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

Vol. 158 WASHINGTON, MONDAY, JULY 23, 2012 No. 110 Senate The Senate met at 2 p.m. and was appoint the Honorable RICHARD BLUMEN- understand why anyone would target called to order by the Honorable RICH- THAL, a Senator from the State of Con- so many innocent people. ARD BLUMENTHAL, a Senator from the necticut, to perform the duties of the Chair. Friday’s events were a reminder that State of Connecticut. DANIEL K. INOUYE, nothing in this world is certain and President pro tempore. that life is precious and short. Today PRAYER Mr. BLUMENTHAL thereupon as- we pause to mourn the dead but also to sumed the chair as Acting President The Chaplain, Dr. Barry C. Black, of- honor how they lived. We pledge our pro tempore. fered the following prayer: support to the people of Aurora, CO, Let us pray. f both as they grieve and as they begin to heal from this terrible tragedy. Eternal Savior, our help in ages past, RECOGNITION OF THE MAJORITY RECOGNITION OF THE MINORITY LEADER take our lawmakers to a safe refuge, LEADER for You are their strong defense. Let The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- them find safety under Your wings, as pore. The Republican leader is recog- pore. The majority leader is recog- You protect them with Your constant nized. nized. love and faithfulness. Today, refresh AURORA, COLORADO SHOOTINGS our Senators with Your spirit, quicken f Mr. MCCONNELL. Mr. President, we have all been sifting through the their thinking, reinforce their judg- MIDDLE CLASS TAX CUT ACT— ment, and strengthen their resolve to events of last Friday, and I think it is MOTION TO PROCEED entirely appropriate for the Senate to follow You. Show them what needs to Mr. REID. Mr. President, I move to take a moment today to acknowledge, be changed and give them the courage proceed to Calendar No. 467. as we just did, the victims of this and wisdom to make the changes. The ACTING PRESIDENT pro tem- nightmarish rampage, their families, Lord, we conclude this prayer by ask- pore. The clerk will report. and the wider community of Aurora. ing You to embrace with Your arms of The legislative clerk read as follows: In the life of a nation, some events mercy the victims and the families af- are just so terrible they compel all of fected by the tragic shooting in Au- Motion to proceed to Calendar No. 467, S. 3412, a bill to amend the Internal Revenue us to set aside our normal routines and rora, CO. We pray in Your holy Name. Code of 1986 to provide tax relief to middle- preoccupations, step back, reflect on Amen. class families. our own motivations and priorities, f MOMENT OF SILENCE and think about the kind of lives we all aspire to live. This is certainly one of PLEDGE OF ALLEGIANCE Mr. REID. Mr. President, I ask unan- imous consent that the Senate now ob- those times. The Honorable RICHARD BLUMENTHAL serve a moment of silence for the vic- As is almost always the case in mo- led the Pledge of Allegiance, as follows: tims of the shooting in Colorado. ments such as this, the horror has been I pledge allegiance to the Flag of the The ACTING PRESIDENT pro tem- tempered somewhat by the acts of her- United States of America, and to the Repub- pore. Without objection, it is so or- oism and self-sacrifice that took place in the midst of the violence. I read one lic for which it stands, one nation under God, dered. indivisible, with liberty and justice for all. report that said three different young (Moment of Silence.) f men sacrificed their own lives in pro- AURORA, COLORADO SHOOTINGS tecting the young women they were APPOINTMENT OF ACTING Mr. REID. Mr. President, this after- with. We know the first responders and PRESIDENT PRO TEMPORE noon the Senate pauses to remember nurses and doctors saved lives too, in- those killed in last week’s horrific The PRESIDING OFFICER. The cluding the life of an unborn child. shooting in Colorado. clerk will please read a communication I think all of us were moved over the Among the dead was 26-year-old Jon- to the Senate from the President pro weekend by the stories we have heard athan Blunk—a graduate of Hug High tempore (Mr. INOUYE). about the victims themselves. It is School in Reno, NV, a Navy veteran The legislative clerk read the fol- hard not to be struck by how young and father of two. My heart goes out to lowing letter: most of them were, of how many his loved ones and to all the victims dreams were extinguished so quickly U.S. SENATE, and their families as they struggle to and mercilessly, but we were also PRESIDENT PRO TEMPORE, Washington, DC, July 23, 2012. make sense of the senseless. How can moved by the outpouring of compas- To the Senate: you make sense of something that is so sion that followed and by the refusal of Under the provisions of rule I, paragraph 3, senseless? We may never know the mo- the people of Aurora to allow the mon- of the Standing Rules of the Senate, I hereby tivations behind this terrible crime or ster who committed this crime to

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

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VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.000 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5240 CONGRESSIONAL RECORD — SENATE July 23, 2012 eclipse the memory of the people he than the Defense authorization bill. I morale, their welfare? Cannot we pass killed. respectfully but vehemently disagree a defense authorization bill through President Obama, Governor Hicken- with that statement. this body? Are we so parochial? Is the looper, and the religious leaders in and According to the majority leader, Senate majority leader oblivious to the around Aurora are to be commended ‘‘We’re going to have to get to cyberse- needs of the men and women who are for the time and effort they have put curity before we get to the defense au- serving this Nation? They deserve bet- into consoling the families of the vic- thorization bill because on the relative ter than what they are getting from tims and the broader community. I merits, cybersecurity is more impor- the leadership of this Senate. think the best thing the rest of us can tant.’’ The Senate Armed Services Com- do right now is to show our respect for Let me repeat this. The majority mittee version of the fiscal year 2013 those who have been affected by this leader of the Senate is arguing that National Defense Authorization Act terrible and senseless crime and to con- legislation dealing with cybersecu- provides $525 billion for the base budget tinue to pray for the injured, that they rity—which is a subset of national se- of the Defense Department, $88 billion recover fully from their injuries. curity, of national defense—is more for operations in Afghanistan and There are few things more common important than legislation responsible around the world, and $17.8 billion to in America than going out to a movie for ensuring that the men and women maintain our nuclear deterrent. with friends, which is why the first re- of the Armed Forces have the resources In the area of pay and compensation, sponse most of us had to the shootings and authorities necessary to ensure our the bill authorizes $135 billion for mili- in Aurora was to think: It could have national security—a bizarre statement. tary personnel, including costs of pay, been any of us. It is the randomness of I have been involved in national secu- allowances, bonuses, and a 1.7-percent a crime such as this that makes it im- rity issues for a long time. I have been across-the-board pay raise for all mem- possible to understand and so hard to involved with the bills concerning na- bers of the uniformed services, con- accept. But as the Scripture says, ‘‘The tional defense, and I have never heard sistent with the President’s request. rain falls on the just and the unjust.’’ a statement that cybersecurity is more The bill improves the quality of life of So we accept that some things we important than the overall security of the men and women in the Active and just can’t explain. Evil is one of them. this country. That either was the ma- Reserve components of the all-volun- We take comfort in the fact that while jority leader misspeaking or the major- teer force. It helps to address the needs tragedy and loss persist, so does the ity leader having a lack of under- of the wounded servicemembers and goodness and generosity of so many. standing of what national security is their families. It also authorizes im- Now I would like to join Governor all about. portant military construction and fam- Hickenlooper in honoring the victims He is arguing that a controversial ily housing projects that cannot pro- by reciting their names: and flawed bill on cybersecurity—a bill ceed without specific authorization. Veronica Moser-Sullivan, Gordon of such ‘‘significance’’ that it has lan- All major weapons systems are au- Cowden, Matthew McQuinn, Alex Sul- guished for over 5 months at the Home- thorized in this legislation, including livan, Micayla Medek, John Larimer, land Security and Governmental Af- those that will benefit by the commit- Jesse Childress, Alexander Boik, Jona- fairs Committee, with no committee tee’s continuous rigorous oversight of than Blunk, Rebecca Ann Wingo, Alex- markup or normal committee process, poorly performing programs. Every ander Teves, Jessica Ghawi. no amendments—should take prece- piece of equipment—large or small— We too will remember. dence over a bill which was vetted for that the Department of Defense needs RESERVATION OF LEADER TIME over a period of 4 months by the Senate to develop or procure is authorized in The ACTING PRESIDENT pro tem- Armed Services Committee and re- that legislation. pore. Under the previous order, the ported to the floor with the unanimous With the planned reductions in Af- leadership time is reserved. support of all 26 members, which cer- ghanistan, the importance of providing Mr. REID. Mr. President, I suggest tainly would not have been the case if for our deployed troops while training the absence of a quorum. there had been a vote on cybersecurity and transitioning responsibilities to The ACTING PRESIDENT pro tem- legislation as it is presently proposed, the Afghan forces has never been more pore. The clerk will call the roll. because I am a member of that com- important. The bill provides our serv- The legislative clerk proceeded to mittee and I and others certainly ice men and women with the resources, call the roll. would never have supported this legis- training, equipment, and authorities Mr. MCCAIN. Mr. President, I ask lation and at least we should have been they need to succeed in combat and unanimous consent that the order for allowed the amendment process. But stability operations. It also enhances the quorum call be rescinded. that is not the case with ‘‘cybersecu- the capability of U.S. forces to support The ACTING PRESIDENT pro tem- rity.’’ the Afghan National Security Forces pore. Without objection, it is so or- Also, I might add, I understand we and Afghan local police as they assume dered. will have to have a motion to proceed, responsibility for security throughout DEFENSE AUTHORIZATION which then will drag us into next week, Afghanistan by the year 2014. Mr. MCCAIN. Mr. President, I rise to when we could—I emphasize could—fin- The bill contains important initia- once again urge the majority leader of ish the Defense authorization bill in 1 tives intended to ensure proper stew- the Senate to bring to the floor for de- week and at most 2. ardship by the department of taxpayer bate one of the most important pieces I remind my colleagues that consid- dollars by, among other things, codi- of legislation that comes before this eration of the Defense authorization fying the 2014 goal for it to achieve an body each year; that is, the national bill is more than a simple right of this auditable statement of budgetary re- defense authorization bill. body. It is an obligation to our na- sources, strictly limiting the use of On several occasions I have ap- tional defense and a fulfillment of our cost-type contracts for the production proached the majority leader and asked responsibility to the men and women of major weapons systems, requiring him to consider this legislation which, in uniform that the Senate has honored the Department of Defense to review for the last 50 years, this body has over the past 50 consecutive years. its existing profit guidelines and revise taken up, debated, amended, passed, I would say to my colleagues, today I them as necessary to ensure an appro- conferenced with the House of Rep- went out to Bethesda Walter Reed to priate link between contractor profits resentatives, and sent to the President visit with our wounded. It is always an and contractor performance, enhancing for the President’s signature. uplifting and always an incredible ex- protections for contractor employee Last week, the majority leader, the perience for me to make that visit. whistleblowers, and restricting the use Senator from Nevada, stated that Sen- Cannot we—cannot we—as a body, for of abusive ‘‘passthrough’’ contracts. ate consideration of a controversial the sake of those men and women Another vitally important provision and flawed bill on cybersecurity—a bill whose lives are on the line, pass a de- in the bill repeals provisions of last that has not been considered in the fense authorization bill that is respon- year’s National Defense Authorization regular order—is more important and sible for their security, their training, Act that threaten to upset the delicate of a higher national security priority their weapons, their equipment, their balance between the public sector and

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Implying there is a rigid class With respect to cybersecurity, I am coming apart and in danger of—because structure in America suggests some in full agreement that the threat we of this administration’s failure to people were born innately superior to face in the cyber domain is among the lead—that there can be chemical weap- others, and that where you were born is most significant and challenging ons not only spread around Syria but where you stay. threats of 21st century warfare. This also in other places as well. There is a That is not what we believe in Amer- threat was made even more evident by danger of chemical weapons that are ica. A true class-based society is one in the recent leaks about Stuxnet coming presently under Bashar Assad’s control which one ruling class employs another from this administration. That is why flowing to Hezbollah, presenting a class that labors but cannot own prop- the Defense authorization bill takes grave threat to the security of Israel. erty or move out of their class. great steps to improve our capabilities All these things are happening in the This is not who we are in America. by consolidating defense networks to world without this body acting on the We do not have an ingrained class sys- improve security and management and most important piece of legislation as tem. There are no noble bloodlines. We allow critical personnel to be reas- far as our national security is con- do not have an aristocracy or com- signed in support of offensive cyber cerned, and the majority leader of the moners or people who are legally un- missions which are presently under- Senate apparently has decided not to able to own land, for example, because staffed. It also provides policy guid- bring it up and wants to bring up cy- of their class. Spreading economic re- ance to the Department of Defense to bersecurity instead. It is a grave injus- sentment weakens American values and ideals, and it ignores the uniquely address the clear need for retaliatory tice—a grave injustice—to the men and meritocratic basis of our society where capabilities to serve both as a deter- women who are serving this Nation and you can succeed if you work hard, and rence to and to respond in the event of sacrificing so much. you can do well. a cyber attack. I hope the majority leader of the Sen- Generations arrived here in America Based on the procedures the Senate ate, who by right of his position and in to get away from class societies in Eu- has been following over the past few the majority decides the agenda for the rope. They believed in that years—with little or no opportunity for Senate, will change his mind and bring meritocracy. They wanted the oppor- debate and amendments—the majority up the Defense authorization bill, tunity to make it in the land of self- leader apparently intends to rush which I assure him we can have passed government and equal rights and op- through the Senate a flawed piece of by this body, as always, in a near unan- portunity, to work and compete and to legislation. The cybersecurity bill he imous vote, if not totally unanimous build something of their own, some- intends to call up later this week is vote, for the benefit of the security of thing they could perhaps one day pass greatly in need of improvement, both this Nation. on to their children. in the area of information sharing I yield the floor. In America we believe everyone can among all Federal agencies and the ap- I suggest the absence of a quorum. achieve the American dream regardless propriate approach to ensuring critical The ACTING PRESIDENT pro tem- of background. And how many rags-to- infrastructure protection. pore. The clerk will call the roll. riches stories are there out there? The assistant legislative clerk pro- Without significant amendment, the There are countless. How many from ceeded to call the roll. current bill the majority leader intends one generation to the next, and by the Mr. KYL. Mr. President, I ask unani- to push through the Senate has zero third generation you had an incredibly mous consent that the order for the chance of passing the House of Rep- more successful generation than the quorum call be rescinded. resentatives or ever being signed into first. Think of all the people who had a The ACTING PRESIDENT pro tem- law; whereas, the Defense authoriza- big dream and built something or made pore. Without objection, it is so or- tion bill, if we would take it up and something that changed lives; maybe a dered. pass it, clearly, we would have a suc- company that employs a lot of people cessful conference with the House, and CLASS WARFARE or a product that makes life easier or we would send it—after voting on the Mr. KYL. Mr. President, I wanted to maybe even just more fun. We have dif- conferenced bill—to the President for say a few words today about the cur- ferent talents to offer and different his signature. There is no chance the rent debate over ‘‘class,’’ a term that ideas of success and what we want to cybersecurity bill the majority leader has been ubiquitous in this election do with our lives, and that is all part of wants to bring to the floor will have a year. Its usage in political rhetoric is, the American story. chance of passage in the House of Rep- I believe, misguided and wrong and As columnist Robert Samuelson resentatives. even dangerous. Most prominently, we noted recently, four modern-day Presi- So here is the choice: take up the De- have a President who talks incessantly dents—Obama, Clinton, Johnson, and fense authorization bill, which has im- about class, particularly the middle Eisenhower—all came from very mod- portant cybersecurity provisions in it class. Maybe you have noticed that. est backgrounds. So we don’t need the and provides for the overall defense of He defines class strictly by your in- current President touring the country the Nation, or take up a flawed bill come. In the President’s narrative, and defining every American’s values that never went through the com- someone who makes $199,000 a year is a and status based upon a class system mittee, was never amended, take it to member of one class, and someone who he has made up. the floor, use up 1 week while we go makes $200,000 belongs to another If we want to talk about income and through the motion to proceed, and class. Does that make sense? Indeed, mobility, which is the basis of the class then maybe pass it, maybe not, and not each day the President is out on the debate, let’s do that. And that leads to have it even considered by the other campaign trial championing himself as my second point. Income in America is body during the month of September, the great protector of what he calls the fluid; that is, there is ample evidence which is the last we will be in session middle class, and pitting those Ameri- that people can and do move among in- before the election. cans against their fellow citizens by ar- come groups. Our economists study For the life of me, I do not under- guing that the wealthiest class is vic- this. They divide our country into stand why the majority leader of the timizing them through the Tax Code. quintiles and they talk about how peo- Senate should have so little regard for If wealthy people are not made to ple move from one quintile into an- the needs of the men and women who pay more, he argues, the middle class other quintile, and they do this are serving in the military today, and will be stuck in their current stations. throughout their life. You know, I hope he will understand better the What one class wins, he implies, the younger people start in the lower needs to defend this Nation, as we are other class loses. In this, I believe he is quintiles and as they get education and still involved in conflict in Afghani- wrong. Moreover, I believe such a for- get work and then get improved work stan, we face a major crisis with Iran mulation is contrary to four centuries and more experience, they move into over their continued development of of American history. higher quintiles.

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In other words, high in- scandal demonstrates what can happen mon citizens, and they do not particu- come status is often the result of 1 or when government tramples free mar- larly like somebody identifying them 2 years of financial success, frequently kets in a misguided attempt to pick as a class in order to suggest they are based on the sale of an asset or some economic winners and losers. better or worse than somebody else. other temporary event. As University of Chicago economist That is why I think, even though this Here is another notable factoid: A Luigi Zingales reminds us in his new divides America, the discussion about Kauffman Foundation survey of more book, ‘‘A Capitalism for the People,’’ class is probably simply an effort to than 500 successful entrepreneurs found being ‘‘probusiness’’ is not the same as say ‘‘I am for you.’’ And some politi- that 93 percent came from middle-in- being ‘‘promarket.’’ All too often, the cians don’t like to say ‘‘I am for every- come or lower income backgrounds. Obama administration has embraced body’’ because that would imply they The survey notes that entrepreneur- spending policies and regulations that are for people who are very successful. ship did not run in the family for these favor certain businesses but are fun- Well, why shouldn’t we be for people people. Quoting from the survey: damentally antimarket. If a Federal who are very successful? They are The majority were the first in their fami- policy is probusiness but antimarket, probably people who have accumulated lies to launch a business. it is most likely an example of crony wealth because of something they have A Treasury Department study on in- capitalism. accomplished in life—usually by study- come and mobility in America found The irony here is remarkable. Even ing hard, working hard, sometimes by during the 10-year period starting in though President Obama tours the creating some special kind of product. 1996, roughly half of the taxpayers who country advertising himself as the de- Take Bill Gates or Steve Jobs. They started in the bottom 20 percent had fender of the little guy and a guardian were smart people who created some- moved up to a higher income group by of the middle class, he has consistently thing people wanted and were willing 2005. Similarly, people in the top in- embraced policies that promote crony to buy, and they got very wealthy be- come group dropped to lower groups, capitalism. cause of that. Is that bad? Bill Gates thus making way for others to move That is not the type of capitalism has created a foundation, and he and up. The point is there is no such thing that made this country so prosperous, his wife have contributed more to char- as a permanent middle class or any and it is not the type of capitalism the ity than probably any other thousand other class in America. American people support. Citizens people you can name. That is a good There are other measures of income across this country are eager for poli- thing. They have created more jobs mobility. As columnist Robert Samuel- cies that promote free markets and than many other people in this country son noted, one litmus test for mobility equal opportunities for all businesses, have. They have created products that in America is whether people rise all industries, all entrepreneurs, all have enabled us to lead much better above their parents economically, and people. Those are the principles upon lives. The same thing is true of Steve this happens frequently. Citing a new which our country was founded. Ameri- Jobs and thousands and thousands of report from the Pew Mobility Project, cans firmly reject the idea that certain other entrepreneurs. So there is noth- he notes that 84 percent of Americans companies and industries should re- ing wrong with being successful, being exceed their parents’ income at a simi- ceive preferential treatment for polit- rewarded for that, because most likely lar stage in life. Income gains were ical or ideological reasons. Centuries of it has given many other people an op- ‘‘sizable across the economic spec- evidence from around the world dem- portunity. trum,’’ he writes. Indeed, in the bottom onstrates crony capitalism leads to There was a recent editorial in the fifth of income earners, median income corruption, a decline of social trust, Wall Street Journal that talked about grew by 74 percent over just this dec- and economic stagnation. That is cer- the Chicago Bulls and Michael Jordan. ade. tainly not the future Americans want. The article noted they weren’t a very While income mobility has slowed Instead of policies that favor politi- impressive team before Michael Jordan during this economic downturn, the cally connected entities and take even came and the team wasn’t making very overarching point is that nobody in more money from successful Ameri- much money and neither were any of America is stuck where they are be- cans, let’s clear the way for more op- the players. When Michael Jordan cause of a ruling class of greedy portunity and mobility in a true free came, after he established how great he wealthy people. market system. Higher taxes and more would be, he was given an enormous, Here is my third point: To borrow a government are not the answers. We almost unheard-of salary. Did the phrase from Congressman PAUL RYAN, should not make it more difficult for other players say: That is not fair? No. the real class threat is a class of bu- Americans to get ahead. Actually, all the other players got big reaucrats and crony capitalists using We should certainly not believe salary increases too—nothing like Mi- their government connections to try to Americans are to be distinguished by chael Jordan, but they got huge salary rig the rules and rise above everyone their income in any given year or be increases. Why? Because he made the else. presumed to have different values or team better and it began to succeed One example is ObamaCare. Recently value because of that. To say America and, eventually—you all know the released documents show that industry has a middle class presumes we have a story—the world championships, the lobbyists and Democrats worked very lower class or an upper class. Think whole franchise did well—the people closely in drafting ObamaCare. After it about it. You can’t have a middle with- selling popcorn in the stands, the peo- became law, the Department of Health out something on either side. Is it true ple parking the cars, and certainly and Human Services granted approxi- we have a lower class and a middle every one of the members of the team mately 1,700 temporary waivers from class and an upper class? Some Ameri- made much more money than they ever the new annual limit requirements of cans are better off financially than would have had Michael Jordan not the law. When the Federal Government others. That is certainly true. But that come to the team. But Michael Jordan is handing out lucrative favors, it is is no basis for dividing us into arbi- still made many times more than any easy to predict what will happen. Com- trary classes to favor one over another. of them did. panies hire armies of lobbyists and po- My guess is that all this talk about This is a point President John Ken- litically connected organizations—in class, while it has a tendency to divide nedy made when he talked about reduc- this case, primarily, labor unions—will Americans, is more about trying to ing the tax rates in the country on get special treatment. And that is ex- identify with the common man, and business—on capital gains—so that actly what happened here. that is something all politicians try to businesses could create more wealth so It is not just ObamaCare. Cap-and- do. ‘‘I am just like you. I am just like they could do what? They could grow trade would have enriched politically the average guy.’’ Abraham Lincoln and hire more people. He said a rising

