December 15, 2014 CONGRESSIONAL RECORD — SENATE S6823 He has climbed nine Himalayan peaks. than MARK. He has done this in a num- EXECUTIVE SESSION He has climbed Mount McKinley. He ber of different ways. But as a member has climbed 99 of the highest summits of the Intelligence Committee, his in Colorado, and that is the place work sounded the alarm about the Na- NOMINATION OF VIVEK where we have the great Rockies. tional Security Administration’s bulk HALLEGERE MURTHY TO BE Those are big mountains. He once at- data collection program. He fought to MEDICAL DIRECTOR IN THE REG- tempted to scale Mount Everest but end the CIA’s detention and interroga- ULAR CORPS OF THE PUBLIC was stopped by a severe storm. Some of tion program, and together with Sen- HEALTH SERVICE, SUBJECT TO us, while we were waiting to finish our ator FEINSTEIN has pushed to make QUALIFICATIONS THEREFOR AS work on Saturday, told me they were public the committee’s study of the PROVIDED BY LAW AND REGU- hoping to go skiing on Sunday. CIA’s torture program. LATIONS, AND TO BE SURGEON I said: Where are you going to go ski- People have said: Perhaps if MARK GENERAL OF THE PUBLIC ing? had not been so concerned about indi- HEALTH SERVICE I don’t know the name of the place. vidual rights, about the bulk data col- How high is that place? lection, about the torture, maybe he Eight hundred feet. would have been reelected. But that is NOMINATION OF DANIEL J. In the Sierra Nevada mountains not MARK UDALL. He comes from a SANTOS TO BE A MEMBER OF where I am from, and the Rockies, that family with a long tradition of public THE DEFENSE NUCLEAR FACILI- is not a mountain. We have mountains service, as I have indicated. His uncle TIES SAFETY BOARD in Colorado and Nevada. Stewart was Secretary of the Interior, MARK UDALL once attempted to scale after having served in Congress for Mount Everest and was nearly there many years representing the State of NOMINATION OF FRANK A. ROSE when one of the most violent storms Arizona, as did his dad Mo Udall. Mo TO BE AN ASSISTANT SEC- came. Using good sense, he decided Udall was one of the most recognizable RETARY OF STATE they shouldn’t do it, and it was the Congressmen in the entire 20th cen- (VERIFICATION AND COMPLI- right thing to do. People die by saying tury, having run for President, and he ANCE) they are stronger than nature. He un- had a sense of humor that was really derstands his limitations, and his limi- quite remarkable. NOMINATION OF SARAH R. tations are not very much. MARK is a Here in the Senate MARK has cousins. SALDANA TO BE AN ASSISTANT tremendous athlete. He could do any- It has been interesting. During the last SECRETARY OF HOMELAND SE- thing athletically. He has the genes of few years, we have had a lot of cousins: CURITY his dad, Morris Udall, whom I had the MARK, TOM, MIKE LEE, Gordon Smith— good fortune of serving with in the all cousins, first cousins. How did that House of Representatives. Morris Udall come about? MARK would, as he did NOMINATION OF ANTONY BLINKEN is the only person to have played pro- just a day or two ago, look and kind of TO BE DEPUTY SECRETARY OF fessional basketball being blind in one smile and say: It could have been po- STATE eye, couldn’t see, but he was able to ad- lygamy. And it was. But they are a just his perceptive qualities with a bas- very, very close family, a very close The ACTING PRESIDENT pro tem- ketball hoop to play professional bas- family. pore. Under the previous order, the ketball. In spite of the closeness of TOM and Senate will proceed to executive ses- We all felt MARK’S loss when his MARK—two brothers could not be clos- sion to consider the following nomina- brother Randy was found dead. He was er than these two men. They climb tions, which the clerk will report. found dead in the place he loved more mountains together. I have talked to The legislative clerk read the nomi- than anyplace else, the Wind River them about putting on crampons, these nations of Vivek Hallegere Murthy, of Mountains in Wyoming. That is where spikes you put on your shoes to climb Massachusetts, to be Medical Director Randy loved to go. That is where MARK the ice. These are adventurers. in the Regular Corps of the Public loves to go. People told Randy he So we are going to miss MARK. But he Health Service, subject to qualifica- shouldn’t go alone, but he went alone has forged his own path and his own tions therefor as provided by law and and it appears maybe he had a heart legacy. regulations, and to be Surgeon General Now, as his time in the Senate draws attack while he was out there. They of the Public Health Service; Daniel J. to a close, he will carry that legacy to found him several weeks later in the Santos, of Virginia, to be a Member of other endeavors. mountains he loved, dead. It was real the Defense Nuclear Facilities Safety I wish MARK all the best. It has been tough for MARK, who looked up so Board; Frank A. Rose, of Massachu- such a privilege to serve with him. He setts, to be an Assistant Secretary of much to his brother. MARK, though, will be deeply missed. has met many mountains and done State (Verification and Compliance); many great things. f Sarah R. Saldana, of Texas, to be an He served in the House of Represent- TAX INCREASE PREVENTION ACT Assistant Secretary of Homeland Secu- atives where he was stellar. But it is OF 2014—MOTION TO PROCEED rity; and Antony Blinken, of New York, to be Deputy Secretary of State. the work in the Senate where his Mr. REID. Mr. President, I now move Mr. REID. I suggest the absence of a greatest feats have been accomplished. to proceed to Calendar No. 627, which is quorum. In 2013 there were storms in Colorado H.R. 5771. and there was catastrophic flooding. It The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- was very bad. Lives were lost, homes pore. The clerk will report the motion. pore. The clerk will call the roll. washed away. The people of Colorado The legislative clerk read as follows: The legislative clerk proceeded to needed help, and MARK would not stop. Motion to proceed to Calendar No. 627, H.R. call the roll. He held up legislation until the people 5771, a bill to amend the Internal Revenue Mr. BARRASSO. Mr. President, I ask of Colorado got what they deserved. He Code of 1986 to extend certain expiring provi- unanimous consent that the order for helped secure nearly $1 billion in Fed- sions and make technical corrections, to the quorum call be rescinded. eral assistance for the people of his amend the Internal Revenue Code of 1986 to The PRESIDING OFFICER. Without provide for the tax treatment of ABLE ac- objection, it is so ordered. State, money to rebuild homes, counts established under State programs for MURTHY NOMINATION bridges, roads, and reestablish lives. the care of family members with disabilities, While he dedicated himself to pro- and for other purposes. Mr. BARRASSO. I rise today to op- tecting the people of Colorado, he also f pose the nomination of Dr. Vivek was committed to safeguarding the Murthy to be Surgeon General of the constitutional rights of all Americans. RESERVATION OF LEADER TIME United States. The Surgeon General is Who has done more in exposing what The ACTING PRESIDENT pro tem- known as America’s doctor. Americans has been going on with the invasion of pore. Under the previous order, the have great respect for this important people’s privacy? No one has done more leadership time is reserved. position. They expect their Surgeon

VerDate Sep 11 2014 01:41 Dec 16, 2014 Jkt 049060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G15DE6.003 S15DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6824 CONGRESSIONAL RECORD — SENATE December 15, 2014 General to be someone who has sub- no, the health, safety, and security of qualified, why haven’t we already stantial experience in helping patients, the Nation are not less important, and voted on him? He was nominated more in helping improve their health, and in the job of Surgeon General is not less than a year ago—more than a year ago. helping them reduce their risk of ill- important. We had the Ebola crisis and no Surgeon ness and injury. Americans want the same thing from General. He was nominated more than This important position has been va- a Surgeon General as they want from a year ago. His confirmation hearing in cant since July of 2013, about a year their own doctors. People want honest the committee was last February. The and a half. It is far too long, and it has and straightforward advice about med- majority leader could have brought been completely avoidable. We have ical dangers, such as cancer, heart at- this up for a vote at any time in the seen how the Obama administration tacks, and stroke. They don’t want an past 9 months, but he didn’t do it. has struggled in response to important inexperienced, unqualified political ap- Why? Because he knew this nominee— health issues such as the Ebola crisis. pointee. Patients don’t want a doctor this unqualified, partisan nominee— America should have had a Surgeon who might let political ideology get in didn’t have the votes. He could not get General in the job to lead in the fight the way of treatment and their best in- the votes on the Democratic side of the against Ebola and to take on other se- terest. Americans don’t want a Sur- aisle. The nomination would have been rious health challenges as well. geon General who might use this posi- an embarrassment before the election. Dr. Murthy is a smart man who is tion of trust to promote his own per- Now is not the right time for this very well educated. He has an under- sonal campaign against the Second nomination, and this is not the right graduate degree from Harvard, an MBA Amendment of the Constitution. job for Dr. Murthy. The Ebola problem from Yale, and an M.D. from the Yale This is just another example of Presi- and the other health crises facing our School of Medicine. These are impres- dent Obama giving someone an impor- Nation are enormous challenges that require skills and talents that this sive academic credentials, and I am tant job based solely on their support nominee has simply not had time to de- sure he will be a fine doctor, but they of the President’s political career—just velop and which he has so far not dem- are simply not sufficient qualifications like his nomination of a soap opera producer to be Ambassador to Hungary onstrated in his career. for this important job. I wish to close by quoting from a let- or the President’s nomination of a man Is Dr. Murthy a renowned expert in ter former Surgeon General Carmona treating patients or researching dis- to be Ambassador to Norway when the sent to all of the Members of the Sen- eases? No, not at all. Has he actually person didn’t know the first thing ate earlier this month. He sent it to built a career teaching medicine or about the country. Of course, both each and every one of us. I ask unani- leading major public health organiza- those nominations to be Ambassadors mous consent that the letter be printed tions? No, not yet. In fact, Dr. Murthy had funneled hundreds of thousands of in the RECORD. only completed his residency in 2006— dollars to the President’s campaigns. There being no objection, the mate- just 8 years ago. I speak as someone Well, those nominations were embar- rial was ordered to be printed in the who has actually practiced medicine rassing, and so is this nomination to be RECORD, as follows: for 25 years, has been an instructor of Surgeon General. DECEMBER 1, 2014. surgery at Yale Medical School, which This office of Surgeon General is not DEAR SENATOR, I am writing to express my Dr. Murthy attended, and I saw that just an honorary title. It is not just a concern over the present nominee for U.S. being a doctor is about much more figurehead position. The Surgeon Gen- Surgeon General whose name may be sub- than going to school. Doctors learn eral commands the entire Commis- mitted to you for confirmation during the sioned Corps of the uniformed public remaining Senate session. The U.S. Surgeon more and more as they progress General is the doctor of the nation and the through their careers and spend more health officers. There are 6,700 people commander of the U.S. Public Health Serv- time with their patients, listening to whom the Surgeon General commands. ice Commissioned Corp, one of the seven uni- patients and the patients’ families. Dr. It is one of the key positions leading formed services of the United States. The Murthy has not had the time to de- America’s public health efforts. nominee, Dr. Vivek Murthy is a physician velop these kinds of skills. America has a long history of quali- very early in his career with great promise So what qualifies him to be Surgeon fied and talented people filling this job. but no formal public health education, train- When President Bill Clinton nominated ing, leadership or management experience. General of the United States? Well, in However, he was the founder of Doctors for 2008, just 2 years out of his residency, David Satcher in 1998, Dr. Satcher had Obama, a partisan organization supporting he founded a group called Doctors for already served as president of a med- the election and policies of President Obama. Obama; the purpose: to elect a Presi- ical school and as Director of the Cen- His partisanship and lack of qualifications dent. The majority of his career has ters for Disease Control and Preven- for the job of Surgeon General give this nom- been spent not as a doctor treating pa- tion. C. Everett Koop spent 35 years as ination the scent of political patronage. In a leading world-renowned pediatric addition, the position of Surgeon General is tients but as an activist—an activist a uniformed services position with the rank focused on gun control and political surgeon. They were substantial can- of Vice Admiral. The nominee has no uni- campaigns. didates who brought serious experience formed service experience, does not merit Even former Surgeon General Rich- to the job. The responsibilities of being this rank and his confirmation would under- ard Carmona has said Dr. Murthy America’s Surgeon General require a mine the credibility and authenticity of the doesn’t have the medical experience to strong, professional leader, and the Office of the Surgeon General while demean- serve in such an important position. American people deserve a qualified ing the selfless service of qualified career uniformed officers who merit consideration. Let me point out that Dr. Carmona is nominee. There is a long list of capable The public we have the privilege to serve a Democrat. He wrote an article for the doctors who could meet those require- deserves and expects a Surgeon General who, Huffington Post on December 4. It was ments. The President should pick one through extensive education, experience, entitled ‘‘In Search of a Surgeon Gen- of them. training and service, merits the position of eral.’’ I will read a little bit of what he Over the years, we have seen that Surgeon General of the United States. For these reasons, I respectfully request wrote. He said: when the President has nominated qualified people for this position, the that if this nomination comes before you We don’t appoint doctors early in their ca- that you reject it in favor of a qualified ca- reer to be a university Dean or Chairman. Senate has approved their nominations reer USPHSCC officer who merits your con- Graduate business students at the top of on overwhelmingly bipartisan votes. sideration. their class don’t become instant CEOs. Top When President Obama nominated Re- Sincerely, law graduates of elite law schools don’t get gina Benjamin to be Surgeon General, RICHARD H. CARMONA, nominated to be U.S. Attorney General or a she was confirmed unanimously, as was M.D., M.P.H., FACS. Supreme Court Justice. Why would the U.S. Richard Carmona when President Bush Mr. BARRASSO. Dr. Carmona writes: Surgeon General be any different? nominated him. Today, even Demo- His partisanship and lack of qualifications He concludes by asking: crats have objected to the nomination for the job of Surgeon General gives this Is the health, safety, and security of the of Dr. Murthy. nomination the scent of political patronage. Nation any less important? So why are we wasting the Senate’s That is from a Democrat who actu- Is the health, safety, and security of time talking about this now? Well, if ally served as Surgeon General and the Nation any less important? Well, President Obama thinks Dr. Murthy is knows what it takes to do the job well.

