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, TUESDAY, FEBRUARY 7, 2012 No. 20 Senate The Senate met at 10 a.m. and was appoint the Honorable RICHARD vada is 400 percent of the national av- called to order by the Honorable RICH- BLUMENTHAL, a Senator from the State of erage. ARD BLUMENTHAL, a Senator from the Connecticut, to perform the duties of the Behind those statistics are people. State of Connecticut. Chair. Whether it is Nevada, Arizona, Florida, DANIEL K. INOUYE, President pro tempore. Michigan, or anyplace else in the coun- PRAYER try, statistics are people—families who Mr. BLUMENTHAL thereupon as- The Chaplain, Dr. Barry C. Black, of- bought homes where they could raise sumed the chair as Acting President their families and enjoy life. Many Ne- fered the following prayer: pro tempore. Let us pray. vadans, like other Americans who Gracious God, from whom comes f worked hard, saved money and shopped every good and perfect gift, we turn RECOGNITION OF THE MAJORITY responsibly, are now so far under water our hearts to You, our refuge and LEADER they can’t see a way out. strength. Lord, lead our Senators So who is responsible? There is plen- The ACTING PRESIDENT pro tem- today in the ways of peace. Plant peace ty of blame to go around. Brokers sold pore. The majority leader is recog- in their hearts, freeing them from self- loans that could never be repaid, buy- nized. ishness and enmity and strengthening ers bought houses they couldn’t afford, them with generosity and kindness. f and banks bought bad loans to sell to investors. Regardless of who is at fault, Bring peace to our world so the weap- SCHEDULE ons of destruction will become tools of millions of homeowners who did every- construction and people will experience Mr. REID. Mr. President, following thing right are still on the hook for a a shared destiny of hope and pros- leader remarks, the Senate will be in a financial crisis they didn’t cause. Many perity. In a special way, bless the mem- period of morning business until 12:30 of them have never missed a payment. bers of our Armed Forces and their p.m. Republicans will control the first Unlike some Republicans, I don’t be- families. Sustain them with Your ever- 30 minutes, the majority the final 30 lieve the answer is to throw up our lasting arms. minutes. hands and do nothing. Homeowners We pray in Your merciful Name. The Senate will recess from 12:30 who have watched their equity evapo- Amen. until 2:15 p.m. for our weekly caucus rate don’t have time to watch the mar- meetings. ket hit rock bottom, as one Republican f We hope to begin consideration of a candidate suggested. The President and PLEDGE OF ALLEGIANCE number of matters, including the sur- Congress have taken action to ease this face transportation bill, during today’s crisis. Not everything we have done to The Honorable RICHARD BLUMENTHAL session. led the Pledge of Allegiance, as follows: ease the crisis has worked, but we need f to continue programs that are working I pledge allegiance to the Flag of the and fix the ones that aren’t. I support United States of America, and to the Repub- FORECLOSURE CRISIS lic for which it stands, one nation under God, the President’s efforts to reduce the indivisible, with liberty and justice for all. Mr. REID. Mr. President, in this hurdles to financing, and refinancing, country, owning a home means more for sure. Nearly 15 million Americans f than a roof over your head. It is the could benefit from refinancing their APPOINTMENT OF ACTING centerpiece of the American Dream. loans at today’s historically low inter- PRESIDENT PRO TEMPORE For many responsible Americans, the est rates. The PRESIDING OFFICER. The dream of home ownership has become a We must keep those who have lost clerk will please read a communication nightmare. When Wall Street greed their jobs from losing their homes as to the Senate from the President pro collapsed the economy in 2008, the well. This proposal will help them re- housing market also collapsed. That duce their monthly payments and save tempore (Mr. INOUYE). The legislative clerk read the fol- meant free-falling home prices and a thousands of dollars every year. And lowing letter: staggering number of foreclosures. for families who owe more than their No State in the Union was hit harder house is worth, it will help them re- U.S. SENATE, than Nevada, but California was hit ex- build the equity they lost because of PRESIDENT PRO TEMPORE, Washington, DC, February 7, 2012. tremely hard, Michigan, Arizona, and the collapse in the housing markets. To the Senate: Florida. But for 5 consecutive years, Redtape should no longer keep re- Under the provisions of rule I, paragraph 3, Nevada has led the Nation in fore- sponsible homeowners from refinancing of the Standing Rules of the Senate, I hereby closures. The foreclosure rate in Ne- their loans and restoring their futures.

∑ 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 23:52 Feb 07, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.000 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S362 CONGRESSIONAL RECORD — SENATE February 7, 2012 Redtape, I repeat, should no longer than in scoring a tax cut that millions Mr. MCCONNELL. Mr. President, I keep responsible homeowners from re- of middle-class Americans are counting suggest the absence of a quorum. financing their homes and restoring on. The ACTING PRESIDENT pro tem- their futures. When the majority leader of the Sen- pore. The clerk will call the roll. There are some who advocate a do- ate suddenly announces he is working The legislative clerk proceeded to nothing policy. There is nothing we on a proposal of his own to extend this call the roll. can do to help. They couldn’t be more tax cut, even as the conference com- The PRESIDING OFFICER (Mr. wrong. Here is one example. My Nevada mittee is in the midst of negotiating a MANCHIN). The Senator from Vermont. offices have posted several foreclosure bipartisan solution that everybody can Mr. LEAHY. Mr. President, I ask workshops. More than 2,000 people have support, I think it is pretty obvious that the order for the quorum call be taken the opportunity to sit down and where the problem lies. It is with the rescinded. face their lenders—often for the first Democratic majority and a President The PRESIDING OFFICER. Without time. Several thousand more have got- who we thought were elected to lead. objection, it is so ordered. ten help from caseworkers in my office. I think most Americans would expect Caseworkers and owners have worked that at a moment such as this, when a f together literally to save homes from solution to a pressing problem is JUDICIAL NOMINATIONS the auction block. I am hosting an- sought, the majority party bears the other workshop in Las Vegas this Sat- responsibility to find it. It is worth Mr. LEAHY. Mr. President, I see the urday. noting that in the House, the majority distinguished Senator from Oklahoma We can’t help everyone, but we must party did its work and passed a 1-year and I know he is waiting to go and I ap- do more to help those we can. It is time extension. Yet all we get from the preciate his courtesy that I might go for more Federal action. It is time to Democratic majority in the Senate are first. Let me speak in my capacity as give homeowners in every State the exaggerated claims, ad hominem at- chair of the Judiciary Committee. tools they need to hold on to their tacks, and false accusations aimed at Two weeks ago, when the Senate con- homes and to hold on to the American delaying a solution rather than achiev- firmed only 1 of the 19 judicial nomina- Dream. ing one. tions on which votes were delayed from last year, I urged Senate Republicans f So I would remind my friend the ma- jority leader that the particular piece to join with Democrats and take long RECOGNITION OF THE MINORITY of legislation he railed against yester- overdue steps to remedy the serious va- LEADER day as an effort to poison people has cancies crisis on Federal courts The ACTING PRESIDENT pro tem- broad bipartisan support, including 12 throughout the country. Nearly 1 out pore. The Republican leader is recog- Democratic cosponsors here in the Sen- of every 10 Federal judgeships is va- nized. ate—and rightly so in the midst of a cant. Nonetheless, Senate Republicans Mr. MCCONNELL. Mr. President, I jobs crisis. We should seize every op- refuse to consent to votes on consensus suggest the absence of a quorum. portunity we have to help job creators nominees who could fill many of those The ACTING PRESIDENT pro tem- at a time when more than 13 million vacancies without further delay. These pore. The clerk will call the roll. Americans are looking for work and are well-qualified judicial nominees The legislative clerk proceeded to can’t find it. who were reported unanimously by the call the roll. The only thing controversial about Judiciary Committee many months Mr. MCCONNELL. Mr. President, I this proposal—the only thing con- ago; there has been no explanation for ask unanimous consent that the order troversial about this proposal—is the the delay in their confirmation. During for the quorum call be rescinded. idea of opposing it. the last 2 months, Senate Republicans The ACTING PRESIDENT pro tem- I would also remind the majority have consented to votes on only 2 of pore. Without objection, it is so or- leader that the Federal pay freeze re- the 23 judicial nominees ready for final dered. ceived more than 300 votes in the Senate action. f House, and that he himself already Of the 19 judicial nominations now awaiting a final vote by the Senate, 16 PAYROLL TAX CUT agreed to spending cuts during negotia- tions this past fall that would cover were reported by the Judiciary Com- Mr. MCCONNELL. Mr. President, I the cost of extending this payroll tax mittee with the support of every Sen- want to make a couple of observations cut for the remainder of the year. ator on the Committee, Democratic this morning about the bipartisan sup- So let us allow the conferees to finish and Republican. No Senator can or port that exists for extending a payroll their work and get this payroll tax cut should have any reason to oppose these tax holiday. I will start with the obvi- extended for the rest of the year. That nominees in the Senate. But, month ous: Republicans strongly support ex- is what Republicans want. That is what after month and year after year, Sen- tending this tax cut for the rest of the the President says he wants. And there ate Republicans find new reasons and year. Americans have suffered long is no reason we shouldn’t be able to get new tactics to delay confirmation of enough as a result of this President’s this done. The Democratic majority of consensus judicial nominees for no economic policies. They do not need to the Senate should be leading that ef- good reason. I have never seen any- suffer more because of his failure to fort, not rooting for its failure. thing like this. These delays are a dis- turn the economy around 3 years into I yield the floor. service to the American people. They his administration. prevent the Senate from fulfilling its f But the fact is any solution requires constitutional duty. And they are dam- both sides to engage in good-faith ne- RESERVATION OF LEADER TIME aging to the ability of our Federal gotiations. When my friend, the major- The ACTING PRESIDENT pro tem- courts to provide justice to Americans ity leader of the Senate, comes to the pore. Under the previous order, the around the country. floor and says that Republicans in Con- leadership time is reserved. Regrettably, the last 2 weeks evi- gress are only willing to extend this f dences more of the same, a continu- tax cut if they are allowed to poison ation of the delaying tactics we have Americans’ drinking water, then I MORNING BUSINESS seen for years, as Senate Republicans think it is pretty safe to say it is time The ACTING PRESIDENT pro tem- continue their across-the-board ob- for fewer partisan attacks and more ef- pore. Under the previous order, the struction of President Obama’s judicial forts to finish the job. Senate will be in a period of morning nominations. For the second year in a When a tax hike that has been re- business until 12:30 p.m., with Senators row, Senate Republicans refused to jected repeatedly by Members of both permitted to speak therein for up to 10 consent to votes on judicial nomina- parties over the past year is the open- minutes each, with the time equally di- tions before the end of the Senate’s ses- ing bid in a negotiation, I think it is vided, the Republicans controlling the sion in December. At the end of 2011, safe to say that Democrats are more first 30 minutes, and the majority con- they again refused to follow Senate’s interested in scoring political points trolling the next 30 minutes. traditional, longstanding practice of

VerDate Mar 15 2010 23:52 Feb 07, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.001 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 7, 2012 CONGRESSIONAL RECORD — SENATE S363 voting to confirm consensus nomina- The cost of this across the board Re- these judicial nominations could and tions before the end of the Senate ses- publican obstruction is borne by the should have been considered by the sion, a practice followed by Democrats American people. More than half of all Senate last year. Indeed, when Repub- and Republicans with Presidents Americans, nearly 160 million, live in licans held up scores of nominees in Reagan, George H.W. Bush, Clinton and districts or circuits that have a judi- December, including these judicial George W. Bush. cial vacancy that could be filled today nominees, they did so to ‘‘punish’’ the Their tactics have worked, to the if Senate Republicans just agreed to administration for not assuring them detriment of the Federal courts and vote on the nominations that have that the President would not use his the American people. By nearly any been reported favorably by the Judici- recess appointment power. That delay, measure we are well behind where we ary Committee. It is wrong to delay now of more than 2 months, has al- should be. Three years into President votes on these qualified, consensus ju- ready taken a measure of revenge. Obama’s first term, the Senate has dicial nominees. The Senate should fill They continue to hurt the country by confirmed a lower percentage of Presi- these numerous, extended judicial va- engaging in more obstruction and dent Obama’s judicial nominees than cancies, not delay final action for no delay now to seek a double measure of those of any President in the last 35 good reason. retaliation. years. The Senate has confirmed just The result of the Senate Republicans’ Instead of exacerbating the conflict, over 70 percent of President Obama’s inaction is that the people of New Senate Republicans should reconsider circuit and district nominees, with York, California, West Virginia, Flor- their tactics and moderate their use of more than one in four not confirmed. ida, Nebraska, Missouri, Washington, filibusters and stalling. This President This is in stark contrast to the nearly Utah, the District of Columbia, Ne- has reached out to work with Senators 87 percent of President George W. vada, Louisiana, and Texas are without from both parties with respect to judi- Bush’s nominees who were confirmed, the judges they need. The result is that cial nominations. Every one of the 19 nearly nine out of every 10 nominees he judicial emergency vacancies in Flor- judicial nominations awaiting final sent to the Senate. ida, Utah, California, Nevada and We remain well behind the pace set Senate action has the support of his or Texas remain unfilled. her home State Senators, Republican by the Senate during President Bush’s Our courts need qualified Federal first term. By this date in President as well as Democratic. There is no ex- judges, not vacancies, if they are to re- Bush’s first term, the Senate had con- cuse for continued stalling of President duce the excessive wait times that bur- firmed 170 Federal circuit and district Obama’s consensus judicial nominees. den litigants seeking their day in court nominations on the way to 205, The courts and the country cannot af- court. It is unacceptable for hard- and had lowered judicial vacancies to ford another year of across the board working Americans who seek their day 46. By the time Americans went to the delays of President Obama’s judicial in Federal court to suffer unnecessary polls in November 2004, we had reduced nominations. I urge votes on Jesse delays. When an injured plaintiff sues vacancies to 28 nationwide, the lowest Furman for the Southern District of to help cover the cost of medical ex- level in the last 20 years. In contrast, New York, Cathy Bencivengo for the penses, that plaintiff should not have the Senate has confirmed only 125 of Southern District of California, Gina President Obama’s district and circuit to wait for 3 years before a judge hears Groh for the Northern District of West nominees, and judicial vacancies re- the case. When two small business own- Virginia, Margo Brodie for the South- main over 85. The vacancy rate is dou- ers disagree over a contract, they ern District of New York, Adalberto ble what it was at this point in the should not have to wait years for a Jordan for the Eleventh Circuit, Beth Bush administration. court to resolve their dispute. With one Phillips for the Western District of I wonder when I hear some Repub- in 10 Federal judgeships currently va- Missouri, Thomas Rice for the Eastern lican Senators claim credit for cant, the Senate should have come to- District of Washington, David Nuffer progress on nominations and point to gether to remedy the serious judicial for the District of Utah, Stephanie what they like to call ‘‘positive ac- vacancies crisis on Federal courts Thacker for the Fourth Circuit, Mi- tion’’—how they can ignore the 19 judi- around the country. chael Fitzgerald for the Central Dis- cial nominations being blocked for no This Republican obstruction began trict of California, Ronnie Abrams for reason. I wonder how they can claim long before President Obama’s recent the Southern District of New York, Ru- progress for the American people when recess appointment of a handful of Ex- dolph Contreras for the District of judicial vacancies remain well above 80 ecutive branch nominees needed for the Washington DC, Susie Morgan for the more than 3 years into President Consumer Financial Protection Bureau Eastern District of Louisiana, Jac- Obama’s first term. In this setting, and the National Labor Relations queline Nguyen for the Ninth Circuit, after years of delay and lack of real Board to function. Indeed, despite 3 Gregg Costa for the Southern District progress, it is troubling to hear Senate years of delays and across the board of Texas, David Guaderrama for the Republicans already talking about how obstruction of his judicial nomina- Western District of Texas, and Brian they plan to resort to the Thurmond tions, President Obama has not recess Wimes for the Eastern and Western Rule to shut down all judicial con- appointed a single judicial nominee. Districts of Missouri. firmations for the rest of the year. That is something President Bush did, Mr. President, I yield the floor. Their obstruction has already resulted not President Obama. Senate Demo- The PRESIDING OFFICER. The Sen- in the Senate having confirmed 45 crats that year consented to consider ator from Oklahoma. fewer judicial nominations after 3 noncontroversial judicial nominations, f years of the Obama administration confirming a total of 205 circuit and than after 3 years of the Bush adminis- district court nominations in President ORDER OF PROCEDURE tration. We still have a long way to go Bush’s first term and lowering judicial Mr. INHOFE. Mr. President, I see the to catch up and to lower judicial va- vacancies dramatically. In fact, the junior Senator from Connecticut in the cancies before anyone talks about a Senate proceeded to an up or down vote Chamber. If he wishes to speak, it is confirmation shutdown. and confirmed 1 of the judicial nomi- my understanding this is Democratic I wish Senate Republicans would nees President Bush had recess ap- time now. If he wishes to go before me, abandon their rhetoric and do as Sen- pointed, William Pryor to the Eleventh that is perfectly all right. I ask unani- ate Democrats did when we worked to Circuit. mous consent that at the conclusion of confirm 100 of President Bush’s judicial Senate Republicans have been block- his remarks I be recognized in morning nominees in 17 months. In fact, we con- ing votes on 18 of the President’s judi- business because I do want to talk tinued to work to reduce judicial va- cial nominees since last year. Eight of about the transportation bill that is cancies by considering and confirming the judicial nominations Republicans coming up. President Bush’s judicial nominations are blocking were reported unani- The PRESIDING OFFICER. Without late into the Presidential election mously by the Judiciary Committee in objection, it is so ordered. years of 2004 and 2008, reducing the va- September and October last year. An- The Senator from Connecticut. cancy rates in those years to their low- other 5 nominations were reported in Mr. BLUMENTHAL. Mr. President, I est levels in decades. November, and 4 in December. All of thank the distinguished Senator from

VerDate Mar 15 2010 23:52 Feb 07, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.024 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S364 CONGRESSIONAL RECORD — SENATE February 7, 2012 Oklahoma for his courtesy and his delays, the need to put their lives on ception back during the Eisenhower ad- leadership on so many issues. hold, when they are lawyers in private ministration, an approach to building Mr. President, I want to particularly practice or judges serving on the bench roads, highways, infrastructure that is say to my colleague from Vermont how now, causes a severe disincentive that necessary in this country, and to have much I appreciate his leadership on the deters qualified people from beginning that as a top priority. Judiciary Committee, where I serve. this uncertain process. There are some problems that have Leadership is the mark of his work Outside of Washington, there is a come up with the highway trust fund, there. He brings together Members of clear consensus that the Senate must and I want to share that with my col- both parties on so many issues, includ- do better. Outside of the Senate, there leagues but, first of all, make sure ev- ing this one involving the Federal judi- is a clear consensus that we need bipar- eryone knows, who might be watch- ciary. It is, as he has said so elo- tisan cooperation. Not just among po- ing—and particularly some of the orga- quently, one of the marvels of the litically elected leaders, but the Chief nizations that are conservative organi- world, one of the historic accomplish- Justice of the U.S. Supreme Court, zations—that these words are coming ments of our republican democracy, members of the bar on both sides of the from me. I have probably been recog- that we have a truly independent judi- aisle all agree we must move these nized as the most conservative Member ciary that exemplifies the qualities of nominations. So I call on my col- of this body as much as anybody else professionalism, scholarship, integrity, leagues, as the chairman of the Judici- has, maybe more. Yet, I have always and, yes, independence. ary Committee has done, to do better. said—even though I am a leading con- We are here today because we have a President Obama has nominated quali- servative—there are two areas where I crisis in our judiciary. It is a crisis not fied members of the bar to serve on our am a big spender. One is in national de- created by our judges but by this body. district courts, including, most re- fense and one is in our infrastructure. It is a judicial vacancy crisis because cently, Michael Shea of my State to re- For that reason, I say to the Pre- nearly 1 out of 10—I repeat, 1 out of place Judge Droney, who has just been siding Officer, when I was first elected 10—judgeships in this country are now confirmed as a member of the court of back in 1994, I selected two committees vacant. The vacancies are double what appeals. to be on. One was the Armed Services they were at this point in President Judge Droney’s nomination waited Committee, where I could try to keep a Bush’s first term. here on the Senate calendar for 130 strong national defense. The other was Every time I go back to Con- days, despite the clear consensus in his the Environment and Public Works necticut—as I am sure happens to the favor. Eventually, he was confirmed by Committee. I am now the second rank- Presiding Officer in his State of West a vote of 88 to 0. That delay, in turn, ing member on the Armed Services Virginia and to Senator INHOFE in caused a delay to the nomination of a Committee and the ranking member of Oklahoma—people ask me: Why can’t district court judge to replace him. the Environment and Public Works you do better in Washington? Why I am hopeful Michael Shea will be Committee. Back when the Repub- can’t you bring both parties together confirmed expeditiously. licans were a majority, I was actually and avoid the waste and the acrimony We should never minimize the impor- the chairman of that committee. That and rancor and the gridlock that is the tance of careful vetting and scrutiny is when we did our last bill. reason for this judicial vacancy crisis? when it comes to these nominees. But Our last highway reauthorization bill We need to come together and avoid once that process is complete in the was in 2005. It was one that went the kind of paralysis that has such Judiciary Committee, blocking these through the process and was very suc- lasting and damaging effects on our ju- nominees can only be bad for the cessful. Conservatives and liberals diciary. American people, as well as for the 160 alike joined and said this is a major The President has done his work in million Americans who live in districts function of America. This is what we recommending qualified nominees to and circuits with vacancies whose are supposed to be doing here. this body. The Judiciary Committee nominees are sitting on the Senate cal- A strong defense and our infrastruc- has done its work in reporting many of endar. They should not have their abil- ture system are not going to be done these judicial nominees to the floor, in ity to access justice denied or delayed. by anybody else. It is going to have to many cases with unanimous support. We should reduce the burdens on our be done by us. If we want to make sure Despite that unanimous support, those courts as quickly as possible so our we maintain a strong national defense, nominations languish here. system of justice will continue to be— which this President has not been As we speak, 19 judicial nominations and justifiably—regarded as one of the doing with the cuts he has made—actu- are still pending on the Senate’s Exec- great marvels in the history of democ- ally, we could have as much as $1 tril- utive Calendar. Mr. President, 16 of racy, of governance in this world, on lion in cuts in our defense budget over those nominations were reported this planet. the next 10 years, all due, quite frank- unanimously to the floor and all but 2 Our nominees deserve prompt and ly, to one person. That is President of them are consensus nominees who fair consideration by the full Senate, Obama. So he does not care that much received strong bipartisan support in and I am hopeful the Senate will do about defending America in putting the the Judiciary Committee. better. resources there. Here is a President They have been blocked by the Re- I yield the floor. who, in his own budget, has proposed a publican minority. They have been The PRESIDING OFFICER. The Sen- deficit each year, for four budgets, of blocked from up-or-down votes. They ator from Oklahoma. over $1 trillion each year. have been denied those up-or-down f You would think, with these huge votes. That is unfair not only to them deficits, we would not be having a prob- but to the American people. It is dam- HIGHWAY REAUTHORIZATION lem in defense spending, as well as in aging to this country. It undermines Mr. INHOFE. Mr. President, we are our roads and highways, in coming up the independence of the judiciary, its going to be considering today—and I with a bill that would be a transpor- credibility and respect. It causes delays think the rest of this week, and prob- tation reauthorization bill. The trans- in the decisions on cases that vitally ably into next week—one of the most portation reauthorization bill for 2005— affect ordinary men and women who significant things we are supposed to where I was the sponsor of it because I come to our Federal courts for justice. be doing here. was chairman of the committee—was a The old saying ‘‘justice delayed is jus- I wish to start off by saying—in en- $286.4 billion bill. It was one that even tice denied’’ holds true whether it is dorsing and encouraging a highway re- at that time barely maintained what the great historic cases of this country authorization bill—I want people to was out there already. Certainly I do or the ordinary, mundane, routine know this is coming from someone who not have to tell the occupier of the cases that involve injuries to indi- is a conservative. I think there are a chair from West Virginia that I have vidual plaintiffs or defendants. And it lot of conservative organizations out been through his State and there is a discourages qualified people from per- there that have mistakenly thought of lot of room for improvements in the mitting their names to be placed in this as being a big spending bill with- road system, and I know he is a strong nomination. The uncertainty of those out realizing this has been, since its in- supporter of this. This is certainly true

VerDate Mar 15 2010 23:52 Feb 07, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.004 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 7, 2012 CONGRESSIONAL RECORD — SENATE S365 in my State of Oklahoma. It happens is coming up is a bill of compromise. proving the roads and the bridges. That that my State of Oklahoma is tied, the We actually passed this out of the com- is not quite true because other deals last time I checked, with Missouri as mittee unanimously. All the Repub- have kind of moved in so that they are being dead last in the quality of our licans and all the Democrats voted for involved with it. So they passed this bridges. it. It is a bill where, I have to say, Sen- thing called enhancements where 2 per- We have actually had deaths in Okla- ator BOXER worked very closely with cent of the total highway funding homa. We had a lady not too long ago us. We have reforms in here. would have to go to what they called in Oklahoma City, the mother of three Going back to my comment about ex- transportation enhancements. small children, who was driving and a tensions, if we do not pass a bill, we A lot of people say 10 percent. It is 10 chunk of concrete came off a bridge have to operate on extending the cur- percent of the States’ surface transpor- and killed her. This is serious stuff. rent legislation, the current bill, the tation funding or 2 percent of the total This is what we are supposed to be remnants, I might say, of the 2005 highway funding. I would like to do doing here. transportation reauthorization bill. away with the enhancement program So we had this bill back in 2005. Since Now, if we do that, we do not get any altogether. Unfortunately, that means that time, we have been operating on reforms. So one of the things we did in we could not get a highway bill. extensions. We have done eight exten- this bill that gained the support of the Working with Senator BOXER and sions. It is kind of complicated, but I Republicans on the committee, and with the Democrats in the committee, want to explain how this works. The most of the Republicans here, was the we came up with the perfect solution. proceeds of the highway trust fund reforms we had. We do not have to eliminate enhance- come from the gas tax. About 18 cents, For example, in this bill we gave— ments because the solution under this when you buy gas at the pump, goes to the bill that is up for consideration bill will allow the States to make the maintenance of the highways and now—more flexibility to the States. I determination as to how they are going bridges in that program. have long believed—and I served many to spend that 2 percent of their total The problem has been that in recent years ago in the State legislature—the highway funding. Instead of using it for years—it started about 10 years ago— closer you get to home the more re- museums and other things that have we had surpluses in the highway trust sponsible government is. And I can tell nothing to do with transportation, we fund, and with other people who want- you right now, giving the flexibility to are, under the provisions of this bill ed to get their deal in on the highway the States to make these determina- that we are talking about, able to use trust fund, we have things that have tions—who are we to say that we, in that money for any other requirements nothing to do with transportation that our infinite wisdom and knowledge in for unfunded mandates—and there are are there. That is one of the problems Washington DC, are smarter than they plenty of them there, such as endan- we have. are at the State level? We are not. Cer- gered species mitigation, storm water But the other problem we have is tainly, we do not know the needs like runoff, wetlands mitigation. They are a that through the efforts to encourage the States know the needs. part of every project. So we can take people to use electric cars and get bet- So we have the situation in this leg- that 2 percent, and instead of applying ter mileage and all that, we do not islation where we are giving more it to enhancements, we can offset the have the proceeds we had in years past. flexibility to the States. We are reduc- requirements that are there. So for all practical purposes, like in I think probably if we had been smart ing the number of programs. This is a my State of Oklahoma, we are not initially, we would have had the high- big thing. I cannot tell you exactly going to have any of that 2 percent for way trust funded by a percentage as how many programs there are because enhancements. It is not there. We have opposed to a ‘‘centage.’’ If it is 18 I do not have that in my notes. But I solved the problem. But we put that in cents, it does not make any difference, do know we have reduced the number the hands of States. So there will be it is going to be 18 cents. But if the by eliminating and consolidating pro- amendments that would want to do price of fuel goes up, if it had been a grams that might be duplicative of away with enhancements. I would say percentage, then we would not be faced each other by two-thirds. In other we do not have to do that now because with the situation we have today. So words, we only have one-third of the we have reformed that process. that is what we have. programs we had before. That is in this It is a little bit complicated because I applaud, I thank Senator HARRY bill. That is a major improvement. we are merely saying that we have a REID, the leader of the Senate, for Now, looking, also, at the stream- block of money which constitutes 2 wanting to give it the attention, the lining of project delivery, we have percent of the total highway funding, priority in getting it on the floor so we something called NEPA. NEPA looks and instead of that going to things that can talk about it. In a minute, I will after the environmental concerns when we hear about that have nothing to do also be very complimentary of Senator we are building roads and bridges. This with transportation, we do not have to BOXER from California. bill expands the number of categorical do that anymore. That will be up to This is something that is kind of in- exclusions available under NEPA and the States. However, some States may teresting that is unique in transpor- allows for steps within the lengthy feel differently. If they do, that is not tation only. Here I am ranked always NEPA process to be combined so we their problem; that is not my problem. as one of the top three most conserv- can get things done. So that is the type of thing we are ative Members. Senator BOXER from You have heard the stories—I am doing in this bill that has not been California is a very proud liberal. One sure you have—of problems with every- there before. If we do not do it, we thing: I do not mind people being lib- thing from endangered species to other would be cutting highway spending erals if they are proud liberals and environmental concerns that cause down to the highway trust fund re- admit it. Well, she does. She is a lib- these things to drag on and on and on, ceipts. That calculates into a 34-per- eral. She feels the government should and the expense is so much greater. cent cut to the States’ road and bridge have greater control of some of the Well, we are eliminating a lot of those funding. Right now—to put this into things we do. Consequently, she is categorical exclusions. We are increas- perspective so that people will, hope- doing essentially the same thing as the ing the number so that we will be able fully, understand and listen—we need, current chairman of the Environment to get that much more done. and we are in the process of getting, an and Public Works Committee as I Another thing in this law—this is additional $7.2 billion in order to be would be doing if I had still been chair- very complicated—is called enhance- able to fund this bill as we passed it— man of the Environment and Public ments. I opposed it back years ago $7.2 billion. Works Committee; that is, coming up when they started putting enhance- Stop and think about that. If we go with a highway bill. ments on the highway bill. I have al- back to the $800 billion stimulus bill Well, we are looking at it right now. ways said it is a moral issue. When peo- that President Obama had—I know I have to share with my colleagues on ple pay their 18.4 cents a gallon, and it Senator BOXER agreed with me—more the right—the Republicans, the con- goes into the highway trust fund, they of that should have gone to highway servatives—what we are looking at. A are led to believe that money is going funding. Only 3 percent of it—3 per- lot of people do not realize the bill that to be going to transportation, for im- cent—went to highway funding. So we

VerDate Mar 15 2010 03:01 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.005 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S366 CONGRESSIONAL RECORD — SENATE February 7, 2012 are talking about $800 billion which Then we are going to have to do an ex- from Canada, including many of their was spent. We are trying to come up tension or be forced to bail out the leading businessmen in the area of en- with $7.2 billion. highway trust fund. We do not want ergy, oil, and gas. He left on a trade I have to say this and bring it up. We that to happen. We can preclude that mission to China. And what is at the all remember the $700 billion bailout. A from happening. All we have to do is be very top of his list? At the very top of lot of Republicans ended up voting for responsible today. his list in his trade mission to China is that, and right now we are down to— Again, this is one of the few areas selling Canadian oil to China. Why is the cost is probably going to be lev- where back home organized labor as that? eling out at $130 billion. That is the well as business is all for it. Here we The reason is because our current ad- bailout that was passed. have the extremes, such as Senator ministration evidently would prefer Well, $130 billion, when all we are BOXER from California and myself. We that we buy oil from the Middle East looking for now is $7.2 billion, we can- both agree this is one of the two pri- and from Venezuela rather than buying not say it is not there. As I said when mary functions of government. This is oil from our closest friend and our No. I opened, this President, in his budget, our opportunity to do it. I hope there 1 trading partner, Canada. has had over $1 trillion in deficit each will not be people on the outside look- That seems hard to believe but, if year for 4 years. Again, that is not the ing at this and completely disregarding not, how else can we explain the ad- Democrats, not the Republicans, it is these hundreds of billions of dollars ministration turning down the Key- not the House, it is not the Senate. that, in my opinion, have been wasted stone XL Pipeline project after more That is President Obama. That is his and not pay attention to one of the than 3 years of study—not 60 days but budget. That is the way it works. prime functions of government; that is, more than 3 years of study. We re- I have often said when we look at the doing the infrastructure for the United cently passed legislation in this Cham- hundreds and hundreds of billions of States of America. ber and in the House that was approved dollars—and yet one of the prime func- I yield the floor, and I suggest the ab- by the President, and in that legisla- tions we have is roads and highways, sence of a quorum. tion we said the President needs to and we are just $7.2 billion short. I The PRESIDING OFFICER (Mr. make a decision on the Keystone XL think they have come up with it. I ap- TESTER.) The clerk will call the roll. Pipeline within 60 days of the date of plaud the Finance Committee which The assistant legislative clerk pro- that legislation, but that is after 3 has been working on this and recog- ceeded to call the roll. years of study. nized it in terms of priority that we Mr. FRANKEN. Mr. President, I ask The administration came back and ought to be able to do it. unanimous consent the order for the said: Well, it cannot make a decision in They have come up with a package quorum call be rescinded. 60 days but forgot to mention they now that—again, this is not in my end The PRESIDING OFFICER. Without have been looking at it for over 3 of it; this is the Finance Committee. A objection, it is so ordered. years. In fact, let’s go through that lot of people think the highway bill is The Senator from Minnesota is rec- timeline. I think it is important that all in the Environment and Public ognized. the American people understand the Works Committee. It is not. We have Mr. FRANKEN. I thank the Chair. real timeline. the Commerce Committee, the Budget (The remarks of Mr. FRANKEN per- The real timeline has nothing to do Committee, the Finance Committee, taining to the introduction on S. 2076 with 60 days. The real timeline is more and our committee. But that end of it are located in today’s RECORD under than 3 years that a project has been is in the Finance Committee. They ‘‘Statements on Introduced Bills and held in limbo. On September 19, 2008, have worked diligently. I appreciate Joint Resolutions.’’) TransCanada applied for a permit to the hard work that has came from the f build the Keystone XL Pipeline. That Democrats and the Republicans on that is more than 3 years ago. Both the En- committee. EXTENSION OF MORNING vironmental Protection Agency and Now, in the event that we do not do BUSINESS the State Department said they would this, we are going to go back—it will be Mr. FRANKEN. Mr. President, I ask have an answer on the project before our ninth extension. When we have an unanimous consent that morning busi- the end of last year. They made it very extension, none of these reforms I just ness be extended until 6 p.m., with Sen- clear that after going through the full talked about, none of them will end up ators permitted to speak therein for up NEPA process—including the full envi- being done. It will just be major cuts in to 10 minutes each with the Repub- ronmental impact statement, doing all programs. licans controlling the time from 4 to 5 of the due diligence, all the work over I would only ask this: I would ask p.m. and the majority controlling the more than a 3-year period—they would any Member of the Senate, before you time from 5 to 6 p.m.; further, that the have an answer before the end of the draw yourself into a box where you are majority leader be recognized at 6 p.m. year. going to be opposed to this, what you The PRESIDING OFFICER. Without The administration then says: No, need to do is call your State depart- objection, it is so ordered. that is not enough time. We don’t have ments of transportation. Talk to them Mr. FRANKEN. I yield the floor. enough time in more than 3 years to about it. Talk to the chambers. Talk to The PRESIDING OFFICER. The Sen- make a decision, so the decision is null. the labor unions back in your States. ator from North Dakota. You ask: Why would that be? Is this See what they think. This is one of the f such a unique project that we have few issues where they are all in agree- never done this before; that after more ment—labor, chambers, all of them. KEYSTONE XL PIPELINE than 3 years of study—not 60 days—this They realize we have to have infra- Mr. HOEVEN. Mr. President, I rise is so unique we cannot make a decision structure in America. today to speak about jobs, energy inde- in that amount of time? So the admin- I know my State is not the only pendence, and good environmental istration says no. State that has road problems. But I am stewardship for our country. I rise to On this chart we see this red line more familiar with them because that speak about working with our strong- that runs from Hardisty, which is Al- is where I live and raise my 20 kids and est ally and trading partner, Canada. I berta, Canada, all the way down to Pa- grandkids. So I would hope that we rise to speak about moving forward on toka, IL, to refineries we have in this look at the opportunities that we have behalf of the American people and not country. This is the Keystone Pipeline. in what is called MAP–21. That is the delaying, not failing to act in their That was approved in 2 years, roughly transportation reauthorization bill best interests. 2006 to 2008, and then constructed. It that we have under consideration at Yesterday, Canadian Prime Minister now moves almost 600,000 barrels of oil this time, and that we will do the re- Stephen Harper left for China. He left a day from the Canadian oil sands sponsible thing. for China with five of his top Ministers, down to our refineries. So that project If we do rely, by the way, on exten- including his Minister of Trade and his already exists. We are talking about sions, our highway trust fund will be Minister of Natural Resources. He also building a sister pipeline, the Keystone totally depleted by this next summer. took along 40 leading businessmen XL Pipeline, that will bring it from the

VerDate Mar 15 2010 23:52 Feb 07, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.006 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 7, 2012 CONGRESSIONAL RECORD — SENATE S367 Calgary area, the Province of Alberta, isting Keystone Pipeline. But in the ducing greenhouse gases, and it is Canada, down to Cushing, which is a legislation we put forward we say we going to be refined in China, where major oil hub, and our refineries in the will reroute the pipeline in Nebraska; they have lower emission standards, gulf. that issue will be fully addressed, and meaning higher emissions. They don’t So it is not a new concept; we are al- we do not set a timeline on doing it have the same standards we do, so we ready doing it. This pipeline carries al- and we expressly provide that we work end up with more greenhouse gas, and most 600,000 barrels a day. The new with the State of Nebraska to do it. yet at the same time we continue to pipeline would carry 830,000 barrels a Nebraska had a special session in No- have tankers of oil coming in from the day. vember. After their special session Middle East producing more green- It is not just about Canada. It is not where we all agreed to do the rerout- house gas because we can’t get the oil just about moving Canadian crude to ing, the State of Nebraska—their legis- from Canada. our refineries. My home State of North lature, their Governor, and their Sen- So if that is the argument, what are Dakota, and Montana, produce oil as ators—supported the project. They we doing? We are saying: OK, we are well—light, sweet, Bakken crude—good said: Yes, we need to move forward going to say no to the jobs and we are stuff. We need to get that product to with the project. going to say no to the fact that we can market as well; 100,000 barrels a day As you can see, there are many pipe- be energy independent in terms of oil. from North Dakota and Montana will lines through there already. Neverthe- Between the United States and Canada, go into this pipeline. Now, that is in- less, we said: OK, the administration we can be independent in our oil needs. credibly important to States such as said that is an issue. We do the rerout- We won’t need to get oil from Ven- North Dakota and Montana because ing and we set no time limit to do it. ezuela and we won’t need to get oil right now we have to move that prod- So why aren’t we proceeding with the from the Middle East—a huge national uct by truck and by train. There is in- project? What are we waiting for? And security issue. Look at what is going credible wear and tear on our roads, what are the ramifications of waiting? on in Syria and look at what is going and with the congestion on our roads, Look at all these pipelines. This is not on in Egypt and look at what is going there are also traffic accidents and a new concept. on in Iran. Look at what is going on traffic fatalities. So I take a step back to what I men- with the price of gasoline. We can be- Mr. President, 100,000 barrels a day tioned earlier: What is going on here? come oil independent with our best represents 500 truck loads a day on Why is it that Prime Minister Harper, friend and ally, Canada, but we say no some of our highways in western North the Prime Minister of Canada in China instead. After 3 years, we are going to Dakota and eastern Montana. today, is arranging to sell oil that they say no to the project, so Canada sells it This pipeline would reduce the num- produce in Canada to China rather to China and we get worse environ- ber of truck miles to move that prod- than to us in the United States when mental stewardship. uct by 17 million truck miles a year. So we need it so badly—not just for our I hope the American people fully un- it is not just about moving that prod- economy, not just for the jobs, but for derstand exactly what is going on here uct from Canada to our refineries, it is energy security at a time of incredible because it is time to act. Right now, about moving our own crude, crude upheaval in the Middle East? Now this Prime Minister Harper is talking to that we produce in this country to oil is going to go to China. What is President Hu Jintao, the President of market. Our States need that vital in- going on here? China and, believe me, China wants the frastructure, and the government is Well, the only thing that I guess we oil. Prime Minister Harper and Canada, not building this infrastructure—not can figure is that the administration our closest ally in the world, have one penny of tax money, not one penny has decided they don’t want oil pro- waited 3 years—3 years—to get a ‘‘no’’ of Federal Government spending. This duced from the Canadian oil sands. answer from the administration. So we is a $7 billion-plus investment from the They have decided they don’t want oil will see what kind of agreement he private sector to give us the infrastruc- that is produced in Canada in the oil comes back with from China. ture we need to get our oil to our refin- sands. The argument is that somehow The reality is, it is time to act. Here eries. that oil will have higher greenhouse are some of the pipelines that are mov- So it is not a new project. It has been gas emissions, so we are not going to ing crude oil and other product around done before. take it and somehow that is not going our country. Do we really think that is As a matter of fact, as my next chart to be produced. So it is an environ- a problem, particularly when we put in shows, not only has this been done be- mental issue. The only problem with legislation—when we went specifically fore, but the Obama administration has that is that it is going to be produced. and found out what the administra- approved similar projects before. It just won’t come to us, it will go to tion’s concern was and we solved it and In August of 2009 the current admin- China. And maybe an even bigger we built it into the legislation? The istration approved a 1,000-mile pipeline irony—although certainly not a bigger time has come to act. I call on my col- that moves 800,000 barrels of oil a day problem but a bigger irony—is that the leagues to join me. We put forward leg- that is moving oil right now. They ap- environmental stewardship will then be islation that addresses the concerns. proved this project in August 2009. It worse, not better. So if that is the ar- But it is time to act for the good of the came online in October 2010. It goes gument, it is going in the wrong direc- American people. from the Province of Alberta down to tion. Thank you, Mr. President. I note the refineries in Wisconsin. So they ap- This oil, which will be produced up absence of a quorum. proved it in August 2009. here—that is exactly the agreement The PRESIDING OFFICER. Will the So what is going on here? Well, the Prime Minister Harper is now working Senator rescind the suggestion, please. Mr. HOEVEN. I will. issue they have talked about is that on with China and, believe me, China they have to delay this because of the wants the oil. There is no question f western Sandhills region of Nebraska. about that. They have made it very RECESS The western Sandhills region of Ne- clear. While we continue to put Canada The PRESIDING OFFICER. Under braska includes something called the on hold, China is working very hard to the previous order, the Senate stands Ogallala Aquifer. The Ogallala Aquifer make sure that oil comes to them. in recess until 2:15 p.m. is obviously very important for water Lets talk about the environmental Thereupon, the Senate, at 12:34 p.m., supply and irrigation. That is here in aspect of that. Now, instead of bringing recessed until 2:15 p.m. and reassem- western Nebraska, so that concern has this oil in a pipeline down to our refin- bled when called to order by the Pre- been raised. So we put forward legisla- eries—the best technology in the world siding Officer (Mr. WEBB). tion that addresses that issue. in terms of refining, so we put it in a Mr. SCHUMER. Mr. President, I sug- We put forward legislation that fol- pipeline and we have lower emissions gest the absence of a quorum. lows the lead of the State of Nebraska in the very best refineries in the The PRESIDING OFFICER. The and says: We will reroute the pipeline world—we are going to put this oil in clerk will call the roll. in Nebraska. For example, rerouting it thousands and thousands of tankers The legislative clerk proceeded to over here where there is already the ex- that have to go across the ocean, pro- call the roll.

VerDate Mar 15 2010 01:08 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.009 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S368 CONGRESSIONAL RECORD — SENATE February 7, 2012 Mr. DURBIN. Mr. President, I ask future. Not only can we be fiscally re- lustrating the role of unemployment unanimous consent that the order for sponsible and still invest in infrastruc- benefits than anything I can say. Here the quorum call be rescinded. ture, education, and innovation, we can is what Laurel wrote: The PRESIDING OFFICER. Without only be fiscally responsible if we do Thank you for working late nights. I am objection, it is so ordered. make those investments. Failing to in- from Evanston, IL. I graduated from Evans- ton Township High School. My position as f vest in the future is a recipe for more intractable fiscal problems in the years Ethics and Compliance Manager in a large THE ECONOMY to come. multi-national conglomerate was eliminated last December 2010. Mr. DURBIN. Mr. President, the Jan- Those who say just cut spending and ignore the consequences ignore the re- I am trained as a lawyer, and have worked uary jobs report shows that President in international law, economics and policy. Obama and many others have joined to ality. There are those who say that In addition to a law degree, I have a Master help put our economy on the path to government spending is holding our of Science in International Relations from recovery. The economy added 257,000 economy back. They say that if we cut the London School of Economics. I wrote my private sector jobs in January. That is government spending, somehow we are thesis about US trade policy, the now ex- the 23rd month in a row that the econ- going to enliven and rejuvenate this pired Agreement on Textiles and Clothing, omy has added private sector jobs, for economy. History tells us quite a dif- and international economics and labor at ferent story. President Clinton pre- LSE. a total of 3.7 million payroll jobs over After working for a think tank in London that same period. sided over the strongest period of pri- vate sector growth in recent memory, on democracy and participation, I went to In January, the unemployment rate law school. During law school, I interned at fell again from 8.5 to 8.3 percent. The and he did so while government spend- the United Nations and later for the legal unemployment rate has fallen .8 per- ing grew every year from 1995 to 2000. and regulatory group of a Wall Street re- cent since August. That is the first In 3 of those years, President Clinton search service. time in almost 17 years that the unem- generated a balanced budget—the last I was working in the legal department of balanced budget we have seen in Wash- Smiths Group on international compliance ployment rate has fallen for 5 consecu- ington. issues when I was laid off. While working for tive months. It is clear to me that we should be Smiths Group, I studied for an LLM in inter- Job growth is occurring across many heartened by the recent positive eco- national comparative law in the evenings. After being laid off, I received severance sectors of our economy. In Illinois, we nomic data, but we can’t mistake it for are seeing manufacturing jobs return, from my previous employer and was able to a signal to retreat. We have to con- get a short-term contract with the World some from overseas, and across the tinue working to build a strong and fis- country last month the manufacturing Bank after only a few weeks of unemploy- cally sound economy for the 21st cen- ment. However, since the end of that con- sector added 50,000 new good-paying tury. A critical element in that is un- tract in July, I have not been able to find a jobs. employment insurance. The January job or get a contract. Don’t get me wrong, we still have a report, as I mentioned, says we are on My first phase of unemployment ended in long way to go. We have to quickly the road to recovery, adding 257,000 pri- November. I have now been receiving unem- agree on the extension of the payroll vate sector jobs, with the unemploy- ployment insurance payments for 7 months, tax cut, which will expire in just a few just beginning Phase II. If unemployment in- ment rate dipping from 8.5 to 8.3 per- surance extensions are not renewed, I under- days. We have to ensure that unem- cent. Even with these gains, more than ployment benefits for those looking for stand I will no longer receive payments. 121⁄2 million people are still unem- I am a 38-year-old single female living work are continued. We are on the ployed and actively looking for work. alone. My parents are elderly, and my moth- right track, but we shouldn’t rest in Even more concerning is the number of er was just diagnosed with breast cancer. My our efforts to foster an economy that is longer term unemployed, which re- dad has had two strokes in the last 6 years. built to last. mains at about 5.5 million. The trouble I am paying $402 a month in COBRA pay- I am not a deficit and debt denier. I finding work isn’t due to lack of initia- ments to keep my health insurance. I rent an apartment and unemployment just barely understand the gravity of our fiscal tive. We need more jobs. And until challenge, and we need to work to re- covers my rent. I have been living on savings there are more jobs available, we since July. Without the help of unemploy- solve these problems. I hope my work should maintain unemployment insur- ment, I will not be able to pay my rent, and on the President’s fiscal commission ance benefits at current levels. I am terrified. and as part of the Gang of 6 shows a Maintaining the current level of Fed- I have had over 20 informational interviews commitment to this issue. However, as eral unemployment insurance has prov- and applied to 42 jobs since I first heard my Ben Bernanke, Chairman of the Fed- en to be one of the best things Congress job might be eliminated last November. eral Reserve, said last week: can do to breathe life into this econ- The extension of unemployment insurance omy. The Congressional Budget Of- means something to me personally. I need Even as fiscal policymakers address the ur- more time. I believe at least with some of gent issue of fiscal sustainability, they fice—respected and bipartisan—esti- the applications I have submitted in both the should take care not to necessarily impede mates that every dollar we put into un- private sector and government agencies, the the current economic recovery. employment insurance not only goes companies have not hired anyone despite Fortunately, the two goals of achieving into the economy but is respent and is posting a job. I believe many companies are long-term fiscal sustainability and avoiding worth $1.90 in economic activity. Late waiting to see what will happen with govern- additional fiscal headwinds for the current last year, the Economic Policy Insti- ment contracts, and agencies are stalled due recovery are fully compatible—indeed, they to the hiring freeze or funding. I know some- are mutually reinforcing. tute estimated that extending Federal unemployment benefits for 1 additional thing has to come through soon . . . I sup- On the one hand, a more robust recovery port the efforts to support the extension of will lead to lower deficits and debt in coming year generates $72 billion in economic unemployment benefits. years. On the other hand, a plan that clearly growth, creating over 560,000 jobs over and credibly puts fiscal policy on a path to the course of the year. Is this an example of someone who is sustainability could help keep longer-term An estimated 3.2 million people were not trying, someone who is not trained interest rates low and improve household kept out of poverty simply because of and educated? Just the opposite. Here and business confidence, thereby supporting unemployment insurance checks. As of is a person who clearly has been driven improved economic performance today. the end of last year, 200,000 individuals her entire life to develop skills, to We can grow our economy and reduce were collecting unemployment in Illi- challenge herself, to improve her abil- the deficit. In fact, it is arguable that nois, with 43 percent of those unem- ity to earn and learn, and here she is we can’t balance our books or the ployed people having children in their out of work and desperate. She doesn’t budget with 14 million people out of homes. know which way to turn. She is single. work. We have to work to put this I came to the floor today to reinforce She may not be able to pay her rent. economy back on its feet, to put Amer- for my colleagues and the conferees Are unemployment benefits important icans back to work earning good in- working on the payroll tax-unemploy- for her to keep her on the track of find- comes, paying their fair share of taxes, ment insurance bill that this isn’t just ing a job? Of course they are. The and sustaining a growing economy. about numbers, it is about real lives. money we give her will be spent back A credible deficit reduction plan will I received a letter from Laurel in De- into the economy to create a better include investments that look to the cember, who does a far better job of il- economic climate.

VerDate Mar 15 2010 01:08 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.031 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 7, 2012 CONGRESSIONAL RECORD — SENATE S369 I have received thousands of letters What is the advantage that Internet They are our neighbors and they de- along these lines in the last 2 years. If sellers have over those who have busi- serve a fair shake. Congress doesn’t move quickly to nesses on streets and highways across Last year, Senator ENZI, LAMAR maintain unemployment insurance America? One advantage relates to ALEXANDER of Tennessee, and I joined benefits, millions of workers relying on sales tax. In my home State of Illinois, in introducing the Marketplace Fair- this program will be left without a life- the payment of sales tax on Internet ness Act, with seven additional cospon- line. The Joint Economic Committee purchases is voluntary and personal. If sors—Senators TIM JOHNSON, BOOZMAN, estimates that 3.3 million workers will one does not declare it and pay it, it is JACK REED, BLUNT of Missouri, WHITE- exhaust benefits by June if we fail to not collected. We are supposed to pay HOUSE, CORKER and PRYOR. We recently act—nearly 170,000 in Illinois. I am con- it, but many people do not. So those added Senators BENNET and CARDIN. cerned about what this will do to our selling on the Internet, subject to local This bipartisan group of Senators un- country and especially what it will do sales tax, in fact are not collecting derstands we have to do more to ensure to these people—our neighbors, mem- that sales tax. I think that can change a fair marketplace for American busi- bers of our families, friends, folks who and should. nesses. The bill will level the playing just need a helping hand. Becky Anderson owns Anderson field for Main Street businesses and Prematurely ending unemployment Bookstores in Naperville, IL—a great limit the current built-in price advan- insurance or the payroll tax cut would little town. She described to me how tage given to online retailers. It allows make our economic recovery more dif- she loses sales every day because con- States to treat brick and mortar retail- ficult. There may be some political sumers walk in, ask her questions, and ers the same as online retailers by pro- strategists who would applaud that, then buy an item online from remote viding two streamlined approaches for saying: Well, a little bit of pain for a retailers because they do not collect States to require collection of both few months here and we can change sales tax. sales and use taxes. that President into another person. Let Becky understands most customers The bill also includes a small seller someone else take the job. exemption that will ensure small on- I think that is very shortsighted. Of do not realize they do owe the sales tax line retailers are exempt from the re- course, I support the President, make to the State of Illinois and local units quirement to collect sales and use no mistake about it, but to sacrifice of the government. They say: taxes. The notion is that if Grandma the well-being of this country and the This runaway train may undermine more growth of our economy for the sake of than our bottom lines. It’s not a stretch to Franken has an apple butter recipe and an election is just plain wrong. say entire Main Street districts could dis- makes a few cases each year to the de- appear. Conferees in the Congress must act light of all her neighbors, she will not soon to maintain a robust unemploy- That is Becky’s conclusion after hav- be burdened with this responsibility of ment insurance system for those still ing watched what happens with these selling it online and collecting sales struggling to find work. Now is not the Internet sales not collecting sales tax. tax. time to roll back unemployment insur- She talks about how a local shoe- Let me be clear. This bill does not ance. store in downtown Naperville was impose any new taxes. This bill does not raise taxes, period. It does not MARKETPLACE FAIRNESS ACT forced to close and lay off employees, Mr. President, there is one other strictly because of Internet sales. The amend the Internal Revenue Code at issue I would like to raise at this point, local business owner, Michael Abt, all. It simply is a collection issue that and it is one I have worked on for some president of Electronics, in Glenview, for too long has put local businesses at period of time with Senator MIKE ENZI. IL, described in detail how our current a disadvantage. The real job creators in It relates to a phenomena all of us are system results in a built-in price ad- America, many of them, are the small aware of—Internet sales. There is hard- vantage for Internet retailers. Mike businesses in our communities that ly an American with access to a com- said: struggle to get by every day, and when puter who doesn’t buy something on Oftentimes with consumer electronics, the they get better and they get well, the computer. I do, and lots of families profit margin is 10 percent or less. Abt col- America gets well. Now is the time to do—some of the basics, in addition to lects 9.25 percent sales tax. When an online help these retailers. some other things that may be just as- competitor does not collect it and then offers It also is going to help State and free shipping, it is a huge advantage for [his] local budgets, those that are trying to pirational purchasing. But the inter- competition. esting thing that has happened over make ends meet in a tough economy. I the years is we have allowed the Inter- Local businesses will never be able to hope we can get this done and done net retailer to have a different position compete if we continue to provide a quickly. when it comes to their tax liability. built-in price advantage for online re- One thing I would like to add. The I talked to a lot of local businesses in tailers by exempting them from sales largest online retailer in America, Illinois, small businesses, businesses on and use tax collection. There was a amazon.com, supports our legislation. Main Street. Some of them think time, I guess—and I heard the argu- We are not at war with online retailers. things are getting better and I do too. ment here—that we did not consider They have concluded it is best to have They sense the worst may be behind us the sales tax for online sales because, a uniform, streamlined system that and the future is looking brighter. But the argument was made, they may not uses available software for collection at the same time, they share with me survive; it is a fledgling industry. from a retailer and distribution the frustration they have currently That day is long gone. They are cer- through the State departments of rev- now with customers coming into their tainly not fledgling; they are in full enue. It is voluntary. We do not impose shops and businesses looking for every- flight. a mandate on any State to adopt this, thing from running shoes to sporting Over the past decade, online retail although I think every one of them equipment—you name it—and then, has become an important part of Amer- will, and this moves us finally in the just about the time when they have ican commerce. Online retail allows direction of fairness—fairness not only tried on the second or third pair of customers to compare prices, shop for those who are doing the bricks and shoes, looked in the mirror, got every- around right in the comfort of their mortar sales but fairness for all cus- thing squared away as to what they are living room. At the same time, local tomers and all retailers across Amer- going to buy, they sometimes pull out businesses such as Anderson Book- ica. their phones, turn on an app, and take stores in Naperville compete with on- I commend this bill to all colleagues. a picture of the barcode on the product. line retailers by trying to provide good If we truly believe, as many of us have You see, there is an app which allows service at the lowest prices they can. spoken time and again, in the value of a person to find out where they can buy These local businesses also invest in small business to economic recovery, that very same product cheapest on the our communities. They hire local most small businesspeople will tell you Internet. So here is the local retailer workers. They pay local property this is a critical element in their com- doing their part to make a sale, and it taxes. They are involved in commu- petitive edge and their ability to hire turns out they get nothing from the ex- nities supporting baseball teams and more people and be able to be profit- perience. charity efforts in their community. able all across the Nation.

VerDate Mar 15 2010 01:08 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.032 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S370 CONGRESSIONAL RECORD — SENATE February 7, 2012 I yield the floor and suggest the ab- South Bend, will have one of two has been imposed in violation of the sence of a quorum. choices: they can either pay for health most basic of human rights and prin- The PRESIDING OFFICER (Mr. insurance that covers things such as ciples of our Constitution. I am calling FRANKEN). The clerk will call the roll. sterilization or birth control, despite on you to do so. The assistant legislative clerk pro- their deeply held religious objections, I yield the floor. ceeded to call the roll. or they can refuse to offer any sort of Mr. BOOZMAN. Madam President, I Mr. COATS. Madam President, I ask health insurance to their employees, ask that I be recognized to speak. unanimous consent that the order for which will result in these organizations The PRESIDING OFFICER. The Sen- the quorum call be rescinded. facing significant fines and penalties ator is recognized. The PRESIDING OFFICER (Mrs. while their employees are forced to Mr. BOOZMAN. Madam President, I SHAHEEN). Without objection, it is so seek health insurance elsewhere. come to the floor today to add my ordered. In other words, the Obama adminis- voice in opposition to President f tration is saying: Compromise your re- Obama’s unwillingness to respect the conscience rights of religious institu- HHS CONTRACEPTION MANDATE ligious beliefs to comply with our mas- sive Federal health care law or you and tions. Mr. COATS. Madam President, I rise your employees will face a penalty. On January 20, the Department of today to call upon the President of the While this decision will greatly im- Health and Human Services issued a United States to rescind one of the pact many in the Catholic faith, it will mandate requiring almost all private most radical and unconstitutional also extend beyond a singular religious health insurance policies, including mandates ever issued, a mandate that denomination. A wide variety of reli- those issued by religious institutions, requires faith-based organizations, hos- gious institutions and organizations to cover free sterilizations and contra- pitals, and educational institutions to across the country will resist providing ceptives at no cost to policyholders. provide and pay for health insurance insurance coverage for birth control. What this means, in simple terms, is coverage that violates the fundamental Cardinal-designate Timothy Dolan, that churches are exempt from the tenets of their faith. president of the U.S. Conference on mandate, but institutions such as Our Founding Fathers believed so Catholic Bishops, said: church-run universities, hospitals, and deeply in the importance of religious Never before has the Federal Government nonprofits must comply with the gov- freedom that they made it the very forced individuals and organizations to go ernment regulation. Therefore, in order first American principle in the Bill of out into the marketplace and buy a product to continue to operate, these church- Rights. The first amendment to the that violates their conscience. This run institutions must violate the very Constitution reads, in part: shouldn’t happen in a land where free exer- beliefs that inspire them to care for the Congress shall make no law respecting an cise of religion ranks first in the Bill of least among us. establishment of religion or prohibiting the Rights. I would not be surprised to see many free exercise thereof. Although a blatant violation of the of these faith-based institutions dis- On January 20, the Obama adminis- first amendment, this ruling is a cul- appear should this mandate move for- tration announced one of the greatest mination of attacks on religious and ward. Despite the President’s conten- deviations from this constitutional faith-based organizations by this ad- tion this outcome is not what he in- guarantee of religious freedom in our ministration. I fear, as Washington tends, his mandate unfairly forces peo- Nation’s history. This Federal rule is a Post columnist Michael Gerson noted ple to choose between their health and blatant assault on the conscience in his article today, that such a trend their moral or religious values. rights of any organization or any indi- will threaten the good work being done Many parents, Christians and others, vidual who opposes abortion or the use by faith-based groups—of any faith— object to sterilization, agents that of contraceptives. whether it be Catholic, Protestant, abort, and contraceptives. Americans While I am a pro-life Senator and be- Jewish or Muslim. Any group or non- should not have to pay for services or lieve that life begins at conception, I profit hospital or charity that is work- health care plans that conflict with am not someone that supports banning ing to provide services to people in their deeply held religious beliefs. This contraception. But I do support the need now has to compromise their is purely a political decision on the right of those who hold the belief that basic religious tenets in order to con- part of the administration, and it those tenets should be respected, and tinue to provide that insurance cov- shows that President Obama will do that Federal mandates, Federal regula- erage for their employees or pay a fine whatever necessary to appease his base tions, and Federal laws should not be by not doing so. and protect his own job, even if it used to overturn that belief. There have been some bills intro- means the blatant infringement on I do not believe this ruling was an duced in the Senate to rescind this. I first amendment rights. oversight. The Obama administration would hope that those in the adminis- With this mandate, President Obama doubled down on its ruling by ignoring tration who are listening to the people is not only trampling religious lib- the numerous efforts by faith-based or- and listening to the protests that are erties, he is also confirming what many ganizations to be granted an exemp- being made against this almost uncon- feared when this health care bill be- tion. This issue is not a debate over scionable mandate will not stand by came law. Americans saw this massive whether the use of contraceptives is idly and wait to see whether Congress expansion of government as a threat to right or wrong. This is not a debate will act because we will act. We will individual rights. This mandate, one of over whether the health care law is the act as soon as we can. I would hope the first based on the President’s right policy or the wrong policy. I do that they would reconsider this sweep- health care bill, does little to comfort believe personally that the ObamaCare ing unconstitutional ruling which is in those concerns. In fact, it comes across policy is the wrong policy for this Na- direct violation of the first amend- as confirmation the President intends tion. But this is a debate over whether ment. to force on us his belief that he knows the Congress is going to sit idly by and George Washington once said: what is best for Americans when it watch the administration walk all over Every man, conducting himself as a good comes to our health care choices. freedom of religion—and not just the citizen and being accountable to God alone In an effort to fight the administra- Congress but the institutions of Amer- for his religious opinions, ought to be pro- tion’s overreach, I have joined with ica and the people of America—a core tected in worshiping the Deity according to several of my colleagues in supporting American principle or will we stand the dictates of his own conscience. legislation to protect freedom of con- and protect what our Founding Fathers We must take a stand to protect this science and prohibit the government put their lives on the line for and what inalienable right, the right of con- from imposing mandates on our reli- millions of Americans practice each science established by our Founding gious employers. Religious institutions day. Fathers and sustained for over 200 play a critical role in our communities. Catholic institutions, whether they years. If Federal policies make it difficult for be social services or universities such Mr. President, you can undo this those institutions to continue impor- as the University of Notre Dame in wrong by rescinding this mandate that tant social services without going

VerDate Mar 15 2010 01:08 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.033 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 7, 2012 CONGRESSIONAL RECORD — SENATE S371 against their principles, it will hurt ward, the education and training for in the rules that they would limit a the least fortunate among us by the next generation of farmers and young person’s exposure to direct sun- threatening the much-needed assist- ranchers will be severely disrupted. light if the temperature reaches a cer- ance and outreach provided by reli- We have relied upon 4–H, FFA, and tain limit once you factor in wind ve- gious groups across the Nation. county extension programs to provide locity and humidity. How does that The seemingly endless number of reg- farm safety training and certification work in the practical world of agri- ulations this administration has hand- for a long time. The Department of culture and farming today? For some- ed down to the American people needs Labor now says they no longer want one in Washington, DC, to propose to end. Let us force the President to those programs to qualify because they rules that restrict a young person’s govern in a manner that respects the are too local. They want a national ability to work on a neighbor’s farm values of the American people, not just standard. They want to replace with a because of the amount of sunlight, his base. Protecting religious organiza- Department of Labor safety training wind velocity, and humidity is some- tions from this overreaching mandate program what has traditionally and thing that again, in my view, dem- is certainly an excellent place to start. very effectively occurred through 4–H, onstrates a lack of understanding I yield the floor. FFA, and county extension programs. about how things work in the real The PRESIDING OFFICER. The Sen- The Department has, in my view, ig- world. ator from Kansas. nored research that shows the pro- One would assume the Department of grams we currently have in place with f Labor, before making such drastic FFA and 4–H and county extension im- changes to farm labor rules, would CHILD FARM LABOR RULES prove the safety habits of young peo- have identified reliable evidence and Mr. MORAN. Madam President, I am ple, and instead criticizes these train- data to show the need for changes. In here today to raise once again a topic ing programs for being too locally driv- fact, the Department of Labor admits about how we raise our children in en and lacking Federal direction. Their it lacks the data to justify many of its rural America, and I want to talk for a solution is to nationalize these pro- suggested changes. few moments about the proposed De- grams and have them run by the De- Furthermore, according to the Na- partment of Labor child farm labor partment of Labor. In my view, local tional Farm Medicine Center, youth- rules. experts in our high schools, our FFA related injuries from farm accidents Last week, we had perhaps what programs, and our 4–H clubs should be have declined nearly 60 percent from would be considered a piece of good the ones conducting training programs 1998 to 2009. I have no doubt that if you news. The Department of Labor an- and educating our young people. And ask a farmer or a rancher about the nounced it would withdraw and repro- parents and communities should be al- importance of safety, they would tell pose the parental exemption portion of lowed to look after the best interests of you that safety is a top concern, espe- their proposed child labor rules. I am their families and their communities cially when they are dealing with a worried, however, despite this good and citizens. young person. But they would also tell news, there are still a lot of con- The Department of Labor, in addition you that critical to a rural way of life sequences that will occur as a result of to attacking the programs that are in is being able to train and encourage the proposed rules that are not being place, that are valuable to us in rural the next generation to safely and suc- withdrawn, and there is no suggestion America, is also proposing to change cessfully pursue careers in agriculture. the so-called agricultural hazard occu- they are going to be reproposed. If today’s young person is not given the pations. The proposed rules would pro- The thing I want to make clear to chance to learn at a young age what it hibit a young person under the age of my colleagues is that while the Depart- takes to operate a farm, we put at risk 16 from participating—even with the ment of Labor announced they were the future of agriculture in our Nation. going to withdraw a portion of the certification and safety training from I have always had a strong interest in rules, unfortunately, the majority of the Department of Labor—in doing agriculture. The economy of my State what is going to be offensive, difficult, such things as rounding up cattle on of Kansas revolves in many ways horseback or operating a tractor. and a challenge for our way of life in around the success of farmers and The proposed rules say you cannot be rural America remains. ranchers. Communities across our involved in production agriculture if Last year, of their own volition—no State are dependent upon the success, you are more than 6 feet off the direction by Congress—the Department ground. In today’s environment, in to- the profitability of production agri- of Labor proposed a set of rules to put day’s agriculture, tractors and com- culture. But I also have known and restrictions in place upon a young per- bines are 6 feet off the ground. strongly believe there is something son’s ability to work on a farm, includ- You can’t clean out a stall with a more than just economics to family ing their own family farm. What we are shovel and a wheelbarrow. Those are farms. This is the way that histori- talking about here is youth less than 16 things I am sure the 15-year-old does cally, in our country, in our Nation’s years of age. Those rules, as proposed, not want to do, but they are important history, we have transmitted our char- would actually restrict the ability of a to a family’s farming operation, they acter, our values, our integrity, our son or daughter to work on their par- are important to agriculture and of love of life, and our understanding of ents’ farm. value to a young person in their train- how things work from generation to The current rule is that if your par- ing and developing skills that are im- generation. It has worked. It has been ents own a substantial interest of that portant to them for the rest of their an important component of our coun- farming operation, you can work on life. try’s history, who we are as American your family’s farm. The rules as pro- They can’t work in a pen with a bull people. posed by the DOL are going to narrow or mama cow. Here is one that really Today, across Kansas, when I visit that definition, as follows: If your fam- stands out to me: No engaging or as- with business owners, they tell me ily operates in a family farming cor- sisting in animal husbandry practices they love to hire farm kids because poration or a limited liability com- that ‘‘inflict pain upon the animal,’’ they have a different characteristic, a pany, these new restrictions would such as branding, breeding, dehorning different makeup, a standard that is apply. Fortunately, that portion of the vaccinating, castrating, and treating different from other people. They learn proposed rules the Department of sick animals. The ‘‘inflicting pain’’ re- something about reliability and that Labor has withdrawn, and I assume striction sounds like something more work does not get done if you do not they will be reproposing what their def- than an interest—‘‘inflicting pain’’ show up, that it is not about punching inition of a family farm is. sounds like a different standard than the clock to check in and to check out, The point I want to make is that so really worrying about the young per- that a calf is born at times that are in- much of the proposed rules yet remain, son’s safety. These are important tasks convenient to a farmer. There is just a and the remaining portions of the rules that have to be done on a farm and different set of characteristics a young still threaten to fundamentally alter that young people can safely do. person develops by growing up and agriculture as we know it today. If the One additional example that stands working on a family farm. If these DOL rules, as now proposed, go for- out to me is that they are suggesting changes go into effect—and the rule as

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Unfortu- the Department of Labor within sev- they have also donated $1 million to nately, because of the actions of this eral months as to what the final regu- start the Ole Miss Opportunity Schol- administration, Americans now do. lations will be—if these rules go into arship Program, which helps children This is a huge mistake that I hope effect as they are written, not only will in Mississippi with special financial the administration is currently recon- we see a shrinking rural workforce, but needs to have the opportunity to at- sidering, and if they do not, Congress our Nation’s youth will be deprived of tend college. will act. The first amendment rights of valuable career-training opportunities Manning has served as a member of the American people must be pro- and a certain way of life many of us President Bush’s Council on Physical tected. Those of us who recognize the highly value will disappear. Fitness and Sports and is active with fundamental importance of religious It is important to us as a country— many other organizations, such as the freedom to our Nation will see to it certainly to a State such as mine—that March of Dimes and the American Red that it is respected by this government a young person experience the value of Cross. His commitment to voluntarism and restored in full. farming. I do not know how many and national service is very impressive I yield the floor. I suggest the ab- times you talk to somebody who has and worthy of high praise. sence of a quorum. determined what their career is going I am very proud to congratulate Eli The PRESIDING OFFICER. The to be based on an experience they had Manning and the New York Giants as clerk will call the roll. as a young person and their ability to Super Bowl champions. The assistant bill clerk proceeded to know what they want to do with their The PRESIDING OFFICER. The Re- call the roll. life is determined by the experiences publican leader. The PRESIDING OFFICER. The Sen- they had as a young child. Our country f ator from Missouri. Mr. BLUNT. Madam President, I ask cannot afford to lose the next genera- HHS MANDATE tion of farmers and ranchers. unanimous consent that the order for This rule should be withdrawn in its Mr. MCCONNELL. Madam President, the quorum call be rescinded. entirety. We know rural America’s val- throughout my Senate career I have The PRESIDING OFFICER. Without ues are not always Washington values, spent a lot of time defending the first objection, it is so ordered. and in the weeks ahead I ask my col- amendment. Most of it I spent defend- Mr. BLUNT. Madam President, I leagues and Americans across the ing one particular clause of that want to talk about this recent HHS di- country to express their opposition to amendment, the one relating to the rective to faith-based organizations on the Department of Labor for this de- right of free speech, but recent events health care and suggest that it is ex- structive rule. Do not allow it to move have shown quite unexpectedly the ur- actly the kind of problem many of us forward so we can protect our values gent need to defend another clause in were concerned would develop when the for the next generation of American the first amendment. I am referring, of government said it was going to take a farmers and make sure rural America course, to the right of free exercise of greater role in deciding what health remains a great place to live, grow, and religion. care would be like and who would make raise a family. Make no mistake, the Obama admin- health care decisions. In this case, I yield the floor. istration’s decision to force religious what kind of insurance could an em- The PRESIDING OFFICER. The Sen- hospitals, charities, and schools to ployer give its employees if it is a reli- ator from Mississippi. comply with a mandate that violates gious organization? f their religious views is abhorrent to There are several pieces of legisla- the foundational principles of our Na- tion that might deal with this issue. TRIBUTE TO ELI MANNING AND tion. No one in the United States—no My guess is there will be several more THE NEW YORK GIANTS one—should ever be compelled by their unless the administration deals with it Mr. COCHRAN. Madam President, I government to choose between vio- quickly and withdraws the position am pleased to rise in the Senate today lating their religious beliefs and being they have taken, which is that faith- to congratulate Eli Manning and the penalized for refusing. Yet that is pre- based institutions would have to offer New York Giants football team for cisely what this mandate would do. health insurance policies that violated their great victory in the National One out of six patients in America is their faith principles. It is a funda- Football League championship game. treated at a Catholic hospital. Catholic mental first amendment right of Amer- As most Senators probably know, Eli is Charities is the largest provider of so- icans to have the ability to pursue a graduate of the University of Mis- cial services to poor children, families, their faith-based principles. sissippi and he lives in Oxford, MS, dur- and individuals in America. The Catho- In the Religious Freedom Restora- ing the off-season. lic Church runs the largest network of tion Act of 1993, passed by a Congress The Giants’ 21-to-17 victory was the private schools in this country. These with a Democratic majority in both second NFL championship for this institutions have thrived because they the House and Senate and signed by team in the last 4 years. have been allowed to freely pursue President Clinton, it appears to be Eli Manning began the game by com- their religious convictions in a country clear that this is an incursion that the pleting his first nine passes, which was that, until now, respected their con- law itself, as well as the Constitution, a new Super Bowl record, and he was stitutional right to do so. But this rul- does not allow. One of the most objec- named the Most Valuable Player of the ing should send a chill up the spine of tionable issues about the White House game. He became the fifth player in people of all religious faiths and even position—the administration’s posi- NFL history to win multiple Super of those with no faith at all because if tion—is that we want you to change Bowl Most Valuable Player awards. the state—in this case, the Federal your principles, and we are going to During the regular season, Manning Government—is allowed to violate the give you a year to accommodate that threw for 4,933 yards and 29 touchdown religious rights of one religion, then change. passes, including a NFL record of 15 surely it can violate those of others. If Principles based on faith cannot be touchdown passes in fourth quarters. the rights of some are not protected, accommodated in a year. In fact, they He also led six game-winning drives the rights of all are in danger. Isn’t should not be accommodated in a life- that allowed the Giants to overcome that what history clearly teaches? time. They are exactly that; they are deficits in the final stage of their Isn’t that what the Constitution is all principles based on faith. This is about games. about? institutions that run hospitals, Manning and his wife Abby have sup- The Obama administration has schools, daycare centers, all sorts of ported many worthy causes and have crossed a dangerous line. The Founders things under the umbrella of the mis- made a strong commitment to the knew that the right of religious belief sion of who they are. This is about how health and education of young people is inviolable. They gave this God-given their employees relate to them as pro- in Mississippi. They have made a right the pride of place they knew it viders of health care insurance and the pledge to raise $2.5 million for the Eli deserved, right there in the first kind of insurance they provide. This is

VerDate Mar 15 2010 01:08 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.041 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 7, 2012 CONGRESSIONAL RECORD — SENATE S373 not about just anybody you might run Rights. The first amendment to our impossible choice of violating their into; this is someone who has chosen to Constitution makes clear that Con- core beliefs in order to comply with a work for one of these institutions. This gress shall make no law respecting an mandate or dropping employee insur- is someone who has chosen to affiliate establishment of religion or prohib- ance coverage altogether. We should themselves with one of these faith- iting the free exercise thereof. not be putting these organizations that based organizations. Unfortunately, I see the administra- do great work throughout this country Clearly, the Catholic bishops are out- tion chipping away at these bedrock in that position. And, again, this is not raged. I have a letter here from Bishop freedoms as it engages in a troubling an issue that just applies to the Catho- Carlson in St. Louis that was read in pattern here with respect to this rule, lic Church; this applies to all religious Missouri churches last week talking and I think we saw that the President’s institutions. about this, and it says: In so ruling, the new mandate on religious institutions I would ask my colleague from the administration has cast aside the First highlights the deep flaws in the health State of Missouri: As a result of our Amendment to the Constitution of the care bill. concerns about the actions of the ad- United States, denying to Catholics This unconstitutional law was moved ministration, we have offered legisla- our Nation’s first and most funda- through Congress and signed by the tion to address this, and what does that mental freedom, that of religious lib- President 2 years ago without the type legislation do in order to make sure erty. As a result, unless the rule is of due consideration, transparency, or that this mandate does not go forward? overturned, we Catholics will be com- accountability we would all expect, and Mr. BLUNT. That is a good point. I pelled either to violate our consciences we have been suffering the con- wish also to say that this is not about or to drop health coverage for our em- sequences since. It is highlighted with just about one set of religious beliefs. ployees and suffer the penalties for what we see with these recent man- The current discussion is about specific doing so. The administration’s sole dates from Health and Human Services. items in a health care plan, but there concession was to give nonprofit em- I wish to share some of the concerns are lots of faith-based groups with dif- ployers, like hospitals and universities, my constituents have raised about ferent views of how you deliver health which do not currently provide such these mandates that were recently services that have been working on coverage—the coverage which the ad- issued by Health and Human Services. these issues for some time now, and I ministration was demanding—one year There is a letter I received this week met with a lot of these groups. This is an issue of conscience, whether it is in which to comply. from William Edmund Fahey, who is I have another report from the chief the president of Thomas More College the Catholic Church, the Christian of the Catholic military chaplains who in Merrimack, NH, and he says: To con- Science Church, the Seventh Day Ad- wanted to send a letter to be read and dition the availability of medical bene- ventist Church, the Baptist Church that I am a member of. There may be which the military initially said could fits upon a community’s willingness to different views of this, but the views not be read. The U.S. Army said that violate a cardinal teaching of its faith are not views that can be put forth by the letter written and sent by the arch- effectively prevents the full practice of the government, and that becomes the bishop in charge of Catholic military its religion; and thus, again, violates government view. chaplains could not be read in services. the free exercise of a constitutional There was a recent Supreme Court And after a discussion with the Sec- liberty. case, Hosanna Tabor Lutheran Evan- retary of the Army, that was changed He pleaded with our delegation, the gelical Church and School v. Equal Em- but apparently only if some of the let- New Hampshire congressional delega- ployment Opportunity Commission, ter would be taken out. tion, and he said: I hope you will see where the Court voted 9 to 0 that faith- This is way over the line of where the that the mandate undermines the Con- based institutions have privileges that government should be. Unfortunately, stitution, compromises the integrity of others do not have because that is what it is exactly the line that many of us the government and abuses the makes them faith-based institutions. feared would be crossed whenever the foundational principle that free asso- The hiring decisions, the firing deci- government begins to think that the ciations form an essential part of the sions, the workplace decisions are dif- government is the person to make social fabric of the United States. ferent because if they are not different, health care decisions, whether that is a We are fortunate in New Hampshire it is just another school or another decision that you and your doctor to have a number of very effective hospital that might happen to have a should be making between the two of Catholic institutions and organiza- theology department or might happen you or the kind of insurance you and tions. We have the Catholic Medical to have a chapel once a week. That is your family choose to have or, in this Center in Manchester which serves so what it is. case, the kind of insurance you and the many in the Manchester community Senator AYOTTE, Senator RUBIO, and institution you represent chooses to and surrounding areas. The Catholic I have worked on various ways to ap- offer to the people who are working Medical Center has also expressed con- proach this. We offered a bill some there. This is wrong. I think people cerns about the mandate, saying: It weeks ago on these issues of conscience know it is wrong. This is something would force us to offer services that that would create a respect for rights that cannot be allowed to stand, and I were against our ethical and religious of conscience. The Respect for Rights wish to turn to my friend from New directive or force us not to offer insur- of Conscience Act, which was drafted Hampshire to talk about this with me ance altogether. early last year, has the full support of for a little bit. They added: Neither are acceptable the major groups that are concerned The PRESIDING OFFICER. The Sen- options. about these conscience issues. The ator from New Hampshire. The president of one of our great col- Christian Medical Association, the Ms. AYOTTE. Madam President, I leges in New Hampshire, Saint Anselm Becket Fund, and others have said that certainly share the concerns of my col- College, President Jonathan DeFelice, we need to be concerned about these league from Missouri, and I share the said: In a country and a State that val- issues, whether it is a hiring decision concerns of my constituents in New ues and respects individuals’ rights to now or a health care decision, and what Hampshire and citizens across this Na- exercise their religious beliefs and live do we do to protect health care pro- tion who see the recent rule issued by according to their conscience’s best viders and insurers, including pur- the administration for what it is, an light, it is simply appalling to think chasers, from being forced to violate unprecedented, unnecessary affront to that this mandate is anything other their own principles by buying a policy religious liberty in our country. than an unprecedented incursion into or offering a policy that provides I wish to say at the outset that this freedom of conscience. things they don’t believe in their faith issue is not limited to the Catholic I have heard many concerns from my group are the right things to offer. Church. The administration’s new constituents, and I would hope that I saw one of the President’s advisers health care mandates on religious in- Health and Human Services would stop early this morning beginning to back stitutions impact all religions. Reli- what it is doing right now, this man- away from this and say: Suddenly this gious freedom is a foundational Amer- date that places religious institutions one year has become—we are just seek- ican right enshrined in our Bill of in this impossible position, with this ing information during this year. That

VerDate Mar 15 2010 01:08 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.043 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S374 CONGRESSIONAL RECORD — SENATE February 7, 2012 is not what they were doing at all. cancer—that dread ‘‘C’’ word—includ- have ever loved. CBO, though, scored it What they are doing is saying, you are ing breast cancer, cervical cancer, lung at something such as $50 million. The going to comply with this rule and we cancer. They are the highest killers of CBO’s score sunk the Murkowski are going to give you a year to figure women: lung cancer, cervical cancer, amendment, but the Mikulski amend- out how to compromise your principles and breast cancer. Then there are the ment prevailed, in which we said we in a way that applies, and that is the silent killers of women: undetected di- will leave it to the Institute of Medi- wrong thing to do. Whether it is the abetes as well as the consequences of cine to determine what would be some Respect for Rights of Conscience Act or heart and vascular disease. What did of these amendments for women. other legislation, if the administration we talk about in the health care bill to So guess what we have. In our pre- doesn’t take care of this administra- deal with these issues? We talked about ventive health amendment, which is tively, I believe it will be taken care of the fact that we needed preventive now the subject of such debate, such legislatively. services, that we believed in early de- controversy and, unfortunately, such When you have bishops, church lead- tection, that we believed in screening misinformation, our amendment said ers, and people who have spent their for early detection so we could identify this: First of all, if a woman is over 50, lives dedicated to hospitals, schools, those consequences that would nega- she gets a free yearly mammogram, and other institutions that reflect tively impact women in terms of their one of our highest risks. Second, if a their faith principles, you cannot sud- health care. woman is over 40, she gets an annual denly decide that those don’t matter or One of the things we know is that well woman preventive care visit. This they can be changed in a year. They many women don’t have health insur- then goes to the screenings that then also will need to have some legal cause ance at all. Seventeen million are un- go to the highest risk for the highest of action to pursue this, just like the insured. Women are most likely to ne- diseases we have. We have early detection and early Religious Freedom Act in 1993 created glect their treatment because of cost. screening. For young women who are cause of action. One cannot go in and Women of childbearing age are also pregnant, we guarantee they can be have an unreasonable incursion on the even more at risk because they are per- screened for diabetes, but also in our faith beliefs of people under the first forming jobs that tend to be starting prevention amendment we provided for amendment. No matter how good you out and they don’t pay for health in- maternity services. We provide for ma- think the cause might be, it is not good surance. ternity services so these women can enough to violate that fundamental We tackled a lot of this in the health care bill. I am so proud that one of the get proper prenatal care. Working with principle. their doctor, we can ensure the health Senator AYOTTE has had lots of con- first things we did was end general dis- of the mother and survivability and the tact—I think many of us have. If you crimination in health care—the puni- tive practices of insurance companies ability to carry her pregnancy to term. were in a military service last week, We looked out for those maternity ben- discriminating against women by you might have heard one of these let- efits. charging more for women of the same ters read. I saw the line that had to be IOM also said that as part of preven- taken out of the letter apparently that age and the same health status as men. tion we should add contraceptive cov- the Army wouldn’t otherwise—was But we came together, united, and erage. That was a recommendation not passed it as part of the affordable standing in front of, but was read in of Senator BARB and not of Senator health care act, and we ended gender the other services, which was the line JEANNE SHAHEEN; this was a rec- that said: We cannot, we will not com- discrimination. ommendation of the Institute of Medi- Then we saw that simply being a ply with this unjust law. cine. Why do they say that? First of woman meant being treated as a pre- When the government begins to tell all, there are over 15 or 20 percent of existing condition. I held a hearing people to do things that violate their women who need to take birth control faith principles, the government has about this that was bone-chilling, when in order to deal with the medical issues gone too far. we listened to how women were dis- associated with their menstrual cycles. The PRESIDING OFFICER. The Sen- criminated against and aspects that This isn’t the place to go into the biol- ator’s time has expired. had happened to them were viewed as a ogy of being a woman, but for many Mr. BLUNT. I yield the floor. preexisting condition. In eight States if this is where people long before—young The PRESIDING OFFICER. The Sen- a woman was a victim of domestic vio- women and adolescents who were not ator from Maryland. lence, she could not get health insur- sexually active were experiencing some Ms. MIKULSKI. Madam President, ance. significant hormonal problems. So it is what is the parliamentary situation? In another bone-chilling story, which not always about being sexually active. The PRESIDING OFFICER. The ma- was breathtaking, a woman testified at So this whole thing about the preven- jority controls the time until 6 p.m., our hearing that because she had a C- tive amendment being all about birth and Senators are limited to speak for Section, her insurance company told control is so exaggerated, so over- up to 10 minutes each. her they would drop her from their in- blown, so out of context with what we f surance plan unless she got sterilized. wanted to do. I am shocked and—I am That was in the hearing. She had a let- WOMEN’S HEALTH just shocked. ter from her insurance company. We We looked at our bill, in addition to Ms. MIKULSKI. Madam President, I were aghast on both sides of the aisle, my amendment, and we included pre- claim 10 minutes of the Democratic regardless of how one feels about some ventive services for men and women, majority time. I come to the floor to of these reproductive issues. Nobody those services that affect both sexes, speak about women’s health. I come to felt that should happen in America. So including colorectal screening for speak about the issue of prevention, the people on the committee, led by adults over 50. That also includes pros- and I want everybody to fundamentally myself, said: We can’t have that. So we tate screening for men. We have diabe- remember what we debated and what have ended discrimination against tes and high blood pressure screening. we did in the health care bill. women getting health care on the basis There is also the ability to do alcohol For the first time in a long time, our of preexisting conditions. misuse screening which, in many in- Nation is talking about women’s We wanted to go further, and one of stances, is an undetected and silent health. Am I glad to hear that. It has the issues we looked at was that of pre- killer not only of lives but of families. mostly been happening on the morning vention. This is a subject of great de- So one of our major thrusts was pre- talk shows and on the front pages of bate. The very first amendment on the vention. We won maternity benefits so our newspapers. But, unfortunately, Senate floor during the health care de- a mother can be safe and well herself too much of the conversation isn’t bate was one to add preventive health and be able to carry her pregnancy to about women’s health; it is politics dis- care benefits. I offered an amendment, term in a way that ensures the health guised as women’s health. and the Senator from Alaska, Ms. MUR- of both the mother and the child, when What should we be talking about KOWSKI, offered a counteramendment. the child is born. The fact that we had when it comes to women? We should be Her amendment was terrific. She had these other screenings, including mam- talking about the top killers of women: every preventive service that I would mograms, prostate cancer, diabetes—

VerDate Mar 15 2010 01:08 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.044 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 7, 2012 CONGRESSIONAL RECORD — SENATE S375 the things that are killers of us all— work to move our citizens to greater to affordable birth control for all some of these will close the health dis- health care and remove the financial women. The decision requiring health parity gap because so many African- and other societal barriers to getting care plans to cover contraception with American men face terrible problems health care in our society, with a fan- no copays or deductibles will improve with high blood pressure that leads to tastic emphasis on prevention. We have the lives of millions of women and the terrible consequences of stroke. Di- gotten off to the wrong debate and the their families. abetes is rampant in our country but wrong discussion. Let’s get back to Birth control pills can cost up to $600 particularly rampant among people of talking about how we improve the a year. It can be a serious economic color. So that is what we were doing. health care of women and how we can issue for some women. Studies have I find it troubling that instead of fo- keep moving on our preventive aspects shown it costs employers as much as 17 cusing on our preventive health serv- that not only help women but help the percent more to exclude contraceptive ices, we are focusing on birth control. men who so love us and support us, and coverage in employee health care plans Birth control was never the focus of we want to return the favor by making than to provide such coverage. health care reform. It was a rec- sure they get their screenings too. Birth control is also a fundamental ommendation to be included in the I yield the floor. health care issue. Doctors and public benefit that came from the Institute of The PRESIDING OFFICER (Mr. health experts agree that increased ac- Medicine. CASEY). The senior Senator from New cess to birth control prevents unin- There is another bit of confusion out Hampshire. tended pregnancies. It is directly there about mandating churches to do Mrs. SHAHEEN. Mr. President, I am linked to declines in maternal and in- something against their will. I wish to pleased to be able to join my colleague fant mortality and a reduction in the draw a distinction between what the from Maryland to try and point out risk of ovarian cancer. It is linked to bill does and mandating the provision how this issue is being manipulated. overall good health outcomes. of service and providing insurance cov- Almost 2 years ago, Congress—this Permanent and temporary contracep- erage. The bill does include insurance institution—voted to end discrimina- tion is critical for family planning pur- coverage. But there is no place in the tion against women by health insur- poses, but many women—a full 14 per- bill that mandates a religious organiza- ance plans. We voted to make it easier cent—use birth control for medical and tion provide something against their for women to seek referrals to see the health reasons, including helping to re- principle in providing a service. So if health specialists they need, and we duce the risk of some cancers, treat- you are St. Mary’s Hospital, you do not voted to give women greater access to ment for endometriosis, serious infec- have to give out birth control in your affordable preventive health care serv- tions, and cysts. women’s health clinic. If you are Notre ices, including contraception. Let’s be clear. In talking about the Dame University or Georgetown Uni- These are important historic ad- health benefits of birth control, I am versity or a Catholic women’s college, vances for women’s health, and they not telling women they must use it. you do not have to give out birth con- should not fall victim to ideological The decision on whether to pursue con- trol in your student health clinic. policies. traception is an individual choice that What the Obama-Sebelius regulations Over the last several weeks, we have each woman must make for herself say is that there has to be insurance seen women all across this country with her family. No part of the afford- coverage available, particularly to stand in huge numbers to support wom- able care act or the President’s ruling those who are non-Catholic. For all of en’s health. That grassroots support regarding insurance coverage forces us who go to these wonderful institutes will be needed again and again to stave any woman to use contraception. and have benefited from their services, off ideological attacks on women’s However, birth control will now be they are nondiscriminatory. One does health care. affordable and accessible for any not have to be Catholic to teach at a Over the past year, House Repub- woman who, in consultation with her Catholic college. One does not have to licans have repeatedly attempted to doctor, decides she needs or wants to be Catholic to work at a Catholic hos- both eliminate funding for title X fam- use it. The policy represents one of the pital. One does not have to be Catholic. ily planning and Planned Parenthood. greatest advances for women’s health So these institutions hire people of a Thankfully, we have been able to block in decades. variety of religious preferences. I don’t want to get into a debate on these attempts in the Senate. Sadly, there is an aggressive and mis- Ninety-seven percent of the reproduc- the first amendment, but I do welcome leading campaign to deny this benefit a debate on what the health care bill tive health services provided by to women. A conscience clause exists did and what it intended. Planned Parenthood in New Hampshire that exempts religious institutions The health care bill, I felt, was one of and across the country is preventive such as churches from having to carry the greatest social justice initiatives I care. As we all know, preventive health insurance that covers contraception. have participated in in the Senate. It care lowers health care costs and saves Mr. President, 335,000 churches and was going to work and organize in an lives. their employees in this country are ex- effective way to make sure we were on We were reminded of the important empt. Many have argued that con- the road that every American had ac- role Planned Parenthood plays in pre- science clause should be expanded to cess to affordable care. Then we re- ventive health when the Susan G. include religiously affiliated hospitals moved the barriers that were not only Komen Foundation decided to end its and universities in the name of reli- financial but often these discrimina- contracts with the provider. It is unfair gious liberty. tory practices, these punitive practices to politicize women’s health in the way The millions of women who work in a that often were directed against we saw played out in the media last Catholic hospital or university—from women and preexisting conditions or in week. Women from across the country the overnight nurse to the classroom gender discrimination and the way let their voices be heard. The 750,000 aide or cafeteria worker—who choose they set their prices. women who received breast cancer to use birth control should have the The best care is preventive care, and screenings at Planned Parenthood clin- same access as their counterparts at one of the tools well known in the pub- ics with support from the Komen Foun- other institutions. That is their deci- lic health field is these screenings tests dation deserve better. They did not ask sion. It is not their employer’s. that we worked to provide, and we to be thrown into the political fire. There are religions that believe di- turned to the eminent and distin- They merely sought detection and vorce is a sin. Should these institu- guished people in learned societies, in treatment against a life-threatening tions be exempt from our labor laws this case the Institute of Medicine, to disease. and be allowed to discriminate based tell us not based on politics but to tell I am pleased Komen reversed that de- on marital status? Of course not, and us based on science what the benefits cision. this is no different. should be, and they added contracep- I also commend the President for A recent survey showed that 71 per- tive coverage. standing for women’s health and re- cent of American voters, including 77 That is the history. I hope it clears affirming the recommendation of the percent of Catholic women voters, sup- up the misinformation. But we did Institute of Medicine to protect access port the requirement to make birth

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The original version of extreme agenda, but they should know that all women—Catholic or non- their bill did not even include an ex- we are going to fight back just as hard Catholic—should have the opportunity ception for the health of the mother. in the Senate, as we clearly saw this to make their own decisions when it Finally, they introduced a bill right past week, with the voices of millions comes to birth control. away that would have rolled back of people across America who feel very I applaud the President for his deci- every single one of the gains we made strongly that politics should never sion and for putting women’s health for women in the health care reform come between a woman and her health above politics. bill. care—men and women who will be We know ideological attacks on Their bill would have removed the watching what is happening here in DC women’s health care will continue. But caps on out-of-pocket expenses that and who, I am confident, stand ready I thank my colleagues who are here protect women from losing their homes to act again. today for speaking out against those or their life savings if they get sick. I am proud to be here with my col- who want to turn the clock back on It would have ended the ban on life- leagues today. I am proud of the vic- women, who want to limit access and time limits on coverage. tory of last week, and I am determined availability of women’s health serv- It would have allowed insurance com- to remain vigilant and keep up the panies to once again discriminate ices. We are watching, and we are going fight for women, for men, and their against women by charging them high- to continue to be watching. families. I yield the floor. er premiums or even denying women I yield the floor. The PRESIDING OFFICER. The Sen- care because of the so-called pre- The PRESIDING OFFICER. The Sen- ator from Washington. existing conditions—such as being ator from California. Mrs. MURRAY. Mr. President, last pregnant. Mrs. BOXER. Mr. President, I am It would have rolled back the guar- week, we saw something amazing hap- also very proud to be here with my col- antee that insurance companies cover pening in communities across the leagues. I think Senator MURRAY was contraceptives, which will save the country. When the news got out that eloquent, along with Senator SHAHEEN overwhelming majority of women who the Susan G. Komen Foundation had and Senator MIKULSKI. I am here to put use them hundreds and hundreds of dol- cut off funding for breast cancer it in my own words; that is, here they lars a year. screenings at Planned Parenthood, men We know ensuring access to effective go again. Sadly, politics has once again and women across this country were birth control is directly linked to de- entered into women’s health care. This just outraged. They did not understand clines in maternal and infant mor- time we see an attempt to deprive the decision, they did not agree with it, tality, reduced risk of ovarian cancer, women of a critical benefit: access to and they did something about it. better overall health outcomes for contraception through their health in- They picked up their phones, they women, and far fewer unintended preg- surance plans. talked to their friends, they e-mailed, nancies and abortions, which is a goal Just last week, what did we see? A they tweeted, they called their elected we all share. move to punish women by taking away officials, they made their voices heard Contraceptive coverage should not be their free breast cancer screenings all loudly and clearly, and they got re- a controversial issue. It is supported by because of rightwing politics. sults. the vast majority of Americans who Before that, as Senator MURRAY elo- On Friday of last week, Komen did understand how important it is for quently indicated, we saw a Republican the right thing and announced they women and families. move to defund family planning be- had reversed their initial decision. I I also wish to note that the afford- cause of politics. wish to commend them for that be- able contraceptive policy we put in My Republican colleagues almost cause their mission and their great place preserves the freedoms of con- shut down the government over family work in the fight against breast cancer science and religion for every Amer- planning, and now, if they have their is just too important to get mixed up ican. Churches and other religious in- way, millions of women could lose in partisan politics. stitutions are exempt, and no doctor their contraceptive coverage, which But although that reversal was a would ever have to dispense contracep- could expose them to declining health great victory for so many women and tives if that is at odds with his or her outcomes and their babies to declining men across the country, let’s be clear: religious views. health outcomes and could cost them Our fight for women’s health care did But it also protects the rights of the about $600 a year. not end there. There are still many millions of Americans who do use con- Let’s step back and look at where we who continue to push partisan politics traceptives, who believe family plan- are. ahead of women’s health, and we need ning is the right choice for them per- Some months ago, the Institute of to make sure the grassroots support sonally, and who do not deserve to Medicine, which is comprised of a num- and energy that successfully came to- have politics or an extreme minority’s ber of leading scientific and health ex- gether to right this wrong last week ideology prevent them from getting the perts, made a decision. continues to stand firm against each coverage they deserve. They advised the Obama administra- and every attack that comes our way, I am very glad, joining with all my tion on what preventative benefits because we do know those attacks are colleagues, that we beat back that ef- should be included for women—specifi- coming. Republicans in the House of fort by the House Republicans, and I cally for women—in new health insur- Representatives have been waging a truly wish to commend President ance plans. That is what this whole to- war on women’s health since the mo- Obama for moving forward with this do is all about. This organization that ment they came into power. sound policy for women across Amer- has nothing to do with politics and ev- After campaigning across the coun- ica. Because that is what this is truly erything to do with health care made a try a year and a half ago on a platform about. It is what it needs to be about: very clear recommendation to the of jobs and the economy, the first three women and their health care needs, not Obama administration. They said there bills they introduced were direct at- partisan politics, not point scoring. are a number of preventative benefits tacks on women’s health in America. House Republicans and their allies that should be included for free for the The very first one, H.R. 1, would have have demonstrated they will stop at women of this country: screening for totally eliminated title X funding for nothing to politicize this issue. Last gestational diabetes, HIV screening, family planning and teen pregnancy year, they even threatened to shut cervical cancer prevention, annual well prevention. It included an amendment down the Federal Government in a women visits, and access to contracep- that would have completely defunded failed attempt to defund an organiza- tion. Planned Parenthood and cut off sup- tion that provides critical health care Now, just as these women, our port for the millions of women in this services for millions of women in this women of this Nation, are ready for country who count on it. country. Now they are trying to cut off these preventative services—services Another one of their opening round contraceptive coverage for women they need, services most of them of bills would have permanently codi- across America. want—my Republican friends, from

VerDate Mar 15 2010 01:08 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.047 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 7, 2012 CONGRESSIONAL RECORD — SENATE S377 Presidential candidates Romney to issue have an extra year to determine Let me tell you something else some Newt Gingrich to the Senate and House if they are going to offer this or how folks may not know; that is, on many Republican leaders—I heard Senator they can do it. They may be able to occasions when a woman wants to be- MCCONNELL threaten legislation to find a way in that year to get women come pregnant and has irregular cycles take away these benefits—to Speaker access and at the same time not violate and cannot, she will be put on birth BOEHNER to individual Republicans in their consciences. They have an extra control pills. A British scientific study both Houses, they are gearing up to re- year to do that. But, oh, no, we are came out and showed that after 5 years peal one of these benefits: access to going to see legislation—I can assure on birth control pills, women who birth control—access to birth control. you we are going to see legislation to wanted to get pregnant had a decreased Now, I believe women in this country overturn this, legislation that even risk of delayed conception—so they deserve respect. Some of them do not goes further than this. And it is going were better able to become pregnant want access to birth control. They to be a battle on the floor of the Sen- and become mothers. So this is not have a religion that dictates their ate, I am afraid. some simple pat statement. This is views, and they have every right to I am not afraid of the fight; I wel- about making sure the women of this make that decision. Others decide that come it because, let’s be clear: Vir- country—the young women, the mid- they need to have access to birth con- tually all women have used birth con- dle-aged women of child-bearing age trol. So the Obama administration said trol at some point in their lives. Let and older woman who have other condi- to the women of this great Nation that me repeat this. Virtually all women tions—get the medicine they need— they believe there ought to be access. have used birth control at some point and, by the way, get them for free be- But I think it is very important that in their lives, including 98 percent of cause $600 a year for many middle-class the Institute of Medicine said: No ex- Catholic women. That is a fact. And 71 or working poor women is just out of ception. They think access to contra- percent of American voters, including reach. ception is so important to women’s 77 percent of Catholic women voters, So I say to my Republican friends health, they did not want any excep- support the administration’s policy. who came to the floor previous to our So if my colleagues decide they are tion. But the Obama administration statements, do not punish women going to take this issue on in the face made an exception for churches and for again. Do not try to. Under the admin- of overwhelming support for this policy religious institutions, and under the istration’s plan, churches are respected by the American people, I say we are Obama administration’s rule, 335,000 and women are respected. All sides are religious organizations will not have to ready. We are ready to make the case. Access to birth control is directly respected. No one is forced to use birth offer birth control if they have a con- linked to maternal and infant health. control; it is up to the women. In 28 science reason not to do so. That is a This is not some theoretical right. It is States more than 50 percent of the compromise. women already have this benefit. Why Remember, the health experts said: a right that is necessary. Health ex- perts tell us that women with unin- are you bringing politics into this? No exceptions. The Obama administra- tended pregnancies are less likely to My Republican friends want to turn tion said: Well, I want to respect the get prenatal care in the first trimester, back the clock on birth control. Some religious institutions and so I will and in some cases they never get it. If of us remember the days when birth allow them, if their mission is reli- there is one thing that should unite us, control was illegal. Well, I have news gious, and the people they serve and it is healthy babies, healthy outcomes for them. This is the 21st century. the employees they hire are basically from healthy pregnancies. That is what Wake up. Look at your calendar. It is of one religion, they are a religious in- we are talking about. the 21st century, and women ought to stitution, they will not have to offer I want to talk about something else be respected. Women ought to be trust- contraception in the health care bene- we do not hear enough of. I want to ed, and their families ought to be fits to their employees. compliment Senator GILLIBRAND on trusted and respected. We are not going But guess what. There is another this because she is the one who brought quietly into the night on this one. We part of this equation. Women. Women. this issue to my attention. will be here. We will fight back. We They have to have their religious be- A full 14 percent of women who use will fight for women and their families liefs respected. That is why the Presi- birth control pills—that is 1.5 million and health care, and we will fight to dent also said: If you run an organiza- women—use them to treat serious med- keep politics out of the equation. tion that serves a diverse number of ical conditions, not to prevent preg- I yield the floor. people from different religions, and so nancies. One of those conditions: De- The PRESIDING OFFICER. The Sen- on, and different beliefs, let them have bilitating monthly pain, irregular cy- ator from New Jersey. the right to make that decision if they cles, conditions like endometriosis, se- want to obtain free birth control Mr. LAUTENBERG. Mr. President, I rious conditions. come to the floor now as a father and through their insurance. I just learned of a young woman at Now, here is the thing. This outcry is a grandfather. Bonnie and I have five Georgetown University. Their insur- daughters and are grandparents of astonishing to me since 28 States al- ance policy did not cover free birth eight granddaughters. Nothing in our ready assure access to birth control. I control. Her doctor told her she had a family and nothing in families across have never heard any of my col- serious medical condition and she this country have anything more crit- leagues—maybe they did. Maybe they needed to use birth control pills that ical on their minds than the health of did come on the Senate floor and com- had nothing to do with pregnancy or their children and their daughters and plain. But more than half of our anything else, or preventing preg- our families. women—over 28 States, more than half nancy. It was a serious medical condi- of women have similar access to birth tion. The diagnosis was—I may not say Women in this rich country have a control. So this is not some new ben- it right—polycystic ovary syndrome. right to expect affordable quality efit. This is just making sure all Now, what happened is, she was told: health care. But those rights are under women, except that very narrow band You must go on birth control pills. But attack, and the attack is coming from that work for strictly religious institu- we at Georgetown, we will not pay for what I call the ‘‘maleogarchy’’. tions, have the right to have access to that benefit. She had to go out and get Several years ago, I initiated the free birth control. it. It was more than $100 a month. She name ‘‘maleogarchy’’ right here on the The outcry is unbelievable, a polit- could not afford it. Within months she Senate floor. A maleogarchy is made ical outcry making this a political developed a large ovarian cyst that had up of men in Congress who always de- issue when it is a medical issue. The to be removed surgically. In addition, cide what they want to do for women, President compromised. He said: If you she lost an ovary. even taking away their rights. are strictly a religious institution, you So please do not stand here and tell These days the maleogarchy has de- do not have to do this if you do not us that women do not need access to clared war on women’s health. We saw want to. birth control pills or contraception be- it when the Republicans in the House Now, here is the other thing. All or- cause we have story after story after tried to defund Planned Parenthood. ganizations that have any religious story. Now we are seeing it again this week in

VerDate Mar 15 2010 01:08 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.049 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S378 CONGRESSIONAL RECORD — SENATE February 7, 2012 the Republican efforts to take away af- tion and Planned Parenthood are get- care plans to cover a core packet of fordable birth control, basic health ting back to doing what they do best— preventive health services, moving our care for women in our country. protecting women’s health. country dramatically and historically Under a historic provision of the Let’s be clear. It would have been toward a trend of overall lifetime health care reform law, health insur- wrong to take away resources that health. ance companies will be required to could save their lives, just as it is The Institute of Medicine—an unbi- cover contraception with no additional wrong to deny women the right to af- ased scientific organization—was copays or fees. This landmark require- fordable contraception. So I call on my tasked with evaluating the most im- ment is scheduled to go into effect this Republican colleagues to disband the portant preventive services to include summer. But as women cheer this new maleogarchy view. Join us and stand in the best health outcomes for women, law, the maleogarchy is looking to up for women in our country. Politics seeking those best health outcomes for take it away. don’t belong in our doctors’ offices, ex- every woman in America. This sci- Here in the Senate, there is a Repub- amination rooms, or in our medical entific organization named birth con- lican bill to get rid of these benefits for clinics. Politics should never be used to trol as one of those core benefits—birth women. Imagine. This body, principally block women’s rights to get the care control. Let’s be very clear. We are made up of males, wants to take away they need for healthier lives. I ask my talking about birth control—the pill benefits for women. friends on the other side of the aisle to that 99 percent of women use as part of The top Presidential candidate on consider what they are doing before their daily preventive health care. At the Republican side is Mitt Romney. they vote to take away those rights. some point in their lives, 99 percent of He just said one of the first things he Mr. President, I yield the floor. women use it. will do—I heard it, everybody heard it; The PRESIDING OFFICER. The Sen- That very same benefit—coverage for it was loudly broadcast, it was vividly ator from Connecticut. it—is guaranteed by 28 States around broadcast on television—he will do as Mr. BLUMENTHAL. Mr. President, I the Nation. They already require the first thing, if elected, is overturn am honored to rise today after my dis- health care plans to cover it. And more these new policies making birth con- tinguished colleagues have spoken on than half of the women of our Nation trol more affordable. Imagine. That is this issue so powerfully and eloquently, live in those States. Now the radical why he wants to be elected. I hope the but I do so reluctantly because I rise in right would seek to take away that American public is listening carefully the face of a continuing assault on guarantee—that coverage, that basic to what is being said. women’s health care in this country— health care outcome. They would take Affordable birth control shouldn’t be an assault on women’s health care that away that right—repeal it, restrict it, controversial. I thought we put this is unworthy of our political system be- remove it as an option for women. That question to rest long ago. Back in 1965, cause these health care decisions in- is unacceptable. the Supreme Court overturned the volving women should be made by Women spend an average of $500 per State of Connecticut’s ban on contra- them. They are a matter of their con- year for birth control—a cost men will ception. Today, 99 percent of women ei- science and their choice. Politics has never have to incur. That is why the ther use birth control or have used it no place in health care decisions. Institute of Medicine recommended at some point during their lives. It has This assault is waged by a group on that birth control be included as part become a critical component of health the radical right. It is an ideologically of the package of preventive services care for women in our country. But, as based attack on personal health care without copays—because costs should so many women know, birth control is decisions of women and their families, not be a barrier to those 99 percent of also significantly expensive. One-third and they are wasting taxpayer dollars women in the United States who use of all women have struggled to pay for doing it. This ideologically based stand birth control. Yet the radical right has it, and even if you have health insur- on women’s health care over these decided that the politics of taking ance it is a struggle. Copays for birth years is nothing less than unconscion- birth control away from women is control can be as much as $50 a month, able and unbelievable. more important, and they have used and $50 a month adds up to $600 a year. I have only been in this body for a every tool in their arsenal—creating Yet now the other side wants to take short time, but one of the first votes I misunderstandings—to try to take this this benefit away. President Obama cast was on H.R. 1, which wasn’t about right away from women, including mis- and many of us in Congress believe growing jobs or strengthening our representing what the administration that is fundamentally unfair. economy, it was known best for com- has decided to do. One of these Mr. President, everyone needs to pletely eliminating the funding for re- mistruths they are spreading is that speak against this attack on women’s sponsible family planning programs. churches will be required to offer birth health, just as they did last week when The fact is family planning can prevent control. Not so. Another is that insti- the Komen Foundation—a foundation unintended high-risk pregnancies, re- tutions affiliated with churches will be that was named after Susan Komen, a duce abortion rates—reduce abortion required to provide those services. Not young woman who died of breast can- rates—and they are cost-effective. true. What any institution is required cer—allowed a partisan agenda to can- They provide $4 of return for every $1 to cover is, in fact, the coverage, not cel its mission to fight breast cancer. that is spent on family planning, in- necessarily provide the service, and Imagine that—this organization named vested in those programs. But there are that is a key distinction. for a young woman who died, and now some on the radical right who would The majority of Americans agree they want to cut out these examina- rather have the people of our Nation that employers should be required to tions for women who wish to see pay $11 billion a year in unplanned provide their employees with health whether breast cancer is ahead for pregnancies rather than receive a near- care plans that cover contraception them. Komen tried to cut funding to ly threefold return on investment for and birth control at no cost. The ma- Planned Parenthood, a trusted provider family planning services. jority of Americans believe that is of lifesaving breast cancer exams for This debate is about more than dol- true. Nearly two-thirds of young Amer- hundreds of thousands of women in our lars and cents, and it is about more icans of childbearing age agree that country. Across America, women were than cost. It is about protecting the employer health care coverage should offended, hurt, and angry, so they right of every woman to receive good- include birth control at no cost. spoke up and spoke out against quality preventive care and equal ac- In short, this decision should be a Komen’s narrowminded decision. Peo- cess to preventive health care benefits matter of conscience, a matter of ple were outraged and justifiably so. from the provider they trust. And these choice for individual women. Politi- I was proud to bring together more decisions should be made between the cians should not be permitted to ex- than two dozen of our Senate col- provider a woman trusts and herself. ploit it, as some are doing now. I stand leagues to join the fight. We persuaded In 2010, Congress took a great step for women making choices about their Komen to see the error of their ways, forward, as my colleague Senator MI- own health care, and I stand against and they reversed their decision a few KULSKI has described so powerfully. A politicians telling them what they days later. Now the Komen organiza- decision was made to require health should do. This issue before this body

VerDate Mar 15 2010 01:23 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.050 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 7, 2012 CONGRESSIONAL RECORD — SENATE S379 and this Nation is one of the critical released that showed the majority of Mr. President, I yield the floor, and I issues of this time, and politics has no catholic voters support coverage for suggest the absence of a quorum. place in these health care decisions. prescription birth control. The PRESIDING OFFICER. The Mrs. FEINSTEIN. Mr. President, I Seventy-one percent of American clerk will call the roll. rise to discuss the continued attacks voters, including 77 percent of Catholic The bill clerk proceeded to call the on the rights of women to control their women voters, support health plans roll. own reproductive choices. covering birth control without co-pays. Mr. CASEY. Mr. President, I ask Women should have access to com- Moreover, 28 States, including Cali- unanimous consent that the order for prehensive reproductive care and fornia, already require employer-pro- the quorum call be rescinded. should be able to decide for themselves vided health plans to include contra- The PRESIDING OFFICER (Mr. how to use that care. ception coverage if the plan provides REED). Without objection, it is so or- Here is the problem. The politics of prescription drug coverage. dered. women’s health care has reached an ex- In 2004, the California Supreme Court treme point, most recently with the de- held that Catholic Charities was no dif- f cision of the Susan G. Komen Founda- ferent from any other employer and EXTENSION OF MORNING tion to stop funding for breast cancer therefore required to provide contra- BUSINESS screenings at Planned Parenthood. ception coverage for their employees. Following the outrage of millions of I agree. Mr. CASEY. Mr. President, I ask men and women around the country, Access to contraception can reduce unanimous consent that the period for the Foundation reversed its course, at rates of unintended pregnancy, help morning business be extended until 7 least for this year. with certain health problems, and re- p.m, with Senators permitted to speak A year ago, House Republicans duce the risks of some cancers. Ex- for up to 10 minutes each. passed a budget that would have elimi- panding the exemption would have The PRESIDING OFFICER. Without nated the Title X Family Planning caused unacceptable harm to women. objection, it is so ordered. The administration should keep this Program and defunded Planned Parent- Mr. CASEY. Mr. President, I suggest exemption narrow. the absence of a quorum. hood. House Republicans insisted on in- Annually, these programs serve al- The PRESIDING OFFICER. The cluding a ban on local funding for abor- most 8 million Americans nationwide clerk will call the roll. tions in the District of Columbia in the providing primary care, cancer The bill clerk proceeded to call the fiscal year 2012 appropriations bill. screenings, well baby care, contracep- They have introduced and passed nu- roll. tive services, education, annual exams, merous bills that would significantly Mr. BROWN of Ohio. Mr. President, I STD and HIV testing, and flu vaccines. restrict a women’s right to choose. ask unanimous consent that the order These programs provide critical This past October, the House passed a for the quorum call be rescinded. health care services to many women bill that would prohibit Federal funds The PRESIDING OFFICER. Without who simply cannot afford to go any- from being used for any health plan objection, it is so ordered. where else. that offers abortion coverage. f It is ironic to defund these programs This would mean that any women re- because family planning education and ceiving Federal subsidies to help them FOOD AND PRODUCT SAFETY access to contraception can save afford health insurance would effec- ENFORCEMENT money. For example, title X supported tively be prohibited from purchasing Mr. BROWN of Ohio. Mr. President, family planning centers prevented coverage that included abortion serv- products that are labeled ‘‘Made in 406,000 abortions and saved taxpayers ices. $3.4 billion in 2008 alone. Last May, the House passed a bill China’’ can be found in our cars, in our The same House-passed budget would that falsely claimed to end public fund- closets, and in our cupboards. So too have also eliminated the Teen Preg- ing for abortion. There are already are the ingredients in the foods we eat nancy Prevention Program. Teen preg- stringent Federal protections that pro- often, the medicine we take, the candy nancy costs taxpayers billions of dol- hibit Federal dollars from being used our children enjoy, and the toys they lars annually. for abortions; this bill was not about play with. But how many times have Recently, the Obama administration that. we heard in the last few years of illness announced its final policy on contra- Instead this bill was an attempt to and death from contaminated foods or ception coverage as part of the preven- reopen a contentious debate and to im- drugs or toys that were made in China? tive health services recommended for pose unprecedented limitations on In Toledo, OH, patients died after tak- women. The policy concluded employ- women using their own money for ing contaminated Heparin to treat ers are required to provide no-cost con- abortion services. their heart conditions. traception or another option to their Even worse, this bill would have al- Drug manufacturers have acknowl- employees. lowed hospitals to refuse to provide edged that they turn to countries such The administration included a very abortion care or refer a patient to a as China to buy ingredients to put into narrow exemption to this requirement, hospital that would provide it, even pharmaceuticals. U.S. companies often and allowed religious organizations, when a woman’s life is in critical dan- move production to China, buy ingredi- such as churches or synagogues that ger. ents there, put these drugs together, primarily employ people of their own This attack on women’s health must and sell them back into the United faith, to opt-out. be defeated. All women deserve access States with ingredients that may not This narrow religious exemption, to quality comprehensive health care, pass some of the safety inspections which does not include hospitals, uni- regardless of their income level or they should. One company acknowl- versities, or other organizations with place of employment. edged that 17 percent of its active in- religious affiliations, was the right de- There is a balance between respect- gredients in manufacturing are cision. It ensures that millions of ing America’s democratic values and outsourced, often to countries with women of all faiths, including nurses, increasing access to important health weaker drug safety standards. janitors, doctors, and college instruc- services for women. In addition to When high lead levels were discov- tors, will access to good health care, being a health concern, for many ered in toys several years ago, I urged including contraception, if they want women it is an economic concern as stronger oversight to help keep our it. well. children safe. Four years ago, I asked A nurse seeking employment should Better health policies for women help Dr. Jeffrey Weidenhamer of Ashland not have to choose between one em- them save on out of pockets costs. University in north central Ohio to ployer who provides contraception cov- When women are healthy, communities test lead levels. He had already begun erage and one who doesn’t. are healthy. I will continue to stand testing with the students, and we asked Access to contraception is widely for women’s health and fight for equal him to do it again, to test the lead supported. Today, two new polls were access to care. level in Halloween toys, including the

VerDate Mar 15 2010 01:23 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.052 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S380 CONGRESSIONAL RECORD — SENATE February 7, 2012 cups and the buckets that Ohio chil- That act has been a success. Last products they sell back into the United dren would be eating out of and decora- year, Dr. Weidenhamer conducted an- States. tions families would be using that chil- other test and found no lead-based Probably unprecedented in economic dren often put into their mouths dur- paint contamination in Halloween or world history is where companies ing the holidays. He tested products in items. shut down one place, move overseas, the fall of 2007 for Halloween and the But there is a gap in our trade sys- produce the same item, and then sell spring of 2008 for Easter toys. He iden- tem that threatens public health and them back into the home market. We tified 12 of 97 products contaminated public safety. We passed a law to close know that with that whole trade regi- with high quantities—much higher that gap. Public safety has benefited, men, that whole construct of that busi- than what is considered safe by our and companies are still able to make ness plan of shutting down production government—high lead contents in this and sell their products in this free mar- and moving overseas and selling back lead-based paint on our toys; among ket. in, there are significant health and them, candy buckets, drinking cups, One year ago, Congress passed and safety problems. Again, there are prob- fake teeth, and other Halloween props. the President signed into law the bi- lems with lead-based paint and there At Easter, it was eggs and baskets and partisan Food Safety Modernization are problems with the safety of other other things. It included products Act. The law provides the FDA with consumer items. There are problems bought at leading national retailers. the tools needed to better protect our with food safety, there are problems At the same time, it was clear that food supply, to recall tainted or adul- with pharmaceutical ingredients con- our trading system, patterned in many terated food, and to respond more ef- tamination, and now there are prob- ways and with businesses following fectively to foodborne illness out- lems with pet foods. this business plan of shutting down breaks. It empowered the FDA with The Food and Drug Administration production in places such as Rhode Is- new authority to establish a has logged more than 350 reports of pet land, which the Presiding Officer rep- traceability system; that is, when a illnesses thought to be connected to resents, and Ohio, shutting down pro- product comes to your table, whether chicken jerky treats made in China. duction in our country and moving it it is food in this case, a pharma- Although the FDA has already issued a to China, manufacturing products ceutical, or whether it is a toy, the warning about illness, they have not there, and selling products back here, company that sells that product needs yet for sure identified a contaminant. that trade system has failed basic con- to be able to trace back all the ingredi- The treats remain on market shelves in sumer and public safety standards. ents, all the components, where they stores across the country. There is nothing free about trade came from, how they were produced, I would never on this Senate floor that puts children in the hospital for and under what conditions they were suggest people buy something or boy- playing with a toy or eating candy or produced. It is that type of public safe- cott something else. I would suggest, brushing their teeth. That is why Con- ty infrastructure that is so important. though, that people look at the product gress passed the Consumer Product Yet, as we have seen with food and when they buy something for their pet Safety Improvement Act. The act sent toys and drugs imported from China, and that they look at where it is made a simple message to the Consumer now we are seeing it with pet food. Yes- and make the judgment based on that. Product Safety Commission, which is terday I met with Kevin Thaxton of I am calling on the FDA to accel- charged with protecting consumers: Cuyahoga County—the Cleveland erate its investigation of imported pet Protect American children, protect area—whose wife Candance wrote to food, especially food imported from families, protect companies from un- me after one of their dogs, a 9-year-old China, where the possibility of food safe and possibly fatal products. pug, died from kidney failure. They contamination is higher. That is the That job has gotten a lot harder to thought it was the pug simply getting FDA’s job. protect the American public on food older. I had a pug once, and they don’t Earlier this week, I sent a letter to products, on toys, on pharmaceuticals, usually live much beyond 10 years. Dr. Hamburg, the FDA Commissioner, and on pet food, which I will discuss, Then, as they got another dog that got urging her agency to act swiftly to because the business plan for so many sick immediately, they figured out it make sure that products found to be companies has been to shut down pro- was likely from eating Chinese-made harmful are pulled from retail outlets. duction in Canton, OH, and move it to chicken jerky treats. Until the second I have asked the FDA to improve its Guangzhou, China, shut down produc- dog, they didn’t make the connection notification system so pet owners tion in Toledo or Dayton, OH, and between the pet food and the pet ill- know about items under investigation move it to Wuhan or Shiyan, China, in ness, when the second dog, the puppy, for pet food safety breaches. The FDA order to save money, in order to cut had a life-threatening illness. should promptly pursue efforts to find worker safety costs, in order to evade Another Ohioan, Terry Safranek, the contaminant in these pet treats environmental and consumer regula- joined us at our meeting 2 days ago. and ensure they are pulled from store tions sometimes. Terry lost her 9-year-old fox terrier shelves to prevent any unnecessary pet The new law that we passed meant earlier this year. She did not realize deaths. that hundreds of thousands of toys and that tainted chicken jerky treats could Contaminated toys, hard-to-trace food and other imports from China and be responsible for her dog’s death until medical ingredients, and now pet food elsewhere can be recalled when they she saw the Thaxton’s story on the have all forced Americans to turn to are unsafe. The key is inspection of evening news. the government to ensure the safety of these products, and the key is making These two families, the Thaxtons and the products we import. It is a problem the companies liable that outsource the Safraneks, and the 62 percent of with trade law that we have set this up the jobs to China in order to save U.S. households who own a pet to happen far too often. money. We don’t want more court shouldn’t have to worry about the safe- It is an example of when government cases and more litigation, but if these ty of the food they give their pets. It is works when we stepped in on lead- companies are going to move produc- an example again of a trade issue based paint, kept those products off the tion to China, they need to take re- transforming into a safety issue. market, and made sure that products sponsibility for the toys if the toys To explain this, so many companies coming in now are safer because we have been painted with lead-based in the United States as part of their passed the consumer protection revi- paint. They need to take responsibility business plan decide—in order to save sion. It shows that government step- for the pharmaceutical ingredients— money, in order to evade consumer pro- ping in, in the right way, can make a sometimes dangerous ingredients that tection laws, food safety laws, worker difference in saving the lives of chil- somebody has somehow put in these safety laws, and environmental laws, dren, protecting people’s pets, pro- pharmaceuticals when production or for whatever reason—to move their tecting pharmaceuticals—making sure comes from China. They need to be production to China, with significantly that pharmaceutical safety is guaran- careful about food safety. They need to cheaper labor. They shut down in Co- teed as much as possible. be careful about treats for pets that lumbus or Cincinnati, OH, and they We have been down this road before. have been contaminated. move to China to manufacture these There is nothing free about trade that

VerDate Mar 15 2010 01:23 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.055 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 7, 2012 CONGRESSIONAL RECORD — SENATE S381 undermines basic health rules. There is health insurance plan that covers con- about this policy changes the Presi- nothing free about trade that weakens traceptives that has led to this recent dent’s firm commitment to maintain safety rules, the very rules that help controversy, this outpouring, this out- strict limitations on Federal funding keep food safe to eat and water and air burst of political accusations. for abortions. No Federal tax dollars safe to drink and to breathe. The FDA Here let me emphasize people of are used for elective abortions. should take action now to protect strong faith and good conscious have Let me quote what Governor Romney American pet owners from tainted very different views when it comes to said in Colorado just yesterday: products that can harm the health of these matters. I understand that. I Just this last week, this same administra- their pets. have great admiration for the many tion said that in churches and the institu- It has been a longtime victory for the contributions that religious institu- tions they run, such as schools, and let’s say American people that the air we tions make to our country. Catholic adoption agencies, hospitals, that they have breathe, the water we drink, the food charities provide vital assistance to to provide for their employees, free of we take, the toys we buy for our chil- low-income Americans. Religious uni- charge, contraceptives, morning-after pills— dren, the treats we buy for our pets— versities teach and prepare thousands in other words abortive pills and the like at no cost. of young people to be outstanding citi- we have done a good job in this country Mr. Romney said. in the last several decades of the gov- zens and productive members of our so- ernment partnering with businesses to ciety. In fact, I attended law school at Think what that does to people in faiths without sharing those views. This is a viola- make sure these products are generally Catholic University right up the street. tion of conscience. safe for our families—for ourselves, for I also attended Catholic elementary Mr. Romney, this does not cover our children, and for our pets. Now, schools and Catholic high school. morning-after pills. And the adoption these holes in our trade laws—these Catholic hospitals are instrumental agencies and the hospitals do not have trade laws that encourage companies in providing first-class health care to to provide free of charge contracep- to go overseas and produce products so many of our fellow citizens. I have tives. All they have to do is to make and sell them back here—clearly have spoken many times about the care that available, through the broad insurance undermined so much of what we have Mercy Hospital in Des Moines, a Catho- coverage they have, for women who accomplished bipartisanly for so many lic hospital, gave to my father when he choose to use contraceptive services, years for the health and safety of the was elderly and in bad health because that they can get those without any American public. of black lung disease and he had no Thus the role of government can be money. They provided care for him at copays or deductibles. But this does important to show that we do know no cost. So I have very deep feelings not cover the morning-after pill. Yet I how to do this to protect our families. about the generosity and the care that keep hearing it. I urge the FDA to step in here on this these religious hospitals provide. I was working out this morning while issue and help American families. It is for this reason I would oppose watching CNN, and somebody else Mr. President, I yield the floor. any measure that threatens the funda- came on talking about how the Catho- The PRESIDING OFFICER. The Sen- mental religious liberties of these in- lic Church is opposed to abortions; ator from Iowa. stitutions. I believe, however, that the they should not be forced to fund abor- tions. This has nothing to do with that. f President properly balanced the essen- tial health care needs of women with All it says is, if you have a broad-based WOMEN’S PREVENTIVE HEALTH the rights of religious institutions. Let insurance policy and you are not a reli- SERVICES me clarify what this rule does, and gious institution or a church and you Mr. HARKIN. Mr. President, I most importantly does not do since are, let’s say a hospital, and you have watched many of the statements made folks, such as Governor Romney, are insurance that covers a broad array of by so many of our women Senators who misleading the American people—per- people, we have said that insurance came to the floor in the past hour to haps intentionally distorting the must cover a broad variety of preven- talk about this issue of women’s pre- facts—using the issue for demagoguery. tive services: mammograms, cervical ventive health services. I was unable to First, churches and other houses of cancer screening, well-women visits— get to the floor at the time. I want to worship are specifically exempt from all of that—and contraception—and be here now because, unfortunately, the requirement that they carry insur- contraception, a preventive service. there is a lot of confusion about what ance plans that provide contraception. Mr. Romney is going around saying the Affordable Care Act does and does Second, no individual health care these things, but it is not true. It is not do with respect to women’s preven- provider, neither religious nor secular, simply not true. He is either mis- tive health services. will be forced to prescribe contracep- informed or he is purposely trying to As chairman of the Health, Edu- tion. The President and his administra- mislead the American people—neither cation, Labor and Pensions Committee tion have previously and continue to of which is acceptable. As I said, and as someone who is very much in- express strong support for existing con- churches and other houses of worship volved in crafting this legislation, es- science protections. Moreover, other are specifically exempt from the re- pecially the preventive services part of religiously affiliated organizations quirement that they carry insurance that legislation, I hope to explain the that employ people of different faiths— plans that provide contraception. facts and debunk the myths and the such as Catholic colleges and hos- Second, no individual health care misinformation that has recently aris- pitals—can qualify for a 1-year transi- provider, neither religious nor secular, en on this issue. tion period as they prepare to comply will be forced to prescribe contracep- First, women—nurses, teachers, pro- with the new law. tion. No individual will be forced to fessors, homemakers, attorneys—ev- Let me point out, no individual will buy or use contraception against her eryone from all walks of life, all be forced to buy or use contraception. own conscience. All the rules the Presi- women in America now have the right No individual will be forced to buy or dent announced ensure that all women, to preventive health care services. Be- use contraception. Under this policy, no matter who their employer, have ginning this August, the Affordable women who want contraception will the opportunity to enjoy the same in- Care Act guarantees that insured have access to it through their insur- surance and the same vital preventive women will have access to expert rec- ance without having to pay a copay or services—every woman. In fact, there ommended preventive health care serv- deductible, but no one will be forced to is nothing radical about such a policy. ices. These basic services include well- buy or to use contraception. Let’s Fifty percent of Americans currently women visits, mammograms, prenatal make that clear. live in 28 States that require insurance care, cervical cancer screenings, and Drugs that cause abortion, such as companies to cover contraception. contraception. RU486, the morning-after pill, are not Imagine that. These critical services will be offered covered by this policy. Let me repeat Several of these States—such as Ari- without any out-of-pocket costs such that. Drugs that cause abortion, such zona, New York, Oregon, and Cali- as copays or deductibles. It is the lat- as RU486, the morning-after pill, are fornia—have had this law in effect for ter, the ability of women to have a not covered by this policy and nothing years, saying if you have insurance

VerDate Mar 15 2010 01:23 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.056 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S382 CONGRESSIONAL RECORD — SENATE February 7, 2012 coverage, you have to provide contra- system that does provide broad preven- system. There are aspects of this bill ceptive services under that broad cov- tive services to every woman in Amer- that I do not agree with and would erage of insurance, and these four ica. That is what this is about. have done differently. States have identical religious em- I yield the floor. I suggest the ab- The FAA authorization expired in ployer exemptions as the rule the sence of a quorum. October of 2007. For more than 4 years, President announced. The PRESIDING OFFICER. The we have been operating on short-term Let me repeat, Arizona, New York, clerk will call the roll. extensions—23 total short term exten- Oregon and California have identical The legislative clerk proceeded to sions. The FAA, airlines and flying religious employer exemptions, the call the roll. public all deserve a long-term author- same as the rule the President an- Mr. REID. Mr. President, I ask unan- ization to provide certainty to our na- nounced. I did not hear Mr. Romney imous consent that the order for the tional aviation system. going after the Governors of Arizona or quorum call be rescinded. One reason I voted for this legisla- of New York or Oregon or California. The PRESIDING OFFICER (Mr. tion is that it is a jobs bill. The FAA This has now become a political issue, UDALL of Colorado). Without objection, estimates commercial aviation is re- and it should not be. It should not be. it is so ordered. sponsible for 5.2 percent of gross do- mestic product and generates $1.2 tril- Religious institutions continue to f serve the public by providing exem- lion in economic activity. The aviation plary health, education, and anti- MOVING AHEAD FOR PROGRESS IN industry provides $346 billion in earn- poverty services in these States, and I THE 21ST CENTURY ACT—MOTION ings and 11 million jobs. And this bill am hopeful that nothing will change in TO PROCEED will help grow those numbers. the rest of the country. Twenty-eight Mr. REID. Mr. President, I now move The funding provided in this bill will States, half the people who already live to proceed to Calendar No. 311, S. 1813. support 280,000 jobs. The economist in those States that cover the same The PRESIDING OFFICER. The Mark Zandi said, ‘‘Aviation is the glue thing. clerk will report the motion. that keeps the global economy to- The health of women in this Nation The assistant legislative clerk read gether.’’ This bill will boost our econ- omy now and keep the United States is far too important to become a sound as follows: competitive in the global marketplace bite on the evening news, a headline in Motion to proceed to Calendar No. 311, S. the morning paper, or political rhet- in the future. 1813, a bill to reauthorize Federal-aid high- As importantly, this bill will improve oric—again, to divide us. The Presi- way and highway safety construction pro- dent’s policy and what we have done grams, and for other purposes. the safety of our aviation system. Im- proving runway safety is one of the Na- does not divide us. In fact, if anything CLOTURE MOTION tional Transportation Safety Board’s it unifies the country. I do not think Mr. REID. Mr. President, I have a anyone thinks we should pass a law ‘‘Most Wanted’’ list. There were 988 cloture motion at the desk. runway incursions last year. This year banning contraceptives. We did in the The PRESIDING OFFICER. The clo- there have already been 66 incidents. old days, you know. There was a Su- ture motion having been presented This bill will require FAA to review all preme Court case about that. As a mat- under rule XXII, the Chair directs the commercial service airports in the ter of fact, I read it in law school when clerk to read the motion. United States and initiate action to I was at Catholic University Law The assistant legislative clerk read improve lighting, signage, and runway School: Griswold v. Connecticut, if I as follows: and taxiway markings. am not mistaken. CLOTURE MOTION Another key component of this bill is The Supreme Court said, no; the We, the undersigned Senators, in accord- NextGen, the term we use to describe State has no interest, no vital interest ance with the provisions of rule XXII of the our transition from radar-based air in telling women they cannot use con- Standing Rules of the Senate, hereby move traffic control system to a GPS-driven traceptive services and devices. That is to bring to a close the debate on the motion system. NextGen will give pilots and an old case. If someone is conscience- to proceed to Calendar No. 311, S. 1813, a bill air traffic controllers the ability to ac- to reauthorize Federal-aid highway and high- bound and they say they don’t want curately pinpoint aircraft in the sky— to—that is fine. No one is being forced way safety construction programs, and for other purposes: to avoid problems, to monitor traffic, to do anything against their con- to move things more smoothly, safely sciences. No one is being forced to do Barbara Boxer, Max Baucus, Mark L. Pryor, John D. Rockefeller IV, Ben- and efficiently. The FAA has called for anything we have not already done in jamin L. Cardin, Al Franken, Jack action on implementing NextGen. this country in 28 States. But now it Reed, Sheldon Whitehouse, Amy Klo- Last year, U.S. airlines carried 704 has become political rhetoric. How else buchar, Bernard Sanders, Patrick J. million passengers. Soon, those num- do we explain Mr. Romney’s total mis- Leahy, Tom Udall, Frank R. Lauten- bers will increase significantly. The information? To try to divide us as a berg, Richard Blumenthal, Jeff FAA reports that U.S. airlines will country again. Merkley, Richard J. Durbin, Harry carry more than one billion passengers Reid. It is time to put this aside. It is time by 2023 and more than 1.2 billion pas- to put aside these differences, these di- Mr. REID. Mr. President, I ask unan- sengers by 2030. Our outdated air traf- visions, and focus on giving people ac- imous consent that the mandatory fic control systems cannot safely and cess to the affordable health care they quorum under rule XXII be waived; fur- reliably handle this increase in traffic. deserve. That is what the Affordable ther, that the cloture vote on the mo- But with NextGen, we hope to triple Care Act does, and we should not let tion to proceed to S. 1813 occur at 2 the capacity of our national aviation political rhetoric, political gamesman- p.m., Thursday, February 9. system. ship, a political campaign again try to The PRESIDING OFFICER. Without This technology will allow planes to tear us apart, try to misinform people objection, it is so ordered. fly the straightest, quickest route from to inflame passions that somehow we f point A to point B. And with more pre- have gone off on a different path; that cise information and better commu- FAA CONFERENCE REPORT we are doing something totally dif- nication between the ground and the ferent than what we have done before. Mr. DURBIN. Mr. President, last cockpit, we can fit more planes safely We are not. We are not. To include in night, the Senate adopted the final in our airspace. Doing so will save air- this the inflammatory rhetoric of abor- version of a long term reauthorization lines at least 3.3 billion gallons of fuel tion and all that it entails is doing a of the Federal Aviation Administra- a year—or more than $10 billion annu- disservice to the women of this coun- tion. The process has been long and ally by 2025. NextGen should also re- try. less than elegant as we worked through duce airport delays significantly. I hope the truth will get out, that differences between the chambers, Chicago’s Midway Airport was this misinformation will fall by the across parties and regional differences. ranked dead last over the past few wayside, and people will see this for I voted for the bill and am pleased that months for on-time departures. Chi- the political rhetoric it is, and that we there is now more stable funding and cago’s O’Hare airport has won that du- will move forward with a health care policy to support our national aviation bious distinction more than once. The

VerDate Mar 15 2010 01:23 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.059 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 7, 2012 CONGRESSIONAL RECORD — SENATE S383 main reason for these delays is the some 4,000 Federal aviation workers insisted on a provision to make it hard- lack of capacity in our aviation sys- were furloughed, airline construction er for rail and airline workers to form tem. Fully implementing NextGen projects like the O’Hare Modernization unions. Now, we are days away from could reduce those delays by half. Project were threatened, and it cost the expiration of the latest of 23 short- NextGen will also save more than 1.4 the Federal Government roughly $25 term extensions to the FAA bill, and billion gallons of fuel and provide $22 million in tax revenue each day. the conference report includes another billion in savings to airlines and flyers. So, Senator REID made a tough deci- attack on workers’ rights. The Repub- This is a great investment. This bill sion—he negotiated with House Repub- licans need to get off of it with labor, will help airports and air travelers in licans for the removal of language and get on with the business of cre- Illinois and nationwide save time and overturning the National Mediation ating jobs. money. Board rule, but in exchange the bill Unions play a vital role in ensuring In Illinois, we are in the middle of now includes the current labor provi- safe and fair working conditions. We the largest airport expansion project in sion which could make it more difficult encourage the right to organize around U.S. history at O’Hare airport. This for workers to organize and form a the world. We need to encourage it on $6.6 billion project will completely re- union. It is unfortunate that Repub- our own FAA bill. configure the runways at O’Hare to licans insisted on bringing Federal Our rail and airline workers are hard make sure we can move more traffic in labor law into this legislation without at work every day protecting Ameri- and out of Chicago more efficiently. hearings or adequate debate. But I cans. They keep us safe and secure as Moving this project along means a lot could not allow Republicans to con- we travel. In return, they deserve a de- to the people of Chicago and Illinois. tinue holding this bill hostage. It is too cent wage and safe working conditions. O’Hare already generates 450,000 jobs important to airline safety, the econ- They deserve to have their right to or- and $38 billion in economic activity for omy, my State, and the country as ganize and negotiate protected. And the Chicago region and the State of Il- whole. they deserve our thanks and respect. linois. The O’Hare modernization Ms. MIKULSKI. Mr. President, I sup- I support a reauthorization of the project will create 195,000 more jobs, port a clean extension of the FAA bill. FAA bill, but I am not prepared to and another $18 billion in annual eco- But I cannot support the conference re- trade away our workers’ rights to get nomic activity. This bill will allow port that’s before the Senate today be- it done. I cannot support this con- O’Hare to keep moving forward by cause it includes a radical provision to ference report. funding the airport improvement pro- undermine our rail and airline workers’ Mr. LIEBERMAN. Mr. President, I gram at healthy levels. And it isn’t right to organize. rise today to voice my support to the just O’Hare. Airports in Illinois will The FAA bill is a jobs bill that keeps Federal Aviation Administration Mod- benefits from more than $3.3 billion per air safety employees and construction ernization and Reform Act conference year for AIP projects. workers at airports on the job. Accord- report which was passed by the Senate Last year, airports in the Quad Cit- ing to the U.S. Department of Trans- last night, and will provide a greater ies, Rockford, Decatur and Springfield portation, every dollar spent on trans- sense of financial security than the all used AIP program funds to make portation isn’t just an investment in Federal Aviation Administration, FAA, critical improvements to their air- concrete and steel, it is an investment has seen in a long time. No agency fields. Keeping this funding flowing in our workers that creates jobs. Reau- should be subjected to the budget un- will allow these airports to handle the thorizing this bill keeps thousands of certainties that FAA has been forced traffic of today and the future in- Federal employees and tens of thou- to experience, nor strung along year creases of tomorrow. sands of construction workers on the after year unable to make long-term The bill helps rural areas keep the job and not worrying about whether plans. For more than 4 years, the FAA commercial air service they have now they will receive a paycheck. has operated under more than 20 short- A reauthorization of the FAA bill and attract new service in the future. term funding extensions. I think that means 4 years of stability. It will mod- The Senate Conferees defeated an at- is unprecedented in the history of ernize and upgrade our air traffic con- tempt to completely dismantle the es- trol system. And it will provide billions agency funding. At any rate, it is no sential air service program. This bill in investments to improve our airports way to run a railroad or a national fully funds essential air service and with new runways, aprons, lighting, aviation system. puts in place important reforms so the I also support the conference report and land purchases. A clean FAA bill Department of Transportation works because it would finally allow the FAA saves jobs, protects the flying public, with businesses, local communities and to move forward on the NextGen air and stimulates our economy. the airline industry to start and retain But this FAA bill comes with a poi- navigation program, would give the quality air service to rural commu- son pill labor provision that was added passenger’s bill of rights the force of nities. in Conference. I cannot vote for such a law, and would provide billions of dol- Without a robust EAS program, radical provision that makes it more lars to improve and develop public air- many rural communities would have difficult for rail and airline workers to ports across the country. For these no commercial air service at all, and organize and sets a dangerous prece- reasons, the legislation is long overdue residents of smaller cities would have dent of opening the Railway Labor Act and sorely needed. to travel significant distances for up for hostile anti-worker amendments The conference report, however, does flights. This bill will ensure commu- on unrelated must-do transportation contain a provision about aviation se- nities in Quincy, Marion and Decatur bills. curity and the Transportation Security have scheduled commercial air serv- This is just another example in a per- Administration, TSA, that is deeply ice—an enormous tool for communities sistent pattern of attacking workers’ troubling to me and about which I feel to retain and attract businesses. rights. The Republicans have made it duty bound to express my disapproval. Scheduled air service as an important clear that the price of their support for At stake is TSA’s management of the requirement for many businesses when a much-needed investment in our air Screening Partnership Program, SPP, they choose a headquarters or office. infrastructure is to undermine our which allows a limited number of air- While I voted for this bill for all the workers’ right to organize and decide ports around the country to replace reasons I have already mentioned, I whether they want to be represented Transportation Security Officers, have very serious concerns about some by a union. TSOs, with private contractors to of the labor provisions included in this During the Senate’s debate of the screen passengers and their baggage. bill. Several times, Republicans held FAA bill last year, the Republicans TSA has implemented this program at up passage of a reauthorization bill on tried to strip hardworking Transpor- airports where, due to low-traffic vol- unrelated labor issues. And last year, tation Security Administration work- ume, full-time, year-round Federal these disagreements led to a lapse of ers of their collective bargaining staff is unnecessary. A handful of larg- authorization for several days before rights. er airports take part in the program so we were able to pass the latest short Last summer, the FAA shut down for TSA can measure and assess its per- term extension. During that lapse, 2 weeks because the House Republicans formance and cost effectiveness

VerDate Mar 15 2010 01:23 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.029 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S384 CONGRESSIONAL RECORD — SENATE February 7, 2012 against the private contractors. It is ited. After the Christmas Day 2009 at- tion and Reform Act. But I believe we telling that TSA’s assessment after tempted attack with explosives hidden should reconsider and revisit the lan- comparing the two systems is that it in a terrorist’s clothing, better screen- guage related to TSA’s Screening Part- can secure airports more economically ing technology was developed. These nership Program. I would urge my col- than private screeners can. are not hypothetical cases or academic leagues to remember the lessons Regrettably, some of my colleagues scenarios. They are real incidents and learned after 9/11 and work with me to in the House and Senate are resolved to the reason that TSA makes so many ensure we won’t make the same mis- undermine TSA—and therefore airport demands on the flying public. And we takes again. security itself—by advocating for the should not delude ourselves or the Mr. WYDEN. Mr. President, the long- pre-9/11 system of screening by private American people into thinking that awaited passage of the long term FAA contractors. My response to that is, adopting a contract workforce will reauthorization conference report is a how quickly we forget. eliminate the need for body scanners, great achievement for Chairman Mr. President, we have already tried pat-downs, or any other security proce- ROCKEFELLER, Ranking Member HUTCH- an aviation security system run by pri- dure TSA determines is necessary to INSON, and the many other Senators vate contractors. It very tragically did secure air travel. Regardless of wheth- and staff members who were involved not work. The 9/11 attacks did not er a U.S. airport uses Federal screeners in this legislation. I’m pleased with the occur because of one, two, or three spe- or private ones, the security proce- important nationwide achievements in cific vulnerabilities. They occurred be- dures implemented are the same. this bill—NextGen radar systems, im- cause a number of our defenses—in- Yet a provision has been tucked into proved passengers’ rights, and airline cluding our system of airport screen- this bill that would make it more dif- ticket transparency, to name a few. ing—were simply inadequate. ficult for TSA to maintain its current But I wanted to take a few moments I know everyone has vivid memories system by lowering the burden of proof to talk about the huge positive impact of the days after the 9/11 attacks, and it for admitting additional airports to the this legislation is going to have is hard to forget the dramatic loss of Screening Partnership Program. Right throughout almost every part of my confidence the public felt for the avia- now, airports must demonstrate that a home State of Oregon. tion security system. Air travel private screening workforce would be The big news for the Portland region dropped off precipitously in the weeks more effective, secure, and efficient, is that the new slot exemptions at and months after 9/11, the aviation in- than the TSA. The standard tucked Washington National Airport will like- dustry was shaken to its core, and our into this bill, however, would only re- ly allow for the first direct flight from economy suffered because of it. quire airports to demonstrate that Portland International Airport to It became clear to many of us that using private screeners ‘‘would not Washington National. This was not an aviation security was inseparable from compromise security or detrimentally easy victory for the northwest—many national security, and we could not, affect the cost-efficiency or the effec- of my colleagues from both sides of the and should not, rely on the private sec- tiveness of screening.’’ aisle had opinions on this issue and it While the TSA Administrator would tor to do the job. The security of our seemed like we were not going to be still have the authority to deny an ap- skies would have to become a govern- able to come to an agreement. But I’m plication to the Screening Partnership ment responsibility. Americans need to proud to say that both sides came to a Program, this lower standard would be safe and secure wherever and when- compromise that will improve air serv- make it far more difficult for him to do ever they travel. And while I would not ice in the northwest and throughout so. TSA Administrator Pistole has said want to cast blame or criticism on any the country. that the Screening Partnership Pro- one contractor, we have already wit- One of the things I’m most proud of gram should be used judiciously and nessed the results of a system utilizing is that this bill permanently protects that airport screening is and should re- private security companies which were Crater Lake from the threat of noisy main a core mission for the Depart- constantly pressured to focus on costs air tours. As most folks who have vis- ment of Homeland Security since 9/11, first and security second. ited Crater Lake know, the quiet and Less than 2 weeks after the 9/11 at- and I agree with him wholeheartedly. Another provision in the bill strikes peace of the park is just as important tacks, a bipartisan group of 21 Senators me as counterproductive. This provi- as its scenic beauty. This legislation introduced the legislation that would sion would require TSA to provide rec- says that Crater Lake is specifically off create TSA and turn airport screening ommendations to an airport that was limits to any overflights that might over to Federal officials. Barely a denied its application to the SPP on threaten that tranquility. month after 9/11, the Senate passed how that airport can overcome the de- This bill creates six new test areas that bill by a vote of 100 to 0. The bi- nial, if it decides to resubmit its appli- for commercial use of unmanned aerial partisanship of that vote was heart- cation. If TSA believes that it can systems. In Central Oregon, folks are ening and demonstrated a unity among screen passengers and baggage better excited about the potential for using Members that I wish we could experi- and with more cost efficiency than a those test areas to advance the cutting ence more often. In the years since, we private contractor, why would it pro- edge aviation industry that already ex- have had a few near misses, and our de- vide tips on how an airport can escape ists there. It’s also an opportunity to fenses have been penetrated more than that system? monitor wildlife, do meteorological once, but no hijackings or terrorist in- Private screening could also limit testing, and improve law enforcement cidents have been successfully carried TSA’s ability to react nimbly to intel- in the vast acres of public lands now out. In large part, we have a dedicated ligence threats. If screeners are pri- being co-opted by drug traffickers. corps of TSOs to thank for that. vately employed and managed airport Perhaps the folks who are most di- I know it is fashionable in some quar- by airport, TSA may not be able to re- rectly helped by this legislation are in ters to criticize TSA. Understandably, spond effectively by shifting personnel Independence, OR. Independence has a people are unhappy with pat-downs, to where it is most needed or modi- community of general aviation enthu- body scans, and invasions of privacy. fying procedures if it cannot exert di- siasts who live near Independence Air- But TSA establishes its policies for a rect control over screeners. port and who keep their planes on their reason. They are a direct response to Mr. President, private screening at own property. The FAA recently de- real terrorist threats, and they have airports could undermine not just pub- cided to change the rules on them, put- evolved as the threat has evolved. lic confidence in the aviation security ting their future in doubt. This legisla- When a terrorist put explosives in his system but in aviation security itself. tion erases that doubt and allows those shoes and tried to light them afire mid- We have been there and experienced folks to continue an arrangement flight in 2001, TSA asked passengers to the consequences of private screening. they’ve had for nearly 40 years with no remove their shoes for screening. When The American public must feel secure significant safety issues and no signifi- a terrorist plot was uncovered in 2006 when it travels, and security is the cant noise complaints. that involved lighting flammable liq- first priority of TSA. Finally, this legislation includes lan- uids aboard several planes, liquids, ex- Ultimately, I voted for the Federal guage to encourage recycling at air- cept in small quantities, were prohib- Aviation Administration Moderniza- ports, something I have been working

VerDate Mar 15 2010 01:23 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.037 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 7, 2012 CONGRESSIONAL RECORD — SENATE S385 on for nearly a half dozen years. I’m on property it had bought out. For the Church in America minister Reverend glad that it will provide important most part, that makes sense. But when Clark V. Poling. tools for airport recycling going for- a community wants to add flood pro- On February 2, 1943, the Dorchester ward. tection in the form of a levee, it should was making its way across the North I commend my colleagues for moving be allowed to do so. A levee across Atlantic, carrying 904 service men, this legislation forward as a positive HMGP-purchased land does not create merchant seamen, and civilian work- step for the country and for my home future liabilities for the Federal Gov- ers. This area was under constant pa- State. ernment; instead, it increases flood trol by German submarines; it was a f protection for local residents—some- dangerous area for American vessels thing that will save the government and several ships had already been FLOOD PROTECTION money in future flood situations. sunk between Newfoundland and Mr. HOEVEN. Mr. President, I thank The text of S. 2039 allows for levee Greenland, the Dorchester’s intended my colleagues for their help in passing construction on North Dakota land destination. At 12:55 a.m. on February S. 2039 by unanimous consent last purchased through the Hazard Mitiga- 3, a German U-boat spotted the Dor- month. This bill, which establishes a tion Grant Program. The legislation di- chester and fired 3 torpedoes at the pilot program in North Dakota, will rects the FEMA Administrator to ap- American ship, delivering a fatal blow. provide a great deal of help to citizens prove construction of a levee on HMGP The Dorchester began to take on in my State. land after the Administrator deter- water and would sink beneath the I sponsored this legislation because mines that the levee would provide bet- freezing ocean in under 25 minutes. Federal policy has stood in the way of ter flood risk mitigation than main- Many had been killed or injured in the flood protection measures necessary taining the property as open space. The initial blast, and panic set in as the for communities in North Dakota. I Administrator is also directed to en- passengers and crew attempted to find want to highlight a couple of situa- sure that the levee would comply with life vests and get into lifeboats. Many tions, one in Fargo and one in Minot, relevant levee construction and main- of the surviving passengers recall the that illustrate the need for this bill. tenance standards and would minimize calm disposition of the four chaplains First, Fargo, ND, has faced repeated future costs to the Federal Govern- who made their way to a storage locker flooding in the Red River, which runs ment. and handed out lifejackets. When there through the heart of the city. The city And I would like to put particular were no more lifejackets, the chaplains has constructed a permanent levee to emphasis on the subject of costs to the removed their own and gave them to run along as much of the river as pos- Federal Government. This legislation four passengers who were without. sible. However, over the years, some does not affect the amounts of money Rabbi Goode was seen giving away his properties along the river bank were provided under the HMGP program. It only pair of gloves, and throughout the bought out using funds from FEMA’s does, however, allow communities like chaos and panic survivors could hear Hazard Mitigation Grant Program. Minot to use HMGP dollars more effi- the chaplains preaching courage as the HMGP guidelines prohibit the con- ciently by permitting property buyouts ship went down. struction of any structure, including a to be linked with new flood protection There were not enough rubber suits levee, on land bought out under the plans. The legislation eliminates the onboard to protect the passengers from program. So as a result, Fargo’s levee costs FEMA and the Army Corps of En- the frigid North Atlantic waters. Of the stops every time it comes up to HMGP gineers incur every time they are 14 lifeboats aboard, only 2 were suc- land. When the waters rise, the city forced to build and then tear down cessfully used in abandoning ship. Of builds a temporary extension of its temporary levees on HMGP properties. the 904 passengers, only 229 were saved levee that goes over the HMGP land Finally, the legislation ensures that by nearby vessels. 14 bodies were recov- and connects to the next section of the any costs associated with the process ered, and 661, including the 4 Army permanent levee, and when the waters the FEMA Administrator and the chaplains, were missing and unre- recede, the city has to take down the Army Corps Chief of Engineers use to ported. temporary levee to remain in compli- approve levee construction are borne In recognition of the extraordinary ance with the HMGP no-construction by the State, local, or tribal govern- heroism displayed by the chaplains policy. Year after year, Fargo has con- ment requesting the levee. Any Federal when they sacrificed their lives by giv- structed and then removed several funds approved elsewhere of course re- ing up their life preservers to other temporary levees at great expense and main available for levee construction men aboard the Dorchester, Congress for no apparent reason other than the and are not affected by this legislation. authorized the Special Medal for Her- letter of the HMGP law. S. 2039 has moved on to the House of oism which was awarded by President Second, Minot, ND, is about to run Representatives where I hope it can be Eisenhower on January 18, 1961. No into the same problem currently facing approved expeditiously and sent to the such medal has been awarded again in Fargo. As my colleagues know, Minot President. The bill will provide impor- our Nation’s history. faced enormous flooding during the tant benefits to the people of Fargo, Millions of men and women have summer of 2011, losing thousands of Minot, Devils Lake, and other North served bravely in our military. Many, homes and sustaining hundreds of mil- Dakota communities facing repeated like the chaplains onboard the Dor- lions in damages. In response, the city flood risks. I thank my colleagues for chester, have gone above and beyond plans to build a major new flood pro- their support of this common sense leg- the call of duty. The 4 chaplains on tection system, including levees islation, and I hope it can be an exam- board, despite their differences in through the middle of town along the ple of how to improve flood protection faith, came together to bring comfort river. In order to build that system, nationwide. to the 904 men on board the Dorchester. Minot will have to buy out dozens of f And they proved that it is possible to properties and create space for a levee. serve not only their country and their The Federal Government will make REMEMBERING FOUR CHAPLAINS God but also their fellow man. money available through the HMGP OF THE USAT ‘‘DORCHESTER’’ On February 14, a monument to the program for property buyouts, but we Mr. NELSON of Florida. Mr. Presi- four chaplains of the Dorchester will be are unable to use it if spending it pre- dent, today I pay tribute to four Amer- unveiled in Sebastian, FL. In January, cludes construction of a levee on these ican heroes who embody the spirit of I had a chance to meet Ernie Heaton, properties. what it means to serve your fellow the last living survivor of the Dor- In both cases, the solution is simply man. Those heroes are the four Army chester sinking and a key leader in the to permit levee construction on prop- chaplains who served on board the push to get a monument put up in Se- erty purchased with HMGP funds. United States Transport Ship Dor- bastian. It was clear after meeting HMGP restrictions on construction chester in 1943—Methodist Minister Ernie that witnessing the four chap- were intended to ensure that the Fed- Reverend George L. Fox, Rabbi Alex- lains’ sacrifice first-hand made a last- eral Government would not be on the ander D. Goode, Roman Catholic Priest ing impact on him, just as their story hook to pay for future flood damages John P. Washington, and Reformed continues to inspire all of us.

VerDate Mar 15 2010 03:01 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.022 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S386 CONGRESSIONAL RECORD — SENATE February 7, 2012 ADDITIONAL STATEMENTS Under Mike’s leadership, PNNL has true heroism, sacrifice, and dedication been involved in the formation of Inno- to service. vate Washington, a nonprofit organiza- These medals are presented on behalf TRIBUTE TO RACHEL BRISTOL tion that aims to accelerate techno- of a grateful nation.∑ ∑ Mr. MERKLEY. Mr. President, today logical innovation by bringing together f I wish to thank Rachel Bristol for 29 universities, national labs, entre- TRIBUTE TO PAUL WALBORN years of service to Oregon’s hungry and preneurs, and others involved in tech- ∑ congratulate her on her very deserving nology transfer. Mike is also a frequent Mr. TESTER. Mr. President, today I retirement. Before joining the Oregon public advocate for the strategic align- wish to honor Paul Walborn, a veteran Food Bank, Rachel graduated with ment of research with technology of Vietnam. honors from the University of Oregon transfer and strongly supported the Paul, on behalf of all Montanans and with a degree in community develop- streamlining of PNNL’s technology all Americans, I stand to say ‘‘thank ment and public administration and transfer operations. you’’ for your service to this Nation. It is my honor to share the story of served as a VISTA volunteer at the Or- PNNL also deserves praise for the Paul Walborn’s sacrifice in Vietnam, egon Food Share in 1983. Her devotion safety and excellent work environment because no story of heroism should to feeding the hungry soon led her to it provides for its employees and the ever fall through the cracks. the job of Acting Executive Director at surrounding community. As director, Paul joined the Navy in December of the OFS. In 1988, she was a key player Mike has sustained an exceptional 1963. He was an Electrician’s Mate, in the merger with Interagency Food record for PNNL and built upon its his- based on a landing craft. From Coro- Bank to form the Oregon Food Bank. tory to make it one of the region’s nado, CA, he flew to Japan. On May 5, Just 2 years later, Bristol was named strongest corporate citizens. He’s also 1965, one of Paul’s first assignments the executive director & CEO of the been a tireless supporter of community was to be part of a convoy from Oki- OFB. activities and programs. Furthermore, nawa, Japan to Vietnam. Paul was part Rachel’s legacy at the Oregon Food Mike’s outstanding leadership led to of the third wave that took Marine Bank is well-known and widespread. DOE extending PNNL’s contract in Corps artillery equipment to the Chu Under her leadership, the food bank ex- 2011. Lai beach. Intelligence reports were panded from a 10,000 square foot site to Therefore, it is with great pride that unclear whether Viet Cong forces 4 facilities totaling more than 155,000 today on behalf of the citizens of Wash- would meet them on the beach. square feet. Rachel’s devotion to im- ington State I thank Mike for all his From Chu Lai, Paul went to Da Nang proving the lives of hundreds of thou- work. With that said, we know that where he unloaded Navy and Merchant sands of hungry children has garnered PNNL’s great successes could not be Marine equipment. His boat then made recognition from the University of achieved without the strong support several trips up the Perfume River to Portland, the Paul G. Allen Founda- from the PNNL family, so my thanks deliver equipment to support the war tion, Feeding America, and the Port- also extends to the extraordinary sci- effort. land Business Journal, and thanks entists, engineers, and personnel that When Paul returned to America, he from the families whose lives have continue to make a difference in our wanted to get back to normal life. His ∑ changed because of her hard work and region and the Nation. DD–214 form was correct but the Navy dedication. f had no record of him serving in Viet- I will be sad to see Rachel Bristol go, nam, even though he unloaded cargo but thank her for her 29 years of serv- TRIBUTE TO MARK HAMILL ∑ onto Vietnamese beaches. ice.∑ Mr. TESTER. Mr. President, today I He says there was just too much f wish to honor Mark Hamill, a native going on in 1967 for the Navy to worry Montanan and a veteran of Operation about getting his paperwork processed TRIBUTE TO MIKE KLUSE Desert Shield and Desert Storm. ∑ correctly. Mrs. MURRAY. Mr. President, today It is my honor to share the story of Earlier this month, in the presence of I congratulate one of my constituents, Mark’s service during the first gulf his family, it was my honor to finally Mike Kluse, on being recognized as the war. Mark was in the Army Reserves as present to Paul the National Defense 2012 Laboratory Director of the Year a helicopter crew chief. In the fall of Service Medal, and the Vietnam Serv- by the Federal Laboratory Consortium, 1990, he was assigned to a Medivac unit ice Medal with one Bronze Star. FLC. Mike is the Director of the Pa- and deployed to Saudi Arabia. I also presented to Paul the Meri- cific Northwest National Laboratory, As a helicopter crew chief, Mark was torious Unit Commendation Ribbon, PNNL, located in Richland, WA. responsible for making sure the and the Vietnam Campaign Medal with This award is a true honor and testa- Medivac helicopters were ready to fly the 1960 device. ment to Mike’s leadership and efforts at a moment’s notice. Two helicopters These four decorations are small to- at PNNL. For the past 5 years he has went to Bahrain and two were on kens, but they are powerful symbols of guided the laboratory to many acco- standby to go north for Medivac calls. true heroism. Sacrifice. And dedication lades. The laboratory has filed more When Mark returned to the United to service. than 1,000 invention disclosures, re- States, the maintenance platoon never These medals are presented on behalf ceived more than 200 patents, and got their medals from the U.S. Army. of a grateful nation.∑ issued nearly 150 new licenses. PNNL The pilots and medics from the heli- f has also earned 16 R&D 100 awards as copters did but the men and women well as 12 FLC awards for excellence in who were responsible for the safety of NATIONAL MARROW DONOR technology transfer. PNNL has the the helicopters were forgotten about. PROGRAM newest and most modern physical in- Earlier this month, in the presence of ∑ Mr. TOOMEY. Mr. President, today I frastructure in the Department of En- Mark’s wife, parents, and friends, it wish to speak about an important ergy, DOE, system. And PNNL’s over- was my honor to correct this oversight health issue that impacts the lives of all performance has been judged by and finally present Mark with the med- many people across the country. Each DOE and other Federal agencies it sup- als he earned nearly 20 years ago. year, more than 18,000 Americans are ports as outstanding under Mike’s I presented to Mark the Southwest diagnosed with a serious blood disease stewardship. Asia Service Medal with Three Bronze and require a bone marrow transplant. PNNL’s research and development Stars, and the Overseas Service Rib- Unfortunately, only 30 percent of those portfolio spans many missions of im- bon. patients in need will find a suitable portance to our country: national secu- I also had the honor of presenting to match within their family. Although rity, homeland security, clean energy Mark the Kuwait Liberation Medal— about 5,000 patients each year receive a development, environmental remedi- Saudi Arabia, and the Kuwait Libera- marrow transplant, others will pass ation programs at the Hanford Site, tion Medal—Kuwait. away while awaiting a match. and scientific research ranging from These four decorations are small to- Since 1987, the National Marrow systems biology to supercomputing. kens, but they are powerful symbols of Donor Program, NMDP, now publically

VerDate Mar 15 2010 01:26 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.034 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 7, 2012 CONGRESSIONAL RECORD — SENATE S387 known as Be The Match, has under- the hard work she has done for me, my all the fine work she has done and wish taken a laudable effort to connect staff and the people of the State of her continued success in the years to transplant patients with healthy, unre- Florida. come.∑ lated donors through the Be The Match Katerina is a graduate of Our Lady of f Registry. Today, the registry includes Lourdes Academy in Coral Gables, FL. more than 9.5 million registered do- Currently, she is a freshman at Amer- TRIBUTE TO ART LINARES nors. Despite their success in raising ican University. She is a dedicated and ∑ Mr. RUBIO. Mr. President, today I awareness and soliciting support, a diligent worker who has been devoted recognize Art Linares, a fall intern in small percentage of our population is to getting the most out of her intern- my Washington, DC office for all of the registered. Patients from ethnic and ship experience. hard work he has done for me, my staff minority communities face particular I would like to extend my sincere and the people of the State of Florida. difficulty in finding matches due to thanks and appreciation to Katerina Art is a graduate of the University of limited diversity within the registry, for all the fine work she has done and Tampa, where he received a degree in further complicating the search for a wish her continued success in the years entrepreneurship. He is a dedicated and viable genetic match. Deutsche to come.∑ diligent worker who has been devoted Knochenmarkspenderdatei gGmbH, f to getting the most out of his intern- DKMS, currently the largest bone mar- ship experience. TRIBUTE TO TAYLOR FERGUSON row donor center in the world, shares I would like to extend my sincere Be The Match’s commitment to in- ∑ Mr. RUBIO. Mr. President, today I thanks and appreciation to Art for all creasing donor recruitment and diver- recognize Taylor Ferguson, a fall in- the fine work he has done and wish him sifying the marrow donor registry. tern in my Washington, DC office for continued success in the years to This year, marrow donor registry all of the hard work he has done for come.∑ drives will take place in communities me, my staff and the people of the f across America. One in particular, State of Florida. TRIBUTE TO KAREN MUSTIGA known as Simon’s Saturday, will take Taylor is a graduate of Cardinal New- place in Emmaus, PA. The bone mar- man High School in West Palm Beach, ∑ Mr. RUBIO. Mr. President, today I row donor drive is named after Simon Florida and Florida Gulf Coast Univer- recognize Karen Mustiga, a fall intern Ernst, an energetic 8-year-old from sity, where he majored in political in my Washington, DC office for all of Upper Milford, who is bravely battling communications. He is a dedicated and the hard work she has done for me, my leukemia and awaiting a bone marrow diligent worker who has been devoted staff and the people of the State of transplant. Participation in the mar- to getting the most out of his intern- Florida. row donor registry is simple and safe. ship experience. Karen is a graduate of the University Interested participants must meet the I would like to extend my sincere of Florida, where she majored in polit- age and health requirements, fill out a thanks and appreciation to Taylor for ical science and economics. She is a registration form, and provide a swab all the fine work he has done and wish dedicated and diligent worker who has of cheek cells. I would like to encour- him continued success in the years to been devoted to getting the most out of age those interested to attend a bone come.∑ her internship experience. marrow drive in their community or to f I would like to extend my sincere join online by visiting the NDMP thanks and appreciation to Karen for TRIBUTE TO COURTNEY HOUSTON- all the fine work she has done and wish website at www.BeTheMatch.org or the CARTER DKMS website at www.getswabbed.org. her continued success in the years to The bone marrow donor program is a ∑ Mr. RUBIO. Mr. President, today I come.∑ cause close to my family’s heart, which recognize Courtney Houston-Carter, a f fall law extern in my Washington, DC is why I intend to participate in a bone TRIBUTE TO CHRIS WASSMAN marrow registry drive on February 18, office for all of the hard work he has 2012. This issue is especially important done for me, my staff and the people of ∑ Mr. RUBIO. Mr. President, today I to my wife Kris, who has been a reg- the State of Florida. recognize Chris Wassman, a fall press istered donor through Be The Match Courtney is a graduate of Tufts Uni- intern in my Washington, DC office for for the last 16 years, and I look forward versity, where he majored in political all of the hard work he has done for to joining her and the more than 9.5 science. Last spring, he received his me, my staff and the people of the million individuals who have already Juris Doctor from Suffolk University State of Florida. joined. Together we can help provide Law School. He is a dedicated and dili- Chris is a sophomore pursuing a hope and save lives.∑ gent worker who has been devoted to major in Political Science at The getting the most out of his internship George Washington University. He is a f experience. dedicated and diligent worker who has TRIBUTE TO MICHAEL BECK I would like to extend my sincere been devoted to getting the most out of ∑ Mr. RUBIO. Mr. President, today I thanks and appreciation to Courtney his internship experience. recognize Michael Beck, a fall intern in for all the fine work he has done and I would like to extend my sincere my Washington, DC office for all of the wish him continued success in the thanks and appreciation to Chris for hard work he has done for me, my staff years to come.∑ all the fine work he has done and wish and the people of the State of Florida. f him continued success in the years to Michael is a senior at Brigham come.∑ TRIBUTE TO TAYLOR KLOUSTIN Young University majoring in political f science. He is a dedicated and diligent ∑ Mr. RUBIO. Mr. President, today I TRIBUTE TO NICOLE MARTINEZ worker who has been devoted to get- recognize Taylor Kloustin, a fall intern ting the most out of his internship ex- in my Washington, DC office for all of ∑ Mr. RUBIO. Mr. President, today I perience. the hard work she has done for me, my recognize Nicole Martinez, an intern in I would like to extend my sincere staff and the people of the State of my Miami office, for all of the hard thanks and appreciation to Michael for Florida. work she has done for me, my staff and all the fine work he has done and wish Taylor is a junior at Elon University the people of the State of Florida. him continued success in the years to majoring in public administration and Nicole is a senior at Coral Reef Sen- come.∑ political science and minoring in busi- ior High School in Miami, FL. Next f ness administration. She is a dedicated fall, she will be attending the Wharton and diligent worker who has been de- Undergraduate School of Business at TRIBUTE TO KATERINA ERBITI voted to getting the most out of her in- the University of Pennsylvania. She is ∑ Mr. RUBIO. Mr. President, today I ternship experience. a dedicated and diligent worker who recognize Katerina Erbiti, a fall intern I would like to extend my sincere has been devoted to getting the most in my Washington, DC office for all of thanks and appreciation to Taylor for out of her internship experience.

VerDate Mar 15 2010 01:26 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.057 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S388 CONGRESSIONAL RECORD — SENATE February 7, 2012 I would like to extend my sincere ficient, and for other purposes (Rept. No. 112– S. Res. 369. A resolution congratulating the thanks and appreciation to Nicole for 144). New York Giants for winning Super Bowl all the fine work she has done and wish By Mr. BINGAMAN, from the Committee XLVI; considered and agreed to. on Energy and Natural Resources, with her continued success in the years to amendments: f come.∑ S. 1142. A bill to promote the mapping and ADDITIONAL COSPONSORS f development of the United States geo- thermal resources by establishing a direct S. 412 MESSAGES FROM THE HOUSE loan program for high risk geothermal explo- At the request of Mr. LEVIN, the At 11:55 a.m., a message from the ration wells, to amend the Energy Independ- name of the Senator from Florida (Mr. House of Representatives, delivered by ence and Security Act of 2007 to improve geo- RUBIO) was added as a cosponsor of S. thermal energy technology and demonstrate 412, a bill to ensure that amounts cred- Mrs. Cole, one of its reading clerks, an- the use of geothermal energy in large scale nounced that the House has passed the thermal applications, and for other purposes ited to the Harbor Maintenance Trust following bills, in which it requests the (Rept. No. 112–145). Fund are used for harbor maintenance. concurrence of the Senate: S. 1149. A bill to expand geothermal pro- S. 418 H.R. 306. An act to direct the Secretary of duction, and for other purposes (Rept. No. At the request of Mr. HARKIN, the the Interior to enter into an agreement to 112–146). name of the Senator from Arkansas provide for management of the free-roaming By Mr. BINGAMAN, from the Committee on Energy and Natural Resources, with an (Mr. BOOZMAN) was added as a cospon- wild horses in and around the Currituck Na- sor of S. 418, a bill to award a Congres- tional Wildlife Refuge. amendment in the nature of a substitute: H.R. 1162. An act to provide the Quileute S. 1160. A bill to improve the administra- sional Gold Medal to the World War II Indian Tribe Tsunami and Flood Protection, tion of the Department of Energy, and for members of the Civil Air Patrol. and for other purposes. other purposes (Rept. No. 112–147). S. 489 By Mrs. BOXER, from the Committee on ENROLLED BILL SIGNED Environment and Public Works, with amend- At the request of Mr. REED, the name The President pro tempore (Mr. ments: of the Senator from New Jersey (Mr. INOUYE) announced that on February 3, S. 432. A bill to provide for environmental MENENDEZ) was added as a cosponsor of 2012, he had signed the following en- restoration activities and forest manage- S. 489, a bill to require certain mortga- rolled bill, previously signed by the ment activities in the Lake Tahoe Basin, and gees to evaluate loans for modifica- Speaker of the House: for other purposes (Rept. No. 112–148). tions, to establish a grant program for By Mr. LEAHY, from the Committee on State and local government mediation H.R. 588. An act to redesignate the the Judiciary, with an amendment in the na- Noxubee National Wildlife Refuge as the ture of a substitute: programs, and for other purposes. Sam D. Hamilton Noxubee National Wildlife S. 1925. A bill to reauthorize the Violence S. 672 Refuge. Against Women Act of 1994. At the request of Mr. ROCKEFELLER, ENROLLED BILL SIGNED f the name of the Senator from Min- At 5:02 p.m., a message from the INTRODUCTION OF BILLS AND nesota (Mr. FRANKEN) was added as a House of Representatives, delivered by JOINT RESOLUTIONS cosponsor of S. 672, a bill to amend the Mrs. Cole, one of its reading clerks, an- Internal Revenue Code of 1986 to extend nounced that the Speaker has signed The following bills and joint resolu- and modify the railroad track mainte- the following enrolled bill: tions were introduced, read the first nance credit. and second times by unanimous con- H.R. 658. An act to amend title 49, United S. 824 sent, and referred as indicated: States Code, to authorize appropriations for At the request of Mr. BROWN of Ohio, the Federal Aviation Administration for fis- By Mr. LEVIN (for himself and Mr. the name of the Senator from New Jer- cal years 2011 through 2014, to streamline CONRAD): programs, create efficiencies, reduce waste, S. 2075. A bill to close unjustified corporate sey (Mr. MENENDEZ) was added as a co- and improve aviation safety and capacity, to tax loopholes, and for other purposes; to the sponsor of S. 824, a bill to provide for provide stable funding for the national avia- Committee on Finance. enhanced mortgage-backed and asset- tion system, and for other purposes. By Mr. FRANKEN (for himself, Mr. backed security investor protections, The enrolled bill was subsequently BOOZMAN, and Ms. KLOBUCHAR): to prevent foreclosure fraud, and for S. 2076. A bill to improve security at State other purposes. signed by the President pro tempore and local courthouses; to the Committee on S. 881 (Mr. INOUYE). Homeland Security and Governmental Af- f fairs. At the request of Ms. LANDRIEU, the By Mr. BLUMENTHAL (for himself, name of the Senator from North Da- MEASURES REFERRED Mr. FRANKEN, Mr. WHITEHOUSE, and kota (Mr. CONRAD) was added as a co- The following bill was read the first Mr. CASEY): sponsor of S. 881, a bill to amend the and the second times by unanimous S. 2077. A bill to amend the Older Ameri- Consumer Credit Protection Act to as- cans Act of 1965 to authorize Federal assist- sure meaningful disclosures of the consent, and referred as indicated: ance to State adult protective services pro- H.R. 306. An act to direct the Secretary of grams, and for other purposes; to the Com- terms of rental-purchase agreements, the Interior to enter into an agreement to mittee on Health, Education, Labor, and including disclosures of all costs to provide for management of the free-roaming Pensions. consumers under such agreements, to wild horses in and around the Currituck Na- By Mr. MENENDEZ: provide substantive rights to con- tional Wildlife Refuge; to the Committee on S. 2078. A bill to enable Federal and State sumers under such agreements, and for Energy and Natural Resources. chartered banks and thrifts to meet the cred- other purposes. it needs of the Nation’s home builders, and f S. 1058 to provide liquidity and ensure stable credit MEASURES READ THE FIRST TIME for meeting the Nation’s need for new homes; At the request of Mr. PRYOR, the name of the Senator from Mississippi The following bill was read the first to the Committee on Banking, Housing, and Urban Affairs. (Mr. COCHRAN) was added as a cospon- time: By Mr. HELLER: sor of S. 1058, a bill to amend the Pub- S. 2079. A bill to extend the pay limitation S. 2079. A bill to extend the pay limitation lic Health Service Act to ensure trans- for Members of Congress and Federal em- for Members of Congress and Federal em- parency and proper operation of phar- ployees. ployees; read the first time. macy benefit managers. f f S. 1269 REPORTS OF COMMITTEES SUBMISSION OF CONCURRENT AND At the request of Ms. SNOWE, the SENATE RESOLUTIONS The following reports of committees name of the Senator from Connecticut were submitted: The following concurrent resolutions (Mr. BLUMENTHAL) was added as a co- sponsor of S. 1269, a bill to amend the By Mr. BINGAMAN, from the Committee and Senate resolutions were read, and on Energy and Natural Resources, with an referred (or acted upon), as indicated: Elementary and Secondary Education amendment: By Mr. SCHUMER (for himself, Mrs. Act of 1965 to require the Secretary of S. 1108. A bill to provide local communities GILLIBRAND, Mr. LAUTENBERG, and Education to collect information from with tools to make solar permitting more ef- Mr. MENENDEZ): coeducational secondary schools on

VerDate Mar 15 2010 02:25 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G07FE6.021 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 7, 2012 CONGRESSIONAL RECORD — SENATE S389 such schools’ athletic programs, and MURKOWSKI), the Senator from Okla- important priorities, and restoring for other purposes. homa (Mr. INHOFE) and the Senator some of the fairness to our tax system. S. 1461 from Nevada (Mr. HELLER) were added Our legislation would reduce the def- At the request of Mr. NELSON of Flor- as cosponsors of S. 2043, a bill to amend icit by $155 billion. It would do so by ida, the name of the Senator from title XXVII of the Public Health Serv- closing tax loopholes that favor Georgia (Mr. CHAMBLISS) was added as ice Act to provide religious conscience wealthy individuals and corporations a cosponsor of S. 1461, a bill to amend protections for individuals and organi- while raising the tax burden that the Federal Food, Drug, and Cosmetic zations. American families must carry. It would Act to clarify the Food and Drug Ad- S. 2054 provide more than enough revenue to ministration’s jurisdiction over certain At the request of Mr. BEGICH, the pay for a full-year extension of the tobacco products, and to protect jobs name of the Senator from Rhode Island payroll tax cut now in place, or put a and small businesses involved in the (Mr. WHITEHOUSE) was added as a co- significant dent in the deficit reduc- sale, manufacturing and distribution of sponsor of S. 2054, a bill to suspend the tion we need to avoid draconian auto- traditional and premium cigars. current compensation packages for the matic cuts through sequestration. It is clear to almost everyone that S. 1467 senior executives at Fannie Mae and revenue must be a part of our deficit At the request of Mr. BLUNT, the Freddie Mac, and to establish com- reduction strategy. Presidents from names of the Senator from Arizona pensation for all employees of such en- Reagan to Bush, Sr. to Clinton have (Mr. KYL), the Senator from Iowa (Mr. tities in accordance with rates of pay used balanced strategies that included GRASSLEY) and the Senator from Ten- for other Federal financial regulatory agencies. revenue as well as spending cuts. nessee (Mr. CORKER) were added as co- I will continue to fight for a number S. 2064 sponsors of S. 1467, a bill to amend the of other revenue measures such as a At the request of Mr. DEMINT, the Patient Protection and Affordable Care surtax on millionaires and billionaires; name of the Senator from Wisconsin Act to protect rights of conscience eliminating tax subsidies for oil and (Mr. JOHNSON) was added as a cosponsor with regard to requirements for cov- gas companies; ending the Bush-era tax of S. 2064, a bill to amend the Internal erage of specific items and services. cuts for those earning more than Revenue Code of 1986 to terminate cer- S. 1802 $250,000; and ending the carried interest tain energy tax subsidies and lower the At the request of Mr. UDALL of Colo- loophole. We need to make those corporate income tax rate. rado, the name of the Senator from changes. But so far, they have run into New Mexico (Mr. UDALL) was added as S. RES. 232 an ideological brick wall, as many here a cosponsor of S. 1802, a bill to author- At the request of Mr. MENENDEZ, the in Congress refuse to consider reason- ize the Secretary of the Interior to name of the Senator from New Mexico able revenue measures. But even that carry out programs and activities that (Mr. UDALL) was added as a cosponsor rigid ideological stance should allow connect Americans, especially chil- of S. Res. 232, a resolution recognizing for ending the kinds of egregious loop- dren, youth, and families, with the out- the continued persecution of Falun holes we are discussing today. doors. Gong practitioners in China on the 12th First is offshore tax haven abuse. The S. 1834 anniversary of the campaign by the Permanent Subcommittee on Inves- At the request of Mr. CORKER, the Chinese Communist Party to suppress tigations, which I chair, has spent name of the Senator from Georgia (Mr. the Falun Gong movement, recognizing years shedding light on how these CHAMBLISS) was added as a cosponsor of the Tuidang movement whereby Chi- abuses aid the wealthy and corpora- S. 1834, a bill to restore and repair the nese citizens renounce their ties to the tions. Based in part on S. 1346, the Stop United States mortgage markets by Chinese Communist Party and its af- Tax Haven Abuse Act, our bill would, making them transparent, bringing in filiates, and calling for an immediate in part: Give Treasury the authority to private capital, winding down the Gov- end to the campaign to persecute combat tax haven banks and jurisdic- ernment-sponsored enterprises, and for Falun Gong practitioners. tions that help U.S. clients hide assets other purposes. S. RES. 310 and dodge U.S. taxes; crack down on S. 1862 At the request of Mr. BARRASSO, his offshore corporations that are managed At the request of Mr. LAUTENBERG, name was added as a cosponsor of S. from the U.S. from claiming foreign the name of the Senator from Nebraska Res. 310, a resolution designating 2012 status to dodge taxes; eliminate tax in- (Mr. NELSON) was added as a cosponsor as the ‘‘Year of the Girl’’ and Con- centives for moving U.S. jobs overseas of S. 1862, a bill to amend the Public gratulating Girl Scouts of the USA on or for transferring intellectual prop- Health Service Act to improve the its 100th anniversary. erty offshore; and establish the pre- health of children and reduce the oc- At the request of Ms. MIKULSKI, the sumption that, unless a taxpayer currence of sudden unexpected infant name of the Senator from North Caro- proves otherwise, a corporation formed death and to enhance public health ac- lina (Mr. BURR) was added as a cospon- by, receiving assets from, or benefiting tivities related to stillbirth. sor of S. Res. 310, supra. a U.S. taxpayer is considered under S. RES. 356 S. 1884 that taxpayer’s control for tax pur- At the request of Mrs. FEINSTEIN, the poses. At the request of Mr. DURBIN, the These provisions and others would re- names of the Senator from Vermont name of the Senator from New Mexico (Mr. UDALL) was added as a cosponsor duce the deficit by at least $130 billion (Mr. SANDERS) and the Senator from of S. Res. 356, a resolution expressing over 10 years. Florida (Mr. RUBIO) were added as co- Our bill’s second focus is on a tax sponsors of S. 1884, a bill to provide support for the people of Tibet. loophole that subsidizes corporations States with incentives to require ele- f giving stock options to corporate ex- mentary schools and secondary schools STATEMENTS ON INTRODUCED ecutives. Today, corporations can take to maintain, and permit school per- BILLS AND JOINT RESOLUTIONS massive tax deductions for stock op- sonnel to administer, epinephrine at By Mr. LEVIN (for himself and tions, but usually show much lower ex- schools. Mr. CONRAD): pense on their books. Our sub- S. 1925 S. 2075. A bill to close unjustified cor- committee found that from 2005–2009, At the request of Mr. LEAHY, the porate tax loopholes, and for other pur- this loophole allowed excess tax deduc- name of the Senator from Connecticut poses; to the Committee on Finance. tions ranging from $12 billion to as (Mr. LIEBERMAN) was added as a co- Mr. LEVIN. Mr. President, today, high as $61 billion in a single year. sponsor of S. 1925, a bill to reauthorize along with Senator CONRAD and others, The CUT Loopholes Act would pre- the Violence Against Women Act of I am introducing S. 2075, the Cut Un- vent corporate income tax deductions 1994. justified Tax Loopholes Act, or CUT for stock options that exceed the ex- S. 2043 Loopholes Act. This legislation will pense shown on company books. It At the request of Mr. RUBIO, the help us meet three important goals: would preserve current tax treatment names of the Senator from Alaska (Ms. Reducing the budget deficit, protecting for individuals receiving options and

VerDate Mar 15 2010 02:25 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.009 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S390 CONGRESSIONAL RECORD — SENATE February 7, 2012 for incentive stock options used by where justice is administered. It is courthouses safe. In fact, the National start-up companies. where we report for jury duty and fight Sheriffs Association sent me a letter According to the Joint Committee on traffic tickets. It is where adoptions last week. I think it is worth noting, so Taxation, these measures would reduce are processed, divorces are finalized, let me read it. the deficit by $25 billion over 10 years. and misdemeanors are adjudicated. But Sheriffs are typically responsible for the The time for these measures is now. as Sue, Patricia and John explained, safety and security of the local courthouses First, the math is inescapable. We local courthouses can be dangerous in their counties—along with performing tra- can’t reduce the deficit and do other places—stakes are high, tempers flare, ditional law enforcement duties and oper- important things—protect our country, victims confront their assailants, de- ating the local jails. Sadly, in recent years, care for our seniors, educate our fendants confront their accusers, pros- there has been a spike in violent incidents in courthouses across the country. This vio- young—if tax revenue remains at its ecutors argue with defense lawyers. A lence places law enforcement, judicial per- lowest level in decades, and if the effec- rash of incidents in late 2011 raised sonnel, and the general public in harm’s way. tive corporate tax rate is at historic concerns about security at local court- As such, it is imperative that sheriffs have lows, thanks in part to these and other houses, especially in rural and subur- the resources, particularly in rural areas tax loopholes. ban communities. where resources are extremely limited, to Second, there is a growing recogni- In September, a defendant opened ensure courthouses have the appropriate tion among Americans that loopholes fire in the Crawford County Courthouse equipment and tools necessary to improve like these and many others leave the in Arkansas, shooting a judge’s sec- security, enabling for the protection of courthouses throughout the United States. deck stacked against them and their retary. Authorities reported the gun- families. Overwhelmingly Americans man entered the courthouse unopposed, Our sheriffs need support, and we tell us: Close those loopholes down. wearing tactical gear, armed with should not wait for the next court- Third, this is not just a realization semiautomatic weapons. The local house shooting before we give it to by Democrats. Strong majorities of newspaper later noted the shooting them. That is why today I am intro- Independents and Republicans say that ‘‘highlighted the vulnerability of the ducing the bipartisan Local Courthouse we need balanced deficit reduction, and state’s many small, rural courthouses Safety Act. It does three simple, com- that closing loopholes is one way to do where the guards, armed police and monsense things. that. Just this week, a national poll metal detectors common in large cities First, the bill cuts through bureau- showed that 90 percent of small busi- are often too expensive.’’ cratic redtape, giving local courts di- ness owners—a majority of them Re- Two days later, there was a shooting rect access to security equipment that publicans—believe big corporations use in the Adams County Superior Court in Federal agencies no longer are using. loopholes to avoid taxes that small Indiana. According to media accounts, This provision is modeled after a De- businesses still have to pay. that courthouse did not have a metal fense Department program that allows Reducing the deficit and protecting detector either. A local judge observed the Pentagon to give its excess equip- important programs is hard. We face that there were ‘‘a lot of security prob- ment to local police and firefighters. many tough decisions and difficult lems here that need to be corrected’’ The Local Courthouse Safety Act fights in the months ahead. and that the shooting ‘‘really drove would do the same thing for local But this decision should be easy. We home the point that things need to courts. It would give them direct ac- should close these loopholes and make change.’’ cess to the Federal Government’s ex- a bipartisan statement that we can re- Then, in December, a defendant re- cess metal detectors, wands, and bag- duce the deficit, serve important prior- trieved a gun from his car and walked gage screening machines. ities, and restore fairness to the tax into the Cook County Courthouse in Second, the Local Courthouse Safety code. Grand Marais, MN. The courthouse did Act gives States the flexibility they not have a metal detector and the gun- need to make investments in court- By Mr. FRANKEN (for himself, man was not screened. He shot and house security. It clarifies that States Mr. BOOZMAN, and Ms. KLO- wounded the prosecuting attorney and may use their Byrne Justice Assistance BUCHAR): a witness. The bailiff also was injured grants, the Byrne JAG grants, and S. 2076. A bill to improve security at during the encounter. After the shoot- State Homeland Security grants to im- State and local courthouses; to the ing, a Minnesota judge wrote to his col- prove safety at local courthouses. The Committee on Homeland Security and leagues expressing concerns about bill does not require any new spending, Governmental Affairs. courthouse security. He put the issue and it does not impose any new man- Mr. FRANKEN. Mr. President, Sue very well. He said: ‘‘I’m no longer will- dates on anyone. It simply says that Lantto is an advocate of victims of do- ing to risk my life, the life of court States can use existing Federal re- mestic violence. She often visits a staff, the life of the public who have no sources for courthouse security up- local courthouse in suburban Min- choice about going to court.’’ He said grades if they so choose. neapolis to help her clients obtain pro- he was worried about being ‘‘carried Finally, the Local Courthouse Safety tective orders. Last month, she wrote out in a body bag.’’ Act provides statutory authorization an editorial in which she acknowledged These are not isolated incidents. The for the Justice Department’s VALOR that ‘‘[m]ost of us who work at the Center for Judicial and Executive Se- Initiative, which provides training and courthouse have had moments when we curity in St. Paul tracks court-tar- technical assistance to local law en- were frightened’’ because cases some- geted acts of violence across the Na- forcement officers teaching them how times ‘‘become volatile.’’ tion and estimates there were 23 such to anticipate and survive violent en- Patricia Buss handles family court incidents at local courthouses in 2010 counters. matters in Dakota County, MN. She and 2011 or about 1 per month. This is This is a bipartisan issue, and this says she ‘‘personally think[s] of the not the first time we have confronted should be legislation we can pass even risks every time [she] walk[s] into the this issue in Minnesota. A few years in this divided Congress. I am proud to courthouses.’’ ago, a man took hostages at the court- introduce this legislation with Senator John Baker is an attorney in Maple- house in Morrison County. After the BOOZMAN, my Republican colleague wood, MN. He is also a retired marine. shooting in Grand Marais, in Decem- from Arkansas, and a champion for law He concurs with Sue and Patricia. He ber, a local sheriff recalled that enforcement personnel in his State and says: ‘‘[t]here were a lot of heroes who really across the country. I encourage my col- I am not saying that we need to create for- averted something much more seri- leagues from both sides of the aisle to tresses in our courthouses, but basic security ous.’’ join Senator BOOZMAN and me in ad- screening and training can go a long way. I am grateful for those heroes. Min- vancing this bill. In doing so, they will That is not being done. nesota’s sheriffs and law enforcement join a long and growing list of groups The local courthouse is a workplace personnel across our Nation are among who support it, including the National for many people, for secretaries, them. These brave men and women Sheriffs Association, the Conference of custodians, and clerks who clock in have many duties, including the Chief Justices, and the Conference of and clock out every day. It is also daunting task of keeping our local State Court Administrators.

VerDate Mar 15 2010 03:01 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.011 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 7, 2012 CONGRESSIONAL RECORD — SENATE S391 Mr. President, I ask unanimous con- tributed based on need, as determined by the Whereas the entire Giants franchise has sent that the text of the bill be printed Administrator of General Services, with pri- become a model of professionalism, team- in the RECORD. ority given to a qualifying State or local work, and community service in rep- There being no objection, the text of courthouse that has no security equip- resenting the entire New York and New Jer- ment.’’. sey metropolitan area: Now, therefore, be it the bill was ordered to be printed in (b) TECHNICAL AND CONFORMING AMEND- Resolved, That the Senate congratulates the RECORD, as follows: MENT.—The table of sections for chapter 5 of the New York Giants for winning Super Bowl S. 2076 title 40, United States Code, is amended by XLVI and completing one of the most im- Be it enacted by the Senate and House of Rep- inserting after the item relating to section pressive seasons in professional sports his- resentatives of the United States of America in 529 the following: tory. Congress assembled, ‘‘530. Excess security equipment.’’. f SECTION 1. SHORT TITLE. f NOTICES OF HEARINGS This Act may be cited as the ‘‘Local Court- house Safety Act of 2012’’. SUBMITTED RESOLUTIONS COMMITTEE ON HEALTH, EDUCATION, LABOR, SEC. 2. PROVIDING LOCAL COURTHOUSES WITH AND PENSIONS SECURITY TRAINING AND ASSESS- Mr. HARKIN. Mr. President, I wish to SENATE RESOLUTION 369—CON- MENTS. announce that the Committee on GRATULATING THE NEW YORK The Attorney General, as part of the Pre- Health, Education, Labor and Pensions venting Violence Against Law Enforcement GIANTS FOR WINNING SUPER will meet in open session on Tuesday, and Ensuring Officer Resilience and Surviv- BOWL XLVI ability Initiative (VALOR) of the Depart- February 14, 2012, at 2:30 p.m. in room ment of Justice, may provide safety training Mr. SCHUMER (for himself, Mrs. SD–430 to conduct a hearing entitled and technical assistance to local law en- GILLIBRAND, Mr. LAUTENBERG, and Mr. ‘‘Pain in America: Exploring Chal- forcement agencies. MENENDEZ) submitted the following lenges to Relief.’’ SEC. 3. IMPROVING FLEXIBILITY OF STATES TO resolution; which was considered and For further information regarding USE GRANTS TO PROTECT COURT- agreed to: this meeting, please contact the com- HOUSES. S. RES. 369 mittee on (202) 224–7675. (a) STATE HOMELAND SECURITY GRANT PRO- Whereas on February 5, 2012, the New York GRAM.—Section 2008(a) of the Homeland Se- COMMITTEE ON HEALTH, EDUCATION, LABOR, Giants achieved the improbable and upset curity Act of 2002 (6 U.S.C. 609(a)) is amend- AND PENSIONS the New England Patriots by a score of 21 to ed— Mr. HARKIN. Mr. President, I wish to 17 to win Super Bowl XLVI; (1) in paragraph (12), by striking ‘‘and’’ at Whereas during the 2012 postseason, the Gi- announce that the Subcommittee on the end; ants were the epitome of determination, for- Employment and Workplace Safety of (2) by redesignating paragraph (13) as para- titude, and resiliency as they made their the Committee on Health, Education, graph (14); and way through the playoffs and ultimately tri- Labor, and Pensions will meet in open (3) by inserting after paragraph (12) the fol- umphed over the New England Patriots; session on Thursday, February 16, 2012, lowing: Whereas quarterback Elisha Nelson ‘‘Eli’’ ‘‘(13) improving security at courthouses of at 10:00 a.m. in room SD–430 to conduct Manning, who went 30 for 40 for 296 yards, a hearing entitled ‘‘Addressing Work- a State or local government; and’’. with 1 touchdown pass and zero intercep- (b) BYRNE GRANTS.—Section 501(a)(1)(B) of tions, led a fourth-quarter touchdown drive, force Needs at the Regional Level: In- title I of the Omnibus Crime Control and set a Super Bowl record by completing his novative Public and Private Partner- Safe Streets Act of 1968 (42 U.S.C. first 9 pass attempts, and won his second ships.’’ 3751(a)(1)(B)) is amended by inserting ‘‘, in- Super Bowl Most Valuable Player Award; For further information regarding cluding programs to improve security at Whereas punter Steve Weatherford set a this meeting, please contact the sub- courthouses’’ before the period. Super Bowl record with 3 punts downed in- committee on (202) 228–1455. SEC. 4. IMPROVING ACCESS OF LOCAL COURT- side the 10-yard line; COMMITTEE ON INDIAN AFFAIRS HOUSES TO EXCESS FEDERAL SECU- Whereas in each round of the playoffs, RITY EQUIPMENT. when none of the experts thought the Giants Mr. AKAKA. Mr. President, I would (a) IN GENERAL.—Subchapter II of chapter 5 had a chance to win, the Giants and their like to announce that the Committee of title 40, United States Code, is amended by loyal, dedicated, and passionate fans be- on Indian Affairs will meet on Thurs- adding after section 529 the following: lieved they could accomplish what others de- day, February 16, 2012, at 2:15 p.m. in ‘‘§ 530. Excess security equipment clared impossible; room 628 of the Dirksen Senate Office ‘‘(a) DEFINITIONS.—In this section— Whereas in 2008, Tom Coughlin, head coach Building to conduct an hearing entitled ‘‘(1) the term ‘excess security equipment’ of the Giants, led the Giants to victory in ‘‘Energy Development in Indian Coun- means excess property that is used to detect Super Bowl XLII; weapons, including metal detectors, wands, Whereas this season, Tom Coughlin, in his try.’’ and baggage screening devices; and eighth year as head coach of the Giants, with Those wishing additional information ‘‘(2) the term ‘qualifying State or local the help of Perry Fewell, defensive coordi- may contact the Indian Affairs Com- courthouse’ means a courthouse of a State or nator, Kevin Gilbride, offensive coordinator, mittee at (202) 224–2251. local government that has less security and the entire Giants coaching staff, led the f equipment than the security needs of the Giants to a victory in Super Bowl XLVI and courthouse require. brought the Vince Lombardi Trophy back to AUTHORITY FOR COMMITTEES TO ‘‘(b) DISPOSAL OF EXCESS SECURITY EQUIP- the Meadowlands; MEET MENT.— Whereas the New York Giants organization COMMITTEE ON FINANCE ‘‘(1) IN GENERAL.—Notwithstanding any is one of the most successful in National other provision of this subchapter, the Ad- Football League history, boasting 18 Hall of Mr. FRANKEN. Mr. President, I ask ministrator of General Services shall ensure Famers, appearing in 31 postseasons, winning unanimous consent that the Com- that a State or local government has an op- more than 600 games and 8 championships, mittee on Finance be authorized to portunity to request to receive excess secu- including remarkable title runs in 1987, 1991, meet during the session of the Senate rity equipment for use at a qualifying State 2008, and 2012 (Super Bowls XXI, XXV, XLII, on February 7, 2012, at 3 p.m., in room or local courthouse before the excess secu- and XLVI) that captivated New York and 215 of the Dirksen Senate Office Build- rity equipment is made available to any New Jersey; ing, to consider a Chairman’s Mark en- other individual or entity under this sub- Whereas the New York Giants are the first titled, ‘‘The Highway Investment, Job chapter. team to win the Super Bowl with a 9 and 7 Creation and Economic Growth Act of ‘‘(2) DISPOSAL.— regular-season record; ‘‘(A) IN GENERAL.—Subject to subparagraph Whereas Giants co-owner and chief execu- 2012.’’ (B), upon request by a State or local govern- tive officer John Mara and chairman and ex- The PRESIDING OFFICER. Without ment for excess security equipment for use ecutive vice president Steve Tisch have done objection, it is so ordered. at a qualifying State or local courthouse, the a remarkable job leading this storied fran- COMMITTEE ON FOREIGN RELATIONS excess security equipment shall be made chise with the assistance and dedication of Mr. FRANKEN. Mr. President, I ask available to the State or local government their talented staff; unanimous consent that the Com- without cost, except for any costs of care Whereas the New York Giants have played and handling. all their home games in East Rutherford, mittee on Foreign Relations be author- ‘‘(B) MULTIPLE REQUESTS.—If more than 1 New Jersey since 1976 and have supported ized to meet during the session of the State or local government requests a par- Bergen County and the northern New Jersey Senate on February 7, 2012, at 10 a.m. ticular piece of excess security equipment, and New York areas with community-out- The PRESIDING OFFICER. Without the excess security equipment shall be dis- reach projects; and objection, it is so ordered.

VerDate Mar 15 2010 02:25 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.012 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S392 CONGRESSIONAL RECORD — SENATE February 7, 2012 COMMITTEE ON FOREIGN RELATIONS The assistant legislative clerk read work, and community service in rep- Mr. FRANKEN. Mr. President, I ask as follows: resenting the entire New York and New Jer- sey metropolitan area: Now, therefore, be it unanimous consent that the Com- A resolution (S. Res. 369) congratulating Resolved, That the Senate congratulates mittee on Foreign Relations be author- the New York Giants for winning Super Bowl the New York Giants for winning Super Bowl XLVI. ized to meet during the session of the XLVI and completing one of the most im- Senate on February 7, 2012, at 2:30 p.m. There being no objection, the Senate pressive seasons in professional sports his- The PRESIDING OFFICER. Without proceeded to consider the resolution. tory. objection, it is so ordered. Mr. REID. Mr. President, I ask unan- COMMITTEE ON HEALTH, EDUCATION, LABOR, imous consent that the resolution be f AND PENSIONS agreed to, the preamble be agreed to, Mr. FRANKEN. Mr. President, I ask the motions to reconsider be laid upon MEASURE READ THE FIRST unanimous consent that the Com- the table, with no intervening action TIME—S. 2079 mittee on Health, Education, Labor, or debate, and any related statements Mr. REID. Mr. President, there is a and Pensions be authorized to meet, be printed in the RECORD. bill at the desk due for its first read- during the session of the Senate, to The PRESIDING OFFICER. Without ing. conduct a hearing entitled ‘‘The Prom- objection, it is so ordered. The PRESIDING OFFICER. The ise of Accessible Technology: Chal- The resolution (S. Res. 369) was clerk will read the bill by title for the lenges and Opportunities’’ on February agreed to. first time. 7, 2012, at 2:30 p.m., in room G–50 of the The preamble was agreed to. The assistant legislative clerk read Dirksen Senate Office Building. The resolution, with its preamble, as follows: The PRESIDING OFFICER. Without reads as follows: A bill (S. 2079) to extend the pay limitation objection, it is so ordered. S. RES. 369 for Members of Congress and Federal Em- SELECT COMMITTEE ON INTELLIGENCE Whereas on February 5, 2012, the New York ployees. Mr. FRANKEN. Mr. President, I ask Giants achieved the improbable and upset Mr. REID. Mr. President, I ask for a unanimous consent that the Select the New England Patriots by a score of 21 to second reading, and in order to place Committee on Intelligence be author- 17 to win Super Bowl XLVI; the bill on the calendar under the pro- ized to meet during the session of the Whereas during the 2012 postseason, the Gi- visions of rule XIV, I object to my own ants were the epitome of determination, for- Senate on February 7, 2012, at 2:30 p.m. titude, and resiliency as they made their request. The PRESIDING OFFICER. Without way through the playoffs and ultimately tri- The PRESIDING OFFICER. The bill objection, it is so ordered. umphed over the New England Patriots; will be read the second time on the f Whereas quarterback Elisha Nelson ‘‘Eli’’ next legislative day. Manning, who went 30 for 40 for 296 yards, EXECUTIVE SESSION with 1 touchdown pass and zero intercep- f tions, led a fourth-quarter touchdown drive, set a Super Bowl record by completing his ORDERS FOR THURSDAY, EXECUTIVE CALENDAR first 9 pass attempts, and won his second FEBRUARY 9, 2012 Super Bowl Most Valuable Player Award; Mr. REID. Mr. President, I ask unan- Whereas punter Steve Weatherford set a Mr. REID. Mr. President, I ask unan- imous consent that the Senate now Super Bowl record with 3 punts downed in- imous consent that the Senate adjourn proceed to executive session to con- side the 10-yard line; until 9:30 a.m., on Thursday, February sider the following nomination: Cal- Whereas in each round of the playoffs, 9, 2012; that following the prayer and endar No. 545; that the nomination be when none of the experts thought the Giants the pledge, the Journal of proceedings confirmed, the motion to reconsider be had a chance to win, the Giants and their be approved to date, the morning hour considered made and laid upon the loyal, dedicated, and passionate fans be- lieved they could accomplish what others de- be deemed expired, and the time for the table with no intervening action or de- clared impossible; two leaders be reserved for their use bate; that no further motions be in Whereas in 2008, Tom Coughlin, head coach later in the day; that following any order to the nomination; that any re- of the Giants, led the Giants to victory in leader remarks, the Senate be in a pe- lated statements be printed in the Super Bowl XLII; riod of morning business until 11 a.m., RECORD; that the President be imme- Whereas this season, Tom Coughlin, in his with Senators permitted to speak for diately notified of the Senate’s action; eighth year as head coach of the Giants, with up to 10 minutes each, with the time and the Senate then resume legislative the help of Perry Fewell, defensive coordi- equally divided and controlled between session. nator, Kevin Gilbride, offensive coordinator, and the entire Giants coaching staff, led the the two leaders or their designees, with The PRESIDING OFFICER. Without Giants to a victory in Super Bowl XLVI and the majority controlling the first half objection, it is so ordered. brought the Vince Lombardi Trophy back to and the Republicans controlling the The nomination considered and con- the Meadowlands; final half; that following morning busi- firmed is as follows: Whereas the New York Giants organization ness, the Senate resume consideration IN THE AIR FORCE is one of the most successful in National of the motion to proceed to the surface The following named officer for appoint- Football League history, boasting 18 Hall of transportation bill. ment in the United States Air Force to the Famers, appearing in 31 postseasons, winning The PRESIDING OFFICER. Without more than 600 games and 8 championships, grade indicated under title 10, U.S.C., section objection, it is so ordered. 624: including remarkable title runs in 1987, 1991, 2008, and 2012 (Super Bowls XXI, XXV, XLII, To be brigadier general and XLVI) that captivated New York and f Colonel Bradley D. Spacy New Jersey; PROGRAM f Whereas the New York Giants are the first team to win the Super Bowl with a 9 and 7 Mr. REID. Mr. President, the next LEGISLATIVE SESSION regular-season record; vote will be at 2 p.m. on Thursday. The PRESIDING OFFICER. The Sen- Whereas Giants co-owner and chief execu- tive officer John Mara and chairman and ex- f ate will now resume legislative session. ecutive vice president Steve Tisch have done f a remarkable job leading this storied fran- chise with the assistance and dedication of ADJOURNMENT UNTIL THURSDAY, CONGRATULATING THE NEW YORK their talented staff; FEBRUARY 9, 2012, AT 9:30 A.M. GIANTS Whereas the New York Giants have played Mr. REID. Mr. President, if there is Mr. REID. Mr. President, I ask unan- all their home games in East Rutherford, no further business to come before the imous consent that the Senate proceed New Jersey since 1976 and have supported Senate, I ask unanimous consent that Bergen County and the northern New Jersey to the consideration of S. Res. 369. and New York areas with community-out- it adjourn under the previous order. The PRESIDING OFFICER. The reach projects; and There being no objection, the Senate, clerk will report the resolution by Whereas the entire Giants franchise has at 7:18 p.m., adjourned until Thursday, title. become a model of professionalism, team- February 9, 2012, at 9:30 a.m.

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VerDate Mar 15 2010 03:01 Feb 08, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 9801 E:\CR\FM\A07FE6.001 S07FEPT1 smartinez on DSK6TPTVN1PROD with SENATE