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.016 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 23, 2012 CONGRESSIONAL RECORD — SENATE S5243 tide lifts all boats. If the economy is middle income group the next year, be debating. What will make our coun- doing well, if we have wealthy people and maybe 10 years later in a higher in- try better both in economic terms and who are doing well, we have less come group. Has that individual’s val- in all of the other terms that define us wealthy who will also do better. ues changed? No. Americans are Ameri- as a society? That is what America has always cans, and it doesn’t matter how much I hope that as the campaign goes on, been about. We don’t take it away from money we make in a given year. What we will focus a lot more on what we the person who makes a lot of money. matters is that as a country we have hold in common, that we share, and Maybe it is because they are lucky found a degree of success that others that we can do better with, rather than with a God-given talent they have or can only dream of because we create those that divide us and especially that their good looks and their acting abil- opportunity for everyone to succeed, divide us in political terms. ity. Whatever it is, those people gen- and we teach that to our kids. Mr. President, I suggest the absence erally participate in activities that I think it is destructive for the leader of a quorum. create wealth for others as well. They of the country, the President, to be The ACTING PRESIDENT pro tem- also create products or services or even suggesting something else—that you pore. The clerk will call the roll. entertainment we enjoy. So Americans should consider what class you are in The assistant legislative clerk pro- don’t look askance at these people. We in this country: If you are middle class, ceeded to call the roll. celebrate them. We are happy for their that is great, I am for you. Well, what Mr. DURBIN. Mr. President, I ask success. Frequently it helps us too, be- about the other classes, and what unanimous consent that the order for sides which they pay a lot of taxes. about the person who is middle class the quorum call be rescinded. Likewise, for those people who are today under the President’s definition The PRESIDING OFFICER (Mr. less fortunate, I don’t know of any pol- but wasn’t yesterday and might not be MANCHIN). Without objection, it is so itician who wants to talk about the tomorrow? ordered. lower class. That almost is a pejorative I just think the whole discussion of AURORA, COLORADO SHOOTINGS term. It is as though these are lesser class is wrong. It is not what we do Mr. DURBIN. Mr. President, the hor- people. Well, the reality is maybe it is here in America. You can divide people rific shooting that happened last week somebody down on his or her luck. for statistical purposes into income in Aurora, CO has shocked our Nation. Maybe it is somebody just starting out levels, into wealth levels, into levels of Our hearts and our prayers go out to so they are not making as much money education. We divide ourselves for sta- the victims, to their loved ones, and to as somebody who has been in business tistical reasons into all kinds of cat- all those whose lives have been forever a lot longer. Maybe it is a student, for egories, but at the end of the day, we marred by this tragedy. Twelve have example, or somebody who suffered don’t suggest that one group has dif- died, and 58 more have been injured, misfortune, somebody who doesn’t ferent values than the other or that many seriously. have a good education, or maybe a re- one is better than the other one. And I We certainly give thanks to the first cent immigrant to the country. There think that is the pernicious effect of responders and to the medical per- is nothing lesser about those people. the President’s rhetoric—constantly sonnel who responded so quickly and so We are all Americans. They may be in talking about the middle class. I don’t capably. Most of all, we mourn those a lower income group, at least tempo- even know if I am in that group or not. who we have lost. rarily, but there is no reason to distin- Am I in the middle class? I make less Sadly, no state in our Union is im- guish between the people in that in- money than the President suggests mune to the horror of lives cut short come group and however the President identifies the wealthy, that is for sure, by violence. In my State of Illinois, defines the middle class. but I don’t think my values are any there have been too many lives lost, Why is the middle class more deserv- different or any better than those who too many families shattered, too many ing or special than people who don’t make less money or more money than children caught in the crossfire in my make as much money as those in the I do. In my view, money isn’t even the hometown of East St. Louis and some middle class? The point is, people are measure of what this should be all neighborhoods of Chicago. deserving all up and down the eco- about anyway. The tragic mass shooting in Aurora nomic ladder. It isn’t just about I hope that as the campaign goes on, has sent ripples of sadness and loss far money, anyway. The person who makes maybe we can focus a little bit more on beyond Colorado. For many people in an average income—who provides for what unites us rather than what di- Illinois, the scene last Friday was sick- his family, provides them a good home, vides us, on the values that I think we eningly familiar. A little over 4 years good tutelage as a parent, strong val- all subscribe to, and on the things that ago, a mentally disturbed gunman ues, maybe sends them off to college would make us a better country not walked into a lecture hall at Northern and helps them to prepare for their life just in economic terms but in other IL University in DeKalb, IL, and as a productive citizen—is just as im- terms as well. And if we are focused on opened fire. He killed 5 people, and in- portant as the wealthy person in this economic terms, then let’s focus on jured 21 more. We in Illinois know country. A teacher may not make those that will make us better off eco- something about the grief Coloradans much money but influences the lives of nomically: a better education, a better are feeling after last Friday’s mass thousands of young people to be better home environment, strong commu- shooting, and we grieve with them. citizens in this country—more edu- nities, a government that is willing to PETTY OFFICER JOHN LARIMER OF CRYSTAL cated—and that influence goes far be- help when that is necessary, and cer- LAKE, IL yond the salary the individual teacher tainly governmental policies that re- We were saddened to hear that a makes. So you can’t judge value by ward what? That reward education; young man from Illinois was among how much money someone makes, and that reward hard work; that reward those killed in Aurora. U.S. Navy PO3 you certainly can’t identify with one savings and investment; that reward John Larimer of Crystal Lake, IL, was class and say: That is the class I am entrepreneurship, people working to a fourth-generation Navy man. for. create something, to create a business; He joined the Navy last year and The President, in particular, rep- that reward job creation so that you trained at the Naval Station Great resents all Americans. He should be for don’t have a law like ObamaCare that Lakes near Chicago. He was a all Americans. And I don’t think there says: You are OK if you have 49 em- cryptologic technician. He was sta- is anything called middle class values ployees, but as soon as you have 50 em- tioned at Buckley Air Force Base in that are different from the values of ployees, then here are a whole bunch of Aurora, where he was assigned to the other people in this country. Tell me expensive burdens you are going to U.S. Fleet Cyber Command. Last week what is different about the values of have to take on—tax burdens, pen- Petty Officer Larimer went to the mov- someone who the President identifies alties, and regulations. That is not ies with his girlfriend, Julia Vojtsek, a as middle class? Does that mean mid- something that favors building a busi- nurse who grew up in Algonquin, Illi- dle income? If so, what income and ness beyond 49 employees. It doesn’t nois. When the shooting started, John what year? Because a person will be in favor job creation beyond 49 employees. Larimer shielded Julia’s body with his a lower income group one year, in a These are the kinds of issues we should own. Julia said that John ‘‘held my

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.017 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5244 CONGRESSIONAL RECORD — SENATE July 23, 2012 head, and protected my whole body I said to this woman outside our ceed to executive session to consider with his, and saved me.’’ John Larimer church: There was a big crowd sitting the following nomination which the was a brave man who died a hero. He in that church today, too. Just as in clerk will report. was 27 years old. that movie theater, we all thought we The assistant bill clerk read the His commanding officer, Commander were safe until this happened. nomination of Michael A. Shipp, of Jeffrey Jakuboski, said the following For today we pause, not to enter into New Jersey, to be United States Dis- of Larimer: a debate about these important issues, trict Judge for the District of New Jer- He was an outstanding shipmate. A valued which we must face, but to remember sey. member of our Navy team, he will be missed and honor those who died, to offer our Mr. LEAHY. Mr. President, I ask by all who knew him. condolences to those who were left be- unanimous consent that the cloture Over the weekend, John Larimer was hind, and to pray for the recovery of all motion be withdrawn and that the time remembered by friends and family for those who were wounded and those who be equally divided between now and the his intelligence, his good nature, his have suffered. We wish them comfort in hour of 5:30 in the usual form; that compassion, and his dedication to his this difficult time. upon the use or yielding back of time family, his community and his I yield the floor and suggest the ab- the Senate proceed to vote without in- country. sence of a quorum. tervening action or debate on the nom- Family members spoke of his ‘‘in- The PRESIDING OFFICER. The ination; that the motion to reconsider credible mind’’ and ‘‘quiet gentleness.’’ clerk will call the roll. be considered made and laid upon the John’s English teacher at Crystal Lake The assistant legislative clerk pro- table, with no intervening action or de- South High School remembered a good ceeded to call the roll. bate; that no further motions be in student who was ‘‘incredibly bright and Mr. REID. Mr. President, I ask unan- order; that any related statements be firm in his ideals.’’ He said John ‘‘was imous consent that the order for the printed in the RECORD; that the Presi- a good, strong human being . . . and I quorum call be rescinded. dent be immediately notified of the know he would have done incredible The PRESIDING OFFICER. Without Senate’s action and the Senate then re- things for our country.’’ To his high objection, it is so ordered. sume legislative session. school principal, John Larimer was Mr. REID. Mr. President, are we now The PRESIDING OFFICER. Without ‘‘just a great kid to be around.’’ on the motion to proceed to S. 3412? objection, it is so ordered. Whether it was giving a big tip to a The PRESIDING OFFICER. We are. Mr. LEAHY. Mr. President, I thank neighborhood kid who sold him a lem- CLOTURE MOTION the distinguished Presiding Officer, onade, or sending letters to the local Mr. REID. I have a cloture motion at distinguished by his service here in the newspaper calling for tolerance and re- the desk I wish to have reported. Senate but also as Governor of one of spect for the views of others, John The PRESIDING OFFICER. The clo- the most beautiful States in the Union. Larimer inspired those around him ture motion having been presented AURORA, COLORADO SHOOTINGS through the way he lived his life. And under rule XXII, the Chair directs the Before we begin—and so many others now he has inspired us with the way he clerk to read the motion. have said this—it would be impossible died, literally sacrificing his life to The assistant bill clerk read as fol- to state the amount of horror and sad- save another. lows: ness felt by my wife Marcelle and me His passing is a heartbreaking loss to CLOTURE MOTION at the news of what happened in Colo- the community of Crystal Lake, to Illi- We, the undersigned Senators, in accord- rado, and I was reminded again today nois, and to our country. I offer my ance with the provisions of rule XXII of the as I saw the flags lowered to half staff condolences to John’s parents, his Standing Rules of the Senate, hereby move on this Capitol Building. We think of to bring to a close debate on the motion to the Capitol as being a bastion of de- brother and his three sisters. All of us proceed to calendar No. 467, S. 3412, a bill to will keep John, his family and his amend the Internal Revenue Code of 1986 to mocracy or the light that sort of shines loved ones in our thoughts and prayers. provide tax relief to middle class families. for the rest of the world on what de- A night out at the movies is supposed Harry Reid, Max Baucus, Tom Udall, mocracy is. Unfortunately, so much of to be a joyful event. That it could end Debbie Stabenow, Mark Begich, Shel- the world has seen the acts of a mad- in such a horrific scene reminds us how don Whitehouse, Carl Levin, Robert P. man. It is safe to say this is one thing precious and fragile life is. Casey, Jr., Tom Harkin, Tom Carper, that united every Senator of both par- In the days and weeks to come, we Christopher A. Coons, Barbara A. Mi- ties here. Our hearts go out not only to will learn more about what happened kulski, Jeff Merkley, Kirsten E. Gilli- those who have been injured, obviously brand, Daniel K. Inouye, Richard in Aurora and whether there was any Blumenthal, Mark R. Warner. to the families of those who have died, point at which this disturbed gunman and to the people in that wonderful Mr. REID. I ask unanimous consent could have been identified and stopped. community, because it is impossible There will inevitably be discussions that the mandatory quorum required for any one of us here to know how about whether we need to change any under rule XXII be waived. long or how hard that will hold in their The PRESIDING OFFICER. Without of our laws or policies. We owe it to the heart, the number of people who say, as objection, it is so ordered. victims and their loved ones to see that we all do: We just went to a movie. Any Mr. REID. I note the absence of a those debates are guided by an honest one of us has done that. Our children quorum. assessment of the facts, what it will go to movies, our grandchildren go to The PRESIDING OFFICER. The take to keep us safe in America, safe movies. You expect them to go, have a clerk will call the roll. from the gunman who walks into a The assistant bill clerk proceeded to good time, and come back, and enjoy classroom at Northern Illinois Univer- call the roll. it. The thought of what they saw there sity in DeKalb or the gunman who Mr. LEAHY. Mr. President, I ask is horrible. walks into a crowded theater in Aurora unanimous consent that the order for We have before us a Federal trial CO. the quorum call be rescinded. court nomination, that of Michael I came out of church yesterday, and The PRESIDING OFFICER. Without Shipp. This is a nomination that was a woman came up to me and said: They objection, it is so ordered. voted on by the Senate Judiciary Com- are talking about putting metal detec- mittee more than three months ago tors in movie theaters now. What is f and supported nearly unanimously by next? EXECUTIVE SESSION both Republican and Democratic Sen- I said, sadly: I am not sure. I don’t ators who have reviewed it. The only know where we will turn next to keep objection came as a protest vote from America safe from people who misuse NOMINATION OF MICHAEL A. Senator LEE. firearms, assault rifles, a 100-round clip SHIPP TO BE UNITED STATES Judge Michael Shipp has served as a of ammunition. DISTRICT JUDGE FOR THE DIS- U.S. Magistrate Judge in the District All of these things are raising ques- TRICT OF NEW JERSEY of New Jersey since 2007 and has pre- tions in the minds of everyone about The PRESIDING OFFICER. Under sided over civil and criminal matters where is it safe anymore. the previous order, the Senate will pro- and issued over 100 opinions. He is the

VerDate Mar 15 2010 01:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.022 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 23, 2012 CONGRESSIONAL RECORD — SENATE S5245 first African-American United States confirmation of Judge Andre Davis of Jordan of Florida to the Eleventh Cir- Magistrate Judge in that district. Maryland to the Fourth Circuit, Judge cuit even though he was strongly sup- Prior to his appointment to the Fed- Henry Floyd of South Carolina to the ported by his Republican home state eral bench, he worked for the Office of Fourth Circuit, Judge Stephanie Senator. Every single one of these the Attorney General of New Jersey for Thacker of West Virginia to the Fourth nominees for whom the Majority Lead- five years, where he was Assistant At- Circuit, and Judge Jacqueline Nguyen er was forced to file cloture was rated torney General in charge of Consumer of California to the Ninth Circuit for unanimously well qualified by the non- Protection from 2003 to 2007 and Coun- five months. They delayed confirma- partisan ABA Standing Committee on sel to the Attorney General in 2007. tion of Judge Adalberto Jordan of Flor- the Federal Judiciary, the highest pos- From 1995 to 2003, Judge Shipp was an ida to the Eleventh Circuit, Judge Bev- sible rating. And every one of them was associate in the Newark office of the erly Martin of Georgia to the Eleventh nominated to fill a judicial emergency law firm Skadden, Arps. Upon gradua- Circuit, Judge Mary Murguia of Ari- vacancy. tion from law school, Judge Shipp zona to the Ninth Circuit, Judge Ber- In June, Senate Republicans con- clerked for Judge James Coleman on nice Donald of Tennessee to the Sixth firmed that they shut down the con- the New Jersey Supreme Court. Circuit, Judge Barbara Keenan of Vir- firmation process for qualified and con- Despite his outstanding qualifica- ginia to the Fourth Circuit, Judge sensus circuit court nominees. They tions and bipartisan support, Senate Thomas Vanaskie of Pennsylvania to are now filibustering Judge Patty Republicans have delayed his confirma- the Third Circuit, Judge Joseph Shwartz of New Jersey who is nomi- tion vote for more than three months. Greenaway of New Jersey to the Third nated to the Third Circuit and Richard Despite the fact that the Senate has fi- Circuit, Judge Denny Chin of New York Taranto who is nominated to the Fed- nally been allowed to consider his nom- to the Second Circuit, and Judge Chris eral Circuit. In addition, they are fili- ination and that he will be confirmed Droney of Connecticut to the Second bustering two circuit court nominees overwhelmingly, Senate Republicans Circuit for four months. They delayed who have the support of both their have again demonstrated their obstruc- confirmation of Judge Paul Watford of home state Republican Senators: Wil- tion of judicial nominees. This is not a California to the Ninth Circuit, Judge liam Kayatta of Maine to the First Cir- nominee on whom cloture should have Andrew Hurwitz of Arizona to the cuit and Judge Robert Bacharach of been filed. Ninth Circuit, Judge Morgan Christen Oklahoma to the Tenth Circuit. This is They refused until today to agree to of Alaska to the Ninth Circuit, Judge almost unprecedented. a vote on this nomination. That meant Stephen Higginson of Louisiana to the During the past five presidential that the Majority Leader was required Fifth Circuit, Judge Gerard Lynch of election years, Senate Democrats have to file a cloture petition to put an end New York to the Second Circuit, Judge never denied an up-or-down vote to any to their obstruction and partisan fili- Susan Carney of Connecticut to the circuit court nominee of a Republican buster. While I am pleased we are hold- Second Circuit, and Judge Kathleen President who received bipartisan sup- ing a confirmation vote today, it O’Malley of Ohio to the Federal Circuit port in the Judiciary Committee. In should not have required that the Ma- for three months. fact, during the last 20 years, only four jority Leader file for cloture. As a current report from the non- circuit nominees reported with bipar- This was the 29th time the Majority partisan Congressional Research Serv- tisan support have been denied an up- Leader had been forced to file for clo- ice confirms, the median time circuit or-down vote by the Senate and all four ture to end a Republican filibuster and nominees have had to wait before a were nominated by President Clinton get an up-or-down vote for one of Presi- Senate vote has skyrocketed from 18 and blocked by Senate Republicans. dent Obama’s judicial nominees. By days for President Bush’s nominees to While Senate Democrats have been comparison, during the entire eight 132 days for President Obama’s. This is willing to work with Republican presi- years that President Bush was in of- the result of Republican foot dragging dents to confirm circuit court nomi- fice, cloture was filed in connection and obstruction. In most cases, Senate nees with bipartisan support, Senate with 18 of his judicial nominees, most Republicans are delaying and stalling Republicans have repeatedly ob- of whom were opposed on their merits for no good reason. How else do you ex- structed the nominees of Democratic as extreme ideologues. plain the filibuster of the nomination presidents. In the previous five presi- Senate Republicans used to insist of Judge Barbara Keenan of Virginia to dential election years, a total of 13 cir- that filibustering of judicial nomina- the Fourth Circuit who was ultimately cuit court nominees have been con- tions was unconstitutional. The Con- confirmed 99–0? And how else do you firmed after June 1. Not surprisingly, stitution has not changed but as soon explain the needless stalling and ob- 12 of the 13 were Republican nominees. as President Obama was elected they struction of Judge Denny Chin of New Clearly, this is not tit-for-tat as some reversed course and filibustered Presi- York to the Second Circuit, who was contend but, rather, a one-way street dent Obama’s very first judicial nomi- filibustered for four months before he in favor of Republican presidents’ nation. Judge David Hamilton of Indi- was confirmed 98–0? nominees. ana was a widely-respected 15-year vet- Three of the five circuit court judges This entire year, the Senate has yet eran of the Federal bench nominated to finally confirmed this year after to vote on a single circuit court nomi- the Seventh Circuit and was supported months of unnecessary delays and a fil- nee who was nominated by President by Senator Dick Lugar, the longest- ibuster should have been confirmed Obama this year. Since 1980, the only serving Republican in the Senate. They last year. The other two circuit court presidential election year in which delayed his confirmation for five nominees confirmed this year were there were no circuit nominees con- months. Senate Republicans then pro- both subjected to stalling and a par- firmed who was nominated that year ceeded to obstruct and delay just about tisan filibuster by Senate Republicans. was in 1996, when Senate Republicans every circuit court nominee of this This was the case even though these shut down the process against Presi- President, filibustering nine of them. circuit nominees had strong bipartisan dent Clinton’s circuit nominees. They delayed confirmation of Judge support. We needed to overcome a fili- The nonpartisan Congressional Re- Albert Diaz of North Carolina to the buster to confirm Justice Andrew search Service has confirmed in its re- Fourth Circuit for 11 months. They de- Hurwitz of Arizona to the Ninth Circuit ports that judicial nominees continue layed confirmation of Judge Jane despite the strong support of his home to be confirmed in presidential election Stranch of Tennessee to the Sixth Cir- state Senators, Republicans JON KYL years—except it seems when there is a cuit for 10 months. They delayed con- and JOHN MCCAIN. The Majority Leader Democratic President. In five of the firmation of Judge Ray Lohier of New had to file cloture to secure an up-or- last eight presidential election years, York to the Second Circuit for seven down vote on Paul Watford of Cali- the Senate has confirmed at least 22 months. They delayed confirmation of fornia to the Ninth Circuit despite his circuit and district court nominees Judge Scott Matheson of Utah to the sterling credentials and bipartisan sup- after May 31. The notable exceptions Tenth Circuit and Judge James Wynn, port. The year started with the Major- were during the last years of President Jr. of North Carolina to the Fourth ity Leader having to file cloture to get Clinton’s two terms in 1996 and 2000 Circuit for six months. They delayed an up-or-down vote on Judge Adalberto when Senate Republicans would not