VerDate Sep 11 2014 01:41 Dec 16, 2014 Jkt 049060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G15DE6.005 S15DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 15, 2014 CONGRESSIONAL RECORD — SENATE S6825 Dr. Carmona added in his letter to all major role when we faced similar pub- moves to even bring his name up for a of the Members of the Senate: lic health challenges. vote. I think it is time for us to vote His confirmation would undermine the I can remember coming to the U.S. and it is time for us to confirm the credibility and authenticity of the Office of House of Representatives years ago nomination of Vivek Murthy as our Surgeon General, while demeaning the self- when President Reagan had been elect- next Surgeon General. less service of qualified career uniformed of- ed, and he had chosen C. Everett Koop This past year, Americans have bat- ficers who merit consideration. to be his Surgeon General. C. Everett tled public health crises on all fronts. That is whom the President of the Koop was a controversial choice by Here at home, parents watched while a United States has chosen to nomi- President Reagan because he had been severe strain of enterovirus spread nate—someone who would undermine outspoken on some major political from State to State, threatening young the credibility and authenticity of the issues. He personally had strong feel- children. My home State of Illinois was Office of Surgeon General, while de- ings against abortion and had said as one of the hardest hit. I heard from meaning the selfless service of quali- much before his nomination, and some doctors across the State that the fied career uniformed officers who other issues. It led many people to be- minute they discharged one child with merit consideration. lieve he was too political for the job respiratory symptoms from the emer- Americans deserve a Surgeon General and that President Reagan had made gency room, another came in. who has substantial experience in man- the wrong choice. But Koop was cho- Abroad, we still face the worst Ebola aging complex crises and delivering pa- sen. Despite the fact that he had been epidemic in history. With over 6,300 tient care. The American people de- at least engaged as a medical doctor in deaths and many more diagnosed with serve a Surgeon General who has prov- discussing political issues, he was cho- this devastating disease, now more en throughout his or her career that sen. I wasn’t in the Senate at the time; than ever America needs to fill the their main focus is a commitment to I didn’t have a vote when it came to his spot of top doctor. It has been vacant patients, not a commitment to politics. choice, but I will tell my colleagues since July—since July of last year. Dr. Dr. Murthy has time to learn, time this: When Dr. Koop took over as Sur- Murthy is that doctor, and I am proud to gain experience, and that may make geon General, he made it clear he un- to vote for him as the next U.S. Sur- him a fine Surgeon General someday, derstood his obligation was to be the geon General. I am hoping my col- but that day is not today. I call on the Nation’s doctor, not the Nation’s lead- leagues will join me. Senate to defeat the nomination of Dr. ing medical politician. He did some ex- Let me tell my colleagues a little bit Murthy for Surgeon General of the traordinary things. I don’t know what about his background. Dr. Murthy is an United States. America would have been like if it attending physician at Brigham and I thank the Presiding Officer. were not for Dr. Koop’s presence, push- Women’s Hospital and an instructor at I yield the floor and suggest the ab- ing back on a lot of political spin when the Harvard Medical School. Part of sence of a quorum. it came to public health issues—issues what is extraordinary about him is The PRESIDING OFFICER (Ms. involving AIDS, for example. that as well as treating his patients in- HEITKAMP). The clerk will call the roll. It is no secret—it is well known— dividually, he also thinks about the The legislative clerk proceeded to that many politicians—in both parties, systemic issues affecting the health of call the roll. for that matter—were reluctant to go patients and tackles those as well. He Mr. DURBIN. Madam President, I ask into the whole issue of the AIDS crisis is a leading voice in public health, pub- unanimous consent that the order for in America for a variety of reasons. lishing his research on the participa- the quorum call be rescinded. But if my colleagues will remember, tion of women and minorities in cancer The PRESIDING OFFICER. Without history shows that under Dr. Koop, we clinical trials and top journals, includ- objection, it is so ordered. ended up mailing every household in ing Science, Journal of the American Mr. DURBIN. Madam President, I see America to let them know about the Medical Association, and Journal of my friend from Wyoming, who spoke danger of the AIDS epidemic. That was the National Cancer Institute. on the floor earlier and is in the Cham- an extraordinary act of public leader- Critics of Dr. Murthy who say he is ber, and I wish to publicly acknowl- ship when it came to public health, and not up to the job should look at the lit- edge—and I hope he will too—that we Dr. Koop was Surgeon General when erature. He has published in medical are friends, but we disagree on the that occurred. So those who worried research areas of great importance. He nomination of Dr. Murthy to be the that C. Everett Koop was too political also cofounded and chairs the Trial next Surgeon General. I will speak for for the job were disabused of that no- Networks, a software company that a few moments about why I support tion as we watched his service to our helps clinical researchers collaborate him, and I hope a majority of Members country. more effectively and efficiently with will join me in supporting his nomina- I make that point because I don’t drug developers to speed up drug dis- tion. want the same mistake to be made in covery. This is an indication of what can go criticizing Dr. Vivek Murthy whom we In 2011, Dr. Murthy was appointed to wrong in the Senate. We received this are going to vote on later today to be the Advisory Group on Prevention, nomination from the President of the our next Surgeon General. It is true Health Promotion, and Integrative and United States to fill the post of Sur- that he has engaged in political activ- Public Health. Over 100 national, State, geon General, which was reported from ity, as any American citizen is entitled and local public health organizations the committee in February of this to. I hope that will not disqualify him. have endorsed his nomination. They year. Obviously we are in December. It When I read in a few moments the describe him as ‘‘a well-qualified, for- has been sitting here since February. groups that are supporting him, people ward-thinking, innovative leader with In fact, the post of Surgeon General will understand he isn’t in this position a strong commitment to public has been vacant since July of 2013. of being nominated simply because of health.’’ The Surgeon General is supposed to his political activity. He has extraor- Does that sound like a political hack be one of the leaders in America speak- dinary backing of individuals in the when 100 organizations say that about ing to issues on public health. Can any- medical profession. this doctor? one think of a public health issue we Now we need him more than ever. We The organizations that support Dr. have had to face since February when need to fill the post of Surgeon General Murthy include the American College Dr. Murthy was reported to the floor of of the United States of America. We of Physicians, the American Academy the Senate? Perhaps one of the dead- hope we can see an end to the Ebola of Family Physicians, the American liest diseases that has ever been re- epidemic, but we are not quite there. Academy of Pediatrics, the American corded is being fought in west Africa, But we ought to have a Surgeon Gen- Public Health Association, the Amer- and we are being asked on a regular eral in the United States of America. ican Hospital Association, the Amer- basis how we will respond in the United To think we have waited since Feb- ican Cancer Society, the American States. The Centers for Disease Control ruary while this doctor’s name has Heart Association, the American Dia- plays a major role in it but, histori- been on our calendar, and we had to betes Association, and the list goes on cally, Surgeons General have played a use some extraordinary parliamentary from there.

VerDate Sep 11 2014 01:41 Dec 16, 2014 Jkt 049060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G15DE6.007 S15DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6826 CONGRESSIONAL RECORD — SENATE December 15, 2014 In his confirmation hearing before What is the real reason for the oppo- embodies her State’s motto. She is as the Senate HELP Committee last Feb- sition to Dr. Murthy? It may have genuine and honest as anyone could be. ruary, Dr. Murthy stated that, if con- come down to just one thing he said. It It is no wonder that in 2008, when the firmed, he would prioritize his efforts was alluded to by the Senator from country was seeking change, the people on obesity and tobacco-related disease Wyoming earlier. In an online post, he of North Carolina elected KAY HAGAN and ‘‘make prevention and health pro- said he believed gun violence was a to the Senate. From the moment she motion the backbone of our commu- public health issue. Gun violence, a arrived, she got to work. The very first nities.’’ public health issue. For making that piece of legislation she cosponsored This is a priority I share with Dr. statement, he has been pilloried and was the Lilly Ledbetter Act. Having Murthy. For the past 30 years, serving excoriated by the gun lobby, and that worked as a corporate executive, KAY in the House and Senate, I have worked may be a major reason why his nomi- is aware of the difficulties working on the issue of tobacco and public pol- nation is controversial. women face. This legislation was per- icy. I have worked to reduce youth I am proud to represent the city of sonal to KAY, and she saw it through smoking, implement programs to help Chicago and the State of Illinois. Gun until completion. The daughter of a people quit, and rein in the most insid- violence is a public health problem. Go veteran, KAY spent her time in the ious practices of the tobacco industry. into the emergency rooms—and I can Senate creating sound policies to pro- Moreover, as a cochair of the Senate give the names of the list of hospitals tect and benefit members of the U.S. Hunger Caucus, I have become familiar in Chicago to start with. Go to the armed services and their families. She with the complex and arguably unjust emergency room on Friday or Saturday has done this by virtue of her position, way food is distributed and consumed night and you tell me that gun vio- not only as a Senator but on that im- in America, leaving communities—in- lence isn’t a public health issue. In portant Armed Services Committee. cluding many in Illinois—simulta- those emergency rooms we see the vic- As a former executive of North Caro- neously facing high levels of food inse- tims of gun violence, many of them lina National Bank, KAY knows all of curity and high rates of obesity. fighting for their lives. If we go to the challenges facing businesses in her Obesity and tobacco-related diseases Mount Sinai Hospital in the Englewood State and how women have a little dif- are part of a growing trend of chronic section of Chicago, we can look across ferent view of how difficult it is to disease that account for 7 out of the the street to a rehab institute. Those work their way through the corporate top 10 causes of death in America and who have survived gun violence at world. She has fought tirelessly to cre- make up 84 percent of America’s health Mount Sinai go across the street to the ate a better climate for small busi- care costs. Dr. Murthy says these are Schwab Rehabilitation Hospital and nesses to create jobs and grow. On any his priorities. They should be. These learn how to live a life as a paraplegic given issue, at any given time, KAY statistics are unacceptable. or a quadriplegic. Does that have any- HAGAN has advocated her position and I believe Dr. Murthy understands the thing to do with public health? It cer- importance of the national crises be- has done it well. She refused to give up tainly does. Gun violence is a public fore him. I feel confident that his expe- until meaningful solutions were discov- health issue, no apology necessary. rience, his training, and his tenacity ered. I think Dr. Murthy, as has Dr. Koop, have proved that he has the qualifica- While I am sure Senator HAGAN will has made it clear they are not aspiring tions needed to tackle these issues. take some well-deserved time off to Not only is Dr. Murthy an out- to be the leading doctor in America to think about her future, I am convinced standing doctor and public health ex- engage in a political debate, but rather that her service on behalf of the people pert, he also remains closely connected to engage in public health debates of North Carolina and the American to his community and family. about obesity and tobacco and things people is not going to end. Dr. Murthy was born to parents who that make a dramatic difference to the Senator HAGAN has a lovely family. originally were from the southern part lives of so many people who live in this We all like Chip very much. He is a of India. He came to the United States country. Navy Vietnam veteran. She has three at the age of 3 and grew up in Miami, I am supporting Dr. Murthy. I think children—Tilden, Jeanette, and Carrie. FL. He did very well in school. He was he will be an extraordinary Surgeon I wish her family the very best as they valedictorian of his high school, grad- General. I am sorry he and America transition into a new chapter of their uated magna cum laude from Harvard have had to wait so long for this vote. lives. in just 3 years, and then got a com- I hope the majority of my colleagues On a personal basis, no one has im- bined medical and business degree from will step up and support his nomina- pressed me more as being a hard work- Yale. tion as well. At this time of challenge er. We are so disappointed that she is So Senators come to the floor and when it comes to public health issues, now going to have to find different pub- question this man’s resume, his abil- we need his leadership. We need his ex- lic service. I have no inside informa- ity? For goodness sakes. He has an ex- pertise. We need a person of this qual- tion, but she could be back in this traordinary background and that is ity as Surgeon General of the United body. I have no doubt the people of why the President nominated him. States. North Carolina are going to miss her From a very early age, Dr. Murthy I yield the floor and suggest the ab- dearly. did not set out to make money, he set sence of a quorum. I applaud KAY HAGAN for serving the out to make a difference. In 1995 he co- The PRESIDING OFFICER. The American people with conviction, and I founded Visions Worldwide, a nonprofit clerk will call the roll. look forward to the great things she organization that conducts and sup- The assistant legislative clerk pro- will accomplish for North Carolina and ports HIV/AIDS education and em- ceeded to call the roll. our country in the future. powerment programs in India. Until Mr. REID. I ask unanimous consent I suggest the absence of a quorum. 2003, he served as the president of that that the order for the quorum call be The PRESIDING OFFICER. The organization and then board chair. He rescinded. clerk will call the roll. is a dedicated uncle and friend, consist- The PRESIDING OFFICER. Without The assistant legislative clerk pro- ently described by those who know him objection, it is so ordered. ceeded to call the roll. as humble, soft-spoken, and tireless. I TRIBUTE TO KAY HAGAN Ms. COLLINS. Madam President, I know the Indian-American community Mr. REID. Madam President, North ask unanimous consent that the order across this Nation is so proud of Dr. Carolina’s official motto is a Latin for the quorum call be rescinded. Murthy’s accomplishments, as all of us phrase which means, simply translated, The PRESIDING OFFICER (Ms. should be. ‘‘To be, rather than to seem.’’ ‘‘To be, HIRONO). Without objection, it is so or- Many years ago I worked for a State rather than to seem’’ means don’t talk dered. Senator in Illinois named Cecil Partee. about being a hard worker—be a hard Ms. COLLINS. Madam President, Cecil Partee used to say, For every po- worker. Don’t just pretend to be hon- I ask unanimous consent to speak as litical controversy, when you listen to est—be honest. If you talk about being in morning business. the arguments, understand there is a sincere, be genuine about it. Senator The PRESIDING OFFICER. Without good reason and a real reason. KAY HAGAN, a native of Shelby, NC, objection, it is so ordered.

