- manipulator five times, all occurring playing with a proverbial stacked deck. ment does not allow the renminbi to between 1992 and 1994. For this reason I rise today to urge fluctuate freely and instead pegs it Since then, despite China’s continued my colleagues to join us in supporting tightly to the U.S. dollar at a rate that and in many ways intensification of the Currency Exchange Rate Oversight makes it significantly undervalued vis- these practices, our government, under Reform Act, legislation that I have au- a-vis the dollar. both Democratic and Republican ad- thored with the Senator from Ohio to As a result, Chinese exports to the ministrations, has failed to cite China enforce the rules and address a para- United States are artificially made less even once for its policy of fixing its mount contributing factor in the deci- expensive, as we well know, and the currency to the dollar. This is also de- mation of our Nation’s once unparal- cost of U.S. exports to China and the spite Congress’s repeated efforts to leled manufacturing base—currency ex- rest of the world are made more expen- make currency manipulation a top pri- change rate manipulation. sive by a similar or equivalent amount. ority in our Nation’s trade agenda. For over a decade China has manipu- According to a new report featured In fact, in April 2005 I joined my Sen- lated its exchange rate by pegging the last week in the Wall Street Journal, ate colleagues in decisively supporting Chinese renminbi to the dollar. As a re- one significant consequence of China’s an amendment calling on China to re- sult, China’s currency is estimated to trade practices is that over the last form its currency practices. This ac- be undervalued by anywhere from 12 to two decades it has surged as an ex- tion is largely viewed as helping to 50 percent according to the Congres- porter at a ‘‘break-neck pace,’’ while prompt China to allow its currency to sional Research Service. In fact, de- the growth of U.S. spending on imports gradually appreciate between 2005 and spite the Chinese Government’s an- from China has climbed steadily. As in- 2008. In July 2007 I joined a majority of nouncement last year that it would dicated by this chart to my right, ac- colleagues on the Senate Finance Com- begin allowing its currency to gradu- cording to the report, imports from mittee in favor of reporting the Cur- ally appreciate, the Treasury Depart- China as a share of U.S. spending rency Exchange Rate Oversight Reform ment’s exchange rate report, released climbed from below 1 percent through- Act of 2007 by a vote of 20 to 1. That May 27, noted that ‘‘the real exchange out much of the 1990s, to over 5 percent was 4 years ago. We started 6 years ago, rate of the renminbi remains substan- today. There is no question that this and yet we still had not had any con- tially undervalued.’’ trajectory reflects it in this chart, see- crete, substantive action on this funda- Some of my colleagues will no doubt ing China as a total of U.S. spending, mental issue. None of these bills were argue that mill closings and layoffs in and what has occurred is a dramatic brought up for a vote by the full Sen- States such as Maine have little to do rise—without abatement, without any ate. with the value of the Chinese currency, intervention whatsoever—and we have From 2008 to mid–2010, China again and that legislation to hold countries seen a steady major rise in terms of the froze its exchange rate constant in an such as China accountable when they amount of imports and spending by effort to maintain its production edge intervene in currency markets will not Americans on Chinese imports. during the financial crisis. It was only create jobs or grow our economy. Due in large part to China’s currency last June that China showed signs that For that matter, proponents of Chi- manipulation and other trade-dis- it might allow the RMB to gradually na’s entry into the World Trade Orga- torting practices, manufacturers in appreciate. But according to the Con- nization 10 years ago also claimed that Maine and places like Maine have not gressional Research Service, it gained liberalizing trade with China would im- been able to compete against this surge only 6 or 7 percent on the dollar over prove our trade deficit. At the time of in artificially cheap Chinese imports. the last year. its entry into the WTO in December As Americans spend increasingly more Faced with these blatantly inequi- 2001, China agreed to provide greater on Chinese products, as illustrated in table trade distortions, I have wit- transparency when it comes to trade the chart, these imports displace goods nessed Maine’s manufacturers and policies, to enforce intellectual prop- made in the USA. their employees going to great lengths erty rights, and to end discriminatory Consequently, China’s currency to improve their competitiveness. Ac- and unpredictable rules impeding mar- undervaluation has contributed di- cording to the Manufacturers Associa- ket access for American products. rectly to our soaring trade deficit with tion of Maine, workers in our State In fact, as the agreement to allow China, which has ballooned from $83 have increased output per employee by China into the WTO was being nego- billion, when China joined the WTO in 6 percent over a period of 8 years—from tiated in 2000, President Clinton argued 2001, to $273 billion in 2010. Those num- 60,000 in 2001 to 89,000 in 2009. Yet the it would create, in his words, ‘‘a win- bers are worth repeating—when you dramatic job losses we have witnessed win result for both countries.’’ are speaking about $83 billion, which in the American manufacturing sector However, as President John Adams our trade deficit was in 2001, and now over the last decade tell a very dif- once said, ‘‘facts are stubborn things.’’ in 2010 it has skyrocketed to $273 bil- ferent story. Let’s examine some of the evidence. lion. According to recent reports, between For one, in January, I met with This ever-expanding, explosive trade 2001, when China joined the WTO and Microsoft CEO Steve Ballmer a few deficit, unprecedented, of course, in our 2010, 4.1 million manufacturing jobs hours before he attended a private history, which grew 20 percent between were lost in this country, and 1.9 mil- meeting at the White House. Mr. 2009 and 2010, destroys existing jobs, lion of those jobs or 47 percent can be Ballmer told me that in fiscal year 2010 prevents new job creation and, as directly linked to our growing trade over 30 million PCs were sold in China economists from the Economic Policy deficit with China. that ran illegal copies of Windows. Institute have indicated, increases the In Maine, this withering of our man- Rather telling, he noted that while global ‘‘race to the bottom,’’ in their ufacturing base has contributed to China is their second largest personal words, when it comes to middle-class wage and salary employment levels computer market in the world, it is wages.

VerDate Mar 15 2010 05:01 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.022 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6037 For example, the Economic Policy whether China’s currency practices ing a countervailing subsidy. It just re- Institute recently released a report constituted an illegal—and therefore quires Congress to determine on a case- noting that as plants have closed, countervailable—export subsidy. by-case basis whether currency under- workers displaced by trade from the Simply put, this failure to take ac- valuation is giving foreign companies manufacturing sector have had par- tion is unacceptable. In response, in an unfair competitive advantage over ticular difficulty in securing com- November of last year, the Senator their counterparts in our country. parable employment, and average from Ohio, Senator BROWN, and I sent a Since introducing our legislation in wages of those who found new jobs fell letter to the Senate’s leadership asking February, we have added 11 bipartisan by 11 to 13 percent. that a vote be scheduled on legislation Senate cosponsors, and the House com- As we see on the chart, reflected and directing the Commerce Department to panion to our legislation has over 200 demonstrated here, most graphically, investigate allegations that currency cosponsors. Furthermore, on Sep- the Economic Policy Institute report undervaluation provides a tember 23, I was proud to join as a lead discovered that since China’s entry countervailable subsidy at the expense original cosponsor of the bipartisan into the World Trade Organization in of American jobs. When the Senate legislation before us today, which com- 2001 and through 2010, when we saw failed to take action, Senator BROWN bines the key elements of our bill with that explosive growth of the trade def- and I filed the House-passed currency icit from $83 billion to $273 billion be- critical provisions of the legislation reform bill as an amendment to the tax authored by the Senator from New tween 2001 and 2010, the increase in the extender package in December of 2010. York, Senator SCHUMER, and the Sen- U.S.-China trade deficit eliminated or In January 2011, during Chinese ator from South Carolina, Senator displaced 2.8 million American jobs or President Hu’s visit to the United GRAHAM, that I also supported as an 310,000 jobs per year. States, we sent a letter to Secretary initiative when it came before the Sen- As we can see illustrated on the Geithner underscoring the need to en- ate Finance Committee in 2007. chart, virtually every State in America force trade remedy laws to provide U.S. has been affected by the trade deficits industries affected by China’s currency The merged bill utilizes U.S. trade with China, with displaced thousands practices with a lifeline to compete. law to counter the economic damage and thousands of jobs, and in less than And, finally, in response to our govern- and harm to U.S. manufacturers caused a decade 2.8 million American jobs. ment’s failure to investigate these un- by currency manipulation and it au- In my State of Maine this means the fair trade practices, on February 10 of thorizes new consequences for coun- trade deficit has displaced nearly 10,000 this year, Senator BROWN and I intro- tries that fail to adopt appropriate workers or nearly 2 percent of State duced our legislation, the Currency Re- policies to eliminate unfair currency employment. As the chart depicts, the form for Fair Trade Act. undervaluation. Most critically, it will pain of job losses is not unique to one Simply put, the Department of Com- also provide businesses that are dam- individual State or region of the coun- merce has failed to use its authority to aged by China’s trade practices with try. Workers in all 50 States, from Cali- respond to currency manipulation by the tools to respond on behalf of Amer- fornia to South Carolina, from Michi- investigating these allegations brought ican workers. It ensures our govern- gan to Texas, have been harmed and by U.S. industry and placing counter- ment will heed the requests of a wide unable to compete against artificially vailing duties on foreign imports bene- range of U.S. industries, such as paper cheap Chinese imports. fiting from these unfair trade prac- manufacturers in Maine, to investigate While these charts and reports may tices. The purpose of our bill is to whether currency undervaluation by a paint a picture of doom and gloom, make clear that Commerce has the government provides a subsidy, and there is recourse available to American ability to investigate—regardless of one in which we can initiate an action workers injured by unfair trade. Under whether the subsidy is provided to all by imposing countervailing duties. the U.S. countervailing duty law, tar- iffs can be imposed on imports bene- foreign businesses in a given country Finally, while some of my colleagues fiting from foreign government sub- or just to those that are exporting. have expressed concerns that chal- That is an important point, because sidies if it demonstrates that the sub- lenging China’s unfair trade practices if we wait to make that demonstration, sidies cause or threaten injury to a could lead that government to retali- they can continue to export their goods U.S. industry producing the same or ate against U.S. goods and jeopardize to the United States before we could similar product. our economic recovery, the fact is the But while numerous U.S. industries ever reach the point of being able to potential benefit of currency reform is have attempted to bring allegations of make that determination on imposing enormous when it comes to fighting currency manipulation as an export that countervailing subsidy or deter- unemployment and boosting the Amer- subsidy under our trade laws, in each mining which companies in China are ican economy, because as of today instance the Department of Commerce actually doing the exporting. So it is China essentially rigs the game to un- has refused to investigate. important to eliminate that distinc- dercut true market competition and For example, it is a little known fact tion, because that has been a barrier. undermine U.S. businesses. In fact, it certainly prevented the De- that the U.S. pulp and paper industry For example, a study released in employs 900,000 workers—roughly the partment of Commerce, in their words, from being able to impose any kind of June by the Economic Policy Institute equivalent number employed by the discovered that addressing Chinese cur- U.S. auto industry—making it an indis- subsidies or to investigate the case be- fore they could impose a counter- rency manipulation and enforcing fair pensable economic pillar in rural com- trade provisions when it comes to these munities in Maine and across the coun- vailing duty. So this way we eliminate the distinction, irrespective of whether violations would support the creation try. of more than 2 million U.S. jobs, in- Last year, several U.S. paper manu- a business is exporting within China crease the gross domestic product by as facturers with mills in Maine brought their goods. The point is, we don’t want much as $285 billion, and reduce the forward allegations that China was vio- to wait for the Department of Com- deficit by more than $70 billion a year. lating trade rules by illegally sub- merce to make that determination. sidizing their products in the U.S. mar- Those industries that do export—and Failing to act now is not an option. ket. Just over a year ago, in 2010, I tes- once they do export—have already done The International Monetary Fund re- tified before the International Trade the damage. So it is clearly important cently announced that China will sur- Commission and made the case—and to be able to have the Department of pass the United States economically in we were ultimately successful on these Commerce in a position of being able 2016—a mere 5 years from now. If this points—that foreign paper manufactur- at the outset to initiate this investiga- turns out to be true, it will be due in ers in China and Indonesia were ille- tion on those companies that actually large part to our current policies, gally selling their products in the export goods to the United States from which are fueling our decline and Chi- United States at unfairly subsidized China at an unfair price. na’s rise. We import more than we ex- and underpriced rates. Notably, our bill does not legisla- port, keep running huge trade deficits, Amazingly, however, the Commerce tively deem that a currency undervalu- consume more than we produce, and Department refused to investigate ation satisfies the requirement of find- outsource thousands of jobs.

VerDate Mar 15 2010 01:39 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.024 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6038 CONGRESSIONAL RECORD — SENATE October 3, 2011 If one manufacturer is compelled to It has been a problem, and it has this to its logical conclusion and send close because we failed to combat sub- been a persistent problem. Unfortu- it to the President for his signature. sidized imports, that is one less manu- nately, both sides of the aisle—whether The time has come, as I said, and it is facturer able to export and help grow it is Democratic or Republican admin- long overdue. We have failed the work- our economy. And frankly, if there was istrations, the presidency or here in ers and the industries of this country ever a moment to empower a workforce Congress—have failed to take a con- who are trying to compete and who can when it comes to competing in a global crete, concerted action that could have make goods. We are not going to for- economy, is there any doubt, given our made a profound difference long before sake our manufacturing sector, be- dire economic state, that time is now? this point. This could have been avert- cause we have the ability to make the From Maine to the Midwest, China’s ed. Time and again we haven’t been best goods with the most productive currency manipulation has been among able to have a Treasury Secretary des- workers in the world, and we should be the greatest impediments to our manu- ignate China as a currency manipu- able to continue to do that. The only facturing sector. Unfortunately, the si- lator that I think would have then way we can fulfill that obligation to lence of our government when it comes prompted much more significant ac- them is through this legislation. There to this issue has become the silence of tion on the part of any administration. is no other recourse at this moment in our factories. So that issue has been addressed in time. It is time to take action to rebuild this legislation—to change the thresh- I yield the floor, Mr. President. our economic foundations, and this leg- old, to redesign and to target the legis- The PRESIDING OFFICER (Mr. islation will ensure our government lation more precisely so that it will MERKLEY). The Senator from Ohio. has the tools to respond on behalf of give the tools to the administration, Mr. BROWN of Ohio. Mr. President, I, American companies and workers by and specifically to the Treasury Sec- first of all, thank Senator SNOWE for imposing countervailing duties on ex- retary, to be able to designate China as her leadership on this currency legisla- ports subsidized by currency manipula- a currency manipulator, which then tion. Its time has come, as she has said. She has been a real leader on this tion undervaluation. kicks in certain safeguards and ac- for months—years, for that matter. I so It is absolutely vital we take this ac- tions. tion this year—right now—because, as The same is true for the Department appreciate her work on this problem. Pure and simple, this is the most im- I indicated at the beginning of my re- of Commerce, that they will be able to portant bipartisan jobs bill the Senate marks, if you look at the historical initiate at the outset an investigation will pass in my 41⁄2 years since I have picture of the consideration of this leg- to determine whether devaluing the been a Member of the Senate. Senator islation, it is clear it has been under- currency on the part of China has con- SNOWE has been here a good bit longer estimated, it has been overlooked in tributed to unfair trading practices and has been a member of the Finance terms of the value it brings to our and, obviously, adversely affecting our country, to the value it brings to the Committee that understands these goods and workers and companies here issues of how China has gamed the sys- manufacturing segment of our econ- in the United States. It is important to tem. Senator SNOWE and I were joined omy, and to the value it brings to our give the tools to our agencies to make in our legislation, combining it with workers. I am deeply concerned, be- sure they can fulfill their obligations. Senator SCHUMER and Senator GRAHAM cause it also seems as if it is an either/ I know there are times in which they in their legislation, also Senator STA- or proposition when we talk about have not done so, even when they have BENOW, a Democrat from Michigan; trade-related issues—either we do had the tools, and they have been em- Senator SESSIONS, a Republican from nothing or we will invite a trade war. powered to use those tools, much to Alabama; both Senators from North We have to look at the trade prac- the detriment of our industries—much Carolina, Senator BURR, a Republican tices of our trading partners and the to the detriment of these jobs and and Senator HAGAN, a Democrat; joined laws which they are required to up- these manufacturing companies all by Senator CASEY and the other Maine hold—in this case, for China, through across America—that have either Senator, Senator CASEY from Pennsyl- the World Trade Organization. They closed their doors or they have sharply vania, a Democrat, and the other made a commitment at the onset when curtailed their businesses or their level Maine Senator, a Republican, Senator they joined that organization, and they of employment. COLLINS. And that just shows the bipar- have refused to uphold it when it I know that firsthand from my State. tisan support. comes to leveling the playing field and It has brought tremendous con- We had this vote today. On S. 1619, creating the equilibrium—to let the sequences to rural Maine and to rural the cloture vote was 79–19, which is a currency flow as required and stipu- America as a result, because that is strong message to the House and to our lated under that agreement when they what has been the basis of our econ- colleagues that this legislation as we became a member of that organization. omy. The manufacturing segment of debate this week is so important. It is They have failed time and again to our industry has been so critical to deserving of basically a week of the monitor these agreements and to mon- good-paying jobs, and that ultimately Senate’s time to discuss and debate itor the actions of their own companies has been damaged and harmed as a re- what China trade is all about. with respect to this practice, and it has sult of this currency manipulation We know what China trade is all decimated many industries across this issue that has been persistent on the about. We know, as Senator SNOWE country. part of the Chinese, and one that we said, the trade deficit with China has As I indicated with this chart, vir- now have to address through this legis- ballooned in the 10 years since China tually every State in America has been lation. has been part of the World Trade Orga- damaged as a result of the loss of jobs I appreciate this opportunity to ad- nization. Think of it this way. Every because we have failed to uphold the dress the Senate on this critical issue. day we buy $750 million more from standards of fair trade. So it isn’t As we go forward in the days ahead in China than we sell to China—every sin- about encouraging a trade war. Far debating this legislation, I look for- gle day—Sunday, Monday, Tuesday, from it. I think it creates not only a ward to working with my colleagues— Wednesday, Thursday, Friday, Satur- level playing field, but it creates an eq- the Senator from Ohio, who has done day—every day of every week every uitable circumstance for our trading yeoman’s work on this issue and has year. So for the past year, $750 million partners. And it is important for those brought this issue to the highest levels we buy from China more than we sell countries, such as China, to be pre- in terms of its attention and impor- to China. You just can’t keep doing pared to live up to the agreements to tance to this country, most assuredly. that. You can’t keep doing that and which they have subscribed through I am looking forward to working with hold the industrial base that the people the World Trade Organization. They him and our other colleagues to make of Oregon, the people of Maine, the peo- are required to live by their agreement, sure we can fulfill our commitment to ple from Ohio care about. and that means they have to establish passing this legislation. Look at it this way. I don’t want to the standards where they cannot ma- It is not only about debating it, it is inundate my colleagues with figures nipulate their currency, as they have not just voting on it, it is about its be- and numbers and dollars and job num- been doing for more than two decades. coming law. I think we should bring bers and all that, but President Bush I

VerDate Mar 15 2010 01:39 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.045 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6039 said $1 billion in trade surplus or trade And one of the ways they cheat is they international trade; that we do think deficit translates into 13,000 jobs. He undervalue their currency so they have all actors should behave. We do think said that 15 years ago. No President a 25-percent discount on their products that everybody in the trading system has quantified that since. But think sold into the United States. We can’t should work on a level playing field. about that. Thousands of jobs for every compete with that, no matter that our Today was the biggest step I have $1 billion in trade deficit or surplus. workers are efficient, no matter that seen the U.S. Senate take since I came Well, with China alone, we have three- our companies are efficient, no matter here in 2007. We are going to have a quarters of $1 billion every single day. that we cut costs in so many ways with long debate this week. Everybody is Our trade deficit with the whole world the more advanced technologies and going to get their chance. Some Mem- is $600 billion, more than that. advanced manufacturing that we do. bers of the Senate who wanted us to de- So we buy $600 billion more than we So that is why this was such an im- bate this are still not quite sure ex- sell to the world every year. How can a portant step, passing overwhelmingly actly where we go with this. I think it country, no matter how wealthy—and and sending to the floor for debate is pretty clear, though, that the U.S. this is a rich country still, even though today—79–19—this bipartisan jobs bill Senate today reflects what the people millions of people have been unem- called the Currency Exchange Rate of this great country believe: That we ployed, have lost manufacturing jobs in Oversight and Reform Act of 2011. make things. my State and other States across the Earlier today I was in Cleveland and My State is the third largest manu- country. How can we continue as a I had a meeting with two owners of a facturing State in America. Only Texas prosperous nation if manufacturing is company in Brunswick, OH, more or and California, States that are twice outsourced and these jobs go some- less a Cleveland suburb, Automation and three times our size in population, where else? Tool & Dye. It is a family company make more than we do. We know how I don’t believe ever that I can think that has been in operation since 1974. to produce. We need to continue to of in world history—and I have said The owners, the two sons, Randy and produce. We know that manufacturing this before and nobody has challenged Bill Bennett, spoke today about their creates wealth. it—have we seen a business plan of company. They have, I believe they This is a huge victory—only a first American companies moving to China, said, 55 employees who are a major step but a huge first step and a victory manufacturing there, and then selling part of American manufacturing. They for American manufacturing to help us back to the United States. A company are the kind of company that when it reindustrialize our country. such as Proctor & Gamble, on the other is such a disadvantage on currency, it I thank my colleagues for this 79–19 hand, they moved production to China, puts them in a less than competitive vote. I thank Senator SNOWE especially but they sell from their Chinese oper- position sometimes. They are still for her terrific work on both sides of ations to China, East Asia, probably doing OK, but they know how hard the the aisle in getting this bill moving Taiwan and maybe Japan and Malay- business climate is when they are at forward. It is going to matter for work- sia. They have their production in the that disadvantage. ers in Toledo, Dayton, Cleveland, and areas they sell to. That makes perfect So when they are making products, Columbus. And for that, I am grateful. sense. That is good for those countries, because China has gamed the system Mr. President, I yield the floor and good for those workers, good for the and an American company might move suggest the absence of a quorum. United States, and good for Cincinnati to China to do production, they can’t The PRESIDING OFFICER. The where Proctor & Gamble is located. up and move their family company of clerk will call the roll. But these companies that have it as 55 employees—they can’t move to The assistant legislative clerk pro- their business plan to shut down pro- China to service the company that has ceeded to call the roll. duction here, move to China, and then moved to China because of the com- Mr. BROWN of Ohio. Mr. President, I sell those products that they make in petitive disadvantage. ask unanimous consent that the order Shanghai and Wuhan and Beijing in- So we know how that has worked. We for the quorum call be rescinded. stead of in Akron, Canton, and To- know why this legislation that Senator The PRESIDING OFFICER. Without ledo—sell those products back to con- SNOWE has worked on, the two bills we objection, it is so ordered. sumers in Oregon, Ohio, and Maine— put together, Senator SNOWE and my f that is why this legislation is so impor- bill with Senators SCHUMER and GRA- tant. HAM. As I said, we have had good strong MORNING BUSINESS A new study said we have lost 2.8 bipartisan sponsorship on this bipar- Mr. BROWN of Ohio. Mr. President, I million jobs in the last decade to China tisan jobs bill and we have also had a ask unanimous consent that the Sen- because of currency manipulation; 1.9 very good vote today that was 79–19 to ate proceed to a period of morning million of those jobs are in manufac- move this forward. business, with Senators permitted to turing. You know what has happened in The Economic Policy Institute issued speak for up to 10 minutes each. places such as Portland, and the Sen- a new report showing that addressing The PRESIDING OFFICER. Without ator from Maine knows what has hap- Chinese currency manipulation could objection, it is so ordered. pened in her Portland, and what that support the creation of 2.25 million f has meant to lost jobs in this country. American jobs, mostly in manufac- And understanding the reason that turing, mostly the kind of jobs that BURMA SANCTIONS happens is because China games the will create other jobs because of the Mr. MCCONNELL. Mr. President, I system, because China doesn’t play wealth that Senator SNOWE talked rise to note final passage last week of fair—pure and simple, say it straight, about, the wealth that manufacturing the Burmese Freedom and Democracy because China cheats. They have been creates. And as Senator SNOWE pointed Act, which extends sanctions on the given, for all intents and purposes, a 25 out, when the opponents to this—and Burmese regime for another year. As in or 30 percent subsidy to their products. too often we have seen administrations years past, I am joined in this effort by So because they cheat on currency— of both parties oppose bills such as my good friend, Senator DIANNE FEIN- putting aside how they subsidize their this. When opponents say this is pro- STEIN. Alongside the two of us are 64 paper industry, for instance, with tectionism, I don’t know what is wrong other cosponsors, including Senators water and capital and energy and land. with protecting our families and pro- MCCAIN, DURBIN, and LIEBERMAN. This Just on currency alone, when they sell tecting our neighbors and protecting overwhelming bipartisan support for something into the United States, they our country. But ceding that, they say sanctioning the junta reflects the clear have a 25 to 30 percent cost advantage. this is protectionism. This, in fact, is a view of the U.S. Senate that the pur- I know companies in places around my reaction to Chinese protectionism. And portedly ‘‘new’’ Burmese regime that State, in Mansfield, Springfield, Zanes- the People’s Republic of China has not took office earlier this year so far ap- ville, Chilicothe, will say that the cost really believed in the rule of law when pears little different from the ‘‘old’’ re- of raw materials is higher than the it comes to trade. There is an emphatic gime. cost of the product when it comes from strong insistence by the U.S. Senate The casual observer could be excused China. Why? Because China cheats. that we do believe in the rule of law for for thinking that things have changed

VerDate Mar 15 2010 05:01 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.047 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6040 CONGRESSIONAL RECORD — SENATE October 3, 2011 dramatically for the better in Burma ship with North Korea, in particular, is CUBA over the past year. After all, elections a source of much concern. Mr. RUBIO. Mr. President, I ask were held last fall, a ‘‘new’’ regime I am hopeful that the time will soon unanimous consent to have printed in took office earlier this year, and Aung come when sanctions against the Bur- the RECORD an article highlighting the San Suu Kyi was freed. However, as our mese government will no longer be Castro regime’s continued abuse of the experience with Burma has taught us, needed; that like South Africa in the Cuban people as they organize efforts things there usually require a closer early 1990s, the people of Burma will be to create a freer Cuba. The people look. able to free themselves from their own being held unjustly and abused in First, the November elections took government. However, as evidenced in Cuban prisons—as well as those being place without the benefit of inter- the Deputy Chief of Mission’s letter, intimidated and repressed outside of national election monitors, and no rep- the Burmese junta appears to maintain prison—need the continued support of utable observers viewed the elections an iron grip on its people, and con- America. as free or fair. This was in large part tinues to carry out a foreign policy There being no objection, the mate- because the National League for De- that is inimical to U.S. interests. The rial was ordered to be printed in the mocracy—Suu Kyi’s party and the win- United States must continue to deny RECORD, as follows: ner overwhelmingly of the last free this regime the legitimacy it craves by [From the Wall Street Journal, Oct. 3, 2011] elections in the country in 1990—was continuing sanctions, and these sanc- AMERICA’S: CUBA’S REPRESSION ESCALATES effectively banned by the junta and tions must remain in place until true (By Mary Anastasia O’Grady) couldn’t participate in the election. democratic reform comes to the people There were restrictions placed on how of Burma. Former New Mexico Gov. Bill Richardson other political parties could form and returned home from an attempted hostage- rescue mission to Cuba last month empty- campaign. No criticism of the junta f was permitted. And the results were handed and ‘‘still scratching [his] head’’ as to why the Castro regime double-crossed unsurprising: the regime’s handpicked HUNGER ACTION MONTH him. What is truly baffling is why Mr. Rich- candidates won big and the democratic ardson expected anything different from a opposition was largely sidelined. Mr. WARNER. Mr. President, this dictatorship operating in extreme-repression Second, the ‘‘new’’ regime appears to past month we recognized Hunger Ac- mode. be essentially the junta with only the tion Month, a time for all Americans In a Sept. 14 interview with CNN’s Wolf thinnest democratic veneer. The Con- to focus on the problem of hunger in Blitzer, Mr. Richardson said he had been in- stitution, which places great power in our communities. As we begin the vited to the island to discuss the release of the hands of the military, cannot be U.S. Agency for International Development month of October, we must remember contractor Alan Gross. Mr. Gross was ar- amended without the blessing of the that this is a year-round reality for rested in December 2009 and is serving a 15- armed forces. Furthermore, those in many individuals and families around year sentence. parliament are limited in how they can the country and that our efforts to Mr. Richardson admitted that he got criticize the regime. eradicate this problem must continue. stiffed by Cuba’s ‘‘foreign ministry, which a The only legitimately good news was Our Nation continues to face both a lot of the people there I know and have been friends’’ with. What he could not grasp is Suu Kyi’s release. Yet the extent of her 9.1-percent unemployment rate, as well freedom to travel remains an open why those ‘‘friends’’—a strange designation as a 15.1-percent poverty rate. Every- for individuals who might one day be hauled question. Moreover, despite her release, one has been touched in some way by nearly 2,000 other political prisoners before an international human-rights tri- this challenging economy. Many of our bunal—don’t appreciate the Obama adminis- remain behind bars in Burma; they are friends, neighbors and family members tration’s outreach. Yes, they are no better off than before. Neither are still might be struggling in ways that ‘‘hardliners,’’ he admitted, but they ought to the hundreds of thousands of refugees they never imagined with less money understand that the White House has been and displaced persons who are without to spend and tough choices to make. bending over backward to get along. a home due to the repressive policies of Actually they do understand, and that’s Thankfully, there have been a number why they treated him so badly. the junta. of community assistance organizations That the political situation in Burma Mr. Richardson told Mr. Blitzer that he that have been able to step up and help remains largely unchanged is also re- was ‘‘flabbergasted’’ when, after a ‘‘delight- out. flected in the defection this summer of ful’’ three-hour lunch discussing how U.S.- Cuba relations might be improved—includ- two Burmese diplomats. One of them Many of these are local food banks and soup kitchens that are challenged ing, he told me by phone Friday, the possi- was the Burmese Deputy Chief of Mis- bility of removing the country from the list sion here in Washington. He wrote a to find resourceful ways to do more of state sponsors of terrorism after the re- letter to the Secretary of State re- with less in order to provide services to lease of Mr. Gross—the foreign minister questing political asylum and, accord- those in need in their communities. ‘‘slammed me three ways: one, no seeing ing to press reports, in the letter, he One such organization that is still Alan Gross; no getting him out; and no see- stated as follows: making a significant difference is the ing Raul Castro.’’ What happened was very predictable. The My efforts to improve bilateral ties have Arlington Food Assistance Center, ‘‘loosened travel restrictions’’ and increased been continually rejected and resulted in my AFAC. For over 20 years the AFAC has ‘‘remittances [from] Cuban-Americans’’ that being deemed dangerous by the government. partnered with local churches, schools Mr. Richardson cited as signs of Mr. Obama’s Because of this, I am also convinced and live and social service agencies to assist willingness to deal are read as weakness by in fear that I will be prosecuted for my ac- over 1,200 families weekly with their the bullying regime. It has something, i.e., tions, efforts, and beliefs when I return to basic food needs. Last year the AFAC somebody, the U.S. wants back very badly, Naypyidaw after completing my tour of duty was able to distribute over 2.3 million and the administration acts as if it is power- here. The truth is that senior military offi- pounds of food directly to Arlington less. Why should Castro deal? cials are consolidating their grip on power Mr. Richardson did even less for Cuba’s dis- and seeking to stamp out the voices of those community residents. Community sup- sidents. One Richardson pearl of wisdom, seeking democracy, human rights, and indi- port of AFAC and thousands of organi- shared on CNN, was that Cuba’s ‘‘human- vidual liberties. zations like it across the country is in- rights situation has improved.’’ In fact, These words do not come from a tegral to their ability to provide the human rights in Cuba are rapidly deterio- Western government or an NGO; they necessary services to those most in rating. To claim otherwise is to abandon the come from a senior Burmese diplomat. need. We must continue to give our island’s brave democrats when they most His words make clear that the demo- support. need international solidarity. cratic trappings of the ‘‘new’’ regime I hope my colleagues will join me in Ask Sonia Garro, pictured in the nearby are in many ways just a fac¸ade. recognizing the Arlington Food Assist- photo (See accompanying photo—WSJ Octo- Finally, it is worth noting that there ance Center and the many other orga- ber 3, 2011) . . . For years Ms. Garro has de- nounced the regime’s discrimination against remain important security consider- nizations like it, as well as the impor- Afro-Cubans. Despite her own poverty, in ations that must be addressed before tance of our commitment to addressing 2007 she created a recreation center in her ending sanctions. The junta’s increas- the problem of hunger across the Na- home for poor, unsupervised children, ac- ingly close bilateral military relation- tion. cording to a report by an independent Cuban

VerDate Mar 15 2010 01:39 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.003 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6041 journalist. One of her goals: to get young Working for VISTA is what brought Colonel Watkins’ experiences in girls out of prostitution. Ms. Garro is also a Mary Ellen to Montana where she met those tours were a benefit when he as- member of Ladies in Support, a group that and married her husband Ray of 34 sumed the directorship of the Air pledges solidarity to the Ladies in White, years. A few years later they moved to which was founded by the wives, sisters and Force’s Congressional Budget and Ap- mothers of political prisoners in 2003 to work Kalispell where she worked for the propriations Liaison Office. In that for their liberation. school system and the mentally dis- role, Colonel Watkins directed all Air In October 2010, Ms. Garro was detained by abled children of Flathead Valley be- Force appropriations liaison work on state security and held for seven hours. She fore her work in the U.S Senate. Mary the Hill, including arranging key en- emerged from the ordeal with a broken nose. Ellen’s compassion to others resonates gagements for Air Force senior leaders Another woman taken into custody with Ms. in her dedication to her family, com- with Members of Congress and helping Garro had her arm broken. munity and the constituents of Mon- The nongovernmental organization Capitol to prepare their testimony during Ap- Hill Cubans has reported that in the first 12 tana. Mary Ellen has helped thousands propriations Committee hearings. In days of September, authorities detained 168 of Montanans work their way through each of those engagements, Colonel peaceful activists. These ‘‘express deten- Social Security, Medicare, and other Watkins served as the Air Force point tions’’ are designed to break up dissident issues throughout the years. Her calm, man for working with the Congress on gatherings, which risk spreading noncon- nurturing character and commitment all budgetary and appropriations formist behavior. Locking up offenders for to helping others have benefitted thou- issues. His office also supports congres- long periods would be preferable, but the re- sands of Montanans throughout her 18 gime wants people like Mr. Richardson to go sional delegation trips and Colonel years of service. Watkins accompanied me on an impor- around saying that human rights have im- A few years ago when Mary Ellen’s tant trip to Russia. proved. The regime is also making greater two sons were graduating from college, use of civilian-clothed ‘‘rapid response’’ bri- I have been impressed with many of I told her that graduations and wed- gades that are trained, armed and organized the staff that Colonel Watkins led dur- dings were important events and need- to beat up democracy advocates. ing his tenure as Director of the Air Mr. Richardson told me he considers ed to be celebrated. The same is true of Force Congressional Budget and Appro- Cuba’s record improved because 52 political retirements. Mary Ellen will be enjoy- priations Liaison Office, which I find to prisoners were sent to Spain in 2010. Yet exil- ing her hours with her family, includ- be the mark of an outstanding leader ing promising opposition leadership hardly ing her son Matthew in Kalispell, son qualifies as a humanitarian gesture. Nor are and manager. I am sure that my col- George and daughter-in-law Monica in gruesome Cuban prisons anything to ignore. leagues join me in expressing our ap- Last month in a speech in New York, one DC, her 90-year-old father, Leo Hol- land, and visiting her first grandchild preciation to Colonel Watkins for his former prisoner, Fidel Suarez Cruz, described service to the Air Force and to the his seven years and seven months of solitary Dominic who was born on Mary Ellen’s confinement, including two years and eight birthday January 24 of this year. Mary Congress. On the occasion of his reas- months in a cell with no windows, ventila- Ellen, congratulations, good luck, and signment to command the Mission Sup- tion or artificial light. One favorite pastime enjoy your retirement. Thank you for port Group at Little Rock Air Force of his torturers: Four military men would your many years of service in my of- Base in Arkansas, I wish Colonel Wat- pick him up and then drop him on the floor. fice, the U.S. Senate, the community of kins, his wife Kelly, and his children His testimony, posted on Capitol Hill Cubans all the very best in the years to come. website, is required viewing for anyone who Kalispell, and countless Montanans for doubts the evil nature of this regime. your tireless work to help others. We f Nevertheless, Cuba’s dissidents remain re- are sure going to miss you, your tal- TRIBUTE TO HOWARD FRANK lentless, and there are signs that the regime ents, and your warm and accommo- MOSHER is giving up on the express-detention strat- dating personality. egy. Fearless democracy advocate Sara Mary Ellen is proud of her Irish her- Mr. LEAHY. Mr. President, one of Marta Fonseca and her husband Julio Leon itage so I would like to end with this the great treasures of Vermont is How- Perez have been in jail since Sept. 24. Ms. Irish Retirement Blessing: ard Frank Mosher. Mr. Mosher is a Fonseca’s son has seen her and says she is writer who knows and understands May you always have work black and blue all over and has an injury to Vermont, and in books like ‘‘Where her spinal column. Word is the regime is pre- for your hands to do. paring to charge the couple; 11 other dis- May your pockets hold The Rivers Flow North,’’ he makes any sidents are awaiting trial. Meanwhile, Yris always a coin or two. Vermonter know they are home. Perez Aguilera, the wife of the prominent May the sun shine bright A recent article in The Burlington dissident Jorge Luis Garcia Perez on your windowpane. Free Press by Sally Pollak speaks to ‘‘Antunez,’’ and two peers were detained on May the rainbow be certain the man he is, and I would like to take Sept. 26. Their whereabouts are unknown. to follow each rain. this opportunity to share this with the Any hope of protecting these patriots lies May the hand of a friend Senate. in international condemnation. Mr. Richard- always be near you. son could help by returning to CNN to cor- And may God fill your heart Mr. President, I ask unanimous con- rect the record. with gladness to cheer you. sent to have printed in the RECORD, the article to which I referred. f f There being no objection, the mate- TRIBUTE TO MARY ELLEN NELSON TRIBUTE TO COLONEL TRACEY L. rial was ordered to be printed in the Mr. BAUCUS. Mr. President, 18 years WATKINS, USAF RECORD, as follows: ago, Mary Ellen Nelson started in my Mr. LEAHY. Mr. President, I wish to [From the Burlington Free Press] Kalispell office. In that time, Mary recognize the service of COL Tracey L. ALL ROADS LEAD TO KINGDOM COUNTY Ellen earned the respect and admira- Watkins of the U.S. Air Force on the tion of her colleagues both in my of- occasion of his reassignment from the (By Sally Pollak) fices across the State, in Washington, Air Force Congressional Budget and (Vermont author Howard Frank Mosher DC and with the Finance Committee. Appropriations Liaison Office and to has lived in the Northeast Kingdom since Staff always enjoyed getting the 1964 and the region is character-like in his say hail and farewell. books. Free Press Staff Writer Sally Pollak chance to talk with Mary Ellen and Colonel Watkins graduated from the and Free Press photographer Glenn Russell hear her words of wisdom. I have treas- Citadel in 1991 and since then has spent a day traveling the roads in the north ured her caring nature and thoughtful served in a variety of comptroller as- country with Mosher, listening to his stories advice and am grateful for all her hard signments across the Air Force. He has and discovering his sense of place.) work over the years. It is important to held leadership positions at all field IRASBURG—The tan Nissan rolling down the note: my staff members don’t just work and staff levels, including assignments dirt road in Brownington came to a slow for me—they work for all Montanans. in personnel, logistics, and operational stop, and the man behind the wheel surveyed Mary Ellen has served the young, the planning. Colonel Watkins’ time in the the shallows and grooves of mud in front of old, the successful, the downtrodden, him. The place he wanted to go was on the Air Force has included three joint far side of the mud pit, and up a small hill and Montanans of all political stripes. tours: on the Joint Staff, as part of that curved out of sight. It has been an honor to have her on Combined Joint Task Force 76 in Uz- Two men with trucks were on the other staff and to work together for the bekistan, and in the Multi National side of the mud ravine. The Nissan driver left State we cherish. Corps in Iraq. his car to approach the men. I was in the

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.027 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6042 CONGRESSIONAL RECORD — SENATE October 3, 2011 back seat of the Nissan. Glenn Russell, a The kid thing involved a surprise and re- give him a kick, persuaded Mosher he had Free Press photographer, had the front seat. curring attack of carsickness: no fun! On the found his living and writing place. (‘‘Imagine Through the window, we watched the three upside, it meant that as a passenger of if Faulkner got here first,’’ he said.) locals talk mud, and discussed if we’d try to Mosher’s, even a newcomer from Burlington, WISE PEOPLE OF THE KINGDOM forge the muddy road if we were driving. No I was given a free pass to the Kingdom, em- Mosher found, in the woods and village, way, I said. braced by the old timers on Moore Lane. not just stories, but wisdom and guidance Glenn said he might if he were Howard Like a kid who (still) believes in the and important friendship—in particular from Frank Mosher, our tour guide that day. grownups up front, I saw the world through two people. As a pair, the two are as improb- Mosher knows the people and trucks around the eyes and observations of the driver— able as Mosher’s talking turtle or spire- here; he can always get a tow. which thankfully transcended my own hazy climbing tomboy. Mosher, meanwhile, had made another ar- vision. As we pulled out of the driveway of James Hayford, who died in 1993 at age 79, rangement. his Irasburg home, not far from the town was a Montpelier-born poet who settled in If he couldn’t get to the other side of the green, Mosher enticed us. First stop, he said, Orleans, where he had a teaching career. mud, where Margery Moore, 91, his longtime was a place he’d had an ‘‘epiphany.’’ Hayford studied poetry with Robert Frost at friend lives, then Moore would come to him. What and where it was, we’d find out when Amherst College, and captured the life of his One of the men Mosher had been talking to we arrived at the scene: Orleans’ sleepy main village in verse. was her son, Michael; he’d pick up his moth- street. This is going to be a fun trip, I The memory of meeting Hayford, at a er in his truck and drive her through the thought. Anyone who can have an epiphany teachers’ party in Orleans, is as vivid as the mud to Mosher. in downtown Orleans, is the right person to day his kids were born, Mosher said. While we waited for Moore to arrive, ride with. Hayford, a scholar of Vermont, assured Mosher, 68, told us stories. Delightful and en- The street was deserted the day Mosher steered his grandfather’s Super 88 Olds- Mosher he would find his voice as a novelist. gaging tales—warm and humorous, with a Frost had assured Hayford he would find mobile into town. He and Phillis, farm kids north country bite. The kind of stories you his poet’s voice, Mosher said. from upstate New York barely in their 20s, might read in his Kingdom County novels. From Moore, a close friend, he heard real were in Orleans to interview for teaching And now here we were, deep in the North- life stories of traveling in a boxcar with a jobs. east Kingdom on Moore Lane in menagerie of animals, of cooking in a lumber Brownington, waiting to meet a woman of The Kingdom quiet was busted that day by two rough-looking drunks in fisticuffs, fight- camp and waitressing in a dance hall. He Mohawk ancestry, whom Mosher got to heard a different voice assure him he’d find know 47 years ago, his first year in the King- ing their way down the otherwise empty street. Mosher rolled down his window to his way. dom. After her first marriage fell apart, Moore speak a sentence that revealed the budding She showed up in a big blue rig to say allowed herself to cry only after her sow’s wordsmith within: ‘‘Could one of you gentle- hello. Her son lifted her from his truck and 13th—and final—piglet was born. men please tell me how to get to the high helped her into a wheelchair. Moore greeted ‘‘Margie, my girl,’’ she said to herself. Mosher with a hug. school?’’ We’ll do you one better, promised the ‘‘What have you done with your life?’’ He gave her a copy of his most recent ‘‘And she told me that right when I was brawlers. We’ll take you there. With a wel- novel, ‘‘Walking to Gatlinburg.’’ After some trying to figure out what to do with mine,’’ come from Mosher, they climbed into the talking, we headed back to the Nissan. Mosher said. backseat of the Oldsmobile and directed the Michael Moore called to us as we walked to In their ways, characterized by a fierce the car: ‘‘Don’t let Howard lead you astray teaching recruits to the school. ‘‘I was beginning to get the idea we had independence of mind, Hayford and Moore out here!’’ are among the great people he has known, To read Mosher is to be led, if not astray, come to a special place,’’ Mosher said. Just how special, was soon to be revealed: After geniuses to some degree, Mosher said. then away—to a place that is, at once, in- ‘‘They could’ve gone anywhere, done any- the gentlemen disembarked from Mosher’s vented and familiar, enchanted and real, thing and been anything including president car, Phillis turned around to peek at the made-up and true. of the United States,’’ Mosher said. two. She saw they had started punching each The truth can be found in Mosher’s evo- ‘‘What they wanted to do was live in the other again, and suggested Mosher take a cation of the place he calls Kingdom County, Northeast Kingdom.’’ look. a rugged, rural border landscape where peo- Mosher spoke wise words of his own that ‘‘Well, honey,’’ she said. ‘‘Welcome to the ple scratch out hardscrabble livings, go with- day from the front seat. After asking if we’d Christly Kingdom.’’ out spring, learn to read the woods and riv- like to stop for lunch at McDonald’s—holy ers, build strong allegiances and cast a wary RECITING FROST AT A COVERED BRIDGE moley! McDonald’s in the land of the eye on newcomers. Mosher’s county and the Kingdomy words like Christly—if there’s localvores and I’m carsick!—Mosher said characters who inhabit it are informed by another word like Christly—were flowing something I’ve passed on to my daughter. and created from the landscape and people from the front seat, sprinkling my way that He told Glenn and me he’s never known a around him: He uses for his material a place day. person who pursued an interest in the arts that is distinct and fascinating, yet one Gool, Glenn said. What is that word? and regretted it. that’s been changing—maybe merging with It’s a dam, Mosher said. But he could think of many people who outer and other regions—even as Mosher put At least he thinks it is, and that’s how he turned away from artistic interests and tal- pen to paper: making it last. uses it. He picked it up from the locals many ents, and did. years ago; people talk about taking a walk In Mosher’s 1999 novel, ‘‘The Fall of the GO BACK WHILE YOU CAN Year,’’ the book’s central figure, Father to the gool after supper. George Lecoeur, is writing ‘‘A Short History What about carcajou? Glenn asked. Teachers’ pay wasn’t so great in Orleans of Kingdom Common.’’ Mosher, too, is the ‘‘Wolverine,’’ Mosher replied. back in 1964, Mosher discovered not long author of a history of the Kingdom—his his- We talked about poems and poets and nov- after the drunk brawlers guided him to the tory is contained in the thousands of pages els and writing that day in the car—and out- school. By then, however, he’d had his first that make up his 11 books. side it, too. Kingdom epiphany—and that was clearly The words Mosher uses to describe ‘‘A At a covered bridge in Coventry, which worth something. Still, the working plan was to teach a few Short History,’’ can be applied to his own Mosher noted with appreciation was set afire years, save money and go to graduate school. work. They are narrated by Frank Bennett, after it received historic designation, we Was it possible on a salary of $4,100, and less Father George’s adopted son, as Frank set- talked about Kingdom colors and seasons, than that for Phillis? Sensing hesitation tles down to read the history: ‘‘I could hear poised for change. The novelist recited a from the teaching recruits from upstate New Father George’s voice in my head, hear its poem by Robert Frost: Nature’s first green is York, the superintendent asked the couple if slightly speculative, wry resonance. And at gold, Her hardest hue to hold. they fished. When they answered yes, he that moment, whatever else I still did not Her early leaf’s a flower; But only so an took them to the Barton River. understand about the events of the past sum- hour. The trout were jumping that spring day, mer, I realized that long after the passing of Then leaf subsides to leaf. making their way up river. the hill farms and the big woods and King- So Eden sank to grief, So dawn goes down to ‘‘I looked at Phillis, she looked at me,’’ dom Common as we had known it, these sto- day. Mosher said. The sight of the fish jumping ries would remain: a golden legacy, to me Nothing gold can stay. Switching tenor and tone, Mosher the falls persuaded them to move to Orleans. and to the village, from Father George.’’ launched into a story of a Depression era They accepted the teaching jobs, and taught A SPECIAL PLACE whiskey runner and friend who, fleeing the for a few years before moving to California, Mosher and his wife, Phillis, a retired law, missed the curve at the bridge and where Mosher planned to get his master’s of teacher and school counselor, have lived in wound up in the river. He hid in the river fine arts in writing. He scrapped that plan the Northeast Kingdom since 1964. It is while the feds passed by on the bridge above, after eight days, long enough for a truck where they raised their two children, Jake satisfied his thirst, and finally made his way driver to pull up to the Moshers’ car at Hol- and Annie. Advertisement I was like a kid in to Barre. lywood and Vine in L.A., and deliver a mes- the backseat on a recent drive to the hot Stories like these, which Mosher heard sage on seeing their green license plates. spots of Mosher’s adopted home turf. from Kingdom old-timers and which still ‘‘I’m from Vermont, too,’’ the trucker driver

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.022 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6043 said. ‘‘Go back while you still can.’’ The sto- TRIBUTE TO JACK WILLIAMS ery from the wounds he received from ries Mosher wanted to tell were rich and Mr. BROWN of Massachusetts. Mr. his actions during a firefight in the ready and far from Hollywood and Vine. ‘‘I Arghandab River Valley of Afghani- cut myself off from all my material before I President, I rise today to recognize Jack Williams of Boston, MA. For the stan. understood it well enough to write about it,’’ On September 30, 2010, Corporal Mosher said. They headed home; Mosher to past 30 years, Jack, a well-respected Bixler and his platoon conducted a pa- write, Phillis to teach. ‘‘We knew right away veteran news anchor, has hosted WBZ- trol in the volatile and dangerous re- we had found a gold mine of stories,’’ Mosher TV’s ‘‘Wednesday’s Child’’, the longest- gion to talk with some local elders. said. ‘‘And we found out nobody had written running adoptive-family-recruitment During the mission, Corporal Bixler them. I couldn’t believe it. It took me 15 TV feature in the Nation. Since years or so to begin to figure out how to do was assigned a small team of Afghan ‘‘Wednesday’s Child’’ first aired on it.’’ National Army soldiers to lead. The pa- WBZ in 1981, Jack Williams has used Much of his first novel, ‘‘Disappearances,’’ trol came under heavy enemy fire forc- the weekly news segment to tell the was written in the library/opera house in ing the unit to turn back to safety. Derby Line, a granite and brick building story of more than 1,000 special needs Corporal Bixlers following actions that straddles the U.S.-Canada border. children who are in need of loving, safe are heroic and inspiring. As the patrol Mosher would place half his chair in the and permanent homes. Thanks to turned around, one of the Afghan Army U.S., and half in the foreign country, when Jack’s effort, many of these children he wrote. He sometimes got such a kick from partners stepped outside of the cleared have found ‘‘forever’’ homes with view- path and Corporal Bixler, recognizing his own work, he created a disturbance. Or so ers of the weekly segment. the librarian thought. ‘‘I would burst into the danger ran after the Afghan sol- gales of laughter with each new outrageous Jack Williams has used his notoriety dier. As he attempted to shove the sol- passage,’’ Mosher recalled. ‘‘ ‘ Mr. Mosher,’ and public platform to provide an in- dier back onto the cleared path, he det- he was warned, if you can’t control yourself, valuable service that has changed the onated an IED that caused extensive we will have to ask you to leave.’ ’’ lives of so many children and their damage to his body. Through this cou- KEEP THE KIDS OUT OF THE MILL adoptive parents. ‘‘Wednesday’s Child’’ rageous and selfless action, he saved Talking in hushed library tones in the dual is backed by the Endowment for the life of the Afghan soldier and the nation reading room where he wrote Dis- Wednesday’s Child, an exemplary non- other members of his patrol. For his appearances,’’ Mosher said he was amusing profit with very little overhead and no heroism, he was awarded the Silver himself during the writing of the book. ‘‘But employees. In fact, Jack and Marcie Star. I was also in a state of desperation,’’ he said. are the sole employees of the Endow- Throughout his difficult recovery at ‘‘There’s a degree of desperation about the ment for Wednesday’s Child; they have Walter Reed Army Medical Center, writing.’’ never drawn a salary and run the foun- Corporal Bixler has been an inspiration Decades later, Mosher is amused by the re- dation out of a home office. to those around him and to his unit sponse to ‘‘Disappearances’’ of Wallace The Endowment for ‘‘Wednesday’s Stegner, the famous novelist who lived in that continues its service overseas. Greensboro. Stegner read Mosher’s book to Child’’ is supported by individual and CPL David Bixler has not only met write a possible blurb for the cover. corporate donations including Wendy’s the criteria for the Soldier of the Year Stegner, the story goes, didn’t get too far Restaurants, as well as Volvo, which Award, but eclipsed it. Words cannot before crumpling up the manuscript and donates a vehicle for the ‘‘Win a Volvo, express how proud I am of Corporal throwing it in the fire, announcing: ‘‘This Help ‘‘Wednesday’s Children’’ cam- Bixler and his valor and bravery now book is a hymn to irresponsibility.’’ paign. The endowment has raised and how grateful I am for his service. We ‘‘I didn’t know enough to use it,’’ Mosher donated millions to worthy nonprofits thank him, and all our servicemen and said. that assist with special needs adop- women, for their sacrifice and efforts Mosher drove us past the place in Irasburg tions. Among these are the Massachu- on our behalf.∑ that would serve as a springboard for per- setts Adoption Resource Exchange and haps his best known story: the house where f a black minister was living in the summer of group homes including the Walker Home, St. Ann’s Home in Methuen and AMERICAN ACADEMY OF ARTS 1968, when his home was shot at. The racial AND SCIENCES shooting, which came to be called the the Italian Home for Children in Ja- Irasburg Affair, informed Mosher’s 1989 maica Plain. ∑ Mr. KERRY. Mr. President, today I novel, ‘‘A Stranger in the Kingdom.’’ I also thank WBZ-TV for being exem- wish to commend the American Acad- We visited, too, a place that will figure in plary stewards of the public airwaves emy of Arts and Sciences on the occa- the book Mosher is writing. His forthcoming in allowing Jack to use his position for sion of the institution’s October 1, 2011, novel also has a black man as a central char- such a noble cause. induction ceremony for the 231st class acter: Alexander Twilight, believed to be the On November 6, the Massachusetts of members in Cambridge, MA. These first black person in the country to graduate 211 new members earned election to the from college (Middlebury, 1823). Adoption Resource Exchange, other American Academy of Arts and We walked outside the wonderful stone Wednesday’s Child beneficiaries and schoolhouse, reminiscent of the Middlebury Wednesday’s Child ‘‘alumni’’ will gath- Sciences for extraordinary individual campus, Twilight designed and built on a er to honor Jack Williams’ 30 years of achievement and are among the world’s quiet plateau in Brownington. Twilight was service to Massachusetts’ foster chil- most influential artists, scientists, principal of the school, and a minister and dren in need of permanent homes. I scholars, authors, and institutional state legislator. join them in congratulating Jack and leaders. In accepting membership into ‘‘He had a dream,’’ Mosher said of Twi- Marcie and all those who support the American Academy of Arts and light. Wednesday’s Child for their hard work Sciences, these individuals agreed to ‘‘There’s no doubt about it.’’ and generosity. contribute their talents, experience, When the Moshers started teaching in Or- and knowledge to help the academy ad- f leans, they were instructed by the district vance the Nation’s social welfare. superintendent to ‘‘keep the kids out of the ADDITIONAL STATEMENTS The American Academy of Arts and mill.’’ The administrator was referring to the Ethan Allen furniture factory, which ap- Sciences is an august, quintessentially American institution founded by Mas- pears in Mosher’s novels as American Herit- TRIBUTE TO CORPORAL DAVID J. age. sachusetts’ own John Adams and other BIXLER Mosher, whose first apartment was next to scholar-patriots during our Nation’s the mill, said he heard the words ‘‘keep the ∑ Mr. BOOZMAN. Mr. President, today struggle for independence. The Amer- kids out of the mill; keep the kids out of the I honor Corporal David J. Bixler for his ican Academy of Arts and Sciences is mill’’ rise in rhythmic chant from the courage, heroism and selfless dedica- currently chaired by Louis W. Cabot plant’s vents outside his window. tion to the U.S. Army and his fellow and led by President Leslie C. It is unlikely the long-ago superintendent, soldiers. Berlowitz and is a vital center of issuing that directive, had in mind the man- CPL David J. Bixler of Harrison, AR, ner by which Mosher would fulfill the man- knowledge focused on the great chal- date. But any Kingdom kid who has found recently received the United Service lenges and concerns of the day, from his way to Mosher’s novels, is transported to Organizations Soldier of the Year science and technology policy to global a place that is true to the mill, and the river Award for distinguishing himself both security; social policy to the human- nearby, yet worlds apart and away. on the battlefield and during his recov- ities; and culture, and education.

VerDate Mar 15 2010 05:15 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.022 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6044 CONGRESSIONAL RECORD — SENATE October 3, 2011 I won’t read all 211 of the new mem- entists have extracted fundamental in- framework for the paradigm of plate bers’ names, but listed among these formation from ice cores, and studies tectonics, which revolutionized the brilliant individuals are; have provided detailed climatological study of Earth and its history. Dr. Daniel Arie Haber, the leading and other environmental data, over a Also included in this group is Robert physician-scientist whose research has geological time period including the Kraft, who is probably best known as focused on the molecular genetics of Holocene and late Pleistocene ages, on the owner of our beloved New England human cancer. He identified genes im- the regional and global conditions ex- Patriots but has also dedicated his life plicated in breast cancer development isting at the time of snow deposit. Re- to advancing science, philanthropy, the and in Wilms’ tumor, a children’s kid- sults reveal man’s impact on the arts, and education. ney cancer. changing environment and long-term Chester C. Langway, Jr., who is re- evidence regarding abrupt global cli- I am including for the RECORD the sponsible for launching the era of deep mate changes and led to discovery of names of all 211 inductees into the ice core drilling programs. He recruited the Dansgaard-Oeschger event. American Academy of Arts and scientists from other disciplines and Dr. W. Jason Morgan, who was the Sciences. I wish them all the best and countries to work on ice cores and col- first to propose that Earth’s surface is thank them for their contribution to laborated closely with them. Con- made up of a number of rigid crustal the knowledge of our Nation. sequently, international teams of sci- blocks, establishing the kinematic The information follows: THE 231ST CLASS OF MEMBERS, AMERICAN ACADEMY OF ARTS AND SCIENCES

Name Affiliation Location

Dr. Richard Warren Aldrich ...... University of Texas at Austin ...... Texas Mr. Paul Gardner Allen ...... Vulcan, Inc...... Washington Dr. Victor Ambros ...... University of Massachusetts Medical School ...... Massachusetts Professor Luc E. Anselin ...... Arizona State University ...... Arizona Professor Frances Hamilton Arnold ...... California Institute of Technology ...... California Dr. Wanda M. Austin ...... Aerospace Corporation ...... California Mr. Jesse Huntley Ausubel ...... Rockefeller University/Alfred P. Sloan Foundation ...... New York Professor Thomas Banks ...... University of California, Santa Cruz/Rutgers, State University of NJ ...... California Professor John Andrew Bargh ...... Yale University ...... Connecticut Professor Mary Beard ...... University of Cambridge ...... United Kingdom Dr. Anna Katherine Behrensmeyer ...... Smithsonian Institution ...... Virginia Professor Roland J.M. Be´nabou ...... Princeton University ...... New Jersey The Honorable Douglas Joseph Bennet, Jr...... Wesleyan University ...... Connecticut Professor Marsha J. Berger ...... Courant Institute of Mathematical Sciences, New York University ...... New York Professor Timothy J. Besley ...... London School of Economics and Political Science ...... United Kingdom Dr. Clara Derber Bloomfield ...... Ohio State University ...... Ohio Professor Philip V. Bohlman ...... University of Chicago ...... Illinois Mr. Yves Bonnefoy ...... Paris, France ...... France Dr. Melissa Foster Bowerman ...... Max-Planck-Institut fu¨r Psycholinguistik ...... The Netherlands Mr. Dave Brubeck ...... Wilton, Connecticut ...... Connecticut Dr. Anthony S. Bryk ...... Carnegie Foundation for the Advancement of Teaching ...... California Mr. John E. Bryson ...... Edison International ...... California Mr. Kenneth L. Burns ...... Florentine Films ...... New Hampshire Dr. R. Paul Butler ...... Carnegie Institution for Science ...... Washington, D.C. Ms. Elizabeth J. Cabraser ...... Lieff Cabraser Heimann & Bernstein LLP ...... California Mr. Thomas P. Campbell ...... Metropolitan Museum of Art ...... New York Dr. James Ireland Cash, Jr...... Harvard Business School ...... Massachusetts Dr. Francisco G. Cigarroa ...... University of Texas System ...... Texas Professor Edmund Melson Clarke ...... Carnegie Mellon University ...... Pennsylvania Professor James Clifford ...... University of California, Santa Cruz ...... California Professor Geoffrey W. Coates ...... Cornell University ...... New York Mr. Ernest H. Cockrell ...... Cockrell Interests, Inc./Cockrell Foundation ...... Texas Mr. Leonard Norman Cohen ...... Montreal, Canada ...... California Professor Timothy J. Colton ...... Harvard University ...... Massachusetts Professor Robert K. Colwell ...... University of Connecticut ...... Connecticut Professor David Paul Corey ...... Harvard Medical School/HHMI ...... Massachusetts Professor Stanley A. Corngold ...... Princeton University ...... New Jersey Professor Robert Howard Crabtree ...... Yale University ...... Connecticut Dr. George William Crabtree ...... Argonne National Laboratory/University of Illinois at Chicago ...... Illinois Professor Peter W. Culicover ...... Ohio State University ...... Ohio Dr. George Q. Daley ...... Children’s Hosp. Cancer Inst./HMS/HHMI ...... Massachusetts Dr. Chi Van Dang ...... Johns Hopkins University School of Medicine ...... Maryland Professor Marcetta York Darensbourg ...... Texas A&M University ...... Texas Mr. Daniel Michael Blake Day-Lewis ...... New York, New York ...... New York Professor Juan Jose´ de Pablo ...... University of Wisconsin-Madison ...... Wisconsin Baron David de Rothschild ...... Rothschild Group ...... France Dr. Raymond J. Deshaies ...... California Institute of Technology/HHMI ...... California Dr. Vishva Dixit ...... Genentech, Inc...... California Ambassador Edward P. Djerejian ...... Rice University; Djerejian Global Consultancies, LLP ...... Texas Dr. John P. Donoghue ...... Brown University ...... Rhode Island Professor Steven Neil Durlauf ...... University of Wisconsin-Madison ...... Wisconsin Mr. Bob Dylan ...... Malibu, California ...... California Professor Penelope Dorothy Eckert ...... Stanford University ...... California Dr. Jonathan A. Epstein ...... University of Pennsylvania, Perelman School of Medicine ...... Pennsylvania Professor Alex Eskin ...... University of Chicago ...... Illinois Dr. Edward W. Felten ...... Princeton University ...... New Jersey Dr. Russell Dawson Fernald ...... Stanford University ...... California Professor Martha Finnemore ...... George Washington University ...... Washington, D.C. Professor Claude S. Fischer ...... University of California, Berkeley ...... California Professor Philip Fisher ...... Harvard University ...... Massachusetts Professor Nancy Foner ...... City University of New York, Hunter College and The Graduate Center ...... New York Professor Catherine S. Fowler ...... University of Nevada ...... Nevada Professor Scott E. Fraser ...... California Institute of Technology ...... California Dr. Joseph Francis Fraumeni, Jr...... National Cancer Institute, National Institutes of Health ...... Maryland Professor Glenn H. Fredrickson ...... University of California, Santa Barbara ...... California Dr. Julio Frenk ...... Harvard School of Public Health ...... Massachusetts Professor Sarah A. Fuller ...... State University of New York at Stony Brook ...... New York Mr. Thomas W. Gaehtgens ...... Getty Research Institute ...... California Professor Franklin I. Gamwell ...... University of Chicago Divinity School ...... Illinois Professor Daniel E. Garber ...... Princeton University ...... New Jersey Professor Sylvester James Gates, Jr...... University of Maryland ...... Maryland Professor Sharon C. Glotzer ...... University of Michigan ...... Michigan Professor Annette Gordon-Reed ...... Harvard University/HLS/Radcliffe Institute ...... Massachusetts Dr. Maxwell E. Gottesman ...... Columbia University Medical Center ...... New York Mr. Hugh Grant ...... Monsanto Company ...... Missouri Mr. Paul Anthony Griffiths ...... Manorbier, United Kingdom ...... United Kingdom Professor Sol Michael Gruner ...... Cornell University ...... New York Mr. John Guare ...... New York, New York ...... New York Mr. Robert D. Haas ...... Levi Strauss & Company/Levi Strauss Foundation ...... California Dr. Daniel Arie Haber ...... Harvard Medical School/Massachusetts General Hospital/HHMI ...... Massachusetts Professor Jacquelyn Dowd Hall ...... University of North Carolina at Chapel Hill ...... North Carolina Reverend Ray A. Hammond ...... Bethel African Methodist Episcopal Church ...... Massachusetts Professor Martin P. Head-Gordon ...... University of California, Berkeley ...... California Professor Jeffrey Henderson ...... Boston University ...... Massachusetts Professor James Higginbotham ...... University of Southern California ...... California Mr. Robert F. Higgins ...... Highland Capital Partners/Havard Business School ...... Massachusetts

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.011 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6045 THE 231ST CLASS OF MEMBERS, AMERICAN ACADEMY OF ARTS AND SCIENCES—Continued

Name Affiliation Location

Dr. Katherine Ann High ...... University of Pennsylvania, Perelman School of Medicine ...... Pennsylvania Professor Oscar Hijuelos ...... Duke University ...... New York Dr. Okihide Hikosaka ...... National Eye Institute ...... Maryland Mr. Edward Hoagland ...... Edgartown, MA ...... Vermont Dr. E. Brooks Holifield ...... Emory University ...... Georgia Mrs. Jenny Holzer ...... Hoosick Falls, New York ...... New York Dr. Eric Joel Horvitz ...... Microsoft Research ...... Washington Professor Thomas Yizhao Hou ...... California Institute of Technology ...... California Dr. Leah H. Jamieson ...... Purdue University ...... Indiana Professor Jay H. Jasanoff ...... Harvard University ...... Massachusetts Professor Farish Alston Jenkins, Jr...... Harvard University ...... Massachusetts Mr. W. Thomas Johnson, Jr...... Cable News Network ...... Georgia Mr. Alex S. Jones ...... Harvard Kennedy School ...... Massachusetts Professor Michael I. Jordan ...... University of California, Berkeley ...... California Professor Marcel Kahan ...... New York University School of Law ...... New York Professor Frances Myrna Kamm ...... Harvard University/Harvard Kennedy School ...... Massachusetts Dr. Linda P.B. Katehi ...... University of California, Davis ...... California Professor Kazuya Kato ...... University of Chicago ...... Illinois Professor Jonathan N. Katz ...... California Institute of Technology ...... California Professor Thomas Forrest Kelly ...... Harvard University ...... Massachusetts Professor J. Mark Kenoyer ...... University of Wisconsin-Madison ...... Wisconsin Dr. Talmadge Everett King, Jr...... University of California, San Francisco ...... California Dr. Robert E. Kingston ...... Harvard Medical School/Massachusetts General Hospital ...... Massachusetts Professor Joseph Klafter ...... Tel Aviv University ...... Israel Dr. Steven Knapp ...... George Washington University ...... Washington, D.C. Mr. Robert Kraft ...... The Kraft Group ...... Massachusetts Professor David I. Laibson ...... Harvard University ...... Massachusetts Professor Chester Charles Langway, Jr...... State University of New York at Buffalo ...... Massachusetts Dr. Lewis Lee Lanier ...... University of California, San Francisco ...... California Professor L. Gary Leal ...... University of California, Santa Barbara ...... California Dr. Andrei Dmitriyevich Linde ...... Stanford University ...... California Professor John A. List ...... University of Chicago ...... Illinois Professor Beatrice Longuenesse ...... New York University ...... New York Professor William Roger Louis ...... University of Texas at Austin ...... Texas Mr. Morton Mandel ...... Parkwood Corporation/Mandel Foundation ...... Ohio Professor Todd Joseph Martinez ...... Stanford University ...... California Dr. Raghunath A. Mashelkar ...... Global Research Alliance; CSIR ...... India Professor Mark A. Mazower ...... Columbia University ...... New York Mr. Bill McKibben ...... Middlebury College ...... Vermont Professor H. Jay Melosh ...... Purdue University ...... Indiana Professor Louis Menand ...... The New Yorker/Harvard University ...... Massachusetts Dr. Jeffrey H. Miller ...... University of California, Los Angeles ...... California Professor Geoffrey P. Miller ...... New York University School of Law ...... New York Dr. Chad A. Mirkin ...... Northwestern University ...... Illinois Dame Helen Mirren ...... London, United Kingdom ...... United Kingdom Professor Margaret M. Mitchell ...... University of Chicago Divinity School ...... Illinois Professor Gregory Winthrop Moore ...... Rutgers, The State University of New Jersey ...... New Jersey Dr. W. Jason Morgan ...... Harvard University/Princeton University ...... Massachusetts Dr. Richard I. Morimoto ...... Northwestern University ...... Illinois Dr. Ellen Mosley-Thompson ...... Ohio State University ...... Ohio Mr. Alan Roger Mulally ...... Ford Motor Company ...... Michigan Professor Shree K. Nayar ...... Columbia University ...... New York Dr. William Barlow Neaves ...... Stowers Institute for Medical Research ...... Missouri Professor Ei-ichi Negishi ...... Purdue University ...... Indiana Professor Ann E. Nelson ...... University of Washington ...... Washington Professor Dr. Angelika Neuwirth ...... Freie Universitat Berlin ...... Germany Dr. Katherine S. Newman ...... Johns Hopkins University ...... Maryland Professor Dr. Svante Pa¨a¨bo ...... Max-Planck-Institut fu¨r evolutiono¨re Anthropologie ...... Germany Dr. David Conrad Page ...... Massachusetts Institute of Technology/HHMI ...... Massachusetts Professor Scott E. Page ...... University of Michigan ...... Michigan Professor David G. Pearce ...... New York University ...... New York Professor Monika Piazzesi ...... Stanford University ...... California Professor Hugh David Politzer ...... California Institute of Technology ...... California Professor Trevor Douglas Price ...... University of Chicago ...... Illinois Mrs. Roberta Cooper Ramo ...... Modrall Sperling ...... New Mexico Professor Peter B. Reich ...... University of Minnesota ...... Minnesota Dr. Robert D. Reischauer ...... Urban Institute ...... Maryland Professor David N. Reznick ...... University of California, Riverside ...... California Sir Adam Roberts ...... British Academy/ University of Oxford ...... United Kingdom Dr. Malcolm Austin Rogers ...... Museum of Fine Arts, Boston ...... Massachusetts Professor Thomas Romer ...... Princeton University ...... New Jersey Professor C. Brian Rose ...... University of Pennsylvania ...... Pennsylvania Dr. Rodney J. Rothstein ...... Columbia University Medical Center ...... New York Dr. Martine F. Roussel ...... St. Jude Children’s Research Hospital/University of Tennessee ...... Tennessee Dr. Roberta L. Rudnick ...... University of Maryland ...... Maryland Dr. David W. Russell ...... University of Texas Southwestern Medical Center ...... Texas Professor Laurent Saloff-Coste ...... Cornell University ...... New York Professor Larry Samuelson ...... Yale University ...... Connecticut Professor Michael Scammell ...... Columbia University ...... New York Professor Michael H. Schill ...... University of Chicago Law School ...... Illinois Dr. Amita Sehgal ...... University of Pennsylvania, Perelman School of Medicine/HHMI ...... Pennsylvania Professor Louis Michael Seidman ...... Georgetown University ...... Washington, D.C. Dr. Sybil Putnam Seitzinger ...... Royal Swedish Academy of Sciences ...... Sweden Dr. Patricia Griffiths Selinger ...... IBM Almaden Research Center ...... California Professor Eric Ursell Selker ...... University of Oregon ...... Oregon Professor James S. Shapiro ...... Columbia University ...... New York Professor Kevan M. Shokat ...... University of California, San Francisco/HHMI ...... California Professor Peter Williston Shor ...... Massachusetts Institute of Technology ...... Massachusetts Mr. Paul Simon ...... New York, New York ...... New York Professor P. Adams Sitney ...... Princeton University ...... New Jersey Dr. David J. Skorton ...... Cornell University ...... New York Dr. Bruce David Smith ...... Smithsonian Institution ...... Virginia Professor Eduardo E. M. Souto de Moura ...... Universidade do Porto/Souto Moura-Arquitectos SA ...... Portugal Dr. Debora L. Spar ...... Barnard College ...... New York Professor Gabrielle M. Spiegel ...... Johns Hopkins University ...... Maryland Professor Charles Haines Stewart III ...... Massachusetts Institute of Technology ...... Massachusetts Professor Howard A. Stone ...... Princeton University ...... New Jersey Dr. Gisela T. Storz ...... National Institutes of Health ...... Maryland Professor Thomas J. Sugrue ...... University of Pennsylvania ...... Pennsylvania Dr. Wesley I. Sundquist ...... University of Utah ...... Utah Professor Michael K. Tanenhaus ...... University of Rochester ...... New York Dr. Ann Taves ...... University of California, Santa Barbara ...... California Professor Herbert F. Tucker ...... University of Virginia ...... Virginia Professor Christopher R. Udry ...... Yale University ...... Connecticut Ms. Luisa Valenzuela ...... Buenos Aires, Argentina ...... Argentina Mr. Michael R. Van Valkenburgh ...... Michael Van Valkenburgh Associates, Inc., Landscape Architects P.C...... New York Mr. J. Mario Pedro Vargas Llosa ...... Madrid, Spain ...... Spain Professor Lothar von Falkenhausen ...... University of California, Los Angeles ...... California Professor Brian A. Wandell ...... Stanford School of Medicine ...... California Dr. Jean Yin Jen Wang ...... University of California, San Diego ...... California Mr. Samuel A. Waterston ...... West Cornwall, Connecticut ...... California Professor Sandra Robin Waxman ...... Northwestern University ...... Illinois

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.048 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6046 CONGRESSIONAL RECORD — SENATE October 3, 2011 THE 231ST CLASS OF MEMBERS, AMERICAN ACADEMY OF ARTS AND SCIENCES—Continued

Name Affiliation Location

Professor Daniel Merton Wegner ...... Harvard University ...... Massachusetts Professor Barbara Weinstein ...... New York University ...... New York Mr. Miles D. White ...... Abbott ...... Illinois Professor Henry S. White, Jr...... University of Utah ...... Utah Dr. Marvin Pete Wickens ...... University of Wisconsin-Madison ...... Wisconsin Professor Avi Wigderson ...... Institute for Advanced Study ...... New Jersey Mr. Robert Wilson ...... Watermill Center/The Byrd Hoffman Watermill Foundation ...... New York Professor Hisashi Yamamoto ...... University of Chicago ...... Illinois Professor Stephen Campbell Yeazell ...... University of California, Los Angeles School of Law ...... California Dr. Shigeyuki Yokoyama ...... Riken Systems and Structural Biology Center ...... Japan Professor Yuk Ling Yung ...... California Institute of Technology ...... California Professor James C. Zachos ...... University of California, Santa Cruz ...... California Professor Shoucheng Zhang ...... Stanford University ...... California Professor Shou-Wu Zhang ...... Columbia University ...... New Jersey•

TRIBUTE TO DR. ALFONSO proximately one third of all Vet Center management governance structure and BATRES staff had served in Iraq or Afghanistan. established systems that allowed VA to ∑ Mrs. MURRAY. Mr. President, I In addition, vet centers are located in spend money more wisely and improve would like to take a moment today to convenient locations within commu- services to veterans. recognize Dr. Alfonso Batres with the nities that possess a large population I appreciate Mr. Grams’ hard work of underserved veterans. The programs Department of Veterans Affairs for his and dedication at VA, and I am so are constantly adapting to meet the dedicated service to our Nation’s vet- pleased that his extraordinary talents evolving needs of veterans and have ∑ erans. Dr. Batres is a Vietnam veteran and effort have been recognized. strict protections in place in order to who now serves as the chief officer for f ensure maximum privacy for veterans. Readjustment Counseling Service, This is a truly revolutionary method of TRIBUTE TO THEODORE M. where he has devoted his career to delivering services and Dr. Batres’ vi- DOLNEY building a national network of commu- sion, along with his natural propensity ∑ Mr. TESTER. Mr. President, today I nity-based vet centers. At these vet to foster young talent, have proven in- honor Theodore M. Dolney, a veteran centers, veterans can obtain coun- valuable in its success. of World War II and a member of this seling, job assistance, and medical re- Dr. Batres’ selfless service on behalf Nation’s Greatest Generation. ferrals, in addition to other services. of our Nation’s veterans has greatly Mr. Dolney, on behalf of all Mon- Dr. Batres was recently awarded a improved the lives of many, and I am tanans and all Americans, I stand to 2011 Samuel J. Heyman Service to so pleased to see his achievements rec- say ‘‘thank you’’ for your service to America Medal from the Partnership ognized.∑ this Nation. for Public Service. The award, also f I am proud to share Mr. Dolney’s known as a ‘‘Sammy,’’ is awarded an- story of heroism, because like so many TRIBUTE TO W. TODD GRAMS nually to exceptional Federal employ- others, it is a story that should never ees. Specifically, Dr. Batres was award- ∑ Mrs. MURRAY. Mr. President, I be forgotten. ed the 2011 Career Achievement Medal, would like to take a moment today to Ted Dolney joined the Army in April which recognizes a Federal employee recognize W. Todd Grams for his serv- of 1941, after spending the first 19 years for significant accomplishments ice to our Nation’s veterans. Mr. of his life growing up on his family throughout a lifetime of achievement Grams serves as the chief financial of- farm in Glenville, SD. After training, in public service. ficer and executive in charge for the the Army sent Mr. Dolney to northern Under Dr. Batres’ leadership, the Office of Management at the Depart- Africa. In February of 1943, German number of vet centers across the coun- ment of Veterans Affairs, VA, where he troops captured him and took him as a try has dramatically expanded from 200 has led the effort to improve the provi- prisoner of war. to 300 in an effort to meet the growing sion of benefits for our veterans Mr. Dolney spent 27 months more needs of hundreds of thousands of com- through efficient financial manage- than 2 years of his life imprisoned by bat veterans and their families. In ad- ment. Nazis. Mr. Dolney was moved from dition, Dr. Batres created and launched Mr. Grams was recently awarded the place to place in Germany. Conditions 50 mobile vet centers, greatly improv- prestigious 2011 Samuel J. Heyman were cruel and brutal. Food was scarce. ing the access to services available to Service to America Management Excel- In fact, Mr. Dolney says many Amer- veterans. Dr. Batres also developed the lence Medal from the Partnership for ican POWs would have died if it had Combat Call Center, a national call-in Public Service. The award, also known not been for supplemental food pack- service where combat veterans can call as a ‘‘Sammy,’’ is one of the most im- ages sent by the Red Cross. in to talk to another combat veteran portant annual awards provided to Fed- Because Mr. Dolney knew how to regarding any readjustment issues they eral civil servants who have made a speak German, and because he had the may be facing. significant contribution to our coun- strength to work as a POW on rail- Dr. Batres is an especially deserving try. Mr. Grams was recognized for his roads, he sometimes got extra food. recipient of the Career Achievement leadership in integrating and stream- On the eve of the invasion of Nor- Medal as he has led the Vet Center Pro- lining VA’s operations, reducing costs, mandy, some of the prisoners smuggled gram to provide services to a record and improving delivery of services to in a radio. Hours later, they heard news level of veterans and their family veterans. of the allies landing in France. members. As a result of Dr. Batres’ ef- Mr. Grams is a worthy recipient of Months later, when Germany lost the forts, over 191,000 veterans and their the Management Excellence Medal. In war, the Nazi guards simply ran away. family members visited vet centers his role as VA chief financial officer, Mr. Dolney and the others left on foot nearly 1.3 million times in the year he has demonstrated not only the cour- to find help. After walking several 2010 alone. age, but also the creativity and tenac- days, they finally encountered Amer- Vet centers have proven so successful ity necessary to help VA maximize ican soldiers. And they were sent home due to the unique services they pro- value for our veterans. Along with the as heroes. vide, which seek to treat the whole per- help of his qualified team, Mr. Grams’ Ted Dolney returned to the United son. At vet centers, combat veterans initial push for an in-depth analysis of States. He moved to Montana where he can receive counseling from other com- VA’s financial management priorities met Darlene, his wife of 50 years. He bat veterans who truly understand the allowed VA to serve veterans with worked for three decades as a lineman struggles veterans face. In 2010, ap- higher quality service and care. He re- for the Rural Electrification Adminis- proximately 80 percent of vet center directed resources to lower the cost tration. staff members were veterans, 60 per- and risk for investment for VA. Fur- But Mr. Dolney never received rec- cent were combat veterans, and ap- thermore, Mr. Grams integrated the ognition for his service and sacrifice as

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.048 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6047 a Prisoner of War in World War II. And These medals are presented on behalf from the President of the United throughout his life, he never com- of a grateful nation.∑ States submitting sundry nominations plained. f and withdrawals which were referred to In 1973, his military records were de- the appropriate committees. stroyed by a fire in St. Louis. TRIBUTE TO POSTMASTER (The nominations received today are But after his family reached out to SHAUNA D. ANDREWS printed at the end of the Senate my office, we were able to secure the ∑ Mr. WYDEN. Mr. President, today I proceedings.) medals Mr. Dolney never received. want to recognize and honor Post- f Last month, I had the honor of pre- master Shauna D. Andrews, of Here- senting to Ted, a Bronze Star, and a ford, OR, for her exceptional service to LEGISLATION AND SUPPORTING European-African-Middle-Eastern Cam- her customers and dedication to her DOCUMENTS TO IMPLEMENT THE paign Medal with four Bronze Service neighbors. UNITED STATES-KOREA FREE Stars. Located in eastern Oregon, Hereford TRADE AGREEMENT—PM 24 It was also my honor to present an is a highly rural, unincorporated com- The PRESIDING OFFICER laid be- American Defense Service Medal, and a munity in Baker County. Although fore the Senate the following message World War II Victory Medal. Hereford is unincorporated it has a from the President of the United Last month I also presented to Ted: a post office that serves approximately States, together with accompanying Combat Infantryman Badge First 100 postal patrons. Like many rural reports and papers; which was referred Award, a Good Conduct Medal, and the postmasters, Shauna knows her cus- to the Committee on Finance: tomers well and connects with them on Honorable Service Lapel Button, World To the Congress of the United States: War II. a regular basis; especially older folks I am pleased to transmit legislation These seven medals are small tokens, who don’t have access to the Internet, and supporting documents to imple- but they are powerful symbols of true cell phones, and other conveniences ment the United States-Korea Free heroism, sacrifice, and dedication to that are driving down the traditional Trade Agreement (Agreement), a land- service. use of post offices. In Hereford, the mark agreement that supports Amer- These medals are presented on behalf post office is a place where people send ican jobs, advances U.S. interests, and ∑ of a grateful nation. and receive packages, including mail reflects America’s fundamental values. f order prescriptions and vote by mail. The Agreement levels the playing Over the years, Shauna, who is also a TRIBUTE TO JOHN HORIGAN field for U.S. businesses, workers, first responder, has demonstrated a farmers, ranchers, manufacturers, in- ∑ Mr. TESTER. Mr. President, today I strong commitment to the folks she vestors, and service providers by offer- wish to honor John L. Horigan, a vet- considers customers and neighbors. ing them unprecedented access to Ko- eran of Vietnam. During the week of September 19, 2011, rea’s nearly $1 trillion economy. The John, on behalf of all Montanans and she became concerned when an 85-year- Agreement eliminates tariffs on over 95 all Americans, I stand to say ‘‘thank old patron who lives alone on a rural percent of U.S. exports of industrial you’’ for your service to this Nation. route failed to collect her mail. After 2 and consumer goods to Korea within It is my honor to share the story of days, she grew worried and decided to the first 5 years and, together with the John Horigan’s sacrifice in Vietnam, go to the patron’s home. When Shauna agreement entered into through an ex- because no story of heroism should and her 19-year-old son arrived at the change of letters in February 2011, ad- ever fall through the cracks. patron’s house, they discovered the dresses key outstanding concerns of John joined the Army in October of woman lying incapacitated on the American automakers and workers re- 1967. He was part of the 86th Transpor- floor. Shauna immediately called garding the lack of a level playing field tation Company, based in Long Binh, Baker City for transport to the nearest in Korea’s auto market. The Agree- Vietnam. hospital, located 38 miles from Here- ment also ensures that almost two- His job? Operating equipment and ford. As of last week, the patron re- thirds of current U.S. agricultural ex- driving trucks for the Army in un- mained in the hospital in Baker City. ports will enter Korea duty-free imme- imaginable, dangerous conditions. It is more than a possibility that by diately. In addition, the Agreement On August 26, 1968, John’s unit came taking the time to check on her postal will give American service providers under fire. And he was shot in the arm patron, Shauna saved this woman’s much greater access to Korea’s $580 bil- and in the back. life. John returned to the United States Shauna has displayed exceptional lion services market. The Agreement contains state of the after 2 years of service to this Nation. service and dedication to her cus- art provisions to help protect and en- He worked as a millwright in Cali- tomers and neighbors. The Hereford force intellectual property rights, re- fornia, and eventually moved with his Post Office is on the national closure duce regulatory red tape, and eliminate wife Cindy to the Big Sky State of study list and as we address the future regulatory barriers to U.S. exports. Montana, where he is welcome as a of the Postal Service, it is absolutely The Agreement also contains the high- hero. imperative that we examine the func- est standards for protecting labor After his return home, the military tion of post offices in rural commu- rights, carrying out covered environ- lost John Horigan’s records. And he nities. As Shauna has demonstrated, mental agreements, and ensuring that never received the recognition he many rural postmasters know their key domestic labor and environmental earned more than 40 years ago. customers well and having a post office laws are enforced, combined with Throughout that time, he never com- is central to a town’s identity and vi- strong remedies for noncompliance. plained. tality. Increased U.S. exports expected Last month, I had the honor of pre- I recognize Shauna Andrews for her under the Agreement will support more senting to John, in the presence of his exceptional service to the community than 70,000 American jobs. The Agree- family, a Purple Heart, and a Vietnam of Hereford. Her example is one from ment will bolster our economic com- Service Medal and Bronze Star Attach- which we can all learn.∑ ment. petitiveness in the Asia-Pacific region f It was also my honor to present a and our regional security interests. Meritorious Unit Commendation, and a MESSAGES FROM THE PRESIDENT The United States once was the top National Defense Service Medal. Messages from the President of the supplier of goods exported to Korea. Last month I also presented to John: United States were communicated to Over the past decade, our share of Ko- a Republic of Vietnam Campaign Rib- the Senate by Mr. Pate, one of his sec- rea’s import market for goods has fall- bon with Device, and the Cold War Rec- retaries. en from 21 percent to just 10 percent— ognition Certificate. f behind China and Japan, and barely These six decorations are small to- ahead of the European Union (EU). The kens, but they are powerful symbols of EXECUTIVE MESSAGES REFERRED EU and several other trading partners true heroism, sacrifice, and dedication As in executive session the Presiding are negotiating or have recently con- to service. Officer laid before the Senate messages cluded trade agreements with Korea. If

VerDate Mar 15 2010 05:15 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.007 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6048 CONGRESSIONAL RECORD — SENATE October 3, 2011 the United States-Korea trade agree- entry into force of the Agreement, ment the United States-Colombia ment is not approved, the United Panama will immediately eliminate its Trade Promotion Agreement (Agree- States could lose further market share, tariffs on over 87 percent of U.S. ex- ment). The Agreement is an important export-supported jobs, and economic ports of consumer and industrial goods part of my Administration’s efforts to growth opportunities, with damage to and on more than half of U.S. exports spur economic growth, increase ex- our leadership position in the region. of agricultural goods. Panama will ports, and create jobs in the United As a part of an ambitious trade agen- eliminate most other duties on U.S. ex- States, while promoting our core val- da, it is important that the Congress ports within a 15-year transition pe- ues. The Agreement will create signifi- renew a strong and robust Trade Ad- riod. Eighty-five percent of U.S. busi- cant new opportunities for American justment Assistance Program con- nesses exporting to Panama are small- workers, farmers, ranchers, businesses, sistent with reforms enacted in 2009. and medium-sized enterprises. The and consumers by opening the Colom- Renewal of that program is necessary elimination of duties provided for in bian market and eliminating barriers to support Americans who need train- the Agreement will help to level the to U.S. goods, services, and invest- ing and other services when their jobs playing field for them and for all U.S. ment. are adversely affected by trade. As we exporters, based on 2010 trade flows, as The Agreement also represents a his- expand access to other markets abroad, approximately 98 percent of our im- toric development in our relations with we need to ensure that American work- ports from Panama already enjoy duty- Colombia. Colombia is a steadfast stra- ers are provided the tools needed to free access to the U.S. market. In addi- tegic partner of the United States and take advantage of these opportunities tion, the Agreement will give Amer- a leader in the region. The Agreement and are not left behind in the global ican service providers greater access to reflects the commitment of the United economy. Panama’s $20.6 billion services market. States to supporting democracy and Approving and implementing the The Agreement contains state of the economic growth in Colombia. It will Agreement is an opportunity to shape art provisions to help protect and en- also help Colombia battle production of history. We must seize the moment to- force intellectual property rights, re- illegal crops by creating alternative gether to support jobs for the Amer- duce regulatory red tape, and eliminate economic opportunities. ican people today and to sustain U.S. regulatory barriers to U.S. exports. Under the Agreement, tariffs on over leadership well into the 21st century. I The Agreement also contains the high- 80 percent of U.S. consumer and indus- urge the Congress to enact this legisla- est standards for protecting labor trial exports will be eliminated imme- tion promptly. rights, carrying out covered environ- diately. United States agricultural ex- BARACK OBAMA. mental agreements, and ensuring that ports in particular will enjoy substan- THE WHITE HOUSE, October 3, 2011. key domestic labor and environmental tial new improvements in access to Co- laws are enforced, combined with lombia’s market. Currently, no U.S. f strong remedies for noncompliance. agricultural exports enjoy duty-free LEGISLATION AND SUPPORTING Panama has already made significant access to Colombia. Once the Agree- DOCUMENTS TO IMPLEMENT THE reforms related to the obligations it ment enters into force, almost 70 per- UNITED STATES-PANAMA TRADE will have under the labor chapter. cent, by value, of current U.S. agricul- PROMOTION AGREEMENT—PM 25 As a part of an ambitious trade agen- tural exports will be able to enter Co- da, it is important that the Congress The PRESIDING OFFICER laid be- lombia duty-free immediately. In addi- renew a strong and robust Trade Ad- fore the Senate the following message tion, the Agreement will give Amer- justment Assistance Program con- from the President of the United ican service providers greater access to sistent with reforms enacted in 2009. States, together with accompanying Colombia’s $134 billion services mar- Renewal of that program is necessary reports and papers; which was referred ket. This will help to level the playing to support Americans who need train- to the Committee on Finance: field, since 91 percent of our imports ing and other services when their jobs from Colombia have enjoyed duty-free To the Congress of the United States: are adversely affected by trade. As we access to our market under U.S. trade I am pleased to transmit legislation expand access to other markets abroad, preference programs. and supporting documents to imple- we need to ensure that American work- The Agreement contains state of the ment the United States-Panama Trade ers are provided the tools needed to art provisions to help protect and en- Promotion Agreement (Agreement). take advantage of these opportunities force intellectual property rights, re- The Agreement is an important part of and are not left behind in the global duce regulatory red tape, and eliminate my Administration’s efforts to spur economy. regulatory barriers to U.S. exports. economic growth, increase exports, and Approval of the Agreement is in our The Agreement also contains the high- create jobs here in the United States, national interest. The Agreement will est standards for protecting labor while promoting our core values. The strengthen our economic and political rights, carrying out covered environ- Agreement will create significant new ties with Panama, support democracy, mental agreements, and ensuring that opportunities for American workers, and contribute to further economic in- key domestic labor and environmental farmers, ranchers, manufacturers, in- tegration in our hemisphere and eco- laws are enforced, combined with vestors, and businesses by opening nomic growth in the United States. I strong remedies for noncompliance. Co- Panama’s market and eliminating bar- urge the Congress to enact this legisla- lombia has already made significant riers to U.S. goods, services, and in- tion promptly. reforms related to the obligations it vestment. BARACK OBAMA. will have under the labor chapter. A The Agreement also represents an THE WHITE HOUSE, October 3, 2011. number of these steps have been taken important development in our rela- f in fulfillment of the commitments Co- tions with Panama, and accords with LEGISLATION AND SUPPORTING lombia made in the agreed Action Plan the goal, as expressed by the Congress DOCUMENTS TO IMPLEMENT THE Related to Labor Rights that President in the Caribbean Basin Trade Partner- UNITED STATES-COLOMBIA Santos and I announced on April 7. Co- ship Act, to conclude comprehensive, TRADE PROMOTION AGREE- lombia must successfully implement mutually advantageous trade agree- MENT—PM 26 key elements of the Action Plan before ments with beneficiary countries of the I will bring the Agreement into force. Caribbean Basin Initiative trade pref- The PRESIDING OFFICER laid be- This Agreement forms an integral erence program. The Agreement fur- fore the Senate the following message part of my Administration’s larger ther reflects a commitment on the part from the President of the United strategy of doubling exports by the end of the United States to sustained en- States, together with accompanying of 2014 through opening markets gagement in support of democracy, reports and papers; which was referred around the world. In addition, the economic growth, and opportunity in to the Committee on Finance: Agreement provides an opportunity to Panama and the region. To the Congress of the United States: strengthen our economic and political Panama is one of the fastest growing I am pleased to transmit legislation ties with the Andean region, and un- economies in Latin America. Upon and supporting documents to imple- derpins U.S. support for democracy

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.033 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6049 while contributing to further hemi- mittee on Homeland Security and Gov- By Mr. TESTER (for himself and Mr. spheric integration and economic ernmental Affairs: HELLER): growth in the United States. This S. 1639. A bill to amend title 36, United To the Congress of the United States: Agreement is vital to ensuring Colom- States Code, to authorize the American Le- Pursuant to my constitutional au- gion under its Federal charter to provide bia continues on its trajectory of posi- thority and as contemplated by section guidance and leadership to the individual de- tive change. 446 of the District of Columbia Self- partments and posts of the American Legion, As a part of an ambitious trade agen- Government and Governmental Reor- and for other purposes; to the Committee on da, it is important that the Congress ganization Act as amended in 1989, I the Judiciary. renew a strong and robust Trade Ad- By Mr. CASEY: am transmitting the District of Colum- justment Assistance Program con- S. 1640. A bill to amend the Agricultural bia’s 2012 Budget Request Act. This sistent with reforms enacted in 2009. Adjustment Act to require the Secretary of transmittal does not represent an en- Renewal of that program is necessary Agriculture to determine the price of all dorsement of the contents of the D.C. milk used for manufactured purposes, which to support Americans who need train- government’s requests. shall be classified as Class II milk, by using ing and other services when their jobs The proposed 2012 Budget Request the national average cost of production, and are adversely affected by trade. As we Act reflects the major programmatic for other purposes; to the Committee on Ag- expand access to other markets abroad, objectives of the Mayor and the Coun- riculture, Nutrition, and Forestry. we need to ensure that American work- By Mr. BAUCUS (for himself, Mr. cil of the District of Columbia. For ers are provided the tools needed to HATCH, and Mr. MCCONNELL) (by re- 2012, the District estimates total reve- take advantage of these opportunities quest): nues and expenditures of $10.9 billion. and are not left behind in the global S. 1641. A bill to implement the United BARACK OBAMA. States-Colombia Trade Promotion Agree- economy. THE WHITE HOUSE, October 3, 2011. ment; to the Committee on Finance. Approval of the Agreement is there- f By Mr. BAUCUS (for himself, Mr. fore in our national interest. I urge the HATCH, and Mr. MCCONNELL) (by re- Congress to enact this legislation MESSAGES FROM THE HOUSE quest): promptly. RECEIVED DURING ADJOURNMENT S. 1642. A bill to implement the United BARACK OBAMA. States-Korea Free Trade Agreement; to the ENROLLED BILLS SIGNED THE WHITE HOUSE, October 3, 2011. Committee on Finance. Under the authority of the order of By Mr. BAUCUS (for himself, Mr. f the Senate of January 5, 2011, the Sec- HATCH, and Mr. MCCONNELL) (by re- LETTERS EXCHANGED BETWEEN retary of the Senate, on September 29, quest): THE UNITED STATES AND 2011, during the adjournment of the S. 1643. A bill to implement the United KOREA THAT CONTAIN THOSE Senate, received a message from the States-Panama Trade Promotion Agree- ment; to the Committee on Finance. COMMITMENTS, WHICH FURTHER House of Representatives announcing ENHANCE THE UNITED STATES- that the Speaker pro tempore (Mr. f KOREA FREE TRADE AGREE- HARRIS) has signed the following en- SUBMISSION OF CONCURRENT AND MENT—PM 27 rolled bills: SENATE RESOLUTIONS The PRESIDING OFFICER laid be- H.R. 2005. An act to reauthorize the Com- fore the Senate the following message bating Autism Act of 2006. The following concurrent resolutions from the President of the United H.R. 2017. An act making continuing appro- and Senate resolutions were read, and States, together with accompanying priations for fiscal year 2012, and for other referred (or acted upon), as indicated: purposes. reports and papers; which was referred By Mr. KERRY (for himself, Mr. to the Committee on Finance: Under the authority of the order of CARDIN, Mr. DURBIN, and Mr. AKAKA): the Senate of January 5, 2011, the Sec- S. Res. 285. A resolution supporting the To the Congress of the United States: retary of the Senate, on September 29, goals and ideals of World Habitat Day, Octo- By separate message, I have trans- ber 3, 2011; to the Committee on Foreign Re- 2011, during the adjournment of the mitted to the Congress a bill to ap- lations. Senate, received a message from the prove and implement the United House of Representatives announcing f States-Korea Free Trade Agreement. In that the House agreed to the amend- that message, I highlighted new com- ADDITIONAL COSPONSORS ments of the Senate to the bill (H.R. mitments that my Administration, in 2017) making appropriations for the De- S. 50 close coordination with the Congress, partment of Homeland Security for the At the request of Mr. INOUYE, the successfully negotiated to provide ad- fiscal year ending September 30, 2012, name of the Senator from New York ditional market access and a level and for other purposes. (Mr. SCHUMER) was added as a cospon- playing field for American auto manu- sor of S. 50, a bill to strengthen Federal facturers and workers exporting to f consumer product safety programs and Korea. INTRODUCTION OF BILLS AND activities with respect to commer- Herewith I am transmitting the let- JOINT RESOLUTIONS cially-marketed seafood by directing ters exchanged between the United the Secretary of Commerce to coordi- States and Korea that contain those The following bills and joint resolu- tions were introduced, read the first nate with the Federal Trade Commis- commitments, which further enhance sion and other appropriate Federal the most commercially significant and second times by unanimous con- sent, and referred as indicated: agencies to strengthen and coordinate trade agreement the United States has those programs and activities. concluded in more than 17 years. The By Ms. KLOBUCHAR (for herself, Mr. S. 102 documents I have transmitted in these SESSIONS, and Mr. LEAHY): S. 1636. A bill to amend title 28, United At the request of Mr. MCCAIN, the two messages constitute the entire States Code, to clarify the jurisdiction of the name of the Senator from Nevada (Mr. United States-Korea trade agreement Federal courts, and for other purposes; to HELLER) was added as a cosponsor of S. package. the Committee on the Judiciary. 102, a bill to provide an optional fast- BARACK OBAMA. By Ms. KLOBUCHAR (for herself and track procedure the President may use THE WHITE HOUSE, October 3, 2011. Mr. SESSIONS): when submitting rescission requests, f S. 1637. A bill to clarify appeal time limits in civil actions to which United States offi- and for other purposes. DISTRICT OF COLUMBIA’S BUDGET cers or employees are parties; to the Com- S. 381 REQUEST ACT FOR FISCAL YEAR mittee on the Judiciary. At the request of Mr. TESTER, the 2012—PM 28 By Mr. CARDIN (for himself and Ms. name of the Senator from Vermont MIKULSKI): The PRESIDING OFFICER laid be- (Mr. SANDERS) was added as a cospon- S. 1638. A bill to authorize the Secretary of fore the Senate the following message the Interior to conduct a special resource sor of S. 381, a bill to amend the Arms from the President of the United study of P.S. 103 in West Baltimore, Mary- Export Control Act to provide that cer- States, together with an accompanying land and for other purposes; to the Com- tain firearms listed as curios or relics report; which was referred to the Com- mittee on Energy and Natural Resources. may be imported into the United

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.034 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6050 CONGRESSIONAL RECORD — SENATE October 3, 2011 States by a licensed importer without BEGICH) was added as a cosponsor of S. (Ms. LANDRIEU), the Senator from Con- obtaining authorization from the De- 798, a bill to provide an amnesty period necticut (Mr. LIEBERMAN) and the Sen- partment of State or the Department during which veterans and their family ator from Virginia (Mr. WARNER) were of Defense, and for other purposes. members can register certain firearms added as cosponsors of S. 1251, a bill to S. 504 in the National Firearms Registration amend title XVIII and XIX of the So- At the request of Mr. MCCAIN, his and Transfer Record, and for other pur- cial Security Act to curb waste, fraud, name was added as a cosponsor of S. poses. and abuse in the Medicare and Med- 504, a bill to preserve and protect the S. 810 icaid programs. free choice of individual employees to At the request of Ms. CANTWELL, the S. 1299 form, join, or assist labor organiza- name of the Senator from New York At the request of Mr. MORAN, the tions, or to refrain from such activi- (Mrs. GILLIBRAND) was added as a co- names of the Senator from Missouri ties. sponsor of S. 810, a bill to prohibit the (Mrs. MCCASKILL) and the Senator from S. 542 conducting of invasive research on New Hampshire (Ms. AYOTTE) were At the request of Mr. BEGICH, the great apes, and for other purposes. added as cosponsors of S. 1299, a bill to name of the Senator from Montana S. 834 require the Secretary of the Treasury (Mr. TESTER) was added as a cosponsor At the request of Mr. CASEY, the to mint coins in commemoration of the of S. 542, a bill to amend title 10, name of the Senator from Hawaii (Mr. centennial of the establishment of United States Code, to authorize space- AKAKA) was added as a cosponsor of S. Lions Clubs International. available travel on military aircraft 834, a bill to amend the Higher Edu- S. 1301 for members of the reserve compo- cation Act of 1965 to improve education At the request of Ms. MIKULSKI, her nents, a member or former member of and prevention related to campus sex- name was added as a cosponsor of S. a reserve component who is eligible for ual violence, domestic violence, dating 1301, a bill to authorize appropriations retired pay but for age, widows and violence, and stalking. for fiscal years 2012 to 2015 for the Traf- widowers of retired members, and de- S. 951 ficking Victims Protection Act of 2000, pendents. At the request of Mrs. MURRAY, the to enhance measures to combat traf- S. 556 name of the Senator from South Da- ficking in person, and for other pur- At the request of Mrs. HUTCHISON, the kota (Mr. JOHNSON) was added as a co- poses. name of the Senator from Missouri sponsor of S. 951, a bill to improve the S. 1354 (Mrs. MCCASKILL) was added as a co- provision of Federal transition, reha- At the request of Mrs. HAGAN, the sponsor of S. 556, a bill to amend the bilitation, vocational, and unemploy- names of the Senator from New Jersey securities laws to establish certain ment benefits to members of the (Mr. MENENDEZ) and the Senator from thresholds for shareholder registration, Armed Forces and veterans, and for New York (Mrs. GILLIBRAND) were and for other purposes. other purposes. added as cosponsors of S. 1354, a bill to S. 566 S. 968 authorize grants to promote media lit- At the request of Ms. MURKOWSKI, the At the request of Mr. LEAHY, the eracy and youth empowerment pro- name of the Senator from Texas (Mrs. name of the Senator from South Da- grams, to authorize research on the HUTCHISON) was added as a cosponsor of kota (Mr. JOHNSON) was added as a co- role and impact of depictions of girls S. 566, a bill to provide for the estab- sponsor of S. 968, a bill to prevent on- and women in the media, to provide for lishment of the National Volcano Early line threats to economic creativity and the establishment of a National Task Warning and Monitoring System. theft of intellectual property, and for Force on Girls and Women in the S. 570 other purposes. Media, and for other purposes. At the request of Mr. TESTER, the S. 1369 name of the Senator from Idaho (Mr. S. 996 At the request of Mr. CRAPO, the RISCH) was added as a cosponsor of S. At the request of Mr. ROCKEFELLER, 570, a bill to prohibit the Department the name of the Senator from Delaware names of the Senator from Alaska (Ms. of Justice from tracking and cata- (Mr. CARPER) was added as a cosponsor MURKOWSKI) and the Senator from loguing the purchases of multiple rifles of S. 996, a bill to amend the Internal Pennsylvania (Mr. TOOMEY) were added and shotguns. Revenue Code of 1986 to extend the new as cosponsors of S. 1369, a bill to amend markets tax credit through 2016, and the Federal Water Pollution Control S. 606 for other purposes. Act to exempt the conduct of silvicul- At the request of Mr. CASEY, the tural activities from national pollutant name of the Senator from Idaho (Mr. S. 1025 discharge elimination system permit- CRAPO) was added as a cosponsor of S. At the request of Mr. LEAHY, the ting requirements. 606, a bill to amend the Federal Food, names of the Senator from New York Drug, and Cosmetic Act to improve the (Mr. SCHUMER) and the Senator from S. 1421 priority review voucher incentive pro- Colorado (Mr. UDALL) were added as co- At the request of Mr. PORTMAN, the gram relating to tropical and rare pedi- sponsors of S. 1025, a bill to amend title names of the Senator from Michigan atric diseases. 10, United States Code, to enhance the (Ms. STABENOW) and the Senator from S. 672 national defense through empowerment Alaska (Mr. BEGICH) were added as co- At the request of Mr. ROCKEFELLER, of the National Guard, enhancement of sponsors of S. 1421, a bill to authorize the name of the Senator from Michigan the functions of the National Guard the Peace Corps Commemorative Foun- (Ms. STABENOW) was added as a cospon- Bureau, and improvement of Federal- dation to establish a commemorative sor of S. 672, a bill to amend the Inter- State military coordination in domes- work in the District of Columbia and nal Revenue Code of 1986 to extend and tic emergency response, and for other its environs, and for other purposes. modify the railroad track maintenance purposes. S. 1460 credit. S. 1214 At the request of Mr. BAUCUS, the S. 680 At the request of Mrs. GILLIBRAND, names of the Senator from North Da- At the request of Mr. NELSON of Flor- the name of the Senator from New Jer- kota (Mr. CONRAD), the Senator from ida, his name was added as a cosponsor sey (Mr. MENENDEZ) was added as a co- Arkansas (Mr. PRYOR) and the Senator of S. 680, a bill to authorize the Admin- sponsor of S. 1214, a bill to amend title from Texas (Mrs. HUTCHISON) were istrator of General Services to convey 10, United States Code, regarding re- added as cosponsors of S. 1460, a bill to a parcel of real property in the District strictions on the use of Department of grant the congressional gold medal, of Columbia to provide for the estab- Defense funds and facilities for abor- collectively, to the First Special Serv- lishment of a National Women’s His- tions. ice Force, in recognition of its superior tory Museum. S. 1251 service during World War II. S. 798 At the request of Mr. CARPER, the S. 1500 At the request of Mr. TESTER, the names of the Senator from Alaska (Mr. At the request of Ms. MURKOWSKI, the name of the Senator from Alaska (Mr. BEGICH), the Senator from Louisiana name of the Senator from Alaska (Mr.

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.039 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6051 BEGICH) was added as a cosponsor of S. (Mr. BARRASSO) and the Senator from Party and its affiliates, and calling for 1500, a bill to give Americans access to Arkansas (Mr. PRYOR) were added as an immediate end to the campaign to affordable child-only health insurance cosponsors of S. 1578, a bill to amend persecute Falun Gong practitioners. coverage. the Safe Drinking Water Act with re- S. RES. 274 S. 1508 spect to consumer confidence reports At the request of Mr. WHITEHOUSE, At the request of Mr. MENENDEZ, the by community water systems. the name of the Senator from Michigan names of the Senator from Maryland S. 1583 (Ms. STABENOW) was added as a cospon- (Ms. MIKULSKI) and the Senator from At the request of Mr. INHOFE, the sor of S. Res. 274, a resolution express- Delaware (Mr. COONS) were added as co- name of the Senator from Alabama ing the sense of the Senate that fund- sponsors of S. 1508, a bill to extend loan (Mr. SESSIONS) was added as a cospon- ing for the Federal Pell Grant program limits for programs of the Federal sor of S. 1583, a bill to amend the Inter- should not be cut in any deficit reduc- Housing Administration, the govern- nal Revenue Code of 1986 to provide a tion program. ment-sponsored enterprises, and the tax deduction for the purchase, con- f Department of Veterans Affairs, and struction, and installation of a safe STATEMENTS ON INTRODUCED for other purposes. room or storm shelter, and for other BILLS AND JOINT RESOLUTIONS S. 1512 purposes. By Mr. CARDIN (for himself and At the request of Mr. CARDIN, the S. 1616 Ms. MIKULSKI): name of the Senator from Missouri At the request of Mr. MENENDEZ, the (Mr. BLUNT) was added as a cosponsor S. 1638. A bill to authorize the Sec- name of the Senator from Washington retary of the Interior to conduct a spe- of S. 1512, a bill to amend the Internal (Ms. CANTWELL) was added as a cospon- Revenue Code of 1986 and the Small cial resource study of P.S. 103 in West sor of S. 1616, a bill to amend the Inter- Baltimore, Maryland and for other pur- Business Act to expand the availability nal Revenue Code of 1986 to exempt cer- of employee stock ownership plans in S poses; to the Committee on Energy and tain stock of real estate investment Natural Resources. corporations, and for other purposes. trusts from the tax on foreign invest- S. 1513 Mr. CARDIN. Mr. President, today I ments in United States real property am proud to introduce the Justice At the request of Mr. SCHUMER, the interests, and for other purposes. name of the Senator from New York Thurgood Marshall’s Elementary S. 1619 School Study Act. The elementary (Mrs. GILLIBRAND) was added as a co- At the request of Mr. BROWN of Ohio, sponsor of S. 1513, a bill to amend title school that Justice Marshall attended, the names of the Senator from West XII of the Social Security Act to ex- known as PS 103, located in my home- Virginia (Mr. ROCKEFELLER), the Sen- tend the provision waiving certain in- town of Baltimore, is a place of na- ator from Minnesota (Mr. FRANKEN) terest payments on advances made to tional significance because it marks and the Senator from Vermont (Mr. States from the Federal unemployment the site where one of our Nation’s SANDERS) were added as cosponsors of account in the Unemployment Trust greatest legal minds began his edu- S. 1619, a bill to provide for identifica- Fund. cation. tion of misaligned currency, require Thurgood Marshall is well known as S. 1514 action to correct the misalignment, one of the most significant historical At the request of Mr. TESTER, the and for other purposes. figures of the American civil rights names of the Senator from West Vir- S. 1621 movement. By the time he was 32, he ginia (Mr. ROCKEFELLER), the Senator At the request of Mr. MENENDEZ, the was appointed the chief legal counsel from Michigan (Ms. STABENOW), the name of the Senator from New York for the National Association for the Senator from Iowa (Mr. HARKIN) and (Mr. SCHUMER) was added as a cospon- Advancement of Colored People, the Senator from Delaware (Mr. CAR- sor of S. 1621, a bill to create livable NAACP. He served at the NAACP a PER) were added as cosponsors of S. total of 25 years and was a key strate- 1514, a bill to authorize the President communities through coordinated pub- gist to end racial segregation through- to award a gold medal on behalf of the lic investment and streamlined re- out the United States. Congress to Elouise Pepion Cobell, in quirements, and for other purposes. S. 1623 Perhaps the greatest illustration of recognition of her outstanding and en- this effort was his victory before the during contributions to American Indi- At the request of Mr. CASEY, the name of the Senator from Connecticut Supreme Court overturning the Plessy ans, Alaska Natives, and the Nation doctrine of ‘separate but equal’ and (Mr. BLUMENTHAL) was added as a co- through her tireless pursuit of justice. ending school segregation with the S. 1538 sponsor of S. 1623, a bill to provide a processing extension for emergency landmark decision in Brown v. Board of At the request of Ms. COLLINS, the Education of Topeka, KS in 1954. Not name of the Senator from Wyoming mortgage relief payments, and for other purposes. only did this case open up educational (Mr. ENZI) was added as a cosponsor of opportunity and sparked the civil S. 1538, a bill to provide for a time-out S. RES. 80 rights movement in this nation, it also on certain regulations, and for other At the request of Mr. KIRK, the name established Thurgood Marshall, still a purposes. of the Senator from Minnesota (Ms. young attorney from Baltimore, as one S. 1540 KLOBUCHAR) was added as a cosponsor of the greatest legal minds in all the At the request of Mr. CASEY, the of S. Res. 80, a resolution condemning land. This case was just one of the 29 name of the Senator from Delaware the Government of Iran for its state- cases he won before the U.S. Supreme (Mr. COONS) was added as a cosponsor sponsored persecution of its Baha’i mi- Court. of S. 1540, a bill to amend the Internal nority and its continued violation of Fittingly, Marshall was the first Af- Revenue Code of 1986 to allow credits the International Covenants on Human rican American confirmed to the Su- for the purchase of franchises by vet- Rights. preme Court. He was nominated by erans. S. RES. 232 President Lyndon B. Johnson in 1967 S. 1576 At the request of Mr. MENENDEZ, the and served 24 years, until 1991. On the At the request of Ms. LANDRIEU, the name of the Senator from Arkansas high court, Marshall continued his name of the Senator from Maryland (Mr. BOOZMAN) was added as a cospon- fight for the Constitutional protection (Mr. CARDIN) was added as a cosponsor sor of S. Res. 232, a resolution recog- of individual human rights. of S. 1576, a bill to measure the nizing the continued persecution of But Thurgood Marshall was not al- progress of relief, recovery, reconstruc- Falun Gong practitioners in China on ways a legal giant. He was once a tion, and development efforts in Haiti the 12th anniversary of the campaign young boy growing up in West Balti- following the earthquake of January by the Chinese Communist Party to more. He received the first 6 years of 12, 2010, and for other purposes. suppress the Falun Gong movement, his public education at PS 103. An S. 1578 recognizing the Tuidang movement apocryphal story goes that a young At the request of Mr. TOOMEY, the whereby Chinese citizens renounce Thurgood Marshall studied the U.S. names of the Senator from Wyoming their ties to the Chinese Communist Constitution in the basement of the

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.040 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6052 CONGRESSIONAL RECORD — SENATE October 3, 2011 building while serving detention. Re- study area by the Federal Government, to arbitrary, supra-market rents, forced gardless of whether or not this is true, State or local government entities, or pri- evictions, threats, and harassment; the building powerfully tells the story vate and nonprofit organizations; Whereas insecurity of land and property of racial segregation in America, PS (4) consult with interested Federal agen- tenure severely inhibits economic develop- cies, State or local governmental entities, ment by undermining investment incentives 103 was a ‘‘blacks only’’ school when private and nonprofit organizations, or any and constraining the growth of credit mar- Justice Marshall was a student there, other interested individuals; kets, imperils the ability of families to and the rise of one of the country’s (5) identify cost estimates for any Federal achieve sustainable livelihoods and assured paramount thinkers and pioneers in acquisition, development, interpretation, op- access to shelter, and often contributes to the civil rights movement. eration, and maintenance associated with conflict over property rights; The building is located at 1315 Divi- the alternatives; and Whereas women are affected sion Street in the Upton Neighborhood (6) identify any authorities that would disproportionally by forced evictions and in- secure tenure as a result of gender-based dis- of Old West Baltimore. The building is compel or permit the Secretary to influence local land use decisions under the alter- crimination, often including gender-biased part of the Old West Baltimore Na- natives. laws that define women as legal minors or tional Register Historic District, and is (c) APPLICABLE LAW.—The study required otherwise prevent them from acquiring and listed as a contributing historic re- under subsection (a) shall be conducted in securing land, property, and housing lease or source for the neighborhood. The Old accordance with section 8 of Public Law 91– ownership rights, making them more vulner- West Baltimore historic district is one 383 (16 U.S.C. 1a–5). able to poverty, violence, and sexual abuse; of the largest predominately African (d) REPORT.—Not later than 3 years after Whereas many of the world’s large cities the date on which funds are first made avail- are located in low-lying coastal areas that American historic districts in the able to carry out the study under subsection are more susceptible to environmental country, and its significance is cen- (a), the Secretary shall submit to the Com- events and face serious threats from the ef- tered on the African American experi- mittee on Natural Resources of the House of fects of climate change such as storm surges; ence in the area. Representatives and the Committee on En- Whereas the slum dwellers in low-lying In Baltimore, we are fortunate to ergy and Natural Resources of the Senate a coastal cities are disproportionately affected have the National Park Service operate report that describes— by disasters; two historical sites, Fort McHenry and (1) the results of the study; and Whereas, according to the International the Hampton Mansion. Adding PS 103 (2) any conclusions and recommendations Organization for Migration, there could be of the Secretary. up to 200,000,000 environmentally-induced mi- is a unique opportunity for the Na- f grants by 2050, many of whom will be forced tional Park Service to work in Balti- from their homes by rising sea levels and the more’s inner-city and to expand its SUBMITTED RESOLUTIONS increased frequency of flooding or drought, ability to engage people around African thereby challenging the security of the American history. United States and United States allies; Needless to say, Thurgood Marshall’s SENATE RESOLUTION 285—SUP- Whereas adequate housing and universal legacy is one that should be preserved. PORTING THE GOALS AND access to basic shelter serve as catalysts for economic, social, and democratic develop- He was one of our country’s greatest IDEALS OF WORLD HABITAT DAY, OCTOBER 3, 2011 ment in the United States and elsewhere; legal minds and a prominent historical Whereas international organizations, faith- figure of one chapter of our country’s Mr. KERRY (for himself, Mr. CARDIN, based groups, and nonprofits are working to- great history—the civil rights move- Mr. DURBIN, and Mr. AKAKA) submitted wards providing safe, affordable, and decent ment. This bill authorizes the Sec- the following resolution; which was re- shelter for all; and retary of the Interior to conduct a spe- ferred to the Committee on Foreign Whereas the 2006 National Security Strat- cial resource study of PS 103 to evalu- Relations: egy states, ‘‘America’s national interests and moral values drive us in the same direc- ate the suitability and feasibility of es- S. RES. 285 tion: to assist the world’s poor citizens and tablishing the building as a unit of the Whereas the United Nations has designated least developed nations and help integrate National Park Service. Preserving the the first Monday of October every year as them into the global economy’’: Now, there- building that was Justice Marshall’s el- World Habitat Day, and the theme of 2011 fore, be it ementary school will give Americans World Habitat Day is Cities and Climate Resolved, That the Senate— insight into Justice Marshall’s child- Change; (1) supports the goals and ideals of World hood. Whereas World Habitat Day calls on global Habitat Day; and citizens to reflect on the state of our towns (2) reflects on the state of our cities and Mr. President, I ask unanimous con- and cities and the importance of adequate towns and the importance of adequate shel- sent that the text of the bill be printed shelter and serves as a reminder of our col- ter and is reminded of our shared responsi- in the RECORD. lective responsibility for the future of the bility for the future of the human habitat; There being no objection, the text of human habitat; (3) underscores the importance of a sus- the bill was ordered to be printed in Whereas approximately 51 percent of the tainable urban development strategy that— the RECORD, as follows: world’s population currently lives in cities of (A) promotes equitable access to— S. 1638 all sizes and produces the majority of the (i) basic shelter and affordable housing, world’s economic output; particularly by residents of slums and infor- Be it enacted by the Senate and House of Rep- Whereas projections indicate that 2⁄3 of the mal settlements and similar densely popu- resentatives of the United States of America in world’s population will reside in cities just lated, impoverished urban areas; and Congress assembled, over a generation from now; (ii) safe water and sanitation; SECTION 1. SHORT TITLE. Whereas approximately 1,000,000,000 people (B) promotes gender equality and women’s This Act may be cited as the ‘‘Thurgood currently live in slums, and more than half empowerment; Marshall’s Elementary School Study Act’’. of this population is under the age of 25; (C) supports access to sustainable and re- SEC. 2. DEFINITIONS. Whereas it is estimated that, by 2030, the newable sources of energy; In this Act: number of people living in slums will double; (D) employs innovative approaches to (1) SECRETARY.—The term ‘‘Secretary’’ Whereas, according to the Center for Dis- urban development challenges; means the Secretary of the Interior. ease Control and Prevention, approximately (E) leverages United States Government (2) STUDY AREA.—The term ‘‘study area’’ 884,000,000 people lack adequate access to resources through collaborative partnership means P.S. 103, the public school located in safe water, and nearly 50 percent of the de- with foreign governments, intergovern- West Baltimore, Maryland, which Thurgood veloping world’s population, over 2,500,000,000 mental organizations, private sector enti- Marshall attended as a youth. people, lack access to sanitation services; ties, and nonprofit and community-based or- SEC. 3. SPECIAL RESOURCE STUDY. Whereas the Center for Disease Control ganizations; (a) STUDY.—The Secretary shall conduct a and Prevention estimates that unsafe drink- (F) operates to a scale that ensures sus- special resource study of the study area. ing water, inadequate sanitation, and poor tainability; (b) CONTENTS.—In conducting the study hygiene contribute to the deaths of more (G) addresses current and future effects of under subsection (a), the Secretary shall— than 1,500,000 children younger than 5 years climate change on cities; and (1) evaluate the national significance of of age per year; (H) improves environmental sustainability the study area; Whereas, according to the World Bank, in urban areas; and (2) determine the suitability and feasi- more than 1,400,000,000 people still live with- (4) encourages the leaders and citizens of bility of designating the study area as a unit out electricity, a critical component of eco- cities, which are the source of, and solution of the National Park System; nomic growth and development; to, many of the world’s development chal- (3) consider other alternatives for preserva- Whereas insecure lease and real property lenges, to build upon their successful experi- tion, protection, and interpretation of the ownership tenure often subject slum dwellers ences and develop more ambitious goals for

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G03OC6.020 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6053 urban sustainable development at the up- and Natural Resources. The hearing SMALL BUSINESS PROGRAM coming United Nations Conference on Sus- will be held on Tuesday, October 4, EXTENSION AND REFORM ACT tainable Development to be held June 4-6, 2011, at 10 a.m., in room SD–366 of the 2012, in Rio de Janeiro, Brazil. On Monday, September 26, 2011, the Dirksen Senate Office Building. Senate agreed to the motion to concur f The purpose of the hearing is to re- to the amendment of the House to the ceive testimony on the Secretary of AMENDMENTS SUBMITTED AND amendment of the Senate to H.R. 2608, Energy Advisory Board’s Shale Gas PROPOSED with an amendment, as follows: Production Subcommittee’s 90-day re- SA 669. Mr. MERKLEY (for himself, Mr. port. H.R. 2608 ENZI, and Mr. BARRASSO) submitted an Because of the limited time available Resolved, That the bill from the House of amendment intended to be proposed by him for the hearing, witnesses may testify Representatives (H.R. 2608) entitled ‘‘An Act to the bill S. 1619, to provide for identifica- by invitation only. However, those to provide for an additional temporary ex- tion of misaligned currency, require action tension of programs under the Small Busi- to correct the misalignment, and for other wishing to submit written testimony ness Act and the Small Business Investment purposes; which was ordered to lie on the for the hearing record may do so by Act of 1958, and for other purposes.’’, do pass table. sending it to the Committee on Energy with the following Senate amendment to and Natural Resources, United States House amendment to Senate amendment: f Senate, Washington, DC 20510–6150, or In lieu of the matter proposed to be in- TEXT OF AMENDMENTS by e-mail to Abigail_Campbell serted by the House amendment to Senate @energy.Senate.gov. amendment, insert the following: SA 669. Mr. MERKLEY (for himself, That the following sums are hereby appro- Mr. ENZI, and Mr. BARRASSO) submitted For further information, please con- tact Allyson Anderson at (202) 224–7143 priated, out of any money in the Treasury not an amendment intended to be proposed otherwise appropriated, and out of applicable by him to the bill S. 1619, to provide for or Abigail Campbell at (202) 224–1219. corporate or other revenues, receipts, and funds, identification of misaligned currency, COMMITTEE ON INDIAN AFFAIRS for the several departments, agencies, corpora- require action to correct the misalign- Mr. AKAKA. Mr. President, I would tions, and other organizational units of Govern- ment, and for other purposes; which like to announce that the Committee ment for fiscal year 2012, and for other pur- was ordered to lie on the table; as fol- on Indian Affairs will meet on Thurs- poses, namely: SEC. 101. (a) Such amounts as may be nec- lows: day, October 6, 2011, at 2:15 p.m. in room 628 of the Dirksen Senate Office essary, at a rate for operations as provided in At the end, add the following: Building to conduct a hearing entitled the applicable appropriations Acts for fiscal SEC. ll. MANDATORY DISCLOSURE BY THE year 2011 and under the authority and condi- UNITED STATES IF MEMBERS OF ‘‘Internet Infrastructure in Native tions provided in such Acts, for continuing THE WORLD TRADE ORGANIZATION Communities: Equal Access to E-Com- projects or activities (including the costs of di- FAIL TO DISCLOSE SUBSIDIES merce, Jobs and the Global Market- rect loans and loan guarantees) that are not UNDER THE AGREEMENT ON SUB- place.’’ otherwise specifically provided for in this Act, SIDIES AND COUNTERVAILING MEASURES. Those wishing additional information that were conducted in fiscal year 2011, and for which appropriations, funds, or other authority (a) IN GENERAL.—The United States Trade may contact the Indian Affairs Com- Representative shall— mittee at (202) 224–2251. were made available in the following appropria- tions Acts: (1) review each notification of subsidies PERMANENT SUBCOMMITTEE ON INVESTIGATIONS (1) The Department of Defense Appropriations submitted under Article 25 of the Agreement Mr. LEVIN. Mr. President, I would Act, 2011 (division A of Public Law 112–10). on Subsidies and Countervailing Measures by like to announce for the information of (2) The Full-Year Continuing Appropriations a member of the World Trade Organization the Senate and the public that the Per- Act, 2011 (division B of Public Law 112–10). with which the United States maintains a manent Subcommittee on Investiga- (b) The rate for operations provided by sub- material and persistent trade deficit; tions of the Committee on Homeland section (a) is hereby reduced by 1.503 percent. (2) identify any such member that, for 2 SEC. 102. (a) No appropriation or funds made consecutive years— Security and Governmental Affairs has scheduled a hearing entitled, ‘‘Exces- available or authority granted pursuant to sec- (A) fails to submit such a notification; or tion 101 for the Department of Defense shall be (B) omits information or includes inac- sive Speculation and Compliance with the Dodd-Frank Act.’’ The Sub- used for (1) the new production of items not curate information in such a notification funded for production in fiscal year 2011 or that is material with respect to the totality committee plans to hold a hearing on prior years; (2) the increase in production rates of the subsidies of the member; and speculation in the commodities mar- above those sustained with fiscal year 2011 (3) notify the Committee on Subsidies and kets and implementation of the Dodd- funds; or (3) the initiation, resumption, or con- Countervailing Measures under Article 25 of Frank Act’s provisions on speculative tinuation of any project, activity, operation, or the Agreement on Subsidies and Counter- position limits for futures, options, and organization (defined as any project, subproject, vailing Measures of the subsidies of a mem- swap contracts for oil and other com- activity, budget activity, program element, and ber identified under paragraph (2) not later subprogram within a program element, and for than 180 days after— modities. Hearing witnesses will in- clude a panel of experts and the Chair- any investment items defined as a P–1 line item (A) in the case of a member identified in a budget activity within an appropriation ac- under paragraph (2)(A), the date on which man of the Commodity Futures Trad- count and an R–1 line item that includes a pro- the second notification not submitted by the ing Commission. gram element and subprogram element within member was required to be submitted; or The Subcommittee hearing has been an appropriation account) for which appropria- (B) in the case of a member identified scheduled for Thursday, October 6, 2011, tions, funds, or other authority were not avail- under paragraph (2)(B), the date of the sub- at 9:30 a.m., in room 342 of the Dirksen able during fiscal year 2011. mission of the second notification in which Senate Office Building. For further in- (b) No appropriation or funds made available the information was omitted or the inac- formation, please contact Elise Bean of or authority granted pursuant to section 101 for curate information was included, as the case the Department of Defense shall be used to ini- may be. the Permanent Subcommittee on In- vestigations at (202) 224–9505. tiate multi-year procurements utilizing advance (b) AGREEMENT ON SUBSIDIES AND COUNTER- procurement funding for economic order quan- VAILING MEASURES DEFINED.—The term f tity procurement unless specifically appro- ‘‘Agreement on Subsidies and Countervailing PRIVILEGES OF THE FLOOR priated later. Measures’’ means the Agreement on Sub- SEC. 103. Appropriations made by section 101 sidies and Countervailing Measures referred Mr. SCHUMER. Mr. President, I ask shall be available to the extent and in the man- to in section 101(d)(12) of the Uruguay Round unanimous consent that the following ner that would be provided by the pertinent ap- Agreements Act (19 U.S.C. 3511(d)(12)). members of my staff and the com- propriations Act. f mittee staff be granted the privilege of SEC. 104. Except as otherwise provided in sec- the floor during consideration of S. tion 102, no appropriation or funds made avail- NOTICES OF HEARINGS 1619: Jane Beard, Sarah Babcock, able or authority granted pursuant to section COMMITTEE ON ENERGY AND NATURAL Danielle Fidler, Sara Harshman, Mad- 101 shall be used to initiate or resume any RESOURCES eline Forbis, Laura Jaskierski, Ste- project or activity for which appropriations, Mr. BINGAMAN. Mr. President, I funds, or other authority were not available phen Simpson, Jonathan Goldman, during fiscal year 2011. would like to announce for the infor- Cosimo Thawley, and Miranda Dalpiaz. SEC. 105. Appropriations made and authority mation of the Senate and the public The ACTING PRESIDENT pro tem- granted pursuant to this Act shall cover all obli- that a hearing has been scheduled be- pore. Without objection, it is so or- gations or expenditures incurred for any project fore the Senate Committee on Energy dered. or activity during the period for which funds or

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Res. 13 (111th Congress), the (c) Notwithstanding section 9(y)(6) of the Act or in the applicable appropriations Act for concurrent resolution on the budget for fiscal Small Business Act (15 U.S.C. 638(y)(6)), the fiscal year 2012, appropriations and funds made year 2010, is designated by the Congress for pilot program under section 9(y) of such Act available and authority granted pursuant to Overseas Contingency Operations/Global War shall continue in effect through the date speci- this Act shall be available until whichever of the on Terrorism pursuant to section 251(b)(2)(A) of fied in section 106(3) of this Act. following first occurs: (1) the enactment into the Balanced Budget and Emergency Deficit SEC. 124. Section 8909a(d)(3)(A)(v) of title 5, law of an appropriation for any project or activ- Control Act of 1985, except that such amount United States Code, is amended by striking ity provided for in this Act; (2) the enactment shall be available only if the President subse- ‘‘September 30, 2011’’ and inserting the date into law of the applicable appropriations Act for quently so designates such amount and trans- specified in section 106(3) of this Act. fiscal year 2012 without any provision for such mits such designation to the Congress. Section SEC. 125. (a) Notwithstanding section 101, project or activity; or (3) November 18, 2011. 101(b) of this Act shall not apply to any amount amounts are provided for ‘‘Department of Home- SEC. 107. Expenditures made pursuant to this so designated. land Security—Federal Emergency Management Act shall be charged to the applicable appro- (b) Subsection (a) shall not apply to amounts Agency—Disaster Relief’’ at a rate for oper- priation, fund, or authorization whenever a bill for ‘‘Department of Justice—Federal Bureau of ations of $2,650,000,000: Provided, That the Sec- in which such applicable appropriation, fund, Investigation—Salaries and Expenses’’. retary of Homeland Security shall provide a full or authorization is contained is enacted into SEC. 115. During the period covered by this accounting of disaster relief funding require- law. Act, discretionary amounts appropriated for fis- ments for such account for fiscal year 2012 not SEC. 108. Appropriations made and funds cal year 2012 that were provided in advance by later than 15 days after the date of the enact- made available by or authority granted pursu- appropriations Acts shall be available in the ment of this Act, and for fiscal year 2013 in con- ant to this Act may be used without regard to amounts provided in such Acts, reduced by the junction with the submission of the President’s the time limitations for submission and approval percentage in section 101(b). budget request for fiscal year 2013. of apportionments set forth in section 1513 of SEC. 116. Notwithstanding section 101, (b) The accounting described in subsection (a) title 31, United States Code, but nothing in this amounts made available by this Act for ‘‘De- for each fiscal year shall include estimates of Act may be construed to waive any other provi- partment of Defense—Operation and Mainte- the following amounts: sion of law governing the apportionment of nance—Operation and Maintenance, Air Force’’ (1) The unobligated balance of funds in such funds. may be used by the Secretary of Defense for op- account that has been (or will be) carried over SEC. 109. Notwithstanding any other provision erations and activities of the Office of Security to such fiscal year from prior fiscal years. of this Act, except section 106, for those pro- Cooperation in Iraq and security assistance (2) The unobligated balance of funds in such grams that would otherwise have high initial teams, including life support, transportation account that will be carried over from such fis- rates of operation or complete distribution of ap- and personal security, and facilities renovation cal year to the subsequent fiscal year. (3) The amount of the rolling average of non- propriations at the beginning of fiscal year 2012 and construction: Provided, That the authority catastrophic disasters, and the specific data because of distributions of funding to States, made by this section shall continue in effect used to calculate such rolling average, for such foreign countries, grantees, or others, such high through the date specified in section 106(3) of fiscal year. initial rates of operation or complete distribu- this Act: Provided further, That section 9014 of (4) The amount that will be obligated each tion shall not be made, and no grants shall be division A of Public Law 112–10 shall not apply month for catastrophic events, delineated by awarded for such programs funded by this Act to funds appropriated by this Act. event and State, and the total remaining fund- that would impinge on final funding preroga- SEC. 117. Notwithstanding section 101, funds ing that will be required after such fiscal year tives. made available in title IX of division A of Public for each such catastrophic event for each State. SEC. 110. This Act shall be implemented so Law 112–10 for ‘‘Overseas Contingency Oper- (5) The amount of previously obligated funds that only the most limited funding action of ations’’ shall be available at a rate for oper- that will be recovered each month of such fiscal that permitted in the Act shall be taken in order ations not to exceed the rate permitted by H.R. year. to provide for continuation of projects and ac- 2219 (112th Congress) as passed by the House of (6) The amount that will be required in such tivities. Representatives on July 8, 2011. fiscal year for emergencies, as defined in section SEC. 111. (a) For entitlements and other man- SEC. 118. The authority provided by section 102(1) of the Robert T. Stafford Disaster Relief datory payments whose budget authority was 127b of title 10, United States Code, shall con- and Emergency Assistance Act (42 U.S.C. provided in appropriations Acts for fiscal year tinue in effect through the date specified in sec- 5122(1)). 2011, and for activities under the Food and Nu- tion 106(3) of this Act. (7) The amount that will be required in such trition Act of 2008, activities shall be continued SEC. 119. The authority provided by section fiscal year for major disasters, as defined in sec- at the rate to maintain program levels under 1202 of the John Warner National Defense Au- tion 102(2) of the Robert T. Stafford Disaster Re- current law, under the authority and conditions thorization Act for Fiscal Year 2007 (Public Law lief and Emergency Assistance Act (42 U.S.C. provided in the applicable appropriations Act 109–364; 120 Stat. 2412), as extended by section 5122(2)). for fiscal year 2011, to be continued through the 1204(b) of the Duncan Hunter National Defense (8) The amount that will be required in such date specified in section 106(3). Authorization Act for Fiscal Year 2009 (Public fiscal year for fire management assistance (b) Notwithstanding section 106, obligations Law 110–417; 122 Stat. 4623), shall continue in grants, as defined in section 420 of the Robert T. for mandatory payments due on or about the effect through the date specified in section Stafford Disaster Relief and Emergency Assist- first day of any month that begins after October 106(3) of this Act. ance Act (42 U.S.C. 5187). 2011 but not later than 30 days after the date SEC. 120. Notwithstanding section 101, SEC. 126. Any funds made available pursuant specified in section 106(3) may continue to be amounts are provided for ‘‘Defense Nuclear Fa- to section 101 for the Department of Homeland made, and funds shall be available for such cilities Safety Board—Salaries and Expenses’’ at Security may be obligated at a rate for oper- payments. a rate for operations of $29,130,000. ations necessary to sustain essential security ac- SEC. 112. Amounts made available under sec- SEC. 121. Notwithstanding any other provision tivities, such as: staffing levels of operational tion 101 for civilian personnel compensation and of this Act, except section 106, the District of Co- personnel; immigration enforcement and re- benefits in each department and agency may be lumbia may expend local funds under the head- moval functions, including sustaining not less apportioned up to the rate for operations nec- ing ‘‘District of Columbia Funds’’ for such pro- than necessary detention bed capacity; and essary to avoid furloughs within such depart- grams and activities under title IV of H.R. 2434 United States Secret Service protective activities, ment or agency, consistent with the applicable (112th Congress), as reported by the Committee including protective activities necessary to se- appropriations Act for fiscal year 2011, except on Appropriations of the House of Representa- cure National Special Security Events. The Sec- that such authority provided under this section tives, at the rate set forth under ‘‘District of Co- retary of Homeland Security shall notify the shall not be used until after the department or lumbia Funds—Summary of Expenses’’ as in- Committees on Appropriations of the House of agency has taken all necessary actions to re- cluded in the Fiscal Year 2012 Budget Request Representatives and the Senate on each use of duce or defer non-personnel-related administra- Act of 2011 (D.C. Act 19–92), as modified as of the authority provided in this section. tive expenses. the date of the enactment of this Act. SEC. 127. The authority provided by section SEC. 113. Funds appropriated by this Act may SEC. 122. Notwithstanding section 101, 532 of Public Law 109–295 shall continue in ef- be obligated and expended notwithstanding sec- amounts are provided for the necessary expenses fect through the date specified in section 106(3) tion 10 of Public Law 91–672 (22 U.S.C. 2412), of the Recovery Accountability and Trans- of this Act. section 15 of the State Department Basic Au- parency Board, to carry out its functions under SEC. 128. The authority provided by section thorities Act of 1956 (22 U.S.C. 2680), section 313 title XV of division A of the American Recovery 831 of the Homeland Security Act of 2002 (6 of the Foreign Relations Authorization Act, Fis- and Reinvestment Act of 2009 (Public Law 111– U.S.C. 391) shall continue in effect through the cal Years 1994 and 1995 (22 U.S.C. 6212), and 5), at a rate for operations of $28,350,000. date specified in section 106(3) of this Act. section 504(a)(1) of the National Security Act of SEC. 123. (a) Section 9(m) of the Small Busi- SEC. 129. Section 550(b) of the Department of 1947 (50 U.S.C. 414(a)(1)). ness Act (15 U.S.C. 638(m)) shall be applied by Homeland Security Appropriations Act, 2007 (6 SEC. 114. (a) Except as provided in subsection substituting the date specified in section 106(3) U.S.C. 121 note) shall be applied by substituting (b), each amount incorporated by reference in of this Act for ‘‘September 30, 2011’’. the date specified in section 106(3) of this Act for this Act that was previously designated as being (b) Notwithstanding section 9(n)(1)(A) of the ‘‘October 4, 2011’’. for contingency operations directly related to Small Business Act (15 U.S.C. 638(n)(1)(A)), the SEC. 130. Sections 1309(a) and 1319 of the Na- the global war on terrorism pursuant to section Small Business Technology Transfer Program tional Flood Insurance Act of 1968 (42 U.S.C.

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4016(a) and 4026) shall be applied by sub- Strike all after the enacting clause and in- SEC. 108. Appropriations made and funds stituting the date specified in section 106(3) of sert the following: made available by or authority granted pursu- this Act for ‘‘September 30, 2011’’. That the following sums are hereby appro- ant to this Act may be used without regard to SEC. 131. Section 330 of the Department of the priated, out of any money in the Treasury not the time limitations for submission and approval Interior and Related Agencies Appropriations otherwise appropriated, and out of applicable of apportionments set forth in section 1513 of Act, 2001 (42 U.S.C. 1701 note), concerning Serv- corporate or other revenues, receipts, and funds, title 31, United States Code, but nothing in this ice First authorities, shall continue in effect for the several departments, agencies, corpora- Act may be construed to waive any other provi- through the date specified in section 106(3) of tions, and other organizational units of Govern- sion of law governing the apportionment of this Act. ment for fiscal year 2012, and for other pur- funds. SEC. 132. Notwithstanding section 101, section poses, namely: SEC. 109. Notwithstanding any other provision 1807 of Public Law 112–10 shall be applied by SEC. 101. (a) Such amounts as may be nec- of this Act, except section 106, for those pro- substituting ‘‘$374,743,000’’ for ‘‘$363,843,000’’ essary, at a rate for operations as provided in grams that would otherwise have high initial and ‘‘$10,900,000’’ for ‘‘$3,000,000’’. the applicable appropriations Acts for fiscal rates of operation or complete distribution of ap- SEC. 133. The second proviso of section year 2011 and under the authority and condi- propriations at the beginning of fiscal year 2012 1801(a)(3) of Public Law 112–10 is amended by tions provided in such Acts, for continuing because of distributions of funding to States, striking ‘‘appropriation under this subpara- projects or activities (including the costs of di- foreign countries, grantees, or others, such high graph’’ and inserting ‘‘appropriations made rect loans and loan guarantees) that are not initial rates of operation or complete distribu- available by this Act’’. otherwise specifically provided for in this Act, tion shall not be made, and no grants shall be SEC. 134. Notwithstanding section 101, that were conducted in fiscal year 2011, and for awarded for such programs funded by this Act amounts are provided for ‘‘Federal Mine Safety which appropriations, funds, or other authority that would impinge on final funding preroga- and Health Review Commission—Salaries and were made available in the following appropria- tives. Expenses’’ at a rate for operations of tions Acts: SEC. 110. This Act shall be implemented so $14,510,000. (1) The Department of Defense Appropriations that only the most limited funding action of SEC. 135. Sections 399AA(e), 399BB(g), and Act, 2011 (division A of Public Law 112–10). that permitted in the Act shall be taken in order 399CC(f) of the Public Health Service Act (42 (2) The Full-Year Continuing Appropriations to provide for continuation of projects and ac- U.S.C. 280i(e), 280i–1(g), 280i–2(f)) shall be ap- Act, 2011 (division B of Public Law 112–10). tivities. plied by substituting the date specified in sec- (b) The rate for operations provided by sub- SEC. 111. (a) For entitlements and other man- tion 106(3) of this Act for ‘‘September 30, 2011’’. section (a) is hereby reduced by 1.503 percent. datory payments whose budget authority was SEC. 136. Notwithstanding section 101, section SEC. 102. (a) No appropriation or funds made provided in appropriations Acts for fiscal year 2005 of division B of Public Law 112–10 shall be available or authority granted pursuant to sec- 2011, and for activities under the Food and Nu- applied by substituting ‘‘$0’’ for each dollar tion 101 for the Department of Defense shall be trition Act of 2008, activities shall be continued amount. used for (1) the new production of items not at the rate to maintain program levels under SEC. 137. The Export-Import Bank Act of 1945 funded for production in fiscal year 2011 or current law, under the authority and conditions (12 U.S.C. 635 et seq.) shall be applied by sub- prior years; (2) the increase in production rates provided in the applicable appropriations Act stituting the date specified in section 106(3) of above those sustained with fiscal year 2011 for fiscal year 2011, to be continued through the this Act for ‘‘September 30, 2011’’ in section 7 of funds; or (3) the initiation, resumption, or con- date specified in section 106(3). such Act. tinuation of any project, activity, operation, or (b) Notwithstanding section 106, obligations for mandatory payments due on or about the SEC. 138. Section 209 of the International Reli- organization (defined as any project, subproject, first day of any month that begins after October gious Freedom Act of 1998 (22 U.S.C. 6436) shall activity, budget activity, program element, and 2011 but not later than 30 days after the date be applied by substituting the date specified in subprogram within a program element, and for specified in section 106(3) may continue to be section 106(3) of this Act for ‘‘September 30, any investment items defined as a P–1 line item made, and funds shall be available for such 2011’’. in a budget activity within an appropriation ac- payments. SEC. 139. Commitments to guarantee loans in- count and an R–1 line item that includes a pro- SEC. 112. Amounts made available under sec- curred under the General and Special Risk In- gram element and subprogram element within surance Funds, as authorized by sections 238 tion 101 for civilian personnel compensation and an appropriation account) for which appropria- benefits in each department and agency may be and 519 of the National Housing Act (12 U.S.C. tions, funds, or other authority were not avail- apportioned up to the rate for operations nec- 1715z–3 and 1735c), shall not exceed a rate for able during fiscal year 2011. essary to avoid furloughs within such depart- operations of $25,000,000,000: Provided, That (b) No appropriation or funds made available ment or agency, consistent with the applicable total loan principal, any part of which is to be or authority granted pursuant to section 101 for appropriations Act for fiscal year 2011, except guaranteed, may be apportioned through the the Department of Defense shall be used to ini- that such authority provided under this section date specified in section 106(3) of this Act, at tiate multi-year procurements utilizing advance shall not be used until after the department or $80,000,000 multiplied by the number of days procurement funding for economic order quan- agency has taken all necessary actions to re- covered in this Act. tity procurement unless specifically appro- duce or defer non-personnel-related administra- SEC. 140. (a) RENEWAL OF IMPORT RESTRIC- priated later. tive expenses. TIONS UNDER BURMESE FREEDOM AND DEMOC- SEC. 103. Appropriations made by section 101 SEC. 113. Funds appropriated by this Act may RACY ACT OF 2003.— shall be available to the extent and in the man- be obligated and expended notwithstanding sec- (1) IN GENERAL.—Congress approves the re- ner that would be provided by the pertinent ap- tion 10 of Public Law 91–672 (22 U.S.C. 2412), newal of the import restrictions contained in propriations Act. section 15 of the State Department Basic Au- section 3(a)(1) and section 3A (b)(1) and (c)(1) of SEC. 104. Except as otherwise provided in sec- thorities Act of 1956 (22 U.S.C. 2680), section 313 the Burmese Freedom and Democracy Act of tion 102, no appropriation or funds made avail- of the Foreign Relations Authorization Act, Fis- 2003. able or authority granted pursuant to section cal Years 1994 and 1995 (22 U.S.C. 6212), and (2) RULE OF CONSTRUCTION.—This section 101 shall be used to initiate or resume any section 504(a)(1) of the National Security Act of shall be deemed to be a ‘‘renewal resolution’’ for project or activity for which appropriations, 1947 (50 U.S.C. 414(a)(1)). purposes of section 9 of the Burmese Freedom funds, or other authority were not available SEC. 114. (a) Except as provided in subsection and Democracy Act of 2003. during fiscal year 2011. (b), each amount incorporated by reference in (b) EFFECTIVE DATE.—This section shall take SEC. 105. Appropriations made and authority this Act that was previously designated as being effect on July 26, 2011. granted pursuant to this Act shall cover all obli- for contingency operations directly related to (c) APPLICABILITY.—This section shall not be gations or expenditures incurred for any project the global war on terrorism pursuant to section subject to any other provision of this Act. or activity during the period for which funds or 3(c)(2) of H. Res. 5 (112th Congress) and as an This Act may be cited as the ‘‘Continuing Ap- authority for such project or activity are avail- emergency requirement pursuant to section propriations Act, 2012’’. able under this Act. 403(a) of S. Con. Res. 13 (111th Congress), the f SEC. 106. Unless otherwise provided for in this concurrent resolution on the budget for fiscal Act or in the applicable appropriations Act for DEPARTMENT OF HOMELAND SE- year 2010, is designated by the Congress for fiscal year 2012, appropriations and funds made Overseas Contingency Operations/Global War CURITY APPROPRIATIONS ACT, available and authority granted pursuant to on Terrorism pursuant to section 251(b)(2)(A) of 2012 this Act shall be available until whichever of the the Balanced Budget and Emergency Deficit On Monday, September 26, 2011, the following first occurs: (1) the enactment into Control Act of 1985, except that such amount Senate passed H.R. 2017, as amended, as law of an appropriation for any project or activ- shall be available only if the President subse- follows: ity provided for in this Act; (2) the enactment quently so designates such amount and trans- into law of the applicable appropriations Act for mits such designation to the Congress. Section H.R. 2017 fiscal year 2012 without any provision for such 101(b) of this Act shall not apply to any amount Resolved, That the bill from the House of project or activity; or (3) October 4, 2011. so designated. Representatives (H.R. 2017) entitled ‘‘An Act SEC. 107. Expenditures made pursuant to this (b) Subsection (a) shall not apply to amounts making appropriations for the Department Act shall be charged to the applicable appro- for ‘‘Department of Justice—Federal Bureau of of Homeland Security for the fiscal year end- priation, fund, or authorization whenever a bill Investigation—Salaries and Expenses’’. ing September 30, 2012, and for other pur- in which such applicable appropriation, fund, SEC. 115. During the period covered by this poses.’’, do pass with the following amend- or authorization is contained is enacted into Act, discretionary amounts appropriated for fis- ments: law. cal year 2012 that were provided in advance by

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 6333 E:\CR\FM\A03OC6.030 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6056 CONGRESSIONAL RECORD — SENATE October 3, 2011 appropriations Acts shall be available in the ment of this Act, and for fiscal year 2013 in con- and Health Review Commission—Salaries and amounts provided in such Acts, reduced by the junction with the submission of the President’s Expenses’’ at a rate for operations of percentage in section 101(b). budget request for fiscal year 2013. $14,510,000. SEC. 116. Notwithstanding section 101, (b) The accounting described in subsection (a) SEC. 135. Sections 399AA(e), 399BB(g), and amounts made available by this Act for ‘‘De- for each fiscal year shall include estimates of 399CC(f) of the Public Health Service Act (42 partment of Defense—Operation and Mainte- the following amounts: U.S.C. 280i(e), 280i–1(g), 280i–2(f)) shall be ap- nance—Operation and Maintenance, Air Force’’ (1) The unobligated balance of funds in such plied by substituting the date specified in sec- may be used by the Secretary of Defense for op- account that has been (or will be) carried over tion 106(3) of this Act for ‘‘September 30, 2011’’. erations and activities of the Office of Security to such fiscal year from prior fiscal years. SEC. 136. Notwithstanding section 101, section Cooperation in Iraq and security assistance (2) The unobligated balance of funds in such 2005 of division B of Public Law 112–10 shall be teams, including life support, transportation account that will be carried over from such fis- applied by substituting ‘‘$0’’ for each dollar and personal security, and facilities renovation cal year to the subsequent fiscal year. amount. and construction: Provided, That the authority (3) The amount of the rolling average of non- SEC. 137. The Export-Import Bank Act of 1945 made by this section shall continue in effect catastrophic disasters, and the specific data (12 U.S.C. 635 et seq.) shall be applied by sub- through the date specified in section 106(3) of used to calculate such rolling average, for such stituting the date specified in section 106(3) of this Act: Provided further, That section 9014 of fiscal year. this Act for ‘‘September 30, 2011’’ in section 7 of (4) The amount that will be obligated each division A of Public Law 112–10 shall not apply such Act. month for catastrophic events, delineated by to funds appropriated by this Act. SEC. 138. Section 209 of the International Reli- SEC. 117. Notwithstanding section 101, funds event and State, and the total remaining fund- gious Freedom Act of 1998 (22 U.S.C. 6436) shall made available in title IX of division A of Public ing that will be required after such fiscal year be applied by substituting the date specified in Law 112–10 for ‘‘Overseas Contingency Oper- for each such catastrophic event for each State. section 106(3) of this Act for ‘‘September 30, (5) The amount of previously obligated funds ations’’ shall be available at a rate for oper- 2011’’. that will be recovered each month of such fiscal ations not to exceed the rate permitted by H.R. SEC. 139. Commitments to guarantee loans in- year. curred under the General and Special Risk In- 2219 (112th Congress) as passed by the House of (6) The amount that will be required in such surance Funds, as authorized by sections 238 Representatives on July 8, 2011. fiscal year for emergencies, as defined in section SEC. 118. The authority provided by section and 519 of the National Housing Act (12 U.S.C. 102(1) of the Robert T. Stafford Disaster Relief 127b of title 10, United States Code, shall con- 1715z–3 and 1735c), shall not exceed a rate for and Emergency Assistance Act (42 U.S.C. tinue in effect through the date specified in sec- operations of $25,000,000,000: Provided, That 5122(1)). total loan principal, any part of which is to be tion 106(3) of this Act. (7) The amount that will be required in such SEC. 119. The authority provided by section guaranteed, may be apportioned through the fiscal year for major disasters, as defined in sec- 1202 of the John Warner National Defense Au- date specified in section 106(3) of this Act, at tion 102(2) of the Robert T. Stafford Disaster Re- thorization Act for Fiscal Year 2007 (Public Law $80,000,000 multiplied by the number of days lief and Emergency Assistance Act (42 U.S.C. 109–364; 120 Stat. 2412), as extended by section covered in this Act. 5122(2)). 1204(b) of the Duncan Hunter National Defense (8) The amount that will be required in such SEC. 140. (a) RENEWAL OF IMPORT RESTRIC- Authorization Act for Fiscal Year 2009 (Public fiscal year for fire management assistance TIONS UNDER BURMESE FREEDOM AND DEMOC- Law 110–417; 122 Stat. 4623), shall continue in grants, as defined in section 420 of the Robert T. RACY ACT OF 2003.— (1) IN GENERAL.—Congress approves the re- effect through the date specified in section Stafford Disaster Relief and Emergency Assist- newal of the import restrictions contained in 106(3) of this Act. ance Act (42 U.S.C. 5187). SEC. 120. Notwithstanding section 101, SEC. 126. Any funds made available pursuant section 3(a)(1) and section 3A (b)(1) and (c)(1) of amounts are provided for ‘‘Defense Nuclear Fa- to section 101 for the Department of Homeland the Burmese Freedom and Democracy Act of cilities Safety Board—Salaries and Expenses’’ at Security may be obligated at a rate for oper- 2003. a rate for operations of $29,130,000. ations necessary to sustain essential security ac- (2) RULE OF CONSTRUCTION.—This section SEC. 121. Notwithstanding any other provision tivities, such as: staffing levels of operational shall be deemed to be a ‘‘renewal resolution’’ for of this Act, except section 106, the District of Co- personnel; immigration enforcement and re- purposes of section 9 of the Burmese Freedom lumbia may expend local funds under the head- moval functions, including sustaining not less and Democracy Act of 2003. (b) EFFECTIVE DATE.—This section shall take ing ‘‘District of Columbia Funds’’ for such pro- than necessary detention bed capacity; and effect on July 26, 2011. grams and activities under title IV of H.R. 2434 United States Secret Service protective activities, (c) APPLICABILITY.—This section shall not be (112th Congress), as reported by the Committee including protective activities necessary to se- subject to any other provision of this Act. on Appropriations of the House of Representa- cure National Special Security Events. The Sec- This Act may be cited as the ‘‘Continuing Ap- tives, at the rate set forth under ‘‘District of Co- retary of Homeland Security shall notify the lumbia Funds—Summary of Expenses’’ as in- propriations Act, 2012’’. Committees on Appropriations of the House of Amend the title so as to read: ‘‘An Act cluded in the Fiscal Year 2012 Budget Request Representatives and the Senate on each use of Act of 2011 (D.C. Act 19–92), as modified as of making continuing appropriations for fiscal the authority provided in this section. year 2012, and for other purposes.’’. the date of the enactment of this Act. SEC. 127. The authority provided by section SEC. 122. Notwithstanding section 101, 532 of Public Law 109–295 shall continue in ef- f amounts are provided for the necessary expenses fect through the date specified in section 106(3) EXECUTIVE SESSION of the Recovery Accountability and Trans- of this Act. parency Board, to carry out its functions under SEC. 128. The authority provided by section title XV of division A of the American Recovery 831 of the Homeland Security Act of 2002 (6 EXECUTIVE CALENDAR and Reinvestment Act of 2009 (Public Law 111– U.S.C. 391) shall continue in effect through the 5), at a rate for operations of $28,350,000. date specified in section 106(3) of this Act. Mr. BROWN of Ohio. Mr. President, I SEC. 123. (a) Section 9(m) of the Small Busi- SEC. 129. Section 550(b) of the Department of ask unanimous consent that the Sen- ness Act (15 U.S.C. 638(m)) shall be applied by Homeland Security Appropriations Act, 2007 (6 ate proceed to executive session to con- substituting the date specified in section 106(3) U.S.C. 121 note) shall be applied by substituting sider the following nomination: No. 359; of this Act for ‘‘September 30, 2011’’. the date specified in section 106(3) of this Act for (b) Notwithstanding section 9(n)(1)(A) of the ‘‘October 4, 2011’’. that the nomination be confirmed the Small Business Act (15 U.S.C. 638(n)(1)(A)), the SEC. 130. Sections 1309(a) and 1319 of the Na- motion to reconsider be considered Small Business Technology Transfer Program tional Flood Insurance Act of 1968 (42 U.S.C. made and laid upon the table with no shall continue in effect through the date speci- 4016(a) and 4026) shall be applied by sub- intervening action or debate; that no fied in section 106(3) of this Act. stituting the date specified in section 106(3) of further motions be in order to the nom- (c) Notwithstanding section 9(y)(6) of the this Act for ‘‘September 30, 2011’’. ination; that any related statements be Small Business Act (15 U.S.C. 638(y)(6)), the SEC. 131. Section 330 of the Department of the printed in the RECORD; that the Presi- pilot program under section 9(y) of such Act Interior and Related Agencies Appropriations shall continue in effect through the date speci- Act, 2001 (42 U.S.C. 1701 note), concerning Serv- dent be immediately notified of the fied in section 106(3) of this Act. ice First authorities, shall continue in effect Senate’s action and the Senate resume SEC. 124. Section 8909a(d)(3)(A)(v) of title 5, through the date specified in section 106(3) of legislative session. United States Code, is amended by striking this Act. The PRESIDING OFFICER. Without ‘‘September 30, 2011’’ and inserting the date SEC. 132. Notwithstanding section 101, section objection, it is so ordered. specified in section 106(3) of this Act. 1807 of Public Law 112–10 shall be applied by The nomination considered and con- SEC. 125. (a) Notwithstanding section 101, substituting ‘‘$374,743,000’’ for ‘‘$363,843,000’’ firmed is as follows: amounts are provided for ‘‘Department of Home- and ‘‘$10,900,000’’ for ‘‘$3,000,000’’. land Security—Federal Emergency Management SEC. 133. The second proviso of section DEPARTMENT OF STATE Agency—Disaster Relief’’ at a rate for oper- 1801(a)(3) of Public Law 112–10 is amended by Robert Stephen Ford, of Vermont, a Career ations of $2,650,000,000: Provided, That the Sec- striking ‘‘appropriation under this subpara- Member of the Senior Foreign Service, Class retary of Homeland Security shall provide a full graph’’ and inserting ‘‘appropriations made of Minister-Counselor, to be Ambassador Ex- accounting of disaster relief funding require- available by this Act’’. traordinary and Plenipotentiary of the ments for such account for fiscal year 2012 not SEC. 134. Notwithstanding section 101, United States of America to the Syrian Arab later than 15 days after the date of the enact- amounts are provided for ‘‘Federal Mine Safety Republic.

VerDate Mar 15 2010 03:25 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A03OC6.031 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 3, 2011 CONGRESSIONAL RECORD — SENATE S6057 LEGISLATIVE SESSION ASSISTANT SECRETARY OF STATE (WESTERN HEMI- KILLASHANDRA CANCEL, OF VIRGINIA SPHERE AFFAIRS), VICE ARTURO A. VALENZUELA, RE- YUNG JYONG CERANA, OF VIRGINIA The PRESIDING OFFICER. Under SIGNED. HANNAH CHA, OF OHIO PETER H. CHRISTIANSEN, OF ALASKA NATIONAL INSTITUTE OF BUILDING SCIENCES the previous order, the Senate returns JULIA CLARKE, OF VIRGINIA to legislative session. JAMES T. RYAN, OF UTAH, TO BE A MEMBER OF THE TAVON COOKE, OF NEW JERSEY BOARD OF DIRECTORS OF THE NATIONAL INSTITUTE OF MERCEDES LAVEL CROSBY, OF MASSACHUSETTS f BUILDING SCIENCES FOR A TERM EXPIRING SEPTEMBER CHAD SPENCER CRYDER, OF INDIANA 7, 2013, VICE JAMES BROADDUS, RESIGNED. CHANSONETTA C. CUMMINGS, OF VIRGINIA ORDERS FOR TUESDAY, OCTOBER MATTHEW D CUSTANCE, OF VIRGINIA FOREIGN SERVICE 4, 2011 CYNTHIA CHANG-WEN DAVILA, OF MINNESOTA THE FOLLOWING-NAMED PERSONS OF THE DEPART- RAFAEL DIAZ, OF NEVADA Mr. BROWN of Ohio. Mr. President, I MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- ANDREW H. DOEHLER, OF MARYLAND ask unanimous consent that when the ICE OFFICERS OF THE CLASSES STATED. CLARE E. DOWDLE, OF THE DISTRICT OF COLUMBIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF STEVEN R. DUKE, OF VIRGINIA Senate completes its business today, it CLASS THREE, CONSULAR OFFICER AND SECRETARY IN ANNA DUPONT, OF NEW YORK adjourn until 10 a.m. on Tuesday, Octo- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF EDY ZOHAR DURAN, OF TEXAS TIM EDGE, OF CALIFORNIA ber 4, 2011; that following the prayer AMERICA: TIMOTHY M. BASHOR, OF TEXAS LINDSEY M. ERICKSON, OF MARYLAND and pledge, the Journal of proceedings DANIEL C. CALLAHAN, OF VIRGINIA PARVANEH A. FAKHERI, OF VIRGINIA MIGNON TURNER CARDENTEY, OF NORTH CAROLINA MARY K. FANOUS, OF VIRGINIA be approved to date, the morning hour CHRISTOPHER R. FARLOW, OF FLORIDA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF DAVID W. FARNHAM, OF MARYLAND be deemed expired, and the time for the CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN JESSE F. FERRARA, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF two leaders be reserved for their use LAUREN FRANCES FONDREN, OF TEXAS AMERICA: later in the day; that following any DAVID FREITAS, OF FLORIDA leader remarks, the Senate be in a pe- HOLLY CASSANDRA ALLEN, OF ARIZONA EDUARDO GARCIA, OF TEXAS HAYWARD M. ALTO, OF CALIFORNIA KAM J. GORDON, OF UTAH riod of morning business for 1 hour, D. HEATH BAILEY, OF NEVADA LUKE GREICIUS, OF NEW YORK with Senators permitted to speak LYDIA BETH BARRAZA, OF TEXAS RACHEL L. GROSS, OF CALIFORNIA SETH G. BLAYLOCK, OF VIRGINIA KAY T. HAIRSTON, OF VIRGINIA therein for up to 10 minutes each, with BRANDON LAUT BORKOWICZ, OF CALIFORNIA SHARON MONIQUE HAJI MKANGA, OF MASSACHUSETTS the time equally divided and controlled MARK J. BOSSE, OF CALIFORNIA ALEXANDER FERRELL HALL, OF MINNESOTA CHRISTOPHER IAN BREDING, OF TEXAS KARLENE M. HENNINGER FRELICH, OF MARYLAND between the two leaders or their des- DONALD A. BROWN, OF LOUISIANA ANDREW M. HAMILTON, OF MARYLAND ignees, with the majority controlling CHARLES L. BROWN II, OF TEXAS HAMMAD B. HAMMAD, OF CALIFORNIA ROBERTA R. BURNS, OF NEW YORK CHRISTINA E. D. HARDAWAY, OF GEORGIA the first half and the Republicans con- MICHAEL J CARNEY, OF SOUTH CAROLINA JENNIFER ANNE-MARIE HARWOOD, OF MARYLAND LISA BARANOWSKI CONESA, OF WISCONSIN MICHAEL M. HOLLAND, OF MARYLAND trolling the final half; that following THOMAS PATRICK DALTON, OF TEXAS CHRISTIANA M. HOLLIS, OF FLORIDA THOMAS ROBERT DEBOR, JR., OF PENNSYLVANIA morning business, the Senate resume AARON THEODORE JACKSON, OF CALIFORNIA HADI K. DEEB, OF INDIANA consideration of the motion to proceed ADAM JAGELSKI, OF WASHINGTON JACOB M. DOTY, OF OREGON JESSICA LYNN JARCEV, OF WASHINGTON to S. 1619, the Currency Exchange Rate MARGARET ANN EHR, OF MICHIGAN SARAH H. JESSUP, OF MARYLAND KELLEE ARDEN FARMER, OF KANSAS Oversight Reform Act, postcloture; fur- KATHLEEN JUDGE-MITCHELL, OF FLORIDA KRIS FRESONKE, OF WASHINGTON JAMES J. KANIA, OF PENNSYLVANIA ther, that the Senate recess from 12:30 KEVIN W. FRILOUX, OF TEXAS ASHOK KAUL, OF NEVADA PETER PAUL GALUS, OF CALIFORNIA p.m. until 2:15 p.m. for the weekly cau- MIRA J. KIM, OF ILLINOIS JUAN JAIME GAMBOA, OF TEXAS cus meetings; finally, that at 2:30 p.m., PAUL ANTHONY GHIOTTO, JR., OF FLORIDA CHELSEA M. KINSMAN, OF NEW YORK GRETCHEN MARIE KISER, OF VIRGINIA all postcloture time on the motion to VALLERA MICHELLE GIBSON, OF GEORGIA SEAN S. GREENLEY, OF SOUTH CAROLINA JENNIFER KLARMAN, OF FLORIDA proceed to S. 1619 be yielded back and, SILJE M. GRIMSTAD, OF VIRGINIA COURTNEY KLINE, OF PENNSYLVANIA JOSEPH B. KRINOCK, OF THE DISTRICT OF COLUMBIA following the reporting of the bill, the DELLA R. HARELAND, OF NEVADA THOMAS N. KATEN, OF VIRGINIA BORCHIEN LAI, OF THE DISTRICT OF COLUMBIA majority leader be recognized. SHAMIM KAZEMI, OF MARYLAND JEFFREY R. LAKSHAS, OF WASHINGTON The PRESIDING OFFICER. Without JAY MARSHALL KIMMEL, OF VIRGINIA RENEE L. LARIVIERE, OF VERMONT ELIZABETH K. LEE, OF CALIFORNIA BARBARA LYNN LAWSON, OF VIRGINIA objection, it is so ordered. MARY LOFRISCO-MCCLURE, OF FLORIDA GABRIELLE LEGEAY, OF THE DISTRICT OF COLUMBIA DARRIN WILLIAM STUART MACKINNON, OF VIRGINIA BARBARA ELLEN LESTER, OF PENNSYLVANIA f THERESA J. MANGIONE, OF FLORIDA VICTORIA B. LIU, OF VIRGINIA KUNDAI VICTORIA MASHINGAIDZE, OF CALIFORNIA DAVID K. LORIO, OF VIRGINIA PROGRAM GEORGE D. MATHEWS, OF VIRGINIA AZZAM LOSTAN, OF CALIFORNIA CATHERINE JEAN MCFARLAND, OF FLORIDA MICHAEL B. LUMMUS, OF VIRGINIA Mr. BROWN of Ohio. Mr. President, BETHANY MILTON, OF NEW YORK DEC LY, OF VIRGINIA we will begin consideration of S. 1619 RICHARD MORRIS, OF COLORADO CATHERINE MATHES, OF ILLINOIS MATTHEW ABRAHAM MYERS, SR., OF FLORIDA JOSHUA MCCAVE, OF MARYLAND during Tuesday’s session. Senators will WILLIAM RICHARD NELSON, OF WISCONSIN JENNIFER MCGOWAN, OF VIRGINIA be notified when votes are scheduled. LAREINA L. OCKERMAN, OF VIRGINIA SHANNON MERLO, OF VIRGINIA RYAN M. REID, OF ALASKA SCOTT E. MILGROOM, OF MASSACHUSETTS f AMY E. ROTH, OF LOUISIANA KYLE JOHN MISSBACH, OF TEXAS CHRISTOPHER DAVID SCHEFFMAN, OF TEXAS DANIELLE F. MONAGHAN, OF NEW JERSEY ADJOURNMENT UNTIL 10 A.M. DAVID RYAN SECKINGER, OF TEXAS CHARLEY LUTHER MONTGOMERY, OF CALIFORNIA TOMORROW GARY BARTON STOKES, OF THE DISTRICT OF COLUMBIA SCOTT E. MURPHY, OF VIRGINIA FRANK P. TALLUTO, OF NEW HAMPSHIRE NINA MURRAY, OF NEBRASKA Mr. BROWN of Ohio. If there is no ALEXANDER TATSIS, OF NEW HAMPSHIRE JOHNATHAN S. NASH, OF VIRGINIA ESPERANZA MARIE TILGHMAN, OF CALIFORNIA JULIANA A. NELSON, OF CALIFORNIA further business to come before the JOSEPH ANTHONY TORDELLA, OF FLORIDA STEPHANIE D. NISIVOCCIA, OF VIRGINIA Senate, I ask unanimous consent that RUBANI I. TRIMIEW, OF NEW JERSEY RACHEL OREOLUWA OKUNUBI, OF THE DISTRICT OF CO- JOACHIM VAN BRANDT, OF VIRGINIA LUMBIA it stand adjourned under the previous STAFFORD ASHLEY WARD, OF GEORGIA AMBER M. OLIVA, OF ALASKA order. CLINT ALLAN WATTS, OF COLORADO SEAN P. OLMSTEAD, OF THE DISTRICT OF COLUMBIA There being no objection, the Senate, RICHARD VANCE WHITTEN, OF FLORIDA ADAM R. OLSZOWKA, OF ILLINOIS WHITNEY SCOTT WIEDEMAN, OF TEXAS NATALIE L. PETERSON, OF OHIO at 7:28 p.m., adjourned until Tuesday, ANDREA JP WIKTOWY, OF THE DISTRICT OF COLUMBIA MATTHEW PIERSON, OF VIRGINIA October 4, 2011, at 10 a.m. BRYAN G. WOCKLEY, OF VERMONT WALTON C. PORTER, JR., OF VIRGINIA DARYN L. YODER, OF VIRGINIA NATHAN CLYDE POWELL, OF VIRGINIA f ADAM ZERBINOPOULOS, OF TEXAS LISBETH SANDOY, OF VIRGINIA THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN DINA L. SCHORR, OF THE DISTRICT OF COLUMBIA NOMINATIONS SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES DAVID CLAYTON SCHWARTZ, OF VIRGINIA IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF MATTHEW WILLIAM SCRANTON, OF PENNSYLVANIA Executive nominations received by AMERICA: D. ROSALIND SEWELL, OF GEORGIA the Senate: SUEMAYAH M. ABU-DOULEH, OF ILLINOIS TAU NKOKHELI SHANKLIN ROBERTS, OF THE DISTRICT MICHAEL K. AGNER, JR., OF FLORIDA OF COLUMBIA DEPARTMENT OF AGRICULTURE MEGAN AHEARN, OF PENNSYLVANIA WESLEY C. SHELTON, OF NEVADA MARY ANN SHEPHERD, OF THE DISTRICT OF COLUMBIA MICHAEL T. SCUSE, OF DELAWARE, TO BE UNDER SEC- TRISTAN J. ALLEN, OF ARKANSAS TAMARA RENEE SHIE, OF VIRGINIA RETARY OF AGRICULTURE FOR FARM AND FOREIGN AG- JONATHAN R. ANDERSON, OF VIRGINIA KRISTEN MICHELLE EDIANN SMART, OF THE DISTRICT RICULTURAL SERVICES, VICE JAMES W. MILLER, RE- PAULINE W. ANDERSON, OF CALIFORNIA OF COLUMBIA SIGNED. MICHAEL P. ARENA, OF VIRGINIA CARLA ELENA SNYDER, OF FLORIDA MICHAEL T. SCUSE, OF DELAWARE, TO BE A MEMBER BRIAN DAVID ASCHER, OF FLORIDA THERESA A. CARPENTER SONDJO, OF MARYLAND OF THE BOARD OF DIRECTORS OF THE COMMODITY OSCAR D. AVILA, OF ILLINOIS LACHLYN M. SOPER, OF WISCONSIN CREDIT CORPORATION, VICE JAMES W. MILLER, RE- JASON PERRY AZEVEDO, OF MASSACHUSETTS CELESTE J. STEWART, OF MONTANA SIGNED. FRANCESCO CARLO BARBACCI, OF VIRGINIA ANDREW BARWIG, OF COLORADO KARYN M. STOVALL, OF ILLINOIS UNITED STATES AGENCY FOR INTERNATIONAL JEREMY D. BERTSCH, OF VIRGINIA AKASH RAJ SURI, OF CALIFORNIA DEVELOPMENT TEANCUM T. BEVANS, OF VIRGINIA PAMELA S. TAYLOR, OF VIRGINIA RICHMOND PAUL BLAKE, OF PENNSYLVANIA AARON C. TRUAX, OF NEW HAMPSHIRE EARL W. GAST, OF CALIFORNIA, TO BE AN ASSISTANT JAKE L. BRANSON, OF VIRGINIA KARINA A. VERAS, OF NEW YORK ADMINISTRATOR OF THE UNITED STATES AGENCY FOR PAMELA L. BRANSON, OF VIRGINIA VANJA VUKOTA, OF FLORIDA INTERNATIONAL DEVELOPMENT, VICE KATHERINE KETURA DEMARIS BROWN, OF MASSACHUSETTS WILLIAM W. WACHTER, OF NEW JERSEY ALMQUIST, RESIGNED. LASEAN BROWN, OF GEORGIA JEFFREY M. WARNER, OF CALIFORNIA DEPARTMENT OF STATE MICHELE A. BROWNE-APPIAH, OF VIRGINIA ALLISON L. WERNER, OF THE DISTRICT OF COLUMBIA CAROLINE R. BUDDENHAGEN, OF THE DISTRICT OF CO- RICHARD J. WILLIAMS, OF CALIFORNIA ROBERTA S. JACOBSON, OF MARYLAND, A CAREER LUMBIA ZAINABU ZAWADI WILLIAMS, OF THE DISTRICT OF CO- MEMBER OF THE SENIOR EXECUTIVE SERVICE, TO BE AN LAURA A. BURNS, OF VIRGINIA LUMBIA

VerDate Mar 15 2010 05:01 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 9801 E:\CR\FM\G03OC6.051 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6058 CONGRESSIONAL RECORD — SENATE October 3, 2011 JAMES S. WILSON, OF VIRGINIA WILLIAM FRANCIS KUNTZ, II, OF NEW YORK, TO BE WITHDRAWALS LAUREN E. YOST, OF VIRGINIA UNITED STATES DISTRICT JUDGE FOR THE EASTERN SYLVIE YOUNG, OF CALIFORNIA DISTRICT OF NEW YORK. RAFAELA ZUIDEMA, OF PENNSYLVANIA MARINA GARCIA MARMOLEJO, OF TEXAS, TO BE Executive Message transmitted by UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN the President to the Senate on October f DISTRICT OF TEXAS. 3, 2011 withdrawing from further Sen- CONFIRMATIONS JENNIFER GUERIN ZIPPS, OF ARIZONA, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- ate consideration the following nomi- ZONA. Executive nominations confirmed by nations: the Senate, October 3, 2011: DEPARTMENT OF STATE TERRY D. GARCIA, OF FLORIDA, TO BE DEPUTY SEC- THE JUDICIARY ROBERT STEPHEN FORD, OF VERMONT, A CAREER RETARY OF COMMERCE, VICE DENNIS F. HIGHTOWER, RE- SIGNED, WHICH WAS SENT TO THE SENATE ON MAY 16, HENRY F. FLOYD, OF SOUTH CAROLINA, TO BE UNITED MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF 2011. STATES CIRCUIT JUDGE FOR THE FOURTH CIRCUIT. MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- NANNETTE JOLIVETTE BROWN, OF LOUISIANA, TO BE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES JAMES T. RYAN, OF UTAH, TO BE A MEMBER OF THE UNITED STATES DISTRICT JUDGE FOR THE EASTERN OF AMERICA TO THE SYRIAN ARAB REPUBLIC, TO WHICH BOARD OF DIRECTORS OF THE NATIONAL INSTITUTE OF DISTRICT OF LOUISIANA. POSITION HE WAS APPOINTED DURING THE RECESS OF BUILDING SCIENCES FOR A TERM EXPIRING SEPTEMBER NANCY TORRESEN, OF MAINE, TO BE UNITED STATES THE SENATE FROM DECEMBER 22, 2010, TO JANUARY 5, 7, 2013, VICE JAMES BROADDUS, RESIGNED, WHICH WAS DISTRICT JUDGE FOR THE DISTRICT OF MAINE. 2011. SENT TO THE SENATE ON JULY 22, 2011.

VerDate Mar 15 2010 05:01 Oct 04, 2011 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 9801 E:\CR\FM\A03OC6.004 S03OCPT1 tjames on DSK6SPTVN1PROD with SENATE