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.022 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5246 CONGRESSIONAL RECORD — SENATE July 23, 2012 allow confirmations to continue. The The fact that Republican stalling nominees of a Republican President third exception was in 1988, at the end tactics have meant that circuit court that had been reported by the Com- of President Reagan’s presidency, but nominees that should have been con- mittee that year. This year we have that was because vacancies were at 28. firmed in the spring—like Bill Kayatta, confirmed only two circuit court nomi- In comparison, vacancies at the end of Richard Taranto and Patty Shwartz— nees that have been reported by the the Clinton years stood at 75 at the end are still awaiting a vote is no excuse Committee this year, and both were of 1996 and 67 at the end of 2000. Other- for not moving forward this month to filibustered. By this date in 2004 the wise, it has been the rule rather than confirm these circuit nominees. Senate had already confirmed 32 of the exception. So, for example, accord- In an article dated July 16, 2012 enti- President Bush’s circuit court nomi- ing to CRS the Senate confirmed 32 tled ‘‘William Kayatta and the Need- nees, and we confirmed another three nominees in 1980; 28 in 1984; 31 in 1992; less Destruction of the Thurmond that year for a total of 35 circuit court 28 in 2004 at the end of President Rule,’’ Andrew Cohen of the Atlantic nominees in his first term. So far, the George W. Bush’s first term; and 22 states: Senate has only been allowed to con- after May 31 in 2008 at the end of Presi- In a more prudent and practical era in Sen- sider and confirm 30 of President dent Bush’s second term. So far this ate history, nominees like Kayatta would Obama’s circuit court nominees five year only 7 judicial nominees have have been confirmed in days . . . Now even fewer, 17 percent fewer while higher been allowed to be confirmed. slam-dunk candidates like Kayatta linger in numbers of vacancies remain, and yet It is ironic that certain Senate Re- the wings waiting for Senate ‘‘consent’’ long the Senate Republican leadership publicans are now arguing in support of after the body already has definitively ‘‘ad- wants to artificially shut down nomi- a distorted version of the Thurmond vised’’ the executive branch of how great it thinks the nominee would be as a judge. Can nations for no good reason. Rule, as if it had the force of law. After you imagine the uproar if the Senate ever As Chairman of this Committee, I all, it is Senate Republicans who have used its filibuster power to block the deploy- have also assiduously protected the repeatedly asserted that the Thurmond ment of troops already endorsed by the rights of the minority in the judicial Rule does not exist. For example, on Armed Services Committee? Now please tell nomination process. I have only pro- July 14, 2008, the Senate Republican me the material difference here. Surely, the ceeded with judicial nominations sup- caucus held a hearing solely dedicated judiciary needs judges as much as the army ported by both home state Senators. to arguing that the Thurmond Rule needs soldiers. That has meant that we are not able to does not exist. At that hearing, the I agree. We have outstanding nomi- proceed on current nominees from Ari- senior Senator from Kentucky stated: nees with the support of both Repub- zona, Georgia, Nevada and Louisiana. I ‘‘I think it’s clear that there is no lican home State senators. Yet, we even stopped proceedings on a circuit Thurmond Rule. And I think the facts cannot vote on these nominees because court nominee from Kansas when the demonstrate that.’’ Similarly, the Sen- Senate Republicans want to place poli- Kansas Republican Senators reversed ator from Iowa, my friend who is now tics over the needs of the American themselves and withdrew their support serving as Ranking Member of the Ju- people. for the nominee. Nor did I accede to diciary Committee, stated that the The Los Angeles Times recently pub- the Majority Leader’s request to push a Thurmond Rule was in his view ‘‘plain lished an editorial entitled ‘‘Reject the Nevada nominee through Committee bunk.’’ He said: ‘‘The reality is that ‘Thurmond Rule’ ’’ which concluded who did not have the blue slip of the the Senate has never stopped con- ‘‘the administration of justice state’s Republican Senator. In stark firming judicial nominees during the shouldn’t be held hostage to partisan contrast, it was Senate Republicans last few months of a president’s term.’’ politics even in an election year.’’ and the Republican chairman who bla- We did not in 2008 when we proceeded I ask unanimous consent that copies tantly disregarded Senate Judiciary to confirm 22 nominees over the second of the July 12 and 16 articles be printed procedure by proceeding with nomina- half of that year. That Senate Repub- in the RECORD at the conclusion of my tions despite the objection of both licans have objected to voting on the statement. home state Senators. And I have been nomination of Judge Shipp is a distor- The PRESIDING OFFICER. Without consistent. I hold hearings at the same tion of the Thurmond rule and shows objection, it is ordered. pace and under the same procedures the depths to which they have gone. (See exhibit 1.) whether the President nominating is a There is no good reason that the Sen- Mr. LEAHY. As both Chairman and Democrat or a Republican. Others can- ate should not vote on consensus nomi- Ranking Member of the Judiciary not say that. So those have been my nees like Judge Shipp and more than a Committee during the last several rules respect for minority rights, dozen other consensus judicial nomi- years, I have worked with Senate Re- transparency, deference to home state nees to fill Federal trial court vacan- publicans to consider judicial nominees Senators, consistent application of cies in Iowa, California, Utah, Con- well into presidential election years, I policies and practices, and allowing for necticut, Maryland, Florida, Okla- have made earnest efforts to make the confirmations well into presidential homa, Michigan, New York and Penn- confirmation process more transparent election years for nominees with bipar- sylvania. There is no good reason the and fair, I have ensured that the Presi- tisan support. Senate should not vote on the nomina- dent consults with home state Sen- Personal attacks on me do nothing to tions of William Kayatta of Maine to ators before submitting a nominee, and help the American people who are the First Circuit, Judge Robert I have opened up the blue slip process seeking justice in our Federal courts. I Bacharach of Oklahoma to the Tenth to prevent abuses while continuing to am willing to defend my record but Circuit, Richard Taranto to the Fed- respect it. that is beside the point. The harm to eral Circuit and for that matter Judge In the last two presidential election the American people is what matters. Patty Shwartz of New Jersey to the years, we were able to bring the num- What the American people and the Third Circuit, who is supported by New ber of judicial vacancies down to the overburdened Federal courts need are Jersey’s Republican Governor. Each of lowest levels in the past 20 years. In qualified judges to administer justice these circuit court nominees has been 2004 at end of President Bush’s first in our Federal courts, not the perpet- rated unanimously well qualified by term, vacancies were reduced to 28 not uation of extended, numerous vacan- the nonpartisan ABA Standing Com- the 77 we have today. In 2008, in the cies. mittee on the Federal Judiciary, the last year of President Bush’s second The judicial vacancy rate remains al- highest possible rating. These should term, we again worked to fill vacancies most twice what it was at this point in not be controversial nominees. They and got them down to 34, less than half the first term of President Bush. I wish are qualified and should be considered of what they are today. In 2004, 25 Senate Republicans would think more as consensus nominees and confirmed. nominees were confirmed between June about our responsibilities to the Amer- Senate Republicans are blocking con- and the presidential election, and in ican people than some warped sense of sent to vote on superbly qualified cir- 2008, 22 nominees were confirmed be- partisan score settling. Vacancies have cuit court nominees with strong bipar- tween June and the presidential elec- been near or above 80 for three years. tisan support. This is a new and dam- tion. Nearly one out of every 11 Federal aging application of the Thurmond In 2004, a Presidential election year, courts is currently vacant. Their shut- rule. the Senate confirmed five circuit court ting down confirmations for consensus

VerDate Mar 15 2010 01:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.023 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 23, 2012 CONGRESSIONAL RECORD — SENATE S5247 and qualified judicial nominees is not Last week Senate Republicans also vote now before the end of this year, helping the overburdened courts who contended that they have no responsi- they cannot escape responsibility for cannot administer justice in an expe- bility for the lack of progress in 2009. what they did in 2009. dient fashion. It is not helping owners In fact, that year ended with 10 judicial Senate Republicans choose to offer of small businesses. confirmations stalled by Senate Repub- weak excuses and blame everyone but Last week, after his nomination was licans. The obstructionist tactics they themselves for the delays and obstruc- reported with near unanimous voice employed from the outset of the Obama tion in which they have excelled. Their vote by the Judiciary Committee ap- administration had led to the lowest proximately three months ago, the number of judicial confirmations in sense of being justified by some view of Senate was finally able to confirm more than 50 years. Only 12 of Presi- tit-for-tat is distorted and should be Judge Kevin McNulty to the District of dent Obama’s judicial nominations to beside the point while vacancies re- New Jersey. Despite vacancies still re- Federal circuit and district courts were main so high that the American people maining near or above 80, Senate Re- confirmed that whole year. The 12 were and our courts are overburdened. The publicans continue to obstruct and less than half of what we achieved dur- way Senate Democrats helped reduce stall nominees on the Senate floor for ing President Bush’s first tumultuous vacancies was not by limiting con- no good reason. We could easily have year. In the second half of 2001, a firmations to one nominee per week, as confirmed both Judges Shipp and Democratic Senate majority proceeded Senate Republicans have. In September McNulty together three months ago. It to confirm 28 judges. Despite the fact 2008, with Democrats in the majority, is this type of across-the-board ob- that President Obama began nomi- the Senate confirmed 10 of President struction of judicial nominees by Sen- nating judicial nominees two months Bush’s nominees in a single day, all by ate Republicans that has contributed earlier than President Bush, Senate voice vote. There were 10 consensus to the judicial vacancy crisis in our Republicans delayed and obstructed nominees pending on the Senate floor, Federal courts. them to yield an historic low in con- and we confirmed all of them in min- Last week, I spoke about the novel firmations. Republicans refused to utes. Likewise, in 2002, Senate Demo- excuses that some Senate Republicans agree to the consideration of qualified, crats joined in confirming 18 of Presi- have concocted for refusing to allow for noncontroversial nominees for weeks votes on nominees. One excuse was dent Bush’s nominees in a single day, and months. And as the Senate re- that having confirmed two Supreme again by voice vote. I wish Senate Re- cessed in December, only three of the Court justices, the Senate cannot be publicans would duplicate that prece- available 13 judicial nominations on expected to reach the 205 number of dent and help clear the logjam of judi- the Senate Executive Calendar were al- confirmations in President Bush’s first cial nominees dating back to March term. Work on two Supreme Court lowed to be considered. who are still awaiting up-or-down By contrast, in December 2001, the nominations did not stop the Senate votes. first year of President Bush’s adminis- from working to confirm 200 of Presi- tration, Senate Democrats proceeded While I am pleased that we will con- dent Clinton’s circuit and district to confirm 10 of his judicial nominees. firm Judge Shipp today, I wish that nominees in his first term. Similarly, At the end of the Senate’s 2001 session, Senate Republicans would help us con- there were two Supreme Court con- only four judicial nominations were firm the 20 additional judicial nomi- firmations in President George H.W. nees who can be confirmed right now. Bush’s term, and that did not prevent left on the Senate Executive Calendar, all of which were confirmed soon after Then we could make real progress in Senate Democrats who were in the giving our courts the judges they need Senate majority from confirming 192 of the Senate returned in 2002. By con- trast, it took until May 2011, a year to provide justice for the American his circuit and district nominees, in- people, just as we did in 1992, 2004 and cluding 66 in the election year of 1992 and a half later, to complete action on 2008. alone. the judicial nominees who should have Last week we heard another self- been confirmed in December 2009 but After today’s vote, I hope Senate Re- serving misconception of more recent had to be renominated. Although non- publicans will reconsider their ill-con- history from the Republican side of the controversial, several were further de- ceived partisan strategy and work with aisle. They claimed that Democrats layed by filibusters before being con- us to meet the needs of the American were responsible for growing judicial firmed unanimously. The lack of Sen- people. With more than 75 judicial va- vacancies in 2008. The charge was as ate action on those 10 judicial nomi- cancies still burdening the American follows: ‘‘[A]t the beginning of 2008 nees in 2009 was attributable to Senate people and our Federal courts, there is there were 43 vacancies. So the prac- Republicans and no one else. Despite no justification for not proceeding to tice for Democrats who controlled the the fact that President Obama reached confirm the judicial nominees reported Senate during that last year of Presi- across the aisle to consult with Repub- with bipartisan support by the Judici- dent Bush’s term was to allow vacan- lican Senators, he was rewarded with ary Committee this year. cies to increase by more than 37 per- obstruction from the outset of his ad- Each day that Senate Republicans cent.’’ In fact, what we did in 2008 was ministration. While President Obama refuse because of their political agenda to reduce vacancies back down to 34 in moved beyond the judicial nominations October 2008 when the Senate recessed battles of the past and reached out to to confirm these qualified judicial for the year. The increase in vacancies work with Republicans and make nominees who have been reviewed and after October and through the remain- mainstream nominations, Senate Re- voted on by the Judiciary Committee der of 2008 was not because Senate publicans continued their tactics of is another day that a judge could have Democrats were obstructing Senate delay. been working to administer justice. votes on qualified judicial nominees For Senate Republicans to claim that Every week lost is another in which in- with bipartisan support as Senate Re- ‘‘only 13 [sic] judges were confirmed jured plaintiffs are having to wait to publicans are today. In November and during President Obama’s first year’’ recover the costs of medical expenses, December 2008 the Senate met on a few because of ‘‘decisions made by the Sen- lost wages, or other damages from days only to address the financial cri- ate Democratic leadership’’ and that it wrongdoing. Every month is another sis. There were no nominations pending was ‘‘the choice of Democrats’’ and drag on the economy as small business on the Calendar after the election in ‘‘not because of anything the Repub- owners have to wait to have their con- 2008. Their charge is fallacious. Judi- lican minority could do’’ is ludicrous. tract disputes resolved. Hardworking cial vacancies have not been as low as Senate Democrats had cleared for con- and hard-pressed Americans should not 34 or 43 or even the 55 that they stood firmation the other 10 judicial nomi- have to wait years to have their cases at when President Obama took office nees stalled by Republicans in 2009. decided. Just as it is with the economy for years. Due to Republican obstruc- Their assertion ignores the facts and and with jobs, the American people do tion, President Obama will be the first the truth. Just as they cannot escape not want to hear excuses about why President in 20 years to complete his responsibility for their unwillingness Republicans in Congress will not help first term with more judicial vacancies to move forward with the 21 judicial them. So let us do more to help the than when he took office. nominees ready for a final up-or down American people.

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EXHIBIT 1 have been confirmed in days. Fifty years resenting South Carolina, his segregationist [From theatlantic.com, July 16, 2012] ago, for example, when another bright Demo- candidacy for the presidency in 1948 and the cratic appointee with strong Republican sup- fact that even though he was a longtime op- WILLIAM KAYATTA AND THE NEEDLESS port came to the Senate seeking a judgeship, ponent of racial equality, he fathered a child DESTRUCTION OF THE THURMOND RULE the Judiciary Committee took all of 11 min- with a black teenage housekeeper. But Thur- (By Andrew Cohen) utes before it endorsed him. Byron ‘‘Whiz- mond also lent his name to the so-called WHY DO REPUBLICAN LEADERS STILL PLAY zer’’ White then served the next 31 years as Thurmond Rule, according to which Senate ALONG WITH AN INFORMAL SENATE RULE THAT an associate justice of the United States Su- action on judicial confirmations is supposed PREVENTS UP-OR-DOWN VOTES ON EVEN THOSE preme Court. That’s wholly unthinkable to stop several months before a presidential JUDGES WHO HAVE STRONG REPUBLICAN SUP- today—even with lower federal court nomi- election. PORT? nees. The rule—actually a custom that some- times has been honored in the breach—goes Meet William Kayatta, another one of Now even slam-dunk candidates like back to 1968, when Thurmond and other Re- America’s earnest, capable judges-in-wait- Kayatta linger in the wings waiting for Sen- publicans held up action on President John- ing. Widely respected in his home state of ate ‘‘consent’’ long after the body already son’s nomination of Abe Fortas to be chief Maine, nominated by President Obama in has definitively ‘‘advised’’ the executive justice of the United States. Fortas with- January to fill a vacancy on the 1st U.S. Cir- branch of how great it thinks the nominee drew in the face of a filibuster, and President cuit Court of Appeals, eagerly endorsed by would be as a judge. Can you imagine the up- Nixon, the Republican victor in the 1968 elec- both of Maine’s Republican senators, passed roar if the Senate ever used its filibuster power to block the deployment of troops al- tion, was able to choose a successor to the for confirmation to the Senate floor by an retiring Earl Warren. In subsequent years, easy voice vote in the Senate Judiciary Com- ready endorsed by the Armed Services Com- mittee? Now please tell me the material dif- senators of both parties have cited the Thur- mittee, Kayatta’s nomination instead has mond/Fortas episode as a precedent for not become yet another victim of the Senate ference here. Surely, the judiciary needs judges as much as the army needs soldiers. acting on judicial nominations close to an GOP’s suicidal tendencies. election. The litigants of the 1st Circuit need There are currently 76 judicial vacancies around the country. There are 31 districts Even in the case of a Supreme Court ap- Kayatta. There are no serious arguments pointment, the Thurmond Rule violates the against him. Yet the Republican leadership and circuits designated as ‘‘judicial emer- gencies’’ because vacancies there have lin- spirit of the Constitution, which doesn’t dis- in the Senate has blocked a vote on the mer- tinguish between nominations made earlier its of his nomination in obedience to the so- gered so long. In the 10th Circuit, what’s happening to Kayatta is happening to Robert or later in a president’s term. It is less defen- called ‘‘Thurmond Rule,’’ an informal prac- sible still in connection with nominations to tice as self-destructive as was its namesake. Bacharach, who has the support of Okla- homa’s two Republican senators. The Senate lower courts. Yet Senate Minority Leader The Thurmond Rule is typically invoked by Mitch McConnell (R–Ky.) told colleagues last also is blocking Richard Taranto from a Fed- the opposition party in a presidential elec- month that he was immediately invoking eral Circuit spot even though he breezed tion year to preclude substantive votes on the rule to end nominations to the U.S. through the Judiciary Committee and has federal judicial appointments within six Court of Appeals, and would block confirma- been endorsed by Robert Bork and Paul months of Election Day. It is the Senate’s tion votes on nominees to federal district Clement. The same goes for Patty Shwartz version of a sit-down strike. courts after September. In April, just after the Judiciary Com- in the 3rd Circuit. Such delays are a disservice to the nomi- This is unacceptable on every level. When mittee favorably passed along Kayatta’s nees and to an overburdened federal judici- nomination to the Senate floor for confirma- we talk about ‘‘false equivalence’’ in modern ary. At present there are 12 vacancies on fed- tion, Maine’s junior senator, Susan Collins, politics the business of these judges should eral appeals courts, 63 on district courts and had wonderful things to say about the nomi- be the lede. These nominations require no two on the U.S. Court of International nee: great policy choices on the part of Congress. Trade. The Obama administration, although Bill is an attorney of exceptional intel- They don’t come with thousands of pages of it has been slow to fill vacancies, currently ligence, extensive experience, and dem- ambiguous legalese disguised as the lan- is proposing seven candidates for the appeals onstrated integrity, who is very highly re- guage of a federal statute. There is no room court and 28 for the district courts. The Sen- spected in the Maine legal community. Bill’s for spin. These nominees are either qualified, ate should hold up-or-down votes on these impressive background makes him emi- or they aren’t, and when they sail out of the nominations and any others put forward in nently qualified for a seat on the First Cir- Judiciary Committee with voice votes no the near future. cuit. His thirty-plus years of real world liti- one can plausibly say they aren’t qualified. Apart from the Thurmond Rule, the timely And yet here we are. It would be conven- gation experience would bring a much-need- confirmation of judicial nominees has long ient to blame Strom Thurmond, one of the ed perspective to the court. Maine has a long been frustrated by petty partisanship. Demo- most divisive politicians of the 20th century, proud history of supplying superb jurists to crats and Republicans share the blame. The for one of the Senate’s most divisive rules. the federal bench. I know that, if confirmed, most recent logjam was broken in March But Thurmond is long gone. And there was Mr. Kayatta will continue in that tradition. when Republicans agreed to timely votes on never anything about his rule that demanded I urge the full Senate to approve his nomina- 14 nominations. it be followed, session after session, under tion as soon as possible. Obviously Republicans hope that Barack both Democratic and Republican control. And how did her fellow Republicans re- Obama is a lame-duck president, but even Just because Strom Thurmond was willing spond to her request? They blew her off. lame-ducks are entitled to expeditious con- to jump the Senate off the bridge, in other There has been no vote on Kayatta’s nomina- sideration of their nominations. And the ad- words, doesn’t mean that today’s Senate Re- ministration of justice shouldn’t be held hos- tion and none is scheduled. Instead, last publican leaders had to do likewise. But they tage to partisan politics even in an election month, Sen. Mitch McConnell, the Senate have. year. Minority Leader, invoked the ‘‘Thurmond America has trouble enough today without rule’’ to block floor consideration of appoint- Mr. President, I see the distinguished a senseless Senate rule that blocks highly ment—as well as up-or-down votes on the senior Senator from New Jersey on the skilled, highly competent public servants rest of President Obama’s federal appellate from joining government. The nation’s liti- floor. If he seeks the floor, I will yield nominees (This in turn, initially prompted gants in federal court, burdened by judicial to him; otherwise, I suggest the ab- Sen. Collins to blame the Obama Adminis- vacancies, already are waiting long enough sence of a quorum. tration for going too slow in nominating to have their corporate disputes decided. The PRESIDING OFFICER. The Kayatta in the first place.) This isn’t gridlock. This is destruction. ‘‘I clerk will call the roll. In theory, the Thurmond Rule is some- think it’s stupid’’ to block good judges from The assistant legislative clerk pro- thing official Washington defends as the confirmation, Sen. Tom Coburn said earlier ceeded to call the roll. price of divided government. In reality, it’s this year. For once, he is right. And Sen. another outrageous example of how the Sen- Mr. LAUTENBERG. Mr. President, I Collins? Even she’s come around. ‘‘I have ate has re-written the Constitution by fili- ask unanimous consent that the order urged my colleagues on both sides of the buster. In practice, in the Kayatta case and for the quorum call be rescinded. aisle to give Bill the direct vote by the full many more, the Thurmond rule is the an- The PRESIDING OFFICER. Without Senate that he deserves,’’ she said late last tithesis of good governance. Your Senate objection, it is so ordered. month. Amen to that. today perpetuates a frivolous rule which, for Mr. LAUTENBERG. Mr. President, I the most cynical political reasons, blocks [From the Los Angeles Times, July 12, 2012] thank the chairman of the Judiciary qualified people from serving their nation. Committee who always has things of REJECT THE ‘‘THURMOND RULE’’ It’s not misfeasance. It’s malfeasance. relevance to talk to us about and he SENATE MINORITY LEADER MITCH MCCONNELL Just because Strom Thurmond was willing has done that again today and we to jump the Senate off the bridge doesn’t INVOKES THE LEGACY OF STROM THURMOND mean that today’s Senate Republican leaders TO HOLD UP JUDICIAL CONFIRMATIONS—IT’S thank the chairman. had to do likewise. BAD FOR JUDGES AND BAD FOR JUSTICE SHOOTING IN AURORA, CO In a more prudent and practical era in Sen- The late Strom Thurmond is best known Mr. President, I do plan on talking ate history, nominees like Kayatta would for his 48 years in the U.S. Senate rep- about a confirmation vote coming up

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What do we do James H. Coleman, Jr. He then served pressive credentials. besides feel sad and see a gloom hang- in the office of New Jersey’s attorney I recommended Judge Shipp to Presi- ing over our country? What do we do general, where he developed not only a dent Obama, and I urge all my col- about this? What do we want to do to thorough legal expertise but also real leagues in the Senate to support his prevent it in the future? That will be leadership acumen. As counsel to the nomination, as the Judiciary Com- the test of the general character of this attorney general, he oversaw 10,000 em- mittee did. body and others in government. ployees, including 800 attorneys. For With almost 5 years’ experience as a So many promising young lives were more than a decade, Judge Shipp has Federal magistrate judge for the Dis- lost, changed forever. We see pictures taught our State’s students as an ad- trict of New Jersey, he is well prepared of those who lost a loved one in our junct law professor at Seton Hall Uni- to assume a seat as a Federal district newspapers. It is heartbreaking just to versity. judge. As a magistrate, he has success- look at those pictures. What I sense Since 2007, he has served our city and fully managed significant and complex from my visits around New Jersey our Nation as a U.S. magistrate judge cases. On occasion, he has served as the today and over the weekend is a cer- in the district court. In this capacity, district court judge in cases with mag- tain kinship one feels with the people he has conducted proceedings in both istrate jurisdiction. who are mourning the loss of a child— civil and criminal cases and has in- The first 8 years of his distinguished an 8-year-old—or a daughter or son, cluded rulings on motions, issuing rec- legal career were spent in the litiga- husband or wife. One feels a certain ommendations to district court judges, tion department at the law firm of kinship. One can feel the sadness and it and performing district court judge du- Skadden, Arps, Slate, Meagher & Flom. is depressing, and it is not the kind of ties in cases with magistrate jurisdic- In 2003, he turned to public service to characterization we would like to see tion. With this experience, Judge Shipp give something back to the community for the United States and the young is going to be well prepared to serve on as an assistant attorney general for lives lost forever. the district court. consumer protection in the Office of But our duty in this body is not sim- The law, our constitution, are the the Attorney General of New Jersey, ply to mourn and offer our condo- greatest denominators of our democ- where he honed his expertise in con- lences. We want to do that. We want racy, and the judges are the faithful sumer fraud, insurance fraud, and secu- those families who lost someone to un- stewards to protect these precious rities fraud cases. derstand that we, in some strange way, guidelines of our society. That is why, Judge Shipp clearly excelled. He was join them in their mourning, but the as a Senator, I consider it a sacred twice promoted within the office, first best way to prove our sadness, the best duty, given by the Constitution, to as a liaison to the attorney general and way to prove we care is to take action carefully select judicial nominees and second as counsel to the attorney gen- to protect young, innocent lives. On to provide the President with advice eral. As counsel, he was in charge, in that score, we don’t rank very high. and consent. essence, of day-to-day operations of the I remember so clearly the time in Our faith in the legal system depends Department of Law and Public Safety, 1999 the pictures of young people at a on the just application of the law as it a department with over 10,000 employ- high school, hanging out the window, is soundly written law. Judge Shipp ees and 800 attorneys. imploring for help, imploring to be has served New Jersey extraordinarily An accomplished jurist, an experi- saved, heartbroken at what they were well, he is eminently qualified, and his enced prosecutor, a dedicated public seeing and what they were feeling. So broad experience will prepare him well servant, and an effective administrator we have to do something more. for his new role. I have no doubt he will and manager as well, that is Michael The gun laws on the books are out- continue his excellence as a judge on Shipp. It is what all of us in New Jer- dated, and we even have let key protec- the U.S. district court. sey have known him to be. tions expire. It is tragic. In the coming The success of our democracy de- Judge Shipp has not stayed on the days, I am sure, some of my colleagues pends on all our citizens receiving sidelines. Even with a full plate, he has and I will be discussing specific meas- equal and just representation before been deeply involved in the legal com- ures, commonsense measures, because the law. As leaders in our judicial sys- munity in helping address the profes- when it comes to our gun laws, we need tem, judges hold that equality and jus- sion’s needs and concerns. He held a to act before another outburst of gun tice in their hands. It means they must leadership role with the New Jersey violence overtakes us with the terrible be fair-minded, honorable, and humble. State Bar Association and is actively consequences that brings. I am confident Judge Shipp is going to involved with the Garden State Bar As- Around here we have opportunities to make a terrific judge. He is highly sociation, which is the association of do great things, and I have one of qualified to meet this challenge, and I African-American lawyers. those, I believe, today—an opportunity urge my colleagues to support this con- As a faculty member of Seton Hall that I take with great pleasure—to firmation. University’s School of Law’s Summer come to the floor to strongly endorse With that, I yield the floor. Institute for Pre-Legal Studies, he Judge Michael Shipp for a position on The PRESIDING OFFICER. The Sen- helped disadvantaged students develop the U.S. District Court for the District ator from New Jersey. their interest in the law, and he served of New Jersey. Mr. MENENDEZ. Mr. President, I ask on the faculty of the New Jersey Attor- Judge Shipp brings an impressive unanimous consent that I be recog- ney General’s Advocacy Institute, background to the bench. To start, he nized for 4 minutes; that following my which ensures that attorneys rep- was born in Paterson, NJ, as was I. It 4 minutes, the distinguished Senator resenting the State of New Jersey is a city of significant poverty and dif- from Iowa, the ranking member of the maintain the highest possible levels of ficulty, but he rose from humble begin- Judiciary Committee, be recognized for professionalism. nings in Paterson to graduate from 6 minutes. Judge Shipp is also a very proud New Rutgers University and Seton Hall Law The PRESIDING OFFICER. Without Jerseyan—part of the community— School, two of New Jersey’s fine edu- objection, it is so ordered. with deep roots in the State. A native cational institutions. Mr. MENENDEZ. Mr. President, I of Paterson, he grew up and has lived Judge Shipp has dedicated his career rise to strongly support the nomina- in New Jersey all his life. He earned his to our justice system, and he spent tion of Judge Michael Shipp for the degrees from Rutgers, the State uni- much of it in public service. I learned U.S. District Court for the District of versity, and Seton Hall University so much about him in my meeting with New Jersey. School of Law. After graduating, he