VerDate Sep 11 2014 04:59 Dec 16, 2014 Jkt 049060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G15DE6.010 S15DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 15, 2014 CONGRESSIONAL RECORD — SENATE S6827 NATIONAL WOMEN’S HISTORY MUSEUM Unfortunately, that legislation was not His leadership in national security COMMISSION ACT taken up by the House and died. and intelligence in both Chambers has Ms. COLLINS. Madam President, last In 2005, the Senate again approved been a great asset to our Nation. From week the Senate passed the National the legislation, but it too stalled in the agriculture to armed services, Senator Women’s History Museum Commission House. With the passage finally of this CHAMBLISS has been an informed and Act, a bill that I authored with the commission bill, the effort to establish effective advocate for his constituents dean of the Democratic women Sen- a museum for women’s history in our and for the American people. ators, Senator MIKULSKI of Maryland. Nation’s Capital takes a positive step The golfers here might consider the It passed finally as part of the National forward. hole-in-one he famously scored in a Defense Authorization Act. This bill will convene a talented, di- foursome with President Obama last Our legislation will create a commis- verse, and skilled panel of historians, year to be worthy of mention. Person- sion to evaluate and plan the establish- educators, museum administrators, ally, as the founder and cochair of the ment of a museum dedicated to wom- and other experts with experience in Senate Diabetes Caucus, I would con- en’s history right here in our Nation’s women’s history to make recommenda- sider his dedication to the cause of ju- Capital. I know the Presiding Officer tions for the creation and the venile diabetes to be a true highlight. shares my view that this is long over- sustainment of such a museum. I have also had the great pleasure of due. It is important to emphasize that serving with Senator CHAMBLISS both I am in fact pleased to have had all of this museum will portray all aspects of on the Intelligence Committee, where the women Senators as cosponsors of women’s contributions to our history, he is the vice chairman, and previously this bill, and I am thankful for the sup- without partisanship or bias. The only on the Senate Armed Services Com- port of many of our other colleagues as political statement we will be making mittee. I saw firsthand his extraor- well. Senator MIKULSKI has been a ter- is to correct the longstanding omission dinary grasp of complicated issues that rific co-leader, and I thank her for her of the role of women in America’s his- are so critical to the security of our leadership. tory. Nation. I also witnessed how he would A women’s history museum is long I also recognize and thank Chair- listen carefully to the views of others, overdue in Washington, DC. Think of woman LANDRIEU and Ranking Member whether on the Republican side of the it. We actually have a museum dedi- MURKOWSKI for their careful consider- aisle or from the Democratic Members cated to honoring buildings. We have ation of our bill by the Energy and on both committees. museums along the mall that com- Natural Resources Committee, which But if there is one shining moment memorate various aspects of our his- unanimously approved it last month. that stands out for me, it would be tory. We have the Air and Space Mu- Telling the history of the contribu- Senator CHAMBLISS’s leadership in the seum. There is a privately run Spy Mu- tions of American women matters, and Gang of 6 during the 2011 debt ceiling seum. There is the Newseum, which this bill takes a long overdue first step crisis. At a time when it was far easier honors journalism. There is a museum toward recognizing and honoring those to stand back, point fingers, and fix that honors Native Americans. Ameri- who have shaped our shared American blame, Senator CHAMBLISS, along with cans from all over this country can heritage. I look forward to the day Senator MARK WARNER, led the way in come to Washington and learn about when young girls and young boys vis- producing a framework to provide a bi- our history and the contributions of iting Washington will be able to visit a partisan, comprehensive, and balanced the people who have made our Nation women’s history museum to learn more way to put our Nation on a stable fis- the greatest country in the world. De- about the remarkable contributions of cal path. The fact that our national spite the plethora of museums, how- American women to our Nation. debt has grown from $16 trillion to $18 Madam President, I suggest the ab- ever, there has been no museum dedi- trillion since then makes it all the sence of a quorum. more imperative that we continue the cated to the women who have helped to The PRESIDING OFFICER. The shape our Nation’s history. effort, with the leadership that was clerk will call the roll. shown by Senator CHAMBLISS and that The legislation that was finally ap- The bill clerk proceeded to call the proved last week calls for a commis- he so courageously helped to start. roll. The fact that this dedicated and wise sion to fund its own costs, and it would Ms. COLLINS. Madam President, I leader cited Washington gridlock and be paid for entirely with private funds ask unanimous consent that the order partisan posturing as the driving force at no cost to American taxpayers. for the quorum call be rescinded. in his decision to retire from the Sen- This commission would put forth a The PRESIDING OFFICER. Without ate should give us all cause to reflect. plan for establishing a museum on objection, it is so ordered. Senator SAXBY CHAMBLISS has always women’s history so that people who are Ms. COLLINS. I ask unanimous con- been a voice of reason. No matter how coming to Washington can learn about sent that I be permitted to speak as in bitter the debate, he has always en- the enormous contributions of women morning business. gaged in thoughtful discussions that to our Nation’s history. The PRESIDING OFFICER. Without result in solutions. As he returns to Indeed, American women have made objection, it is so ordered. private life, his advice will continue to invaluable contributions to our coun- TRIBUTE TO SAXBY CHAMBLISS be sought after and I hope heeded. His try across such diverse fields as gov- Ms. COLLINS. Madam President, it is knowledge and insight will still be val- ernment, business, medicine, law, lit- a great pleasure but a bittersweet mo- ued, and the example of decency and ci- erature, sports, entertainment, the ment for me to rise on the Senate floor vility he has set should guide us all. I arts, and the military. A museum dedi- to pay tribute to a dear friend and an know his beloved wife, his children, cated to women’s history will help en- esteemed colleague, Senator SAXBY and his grandchildren will be happy to sure that future generations under- CHAMBLISS. have more of Senator CHAMBLISS’s stand what it is we owe to the many After 20 years in Congress—8 in the time, but for those of us who have been American women who have helped to House and 12 here in the Senate—Sen- privileged to serve with him in the build, sustain, and advance our society. ator CHAMBLISS retires from this phase Senate, his decision to retire is a great Such a museum will share the stories of service to Georgia and to our Nation loss. of pioneering women such as aboli- with a well-deserved reputation as a The people of Georgia, the people of tionist Harriet Tubman, the founder of true statesman. America, and those of us who have the Girl Scouts, Juliette Gordon Low, At a time when the coarsening polit- been privileged to serve as SAXBY Supreme Court Justice Sandra Day ical discourse across our Nation and CHAMBLISS’s colleagues are grateful for O’Connor, astronaut Sally Ride, and here in Congress is a growing concern, his service. I wish him all the best in my personal inspiration, Maine Sen- Senator CHAMBLISS is a shining exam- the years to come, both on and off the ator Margaret Chase Smith. ple of expertise and ability combined golf course. I first introduced legislation to es- with civility and respect. He leaves Thank you, Madam President. tablish a museum for women’s history Congress not only with many friends I suggest the absence of a quorum. in 2003. Early the following year, the on both sides of the aisle, but also with The PRESIDING OFFICER. The Senate unanimously approved my bill. many accomplishments to his credit. clerk will call the roll.

VerDate Sep 11 2014 01:41 Dec 16, 2014 Jkt 049060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G15DE6.012 S15DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6828 CONGRESSIONAL RECORD — SENATE December 15, 2014 The bill clerk proceeded to call the I toured Lake Pontchartrain. I cently married—and Mary Shannon the roll. learned so much about it. Most all of very best. Mr. REID. I ask unanimous consent the highways in New Orleans were I remember when MARY brought that that the order for the quorum call be built using the seashells from that little baby Mary Shannon to the Sen- rescinded. lake. Thousands and thousands of tons ate. She was a tiny little baby. Now The PRESIDING OFFICER. Without of shells have come out of that lake. this beautiful child has grown to be an objection, it is so ordered. They recently stopped doing that, after expert horsewoman. She is one of those TRIBUTES TO DEPARTING SENATORS so many years, because they thought it people who rides horses all the time. MARY LANDRIEU would be damaging to the environ- She has entered her horses in different Mr. REID. Madam President, a noted ment. But over the last 50, 60, 100 contests and has done very well. author and analyst of human behavior, years, thousands and thousands of tons I have known Connor since he was a Stephen Covey, said, ‘‘Strength lies in of shells came out of that lake. We all little boy. He is married, and they have differences, not in similarities.’’ heard about Lake Pontchartrain dur- a little baby named Maddox, and MARY For the last 18 years, Senate Demo- ing that huge storm that hit. is so proud of her grandchild. Her hus- crats were stronger because of Senator Also, as part of the tour of New Orle- band Frank is a wonderful human MARY LANDRIEU. Her ability to shun ans, you had to go to her home, that being. I think so very much of him. I political labels—instead of just going little home where nine children were hope we will continue seeing them. the route with Democrats and Repub- raised. It is really a beautiful little Very often MARY will bring her family licans and Independents, she went her home—but nine children, wow. Her to my office. She takes them out on route. She made the United States a mom and dad were there. That was the the balcony that overlooks the Mall. better place. She made the Senate a first time I had been able to meet the MARY has touched my heart for a better place. famous Moon Landrieu. number of things, but the one thing she She had good training for being a When we came there, unannounced, has done, which has been unsurpassed, consensus builder and somebody who he was making peanut brittle, and I is her caring for children who have no liked compromise. I had the good for- got some peanut brittle. On occasion, parents—adoptions. She led the Senate tune to serve in the Senate with other that good man has sent me some of his in adoptions. Her two children were Louisiana Senators. I served with Ben- homemade peanut brittle. So I think adopted. Connor and Mary Shannon nett Johnston for many years on the were adopted. She is so involved in the world of MARY and her family. Appropriations Committee. He was She was very quick to follow in her that program, and I know she will con- chairman of the Energy and Water father’s footsteps. At the age of 23, she tinue to be involved. Here on the Senate floor we will all Subcommittee on Appropriations. He was elected to the State legislature, was a good legislator. Not only did he miss MARY, her voice of reason and making her the youngest woman to help Louisiana a lot, he helped the moderation. I consider her to be a good have ever been elected to that body. friend, and I appreciate all she has country. And then there was John After 8 years in the legislature, she done for me, the people of Louisiana, Breaux. He and I came to the Senate became the State treasurer for 8 years. and our country. together. He was the dealmaker. He In 1996, she was elected to the Senate, could put a deal together when no one JOHN WALSH becoming the first woman in Louisiana thought one could be put together. So ever elected to a full Senate term. Mr. REID. Madam President, there is MARY LANDRIEU has had good Lou- only one combat veteran of the Iraq Since coming to the Senate, MARY isiana genes with those two men, and has chaired the Senate committee on war in the Senate, and that is GEN that is one of the reasons she has been small business, and she was really good JOHN WALSH—Senator JOHN WALSH. as effective as she has been. In 2004 General WALSH led the deploy- there. She is now the chair of the Sen- As I indicated, MARY came to the ment of several hundred National ate Energy and Natural Resources Senate with no partisan agenda. She Guard men from Montana to Iraq. He Committee, the same full committee was not interested in representing just did the same thing a year later. It was her predecessor Bennett Johnson liberals or just conservatives. She a very difficult time for Americans in chaired. worked to represent all of Louisiana, Iraq. General WALSH’s men were in On the committee on small business, which meant that sometimes she and I some of the heaviest battles. Many of she reduced heavy Federal regulations were not on the same side of an issue, them were wounded, and a number of and created tax relief for small busi- and other times we were on the same them gave the ultimate sacrifice. side of an issue, but one thing was al- nesses. As chair of the Senate Com- He led the largest deployment of ways certain: She was always on Lou- mittee on Energy and Natural Re- Montana soldiers and airmen since sources, MARY LANDRIEU fought for isiana’s side. World War II. For his service, JOHN was The Landrieu family’s political leg- Louisiana’s industry and jobs. Even be- awarded the Bronze Star, the Legion of acy runs long and deep in the State of fore she became chair of that com- Merit Award, and the Combat Infantry Louisiana. She is the oldest of nine mittee, she did something that was im- Badge. JOHN came to the Senate a hero, children. She is the daughter of Moon possible. People had been trying to do and he will leave the Senate a hero. Landrieu, and her brother Mitch Lan- something like this in Louisiana for 50, He treated his time in the Senate drieu is the mayor of New Orleans. 60 years, 70 years, 80 years, but she did like his time in the Army—he volun- Moon was a former mayor of New Orle- it—she was able to get New Orleans teered for the most difficult assign- ans from 1970 to 1978, and was Jimmy and the whole State of Louisiana and ments here in the Senate. For example, Carter’s Secretary of Housing and the gulf coast some financial benefit Saturday night it was late—we thought Urban Development. from the offshore drilling. She did that. we may have to be in here all night— A number of years ago, I toured New That is a legacy she will always have. and he volunteered to be here all night, Orleans because she asked me to, as a She always had Louisiana’s interests not having to be relieved. He agreed to member of the Appropriations Com- at heart, and the people of Louisiana be here all night. He said: That is what mittee. I said, OK, I will go, but I have have been all the better because of it. I am here for. to see those pumps—p-u-m-p-s. I For example, in the aftermath of He served the people of Montana ad- watched this show on national public Katrina, she stood up to the Bush ad- mirably in the Senate. I thank him for broadcasting, and they talked about ministration and demanded more dis- his service over the past year. these old pumps that had been there aster relief for the people in Louisiana. I thank his family—his wife Janet, since 1900 that still worked every day The New York Times called her ‘‘the his sons Michael and Taylor, and pumping the water. national spokeswoman for victims of granddaughter Kennedy—for their sac- New Orleans is below sea level and the hurricane.’’ rifice in supporting his work here in those pumps have to work 24 hours a As her time in the Senate comes to Washington, DC. day. I went to see those old, old pumps. an end, all Louisianans will miss hav- I wish him the very best. He was the They were so clean. That place was ing MARY in their corner. I wish MARY lieutenant governor of Montana, a job I spotlessly clean using those very old LANDRIEU and her husband Frank and held in the past, and we talked about pumps. their children Connor—who was re- that.