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The fact is we have con- possesses an excellent judicial tem- on the Senate floor. firmed over 78 percent of President perament, has extraordinary legal ex- Time after time the majority uses Obama’s district nominees. At this perience, and a deep and abiding com- parliamentary procedure to prohibit point in his Presidency, 75 percent of mitment to the rule of law. amendments, block votes, and deny or President Bush’s nominees had been I have full confidence he will serve limit debate. For example, last Thurs- confirmed. President Obama, in other the people of New Jersey and the coun- day the Republican leader asked the words, is running ahead of President try with all the dignity, fairness, and majority leader if the anticipated busi- Bush on district confirmations as a honor he has shown throughout his ex- ness coming before the Senate, the Sta- percentage. traordinary career. We are lucky to benow-Obama campaign tax bill, would I continue to hear some of my col- have a nominee of his caliber, and I be open for amendment. The majority leagues repeatedly ask the question: wholeheartedly urge the full Senate to leader responded that would be ‘‘very What is different about this President vote to confirm Judge Shipp to the Dis- doubtful.’’ These actions, although that he is to be treated differently than trict of New Jersey. they may be permitted by Senate rules, all of these other Presidents? I won’t I am thrilled we are actually going to are contrary to the spirit of the Sen- speculate as to any inference that do a confirmation vote and not a clo- ate. might be intended by that question, ture vote and I appreciate those who Certainly we are far from being the but I can tell you that this President is made that possible. world’s greatest deliberative body at not being treated differently than pre- With that, I yield the floor to my dis- this time. So when a Senator who vious Presidents. By any objective tinguished colleague from Iowa. seeks a vote on his amendment is sty- measure, this President has been treat- The PRESIDING OFFICER. The Sen- mied time after time, it is not sur- ed fairly and consistently with past ator from Iowa. prising that the Senator would use Senate practices. RECOGNIZING TAYLOR MORRIS Senator rules and procedures to bring As I stated, as a percentage of nomi- Mr. GRASSLEY. Mr. President, when pressure on the majority leader for a nations, this President is running my colleagues come over to vote, I vote—in other words, to do exactly ahead of the previous President with hope they will take note of a con- what the Senate was set up under the regard to the number of confirmations. stituent of mine and wish him well. Constitution to do. There is a bit of sad Let me put that in perspective for my Taylor Morris, a Navy wounded per- irony that Senators who are facing ob- colleagues with an apples-to-apples son from Afghanistan, who is an explo- structionism are the ones who are la- comparison. As I mentioned, we have sives expert, lost parts of four limbs. beled obstructionist when they are per- confirmed 153 district and circuit He is at the bottom of the escalator as sistent in trying to bring a matter to a nominees of this President. We have you go to the subway. He is one of our vote, which is customary in the Sen- also confirmed two Supreme Court wounded heroes, and I would like to ate. nominees. Everyone understands that have my colleagues recognize him. Unfortunately, we are now seeing the Supreme Court nominations take a AURORA, COLORADO SHOOTINGS this obstructionism strategy creep into great deal of committee time. The last Mr. GRASSLEY. Mr. President, it committee activity as well. Again, last time the Senate confirmed two Su- was a very sad weekend and will be for Thursday the Judiciary Committee preme Court nominees was during a long period of time in Aurora, CO. I marked up an important national secu- President Bush’s second term, and dur- heard the remarks of the majority and rity bill. The bill was open to amend- ing that term the Senate confirmed a minority leaders today expressing con- ment but apparently only amendments total of 119 district and circuit court dolence for the victims and their fami- the chairman agreed with. In the Judi- nominees. With Judge Shipp’s con- lies. I wish to associate myself with ciary Committee, we have a long- firmation today—which I support and those remarks and offer my condo- standing practice of voting up or down which I think will be confirmed almost lences to all the people of Aurora but on difficult, controversial issues. What unanimously—we will have confirmed particularly to those who have de- happened last week undermined the re- 35 more district and circuit court ceased family members and those who sponsibility of the committee to debate nominees for President Obama than we are hospitalized because of this tragic and address important issues—in this did for President Bush in similar cir- event that happened there. case, national security. The Judiciary cumstances. Mr. President, I support the nomina- Committee is a forum for these de- During the last Presidential election, tion of Michael A. Shipp to be U.S. dis- bates. 2008, the Senate confirmed a total of 28 trict judge for the District of New Jer- The bill that was on the agenda is judges—24 district and 4 circuit. This sey, currently serving as a U.S. mag- one of the few vehicles that will likely Presidential election year we have al- istrate and coming out of committee be passed before the end of the year, so ready exceeded those numbers. We on voice vote. I am not aware of any it was an important and appropriate have confirmed 5 circuit nominees, and controversy regarding this nominee, vehicle for addressing such issues once this will be the 27th district judge con- and I expect he will be confirmed with the chairman opened the amendment firmed. an overwhelming vote. process by adopting his own substitute Judge Shipp received his B.S. from There has been a bit of discussion re- amendment. Instead, the partisan grid- Rutgers University in 1987 and his J.D. garding whether the cloture vote that lock, driven by the majority leader’s from the Seton Hall University School had been scheduled on today’s nominee tactics to block amendments on the of Law in 1994. Upon graduation, he was some sort of escalation of Presi- Senate floor, has now spread to the clerked for the Honorable James H. dential election politics or an indica- committee level with made-up ger- Colman, Jr., a justice on the Supreme tion of a partisan fight over judicial maneness rules and tabling motions Court of New Jersey. After his clerk- confirmations. Those are raised as forced on amendments, some of which ship, Judge Shipp joined Skadden, speculation or misreading what is hap- had received bipartisan support from Arps, Slate, Meagher & Flom LLP as a pening in the Senate. The fact is that members of the Judiciary Committee litigation associate. There, he worked the cloture vote, which is now vitiated, in the past. The only conclusion that in general litigation matters, handling had nothing to do with the judicial can be drawn is that the Senate major- labor and employment work. He also confirmation process in general or this ity leadership wants to protect its developed an expertise in mass tort law nominee in particular. members at every step of the legisla- and products liability litigation. There is, unfortunately, an element tive process from having to make dif- In 2003, Judge Shipp became an as- of partisan gridlock that is affecting ficult votes, and the majority leader- sistant attorney general in charge of

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.027 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 23, 2012 CONGRESSIONAL RECORD — SENATE S5251 consumer protection with the Depart- consent to the nomination of Michael LEGISLATIVE SESSION ment of Law and Public Safety of New A. Shipp, of New Jersey, to be United The PRESIDING OFFICER. Under Jersey. There, he managed five prac- States District Judge for the District the previous order, the Senate will re- tice groups: consumer fraud prosecu- of New Jersey. sume legislative session. tion, insurance fraud prosecution Mr. LEAHY. Mr. President, I ask for Mr. REID. I suggest the absence of a (civil), securities fraud prosecution, the yeas and nays. quorum. professional boards prosecution, and The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The debt recovery. He supervised approxi- sufficient second? There appears to be clerk will call the roll. mately 80 deputy attorneys general. In a sufficient second. The assistant legislative clerk pro- 2005, he was promoted to the Attorney The clerk will call the roll. ceeded to call the roll. General’s front office. There, he acted The assistant legislative clerk called Mr. CONRAD. Madam President, I as an advisor to the Attorney General the roll. ask unanimous consent that the order on sensitive legal matters related to Mr. DURBIN. I announce that the for the quorum call be rescinded. ethics and appointments. In 2007, Judge Shipp was appointed as Senator from Alaska (Mr. BEGICH), the The PRESIDING OFFICER. Without a United States magistrate judge for Senator from California (Mrs. BOXER), objection, it is so ordered. the District of New Jersey. As a mag- the Senator from Pennsylvania (Mr. f CASEY), the Senator from Iowa (Mr. istrate judge he presides over civil and MORNING BUSINESS criminal pre-trial proceedings. He also HARKIN), and the Senator from Colo- presides over civil trials, with the con- rado (Mr. UDALL) are necessarily ab- Mr. CONRAD. Madam President, I sent of the parties. The ABA Standing sent. ask unanimous consent that the Sen- Committee on the Federal Judiciary I further announce that, if present ate proceed to a period of morning gave Judge Shipp a rating of substan- and voting, the Senator from Colorado business, with Senators permitted to tial majority ‘‘Qualified,’’ minority (Mr. UDALL) would have voted ‘‘yea.’’ speak therein for up to 10 minutes ‘‘Not Qualified.’’ Mr. KYL. The following Senators are each. Mr. LEAHY. Mr. President, I ask necessarily absent: the Senator from The PRESIDING OFFICER. Without unanimous consent to speak for 1 South Carolina (Mr. DEMINT), the Sen- objection, it is so ordered. minute. ator from Utah (Mr. HATCH), and the f Mr. GRASSLEY. I ask unanimous Senator from Illinois (Mr. KIRK). consent to have 1 minute, then, too. Further, if present and voting, the TRIBUTE TO LARRY CORUM Mr. LEAHY. I have no objection. In Senator from Utah (Mr. HATCH) would Mr. MCCONNELL. Madam President, fact, I will give a courtesy to the Sen- have voted ‘‘yea.’’ I come before the Senate to recognize ator from Iowa that he did not give to The PRESIDING OFFICER (Mrs. the entrepreneurial spirit of Mr. Larry me, and I will be happy to yield 1 HAGAN). Are there any other Senators Corum of London, KY. After serving in minute. in the Chamber desiring to vote? the United States military for over 20 The PRESIDING OFFICER. Is there The result was announced—yeas 91, years, in 1990 he opened a printing busi- objection? Without objection, it is so nays 1, as follows: ness and now is the manager of the ordered. [Rollcall Vote No. 182 Ex.] London-Corbin Airport. Both his eco- Mr. LEAHY. Usually, Mr. President, nomic leadership and steadfast service YEAS—91 it has been my experience that in 37 to Laurel County make him a valuable years in this Senate, as the second Akaka Graham Murray asset to the London community. most senior Member here, if a Senator Alexander Grassley Nelson (NE) Ayotte Hagan Born and raised in Clay County, KY, wants to come and attack another Sen- Nelson (FL) Barrasso Heller Paul upon his graduation from high school ator, they have the courtesy of giving Baucus Hoeven Portman in 1958, Larry attended Sue Bennett him notice before they do. I am sorry Bennet Hutchison Pryor Bingaman Inhofe College and Eastern Kentucky Univer- my friend from Iowa didn’t follow the Reed sity. After graduating from EKU in Blumenthal Inouye Reid normal courtesy. Blunt Isakson Risch 1965, he joined the U.S. Air Force and The PRESIDING OFFICER. The Sen- Boozman Johanns Roberts became an officer. While in his first Brown (MA) Johnson (SD) ator from Iowa. Rockefeller years of service, Larry married his Mr. GRASSLEY. Mr. President, for Brown (OH) Johnson (WI) Burr Kerry Rubio wife, Lois. Throughout his 20-year mili- my 1 minute I will respond simply to Sanders Cantwell Klobuchar tary career, the couple traveled around that by saying that I am talking about Cardin Kohl Schumer the country with their two children, the institution of the Senate and not Carper Kyl Sessions Shaheen Chris and Gienah. Finally in 1989, he one single Senator personally. Chambliss Landrieu Coats Lautenberg Shelby retired from the Air Force as a lieuten- Mr. LEAHY. Mr. President, how Coburn Leahy Snowe ant colonel and settled in London, KY. much time do I have remaining? Cochran Levin Stabenow The PRESIDING OFFICER. The Sen- Collins Lieberman Tester In 1990, Larry opened an American ator has 25 seconds. Conrad Lugar Thune Speedy Printing franchise in the Lon- Coons Manchin Mr. LEAHY. Mr. President, I yield to Toomey don Shopping Center. After acquiring Corker McCain Udall (NM) Durham Printing in 1998, the name of no Member of this body in the fact that Cornyn McCaskill Vitter I uphold not only the rules but the Crapo McConnell Warner the company changed to Allegra Print Durbin Menendez Webb and Imaging. In 2008, Larry left the courtesies of this Senate. As chairman Enzi Merkley Whitehouse business, entrusting his son, Chris, of the Senate Judiciary Committee, I Feinstein Mikulski Wicker have never cut off a Member of the Franken Moran with running the day-to-day business Wyden other party who wished to speak, un- Gillibrand Murkowski operations, and became manager of the like some of the procedures they fol- NAYS—1 London-Corbin airport, which is the sixth-largest airport in the State of lowed when they held the chair. I have Lee never refused to have a Member of the Kentucky. other party bring up an amendment, NOT VOTING—8 Larry has served on many boards in contrary to the procedures they fol- Begich DeMint Kirk the Laurel County area such as the Boxer Harkin Udall (CO) American Red Cross, the United Way, lowed when they chaired it. Casey Hatch I believe in the Senate. I believe in SCORE, the London-Corbin Airport, the rules of the Senate, but especially The nomination was confirmed. Saint Joseph-London, and the execu- I believe in the comity that Thomas The PRESIDING OFFICER. Under tive board of the Chamber of Com- Jefferson believed in, in this body; oth- the previous order, the motion to re- merce. His contribution to the London- erwise, the Senate would fall apart. consider is considered made and laid Laurel County Chamber of Commerce I yield the floor. upon the table, and the President will stemmed from a desire to grow the The PRESIDING OFFICER. The be immediately notified of the Senate’s community economically. Through the question is, Will the Senate advise and action. Chamber of Commerce, Larry was able

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.025 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5252 CONGRESSIONAL RECORD — SENATE July 23, 2012 to make an economic impact in London bon cutting in 1990. He was later invited to effectively operate the ship, to psy- and improve the lives of his fellow Ken- join the board of directors. In addition, he chology courses which allow him to un- tuckians. has served on the board of the American Red derstand his men and their attitudes in Today, it is my honor to recognize Cross, the United Way of Laurel County, different situations, a diverse edu- SCORE, London-Corbin airport, Saint Jo- Mr. Larry Corum for his contribution seph-London, and the executive board of the cational and experiential background to the Laurel County economy through Chamber. Larry is an active member, Sun- allows Commander Smith to lead his his own small business and his exten- day school teacher, and deacon of the First men effectively. sive service to the London-Laurel Baptist Church of London. It is my privilege today to recognize County Chamber of Commerce. His Larry believes that London and Laurel a Kentuckian who has truly devoted dedication to the community has made County is one of the best places in America his life to the service of this Nation. A London, KY, an attractive area in to bring up a family and grow a small busi- rising star in the U.S. Navy, CDR Jef- ness. He feels that the Chamber can and will which businesses can invest and grow. I help with growth and community improve- frey Smith has committed himself to ask my colleagues in the U.S. Senate ment. He is proud to be a member of this excellence and to proudly representing to join with me in celebrating Mr. community and the London-Laurel County the State of Kentucky. I ask my col- Larry Corum’s service to the greater Chamber of Commerce Executive Board. leagues in the U.S. Senate to join me Laurel County, KY, area. f in saluting U.S. Navy CDR Jeffrey A recent article published in the Smith. Chamber News, a publication of the TRIBUTE TO COMMANDER A recent publication by the Univer- Laurel County-area newspaper the Sen- JEFFREY SMITH sity of Kentucky newspaper the Ken- tinel Echo, highlighted Mr. Corum’s ac- Mr. MCCONNELL. Madam President, tucky Kernel highlighted the accom- complishments. I ask unanimous con- today I rise in recognition of U.S. Navy plishments of the Commander. Mr. sent that said article appear in the CDR Jeffrey Smith, captain of the USS President, I ask unanimous consent RECORD. Kentucky. Commander Smith, a Ken- that said article appear in the RECORD. There being no objection, the mate- tucky native, is the youngest com- There being no objection, the mate- rial was ordered to be printed in the manding officer of an Ohio-class sub- rial was ordered to be printed in the RECORD, as follows: marine. The commander has accom- RECORD, as follows: plished great feats in his naval career [From the Chamber News: The Sentinel [From University of Kentucky, Kentucky Echo, May 30, 2012] and he proudly represents the State of Kernel, July 3, 2012] Kentucky with everything he does. I BOARD OF DIRECTORS: LARRY CORUM USS KENTUCKY’S COMMANDER ISAPROUD UK know he is especially honored to com- ALUM Larry Corum has served as manager of the mand the ship that bears the name of London-Corbin Airport since February 2008. (By Sarah Geegan) The airport is the sixth-largest and one of our beloved Commonwealth. There’s just no telling where an education the busiest general aviation airports in the Commander Smith was born in Cov- from the University of Kentucky can take state of Kentucky. It serves as one of the im- ington, KY, and moved to Independ- you. portant gateways for business and commerce ence, KY, shortly thereafter. Upon For U.S. Navy Cmdr. Jeffrey Smith, the to Laurel County and eastern Kentucky. graduating from Simon Kenton High journey that began at UK has taken him In 1990, Larry moved to Laurel County School, he attended Xavier University around the world and deep below the ocean’s with his wife, Lois, and children, Chris and and then transferred to the University surface, as captain of the USS Kentucky, a Gienah. Seeing a business opportunity and of Kentucky. In 1995, Commander nuclear submarine. using his wife and sister for labor and as Smith graduated with a degree in phys- ‘‘Having been born in Kentucky and grow- partners, he opened an American Speedy ing up there, I can’t imagine any pride great- Printing franchise in the London Shopping ics and was commissioned in the Navy, er than serving as commander of the ship Center. The business began to grow and was where he began nuclear power training that bears my home state’s name,’’ says able to move to a stand-alone building on in Florida. Smith, whose parents and sister still live in South Main Street in 1994. In 1998, a second His dedicated service to the U.S. Kentucky. building was acquired through the purchase Navy brought him to the post of com- Born in Covington and raised in Independ- of Durham Printing and the business name manding officer of an Ohio-class sub- ence, Smith graduated from Simon Kenton was changed to Allegra Print and Imaging. marine. The youngest man in his posi- High School and attended Xavier University After completing college, both Chris and tion, Commander Smith leads both the for a year before transferring to UK. After Gienah joined Larry in the business. Larry Gold and Blue Teams and is charged graduating in 1995 with a bachelor’s degree continued in the business until 2008, when he in physics, Smith was commissioned in the turned over the operation to his son, Chris, with overseeing the drills, mainte- Navy and went to officer candidate school in who has added sign-making capability. He nance, and day to day operations of the Pensacola, Fla., where he began nuclear now operates the business under the name of USS Kentucky. power training. Allegra Print Sign and Design. Respected as a leader by his crew, At 39, Smith is the youngest commanding Larry grew up in Clay County, graduating Commander Smith also makes time to officer of an Ohio-class submarine. The Ken- from Clay County High School in 1958. He share his love of his State, the name- tucky—560 feet long and 42 feet in diameter, later attended Sue Bennett College and East- sake of the submarine, with his men. and producing around 18,000 tons of displace- ern Kentucky University, graduating from After each announcement, it has be- ment—is about the size of the largest ships EKU in 1965. Larry worked several jobs while that worked during World War II. It has a completing his education, including teaching come his trademark to lead the men in crew complement of 160, and it is capable of school in Clay County, Cleveland, Ohio, and a round of ‘‘Go Big Blue’’ cheers. A sinking more than 800 feet and traveling Miami, Fla. In 1967, Larry joined the U.S. Air true Kentucky Wildcats fan, he loves faster than 25 knots. (‘‘That’s pretty much Force and became an officer. He then mar- to talk University of Kentucky basket- freeway speed for a submarine,’’ Smith says.) ried his wife, Lois, and they began a grand ball and ‘‘bracketology’’ with his men The Kentucky’s primary mission, as a stra- adventure together traveling the world and come NCAA Tournament time. By tegic nuclear deterrent, is to provide a cred- making a career. In 1969, Larry was awarded sharing some of these beloved hall- ible, survivable launch platform for ballistic his wings, assigned to an airplane in the marks of the Bluegrass State, Com- missiles from sea. strategic air command and moved to a per- The ship is really a world of its own, Smith manent military base. Over the next 20 mander Smith not only shows his own says, and it’s a complex world with tens of years, Larry served the Air Force as a flight pride in being a Kentuckian, but also thousands of moving parts. For the com- crew member, flight instructor, flight eval- provides his men a sense of attachment mander of the Kentucky, a day’s work in- uator, and command evaluator in the EC, to the place for which their ship was volves taking care of the ship and making KC, and RC–135 Aircraft. Larry, Lois, and named. sure its crew members are prepared for any their children lived in or visited most all of Commander Smith, besides being an situation they could face while at sea. the 50 states and many foreign countries. avid UK Wildcats fan, enjoys reading, ‘‘Life aboard a nuclear submarine is all Larry retired from the Air Force as a lieu- playing video games, and spending about mitigating risk, while still making tenant colonel and the commander of the time with his four children. He credits sure that you are able to perform your mis- 384th Transportation Squadron, McConnell sion,’’ Smith says. ‘‘A submarine at sea is AFB, Wichita, Kan., in 1989. his interests and leadership capabili- really a dangerous environment. Everywhere Larry’s involvement in the London-Laurel ties to his education from the Univer- within reach, there are cables carrying high- County Chamber of Commerce began when sity of Kentucky. From physics and en- voltage electricity. There are pipes con- he opened his business in London with a rib- gineering courses which enable him to taining rapidly moving sea water. There are

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.001 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 23, 2012 CONGRESSIONAL RECORD — SENATE S5253 high-pressure hydraulics lines. And we live There was not a single class that I took at through this post was especially of ben- constantly within just a few feet of the most UK that I have not gone back and leveraged efit to the tourism industry in the re- unforgiving, deadly, crushing environment, in my career at some point.’’ gion. Not only did Buddy and members right on the other side of our hull—the deep A lifelong Wildcat fan, Smith says he was of the commission share information sea. It’s of paramount importance that we thrilled to see the Cats bring home their keep it on the other side of that hull.’’ eighth NCAA Championship this year. He of- about the region at travel shows, but A naval submarine will operate at sea for fers his own, admittedly biased, take on he also organized the first Tourism In- about 50 to 100 days before coming back to bracketology: dustry Development Symposium held port for a couple of months, during which ‘‘I tell my fellow officers that when you in Lexington. time it undergoes a regimen of critical main- pick your bracket for the NCAA tournament, After the death of his wife, Jeanne, tenance and a crew rotation. The Kentucky you need to realize that there is a Center of and son, Don, in 1983 and 1984, respec- has two crews, a Blue Team and a Gold Awesomeness in the Universe, which is Rupp tively, Buddy understandably endured Team. Smith commands both. Arena, and the farther any team is based some difficult times. However, a friend, While the Kentucky is under way, the from there, the less of a chance they are daily routine is one of training, planning and going to have of making it to the Final Susan Mitchell, who later became his maintenance. Breakfast begins at 05:00 (5 Four.’’ wife, helped him through this dark pe- a.m.) and is over by 06:30, at which time the Smith is also father to four children. In his riod. After retiring in 1993, Buddy orga- crew receives briefings before commencing spare time, he enjoys reading broadly on di- nized Vision 2000 for London, Ken- drills at 08:00. Drills consist of simulations of verse topics, including philosophy, poetry, tucky, a plan to define goals for the various different situations that could be en- and music. He is an avid video gamer, who city which ultimately came to fruition countered aboard the ship, such as fires, welcomes challenges from his crew in just during the new millennium. floodings, and casualties. about any game imaginable. Buddy Westbrook is truly an out- On some days, the crew performs strategic ‘‘I try to remain as interdisciplinary as exercises, in which the crew practices the possible,’’ he says. standing citizen of the London, Ken- tasks they could be asked to perform while tucky, community. Passionate about on a mission—everything from processing f the development of Laurel County and messages to walking through a strategic TRIBUTE TO GLENN ‘‘BUDDY’’ the surrounding region, his lifetime launch. This part of the day is usually done WESTBROOK commitment to economic and tourism by 15:00 (3 p.m.), followed by a few hours of development have proved to be invalu- planning, training, and debriefing before din- Mr. MCCONNELL. Madam President, able to southeastern Kentucky. Bud- ner at 17:00 hours. There’s usually a movie I rise today in recognition of Mr. Glenn for the crew around 20:00, and then it’s lights dy’s dedication to his community is ex- ‘‘Buddy’’ Westbrook of London, Ken- emplary, and I am privileged today to out. tucky, and his service to both this na- Running parallel to that daily routine, the recognize his many contributions to ship maintains a regular watch schedule, in tion and the State of Kentucky, spe- Kentucky. I ask my colleagues in the which at any given time, one-third of the cifically Laurel County and the sur- U.S. Senate to join me in celebrating crew is manning a watch station on their rounding region. Passionate about de- Mr. Glenn ‘‘Buddy’’ Westbrook. A re- part of the ship. The watch shifts run for six velopment of the London community, cent article published in the Sentinel- hours in an 18-hour rotation. Mr. Westbrook worked to build the In port, the routine centers around mainte- Echo, a Laurel County-area publica- Laurel County economy and strength- tion, highlighted his accomplishments. nance, with anywhere from 50 to 150 separate en the tourism industry in south- scheduled maintenance items every time the Mr. President, I ask unanimous con- ship comes in. eastern Kentucky. sent that said article appear in the Born in 1930 to J. Hamp and Flo Pearl ‘‘The scheduled maintenance on a car is a RECORD. Westbrook, Buddy Westbrook was good comparison,’’ Smith says. ‘‘Think of all There being no objection, the mate- of the things that you have to check on your raised in London, Kentucky. His nick- rial was ordered to be printed in the car every 5,000 miles. Well, a submarine is a name, Buddy, stuck when his older sis- RECORD, as follows: lot bigger and a lot more complex than a car. ter, Madge, called him Buddy because And a typical car owner might keep their car she could not say Glenn. He began [From the Sentinel-Echo, May 2, 2012] for five or six years, while a submarine has working at an early age when he helped WESTBROOK: ‘THIS IS MOST EXCITING TIME IN to last for 40. So we have to ensure that the HISTORY’ ship is in good shape for another whole gen- his father separate type for the print- (By Tara Kaprowy) eration of submariners.’’ ing shop the family owned. Buddy en- Smith says he works conscientiously to in- joyed working because it made him feel Upon opening the door for his Living still a sense of Kentucky pride in his crew. grown up. However, like all boys, he Treasures interview, 81-year-old Glenn One of the first things he did after taking enjoyed spending time outdoors, espe- ‘‘Buddy’’ Westbrook announces he just has a command was to implement ‘‘Go Big Blue!’’ couple of hours to chat; he’s going four- cially at Kidds Pond, and he also had a wheeling on the Salt River with a friend and, as the ship’s rallying cry. He ends every knack for getting into mischief, such shipboard announcement over the loud- with the spring morning warm and clear, speaker with that call, and the crew echoes as climbing telephone poles. time’s, as they say, a-wastin’. it back. Buddy graduated from high school in But upon stepping into his kitchen, it’s ‘‘I think you’ll find it’s true, on any of the London but during his sophomore year clear Westbrook’s interest hasn’t completely ships named after a state, that the com- attended classes at Berea College to been kidnapped by the prospect of ATVing. manders will try to get the whole state-pride study chemistry. After high school he He’s laid out his dining room table with thing going among the crew,’’ Smith says. ‘‘I attended Sue Bennett College and croissants, marmalade and several types of tea in anticipation of the impending discus- have just a little extra fire in my belly, worked in his father’s gas and LP ap- being a native of Kentucky and a graduate of sion—and, in his characteristic way, to make UK. My crew definitely knows that we’re pliance store. Throughout his life, he things lovely and enjoyable. representing a great state.’’ was taught that civic duty and serving Westbrook was born June 14, 1930, to J. Smith says the education he received at others was an important part of being Hamp and Flo Pearl (Eversole) Westbrook. UK has helped to prepare him for his role in a member of a community. In 1950, His mother was born in London and her ma- the Navy in ways he couldn’t even have Buddy joined the U.S. Army and served ternal grandfather, J.N. Robinson, was the imagined when he was a student some 20 in Germany during the Korean War. first photographer and jeweler in town. ‘‘My years ago. When he returned to London, Buddy mother’s father was Roscoe Eversole, and he ‘‘The experience that I had in college—not was the cashier of the First National Bank just in physics, but the whole multidisci- took over his family store. As an active in London and was also mayor when they plinary aspect of what college is—has served member of the Jaycees, an organiza- first started putting in sidewalks and cul- me very well throughout my career,’’ he tion that promotes community devel- verts. Before that, it was boardwalks. And so says. ‘‘I use the physics every day, and the opment, he was able to attend a con- I grew up with examples of leadership, a love engineering and math. But there’s also phi- ference in Ashland where he met his of London and Laurel County, and an appre- losophy—particularly the connection be- wife, Jeanne. The couple had eight ciation of the people.’’ tween philosophy and anthropology: How do children. In 1970, Governor Wendell His father came from the cotton farms of we live in a multinational society? There’s Ford named Buddy to the Kentucky In- Georgia and, together, he and Flo Pearl psychology, which helps me to be able to in- made a cozy home with their young family terpret the reactions of my crew in an objec- stitute for Children. in an apartment above First National Bank. tively harsh environment. I use business In 1975, Buddy was offered a position Westbrook’s sister Madge was two years his management and financial accounting. Even with the Cumberland Valley Area De- elder and, unable to pronounce the name the Russian I studied has served me well. velopment District. His service ‘‘Glenn,’’ he soon acquired the nickname

VerDate Mar 15 2010 01:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.002 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5254 CONGRESSIONAL RECORD — SENATE July 23, 2012 ‘‘Buddy,’’ a moniker by which he is still ther. Westbrook said he was lucky to learn panded into institutional food service for known. from his father ‘‘how to build a business, schools, hospitals and resorts. Hamp worked at the Corbin Times and care for customers, find what they needed, With the majority of his business in east- later owned a printing shop in Corbin. From and have it for them.’’ ern Kentucky, Westbrook soon discovered it a young age, Westbrook helped his father, But Westbrook was lucky—jobs were was cheaper to get his instrument pilot’s li- learning ‘‘to separate cold type in a Cali- scarce and veterans returning from WWII cense and fly his men to Pikeville than it fornia box,’’ he said. wanted to be able to live in Laurel County. was to drive, so he bought a six-passenger ‘‘It wasn’t done by a-b-c-d-e-f-g,’’ he said. That desire was granted when in 1949, Lon- Cessna and began his career in the air, flying ‘‘It was by the most-used letters, ‘e’ was in don was chosen to be Kentucky’s first ‘‘Test the equivalent of eight times around the the center in the bigger box. It made me feel City,’’ an experiment in community develop- world. grown up.’’ ment sponsored by the Kentucky Chamber of ‘‘On the weekend, I could take my family After Madge and Westbrook started at- Commerce. Over the next 10 years, the effort and we’d leave here at noon and be on the tending school at Sue Bennett grade school, attracted 2,500 new jobs to the area. beach in Florida in five hours,’’ he remem- Flo Pearl went to work at First National Part of the effort involved ‘‘a big clean-up, bered. Bank, a job she kept for the next 50 years. paint-up, fix-up’’ campaign in preparation Spending time with his family was para- With the family settling in a home his fa- for visits from industries, Westbrook said. mount to Westbrook, though he admits he ther built on East Fifth Street, Westbrook ‘‘Gradually the ramshackle buildings and was a ‘‘strict disciplinarian.’’ remembers a happy childhood. ‘‘This was a sheds were torn down,’’ he said. ‘‘There was ‘‘I believe discipline is proof that you care wonderful place to grow up,’’ he said. ‘‘If you no law or anything, there was just pride. about values that are important in life,’’ he made any mistakes while you were in town, They wanted it to be part of helping it suc- said. ‘‘When my daughter Leann was born with Down syndrome, she thrived because of like climbing telephone poles or things like ceed. Weeded lots were mowed, progress re- the help of her brothers and sisters. I stopped that, your parents knew by the time you got ports were given every week in the news- playing golf and our family did things to- home. You got a lecture and often your paper.’’ backside got warmed.’’ The experience profoundly affected gether and we traveled as a family. We tried London was a friendly place to live, and Westbrook, who was greatly inspired by the to teach them the need for unconditional ‘‘people would come to town on Saturdays community leaders who were spurring the ef- love. They went to church and learned to pray. They still go to church.’’ from farms, park their cars, park their fort. ‘‘The leadership I saw, the people I re- In 1975, still with a passion for leadership, horses and wagons behind the jail on Broad spected, the veterans who came back from Westbrook was asked to work for the Cum- Street, and they’d come up on Main Street World War II and other leaders, they got to- berland Valley Area Development District. where all the businesses were located,’’ he gether and I saw them cooperating and real- Later, he worked to develop a stronger tour- said. ‘‘It was a time when doctors cared ly dreaming, saying we could do this and ism industry in the region. ‘‘We’d take our about you. They knew you, they loved you, let’s try this to create jobs. Even though brochures and our booths and our pictures and they wanted to heal you.’’ there would be the potential embarrassment and travel to shows in Chicago and Indianap- Westbrook also described strict but caring of trying something and it not working, at olis and Cincinnati and Detroit and people teachers. ‘‘We learned about patriotism and least you felt like you should try it.’’ would come and see where to go on vaca- civic things,’’ he said. ‘‘We started learning Westbrook joined the Jaycees, the young tion,’’ he said. at an early age that we were part of a men’s organization active in community de- Eight years later, Jeanne was diagnosed whole.’’ velopment. with lung cancer and, with little treatment Evenings at the Westbrook house included In 1950, Westbrook was drafted in the U.S. available, died August 2, 1983. Nine months the family ‘‘watching the radio’’ to listen to Army during ‘‘the Korean Police Action,’’ later, Westbrook’s son Don died after having the evening news. Flo Pearl would read to but rather than be sent to Asia, was shipped an allergic reaction to a flu shot. It was a her children from English and American au- to Germany where he taught soldiers about devastating time for Westbrook, who was thors and classic mythology. On warm sum- weapon surveillance and fire direction con- still working and taking care of Leann. mer afternoons, Westbrook said he and his trol in his artillery unit. He was also given Though he continued to go to work every friends would head to a small lake south of the task of purchasing German wines for the day, he admitted he fell into a deep depres- London close to the entrance of Levi Jack- military base. sion. ‘‘When a child dies, it pulls something son Wilderness Road State Park. Westbrook took full advantage of his time out of you and you’re never, ever the same,’’ ‘‘It was Kidds Pond,’’ he said. ‘‘They had in Europe and sunk happily in its cultures. he said. dressing rooms and they charged you a quar- He learned to ski in the Alps, took photog- Eventually, Westbrook was able to recover, ter to swim all day and sometimes it was 10 raphy lessons from ‘‘an old German,’’ learned in part with the help of Susan Mitchell, who cents. Of course, back then you could get a French, German, and Italian, ate pizza and would later become his wife. ‘‘She helped me Coke for a nickel and hamburgers were a weinerschnitzel for the first time, and spent through the most difficult times of the griev- nickel.’’ his time off travelling. ‘‘I spent a week in ing,’’ he said. ‘‘I was certainly not a very When he was looking for something to do, Paris and got to go to every museum,’’ he pleasant person to be around, and she told Westbrook would head to his grandmother’s said. ‘‘It was fun to be discovering these me years later I was the saddest person she farm next to where E.C. Porter’s IGA cur- things. I got to see the Louvre. When I went had ever seen. I was so thankful to have a rently stands, where he learned how to in there, on the first landing, there was the friend who knew what I was going through. ‘‘milk a cow and how to churn and make but- Winged Victory of Samothrace and I said, She was my cheerleader.’’ ter.’’ Wow! They’ve got it here.’ ’’ Together, Susan and Westbrook have a On December 7, 1941, Westbrook remembers When he was discharged in 1953, Westbrook son, Reuben, and though no longer married, ‘‘playing in the front yard on his bicycle’’ returned to London, shed his dreams of be- remain friends. when his parents told him President Roo- coming a chemist, and took over the family After 18 years with the development dis- sevelt had announced the Japanese had at- business. He quickly re-joined the Jaycees trict, during which he organized the first tacked Pearl Harbor. From that moment on, and upon his first annual meeting in Ash- Tourism Industry Development Symposium Westbrook’s childhood changed. ‘‘We fol- land, met the woman who was to become his in Lexington, Westbrook retired in 1993. In lowed everything about the war,’’ he said. ‘‘I first wife. ‘‘The only single one was Jeanne advance of the new millennium, he organized saw the National Guard troops mount up Watts,’’ he said. ‘‘A year and a half later, we Vision 2000, an effort to define London’s over where the fire department is now on were married.’’ goals and aspirations, many of which came Dixie Street. They had horses and stables They wed in Ashland and Westbrook re- to fruition. In 2010, he wrote a cookbook, and they had a drill hall filled with sand turned to London with his bride. ‘‘She was ‘‘Grandma’s Heirloom Kentucky and South- with a roof over it and they would take the intelligent, she had her own way of doing ern Recipes.’’ He continues to live with horses in there and do their formations in things, she was thoughtful and caring, but Leann, ‘‘who babysits her dad,’’ and enjoys there. I remember seeing the troops mount she was also very independent,’’ he said of seeing his other children, 13 grandchildren, up in the armory after World War II started Jeanne. and five great-grandchildren. He attends St. and march up Main Street, go down to the Together they had eight children—Joe, William Catholic Church. And he remains depot and get on a train to go off to war.’’ Amy, Don, Robert, David, Mary, Susan, and deeply committed to London and his passion By the time he reached high school, Leann. Jeanne kept the books and Buddy for progress. Westbrook had decided he would become a continued working at his businesses and div- At the end of his interview, he outlines ‘‘brilliant chemist for Dupont’’ and even ing into community issues. In 1970, he was ways to think outside the box, drawing sev- went to Berea College in his sophomore year appointed by Gov. Wendell Ford and later eral adjacent squares on a sheet of paper and to study chemistry. He returned to London Gov. Julian Carroll to the Kentucky Com- asking how many are actually there. Point- the following year to graduate. ‘‘That was a mission for Children, which was renamed the ing out how several small boxes form several wonderful experience,’’ he said. ‘‘London had Kentucky Institute for Children, and at- larger ones, he talks about the importance of a good basketball team, good cheerleaders tended the president’s 1970 White House Con- expanding one’s mind. ‘‘You have to be open and good teachers who cared.’’ ference on Children and Youth. minded, you can’t just be closed to what was. Following graduation, Westbrook enrolled After decades in the gas business, It’s exciting. This is the most exciting time in Sue Bennett College. Later, he worked at Westbrook decided to go into the wholesale in the history of mankind to be alive,’’ he the appliance and LP gas store with his fa- kitchen-design business, one that later ex- said and puts his pencil down.

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.003 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 23, 2012 CONGRESSIONAL RECORD — SENATE S5255 HONORING OUR ARMED FORCES tion that he held for a number of years: potato farming in South Dakota. Com- SERGEANT MICHAEL E. RISTAU sergeant in the U.S. Army. mercial potato farming first arrived Mr. GRASSLEY. Madam President, I Kenneth Saavedra, Jr., served with around 1908, and by the 1940s, Garden rise to pay tribute to the life and serv- the Army’s 1st Battalion, 102nd Infan- City farms were yielding half a million ice of SGT Michael E. Ristau, a native try Regiment, including two tours of bushels of potatoes each year. Residents of Garden City plan to cel- of Cascade, IA. He was killed on July duty in Afghanistan, and served with ebrate their town’s 125th anniversary 13, 2012 in Qalat, Zabul Province, Af- the National Guard for almost 10 years. with a day full of activities for the ghanistan while serving his country as Kenneth was an American patriot. He whole family. Festivities will begin part of Operation Enduring Freedom. selflessly dedicated his life to serving with a tractor parade, followed by a He leaves behind his wife, Elizabeth, his country and never asked what he pork loin dinner, bean bag and horse- two sons, Hyle and Bradley, his par- would receive in return. And after he shoe tournaments, and musical enter- ents, Randy and Suzanne, and many came home from two tours in Afghani- tainment, all held in the park. At the other family and friends. My prayers stan, he continued to stay active in Opera House, numerous mementos and go out to them as they grieve his loss. veterans’ causes as vice chair of the antiquities will be on display to show- By all accounts, he was a brave sol- Teamsters Veterans Caucus Con- necticut Chapter 1 and an avid sup- case the rich history of Garden City. dier who was proud of serving his coun- Garden City was founded by a deter- try. He had a long list of awards and porter of the Wounded Heroes Fund. This Saturday, Kenneth will be laid mined group of pioneers, who fought decorations, including the Bronze Star hard for the preservation and advance- and Purple Heart, Army Achievement to rest in the Connecticut Veterans’ Cemetery in Rocky Hill with full mili- ment of their town. This legacy is evi- Medal, Army Good Conduct Medal, dent to this day in the can-do spirit of with Oak Leaf Cluster, National De- tary honors. We owe a debt of gratitude to Kenneth Saavedra, Jr., and to mili- its residents. I congratulate Garden fense Service Medal, Afghanistan Cam- City on reaching this historic mile- paign Medal, with Bronze Service Star, tary men and women like him who have risked everything to protect our stone and wish them the best in the fu- Iraq Campaign Medal, with two Bronze ture.∑ Service Stars, Global War on Terrorism Nation, and served and sacrificed, often f Service Medal, Army Service Ribbon, at great cost to themselves. We must NATO Medal, Non-Commissioned Offi- keep faith with them and make sure TRIBUTE TO VINCENT J. VACCA that we leave no veteran behind. cer Professional Development Ribbon, ∑ Mr. TESTER. Madam President, I I want to offer my sincere condo- Valorous Unit Award, Meritorious Unit wish to pay tribute to Vincent J. lences to Kenneth’s parents, Evelyn Commendation, and Combat Infantry- Vacca, a veteran of the first Gulf War. and Kenneth Sr., as well as to his many man Badge. Vince, on behalf of all Montanans and Our Nation is truly blessed to have family members and friends who are ∑ all Americans, I stand to say thank patriots like Sergeant Ristau who vol- mourning his loss. you for your service to this nation. It unteer to serve their country, prepared f is my honor to share the story of Vince to endure the daily sacrifices of a de- GARDEN CITY, SOUTH DAKOTA Vacca’s service in Operation Desert ployment and the horrors of combat, ∑ Mr. JOHNSON of South Dakota. Storm, because no story of heroism and knowing that they could make the Madam President, today I wish to pay should ever fall through the cracks. ultimate sacrifice. About his military Vince was born in New York but grew tribute to the 125th anniversary of the service, his family said, ‘‘Michael had a up in Libby, MT. When he was just a founding of Garden City, SD. Located passion for the military and was going junior in high school, Vince decided to in northeastern Clark County, Garden to re-enlist.’’ They also said that ‘‘Mi- join the Navy headed to boot camp City is a proud small town, known for chael was always looking out for oth- right after he graduated. On his first potato farming. ers and helping them in any way pos- deployment, he was stationed on the The townsite of Garden City was es- sible.’’ There is certainly no more self- U.S.S. Sylvania as an electricians tablished in 1882 on 40 acres of land do- less act than to give one’s life to en- mate. nated by Clarence Hayward, an early sure that others may live in freedom. Vince served in Operation Desert resident. Hayward was known as the fa- We cannot hope to ever fully repay the Storm from 1990 to 1991. He separated ther of the town because of his stead- debt we owe Michael Ristau, but as he from the Navy in May of 1992 but re-en- fast dedication to the well-being and joins the illustrious ranks of our fallen listed in the Armed Services, this time improvement of Garden City. It is said patriots from the birth of our Nation in the U.S. Army in December of 1992. that were it not for his aggressive ad- to the present day, we have an obliga- In the Army, Vince graduated third vocacy, Garden City would not be a tion to honor his life and his sacrifice. in his class as a fire direction specialist town. We must always remember heroes like in field artillery. Vince served in the The Chicago, Milwaukee & St. Paul Michael Ristau and never take for Army until 1999. After his service, Vin- Railroad was built in the town in 1887, granted the gift of liberty they have cent Vacca never received the medals bringing with it great prosperity. At won for us. he earned from either the Army or the that time, R.S. Carpenter donated a 40- Navy. Vince recently received his f acre parcel of land located just south of Army medals but couldn’t get his Navy ADDITIONAL STATEMENTS Garden City to the town. His wife is medals. credited with naming the town, an Earlier this month, in the presence of honor granted to her by the railroad his family, it was my honor to finally HONORING KENNETH SAAVEDRA, workers who were impressed by her present to Vince: the Navy Good Con- JR. hospitality. She had a love of flowers duct Medal, the National Defense Serv- ∑ Mr. BLUMENTHAL. Madam Presi- and saw parallels between the townsite ice Medal, Southwest Asia Service dent, for a few minutes, let us recall a and the Garden of Eden. Medal with two bronze stars, and the young patriot, a military veteran, and The year 1887 was important in the Navy Unit Commendation Ribbon. I a Connecticut son who tragically early history of Garden City. Besides also had the honor of presenting to passed away on July 15, 2012. His name the establishment of the railroad, 1887 Vince, the Kuwait Liberation Medal, was Kenneth Saavedra, Jr. He was just was when the first buildings were con- based in Kuwait, the Sea Service De- 29 years old. structed. There was a grocery store and ployment Ribbon with one bronze star, Kenneth was born in Bridgeport, CT hardware business built by William and the Kuwait Liberation Medal, and lived in Shelton for most of his Morise and Charley Edwards, as well as based in Saudi Arabia. life. He graduated from Shelton High a post office and a railroad depot. In These seven decorations are small to- School and the University of Con- following years, many business and kens, but they are powerful symbols of necticut. Kenneth was an electrician civic organizations popped up to serve true heroism, sacrifice, and dedication and worked for Sikorsky Aircraft. the growing population. to service. But I speak about Kenneth today be- In the 20th century, Garden City These medals are presented on behalf cause of another job a different distinc- earned notoriety for being a center of of a grateful Nation.∑