VerDate Sep 11 2014 04:59 Dec 16, 2014 Jkt 049060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G15DE6.014 S15DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 15, 2014 CONGRESSIONAL RECORD — SENATE S6829 I don’t know what the next chapter call the Rockefeller grassroots delega- Now, as I touched on at the beginning in his life will be, but knowing the tion that was sweeping the country for of my comments, my first experience courage and integrity of JOHN WALSH, health care reform. in watching JAY ROCKEFELLER—I am of it will be an important chapter. As the Presiding Officer and our col- the view that health care is the area I yield the floor and suggest the ab- leagues know, Senator ROCKEFELLER’s where Senator ROCKEFELLER’s legacy is sence of a quorum. accomplishments in a number of fields going to be especially important. In a The PRESIDING OFFICER. The have been exceptional. They span a sense, JAY ROCKEFELLER always cap- clerk will call the roll. host of issues, from cyber security to tured the notion that if you and your The bill clerk proceeded to call the reducing violence on television to im- loved ones don’t have their health, it is roll. proving our transportation system and, pretty hard to do anything else. In Mr. WYDEN. Madam President, I ask of course, we have all seen his leader- other words, if you aren’t feeling well, unanimous consent that the order for ship in reining in some of the excesses if you are facing a chronic illness, how the quorum call be rescinded. of the CIA. He is a very strong sup- do you jump up and enjoy the wonder- The PRESIDING OFFICER (Ms. porter of the rank and file—the thou- ful outdoors of Oregon, Wisconsin, and BALDWIN). Without objection, it is so sands of individuals who work in the West Virginia? So JAY ROCKEFELLER ordered. intelligence field who are as patriotic always said that health care was a spe- Mr. WYDEN. I ask unanimous con- as it is possible to be and do wonderful cial priority for him, and we see it in a sent to speak as in morning business. work to protect our people. Senator whole host of accomplishments. The PRESIDING OFFICER. Without ROCKEFELLER has said that as they do JAY ROCKEFELLER has been a leader objection, it is so ordered. that work, they are stronger when in the fight against Alzheimer’s and Mr. WYDEN. Madam President, my there is vigorous congressional over- other neurological conditions. He was a friend Senator THUNE and I are on the sight, and we are very grateful for his powerful and persistent voice, particu- floor this afternoon to speak together work. I have sat next to him on the In- larly in advocating for low-income about the Internet Tax Freedom Act. telligence Committee for many years Americans in the Affordable Care Act. Before that, I wish to spend a few min- and have watched his leadership there. I am especially pleased to note that utes discussing Senator ROCKEFELLER Today, though, as chairman of the Senator ROCKEFELLER, along with my and his extraordinary accomplish- Senate Finance Committee, I wish to colleague and partner on the Finance ments. I know that Senator THUNE, focus in particular on Senator ROCKE- Committee Senator HATCH, really after he and I have spoken about the FELLER’s work on that committee. I played the key role in creating the Internet Tax Freedom Act, will make will start by noting that his service on Children’s Health Insurance Program. some additional remarks. I commend the Finance Committee is really a fam- This is a program I hope not only will the work of Senator THUNE on chari- ily legacy. His great grandfather, Nel- be extended but also strengthened in table contributions. He and I have led son Aldrich, the Senator from Rhode the next Congress. As many Members the effort to protect charitable dona- Island, not only served on the Finance of this body know, JAY ROCKEFELLER’s tions. Neither of us consider charity ef- Committee but is often described as work to protect and expand Medicaid is forts as some kind of tax loophole. We one of the committee’s most distin- without equal. consider them a lifeline for the Amer- guished chairs. On the committee Sen- Over the past half century, we can ican people. ator ROCKEFELLER has exercised simi- count on one hand the Senators who So I look forward to the remarks of lar influence. have done an extraordinary amount to the Senator from South Dakota on sev- JAY ROCKEFELLER has served on the improve the health care of America, eral issues. Senate Finance Committee for 28 and when we look at that handful of TRIBUTE TO JAY ROCKEFELLER years—longer than all but 11 other Senators, JAY ROCKEFELLER is right at With respect to Senator ROCKE- Senators—and his tireless work on the the top. FELLER, one of the challenges right committee has had a profound and I started with a personal comment now for some of us is to get our arms positive impact. He has been a leader about JAY ROCKEFELLER, and I wish to around the idea that Senator ROCKE- on maintaining a strong U.S. trade pol- end with one. When Chairman Baucus FELLER will no longer be serving in the icy, while thinking creatively about chose to take the Ambassador position Senate. This is a challenge for me espe- Asia long before it became cool. He in China, where he is doing a fine job, cially because I remember watching also has been a great advocate for fair- JAY ROCKEFELLER was next in line to Senator ROCKEFELLER’s work years be- ness in the tax system—something I replace Chairman Baucus. Make no fore I had entered public life. know many of us consider a special pri- mistake about it, JAY ROCKEFELLER Right after I got out of law school, ority at this time. would have been an outstanding chair- we started the Oregon Gray Panthers. I Senator ROCKEFELLER has paid spe- man of the Senate Finance Committee. had a full head of hair and rugged good cial attention to programs such as the But his decision to decline that oppor- looks. We were passing around peti- Trade Adjustment Assistance Program, tunity and to continue his work on the tions for the wonderful work Senator including the health coverage tax cred- Senate commerce committee allowed ROCKEFELLER was doing on behalf of it, the earned-income tax credit, and me to accept the position as the chair- the elderly. He was in the vanguard the child tax credit. That was drawn man of the Finance Committee and the even then in the health care field. I from recommendations of the National responsibility that has gone along with know the Presiding Officer from the Commission on Children which Senator it. That kind of approach was really State of Wisconsin has been very inter- ROCKEFELLER, as is the case so often, characteristic of JAY ROCKEFELLER— ested in this—in ensuring that there ably chaired. not wanting to push himself out front. are more options for older people, par- So I wish to speak about the common As I have indicated, I told him I think ticularly in the long-term care setting. denominator in these kinds of efforts. he would have been a superb chairman We were passing petitions around— It is really pretty direct because it cap- of the Senate Finance Committee. But the Gray Panthers back in those days— tures JAY ROCKEFELLER’s approach to I wish to note on the personal side, as urging that Americans and the Senate public service and to life: Reach out to I started on the personal side, my all rally to Senator ROCKEFELLER’s those who don’t have power and clout, thanks to JAY ROCKEFELLER. work to ensure that there were more those who don’t have a lot of political So I close simply by saying that now, alternatives to nursing home care. It influence and political action commit- as the chairman of the Finance Com- was just the beginning of the effort to tees, and lend a hand. Make the dif- mittee and in the years ahead, my create more options for home care for ference. Particularly for millions of goal—when we take up issues such as seniors. Now it is an idea we pretty Americans to whom JAY ROCKEFELLER health care, tax fairness, and a trade much accept as gospel. But Senator gave voice, now they have an oppor- policy that lets us tap global markets ROCKEFELLER, as has been the case, was tunity—millions of men, women, and but works for the middle class work- way ahead of his time. That is really children—to enjoy better lives and a er—and I think it is the goal of other the time when I began to really be a more secure future because of JAY members of the Senate Finance Com- charter member of what I guess I will ROCKEFELLER’s strong moral compass. mittee—it is our goal in the days ahead

VerDate Sep 11 2014 04:59 Dec 16, 2014 Jkt 049060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G15DE6.016 S15DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6830 CONGRESSIONAL RECORD — SENATE December 15, 2014 to live up to the high standard that to a newspaper and they bought the on- support for our cause—the House Senator JAY ROCKEFELLER has set. line edition, they got hit with a big passed a permanent bill in July putting With that, I yield the floor on my re- tax. But if they bought the offline edi- the ball in the Chamber’s court here. marks about Senator ROCKEFELLER. tion—what we call now the snail-mail This body could take up and pass our INTERNET TAX FREEDOM ACT edition—they didn’t get taxed. Con- permanent legislation—the permanent Now, for a few minutes, Senator gressman Cox and I said then that this legislation Senator THUNE and I have THUNE and I are going to talk about is not going to help promote innova- authored—on a permanent basis if it the Internet Tax Freedom Act and our tion. That is not going to allow the chose to do so. But because the Con- involvement in it. The story about the Internet to grow. It is just plain dis- gress has become too reliant—we cer- Internet Tax Freedom Act really starts crimination. It is discriminating tainly have seen this in a number of in the 1990s. This was a period when I against the Internet. It is singling the areas on stop-and-go government—it think policymakers were starting to Internet out. You have to pay taxes for was necessary to once again pass a think about how we lay out a frame- the online edition of the publication yearlong extension as part of a larger work for addressing the various chal- but you don’t have to pay a tax if you bill. The extension, in my view, is cer- lenges to ensure that the Internet buy the snail-mail edition. We wrote tainly a positive step. But in my view, would tap its full potential. We wanted the Internet Tax Freedom Act to pro- it is clearly time. In fact, it is long to ensure that the Internet would tap tect the openness and viability of the overdue to enact a permanent law, to its full potential for innovation, for Net for the platform for commerce guarantee the certainty and predict- commerce, for learning, for health speech and the exchange of ideas. ability to all who are seeking to inno- care. I want to make it clear, we As both Senator THUNE and I have vate online, to the people in a garage, weren’t talking about inventing the seen over our years of working to- whether it is in Wisconsin, Oregon or Internet. What we were talking about gether on this, this has become impor- anywhere else, and to have some sense was laying out a set of policies to en- tant to the millions of American citi- of what the ground rules are going to sure it would be possible for our coun- zens and businesses who depend on the be. try and for persons all around the Net. I think it would be fair to say— That is what I sought to be a part of world to tap the full potential of the Senator THUNE and I discussed this—it in the 1990s. That is why I am so grate- Net. is likely the Internet would be subject ful for Senator THUNE’s leadership, be- I got my start with the former Con- to the same level of punitive taxation cause he has been a partner in this gressman from California, Chris Cox, that is currently inflicted on wireless cause now for many years on the Fi- when we were looking at the challenge services without the legislation we nance Committee. Our view is that a of what would happen if a Web site or wrote. Without the Internet Tax Free- permanent law in this area would be a blog was held liable for something dom Act, access to information in hugely valuable to innovation, to the that was posted on the Web. The two of America would no longer be tax-free— small businesses, and to the people who us, much like Senator THUNE and I access to online communication would have a good idea, because it would pro- have done over the years on the Inter- no longer be tax-free. Access to the vide them a new measure of certainty net Tax Freedom Act, tried to really global marketplace so crucial to Amer- and predictability when they are look- unspool all the implications. It became ica’s economic future would no longer ing at what is coming out of Wash- very clear back in the 1990s that if a be tax-free. The cost to consumers ington, DC. Web site or a blog was held liable for could be hundreds of dollar a year per We have temporary measures, and we something that was posted on the site, household, which certainly is a burden have measures that last a few weeks. nobody would ever go out and invest in to many working-class families who Senator THUNE and I want to get away what we now know to be the social right now are walking on an economic from that. media because the last thing they tightrope trying to balance the food I am very hopeful that next year a would do is put their money into some- against the fuel and the fuel against permanent version of the Internet Tax thing where they would be hit and the college costs and all of the chal- Freedom Act will be enacted. Senator hammered with all kinds of litigation lenges we know for working-class fami- THUNE and I are going to continue to and lawsuits. Our former colleague lies in Wisconsin, Oregon, and across work together on a bipartisan basis Chris Cox and I wrote the laws that en- the country. until that is done. sured that a Web site would not be held Senator THUNE and I have been work- With that, I yield the floor for my secondarily liable. In fact, at that ing together on this issue for a number partner from South Dakota and thank time, all this was so new that our ap- of years. I want to thank him for our him for all his leadership. proach, which relied on voluntary fil- partnership over the years. Now we The PRESIDING OFFICER. The Sen- ters and the like to deal with smut, have gotten a bit of seniority. We ator from South Dakota. and another approach that was more of chaired a subcommittee on the Finance TRIBUTE TO JAY ROCKEFELLER an old-fashioned censorship approach— Committee, and we really see these Mr. THUNE. I thank my colleague both—went to the Supreme Court, and issues as central to economic competi- from Oregon Senator WYDEN for his the Supreme Court upheld our ap- tiveness. continued leadership on this issue. I proach and struck down the other. This is what we need to grow and want to echo what he said about Sen- Today, if you talk to many people in prosper with more good-paying, high- ator ROCKEFELLER. the social media, they cite that law as skill and high-wage jobs for middle- I had the opportunity to serve as his really being the key that unleashed class people. That is why we have in- ranking Republican on the Senate com- modern investment in the social media troduced together legislation that merce committee and really enjoyed because if you ran a Web site or a blog, would really set our tax policy in this serving with him during his chairman- you knew you wouldn’t be held second- part of the economy into the 21st cen- ship and learned a lot. He is someone arily liable for something you couldn’t tury. That is the Digital Goods and who has great experience here—36 control. I think it is fair to say that Services Tax Fairness Act. This legis- years in the Senate. I have been here Congressman Cox and I, we were in- lation ensures the digital goods will now for 10. So I have a lot to learn toxicated about the fact that we had continue to be treated fairly, consist- from people like Senator ROCKEFELLER. written this law, upheld by the Su- ently, and predictably across State We did some good things together. preme Court, and we thought about lines, just as their nondigital competi- We just recently got through the Sen- what ought to go next in terms of try- tors. Because the Internet Tax Free- ate the cyber security bill that the ing to lay out a framework, as I indi- dom Act has been temporary, Senator commerce committee passed earlier cated, to tap the full potential of the THUNE and I authored new legislation this year and the satellite television Net. Early on in our discussions, we to make the Net tax-free permanently. reauthorization this year, which ended came across a situation with respect to Our bill is cosponsored by more than up being—it is always somewhat con- taxing the Internet that was particu- half of our Senate colleagues. troversial to move that legislation, but larly troubling. What we found was Most importantly—and this is why I we were successful in getting that ulti- that if someone bought a subscription think we are on the ascent in terms of mately enacted this year. We moved