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.007 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5256 CONGRESSIONAL RECORD — SENATE July 23, 2012 LANDSAT SATELLITE PROGRAM the development and progress of the The order prohibits the importation ∑ Mr. UDALL of Colorado. Madam Landsat program. Ball developed and into the United States, directly or indi- President, I wish to recognize and com- constructed several vital components rectly, of charcoal from Somalia. It memorate the Landsat satellite pro- of the Landsat mission, most notably also amends the designation criteria gram on the 40th anniversary of the the Operational Land Imager, which al- specified in E.O. 13536. As amended by launch of the first Landsat satellite. lows for detailed imaging and a com- the order, E.O. 13536 provides for the While perhaps not as well known as plete scan of the entire globe every 16 designation of persons determined by some of our other satellite programs, days. the Secretary of the Treasury, in con- the Landsat satellites are nevertheless I want to congratulate all those who sultation with the Secretary of State, wildly successful and critically impor- have been associated with the Landsat to: tant to scientific research and policy- legacy over the past 40 years on ful- Have engaged in acts that directly or making. filling Secretary Udall’s vision so ably. indirectly threaten the peace, security, On September 21, 1966, Secretary of Their tireless dedication has been a or stability of Somalia, including but the Interior Stewart Udall announced true benefit to all Americans and the not limited to: Acts that threaten the the commencement of Project EROS— world.∑ Djibouti Agreement of August 18, 2008, Earth Resources Observation Sat- f or the political process; acts that threaten the Transitional Federal In- ellites. The goal of Project EROS was REPORT ON THE CONTINUATION to create a program responsible for stitutions or future Somali governing OF THE NATIONAL EMERGENCY institutions, the African Union Mission mapping the characteristics of the sur- ORIGINALLY DECLARED IN EX- face of the Earth, thereby helping us in Somalia (AMISOM), or other future ECUTIVE ORDER 13536 ON APRIL international peacekeeping operations better understand Earth’s natural re- 12, 2010 WITH RESPECT TO SOMA- sources and changing climate. related to Somalia; or acts to mis- LIA, RECEIVED DURING AD- appropriate Somali public assets; In the years following, the Depart- JOURNMENT OF THE SENATE ment of the Interior, through the U.S. Have obstructed the delivery of hu- JULY 20, 2012—PM 58 Geological Survey and partnering with manitarian assistance to Somalia, or the National Aeronautics and Space The PRESIDING OFFICER laid be- access to, or distribution of, humani- Administration, established the EROS fore the Senate the following message tarian assistance in Somalia; Program, and on July 23, 1972, launched from the President of the United Have directly or indirectly supplied, the first Landsat satellite responsible States, together with an accompanying sold or transferred to Somalia, or to for Earth surface imaging. Over the report; which was referred to the Com- have been the recipient in the territory last 40 years the United States mittee on Banking, Housing, and of Somalia of, arms or any related ma- launched six more Landsat satellites, Urban Affairs: teriel, or any technical advice, train- ing, or assistance, including financing ensuring continuous observation and To the Congress of the United States: creating a national archive of natural Pursuant to the International Emer- and financial assistance, related to resource information. The next gency Economic Powers Act (50 U.S.C. military activities; Be responsible for or complicit in, or Landsat is scheduled to be launched in 1701 et seq.) (IEEPA), I hereby report responsible for ordering, controlling, or 2013. that I have issued an Executive Order otherwise directing, or to have partici- Today Landsat is crucial, not only to (the ‘‘order’’) taking additional steps pated in, the commission of acts of vio- environmental research and study, but with respect to the national emergency lence targeting civilians in Somalia, to national policy and decisionmakers declared in Executive Order 13536 of including killing and maiming, sexual at all levels. Landsat collects data April 12, 2010 (E.O. 13536). and gender-based violence, attacks on from across the United States from the In E.O. 13536, I found that that the schools and hospitals, taking hostages, forests of Washington and Oregon, to deterioration of the security situation and the persistence of violence in So- and forced displacement; the changing wetlands and waterways Be a political or military leader re- malia, and acts of piracy and armed of coastal Louisiana. It also collects cruiting or using children in armed robbery at sea off the coast of Somalia, data globally, mapping, for example, conflict in Somalia; the arid regions of Saudi Arabia and which have repeatedly been the subject Have engaged, directly or indirectly, Mexico and the shrinking Aral Sea and of United Nations Security Council res- in the import or export of charcoal Lake Chad. Using the information olutions, and violations of the arms from Somalia on or after February 22, gathered by these satellites, research- embargo imposed by the United Na- 2012; ers are able to catalogue and compare tions Security Council in Resolution Have materially assisted, sponsored, changes in the land due to urbaniza- 733 of January 23, 1992, and elaborated or provided financial, material, tion, deforestation, population growth, upon and amended by subsequent reso- logistical or technical support for, or climate change, and natural disasters. lutions, constitute an unusual and ex- goods or services in support of, the ac- This kind of analysis is critically im- traordinary threat to the national se- tivities described above or any person portant to local governments, farmers curity and foreign policy of the United whose property and interests in prop- and ranchers, land managers, and States. To address that threat, E.O. erty are blocked pursuant to E.O. 13536; many other decisionmakers. 13536 blocks the property and interests or For example, my home State of Colo- in property of persons listed in the Be owned or controlled by, or to have rado has been deeply affected by Annex to E.O. 13536 or determined by acted or purported to act for or on be- wildfires this year. Drought, climate the Secretary of the Treasury, in con- half of, directly or indirectly, any per- change, and fire suppression have com- sultation with the Secretary of State, son whose property and interests in bined to make this one of the most de- to meet criteria specified in E.O. 13536. property are blocked pursuant to E.O. structive wildfire seasons in Colorado In view of United Nations Security 13536. history. Landsat satellites collect data Council Resolution 2036 of February 22, The designation criteria will be ap- measuring water consumption by 2012, and Resolution 2002 of July 29, plied in accordance with applicable plants, bark beetle infestation, forest 2011, I am issuing the order to take ad- Federal law including, where appro- health, fuel loads, and even environ- ditional steps to deal with the national priate, the First Amendment to the mental recovery data from these dam- emergency declared in E.O. 13536 and to United States Constitution. In view of aging fires. Given this information, we address exports of charcoal from Soma- United Nations Security Council Reso- can better combat wildfires both on the lia, which generate significant revenue lution 2002 of July 29, 2011, persons who front lines and through our decisions for al-Shabaab; the misappropriation of engage in non-local commerce via al- here in Washington. Somali public assets; and certain acts Shabaab-controlled ports that con- Not only does Landsat data benefit of violence committed against civilians stitutes support for a person whose Colorado decisionmakers, but the sat- in Somalia, all of which contribute to property and interests in property are ellites themselves have a strong Colo- the deterioration of the security situa- blocked pursuant to E.O. 13536 may be rado pedigree. Ball Aerospace, located tion and the persistence of violence in subject to designation pursuant to E.O. in Boulder, CO, is a key contributor to Somalia. 13536, as amended by the order.

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.006 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 23, 2012 CONGRESSIONAL RECORD — SENATE S5257 The order was effective at 2:00 p.m. S. 3420. A bill to permanently extend the Beaver, Chipuxet, Queen, Wood, and eastern daylight time on July 20, 2012. 2001 and 2003 tax cuts, to provide for perma- Pawcatuck Rivers in the States of Con- I have delegated to the Secretary of nent alternative minimum tax relief, and to necticut and Rhode Island for study for po- the Treasury, in consultation with the repeal the estate and generation-skipping tential addition to the National Wild and transfer taxes, and for other purposes. Scenic Rivers System, and for other pur- Secretary of State, the authority to poses; to the Committee on Energy and Nat- f take such actions, including the pro- ural Resources. mulgation of rules and regulations, and REPORTS OF COMMITTEES f to employ all power’s granted to the The following reports of committees President by IEEPA as may be nec- SUBMISSION OF CONCURRENT AND were submitted: essary to carry out the purposes of the SENATE RESOLUTIONS order. All agencies of the United States By Mr. KERRY, from the Committee on The following concurrent resolutions Foreign Relations, with an amendment in and Senate resolutions were read, and Government are directed to take all the nature of a substitute: appropriate measures within their au- S. 1039. A bill to impose sanctions on per- referred (or acted upon), as indicated: thority to carry out the provisions of sons responsible for the detention, abuse, or By Mr. KERRY (for himself, Mr. the order. death of Sergei Magnitsky, for the con- LUGAR, Mr. WEBB, Mr. INHOFE, Mr. I am enclosing a copy of the Execu- spiracy to defraud the Russian Federation of LIEBERMAN, and Mr. MCCAIN): tive Order I have issued. taxes on corporate profits through fraudu- S. Res. 524. A resolution reaffirming the lent transactions and lawsuits against Her- strong support of the United States for the BARACK OBAMA. 2002 declaration of conduct of parties in the THE WHITE HOUSE, July 20, 2012. mitage, and for other gross violations of human rights in the Russian Federation, and South China Sea among the member states f for other purposes (Rept. No. 112–191). of ASEAN and the People’s Republic of China, and for other purposes; to the Com- MESSAGE FROM THE HOUSE f mittee on Foreign Relations. At 2:03 p.m., a message from the INTRODUCTION OF BILLS AND f House of Representatives, delivered by JOINT RESOLUTIONS ADDITIONAL COSPONSORS Mr. Novotny, one of its reading clerks, The following bills and joint resolu- announced that the House has passed S. 102 tions were introduced, read the first At the request of Mr. MCCAIN, the the following bill, in which it requests and second times by unanimous con- names of the Senator from Wyoming the concurrence of the Senate: sent, and referred as indicated: (Mr. BARRASSO) and the Senator from H.R. 5856. An act making appropriations By Mr. REED (for himself and Mr. Utah (Mr. HATCH) were added as co- for the Department of Defense for the fiscal GRASSLEY): sponsors of S. 102, a bill to provide an year ending September 30, 2013, and for other S. 3416. A bill to enhance civil penalties purposes. optional fast-track procedure the under the Federal securities laws, and for President may use when submitting re- The message further announced that other purposes; to the Committee on Bank- scission requests, and for other pur- the House has agreed to the following ing, Housing, and Urban Affairs. poses. concurrent resolution, in which it re- By Mr. HATCH (for himself and Mr. S. 202 quests the concurrence of the Senate: MCCONNELL): S. 3417. A bill to amend the Internal Rev- At the request of Mr. PAUL, the name H. Con. Res. 133. Concurrent resolution au- enue Code of 1986 to temporarily extend tax of the Senator from Alaska (Ms. MUR- thorizing the use of the rotunda of the relief provisions enacted in 2001 and 2003, to United States Capitol for an event to present KOWSKI) was added as a cosponsor of S. provide for temporary alternative minimum 202, a bill to require a full audit of the the Congressional Gold Medal to Arnold tax relief, to extend increased expensing lim- Palmer, in recognition of his service to the Board of Governors of the Federal Re- itations, and to provide instructions for tax serve System and the Federal reserve Nation in promoting excellence and good reform; to the Committee on Finance. sportsmanship in golf. By Mr. WYDEN: banks by the Comptroller General of The message also announced that the S. 3418. A bill to amend title 10, United the United States before the end of House agrees to the amendment of the States Code, to require the Secretary of De- 2012, and for other purposes. Senate to the bill (H.R. 2527) to require fense to use only human-based methods for S. 343 the Secretary of the Treasury to mint training members of the Armed Forces in the At the request of Mr. BINGAMAN, the coins in recognition and celebration of treatment of severe combat injuries; to the name of the Senator from Virginia (Mr. Committee on Armed Services. the National Baseball Hall of Fame. WEBB) was added as a cosponsor of S. By Mr. SANDERS (for himself, Mr. 343, a bill to amend Title I of PL 99–658 LEAHY, Mr. BROWN of Ohio, Mr. f regarding the Compact of Free Associa- BLUMENTHAL, and Mr. AKAKA): MEASURES REFERRED S. 3419. A bill to provide for the establish- tion between the Government of the United States of America and the Gov- The following bill was read the first ment of the United States Employee Owner- ernment of Palau, to approve the re- and the second times by unanimous ship Bank, and for other purposes; to the Committee on Banking, Housing, and Urban sults of the 15-year review of the Com- consent, and referred as indicated: Affairs. pact, including the Agreement Between H.R. 5856. An act making appropriations By Mr. LEE (for himself, Mr. RUBIO, the Government of the United States of for the Department of Defense for the fiscal Mr. RISCH, Mr. DEMINT, Mr. CORNYN, America and the Government of the year ending September 30, 2013, and for other Mr. VITTER, and Mr. JOHNSON of Wis- Republic of Palau Following the Com- purposes; to the Committee on Appropria- consin): tions. S. 3420. A bill to permanently extend the pact of Free Association Section 432 Review, and to appropriate funds for f 2001 and 2003 tax cuts, to provide for perma- nent alternative minimum tax relief, and to the purposes of the amended PL 99–658 MEASURES PLACED ON THE repeal the estate and generation-skipping for fiscal years ending on or before Sep- CALENDAR transfer taxes, and for other purposes; read tember 30, 2024, to carry out the agree- the first time. ments resulting from that review. The following bills were read the sec- By Mr. SANDERS (for himself, Mr. S. 387 ond time, and placed on the calendar: LEAHY, Mr. BROWN of Ohio, Mr. At the request of Mrs. BOXER, the S. 3414. A bill to enhance the security and BLUMENTHAL, and Mr. AKAKA): resiliency of the cyber and communications S. 3421. A bill to establish an Employee name of the Senator from Missouri infrastructure of the United States. Ownership and Participation Initiative, and (Mrs. MCCASKILL) was added as a co- H.R. 5872. An act to require the President for other purposes; to the Committee on sponsor of S. 387, a bill to amend title to provide a report detailing the sequester Health, Education, Labor, and Pensions. 37, United States Code, to provide flexi- required by the Budget Control Act of 2011 on By Mr. VITTER: ble spending arrangements for mem- January 2, 2013. S. 3422. A bill to prohibit the sale of billfish bers of uniformed services, and for and for other purposes; to the Committee on other purposes. f Commerce, Science, and Transportation. S. 845 MEASURES READ THE FIRST TIME By Mr. REED (for himself, Mr. LIEBER- MAN, and Mr. WHITEHOUSE): At the request of Mr. ENZI, the name The following bill was read the first S. 3423. A bill to amend the Wild and Sce- of the Senator from Maine (Ms. COL- time: nic Rivers Act to designate a segment of the LINS) was added as a cosponsor of S.

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.008 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5258 CONGRESSIONAL RECORD — SENATE July 23, 2012 845, a bill to amend the Internal Rev- COONS) was added as a cosponsor of S. sor of S. 2201, a bill to amend the Inter- enue Code of 1986 to provide for the log- 1372, a bill to amend the Elementary nal Revenue Code of 1986 to extend the ical flow of return information between and Secondary Education Act of 1965 renewable energy credit. partnerships, corporations, trusts, es- regarding environmental education, S. 2283 tates, and individuals to better enable and for other purposes. At the request of Mr. TESTER, the each party to submit timely, accurate S. 1460 name of the Senator from Washington returns and reduce the need for ex- At the request of Mr. BAUCUS, the (Ms. CANTWELL) was added as a cospon- tended and amended returns, to provide name of the Senator from Washington sor of S. 2283, a bill to amend the Rob- for modified due dates by regulation, (Ms. CANTWELL) was added as a cospon- ert T. Stafford Disaster Relief and and to conform the automatic cor- sor of S. 1460, a bill to grant the con- Emergency Assistance Act to include porate extension period to long- gressional gold medal, collectively, to procedures for requests from Indian standing regulatory rule. the First Special Service Force, in rec- tribes for a major disaster or emer- S. 866 ognition of its superior service during gency declaration, and for other pur- At the request of Mr. TESTER, the World War II. poses. name of the Senator from Missouri S. 1806 S. 2342 (Mrs. MCCASKILL) was added as a co- At the request of Mrs. BOXER, the At the request of Mr. TESTER, the sponsor of S. 866, a bill to amend title name of the Senator from California name of the Senator from Virginia (Mr. 10, United States Code, to modify the (Mrs. FEINSTEIN) was added as a co- WARNER) was added as a cosponsor of S. per-fiscal year calculation of days of sponsor of S. 1806, a bill to amend the certain active duty or active service 2342, a bill to reform the National Asso- Internal Revenue Code of 1986 to allow used to reduce the minimum age at ciation of Registered Agents and Bro- taxpayers to designate overpayments which a member of a reserve compo- kers, and for other purposes. of tax as contributions to the homeless nent of the uniformed services may re- S. 2620 tire for non-regular service. veterans assistance fund. At the request of Mr. SCHUMER, the S. 1832 S. 896 name of the Senator from New Hamp- At the request of Mr. BINGAMAN, the At the request of Mr. ENZI, the name shire (Mrs. SHAHEEN) was added as a co- name of the Senator from Colorado of the Senator from West Virginia (Mr. sponsor of S. 2620, a bill to amend title (Mr. BENNET) was added as a cosponsor MANCHIN) was added as a cosponsor of XVIII of the Social Security Act to of S. 896, a bill to amend the Public S. 1832, a bill to restore States’ sov- provide for an extension of the Medi- Land Corps Act of 1993 to expand the ereign rights to enforce State and local care-dependent hospital (MDH) pro- authorization of the Secretaries of Ag- sales and use tax laws, and for other gram and the increased payments riculture, Commerce, and the Interior purposes. under the Medicare low-volume hos- to provide service opportunities for S. 1843 pital program. young Americans; help restore the na- At the request of Mr. ISAKSON, the S. 3248 tion’s natural, cultural, historic, ar- name of the Senator from Illinois (Mr. At the request of Mr. ENZI, the names chaeological, recreational and scenic KIRK) was added as a cosponsor of S. of the Senator from New York (Mr. resources; train a new generation of 1843, a bill to amend the National SCHUMER) and the Senator from Hawaii public land managers and enthusiasts; Labor Relations Act to provide for ap- (Mr. AKAKA) were added as cosponsors and promote the value of public serv- propriate designation of collective bar- of S. 3248, a bill to designate the North ice. gaining units. American bison as the national mam- S. 933 S. 1911 mal of the United States. At the request of Mr. SCHUMER, the At the request of Mr. SCHUMER, the S. 3290 name of the Senator from Massachu- name of the Senator from Massachu- At the request of Mr. VITTER, the setts (Mr. KERRY) was added as a co- setts (Mr. KERRY) was added as a co- name of the Senator from Florida (Mr. sponsor of S. 933, a bill to amend the sponsor of S. 1911, a bill to amend the RUBIO) was added as a cosponsor of S. Internal Revenue Code of 1986 to extend Internal Revenue Code of 1986 to pro- 3290, a bill to prohibit discrimination and increase the exclusion for benefits vide recruitment and retention incen- against the unborn on the basis of sex provided to volunteer firefighters and tives for volunteer emergency service or gender, and for other purposes. emergency medical responders. workers. S. 3325 S. 996 S. 1929 At the request of Mr. BEGICH, the At the request of Mr. ROCKEFELLER, At the request of Mr. BLUMENTHAL, name of the Senator from Colorado the name of the Senator from Alaska the name of the Senator from Colorado (Mr. BENNET) was added as a cosponsor (Mr. BEGICH) was added as a cosponsor (Mr. UDALL) was added as a cosponsor of S. 3325, a bill to authorize the Sec- of S. 996, a bill to amend the Internal of S. 1929, a bill to require the Sec- retary of Health and Human Services, Revenue Code of 1986 to extend the new retary of the Treasury to mint coins in acting through the Administrator of markets tax credit through 2016, and commemoration of Mark Twain. for other purposes. the Substance Abuse and Mental S. 1956 Health Services Administration, in co- S. 1299 At the request of Mr. THUNE, the ordination with the Secretary of Edu- At the request of Mr. MORAN, the cation, to carry out a 5-year dem- name of the Senator from Idaho (Mr. name of the Senator from Florida (Mr. NELSON) was added as a cosponsor of S. onstration program to fund mental CRAPO) was added as a cosponsor of S. 1299, a bill to require the Secretary of 1956, a bill to prohibit operators of civil health first aid training programs at 10 the Treasury to mint coins in com- aircraft of the United States from par- institutions of higher education to im- memoration of the centennial of the ticipating in the European Union’s prove student mental health. establishment of Lions Clubs Inter- emissions trading scheme, and for S. 3352 national. other purposes. At the request of Mr. BINGAMAN, the S. 1368 S. 2093 names of the Senator from New Hamp- At the request of Mr. ROBERTS, the At the request of Mr. MENENDEZ, the shire (Mrs. SHAHEEN) and the Senator name of the Senator from Illinois (Mr. name of the Senator from Connecticut from Oregon (Mr. MERKLEY) were added KIRK) was added as a cosponsor of S. (Mr. BLUMENTHAL) was added as a co- as cosponsors of S. 3352, a bill to amend 1368, a bill to amend the Patient Pro- sponsor of S. 2093, a bill to establish the Internal Revenue Code of 1986 to tection and Affordable Care Act to re- pilot programs to encourage the use of improve and extend certain energy-re- peal distributions for medicine quali- shared appreciation mortgage modi- lated tax provisions, and for other pur- fied only if for prescribed drug or insu- fications, and for other purposes. poses. lin. S. 2201 S. 3372 S. 1372 At the request of Mr. GRASSLEY, the At the request of Mr. WEBB, the At the request of Mr. REED, the name name of the Senator from Minnesota names of the Senator from Hawaii (Mr. of the Senator from Delaware (Mr. (Mr. FRANKEN) was added as a cospon- AKAKA), the Senator from Montana