VerDate Sep 11 2014 01:41 Dec 16, 2014 Jkt 049060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G15DE6.018 S15DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 15, 2014 CONGRESSIONAL RECORD — SENATE S6831 the STB reauthorization bill, Surface sion of the moratorium. But the fact of As incoming chairman of the com- Transportation Board, which had rail the matter is, as Senator WYDEN men- merce committee and as a member of reforms in it, out of the commerce tioned, we need permanency with re- the tax-writing Finance Committee, I committee. Unfortunately, they didn’t gard to this tax policy. We need cer- am looking forward to a new agenda get it considered on the floor of the tainty. We need predictability. We need next Congress, one that is optimistic Senate but had hearings on numerous people in this country to know—Amer- and forward-leaning, an agenda that issues that are under the jurisdiction ican families to know—they are not recognizes that the dynamism in our of the commerce committee. I appre- going to be hit with substantial taxes economy today should not be a source ciate so much Chairman ROCKE- as a result of the lapse of this par- of concern but, rather, a source of op- FELLER’s leadership and his service ticular legislation. portunity for jobs, growth, and eco- here. Like him, I come from a small You look at what it could do to the nomic freedom. This agenda begins State. We share a lot of things in com- average American family. The average with support for the Internet Tax Free- mon. We came from small communities State telecommunications tax rate is dom Act. That is why I am pleased the and represent people who work hard roughly 12 percent. Imagine a married bill we passed Saturday evening ex- and just want a fair break and want to couple with two children where every- tends the Internet Tax Freedom Act make sure that the people they elect to one in the family has a phone with a through September 2015 so that we can represent them in Washington, DC, are $50 data plan. Currently, the Internet have a debate next year about how we staying focused on the issues that are Tax Freedom Act prevents taxes on the promote the Internet economy with all important to their livelihood. I appre- data plan in States that didn’t have of its benefits on a much more perma- ciate his leadership on those issues. these taxes prior to the law’s enact- nent basis. ment, which is a large majority of the I have to say that he stands tall I look forward to working with my States. If this law expires, this family among our colleagues. I think he prob- colleague from Oregon, Senator of four would be likely to see at least ably has the distinction of being the WYDEN, and Senators on both sides who tallest Senator. The Senator from Or- a $20 increase in their monthly phone bill, meaning a tax increase of more I think care deeply about this critical egon, Senator WYDEN, and I are not far issue moving forward early in the next behind. But if Senator ROCKEFELLER than $200 a year. For families strug- gling to make ends meet, as Senator Congress. As the Senator from Oregon ever stood up all the way, I think he mentioned, I think half of the Members would have us by several inches. The WYDEN pointed out, this is real money. This tax increase would not just be of the Senate are cosponsors of this tall-guy caucus here in the Senate will bill. That suggests to me that obvi- be less represented when Senator bad for American families and Amer- ican consumers, it would also be bad ously there is broad, bipartisan support ROCKEFELLER departs. I have always for what we are talking about here. enjoyed his sense of humor and the way for American economic competitive- I also look forward to working with in which he approaches the job and the ness because we know that higher costs Senator WYDEN on other issues that passion he feels for public service. We for the deployment of high-speed Inter- are important to the digital economy. wish him well in his retirement and net will mean a slower rollout of this Digital trade is something he and I thank him for a long and distinguished technology. This is especially the case in rural have partnered on in the past as well. career here in the Senate. America, where the cost of exploring As we look at the trade agreements INTERNET TAX FREEDOM ACT high-speed Internet is often higher that are currently being negotiated— I wish to say to my colleague from than urban or suburban areas. By keep- the TPP as well as the TTIP trade Oregon—he mentioned earlier that he ing the cost of Internet access as low agreements with Europe—all need to was the pioneer on this issue, going as possible, we help to encourage the include important protections for the back to 1998 when he worked with continued use of the Internet as a digital economy. former Congressman Chris Cox. That source of economic growth, creativity, This is one of the areas in our econ- was the original Internet Tax Freedom and entrepreneurship. omy where we actually have a trade Act. I am hopeful that both our perma- As the incoming chairman of the surplus. Because of American inge- nent bill, which Senator WYDEN men- Senate commerce committee, I am nuity, know-how, creativity, and inno- tioned, the ITFA bill, and our Digital committed to increasing Internet vation, we continue to lead the world Goods and Services Tax Fairness Act connectivity in this country. Whether in this area. We need to make sure that can be considered as early as possible it is through the Universal Service we not only are putting in place the in the next Congress. Fund, by getting additional spectrum The Senator from Oregon, Senator important safeguards here in this coun- into the hands of the private sector, or try against taxing these services but WYDEN, is the chairman of the Senate by providing regulatory certainty to also ensuring that we have access to Finance Committee—a very powerful encourage broadband buildout, our committee here in the Congress—and other markets around the world where committee is going to be looking at all we know American know-how and will continue his leadership in the next available options to make sure more session of Congress as the ranking American ingenuity and creativity can Americans have access to high-quality lead the way. Democrat on that committee. He will Internet. be a very influential voice on all of Unfortunately, if the Federal Govern- I very much look forward in the next these issues—tax matters, trade mat- ment allows new taxes to be levied on Congress to continuing to work with ters, health care matters. The Finance Internet access, we risk canceling out my colleague from Oregon on these im- Committee has a very broad jurisdic- our other efforts to get more Ameri- portant matters so that we can con- tion. It is really important that we get cans online. This does not make any tinue to see middle-income families in this part right. sense. We all need to be rolling in the this country benefit from the gains in If you look at what most Americans same direction if our country is going productivity that come, hopefully a have dealt with when it comes to Inter- to be connected and engaged in this ex- higher standard of living, higher take- net service, they have not been taxed panding Internet ecosystem. home pay, better wages, and better job on Internet access for 16 years due to Earlier this year the House of Rep- opportunities that come with a robust, the Internet Tax Freedom Act morato- resentatives, as Senator WYDEN point- vibrant digital economy that enables rium that Senator WYDEN and Senator ed out, by voice vote passed a bill to our broader economy to continue to Cox were able to get instituted back in make the Internet Tax Freedom Act make great gains. 1998. That moratorium has been ex- permanent, which is a very positive I thank the Senator from Oregon, Mr. tended three times. It has been critical step forward. I am hopeful that next WYDEN, for his leadership on this issue to the rapid growth of the Internet. All year we will move on a much longer both past and present. I look forward of this would change if we allowed the term extension of ITFA as well as to working with him as we try in the Internet Tax Freedom Act to expire. other measures that promote the dig- future to make sure that those gains We were able to get through the end ital economy, such as the Digital are protected and that we move even of this next fiscal year—which will be Goods and Services Tax Fairness Act further in the direction of economic September 30 of next year—an exten- that I mentioned earlier. freedom when it comes to the Internet.

VerDate Sep 11 2014 04:59 Dec 16, 2014 Jkt 049060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G15DE6.020 S15DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6832 CONGRESSIONAL RECORD — SENATE December 15, 2014 SUPPORTING AMERICA’S CHARITIES ACT that he hoped we could get this meas- expenses, such as education, a primary I would like to shift gears and speak, ure to the President’s desk quickly. He residence, transportation, and other if I might for just a moment, about an- stated: personal support expenses. other issue which I think is very im- My view is we’ll pass it as a clean bill and This legislation helps achieve a world portant to our overall economy and send it on to the President. I really don’t see where disabilities are no longer viewed very important to a lot of people across a lot of controversy. as a limiting factor as individuals plan this country, both those who give to— That was from the chairman of the for jobs, for school, and for family life. empower charitable giving in this Senate Finance Committee. It helps achieve a world where Federal country and those who benefit from it. Unfortunately for Senator WYDEN policies no longer impede individuals Last week the House of Representa- and me, along with many of our col- with disabilities from achieving their tives voted on a piece of legislation leagues in both parties who see an op- dreams. It helps give parents peace of that would empower Americans to give portunity to get something meaningful mind as they think about what the fu- more to charity. The legislation would enacted before the end of this year, ture holds for their children. accomplish this by making permanent this White House sees yet another op- three tax incentives for charitable giv- portunity for gridlock. So I would say I have met with many families on ing that have been in law on a tem- I strongly believe promoting charitable this issue, and one story in particular porary basis. All three of these tax pro- giving should be a high priority. stands out, the story of Tim and Jamie visions have historically enjoyed Earlier this year Senator WYDEN and Geels from Dakota Dunes. They have strong bipartisan support. I circulated a letter signed by 33 of our three sons, and their middle son, Tyler, First, the bill would make permanent Senate colleagues to then-Finance is a concrete example of a young South 1 Dakotan who will see tangible changes the law allowing individuals 70 ⁄2 years Committee Chairman Baucus and of age and older to donate up to $100,000 Ranking Member HATCH urging them to his future as a result of the ABLE of their individual retirement account not to weaken the charitable tax de- Act. to charity without incurring a tax pen- duction in any tax reform effort. The ABLE Act is one of the most far- alty for doing so. As a member of the Finance Com- reaching pieces of legislation to help Second, the bill would make perma- mittee, I have not signed many letters individuals with disabilities in nearly nent the enhanced deduction for food on tax reform, as I generally believe 25 years. I am proud to be a cosponsor. inventories, thus encouraging busi- that everything needs to be on the Long hours and intense effort shaped nesses to donate food that might other- table. However, I made an exception this legislation into a package that wise go to waste to food pantries and when it came to charitable giving be- helps Americans with disabilities and other organizations that help to feed cause I believe so strongly that pro- is fiscally responsible as well. I am the hungry. moting charity is an integral part of proud to support the ABLE Act, as Finally, the bill would make perma- who we are as a nation. modified. I look forward to Senate pas- nent certain tax rules that make it Much like the deduction for chari- sage of this very worthy legislation easier for farmers and other land own- table contributions, the provisions of later this week as part of the tax ex- ers to donate land for conservation the Supporting America’s Charities tenders legislation. purposes, thus helping to preserve Act represent important means by I yield the floor. America’s natural habitat. This last which to encourage Americans to give provision, I might add, is included in more to charitable organizations. Un- The PRESIDING OFFICER. The Sen- President Obama’s 2015 budget. fortunately, due to opposition from the ator from Florida. These are commonsense measures President, this legislation fell a few WORK OF THE COMMERCE COMMITTEE that will help to promote what I be- votes short of passage last week in the Mr. NELSON. Madam President, be- lieve is a core element of the American House when it was considered under fore the Senator from South Dakota experience; that is, private citizens suspension of the rules, which is a leaves the floor, let this Senator say helping friends and neighbors in their process that requires a two-thirds ma- that I am looking forward to working time of need. What could be more ap- jority vote. with him since he will be our chairman That being said, I intend to introduce propriate during this season of giving of the Commerce Committee next year. similar legislation early next year, and than the government making it a little I will have the privilege of being the I strongly urge the President of the bit easier for Americans to lend a help- ranking member. We have a fairly full United States to reconsider what I be- ing hand? plate of things that must be done: FAA lieve is his misguided opposition to Unfortunately, this Christmas season reauthorization, telecommunications these very worthy provisions. I hope the Obama administration has a dif- rewrite. Fortunately, it looks as the administration will join us in a ferent message for America’s charities though we have just done a Coast spirit of good will toward all men and and the millions of individuals they Guard bill, but there can always be women, especially those of our fellow serve. That message is ‘‘bah humbug.’’ tweaks to that. There are a host of citizens most in need of assistance. That is right. Instead of working with things. We are way beyond on NASA us to help America’s charities, the ABLE ACT reauthorization. Fortunately, we have Obama administration promised to I wish to finally speak today regard- been able to build on the NASA reau- veto this bill should it pass the House ing a bill that I am very pleased has thorization that was done in 2010, but and the Senate. Apparently the Presi- moved through this Congress—I should that needs to be updated. There are all dent is so opposed to any new tax re- say will be moving shortly—and that is kinds of consumer legislation as we get lief, he has decided to oppose a bill the Achieving a Better Life Experi- into things such as this thorny issue of with significant bipartisanship sup- ence, or ABLE, Act. This bill will as- Internet access. It is going to take port. sist individuals with disabilities by some real bipartisan cooperation. Let’s be clear that this measure is creating a mechanism to achieve long- not some budget-busting bill. In fact, term personal savings—something indi- In my discussions with the future this bill would provide about $1 billion viduals with disabilities are effectively chairman, Senator THUNE, I am look- per year in tax relief to Americans who prohibited from doing today under cur- ing forward to working with him on donate to charity, which would have rently law. this very important committee. almost no impact on a Federal budget The ABLE Act would create tax-fa- Mr. THUNE. Madam President, I of nearly $4 trillion. vored savings accounts for people with know the Senator from Florida has One measure of the bipartisan nature disabilities that would count toward things he wants to talk about, but I do of this legislation is the fact that the the $2,000 individual asset limits that want to take this opportunity to men- Democratic chairman of the tax-writ- apply to the Supplemental Security In- tion that I very much look forward to ing Finance Committee, Senator come and Medicaid Programs. The working with him. I think we have the WYDEN, who was here briefly a moment ABLE Act will allow individuals with potential for a real foundation, hope- ago, supports this measure. In fact, disabilities and their families to save fully, for accomplishment on our com- Chairman WYDEN recently indicated money to pay for qualified disability mittee.

VerDate Sep 11 2014 04:59 Dec 16, 2014 Jkt 049060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G15DE6.021 S15DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 15, 2014 CONGRESSIONAL RECORD — SENATE S6833 The Senator from Florida is someone nate a conservation easement on their or radiate back out into space, sud- who has an interest in working in a bi- property to keep that property, in this denly the glass ceiling—the greenhouse partisan way to get things done for our case of ranching families, that they effect of carbon dioxide and other country. I know of his great interest, have been ranching for centuries. They greenhouse gases—traps that heat. being from Florida, in the space pro- want that way of life to continue. What happens? The increasing tem- gram and NASA, in oceans. Oceans are There is an interest in environmental perature of the planet, 90 percent of not an issue we have to deal with a lot restoration; for example, the Ever- that heat is absorbed into the oceans in South Dakota; it is an issue our glades restoration, that the headwaters and, as a result, we are seeing the sea committee deals with. It is an issue that ultimately flow to the Everglades level rise. that is very important to a lot of our be preserved from being developed. So For a State such as mine, the State colleagues on the committee as well as there is an interest in the environment of Florida, NASA has measured over the Senator from Florida. So I welcome to obtain the development rights or a the past 50 years—not drafts, not pro- the opportunity to work with him. conservation easement. jections, measurements—5 to 8 inches As he mentioned, these are tough, It is clearly in the interests of the in South Florida of sea level rise in thorny issues—telecommunications taxpayer, likewise, to have observed Florida. issues, transportation issues, the high- that conservation easement because By the way, check the papers. Yes- way bill, FAA authorization, perhaps that is the easiest way of cleaning up terday the pumps didn’t work. Alton something on rail. There is a whole the water that ultimately flows into Road in Miami Beach was flooded. The range of issues falling under the juris- the Everglades. So the conservation mayor of Miami Beach, when he was diction of the commerce committee easement is a win-win-win. It is a win campaigning 1 year ago, went in a that are going to require an extraor- for the rancher, it is a win for the tax- kayak down Alton Road as a dem- dinary level not only of support from payer, and it is a win for the environ- onstration of how the sea level rise at the members of our committee but a ment. high tide is flooding streets of Miami willingness on the part of those of us— But the poor ranchers, because we Beach. It brings me back to this ex- the Senator from Florida and I—to have not passed the tax extenders bill, tenders tax bill we need to pass this hopefully craft an agenda to get things here they are at the end of the year week: the wind energy production tax done for this country. and they would like to make the dona- credit. I appreciate his kind words and tion of the conservation easement. How Another example is the work oppor- would reciprocate by saying how much are they going to get it done in the tunity tax credit, which encourages I look forward to working with him next couple of weeks if we don’t pass it people who work to hire disadvantaged and hopefully to have a real record of until almost the midnight hour? people. It provides a tax credit for busi- accomplishment as we head into this It is just another example, and I look nesses that hire people who have a dif- next year. forward to working with the Senator ficult time getting a job. It encourages I thank the Senator from Florida for the private sector to help these folks his kind words and wish to let him from South Dakota. I hope we can pass it this week so at least some of it can get out of a difficult spot in their lives, know we will be doubling down next because they have disadvantages, to year, working as hard as we can to put be salvaged before the end of this tax year. become independent, to stand on their some points on the scoreboard that are own two feet because they can go to good not only for the State of Florida I have given two examples and I will give another: the wind energy produc- work. That is the purpose of a tax cred- and for the State of South Dakota but it for work opportunity, but that for America and for our economy, be- tion tax credit. It provides a credit for electricity produced by the wind. hasn’t been in effect all this year, 2014. cause we have so many things under We pass this tax extenders bill and it There is a lot of wind out in the mid- the jurisdiction of the commerce com- will retroactively take it back to the dle of this country. It is a good way to mittee that contribute to a stronger 1st of the year and make this tax cred- produce electricity. It is called renew- and more robust economy in this coun- it—and these others I have men- able electricity. It has brought our try. tioned—available as people are calcu- electricity sector into the 21st century. TAX EXTENDERS lating their Federal income tax for the It has reduced our dependence on car- Mr. NELSON. Madam President, I calendar year 2014. wish to speak about a tax bill that is bon-based electricity. Another is rollover IRAs to charities. coming up that is fairly necessary for It makes sense. If someone visits a It is when you get to a certain age— the country. The Senator from South country such as Denmark, look how and I believe the age is 70—and you Dakota and I have the privilege also of many windmills there are. I still call have an IRA. By law, setting up the serving on the Finance Committee, and them windmills, but they are wind tur- IRAs which are nontaxable—recall all there is an example where we just bines. They are highly sophisticated, the years you put money in those IRAs, haven’t been able to get a lot done. finely tuned machines, blades that will you put that money into the IRA be- Now, here we are at the eleventh hour take the least bit of wind and turn that fore you paid tax on it. and fifty-ninth minute with a whole big blade that is hundreds of feet long. When you bring money out of the bunch of provisions about to expire As it turns, it is generating electricity. IRAs that you have had all of your life, that are extremely important to Amer- Yet for the entire past year people you are going to pay the tax, and that ican taxpayers, such as the research who want to establish these wind farms more than likely is going to be during and development tax credit. don’t have any certainty that they will your retirement years. That is what an American businesses and American be able to get this wind energy produc- IRA is for. It is called an Individual Re- taxpayers would like to have some cer- tion tax credit. tirement Account. tainty of knowing, as they are doing The purpose for the tax credit is to By law, under the IRA law, when their planning for the year, that they give the businesses an incentive to es- someone gets to be 70, they have to can plan on this or that deduction or tablish wind farms which, No. 1, be- start taking out a certain amount of tax credit. In Congress, for the entire comes a win for the environment; No. that IRA. past year, we have not had etched into 2, becomes a win for the business that We have had a provision in the Tax law, because it has expired, a number is in the business of wind energy pro- Code that is an incentive to give that of these tax deductions and credits duction; and, No. 3, becomes a win for money that people have to take out to that I am going to go through. But the the consumers because it is weaning us charity. Therefore, it provides an easi- R&D tax credit is only one example. from producing electricity only from a er way for people who have to take the So how in the world can American carbon-based fuel that ultimately money out of their retirement ac- business and the American taxpayers sends CO2 into the atmosphere. We counts to give that money to charity plan? Take, for example, the Senator know what is happening with a lot of because, when they take it out, it has a State where agriculture is pre- CO2 up there, it creates the greenhouse doesn’t become taxable before they dominant. So does this Senator. effect. give it to the charity. There are a number of ranchers in As the Sun’s rays come in and bounce In other words, it is a transfer of the the State of Florida who want to do- off the surface of the Earth and reflect tax-free dollars in the IRA directly

VerDate Sep 11 2014 01:41 Dec 16, 2014 Jkt 049060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G15DE6.023 S15DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6834 CONGRESSIONAL RECORD — SENATE December 15, 2014 over to charity. It is a win for the tax- their home? What they tried to do was going to the top 1 percent. Tragically, payer, and it is a win for the charitable work with the purchaser and the bank the United States has the most un- organizations because there is an in- that holds the mortgage. That is called equal distribution of income and centive there to give that money to a short sale. The bank forgives part of wealth of any major country on Earth. charitable organizations. that debt—the difference between the But the issue is not just for the mid- If we don’t pass this tax extenders mortgage amount and the value of the dle class right now or for working fam- bill, that is not available for all of this home. ilies. The issue of the economic crisis year of 2014. Think what that is going The poor taxpayer, the homeowner, we are in significantly impacts senior to do to some charities and what it is instead of treating what they have citizens and children, the most vulner- going to be doing to taxpayers who been forgiven as income—they have able people in this country. My hope have been planning on that deduction just had to take a shellacking because always has been that as a great nation and suddenly find it is not available. of the value of their home dropping we will not turn our backs on the chil- Another example is there are a few below the value of the mortgage. Lo dren of America. But year after year States—maybe half a dozen—that do and behold, when they get a break and that is exactly what we do. We con- not have a State income tax, but often sell in a short sale, they end up having tinue to have millions of children liv- the State government is in fact funded to pay income tax on that amount of ing in poverty. In fact, we have the by the State sales tax. My State of debt that was forgiven. highest rate of childhood poverty of Florida is one of those States. The I don’t think we want to do that. any major country on Earth. Almost 20 State of Washington is another, and That is why we have this provision to percent of our kids live in poverty. We the State of Texas is another. There exclude that debt forgiveness from the have about one out of four children in are about three others. income tax. But for all of the last 12 America who gets their nutrition from Therefore, if someone is in a State months it is not going to be forgiven if the food stamp program. that has a State income tax, and they we can’t pass this tax extenders bill. I I worry very much about the future are calculating their Federal income think we better get serious about it. of this country if we cannot stand with tax, they can deduct the State income We are talking about looking at this as the children of America; if we cannot tax in the deduction of the Federal in- the last piece of legislation this week make sure that working parents all come tax. to pass before we leave. We better get over this country have high quality, af- What about the poor people in the serious about it. fordable childcare. That is certainly States that don’t have the income tax? And lastly, let me say that every one not the case right now, despite the fact They should be able to deduct the simi- of us wants to treat teachers the right that virtually all psychologists recog- lar tax that we pay in our States, the way. Teachers haven’t been treated the nize that the most important years of State sales tax, and that provision has right way. As a matter of fact, a lot of a human being’s life are zero to four. been there in the Tax Code, but it is teachers are pulling money out of their But our childcare system is a disaster. not in there for 2014 because it lapsed, own pockets because their school dis- It is not only the children we have and we need to reenact it. tricts are not providing enough money turned our backs on. Increasingly we This is not a way to run a railroad for school supplies for those little chil- are turning our backs on senior citi- and tax policy, but unfortunately, be- dren. Those unselfish teachers are zens as well. It has distressed me for a cause it seems to have the word ‘‘tax’’ going into their own pockets to bring number of years to be hearing many of to it, it seems to be radioactive and, as out money to provide the supplies so my Republican friends and some Demo- a result, we have to wait until the elev- the kids can learn. Now if a courageous crats talking about the need to cut So- enth hour and the fifty-ninth minute and unselfish teacher does that, should cial Security—to cut Social Security. to pass it. we not at least give them a deduction There are various schemes out there— I certainly hope we will pass it this of that amount they paid for those some of them have to do with the so- week. school supplies for their children? called chained CPI—which would refor- Let me give you another example— Shouldn’t we let them deduct that in mulate how we determine cost-of-liv- the deduction for mortgage insurance calculating their income tax? ing adjustments for seniors. This premiums. When you want to buy a We have in the past. But we haven’t means, in fact, over a period of years home, the bank negotiates and sets up for calendar year 2014—this present significant reductions in what seniors a mortgage so you can buy the home. year. And that is another one of the de- and disabled veterans would get. Most banks will require you to take ductions that I hope the Congress will We have worked, I have worked, in out an insurance policy should you fail pass this week in order to take care of opposition to that concept for years. I to pay on that mortgage. We have al- our people. think we have beaten it back, but I ways had the deductibility of that in- But as we go through this in the fu- have no doubt that it will surface surance premium in calculating Fed- ture, why do we have to keep waiting again. There are folks who want to cut eral income taxes, and it particularly until the last minute so people can’t Social Security, and, in my view, we helps low- and middle-income people plan, so people get nervous, so people have to do everything we can not only deduct the amount they pay for private don’t know what to do, so people don’t to defeat that proposal but we have to mortgage insurance. So, therefore, know how to invest, so people don’t begin talking about how we expand So- what does that do? That helps those know how to preserve their land, their cial Security benefits. Because today low- and middle-income folks buy a business, and the future for their fami- the kind of benefits that millions of home. lies? This is no way to run a railroad. seniors get are simply not adequate for Isn’t home ownership something that Let us at least salvage some kind of them in terms of giving them the in- is desirable in America? I think so. victory from the jaws of defeat. I hope come they need to purchase the medi- Well, we better pass this tax extenders we will pass this bill in short order. cine they require, the food they need, bill. I yield the floor. the fuel to heat their homes in the win- I will give another example—exclud- The PRESIDING OFFICER (Mr. tertime, and other basic necessities. ing forgiven mortgage debt from in- WALSH). The Senator from Vermont. In terms of Social Security, let me be come. It allows people to exclude for- SOCIAL SECURITY very clear. Despite what folks on TV given mortgage debt from their in- Mr. SANDERS. Mr. President, it is may be saying, and some politicians come. Why am I raising this? Well, no secret to anyone in America that may be saying, Social Security is not haven’t we just gone through the worst the middle class of our country today going broke. Let me repeat: Social Se- recession since the Great Depression? is struggling; that while millions of curity is not going broke. Today Social Didn’t some people get so upside down American workers are now working Security has a surplus in the trust fund in their mortgage—with their mort- longer hours for lower wages than they of $2.76 trillion—a surplus of $2.76 tril- gage being at this level, but the value did in some cases 30 or 40 years ago—we lion—and can pay out benefits to every of their home dropping to this level—so are looking at a 40-year decline of the eligible American for the next 19 years, that they owed a much greater amount middle class—that almost all of the to the year 2033. So anyone who comes on their mortgage than the value of new income being generated today is forward and says Social Security is

VerDate Sep 11 2014 01:41 Dec 16, 2014 Jkt 049060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G15DE6.025 S15DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 15, 2014 CONGRESSIONAL RECORD — SENATE S6835 going broke, that is just factually not money; this is life-and-death money. spectrum, Democrats, Independents, true. Social Security can pay out every This is money that people need to buy Republicans. benefit owed to every eligible Amer- medicine, food, and to keep their Sadly, despite this overwhelming ican for the next 19 years. homes warm in the wintertime. support for expanding Social Security, We also hear the argument: Well, we I wish I could say otherwise, but the the CEOs at the Business Roundtable— have a large deficit, and Social Secu- truth is that the percentage of seniors the organization representing the larg- rity is one of the causes of our deficit living in poverty in America is going est corporations in America—came out and our national debt. That is abso- up. In 2011, the official senior poverty with a plan last year which does ex- lutely inaccurate. Social Security has rate was 8.7 percent. Last year the offi- actly what the American people do not not contributed one nickel to our def- cial senior poverty rate was 9.5 per- want to do. The American people want icit or our national debt, because So- cent. That is a pretty significant in- to expand Social Security and the cial Security, as every worker in Amer- crease in senior poverty. Business Roundtable came out with a ica knows, is independently funded But if we look at the Census Bureau’s plan that would increase the Social Se- through payroll tax contributions from more comprehensive measure of pov- curity retirement age from 67 to 70 and workers and employers—6.2 percent erty, which takes a careful look at the severely cut the COLA of senior citi- from each—and it does not receive out-of-pocket medical costs for seniors, zens and disabled veterans. funding from the Federal Treasury. the poverty rate for seniors is even The Congress and the Senate here So, a, Social Security is not going worse. According to this supplemental have got to make a very fundamental broke; and, b, it is not contributing to poverty measure from the Census Bu- decision, and that is: Do we listen to the deficit. But I will say this about reau, the real senior poverty rate in the American people who are hurting Social Security. In an incredibly vola- America is actually 14.6 percent. What today—the seniors who have worked tile economy, the stock market goes that means is that one out of seven their whole lives but who cannot get by up, the stock market goes down. Social seniors living in America last year in what in many cases are meager and Security, from its inception 79 years could not afford to meet their most inadequate Social Security benefits— ago, through good economic times and basic needs. do we listen to them? Do we stand up bad economic times, has paid out every The average Social Security benefit for and with the people who helped nickel owed to every eligible bene- today is just $14,000 a year. As someone build this country—who worked the ficiary with minimal administrative who will be the next ranking member farms, who worked in our factories, cost. of the Budget Committee, I intend to who served us in our Armed Forces? Do Social Security is not an investment do everything I can not only to oppose we stand with them and expand Social program. You can invest money on vigorously any efforts to cut Social Se- Security, or do we listen to those on Wall Street, and sometimes you do curity, I am going to do everything I Wall Street and corporate America who well. You can invest money on Wall can to expand Social Security benefits. want to cut Social Security benefits Street, and sometimes you lose your In fact, the best way to expand Social and in some cases want to privatize So- shirt. Social Security is a social insur- Security is to ask the wealthiest peo- cial Security? ance program. It has never failed 1 ple in our country to pay more into the This is a huge issue for tens of mil- American in 79 years. That is a pretty system by scrapping the cap on income lions of Americans. I intend to do ev- good record. that is subject to the Social Security erything I can not only to resist cuts But even with Social Security being payroll tax. As the Presiding Officer to Social Security but to do everything strong and solvent for the next 19 knows, right now a billionaire pays the we can to expand Social Security bene- years, we have to recognize we do have same amount into Social Security as fits for those seniors and disabled vets a retirement crisis in America today. I someone who makes $117,000 a year. So who desperately need that expansion. fear very much that the appropriations if there is a multimillionaire here— Mr. President, I yield the floor. bill just passed the other day, which somebody who is making $50 million— The PRESIDING OFFICER. The Sen- will allow pensions for millions of and somebody who is making $117,000, ator from Iowa. workers to be cut, is only going to ex- they both contribute the same amount BOUGH NOMINATION acerbate that problem. Today in Amer- into the Social Security trust fund. Mr. GRASSLEY. Mr. President, ica only one in five workers has a tra- This is regressive. This is unfair. This Members of the Senate, in a few hours, ditional defined benefit that guaran- is absurd. If we lifted this cap and ap- maybe within this day or tomorrow, tees income in retirement. plied the Social Security payroll tax to the Senate will be voting on several Amazingly enough, when we talk income above $250,000—not $117,000, but nominees to be district judges. I come about anxiety among the American $250,000 a year, we could not only ex- to the floor to speak about one of people, stress among the American peo- tend the solvency of Social Security these, Stephen Bough, of Missouri, for ple, and why people are angry, why for decades to come—which is what we a seat on the District Court of the they are fearful, over half of all Ameri- want to do—but we could also provide Western District of Missouri. cans have less than $10,000 in savings. the resources necessary to expand So- As I do with every nominee, I thor- Stop and think about that. If you have cial Security benefits. That is exactly oughly examined Mr. Bough’s record less than $10,000 in savings, an auto- what we should be doing, and that in with an eye at giving him and others mobile accident or needing a new car fact is what the American people want the benefit of the doubt if problematic can wipe you out; an illness can wipe us to do. issues arose. After full consideration of you out; a divorce can wipe you out. So In August 2014, a poll by Lake Re- that record, I am regrettably unable to we have millions and millions of Amer- search Partners asked likely voters if support this nominee. There are just icans sitting there wondering how they they support the idea of: too many data points—red flags, if you are going to retire with dignity when . . . increasing Social Security benefits will—which tell me that Mr. Bough they have $5,000, $8,000 or less in sav- and paying for that increase by having doesn’t have what it takes to serve in ings. wealthy Americans pay the same rate into a lifetime appointment on the Missouri Here is the importance of Social Se- Social Security as everybody else. District Court. curity: Two-thirds of senior citizens Interestingly, the poll found that 90 These red flags all relate to one trou- today depend upon Social Security for percent of Democratic voters said they bling question the nominee’s record more than half of their income; one- support the idea, and 75 percent strong- raises: whether Mr. Bough has the tem- third of all seniors depend upon Social ly support that idea of lifting the cap; perament to be a Federal judge. I have Security for at least 90 percent of their 73 percent of Independent voters sup- come to the conclusion that he doesn’t income. port that idea, 55 percent strongly sup- have that type of temperament. So I So when we talk about cutting Social port it; 73 percent of Republican voters would explain my conclusion. Security, understand that a third of support that idea, 47 percent strongly First, there is the issue of this nomi- seniors depend upon Social Security for support it. nee’s professional conduct. A specific at least 90 percent of their income. So there is for that idea enormously incident from last year demonstrates This is not extra money; this is not fun strong support across the political how Mr. Bough has engaged in what I

VerDate Sep 11 2014 01:41 Dec 16, 2014 Jkt 049060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G15DE6.027 S15DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6836 CONGRESSIONAL RECORD — SENATE December 15, 2014 believe to be unethical behavior that ments twice, and I told the nominee to mission responded with a lengthy and precludes him from service on a Fed- redact any content protected by attor- meticulous opinion that is striking in eral bench. ney-client privilege. The nominee has its strong language dismissing each of Last October, a member of the Mis- refused to provide those documents to Mr. Bough’s allegations. sissippi bar drew my attention to the me. The nominee has not provided to The Commission criticized Mr. nominee’s participation in a civil case me memorandums, billing records, or Bough’s allegations as ‘‘vague and in Federal District Court. The pre- any other materials to support his speculative’’ and said any violation siding judge on that case was the nomi- claim that he actually was working on which may have occurred was so minor nee’s former employer, Senior District that case; nor did the nominee attend as to not merit consideration. The Judge Scott O. Wright. any depositions or other pretrial hear- opinion concluded that Mr. Bough’s About a week before the nominee ings in that case. He made no filings complaint had no basis for its allega- signed on to the case, the plaintiff’s at- with the court. tions and was without merit. So the torney asked the court to transfer the In short, Mr. Bough has provided me bottom line is that the nominee was case to another judge. Judge Wright with almost nothing to support his using a government agency as a tool to denied that motion the next day. Then, claim that he actually did substantial harass a political opponent. just 1 week later, the nominee entered work on the case during the 7 months As I said earlier, that is behavior in- his appearance in the case. Mere hours he represented the client. dicative of a political operative, some- after that, Judge Wright recused him- It is for this reason and for the cir- one who is not going to be able to put self without any motion from the par- cumstances I have already described it all aside and consider cases objec- ties. that I am led to believe that the nomi- tively once he becomes a judge. Now why did Judge Wright do that? nee’s entry of appearance was not in From time to time some of my col- Well, when Mr. Bough joined the case, good faith. It looks to me like a text- leagues on the Judiciary Committee he created a conflict of interest with book case of judge shopping. have commented that the best evidence Judge Wright. You see, Mr. Bough was But the judge shopping is only one of for the type of judge a nominee will be Judge Wright’s law clerk and remains many red flags. Let me discuss another is the type of lawyer they have been. his close personal friend today. In fact, that gives me serious pause. So I think there is a lot of wisdom in Judge Wright had added the nominee The nominee has been active in that view. With this nominee we know to his personal conflicts list in January Democratic Party politics in the Kan- what kind of lawyer he has been, de- 2006, and Mr. Bough was well aware sas City area for a number of years. fending an unsavory client or rep- that he was on the conflicts list. So Now I want to make it very clear that resenting an unpopular cause is one Mr. Bough knew that by joining the I don’t hold that against him. I have thing; we expect lawyers to do that— case Judge Wright was guaranteed to said frequently over the years that I our system in fact demands that they recuse himself—and that is exactly never disqualify a judicial nominee do that—but acting as a political oper- what the plaintiffs tried unsuccessfully just because he or she has been politi- ative is an entirely different matter, and that is the kind of lawyer this to do just 1 week before Mr. Bough cally active. Instead, the issue for me nominee’s record shows him to have signed on and forced that recusal by is whether a nominee has shown that been: a lawyer steeped in bare-knuck- creating the conflict with the judge. they can shift gears and put aside their Now we can reasonably ask, why is previous political advocacy once they led political combat. I said at the beginning of this state- this significant? Well, what the nomi- put on the judge’s robe. This nominee’s ment that I am inclined to give nomi- nee did here is known as judge shop- record makes it abundantly clear that nees the benefit of the doubt when I ping. It is an unethical litigation prac- he wouldn’t be able to make the switch come across something in their record from political advocate to impartial tice that has been strongly criticized that raises my eyebrows. I probably by courts throughout the country. Es- arbiter of law. I will give you an example. In recent would have done that with this nomi- sentially, it is when a lawyer know- nee, too, if there had been just an iso- ingly creates a conflict with a judge in years the nominee has written a num- ber of blogs and those posts have been lated issue or a noncharacteristic lapse order to get the judge kicked off a case in judgment. But that is not what we about national politics. I have read his and replaced with a new and perhaps have here with Mr. Bough. Not only do posts. I would say some are of a stri- more favorable judge. That is the shop- we have unethical judge shopping, to dently political nature. Those don’t ping part. that we have to add a number of crass, bother me. Others though are simply The Michigan Supreme Court has ex- sexist, and insulting blog posts, and to too crude and sexist for me to quote. I plained that judge shopping ‘‘exposes that we also add a pair of frivolous challenge any Democrat who is voting the legal profession and the courts to complaints that abused the jurisdiction for this nominee to read those blogs contempt and ridicule.’’ The Fifth Cir- of a government agency in order to aloud to the public. I am confident cuit calls judge shopping ‘‘sheer manip- harass a political opponent. ulation of the justice system.’’ Another none of my colleagues will do that. So There are too many red flags for me Federal court has noted that the prac- I will just say that the sheer coarse- to support this nominee. tice is ‘‘universally condemned.’’ ness of those posts led me and other I yield the floor and suggest the ab- This isn’t the kind of professional members of our Judiciary Committee sence of a quorum. conduct we can accept in a nominee to to question whether Mr. Bough has a The PRESIDING OFFICER. The the Federal bench. temperament suited to the lifetime ju- clerk will call the roll. I gave Mr. Bough several opportuni- dicial service. The bill clerk proceeded to call the ties to explain his conduct in questions Unfortunately it is not just the blog roll. for the record that I submitted to him. posts that make me ask that question. Mr. HOEVEN. I ask unanimous con- What I learned from his responses was The nominee has shown in other con- sent that the order for the quorum call this: The nominee knew that by joining texts that he is first and foremost a po- be rescinded. the case he created conflict requiring litical operative rather than a zealous The PRESIDING OFFICER. Without Judge Wright’s recusal. advocate for a client or officer of the objection, it is so ordered. I also asked the nominee to provide court. For example, Mr. Bough has TAX INCREASE PREVENTION ACT our Judiciary Committee with the lodged two obviously frivolous and abu- Mr. HOEVEN. Mr. President, I am work he says he did while he was an at- sive complaints with the Federal Elec- here today to discuss the Tax Increase torney on that case. You see, I wanted tions Commission against a congres- Prevention Act. We are now getting to know whether the nominee joined sional candidate whom he opposed down to the end of the year. It is im- the case in good faith to work and to ideologically. In 2008 the Commission portant that we get our work done. An do it for the client, or joined just to dismissed the first of these complaints important part of that work is passing create a conflict with the judge. in a brief opinion. But in 2012, Mr. the Tax Increase Prevention Act. It is Mr. Bough responded that he pro- Bough redoubled his efforts and filed a often referred to as the tax extenders vided advice and edits on only three second 93-page complaint against the package. What it really does is it ex- documents. I requested those docu- same candidate. This time the Com- tends tax credits and deductions used

VerDate Sep 11 2014 02:41 Dec 16, 2014 Jkt 049060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G15DE6.029 S15DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 15, 2014 CONGRESSIONAL RECORD — SENATE S6837 by small businesses across this coun- slow down their purchase of equipment, Dennis Miller, who grew up in Stark try. The Tax Increase Prevention Act these manufacturing facilities slow County and worked for an ag equip- will extend for 1 year 55 different tax down as well. It means less business, ment dealership for 28 years, is simi- credits and deductions that expired ei- fewer workers needed, and fewer jobs. larly concerned. I am going to para- ther at the end of 2013 or during 2014. That is how it works. It is that simple. phrase from his letter. Four years ago This is a bill that has already passed The truth is that small business is the he started his own business, Southwest the House, and it passed with a huge backbone of our economy in this coun- AG Repair, Inc. He sells new McCor- margin, with a bipartisan vote of 378 to try. mick tractors and repairs all brands of 46. The hallmark of America is that it farm equipment. He has six employees. One of the most important provisions has historically been the best place in Mr. Miller wrote to me earlier this in the act is the section 179 deprecia- the world to do business. It is where ev- year, anxious about the expiration of tion and expensing provision for small erybody has always come to do busi- section 179: businesses. That is the provision I par- ness. We have always had the best It is going to cut sales of farm equipment ticularly want to focus on today and legal, tax, and regulatory business cli- drastically if the farmers don’t get a tax in- talk about and discuss why it is so im- mate. We provided the certainty busi- centive to purchase equipment. The loss of portant for our small businesses and nesses need to invest, to hire people, to sales will create backlash in the economy throughout the State and the country. There for our entire country. create jobs, and to grow the economy. Section 179 allows farmers and other has to be a better way to create the tax rev- That is the rising tide that lifts all enue. small businesses to expense and depre- boats—a higher standard of living for ciate property they have purchased or Mr. Miller, there is. You create tax our people and revenue from economic revenue with economic growth, not repaired for their operations. That is growth, not higher taxes, to reduce our important to them so that they don’t higher taxes, just like you create jobs, debt and deficit to get them under con- create economic activity, getting that see a tax increase, but it also keeps our trol as well. economy going. Without it, small busi- rising tide that lifts all boats—that is Let’s create that certainty for our when it enables us to invest in the fu- ness will buy and repair less equip- farmers and small businesses across ment, slowing down our manufacturing ture of our country, the roads and this great Nation. Let’s make sure bridges, our schools, and all of the base and slowing down our economy. their taxes don’t go up. Let’s start by Quite simply, that means fewer jobs. It things people want for this great Na- passing the Tax Increase Prevention tion. But it comes from a growing is not only because small business’s Act and section 179 expensing and de- costs are increased, but it is also be- economy. Of course, that is what cre- preciation now. ates the jobs we need for our families cause of the uncertainty that is cre- I would like to close by reading from ated when they don’t know the rules of across America. some of the letters I have received So when we talk about the Tax In- the road. That is why this fix needs to from some of my constituents. I think crease Prevention Act, that is what we be done on a permanent basis. so often that the hard-working tax- I think it could have been done on a are talking about. We are talking payers of North Dakota, the small about making sure here at the end of permanent basis this year. We were business people there who are getting working on a deal until the President the year that taxes don’t go up on it done every day, say it best. hard-working taxpayers across this threatened to veto that legislation. So The first one is from Dick Hedahl, now we have a 1-year fix, but we have country, that taxes don’t go up on our owner of Bismarck-based Hedahls Auto small businesses across the country, broad support in this Chamber for the Plus. He said: Without section 179 and 1-year fix. We need to pass it now and and that we understand that is truly the bonus depreciation, Hedahls Auto the backbone of our economy, that all then go back to work on a permanent Plus would really have felt the pinch fix next year. those people and all those small busi- last year when we purchased equip- nesses are the ones who make our econ- I was home for the weekend about a ment to service diesel powered trucks week ago, and I was talking to some of omy go every minute of every day. and heavy equipment. It is time to act. The time is here. the farmers in our State. They told me Since the growth in the Bakken, his The votes are here on a bipartisan what they have been telling me for services have been especially impor- basis in this body to get it done. Let’s some time now; that is, they need the tant because he can save clients thou- get it done. Our American citizens, our section 179 expensing and depreciation, sands of dollars by refurbishing worn hard-working taxpayers have waited they need to know the rules of the diesel engine blocks. What makes the long enough. road, and they need to know it now. refurbishing possible is the 100 percent With that, I yield the floor. We are at year-end. They are doing American-made equipment Hedahl I suggest the absence of a quorum. their year-end planning. They are bought in 2012 and 2013 for $450,000. At The PRESIDING OFFICER. The doing their tax work. Some are still ne- a 34-percent tax rate, he says he would clerk will call the roll. gotiating on buying equipment for next not have been able to make those The assistant legislative clerk pro- year. The depreciation and expensing equipment purchases work, but with ceeded to call the roll. rules affect the decisions they make. section 179 expensing and depreciation, Mr. CARPER. Mr. President, I ask They will also affect the number of he was able to make those things work. unanimous consent that the order for jobs in our economy. Agriculture alone As a result, he is providing jobs in the the quorum call be rescinded. is responsible for 16 million direct and western part of our State. Hedahls The PRESIDING OFFICER. Without indirect jobs in our economy. Ag is also Auto Plus employs more than 200 peo- objection, it is so ordered. a sector of our economy that produces ple. SALDANA AND DEYO NOMINATIONS a positive balance of trade. American Another constituent wrote in. Leann Mr. CARPER. Mr. President, it is agriculture provides the highest qual- Slaubaugh of Rolette writes: good to see you here today. The place ity and lowest cost food supply in the I am concerned about Section 179 and what is a little empty. I am glad the Pre- world. It is something that benefits this is doing to the agricultural sector in siding Officer, our staff, and our pages every single American every day. North Dakota. Farm equipment is not being are all here. Section 179 expensing and deprecia- sold, as the farmers are concerned about the I rise today to urge my colleagues to tion is important for other small busi- amount they will have to pay taxes on. I support two critical nominations to nesses as well. And it is not just small farm with my husband and work at a small the Department of Homeland Security. businesses, it helps keep our large in- town farm supply. Farmers have quit spend- They are Russ Deyo to be the Under dustries going too. For example, Case ing due to low commodity prices and Section Secretary for Management at the De- New Holland and John Deere have 179. I am concerned with the effect on our partment of Homeland Security and manufacturing plants in my home small town economy if Section 179 is not re- vised. After meeting with our tax consult- Sarah Saldana to be the Assistant Sec- State. They produce tractors, balers, ant, we are concerned with the possible tax retary for Immigration and Customs and other equipment. In addition, they liability we are facing and what this means Enforcement. also make industrial equipment. When to the future of our family farm. Please push The committee which I am privileged farmers and other small businesses for revision of Section 179. to lead, along with Dr. TOM COBURN,

VerDate Sep 11 2014 04:59 Dec 16, 2014 Jkt 049060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G15DE6.032 S15DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6838 CONGRESSIONAL RECORD — SENATE December 15, 2014 the Homeland Security and Govern- audit—something the Department was zation that looks across the Federal mental Affairs Committee, is respon- able to achieve again this year for the Government and asks questions of a lot sible for working with the administra- second year in a row. Why is that im- of employees to really ascertain where tion and others to help protect our Na- portant? I have a friend, and if you ask morale is high, where some of the fa- tion’s security at home and abroad. At him how he is doing, he says: Compared vorite places are for people to work in the same time, we strive to make sure to what? Well the Department of the Federal Government. The Nuclear Federal agencies work better and more Homeland Security—it took them al- Regulatory Commission for a number efficiently with the resources that are most a decade to get an unqualified of years has led the pack there. There entrusted to them by the American audit, a clean financial audit. The De- are roughly 15 big Departments that people. partment of Defense has been around a are part of that survey, but all told, During my years of public service, I whole lot longer—since the end of there are something like 314 Federal have learned that the most important World War II. They have yet to get a agencies that are surveyed to make up ingredient in helping organizations to clean financial audit. They are making this list, and the Department of Home- work is leadership. I do not care wheth- some progress finally. But the Depart- land Security runs dead last among the er the organization is a body such as ment of Homeland Security achieved it big Departments that are surveyed. this, a governing body, I do not care 2 years ago and then again this year. Out of all of the Federal agencies that whether it is a sports team, a business, I think it is safe to say that the De- are surveyed, and there are 314 in all, partment needs somebody with the college or university, a school, the ICE, Immigration and Customs En- same kind of commitment and leader- most important ingredient in the suc- forcement, which Sarah Saldana has ship Rafael Borras brought. I believe, cess of that organization is leadership. been nominated to lead—dead last. Secretary Johnson believes, and the The Presiding Officer is one who has Dead last. One of the reasons why, President believes Russ Deyo is that led the National Guard for the State of when I talk to people at the Depart- Montana for a number of years. He person. Mr. Deyo had an impressive career in ment of Homeland Security, employ- knows just what I mean. I thank him the private sector, for 27 years helping ees, whether they happen to be cus- for his service and for his leadership. to lead Johnson & Johnson, one of the toms agents, whether they happen to When it comes to the Department of top companies not just in America but be folks down on the border, Border Pa- Homeland Security, the absence of in the world. There, he was the general trol, whether they happen to be TSA leadership throughout the Department counsel, and he was vice president for folks—whatever role they are playing has been a great challenge and a major administration. We are so lucky that across the country and around the cause of the low standing in terms of someone with his capabilities, his com- world, among the major factors they employee morale that Department mitment, his smarts, his leadership point to, explaining the low morale, is faces. skills, and his integrity is willing to lack of leadership, lack of confirmed As we know, the Congress is going to serve in the Federal Government at leadership. We have worked so hard to soon wrap up our session for the year— this level. He also spent the last 15 address that. We have two holes left. in a couple of days. Senators have the years serving on the executive com- One of them will be filled by Mr. obligation to fill two key leadership mittee at Johnson & Johnson, which is Deyo—we need to confirm him—and posts in the Department of Homeland the principal management group re- the other by Sarah Saldana. Security in the days that lie ahead. sponsible for the company’s global op- Here is what former DHS Secretary One is the Under Secretary for Manage- erations. He was also a partner at a Michael Chertoff—Judge Chertoff—had ment. Mr. Deyo has been nominated by major U.S. law firm. to say when he introduced Mr. Deyo at the President. I believe he is a Repub- Russ Deyo is no stranger to public his confirmation hearing before the lican. The other is the Assistant Sec- service and working with law enforce- homeland security committee earlier retary for Immigration and Customs ment organizations. He was assistant this year. Here is what the former Sec- Enforcement, Sarah Saldana. U.S. attorney for New Jersey for 8 retary said: As we all know, this Department years. That included a period of time Russ brings to the position he has been plays a critical role in protecting our as chief of public corruption unit there. nominated for a broad range of experience Nation from a number of threats, in- His perspective from the private and with one of the best enterprises in the world. cluding terrorism, cyber attacks, and public sectors will be an invaluable That is Johnson & Johnson. natural disasters, just to name a few. asset to Secretary Jeh Johnson, par- You will find him to be a smart, experi- Given the Department’s significant ticularly as the Secretary implements enced, and devoted public servant who will role in the security of our country, it is his Unity of Effort Initiative at the De- actually bring a unique set of skills to this critical that Secretary Jeh Johnson partment, which strives to help the De- job which are very critical. have a full leadership team in place. partment operate in a more unified, co- This is a former Secretary of the De- That includes Russ Deyo as his Under hesive manner across all components. partment. He said: Secretary for Management. That is the If confirmed, Mr. Deyo will have a I could not give a stronger endorsement to third highest position in the Depart- number of other challenges on his Mr. Deyo for this position. ment. plate. For example, our friends at the Mr. Deyo has also received strong en- I wish to take a couple of minutes to Government Accountability Office con- dorsements from three former Under explain why Mr. Deyo’s nomination is tinue to remind us that the acquisition Secretaries for Management at DHS, so important. As of this week more and budgeting systems at the Depart- people who have had this job, done this than 10 months will have passed since ment of Homeland Security are not job before: Paul Schneider, Elaine the last Senate-confirmed Under Sec- fully mature. In fact, the overall man- Duke, and the immediate past Under retary for Management, Rafael Borras, agement of the Department remains on Secretary, Rafael Borras, whom I men- stepped down from his post. He was an the Government Accountability Of- tioned earlier. Here is what they had to excellent public servant, a great lead- fice’s high-risk list of government op- say. Here is what the three of them, in er. We salute him and wish him well. erations that need urgent attention. Of unison, had to say about Russ Deyo: But he has been gone for almost a year, course, if Mr. Deyo is confirmed, he and since then the Department has not will inherit the challenges of improv- Russ Deyo is an outstanding choice by the had Senate-confirmed leadership. They President to be Under Secretary for Manage- ing morale across the Department. ment. need it. These are tough challenges, and some An impressive leader, he brings the req- Under Secretary Borras was widely have been around since the creation of uisite skills, experience, and leadership to respected by members of our com- the Department. But I believe Mr. this important position. He is recognized as mittee in the Senate and the House and Deyo has the leadership experience and a professional, unflappable statesman who others for his leadership, management the skills necessary to tackle these can meet head-on the challenges this posi- expertise, and most of all, maybe, for challenges and to really make a dif- tion faces and get results. his candor. He helped the Department ference. I have had the privilege of meeting make strides in many areas and led the I will take a moment here, if I can. with him. I don’t make snap judgments Department to its first clean financial Every year there is a nonprofit organi- about people, but he is one impressive

VerDate Sep 11 2014 02:41 Dec 16, 2014 Jkt 049060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G15DE6.038 S15DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 15, 2014 CONGRESSIONAL RECORD — SENATE S6839 human being, one impressive leader. distinguished record representing the I hope Ms. Saldana, the first Hispanic Everything I have learned about Mr. U.S. Government as the senior law en- person and second woman to be nomi- Deyo over the past several months has forcement officer in one of the largest nated to Immigration and Customs En- led me to conclude that he would be districts in the Nation. forcement, does not fall victim to poli- not only an exceptional candidate to be It spans some 100 counties. I don’t tics as usual in the Senate. She is by a manager at DHS but a terrific Under know how many counties the Presiding all accounts exactly what this critical Secretary if confirmed. Officer has in the State of Montana— agency needs: a proven leader and a re- I urge all my colleagues to support we have three—but she presides over a spected member of the law enforce- the nomination of Russ Deyo. law enforcement operation that has 100 ment community. I wish to take a few more moments counties in the northern part of Texas. What do they say about integrity? If to turn to the nomination of Sarah In this role, she deals as closely and you have it, nothing else matters. In- Saldana to be the Assistant Secretary extensively as anyone else with the tegrity, if you don’t have it, nothing for Immigration and Customs Enforce- threats this country faces every day else matters. She has it. ment at the Department of Homeland from transnational criminal networks. She will have a tough job ahead of Security. This experience will serve her well if her if she is confirmed this week, but I We call it ICE, the acronym. As I said confirmed to lead ICE. believe she is more than up to the task. earlier, of the 314 Federal agencies that Don’t take my word for it. One of our I urge so strongly for our colleagues to are evaluated top to bottom in terms of good friends in the Senate, JOHN COR- join me, to join Senator CORNYN, and employee satisfaction, ICE was dead NYN, the senior Senator from Texas, others to support her. We will never re- last, No. 314. felt strongly enough about her quali- gret it. It has been almost 11⁄2 years since fications that he personally introduced With that, I am looking around the they had a Senate-confirmed leader. Ms. Saldana at her confirmation hear- Senate Chamber. I know we are going They need one—not just anyone, they ing before the committee Dr. COBURN to have a lot of folks voting, but I need a terrific leader. We believe Sarah and I lead, the Committee on Home- don’t see anybody to speak. Saldana fills that bill and meets the land Security and Governmental Af- I suggest the absence of a quorum. qualifications and the needs very well. fairs. The PRESIDING OFFICER. The Immigration and Customs Enforce- Senator CORNYN said about Sarah clerk will call the roll. ment—ICE, as we call it—is a vital law Saldana: The assistant legislative clerk pro- enforcement agency within the Depart- In her role as U.S. Attorney and prosecutor ceeded to call the roll. ment of Homeland Security. As I said over the past decade, Ms. Saldana has served Mr. CARPER. I ask unanimous con- our State with honor, fighting corrupt public sent that the order for the quorum call earlier, it has been without a Presi- officials, organized crime, sex traffickers, dentially appointed and confirmed be rescinded. and other dangerous criminals. The PRESIDING OFFICER. Without leader for almost 11⁄2 years—far too That sounds like a highly qualified objection, it is so ordered. long, particularly considering all the candidate to me. That is not all Sen- issues we face along our borders and Mr. CARPER. I have been asked to ator CORNYN had to say about Ms. the more than 400 laws—think of that— lead us through this wrapup session, Saldana. He went on to say this as even though it is a little early to wrap that this agency, ICE, Immigration and well: Customs Enforcement, is required to up, but I want to walk through it if I If respect for the rule of law is our stand- can. enforce. ard, and I think it should be, we would be f Some of my colleagues may not be hard pressed to find a person more qualified familiar with what ICE does and why it to enforce the law than Ms. Saldana. COLLECTIBLE COIN PROTECTION is so critical for the agency to have That is high praise indeed and I ACT Senate-confirmed leadership in place. couldn’t agree more. Mr. CARPER. Mr. President, as in I wish to take a minute to address Some are arguing we should not con- legislative session, I ask unanimous that. ICE is one of the Nation’s law en- firm Ms. Saldana because of the Presi- consent that the Committee on Com- forcement agencies, with more than dent’s recent Executive action on im- merce, Science, and Transportation be 19,000 employees in all 50 States, the migration. This decision will provide, discharged from further consideration District of Columbia, and 48 foreign though, relief from deportation for as of H.R. 2754 and the Senate proceed to countries. What do all these people do? many as 5 million undocumented im- its immediate consideration. That is a fair question. migrants living in the shadows today, The PRESIDING OFFICER. Without In 2013 ICE special agents initiated law-abiding people who are productive objection, it is so ordered. over 125,000 new investigations, made members of our communities. The clerk will report the bill by title. over 40,000 criminal arrests, seized $1.3 Still, some argue the President’s ac- The assistant legislative clerk read billion in currency and assets and took tions should preclude the Senate from as follows: $1.6 million pounds of narcotics and confirming even a highly qualified can- A bill (H.R. 2754) to amend the Hobby Pro- other dangerous drugs off our streets. didate such as Sarah Saldana to this tection Act to make unlawful the provision That is just part of what they do. critical position. I think that is absurd. of assistance or support in violation of that On any given day ICE arrests 370 We have before the Senate a highly Act, and for other purposes. criminal aliens in the interior of our qualified candidate, a person who—ac- There being no objection, the Senate country, has 34,000 people in detention, cording to her neighbor and the senior proceeded to consider the bill. and moves nearly 500 criminal aliens Senator from Texas—is fiercely inde- Mr. CARPER. I ask unanimous con- from our country—on any given day. pendent, has served with honor in her sent that the bill be read a third time Managing such a large agency, with current role, and respects the rule of and passed and the motion to recon- one of the most complex missions in law. sider be considered made and laid upon the Federal Government, is a tall It does not punish the President to the table. order. Thankfully, Ms. Saldana has leave this position unfilled, it punishes The PRESIDING OFFICER. Without agreed to step up to this challenge. the citizens of our country. It makes it objection, it is so ordered. She is a true American success story. harder for ICE to accomplish its mis- The bill (H.R. 2754) was ordered to a She rose from humble beginnings in sion, and it hurts the men and women third reading, was read the third time, South Texas as the youngest of seven at ICE who deserve a leader to ensure and passed. children to become an accomplished that this agency runs as efficiently as f partner at a major law firm. She is now possible. the Nation’s top law enforcement offi- I believe the President acted within REVISING THE BOUNDARIES OF cers. the bounds of the law in announcing CERTAIN JOHN H. CHAFEE Ms. Saldana was unanimously con- his executive action. But whether you COASTAL BARRIER RESOURCES firmed by the Senate in 2011 to her cur- agree with me, opposing Ms. Saldana’s SYSTEM UNITS rent position as U.S. attorney for the nomination will do nothing to change Mr. CARPER. Mr. President, as in Northern District of Texas. She has a what the President has done, nothing. legislative session, I ask unanimous

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