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.009 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 23, 2012 CONGRESSIONAL RECORD — SENATE S5259 (Mr. BAUCUS), the Senator from Colo- spect to information provided to the Our bill will increase the per viola- rado (Mr. BENNET), the Senator from Bureau of Consumer Financial Protec- tion cap for the most egregious securi- New Mexico (Mr. BINGAMAN), the Sen- tion, and for other purposes. ties laws violations to $1 million per of- ator from Connecticut (Mr. S. RES. 494 fense for individuals and $10 million BLUMENTHAL), the Senator from Cali- At the request of Mr. CORNYN, the per offense for entities. This will help fornia (Mrs. BOXER), the Senator from name of the Senator from Maine (Ms. ensure that the SEC’s most severe, or Ohio (Mr. BROWN), the Senator from COLLINS) was added as a cosponsor of S. ‘‘tier three,’’ penalties will help deter Washington (Ms. CANTWELL), the Sen- Res. 494, a resolution condemning the people from engaging in the most seri- ator from Maryland (Mr. CARDIN), the Government of the Russian Federation ous offenses, rather than have such Senator from Delaware (Mr. CARPER), for providing weapons to the regime of wrongdoing be viewed as just the cost the Senator from Pennsylvania (Mr. President Bashar al-Assad of Syria. of doing business. Under existing law, CASEY), the Senator from Delaware f the SEC can only penalize individual (Mr. COONS), the Senator from Illinois STATEMENTS ON INTRODUCED securities law violators a maximum of (Mr. DURBIN), the Senator from Cali- BILLS AND JOINT RESOLUTIONS $150,000 per offense and institutions fornia (Mrs. FEINSTEIN), the Senator $725,000 per offense. from Minnesota (Mr. FRANKEN), the By Mr. REED (for himself and Our bill will also toughen penalties Senator from New York (Mrs. GILLI- Mr. GRASSLEY): by allowing penalties equal to three BRAND), the Senator from North Caro- S. 3416. A bill to enhance civil pen- times the economic gain of the viola- lina (Mrs. HAGAN), the Senator from alties under the Federal securities tor. It also provides a new calculation Iowa (Mr. HARKIN), the Senator from laws, and for other purposes; to the method that includes the amount of as- Hawaii (Mr. INOUYE), the Senator from Committee on Banking, Housing, and sociated investor losses as part of the South Dakota (Mr. JOHNSON), the Sen- Urban Affairs. penalty determination. This should Mr. REED. Today I am introducing ator from Massachusetts (Mr. KERRY), allow the SEC to address situations bipartisan legislation to address a mat- the Senator from Minnesota (Ms. KLO- where the actual economic gain to the ter that I explored as chairman of the BUCHAR), the Senator from Wisconsin violator is relatively small compared Banking Subcommittee on Securities, (Mr. KOHL), the Senator from Lou- to the extent of the wrongdoing or the isiana (Ms. LANDRIEU), the Senator Insurance, and Investment. During a series of hearings, it became increas- harm caused to investors. from New Jersey (Mr. LAUTENBERG), In the recent case involving ingly clear to me that in order to pro- the Senator from Vermont (Mr. Citigroup, existing law did not even en- LEAHY), the Senator from Michigan tect taxpayers and investors, we need tougher anti-fraud laws and better title the SEC to recover the amount (Mr. LEVIN), the Senator from Con- oversight of Wall Street. Some of these actually lost by investors. Estimated necticut (Mr. LIEBERMAN), the Senator institutions that are ‘‘too big to fail’’ investors losses were about $700 mil- from West Virginia (Mr. MANCHIN), the have also become ‘‘too big to care.’’ We lion, but the SEC proposed to settle the Senator from New Jersey (Mr. MENEN- need to end the cycle of misconduct case with Citigroup for only $285 mil- DEZ), the Senator from Oregon (Mr. where such institutions can look at the lion. This amount was what was esti- MERKLEY), the Senator from Maryland bottom line and see they can break the mated to be close to the total mone- (Ms. MIKULSKI), the Senator from law, get caught, pay a nominal fine, tary recovery that the SEC itself could Washington (Mrs. MURRAY), the Sen- and still profit. have obtained if it had gone to trial. ator from Florida (Mr. NELSON), the At a Securities and Exchange Com- Under our bill, this amount could have Senator from Nebraska (Mr. NELSON), mission, SEC, oversight hearing I held been much larger, and would have the Senator from Arkansas (Mr. in November 2011, I asked Robert taken into account the economic gain PRYOR), the Senator from Rhode Island Khuzami, director of the Division of to Citigroup, in addition to investor (Mr. REED), the Senator from Nevada Enforcement at the SEC, why a re- losses. (Mr. REID), the Senator from West Vir- cently proposed settlement with Recent reports have highlighted the ginia (Mr. ROCKEFELLER), the Senator Citigroup had been thrown out by a level of repeat offenses that have oc- from Vermont (Mr. SANDERS), the Sen- Federal judge in the Southern District curred on Wall Street and gone un- ator from New York (Mr. SCHUMER), of New York, who believed it to be checked. The SEC Penalties Act in- the Senator from New Hampshire (Mrs. egregiously low. Mr. Khuzami replied cludes two statutory changes that SHAHEEN), the Senator from Michigan that the SEC’s ability to assess pen- would substantially improve the abil- (Ms. STABENOW), the Senator from New alties was actually limited by the stat- ity of the SEC’s enforcement program Mexico (Mr. UDALL), the Senator from ute. In follow-up questions, I directly to ratchet up penalties as recidivism Rhode Island (Mr. WHITEHOUSE), and asked if Congress should consider rais- occurs. the Senator from Oregon (Mr. WYDEN) ing these limits, especially in cases in- One would allow the SEC to triple were added as cosponsors of S. 3372, a volving repeated offenders. I subse- the applicable penalty cap for recidi- bill to amend section 704 of title 18, quently received a letter from SEC vists who, within the preceding five United States Code. Chairman Schapiro, and written an- years, have been criminally convicted S. 3392 swers from Mr. Khuzami, supporting of securities fraud or been the subject At the request of Mr. BROWN of Ohio, the need to raise the limits and make of a judgment or order imposing mone- the names of the Senator from Hawaii other improvements to the SEC civil tary, equitable, or administrative re- (Mr. INOUYE) and the Senator from enforcement statute. lief in any action alleging SEC fraud. Michigan (Ms. STABENOW) were added As a result, I am introducing today The other would allow the SEC to as cosponsors of S. 3392, a bill to amend with my colleague, Senator CHUCK seek a civil penalty if an individual or the Securities Exchange Act of 1934, to GRASSLEY, the Stronger Enforcement entity has violated an existing federal require the disclosure of the total num- of Civil Penalties Act of 2012 or the court injunction or bar imposed by the ber of the domestic and foreign em- SEC Penalties Act. This bill will SEC. Many believe this approach would ployers of issuers. strengthen the ability of the SEC to be more efficient, effective, and flexi- S. 3394 crack down on violations of securities ble than the current civil contempt At the request of Mr. JOHNSON of laws by updating its civil penalties remedy. South Dakota, the names of the Sen- statute. This legislation will ensure Finally, under the SEC Penalties ator from Alaska (Mr. BEGICH), the that the punishment better fits the Act, the penalty relief available in ad- Senator from Illinois (Mr. KIRK), the crime by increasing the statutory lim- ministrative proceedings will be the Senator from New Jersey (Mr. MENEN- its on civil monetary penalties, di- same as it is in district court. In es- DEZ), and the Senator from Florida rectly linking the size of these pen- sence, the SEC will be able to assess (Mr. NELSON) were added as cosponsors alties to the scope of harm and associ- these types of penalties in-house, and of S. 3394, a bill to address fee disclo- ated investor losses, and substantially not just obtain them in federal court. sure requirements under the Electronic raising the financial stakes for repeat Given the JP Morgan trading scan- Fund Transfer Act, to amend the Fed- offenders of our nation’s securities dal, issues arising from the Facebook eral Deposit Insurance Act with re- laws. IPO, and the manipulation of LIBOR, it

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The (C) in subparagraph (C), by striking ‘‘great- (B) in subparagraph (B)— er of (i) $100,000 for a natural person or (i) by striking ‘‘$50,000’’ and inserting nearly one-half of all U.S. households $500,000 for any other person, or (ii) the gross that own securities deserve a strong ‘‘$100,000’’; and amount of pecuniary gain to such defendant (ii) by striking ‘‘$250,000’’ and inserting cop on the beat that has the tools it as a result of the violation’’ and inserting ‘‘$500,000’’; and needs to go after fraudsters and the dif- the following: ‘‘greater of— (C) by amending subparagraph (C) to read ficult cases arising from our increas- ‘‘(i) $1,000,000 for a natural person or as follows: ingly complex financial markets. Our $10,000,000 for any other person; ‘‘(C) THIRD TIER.—Notwithstanding sub- economy’s success depends in no small ‘‘(ii) 3 times the gross amount of pecuniary paragraphs (A) and (B), the amount of pen- part on restoring confidence in our cap- gain to such defendant as a result of the vio- alty for each such act or omission shall not lation; or exceed the greater of— ital markets. ‘‘(iii) the amount of losses incurred by vic- ‘‘(i) $1,000,000 for a natural person or The SEC Penalties Act will help by tims as a result of the violation’’. $10,000,000 for any other person; giving the SEC more tools to demand (b) SECURITIES EXCHANGE ACT OF 1934.— ‘‘(ii) 3 times the gross amount of pecuniary meaningful accountability from Wall (1) MONEY PENALTIES IN CIVIL ACTIONS.— Street. It will enhance the SEC’s abil- Section 21(d)(3)(B) of the Securities Ex- gain to the person who committed the act or change Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is omission; or ity to protect investors and crack down ‘‘(iii) the amount of losses incurred by vic- on fraud and I urge my colleagues to amended— (A) in clause (i)— tims as a result of the act or omission, if— cosponsor and join us in supporting (i) by striking ‘‘$5,000’’ and inserting ‘‘(I) the act or omission described in para- this important legislation. ‘‘$10,000’’; and graph (1) involved fraud, deceit, manipula- Mr. President, I ask unanimous con- (ii) by striking ‘‘$50,000’’ and inserting tion, or deliberate or reckless disregard of a sent that the text of the bill be printed ‘‘$100,000’’; regulatory requirement; and in the RECORD. (B) in clause (ii)— ‘‘(II) such act or omission directly or indi- There being no objection, the text of (i) by striking ‘‘$50,000’’ and inserting rectly resulted in substantial losses or cre- the bill was ordered to be printed in ‘‘$100,000’’; and ated a significant risk of substantial losses the RECORD, as follows: (ii) by striking ‘‘$250,000’’ and inserting to other persons or resulted in substantial ‘‘$500,000’’; and S. 3416 pecuniary gain to the person who committed (C) in clause (iii), by striking ‘‘greater of the act or omission.’’. Be it enacted by the Senate and House of Rep- (I) $100,000 for a natural person or $500,000 for (2) MONEY PENALTIES IN CIVIL ACTIONS.— resentatives of the United States of America in any other person, or (II) the gross amount of Section 42(e)(2) of the Investment Company Congress assembled, pecuniary gain to such defendant as a result Act of 1940 (15 U.S.C. 80a–41(e)(2)) is amend- SECTION 1. SHORT TITLE. of the violation’’ and inserting the following: ed— This Act may be cited as the ‘‘Stronger ‘‘greater of— (A) in subparagraph (A)— Enforcement of Civil Penalties Act of 2012’’. ‘‘(I) $1,000,000 for a natural person or (i) by striking ‘‘$5,000’’ and inserting SEC. 2. UPDATED CIVIL MONEY PENALTIES FOR $10,000,000 for any other person; ‘‘$10,000’’; and SECURITIES LAWS VIOLATIONS. ‘‘(II) 3 times the gross amount of pecuniary (ii) by striking ‘‘$50,000’’ and inserting (a) SECURITIES ACT OF 1933.— gain to such defendant as a result of the vio- ‘‘$100,000’’; (1) MONEY PENALTIES IN ADMINISTRATIVE AC- lation; or TIONS.—Section 8A(g)(2) of the Securities Act ‘‘(III) the amount of losses incurred by vic- (B) in subparagraph (B)— of 1933 (15 U.S.C. 77h–1(g)(2)) is amended— tims as a result of the violation’’. (i) by striking ‘‘$50,000’’ and inserting (A) in subparagraph (A)— (2) MONEY PENALTIES IN ADMINISTRATIVE AC- ‘‘$100,000’’; and (i) by striking ‘‘$7,500’’ and inserting TIONS.—Section 21B(b) of the Securities Ex- (ii) by striking ‘‘$250,000’’ and inserting ‘‘$10,000’’; and change Act of 1934 (15 U.S.C. 78u–2(b)) is ‘‘$500,000’’; and (ii) by striking ‘‘$75,000’’ and inserting amended— (C) in subparagraph (C), by striking ‘‘great- ‘‘$100,000’’; (A) in paragraph (1)— er of (i) $100,000 for a natural person or (B) in subparagraph (B)— (i) by striking ‘‘$5,000’’ and inserting $500,000 for any other person, or (ii) the gross (i) by striking ‘‘$75,000’’ and inserting ‘‘$10,000’’; and amount of pecuniary gain to such defendant ‘‘$100,000’’; and (ii) by striking ‘‘$50,000’’ and inserting as a result of the violation’’ and inserting (ii) by striking ‘‘$375,000’’ and inserting ‘‘$100,000’’; the following: ‘‘greater of— ‘‘$500,000’’; and (B) in paragraph (2)— ‘‘(i) $1,000,000 for a natural person or (C) by amending subparagraph (C) to read (i) by striking ‘‘$50,000’’ and inserting $10,000,000 for any other person; as follows: ‘‘$100,000’’; and ‘‘(ii) 3 times the gross amount of pecuniary ‘‘(C) THIRD TIER.—Notwithstanding sub- (ii) by striking ‘‘$250,000’’ and inserting gain to such defendant as a result of the vio- paragraphs (A) and (B), the amount of pen- ‘‘$500,000’’; and lation; or alty for each such act or omission shall not (C) by amending paragraph (3) to read as ‘‘(iii) the amount of losses incurred by vic- exceed the greater of— follows: tims as a result of the violation’’. ‘‘(i) $1,000,000 for a natural person or ‘‘(3) THIRD TIER.—Notwithstanding para- (d) INVESTMENT ADVISERS ACT OF 1940.— $10,000,000 for any other person; graphs (1) and (2), the amount of penalty for (1) MONEY PENALTIES IN ADMINISTRATIVE AC- ‘‘(ii) 3 times the gross amount of pecuniary each such act or omission shall not exceed TIONS.—Section 203(i)(2) of the Investment gain to the person who committed the act or the greater of— Advisers Act of 1940 (15 U.S.C. 80b–3(i)(2)) is omission; or ‘‘(A) $1,000,000 for a natural person or amended— ‘‘(iii) the amount of losses incurred by vic- $10,000,000 for any other person; tims as a result of the act or omission, if— ‘‘(B) 3 times the gross amount of pecuniary (A) in subparagraph (A)— ‘‘(I) the act or omission described in para- gain to the person who committed the act or (i) by striking ‘‘$5,000’’ and inserting graph (1) involved fraud, deceit, manipula- omission; or ‘‘$10,000’’; and tion, or deliberate or reckless disregard of a ‘‘(C) the amount of losses incurred by vic- (ii) by striking ‘‘$50,000’’ and inserting regulatory requirement; and tims as a result of the act or omission, if— ‘‘$100,000’’; ‘‘(II) such act or omission directly or indi- ‘‘(i) the act or omission described in sub- (B) in subparagraph (B)— rectly resulted in— section (a) involved fraud, deceit, manipula- (i) by striking ‘‘$50,000’’ and inserting ‘‘(aa) substantial losses or created a sig- tion, or deliberate or reckless disregard of a ‘‘$100,000’’; and nificant risk of substantial losses to other regulatory requirement; and (ii) by striking ‘‘$250,000’’ and inserting persons; or ‘‘(ii) such act or omission directly or indi- ‘‘$500,000’’; and ‘‘(bb) substantial pecuniary gain to the rectly resulted in substantial losses or cre- (C) by amending subparagraph (C) to read person who committed the act or omission.’’. ated a significant risk of substantial losses as follows: (2) MONEY PENALTIES IN CIVIL ACTIONS.— to other persons or resulted in substantial ‘‘(C) THIRD TIER.—Notwithstanding sub- Section 20(d)(2) of the Securities Act of 1933 pecuniary gain to the person who committed paragraphs (A) and (B), the amount of pen- (15 U.S.C. 77t(d)(2)) is amended— the act or omission.’’. alty for each such act or omission shall not (A) in subparagraph (A)— (c) INVESTMENT COMPANY ACT OF 1940.— exceed the greater of— (i) by striking ‘‘$5,000’’ and inserting (1) MONEY PENALTIES IN ADMINISTRATIVE AC- ‘‘(i) $1,000,000 for a natural person or ‘‘$10,000’’; and TIONS.—Section 9(d)(2) of the Investment $10,000,000 for any other person; (ii) by striking ‘‘$50,000’’ and inserting Company Act of 1940 (15 U.S.C. 80a–9(d)(2)) is ‘‘(ii) 3 times the gross amount of pecuniary ‘‘$100,000’’; amended— gain to the person who committed the act or (B) in subparagraph (B)— (A) in subparagraph (A)— omission; or (i) by striking ‘‘$50,000’’ and inserting (i) by striking ‘‘$5,000’’ and inserting ‘‘(iii) the amount of losses incurred by vic- ‘‘$100,000’’; and ‘‘$10,000’’; and tims as a result of the act or omission, if—

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‘‘(I) the act or omission described in para- (15 U.S.C. 78u–2(b)) is amended by adding at ‘‘(4) SPECIAL PROVISIONS RELATING TO A VIO- graph (1) involved fraud, deceit, manipula- the end the following: LATION OF AN INJUNCTION OR CERTAIN OR- tion, or deliberate or reckless disregard of a ‘‘(4) FOURTH TIER.—Notwithstanding para- DERS.— regulatory requirement; and graphs (1), (2), and (3), the maximum amount ‘‘(A) IN GENERAL.—Each separate violation ‘‘(II) such act or omission directly or indi- of penalty for each such act or omission of an injunction or order described in sub- rectly resulted in substantial losses or cre- shall be 3 times the otherwise applicable paragraph (B) shall be a separate offense, ex- ated a significant risk of substantial losses amount in such paragraphs if, within the 5- cept that in the case of a violation through to other persons or resulted in substantial year period preceding such act or omission, a continuing failure to comply with such in- pecuniary gain to the person who committed the person who committed the act or omis- junction or order, each day of the failure to the act or omission.’’. sion was criminally convicted for securities comply with the injunction or order shall be (2) MONEY PENALTIES IN CIVIL ACTIONS.— fraud or became subject to a judgment or deemed a separate offense. Section 209(e)(2) of the Investment Advisers order imposing monetary, equitable, or ad- ‘‘(B) INJUNCTIONS AND ORDERS.—Subpara- Act of 1940 (15 U.S.C. 80b–9(e)(2)) is amend- ministrative relief in any Commission action graph (A) shall apply with respect to any ac- ed— alleging fraud by that person.’’. tion to enforce— (A) in subparagraph (A)— (c) INVESTMENT COMPANY ACT OF 1940.— ‘‘(i) a Federal court injunction obtained (i) by striking ‘‘$5,000’’ and inserting (1) INELIGIBILITY OF CERTAIN UNDERWRITERS pursuant to this title; ‘‘$10,000’’; and AND AFFILIATES.—Section 9(d)(2) of the In- ‘‘(ii) an order entered or obtained by the (ii) by striking ‘‘$50,000’’ and inserting vestment Company Act of 1940 (15 U.S.C. 80a– Commission pursuant to this title that bars, ‘‘$100,000’’; 9(d)(2)) is amended by adding at the end the suspends, places limitations on the activities (B) in subparagraph (B)— following: or functions of, or prohibits the activities of, (i) by striking ‘‘$50,000’’ and inserting ‘‘(D) FOURTH TIER.—Notwithstanding sub- a person; or ‘‘$100,000’’; and paragraphs (A), (B), and (C), the maximum ‘‘(iii) a cease-and-desist order entered by (ii) by striking ‘‘$250,000’’ and inserting amount of penalty for each such act or omis- the Commission pursuant to section 8A.’’. ‘‘$500,000’’; and sion shall be 3 times the otherwise applicable (b) SECURITIES EXCHANGE ACT OF 1934.— amount in such subparagraphs if, within the (C) in subparagraph (C), by striking ‘‘great- Section 21(d)(3) of the Securities Exchange 5-year period preceding such act or omission, er of (i) $100,000 for a natural person or Act of 1934 (15 U.S.C. 78u(d)(3)) is amended— $500,000 for any other person, or (ii) the gross the person who committed the act or omis- (1) in subparagraph (A), by inserting after amount of pecuniary gain to such defendant sion was criminally convicted for securities ‘‘the rules or regulations thereunder,’’ the as a result of the violation’’ and inserting fraud or became subject to a judgment or following: ‘‘a Federal court injunction or a the following: ‘‘greater of— order imposing monetary, equitable, or ad- bar obtained or entered by the Commission ‘‘(i) $1,000,000 for a natural person or ministrative relief in any Commission action under this title,’’; and $10,000,000 for any other person; alleging fraud by that person.’’. (2) by amending subparagraph (D) to read ‘‘(ii) 3 times the gross amount of pecuniary (2) ENFORCEMENT.—Section 42(e)(2) of the as follows: gain to such defendant as a result of the vio- Investment Company Act of 1940 (15 U.S.C. ‘‘(D) SPECIAL PROVISIONS RELATING TO A lation; or 80a–41(e)(2)) is amended by adding at the end VIOLATION OF AN INJUNCTION OR CERTAIN OR- ‘‘(iii) the amount of losses incurred by vic- the following: DERS.— tims as a result of the violation’’. ‘‘(D) FOURTH TIER.—Notwithstanding sub- ‘‘(i) IN GENERAL.—Each separate violation SEC. 3. PENALTIES FOR RECIDIVISTS. paragraphs (A), (B), and (C), the maximum of an injunction or order described in clause (a) SECURITIES ACT OF 1933.— amount of penalty for each such violation (ii) shall be a separate offense, except that in (1) CEASE-AND-DESIST PROCEEDINGS.—Sec- shall be 3 times the otherwise applicable the case of a violation through a continuing tion 8A(g)(2) of the Securities Act of 1933 (15 amount in such subparagraphs if, within the U.S.C. 77h–1(g)(2)) is amended by adding at 5-year period preceding such violation, the failure to comply with such injunction or the end the following: defendant was criminally convicted for secu- order, each day of the failure to comply with the injunction or order shall be deemed a ‘‘(D) FOURTH TIER.—Notwithstanding sub- rities fraud or became subject to a judgment paragraphs (A), (B), and (C), the maximum or order imposing monetary, equitable, or separate offense. amount of penalty for each such act or omis- administrative relief in any Commission ac- ‘‘(ii) INJUNCTIONS AND ORDERS.—Clause (i) sion shall be 3 times the otherwise applicable tion alleging fraud by that defendant.’’. shall apply with respect to an action to en- amount in such subparagraphs if, within the (d) INVESTMENT ADVISERS ACT OF 1940.—The force— 5-year period preceding such act or omission, Investment Advisers Act of 1940 (15 U.S.C. ‘‘(I) a Federal court injunction obtained the person who committed the act or omis- 80b–1 et seq.) is amended— pursuant to this title; sion was criminally convicted for securities (1) in section 203(i)(2) (15 U.S.C. 80b–3(i)(2)), ‘‘(II) an order entered or obtained by the fraud or became subject to a judgment or by adding at the end the following: Commission pursuant to this title that bars, order imposing monetary, equitable, or ad- ‘‘(D) FOURTH TIER.—Notwithstanding sub- suspends, places limitations on the activities ministrative relief in any Commission action paragraphs (A), (B), and (C), the maximum or functions of, or prohibits the activities of, alleging fraud by that person.’’. amount of penalty for each such act or omis- a person; or (2) INJUNCTIONS AND PROSECUTION OF OF- sion shall be 3 times the otherwise applicable ‘‘(III) a cease-and-desist order entered by FENSES.—Section 20(d)(2) of the Securities amount in such subparagraphs if, within the the Commission pursuant to section 21C.’’. Act of 1933 (15 U.S.C. 77t(d)(2)) is amended by 5-year period preceding such act or omission, (c) INVESTMENT COMPANY ACT OF 1940.—Sec- adding at the end the following: the person who committed the act or omis- tion 42(e) of the Investment Company Act of ‘‘(D) FOURTH TIER.—Notwithstanding sub- sion was criminally convicted for securities 1940 (15 U.S.C. 80a–41(e)) is amended— paragraphs (A), (B), and (C), the maximum fraud or became subject to a judgment or (1) in paragraph (1), by inserting after ‘‘the amount of penalty for each such violation order imposing monetary, equitable, or ad- rules or regulations thereunder,’’ the fol- shall be 3 times the otherwise applicable ministrative relief in any Commission action lowing: ‘‘a Federal court injunction or a bar amount in such subparagraphs if, within the alleging fraud by that person.’’; and obtained or entered by the Commission 5-year period preceding such violation, the (2) in section 209(e)(2) (15 U.S.C. 80b–9(e)(2)) under this title,’’; and defendant was criminally convicted for secu- by adding at the end the following: (2) by amending paragraph (4) to read as rities fraud or became subject to a judgment ‘‘(D) FOURTH TIER.—Notwithstanding sub- follows: or order imposing monetary, equitable, or paragraphs (A), (B), and (C), the maximum ‘‘(4) SPECIAL PROVISIONS RELATING TO A VIO- administrative relief in any Commission ac- amount of penalty for each such violation LATION OF AN INJUNCTION OR CERTAIN OR- tion alleging fraud by that defendant.’’. shall be 3 times the otherwise applicable DERS.— (b) SECURITIES EXCHANGE ACT OF 1934.— amount in such subparagraphs if, within the ‘‘(A) IN GENERAL.—Each separate violation (1) CIVIL ACTIONS.—Section 21(d)(3)(B) of 5-year period preceding such violation, the of an injunction or order described in sub- the Securities Exchange Act of 1934 (15 defendant was criminally convicted for secu- paragraph (B) shall be a separate offense, ex- U.S.C. 78u(d)(3)(B)) is amended by adding at rities fraud or became subject to a judgment cept that in the case of a violation through the end the following: or order imposing monetary, equitable, or a continuing failure to comply with such in- ‘‘(iv) FOURTH TIER.—Notwithstanding administrative relief in any Commission ac- junction or order, each day of the failure to clauses (i), (ii), and (iii), the maximum tion alleging fraud by that defendant.’’. comply with the injunction or order shall be amount of penalty for each such violation SEC. 4. VIOLATIONS OF INJUNCTIONS AND BARS. deemed a separate offense. shall be 3 times the otherwise applicable (a) SECURITIES ACT OF 1933.—Section 20(d) ‘‘(B) INJUNCTIONS AND ORDERS.—Subpara- amount in such clauses if, within the 5-year of the Securities Act of 1933 (15 U.S.C. 77t(d)) graph (A) shall apply with respect to any ac- period preceding such violation, the defend- is amended— tion to enforce— ant was criminally convicted for securities (1) in paragraph (1), by inserting after ‘‘the ‘‘(i) a Federal court injunction obtained fraud or became subject to a judgment or rules or regulations thereunder,’’ the fol- pursuant to this title; order imposing monetary, equitable, or ad- lowing: ‘‘a Federal court injunction or a bar ‘‘(ii) an order entered or obtained by the ministrative relief in any Commission action obtained or entered by the Commission Commission pursuant to this title that bars, alleging fraud by that defendant.’’. under this title,’’; and suspends, places limitations on the activities (2) ADMINISTRATIVE PROCEEDINGS.—Section (2) by amending paragraph (4) to read as or functions of, or prohibits the activities of, 21B(b) of the Securities Exchange Act of 1934 follows: a person; or

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.014 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5262 CONGRESSIONAL RECORD — SENATE July 23, 2012 ‘‘(iii) a cease-and-desist order entered by In civilian medical training courses, Wood, and Pawcatuck Rivers in the the Commission pursuant to section 9(f).’’. which teach many of the same proce- States of Connecticut and Rhode Island (d) INVESTMENT ADVISERS ACT OF 1940.— dures as the military, simulators have for study for potential addition to the Section 209(e) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–9(e)) is amended— almost universally replaced the use of National Wild and Scenic Rivers Sys- (1) in paragraph (1), by inserting after ‘‘the live animals. The reason for this is tem, and for other purposes; to the rules or regulations thereunder,’’ the fol- simple; to learn how to treat human in- Committee on Energy and Natural Re- lowing: ‘‘a federal court injunction or a bar juries, you must learn on human anat- sources. obtained or entered by the Commission omy. Medical simulation can now rep- Mr. REED. Mr. President, today I am under this title,’’; and licate that anatomy while providing introducing, along with my colleagues (2) by amending paragraph (4) to read as the emotional and psychological pres- from Rhode Island and Connecticut, follows: sure of working on a living, wounded Senators WHITEHOUSE and LIEBERMAN, ‘‘(4) SPECIAL PROVISIONS RELATING TO A VIO- legislation to authorize the National LATION OF AN INJUNCTION OR CERTAIN OR- soldier. DERS.— Let me say that I applaud the invest- Park Service to study specific sections ‘‘(A) IN GENERAL.—Each separate violation ments that the Department of Defense of the Beaver, Chipuxet, Queen, Wood, of an injunction or order described in sub- has made in the area of simulation. No and Pawcatuck Rivers in Rhode Island paragraph (B) shall be a separate offense, ex- one has invested more in simulation and Connecticut for potential addition cept that in the case of a violation through technology than the Military. But the to the National Wild and Scenic Rivers a continuing failure to comply with such in- problem that I see is that despite mil- System. Our legislation seeks to bring junction or order, each day of the failure to lions of dollars in investments, simu- greater attention to and resources for comply with the injunction or order shall be deemed a separate offense. lator technology is not being fully uti- efforts to protect and restore the ‘‘(B) INJUNCTIONS AND ORDERS.—Subpara- lized. health of these rivers through the eval- graph (A) shall apply with respect to any ac- Speaking of costs, in addition to pro- uation of their recreational, natural, tion to enforce— viding superior training and reducing and historical qualities and whether ‘‘(i) a Federal court injunction obtained animal suffering, a move away from they are suitable for designation as pursuant to this title; live tissue training would save tax- Wild and Scenic Rivers. ‘‘(ii) an order entered or obtained by the payer dollars. Due to the many hidden The recreational and scenic wealth of Commission pursuant to this title that bars, costs of animal use, such as housing the Wood-Pawcatuck watershed is a suspends, places limitations on the activities natural treasure. The National Park or functions of, or prohibits the activities of, and feeding the animals, purchasing a person; or drugs for euthanasia and anesthesia, Service’s Rivers and Trails Conserva- ‘‘(iii) a cease-and-desist order entered by and keeping a veterinarian on staff, tion Assistance program conducted a the Commission pursuant to section 203(k).’’. simulation can offer a better training planning and conservation study in the experience at a lower cost. 1980s which concluded, in part, that the By Mr. WYDEN: But at the end of the day this is waters of the Wood and Pawcatuck S. 3418. A bill to amend title 10, about providing the best possible train- Rivers corridor in Rhode Island ‘‘are United States Code, to require the Sec- ing for our troops, because in military the cleanest and purest and its rec- retary of Defense to use only human- medicine the difference between the reational opportunities are unparal- based methods for training members of best training and the next best can lit- leled by any other river system in the the Armed Forces in the treatment of erally mean the difference between life state.’’ severe combat injuries; to the Com- and death. These rivers also provide opportuni- mittee on Armed Services. For these reasons I introduced today ties for outdoor recreation and tourism Mr. WYDEN. Mr. President, I rise the Battlefield Excellence through Su- that contribute to the local economy. today to discuss military medical perior Training Practices, or BEST Not only do its rivers provide easy ac- training, and specifically, the use of Practices Act. This legislation lays out cess to the wilderness for family out- live animals in trauma training. ings and school field trips, but they Many Americans may be unaware a timeline for the Department of De- also offer ways to explore our heritage that the Military still uses live pigs fense to develop and fully implement throughout the watershed, from Native and goats in combat trauma training innovative simulator technology in courses to train military personnel to medical training, and to phase out live American fishing grounds to Colonial treat battlefield injuries. This is an tissue training on animals in the proc- and early industrial mill ruins. The outdated and inefficient training meth- ess. rivers also provide opportunities for od that does not fully prepare doctors I want to note that I designed this trout fishing, canoeing, bird watching, and medics to treat wounded service legislation with a specific waiver au- and hiking. members. thority for the Secretary of Defense, so I have long supported the protection For many years, medical simulation that if there is a specific procedure and restoration of Southern New Eng- has not been able to provide a training that can only be best taught with live land’s watersheds and estuaries, in- experience superior to animal-based tissue use, that option is not removed. cluding the Narragansett Bay, and this live tissue training, but the newest But the BEST Practices Act is pri- study is an important first step in de- generation of simulators can do just marily designed to engage the Pen- termining future opportunities for pro- that. These simulators are based on tagon to embrace this technology, con- tection and recreational enjoyment of human anatomy and recreate the feel- tinue further development, and incor- the rivers in the Wood-Pawcatuck wa- ing, the sights, and the sounds of treat- porate this technology in military tershed. Our states have been excellent ing a wounded service member. training in all cases where simulators stewards of these rivers, and this study In current military training, live pigs provide the best result. would enhance existing local and State and goats are anesthetized while train- Just as we have seen with other tech- efforts to preserve and manage this ees perform critical procedures on nologies, the advancements in medical open space and its wildlife habitat. them. In some cases, the animals are simulation are increasing at an expo- Indeed, partnerships are key to broad shot in the face or have limbs ampu- nential rate. The capabilities currently restoration and management of our re- tated while the trainees are instructed in place and under development are sources, and it is expected that this to keep them alive as long as possible. truly amazing. The BEST Practices study would be conducted in close co- This is inhumane, but more impor- Act capitalizes on these present and fu- operation with the affected commu- tantly, it is like comparing apples and ture capabilities, and uses them to save nities, state agencies, local govern- oranges—this does not teach service the lives of our service members. ments, and other interested organiza- members how to treat a human soldier, tions. The partnership-based approach only how to operate on a goat or pig. By Mr. REED (for himself, Mr. also allows for development of a pro- And while live tissue training has some LIEBERMAN, and Mr. WHITE- posed river management plan as part of value in getting trainees accustomed HOUSE): the study, which could address issues to the sight of blood, medical simula- S. 3423. A bill to amend the Wild and ranging from fish passage to the res- tion can now do the same, and has be- Scenic Rivers Act to designate a seg- toration of wetlands to assist with come the new gold standard. ment of the Beaver, Chipuxet, Queen, flood mitigation, as well as balance the

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.014 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 23, 2012 CONGRESSIONAL RECORD — SENATE S5263 recreational opportunities that con- Whereas, in the declaration on the conduct AMENDMENTS SUBMITTED AND tribute to the local economies with of parties in the South China Sea, the gov- PROPOSED preservation of the natural resources. ernments of the member states of ASEAN and the Government of the People’s Republic SA 2567. Mr. DEMINT submitted an amend- This is a two State initiative that ment intended to be proposed by him to the will encompass both Rhode Island and of China have affirmed ‘‘that the adoption of a code of conduct in the South China Sea bill S. 3364, to provide an incentive for busi- Connecticut, and will help protect nesses to bring jobs back to America; which would further promote peace and stability in was ordered to lie on the table. these resources for future generations the region’’ and have agreed to work towards to enjoy. the attainment of a code of conduct; f I commend Representatives LAN- Whereas, pending the peaceful settlement TEXT OF AMENDMENTS GEVIN and COURTNEY for spearheading of territorial and jurisdictional disputes, the this effort in the other body, and I look member states of ASEAN and the People’s SA 2567. Mr. DEMINT submitted an forward to working with all of my col- Republic of China have committed to ‘‘exer- amendment intended to be proposed by leagues to initiate the process to study cise self-restraint in the conduct of activi- him to the bill S. 3364, to provide an in- the rivers of the Wood-Pawcatuck Wa- ties that would complicate or escalate dis- centive for businesses to bring jobs tershed for inclusion in the National putes and stability, including, among others, back to America; which was ordered to Wild and Scenic Rivers System. refraining from action of inhabiting pres- lie on the table; as follows: ently uninhabited islands, reefs, shoals, and f At the appropriate place, insert the fol- other features and to handle their differences lowing: in a constructive manner’’; SUBMITTED RESOLUTIONS SEC. ll. RIGHT TO WORK. Whereas, pending the peaceful settlement (a) AMENDMENTS TO THE NATIONAL LABOR of territorial and jurisdictional disputes, the RELATIONS ACT.— member states of ASEAN and the People’s SENATE RESOLUTION 524—RE- (1) RIGHTS OF EMPLOYEES.—Section 7 of the Republic of China affirmed their commit- AFFIRMING THE STRONG SUP- National Labor Relations Act (29 U.S.C. 157) PORT OF THE UNITED STATES ment ‘‘to the freedom of navigation in and is amended by striking ‘‘except to’’ and all FOR THE 2002 DECLARATION OF overflight of the South China Sea provided that follows through ‘‘authorized in section CONDUCT OF PARTIES IN THE for by the universally recognized principles 8(a)(3)’’. of international law, including the 1982 UN SOUTH CHINA SEA AMONG THE (2) UNFAIR LABOR PRACTICES.—Section 8 of Convention on the Law of the Sea’’; and the National Labor Relations Act (29 U.S.C. MEMBER STATES OF ASEAN AND Whereas, although not a party to these dis- THE PEOPLE’S REPUBLIC OF 158) is amended— putes, the United States has national inter- (A) in subsection (a)(3), by striking ‘‘: Pro- CHINA, AND FOR OTHER PUR- ests in freedom of navigation, the mainte- vided, That’’ and all that follows through POSES nance of peace and stability, respect for ‘‘retaining membership’’; Mr. KERRY (for himself, Mr. LUGAR, international law, and unimpeded lawful (B) in subsection (b)— commerce: Now, therefore, be it Mr. WEBB, Mr. INHOFE, Mr. LIEBERMAN, (i) in paragraph (2), by striking ‘‘or to dis- criminate’’ and all that follows through ‘‘re- and Mr. MCCAIN) submitted the fol- Resolved, That the Senate— taining membership’’; and lowing resolution; which was referred (1) reaffirms the strong support of the United States for the 2002 declaration of con- (ii) in paragraph (5), by striking ‘‘covered to the Committee on Foreign Rela- by an agreement authorized under sub- tions: duct of parties in the South China Sea among the member states of ASEAN and the section (a)(3) of this section’’; and S. RES. 524 People’s Republic of China; (C) in subsection (f), by striking clause (2) Whereas the Association of Southeast (2) supports the member states of ASEAN, and redesignating clauses (3) and (4) as Asian Nations (ASEAN) plays a key role in and the Government of the People’s Republic clauses (2) and (3), respectively. (b) AMENDMENT TO THE RAILWAY LABOR strengthening and contributing to peace, of China, as they seek to adopt a legally- ACT.—Section 2 of the Railway Labor Act (45 stability, and prosperity in the Asia-Pacific binding code of conduct of parties in the U.S.C. 152) is amended by striking paragraph region; South China Sea, and urges all countries to Eleven. Whereas the vision of the ASEAN Leaders substantively support ASEAN in its efforts in their goals set out in the ASEAN Charter in this regard; f to integrate ASEAN economically, politi- (3) strongly urges that, pending adoption of NOTICES OF HEARINGS cally, and culturally furthers regional peace, a code of conduct, all parties, consistent stability, and prosperity; with commitments under the declaration of COMMITTEE ON INDIAN AFFAIRS Whereas the United States Government conduct, ‘‘exercise self-restraint in the con- Mr. AKAKA. Mr. President, I would recognizes the importance of a strong, cohe- duct of activities that would complicate or like to announce that the Committee sive, and integrated ASEAN as a foundation escalate disputes and stability, including, on Indian Affairs will meet during the for effective regional frameworks to promote among others, refraining from action of in- peace and security and economic growth and session of the Senate on July 26, 2012, habiting presently uninhabited islands, reefs, to ensure that the Asia-Pacific community in room SD–628 of the Dirksen Senate shoals and other features and to handle their develops according to rules and norms agreed Office Building, at 2:15 p.m., to conduct differences in a constructive manner’’; upon by all of its members; a hearing entitled ‘‘Regulation of Trib- Whereas the United States is enhancing (4) supports a collaborative diplomatic process by all claimants for resolving out- al Gaming: From Brick & Mortar to political, security and economic cooperation the Internet.’’ in Southeast Asia through ASEAN, and standing territorial and jurisdictional dis- putes, allowing parties to peacefully settle Those wishing additional information seeks to continue to enhance its role in part- may contact the Indian Affairs Com- nership with ASEAN and others in the region claims and disputes using international law; in addressing transnational issues ranging (5) reaffirms the United States commit- mittee at (202) 224–2251. from climate change to maritime security; ment— COMMITTEE ON ENERGY AND NATURAL Whereas the United States Government (A) to assist the nations of Southeast Asia RESOURCES welcomes the development of a peaceful and to remain strong and independent; Mr. BINGAMAN. Mr. President, I prosperous China which respects inter- (B) to help ensure each nation enjoys peace would like to announce for the infor- national norms, international laws, inter- and stability; mation of the Senate and the public (C) to broaden and deepen economic, polit- national institutions, and international that a hearing has been scheduled be- rules, and enhances security and peace, and ical, diplomatic, security, social, and cul- seeks to advance a ‘‘cooperative partner- tural partnership with ASEAN and its mem- fore the Committee on Energy and Nat- ship’’ between the United States and China; ber states; and ural Resources. The hearing will be Whereas ASEAN plays an important role, (D) to promote the institutions of emerg- held on Tuesday, July 31, 2012, at 10 in partnership with others in the regional ing regional architecture and prosperity; and a.m., in room SD–366 of the Dirksen and international community, in addressing (6) supports enhanced operations by the Senate Office Building. maritime security issues in the Asia-Pacific United States armed forces in the Western The purpose of the hearing is to re- region and into the Indian Ocean, including Pacific, including in the South China Sea, ceive testimony on S. 3385, a bill to au- open access to the maritime commons of including in partnership with the armed thorize the Secretary of the Interior to forces of others countries in the region, in Asia; use designated funding to pay for con- Whereas the South China Sea is a vital support of freedom of navigation, the main- part of the maritime commons of Asia, in- tenance of peace and stability, respect for struction of authorized rural water cluding critical sea lanes of communication international law, including the peaceful res- projects, and for other purposes. and commerce between the Pacific and In- olution of issues of sovereignty, and Because of the limited time available dian oceans; unimpeded lawful commerce. for the hearing, witnesses may testify

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.016 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5264 CONGRESSIONAL RECORD — SENATE July 23, 2012 by invitation only. However, those A bill (S. 3420) to permanently extend the and controlled between the two leaders wishing to submit written testimony 2001 and 2003 tax cuts, to provide for perma- or their designees, with the majority for the hearing record should send it to nent alternative minimum tax relief, and to controlling the first half and the Re- the Committee on Energy and Natural repeal the estate and generation-skipping publicans controlling the final half; transfer taxes, and for other purposes. Resources, United States Senate, 304 further, that the Senate recess from Dirksen Senate Office Building, Wash- Mr. CONRAD. I now ask for a second 12:30 p.m. until 2:15 p.m. to allow for ington, DC 20510–6150, or by email to reading, and in order to place the bill the weekly conference meetings; fi- [email protected]. on the calendar under the provisions of nally, that at 3:40 p.m., the Senate ob- For further information, please con- rule XIV, I object to my own request. serve a moment of silence in memory tact Patricia Beneke (202) 224–5451 or The PRESIDING OFFICER. Objec- of Officer Jacob J. Chestnut and Detec- John Assini (202) 224–9313. tion having been heard, the bill will be tive John M. Gibson of the U.S. Capitol read for a second time on the next leg- f Police, who were killed 14 years ago in islative day. the line of duty defending this Capitol, MEASURES PLACED ON THE f the people who work here, and its visi- CALENDAR—S. 3414 AND H.R. 5872 APPOINTMENTS tors against an armed intruder. Mr. CONRAD. Madam President, I The PRESIDING OFFICER. Without understand there are two bills at the THE PRESIDING OFFICER. The objection, it is so ordered. desk due for a second reading. Chair, on behalf of the majority leader The PRESIDING OFFICER. The and the Republican leader, pursuant to f the Public Law 110–298, reappoints the clerk will read the bills by title for the PROGRAM second time. following individual to serve as a mem- The legislative clerk read as follows: ber of the Federal Law Enforcement Mr. CONRAD. Madam President, Congressional Badge of Bravery Board: A bill (S. 3414) to enhance the security and today the majority leader filed cloture resiliency of the cyber and communications Richard Gardner of Nevada. on the motion to proceed to S. 3412, the infrastructure of the United States. THE PRESIDING OFFICER. The Middle Class Tax Cut Act. If no agree- An act (H.R. 5872) to require the President Chair, on behalf of the majority leader ment is reached, that vote will be on to provide a report detailing the sequester and the Republican leader, pursuant to Wednesday. required by the Budget Control Act of 2011 on the Public Law 110–298, appoints the January 2, 2013. following individual to serve as a mem- f Mr. CONRAD. On behalf of the major- ber of the State and Local Law En- ADJOURNMENT UNTIL 10 A.M. ity leader, I object to any further pro- forcement Congressional Badge of TOMORROW ceedings with respect to these bills en Bravery Board: Mike Hettich of Ken- bloc. tucky, vice Nick DiMarco of Ohio. Mr. CONRAD. If there is no further business to come before the Senate, I The PRESIDING OFFICER. Objec- f tion having been heard, the bills will be ask unanimous consent that it adjourn placed on the calendar. ORDERS FOR TUESDAY, JULY 24, under the previous order. 2012 There being no objection, the Senate, f Mr. CONRAD. I ask unanimous con- at 6:20 p.m., adjourned until Tuesday, MEASURE READ THE FIRST sent that when the Senate completes July 24, 2012, at 10 a.m. TIME—S. 3420 its business today, it adjourn until 10 f Mr. CONRAD. Madam President, I a.m. on Tuesday, July 24; that fol- understand there is a bill at the desk lowing the prayer and pledge, the Jour- CONFIRMATION and I ask for its first reading. nal of proceedings be approved to date, Executive nomination confirmed by The PRESIDING OFFICER. The the morning hour be deemed expired, the Senate July 23, 2012: clerk will read the bill by title for the and the time for the two leaders be re- first time. served for their use later in the day; THE JUDICIARY The assistant legislative clerk read that the majority leader be recognized; MICHAEL A. SHIPP, OF NEW JERSEY, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW as follows: that the first hour be equally divided JERSEY.

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 9801 E:\CR\FM\A23JY6.021 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE