Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, SECOND SESSION

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, MAY 8, 2012 No. 64 Senate The Senate met at 10 a.m. and was COONS, a Senator from the State of Dela- A bill (H.R. 4628) to extend student loan in- called to order by the Honorable CHRIS- ware, to perform the duties of the Chair. terest rates for undergraduate Federal Di- TOPHER A. COONS, a Senator from the DANIEL K. INOUYE, rect Stafford Loans. State of Delaware. President pro tempore. A bill (H.R. 4849) to direct the Secretary of Mr. COONS thereupon assumed the the Interior to issue commercial use author- chair as Acting President pro tempore. izations to commercial stock operators for PRAYER operations in designated wilderness within The Chaplain, Dr. Barry C. Black, of- f the Sequoia and Kings Canyon National fered the following prayer: RECOGNITION OF THE MAJORITY Parks, and for other purposes. Let us pray. LEADER Mr. REID. Mr. President, I now ob- O Lord, our refuge and strength, You The ACTING PRESIDENT pro tem- ject to further proceedings with respect have called our Senators to this place pore. The majority leader. to each of these bills. and time. May they be mindful of the The ACTING PRESIDENT pro tem- responsibility to be faithful stewards of f pore. Objection is heard. The bills will their vocation. Protect them in the SCHEDULE be placed on the calendar under rule hour of temptation so that they will Mr. REID. Mr. President, the Senate XIV. exercise self-control and glorify You. is now considering the motion to pro- f Lord, use their talents and skills to ceed to the Stop Student Loan Interest STUDENT LOAN INTEREST RATES strengthen our Nation and to bless the Rate Hike Act. The time until noon people of our world. Infuse them with will be divided between the two parties, Mr. REID. Mr. President, over the such a spirit of gratitude that they will with the majority controlling the first last 2 weeks, Senate Republicans have offer thanks to You by living according 30 minutes and the Republicans con- repeatedly claimed they support efforts to Your will. Remind them that You trolling the second 30 minutes. to keep interest rates low for Federal are with them and will guide them. At noon there will be a cloture vote student loans. In fact, Presidential We pray in Your sovereign Name. on the motion to proceed to S. 2343, nominee Mr. Romney has said the Amen. which is the Stop Student Loan Inter- same. There is only one way to prove est Rate Hike Act. Following that this, and that is to end the needless fil- f vote, the Senate will recess until 2:15 ibuster of Democrats’ plan to stop rates from doubling this summer. PLEDGE OF ALLEGIANCE p.m. to allow for our weekly caucus meetings. Democrats have proposed legislation The Honorable CHRISTOPHER A. COONS to freeze student loan interest rates at led the Pledge of Allegiance, as follows: f current levels for a year without add- I pledge allegiance to the Flag of the MEASURES PLACED ON THE CAL- ing a single penny to the deficit. Our United States of America, and to the Repub- ENDAR—H.R. 2050, H.R. 2240, H.R. plan adds no new taxes. I repeat, Mr. lic for which it stands, one nation under God, 4628, AND H.R. 4849 President: Our plan adds no new taxes. indivisible, with liberty and justice for all. Mr. REID. Mr. President, I under- It would simply stop wealthy Ameri- f stand there are four bills at the desk cans from avoiding the taxes they al- due for a second reading, and I would ready owe. Our legislation would pre- APPOINTMENT OF ACTING ask the Chair to move these forward. vent 7 million students from paying PRESIDENT PRO TEMPORE The ACTING PRESIDENT pro tem- $1,000 more over the life of each of their loans. Yet Republicans appear poised The PRESIDING OFFICER. The pore. The clerk will report the bills by to filibuster this worthy measure. They clerk will please read a communication title for the second time. The legislative clerk read as follows: are sending a clear message they would to the Senate from the President pro A bill (H.R. 2050) to authorize the contin- rather protect wealthy tax dodgers— tempore (Mr. INOUYE). ued use of certain water diversions located and that is what they are—than help The legislative clerk read the fol- on National Forest System land in the promising students achieve their lowing letter: Frank Church-River of No Return Wilderness dreams of higher education. U.S. SENATE, and the Selway-Bitterroot Wilderness in the Republicans will try to explain away PRESIDENT PRO TEMPORE, State of Idaho, and for other purposes. their ‘‘no’’ votes by claiming they op- Washington, DC, May 8, 2012. A bill (H.R. 2240) to authorize the exchange To the Senate: of land or interest in land between Lowell pose the way the legislation is paid for. Under the provisions of rule I, paragraph 3, National Historical Park and the city of They propose radical cuts to a preven- of the Standing Rules of the Senate, I hereby Lowell in the Commonwealth of Massachu- tive health care fund instead—a pro- appoint the Honorable CHRISTOPHER A. setts, and for other purposes. posal they know we oppose.

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

S2933

VerDate Mar 15 2010 02:44 May 09, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.000 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2934 CONGRESSIONAL RECORD — SENATE May 8, 2012 Mr. President, we have already cut have indicated, difficult cuts to this didn’t even show up for the vote. Never that plan to the bare bones. We have program. We cannot afford to make mind the fact that Democrats have used this on other programs to cut and more drastic cuts that would put known this problem was coming for lit- we have done it in the right way. Any Americans’ health at risk. erally years but deliberately waited fluff that was in that program is gone. While we do not support Republicans’ until 2 months before their temporary Some say we have cut far too much out plan to cut programs that combat dia- fix was due to expire to do anything of it. betes, heart disease, or cancer, we are about it. The prevention fund is, as we speak, happy if they want a vote on some al- Never mind any of that. What mat- helping States fight chronic illnesses ternative. But let us get on this bill. ters now for Democrats is they find a such as heart disease, cancer, stroke, Republicans need to stop filibustering way to drive a wedge between Repub- and diabetes. These chronic diseases I our legislation—in this instance, the licans and a constituency they are have just mentioned are responsible for Stop Student Loan Interest Rate Hike looking to court ahead of the Novem- 7 out of 10 deaths in America today. Act. If they want some other way to ber elections. That is what today’s vote Imagine, 7 out of 10 deaths are caused pay for it, let us take a look at it. Let is all about for them. from heart disease, cancer, stroke, and them offer it. The stakes are too high For Republicans, well, we don’t think diabetes. Yet Republicans want to use to let partisanship get in the way. young people should have to suffer any this program to pay for the student The average student graduates with more than they already are as a result loan interest rate stabilization—a pro- $25,000 in debt. These young people are of this President’s failure to turn the gram that stops these diseases from running up these loans because they economy around. We just disagree we going forward. It is a preventive pro- want to, because education is so impor- should pay for a fix by diverting $6 bil- gram. tant in our country. But too many lion from Medicare and raising taxes These diseases are responsible for young people are putting off buying a on the very businesses we are counting three-quarters of the Nation’s health house, starting a family, or opening a on to hire these young people. care spending. So anything we can do business because they are saddled with But as I said, solving the problem to cut those back is the right thing to this crushing student loan debt. We isn’t what this is about for Senate Democrats and the White House they do. Common sense indicates we need to don’t need to load that burden even are coordinating with. Finding a solu- be treating those 26 million Americans more. Democrats are determined to tion to this problem actually isn’t dif- with diabetes. Around America today protect millions of students from in- ficult at all. What is difficult is getting there are 26 million people who are creasing interest rates—almost 30,000 Democrats to agree to it in an election taking medicine for diabetes, and it is in Nevada alone. year. For them, it is about putting the sad to say that includes a rapidly grow- If Republicans truly share our goal, ing number of children. These 26 mil- other party on the spot. they will vote to advance this legisla- Look, Republicans have a solution to lion people use up much of our health tion today. this problem. We have asked for a vote care delivery system, and diabetes in- f on it. Even Senator HARKIN, who op- creases the risk of developing other poses our approach, thinks we should costly, life-threatening, chronic dis- RECOGNITION OF THE MINORITY at least get that vote. But following eases such as heart disease, stroke, LEADER the President’s lead, Senate Demo- The ACTING PRESIDENT pro tem- kidney failure, and many other mala- cratic leaders have decided to put the pore. The Republican leader is recog- dies that come from simply having dia- finger of blame instead on us instead of nized. betes. solving the problem—which, of course, This prevention fund the Republicans f is completely ridiculous. want to use to pay for this stabiliza- ELECTION YEAR LEGISLATION Here we are nearly 31⁄2 years into this tion program for student loans also President’s first term, and he is still Mr. MCCONNELL. Mr. President, it is pays for successful tobacco cessation blaming his predecessor. He got nearly not exactly a State secret that Senate programs that avert billions of health everything he wanted for 2 years. He Democrats have turned the floor into care costs to treat emphysema, heart borrowed and spent trillions. He took an extension of the Obama campaign disease, and cancer, among others. It over the student loan industry. He over the past few months, and that finances immunizations for prevent- took over health care. He imposed his what happens here these days has a lot able childhood illnesses such as mea- regulations. It is his economy now. Yet more to do with what some political sles and whooping cough. he is still blaming others. These diseases are back because consultant out in Chicago thinks is My view is, if you are going to ask there have been too few immuniza- good for the President’s reelection the American people to take responsi- tions. Last year, measles reached a 15- than what the American people think bility for their actions, pay their fair year high in our country. After nearly would be good for the country as a share, and play by the rules, it is time being wiped out in the 1950s, whooping whole. the President led by example and did cough has resurfaced. There have been Separation of powers notwith- the same. major articles—I read one—that are standing, the Democrats’ top message Three months ago, the President told stunning. As a kid, I received a whoop- man recently admitted Senate Demo- the American people that it is time to ing cough shot. I hadn’t heard of it, but crats and the White House are ‘‘at- apply the same rules from top to bot- it is back. This is a terrible disease tached at the hip,’’ meaning, of course, tom. The President said: No bailouts, that we now have in America. As I say, the Senate has ceased to be a place no handouts, and no cop-out. An Amer- it has come back. It produces violent where problems are resolved and has ica built to last, he said, insists on re- coughs that can go on for as much as 6 become instead a place where Demo- sponsibility from everybody. Yet day months. People can die as a result of crats produce campaign material. after day, week after week, what do we coughing so hard. There has been a real Today’s vote on student loan rates is get from Democratic leaders in the bad outbreak of whooping cough in a perfect example of this cynical elec- Senate and from the President himself California, and the disease in America tion year strategy in action. Rather but more cop-outs. has reached its highest rate in 50 years. than working with Republicans to help Here is the real issue behind today’s Yet the Republicans want to cut back young people in this country weather votes. Right now, more than half of on these immunizations. That is not a the effects of the Obama economy, college graduates cannot find a decent good idea. Democrats have sought to distract job. Close to half of them are back at These diseases I have talked about them from it. Never mind the fact that home living with their parents. As a are completely preventable with the Democratic leaders supported the bill Wall Street Journal article from late proper immunizations the prevention that will cause interest rates on cer- last year put it: The U.S. labor market fund supports. Yet Republicans want to tain college loans to spike on July 1. may be in a malaise, but young adults axe investments in preventive care Never mind the fact that President are in a crisis. that save the country money and save Obama was so concerned about this The real solution, of course: lives. We have already made cuts, as I issue when this legislation passed he progrowth policies that make it easier

VerDate Mar 15 2010 00:09 May 09, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.001 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2935 for U.S. businesses to hire. But in the and student loans were what allowed In fact, since 1985, the cost of a college short term, Republicans are ready to my six brothers and sisters and me to education has increased by 559 percent offer temporary relief, just as we did go to college when my dad got sick and because States have had to cut back for working Americans early this year had to leave his job. They were what their support for higher education and by extending the payroll tax holiday. made college affordable for us, and operating costs have increased. Stu- To pay for this fix, Republicans pro- they were what allowed each one of us dent loan debt has spiked, and for the pose to end an ObamaCare slush fund to pursue careers and give back to our first time in U.S. history, the national that Democrats and the President him- communities. Because our government student debt burden has surpassed $1 self have already drawn from to cover was there for us, at a very tough time trillion. That is more than the total other expenses. for us, those seven kids in my family amount of credit card debt. This is a pay-for Democrats and the grew up to be a firefighter, a lawyer, a So the last thing our students right President have already used. computer programmer, a sports writer, now need—the very last thing—is for This is perfectly reasonable. It is a a homemaker, a middle-school teacher, interest rates on this critical loan pro- solution to a problem both parties and a United States Senator—a pretty gram to double. We cannot afford to want to address. It passed the House good investment by our country. And allow that to happen. At a time when with bipartisan support. If Democrats our family’s story is not unique. mortgage rates are under 4 percent, we want to solve the problem, they should In fact, last week I went across my should be doing everything possible to embrace it too or, at the very least, home State of Washington listening to keep rates low for students today. In offer a bipartisan solution of their own. student after student describe the real- fact, we should be investing in our fu- The White House has done neither. life impacts this interest rate hike will ture and trying to get more high school The real enemy of recent college have on their livelihood. The Colum- students to continue their education. graduates is this President’s economic bian, a newspaper in Vancouver, Wash- We should not be doubling interest policies. Until Democrats are willing ington, wrote a story on the roundtable rates on a critical loan program that to admit that, we will keep falling be- I held last week with local students. As students count on. It does not make hind. And the real losers will be the the Columbian reported: the rate hike sense. young people we should be working to- would impact students like Dora Her- The Stop the Student Loan Interest gether on a bipartisan basis to help. nandez, a first-generation college stu- Rate Hike Act that is before us is a Mr. President, I yield the floor. dent at Washington State University in commonsense measure that will pre- f Vancouver. They reported that: Dora vent a rate hike on more than 7.4 mil- became a mother at the age of 18, 2 lion college students, and it pays for it RESERVATION OF LEADER TIME months after she graduated from high by closing a tax loophole that allows The ACTING PRESIDENT pro tem- school. She worked two to three jobs at certain wealthy professionals to dodge pore. Under the previous order, the a time to support herself and her child. paying their fair share of taxes. So I leadership time is reserved. It was at one of those jobs working the hope we can move to this today. f concession stand on a college campus I want to add, it is not just the students I talked about, Dora and Diane, STOP THE STUDENT LOAN INTER- that inspired her to improve her own who are speaking out against this rate EST RATE HIKE ACT OF 2012—MO- life by earning a postsecondary degree. hike. In fact, if our Republican col- TION TO PROCEED She received some financial aid, but she will still have $29,000 in student leagues do decide to block our ability The ACTING PRESIDENT pro tem- loans to pay back when she graduates to go to this bill today, I know that pore. Under the previous order, the this month, she told me, proudly stand- students all across our country are Senate will resume consideration of ing right in front of that concession going to continue to make their voices the motion to proceed to S. 2343, which stand she used to work at. She has no heard about this—whether it is in per- the clerk will report by title. job lined up yet. She said: son or in letters or on Twitter or on The legislative clerk read as follows: I was flabbergasted to find out how much Facebook—and we will bring those sto- Motion to proceed to S. 2343, a bill to student loan debt I’ve accrued. Honestly, I’m ries right here to the Senate over and amend the Higher Education Act of 1965 to scared. I hope Congress finds a way to keep over until Republicans see that the extend the reduced interest rate for Federal interest rates on student loans down for stu- students of America are not going to Direct Stafford Loans, and for other pur- dents like me. take no for an answer on this critical poses. The Columbian also reported the issue that will affect their lives far The ACTING PRESIDENT pro tem- story of Diane Robinson, a 24-year-old into the future. pore. Under the previous order, the single mom who told me she decided to Mr. President, I yield the floor. time until 12 noon will be equally di- enroll at Clark College after a divorce The ACTING PRESIDENT pro tem- vided and controlled between the two left her with absolutely nothing. She pore. The Senator from Ohio. leaders or their designees, with the ma- told me: Mr. BROWN of Ohio. Mr. President, I jority controlling the first 30 minutes I would not be here without the loans. It rise in support of the same legislation, and the Republicans controlling the would be impossible. and I appreciate the work of Senator second 30 minutes. Through her tears, Diane told me MURRAY and Senator KLOBUCHAR. The Senator from Washington. that she was raised to repay her debts I introduced this legislation with Mrs. MURRAY. Mr. President, we are and worries about her looming student Senator HARKIN of Iowa and Senator here today because unless Congress loan payments every single day. She REED of Rhode Island, and in the last acts, the interest rate for many of our said: couple of weeks I have been to the Ca- students—over 100,000 of them in my If there is an increase on student loan in- yuga County Community College, a home State of Washington—is going to terest rates, it will compromise my quality community college in Cleveland, Ohio double in 55 days. of life. Repaying the debt I have accrued will State University, Wright State Univer- On July 1, the law we passed that be essential for me to have a happy future. sity near Dayton, and the University of held rates on federally subsidized Staf- For millions of Americans, affordable Cincinnati. There were student bodies, ford loans to 3.4 percent will end, and college has been the ticket to the mid- student government people in both po- rates are going to jump overnight to 6.8 dle class. And for millions of small litical parties there. There is virtually percent. That is going to add $1,000 to business owners, finding local workers universal support among students for the cost of loans for these young peo- with the education skills they need has this legislation. We have no business ple, and it is going to be another huge been what has allowed them to expand letting the interest rate double. The strain for students and families who and grow in our communities. We can- vote that will take place in less than 1 are already fighting to afford college not afford to let that slip away. We hour gives us an opportunity to help and still struggling in this tough econ- can’t allow access to college to become students in a huge way. omy. unattainable for so many of our fami- The average Ohio graduate of a 4- This isn’t an abstract issue for me. lies. As we all know, college costs are year university has a $27,000 student For me it is very personal. Pell grants rising too quickly right now anyway. debt. If we are going to pile more

VerDate Mar 15 2010 00:09 May 09, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.003 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2936 CONGRESSIONAL RECORD — SENATE May 8, 2012 money on that debt by allowing the in- you have a student who may be the We have seen this in my own State, terest rate to go from 3.4 to 6.8 percent, first in their family to ever go to col- where we are home to one of the best it means that student is less likely to lege, are we going to turn our back on skilled, most educated workforces in be able to buy a house, less likely to them and say: No, we don’t want you to the country. That is the reason we are probably start a family, and less likely go to college? Well, that is not going to first per capita for Fortune 500 compa- to be able to start a business. It saps work in our country. That is not going nies. I can tell you it is not the weath- wealth from our community. If we can to work, because in Minnesota the er. These companies did not elect to keep this interest rate at 3.4 percent, it numbers just came out, and up to 2018, move to Minnesota and to stay in Min- will pay dividends much more than the of all the new jobs created, 70 percent nesota because of our winters. They cost of this. are going to require some kind of post- came in large part because of the edu- I would close by saying this was a bi- secondary education. Half of them are cated workforce, because we had people partisan arrangement. Back in 2007, going to require 1-year to 2-year de- who could do the jobs and create the when Senator KLOBUCHAR and I were in grees, the other half are going to re- inventions. At 3M, Minnesota Mining our first year in the Senate, President quire 4-year degrees or more. We know and Manufacturing, they have as many Bush signed legislation brought for- those facts. We know how we are going inventions as they have employees. ward and passed by a Democratic Sen- to be able to compete in this world, and They average one invention for each ate and a Democratic House, with Re- that is by having educated workers. To employee. That is a fact. Look at the publican support. So it had broad bi- do that, we cannot turn our back on numbers. Why is that? Because we have partisan support to lock in 3.4 percent the students who may be in a situation the educated workforce to fill those for 5 years. Why are people making it where they can work part time. jobs. We also know that students today, partisan now? There was one girl I met at the Uni- The fact is we should pass this legis- versity of Minnesota who was working both those in college and those who are considering college, face many unex- lation today. We should pay for it in a a 50-hour paid job every week in addi- pected obstacles, including the pres- way by closing these tax loopholes that tion to the classload, in addition to sure to pay for higher education. As I are called the Newt Gingrich-John going to school. These students are mentioned, when I visited students at Edwards tax loopholes, where both of working hard, and we must make sure the University of Minnesota and also they are able to complete their college them—Newt Gingrich, a Republican, Minnesota State at Mankato, I heard and complete their degrees. College and John Edwards, a Democrat—in firsthand about their experiences and tuition and fees have been rising more their private sector lives have legally how hard they were working to get rapidly than household income over been able to avoid tens of thousands of those degrees. These students face dollars in taxes. Lobbying firms, con- the last two decades, and it is becom- many hardships and many sacrifices, sulting firms, all have used this loop- ing more and more difficult for stu- but they continue to move forward and hole. Governor Romney wanted to dents and their families to afford these they are determined to get their edu- close this loophole when he was Gov- costs. cation. The reality is that students can We know that student loan debt has ernor of Massachusetts. It is something work, save money, and be totally re- reached record levels. College seniors we should move forward on and put the sponsible about saving for and paying partisanship aside and pass this. This owed an average of $25,000 in student for college, but life can bring unex- is good for individual students, just loan debt upon graduating in 2010, with pected challenges, and students need like the GI bill after World War II was a total loan debt reaching $1 trillion. help through access to low-interest good for millions of individual stu- This is what we are dealing with. loans. That is all we are talking about I know when I had student loans I dents. Look what it did for our society here, low-interest loans. as a whole. It made us a richer coun- paid them off, and, Mr. President, you Interest rates on Stafford student try, a more prosperous country, a more will be happy to know that I met my loans are set to double from 3.4 percent egalitarian country. What is not to husband right after I had paid off my to 6.8 percent on July 1 of this year. like about that? That is why we should loans and he still owed over $20,000 in Unless Congress intervenes, 7 million pass this legislation. student loans, but I married him any- students will see higher interest rates I yield the floor. way. I have had firsthand experience in on their student loans—a dramatic in- The ACTING PRESIDENT pro tem- what it is like to pay off these loans crease in the interest rate that does pore. The Senator from Minnesota. but never in these amounts our stu- not make sense at a time when the Ms. KLOBUCHAR. Mr. President, I dents today are facing. While it is nor- economy is still struggling to recover rise to speak in support of the Stop the mally good to be above average, my and students are facing ever higher col- Student Loan Interest Rate Hike Act. home State is, unfortunately, above lege costs and young graduates are I want to first acknowledge my col- average in student loan debt. We rank having a hard time finding jobs. I know league Senator BROWN of Ohio for his fourth in the Nation. The average Min- how valuable these loans are to stu- leadership. They have Ohio State, we nesota student graduates from college dents, and that is why I am a cosponsor have the University of Minnesota, and with more than $29,000 in loan debt. of the Student Loan Affordability Act, both of us have met with students from As college costs skyrocket and stu- which would prevent the rate hike and these States who have told us firsthand dent loan debt climbs, we have to con- ensure college remains affordable. That what they are experiencing every sin- sider what this means for students would affect this doubling of the inter- gle day. I have talked to students at today and what effect this will have on est rate for, in my State alone, 200,000 the University of Minnesota and Min- our future. At a time when our global students. Think what we want those nesota State in Mankato, where my fa- economy demands more of our work- 200,000 students to do. We want those ther-in-law taught for many years, and force, we must focus on the foundation students to be out there inventing the they have told me about their own sit- of our future prosperity, and that is next Post-it note for 3M. We want them uations, where they may have five sib- education, particularly in science, out there inventing the next pace- lings and there is absolutely no way technology, engineering, and math. To maker. We want them out there in- their parents, both of whom are work- advance in those fields, you need at venting the next Google. That is what ing, can afford to send their kids to least a 2-year degree or a 4-year degree. this is about. That is how our economy college without loans. We know that. We must do more to ex- has run. We are a country that makes I have talked to a young woman in pand higher education opportunities and invents products, makes them and Mankato whose mom was helping with and make college affordable for our exports them to the world. The only the tuition, and then suddenly her students. It is one of the best invest- way we do that is with affordable edu- mom lost her job and she couldn’t help ments we can make in the long-term cation. anymore, parents who have gone out success for America. That is because I have heard from hundreds of Min- on disability who can no longer help education doesn’t just pay off for stu- nesotans who say the costs are putting anymore. dents, it also pays off for our country a strain on their families and making We have to ask ourselves as a coun- in the form of a skilled workforce and college seem out of reach. This is unac- try, when those things happen, when a competitive economy. ceptable, and we must act now.

VerDate Mar 15 2010 00:09 May 09, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.004 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2937 I know this firsthand, as I explained, How many of you work full time while aisle but that we are talking about not only from what I have seen in my going to school? A few of them, a num- taking out of the Tax Code so that we State, what I have seen in the inter- ber of them. That is no way to go to can maybe not raise marginal rates as relationship between education and school. much or, on the other side, they say we business, but in my own life. My Time after time when I talk to kids, can take out the loopholes and lower grandpa was an iron ore miner. He I hear their stories. it. If you can’t get rid of this loophole, worked 1,500 feet under the ground in Mike Flannery is a graduate of Hen- there is no loophole you can get rid of. the mines in north Minnesota. He nepin Technical College. He was forced This is so obviously a wrongheaded never graduated from college. He never to take out private student loans be- loophole. That extra money they take even graduated from high school. He cause Federal loans were not enough to at the end of the year, it is not consid- saved money in a coffee can in the pay for his college costs. He graduated ered capital gains, it is income. They basement of their little house, this from his associate’s program with a pay the top rate on that income—it is small house where they literally only total debt of $34,750. Michael is now above the top rate. This offset would had a shower in the basement. He saved struggling to deal with this massive affect only people making over $250,000. money in that coffee can to send my debt load, and he told me he will likely We need to pass this legislation. This dad and his brother to college. They have to drop out of his summer is a loophole we need to close because were the first in that family of Slove- coursework due to college costs. He it just makes sense. It is a loophole nian immigrants—the first to go to col- currently owes $45,250 and is still work- that I don’t think anyone can really lege. They went to college. My uncle ing toward his bachelor’s degree. defend. I really don’t. I would love to became an engineer living in Roch- No wonder it takes our students 6 hear someone try to defend this one. ester, MN. My dad went to the 2-year years to graduate—or longer. It is now Again, I have heard over and over that junior college, got a degree from what not really a question; you have to grad- we just have to close some loopholes, is now Vermilion Community College, uate from college or at least get a 2- these crazy loopholes. This is the one then went on to the University of Min- year degree to get a good-paying job in we need to do so our kids can have a nesota, got his journalism degree, this country. In the next 7 years, 70 manageable debt, so they are not pay- joined the AP, and then went on to the percent of jobs in Minnesota will re- ing exorbitant costs on their debt. Minneapolis Star and Tribune, where quire some type of postsecondary cre- We have to be realistic about all of he became an award-winning jour- dential. Yet right now only 40 percent this, about what it takes to make it in nalist. He traveled the world. He got to of working-age Minnesotans have one. this country. You need a college edu- interview everyone from Ginger Rogers If we are going to compete with other cation or you need some postsecondary to Mike Ditka to Ronald Reagan. That countries, we have to do something education. We have a skills gap in this is my dad’s life, and it all started be- about this. What can we do? We have to country we need to close. Kids are bor- cause his parents believed in education get long-term costs under control. rowing and borrowing, and we are but, most importantly, his country be- There is a lot to do there, but that is doing this generation a disservice. We lieved in education—the United States the long term. In the short term, at have to look at reality. of America. That is what this issue is least we should do no harm. On July 1 I heard Mitt Romney the other day about. It is about progress, it is about Stafford loans, subsidized Stafford in Ohio. He said to kids: Look, take a families, and it is about moving this loans are set to double, from 3.4 to 6.8 chance on yourself. Borrow money country forward. percent. That is unconscionable. from your parents to start a business. Mr. President, I yield the floor. This legislation was written in 2007, That is not what is happening in this The ACTING PRESIDENT pro tem- and that said it would double. If you country. Kids cannot accumulate an pore. The Senator from Minnesota. look at interest rates, what they have average of $29,000 in debt and still be Mr. FRANKEN. Mr. President, we done from 2007 to now, they have just able to borrow from their parents. If just passed the deadline for students to shot down. This makes no sense what- they could borrow from their parents, decide where they are going to college soever. This is going to affect over 7.5 they wouldn’t have an average of this fall. This is one of the biggest fi- million students nationwide, over $29,000 in debt; they would be bor- nancial decisions students will ever 200,000 in Minnesota. If we fail to take rowing from their parents. make. Nationally, student loan debt is action, this will cost every student in The reality is we are putting a bur- over $1 trillion. It is higher than credit Minnesota about $1,000 in increased den on our children that we should not card debt. Over 60 percent of the class loan costs over the life of the loans. be putting on them. We should close of 2010 graduated with outstanding stu- That is real money. this loophole that there is no rhyme or dent loans, college graduates. In Min- We have an offset here we have tried reason for so these students can be nesota we are fourth in the country for to do. It is about S corporations. I paying a reasonable interest rate and the level of debt college graduates take don’t want to get into the details of not some exorbitant interest rate. This with them. It is $29,000. This is hurting this. Basically what it is—let’s say you is just common sense. us as a nation in competition with have an S corp. You are a businessman, I urge my colleagues on both sides of other countries. It was not too many and at the end you take your salary the aisle to vote for this bill and then years ago that the United States was and profits, and most honest business- we can move on to some other things. No. 1 in the world in the percentage of men pay taxes on all of that, including Mr. LEAHY. Today the Senate will its adult population that had grad- their withholding tax, their FICA. So vote on a vital piece of legislation that uated from college. Now we are some- you pay FICA on $107,000, approxi- I am proud to cosponsor, to prevent the thing like 16th. That is going to hurt mately, in withholding tax. That pays rise in interest rates on need-based stu- us. into Social Security and Medicare. dent loans. Without action, millions of We have to do something about stu- That is what FICA is. students across the country will see dent debt. Behind every one of these There are others who take advantage their interest rates double on their statistics, there are stories. I had stu- of a loophole. It is a loophole. It is subsidized Stafford loans on July 1. At dents from the board of MNSCU—it is a legal. Let’s say you are a businessman the very least, these students deserve a Minnesota organization of colleges and and you make $300,000. Well, you pay debate on this vital pocketbook ques- universities—in my office, and there yourself a salary of $40,000 and you pay tion that affects millions of young must have been about 15 or 20 of them. your FICA on that. Then at the end of Americans and their families. I said to them: How many of you work the year you take out the profits. Now, I have always strongly believed in at least 10 hours a week while going to these profits are not capital gains. the importance of a college education. school? All of them. How many of you They pocket the business’s profits I was the first in my family to have the work 20 hours a week? Most of them. without paying payroll taxes. This is opportunity to go to college. Every How many of you work at least 30 as clearly a loophole as anything that young person should have the chance hours a week while going to school? A exists in our Tax Code. This is exactly to pursue higher education. Education lot of them. How many of you work 40 the type of loophole that everyone, not is a path out of poverty, a road to per- hours a week while going to school? just our friends on the other side of the sonal growth, and an access ramp to

VerDate Mar 15 2010 00:09 May 09, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.005 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2938 CONGRESSIONAL RECORD — SENATE May 8, 2012 professional accomplishment and eco- nesses can avoid paying employment I was proud to vote for the initial ef- nomic security. Everyone wins when taxes on their employees’ paychecks. forts to keep student loan interest access to education expands. This measure would ensure that busi- rates low back when I was serving in It should go without saying that stu- nesses employing individuals making the House in 2007. Now I am a proud co- dent loan costs should not rise so high over $250,000 would be subject to the sponsor of the Interest Rate Reduction that students cannot repay. Yet in re- same Medicare and Social Security Act which has been offered by my cent years, average college tuition taxes every business must pay. This is friend, the Senator from Tennessee, rates have increased faster than infla- a commonsense reform that we should Mr. ALEXANDER. This legislation pre- tion, far outpacing student financial all support. vents student loans from doubling from aid. Since 1985, the cost of attending Each opportunity for a young Amer- 3.4 percent to 6.8 percent, and I truly college has increased by 559 percent, ican to earn a college education is also hope Congress will be able to come to- and last schoolyear alone, instate tui- an opportunity for the Nation’s future. gether with a bipartisan agreement tion and fees at public 4-year institu- Our country’s ability to compete in the soon to prevent this increase from tions averaged 8.3 percent higher than global marketplace in the future de- going into effect on July 1. the previous year. pends on our children’s ability to fi- While student loan rates should be I hear from Vermonters constantly nance their education. This does not addressed, I am even more worried about their struggles to afford college need to be a partisan issue and should about the overall economic climate and their concerns about student loan be one where we can find widespread facing college grads. Recent reports debt after they graduate. Skyrocketing agreement. found that more than half the bachelor tuition is making it increasingly dif- We must not tell the 7.4 million stu- degree holders under the age of 25 last ficult for families to afford higher edu- dents who rely on subsidized Stafford year, which was 1.5 million young cation. Many students are forced to loans that their interest rates will dou- Americans, were jobless or under- take on significant debt, and too often ble because protecting a tax loophole is employed. Of the 1.5 million lan- they are not able to complete college more important than their ability to guishing in the job market, half were because of soaring costs. For those stu- afford college. I urge every Senator to underemployed. These young would-be dents who do go on to graduate, record help us move ahead today to support professionals are either unemployed student loan debt has made getting our students, their futures, and our and unable to start paying their loans ahead in today’s job market next to country’s future. or have a job that may only provide impossible for many students. Unfortu- I suggest the absence of a quorum. The ACTING PRESIDENT pro tem- enough for them to barely scrape by nately, along with the pressure from pore. The clerk will call the roll. paycheck to paycheck. Instead of be- student loan debt has come an increase The legislative clerk proceeded to coming the workforce of the next gen- in default rates among borrowers, call the roll. eration, the majority of recent grad- which will affect a student’s financial Mr. HELLER. Mr. President, I ask uates are finding their personal lives stability for decades. unanimous consent that the order for and finances mired in this ailing econ- Especially during these difficult eco- the quorum call be rescinded. omy. Parents who have been laid off or nomic times we need to be doing more The ACTING PRESIDENT pro tem- who have seen their savings diminish to address the rising costs of higher pore. Without objection, it is so or- have not been able to help their chil- education and the growing need for dered. dren through their education as they student financial aid. We have made Mr. HELLER. Mr. President, I rise in may have planned or wanted to. Our significant investments in higher edu- support of efforts to prevent an in- children and grandchildren are paying cation and making college more afford- crease in the student loan rates. the price for Washington’s failure to able in recent years through historic For millions of Americans, education lead our Nation out of this economic investments in the Pell Grant Pro- is the key to success and a better fu- crisis. gram, moving to a universal system of ture for themselves and for their fami- Addressing student loan rates is im- direct loans, and through the Presi- lies. Workers with a bachelor’s degree portant and we need to accomplish dent’s recent Executive order to reduce today earn about 70 percent more each that work promptly, but our work for monthly payments for low-income bor- year than those with only a high America’s colleges students and recent rowers. While these measures have cer- school diploma. We all want a better graduates is far from over. Congress tainly helped students, more must be life for our children and for our grand- should be doing something every day to done to ensure every American has ac- children, and for many of them, a col- provide more stability and certainty cess to a college education. lege education is part of achieving that for businesses so they will create jobs While there is agreement on the need goal. and hire these graduates. We need to to prevent the interest rate increase, However, higher education carries an pass a budget and review expiring tax division remains on the way to finance increasingly substantial pricetag. One provisions. We need to get bureaucratic the yearlong extension. The House of my children has already completed redtape out of the way and let Amer- passed a bill largely along partisan her higher education, both my sons are ican job creators do what they do best. lines that would fund the student loan currently in college, and my youngest Let’s not put off until tomorrow what measure by eliminating the Prevention is preparing for her posthigh school we can do today to make sure good- and Public Health Fund, created under education. I know firsthand the finan- paying jobs will be available for grad- the affordable care act. Prevention cial strain on both the college students uates who have worked so hard to pro- funding is vitally important in helping and their families. vide for a better future and let’s pass a to lower health care costs and improv- The inflation-adjusted cost of college bipartisan measure that keeps student ing the health of Americans through has almost tripled over the last 25 interest rates low. chronic disease screenings, tobacco years, while median family income Thank you. I yield the floor and sug- education, and immunization pro- over the same period of time has risen gest the absence of a quorum. grams. An estimated 15 percent of col- only about 10 percent. Fees keep rising The ACTING PRESIDENT pro tem- lege seniors have chronic diseases and rapidly, soaring 8.3 percent last year at pore. Will the Senator suspend his re- could benefit from this funding. We public universities and 4.5 percent at quest? should not force on students a choice private institutions. In 2009, more than Mr. HELLER. I will. made by Congress, not by students, behalf of all public college graduates The ACTING PRESIDENT pro tem- tween disease prevention and lower in- were in debt, with an average loan bur- pore. The Senator from Nebraska. terest rates. den of nearly $20,000. For private col- Mr. JOHANNS. Mr. President, I rise The solution we offer is far better for lege graduates, the percentage and to speak about the issue that is cur- students and for the Nation. The bill to amount of debt is even greater. The rently under debate; that is, student which I hope we proceed today would loan burden itself is substantial, and loan interest rates. prevent student loan interest rates the last thing graduates need to worry For many students across this great from doubling by closing a loophole in about is high interest rates on these country, the month of May marks the the Tax Code. Right now, certain busi- loans. end of the school year and, for some, it

VerDate Mar 15 2010 00:09 May 09, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.029 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2939 means graduating after years of hard The bill is also enormously unfair to Senator ALEXANDER has proposed a work and moving on to another chap- seniors. By diverting tax revenues that good option that doesn’t slap the job ter in their life. Americans have al- would otherwise go to Social Security creators with a tax increase and ways been people who celebrate hard and Medicare, it ignores the warning doesn’t divert funds that would other- work and the doors that hard work flags we just received yet again about wise go to Medicare and Social Secu- open for all of us. these programs. A recent trustees’ re- rity, and I support his proposal. I would Our country was founded on the port verifies that both these programs also be open to supporting other pay- promise that people could come here to are on unsustainable paths. Medicare is fors other than the irresponsible one find the opportunity to realize their projected to be insolvent by 2024 and we will face today. It is time to look dreams. So one of the most devastating Social Security by 2033—two dates that for practical solutions that can actu- consequences of the recent economy is are well within sight. But instead of ally pass the Senate and help the that college students are beginning helping to strengthen these programs American people. Americans are get- this new chapter in their lives when op- for the future, this bill spends the ting sick and tired of election-year vot- portunities are harder and harder to money elsewhere. The legislation ig- ing where we face legislation that we come by. Sadly, today’s college grad- nores reality and, sadly, that has been all know is designed to fail with this uates are more likely to end up unem- all too familiar. singular focus of generating good cam- ployed or underemployed and strug- The health care law also siphoned paign talking points. While extending gling with student loan debt at the funding from Medicare to the tune of the student loan interest rate is impor- same time. They are more likely to end $1⁄2 trillion. This money was used to tant, a prosperous future depends on up with those circumstances than they pay for new entitlements in the law, more than just that low interest rate. are to land their dream job. not to extend the life of Medicare. The Young Americans would have greater Unfortunately, college costs have law’s supporters have sometimes prospects for the future in an economy been increasing faster than the cost of claimed it somehow did both—that that generated jobs and its growing in- living. Sixty-five percent of graduates magically we could count the same dol- come. The budgets would be less who got a bachelor’s degree in 2010 lar twice—but anyone who looked at drained if the price of gas and health graduated with debt. So as our econ- that disagreed with it, and basic math insurance didn’t continue to escalate, omy continues to lag, stopping interest tells us we can’t save and spend the and they would have more stability rates on subsidized Stafford student same dollar two times. That was just down the road if their future wasn’t loans from doubling could provide one of many budget gimmicks used to threatened by strained entitlement much needed relief. That is why I am a mask the true cost of the health care programs and a Federal debt that is cosponsor of legislation introduced by bill. now larger than the entire Nation’s my colleague LAMAR ALEXANDER which Student loans help shoulder the mas- economy. extends the current 3.4-percent interest sive cost of the health care law as well. Lately, instead of solving these prob- rate for an additional year. It needs to That law, interestingly enough, nation- lems, legislation simply looks for yet be done. alized the student loan industry, gener- another scapegoat, another political It cannot be denied that access to ating $60 billion over the decade, ac- gotcha, a bill that is designed to fail to education is imperative to ensuring a cording to the Congressional Budget get a 30-second spot. Here in the Senate prosperous future for Nebraska’s young Office. But instead of using that money we should not be in the scapegoat- or people and for all Americans. It should to address the doubling of student loan gotcha-finding business. We should be be our goal to foster an economic at- interest rates that was on the horizon, in the solution-finding business. That mosphere where jobs will flourish, our Congress and the President spent a por- is why I am proud to cosponsor Senator economy thrives, and opportunities tion of that money to help pay for the ALEXANDER’s legislation that does the abound for young people and, for that health care law—simply amazing. It is right thing for our country’s students. matter, for all Americans. That is why just one more example of a government This bill provides relief for students I am so disappointed that today we will that claims to know best when their during a difficult economic time, and it vote on a bill that takes such a dif- only remedy is to rob from Peter to uses money from a fund created from ferent approach to paying for the stu- pay Paul. Sadly, the misguided govern- the health care law to pay for the ex- dent loan interest rate extension. ment solution we will vote on today tension. Identical language has already The bill we will vote on taxes small will be counterproductive for our job passed in the House, and it is here for the Senate to consider. businesses and raids funds that would creators, for our economy, and for our The President has already signed leg- otherwise go to shore up the Social Se- Nation’s job seekers, our soon-to-be islation into law using this very health curity and Medicare trust funds. Pro- graduates. care fund as an offset. The President But don’t take my word for it. There viding relief for students, protecting even included cuts to this fund in his is a long list of organizations rep- seniors’ benefits, and fueling our Na- own deficit-reduction proposal. But tion’s job engine should not be mutu- resenting millions of employers and now, when it is politically expedient to ally exclusive goals. We should not be hard-working employees sounding an oppose those cuts, he has conveniently pitting one sector of our population alarm over the tax increase being pro- changed his mind. Well, these flip-flops against another. Yet that is what we posed in the bill we will vote on today. don’t go unnoticed by the American will do later on today. They are the people who build our people. This bill sacrifices one of those goals homes, fix our air-conditioners, run the I hope we can consider Senator ALEX- I just mentioned and puts another in corner convenience store, own res- ANDER’s legislation soon and the Presi- jeopardy to achieve a third. I believe taurants, print the flyers we distribute dent will reconsider his threat to veto that is counterproductive. Why? In and the church bulletins we receive on it. There has been a lot of finger point- part because the future of our young Sunday. They all say the pay-for in ing on this issue, but in reality every- people is so dependent on the avail- this bill is bad policy. They don’t buy body agrees interest rates on the Staf- ability of jobs in America. the notion that it is a simple tax clari- ford loan should not double when the This bill would raise taxes on job cre- fication. They identify it in plain economy is struggling. The only dis- ators at a terrible time. The U.S. econ- English as a permanent payroll tax in- agreement is over how to pay for the omy only grew by 1.7 percent in the crease. relief. It is unfortunate that an area last year, and our unemployment rate They go on to say in a letter to Sen- with so little disagreement has yet has been over 8 percent now for 39 con- ate leaders that a payroll tax increase again morphed into a political football. secutive months. Taxing job creators should not be diverted from Medicare Sadly, with this being a Presidential has a chilling effect on hiring. It isn’t and Social Security to a temporary election year, I fear there will be more straightforward to promise students program. That letter, dated May 3, of this political gamesmanship. But I the American dream while making it 2012, to Senators REID and MCCONNELL stand ready to work with anyone inter- harder for them to get a job—often the and signed by dozens of organizations ested in solving the problem. first step toward realizing their is in my hand and was printed in yes- I yield the floor, and I suggest the ab- dreams. terday’s RECORD. sence of a quorum.

VerDate Mar 15 2010 00:09 May 09, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.012 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2940 CONGRESSIONAL RECORD — SENATE May 8, 2012 The PRESIDING OFFICER (Mr. mandates that we are placing on State going to spend a dollar this year, we MANCHIN). The clerk will call the roll. governments. It is kind of appalling. have to save a dollar someplace else— The assistant legislative clerk pro- As a matter of fact, in our own State, what is Congress considering? Spread- ceeded to call the roll. at a time when Medicaid costs rose 15 ing the cost over the next 10 years. Mr. CORKER. Mr. President, I ask percent, in order to make our State’s What is that going to do? Accumulate unanimous consent that the order for budget balance the State legislature additional tremendous debt. What is the quorum call be rescinded. invested 15 percent less in higher edu- that going to do for the students who The PRESIDING OFFICER. Without cation. Again, what is happening is are now seeking these loans? Candidly, objection, it is so ordered. young people—such as the ones who are it piles up additional money they are Mr. CORKER. Mr. President, I rise sitting in front of me—are having to going to have to pay back. today to talk about the student lend- pay exorbitant tuition costs because Let me close by saying this: I know ing program that I understand we may the States around our country are not this is campaign season. I know can- be voting on a little bit later today. I able to invest in higher education. didates on both sides of the aisle are want to first say, like my colleague, I Therefore, it is being sloughed off on around college campuses in this coun- have talked with a number of students the backs of students as they enter col- try talking to students about their fu- in Tennessee and people who used to be lege. ture. What I find unbelievable—and I students in college who have a tremen- Let’s talk about the loan program think these students, by the way, are a dous amount of loan obligation they itself. First of all, a loan program that lot brighter than people give them have to deal with. Our hearts go out to charges 6.8 percent, which is what the credit for as they are campaigning folks whose careers start with a large program is getting ready to do, loans around on college campuses. But, basi- amount of debt, and we hear lots of money to all comers—in other words, cally, I think these students under- stories about the size of this debt. everybody who comes to get a loan— stand that as politicians are going So I want to start by saying that I and there is no collateral in place. It is around trying to offer them deals, they certainly empathize with much of what not like a home mortgage where there understand that at the same time is happening in the student lending is collateral. There is no downpayment. Washington is piling up tremendous program as it relates to the recipients As we know, these loans don’t begin to amounts of debt on these students, and on the one hand. On the other hand, as be repaid until years down the road. not only are they going to have their it relates to how we deal with this The U.S. Government is not even student loans to repay, but they are issue, which also relates to these young breaking even at 6.8 percent. So this going to have all of the trillions and people—I mean, at the end of the day, whole notion that this student lending trillions of dollars of debt that Con- these massive deficits we are piling up program—again, as part of the health gress is adding on in order to curry are also going to be an obligation to care bill—was going to create $50 bil- favor with citizens of all walks of life them in one form or another. I want to lion or $60 billion to fund a new health in our Nation. That is what happened speak to that for one moment. care entitlement was wrong in the first in Western democracies. We are seeing First of all, I want to say that my place. With the interest rate at 6.8 per- it play out right now in Europe. friend from Tennessee, the senior Sen- cent there is no way taxpayers are But what I think these students are ator, has done as good a job as any of coming out even. It is not possible. quickly figuring out is that we are laying out what is driving tuition costs As a matter of fact, CBO issued a re- really not giving them anything. Basi- in the first place. The reason students port in March that said if they used cally, we are taking with the other are having to borrow so much money fair accounting standards at the 6.8 hand. I think the numbers will carry to go to college these days is due to percent level, the Federal Government this out. If, in fact, we do deal with what we have done in Washington. was actually subsidizing student loans this pending student lending program What I mean by that is if we look at by 12 percent. So this whole notion of over the course of the next 6 weeks— the Medicaid Programs in West Vir- saying, well, the U.S. Government’s and my guess is we may well do that— ginia or Tennessee, what we have seen borrowing costs is low, and therefore I hope we will be honest with these col- over the course of the last couple of we ought to be making loans at 3.4 per- lege students and at least pay for this decades is that Medicaid costs have cent—by the way, I would love for us to expenditure by not spending money on been rising dramatically in our own be able to offer rates as low as we can something else so we are not, in es- States. Because State governments are to students. But the fact is we are al- sence, giving them something today forced to fund these huge Medicaid ready losing money at the 6.8-percent but taking away something much big- costs, they don’t have the same re- level. There is no way, with no money ger from them over the long haul. sources available to fund public higher down, no collateral, payments being I yield the floor. I note the absence of education. made down the road, taking all comers, a quorum. So what is happening is these State and default rates that will exist that The PRESIDING OFFICER. The governments, which are compelled by we could possibly be coming out at 6.8 clerk will call the roll. us, by the way, to fund these Medicaid percent. I think CBO has clearly stated The assistant legislative clerk pro- Programs—let me make a point. Most that by virtue of the report that came ceeded to call the roll. people realize that with the passage of out in March. Mr. REED. Mr. President, I ask unan- the health care bill a couple of years Let me come up with a third point. imous consent that the order for the ago, we are going to have upwards of 25 What we are getting ready to do is to quorum call be rescinded. million more Americans across this discuss a bill that spends $6 billion of The PRESIDING OFFICER. Without country on Medicaid. That was the our taxpayer money, and Congress is objection, it is so ordered. largest part of the health care expan- considering spending the $6 billion in Mr. REED. Mr. President, the vote sion that took place. this 1 year to give students who we will take today will affect millions In my own State of Tennessee they apply—futuristically, by the way. This of Americans. If we do not enact legis- have already projected over a 5-year has nothing to do with students who lation before July 1 of this year, ap- period that it is going to cost them are already in college today and have proximately 7.4 million students will over $1 billion to fund what this Con- student lending. But for this 1 year, for see the interest rate on their student gress mandated as it relates to health loan originations to student lending, loans double. care just a few years ago. That is $1 bil- we are going to keep the rate at 3.4 per- Nearly 200 student government lead- lion that is not going to be available cent, which is going to cost an addi- ers, representing more than 2.5 million for higher education. So when we cam- tional $6 billion this year. college students across the Nation, paign around the country and talk So what is Congress considering? have asked us to come up with a bipar- about wanting to deal with student Congress is considering paying for that tisan solution to keep the interest rate lending, I think we ought to be looking $6 billion over the next 10 years. So in- from doubling this July. at Congress because Congress is actu- stead of saying we are going to spend $6 Hundreds of thousands of students, ally the one driving the exorbitant tui- billion and do what most Americans parents, educators, and concerned citi- tion rates in the first place by these have to do on a daily basis—if we are zens have called and written to their

VerDate Mar 15 2010 00:09 May 09, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.014 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2941 Senators and Representatives with a Following this logic, students and loans at 3.4 percent for the next year or simple message: Don’t double the rate. their families across the country are whether they will go up double on July For them, student loan debt is not a probably wondering: Well, why isn’t 1. trivial matter. It is a matter of going the risk of doubling their interest rate This is just a vote on going to the to school, and it is a matter, ulti- treated the same way as benefiting the bill. For the life of me, I cannot under- mately, of the jobs they take and their wealthiest Americans through tax cuts stand why the Republicans do not even ability to pay off those loans during and businesses through tax cuts? Don’t want to go to the bill. Well, perhaps their working life. they count as much? Shouldn’t they they are afraid if the vote really comes Without action, students will pay, on count as much? down to the bill itself and the, quote, average, an additional $1,000 for every We propose to pay for this 1-year ex- offset, that maybe some of my friends year they have to take student loans, if tension by closing an egregious loop- on the other side of the aisle will think we let this rate double. hole in the Tax Code that has enabled that students may be a little bit more Two-thirds of the class of 2010 grad- certain high-wage earners to avoid pay- important than a few wealthy people in uated owing student loans, with an av- ing their fair share into Social Secu- this country who are not paying their erage debt of over $25,000. They are rity and Medicare by misclassifying fair share of taxes. But they are going walking out of school with a degree their wages as profits through sub- to hide behind this motion to proceed. and a huge debt. If we do not fix this chapter S corporations. It is a very So that is what the vote is at noon. Are problem, beginning today, that debt small subset of corporations that are we going to even go to the bill so we will be larger for their successes in the doing this, and our proposal is tar- can debate it, offer amendments, vote years ahead. geted. it up or down? Republicans do not even Student loan debt collectively has This is not the small manufacturing want to go there. They do not even passed the $1 trillion mark—exceeding plant that is organized as a subchapter want to proceed to the bill. credit card debt. In fact, there are S corporation or the pharmacy or the They have clouded it up in a lot of some who speculate this is the new lumber dealer. These are consultants, rhetoric about offsets and how we are bubble that is coming upon our econ- these are high-paid attorneys, these going to pay for this. It comes down to omy. This is a serious issue. are professionals who have chosen to a choice. We have a serious offer, a se- The good news is that there seems to put between themselves and their com- rious offer, a serious offset, one which be for at least the principle of pre- pany or their partnership in another is widely recognized as a terrible loop- venting this increase—an emerging bi- entity purely for the purpose of mini- hole. By closing that loophole—which partisan consensus that we should not mizing their payroll tax exposure. That affects a microcosm of individuals in allow the rate to double. The bad news is a loophole that should be cut regard- this country—we are able to pay for is that my colleagues on the other side less of other measures we are consid- keeping the interest rate at 3.4 percent have chosen to use the student loan in- ering. for another year. terest rate as another opportunity to Essentially, this is a very small My friends on the other side of the attack health care. They have proposed group of people, as I said. In order to be aisle say, well, they want to keep the to pay for the extension by cutting subject to this proposal, you would 3.4-percent interest rate, but they want funds to the Prevention and Public have to have 75 percent or more of your to pay for it by eliminating—elimi- Health Fund, reducing access to immu- gross revenues from professional serv- nating—killing the Prevention and nizations and services that seek to pre- ices. This does not apply to the manu- Public Health Fund that goes to help vent cancer, diabetes, heart disease, to facturer or the merchant. It is lawyers, make sure our kids do not get diabetes, name a few. accountants, lobbyists, and similarly to make sure we fight obesity, that we The President has already said he positioned individuals. And it is fur- cut down on smoking in this country, would veto this attempt to pit health ther restricted to only those who earn that we make sure kids get their vac- care against education—health care, more than $250,000 filing jointly. So cinations—all the things that go to which benefits all, but particularly this is not the struggling underpaid save us money in health care. That is benefits those low-income and middle- professional. These are people who are the prevention fund. They want to take income American families and, of doing reasonably well in this very com- that money away from there. They course, these education programs that plicated and competitive society. want to end that program. That is are a lifeline and a mainstay for mid- According to the Joint Committee on their offset. dle-income Americans. Taxation, in 2009 about 15 percent of all Well, if that is what they want, fine. The other aspect of attacking this S corporations were service businesses But let’s get to the bill. If they want to prevention fund is, in the long term, if as defined in this bill. Yet this small offer that as an offset, fine, we will we are ever going to get our hands subset is responsible for billions of dol- vote on it. But they do not even want around the cost of health care in this lars in lost revenue to Medicare and to go to the bill. Their priorities are country—and both sides recognize this Social Security. not the students. Their priorities are is one of the critical obstacles we face In a 2009 report, the Government Ac- protecting a small class of individuals in the future—we have to have better countability Office found that in the in this country who use the Tax Code prevention. It is difficult to understand 2003 and 2004 tax years, individuals to avoid paying their fair share of So- how people can say: Let’s not do pre- used this loophole to underreport over cial Security and Medicare taxes. vention, but we have to cut health care $23 billion in wage income. We have heard all about: job cre- costs. If we could have an effective pre- This is a loophole that should be ators, job creators; oh, we Democrats vention program, we could, indeed, closed. I hope my colleagues on the are going after these job creators. Well, over years, and with increasing suc- other side of the aisle will take a seri- the offset we have only affects sub- cess, reduce or at least begin to flatten ous look at it and join us in supporting chapter S corporations, and only sub- that proverbial health care cost curve. this bill. chapter S corporations that have three It is interesting to note, the other We have 54 days to prevent the inter- or less stockholders—three or less. side is proposing to use health care to est rate from doubling on subsidized These are usually family members. pay for this proposal to help middle-in- student loans. We have no time to They do not create any jobs—three or come families, but they do not always waste. less. If you have five or ten or more, insist on paying for everything they Mr. President, with that, I yield the you are not covered by this; only if you want to do. They will, frankly—and, I floor. have three or less, and only—only—if think, eagerly—extend the Bush tax The PRESIDING OFFICER. The Sen- you have more than $250,000 a year in cuts without any pay-for. The House ator from Iowa. income. It is very narrowly drawn, recently passed the so-called Small Mr. HARKIN. Mr. President, in a lit- very narrowly drawn. But the Joint Business Tax Cut Act with no offsets. tle over a half an hour we will have a Tax Committee scores this saying that And that costs $46 billion—nearly vote on whether we are even going to over 10 years, by closing this loophole, enough to pay for the student loan in- proceed to the bill that will keep inter- we put $6 billion into the Medicare terest rate at 3.4 percent permanently. est rates on our subsidized Stafford trust fund and $3 billion into the Social

VerDate Mar 15 2010 00:09 May 09, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.016 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2942 CONGRESSIONAL RECORD — SENATE May 8, 2012 Security trust fund. So there is $9 bil- another year. The President agrees. country saying he has worked with the lion there of money where people using Governor Romney agrees. Congress and has produced a way to this loophole—a few people using this We don’t agree with Senator REID’s help students save money. loophole—are able to escape paying proposal on how to pay for it. We have The President needs to also say a their share of Medicare and Social Se- suggested paying for it by reducing couple more things. It is not much curity taxes. spending in the health care law and re- money—$7 a month on average student We are saying, let’s close that loop- ducing it in a way that all but six loans. But this is the political season, hole. Let’s use those savings, put them Democratic Senators have supported or and students need to be aware of that. into the Medicare and Social Security at least from the fund they have sup- I have talked about tuition going up trust funds. Under the scoring system ported reducing before and from the and student loans going up. But if we here, any revenue that is raised or fund the President has supported re- do what we have agreed we should do, mandatory cuts go to offset any in- ducing before. what the House has already voted to creases in mandatory spending. Well, Why are we suggesting saving from do, and freeze this interest rate on 40 that is kind of budget jargon around the health care law? There is a reason percent of new student loans at 3.4 per- this place. All it means is, by closing for that. It is because those who passed cent for 1 year, it saves the average this loophole, we are able to do two im- the health care law are overcharging student on the average loan $7 a portant things: one, put more money students on student loans in order to month. That is for 10 years. It adds up into the Social Security and Medicare help pay for it. Here is why I say that. eventually to $830, but it is $7 a month. trust funds, and keep the interest rate The government is borrowing money, We should talk about the rest of the for students at 3.4 percent for another according to the CBO and the way it story too. Mr. President, how much time do I year. Not a bad deal. I think a very scores student loan spending today, at 2.8 percent and loaning it to students have remaining? good deal. But my friends on the other The PRESIDING OFFICER. The Sen- at 6.8 percent. The truth is, that 6.8 side are not going to go there. They ator has 14 minutes. want to kill the Prevention and Public percent is a pretty good interest rate Mr. ALEXANDER. I thank the Chair. Health Fund. for a student who is maybe unemployed The rest of the story is about why tui- Mr. President, how much time re- today. My colleague from Tennessee, tion is going up. As a result, why are mains on our side? Senator CORKER, was here talking loans going up? There are several rea- The PRESIDING OFFICER. The ma- about that earlier. There might be sons. The main reason, which every jority has 8 minutes remaining. other ways of looking at this spending college president and every Governor Mr. HARKIN. Mr. President, I yield differently. But the way the Congres- knows—and the Presiding Officer who the floor at this time and reserve the sional Budget Office scores this spend- was the Governor of West Virginia— remainder of our time. ing today, it says the government is college tuition is rising at public uni- The PRESIDING OFFICER. The Sen- borrowing money at 2.8 percent and versities and community colleges ator from Tennessee is recognized. loaning it at 6.8 percent and that the across the country, where three out of Mr. ALEXANDER. Mr. President, I government is making, in effect, a four of our students go, is because of can understand the Senator from profit—that is my word—because the Federal Medicaid mandates on States Iowa’s concern about the reduction of CBO says that based on the amount of that are soaking up dollars that would the prevention and public health fund, money the government is receiving otherwise go to the University of West which he put in the health care bill. I from the student loans, it makes a Virginia, the University of Tennessee, know he has a longstanding interest in profit or a savings of $61 billion over 10 the University of Iowa, and other pub- that subject. years. lic institutions. Every college Presi- But let’s be clear about this. It is not What did our friends on the other dent knows that and every Governor just Republicans who think that fund side do with that $61 billion? The Sen- knows that. That didn’t just start 3 isn’t the best use of taxpayer money; it ator from Iowa very carefully ex- years ago. That was going on when I is almost all the Democrats on that plained that yesterday. They spent it— was Governor 25 or 30 years ago. I even side of the aisle. In February, the Mid- all except $10 billion, which they used came to Washington and said to Presi- dle Class Tax Relief and Job Creation for deficit reduction. They could not dent Reagan: You take all of Medicaid Act was passed. It was voted on in the keep their hands off it. They spent $8.7 and we will take all of kindergarten Senate, and every Democrat except six billion of that excess money from stu- through the 12th grade education. We voted to take $5 billion out of the pre- dent loans to help pay for the health want out of this situation every year of vention and public health fund we are care law. having to use State dollars to fund one- talking about to pay for it. It is not We are saying that if we are looking third or whatever you think we ought only the Democrats on that side who for money to keep the interest rate at to be paying for Medicaid. have supported taking from the fund, it 3.4 percent, if we are trying to help stu- If we had made that swap 30 years is the President of the United States. dents, why don’t we give back to the ago, if the Federal Government had President Obama, in his Fiscal Year students the money we are taking from taken over all of Medicaid and the 2013 budget proposal, proposed taking them to pay for the health care law. States had taken over all of kinder- $4 billion away from the fund, and then We are overcharging students, accord- garten through the 12th grade edu- in his 2011 deficit reduction package, he ing to the way the CBO looks at the cation, the States would have come out proposed taking $3.5 billion from the loans, by $8.7 billion to help pay for the about $4.5 billion ahead. If we made it fund. So it is a bipartisan proposal. We health care law. We propose in our bill today, if the Federal Government took are a government that is borrowing 40 to freeze the rate at 3.4 percent, give all of Medicaid and the States took all cents of every $1 we spend. If we are the students back the money we are of elementary and secondary edu- going to spend some money, we have to overcharging them, and use the excess cation, the States would have $92 bil- save some money, at the very least. money—over $6 billion—to reduce the lion extra to spend. Where would it go? What we are proposing on the Repub- deficit, which we need to do at a time I know that a lot of it would go to lican side is the same goal the Demo- when we are borrowing 40 cents of education—maybe most of it—espe- crats have, the same goal that both every $1 we spend. cially to higher education and to public President Obama and Governor Rom- That is what the Interest Rate Re- universities. The reason students are ney have, which is to take this 3.4-per- duction Act I have proposed does. It fasting and striking in California, when cent interest rate for new subsidized freezes it at 3.4 percent and gives back tuition is going up, is because Cali- loans, for 40 percent of students who to students the money the government fornia has reduced spending to its pub- take out loans, and extend it at that is overcharging them on student loans lic universities by $1 billion since 2008. rate for another year, while we also to pay for it. That is the same bill the What the students don’t seem to know take a look at what the long-term House of Representatives passed. If we is that the reason California has had to prospects could be. We agree on that. can get a vote on that here and pass it reduce spending to its public univer- We agree that 3.4 percent ought to con- in the Senate, we can send it to the sities is because Washington has in- tinue to be the rate on new loans for President, and he could go around the sisted that California, Tennessee, West

VerDate Mar 15 2010 01:22 May 09, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.017 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2943 Virginia, Iowa, and every other State Mr. HARKIN. Mr. President, I always Now, I will be honest about this. Ten increase their share of spending on enjoy engaging in good debate with my billion dollars went for decreasing the Medicaid, and that soaks up the money friend from Tennessee. He is a very deficit. I don’t think my friend from that would otherwise go to public uni- thoughtful Senator, a very thoughtful Tennessee would be opposed to that. versities and community colleges. member of our Committee too, and a And $9.2 billion went to other health In my own State, last year, Medicaid good friend. Having been a former Sec- care programs, including requiring de- spending was up 16 percent and higher retary of Education, he has a depth and pendent coverage in the health care education spending was down 15 per- wellspring of knowledge about edu- bill. In other words, how many stu- cent. What was the result? Up went tui- cation, and I respect that greatly. dents now are covered under their par- tion 8 percent and up went student We obviously see things a little bit ents’ policies until they are age 26? loans. So it is a good thing, I suppose, differently, but that is the nature of They didn’t have that before. Now they that Democrats and Republicans and the animal here. I say to my friend have it. So some of this money was Governor Romney and President that without getting into a point-by- used to invest in that or community Obama have all agreed that for 1 year point rebuttal, I wish to make it clear health care centers. Yes, we did do that we want to freeze the rate on new sub- the President did put in his budget tak- by providing some of the money from sidized Stafford student loans at 3.4 ing some money out of the prevention that—$9.2 billion of that—for some spe- percent and save the average students fund. I assume my friend knows I was cific types of items in that health care not much in favor of that proposal. who get those new loans $7 a month. bill. What students and families who are Then it was used later on to extend the Lastly, Mr. President, I just have to struggling to pay for college need to unemployment insurance and also the ask a question. Are we having a health payroll tax cut until the end of this know is that until we repeal this care debate here or an education de- year. That money was used for that. I health care law or until we repeal these bate? I thought we were talking about was not very supportive of that. I Medicaid mandates on States, those education. We are talking about wheth- thought we should have taken the college tuition rates will be going er student loan interest rates on sub- money from elsewhere. At least the through the roof. The Kaiser Family President has said that is it, no more. sidized Stafford loans are going to dou- Foundation says States, which now We will take a nick out of that preven- ble on July 1. Now it has morphed into spend about 1 out of every 4 State tax tion fund but no more. That is why he some kind of big health care debate. dollars on Medicaid, will see a 29-per- issued a statement of administration I have heard it said that the other cent increase on average in the next policy saying he would veto this bill if side wants to keep the interest rates at year as the health care law goes into it had any cuts to the Prevention and 3.4-percent for a year. OK, fine. The effect. Where do you suppose that 29 Public Health Fund. question is, How do we pay for it? That percent increase will come from? It I used the analogy a while ago that is really the question. We have offered will come from the State budgets. The the cut the President proposed, which in good faith, I believe, a serious pro- Governor will sit there and choose pri- was supported on our side, to extend posal: closing the loophole that affects marily between spending for commu- the payroll tax cuts to the end of the a very small sliver of people in this nity colleges and universities. More of year, I likened that to taking a couple country who are using this sort of a fog it will go to Medicaid and less to com- pints of blood—we can take a couple surrounding Subchapter S corporations munity colleges and universities. So pints of blood and still get our health to escape paying their fair share of their quality will go down and their back and go on. The proposal of my Medicare and Social Security taxes. tuition will go up. The students will be friend from Tennessee takes all our Yesterday, someone on the other side fasting in California and they will be blood or all the prevention fund money. said: Well, we can audit them. We can thinking it is their legislators in Cali- When we do that, we are dead. That is do IRS audits. fornia who are the problem, while it is the analogy I have used. They took a The IRS only audits one-half of 1 per- really the legislators in Washington, couple pints of blood, which I was op- cent of subchapter S corporation fil- DC who are the problem because they posed to, but the prevention fund is ings. So if there is kind of a fog out are the ones imposing the Medicaid still alive and healthy and is doing its there and I get to decide as a taxpayer, mandates on states. job. It is going to do even more of its as a subchapter S corporation, whether I have tried to be fair in saying this job in the future, as long as we don’t I get paid or whether it is dividends, problem is not an invention of Presi- take any more money out of it, and the what am I going to say? Dividends. Be- dent Obama’s and of the new health President has said he will not do that. cause my odds are 95.5 percent that care law; this has been a trend for 25 or I wanted to make that clear. That they are never going to audit me—95.5 30 years. But President Obama and the happened one time; no more. Even percent. Those are pretty good odds. new health care law have made this though Senators supported it on our That is why the Joint Tax Com- problem worse. This debate, while it side—and there were people who sup- mittee said that by closing this loop- may save students $7 a month in inter- ported that on our side—they have said hole—by closing this loophole—we save est payments and while we think the no more; we are not taking more out of over $9 billion, put into the Social Se- fairest way to do it is to take the that fund. curity fund and Medicare fund, and at money we are overcharging them and Lastly, I cannot help but also talk the same time be able to keep the in- give it back to them, this debate at about this $61 billion the Senator from terest rate for students at 3.4 percent. least highlights the issue I hope I hear Tennessee keeps talking about. As I That is a serious offer. The offer from the President and Governor Romney said yesterday, he is right in one way; the other side is not serious. They want talk about this fall, which is about who that we did spend it. The question is, to kill the prevention fund. That is not is responsible for rising college tuition What did we spend it on? Well, as I serious at all, but that is where they and student loan debt. said, $36 billion went to increased Pell are coming from. I believe the main person and main grants. I don’t think my friend from Well, I say let’s have a vote. Let’s at group responsible are those who insist Tennessee would want to cut Pell least move the bill. That is what the on continuing Medicaid mandates on grants. I think he is a pretty good sup- vote is at noon, is moving the bill, get- States that soak up the dollars that porter of Pell grants. That is where $36 ting it out there so we can have a de- should be going to public colleges and billion of that went. And $750 million bate on the bill and how we pay for it. universities. went to the College Access Challenge Obviously, my friends on the other side I yield the floor and reserve the rest Grant Program, $2.55 billion went to of the aisle don’t even want to bring up of my time. historically Black colleges and univer- the bill. They do not want to bring it The PRESIDING OFFICER. The Sen- sities, and $2 billion went for commu- up. They are going to vote against clo- ator from Iowa. nity colleges. So my friend may be ture, against bringing up the bill to Mr. HARKIN. Mr. President, how right. Maybe we could reduce those in- even discuss it and vote on it. much time do we have? terest rates a little bit. But what that Mr. President, I will close by urging The PRESIDING OFFICER. Eight money is being used for is basically all Senators to support the cloture mo- minutes. The other side has 9 minutes. students. tion so that we can get to the bill and

VerDate Mar 15 2010 01:22 May 09, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.019 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2944 CONGRESSIONAL RECORD — SENATE May 8, 2012 students and their families will know want to raise taxes on people and small Ms. SNOWE (when her name was that we are serious about this and that businesses who are creating jobs while called). Present. on July 1 their interest rates are not we are still in the midst of the greatest Mr. KYL. The following Senators are going to double on our middle-class recession since the Great Depression. necessarily absent: the Senator from families. We say that since the government is Illinois (Mr. KIRK) and the Senator I yield the floor. borrowing money at 2.8 percent and from Indiana (Mr. LUGAR). The PRESIDING OFFICER. The Sen- loaning it to students at 6.8 percent The PRESIDING OFFICER (Mr. ator from Tennessee. and since the Congressional Budget Of- TESTER). Are there any other Senators Mr. ALEXANDER. Mr. President, I fice said there was a savings of $61 bil- in the Chamber desiring to vote? appreciate the comments and the cour- lion when the Federal Government The yeas and nays resulted—yeas 52, tesies of the chairman of the Com- took over the student loan program nays 45, as follows: mittee on Health, Education, Labor and that $8.7 billion of the savings [Rollcall Vote No. 89 Leg.] and Pensions, and I recognize his lead- went to pay for the health care law, we YEAS—52 ership and his interest in these sub- ought to take the money the govern- Akaka Hagan Nelson (NE) jects. ment is overcharging students and use Baucus Harkin Nelson (FL) The Senator asked the question: who it to pay for keeping this rate lower for Begich Inouye Pryor connected health care to student another year. That is what we Repub- Bennet Johnson (SD) Reed loans? It was the Democrats who con- Bingaman Kerry Rockefeller licans are saying and is where we have Blumenthal Klobuchar nected health care to student loans. Sanders a difference in opinion with the other Boxer Kohl Schumer Think about this. Here we were debat- side. Brown (OH) Landrieu Shaheen Cantwell Lautenberg ing a new health care law a few years So I hope my colleagues will vote no Stabenow Cardin Leahy Tester ago, and what happened? The Demo- on the motion to proceed. We have a Carper Levin Udall (CO) crats—the majority—said: While we are different proposal that we believe is su- Casey Lieberman at it, while we are supposedly fixing Conrad Manchin Udall (NM) perior and is the same as the one that Warner health care, we are going to take over Coons McCaskill passed the House. We would like a Durbin Menendez Webb the entire student loan program. We chance to offer the Interest Rate Re- Feinstein Merkley Whitehouse are going to take Arnie Duncan, who is duction Act and give the students the Franken Mikulski Wyden a terrific Secretary of Education, and benefit of our proposal, which will give Gillibrand Murray we are going to make him banker of the overcharged money back to them. NAYS—45 the year, banker of the century, and we We would like to have a vote on that. Alexander DeMint McConnell will put him in charge of making more Therefore, I recommend that we keep Ayotte Enzi Moran than $100 billion in new loans every the rate at 3.4 percent; that we use the Barrasso Graham Murkowski Blunt Grassley Paul year to students all over America. money we recognize as the savings we Boozman Hatch Portman So as a part of the health care law, are taking from students, by over- Brown (MA) Heller Reid they got rid of the student loan pro- charging them for student loans, as the Burr Hoeven Risch gram, most of which was handled by Chambliss Hutchison Roberts best way to pay for it. Hopefully, the Coats Inhofe Rubio people you would expect to be making majority leader will allow us to con- Coburn Isakson Sessions loans—that is, banks—and put it all in sider the Interest Rate Reduction Act Cochran Johanns Shelby the government. They did that on the that we have proposed. Collins Johnson (WI) Thune theory that the banks were making too Corker Kyl Toomey I thank the Chair, and I yield the Cornyn Lee Vitter much money. floor. Crapo McCain Wicker It reminds me of people who think CLOTURE MOTION that if it can be found in the Yellow ANSWERED ‘‘PRESENT’’—1 The PRESIDING OFFICER. Under Snowe Pages, the government ought to be the previous order and pursuant to rule doing it. Autos, student loans—just put XXII, the Chair lays before the Senate NOT VOTING—2 it all in the government. the following cloture motion, which Kirk Lugar So if we are going to do that, if we the clerk will report. The PRESIDING OFFICER. On this are going to connect the two, student The bill clerk read as follows: loans and banks—and then the Con- vote, the yeas are 52, the nays are 45. CLOTURE MOTION gressional Budget Office comes along One Senator announcing present. and says: Well, OK, if the government We, the undersigned Senators, in accord- Three-fifths of the Senators duly cho- ance with the provisions of rule XXII of the takes over the student loan program, it sen and sworn not having voted in the Standing Rules of the Senate, hereby move affirmative, the motion is rejected. will save $61 billion, that $61 billion to bring to a close debate on the motion to ought to go to the students who are proceed to Calendar No. 365, S. 2343, the Stop The majority leader. getting the loans. That is my view. the Student Loan Interest Rate Hike Act of Mr. REID. Mr. President, I enter a That is our view. And the Congres- 2012. motion to reconsider the vote by which sional Budget Office estimates that if Harry Reid, Jack Reed, Sheldon White- cloture was not invoked. we applied that $61 billion savings to house, Jeff Merkley, Charles E. Schu- The PRESIDING OFFICER. The mo- student loans, we could have reduced mer, Kay R. Hagan, Jeanne Shaheen, tion is entered. Robert P. Casey, Jr., Kent Conrad, the interest rates to about 5.3 percent Sherrod Brown, John F. Kerry, Dianne f and save the average student $2,200 Feinstein, Mary L. Landrieu, Barbara RECESS over 10 years. Boxer, Patty Murray, Bernard Sanders, So it wasn’t anybody on this side of Barbara A. Mikulski, Richard J. Dur- The PRESIDING OFFICER. Under the aisle who suggested during the bin. the previous order, the Senate stands health care debate that we ought to The PRESIDING OFFICER. By unan- in recess until 2:15 p.m. suddenly say: While we are at it, let’s imous consent, the mandatory quorum Thereupon, the Senate, at 12:30 p.m., take over the student loan program. call has been waived. recessed until 2:15 p.m. and reassem- All we are saying today is this: We The question is, Is it the sense of the bled when called to order by the Pre- agree with President Obama, we agree Senate that debate on the motion to siding Officer (Mr. WEBB). with Governor Romney, and we agree proceed to S. 2343, a bill to amend the f with the House of Representatives that Higher Education Act of 1965 to extend the interest rate for new subsidized the reduced interest rate for Federal STOP THE STUDENT LOAN INTER- Stafford student loans should stay at Direct Stafford Loans, and for other EST RATE HIKE ACT OF 2012—MO- 3.4 percent for the next 12 months. purposes, shall be brought to a close? TION TO PROCEED—Continued That will save the average student The yeas and nays are mandatory The PRESIDING OFFICER. The Sen- about $7 a month in interest payments. under the rule. ator from Vermont. The only difference we have is how we The clerk will call the roll. Mr. SANDERS. Mr. President, I rise propose to pay for it. The Democrats The bill clerk called the roll. to express deep disappointment in the

VerDate Mar 15 2010 01:22 May 09, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.020 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2945 vote that just took place a few hours Mrs. BOXER. Mr. President, I ask rates on student loans, wake up to re- ago where our Republican colleagues unanimous consent that the order for ality. It is called a filibuster. We were voted to filibuster our efforts to make the quorum call be rescinded. stopped by the Republicans once again, sure student loans in this country do The PRESIDING OFFICER. Without just as they have stopped us time and not double from 3.4 percent to 6.8 per- objection, it is so ordered. time again. They come to the floor cent in July. Mrs. BOXER. I ask unanimous con- with every reason one can imagine. I think everybody understands that sent that the time from 2:15 until 5:15 We have news. We have two inde- young people in our country today, in be equally divided and controlled be- pendent scholars who wrote a very im- the midst of this terrible recession, are tween the two leaders or their des- portant paper. They are nonpartisan. facing extraordinary challenges. They ignees and that all quorum calls during What they said in this paper is that are paying three to four times as much that period also be equally divided. they used to think it was both sides as their parents paid for a college edu- The PRESIDING OFFICER. Without that were stopping progress. Now we cation regardless of whether they at- objection, it is so ordered. know it is one side. It is the Repub- tend a private or public college. When Mrs. BOXER. Mr. President, before I lican side. Today is yet another exam- they receive their diplomas, they have speak about the details of the impact ple. I hope everyone within the sound no guarantee, given the state of the of not helping students in this difficult of my voice—and we will hear stories economy today, that they are going to economic climate with student loans about what is happening, and I hope be able to get a job and earn the in- that they can afford, I wish to say that people will write us all and e-mail us come to pay off those debts. I was stunned that my Republican with their stories and tell us what it Given the challenges college students friends refused to give us a vote to pro- means to them to have to spend thou- are facing today, the least we can do is ceed to the issue. sands more unnecessarily on student to keep student loan interest rates at a I think every student in America loans. Give us the stories. Let us tell low rate for another year. The interest should turn their focus on this Cham- the stories. rate on subsidized Stafford loans has ber because the Republican Party made I hope Americans will send us those been steadily reduced since Congress it impossible for us to lower the stu- stories, and I hope we will send a mes- passed the College Cost Reduction and dent loan rates today. They made it sage to those who voted to filibuster Access Act of 2007. But if Congress does impossible. This is going to mean thou- this very important legislation today nothing, interest rates on subsidized sands of dollars over the life of a stu- that they are not on the side of the Stafford loans are set to double from dent’s loans. So while the Republicans American people. They are not on the 3.4 percent to 6.8 percent on July 1, are calling for major tax cuts for bil- side of working families. They are not 2012. lionaires and millionaires of $100,000, on the side of the middle class. They When we talk about Stafford loans, $200,000 a year in cuts, they don’t have are not on the side of economic we are talking about loans for students the heart to help middle-class students progress. They are not on the side of from low- and moderate-income back- get a break on their interest rates for economic growth. grounds. Subsidized Stafford loans are higher education. I find it appalling. I thank the President for the time, need based and targeted to students If anyone wants to know the dif- and I yield the time. who otherwise might not be able to at- ference between the parties, start with The PRESIDING OFFICER. The Sen- tend college. Nearly one-third of under- this. Whom do we fight for when we are ator from Massachusetts. graduates have benefited from these here? We all say we are for the next Mr. BROWN of Massachusetts. Wow. low-interest Federal loans. If the inter- generation. We all have the speeches— That was interesting. I remember when est rate doubles this year, the rate oh, they are terrific; they are beau- the Senator who just spoke before me, hike will impact up to 9 million stu- tiful—each party. But when push before we left for our district work pe- dents, and we must not allow that to comes to shove, who is voting to help riod, was praising the Republicans for happen. our students get an interest rate they working with her—one Republican spe- Among the students who will be im- can afford so they are not shackled to cifically—and about how appreciative pacted are 19,000 young people from the a high interest rate at a time of his- she was for working together and tak- State of Vermont. In my State nearly toric low interest rates? Democrats are 70 percent of college graduates are caring the time in a bipartisan manner to on their side. All we have to do is look rying student loan debt—70 percent. On move forward on a very important at the vote today if nothing else. One average that debt is $30,000, which puts piece of legislation that she was spear- does not have to understand any more Vermont at the sixth highest student heading. We didn’t filibuster that. We than the Republicans blocked us from loan debt load in the country. didn’t filibuster the postal bill or the Everybody understands that in order debating the importance of lowering Violence Against Women Act or the to get ahead in the economy today, it interest on student loans. crowdfunding bill or the insider trading is very important that one has a col- So I will be back to put in the record bill. But all of a sudden we are filibus- lege degree. The cost of college edu- individual stories from my constitu- tering now. cation is soaring. In the State of ents. But let’s wake up, America. Par- The bottom line is we want to have Vermont—and I have talked to many of ents, wake up. Students, wake up. The the opportunity to have an alternative these young people in my State and Democrats proved today that we are on proposal and to have a full and fair de- throughout this country—students are your side. The Republicans proved they bate. I think the American people are leaving college deeply in debt. Nine- are not. Period. That vote says it all. It smart. I know the American people are teen thousand students in the State of is not complicated. They will make it smarter than that. Vermont are on Stafford loans. If inter- complicated. They will talk about pro- I stand before my colleagues today to est rates double from 3.4 to 6.8 percent, cedure and this and that. The bottom reference that most students and par- it will make their current situations, line is the bottom line. The Repub- ents know in July the fixed interest which are very difficult, much worse. licans voted not to allow us to vote on rates on subsidized government student So I hope our Republican colleagues ways and methods to lower interest loans are set to double. That was very will end their filibuster. I hope we can rates for our students. So don’t be eloquently pointed out just now. But get back to work as soon as possible in fooled. We will hear speeches on why let’s be clear. The vast majority of the passing a bill which will maintain Staf- they voted no, and they will come up Members of this body want to prevent ford loan rates at 3.4 percent. with things. The bottom line is they that from happening. I think that is a With that, I yield the floor and note wouldn’t even let us debate this issue. no-brainer. the absence of a quorum. I am stunned. I assumed we would be Unfortunately, today we voted on a The PRESIDING OFFICER. The on this bill. bill that is not bipartisan. It is very clerk will call the roll. So when Americans look at the Sen- clear it is not bipartisan to raise taxes The legislative clerk proceeded to ate floor and don’t see much activity on subchapter S corporations, which call the roll. except for a few of us coming to speak, are the people who are doing some of The PRESIDING OFFICER. The Sen- and they thought today was the day we the very serious job creation in this ator from California. were going to vote to lower interest country. It is not going to pass the

VerDate Mar 15 2010 01:22 May 09, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.024 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2946 CONGRESSIONAL RECORD — SENATE May 8, 2012 House, and it is not going to pass mus- there in the gallery listening and those and that is after adjusting for infla- ter with the American people. It was who are watching on TV can kind of tion. That means students are now not negotiated in good faith, and it has reference it. These are payments I hear paying one-third more for the same no chance of passing in the House of about working as the ranking member education they would have gotten 10 Representatives, as I said. of the Subcommittee on Federal Finan- years ago. Looking at previous decades Once again, we are preparing for an cial Management—a committee where shows a similar trend: From 1990 to unnecessary political battle. That is Senator CARPER and I have been dili- 2000, the increase was 26 percent; from kind of what happens. We have a rough gently working in a bipartisan manner, 1980 to 1990, it was 37 percent. spot with a political battle, then we do once again, to try to solve problems. Why are students paying so much two or three things that are good. Then Medicaid, which is the primary more for the same education? As we we get stuck again, and then we do two source of health coverage for over 50 know, it is a huge problem for families. or three things that are really good. It million Americans, made an estimated While tuition is skyrocketing, there is unnecessary. We need to work in $21.9 billion of our tax dollars in im- is still a total lack of transparency good faith and negotiate a compromise proper payments in 2011. The Federal- when it comes to schools’ financial de- instead. State Unemployment Insurance pro- cisions. If the recent reports of out- A 100-percent Democratic bill isn’t grams made an estimated $13.7 billion rageous administrator and faculty going to pass, I say to my colleagues. A in improper payments in 2011. compensation packages are any indica- 100-percent Republican bill isn’t going SSI made an estimated $4.6 billion in tion, it would seem students and par- to pass. It needs to be a bipartisan, bi- improper payments in 2011. ents—students and parents—are fund- cameral bill that the President will I think, if I am not mistaken, we are ing administrators’ and faculty mem- sign. That is how we passed some of the looking for $6 billion to pay for this bers’ million-dollar salaries. most important pieces of legislation student loan extension. I just ref- Instead of being surprised by every dealing with ethics on the insider trad- erenced almost $38 billion, $39 billion. new expose´ of outrageous pay pack- ing bill that I was proud to sponsor We need $6 billion. That is it. ages, I propose increasing transparency We spend over $1 billion in payments with Senator GILLIBRAND in a bipar- by requiring schools to post their fi- that are sent to dead people, as I said. tisan manner. We got it through and nancial disclosures online, right in Mr. President, $1 billion we pay. Can out of this Chamber and passed and front, right on their Web sites, so ev- you believe that? We pay $1 billion to signed by the President in record time. eryone can see them. This would not be people who are dead. There are billions We just passed the postal bill, the Vi- hard to do. In fact, the IRS already rein payments that are sent to the wrong olence Against Women Act, the crowd- quires nonprofit institutions of higher recipient, billions in incorrect amounts funding, the jobs package. We need to education to file the IRS Form 990 sent to the right recipients, and bil- work in the same manner on this mat- yearly, which includes disclosure of the lions in payments where documenta- ter. compensation packages for the highest tion is missing and where the recipient With so many recent graduates un- is not using the funds for the intended paid employees. It also provides a fi- employed or underemployed, Members purpose. nancial snapshot of schools’ finances of Congress need to work together to All we have to do is be marginally and also how schools choose to spend keep the interest rates where they are successful—just marginally success- tuition dollars. currently. Rather than wasting time ful—to recover the $6 billion we need to Making the information available so trying to blame the other side, let’s try pay for this very important student easily online will increase trans- to build some bridges as we did before loan program. When government is so parency and allow students and parents we left—or I thought we had done. I wasteful, raising taxes should not al- and the general public to check the was looking forward to coming back ways be the first thing we look at. schools’ spending decisions—way before after the week off and getting right How about reestablishing the trust they make headline news. On the out- back at it and working on important with the American taxpayers—the peo- rageous pay issues, sunlight may help things such as cybersecurity and the ple who are listening in the gallery and begin to solve the spending problem as- student loan issue. on TV. Why is it every single time we sociated with the high cost of edu- So let’s allow people of good faith to are going to raise taxes on one par- cation. figure out how to solve these very real ticular group or another? This time we No one disputes the importance of a problems. That is why today, as I have are going after the small business own- college education, but we are setting referenced to many of my colleagues in ers, the subchapter S corporation own- our students up for failure by giving our weekly caucuses and through e- ers. them above-market student loans and mail, I am offering a bill that would I am not saying my bill is the only not requiring our schools to be trans- extend the 3.4-percent rate for another answer. But it does provide a neutral parent about their financial oper- year, without raising taxes, as is being starting point for both sides to come ations. proposed, or cutting sacred programs, together in a truly bipartisan manner, So my suggestion is, let’s work to- which is also being proposed. as we have done before, to find a solu- gether. Let’s not fail our students. It is My bill, the Subsidized Stafford Loan tion with which we can all live. I am time we finally focused the Federal Reduced Interest Rate Extension Act, willing to work with my colleagues, Government on how we can set our stu- would extend the subsidized rate for a and I am willing to consider all options dents up for success instead of failure. year. To pay for it, I suggest using a that will allow us to move forward. If Thank you. I yield the floor and sug- noncontroversial option: reducing Fed- we fail to act, we will burden our stu- gest the absence of a quorum. eral improper payments. dents who are going to college with an The PRESIDING OFFICER. The We have all heard about the amazing extra $1,000 in student loan interest— clerk will call the roll. amount of waste that goes on just by just because we could not find a com- The legislative clerk proceeded to paying people who are dead who should promise. Pretty simple. call the roll. not be getting their payments and also The student loan situation, as we are Mr. HARKIN. Mr. President, I ask paying other entities that have either all discussing and has been discussed unanimous consent that the order for already been paid or are being improp- throughout this country through var- the quorum call be rescinded. erly paid. It is millions and—sorry, bil- ious media outlets and the like—and The PRESIDING OFFICER. Without lions and billions of dollars. they are focusing more and more and objection, it is so ordered. The bill establishes a government- more on this issue, which I think is Mr. HARKIN. Mr. President, here we wide ‘‘Do Not Pay List,’’ and requires critical—we need to start a national are with an empty Senate Chamber, new audit pilot programs across Fed- conversation about addressing the pri- while families across the country are eral agencies to provide more tools to mary issue affecting families with kids wondering whether they are going to battle back and make sure we can rein college: the cost of annual tuition, have to come up with more money to capture those moneys. room and board. pay higher interest rates on student Let me give a few examples of the Between 2000 and 2010, the cost of tui- loans beginning July 1. It is going to improper payments so the folks up tion, room and board rose 36 percent, happen unless we take action.

VerDate Mar 15 2010 01:22 May 09, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.025 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2947 We have tried to take action, but, are getting paid a salary or wages, or The prevention fund is what the Repub- frankly, my friends on the other side, whether it is coming out of dividends. licans want to kill, eliminate. I think the Republicans, won’t even let us go The Joint Tax Committee says this that is disappointing and disturbing, to the bill. We had our vote almost 3 will raise for us $9 billion over the next after all that we know and have seen in hours ago. We recessed for our party several years. That is enough to help the past on prevention and public conferences, as we do every Tuesday. us pay for keeping the interest rates health and what we can do to prevent Here we sit, without being able to even low. Our proposal is three things: clos- illness, obesity, and diabetes in chil- proceed to the bill because the Repub- ing the tax loophole, it puts more dren, to say we are not going to put the licans voted against closing down de- money into the Medicare and Social resources forward to prevent that. bate and moving to the bill and offer- Security trust funds, and third, it helps We know that for every dollar we in- ing amendments and having an up-or- us keep interest rates low for students vest in prevention, we are reaping any- down vote. in this country. where from $3 to $10, or more, in the The pattern is all too familiar, as we You would think that would be a no- first couple years. Here we are at an know, over the last few years: more brainer. I think most people would say impasse again. Once again, the Senate and more filibusters, more and more that is kind of a no-brainer. But our is at an impasse because we cannot cloture motions to end the debate. It is friends on the Republican side refuse to move to a bill. We can’t amend it, vote unfair to families and students all over let us even bring the bill up for debate on it, or debate it—other than talking America. and a vote. My Republican friends have about it right now as I am doing. The Here I address my comments to stu- suggested a different way of paying for Republicans refuse to let us even get to dents. They are the ones who are try- this. They want to protect those few the bill. ing to get a higher education, because people in the subchapter S corpora- We will continue to tell the Amer- they know that is the pathway, the tions—very wealthy people—from pay- ican people what is at stake here and gateway to middle-class America. ing those taxes. They have suggested— what the differences are. These are pol- Young people today know that the jobs the Republicans—that instead we take icy differences. The American people of the future will require a higher edu- all the money to pay for keeping inter- should know what those policy dif- cation. They understand that. So many est rates low out of the Prevention and ferences are. The Republicans say they are scrambling to put together re- Public Health Trust Fund—it is known want to keep the student interest rate sources to pay for college. We had a as the prevention fund—which is in the at 3.4 percent. We say we do, too. Well, young woman this morning, Clarise Affordable Care Act. Again, that would OK, what is the difference? The policy McCants, who spoke with us. She is the drain all the money out. It would com- difference is in how we pay for it, how first in her family to go to college. She pletely eliminate the program. we pay to make sure we keep the inter- is from Philadelphia, and she goes to I suggest that people look at today’s est rates low. Howard University. She comes from a headline in USA Today this morning. I think the logical thing would be to very poor background and a poor fam- It says that 42 percent of the adult pop- have the bill come to the Senate floor ily. She relies on Pell grants, a work- ulation by 2030 is expected to be obese. and offer amendments. If the Repub- study program, and summer work jobs, Out of that, one out of four will be se- licans want to offer an amendment to plus her subsidized loans. If I am not verely obese. The same report was also take the money out of the prevention mistaken, she has somewhere in the in the Washington Post this morning. fund and kill and eliminate the fund, neighborhood of $13,000 or $15,000 right The study predicts that 42 percent of let them do it, and we will vote on it; now in debt. The last thing Clarise Americans will be obese by 2030, which we will see if we have the votes to do McCants needs is to have an additional will shorten life, and they will incur that. They can debate it if they want, $1,000 a year put on her student loan in- large medical expenses. In fact, if obe- and we will be glad to debate and dis- terest. That is what will happen on sity stays at its current level and cuss closing this tax loophole on sub- July 1, unless we act here. It is unfair doesn’t increase, the savings and pro- chapter S corporations. I think that to her and to millions of students all jected health care costs will be consid- would be a healthy debate and a policy over the country that we sit here and erable—about $550 billion, $1⁄2 trillion. difference that the American people do nothing, while they wonder whether That is what the prevention fund is should see, and they can decide be- they are going to have to pay more in doing. It is out there working every tween the two sources of how we are interest charges on July 1. It is unfair. day—it has only been in existence a going to pay for this. We have on our side a solid proposal couple years now—putting things in We are going to continue to talk to keep the interest rates down for the place to prevent people from being about this because I think the Amer- next year at 3.4 percent, where they are obese, to prevent kids from getting the ican people should know what is at now, rather than having them double adult onset of diabetes at 10, 11, and 12 stake here in this filibuster that we to 6.8 percent. To do that, to pay for it, years of age. In 1980, only 15 percent of have in front of us right now. I know we have proposed that we close a glar- Americans were obese. Today, it is my friends on the other side say that ing loophole in the Tax Code that ap- about 34 percent. President Obama wanted to take some plies only to subchapter S corpora- What if we had in place in the 1980s, money out of the prevention fund. tions. A lot of people say, what does 1990s, and in the last decade the pre- Well, that did happen, in order to ex- that gobbledygook mean? A subchapter vention fund that we have, which does tend for 1 year the unemployment in- S corporation is for very small corpora- all of the things necessary to help peo- surance provisions and also the payroll tions. Compared to the giant corpora- ple make healthy choices and lead tax cut this year. They seem to think tions you normally think of, they are healthy lives and not become obese? that since we have already taken some very small. Within that small universe Think of the savings we would have in money out of the prevention fund, we of subchapter S corporations, as they our health care system today if we had can kill the whole thing. are called, there is even a smaller uni- a prevention fund like that in 1980, and My analogy this morning was that it verse. That small universe is comprised rather than having 34 percent obese is one thing to take a couple pints of of professionals such as lawyers and ac- people in America today, we had 15 or blood, but it is another to take all your countants, people who give advice and 16 percent. Well, projecting that for- blood. So they took some nicks out of do their own work, and they form a ward to 2030, if we don’t act now, 42 the prevention fund, which I didn’t sup- small corporation. percent will be obese. Again, it will port, but the fund is still healthy, Because of the fog that surrounds cost us $550 billion in the next 20 years. alive, and doing its job. It could do whether someone is paid a salary or is Preventing this, which we know we more if it had more money. Nonethe- paid from dividends, many people who can do—we have evidence-based proof less, it is still there doing its job. form these subchapter S corporations that certain interventions and pro- The Republicans are saying drain all are not paying their fair share of So- grams work. Not only does it keep obe- the blood out and kill the whole thing. cial Security and Medicare taxes. We sity down, but diabetes and heart dis- I don’t think the American people want have proposed that we draw a bright ease, and related illnesses will be less- to go there. It seems to me that it line so that people know whether they ened, thus saving us even more money. doesn’t make common sense that we

VerDate Mar 15 2010 01:22 May 09, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.027 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2948 CONGRESSIONAL RECORD — SENATE May 8, 2012 would pit the health of the American on this side of the line, they are sala- obesity rates changed little in the 1960s and people—and women’s health especially, ried, if they have less than three share- 1970s, rose steeply in the 1980s and 1990s, and children’s health, and the elderly, who holders. If they fall on the other side, have been leveling off in the past decade. are benefitting right now from this pre- they can get dividends, and that way For men, obesity prevalence doubled but vention fund. There are immuniza- they don’t have to pay Social Security has changed little in the past eight years, with no difference between blacks, whites tions, childhood checkups, and provi- and Medicare taxes. Quite frankly, I and Mexican Americans (which are the three sions that go out into communities for think that would be in the best inter- groups for which there are good data). For healthier living in our communities. est of everyone, including the sub- white women, the obesity prevalence has not There is better nutrition for our kids chapter S corporations. changed in 12 years. It has risen slightly in in schools, fresh fruits and vegetables, Mr. President, I ask unanimous con- black women and Mexican American women, and more physical activity. That is all sent to have printed in the RECORD the although that increase mostly occurred in the prevention fund. That is what article that appeared in the Wash- early in that 12-year period. they want to do away with. It is too ington Post this morning by David There are some exceptions to this general picture of stability. bad that they are trying to pit the Brown—the study that predicts 42 percent of Americans will be obese in 2030. Obesity is rising in higher-income men. Se- health of women and children and the vere obesity is increasing in both sexes. It future against students. That is not There being no objection, the mate- was 6.2 percent in women in 1999 and 8.1 per- right. rial was ordered to be printed in the cent in 2010. For men, it was 3.1 percent in As I have said many times—and keep RECORD, as follows: 1999 and 4.4 percent in 2010. saying—I have heard from the other [From The Washington Post, May 7, 2012] Eric A. Finkelstein, a researcher at Duke side that we are going after job cre- STUDY PREDICTS 42 PERCENT OF AMERICANS University who led the new study, said that ators. If we raise the taxes, you see, on WILL BE OBESE IN 2030 just in the past 50 years has it been possible subchapter S corporations—if we close (By David Brown) for millions of people to be both sufficiently inactive and to have access to enough food to that loophole, we are hurting job cre- In 2030, 42 percent of American adults will become severely obese. ators. First of all, the provisions in our be obese, and about one-quarter of that ‘‘The world has changed in ways that allow bill on subchapter S only affect a cor- group will be severely obese, a condition that shortens life and incurs large medical ex- people to be that overweight,’’ he said. poration with three or fewer stock- The reason for the plateauing of the obe- holders—hardly job creators. I mean, if penses, a new study predicts. This view into the future is less ominous sity prevalence is uncertain. It almost cer- somebody wants to start a corporation than one published four years ago that pre- tainly reflects many factors, including an with 5, 10, 15, 20, that is different. This dicted that 51 percent of the population approach to a natural limit of the epidemic doesn’t touch them. It only touches would be obese in 2030. Nevertheless, the and the success of efforts to fight it by en- someone who has less than three share- trend fortells a huge drag on the health and couraging exercise and educating people holders, if their income is over $250,000 economic welfare of the United States. about better eating habits. a year as a joint filer, and if they are ‘‘If we don’t do anything, this is going to Mr. HARKIN. Mr. President, I hope a subchapter S corporation. really hinder any efforts to contain future the Republicans will talk among them- Some say: Well, you know, they can health-care costs,’’ Justin G. Trogdon, an selves. I hope they will listen to the economist and one of the authors of the pro- get audited. I had an example I used jection, told experts Monday at the start of students and their families who don’t the other day of a person who was the two-day ‘‘Weight of the Nation’’ con- want to be hung out there this week claiming he didn’t have to pay Social ference in Washington. and next week and on and on and on Security and Medicare taxes because However, if obesity stays at its current not knowing whether they are going to he wasn’t a subchapter S corporation. prevalence—34 percent of adults—and does have to pay higher interest rates on The individual was pretty ingenious. not increase, the savings in projected health- their student loans. Let’s have cloture. He had set up a subchapter S corpora- care costs will be considerable, about $550 Let’s bring up the bill, and then let’s billion, the authors said. The most recent tion, and he contributed—donated—his evidence, in fact, suggests that obesity rates vote on it. If they have amendments, time. are plateauing. fine, we will vote on them. But at least In exchange he got dividend pay- ‘‘Regardless which is correct, we still have let’s move the bill. ments—profits—from this subchapter a very serious problem,’’ William H. Dietz, Mr. President, with that, I yield the S, as did his wife and his child. There head of the Centers for Disease Control and floor, and I suggest the absence of a were three—he, his wife, and child, and Prevention’s obesity program, said of the quorum. scenarios. he did not pay Social Security taxes. The PRESIDING OFFICER (Mr. Well, he happened to get audited, and Obesity related ailments—diabetes, heart disease, kidney failure—consume at least 9 FRANKEN). The clerk will call the roll. the Justice Department took him to percent of health-care spending in the United The assistant legislative clerk pro- court, to Tax Court, and the Tax Court States. Some researchers believe the cost ceeded to call the roll. found out he really was being paid. He may be twice that estimate. Total health Mr. BARRASSO. Mr. President, I ask was making a salary, an income, and spending is about $2.6 trillion a year. unanimous consent that the order for The new study, published in the American he had to pay Social Security taxes on the quorum call be rescinded. that. Journal of Preventive Medicine, used obesity The PRESIDING OFFICER. Without Well, when I used that example, my prevalence data from 1990 through 2008 to ex- objection, it is so ordered. friends on the Republican side said: trapolate future trends. The information Well, that is just it. All we have to do came from the Behavioral Risk Factor Sur- EPA RULES AND REGULATIONS veillance System, a federally funded tele- is just audit them, and we don’t have phone survey. People underestimate their Mr. BARRASSO. Mr. President, I to close this loophole. I had to point weight when asked on the phone; that fact would like to spend a little time today out that only 1⁄2 of 1 percent of all fil- was compensated for in the mathematical talking about what has become known ings of subchapter S corporations are model. across the country as the Obama econ- ever audited. So if someone is out there The researchers also incorporated vari- omy. This administration, after nearly and there is not a bright line as to ables, measured in each state, that affect 4 years, has failed to get this country whether they are salaried or are get- obesity rates. These included the price of and to get our economy moving again. gasoline, which discourages walking when it Even worse, as I look at it, this admin- ting dividends—it is kind of a fog out is low; access to the Internet (and other there—why wouldn’t they err on the technologies), which encourages sedentary istration seems to be taking steps that side of saying: I don’t have to pay behavior as it increases; and restaurants per appear to be methodically and delib- those taxes because the odds are 99.5 to 10,000 people, which increases eating out and erately sabotaging certain parts of our 1 they will never get audited. Those are weight gain when the number goes up. Nation’s economy. They are doing this pretty good odds—99.5 percent of the In 2030, 42 percent of people are projected in sectors of the economy that, appar- time no one is ever audited. If they are to be obese, and 11 percent severely obese. ently, to me, they just don’t like. And audited, they get a slap on the wrist, Obesity is a body mass index (BMI) of 30 or they are doing it by issuing thousands more, which is 186 pounds for someone 5 feet, pay a little fine, and move on. 6 inches tall. Severe obesity is a BMI of 40 or and thousands of pages of redtape on So what our bill does is to provide more—248 pounds for someone that height. the very people in this country who certainty. It provides certainty to sub- Cynthia L. Ogden, an epidemiologist at the have successfully created jobs for chapter S corporations that if they fall CDC, told the conference that, in general, Americans in the past.

VerDate Mar 15 2010 01:22 May 09, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.028 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2949 This administration has finalized These reductions in dust are often in tric utilities, domestic oil and gas producers, 1,330 rules that have been deemed eco- areas where the dust level today is al- and manufacturers deliver significant economically significant. They have pro- ready well within public health safety nomic benefits. Specifically, the agency says posed over 1,300 additional economi- standards that are set by the EPA. So that these regulations will yield billions of dollars in benefits for the U.S. economy in cally significant rules. So what does the folks aren’t actually getting sick the form of fewer premature deaths, sick this mean, the words ‘‘economically in those areas anyway. So if people days, hospital visits, cases of bronchitis, and significant’’? Well, those are rules that aren’t already getting sick in the areas heart attacks. have an annual impact on the economy where the EPA is trying to regulate Mr. BARRASSO. Mr. President, this of $100 million or more. the air, then how is it they can claim is a comprehensive report, and it con- Fifty-seven coal-fired powerplants they are going to save billions of dol- tains expert testimony before the Sen- have already announced their closure lars in fewer visits to the hospital by ate Environment and Public Works because of the cumulative effect of reducing dust levels even further than Committee from the best scientific these rules on just this one industry. today’s safe levels? medical research, from institutions The EPA is proposing regulations on What we know now is the EPA is such as Johns Hopkins, Yale Univer- whole sectors of the economy, whether cooking the books. At the same time, sity, and others. This key medical re- it is issuing new storm water regula- they are missing the real public health search and testimony on the impact of tions for existing buildings to requiring threat they, themselves, the EPA, is unemployment on public health is ir- costly Clean Water Act permits. They making worse; that is, the public refutable. are doing this for ditches on family health threat from high unemploy- The report concludes that high un- farms. ment. I recently released a report enti- employment increases the likelihood of Thousands of American jobs have al- tled ‘‘Red Tape Making Americans hospital visits, illnesses, and of pre- ready been lost, and others are on the Sick—A New Report on the Health Im- mature death in communities. That is chopping block due to these rules. pacts of High Unemployment.’’ Let me high unemployment; high unemploy- These are not new laws that have been repeat that: ‘‘Red Tape Making Ameri- ment raises health care costs, raising passed but are rules coming from this cans Sick—A New Report on the further questions about the claimed administration. Each time the EPA Health Impacts of High Unemploy- health savings of the EPA’s regula- claims the benefits of the rules vastly ment. Studies Show EPA Rules Cost tions. High unemployment also hurts outweigh the costs. The costs are real Americans Their Jobs and Their children’s health and family well- in terms of real dollars to the econ- Health.’’ being. omy, but the benefits are unknown. This is a report submitted by the On June 15, 2011, Dr. Harvey Brenner The administration claims the benefits Subcommittee on Clean Air and Nu- of Johns Hopkins University testified are in so-called ‘‘saved future health clear Safety by the minority sub- before the Senate Environment and care costs.’’ That is how they define it, committee staff. Public Works Committee. Here is what ‘‘saved future health care costs.’’ I ask unanimous consent to have he said: The EPA and this administration printed in the RECORD the Key Find- The unemployment rate is well established have a history of understating the ings and Recommendations and the Ex- as a risk factor for elevated illness and mor- costs and of overstating, in my opin- ecutive Summary of this report. tality rates in epidemiological studies per- ion, the benefits. The EPA’s math on There being no objection, the mate- formed since the early 1980s. the benefits and the costs of their rules rial was ordered to be printed in the So this has been a well-known fact is not even close to being accurate. RECORD, as follows: now for over 30 years. Continuing the This has been verified in testimony be- quote: fore the Senate Environment and Pub- RED TAPE MAKING AMERICANS SICK—A NEW REPORT ON THE HEALTH IMPACTS OF HIGH In addition to influences on mental dis- lic Works Committee, on which I serve UNEMPLOYMENT order, suicide and alcohol abuse and alco- as a member. holism, unemployment is also an important The EPA rules that set new burden- STUDIES SHOW EPA RULES COST AMERICANS THEIR JOBS AND THEIR HEALTH risk factor in cardiovascular disease and some limits on emission of pollutants, overall decreases in life expectancy. such as carbon dioxide, mercury, and Minority Subcommittee Staff Report; Sub- committee on Clean Air and Nuclear Safe- I speak as a physician, someone who sulfur dioxide, can have serious costs ty—Senator John Barrasso, M.D., Ranking has practiced medicine in Wyoming, to plants and factories that then have Member, March 2012. taking care of Wyoming families for a to update their facilities with costly EPA RED TAPE INCREASES UNEMPLOYMENT quarter of a century, and I can assure equipment or simply close to be under WHILE WORSENING PUBLIC HEALTH you this is perfectly in keeping with the new standard, and these are new KEY FINDINGS AND RECOMMENDATIONS my experience in my years of prac- standards—not the old standards but Congressional testimony and scientific re- ticing medicine. new standards. search reveals that unemployment from En- Yale researcher Dr. William T. Those reductions yield few quantifi- vironmental Protection Agency (EPA) regu- Gallo’s paper on the impact of late-ca- able benefits to the economy. That is lations: increases the likelihood of hospital reer job loss reports: not me saying that, it is the EPA’s own visits, illnesses, and premature deaths in Results suggest that the true costs of late models. They admit the reductions communities due to joblessness; raises career unemployment exceed financial depri- yield very few quantifiable benefits to healthcare costs, raising questions about the vation, and include substantial health con- the economy. The costs are usually sig- claimed health savings of EPA’s regulations; sequences. nificant to the businesses in terms of hurts children’s health and family well- being. ‘‘Substantial health consequences.’’ actual expenses, as well as to the pub- EPA claims of health benefits from current He goes on to say: lic in terms of people looking for jobs and future Clean Air Act regulations are Physicians who treat individuals who lose and in terms of jobs that are lost. misleading and incomplete. The agency must jobs as they near retirement should consider The EPA knows no one would buy adequately examine the negative health im- the loss of employment a potential risk fac- into their rules with such high plications of unemployment into their cost- tor for adverse vascular health changes. pricetags. So in order to inflate the so- benefit analysis before making health ben- What does that mean? Well, it means called ‘‘benefits’’ of their rules, the efit claims to the public and Congress. a stroke, high blood pressure, or heart The Full Senate Environment and Public EPA says: As a result of having less disease. These are all major killers, emissions from plants and factories, Works Committee and the Subcommittee on Clean Air and Nuclear Safety should conduct major things that result in disability there must also be reductions in partic- additional hearings to responsibly inves- and long-term health problems, in- ulate matter, or dust, at the same tigate the health implications of higher un- creasing the cost of care. time. They then make the inaccurate employment as a result of federal regula- Let’s look now at the impact of job- conclusion that reductions in dust will tions. lessness on children. The National Cen- somehow yield billions of dollars in EXECUTIVE SUMMARY ter for Health Statistics concluded: health benefits because folks will have President Obama’s Administration con- Children in poor families were four times healthier lungs and visit the doctor tinues to claim that new EPA Clean Air Act as likely to be in fair or poor health as chil- fewer times. regulations for ozone, greenhouse gases, elec- dren in families that were not poor.

VerDate Mar 15 2010 01:22 May 09, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.033 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2950 CONGRESSIONAL RECORD — SENATE May 8, 2012 I have seen firsthand how economic as part of the labor force. As a result, airplanes, I love Boeing. When Boeing’s challenges affect Americans’ health the share of Americans who are part of home State labor union ganged up with and their quality of life. In my medical the labor force—either working or ac- President Barack Obama’s National opinion, this country faces a worsening tively looking for work—has reached a Labor Relations Board to try to sue health threat from unemployment, 30-year low. You can add those num- Boeing for building a new factory in with well over 30 months of unemploy- bers and look at those and say ‘‘350,000 north Charleston, I strongly supported ment rates over 8 percent. people’’ and put that to the list of folks Boeing’s freedom to build factories I have urged the EPA to seriously who are now at risk for serious health wherever they please. More recently, consider the impacts of these rules and impacts due to the Obama economy. dust has been kicked up over the exten- the new rules they continue to come If we want to make Americans sion of the Export-Import Bank, a Fed- out with and how they have a bad im- healthy, we need to get Americans eral program that subsidizes American pact on families—on pregnant women, back to work. We need to get the EPA businesses’ exports. Because Boeing re- on children, on the elderly. The EPA out of the business of making folks un- ceives export-import subsidies and be- has not looked at the serious health employed across this country. Each cause I favor winding down the Ex-Im impacts their rules result in. The EPA new job is a job that will put food on Bank instead of increasing its budget, continues to hide behind computer the table for struggling families and some asked if I went from being pro- models—not real people—that churn help keep medical costs under control. Boeing to anti-Boeing. Neither. I am out inflated, fictitious so-called ‘‘bene- New jobs will keep thousands of Ameri- just being pro-freedom. fits of health.’’ cans out of the doctor’s office and on In both cases, my guiding principle is The time to get serious about public the playground. Creating jobs will keep the same: liberty. Freedom isn’t per- health is now. In fact, there was a USA those nearing retirement from paying fect, but it is fair. And any time gov- Today article published Monday of last for more prescription drugs so they can ernment hands out favors, they are week, and I brought a copy along be- spend more time and money on their being unfair to someone. When Wash- cause it was very disturbing. On the grandchildren. Creating jobs will en- ington picks winners and losers, in the front page of USA Today, Monday, sure that the next generation will be end taxpayers always lose, and the Ex- April 30, 2012, the police are tying do- healthier than the last. Im Bank is no exception. The Ex-Im mestic violence to the economy. The Let’s work together to improve pub- Bank started out decades ago with a headline reads: ‘‘Domestic violence lic health by reducing this administra- lending cap of $5 million to help Amer- rises in sluggish economy, police re- tion’s redtape that is putting so many ican companies sell into a global econ- port.’’ The article states: Americans out of work. The health and omy that barely existed. Today, the Police are encountering more domestic vi- happiness of the American people de- cap has ballooned to $100 billion in a olence related to the sluggish economy, a na- pends upon it. booming global economy. And what tional survey of law enforcement agencies Mr. President, I yield the floor, and I have the American people gotten for finds. suggest the absence of a quorum. their money? They have gotten $10 mil- These are law enforcement agencies The PRESIDING OFFICER. The lion in loans benefiting the now bank- across the country, their national sur- clerk will call the roll. rupt Solyndra, millions of dollars in vey. The article quotes Camden, NJ, The assistant legislative clerk pro- loans to another solar company to sell police chief Scott Thompson, who stat- ceeded to call the roll. solar panels to itself in another coun- ed it is ‘‘impossible’’ to separate the Mr. DEMINT. Mr. President, I ask try, and $600 million in loans to Enron economy from the domestic turmoil in unanimous consent that the order for projects before Ken Lay went to pris- the city where unemployment is 19 per- the quorum call be rescinded. on—all this after Ex-Im has already cent. Camden police chief Scott The PRESIDING OFFICER. Without sought its own $3 billion taxpayer bail- Thompson went on to say: objection, it is so ordered. out. When stresses in the home increase be- EXPORT-IMPORT BANK This isn’t a criticism of an agency or cause of unemployment and other hardships, Mr. DEMINT. Mr. President, I wish to an administration but of government domestic violence increases. We see it on the make a few comments about free mar- subsidies in the first place. When gov- street. kets, free enterprise, and the role of ernment stays out of markets, busi- So these types of reports of increased government, particularly as it relates nesses focus on their customers; qual- domestic violence due to unemploy- to the Export-Import Bank. ity improves, prices fall, and everyone ment are not just being reported in When people ask me if I am pro-busi- wins. When government steps in, busi- Camden, NJ. ness or pro-labor, I say I am neither. I nesses turn their attention from their The article cites Chuck Wexler, exec- am pro-freedom. Freedom is the only customers to their Congressmen and utive director of the Washington-based political principle that cannot be bent hire influence peddlers instead of law enforcement think tank, who ex- to serve special interests. Remember innovators. Competition sags, the pace pressed serious concerns with the ris- how 7-Up used to call itself the un- of innovation slows, prices rise, and ing violence. He said: cola? Well, freedom is the un-special product quality suffers. You are dealing with households in which interest. Defenders say the Ex-Im Bank is people have lost jobs or are in fear of losing Freedom, protected by the Constitu- needed because Europe subsidizes their their jobs. This is an added stress that can tion and the rule of law, works for ev- exports, but Europe says the same push people to the breaking point. eryone. It allows everyone—left or about our Export-Import Bank. We are I agree. It is certainly what I saw as right, young or old, rich or poor—to in a bidding war with other countries well in my days of medical training make their own choices according to for the biggest subsidies. Still, export- and medical practice. their own values. ers say the cost of doing business in The health crisis from unemploy- Government’s job shouldn’t be to tilt America is too high to compete. I ment under this administration is get- the field for one team or another but to agree. We have the highest corporate ting worse. guarantee a level playing field for ev- tax rate in the world, so let’s cut taxes. On May 4, 2012, the Christian Science eryone. That is why I am against forc- Let’s reform our insane $1.75 trillion Monitor, in their article on the unem- ing workers to join unions. I am per year regulatory state. Let’s reform ployment rate, said: against congressional earmarks for fa- education and liberate our children While the economy added 115,000 net jobs vored groups, government bailouts for from failing schools and create a better in April, some 350,000 Americans gave up Wall Street, and energy subsidies, both prepared workforce for the future. looking for work. for oil companies and for green energy Let’s repeal the government takeover So for every one new job that was companies. of health care and put an end to preda- added, three people gave up looking for Let’s look at recent events sur- tory lawsuits filed against innocent work. That has the effect of reducing rounding the Boeing Company, one of businesses. In short, let’s fix the rules the unemployment rate because, by the South Carolina’s most important em- of our game to make all of our exports Federal Government’s way of calcu- ployers. As a South Carolinian, as an competitive rather than rigging them lating it, those people no longer count American, and as a guy who likes cool for one company or product at a time.

VerDate Mar 15 2010 01:22 May 09, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.034 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2951 Our policies should make the United children will lose the opportunity to I think Mario does voice the concerns States the best place in the world to fulfill their potential to pursue their of hundreds of thousands of students buy, sell, farm, manufacture, patent, dreams and our economy loses because across America who are working hard invent, invest, innovate, and educate— we are not the best prepared around to complete their coursework to pursue for everyone in every industry. the world. their dream—to gain the skills to pro- Look at what today’s ad hoc eco- Indeed, today, across America we are vide both a purpose in life, a life mis- nomic policymaking has done to Amer- becoming the first generation of par- sion, if you will, and a stable financial ica—where a collection of narrow spe- ents whose children are getting less foundation. The prospect of coming out cial interests vies for the favoritism of education than we got. I would like to of college with debts that come close to discredited politicians while we mount see that debated on the floor of the a mortgage on a home is indeed unsustainable debt onto the backs of Senate. I would like to hear a Senator daunting. our children and grandchildren. That is stand and say they are proud of the I must say, I view this through the what I am against. What I am for is a fact that America is failing its chil- lens of my own experience as a child of level playing field, a set of clear rules dren. I would like to hear that defended a working family. My father was a that guarantee the freedom of entre- because I certainly have a different millwright and then a mechanic, and preneurs to make and sell what they view. I have a view that in terms of the no one in my family had ever gone to want, and the freedom of customers to opportunity for our children and the college. I was the first, and the pros- buy what they want. success of our economy, we have to ad- pect of debt was a consideration that I am not for big business or big labor. dress the issue of the affordability of worried my family with this unfamiliar I am for big freedom for everyone. college tuition. course that I was undertaking. I feel Thank you, Mr. President. I yield the The folks who can capture this issue very fortunate that in the end the com- floor and note the absence of a quorum. the best are students themselves, so I bination of work-study, affordable The PRESIDING OFFICER. The have come to the floor to read a letter loans, and scholarship meant that I clerk will call the roll. from one of the students in my home graduated from my undergraduate edu- The bill clerk proceeded to call the State who is making the case that we cation without the heavy debt burden— roll. should debate this issue, that we a very modest burden—not the very Mr. MERKLEY. Madam President, I should address affordable college. Here heavy burden students are bearing ask unanimous consent that the order is what he has to say: today. That indeed gave me the range for the quorum call be rescinded. Senator Jeff Merkley, my name is Mario of options to pursue in life that I might The PRESIDING OFFICER (Mrs. Parker-Milligan. I’m the student body presi- not have had if I had to immediately dent at Lane Community College in Eugene, SHAHEEN). Without objection, it is so Oregon. My job as president gives me many find a job that would help me pay back ordered. opportunities to discuss issues that students those very high loans that students are Mr. MERKLEY. Madam President, I find important to them and often I find my- facing. And those are the students who rise to address the motion to proceed self lobbying or advocating for issues that complete their education. So many we are currently debating. Essentially, don’t directly affect me. Today that is dif- more will find that they only make it this is a motion to proceed to a bill ferent. partway through because the debt be- that would sustain the 3.4-percent in- Today, I find myself seeing a federal and comes too high. So I am disturbed— terest rate on Stafford student loans. statewide disinvestment in higher education institutions across the nation and dramati- very disturbed—that the Senate body, Earlier, we had a vote to attempt to cally here in Oregon. At the same time, more once known as the world’s greatest de- conclude the debate over whether we and more students are needing need-based liberative body, voted today not to de- should get to the bill. That has to have aid while it too is being diminished. Stu- bate this issue, not to take it up. a supermajority of 60 under the rules of dents are graduating from college but our My colleagues may be voicing their the Senate and we didn’t have that debt loads are increasing and we are finding concern about the specific aspects of supermajority. My colleagues across fewer jobs upon graduation. With all of these the bill. I would say to them that they the aisle voted against debating wheth- other barriers—low federal and state invest- should come to the floor and offer er to sustain the 3.4 percent on student ment pricing students out of tuition, low financial aid leads to high student debt, and amendments and we should debate loans or, to put it differently, they few jobs upon graduation—the prospect of those amendments. But let’s not fail voted to block this effort and preserve having Stafford Loans’ interest rates dou- the students of America. I believe the the 6.8 percent as the rate we will go to bling is a haunting thought. Students are majority leader has reserved the right shortly if we don’t address this legisla- continuing to pay more and get less for our for reconsideration, and that in a mat- tion. education. ter of a few days we might well have I certainly think students at every Today, the average student is graduating with twenty-five thousand dollars of loan another vote on this topic. I would ask institution in Oregon would be appalled debt. I have over eighteen thousand dollars my colleagues to reconsider, to end the Senate isn’t willing to hold a de- of loan debt today. An interest rate of six their filibuster aimed at preventing us bate over the doubling of the cost of point eight percent on top of thousands of from keeping the 3.4-percent interest student loans. This has a tremendously dollars we owe in this economy doesn’t seem on Stafford loans—that they would re- powerful impact on the affordability of smart either. I am not close to being done consider and say, yes, there is a respon- education across America. We are at a with my education and am fearful to con- sibility to debate this issue. point in the history of the world where tinue to take out loans when I think of how It shouldn’t just be on Stafford loans our nations are interconnected. We long it will take to pay it back. Students rely heavily on student loans in order to in that we also certainly have a big have a global knowledge economy. The complete college in a timely manner, other- challenge maintaining Pell grants and nations that prepare their children wise many of us are forced to work 2–3 jobs keeping those grants competitive with well not only will have the best future while attempting to go to college full time, the rising tuition. We should debate for those individual children, but they which usually results in prolonged stays and other strategies about how to make will have the best economy down the more debt. our investment in higher education road. As a member of the board of directors for more efficient. Maybe all those debates both the Oregon Student Association (OSA) What is the impact of doubling the and the United States Student Association don’t have to happen on this bill; cost of student loans? Certainly, for (USSA), both associations working to break maybe this bill should be restricted to many students it means they will not down barriers to higher education, I hear Stafford loans. But for this body to re- complete their education. They are fac- stories of students that are having to choose ject the notion of debating an issue ing diminished job prospects, they are whether or not they put food on the table or central to the success of our university facing expensive tuition, and there are keep lights on at home. Affordability is a students, the success of our children, only so many part-time jobs they can leading barrier to a quality education and and the success of our economy is just take while still attempting to com- raising interest rates will only continue to price students out of an education. Please wrong. Let’s change that vote. Let’s plete their coursework. At some point vote to maintain the Stafford Loan interest get on to this bill in due course in a they will say the burden is too heavy— rates at 3.4%. Don’t Double Our Debt. Sin- short amount of time. the debt burden is too heavy—the hur- cerely, Mario Parker-Milligan—of Eugene, Madam President, I suggest the ab- dles are too high. Then we all lose. Our OR. sence of a quorum.

VerDate Mar 15 2010 01:22 May 09, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.038 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2952 CONGRESSIONAL RECORD — SENATE May 8, 2012 The PRESIDING OFFICER. The nately, that has been declining. We are needed, whether it is child immuni- clerk will call the roll. used to be first. Now I don’t think we zation, whether it is diabetes preven- The legislative clerk proceeded to are even tenth, and it is declining be- tion—the fastest growing disease call the roll. cause of the cost of college. So a high around—whether it is mammograms Mr. SCHUMER. Madam President, I interest rate on top of the basic cost— which wouldn’t start this year but ask unanimous consent that the order $17,000, $36,000, whatever—is bad for would start next year as a result of the for the quorum call be rescinded. students, bad for their families, and, prevention money—prevention is vital The PRESIDING OFFICER. Without frankly, bad for America. to keeping health care costs down and objection, it is so ordered. In New York, my State, 423,000 col- keeping America healthy. To say the Mr. SCHUMER. Madam President, I lege students would pay $341 million only way we will give you student am speaking today on the need to Stop more in loan payments if we didn’t loans is to take away preventive health the Student Loan Interest Rate Hike pass this legislation. care is akin to telling a family: Your Act of 2012. I would say one other thing, and that little grandson cannot get immuniza- It is obvious how hard it is to pay for is that this affects almost all college tions if you want your children to be college these days. It is not just hard students. You say, Well, I started col- able to pay for their college. It does for poor people—and we have some pro- lege last year and I am at 3.4. You are not make sense and everyone knew it. grams that help poor people out at the at 3.4 for your freshman year if you are The second point is everyone knew it Federal level, Pell grants in particular, a freshman in college. But when you go at the time. I don’t think there was a and that is a good thing. But you can to your sophomore year and renew person in this town who thought that be making well above the Pell grant al- your loans July 1, you are going right paying for it by cutting prevention lowance level, well above the income up to 6.8 percent. So it affects every- would have a chance in this body. But, that you need for a Pell grant, and body in college except—luckily for frankly, I think that is what some of have a difficult time paying for college. them—the senior class that is grad- my colleagues in the other body want- College is extremely expensive. The uating this year. ed. Their MO for the last year and a average private college cost a year is It will also affect the new class of half has been obstruct without finger- over $30,000, and the average public freshmen who are coming in, and I prints. In other words, they want to ob- cost has gone way up. With all the cut- would bet many of them are watching struct everything. They want the gov- backs at all the Federal, State, and this debate and deciding whether they ernment to be a mess. They want peo- local levels, it is about $17,000. If you can go to college or they can go to the ple to be unhappy so they will change figure that if you are an average family college of their choice—one that they things in the election. anywhere in America making $65,000 or deserve to go to because of their grades But they know, if they are caught ob- $70,000, $17,000 a year after you pay and record and accomplishments— structing, it is not going to work out your taxes and pay your mortgage and based on this bill. And so, wisely, Sen- too well for them. In the first half of pay for the necessities of life is a heck ator JACK REED and Senator TOM HAR- this year, I have to give them credit, of a lot of money. Wisely, the Federal KIN and Senator SHERROD BROWN have they carried out this strategy of ob- Government has provided some loans. put in legislation that would keep the struction without fingerprints quite A few years ago, under the leadership rate at 3.4 percent. well. Part of it is because the media of Senator Kennedy, we decided to have When they first did this—and Presi- likes to say ‘‘on the one hand, on the the Federal Government pay for those dent Obama has been fully supportive other hand.’’ There is a very good arti- loans because when the banks did it, it and he has talked about this at length cle, tangential to this, by Norm ended up being far more expensive than on campuses throughout America and Ornstein at the American Enterprise it had to be. Those loans were origi- in other places throughout America. Institute and Thomas Mann, a senior nally 6.8 percent around when the When they put it in, amazingly enough fellow at the Brookings Institution, banks did it. They went down and most of our Republican colleagues, in one from a conservative group and one down, and they settled to a nice level places such as the Club for Growth and a more liberal group, which basically of 3.4 percent. American Enterprise Institute, said: laid this out. Now 3.4 percent is still interest. Par- We are against it. Let the students pay In the second half of the last year ticularly these days it is not such a low 6.8 percent. That was sort of the 21st and now this year their little strategy rate of interest given that the cost of century analog of Marie Antoinette of obstructing without fingerprints is money is quite low, but it is a lot bet- saying, Let them eat cake, because in not working. It didn’t work on the debt ter than 6.8 percent. But, unfortu- these days college is much more of a ceiling. It didn’t work on the payroll nately, the law that Senator Kennedy necessity than it ever used to be, even tax cut. It didn’t work on the highway shepherded and many of us voted for for jobs like machine welder or auto bill. It didn’t work on the postal bill, and President Bush signed—I believe it mechanic. These days, our cars are and, ‘‘gloriosky,’’ we are passing legis- was in 2007—expires come July 1. filled with computers and you often lation because they can no longer ob- What will that mean? That will mean need some college education, at least a struct without fingerprints. Faced with millions of students throughout Amer- 2-year college education, to be pro- the choice of being caught obstructing ica will pay a lot more interest on the ficient in skills that maybe 40 years or not obstructing, they stopped ob- loans that are a necessity for going to ago you just needed a wrench for. So it structing. Good for America. Good for college. was amazing to me that so many of our bipartisanship. If it was good for them We all know how important college colleagues on the other side of the aisle on the other side, fine. is. We all know these days the statis- said they were against keeping the rate On this one, they are back to their tics show that the unemployment rate at 3.4 percent. old ways because they put in this pay- among college grads is one-third that They began to get a lot of flak, I am for they know cannot pass. What was of high school grads. We know that at sure, from families across the country. the pay-for we put in? We thought it your income level, you make thousands So they decided they couldn’t be would pass. We thought it had bipar- of dollars more each year if you have a against it, per se, and so in the House tisan support. It was one of the things college degree. There was a recent they actually—and the President was considered in various groups in com- study that even showed you live longer making a lot of hay with this and scor- mittees, bipartisan, on how to pay for if you got to college. I don’t know what ing a lot of points. So over in the the deficit. I think this was considered the correlation was, but it was a broad- House they then decided, Okay, we in the August group of last year. based study. It was trumpeted in many can’t say we are against this. Of What we say is simply this. If you are of our leading newspapers. So a college course, we all want to pay for it, and so a partnership—a big law firm, account- degree is very important, and one of we will propose a bill that pays for it ing firm—there are some of them, a the ways we measure America versus by cutting preventive services in small number, not most, most did it other countries in terms of our future health care. the right way, but they want to avoid is what is the percentage of our kids There are two points about that. One, the payroll tax. How do they do it? who get a college degree. Unfortu- our preventive services in health care They say we are giving our partners

VerDate Mar 15 2010 01:22 May 09, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.040 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2953 dividends as opposed to salaries, and lege of their choice and doesn’t go, goes more debt on top of what they already they do not pay a payroll tax, the pay- to a different one that less suits their have. If we want to build a prosperous roll tax we all pay up to the first hun- needs because they cannot afford it, society the way we did with the GI dred-and-some-odd thousand dollars of they lose, their family loses, and Amer- bill—the GI bill provided individual op- salary. ica loses. Let’s stop the games. Let’s portunity for millions of students in That seems reasonable and fair. It come together. Let’s pass this bill, and the 1940s and 1950s, young men and was a loophole. It was called a loophole let’s make sure students of this and fu- women returning from the war, and it when John Edwards was caught doing ture generations are able to afford the not only helped those millions of stu- it in his law firm, by Rush Limbaugh, college education that is so important dents but lifted the country as a whole by others as well—many conservatives. to a better future for their lives. and created a more vibrant society be- They called it a loophole that ought to I yield the floor. cause we helped so many individuals be closed. I wish I had the language. The PRESIDING OFFICER (Mr. with the GI bill in those days. This is I will ask unanimous consent to add CASEY). The Senator from Ohio. comparable to that—men and women to the RECORD the language of several Mr. BROWN of Ohio. I ask unanimous who want to go to St. Clair Community leading conservative commentators consent the time from 5:15 to 7 p.m. be College or want to go to the Mansfield and gurus about what a loophole this equally divided and controlled between Campus at Ohio State or want to go to was. the two leaders or their designees and Hiram College or Ohio University in Anyway, we put this in and we that all quorum calls during that pe- Athens. They want to go to school. We thought they would accept it. Of riod also be equally divided. cannot load this much debt onto them. course, to our surprise last night not a The PRESIDING OFFICER. Without As we put this on our Web site, we single Republican voted to move for- objection, it is so ordered. expect students to write in and tell ward and debate this bill. We will let Mr. BROWN of Ohio. Mr. President, I their stories. I know they will. We have them put their pay-for on the floor to wish to follow up on Senator SCHU- five stories. I will share a couple of substitute for ours. They are not even MER’s call to action, if you will, be- these for today and save a couple more. willing to do that. Leader REID said cause it appears that things that used Bonnie of Elyria, a mother and this over and over. I just heard him say to be bipartisan, whether it was the teacher, writes: it at 2:15 when we had a little gath- debt ceiling or the Transportation bill I would really like to be able to send my ering by the Ohio Clock. or a whole host of other things, has be- three boys to college. As a public school We are here on the floor tonight, and come far too partisan. Back in 2007, the teacher, I have worked hard to instill in my I see the Senator from Ohio and the Republican President and Democrats in students the idea of continuing education. Senator from Maryland—we are here the House and Senate and Republicans However, my own children will most likely on the floor tonight to ask families and in the House and Senate—but Demo- have to take out student loans to pursue a students throughout America to let cratic majorities—froze interest rates college education. their Senators know they want this for college loans, subsidized Stafford Our teachers are not so well paid legislation passed and they want the student loans at 3.4 percent for 5 years. that they can afford to pay these tui- games to stop. All we want to do is we want to con- tion bills themselves, obviously. On my Facebook page, and on the tinue this. We want to continue it by With soaring tuition rates, my children Facebook page of many of my col- closing a tax loophole. One political will graduate college with more debt than leagues, is a description of the bill, of party that does not seem very enthusi- me or my husband had after graduating from what people need to do. We ask people astic about freezing these rates anyway college more than 35 years ago. This is not a good way to start a career or to send us, on our Facebook pages, seems to be standing in the way. I a life on their own. their stories—why they need it, why it think the only way this is going to This woman gets it. She was a teach- is so important to them. Senator JEFF change is if students all over the coun- er in Ohio. She knew there was sort of MERKLEY already read a letter from a try come and tell their stories. an assault on her profession from the student from Oregon. Senator STABE- They can come to my Web site, tell Governor and the legislature last year NOW got over 70 responses already of their stories about school financing when they tried to take away collec- students from Michigan. We also hope and how difficult it has been for them. tive bargaining rights. We know teach- they let our colleagues on the other They can come to brown.senate.gov/ ers do not make a lot of money, and if side of the aisle know how important it collegeloanstories and tell us their sto- their children are to go to school, even is they vote for this bill. ries. less-expensive schools, they so often The bottom line is simple. This This past week, I have been to a com- need to take out student loans. We should be a no-brainer. If there were munity college in Cleveland and I have don’t want to raise their interest rates. ever an example of Washington tying been to Ohio State University in Co- Katie, from Marion, writes—Marion itself in a knot, this is the issue. If our lumbus, Wright State University near is a community just north and west of colleagues on the other side of the aisle Dayton, and the University of Cin- Columbus. have other pay-fors, we will take a cinnati and heard many of these sto- look at them—but make them real. ries. I invite students around Ohio—we I urge you to vote against raising Stafford are asking for them to tell their per- loan rates. I live with my fiance, who is also Make them truly subject to bipartisan attending college full time, and our house- compromise as opposed to something sonal stories. I think, in the end, per- hold brings in less than $35,000 a year. I am they know we cannot accept. sonal stories will convince my col- working part time in order to attend college I heard the Senator from Massachu- leagues they should not make this par- full time. With college tuition and expenses setts, Mr. BROWN, introduced some- tisan. They should not stand in the being so expensive, adding in the normal cost thing, but the CBO scored it as not way. They should work with us so we of living, it is a struggle to make ends meet bringing in any money. We have all can freeze this student loan interest every month. agreed we should not increase the def- rate at 3.4 percent because I think it I understand and respect the legislative icit to do this and we should find a way will matter. process and, unlike many people I know, I still have faith it can be effective. I know to pay for it. Our preferred way is clos- In my State—and I know the Com- that compromises have to be made for ing a loophole that everyone admits is monwealth of Pennsylvania, the State change to occur. abusive and a way to get around the of the Presiding Officer, is not much However, I am worried that by the time ev- payroll tax. But we are willing to sit different than that—the average 4-year eryone is on the same page, the Government and listen to other suggestions from student in Ohio who graduates has a will have either taken so long to come up the other side of the aisle so we can $27,000 accumulated debt for their 4 with a solution or cut funding so much, that help our college students. years of college. That means those stu- the average American can no longer afford to The bottom line is we have to pass dents will have more difficulty—prob- pursue a college degree. . . . I hope that if nothing else, you take this bill. It is an extremely important ably will not be able to buy a home or away from this that there are Ohioans in bill for the future of our country be- probably will have to delay it, delay this for the long run. We will not accept any- cause every time a young man or a getting married or starting a business. thing less than what we deserve, and edu- young woman deserves to go to a col- I think it is very immoral for us to pile cation is not negotiable.

VerDate Mar 15 2010 01:22 May 09, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.042 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2954 CONGRESSIONAL RECORD — SENATE May 8, 2012 The last one I will read is by RaShya, The PRESIDING OFFICER. We are Code, closing a tax loophole primarily of Toledo. on the motion to proceed. used by accountants and attorneys I am a second year law student at the Uni- Mr. DURBIN. I thank the Chair. under subchapter S corporations to versity of Minnesota law school. I am a na- Mr. President, we voted at noon avoid paying their regular income tax tive of Toledo, OH and received my BA in po- today on whether we were going to on their income. They get through this litical science with honors and an MBA in fi- start the debate on the student loan in- S corporation what are called income nance from the University of Toledo.’’ terest rate bill. dividends and they don’t pay the reg- I am the product of a single-parent home For those who are following it, the ular income tax rate or the with- and a first-generation college graduate. My mother is a cancer survivor and my father largest Federal loan to college stu- holding tax that ordinary income is was shot and killed when I was ten. I am the dents, the Stafford loan, has a current subject to. I think closing that loop- eldest of three children. interest rate of 3.4 percent. That inter- hole is reasonable. It produces $6 bil- My education has been a miracle of sorts est rate expires on July 1 and doubles lion and pays for the student loan in- and allowed me to change the circumstances to 6.8 percent, meaning any students terest rate to stay down. I can accept of my environment. taking out a loan after that date will that. It was only possible through scholarship pay twice as much in interest. Some on the Republican side say, no, money and federal loans. I am deeply sad- The practical impact of that is fairly that is a tax increase. They—many of dened by the rate hikes that loom in July of them—have categorically said we will this year. clear: If you were to borrow $20,000 to Making education less accessible hurts go to college through a Federal Staf- never, ever, never vote for a tax in- others that grew up in circumstances similar ford loan and paid 3.4 percent on that crease, no matter what it is. So they to mine. This economy requires a good col- $20,000, you would find that you were walked away from the student loan lege education but the promise of employ- paying $4,000 less than you would pay if bill. They say they have a better way ment is still uncertain. you were at 6.8 percent. So it adds to do it. Senator REID came to the floor Raising loan rates hurts students. Please and said, fine, we will call the bill and vote to extend the rate cuts that threaten to roughly 20 percent to the cost of that student’s loan over the life of repay- you can offer your way to do it. Pay for expire this July. it a different way. Let’s bring it up for Those three letters so speak for ment. That is a significant expense. Most of us are aware, or should be, debate. Let both sides debate it and themselves where students just want let’s vote on it, and then let’s move an opportunity. They are not asking that students across America are going more deeply and deeply into debt to go forward. No, they would not accept for welfare or a handout, they just that. They all voted against proceeding want to keep interest rates low so they to college. Average college indebtedness: $24,000. But an average does not to the bill. can go to college without such a huge, For anybody who is following what is tell the story because if you have one onerous, burdensome debt they will going on here, this is what is known as hand over a flame and one hand in a never get out from under it. Why would a filibuster. The Senate is infamous for freezer, on average you have to feel we do this to this generation? My wife them now. We filibuster everything, just fine. But in this case, students are was the first in her family to go to col- even bills that are bipartisan, which going much more deeply into debt than lege. Her dad carried a union card, everybody agrees on. No, we are going $24,000, and the interest rate on the worked at the illuminating company. to drag this out hour after weary hour, loan is significant. Her mother was a home care worker eating up the time of the Senate, and So it would seem this is a pushover. who went back to work when Connie people will be asking for a cable refund Who disagrees with this idea that less- started college to try to help them because nothing is happening on the C– ening the burden on students in college pay—and she graduated. SPAN channel because they are watch- is good for our country—because more She had very little help from her ing a filibuster. Not much happens. students will seek higher education— family financially because she was the Yes, Members such as I will come from eldest of four children. She got low-in- good for the student—less of a burden time to time to give a speech and ex- terest loans, and she graduated with when they graduate—good for their plain what is going on, but nothing only a couple thousand dollars of debt families—because many of them co- substantive is going on. We are not from Kent State University. signed on these loans? considering the bill. Those days seem to be behind us. We In fact, this is one of those rare Sadly, what we are failing to do is should at least aim for that kind of sit- issues where both President Obama and going to affect a lot of innocent people; uation today where young people get a Governor Romney agree: Don’t let the 7.4 million students will be affected if better chance, more of a fighting interest rate go up from 3.4 percent to we don’t change this interest rate— chance when they come out of school. 6.8 percent. So today we resumed the 365,000 in my State of Illinois. These I urge my colleagues to listen to motion to proceed, which literally Stafford loans, Federal Government these stories and to read some of them means, if adopted, we would begin de- loans, are mainly directed toward fam- and to vote accordingly when we bring bate on the student loan interest rate ilies in lower income situations, so this bill back to the floor. Today there bill to keep it at 3.4 percent and not let that students can borrow money to get was a vote, and more than 40 of our col- it double July 1. through school. leagues said: We are not even going to We heard from both sides of the aisle Let me confess my conflict here. I allow this bill on the floor to debate. that everyone agreed we had to do this. would not be standing here today with- That is pretty unconscionable to me It sounded pretty easy. Then the vote out government loans. I borrowed when we hear the stories of these was called. At the end of the vote, not money from the Federal Government young people. one single Republican Senator had to go to college and to law school Mr. President, I yield the floor and voted to proceed to the debate on the under the National Education Act and note the absence of a quorum. bill—not one. One Senator, Ms. SNOWE, then paid it back; otherwise, I could The PRESIDING OFFICER. The voted present. Every other Republican not have gone to school; I couldn’t clerk will call the roll. Senator who was present voted no. have afforded it. These loans are need- The assistant legislative clerk pro- How did this become a partisan ed across the board. We know it from ceeded to call the roll. issue? We have President Obama and personal experience. Mr. DURBIN. Mr. President, I ask Governor Romney agreeing, most In 2007 and 2008, 30 percent of all un- unanimous consent that the order for Americans agreeing we do not want the dergraduates took out federally sub- the quorum call be rescinded. cost of student loans to go up, and it sidized Stafford loans—about 1 out of 3. The PRESIDING OFFICER. Without fell flat on its face on the Senate floor The average was about $3,400 a loan 4 objection, it is so ordered. at noon today. Not a single Republican or 5 years ago. This year, it is up to 8 Mr. DURBIN. Mr. President, what is would vote for it. million students. As I mentioned, the pending order of business? I don’t understand it. They say, well, 365,000-plus borrowers in my State, and, The PRESIDING OFFICER. The Sen- we don’t like the way you pay for it. It as I mentioned, failure to reduce that ate is in divided time until 7 p.m. costs $6 billion to lower the interest interest rate will add to the cost of the Mr. DURBIN. Is it in morning busi- rate that we would otherwise collect. loan they have to pay back. These bor- ness or are we on an issue? We pay for it by changing the Tax rowers, 7.4 million students, including

VerDate Mar 15 2010 02:44 May 09, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.043 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2955 1.5 million African-American borrowers I also met Deshawn from Alton, IL, a FOR-PROFIT SCHOOLS and over 986,000 Hispanic borrowers, freshman majoring in economics and Mr. President, I want to mention 2 will face this new penalty, this loan in- political science at Bradley. He wants other things quickly. One of the real crease. It is clear to me that we should to be an international lawyer some problems with debt in this country re- be spending time here dealing with day. He is a first-generation college lates to for-profit schools. Go to Yahoo this. student, and he realizes that without or Google, put in ‘‘college and univer- I learned it firsthand when I went student loans he doesn’t have a chance sity’’ and step back. What is about to home last week and visited campuses. to realize his dream. hit you is an avalanche of ads for for- In Chicago, I went to DePaul. What is the difference of opinion here profit schools. I don’t need to recount Downstate, I went to Bradley Univer- about how to pay for these decreases in the names on the floor. Everybody sity in Peoria. In Decatur, I went to the interest rate from 6.8 to 3.4? As I knows them. These are the schools Millikin University. In each place, stu- mentioned, we would close the tax that are advertising constantly: Come dents came forward to explain what loophole on subchapter S corporations, to our school. They run ads on tele- they were facing in terms of student vision. One, I think, tells the story and which are used by accountants and at- loans. I will enter into the RECORD the shows a lovely young lady in a robe torneys to avoid paying the ordinary experiences they shared with me. and pajamas, who has her laptop on her income tax and withholding. One of them was Amy. Amy goes to bed and says: You know, you can go to DePaul University in Chicago and is an There is another proposal out of the college in your pajamas now. I am art major. Her sister Michelle came to House that I think is really bad. They going to XYZ for-profit school getting join us at the press conference. Here is say we should pay for keeping student my college degree. Amy’s situation. Amy comes from a loans affordable by reducing preventive Here is what is happening: These for- working family who cannot help her health care programs. We have a fund profit schools are inundating the Inter- pay, so she works and borrows to try to that we have created that pays for, net and recruiting young people who get through school. She is an art among other things, preventive care, otherwise might not go to college, major. Her student loan indebtedness childhood immunizations. So if the many of them, and 10 percent—here are at the end of June will be, for 4 years, money is taken out of that fund, fewer three numbers—of kids graduating $80,000. But she says that a bachelor’s American children will be receiving the from high school end up in these for- in art is not good enough and thinks vaccines and the inoculations which we profit schools. So what the for-profit she needs a master’s. She thinks it will want for all of our kids to keep them schools are looking for is young people be another $60,000 she needs to borrow. safe. Is it important that kids receive who are in lower income family cat- I said: That is $140,000, young lady, and these vaccinations? I think it is very egories because they qualify for the you are 25 or 26 years old. She will be important. most Federal assistance—Pell grants borrowing not only the government Senator REID said at a press con- and Federal student loans. Ten percent loan but way beyond that into private ference here that the incidence of a re- of the students at the for-profit schools loans. The government loan is 3.4 per- turn of whooping cough—most people and 25 percent of all Federal aid for cent. The private loans for students in thought that was long gone—in the education goes to these schools—more school range from 8 to 18 percent— United States is at the highest level in than 21⁄2 times, based on the number of much like credit card debt, they are so 50 years, and the incidence of the re- students, the amount you might imag- expensive. turn of measles in this country is at ine. This young lady thinks she is doing the highest level in 15 years. Childhood Hang on, it gets more challenging. the right thing. She was told go to immunizations are important to keep Almost half of the student loan de- school, get an education, and follow our kids healthy and safe. faults in America come from for-profit her dream. Her dream is at the end of There is also money in this preven- schools. Why? The kids get too deeply a very long, expensive road and $140,000 tion fund, which the House Republicans in debt and end up dropping out be- in debt. Michelle, her sister, decided want to cut out, calling it a slush fund, cause the debt is overwhelming or they she wanted to be a teacher and teach to be used for diabetes prevention. You finish and get a worthless diploma and grade school. She looked at the indebt- cannot pick up a newspaper or a maga- cannot find a job. That is the story. So edness she would have to incur and de- zine without reading about the inci- the student debt in traditional schools, cided to move back home to Indiana dence of obesity, the growing number public universities, private, not-for- and go to the local public college and of overweight children, and the in- profit universities, is one thing; on the try to get as many credits as she could creasing incidence of diabetes among for-profit side that debt is mounting, at a low price, and perhaps finish at our children. In fact, forms of diabetes particularly through private student DePaul when it is time. She thought: If that used to be confined to adults in loans. Here is the kicker, and you know my debt is too much, I would not be America are now being found in chil- this, Mr. President, because you stud- able to teach or make enough money to dren in America. They have to be ied this issue too. Student loans are pay my loan back. That is a real-life treated with pretty powerful drugs to the only private loans in America not story of two sisters who are doing the overcome this disease of diabetes. right thing and are facing student loan dischargeable in bankruptcy. What it The House Republicans say let us re- debt. means is that you are carrying it for a How could we explain that we are duce the amount of money we are using lifetime. You will carry it until you going to raise the interest rate on ei- for public education and treatment to pay. That young lady $140,000 in debt ther one of them? At this point paying reduce the incidence of diabetes and in- could not have a clue what she has back their student loans will make it stead spend it on student loans. What a done to the rest of her life by getting virtually impossible for Amy, who Faustian bargain that is. It is a bar- that deeply in debt. I have students could be $80,000 to $140,000 in debt, and gain with the devil. We are going to contacting me with over $100,000 in how is Michelle going to be the teacher put at risk children when it comes to debt for a 4-year education, and they we want her to be? immunizations and diabetes, in order find out the diploma is worthless. At Bradley University in Peoria, a to help grown children, young adults, There is one school, Westwood College, student named Rose told me that if the pay their student loans. which operates out of Denver, CO, and interest rate on her loans doubled, Is that what it has come to? We are has a campus in Chicago. They are which will happen if the filibuster con- so determined to not touch the Tax under investigation now by our State tinues by the Republicans, she might Code and the loopholes in it that we attorney general. Too many young peo- have to move in with her parents after are going to risk the health of our chil- ple have been watching too many crime graduation or make sacrifices in order dren or the cost of a college education shows, and Westwood College knows it. to make her loan payments. Rose esti- for our kids as well? They call them and say how would you mates that increasing interest rates I think the approach in the House is like a bachelor’s degree in law enforce- will cost about $4,000, because she plans not defensible. I hope that at the end of ment. Maybe they are watching ‘‘Ha- on graduating with about $20,000 in the day we can make sure we do this in waii 5–0’’ and ‘‘CSI’’ and they like that debt. a responsible way. stuff. Good, come on out.

VerDate Mar 15 2010 01:22 May 09, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.047 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2956 CONGRESSIONAL RECORD — SENATE May 8, 2012 I will tell you a story of one student. gram. About 20 years ago, when a lady and you have no serious problems when She went to Westwood College and it passed away, she left a legacy to the it comes to convictions or moral issues took 5 years to get a bachelor’s degree Merit music program, and the legacy and you either complete service in the in law enforcement. She took that di- said that the money she was leaving military or 2 years in college, we will ploma to the police departments and and any money that was raised should put you on a path—a long path—toward sheriffs’ departments around the Cook go into the public schools of the city of becoming legal and becoming a citizen. County area, and they said: That is not Chicago to offer young people a free That is the DREAM Act. a real college. We don’t recognize that musical instrument and music lessons The DREAM Act has been here for 11 as a real diploma. if they were interested. years. I have tried to pass it on the There she was with a worthless di- This program has been an amazing floor repeatedly. I can get 50-plus ploma and in debt $80,000 for a student success. It turns out it has created an votes—I did the last time I called it— loan. Now she is living in her parents’ avenue and opportunity many young but the Senate has this magic number basement. She can’t borrow another people never dreamed of having, and of 60, a supermajority. It has even nickel to go to a real college, and she some of them have talents that are in- passed the House of Representatives. owes, obviously, $80,000 and is strug- credible. I was there at their dinner But I have never been able to put 60 gling with two jobs to try to pay it off. last week when the violinists came in— votes together here. There is another part of the story kids from all over the public schools of Over the years, the support from the that we should not ignore. Many of Chicago—and they did a magnificent other side of the aisle has been decreas- these schools, particularly the for-prof- job. They feel so good about them- ing. As it decreases, it gets more dif- it schools, realize that hooking the selves. They develop a talent, and they ficult. Over the years, as well, a lot of kids into this loan is not enough, so have a 100-percent college placement people have stepped up and spoken on they have the parents cosign. Some- rate from the Merit music program. behalf of this DREAM Act. Colin Pow- times the grandparents cosign. Six There is a linkage there. I know the ell said: We would love to have these weeks ago, the New York Times ran a Senator from Colorado, who has taken young people in our military. Secre- story of a woman who had her Social over as our Presiding Officer, knows taries of Defense, such as Secretary Security check garnished because she this, as he was an educator in the city Gates, said the same thing. President owed on a student loan. It wasn’t hers, of Denver. Many of these kids for the Obama was a cosponsor of the bill. it was her granddaughter’s loan. She first time realize that they are worth These are young talented people who cosigned, and her granddaughter de- something, that they can do something can make a difference. But before I tell faulted, and now the grandmother has and do it well. And it is that confidence you the story of one of them here, I her Social Security check being docked and pride that not only takes them want to tell you the end of the story of because she owes on the loan. This is a through the experience of playing Teresa Lee. horrible situation. It will be a worse music but the experience of life and the Teresa Lee attended the Manhattan situation if the interest rate on July 1 experience of the classroom. It makes a school of Music and majored in concert doubles. big difference in their lives. piano. She met and married a young So we have this Republican filibuster Eleven years ago I got a call from the man who was an American citizen, and against bringing down the interest rate director of the program, Duffy Adelson. that made her legal in America. And on student loans, and yet we now have Duffy was there last week. Duffy is a she played at Carnegie Hall. How about an empty floor. Whoever thought it wonderful woman who has committed that? Eleven years ago our govern- was a good idea for us not to debate her life to the Merit music program. ment’s law said she had to leave the and not to vote on this interest rate in- She said: I have an issue. One of the country for 10 years. Instead, she came crease is long gone. They are not even students at the Merit music program is to the Manhattan School of Music, here. I think that is the real unfairness an amazing young girl who plays con- made it through, and has made a suc- of the filibuster. If a Senator or Sen- cert piano. She has been accepted at cess of her life. There were a couple of ators stop the business of the Senate major music schools, including the people who stepped up and made sure and say we can’t even take up the bill Manhattan school of Music in New that success was a reality in Chicago, or consider an amendment, then I York. She is Korean. Her mother, when and they were with the Merit music think they owe it to the Senate to be she was filling out the application for program. They had literally under- here and explain their point of view. the Manhattan school of Music, came written her college education because I hope that tomorrow, when the dawn to the box that said ‘‘citizenship, na- she couldn’t qualify for any help—no of a new day breaks and the Senate tionality.’’ Federal loans or grants, nothing—be- opens, some Republicans will come to The girl turned to her mother—her cause she wasn’t a citizen of the United the floor and explain this filibuster on name is Teresa Lee—and said: USA, States. This is a perfect example of a college student loans. It is unfair to right? talent that would have been lost or the students and to the families of our Her mom said: No. You see, I brought wasted if she hadn’t had good cir- country. People definitely need a col- you here when you were 2 years old on cumstances and if we don’t have the lege education—many of them do—in a visitor’s visa and I never filed any pa- DREAM Act for others who face the order to succeed in life. Some need pers. Your dad is a citizen, I am a cit- same thing. training. Even those who need skilled izen, and your brother and sister, who Let me tell another story about training may end up at a community were born here, are citizens, but we Ayded Reyes. This is a photo of Ayded college or taking a course that requires don’t know what your status is. Reyes. She is a runner. I learned about a loan to get through. The daughter said: What are we going her from an article on ESPN.com. I hope the Republicans who started to do? Ayded was brought to the United this filibuster, who said we cannot even She said: We will call DURBIN. States from Mexico when she was 2 take up, consider, or debate the stu- Well, first they called the Merit years old. She grew up in San Diego, dent loan interest rate issue, will be music program, and then Merit called CA. In high school, she was an honors here tomorrow to explain why, to ex- me, and my staff found out that the student who played three sports and plain why they think this is not worth law was clear. This young girl, who has was an active volunteer in her commu- the time of the Senate to debate. Until spent 16 years in the United States, has nity. Among other activities, Ayded then, we will just languish in this fili- to leave the United States for 10 years volunteered at the Children’s Hospital buster. and then reapply to come back. She and Sherman Heights Community Cen- THE DREAM ACT must leave for 10 years. That is the ter, where she tutored students and Mr. DURBIN. Mr. President, it was 11 law. I thought to myself, the mom worked with the elderly. She was also years ago that I introduced a bill called didn’t file the papers. Mom did some- a member of the National Honor Soci- the DREAM Act. Just this last week, I thing wrong. Why would we not let this ety and graduated from high school was back in Chicago to attend a fund- young woman do something right? with a 3.98 grade point average. This raising dinner for a group I really re- So when I was drafting the DREAM Senator wishes he could have had an spect. It is called the Merit music pro- Act, I said: If you graduate high school average like that.

VerDate Mar 15 2010 02:09 May 09, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.048 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2957 Ayded was accepted at the University The assistant legislative clerk pro- We have right now more than 300,000 of California at San Diego, but she was ceeded to call the roll. Michigan students—those who have unable to attend for financial reasons. Ms. STABENOW. Mr. President, I ask borrowed money because they believe Because she does not have legal status unanimous consent that the order for in themselves, they believe in the fu- in the United States, Ayded is ineli- the quorum call be rescinded. ture, and they want to get the skills gible for Federal student loans or any The PRESIDING OFFICER. Without and the degrees they need to be able to other Federal aid. Instead, she attends objection, it is so ordered. go into the workplace, to be successful Southwestern Community College, Ms. STABENOW. Mr. President, I for themselves and their families— where she has flourished as a student rise to express deep concern on behalf 300,000 students who are going to see athlete. She maintains a 3.50 grade of families and students all across their Stafford student loan interest point average, and her dream is to be- Michigan who are very upset at the rate double if we don’t pass this bill. come an obstetrician. She has also be- vote earlier today where we did not get We need a sense of urgency, like come the top-ranked women’s junior enough votes—the supermajority need- every single family feels right now that college cross-country runner in the ed to be able to get beyond the fili- finds themselves burdened by loans. State of California. Among other buster that is going on on the floor by They made the decision, and we have awards, she has been given Athlete of colleagues on the other side of the been supportive of that, making loans the Year at Southwestern College and aisle, and therefore we can’t actually available and lowering the interest Pacific Coast Athletic Conference get to the vote on the bill that would rate over the last several years so more Track and Field Athlete of the Year. lower or maintain the lower student people can go to college and be able to Ayded has been offered athletic schol- loan interest rates for students all get the skills they need and be able to arships by more than a dozen top 4- across America and certainly in Michi- be successful in the workplace. We year colleges, but she can’t accept gan. should be continuing to support that them because she is subject to deporta- We know what will happen July 1 if and doing even more to help them tion. She is not here legally. we can’t get beyond this. We actually lower the cost, not allowing the stu- I have spoken to other students who have a majority of Members, 53 Mem- dent loan interest rate to double come have similar challenges, whose dreams bers. I am very proud that all of our July 1. can’t be fulfilled unless we give them a Members on this side of the aisle voted, Folks in Michigan are scratching chance. Just recently, I heard about a in fact, to support the effort to main- their heads right now. Let me share student who didn’t know which way to tain the low student loan interest rate. stories I have received. I have received turn, didn’t know if the DREAM Act We didn’t have the supermajority be- a lot of input, a lot of stories from peo- would ever pass, and applied for a visa cause it takes bipartisan votes to be ple not only throughout today but be- to take his college education and go to able to get there and overcome the fili- fore today, but certainly folks who work in Canada. The Canadians wel- buster on the other side of the aisle. watched the vote this afternoon are comed him. We need talent like that in But we have enough votes, and we just horrified at what this means personally Canada, they said. So they took him want to vote. We have enough votes to and we deported him. Are we a better to them, for their children or for their be able to pass this bill, the Stop the families. We have received a number of nation for that? Who got the best of Student Loan Interest Rate Hike Act. that bargain? A person who was edu- e-mails to our office, and I am very We have enough votes, and we just thankful to people who are sharing cated in the United States, succeeded need to have the opportunity to be able in the United States, and dreamed of their stories. I would like to share just to vote. a few of them on the floor of the Sen- being an American citizen is now living What does this mean for middle-class in Canada. To me, that is not the kind ate. families and students in Michigan and Liz from Traverse City wrote: of thing we need to see in our country. all across the country? We are at a As I said, just because the parents PLEASE, please don’t let them raise the time when middle-class families are interest rates on student loans. I have two made the mistake, got something struggling to make ends meet and no wrong, these young people should be sons at MSU and I’m a single mom. I work a more so than in Michigan, where we full time and 2 part-time jobs and they work, given a chance to do something right. have gone through the deepest reces- and without the Federal loans they wouldn’t I am going to continue to work on sion for the last decade of anyplace in be able to go to college—even with the full passing the DREAM Act, and I hope I the country. We need to be making col- MET I worked on all their lives. can appeal across the aisle to Repub- lege more affordable for Michigan stu- So she put money into a Michigan licans as well. Why is this a partisan dents and students across America and program to be able to save money and issue? Don’t we all believe we shouldn’t their parents, not less affordable. We put money aside. But this is somebody punish a young person for the crimes who is working one job and two part- or sins of their adult parent? That is ought to be doing what will actually time jobs on top of her full-time job, what is at work here. It is a basic ques- add to what we have done to support tion of justice. These young people, lower interest rates, more access to and her sons are working, and they such as Ayded, grew up in America student loans, not taking that away, still have student loans to be able to pledging allegiance to the flag, believ- which is what is happening right now piece it together to be able to go to col- ing this was their home. All they want on the floor of the Senate because of lege. is a chance to make their home—the the filibuster. She said: home of their dreams—a better place. Higher education costs are already Please help—our 3 person family is work- I hope my colleagues will take the rising. Michigan students are grad- ing very hard to get through school. time to meet some of the DREAMers. uating with mountains of student debt And I would suggest that they are. That is what they call themselves now. while high school graduates are being And, Liz, thank you for caring about They have Web sites. They have priced out of the opportunity to be able your sons and working as hard as you stepped out into the light of day to in- to go to college. In fact, the average are working. troduce themselves to America. That is Michigan student is graduating with We need to make sure we don’t add our only hope for this passing, where over $25,000 in student debt. That is a costs to Liz and her two sons in July. people come to meet these young peo- heck of a place to start when you come On top of everything they are doing to ple and realize what amazing people out of college and you are looking for be able to create an opportunity for they are. I think they will understand a job and trying to get started in a pro- those two sons to be able to go to col- that giving them a chance is only fair, fessional life or trying to continue lege, to be able to have a better life and it is totally American, and it is some- your professional life and at the same a future for themselves, we shouldn’t thing we should do as soon as possible. time support your family. That is a lot be adding costs to them. Mr. President, at this point I yield of money. And we should not be adding Lars from Ann Arbor wrote: the floor and I suggest the absence of a to that, because we are talking about As a student at the University of Michi- quorum. additional debt on top of that $25,000 gan, I find it hard to keep up with current The PRESIDING OFFICER (Mr. BEN- average if, in fact, we can’t pass this events, but I try in earnest, and this is an NET). The clerk will call the roll. bill. issue that affects me more than most others

VerDate Mar 15 2010 02:09 May 09, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.050 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2958 CONGRESSIONAL RECORD — SENATE May 8, 2012 at this time. I’m footing the bill for my col- that is something that is very hard for for themselves, for their families. That lege education largely myself, as my mother me to understand. is the hope, that is the promise of col- and father—a high school art teacher and Michael in Mount Pleasant wrote: lege education. GM retiree, respectively—do what they can We have a responsibility to make to help in the short term. I’d like you to I am a student at Central Michigan Univer- work on behalf of keeping the interest rates sity studying Information Technology and I sure we are doing everything possible lower. am also putting myself through school by to support the hopes and dreams, the whatever means possible. The amount of stu- hard work, the sacrifice that is going So Lars is going to the University of dent loan debt I will have to pay after a 4- Michigan—a great university—and he on in college after college, in home year degree casts a looming shadow. We are after home, where people are making is footing most of his college bill him- always taught to look toward the future and self. His mom, a teacher, and his dad, a to jump at any opportunity that presents tough decisions in order to give their GM retiree, are doing what they can to itself as an opportunity to better oneself. We kids a brighter future. I was proud to help author the legis- help, but he has to have student loans. as students are now looking at a future filled lation in 2007 that cut the interest rate Why on Earth would we be adding to with uncertainty. Please do whatever it takes to do what you know is right, and save to where it is now, 3.4 percent. I was his costs come July when he is working our future from an impending financial de- pleased to help lead the effort as well very hard, with the support of his fam- feat. to reform the student loan program ily, to be able to create a great life Well, Michael, again working very and expand college access. Those were with a great education from a great hard, has a path, knows what he wants good things to do—not bad things, good university? to do, puts a plan in place, like most Kasondra from Grand Blanc wrote: things. People have benefited. Three students and most families, to figure I am not what they consider a ‘typical’ stu- hundred thousand people in Michigan dent. I am a single mom of two obtaining my out how he is going to be able to pay it right now have benefited from that op- bachelor’s degree in Social Work. As a stu- both now in terms of the costs and pay- portunity, the commitment we made to dent and as a mother, I am attempting to lift ing back the student loans. And if we support young people, people going myself and my family out of poverty by can’t get a vote on this bill, we are back to college, to have a brighter fu- doing the right thing, getting a college edu- pulling the rug out from under Mi- ture through a college education. cation. While it has been tough and there are chael. Now is not the time to turn that days I wished I could give up, I am pursuing Jennifer in Michigan wrote: around. The Stop The Student Loan In- my dream, and I will be graduating with For me, it means I’ll be very unlikely to terest Rate Hike Act is commonsense honors in one year. If the rate increase hap- finish grad school. We say the US (especially pens, I cannot afford paying back my student legislation. It does not add a dime to Michigan) needs to invest in technology, yet loans while raising two children. Please, do the deficit. It is fully paid for. It is they want to do things like this that will re- not let the interest rate expire on July 1. something that needs to get done now sult in an uneducated society. Kasondra, congratulations for all you so that there is certainty for families Jennifer, I am with you. This makes are doing as a single mom of two, as across Michigan and across the coun- absolutely no sense whatsoever, at a you said, lifting your family out of try. Education really is the road to op- time when we know we have to poverty. We in Michigan are a tough portunity in this great country and outeducate and outinnovate to be able bunch. We don’t give up. But I know Michigan is home to world-class uni- to outcompete in a global economy. how hard it can be trying to hold it all versities and community colleges. Doing things that add costs for middle- together during these times, and I They are conducting cutting-edge high- class families, working families, to add want to thank you for doing that. And tech research to help transform the costs for loans? You are bearing the you are absolutely right, it would real- economy. Our schools serve to open brunt. You are getting a loan. You are ly be outrageous to see the interest doors and create opportunities for believing in yourself and your future. rate on your loans when you are grad- thousands and thousands of graduates We ought to be doing everything we uating next year with honors—con- every year. can to support that, not adding more gratulations for that. But to be able to I am always honored when I have the costs. know that you are going to at least opportunity to speak at a graduation, That is unfortunately what will hap- have the interest rate on your loans as I have done this year, and to see the pen if we cannot get beyond this fili- continue as they have been I know pride and relief on the faces of students buster on the floor of the Senate, to would be a relief and a help to you. who have worked so hard—and their Angelica from Ypsilanti wrote: have a real vote, a final vote. We have parents, their pride and the commit- the votes. We are just being blocked My name is Angelica, I am a 40 year old ment they make to their children. I mother of three who has returned to school from getting to the vote by the proce- know how that feels as a parent sitting to finally get my degree. I have recently dures of the Senate. in the audience as your kids graduate been accepted at Eastern Michigan Univer- Kathryn in Michigan: and walk across that stage with their sity and am starting classes in June. With- When I heard the interest for student loans diploma. out affordable student loans I would not be is going to double, my heart sank. How is This is ingrained in us as Americans. able to attend school. I want to make a posi- this even possible? My daughter is 21 years It is the foundation of who we are, to tive difference. Getting my degree will give old, a psychology major at Western Michigan create an opportunity for people to go me and my family a better standard of living University. and get out of the terrible cycle of poverty. to school K–12 and then be able to have That is another great university in a chance to go on to college so they This bill is critical to making the dream of Michigan. higher education a reality for Americans and can have the best shot at success. That ensuring our workforce is prepared to com- I am so very proud of her as any parent is what we have had as a foundation in pete in a 21st century global economy. would be. With interest rates set to double, terms of our values as a country. This how can these students possibly even begin is not the time to turn it back. We Angelica, again, congratulations. As to think of paying these loans back? All this a mom of three, 40 years old, making does is discourage kids from going to college need to be making it easier, not harder, the decision to go back to school, get- at all and once again only the privileged will for students to achieve a college edu- ting accepted, creating a plan for how be allowed to succeed. Please once again we cation which greatly improves their you are going to be able to use student need your help. There has to be a light at the chances of getting a good-paying job loans and be able to hold it all together end of this dark tunnel for these kids and for and being successful in life. financially as you are moving forward, our nation. We are at a moment where we had a it is really outrageous to think that ‘‘There has to be a light at the end of vote today where it was very clear we there is a filibuster going on right now this dark tunnel for these kids and for have enough votes to pass this bill, to to stop us from voting on something our nation.’’ I could not agree more. make sure that student loan rates do that would help you. We have to make sure the light they not double. We have enough votes to We have the votes. This is not about see is not from an oncoming train. We pass it. We just do not have support whether we have the votes to maintain have to make sure the light they see is from across the aisle, we do not have the low interest rate. We have the actually their way through the tunnel the bipartisan votes we need to get to votes. We are being blocked proce- of debt that comes with college loans, a supermajority to stop the filibuster. durally from getting to the vote, and and out into a future that is brighter That is what is going on right now. We

VerDate Mar 15 2010 02:09 May 09, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.051 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2959 need to vote. Folks do not have to As someone who has directly wit- fire and rescue, and that is where he is agree with it. They can vote no on the nessed the importance of having a mu- most at home. Although he does not final bill. Let us vote. On behalf of the seum dedicated to preserving the his- fight fires with the department today, people we represent, let us vote on the tory and telling the stories of Latinos he does still participate in other activi- bill. On behalf of 300,000 students and in my home State, I am proud to be an ties with the firemen, many of whom their families in Michigan, on behalf of original cosponsor of the Smithsonian refer to him as ‘Pap.’ hundreds of thousands of others who American Latino Museum Act, S. 1868. Mr. Walker is not only a devoted pub- are looking for the opportunity to go It is my hope that a museum illu- lic servant, but also a beloved family to college, to be able to work hard and minating the richness of the Latino man. Aside from firefighter, he holds a take all the risks that come with that culture and history, as well as the nu- few other titles—like husband, father, to be able to have a better life, I ask we merous contributions Hispanics have and grandfather. He and his wife of 25 simply allow a vote. Let us vote on this made to the United States, will be years, Marie, have four children, Eddie, bill. built in our Nation’s Capital in the Steven, Stewart, and Deborah It is time to get on and let people near future. Greenwall. R.C. is dearly cherished by know we get it, we understand what I would also like to recognize all who know him. I can say with cer- families are going through, we under- Lynnette Sawyer, executive director of tainty that his family, the boys at the stand the squeeze middle-class families the museum, for her outstanding lead- fire department, and the local citizens are going through on every front right ership and commitment to the mu- of Laurel County feel safe knowing a now, and we will make sure that access seum. I extend a warm felt thanks to man as honest and caring as Ruben to college, a higher education, is not the staff and countless individuals who Curtis Walker is watching out for just there for the wealthy and con- have worked over the years to make them. nected but that it is available to every- this great institution a resource for all I ask my colleagues in the United body because we are a stronger country Nevadans. Please join me in congratu- States Senate to join me in commemo- because of that. lating the Hispanic Museum of Nevada rating Mr. Ruben Curtis Walker for the I suggest the absence of a quorum. for 20 years of great work honoring the great many contributions he has to his The PRESIDING OFFICER. The rich diversity among Hispanics and local community. clerk will call the roll. their many contributions to our great There was recently an article printed The assistant legislative clerk pro- State. I wish the Museo Hispano de Ne- in the Sentinel-Echo: Silver Edition, a ceeded to call the roll. Ms. STABENOW. Mr. President, I ask vada continued success in their future Laurel County, KY local newspaper unanimous consent that the order for endeavors. magazine, which highlighted the count- the quorum call be rescinded. f less accomplishments of R.C. Walker The PRESIDING OFFICER. Without throughout his colorful life. I ask TRIBUTE TO RUBEN CURTIS ‘‘R.C.’’ unanimous consent the article be objection, it is so ordered. WALKER printed in the RECORD. f Mr. MCCONNELL. Mr. President, I There being no objection, the article MORNING BUSINESS rise today in honor of a man who has was ordered to appear in the RECORD as Ms. STABENOW. Mr. President, I ask always been ready and willing to an- follows: unanimous consent that the Senate swer the call of distress in his home- [From the Sentinel-Echo: Silver Edition, proceed to a period of morning busi- town of London, KY, in Laurel County: November 2011] ness, with Senators permitted to speak Mr. Ruben Curtis Walker, better HE’S DONE IT ALL therein for up to 10 minutes each. known by what everyone typically (By Carol Mills) The PRESIDING OFFICER. Without calls him, ‘‘R.C.’’ He has served as a He has been a first responder in many objection, it is so ordered. member of numerous first-response ways—firefighter, rescue worker, sheriff’s f teams for the local people of his com- deputy, coroner, and jailer. munity for almost 60 years. Ruben Curtis ‘‘R.C.’’ Walker joined the 20TH ANNIVERSARY OF NEVADA’S A life-long passion for service in the London Fire Department in 1952, and has HISPANIC MUSEUM rescue field began for R.C. in 1952, when been a volunteer fireman for the city or Mr. REID. Mr. President, I rise today he joined the London Fire Department. county most of his life. to recognize and honor the Hispanic He has maintained some kind of posi- He has also been with the London-Laurel County Rescue Squad most of the time. Museum of Nevada—Museo Hispano de tion there, whether volunteer or paid, ‘‘I’ve really enjoyed being a firefighter. Nevada—for its 20 years of service to ever since. R.C. has a deep desire to ex- I’ve always been helpful on the rescue squad our community. tend a helping hand to those in need. whether I was with the city or county. I re- For the last two decades, Museo He enjoyed his job and he enjoyed the member rescuing this fellow out of an elec- Hispano de Nevada has been guided by work he was doing for his community tric line. When they were clearing the bot- its mission: ‘‘dedicated to promote so much, in fact, that in 1962 Fire Chief tom out to put the new sanitation system in, awareness, education and resources of Gilmore Phelps noticed his display of I got a call from the funeral home they found the diverse Hispanic cultures and tradi- passion and asked him to start the somebody they thought was dead down there. tions to enhance intercultural under- He was putting a new blade on a bulldozer first-ever Laurel County fire depart- and he swung his boom around and he got it standing among community members.’’ ment. R.C. took on the challenge and into 6,900 volts of electricity. I jumped in the This institution has played a critical met it with flying colors. He went on truck and pulled it away from the electric role in educating Nevadans about the to run an excellent fire department for line. The door was open on the truck, so I diversity of Latino heritage and pro- 181⁄2 years before finally stepping down took a running go and jumped in. He was moting pride and cultural under- as chief. passing in and out, but he wasn’t dead.’’ standing. Having always been active in his Back then, the funeral homes transported The Museo Hispano de Nevada has community and anxious to help out, patients to the hospital because the ambu- sponsored numerous field trips and R.C. didn’t just devote his time to the lance service was established on Jan. 1, 1977. ‘‘It’s just wonderful that I could be of help workshops, shedding light on the dif- new County Fire Department; he was to somebody. I’ve been through a lot of situ- ferent cultural traditions of the Latino involved across the board in the service ations. I devoted the biggest majority of my population and enabling future genera- arena. He was deputy coroner, then life to fire and rescue. My son, Steven, is a tions to learn about their heritage eventually coroner in 1966, the same sergeant in the state police and my son, through historic artifacts and art ex- year that he ran for county sheriff. He Stewart, is chief of the city police. hibits. These programs and activities opened the Bowling-Walker funeral ‘‘Gilmore Phelps was chief in 1952, and he have served as learning tools for edu- home in 1965. He has also been deputy talked me into joining the fire department cating our community about the diver- with them,’’ Walker recalled. ‘‘I was working sheriff in Laurel County, and the coun- around a florist and a grocery store here in sity in my home State of Nevada, ty jailer from 1989 to 1993. town, Acton’s Grocery, here on Main Street. where 26 percent of the population is However diverse the life of R.C. I was with the city in ’54 when I starting Latino, accounting for 46 percent of Walker was, he did not stray far from working at House Funeral Home on East growth in the Silver State. the fire department. His first love was Fourth Street.’’

VerDate Mar 15 2010 02:09 May 09, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.053 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2960 CONGRESSIONAL RECORD — SENATE May 8, 2012 In 1958, Walker left House Funeral Home, continental Railroad. In 1992, May was exclusion, as well as reaffirming the but he was still with the city fire depart- officially designated Asian-Pacific commitment of the Senate to preserve ment. He started working with Laurel Fu- American Heritage Month. civil rights and constitutional protec- neral Home on South Main Street where the This year’s Asian-Pacific American tion of all Asian-Pacific Americans. Laurel Judicial Center is now. The future of the Asian-Pacific ‘‘There used to be a big home there and we Heritage Month theme, ‘‘Striving for used it,’’ he recalled. ‘‘And I sold cars for a Excellence in Leadership, Diversity American community is bright, and I while. In the meantime, while I was at Lau- and Inclusion,’’ is embodied in the ac- have no doubt it will see many tri- rel Funeral Home, they talked me into start- complishments of numerous Asian-Pa- umphs in the years ahead. Today, it is ing the county fire department.’’ cific Americans. my honor to recognize the ongoing de- Walker was appointed the first Laurel In Congress, my colleagues, Senators termination, ambition, and success of County fire chief when the department was DANIEL INOUYE and DANIEL AKAKA, are Asian-Pacific Americans during Asian- organized in 1962, a position now held by joined by California Representatives Pacific American Heritage Month. Tommy Johnston. Walker was chief for 18- f and-a-half years before stepping down after JUDY CHU, MIKE HONDA, and DORIS getting injured. MATSUI as examples of good public TAIWAN’S PRESIDENTIAL In the meantime in 1965, he opened the servants. INAUGURATION Bowling-Walker Funeral Home on Dixie A number of California cities are led Street where the London-Laurel County by Asian-Pacific Americans, including: Mr. WYDEN. Mr. President, on May Farmers Market is now. He sold out his part Mayor Ling-Ling Chang of Diamond 20 the world will see an encouraging in the funeral business after he had back sur- Bar, Mayor Edwin Lee of my hometown sight. On that day, President Ma Ying- gery. of San Francisco, Mayor Jean Quan of jeou of the Republic of China will be While at Bowling-Walker, he was a deputy Oakland, Mayor Richard Sun of San sworn in for a second term on the is- coroner and, when he ran for sheriff in 1966, land of Taiwan. I was so pleased to see Marino, Mayor Jeremy Yamaguchi of he was the coroner. He has been a deputy yet another free, fair, democratic elec- Placentia, and Mayor Vincent Yu of with the Laurel County Sheriff’s Office, too. tion take place on January 14. I want ‘‘That’s why my boys picked up the police Temple City. to take a moment to wish President business.’’ Additionally, it is appropriate to ac- Ma and the people of Taiwan success He then ran for Laurel County Sheriff in knowledge the outstanding contribu- and prosperity as their young democ- 1970. tions of Asian-Pacific Americans who racy continues to flourish and serve as ‘‘I won the nominee on the Republican sit on the bench in California. (ticket) out of 14 and then the Democrats an example for other countries in the Judge Edward M. Chen just finished beat me in the fall,’’ Walker recalled. ‘‘I then region. his first year as a U.S. district court went back to House Funeral Home in 1973 The difference in governance can be and worked until ’80. In 1982, I went to work judge in San Francisco. striking when Taiwan is compared to Associate Justice Goodwin Liu was for Laurel Funeral Home, which had moved some of its neighbors in the region. to (Ky.) 192 on the hill behind the school, recently appointed to the Supreme Taiwan’s experiment with democracy Laurel County High.’’ Court of California. is less than two decades old, but it has Walker was Laurel County jailer from 1989 Judge Jacqueline H. Nguyen has demonstrated spectacular progress, until 1993. When he was elected, he came served with distinction as the first Vi- holding direct democratic elections in back to the London Fire Department and has etnamese-American Federal judge been there ever since. every Presidential election since 1996. Walker has been married to his wife, since 2009, and was nominated to the The people of Taiwan vigorously exer- Marie, for 25 years and he has another son, Ninth Circuit Court of Appeals in 2011. cise their right to vote—three out of Eddie, who lives in Texas, and a daughter, She has won confirmation to the Ninth every four Taiwanese citizens voted in Deborah Greenwall, an attorney in Louis- Circuit, which makes her the first the January elections—and they feel ville. Asian-American female Federal appel- ‘‘I’ve got a good relationship with the chil- empowered to petition their govern- late judge in the Nation. ment, voice their grievances, peace- dren and grandbabies,’’ Marie Walker said. Public service is by no means the Now at 77, Walker does not actively fight fully assemble, and, in general, enjoy fires, but continues to participate in any of only area in which Asian-Pacific Amer- many of the political freedoms that the department’s other activities. icans have made great strides forward. Americans hold dear. ‘‘I don’t do much. They kind of take care National Basketball Association phe- Taiwan is an important economic of me. Some of them call me ‘Pap.’ ’’ nomenon Jeremy Lin, a California na- partner of the United States and is a f tive, has provided inspiration well be- robust and growing market for Amer- yond the Asian-Pacific American com- ican exports. Just last month, as chair ASIAN-PACIFIC AMERICAN munity. From young children to HERITAGE MONTH 2012 of the Senate Finance Subcommittee adults, the Harvard-educated athlete on International Trade, I held a hear- Mrs. FEINSTEIN. Mr. President, I has proven to millions that no dream is ing on agricultural export opportuni- rise today to honor the Asian and Pa- too big to achieve. ties to Asia. As Asia continues to expe- cific Islander community in the United Asian-Pacific American Heritage rience impressive economic growth, it States and celebrate the tremendous Month is particularly relevant in 2012, is important to remember that Taiwan contribution these Americans have as we recognize the 70th anniversary of is the sixth largest destination for made to our Nation. the Japanese-American relocation dur- American agricultural exports. More There are an estimated 17.3 million ing World War II, under Executive can be done to improve bilateral trade residents of Asian descent in our coun- Order 9066. between our two countries though, and try and 5.6 million Asian-Pacific Amer- I remember this shameful page in our I hope President Ma and his colleagues icans living in California. I am proud history. As a young girl, my father in the Legislative Yuan will move that our State has the largest Asian took me to the Tanforan Racetrack, quickly to resolve the outstanding population in the country. near San Francisco, which was a stag- issues surrounding American beef im- California also boasts the highest ing point for Japanese Americans en ports. number of Asian-owned businesses at route to more permanent detention President Ma made good progress in 508,969, and the U.S. Armed Forces has centers. Seeing the barbed wire, and his first 4 years in improving cross- more than 265,000 Asian-American vet- the men, women, and children housed strait relations and has worked hard to erans. in horse stables and small buildings on promote peace and prosperity in the re- In 1977, Senators DANIEL INOUYE and the infield of the racetrack was an ex- gion. I commend both sides’ work in Spark Matsunaga of Hawaii introduced perience I will never forget. developing and signing the Economic a resolution in the Senate and Presi- It is important that our Nation ac- Cooperation Framework Agreement be- dent Jimmy Carter signed a joint reso- knowledge mistakes, no matter how far tween the People’s Republic of China lution officially establishing Asian-Pa- in the past. I am proud to have cospon- and the Republic of China. I am con- cific American Heritage Week to honor sored and voted in support of a resolu- fident that President Ma will continue the first Japanese immigrants to the tion expressing congressional regret for to work to ensure cross-strait stability United States and the Chinese individ- decades of legislation targeting Chi- and cultivate an environment free from uals who worked on the Trans- nese people for physical and political intimidation.

VerDate Mar 15 2010 02:09 May 09, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.022 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2961 The people of Taiwan have much to and making changes that have ern Maine has embraced this organiza- be proud of as they celebrate the inau- strengthened the community college tion for 185 years. guration of President Ma. The relation- system and enabled more students to Throughout our Nation’s great his- ship between the people of the United be successful. During Dr. Smith’s ten- tory, we have experienced tremendous States and the people of Taiwan is ure, AACC has garnered numerous highs and lows, particularly in our fi- based on shared values and common in- awards and honors, including Commu- nancial sector. While this has pre- terests. I look forward to seeing Tai- nity College of the Year from the Na- sented unique challenges to banking wan grow and prosper, and want the tional Alliance for Business. establishments, Saco & Biddeford Sav- Taiwanese people to know that they I ask my colleagues to join me in ings Institution’s ability to thrive and have an unshakeable ally in the United congratulating Dr. Smith on her 18 prosper for 185 years is a monumental States as they continue forward as a years of accomplishments as president achievement. I am proud to extend my young democracy. of Anne Arundel Community College, congratulations to everyone at Saco & f in thanking her for her inspired leader- Biddeford Savings Institution on their ship and public service, and in wishing 185th anniversary. I offer my best wish- ADDITIONAL STATEMENTS her well in her retirement.∑ es for their continued success.∑ f f TRIBUTE TO DR. MARTHA SMITH RECOGNIZING SACO & BIDDEFORD MESSAGES FROM THE PRESIDENT ∑ Mr. CARDIN. Mr. President, today I SAVINGS INSTITUTION Messages from the President of the wish to recognize the accomplishments ∑ Ms. SNOWE. Mr. President, it is my United States were communicated to of Martha Smith, Ph.D., who is retiring privilege and honor to recognize and the Senate by Mrs. Neiman, one of his as president of Anne Arundel Commu- commend Saco & Biddeford Savings In- secretaries. nity College, AACC, in Anne Arundel stitution, the oldest bank in Maine, f County, MD. For 18 years, Dr. Smith which this month celebrates its mile- EXECUTIVE MESSAGES REFERRED has been the visionary and driving stone 185th anniversary. force behind many of the accomplish- Saco & Biddeford Savings Institu- As in executive session the Presiding ments of AACC. Her tireless dedication tion, located in Saco, ME, opened its Officer laid before the Senate messages and unwavering enthusiasm have been doors on May 23, 1827. It is hard to be- from the President of the United instrumental in bringing extraordinary lieve, but at that time—7 years after States submitting sundry nominations educational opportunities to the stu- Maine was granted Statehood—rel- which were referred to the appropriate dents of AACC. Under her leadership, atively few banks existed in the United committees. (The nominations received today are AACC has grown to meet the needs of States and none in Maine. However, in printed at the end of the Senate pro- students and employers in Anne Arun- February of 1827, 48 citizens of Saco ceedings.) del County and throughout the State of changed this path by appealing to the Maryland. The college has focused on State legislature for a banking charter. f high-growth industries and opportuni- Since that time, this community bank MESSAGES FROM THE HOUSE ties presented by the base realignment has taken remarkable strides and made ENROLLED BILLS SIGNED and closure, BRAC, process. As a re- breakthrough achievements, including At 10:03 a.m., a message from the sult, its enrollment has increased from opening the first branch of any bank in House of Representatives, delivered by 40,000 to 53,000 students and the number Maine. Further, in 1922, it began en- Mr. Novotny, one of its reading clerks, of degree and certificate programs has couraging Maine’s youth to save and announced that the Speaker has signed nearly doubled. The campus locations learn the value of fiscal responsibility the following enrolled bills: have grown to include Glen Burnie and when it started the first school savings H.R. 298. An act to designate the facility of Arundel Mills, as well as nine new program in the State’s history. the United States Postal Service located at buildings. Whether a customer is interested in 500 East Whitestone Boulevard in Cedar Dr. Smith has led AACC’s growth and personal banking, obtaining a mort- Park, Texas, as the ‘‘Army Specialist Mat- success by keeping her finger on the gage, or even starting or investing in a thew Troy Morris Post Office Building’’. pulse of workforce trends, student small business, Saco and Biddeford H.R. 1423. An act to designate the facility of the United States Postal Service located goals, and employer needs. This year, Savings offers a broad array of services at 115 4th Avenue Southwest in Ardmore, she announced nine new associate’s de- and products. Today, this bank has ex- Oklahoma, as the ‘‘Specialist Micheal E. gree programs in fields such as juvenile panded beyond Saco and includes loca- Phillips Post Office’’. justice and early childhood education. tions in Biddeford, Old Orchard Beach, H.R. 2079. An act to designate the facility Under her leadership, AACC opened the Scarborough, South Portland, and of the United States Postal Service located Centers for Cyber and Professional Westbrook. As the eleventh largest at 10 Main Street in East Rockaway, New York, as the ‘‘John J. Cook Post Office’’. Training and Applied Learning and Maine-based community bank for total H.R. 2213. An act to designate the facility Technology and introduced a new de- assets, it continues to grow, recently of the United States Postal Service located gree in information systems security, announcing total assets of over $759 at 801 West Eastport Street in Luka, Mis- evincing the increased demand for million. Notably, Saco & Biddeford sissippi, as the ‘‘Sergeant Jason W. Vaughn highly trained cyber security profes- Savings continues to be a leader in the Post Office’’. sionals. In response to the growing community, employing 165 individuals, H.R. 2244. An act to designate the facility needs of Maryland’s health care and and was named by Best Companies of the United States Postal Service located at 67 Castle Street in Geneva, New York, as tourism industries, Dr. Smith has over- Group in 2011 as one of the ‘‘Best the ‘‘Corporal Steven Blaine Riccione Post seen the expansion of the physician as- Places to Work in Maine.’’ Office’’. sistant certificate program and she cut As is evidenced by their remarkable H.R. 2660. An act to designate the facility the ribbon on AACC’s new Hospitality, success for nearly two centuries, this of the United States Postal Service located Culinary Arts and Tourism Institute. financial institution is highly regarded at 122 North Holderrieth Boulevard in Dr. Smith’s considerable expertise for its impeccable customer service and Tomball, Texas, as the ‘‘Tomball Veterans Post Office’’. and leadership in the areas of work- outstanding charitable contributions. H.R. 2767. An act to designate the facility force development and education has In 2011 alone, Saco & Biddeford Savings of the United States Postal Service located enabled her to serve in many leader- donated nearly $350,000 to local char- at 8 West Silver Street in Westfield, Massa- ship roles with local, State, and na- ities. Already, in 2012, this community chusetts, as the ‘‘William T. Trant Post Of- tional organizations. As a passionate bank has donated to 14 local food pan- fice Building’’. advocate for high-quality, affordable tries and meal programs and assisted H.R. 3004. An act to designate the facility education for all students who want to with the Project Heat Telethon which of the United States Postal Service located pursue higher education, her role on ultimately raised $223,550 to assist at 260 California Drive in Yountville, Cali- fornia, as the ‘‘Private First Class Alejandro national community college and work- Maine families with fuel costs. Saco & R. Ruiz Post Office Building’’. force investment boards has been in- Biddeford Savings’ generosity to the H.R. 3246. An act to designate the facility strumental in building partnerships community demonstrates why South- of the United States Postal Service located

VerDate Mar 15 2010 03:31 May 09, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G08MY6.010 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2962 CONGRESSIONAL RECORD — SENATE May 8, 2012 at 15455 Manchester Road in Ballwin, Mis- H.R. 4628. An act to extend student loan in- law, the report of a rule entitled ‘‘Amend- souri, as the ‘‘Specialist Peter J. Navarro terest rates for undergraduate Federal Di- ment to Agency Rules of Practice’’ (RIN2126– Post Office Building’’. rect Stafford Loans. AB38) received during adjournment of the H.R. 3247. An act to designate the facility H.R. 4849. An act to direct the Secretary of Senate in the Office of the President of the of the United States Postal Service located the Interior to issue commercial use author- Senate on April 30, 2012; to the Committee on at 1100 Town and Country Commons in Ches- izations to commercial stock operators for Commerce, Science, and Transportation. terfield, Missouri, as the ‘‘Lance Corporal operations in designated wilderness within EC–5967. A communication from the Senior Matthew P. Pathenos Post Office Building’’. the Sequoia and Kings Canyon National Program Analyst, Federal Aviation Adminis- H.R. 3248. An act to designate the facility Parks, and for other purposes. tration, Department of Transportation, of the United States Postal Service located transmitting, pursuant to law, the report of f at 112 South 5th Street in Saint Charles, a rule entitled ‘‘Airworthiness Directives; Missouri, as the ‘‘Lance Corporal Drew W. EXECUTIVE AND OTHER General Electric Company (GE) Turbofan Weaver Post Office Building’’. COMMUNICATIONS Engines’’ ((RIN2120–AA64) (Docket No. FAA– 2006–25738)) received in the Office of the The enrolled bills were subsequently The following communications were signed by the President pro tempore President of the Senate on April 26, 2012; to laid before the Senate, together with the Committee on Commerce, Science, and (Mr. INOUYE). accompanying papers, reports, and doc- Transportation. uments, and were referred as indicated: EC–5968. A communication from the Senior At 2:15 p.m., a message from the Program Analyst, Federal Aviation Adminis- EC–5959. A communication from the Dep- House of Representatives, delivered by tration, Department of Transportation, uty Administrator, Rural Utilities Service, Mr. Novotny, one of its reading clerks, transmitting, pursuant to law, the report of Department of Agriculture, transmitting, announced that the House has passed a rule entitled ‘‘Airworthiness Directives; pursuant to law, the report of a rule entitled Mooney Aviation Company, Inc. (Mooney) the following bill, in which it requests ‘‘Specification for 15kV and 25kV Primary Airplanes’’ ((RIN2120–AA64) (Docket No. the concurrence of the Senate: Underground Power Cable’’ (7 CFR Part 1728) FAA–2012–0275)) received during adjournment H.R. 4097. An act to amend the John F. received in the Office of the President of the of the Senate in the Office of the President Kennedy Center Act to authorize appropria- Senate on April 26, 2012; to the Committee on of the Senate on April 30, 2012; to the Com- tions for the John F. Kennedy Center for the Agriculture, Nutrition, and Forestry. mittee on Commerce, Science, and Transpor- Performing Arts, and for other purposes. EC–5960. A communication from the Senior tation. Program Analyst, Federal Aviation Adminis- The message also announced that the EC–5969. A communication from the Senior tration, Department of Transportation, House has passed the following bill, Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of without amendment: tration, Department of Transportation, a rule entitled ‘‘Amendment of Class D Air- transmitting, pursuant to law, the report of S. 1302. An act to authorize the Adminis- space; Cocoa Beach, FL’’ ((RIN2120–AA66) a rule entitled ‘‘Airworthiness Directives; trator of General Services to convey a parcel (Docket No. FAA–2012–0099)) received during Airbus Airplanes’’ ((RIN2120–AA64) (Docket of real property in Tracy, California, to the adjournment of the Senate in the Office of No. FAA–2012–0272)) received during adjourn- City of Tracy. the President of the Senate on April 30, 2012; ment of the Senate in the Office of the Presi- The message further announced that to the Committee on Commerce, Science, dent of the Senate on April 30, 2012; to the and Transportation. the House has agreed to the following Committee on Commerce, Science, and EC–5961. A communication from the Senior concurrent resolutions, in which it re- Transportation. quests the concurrence of the Senate: Program Analyst, Federal Aviation Adminis- EC–5970. A communication from the Senior tration, Department of Transportation, H. Con. Res. 105. Concurrent resolution au- Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of thorizing the use of Emancipation Hall in tration, Department of Transportation, a rule entitled ‘‘Amendment of Class E Air- the Capitol Visitor Center for an event to transmitting, pursuant to law, the report of space; Columbia, SC’’ ((RIN2120–AA66) (Dock- celebrate the birthday of King Kamehameha. a rule entitled ‘‘Airworthiness Directives; et No. FAA–2011–1196)) received during ad- H. Con. Res. 106. Concurrent resolution au- Rolls-Royce Deutschland Ltd and Co KG journment of the Senate in the Office of the thorizing the use of the Capitol Grounds for Turbofan Engines’’ ((RIN2120–AA64) (Docket President of the Senate on April 30, 2012; to the Greater Washington Soap Box Derby. No. FAA–2012–0288)) received during adjourn- H. Con. Res. 117. Concurrent resolution au- the Committee on Commerce, Science, and ment of the Senate in the Office of the Presi- thorizing the use of the Capitol Grounds for Transportation. dent of the Senate on April 30, 2012; to the the National Peace Officers’ Memorial Serv- EC–5962. A communication from the Senior Committee on Commerce, Science, and ice. Program Analyst, Federal Aviation Adminis- Transportation. H. Con. Res. 118. Concurrent resolution au- tration, Department of Transportation, EC–5971. A communication from the Senior thorizing the use of the Capitol Grounds for transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- the District of Columbia Special Olympics a rule entitled ‘‘Establishment of Area Navi- tration, Department of Transportation, Law Enforcement Torch Run. gation (RNAV) Routes; Seattle, WA’’ transmitting, pursuant to law, the report of ((RIN2120–AA66) (Docket No. FAA–2011–1358)) f a rule entitled ‘‘Airworthiness Directives; received during adjournment of the Senate Airbus Airplanes’’ ((RIN2120–AA64) (Docket MEASURES DISCHARGED in the Office of the President of the Senate No. FAA–2012–0273)) received during adjourn- on April 30, 2012; to the Committee on Com- ment of the Senate in the Office of the Presi- The following concurrent resolution merce, Science, and Transportation. was discharged from the Committee on dent of the Senate on April 30, 2012; to the EC–5963. A communication from the Attor- Committee on Commerce, Science, and the Budget pursuant to Section 300 of ney Advisor, Federal Highway Administra- Transportation. the Congressional Budget Act, and tion, Department of Transportation, trans- EC–5972. A communication from the Senior placed on the calendar: mitting, pursuant to law, the report of a rule Program Analyst, Federal Aviation Adminis- S. Con. Res. 44. A concurrent resolution entitled ‘‘Value Engineering’’ (RIN2125– tration, Department of Transportation, setting forth the congressional budget for AF40) received in the Office of the President transmitting, pursuant to law, the report of the United States Government for fiscal year of the Senate on April 26, 2012; to the Com- a rule entitled ‘‘Airworthiness Directives; 2013 and setting forth the appropriate budg- mittee on Commerce, Science, and Transpor- Airbus Airplanes’’ ((RIN2120–AA64) (Docket etary levels for fiscal years 2014 through 2022. tation. No. FAA–2011–1225)) received during adjourn- EC–5964. A communication from the Assist- ment of the Senate in the Office of the Presi- f ant Secretary of Legislative Affairs, U.S. De- dent of the Senate on April 30, 2012; to the MEASURES PLACED ON THE partment of State, transmitting, pursuant to Committee on Commerce, Science, and CALENDAR law, a report relative to certifications grant- Transportation. ed in relation to the incidental capture of EC–5973. A communication from the Senior The following bills were read the sec- sea turtles in commercial shrimping oper- Program Analyst, Federal Aviation Adminis- ond time, and placed on the calendar: ations; to the Committee on Commerce, tration, Department of Transportation, H.R. 2050. An act to authorize the contin- Science, and Transportation. transmitting, pursuant to law, the report of ued use of certain water diversions located EC–5965. A communication from the Execu- a rule entitled ‘‘Airworthiness Directives; on National Forest System land in the tive Director, Consumer Product Safety Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) Frank Church-River of No Return Wilderness Commission, transmitting, pursuant to law, (Docket No. FAA–2011–1224)) received during and the Selway-Bitterroot Wilderness in the the Commission’s 2011 Annual Report to the adjournment of the Senate in the Office of State of Idaho, and for other purposes. President and Congress; to the Committee on the President of the Senate on April 30, 2012; H.R. 2240. An act to authorize the exchange Commerce, Science, and Transportation. to the Committee on Commerce, Science, of land or interest in land between Lowell EC–5966. A communication from the Regu- and Transportation. National Historical Park and the city of latory Ombudsman, Federal Motor Carrier EC–5974. A communication from the Senior Lowell in the Commonwealth of Massachu- Safety Administration, Department of Program Analyst, Federal Aviation Adminis- setts, and for other purposes. Transportation, transmitting, pursuant to tration, Department of Transportation,

VerDate Mar 15 2010 04:35 May 09, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.012 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2963 transmitting, pursuant to law, the report of tration, Department of Transportation, EC–5990. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- Agusta S.p.A. Helicopters’’ ((RIN2120–AA64) a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, (Docket No. FAA–2012–0355)) received during Cessna Aircraft Company Airplanes’’ transmitting, pursuant to law, the report of adjournment of the Senate in the Office of ((RIN2120–AA64) (Docket No. FAA–2011–0913)) a rule entitled ‘‘Airworthiness Directives; the President of the Senate on April 30, 2012; received during adjournment of the Senate Lockheed Martin Corporation/Lockheed to the Committee on Commerce, Science, in the Office of the President of the Senate Martin Aeronautics Company Airplanes’’ and Transportation. on April 30, 2012; to the Committee on Com- ((RIN2120–AA64) (Docket No. FAA–2011–0723)) EC–5975. A communication from the Senior merce, Science, and Transportation. received during adjournment of the Senate Program Analyst, Federal Aviation Adminis- EC–5983. A communication from the Senior in the Office of the President of the Senate tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- on April 30, 2012; to the Committee on Com- transmitting, pursuant to law, the report of tration, Department of Transportation, merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of EC–5991. A communication from the Senior DG Flugzeugbau GmbH Sailplanes’’ a rule entitled ‘‘Airworthiness Directives; Si- Program Analyst, Federal Aviation Adminis- ((RIN2120–AA64) (Docket No. FAA–2011–1342)) korsky Aircraft Corporation Helicopters’’ tration, Department of Transportation, received during adjournment of the Senate ((RIN2120–AA64) (Docket No. FAA–2011–1113)) transmitting, pursuant to law, the report of in the Office of the President of the Senate received during adjournment of the Senate a rule entitled ‘‘Airworthiness Directives; on April 30, 2012; to the Committee on Com- in the Office of the President of the Senate Airbus Airplanes’’ ((RIN2120–AA64) (Docket merce, Science, and Transportation. on April 30, 2012; to the Committee on Com- No. FAA–2012–0296)) received during adjourn- EC–5976. A communication from the Senior merce, Science, and Transportation. ment of the Senate in the Office of the Presi- Program Analyst, Federal Aviation Adminis- EC–5984. A communication from the Senior dent of the Senate on April 30, 2012; to the tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- Committee on Commerce, Science, and transmitting, pursuant to law, the report of tration, Department of Transportation, Transportation. a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of EC–5992. A communication from the Senior Pratt and Whitney Division Turbofan En- a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- gines’’ ((RIN2120–AA64) (Docket No. FAA– The Boeing Company Airplanes’’ ((RIN2120– tration, Department of Transportation, 2011–1194)) received during adjournment of AA64) (Docket No. FAA–2011–0025)) received transmitting, pursuant to law, the report of the Senate in the Office of the President of during adjournment of the Senate in the Of- a rule entitled ‘‘Airworthiness Directives; the Senate on April 30, 2012; to the Com- fice of the President of the Senate on April Airbus Airplanes’’ ((RIN2120–AA64) (Docket mittee on Commerce, Science, and Transpor- 30, 2012; to the Committee on Commerce, No. FAA–2012–0331)) received during adjourn- tation. Science, and Transportation. ment of the Senate in the Office of the Presi- EC–5977. A communication from the Senior EC–5985. A communication from the Senior dent of the Senate on April 30, 2012; to the Program Analyst, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- Committee on Commerce, Science, and tration, Department of Transportation, tration, Department of Transportation, Transportation. transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of EC–5993. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, Pratt and Whitney (PW) Turbofan Engines’’ Lockheed Martin Corporation/Lockheed transmitting, pursuant to law, the report of ((RIN2120–AA64) (Docket No. FAA–2011–1176)) Martin Aeronautics Company Airplanes’’ a rule entitled ‘‘Airworthiness Directives; received during adjournment of the Senate ((RIN2120–AA64) (Docket No. FAA–2007–0109)) The Boeing Company Airplanes’’ ((RIN2120– in the Office of the President of the Senate received during adjournment of the Senate AA64) (Docket No. FAA–2011–0303)) received on April 30, 2012; to the Committee on Com- in the Office of the President of the Senate during adjournment of the Senate in the Of- merce, Science, and Transportation. on April 30, 2012; to the Committee on Com- fice of the President of the Senate on April EC–5978. A communication from the Senior merce, Science, and Transportation. Program Analyst, Federal Aviation Adminis- EC–5986. A communication from the Senior 30, 2012; to the Committee on Commerce, Science, and Transportation. tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- EC–5994. A communication from the Trial transmitting, pursuant to law, the report of tration, Department of Transportation, Attorney, Federal Railroad Administration, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Department of Transportation, transmitting, a rule entitled ‘‘Airworthiness Directives; Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) pursuant to law, the report of a rule entitled Bombardier, Inc. Model BD–100–1A10 (Chal- (Docket No. FAA–2011–1090)) received during ‘‘Railroad Workplace Safety; Adjacent-Track lenger 300) Airplanes’’ ((RIN2120–AA64) adjournment of the Senate in the Office of On-Track Safety for Roadway Workers’’ the President of the Senate on April 30, 2012; (Docket No. FAA–2011–1064)) received during (RIN2130–AB96) received in the Office of the to the Committee on Commerce, Science, adjournment of the Senate in the Office of President of the Senate on April 26, 2012; to and Transportation. the President of the Senate on April 30, 2012; the Committee on Commerce, Science, and EC–5979. A communication from the Senior to the Committee on Commerce, Science, Transportation. Program Analyst, Federal Aviation Adminis- and Transportation. EC–5995. A communication from the Prin- tration, Department of Transportation, EC–5987. A communication from the Senior cipal Deputy General Counsel, Office of the transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- General Counsel, Bureau of Consumer Finan- a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, cial Protection, transmitting, pursuant to Cessna Aircraft Company Airplanes’’ transmitting, pursuant to law, the report of law, the report of a rule entitled ‘‘Supple- ((RIN2120–AA64) (Docket No. FAA–2011–1414)) a rule entitled ‘‘Airworthiness Directives; mental Standards of Ethical Conduct for received during adjournment of the Senate The Boeing Company Airplanes’’ ((RIN2120– Employees of the Bureau of Consumer Finan- in the Office of the President of the Senate AA64) (Docket No. FAA–2009–0908)) received cial Protection’’ ((RIN3209–AA15) (Docket on April 30, 2012; to the Committee on Com- during adjournment of the Senate in the Of- No. CFPB–2012–0016)) received during ad- merce, Science, and Transportation. fice of the President of the Senate on April journment of the Senate in the Office of the EC–5980. A communication from the Senior 30, 2012; to the Committee on Commerce, President of the Senate on April 27, 2012; to Program Analyst, Federal Aviation Adminis- Science, and Transportation. the Committee on Banking, Housing, and tration, Department of Transportation, EC–5988. A communication from the Senior Urban Affairs. transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- EC–5996. A communication from the Sec- a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, retary, Division of Trading and Markets, Se- The Boeing Company Airplanes’’ ((RIN2120– transmitting, pursuant to law, the report of curities and Exchange Commission, trans- AA64) (Docket No. FAA–2007–27223)) received a rule entitled ‘‘Airworthiness Directives; mitting, pursuant to law, the report of a rule during adjournment of the Senate in the Of- Airbus Airplanes’’ ((RIN2120–AA64) (Docket entitled ‘‘Further Definition of ‘Swap Deal- fice of the President of the Senate on April No. FAA–2011–1060)) received during adjourn- er,’ ‘Security-Based Swap Dealer,’ ‘Major 30, 2012; to the Committee on Commerce, ment of the Senate in the Office of the Presi- Swap Participant,’ ‘Major Security-Based Science, and Transportation. dent of the Senate on April 30, 2012; to the Swap Participant’ and ‘Eligible Contract EC–5981. A communication from the Senior Committee on Commerce, Science, and Participant’ ’’ (RIN3235–AK65) received dur- Program Analyst, Federal Aviation Adminis- Transportation. ing adjournment of the Senate in the Office tration, Department of Transportation, EC–5989. A communication from the Senior of the President of the Senate on April 27, transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- 2012; to the Committee on Banking, Housing, a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, and Urban Affairs. Airbus Airplanes’’ ((RIN2120–AA64) (Docket transmitting, pursuant to law, the report of EC–5997. A communication from the Dep- No. FAA–2012–1324)) received during adjourn- a rule entitled ‘‘Airworthiness Directives; uty Director, Office of Surface Mining, De- ment of the Senate in the Office of the Presi- The Boeing Company Airplanes’’ ((RIN2120– partment of the Interior, transmitting, pur- dent of the Senate on April 30, 2012; to the AA64) (Docket No. FAA–2010–0858)) received suant to law, the report of a rule entitled Committee on Commerce, Science, and during adjournment of the Senate in the Of- ‘‘Pennsylvania Regulatory Program’’ (Dock- Transportation. fice of the President of the Senate on April et No. PA–155–FOR) received during adjourn- EC–5982. A communication from the Senior 30, 2012; to the Committee on Commerce, ment of the Senate in the Office of the Presi- Program Analyst, Federal Aviation Adminis- Science, and Transportation. dent of the Senate on April 27, 2012; to the

VerDate Mar 15 2010 03:32 May 09, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.015 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2964 CONGRESSIONAL RECORD — SENATE May 8, 2012 Committee on Energy and Natural Re- Whereas, The units of the 110th Airlift Commission, the Battle Creek Air National sources. Wing of the Air National Guard have had a Guard Base lost 161 jobs and a squadron of A– EC–5998. A communication from the Direc- history in Battle Creek, Michigan, since 1947; 10 Thunderbolt II aircraft was reassigned to tor, Office of Surface Mining, Department of and Selfridge Air National Guard Base. The the Interior, transmitting, pursuant to law, Whereas, The 110th Airlift Wing is a tre- BRAC Commission also considered the clo- the report of a rule entitled ‘‘Iowa Regu- mendous source of civic pride in the greater sure of the Hart-Dole-Inouye Federal Center latory Program’’ (Docket No. IA–016–FOR) Battle Creek area, as it has been one of the in Battle Creek, which houses integral ele- received during adjournment of the Senate most decorated Air National Guard units in ments of the Defense Logistics Agency of the in the Office of the President of the Senate the nation, receiving the Air Force Out- United States Department of Defense; and on April 27, 2012; to the Committee on En- standing Unit Award in 1992, 1998, 2000, 2004, Whereas, The loss of employment positions ergy and Natural Resources. and 2011, an honor bestowed on fewer than 10 with the 110th Airlift Wing at the Battle EC–5999. A communication from the Direc- percent of Air Force units annually; and Creek Air National Guard Base would have a tor, Office of Surface Mining, Department of Whereas, The citizens of Battle Creek significant impact on the local economy; and the Interior, transmitting, pursuant to law, have, over the years, committed unmatched Whereas, Any negative impacts on the Bat- the report of a rule entitled ‘‘Oklahoma Reg- support for the Air National Guard in Battle tle Creek Air National Guard Base would ulatory Program’’ (Docket No. OK–033–FOR) Creek, including in 1984 by a 4 to 1 majority also have other serious consequences, includ- received during adjournment of the Senate when voters pledged to extend the runway ing potential ramifications for other organi- in the Office of the President of the Senate from 7,003 to 10,003 feet to meet the needs of zations that utilize W.K. Kellogg Airport, in- on April 27, 2012; to the Committee on En- the Air National Guard, in 2006 when the cluding the Western Michigan University ergy and Natural Resources. city’s economic development authority pur- College of Aviation; and EC–6000. A communication from the Assist- chased 74 acres of residentially zoned, vacant Whereas, The Michigan House of Rep- ant Secretary of the Army (Civil Works), property to preclude encroachment, and resentatives has already urged the United transmitting, pursuant to law, a report rel- when Battle Creek proactively contributed States Department of Defense to deliver no ative to the authorization of the Minnesota resources and sought matching funds for the fewer than four C–27J aircraft to the 110th River, Marsh Lake Ecosystem Restoration construction of a new air traffic control Airlift Wing of the Air National Guard in project; to the Committee on Environment tower to address line of sight issues and con- Battle Creek; and and Public Works. struct a parallel runway to enhance safety; Whereas, Any negative impact on the 110th EC–6001. A communication from the Senior and Airlift Wing of the Air National Guard at the Counsel for Regulatory Affairs, Depart- Whereas, The defense industry, including Battle Creek Air National Guard Base will mental Offices, Department of the Treasury, the Battle Creek Air National Guard Base, have immeasurable consequences for the city transmitting, pursuant to law, the report of the Hart-Dole-Inouye Federal Center, and of Battle Creek and the state of Michigan, a rule entitled ‘‘Application, Review, and Re- the Fort Custer Army National Guard Base, both in terms of economic ramifications, as porting Process for Waivers for State Inno- is integral to the local community, and its well as in terms of community pride and dis- vation’’ (RIN1505–AC30) received in the Office components are vital, both as symbols of aster readiness: Now, therefore, be it of the President of the Senate on April 18, civic pride and as cornerstones of the local Resolved by the House of Representatives, 2012; to the Committee on Finance. economy; and That we urge the Congress of the United EC–6002. A communication from the Assist- Whereas, The defense industry is vital to States to reconsider the recommendations of ant Secretary, Legislative Affairs, Depart- the economy of the city of Battle Creek, the 2012 United States Air Force Structure ment of State, transmitting, pursuant to with approximately 3,000 local jobs tied to Change Report and to deliver no fewer than law, a report relative to the status of the defense; and four C–27J aircraft to the 110th Airlift Wing Government of Cuba’s compliance with the Whereas, The Battle Creek Air National of the Air National Guard as previously com- United States-Cuba September 1994 ‘‘Joint Guard Base contributes $22.2 million in total mitted or, in the event that such aircraft are Communique’’ and on the treatment of per- wages and salaries and a total of $26 million not currently available, to deliver an MQ–1/ sons returned to Cuba in accordance with the in gross regional product to Calhoun County; 9 RSO element to the Battle Creek Air Na- United States-Cuba May 1995 ‘‘Joint State- and tional Guard Base until such time as no ment’’; to the Committee on Foreign Rela- Whereas. More than $22 million in taxpayer fewer than four C–27J aircraft become avail- tions. funding has been invested in the Battle EC–6003. A communication from the Acting able, and be it further Creek Air National Guard Base from 2001 to Resolved, That copies of this resolution be Executive Secretary, U.S. Agency for Inter- 2011, $16.7 million of which represents the national Development (USAID), a report rel- transmitted to the President of the United federal share and $5.2 million of which was States, United States Secretary of Defense, ative to a vacancy in the position of Assist- invested by the state of Michigan. The 110th ant Administrator, Bureau for Africa, U.S. the President of the United States Senate, Airlift Wing has been the recipient of $477 the Speaker of the United States House of Agency for International Development million in operational funding from 2001 to (USAID), received during adjournment of the Representatives, and the members of the 2011, including military construction, per- Michigan congressional delegation. Senate in the Office of the President of the sonnel, and operations and maintenance; and Senate on April 27, 2012; to the Committee on Whereas, The existing infrastructure and Foreign Relations. POM–88. A memorial adopted by the Legis- trained personnel at the Battle Creek Air lature of the State of Florida urging Con- f National Guard base are ideally suited to gress to repeal the Sarbanes-Oxley Act of support the C–27J, and the Battle Creek Air PETITIONS AND MEMORIALS 2002; to the Committee on Banking, Housing, National Guard base is second to no other lo- and Urban Affairs. The following petitions and memo- cation in the nation for C–27J mission sup- SENATE MEMORIAL NO. 1822 rials were laid before the Senate and port; and were referred or ordered to lie on the Whereas, C–27J aircraft based in Southwest Whereas, the Sarbanes-Oxley Act was enacted on July 30, 2002, in Pub. L. No. 107–204, table as indicated: Michigan, due to its central location, will provide superior response capabilities in and POM–87. A resolution adopted by the House FEMA Region 5 and the region served by the Whereas, the stated purpose of the act is of Representatives of the State of Michigan 51st Civil Support Team; and ‘‘to protect investors by improving the accu- urging Congress to reconsider the rec- Whereas, Locating an MQ–1/9 RSO element racy and reliability of corporate disclosures ommendations of the 2012 United States Air at the Battle Creek Air National Guard Base made pursuant to the securities laws . . . ,’’ Force Structure Change Report and to de- instead of the previously committed C–27J and liver no fewer than four C–27J aircraft to the aircraft would result in a loss of approxi- Whereas, this federal legislation was 110th Airlift Wing of the Air National Guard mately 70 jobs with the 110th Airlift Wing; passed with the best of corrective intentions as previously committed; to the Committee and after the discovery of corporate fraud and ac- on Armed Services. Whereas, Delivering neither the four C–27J counting scandals that cost investors and re- HOUSE RESOLUTION NO. 215 aircraft or an MQ–I/9 RSO element to the tirees billions of dollars, and Whereas, The Michigan Air National Battle Creek Air National Guard Base would Whereas, the Sarbanes-Oxley Act, in spite Guard, being the air force militia of the result in significant harm to the economy of of the good intentions that motivated its state, has a long and proud history with the the city of Battle Creek, as well as jeopard- passage, has created an extremely complex state of Michigan and the city of Battle izing the significant investments made by maze of federal regulations that are costly Creek; and die citizens of Michigan and the United and damaging to public companies and di- Whereas, The Battle Creek Air National States by making the Battle Creek Air Na- minish the companies’ ability to compete Guard Base is currently home to the 110th tional Guard Base vulnerable to future Base against foreign financial entities that are Airlift Wing of the Air National Guard, Closure and Realignment Commission not subject to its regulations, and which currently hosts a flying mission of C– (BRAC) recommendations; and Whereas, the costs that businesses must 21 passenger aircraft, and the 110th Air Oper- Whereas, The Battle Creek Air National bear to comply with the extensive provisions ations Group, which provides critical support Guard Base has already been targeted for of the Sarbanes-Oxley Act are unnecessary to the 17th Air Force, or United States Air closure by the BRAC Commission. In 2005, as and crippling, disproportionately affecting Forces Africa; and a result of recommendations by the BRAC smaller businesses, and

VerDate Mar 15 2010 04:35 May 09, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.017 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2965 Whereas, financial market scholars have States, to the President of the United States By Mr. PRYOR: observed that the Sarbanes-Oxley Act has Senate, to the Speaker of the United States S. 2855. A bill to extend the temporary sus- produced the unfortunate consequence of dis- House of Representatives, and to each mem- pension of duty on Bifenazate; to the Com- couraging American businesses from listing ber of the Florida delegation to the United mittee on Finance. with New York stock exchanges and listing States Congress. By Mr. PRYOR: S. 2856. A bill to extend the temporary sus- instead in England where the markets and f stock exchanges are less heavily regulated, pension of duty on Butralin; to the Com- and INTRODUCTION OF BILLS AND mittee on Finance. Whereas, the Sarbanes-Oxley Act is a very JOINT RESOLUTIONS By Mr. PRYOR: costly example of Federal Government intru- S. 2857. A bill to extend the temporary sus- The following bills and joint resolu- ′ sion that imposes unnecessary regulatory pension of duty on Paraquat dichloride (1,1 - tions were introduced, read the first ′ costs on American businesses and interferes dimethyl-4,4 -bipyridinium dichloride); to with basic free market principles, and and second times by unanimous con- the Committee on Finance. Whereas, instead of preventing fraud and sent, and referred as indicated: By Mr. PRYOR: ensuring transparency, the extensive regula- By Mr. COONS: S. 2858. A bill to suspend temporarily the tions created by the Sarbanes-Oxley Act S. 2839. A bill to extend the temporary sus- duty on paraquat dichloride and inerts; to the Committee on Finance. have thwarted the creation of new public pension of duty on 2-amino-4-methoxy-6- By Mr. PRYOR: companies, driven business away from do- methyl-1,3,5-triazine; to the Committee on Finance. S. 2859. A bill to extend the temporary sus- mestic stock markets, and cost the indus- pension of duty on Pentaerythritol trial sector billions of dollars: Now there- By Mr. COONS: S. 2840. A bill to extend the temporary sus- tetrakis[3-(dodecylthio)propionate] (CAS No. fore, be it 29598–76–3); to the Committee on Finance. Resolved, by the Legislature of the State of pension of duty on 2-methyl-4-methoxy-6- By Mr. PRYOR: Florida, That the Congress of the United methylamino-1,3,5-triazine; to the Com- mittee on Finance. S. 2860. A bill to suspend temporarily the States is urged to repeal the Sarbanes-Oxley duty on 4,4′-methylene bis(2-chloroaniline); Act of 2002 to remove the damaging obstacles By Mr. SCHUMER: S. 2841. A bill to suspend temporarily the to the Committee on Finance. that the act has created for American public By Mr. PRYOR: companies and replace it with reasonable duty on certain PCBTF with antioxidant; to the Committee on Finance. S. 2861. A bill to suspend temporarily the non-intrusive measures to protect investors; ′ By Mr. SCHUMER: duty on 2,2 -(2-methylpropylidene) bis(4,6- and be it further dimethylphenol); to the Committee on Fi- Resolved, That copies of this memorial be S. 2842. A bill to suspend temporarily the duty on certain PCBTF with acid acceptor; nance. dispatched to the President of the United to the Committee on Finance. By Mr. PRYOR: States, to the President of the United States By Mr. SCHUMER: S. 2862. A bill to suspend temporarily the Senate, to the Speaker of the United States S. 2843. A bill to suspend temporarily the duty on Daminozide; to the Committee on House of Representatives, and to each mem- duty on certain PCBTF; to the Committee Finance. ber of the Florida delegation to the United on Finance. By Mr. PRYOR: States Congress. By Mr. SCHUMER: S. 2863. A bill to suspend temporarily the S. 2844. A bill to suspend temporarily the duty on 4,4′-butylidenebis[3-methyl 6 tert POM–89. A memorial adopted by the Legis- duty on certain PCBTF with corrosion inhib- butylphenol]; to the Committee on Finance. lature of the State of Florida urging Con- itor; to the Committee on Finance. By Mr. PRYOR: gress to pass H.R. 2918, the Taiwan Policy By Mr. SCHUMER: S. 2864. A bill to suspend temporarily the Act of 2011; to the Committee on Foreign Re- S. 2845. A bill to suspend temporarily the duty on 2,2′-methylenebis[4 methyl 6 tert lations. duty on metal screw type bases designed for butylphenol]; to the Committee on Finance. SENATE MEMORIAL NO. 1486 high intensity discharge (HID) lamps; to the By Mr. PRYOR: Whereas, H.R. 2918, the Taiwan Policy Act Committee on Finance. S. 2865. A bill to suspend temporarily the of 2011, was introduced on September 14, 2011, By Mr. SCHUMER: duty on bis(2,3-dibromopropyl ether) of and is currently pending before the 112th S. 2846. A bill to suspend temporarily the Tetrabromobisphenol A; to the Committee Congress, and duty on preformed iodide pellets or powder on Finance. Whereas, H.R. 2918 seeks to encourage and composed of iodides of dysprosium, thallium By Mr. PRYOR: strengthen the commercial, cultural, and sodium, holmium, thulium and calcium; to S. 2866. A bill to suspend temporarily the ′ other interests between the people of the the Committee on Finance. duty on 4,4 -thiobis[2-(1,1-di-methylethyl)-5- methyl-phenol]; to the Committee on Fi- United States and Taiwan, as set forth in the By Mr. SCHUMER: nance. Taiwan Relations Act which was enacted in S. 2847. A bill to suspend temporarily the By Mr. PRYOR: 1979 (Public Law 96–8; 22 U.S.C. ss. 3301 et duty on polycrystalline alumina tubes and shaped bodies designed for high intensity dis- S. 2867. A bill to suspend temporarily the seq.) and which has served for 33 years as the duty on 2,5-bis(1,1-dimethylpropyl)-1,4-benz- foundation of United States-Taiwan rela- charge (HID) lamps; to the Committee on Fi- nance. enediol; to the Committee on Finance. tions, and By Mr. PRYOR: Whereas, we are reminded that the Taiwan By Mr. SCHUMER: S. 2848. A bill to suspend temporarily the S. 2868. A bill to extend the temporary sus- Relations Act has functioned to ensure peace duty on cermets for ceramic discharge pension of duty on Phosphoric acid, tris(2- and stability in the Western Pacific and that lamps; to the Committee on Finance. ethylhexyl) ester; to the Committee on Fi- it continues to be a priority of the United By Mr. SCHUMER: nance. States to maintain that international sta- S. 2849. A bill to suspend temporarily the By Mr. PRYOR: bility, and duty on frit rings composed of dysprosium S. 2869. A bill to extend the temporary sus- Whereas, this nation must be vigilant to oxide, dysprosium monosilicate, and mullite; pension of duty on N,NN-Hexane-1,6- encourage the secure future of Taiwan and to the Committee on Finance. diylbis(3-(3,5-di-tert-butyl-4- must do all that is within our ability to en- By Mr. SCHUMER: hydroxyphenylpropionamide)) (CAS No. courage the military self-defense capabilities S. 2850. A bill to suspend temporarily the 23128–74–7); to the Committee on Finance. of Taiwan, and duty on ceramic bases designed for high in- By Mr. PRYOR: Whereas, economically, Taiwan is the tensity discharge (HID) lamps, with metal S. 2870. A bill to extend the temporary sus- ninth largest trading partner with the locking pins to allow passage of an electrical pension of duty on 2-(4-Tert- United States and that trade translated into current; to the Committee on Finance. butylphenoxy)cyclohexylprop-2-ynyl sulfite approximately $57 billion in 2010, and By Mr. SCHUMER: (Propargite) (CAS No. 2312–35–8); to the Com- Whereas, both nations realize that it is in S. 2851. A bill to suspend temporarily the mittee on Finance. the best economic interests of the United duty on polycrystalline alumina discharge By Mr. PRYOR: States and in the national security interests tubes prefilled with metal halide salts and S. 2871. A bill to extend the temporary sus- of Taiwan that these two nations continue to designated for high intensity discharge (HID) pension of duty on etridiazole; to the Com- cultivate the intricate ties between them: lamps; to the Committee on Finance. mittee on Finance. Now therefore, be it By Mr. SCHUMER: By Mr. BAUCUS: Resolved by the Legislature of the State of S. 2852. A bill to suspend temporarily the S. 2872. A bill to sextend the temporary re- Florida, That the Congress of the United duty on certain PCBTF with antistatic; to duction of duty on certain golf bag bodies; to States is urged to pass H.R. 2918, the ‘‘Tai- the Committee on Finance. the Committee on Finance. wan Policy Act of 2011,’’ in recognition that By Mr. PRYOR: By Mr. BAUCUS: the passage of the act is a necessary step to- S. 2853. A bill to extend the temporary sus- S. 2873. A bill to suspend temporarily the ward nurturing and maintaining the diverse pension of duty on Ipconazole; to the Com- duty on 3-trifluoromethyl-4-nitrophenol; to interests that bind the people of the United mittee on Finance. the Committee on Finance. States and the people of Taiwan; and be it By Mr. PRYOR: By Mr. BAUCUS: further S. 2854. A bill to extend the temporary sus- S. 2874. A bill to suspend temporarily the Resolved, That copies of this memorial be pension of duty on triacetonamine; to the duty on fabrics of man-made fibers con- dispatched to the President of the United Committee on Finance. sisting of one or two layers of expanded poly-

VerDate Mar 15 2010 04:35 May 09, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.019 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2966 CONGRESSIONAL RECORD — SENATE May 8, 2012 tetrafluoroethylene sheeting layered be- By Mr. MENENDEZ: tain refinanced mortgage loans, and for tween an outer knit fabric wholly of nylon S. 2890. A bill to extend the temporary sus- other purposes; to the Committee on Bank- and another outer woven fabric containing pension of duty on pepperoncini, prepared or ing, Housing, and Urban Affairs. by weight 65 percent or more of micro fiber preserved otherwise than by vinegar or ace- By Mr. LEVIN: polyester; to the Committee on Finance. tic acid, not frozen; to the Committee on Fi- S. 2910. A bill to suspend temporarily the By Mr. BAUCUS: nance. duty on certain fuel injection pumps; to the S. 2875. A bill to suspend temporarily the By Mr. MENENDEZ: Committee on Finance. duty on diaper pads with an outer layer of S. 2891. A bill to extend temporary reduc- By Mr. LEVIN: water-resistant laminated knitted fabric of tion of duty on pepperoncini, prepared or S. 2911. A bill to suspend temporarily the polyester and with other fabric layers of ei- preserved by vinegar; to the Committee on duty on certain pistons for marine propul- ther blends of hemp and cotton or polyester Finance. sion engines; to the Committee on Finance. microfleece; to the Committee on Finance. By Mr. MENENDEZ: By Mr. LEVIN: By Mr. BAUCUS: S. 2892. A bill to extend the temporary sus- S. 2912. A bill to suspend temporarily the S. 2876. A bill to suspend temporarily the pension of duty on capers, prepared or pre- duty on certain fuel injectors; to the Com- duty on diaper pads with an outer layer of served by vinegar or acetic acid, in imme- mittee on Finance. water-resistant laminated knitted fabric of diate containers holding more than 3.4 kg; to By Mr. LEVIN: polyester and with a layer or layers of cer- the Committee on Finance. S. 2913. A bill to suspend temporarily the tified organic cotton; to the Committee on By Mr. MENENDEZ: duty on certain plain shaft sputter bearings; S. 2893. A bill to provide for the reliquida- Finance. to the Committee on Finance. tion of certain entries of top-of-the-stove By Mr. BAUCUS: By Mr. LEVIN: stainless steel cooking ware from the Repub- S. 2877. A bill to suspend temporarily the S. 2914. A bill to suspend temporarily the lic of Korea between January 1, 1999 and Jan- duty on diaper pads with an outer layer of duty on certain forged steel crankshafts; to uary 22, 2003, and for other purposes; to the water-resistant laminated knitted fabric of the Committee on Finance. Committee on Finance. polyester with an inner layer or layers of By Mr. LEVIN: By Mr. MENENDEZ: certified organic cotton; to the Committee S. 2915. A bill to suspend temporarily the on Finance. S. 2894. A bill to suspend temporarily the duty on butane, 1-chloro; to the Committee duty on certain cast-iron engine crankcases By Mr. BAUCUS: for marine propulsion engines; to the Com- S. 2878. A bill to suspend temporarily the on Finance. By Mr. MENENDEZ: mittee on Finance. duty on diaper shells each having a water-re- By Mr. MENENDEZ: sistant outer layer of laminated knitted fab- S. 2895. A bill to suspend temporarily the duty on 1,3,5-triazine, 2,4,6-tris(2- S. 2916. A bill to extend the temporary sus- ric of polyester and a lining of mesh fabric pension of duty on methyl salicylate; to the wholly of polyester; to the Committee on Fi- propenyloxyl)-; to the Committee on Fi- nance. Committee on Finance. nance. By Mr. MENENDEZ: By Mr. BAUCUS: By Mr. MENENDEZ: S. 2896. A bill to suspend temporarily the S. 2917. A bill to extend the temporary sus- S. 2879. A bill to renew the temporary suspension of duty on Propiconazole; to the pension of duty on vulcanized rubber felt- duty on hexane, 1,6-dichloro-; to the Com- mittee on Finance. Committee on Finance. bottom boots for actual use in fishing wad- By Mr. MENENDEZ: ers; to the Committee on Finance. By Mr. MENENDEZ: S. 2897. A bill to provide for the reliquida- S. 2918. A bill to extend the temporary sus- By Mr. BAUCUS: pension of duty on mixtures of Imazalil and S. 2880. A bill to extend the temporary sus- tion of certain entries of orange juice from application adjuvants; to the Committee on pension of duty on vulcanized rubber lug bot- Brazil, and for other purposes; to the Com- Finance. tom boots for actual use in fishing waders; to mittee on Finance. By Mr. MENENDEZ: the Committee on Finance. By Mr. MENENDEZ: S. 2898. A bill to suspend temporarily the S. 2919. A bill to renew the temporary sus- By Mr. BAUCUS: pension of duty on 2-(2’-hydroxy-5’- S. 2881. A bill to suspend temporarily the duty on cyasorb 2908; to the Committee on methacrylyloxyethylphenyl)-2 duty on certain glass snow globes; to the Finance. Hbenzotriazole; to the Committee on Fi- Committee on Finance. By Mr. MENENDEZ: S. 2899. A bill to suspend temporarily the nance. By Mr. BAUCUS: S. 2882. A bill to suspend temporarily the duty on HAS; to the Committee on Finance. By Mr. MENENDEZ: duty on certain acrylic snow globes; to the By Mr. MENENDEZ: S. 2920. A bill to renew the temporary sus- S. 2900. A bill to suspend temporarily the Committee on Finance. pension of duty on Tralopyril; to the Com- duty on bis-phenol; to the Committee on Fi- By Mr. BAUCUS: mittee on Finance. nance. S. 2883. A bill to renew the temporary By Mr. MENENDEZ: By Mr. MENENDEZ: suspsension of duty on certain footwear con- S. 2921. A bill to suspend temporarily the S. 2901. A bill to suspend temporarily the duty on Canagliflozin; to the Committee on sisting of an outer sole affixed to an incom- duty on cyasorb 3346; to the Committee on plete or unfinished upper; to the Committee Finance. Finance. By Mr. MENENDEZ: on Finance. By Mr. MENENDEZ: By Ms. STABENOW (for herself, Mr. S. 2922. A bill to suspend temporarily the S. 2902. A bill to suspend temporarily the duty on Imazalil in bulk active form as the WHITEHOUSE, and Mr. BROWN of Ohio): duty on cyasorb 1164; to the Committee on active ingredient in fungicides for citrus S. 2884. A bill to provide an incentive for Finance. businesses to bring jobs back to America; to fruit; to the Committee on Finance. By Mr. MENENDEZ: By Mr. MENENDEZ: the Committee on Finance. S. 2903. A bill to suspend temporarily the By Mr. LIEBERMAN (for himself, Mrs. S. 2923. A bill to suspend temporarily the duty on 2-ethylhexyl salicylate; to the Com- duty on mixtures of Propiconazole and 3- HUTCHISON, Mr. CORNYN, Mr. PRYOR, mittee on Finance. and Mr. BOOZMAN): iodo-propynol butylcarbamate and applica- By Mr. MENENDEZ: tion adjuvants; to the Committee on Fi- S. 2885. A bill to amend title 10, United S. 2904. A bill to extend the temporary sus- nance. States Code, to provide for the award of the pension of duty on 2-phenylbenzimidazole-5- By Mr. MENENDEZ: Purple Heart to members of the Armed sulfonic acid; to the Committee on Finance. S. 2924. A bill to renew the temporary sus- Forces who are killed or wounded in a ter- By Mr. CONRAD: rorist attack perpetrated within the United S. 2905. A bill to reduce temporarily the pension of duty on Pyrimethanil; to the States; to the Committee on Armed Services. duty on mixtures of Paraquat technical and Committee on Finance. By Mr. MENENDEZ: Emetic PP796; to the Committee on Finance. By Mr. MENENDEZ: S. 2886. A bill to suspend temporarily the By Mr. CONRAD: S. 2925. A bill to suspend temporarily the duty on 3-amino-1,2-propanediol; to the Com- S. 2906. A bill to extend and modify the duty on polymer, caprolactone-diethylene mittee on Finance. temporary suspension of duty on glycol; to the Committee on Finance. By Mr. MENENDEZ: Propiconazole; to the Committee on Fi- By Mr. MENENDEZ: S. 2887. A bill to reduce temporarily the nance. S. 2926. A bill to suspend temporarily the duty on Trilon MGDA; to the Committee on By Mr. CONRAD: duty on carbonic acid, dimethyl ester, poly- Finance. S. 2907. A bill to extend and modify the mer with 1,6-hexanediol; to the Committee By Mr. MENENDEZ: temporary suspension of duty on on Finance. S. 2888. A bill to reduce temporarily the difenoconazole; to the Committee on Fi- By Mr. MENENDEZ: duty on Tinopal; to the Committee on Fi- nance. S. 2927. A bill to extend the temporary sus- nance. By Mr. CONRAD: pension of duty on E- By Mr. MENENDEZ: S. 2908. A bill to extend the temporary sus- caprolactoneneopentylglycol copolymer; to S. 2889. A bill to extend the temporary suspension of duty on cyprodinil; to the Com- the Committee on Finance. pension of duty on capers, prepared or pre- mittee on Finance. By Mr. MENENDEZ: served by vinegar or acetic acid, in con- By Mr. MERKLEY: S. 2928. A bill to suspend temporarily the tainers holding 3.4 kg or less; to the Com- S. 2909. A bill to require closing costs to be duty on helvetolide; to the Committee on Fi- mittee on Finance. paid by the enterprises with respect to cer- nance.

VerDate Mar 15 2010 03:32 May 09, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.022 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2967 By Mr. MENENDEZ: By Mr. MENENDEZ: By Mr. MENENDEZ: S. 2929. A bill to suspend temporarily the S. 2949. A bill to provide for the liquidation S. 2969. A bill to suspend temporarily the duty on hirvenal; to the Committee on Fi- or reliquidation of certain entries of digital duty on Hydrolite 6; to the Committee on Fi- nance. still image video cameras; to the Committee nance. By Mr. MENENDEZ: on Finance. By Mr. MENENDEZ: S. 2930. A bill to extend the temporary sus- By Ms. KLOBUCHAR: S. 2970. A bill to suspend temporarily the pension of duty on dodecahydro- S. 2950. A bill to extend the temporary sus- duty on Menthol-D; to the Committee on Fi- 3a,6,6,9atetramethylnaphtho(2,1-b)furan; to pension of duty on Methidathion; to the nance. the Committee on Finance. Committee on Finance. By Mr. MENENDEZ: By Mr. MENENDEZ: By Ms. KLOBUCHAR: S. 2971. A bill to extend the temporary sus- S. 2931. A bill to suspend temporarily the S. 2951. A bill to extend the temporary suspension of duty on neo heliopan hydro; to the duty on damascenone; to the Committee on pension of duty on Paclobutrazol; to the Committee on Finance. Finance. Committee on Finance. By Mr. MENENDEZ: By Mr. MENENDEZ: By Ms. KLOBUCHAR: S. 2972. A bill to extend the temporary sus- S. 2932. A bill to suspend temporarily the S. 2952. A bill to suspend temporarily the pension of duty on Allyl Cyclo Hexyl Propio- duty on Muscenone Delta; to the Committee duty on certain power converter panels spe- nate; to the Committee on Finance. on Finance. cifically designed for wind turbine genera- By Mr. MENENDEZ: By Mr. MENENDEZ: tors; to the Committee on Finance. S. 2973. A bill to suspend temporarily the S. 2933. A bill to suspend temporarily the By Ms. KLOBUCHAR: duty on Allyl Caproate; to the Committee on duty on N510; to the Committee on Finance. S. 2953. A bill to suspend temporarily the Finance. By Mr. MENENDEZ: duty on certain bamboo kitchen devices; to By Mr. MENENDEZ: S. 2934. A bill to renew the temporary sus- the Committee on Finance. S. 2974. A bill to suspend temporarily the pension of duty on certain viscose rayon By Ms. KLOBUCHAR: duty on 3-Methylylbenzyl Chloride; to the yarn; to the Committee on Finance. S. 2954. A bill to suspend temporarily the Committee on Finance. By Mr. MENENDEZ: duty on certain bamboo baskets; to the Com- By Mr. MENENDEZ: S. 2975. A bill to extend the temporary sus- S. 2935. A bill to renew the temporary sus- mittee on Finance. pension of duty on methyl cinnamate; to the pension of duty on certain twisted yarn of By Ms. KLOBUCHAR: Committee on Finance. viscose rayon; to the Committee on Finance. S. 2955. A bill to extend the temporary sus- By Mr. MENENDEZ: By Mr. MENENDEZ: pension of duty on mixtures of cyhalothrin S. 2936. A bill to provide for the reliquida- S. 2976. A bill to suspend temporarily the (cyclopropanecarboxylic acid, 3-(2-chloro- tion of certain entries of industrial nitro- duty on Ethyl Salicilate; to the Committee 3,3,3-trifluoro-1-propenyl)-2,2-dimethyl-, cellulose from the United Kingdom; to the on Finance. cyano(3-phenoxyphenyl)methyl ester, Committee on Finance. By Mr. MENENDEZ: [1a(S*), 3a(z)]-(+-)-); to the Committee on Fi- By Mr. MENENDEZ: S. 2977. A bill to extend the temporary sus- nance. S. 2937. A bill to suspend temporarily the pension of duty on 1,1,2-2-tetrafluoroethene, By Ms. KLOBUCHAR: rate of duty on extract of licorice; to the oxidized, polymerized; to the Committee on S. 2956. A bill to suspend temporarily the Committee on Finance. Finance. duty on certain plastic children’s wallets; to By Mr. MENENDEZ: By Mr. MENENDEZ: S. 2938. A bill to suspend temporarily the the Committee on Finance. S. 2978. A bill to extend the temporary sus- rate of duty on certain licorice extract de- By Ms. KLOBUCHAR: pension of duty on 9, 10-Anthracenedione, 2- S. 2957. A bill to suspend temporarily the rivatives; to the Committee on Finance. (1,1-dimethylpropyl)- (CAS No. 32588–54–8) duty on certain coupon holders; to the Com- By Mr. MENENDEZ: and 9,10-anthracenedione, 2-(1,2- S. 2939. A bill to extend the temporary sus- mittee on Finance. dimethylpropyl)-; to the Committee on Fi- pension of duty on e-caprolactone-2-ethyl-2- By Ms. KLOBUCHAR: nance. (hydroxymethyl)-1,3-propanediol polymer; to S. 2958. A bill to suspend temporarily the By Mr. MENENDEZ: the Committee on Finance. duty on certain electric wine bottle openers; S. 2979. A bill to suspend temporarily the By Mr. MENENDEZ: to the Committee on Finance. duty on 1,2-propanediol, 3-(diethylamino)-, S. 2940. A bill to suspend temporarily the By Ms. KLOBUCHAR: polymers with 5-isocyanato-1- duty on poly(2,2’-bis(4- S. 2959. A bill to suspend temporarily the (isocyanatomethyl)-1,3,3- cyanatophenyl)propane); to the Committee duty on certain inflatable swimming pools; trimethylcyclohexane, propylene glycol and on Finance. to the Committee on Finance. reduced methyl esters of reduced polym- By Mr. MENENDEZ: By Ms. KLOBUCHAR: erized oxidized tetrafluoroethylene, 2-ethyl- S. 2941. A bill to suspend temporarily the S. 2960. A bill to suspend temporarily the 1-hexanol-blocked, acetates (salts); to the duty on neon, compressed; to the Committee duty on Profenofos; to the Committee on Fi- Committee on Finance. on Finance. nance. By Mr. MENENDEZ: By Mr. MENENDEZ: By Ms. KLOBUCHAR: S. 2980. A bill to suspend temporarily the S. 2942. A bill to extend the temporary sus- S. 2961. A bill to suspend temporarily the duty on 4,4’ dichlorodiphenylsulfone; to the pension of duty on cerium sulfide pigments; duty on certain switchgear assemblies and Committee on Finance. to the Committee on Finance. panel boards specifically designed for wind By Mr. MENENDEZ: By Mr. MENENDEZ: turbine generators; to the Committee on Fi- S. 2981. A bill to suspend temporarily the S. 2943. A bill to extend the temporary sus- nance. duty on diphosphoric acid, polymers with pension of duty on lutetium oxide; to the By Mr. MENENDEZ: ethoxylated reduced methyl esters of re- Committee on Finance. S. 2962. A bill to suspend temporarily the duced polymerized oxidized tetrafluoro- By Mr. MENENDEZ: duty on Dragasantol; to the Committee on ethylene; to the Committee on Finance. S. 2944. A bill to extend the temporary sus- Finance. By Mr. MENENDEZ: pension of duty on mixtures of coprecipitates By Mr. MENENDEZ: S. 2982. A bill to suspend temporarily the of yttrium phosphate and cerium phosphate; S. 2963. A bill to suspend temporarily the duty on Neononyl Acetate; to the Committee to the Committee on Finance. duty on Cyclogalbanat; to the Committee on on Finance. By Mr. MENENDEZ: Finance. By Mr. MENENDEZ: S. 2945. A bill to extend the temporary sus- By Mr. MENENDEZ: S. 2983. A bill to suspend temporarily the pension of duty on mixtures of coprecipitates S. 2964. A bill to suspend temporarily the duty on Phenylethyl Isobutyrate; to the of yttrium oxide and europium oxide; to the duty on Citronitile; to the Committee on Fi- Committee on Finance. Committee on Finance. nance. By Mr. MENENDEZ: By Mr. MENENDEZ: By Mr. MENENDEZ: S. 2984. A bill to extend the temporary sus- S. 2946. A bill to provide for the reliquida- S. 2965. A bill to suspend temporarily the pension of duty on trimethyl cyclo hexanol; tion of certain entries of high-density, fiber- duty on Amberwood F; to the Committee on to the Committee on Finance. board-core laminate wall and floor panels, Finance. By Mr. MENENDEZ: and for other purposes; to the Committee on By Mr. MENENDEZ: S. 2985. A bill to extend the temporary sus- Finance. S. 2966. A bill to suspend temporarily the pension of duty on ethene, tetrafluoro, By Mr. MENENDEZ: duty on Allyl Hetoate; to the Committee on oxidized, polymerized reduced, methyl S. 2947. A bill to provide for the reliquida- Finance. esters, reduced, ethoxylated; to the Com- tion of certain entries of polyester fleece By Mr. MENENDEZ: mittee on Finance. sheet sets entered on or after January 29, S. 2967. A bill to extend the temporary sus- By Mr. MENENDEZ: 2009, and on or before October 27, 2009; to the pension of duty on Frescolat MGA; to the S. 2986. A bill to extend the temporary sus- Committee on Finance. Committee on Finance. pension of duty on certain magnesium per- By Mr. MENENDEZ: By Mr. MENENDEZ: oxide; to the Committee on Finance. S. 2948. A bill to extend the temporary re- S. 2968. A bill to extend the temporary sus- By Mr. MENENDEZ: duction of duty on Aspirin; to the Com- pension of duty on Frescolat ML; to the S. 2987. A bill to suspend temporarily the mittee on Finance. Committee on Finance. duty on phosphonic acid, maleic anhydride

VerDate Mar 15 2010 03:32 May 09, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.024 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2968 CONGRESSIONAL RECORD — SENATE May 8, 2012 sodium salt complex; to the Committee on By Mr. MENENDEZ: By Mr. MENENDEZ: Finance. S. 3005. A bill to suspend temporarily the S. 3024. A bill to extend the temporary sus- By Mr. MENENDEZ: duty on ethene,1 chloro-1,2,2-trifluoro; to the pension of duty on Cyfluthrin; to the Com- S. 2988. A bill to suspend temporarily the Committee on Finance. mittee on Finance. duty on tetrakis(hydroxymethyl) By Mr. MENENDEZ: By Mr. MENENDEZ: phosphonium sulfate; to the Committee on S. 3006. A bill to suspend temporarily the S. 3025. A bill to extend and modify the Finance. duty on vinylidine fluoride-trifluoroethylene temporary reduction of duty on B- By Mr. MENENDEZ: copolymer; to the Committee on Finance. Cyfluthrin; to the Committee on Finance. S. 2989. A bill to extend the temporary sus- By Mr. MENENDEZ: By Mr. MENENDEZ: pension of duty on oxiranemethanol, poly- S. 3007. A bill to suspend temporarily the S. 3026. A bill to extend the temporary sus- mers with reduced methyl esters of reduced duty on 1,1,2-2-tetrafluoroethylene, oxidized, pension of duty on Propoxur; to the Com- polymerized oxidized tetrafluoroethylene; to polymerized, reduced; to the Committee on mittee on Finance. the Committee on Finance. Finance. By Mr. LAUTENBERG: By Mr. MENENDEZ: By Mr. MENENDEZ: S. 3027. A bill to extend and modify the S. 2990. A bill to suspend temporarily the S. 3008. A bill to reduce temporarily the temporary reduction of duty on duty on mixtures of N-[2-(2- duty on product mixtures containing monocarboxylic fatty acids derived from oxoimidazolidine-1-yl)ethyl]-2- Clothianidin and Bacillus Firmus; to the palm oil; to the Committee on Finance. methylacrylamide, methacrylic acid, Committee on Finance. By Mr. LAUTENBERG: aminoethyl ethylene urea and hydroquinone; By Mr. MENENDEZ: S. 3028. A bill to extend the temporary sus- to the Committee on Finance. S. 3009. A bill to extend the temporary suspension of duty on D-Mannose; to the Com- By Mr. MENENDEZ: pension of duty on Mesosulfuron-methyl; to mittee on Finance. S. 2991. A bill to extend the temporary sus- the Committee on Finance. By Mr. LAUTENBERG: pension of duty on methoxycarbonyl-termi- By Mr. MENENDEZ: S. 3029. A bill to extend the temporary sus- nated perfluorinated polyoxymethylene- S. 3010. A bill to extend the temporary suspension of duty on ion-exchange resins con- polyoxyethylene; to the Committee on Fi- pension of duty on phosphoric acid, lan- sisting of copolymers of acrylic acid and nance. thanum salt, cerium terbium-doped; to the diethylene glycol divinyl ether; to the Com- By Mr. MENENDEZ: Committee on Finance. mittee on Finance. S. 2992. A bill to extend the temporary sus- By Mr. MENENDEZ: By Mr. LAUTENBERG: pension of duty on 1-propene, 1,1,2,3,3,3- S. 3011. A bill to suspend temporarily the S. 3030. A bill to extend the temporary sus- hexafluoro-, oxidized, polymerized, reduced duty on dimethyl hydrogen phosphite; to the pension of duty on certain ion-exchange res- hydrolyzed; to the Committee on Finance. Committee on Finance. ins; to the Committee on Finance. By Mr. MENENDEZ: By Mr. MENENDEZ: By Mr. LAUTENBERG: S. 2993. A bill to extend the temporary sus- S. 3012. A bill to reduce temporarily the S. 3031. A bill to extend the temporary suspension of duty on 1-propene, 1,1,2,3,3,3- duty on product mixtures containing pension of duty on dimethyl malonate; to hexafluoro-, oxidized, polymerized; to the Fenoxaprop, Pyrasulfotole, Bromoxynil Oc- the Committee on Finance. Committee on Finance. tanoate, Bromoxynil Heptanoate, and f By Mr. MENENDEZ: Mefenpyr; to the Committee on Finance. S. 2994. A bill to extend the temporary sus- By Mr. MENENDEZ: SUBMISSION OF CONCURRENT AND pension of duty on diaminodecane; to the S. 3013. A bill to suspend temporarily the SENATE RESOLUTIONS Committee on Finance. duty on mixtures of phosphonium, By Mr. MENENDEZ: tetrakis(hydroxymethyl)-, chloride, polymer The following concurrent resolutions S. 2995. A bill to extend the temporary sus- with urea, phosphonium, and Senate resolutions were read, and pension of duty on PHBA; to the Committee tetrakis(hydroxymethyl)-, chloride, form- referred (or acted upon), as indicated: on Finance. aldehyde; to the Committee on Finance. By Ms. LANDRIEU (for herself, Mr. By Mr. MENENDEZ: By Mr. MENENDEZ: ALEXANDER, Mr. BURR, Mr. CARPER, S. 2996. A bill to extend the temporary sus- S. 3014. A bill to extend the temporary sus- Mr. COBURN, Mr. DURBIN, Mrs. FEIN- pension of duty on thymol; to the Committee pension of duty on sodium hypophosphite STEIN, Mrs. HUTCHISON, Mr. KIRK, Mr. on Finance. monohydrate; to the Committee on Finance. LIEBERMAN, Ms. MURKOWSKI, and Mr. By Mr. MENENDEZ: By Mr. MENENDEZ: VITTER): S. 2997. A bill to extend the temporary sus- S. 3015. A bill to extend and modify the S. Res. 447. A resolution congratulating the pension of duty on majantol; to the Com- temporary suspension of duty on students, parents, teachers, and administra- mittee on Finance. Clothianidin; to the Committee on Finance. tors of charter schools across the United By Mr. MENENDEZ: By Mr. MENENDEZ: States for ongoing contributions to edu- S. 2998. A bill to extend the temporary sus- S. 3016. A bill to extend and modify the cation, and supporting the ideals and goals pension of duty on hydrolite 5; to the Com- temporary reduction of duty on Triadimefon; of the 13th annual National Charter Schools mittee on Finance. to the Committee on Finance. Week, to be held May 6 through May 12, 2012; By Mr. MENENDEZ: By Mr. MENENDEZ: considered and agreed to. S. 2999. A bill to extend the temporary sus- S. 3017. A bill to extend the temporary sus- By Mr. LEE (for himself, Mr. PAUL, and pension of duty on methyl salicylate; to the pension of duty on Spiromesifen; to the Com- Mr. DEMINT): Committee on Finance. mittee on Finance. S. Con. Res. 44. A concurrent resolution By Mr. MENENDEZ: By Mr. MENENDEZ: setting forth the congressional budget for S. 3000. A bill to extend the temporary sus- S. 3018. A bill to extend the temporary sus- the United States Government for fiscal year pension of duty on allyl isosulfocynate; to pension of duty on 2-chlorobenzyl chloride; 2013 and setting forth the appropriate budg- the Committee on Finance. to the Committee on Finance. etary levels for fiscal years 2014 through 2022; By Mr. MENENDEZ: By Mr. MENENDEZ: placed on the calendar. S. 3001. A bill to extend the temporary sus- S. 3019. A bill to suspend temporarily the pension of duty on Agrumex; to the Com- duty on propoxycarbazone-sodium; to the f mittee on Finance. Committee on Finance. ADDITIONAL COSPONSORS By Mr. MENENDEZ: By Mr. MENENDEZ: S. 3002. A bill to extend the temporary sus- S. 3020. A bill to extend the temporary sus- S. 17 pension of duty on Anisic Aldehyde; to the pension of duty on Permethrin; to the Com- At the request of Mr. HATCH, the Committee on Finance. mittee on Finance. names of the Senator from Texas (Mrs. By Mr. MENENDEZ: By Mr. MENENDEZ: HUTCHISON), the Senator from Idaho S. 3003. A bill to extend the temporary sus- S. 3021. A bill to extend the temporary sus- (Mr. CRAPO) and the Senator from pension of duty on vinylidene chloride-meth- pension of duty on 4-chlorobenzaldehyde; to Maine (Ms. COLLINS) were added as co- yl methacrylate-acrylonitrile copolymer; to the Committee on Finance. the Committee on Finance. By Mr. MENENDEZ: sponsors of S. 17, a bill to repeal the By Mr. MENENDEZ: S. 3022. A bill to reduce temporarily the job-killing tax on medical devices to S. 3004. A bill to extend the temporary sus- duty on product mixtures containing ensure continued access to life-saving pension of duty on propanoic acid, 3-hy- Fenoxaprop, Pyrasulfotole, Bromoxynil Oc- medical devices for patients and main- droxy-2-(hydroxymethyl)-2-,methyl polymers tanoate, Bromoxynil Heptanoate, and tain the standing of United States as with 5-isocyanato-1-(isocyanatomethyl)-1,3,3- Mefenpyr-diethyl; to the Committee on Fi- the world leader in medical device in- trimethylcyclohexane and reduced methyl nance. novation. esters of reduced polymerized, oxidized By Mr. MENENDEZ: tetrafluoroethylene, compounds with S. 3023. A bill to suspend temporarily the S. 362 trimethylamine; to the Committee on Fi- duty on B-Cyfluthrin; to the Committee on At the request of Mr. WHITEHOUSE, nance. Finance. the name of the Senator from Nebraska

VerDate Mar 15 2010 03:33 May 09, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.026 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2969 (Mr. NELSON) was added as a cosponsor (Ms. STABENOW) was added as a cospon- S. 1993 of S. 362, a bill to amend the Public sor of S. 1591, a bill to award a Congres- At the request of Mr. NELSON of Flor- Health Service Act to provide for a sional Gold Medal to Raoul ida, the name of the Senator from Lou- Pancreatic Cancer Initiative, and for Wallenberg, in recognition of his isiana (Ms. LANDRIEU) was added as a other purposes. achievements and heroic actions dur- cosponsor of S. 1993, a bill to post- S. 418 ing the Holocaust. humously award a Congressional Gold At the request of Mr. HARKIN, the S. 1703 Medal to Lena Horne in recognition of name of the Senator from Pennsyl- At the request of Mr. PRYOR, the her achievements and contributions to vania (Mr. TOOMEY) was added as a co- names of the Senator from Arkansas American culture and the civil rights sponsor of S. 418, a bill to award a Con- (Mr. BOOZMAN), the Senator from Illi- movement. gressional Gold Medal to the World nois (Mr. DURBIN) and the Senator from S. 2123 War II members of the Civil Air Patrol. Virginia (Mr. WEBB) were added as co- At the request of Mr. MENENDEZ, the S. 1166 sponsors of S. 1703, a bill to amend the name of the Senator from Minnesota At the request of Mrs. MURRAY, the Department of Energy Organization (Ms. KLOBUCHAR) was added as a co- name of the Senator from Vermont Act to require a Quadrennial Energy sponsor of S. 2123, a bill to amend title (Mr. SANDERS) was added as a cospon- Review, and for other purposes. V of the Social Security Act to extend sor of S. 1166, a bill to amend the Occu- S. 1796 funding for family-to-family health in- pational Safety and Health Act of 1970 At the request of Mr. PRYOR, the formation centers to help families of to expand coverage under the Act, to name of the Senator from Nevada (Mr. children with disabilities or special increase protections for whistle- HELLER) was added as a cosponsor of S. health care needs make informed blowers, to increase penalties for high 1796, a bill to make permanent the In- choices about health care for their gravity violations, to adjust penalties ternal Revenue Service Free File pro- children. for inflation, to provide rights for vic- gram. S. 2165 OXER tims of family members, and for other S. 1863 At the request of Mrs. B , the name of the Senator from New York purposes. At the request of Mr. MENENDEZ, the (Mr. SCHUMER) was added as a cospon- S. 1251 name of the Senator from Colorado sor of S. 2165, a bill to enhance stra- At the request of Mr. CARPER, the (Mr. UDALL) was added as a cosponsor tegic cooperation between the United name of the Senator from New Hamp- of S. 1863, a bill to amend the Internal States and Israel, and for other pur- shire (Ms. AYOTTE) was added as a co- Revenue Code of 1986 to encourage al- poses. sponsor of S. 1251, a bill to amend title ternative energy investments and job XVIII and XIX of the Social Security creation. S. 2205 At the request of Mr. MORAN, the Act to curb waste, fraud, and abuse in S. 1878 names of the Senator from Louisiana the Medicare and Medicaid programs. At the request of Mr. MENENDEZ, the (Mr. VITTER), the Senator from Nevada S. 1270 name of the Senator from Michigan (Mr. HELLER), the Senator from Florida At the request of Mr. WHITEHOUSE, (Ms. STABENOW) was added as a cospon- (Mr. RUBIO) and the Senator from Okla- the name of the Senator from New sor of S. 1878, a bill to assist low-in- homa (Mr. COBURN) were added as co- York (Mrs. GILLIBRAND) was added as a come individuals in obtaining rec- sponsors of S. 2205, a bill to prohibit cosponsor of S. 1270, a bill to prohibit ommended dental care. funding to negotiate a United Nations the export from the United States of S. 1880 Arms Trade Treaty that restricts the certain electronic waste, and for other At the request of Mr. BARRASSO, the Second Amendment rights of United purposes. name of the Senator from Georgia (Mr. States citizens. S. 1299 ISAKSON) was added as a cosponsor of S. S. 2224 At the request of Mr. MORAN, the 1880, a bill to repeal the health care At the request of Mr. CORKER, the names of the Senator from Alaska (Ms. law’s job-killing health insurance tax. name of the Senator from Texas (Mr. MURKOWSKI) and the Senator from Or- S. 1881 CORNYN) was added as a cosponsor of S. egon (Mr. WYDEN) were added as co- At the request of Mr. WHITEHOUSE, 2224, a bill to require the President to sponsors of S. 1299, a bill to require the the name of the Senator from Con- report to Congress on issues related to Secretary of the Treasury to mint necticut (Mr. BLUMENTHAL) was added Syria. coins in commemoration of the centen- as a cosponsor of S. 1881, a bill to es- S. 2233 nial of the establishment of Lions tablish an integrated Federal program At the request of Mr. SCHUMER, the Clubs International. to respond to ongoing and expected im- name of the Senator from New Hamp- S. 1454 pacts of climate variability and change shire (Mrs. SHAHEEN) was added as a co- At the request of Mr. DURBIN, the by protecting, restoring, and con- sponsor of S. 2233, a bill to amend the name of the Senator from Rhode Island serving the natural resources of the Immigration and Nationality Act to (Mr. WHITEHOUSE) was added as a co- United States and to maximize govern- stimulate international tourism to the sponsor of S. 1454, a bill to amend title ment efficiency and reduce costs, in co- United States. XVIII of the Social Security Act to operation with State, local, and tribal S. 2241 provide for extended months of Medi- governments and other entities. At the request of Mrs. MURRAY, the care coverage of immunosuppressive S. 1984 name of the Senator from Montana drugs for kidney transplant patients At the request of Mr. KERRY, the (Mr. TESTER) was added as a cosponsor and other renal dialysis provisions. name of the Senator from New Hamp- of S. 2241, a bill to ensure that veterans S. 1461 shire (Mrs. SHAHEEN) was added as a co- have the information and protections At the request of Mr. NELSON of Flor- sponsor of S. 1984, a bill to establish a they require to make informed deci- ida, the name of the Senator from Lou- commission to develop a national sions regarding use of Post-9/11 Edu- isiana (Mr. VITTER) was added as a co- strategy and recommendations for re- cational Assistance, and for other pur- sponsor of S. 1461, a bill to amend the ducing fatalities resulting from child poses. Federal Food, Drug, and Cosmetic Act abuse and neglect. S. 2280 to clarify the Food and Drug Adminis- S. 1990 At the request of Mr. DURBIN, the tration’s jurisdiction over certain to- At the request of Mr. LIEBERMAN, the name of the Senator from Vermont bacco products, and to protect jobs and name of the Senator from Ohio (Mr. (Mr. SANDERS) was added as a cospon- small businesses involved in the sale, PORTMAN) was added as a cosponsor of sor of S. 2280, a bill to amend the Truth manufacturing and distribution of tra- S. 1990, a bill to require the Transpor- in Lending Act and the Higher Edu- ditional and premium cigars. tation Security Administration to cation Act of 1965 to require certain S. 1591 comply with the Uniformed Services creditors to obtain certifications from At the request of Mrs. GILLIBRAND, Employment and Reemployment institutions of higher education, and the name of the Senator from Michigan Rights Act. for other purposes.

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S. 2288 S. 2554 (1) respond to the needs of communities, At the request of Ms. LANDRIEU, the At the request of Mr. LEAHY, the families, and students in the United States; name of the Senator from Mississippi names of the Senator from Connecticut and (2) promote the principles of quality, ac- (Mr. WICKER) was added as a cosponsor (Mr. BLUMENTHAL) and the Senator countability, choice, and innovation; of S. 2288, a bill to amend title XXVII from Illinois (Mr. DURBIN) were added Whereas, in exchange for flexibility and of the Public Health Service Act to as cosponsors of S. 2554, a bill to amend autonomy, charter schools are held account- preserve consumer and employer access title I of the Omnibus Crime Control able by their sponsors for improving student to licensed independent insurance pro- and Safe Streets Act of 1968 to extend achievement and for the financial and other ducers. the authorization of the Bulletproof operations of the charter schools; Whereas 40 States, the District of Colum- S. 2325 Vest Partnership Grant Program bia, and Guam have passed laws authorizing At the request of Mr. NELSON of Flor- through fiscal year 2017. charter schools; ida, the name of the Senator from New S.J. RES. 19 Whereas, as of the date of approval of this Jersey (Mr. MENENDEZ) was added as a At the request of Mr. HATCH, the resolution, 5,275 charter schools are serving cosponsor of S. 2325, a bill to authorize name of the Senator from Michigan more than 2,000,000 children; further assistance to Israel for the Iron (Ms. STABENOW) was added as a cospon- Whereas in fiscal year 2011 and the 18 pre- Dome anti-missile defense system. sor of S.J. Res. 19, a joint resolution vious fiscal years, Congress has provided a total of more than $3,000,000,000 in financial S. 2342 proposing an amendment to the Con- assistance to the charter school movement At the request of Mr. TESTER, the stitution of the United States author- through grants for planning, startup, imple- name of the Senator from Idaho (Mr. izing Congress to prohibit the physical mentation, dissemination, and facilities; CRAPO) was added as a cosponsor of S. desecration of the flag of the United Whereas numerous charter schools improve 2342, a bill to reform the National Asso- States. the achievements of students and stimulate ciation of Registered Agents and Bro- S.J. RES. 38 improvement in traditional public schools; kers, and for other purposes. At the request of Mr. GRAHAM, the Whereas charter schools are required to meet the student achievement account- S. 2343 name of the Senator from New Hamp- ability requirements under the Elementary At the request of Mr. REID, the name shire (Ms. AYOTTE) was added as a co- and Secondary Education Act of 1965 (20 of the Senator from New Mexico (Mr. sponsor of S.J. Res. 38, a joint resolu- U.S.C. 6301 et seq.) in the same manner as BINGAMAN) was added as a cosponsor of tion disapproving a rule submitted by traditional public schools; S. 2343, a bill to amend the Higher Edu- the Department of Labor relating to Whereas charter schools often set higher cation Act of 1965 to extend the re- the certification of nonimmigrant and additional individual goals than the reduced interest rate for Federal Direct workers in temporary or seasonal non- quirements of the Elementary and Sec- agricultural employment. ondary Education Act of 1965 (20 U.S.C. 6301 Stafford Loans, and for other purposes. et seq.) to ensure that charter schools are of S. 2344 S. RES. 380 high quality and truly accountable to the At the request of Mr. VITTER, the At the request of Mr. GRAHAM, the public; name of the Senator from Montana name of the Senator from Washington Whereas charter schools— (Mr. TESTER) was added as a cosponsor (Ms. CANTWELL) was added as a cospon- (1) give parents the freedom to choose pub- sor of S. Res. 380, a resolution to ex- lic schools; of S. 2344, a bill to extend the National (2) routinely measure parental satisfaction Flood Insurance Program until Decem- press the sense of the Senate regarding levels; and ber 31, 2012. the importance of preventing the Gov- (3) must prove their ongoing success to S. 2346 ernment of Iran from acquiring nuclear parents, policymakers, and the communities At the request of Mr. PRYOR, the weapons capability. served by the charter schools; name of the Senator from Arkansas At the request of Mr. THUNE, his Whereas more than 50 percent of charter schools report having a waiting list, and the (Mr. BOOZMAN) was added as a cospon- name was added as a cosponsor of S. Res. 380, supra. total number of students on all such waiting sor of S. 2346, a bill to amend the Farm lists is enough to fill more than 1,100 aver- Security and Rural Investment Act of f age-sized charter schools; and 2002 to modify the definition of the SUBMITTED RESOLUTIONS Whereas the 13th annual National Charter term ‘‘biobased product’’. Schools Week is scheduled to be held May 6 S. 2366 through May 12, 2012: Now, therefore, be it Resolved, That the Senate— At the request of Mr. ALEXANDER, the SENATE RESOLUTION 447—CON- GRATULATING THE STUDENTS, (1) congratulates the students, parents, names of the Senator from Kansas (Mr. teachers, and administrators of charter ROBERTS), the Senator from Mississippi PARENTS, TEACHERS, AND AD- schools across the United States for— (Mr. COCHRAN) and the Senator from MINISTRATORS OF CHARTER (A) ongoing contributions to education; Georgia (Mr. CHAMBLISS) were added as SCHOOLS ACROSS THE UNITED (B) the impressive strides made in closing cosponsors of S. 2366, a bill to extend STATES FOR ONGOING CON- the persistent academic achievement gap in student loan interest rates for under- TRIBUTIONS TO EDUCATION, AND the United States; and graduate Federal Direct Stafford SUPPORTING THE IDEALS AND (C) improving and strengthening the public Loans. GOALS OF THE 13TH ANNUAL school system in the United States; NATIONAL CHARTER SCHOOLS (2) supports the ideals and goals of the 13th S. 2368 annual National Charter Schools Week, a At the request of Mr. ENZI, his name WEEK, TO BE HELD MAY 6 week-long celebration to be held May 6 was added as a cosponsor of S. 2368, a THROUGH MAY 12, 2012 through May 12, 2012, in communities bill to ensure economy and efficiency Ms. LANDRIEU (for herself, Mr. throughout the United States; and of Federal Government operations by ALEXANDER, Mr. BURR, Mr. CARPER, Mr. (3) encourages the people of the United States to hold appropriate programs, cere- establishing a moratorium on midnight COBURN, Mr. DURBIN, Mrs. FEINSTEIN, rules during a President’s final days in monies, and activities during National Char- Mrs. HUTCHISON, Mr. KIRK, Mr. LIEBER- ter Schools Week to demonstrate support for office, and for other purposes. MAN, Ms. MURKOWSKI, and Mr. VITTER) charter schools. S. 2374 submitted the following resolution; f At the request of Mr. BINGAMAN, the which was considered and agreed to: name of the Senator from Pennsyl- S. RES. 447 SENATE CONCURRENT RESOLU- vania (Mr. CASEY) was added as a co- Whereas charter schools deliver high-qual- TION 44—SETTING FORTH THE sponsor of S. 2374, a bill to amend the ity public education and challenge all stu- CONGRESSIONAL BUDGET FOR Helium Act to ensure the expedient dents to reach their potential; THE UNITED STATES GOVERN- and responsible draw-down of the Fed- Whereas charter schools promote innova- MENT FOR FISCAL YEAR 2013 eral Helium Reserve in a manner that tion and excellence in public education; AND SETTING FORTH THE AP- protects the interests of private indus- Whereas charter schools provide thousands PROPRIATE BUDGETARY LEVELS of families with diverse and innovative edu- try, the scientific, medical, and indus- FOR FISCAL YEARS 2014 cational options for their children; THROUGH 2022 trial communities, commercial users, Whereas charter schools are public schools and Federal agencies, and for other authorized by a designated public entity Mr. LEE (for himself, Mr. PAUL, and purposes. that— Mr. DEMINT) submitted the following

VerDate Mar 15 2010 03:33 May 09, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.030 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2971 concurrent resolution; which was (1) FEDERAL REVENUES.—For purposes of Fiscal year 2016: $12,794,224,000,000. placed on the calendar: the enforcement of this resolution: Fiscal year 2017: $12,858,947,000,000. (A) The recommended levels of Federal Fiscal year 2018: $12,900,730,000,000. S. CON. RES. 44 revenues are as follows: Fiscal year 2019: $12,953,800,000,000. Resolved by the Senate (the House of Rep- Fiscal year 2013: $1,961,929,000,000. Fiscal year 2020: $12,970,225,000,000. resentatives concurring), Fiscal year 2014: $2,144,992,000,000. Fiscal year 2021: $12,919,109,000,000. SECTION 1. CONCURRENT RESOLUTION ON THE Fiscal year 2015: $2,376,945,000,000. Fiscal year 2022: $12,819,071,000,000. BUDGET FOR FISCAL YEAR 2013. Fiscal year 2016: $2,558,632,000,000. SEC. 102. SOCIAL SECURITY. (a) DECLARATION.—Congress declares that Fiscal year 2017: $2,715,114,000,000. (a) SOCIAL SECURITY REVENUES.—For pur- this resolution is the concurrent resolution Fiscal year 2018: $2,846,304,000,000. poses of Senate enforcement under sections on the budget for fiscal year 2013 and that Fiscal year 2019: $2,984,528,000,000. 302 and 311 of the Congressional Budget Act this resolution sets forth the appropriate Fiscal year 2020: $3,135,231,000,000. of 1974, the amounts of revenues of the Fed- budgetary levels for fiscal years 2014 through Fiscal year 2021: $3,292,091,000,000. eral Old-Age and Survivors Insurance Trust 2022. Fiscal year 2022: $3,453,764,000,000. Fund and the Federal Disability Insurance (b) TABLE OF CONTENTS.—The table of con- (B) The amounts by which the aggregate Trust Fund are as follows: tents for this concurrent resolution is as fol- levels of Federal revenues should be changed Fiscal year 2013: $675,120,000,000. lows: are as follows: Fiscal year 2014: $731,427,000,000. Sec. 1. Concurrent resolution on the budget Fiscal year 2013: $308,529,000,000. Fiscal year 2015: $772,640,000,000. for fiscal year 2013. Fiscal year 2014: $409,619,000,000. Fiscal year 2016: $821,698,000,000. Fiscal year 2015: $441,979,000,000. TITLE I—RECOMMENDED LEVELS AND Fiscal year 2017: $872,014,000,000. Fiscal year 2016: $460,171,000,000. AMOUNTS Fiscal year 2018: $919,303,000,000. Fiscal year 2017: $483,239,000,000. Fiscal year 2019: $965,008,000,000. Sec. 101. Recommended levels and amounts. Fiscal year 2018: $511,287,000,000. Fiscal year 2020: $1,010,593,000,000. Sec. 102. Social Security. Fiscal year 2019: $541,052,000,000. Fiscal year 2021: $1,055,547,000,000. Sec. 103. Major functional categories. Fiscal year 2020: $579,382,000,000. Fiscal year 2022: $1,102,093,000,000. TITLE II—RESERVE FUNDS Fiscal year 2021: $621,407,000,000. (b) SOCIAL SECURITY OUTLAYS.—For pur- Sec. 201. Deficit-reduction reserve fund for Fiscal year 2022: $667,810,000,000. poses of Senate enforcement under sections the sale of unused or vacant (2) NEW BUDGET AUTHORITY.—For purposes 302 and 311 of the Congressional Budget Act federal properties. of the enforcement of this resolution, the ap- of 1974, the amounts of outlays of the Fed- Sec. 202. Deficit-reduction reserve fund for propriate levels of total new budget author- eral Old-Age and Survivors Insurance Trust selling excess federal land. ity are as follows: Fund and the Federal Disability Insurance Sec. 203. Deficit-reduction reserve fund for Fiscal year 2013: $3,269,496,000,000. Trust Fund are as follows: the repeal of davis-bacon pre- Fiscal year 2014: $3,224,788,000,000. Fiscal year 2013: $720,436,000,000. vailing wage laws. Fiscal year 2015: $3,346,856,000,000. Fiscal year 2014: $758,457,000,000. Sec. 204. Deficit-reduction reserve fund for Fiscal year 2016: $3,398,941,000,000. Fiscal year 2015: $797,609,000,000. the reduction of purchasing and Fiscal year 2017: $3,556,922,000,000. Fiscal year 2016: $839,879,000,000. maintaining federal vehicles. Fiscal year 2018: $3,726,387,000,000. Fiscal year 2017: $887,426,000,000. Sec. 205. Deficit-reduction reserve fund for Fiscal year 2019: $3,934,486,000,000. Fiscal year 2018: $939,147,000,000. the sale of financial assets pur- Fiscal year 2020: $4,100,004,000,000. Fiscal year 2019: $995,537,000,000. chased through the troubled Fiscal year 2021: $4,248,159,000,000. Fiscal year 2020: $1,032,447,000,000. asset relief program. Fiscal year 2022: $4,411,172,000,000. Fiscal year 2021: $1,093,921,000,000. Sec. 206. Reserve fund for the repeal of the (3) BUDGET OUTLAYS.—For purposes of the Fiscal year 2022: $1,153,017,000,000. enforcement of this resolution, the appro- 2010 health care laws. (c) SOCIAL SECURITY ADMINISTRATIVE EX- priate levels of total budget outlays are as TITLE III—BUDGET PROCESS PENSES.—In the Senate, the amounts of new follows: budget authority and budget outlays of the Subtitle A—Budget Enforcement Fiscal year 2013: $3,311,724,000,000. Federal Old-Age and Survivors Insurance Sec. 301. Discretionary spending limits for Fiscal year 2014: $3,266,962,000,000. Trust Fund and the Federal Disability Insur- fiscal years 2013 through 2022, Fiscal year 2015: $3,365,480,000,000. ance Trust Fund for administrative expenses program integrity initiatives, Fiscal year 2016: $3,407,980,000,000. are as follows: and other adjustments. Fiscal year 2017: $3,552,489,000,000. Fiscal year 2013: Fiscal year 2018: $3,716,960,000,000. Sec. 302. Point of order against advance ap- (A) New budget authority, $5,539,000,000. Fiscal year 2019: $3,916,975,000,000. propriations. (B) Outlays, $5,543,000,000. Fiscal year 2020: $4,080,281,000,000. Sec. 303. Emergency legislation. Fiscal year 2014: Fiscal year 2021: $4,218,719,000,000. Sec. 304. Adjustments for the extension of (A) New budget authority, $5,701,000,000. Fiscal year 2022: $4,378,447,000,000. certain current policies. (B) Outlays, $5,709,000,000. (4) DEFICITS.—For purposes of the enforce- Subtitle B—Other Provisions Fiscal year 2015: ment of this resolution, the amounts of the (A) New budget authority, $5,868,000,000. Sec. 311. Oversight of government perform- deficits are as follows: (B) Outlays, $5,842,000,000. ance. Fiscal year 2013: $651,795,000,000. Fiscal year 2016: Sec. 312. Application and effect of changes Fiscal year 2014: $394,970,000,000. (A) New budget authority, $6,047,000,000. in allocations and aggregates. Fiscal year 2015: $218,535,000,000. (B) Outlays, $6,019,000,000. Sec. 313. Adjustments to reflect changes in Fiscal year 2016: $30,347,000,000. concepts and definitions. Fiscal year 2017: $30,624,000,000. Fiscal year 2017: (A) New budget authority, $6,231,000,000. TITLE IV—RECONCILIATION Fiscal year 2018: $43,345,000,000. (B) Outlays, $6,201,000,000. Sec. 401. Reconciliation in the Senate. Fiscal year 2019: $25,554,000,000. Fiscal year 2020: $58,950,000,000. Fiscal year 2018: TITLE V—CONGRESSIONAL POLICY Fiscal year 2021: $122,373,000,000. (A) New budget authority, $6,434,000,000. CHANGES Fiscal year 2022: $171,316,000,000. (B) Outlays, $6,402,000,000. Fiscal year 2019: Sec. 501. Policy statement on social secu- (5) PUBLIC DEBT.—Pursuant to section rity. 301(a)(5) of the Congressional Budget Act of (A) New budget authority, $6,651,000,000. Sec. 502. Policy statement on medicare. 1974, the appropriate levels of the public debt (B) Outlays, $6,617,000,000. Sec. 503. Policy statement on medicaid. are as follows: Fiscal year 2020: Sec. 504. Policy statement on tax reform. Fiscal year 2013: $16,687,208,000,000. (A) New budget authority, $6,867,000,000. Sec. 505. Policy statement on government Fiscal year 2014: $17,282,608,000,000. (B) Outlays, $6,832,000,000. asset sales. Fiscal year 2015: $17,705,767,000,000. Fiscal year 2021: Sec. 506. Policy on repealing Obamacare. Fiscal year 2016: $17,971,116,000,000. (A) New budget authority, $7,088,000,000. (B) Outlays, $7,052,000,000. TITLE VI—SENSE OF CONGRESS Fiscal year 2017: $18,223,074,000,000. Fiscal year 2018: $18,473,929,000,000. Fiscal year 2022: Sec. 601. Regulatory reform. Fiscal year 2019: $18,727,530,000,000. (A) New budget authority, $7,320,000,000. Sec. 602. Rescind unspent or unobligated Fiscal year 2020: $18,933,497,000,000. (B) Outlays, $7,283,000,000. balances after 36 months. Fiscal year 2021: $19,058,907,000,000. SEC. 103. MAJOR FUNCTIONAL CATEGORIES. TITLE I—RECOMMENDED LEVELS AND Fiscal year 2022: $19,106,426,000,000. Congress determines and declares that the AMOUNTS (6) DEBT HELD BY THE PUBLIC.—The appro- appropriate levels of new budget authority SEC. 101. RECOMMENDED LEVELS AND priate levels of debt held by the public are as and outlays for fiscal years 2012 through 2022 AMOUNTS. follows: for each major functional category are: The following budgetary levels are appro- Fiscal year 2013: $11,856,466,000,000. (1) National Defense (050): priate for each of fiscal years 2013 through Fiscal year 2014: $12,353,582,000,000. Fiscal year 2013: 2022: Fiscal year 2015: $12,668,280,000,000. (A) New budget authority, $696,600,000,000.

VerDate Mar 15 2010 03:33 May 09, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.034 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2972 CONGRESSIONAL RECORD — SENATE May 8, 2012 (B) Outlays, $713,500,000,000. Fiscal year 2022: Fiscal year 2020: Fiscal year 2014: (A) New budget authority, $11,044,000,000. (A) New budget authority, $8,671,000,000. (A) New budget authority, $699,900,000,000. (B) Outlays, $10,879,000,000. (B) Outlays, $8,618,000,000. (B) Outlays, $713,900,000,000. (4) Energy (270): Fiscal year 2021: Fiscal year 2015: Fiscal year 2013: (A) New budget authority, $9,687,000,000. (A) New budget authority, $724,900,000,000. (A) New budget authority, $1,924,000,000. (B) Outlays, $9,621,000,000. (B) Outlays, $732,100,000,000. (B) Outlays, $8,075,000,000. Fiscal year 2022: Fiscal year 2016: Fiscal year 2014: (A) New budget authority, $9,822,000,000. (A) New budget authority, $749,500,000,000. (A) New budget authority, $1,765,000,000. (B) Outlays, $9,753,000,000. (B) Outlays, $749,500,000,000. (B) Outlays, $4,807,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2017: Fiscal year 2015: Fiscal year 2013: (A) New budget authority, $766,700,000,000. (A) New budget authority, $934,000,000. (A) New budget authority, $13,261,000,000. (B) Outlays, $759,100,000,000. (B) Outlays, $2,035,000,000. (B) Outlays, $950,000,000. Fiscal year 2018: Fiscal year 2016: Fiscal year 2014: (A) New budget authority, $784,800,000,000. (A) New budget authority, $1,043,000,000. (A) New budget authority, $1,068,000,000. (B) Outlays, $777,100,000,000. (B) Outlays, $2,080,000,000. (B) Outlays, $874,000,000. Fiscal year 2019: Fiscal year 2017: Fiscal year 2015: (A) New budget authority, $812,700,000,000. (A) New budget authority, $1,260,000,000. (A) New budget authority, $3,900,000,000. (B) Outlays, $796,700,000,000. (B) Outlays, $2,125,000,000. (B) Outlays, $814,000,000. Fiscal year 2020: Fiscal year 2018: Fiscal year 2016: (A) New budget authority, $835,600,000,000. (A) New budget authority, $1,292,000,000. (A) New budget authority, $5,351,000,000. (B) Outlays, $819,800,000,000. (B) Outlays, $2,170,000,000. (B) Outlays, $832,000,000. Fiscal year 2021: Fiscal year 2019: Fiscal year 2017: (A) New budget authority, $857,900,000,000. (A) New budget authority, $1,323,000,000. (A) New budget authority, $7,049,000,000. (B) Outlays, $841,500,000,000. (B) Outlays, $2,215,000,000. (B) Outlays, $2,125,000,000. Fiscal year 2022: Fiscal year 2020: Fiscal year 2018: (A) New budget authority, $881,100,000,000. (A) New budget authority, $1,081,000,000. (A) New budget authority, $6,172,000,000. (B) Outlays, $864,300,000,000. (B) Outlays, $1,808,000,000. (B) Outlays, $2,170,000,000. (2) International Affairs (150): Fiscal year 2021: Fiscal year 2019: Fiscal year 2013: (A) New budget authority, $1,105,000,000. (A) New budget authority, $9,910,000,000. (A) New budget authority, $38,024,000,000. (B) Outlays, $1,844,000,000. (B) Outlays, $3,101,000,000. (B) Outlays, $41,175,000,000. Fiscal year 2022: Fiscal year 2020: Fiscal year 2014: (A) New budget authority, $1,138,000,000. (A) New budget authority, $9,579,000,000. (A) New budget authority, $36,214,000,000. (B) Outlays, $1,892,000,000. (B) Outlays, $3,164,000,000. (B) Outlays, $41,078,000,000. (5) Natural Resources and Environment Fiscal year 2021: Fiscal year 2015: (300): (A) New budget authority, $2,999,000,000. (A) New budget authority, $32,615,000,000. Fiscal year 2013: (B) Outlays, $3,227,000,000. (B) Outlays, $37,851,000,000. (A) New budget authority, $24,988,000,000. Fiscal year 2022: Fiscal year 2016: (B) Outlays, $28,975,000,000. (A) New budget authority, $1,185,000,000. (A) New budget authority, $34,605,000,000. Fiscal year 2014: (B) Outlays, $2,838,000,000. (B) Outlays, $39,104,000,000. (A) New budget authority, $23,662,000,000. (8) Transportation (400): Fiscal year 2017: (B) Outlays, $27,094,000,000. Fiscal year 2013: (A) New budget authority, $36,288,000,000. Fiscal year 2015: (A) New budget authority, $17,078,000,000. (B) Outlays, $39,950,000,000. (A) New budget authority, $20,775,000,000. (B) Outlays, $27,075,000,000. Fiscal year 2018: (B) Outlays, $24,013,000,000. Fiscal year 2014: (A) New budget authority, $36,754,000,000. Fiscal year 2016: (A) New budget authority, $6,958,000,000. (B) Outlays, $39,928,000,000. (A) New budget authority, $22,093,000,000. (B) Outlays, $18,791,000,000. Fiscal year 2019: (B) Outlays, $24,128,000,000. Fiscal year 2015: (A) New budget authority, $38,239,000,000. Fiscal year 2017: (A) New budget authority, $8,203,000,000. (B) Outlays, $41,199,000,000. (A) New budget authority, $23,753,000,000. (B) Outlays, $19,129,000,000. Fiscal year 2020: (B) Outlays, $25,075,000,000. Fiscal year 2016: (A) New budget authority, $39,017,000,000. Fiscal year 2018: (A) New budget authority, $8,169,000,000. (B) Outlays, $42,036,000,000. (A) New budget authority, $25,130,000,000. (B) Outlays, $19,136,000,000. Fiscal year 2021: (B) Outlays, $25,172,000,000. Fiscal year 2017: (A) New budget authority, $39,856,000,000. Fiscal year 2019: (A) New budget authority, $8,275,000,000. (B) Outlays, $42,873,000,000. (A) New budget authority, $26,291,000,000. (B) Outlays, $19,125,000,000. Fiscal year 2022: (B) Outlays, $26,137,000,000. Fiscal year 2018: (A) New budget authority, $40,168,000,000. Fiscal year 2020: (A) New budget authority, $8,439,000,000. (B) Outlays, $43,043,000,000. (A) New budget authority, $26,460,000,000. (B) Outlays, $19,096,000,000. (3) General Science, Space, and Technology (B) Outlays, $26,216,000,000. Fiscal year 2019: (250): Fiscal year 2021: (A) New budget authority, $8,657,000,000. Fiscal year 2013: (A) New budget authority, $27,487,000,000. (B) Outlays, $19,049,000,000. (A) New budget authority, $11,390,000,000. (B) Outlays, $27,199,000,000. Fiscal year 2020: (B) Outlays, $11,875,000,000. Fiscal year 2022: (A) New budget authority, $9,401,000,000. Fiscal year 2014: (A) New budget authority, $27,265,000,000. (B) Outlays, $20,792,000,000. (A) New budget authority, $10,781,000,000. (B) Outlays, $26,961,000,000. Fiscal year 2021: (B) Outlays, $10,925,000,000. (6) Agriculture (350): (A) New budget authority, $10,926,000,000. Fiscal year 2015: Fiscal year 2013: (B) Outlays, $22,128,000,000. (A) New budget authority, $10,190,000,000. (A) New budget authority, $9,822,000,000. Fiscal year 2022: (B) Outlays, $10,175,000,000. (B) Outlays, $9,775,000,000. (A) New budget authority, $9,793,000,000. Fiscal year 2016: Fiscal year 2014: (B) Outlays, $22,231,000,000. (A) New budget authority, $10,043,000,000. (A) New budget authority, $9,390,000,000. (9) Community and Regional Development (B) Outlays, $9,984,000,000. (B) Outlays, $9,357,000,000. (450): Fiscal year 2017: Fiscal year 2015: Fiscal year 2013: (A) New budget authority, $10,281,000,000. (A) New budget authority, $8,666,000,000. (A) New budget authority, $10,459,000,000. (B) Outlays, $10,200,000,000. (B) Outlays, $8,620,000,000. (B) Outlays, $19,000,000,000. Fiscal year 2018: Fiscal year 2016: Fiscal year 2014: (A) New budget authority, $10,953,000,000. (A) New budget authority, $8,760,000,000. (A) New budget authority, $8,265,000,000. (B) Outlays, $10,850,000,000. (B) Outlays, $8,710,000,000. (B) Outlays, $17,043,000,000. Fiscal year 2019: Fiscal year 2017: Fiscal year 2015: (A) New budget authority, $11,201,000,000. (A) New budget authority, $8,423,000,000. (A) New budget authority, $8,348,000,000. (B) Outlays, $11,075,000,000. (B) Outlays, $8,375,000,000. (B) Outlays, $13,838,000,000. Fiscal year 2020: Fiscal year 2018: Fiscal year 2016: (A) New budget authority, $10,976,000,000. (A) New budget authority, $8,506,000,000. (A) New budget authority, $10,611,000,000. (B) Outlays, $10,848,000,000. (B) Outlays, $8,456,000,000. (B) Outlays, $14,144,000,000. Fiscal year 2021: Fiscal year 2019: Fiscal year 2017: (A) New budget authority, $11,231,000,000. (A) New budget authority, $8,588,000,000. (A) New budget authority, $12,652,000,000. (B) Outlays, $11,064,000,000. (B) Outlays, $8,537,000,000. (B) Outlays, $14,875,000,000.

VerDate Mar 15 2010 03:33 May 09, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.034 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2973 Fiscal year 2018: Fiscal year 2016: (A) New budget authority, $121,154,000,000. (A) New budget authority, $14,022000,000. (A) New budget authority, $624,673,000,000. (B) Outlays, $121,456,000,000. (B) Outlays, $15,190,000,000. (B) Outlays, $624,626,000,000. Fiscal year 2015: Fiscal year 2019: Fiscal year 2017: (A) New budget authority, $123,497,000,000. (A) New budget authority, $14,349,000,000. (A) New budget authority, $623,319,000,000. (B) Outlays, $123,506,000,000. (B) Outlays, $15,062,000,000. (B) Outlays, $623,271,000,000. Fiscal year 2016: Fiscal year 2020: Fiscal year 2018: (A) New budget authority, $131,075,000,000. (A) New budget authority, $14,365,000,000. (A) New budget authority, $625,754,000,000. (B) Outlays, $130,702,000,000. (B) Outlays, $14,916,000,000. (B) Outlays, $625,706,000,000. Fiscal year 2017: Fiscal year 2021: Fiscal year 2019: (A) New budget authority, $128,369,000,000. (A) New budget authority, $15,547,000,000. (A) New budget authority, $653,437,000,000. (B) Outlays, $127,870,000,000. (B) Outlays, $16,135,000,000. (B) Outlays, $653,384,000,000. Fiscal year 2018: Fiscal year 2022: Fiscal year 2020: (A) New budget authority, $127,819,000,000. (A) New budget authority, $15,512,000,000. (A) New budget authority, $665,758,000,000. (B) Outlays, $127,274,000,000. (B) Outlays, $16,082,000,000. (B) Outlays, $665,702,000,000. Fiscal year 2019: (10) Education, Training, Employment, and Fiscal year 2021: (A) New budget authority, $134,992,000,000. Social Services (500): (A) New budget authority, $632,639,000,000. (B) Outlays, $134,425,000,000. Fiscal year 2013: (B) Outlays, $632,583,000,000. Fiscal year 2020: (A) New budget authority, $56,341,000,000. Fiscal year 2022: (A) New budget authority, $139,848,000,000. (B) Outlays, $57,875,000,000. (A) New budget authority, $663,152,000,000. (B) Outlays, $139,274,000,000. Fiscal year 2014: (B) Outlays, $663,095,000,000. Fiscal year 2021: (A) New budget authority, $52,978,000,000. (13) Income Security (600): (A) New budget authority, $142,925,000,000. (B) Outlays, $53,499,000,000. Fiscal year 2013: (B) Outlays, $142,327,000,000. Fiscal year 2015: (A) New budget authority, $458,510,000,000. Fiscal year 2022: (A) New budget authority, $50,710,000,000. (B) Outlays, $462,945,000,000. (A) New budget authority, $142,670,000,000. (B) Outlays, $50,180,000,000. Fiscal year 2014: (B) Outlays, $142,079,000,000. Fiscal year 2016: (A) New budget authority, $388,595,000,000. (16) Administration of Justice (750): (A) New budget authority, $54,699,000,000. (B) Outlays, $391,402,000,000. Fiscal year 2013: (B) Outlays, $54,080,000,000. Fiscal year 2015: (A) New budget authority, $47,182,000,000. Fiscal year 2017: (A) New budget authority, $382,123,000,000. (B) Outlays, $48,925,000,000. (A) New budget authority, $56,797,000,000. (B) Outlays, $383,981,000,000. Fiscal year 2014: (B) Outlays, $56,100,000,000. Fiscal year 2016: (A) New budget authority, $45,833,000,000. Fiscal year 2018: (A) New budget authority, $384,516,000,000. (B) Outlays, $48,070,000,000. (A) New budget authority, $57,622,000,000. (B) Outlays, $385,762,000,000. Fiscal year 2015: (B) Outlays, $56,854,000,000. Fiscal year 2017: (A) New budget authority, $45,232,000,000. Fiscal year 2019: (A) New budget authority, $385,722,000,000. (B) Outlays, $46,805,000,000. (A) New budget authority, $58,400,000,000. (B) Outlays, $386,070,000,000. Fiscal year 2016: (B) Outlays, $57,590,000,000. Fiscal year 2018: (A) New budget authority, $46,682,000,000. Fiscal year 2020: (A) New budget authority, $394,436,000,000. (B) Outlays, $47,840,000,000. (A) New budget authority, $59,907,000,000. (B) Outlays, $394,212,000,000. Fiscal year 2017: (B) Outlays, $59,059,000,000. Fiscal year 2019: (A) New budget authority, $47,921,000,000. Fiscal year 2021: (A) New budget authority, $400,998,000,000. (B) Outlays, $48,875,000,000. (A) New budget authority, $60,799,000,000. (B) Outlays, $400,516,000,000. Fiscal year 2018: (B) Outlays, $59,930,000,000. Fiscal year 2020: (A) New budget authority, $48,995,000,000. Fiscal year 2022: (A) New budget authority, $416,931,000,000. (B) Outlays, $49,910,000,000. (A) New budget authority, $60,885,000,000. (B) Outlays, $416,354,000,000. Fiscal year 2019: (B) Outlays, $60,071,000,000. Fiscal year 2021: (A) New budget authority, $50,0690,000,000. (11) Health (550): (A) New budget authority, $405,108,000,000. (B) Outlays, $50,945,000,000. Fiscal year 2013: (B) Outlays, $404,451,000,000. Fiscal year 2020: (A) New budget authority, $353,800,000,000. Fiscal year 2022: (A) New budget authority, $51,208,000,000. (B) Outlays, $348,000,000,000. (A) New budget authority, $417,175,000,000. (B) Outlays, $51,980,000,000. Fiscal year 2014: (B) Outlays, $416,541,000,000. Fiscal year 2021: (A) New budget authority, $337,591,000,000. (14) Social Security (650): (A) New budget authority, $52,229,000,000. (B) Outlays, $326,887,000,000. Fiscal year 2013: (B) Outlays, $53,015,000,000. Fiscal year 2015: (A) New budget authority, $53,216,000,000. Fiscal year 2022: (A) New budget authority, $351,655,000,000. (B) Outlays, $53,296,000,000. (A) New budget authority, $52,207,000,000. (B) Outlays, $330,821,000,000. Fiscal year 2014: (B) Outlays, $52,976,000,000. Fiscal year 2016: (A) New budget authority, $31,892,000,000. (17) General Government (800): (A) New budget authority, $361,046,000,000. (B) Outlays, $32,002,000,000. Fiscal year 2013: (B) Outlays, $340,432,000,000. Fiscal year 2015: (A) New budget authority, $17,292,000,000. Fiscal year 2017: (A) New budget authority, $35,135,000,000. (B) Outlays, $19,000,000,000. (A) New budget authority, $374,026,000,000. (B) Outlays, $35,210,000,000. Fiscal year 2014: (B) Outlays, $349,175,000,000. Fiscal year 2016: (A) New budget authority, $18,113,000,000. Fiscal year 2018: (A) New budget authority, $38,953,000,000. (B) Outlays, $18,791,000,000. (A) New budget authority, $385,327,000,000. (B) Outlays, $38,991,000,000. Fiscal year 2015: (B) Outlays, $360,180,000,000. Fiscal year 2017: (A) New budget authority, $17,574,000,000. Fiscal year 2019: (A) New budget authority, $43,140,000,000. (B) Outlays, $17,908,000,000. (A) New budget authority, $399,456,000,000. (B) Outlays, $43,140,000,000. Fiscal year 2016: (B) Outlays, $371,797,000,000. Fiscal year 2018: (A) New budget authority, $17,752,000,000. Fiscal year 2020: (A) New budget authority, $47,590,000,000. (B) Outlays, $17,888,000,000. (A) New budget authority, $413,929,000,000. (B) Outlays, $47,590,000,000. Fiscal year 2017: (B) Outlays, $383,778,000,000. Fiscal year 2019: (A) New budget authority, $19,100,000,000. Fiscal year 2021: (A) New budget authority, $52,429,000,000. (B) Outlays, $19,125,000,000. (A) New budget authority, $443,416,000,000. (B) Outlays, $52,429,000,000. Fiscal year 2018: (B) Outlays, $411,012,000,000. Fiscal year 2020: (A) New budget authority, $19,082,000,000. Fiscal year 2022: (A) New budget authority, $57,425,000,000. (B) Outlays, $19,096,000,000. (A) New budget authority, $472,571,000,000. (B) Outlays, $57,425,000,000. Fiscal year 2019: (B) Outlays, $438,342,000,000. Fiscal year 2021: (A) New budget authority, $19,466,000,000. (12) Medicare (570): (A) New budget authority, $62,604,000,000. (B) Outlays, $19,049,000,000. Fiscal year 2013: (B) Outlays, $62,604,000,000. Fiscal year 2020: (A) New budget authority, $585,288,000,000. Fiscal year 2022: (A) New budget authority, $20,345,000,000. (B) Outlays, $585,220,000,000. (A) New budget authority, $68,079,000,000. (B) Outlays, $19,888,000,000. Fiscal year 2014: (B) Outlays, $68,079,000,000. Fiscal year 2021: (A) New budget authority, $617,452,000,000. (15) Veterans Benefits and Services (700): (A) New budget authority, $20,278,000,000. (B) Outlays, $617,414,000,000. Fiscal year 2013: (B) Outlays, $19,823,000,000. Fiscal year 2015: (A) New budget authority, $119,099,000,000. Fiscal year 2022: (A) New budget authority, $650,316,000,000. (B) Outlays, $119,750,000,000. (A) New budget authority, $20,320,000,000. (B) Outlays, $650,265,000,000. Fiscal year 2014: (B) Outlays, $19,866,000,000.

VerDate Mar 15 2010 03:33 May 09, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.034 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2974 CONGRESSIONAL RECORD — SENATE May 8, 2012 (18) Net Interest (900): (A) New budget authority, $71,000,000,000. ference reports that achieve savings by sell- Fiscal year 2013: (B) Outlays, $71,000,000,000. ing financial instruments and equity accu- (A) New budget authority, $226,273,000,000. Fiscal year 2022: mulated through the Troubled Asset Relief (B) Outlays, $226,273,000,000. (A) New budget authority, $74,000,000,000. Program. The Chairman may also make ad- Fiscal year 2014: (B) Outlays, $74,000,000,000. justments to the Senate’s pay-as-you-go (A) New budget authority, $241,665,000,000. TITLE II—RESERVE FUNDS ledger over 10 years to ensure that the def- (B) Outlays, $241,665,000,000. SEC. 201. DEFICIT-REDUCTION RESERVE FUND icit reduction achieved is used for deficit re- Fiscal year 2015: FOR THE SALE OF UNUSED OR VA- duction only. The adjustments authorized (A) New budget authority, $278,158,000,000. CANT FEDERAL PROPERTIES. under this section shall be of the amount of (B) Outlays, $278,158,000,000. The Chairman of the Committee on the deficit reduction achieved. Fiscal year 2016: Budget of the Senate may reduce the alloca- SEC. 206. RESERVE FUND FOR THE REPEAL OF (A) New budget authority, $329,553,000,000. tions of a committee or committees, aggre- THE 2010 HEALTH CARE LAWS. (B) Outlays, $329,553,000,000. gates, and other appropriate levels and lim- The Chairman of the Committee on the Fiscal year 2017: its in this resolution for 1 or more bills, joint Budget of the Senate may reduce the alloca- (A) New budget authority, $377,828,000,000. resolutions, amendments, motions, or con- tions of a committee or committees, aggre- (B) Outlays, $377,828,000,000. ference reports that achieve savings by sell- gates, and other appropriate levels and lim- Fiscal year 2018: ing any unused or vacant Federal properties. its in this resolution for 1 or more bills, joint (A) New budget authority, $419,849,000,000. The Chairman may also make adjustments resolutions, amendments, motions, or con- (B) Outlays, $419,849,000,000. to the Senate’s pay-as-you-go ledger over 10 ference reports that achieve savings by re- Fiscal year 2019: years to ensure that the deficit reduction pealing the Patient Protection and Afford- (A) New budget authority, $456,458,000,000. achieved is used for deficit reduction only. able Care Act of 2010. The Chairman may (B) Outlays, $456,458,000,000. The adjustments authorized under this sec- Fiscal year 2020: also make adjustments to the Senate’s pay tion shall be of the amount of deficit reduc- as-you-go ledger over 10 years to ensure that (A) New budget authority, $483,401,000,000. tion achieved. (B) Outlays, $483,401,000,000. the deficit reduction achieved is used for def- Fiscal year 2021: SEC. 202. DEFICIT-REDUCTION RESERVE FUND icit reduction only. The adjustments author- FOR SELLING EXCESS FEDERAL (A) New budget authority, $497,066,000,000. ized under this section shall be of the LAND. amount of deficit reduction achieved. (B) Outlays, $497,066,000,000. The Chairman of the Committee on the Fiscal year 2022: Budget of the Senate may reduce the alloca- TITLE III—BUDGET PROCESS (A) New budget authority, $508,481,000,000. tions of a committee or committees, aggre- Subtitle A—Budget Enforcement (B) Outlays, $508,481,000,000. gates, and other appropriate levels and lim- (19) Allowances (920): SEC. 301. DISCRETIONARY SPENDING LIMITS FOR its in this resolution for 1 or more bills, joint FISCAL YEARS 2013 THROUGH 2022, Fiscal year 2013: resolutions, amendments, motions, or con- (A) New budget authority, $0. PROGRAM INTEGRITY INITIATIVES, ference reports that achieve savings by sell- AND OTHER ADJUSTMENTS. (B) Outlays, $0. ing any excess Federal land. The Chairman (a) SENATE POINT OF ORDER.— Fiscal year 2014: may also make adjustments to the Senate’s (A) New budget authority, $0. (1) IN GENERAL.—Except as otherwise pro- pay as-you-go ledger over 10 years to ensure (B) Outlays, $0. vided in this section, it shall not be in order that the deficit reduction achieved is used Fiscal year 2015: in the Senate to consider any bill or joint for deficit reduction only. The adjustments (A) New budget authority, $0. resolution (or amendment, motion, or con- authorized under this section shall be of the (B) Outlays, $0. ference report on that bill or joint resolu- amount of deficit reduction achieved. Fiscal year 2016: tion) that would cause the discretionary (A) New budget authority, $0. SEC. 203. DEFICIT-REDUCTION RESERVE FUND spending limits in this section to be exceed- FOR THE REPEAL OF DAVIS-BACON ed. (B) Outlays, $0. PREVAILING WAGE LAWS. Fiscal year 2017: (2) SUPERMAJORITY WAIVER AND APPEALS.— The Chairman of the Committee on the (A) WAIVER.—This subsection may be (A) New budget authority, $0. Budget of the Senate may reduce the alloca- (B) Outlays, $0. waived or suspended in the Senate only by tions of a committee or committees, aggre- Fiscal year 2018: the affirmative vote of two-thirds of the gates, and other appropriate levels and lim- (A) New budget authority, $0. Members, duly chosen and sworn. its in this resolution for 1 or more bills, joint (B) Outlays, $0. (B) APPEALS.—Appeals in the Senate from resolutions, amendments, motions, or con- Fiscal year 2019: the decisions of the Chair relating to any ference reports from savings achieved by re- (A) New budget authority, $0. provision of this subsection shall be limited pealing the Davis-Bacon prevailing wage (B) Outlays, $0. to 1 hour, to be equally divided between, and laws. The Chairman may also make adjust- Fiscal year 2020: controlled by, the appellant and the manager ments to the Senate’s pay-as-you-go ledger (A) New budget authority, $0. of the bill or joint resolution. An affirmative over 10 years to ensure that the deficit re- (B) Outlays, $0. vote of two-thirds of the Members of the Fiscal year 2021: duction achieved is used for deficit reduction Senate, duly chosen and sworn, shall be re- (A) New budget authority, $0. only. The adjustments authorized under this quired to sustain an appeal of the ruling of (B) Outlays, $0. section shall be of the amount of deficit re- the Chair on a point of order raised under Fiscal year 2022: duction achieved. this subsection. (A) New budget authority, $0. SEC. 204. DEFICIT-REDUCTION RESERVE FUND (b) SENATE DISCRETIONARY SPENDING LIM- FOR THE REDUCTION OF PUR- (B) Outlays, $0. ITS.—In the Senate and as used in this sec- CHASING AND MAINTAINING FED- (20) Undistributed Offsetting Receipts (950): ERAL VEHICLES. tion, the term ‘‘discretionary spending Fiscal year 2013: The Chairman of the Committee on the limit’’ means— (A) New budget authority, $138,200,000,000. Budget of the Senate may reduce the alloca- (1) for fiscal year 2013, $1,093,000,000,000 in (B) Outlays, $138,200,000,000. tions of a committee or committees, aggre- new budget authority and $1,181,000,000,000 in Fiscal year 2014: gates, and other appropriate levels and lim- outlays; (A) New budget authority, $152,800,000,000. its in this resolution for 1 or more bills, joint (2) for fiscal year 2014, $1,030,000,000,000 in (B) Outlays, $152,800,000,000. resolutions, amendments, motions, or con- new budget authority and $1,143,000,000,000 in Fiscal year 2015: ference reports that achieve savings by re- outlays; (A) New budget authority, $160,700,000,000. ducing the Federal vehicles fleet. The Chair- (3) for fiscal year 2015, $1,061,000,000,000 in (B) Outlays, $160,700,000,000. man may also make adjustments to the Sen- new budget authority and $1,130,000,000,000 in Fiscal year 2016: ate’s pay as-you-go ledger over 10 years to outlays; (A) New budget authority, $230,400,000,000. ensure that the deficit reduction achieved is (4) for fiscal year 2016 $1,106,000,000,000 in (B) Outlays, $230,400,000,000. used for deficit reduction only. The adjust- new budget authority and $1,156,000,000,000 in Fiscal year 2017: ments authorized under this section shall be outlays; (A) New budget authority, $204,200,000,000. of the amount of deficit reduction achieved. (5) for fiscal year 2017, $1,140,000,000,000 in (B) Outlays, $204,200,000,000. new budget authority and $1,174,000,000,000 in SEC. 205. DEFICIT-REDUCTION RESERVE FUND Fiscal year 2018: FOR THE SALE OF FINANCIAL AS- outlays; (A) New budget authority, $175,400,000,000. SETS PURCHASED THROUGH THE (6) for fiscal year 2018, $1,171,000,000,000 in (B) Outlays, $175,400,000,000. TROUBLED ASSET RELIEF PRO- new budget authority and $1,201,000,000,000 in Fiscal year 2019: GRAM. outlays; (A) New budget authority, $145,800,000,000. The Chairman of the Committee on the (7) for fiscal year 2019, $1,210,000,000,000 in (B) Outlays, $145,800,000,000. Budget of the Senate may reduce the alloca- new budget authority and $1,230,000,000,000 in Fiscal year 2020: tions of a committee or committees, aggre- outlays; (A) New budget authority, $119,800,000,000. gates, and other appropriate levels and lim- (8) for fiscal year 2020, $1,240,000,000,000 in (B) Outlays, $119,800,000,000. its in this resolution for 1 or more bills, joint new budget authority and $1,261,000,000,000 in Fiscal year 2021: resolutions, amendments, motions, or con- outlays;

VerDate Mar 15 2010 03:33 May 09, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.034 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2975 (9) for fiscal year 2021, $1,276,000,000,000 in priations for discretionary accounts’’ mean the concurrent resolution on the budget for new budget authority and $1,292,000,000,000 in any provision of a bill, joint resolution, fiscal year 2010, shall no longer apply. outlays; and amendment, motion, or conference report SEC. 304. ADJUSTMENTS FOR THE EXTENSION OF (10) for fiscal year 2022, $1,299,000,000,000 in that affects direct spending, receipts, or ap- CERTAIN CURRENT POLICIES. new budget authority and $1,323,000,000,000 in propriations as those terms have been de- (a) ADJUSTMENT.—For the purposes of de- outlays; as adjusted in conformance with the fined and interpreted for purposes of the Bal- termining points of order specified in sub- adjustment procedures in subsection (c). anced Budget and Emergency Deficit Control section (b), the Chairman of the Committee (c) ADJUSTMENTS IN THE SENATE.—After the Act of 1985. on the Budget of the Senate may adjust the reporting of a bill or joint resolution relat- (e) POINT OF ORDER.— estimate of the budgetary effects of a bill, ing to any matter described in subsection (1) IN GENERAL.—When the Senate is con- joint resolution, amendment, motion, or con- (a)(2), or the offering of an amendment or sidering a bill, resolution, amendment, mo- ference report that contains 1 or more provi- motion thereto or the submission of a con- tion, or conference report, if a point of order sions meeting the criteria of subsection (c) ference report thereon— is made by a Senator against an emergency to exclude the amounts of qualifying budg- (1) the Chairman of the Committee on the designation in that measure, that provision etary effects. Budget of the Senate may adjust the discre- making such a designation shall be stricken (b) COVERED POINTS OF ORDER.—The Chair- tionary spending limits, budgetary aggre- from the measure and may not be offered as man of the Committee on the Budget of the gates, and allocations pursuant to section an amendment from the floor. Senate may make adjustments pursuant to this section for the following points of order 302(a) of the Congressional Budget Act of (2) SUPERMAJORITY WAIVER AND APPEALS.— only: 1974, by the amount of new budget authority (A) WAIVER.—Paragraph (1) may be waived in that measure for that purpose and the or suspended in the Senate only by an af- (1) Section 201 of S. Con. Res. 21 (110th Con- outlays flowing therefrom; and firmative vote of two-thirds of the Members, gress) (relating to pay-as-you-go). (2) following any adjustment under para- duly chosen and sworn. (2) Section 311 of S. Con. Res. 70 (110th Con- gress) (relating to long-term deficits). graph (1), the Committee on Appropriations (B) APPEALS.—Appeals in the Senate from of the Senate may report appropriately re- the decisions of the Chair relating to any (3) Section 404 of S. Con. Res. 13 (111th Con- vised suballocations pursuant to section provision of this subsection shall be limited gress) (relating to short-term deficits). (c) QUALIFYING LEGISLATION.—The Chair- 302(b) of the Congressional Budget Act of 1974 to 1 hour, to be equally divided between, and man of the Committee on the Budget of the to carry out this subsection. controlled by, the appellant and the manager Senate may make adjustments authorized SEC. 302. POINT OF ORDER AGAINST ADVANCE of the bill or joint resolution, as the case under subsection (a) for legislation con- APPROPRIATIONS. may be. An affirmative vote of three-fifths of taining provisions that— (a) POINT OF ORDER.—It shall not be in the Members of the Senate, duly chosen and (1) amend or supersede the system for up- order in the Senate to consider any bill, sworn, shall be required to sustain an appeal dating payments made under subsections joint resolution, motion, amendment, or con- of the ruling of the Chair on a point of order 1848 (d) and (f) of the Social Security Act, ference report that would provide an advance raised under this subsection. appropriation. consistent with section 7(c) of the Statutory (3) DEFINITION OF AN EMERGENCY DESIGNA- (b) DEFINITION.—In this section, the term Pay-As-You-Go Act of 2010 (Public Law 111– TION.—For purposes of paragraph (1), a provi- ‘‘advance appropriation’’ means any new 139); and sion shall be considered an emergency des- budget authority provided in a bill or joint (2) amend the Internal Revenue Code of ignation if it designates any item as an resolution making appropriations for fiscal 1986, that may establish a single, flat tax emergency requirement pursuant to this sub- year 2013 that first becomes available for any rate as necessary to conform with the annual section. fiscal year after 2012, or any new budget au- revenue levels specified herein consistent (4) FORM OF THE POINT OF ORDER.—A point thority provided in a bill or joint resolution with section 7(d) of the Statutory Pay-As- of order under paragraph (1) may be raised making general appropriations or continuing You-Go Act of 2010. by a Senator as provided in section 313(e) of appropriations for fiscal year 2013, that first (d) DEFINITION.—For the purposes of this becomes available for any fiscal year after the Congressional Budget Act of 1974. section, the terms ‘‘budgetary effects’’ or 2013. (5) CONFERENCE REPORTS.—When the Sen- ‘‘effects’’ mean the amount by which a provi- ate is considering a conference report on, or SEC. 303. EMERGENCY LEGISLATION. sion changes direct spending or revenues rel- an amendment between the Senate and the (a) AUTHORITY TO DESIGNATE.—In the Sen- ative to the baseline. House of Representatives in relation to, a ate, with respect to a provision of direct (e) SUNSET.—This section shall expire on bill, upon a point of order being made by any spending or receipts legislation or appropria- December 31, 2012. Senator pursuant to this section, and such tions for discretionary accounts that Con- Subtitle B—Other Provisions point of order being sustained, such material gress designates as an emergency require- contained in such conference report shall be SEC. 311. OVERSIGHT OF GOVERNMENT PER- ment in such measure, the amounts of new FORMANCE. stricken, and the Senate shall proceed to budget authority, outlays, and receipts in all In the Senate, all committees are directed consider the question of whether the Senate fiscal years resulting from that provision to review programs and tax expenditures shall recede from its amendment and concur shall be treated as an emergency require- within their jurisdiction to identify waste, with a further amendment, or concur in the ment for the purpose of this section. fraud, abuse, or duplication, and increase the House of Representatives amendment with a (b) EXEMPTION OF EMERGENCY PROVI- use of performance data to inform com- further amendment, as the case may be, SIONS.—Any new budget authority, outlays, mittee work. Committees are also directed which further amendment shall consist of and receipts resulting from any provision to review the matters for congressional con- only that portion of the conference report or designated as an emergency requirement, sideration identified on the High Risk list re- House of Representatives amendment, as the pursuant to this section, in any bill, joint ports of the Government Accountability Of- case may be, not so stricken. Any such mo- resolution, amendment, or conference report fice’s. Based on these oversight efforts and tion in the Senate shall be debatable. In any shall not count for purposes of sections 302 performance reviews of programs within case in which such point of order is sustained and 311 of the Congressional Budget Act of their jurisdiction, committees are directed against a conference report (or Senate 1974, section 201 of S. Con. Res. 21 (110th Con- to include recommendations for improved amendment derived from such conference re- gress) (relating to pay-as-you-go), section 311 governmental performance in their annual port by operation of this subsection), no fur- of S.Con. Res. 70 (110th Congress) (relating to views and estimates reports required under ther amendment shall be in order. long-term deficits), and section 404 of S. Con. section 301(d) of the Congressional Budget Res. 13 (111th Congress)(relating to short- (f) CRITERIA.— Act of 1974 to the Committees on the Budget. (1) IN GENERAL.—For purposes of this sec- term deficits), and section 301 of this resolu- SEC. 312. APPLICATION AND EFFECT OF tion (relating to discretionary spending). tion, any provision is an emergency require- CHANGES IN ALLOCATIONS AND AG- Designated emergency provisions shall not ment if the situation addressed by such pro- GREGATES. count for the purpose of revising allocations, vision is— (a) APPLICATION.—Any adjustments of allo- aggregates, or other levels pursuant to pro- (A) necessary, essential, or vital (not mere- cations and aggregates made pursuant to cedures established under section 301(b)(7) of ly useful or beneficial); this resolution shall— the Congressional Budget Act of 1974 for def- (B) sudden, quickly coming into being, and (1) apply while that measure is under con- icit-neutral reserve funds and revising dis- not building up over time; sideration; cretionary spending limits set pursuant to (C) an urgent, pressing, and compelling (2) take effect upon the enactment of that section 301 of this resolution. need requiring immediate action; measure; and (c) DESIGNATIONS.—If a provision of legisla- (D) subject to subparagraph (B), unfore- (3) be published in the Congressional tion is designated as an emergency require- seen, unpredictable, and unanticipated; and Record as soon as practicable. ment under this section, the committee re- (E) not permanent, temporary in nature. (b) EFFECT OF CHANGED ALLOCATIONS AND port and any statement of managers accom- (2) UNFORESEEN.—An emergency that is AGGREGATES.—Revised allocations and ag- panying that legislation shall include an ex- part of an aggregate level of anticipated gregates resulting from these adjustments planation of the manner in which the provi- emergencies, particularly when normally es- shall be considered for the purposes of the sion meets the criteria in subsection (f). timated in advance, is not unforeseen. Congressional Budget Act of 1974 as alloca- (d) DEFINITIONS.—In this section, the terms (g) INAPPLICABILITY.—In the Senate, sections and aggregates contained in this reso- ‘‘direct spending’’, ‘‘receipts’’, and ‘‘appro- tion 403 of S. Con. Res. 13 (111th Congress), lution.

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(c) BUDGET COMMITTEE DETERMINATIONS.— between 2012 and the year in question by the SEC. 504. POLICY STATEMENT ON TAX REFORM. For purposes of this resolution the levels of increase in average wages. It is the policy of this concurrent resolu- new budget authority, outlays, direct spend- (2) Effective 2013, reduce benefits on a pro- tion that Congress and the relevant commit- ing, new entitlement authority, revenues, gressive basis for single beneficiaries with tees of jurisdiction shall enact legislation to deficits, and surpluses for a fiscal year or pe- incomes over $55,000 and married couples ensure the adoption of a new tax system that riod of fiscal years shall be determined on with incomes over $110,000 so that individ- replaces all existing taxes collected by the the basis of estimates made by the Com- uals and married couples who file taxes Federal Government including but not lim- mittee on the Budget of the Senate. jointly, with more than $110,000 and $165,000, ited to income, payroll, gift and estate taxes, SEC. 313. ADJUSTMENTS TO REFLECT CHANGES respectively, in non-Social Security income and excises except those dedicated to specific IN CONCEPTS AND DEFINITIONS. will receive no benefit. Trust Funds, with a new flat tax featuring a Upon the enactment of a bill or joint reso- (3) From 2013 to 2022, the normal retire- consumed-income tax base structure that is lution providing for a change in concepts or ment age will rise to 68 for workers born in economically neutral with respect to saving definitions, the Chairman of the Committee or after 1959. After 2031, the normal retire- and investment, reduces tax complexity, and on the Budget of the Senate may make ad- ment age will be indexed to longevity, add- provides for a globally competitive single justments to the levels and allocations in ing about 1 month every 2 years according to tax rate as follows: this resolution in accordance with section current projections. (1) The new tax will have a single flat tax 251(b) of the Balanced Budget and Emergency (4) The normal retirement age will be in- rate consistent with and sufficient to collect Deficit Control Act of 1985 (as in effect prior creased by 4 months per year starting with the annual revenue levels specified herein. to September 30, 2002). individuals born in 1954 and stopping when it The individual tax code shall include no de- TITLE IV—RECONCILIATION reaches age 68 for individuals born in or after ductions, exemptions, exclusions, or credits 1959. SEC. 401. RECONCILIATION IN THE SENATE. except as follows: (5) From 2013 to 2031, the early retirement (A) A deduction for charitable contribu- (a) SUBMISSION TO PROVIDE FOR THE RE- age rises to 65 for workers born in or after tions to institutions qualifying as charitable FORM OF MANDATORY SPENDING.— 1964. After 2031, the early retirement age will organizations under current law. (1) IN GENERAL.—Not later than September be indexed to longevity, adding about 1 (B) An elective deduction for home mort- 1, 2012, the Senate committees named in month every 2 years according to current paragraph (2) shall submit their rec- gage interest subject to the condition that if projections. and only if the borrow elects the deduction ommendations to the Committee on the (6) The early eligibility age will be in- Budget of the Senate of the United States. the lender would then owe tax on all result- creased by 3 months per year starting with ing income. After receiving those recommendations from individuals born in 1953 and stopping when it the applicable committees of the Senate, the (C) A deduction for higher education tui- reaches age 65 for individuals born in or after tion and fees. Committee on the Budget shall report to the 1964. Senate a reconciliation bill carrying out all (D) A standard deduction for seniors equal such recommendations without substantive SEC. 502. POLICY STATEMENT ON MEDICARE. to the sum of the flat Social Security benefit revision. It is the policy of this concurrent resolu- amount plus the value of the Medicare defined contributions. (2) INSTRUCTIONS.— tion that Congress and the relevant commit- (E) An exclusion for seniors of up to $10,000 (A) COMMITTEE ON COMMERCE, SCIENCE, AND tees of jurisdiction enact legislation to en- in wage and salary income. TRANSPORTATION.—The Committee on Com- sure a reduction in the unfunded liabilities merce, Science, and Transportation shall re- of Medicare as follows: (F) The current law Earned Income Credit. port changes in law within its jurisdiction (1) In 2017, Medicare is reformed to provide (G) A $3,500 nonrefundable tax credit for sufficient to reduce direct spending outlays a premium support payment and a selection families ($2,000 for individuals) to purchase by $457,000,000,000 for the period of fiscal of guaranteed health coverage options from health insurance. The new individual tax years 2013 through 2022. which recipients can choose a plan that best would tax all income and other proceeds used for consumption and exclude all saving. (B) COMMITTEE ON AGRICULTURE, NUTRITION, suits their needs overseen by a separate inde- (2) The business tax code shall apply the AND FORESTRY.—The Committee on Agri- pendent agency. culture, Nutrition, and Forestry shall report (2) Preserves the traditional Medicare FFS same rate as the individual tax code, and changes in law within its jurisdiction suffi- option administered by HHS. shall levy tax on total revenue from the do- cient to reduce direct spending outlays by (3) For each region, the base Federal pre- mestic sale of goods and services less pur- $563,000,000,000 for the period of fiscal years mium support would be initially set at 88 chases of goods and services from other firms 2013 through 2022. percent of the average of 3 lowest bids. less wages, salaries, and related employee costs. All credits currently applicable to (C) COMMITTEE ON HEALTH, EDUCATION, (4) Provides for enhanced risk adjustment business income would be repealed except LABOR, AND PENSIONS.—The Committee on to ensure continuity in coverage and market Health, Education, Labor, and Pensions shall stability. the Alternative Simplified Credit for re- report changes in laws within its jurisdiction (5) Raises the age of eligibility gradually search and development expenditures. sufficient to reduce direct spending outlays over 10 years, increasing from 65 to 68, re- (3) Individuals and businesses would be by $2,652,000,000,000 for the period of fiscal sulting in a 3.6 month increase per year and subject to taxation solely on income gen- years 2013 through 2022. subsequently increased or decreased based on erated within the United States. A border tax adjustment system would be developed in (D) COMMITTEE ON FINANCE.—The Com- longevity. mittee on Finance shall report changes in (6) The Federal based premium support consultation with the World Trade Organiza- laws within its jurisdiction sufficient to re- amount would be reduced or phase out for tion to neutralize tax differences for goods duce direct spending outlays by upper income seniors and increased for lower and services entering and leaving the United $1,432,000,000,000 for the period of fiscal years income seniors. States proper. 2013 through 2022. (4) Tax reform shall be enacted with due SEC. 503. POLICY STATEMENT ON MEDICAID. care through transition provisions to avoid (b) SUBMISSION OF REVISED ALLOCATIONS.— It is the policy of this concurrent resolu- Upon the submission to the Committee on insofar as possible retroactive tax increases tion that Congress and the relevant commit- the Budget of the Senate of a recommenda- or decreases arising from the accrued tax tees of jurisdiction enact legislation to en- tion that has complied with its reconcili- consequences of decisions made under cur- sure fiscal sustainability at the Federal level ation instructions solely by virtue of section rent tax law. while protecting the most vulnerable and 310(c) of the Congressional Budget Act of promoting beneficiary independence as fol- SEC. 505. POLICY STATEMENT ON GOVERNMENT 1974, the chairman of that committee may lows: ASSET SALES. file with the Senate revised allocations (1) Medicaid is reformed to provide direct (a) FINDINGS.—The Senate finds the fol- under section 302(a) of such Act and revised Federal premium support for low-income, lowing: functional levels and aggregates. nondisabled, nonelderly individuals. (1) The Federal Government owns and con- TITLE V—CONGRESSIONAL POLICY (2) The Federal Government would provide trols vast assets, including huge swaths of CHANGES at least $2,000 for an individual and at least commercial land, especially in the West; SEC. 501. POLICY STATEMENT ON SOCIAL SECU- $3,500 in premium support for a family and power generation facilities; valuable por- RITY. up to $9,000 for the lowest income families. tions of the electromagnetic spectrum; un- It is the policy of this concurrent resolu- (3) Current Federal Medicaid funding for derutilized buildings; and financial assets. tion that Congress and the relevant commit- acute and long-term care services provided (2) Control of these numerous and varied tees of jurisdiction enact legislation to en- to the disabled and elderly (dual eligibles) assets is 1 key expression of a government sure the Social Security System achieves would be converted into a fixed payment to much too large and intrusive. solvency over the 75 year window as follows: the States adjusted on a per capita basis for (3) Given the Federal Government’s exces- (1) The legislation must modify the Pri- medical inflation. sive spending, which has driven trillion-dol- mary Insurance Amount formula starting in (4) States would be permitted to design and lar-plus deficits for 4 straight years, and gen- 2013 to smoothly phase down so that starting manage more appropriate care and service erated debt burdens that are stifling present- with workers born after 1985, it will reach a delivery to the disabled and elderly popu- day economic growth and threatening the flat benefit of $1,200 in 2012 dollars indexed lations remaining in the program. Nation’s future prosperity.

VerDate Mar 15 2010 03:33 May 09, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.034 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2977 (4) Divesting itself of these assets would than $100 million in economic aggregate may Health, Education, Labor, and Pen- make an important contribution to reducing not be implemented as law unless Congress sions will meet in open session on Government’s debt and interest costs. gives their consent by voting on the rule. Thursday, May 17, 2012 at 10 a.m. in (b) POLICY ON ASSET SALES.—It is the pol- (3) SUNSET ALL REGULATIONS.—It shall be SD–G50 Dirksen Senate Office Building icy of this budget resolution that the House the policy of Congress that regulations im- and Senate shall each develop a package of posed by the Federal Government shall auto- to conduct a hearing entitled ‘‘Beyond asset sales and transfers of government ac- matically sunset every 2 years unless re- Seclusion and Restraint: Creating Posi- tivities to the private sector. These pro- promulgated by Congress. tive Learning Environments for All posals, which are to yield revenues or sav- (4) PROCESS REFORM.—It shall be the policy Students.’’ ings of at least $260,000,000,000 through fiscal of Congress to implement regulatory process For further information regarding year 2028, shall be submitted to the respec- reform by instituting statutorily required this meeting, please contact the com- tive chambers for enactment in fiscal year regulatory impact analysis for all agencies, mittee on (202) 228–3453. 2013. require the publication of regulatory impact (c) ASSUMPTIONS REGARDING ASSET analysis before the regulation is finalized, COMMITTEE ON INDIAN AFFAIRS SALES.—The assets in the package must in- and ensure that not only are regulatory im- Mr. AKAKA. Mr. President, I would clude, though not be limited to, the fol- pact analysis conducted, but applied to the like to announce that the Committee lowing: issued regulation or rulemaking. on Indian Affairs will meet on May 17, (1) Land administered by the Bureau of (5) INCORPORATION OF FORMAL RULEMAKING 2012 in room SD–628 of the Dirksen Sen- Land Management and the Department of FOR MAJOR RULES.—It shall be the policy of ate Office Building at 2:15 p.m. to con- Agriculture. Congress to apply formal rulemaking proce- duct a hearing entitled ‘‘Fulfilling the (2) Federal buildings and other real estate. dures to all major regulations or those regu- (3) Mineral rights. lations that exceed $100,000,000 in aggregate Federal Trust Responsibility: The (4) Electromagnetic spectrum. economic costs. Foundation of the Government-to-Gov- (5) Facilities administered by the Power SEC. 602. RESCIND UNSPENT OR UNOBLIGATED ernment Relationship.’’ Marketing Administrations and by the Ten- BALANCES AFTER 36 MONTHS. Those wishing additional information nessee Valley Authority. It is the sense of Congress that— may contact the Indian Affairs Com- (6) Federal loans and other financial as- (1) any adjustments of allocations and ag- mittee at (202) 224–2251. sets. gregates made pursuant to this resolution (7) Amtrak. shall require that any unobligated or f (d) ASSUMPTIONS REGARDING TRANSFER OF unspent allocations be rescinded after 36 GOVERNMENT ACTIVITIES.—Transfers of gov- months; ernment activities to the private must in- (2) revised allocations and aggregates re- AUTHORITY FOR COMMITTEES TO clude, though not be limited to, the fol- sulting from these adjustments resulting MEET lowing: from the required rescissions shall be consid- COMMITTEE ON ARMED SERVICES (1) The Neighborhood Reinvestment Cor- ered for the purposes of the Congressional poration. Budget Act of 1974 as allocations and aggre- Mr. HARKIN. Mr. President, I ask (2) The Government Printing Office. gates contained in this resolution; and unanimous consent that the Com- (3) The Architect of the Capitol. (3) for purposes of this resolution the levels mittee on Armed Services be author- (4) The Bureau of Reclamation. of new budget authority, outlays, direct ized to meet during the session of the SEC. 506. POLICY ON REPEALING OBAMACARE. spending, new entitlement authority, reve- Senate on May 8, 2012, at 9:30 a.m. (a) FINDINGS.—The Senate finds the fol- nues, deficits, and surpluses for a fiscal year The PRESIDING OFFICER. Without lowing: or period of fiscal years shall be determined objection, it is so ordered. (1) The quality of United States health on the basis of estimates made by the Com- care, as well as the stability of the nation’s mittee on the Budget of the Senate. COMMITTEE ON BANKING, HOUSING, AND URBAN economy and the Federal budget, depend on AFFAIRS solving the genuine cost and delivery chal- f Mr. HARKIN. Mr. President, I ask lenges in the health sector. NOTICES OF HEARINGS unanimous consent that the Com- (2) But the pervasive government intru- mittee on Banking, Housing, and COMMITTEE ON HEALTH, EDUCATION, LABOR, siveness and $1,390,000,000,000 cost of Urban Affairs be authorized to meet Obamacare are precisely the wrong prescrip- AND PENSIONS tion for problems that have developed grown Mr. HARKIN. Mr. President, I wish to during the session of the Senate on from faulty government policy, particularly announce that the Subcommittee on May 8, 2012, at 10 a.m., to conduct a on the part of the Federal Government. Primary Health and Aging of the Com- hearing entitled ‘‘Expanding Refi- (3) Obamacare will generate fewer choices, mittee on Health, Education, Labor, nancing Opportunities to Improve the less access, and greater dependence on the Housing Market.’’ Government for health care, while increasing and Pensions will meet in open session on Tuesday, May 15, 2012 at 10 a.m. in The PRESIDING OFFICER. Without taxes, regulation and mandates on individ- objection, it is so ordered. uals and businesses. SD–430 Dirksen Senate Office Building (4) A majority of Americans continue to to conduct a hearing entitled ‘‘The COMMITTEE ON FINANCE oppose this one-size-fits-all ‘‘remedy,’’ a High Cost of High Prices for HIV/AIDS Mr. HARKIN. Mr. President, I ask Government takeover of one sixth of the Drugs and the Prize Fund Alter- unanimous consent that the Com- economy that was rammed through Congress native.’’ mittee on Finance be authorized to despite a clear lack of consensus. For further information regarding meet during the session of the Senate (b) POLICY ON OBAMACARE.—It is the policy on May 8, 2012, at 10 a.m., in room 215 of this budget resolution that Congress this hearing, please contact the sub- should repeal Obamacare and develop a fresh committee on (202) 224–5480. of the Dirksen Senate Office Building. strategy built on a patient-centered, market- COMMITTEE ON HEALTH, EDUCATION, LABOR, The PRESIDING OFFICER. Without based solution. AND PENSIONS objection, it is so ordered. TITLE VI—SENSE OF CONGRESS Mr. HARKIN. Mr. President, I wish to SELECT COMMITTEE ON INTELLIGENCE SEC. 601. REGULATORY REFORM. announce that the Committee on Mr. HARKIN. Mr. President, I ask It is the policy of this concurrent resolu- Health, Education, Labor, and Pen- unanimous consent that the Select tion that Congress and the relevant commit- sions will meet in open session on Committee on Intelligence be author- tees of jurisdiction enact legislation to en- Wednesday, May 16, 2012 at 10 a.m. in ized to meet during the session of the sure a regulatory reform as follows: SD–430 Dirksen Senate Office Building Senate on May 8, 2012, at 2:30 p.m. (1) APPLY REGULATORY ANALYSIS REQUIRE- The PRESIDING OFFICER. Without MENTS TO INDEPENDENT AGENCIES.—It shall be to conduct a hearing entitled ‘‘Identi- the policy of Congress to pass into law a re- fying Opportunities for Health Care De- objection, it is so ordered. quirement for independent agencies to abide livery System Reform: Lessons from SUBCOMMITTEE ON AIRLAND by the same regulatory analysis requirement the Front Line.’’ Mr. HARKIN. Mr. President, I ask as those required by executive branch agen- For further information regarding unanimous consent that the Sub- cies. this meeting, please contact the com- committee on Airland of the Com- (2) ADOPT THE REGULATIONS FROM THE EXEC- mittee on (202) 224–7675. mittee on Armed Services be author- UTIVE IN NEED OF SCRUTINY ACT (REINS).—It shall be the policy of Congress to vote on the COMMITTEE ON HEALTH, EDUCATION, LABOR, ized to meet during the session of the Regulation from the Executive In Need of AND PENSIONS Senate on May 8, 2012, at 3 p.m. Scrutiny Act, legislation that would require Mr. HARKIN. Mr. President, I wish to The PRESIDING OFFICER. Without all regulations that impose a burden greater announce that the Committee on objection, it is so ordered.

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Mr. President, I ask unan- (B) Section 2302(b)(9) of title 5, United dences any violation of law, rule, regulation, imous consent that Joe Mahoney, a fel- States Code, is amended— gross mismanagement, a gross waste of low in Senator BINGAMAN’s office, be (i) by striking subparagraph (A) and insert- funds, an abuse of authority, or a substantial granted the privilege of the floor during the following: and specific danger to public health or safety ing consideration of today’s bill. ‘‘(A) the exercise of any appeal, complaint, shall be made by determining whether a dis- The ACTING PRESIDENT pro tem- or grievance right granted by any law, rule, interested observer with knowledge of the es- pore. Without objection, it is so or- or regulation— sential facts known to and readily ascertain- dered. ‘‘(i) with regard to remedying a violation able by the employee or applicant could rea- of paragraph (8); or sonably conclude that the actions of the Mr. HARKIN. Mr. President, I ask ‘‘(ii) other than with regard to remedying a Government evidence such violations, mis- unanimous consent that Marissa Wizig violation of paragraph (8) øany other law, management, waste, abuse, or danger.’’. of my staff be granted floor privileges rule, or regulation¿;’’; and SEC. 104. PERSONNEL ACTIONS AND PROHIBITED for the duration of today’s session. (ii) in subparagraph (B), by inserting ‘‘(i) PERSONNEL PRACTICES. The PRESIDING OFFICER. Without or (ii)’’ after ‘‘subparagraph (A)’’. (a) PERSONNEL ACTION.—Section objection, it is so ordered. (C) Section 2302 of title 5, United States 2302(a)(2)(A) of title 5, United States Code, is Code, is amended by adding at the end the f amended— following: (1) in clause (x), by striking ‘‘and’’ after WHISTLEBLOWER PROTECTION ‘‘(f)(1) A disclosure shall not be excluded the semicolon; and ENHANCEMENT ACT OF 2012 from subsection (b)(8) because— (2) by redesignating clause (xi) as clause ‘‘(A) the disclosure was made to a person, Ms. STABENOW. Mr. President, I ask (xii) and inserting after clause (x) the fol- including a supervisor, who participated in lowing: unanimous consent that the Senate an activity that the employee or applicant ‘‘(xi) the implementation or enforcement proceed to the consideration of Cal- reasonably believed to be covered by sub- of any nondisclosure policy, form, or agree- endar No. 358, S. 743. section (b)(8)(A)(ii); ment; and’’. The PRESIDING OFFICER. The ‘‘(B) the disclosure revealed information (b) PROHIBITED PERSONNEL PRACTICE.— clerk will report the bill by title. that had been previously disclosed; (1) IN GENERAL.—Section 2302(b) of title 5, The assistant legislative clerk read ‘‘(C) of the employee’s or applicant’s mo- United States Code, is amended— tive for making the disclosure; as follows: (A) in paragraph (11), by striking ‘‘or’’ at ‘‘(D) the disclosure was not made in writ- the end; A bill (S. 743) to amend chapter 23 of title ing; (B) in paragraph (12), by striking the pe- 5, United States Code, to clarify the disclo- ‘‘(E) the disclosure was made while the em- riod and inserting ‘‘; or’’; and sures of information protected from prohib- ployee was off duty; or (C) by inserting after paragraph (12) the ited personnel practices, require a statement ‘‘(F) of the amount of time which has following: in nondisclosure policies, forms, and agree- passed since the occurrence of the events de- ø‘‘(13) implement or enforce any nondisclo- ments that such policies, forms, and agree- scribed in the disclosure. sure policy, form, or agreement, if such pol- ments conform with certain disclosure pro- ‘‘(2) If a disclosure is made during the nor- icy, form, or agreement does not contain the tections, provide certain authority for the mal course of duties of an employee, the dis- following statement: ‘These provisions are special counsel, and for other purposes. closure shall not be excluded from sub- consistent with and do not supersede, con- There being no objection, the Senate section (b)(8) if any employee who has au- flict with, or otherwise alter the employee proceeded to consider the bill, which thority to take, direct others to take, rec- obligations, rights, or liabilities created by had been reported from the Committee ommend, or approve any personnel action Executive Order 13526 (75 Fed. Reg. 707; relat- with respect to the employee making the dis- on Homeland Security and Govern- ing to classified national security informa- closure, took, failed to take, or threatened tion), or any successor thereto; Executive mental Affairs, with amendments, as to take or fail to take a personnel action follows: Order 12968 (60 Fed. Reg. 40245; relating to ac- with respect to that employee in reprisal for cess to classified information), or any suc- [Omit the parts printed in boldface the disclosure.’’. cessor thereto; section 7211 of title 5, United brackets and insert the part printed in SEC. 102. DEFINITIONAL AMENDMENTS. States Code (governing disclosures to Con- italic] Section 2302(a)(2) of title 5, United States gress); section 1034 of title 10, United States S. 743 Code, is amended— Code (governing disclosure to Congress by (1) in subparagraph (B)(ii), by striking Be it enacted by the Senate and House of Rep- members of the military); section 2302(b)(8) ‘‘and’’ at the end; of title 5, United States Code (governing dis- resentatives of the United States of America in (2) in subparagraph (C)(iii), by striking the Congress assembled, closures of illegality, waste, fraud, abuse, or period at the end and inserting ‘‘; and’’; and public health or safety threats); the Intel- SECTION 1. SHORT TITLE. (3) by adding at the end the following: ligence Identities Protection Act of 1982 (50 This Act may be cited as the ‘‘Whistle- ‘‘(D) ‘disclosure’ means a formal or infor- U.S.C. 421 et seq.) (governing disclosures that blower Protection Enhancement Act of mal communication or transmission, but could expose confidential Government ø2011¿ 2012’’. does not include a communication con- agents); and the statutes which protect TITLE I—PROTECTION OF CERTAIN DIS- cerning policy decisions that lawfully exer- against disclosures that could compromise CLOSURES OF INFORMATION BY FED- cise discretionary authority unless the em- national security, including sections 641, 793, ERAL EMPLOYEES ployee or applicant providing the disclosure 794, 798, and 952 of title 18, United States SEC. 101. CLARIFICATION OF DISCLOSURES COV- reasonably believes that the disclosure evi- Code, and section 4(b) of the Subversive Ac- ERED. dences— tivities Control Act of 1950 (50 U.S.C. 783(b)). (a) IN GENERAL.—Section 2302(b)(8) of title ‘‘(i) any violation of any law, rule, or The definitions, requirements, obligations, ø 5, United States Code, is amended— regulation , and occurs during the conscien- rights, sanctions, and liabilities created by ¿ (1) in subparagraph (A)(i), by striking ‘‘a tious carrying out of official duties ; or such Executive order and such statutory pro- violation’’ and inserting ‘‘any violation’’; ‘‘(ii) gross mismanagement, a gross waste visions are incorporated into this agreement and of funds, an abuse of authority, or a substan- and are controlling.’ ’’. (2) in subparagraph (B)(i), by striking ‘‘a tial and specific danger to public health or ø(2) NONDISCLOSURE POLICY, FORM, OR violation’’ and inserting ‘‘any violation safety.’’. AGREEMENT IN EFFECT BEFORE THE DATE OF (other than a violation of this section)’’. SEC. 103. REBUTTABLE PRESUMPTION. ENACTMENT.—A nondisclosure policy, form, (b) PROHIBITED PERSONNEL PRACTICES Section 2302(b) of title 5, United States or agreement that was in effect before the UNDER SECTION 2302(b)(9).— Code, is amended by amending the matter date of enactment of this Act, but that does (1) TECHNICAL AND CONFORMING AMEND- following paragraph (12) to read as follows: not contain the statement required under MENTS.—Title 5, United States Code, is ‘‘This subsection shall not be construed to section 2302(b)(13) of title 5, United States amended in subsections (a)(3), (b)(4)(A), and authorize the withholding of information Code, (as added by this Act) for implementa- (b)(4)(B)(i) of section 1214, in subsections (a), from Congress or the taking of any personnel tion or enforcement— (e)(1), and (i) of section 1221, and in sub- action against an employee who discloses in- ø(A) may be enforced with regard to a cur- section (a)(2)(C)(i) of section 2302, by insert- formation to Congress. For purposes of para- rent employee if the agency gives such em- ing ‘‘or section 2302(b)(9) (A)(i), (B), (C), or graph (8), (i) any presumption relating to the ployee notice of the statement; and (D)’’ after ‘‘section 2302(b)(8)’’ or ‘‘(b)(8)’’ performance of a duty by an employee whose ø(B) may continue to be enforced after the each place it appears. conduct is the subject of a disclosure as de- effective date of this Act with regard to a (2) OTHER REFERENCES.—(A) Title 5, United fined under subsection (a)(2)(D) may be re- former employee if the agency posts notice States Code, is amended in subsection butted by substantial evidence, and (ii)ø. For of the statement on the agency website for (b)(4)(B)(i) of section 1214 and in subsection purposes of paragraph (8),¿ a determination the 1-year period following that effective (e)(1) of section 1221, by inserting ‘‘or pro- as to whether an employee or applicant rea- date.¿

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DISCIPLINARY ACTION. sion of the Board, a petition for judicial re- policy, form, or agreement, if such policy, form, Section 1215(a)(3) of title 5, United States view in the United States Court of Appeals or agreement does not contain the following Code, is amended to read as follows: for the Federal Circuit if the Director deter- statement: ‘These provisions are consistent with ‘‘(3)(A) A final order of the Board may im- mines, in the discretion of the Director, that and do not supersede, conflict with, or other- pose— the Board erred in interpreting a civil serv- wise alter the employee obligations, rights, or li- ‘‘(i) disciplinary action consisting of re- ice law, rule, or regulation affecting per- abilities created by existing statute or Executive moval, reduction in grade, debarment from sonnel management and that the Board’s de- order relating to (1) classified information, (2) Federal employment for a period not to ex- cision will have a substantial impact on a communications to Congress, (3) the reporting to ceed 5 years, suspension, or reprimand; civil service law, rule, regulation, or policy an Inspector General of a violation of any law, ‘‘(ii) an assessment of a civil penalty not to directive. If the Director did not intervene in rule, or regulation, or mismanagement, a gross exceed $1,000; or a matter before the Board, the Director may waste of funds, an abuse of authority, or a sub- ‘‘(iii) any combination of disciplinary ac- not petition for review of a Board decision stantial and specific danger to public health or tions described under clause (i) and an as- under this section unless the Director first safety, or (4) any other whistleblower protec- sessment described under clause (ii). petitions the Board for a reconsideration of tion. The definitions, requirements, obligations, ‘‘(B) In any case brought under paragraph its decision, and such petition is denied. In rights, sanctions, and liabilities created by con- (1) in which the Board finds that an em- addition to the named respondent, the Board trolling Executive orders and statutory provi- ployee has committed a prohibited personnel and all other parties to the proceedings be- sions are incorporated into this agreement and practice under section 2302(b)(8), or 2302(b)(9) fore the Board shall have the right to appear are controlling.’.’’. (A)(i), (B), (C), or (D), the Board may impose in the proceeding before the Court of Ap- peals. The granting of the petition for judi- (2) AGENCY WEBSITES.—Agencies making use disciplinary action if the Board finds that of any nondisclosure policy, form, or agreement the activity protected under section cial review shall be at the discretion of the shall also post the statement required under sec- 2302(b)(8), or 2302(b)(9) (A)(i), (B), (C), or (D) Court of Appeals. ‘‘(2) During the 5-year period beginning on tion 2302(b)(13) of title 5, United States Code, (as was a significant motivating factor, even if the effective date of the Whistleblower Pro- added by this Act) on the agency website, ac- other factors also motivated the decision, for tection Enhancement Act of ø2011¿ 2012, this companied by the specific list of controlling Ex- the employee’s decision to take, fail to take, paragraph shall apply to any review obtained ecutive orders and statutory provisions. or threaten to take or fail to take a personnel action, unless that employee dem- by the Director of the Office of Personnel (3) NONDISCLOSURE POLICY, FORM, OR AGREE- Management that raises no challenge to the MENT IN EFFECT BEFORE THE EFFECTIVE DATE.— onstrates, by preponderance of evidence, that the employee would have taken, failed Board’s disposition of allegations of a pro- With respect to a nondisclosure policy, form, or hibited personnel practice described in sec- agreement that was in effect before the effective to take, or threatened to take or fail to take the same personnel action, in the absence of tion 2302(b) other than practices described in date of this Act, but that does not contain the section 2302(b)(8), or 2302(b)(9) (A)(i), (B), (C), such protected activity.’’. statement required under section 2302(b)(13) of or (D). The Director of the Office of Per- title 5, United States Code, (as added by this SEC. 107. REMEDIES. sonnel Management may obtain review of Act) for implementation or enforcement— (a) ATTORNEY FEES.—Section 1204(m)(1) of any final order or decision of the Board by (A) it shall not be a prohibited personnel prac- title 5, United States Code, is amended by filing, within 60 days after the Board issues tice to enforce that policy, form, or agreement striking ‘‘agency involved’’ and inserting notice of the final order or decision of the with regard to a current employee if the agency ‘‘agency where the prevailing party was em- Board, a petition for judicial review in the gives such employee notice of the statement; and ployed or had applied for employment at the United States Court of Appeals for the Fed- (B) it shall not be a prohibited personnel prac- time of the events giving rise to the case’’. eral Circuit or any court of appeals of com- tice to enforce that policy, form, or agreement (b) DAMAGES.—Sections 1214(g)(2) and petent jurisdiction as provided under sub- after the effective date of this Act with regard to 1221(g)(1)(A)(ii) of title 5, United States Code, section (b)(2) if the Director determines, in a former employee if the agency complies with are amended by striking all after ‘‘travel ex- the discretion of the Director, that the paragraph (2). penses,’’ and inserting ‘‘any other reasonable Board erred in interpreting a civil service and foreseeable consequential damages, and ETALIATORY INVESTIGATIONS.— law, rule, or regulation affecting personnel (c) R compensatory damages (including interest, (1) AGENCY INVESTIGATION.—Section 1214 of management and that the Board’s decision reasonable expert witness fees, and costs).’’ title 5, United States Code, is amended by will have a substantial impact on a civil each place it appears. adding at the end the following: service law, rule, regulation, or policy direc- SEC. 108. JUDICIAL REVIEW. tive. If the Director did not intervene in a ‘‘(h) Any corrective action ordered under (a) IN GENERAL.—Section 7703(b) of title 5, matter before the Board, the Director may this section to correct a prohibited personnel United States Code, is amended by striking not petition for review of a Board decision practice may include fees, costs, or damages the matter preceding paragraph (2) and in- under this section unless the Director first reasonably incurred due to an agency inves- serting the following: petitions the Board for a reconsideration of tigation of the employee, if such investiga- ‘‘(b)(1)(A) Except as provided in subpara- its decision, and such petition is denied. In tion was commenced, expanded, or extended graph (B) and paragraph (2) of this sub- addition to the named respondent, the Board in retaliation for the disclosure or protected section, a petition to review a final order or and all other parties to the proceedings be- activity that formed the basis of the correc- final decision of the Board shall be filed in fore the Board shall have the right to appear tive action.’’. the United States Court of Appeals for the in the proceeding before the court of appeals. (2) DAMAGES.—Section 1221(g) of title 5, Federal Circuit. Notwithstanding any other The granting of the petition for judicial re- United States Code, is amended by adding at provision of law, any petition for review view shall be at the discretion of the court of the end the following: shall be filed within 60 days after the Board appeals.’’. ‘‘(4) Any corrective action ordered under issues notice of the final order or decision of SEC. 109. PROHIBITED PERSONNEL PRACTICES this section to correct a prohibited personnel the Board. AFFECTING THE TRANSPORTATION practice may include fees, costs, or damages ‘‘(B) During the 5-year period beginning on SECURITY ADMINISTRATION. reasonably incurred due to an agency inves- the effective date of the Whistleblower Pro- (a) IN GENERAL.—Chapter 23 of title 5, tigation of the employee, if such investiga- tection Enhancement Act of ø2011¿ 2012, a pe- United States Code, is amended— tion was commenced, expanded, or extended tition to review a final order or final deci- (1) by redesignating sections 2304 and 2305 in retaliation for the disclosure or protected sion of the Board that raises no challenge to as sections 2305 and 2306, respectively; and activity that formed the basis of the correc- the Board’s disposition of allegations of a (2) by inserting after section 2303 the fol- tive action.’’. prohibited personnel practice described in lowing: SEC. 105. EXCLUSION OF AGENCIES BY THE section 2302(b) other than practices described ‘‘§ 2304. Prohibited personnel practices affect- PRESIDENT. in section 2302(b)(8), or 2302(b)(9) (A)(i), (B), ing the Transportation Security Adminis- Section 2302(a)(2)(C) of title 5, United (C), or (D) shall be filed in the United States tration States Code, is amended by striking clause Court of Appeals for the Federal Circuit or ‘‘(a) IN GENERAL.—Notwithstanding any (ii) and inserting the following: any court of appeals of competent jurisdic- other provision of law, any individual hold- ‘‘(ii)(I) the Federal Bureau of Investiga- tion as provided under paragraph (2).’’. ing or applying for a position within the tion, the Central Intelligence Agency, the (b) REVIEW OBTAINED BY OFFICE OF PER- Transportation Security Administration Defense Intelligence Agency, the National SONNEL MANAGEMENT.—Section 7703(d) of shall be covered by— Geospatial-Intelligence Agency, the National title 5, United States Code, is amended to ‘‘(1) the provisions of section 2302(b) (1), (8), Security Agency, the Office of the Director read as follows: and (9); of National Intelligence, and the National ‘‘(d)(1) Except as provided under paragraph ‘‘(2) any provision of law implementing Reconnaissance Office; and (2), this paragraph shall apply to any review section 2302(b) (1), (8), or (9) by providing any ‘‘(II) as determined by the President, any obtained by the Director of the Office of Per- right or remedy available to an employee or executive agency or unit thereof the prin- sonnel Management. The Director of the Of- applicant for employment in the civil serv- cipal function of which is the conduct of for- fice of Personnel Management may obtain ice; and eign intelligence or counterintelligence ac- review of any final order or decision of the ‘‘(3) any rule or regulation prescribed tivities, provided that the determination be Board by filing, within 60 days after the under any provision of law referred to in made prior to a personnel action; or’’. Board issues notice of the final order or deci- paragraph (1) or (2).

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‘‘(b) RULE OF CONSTRUCTION.—Nothing in agency or another person designated by the United States Code (governing disclosures to this section shall be construed to affect any head of the agency to receive such disclo- Congress); section 1034 of title 10, United rights, apart from those described in sub- sures, consistent with the protection of States Code (governing disclosure to Con- section (a), to which an individual described sources and methods. gress by members of the military); section in subsection (a) might otherwise be entitled (2) DISCLOSURES NOT EXCLUDED.—A disclo- 2302(b)(8) of title 5, United States Code (gov- under law.’’. sure shall not be excluded from paragraph (1) erning disclosures of illegality, waste, fraud, (b) TECHNICAL AND CONFORMING AMEND- for any reason described under section abuse, or public health or safety threats); MENT.—The table of sections for chapter 23 of 2302(f)(1) or (2) of title 5, United States Code. the Intelligence Identities Protection Act of title 5, United States Code, is amended by (3) RULE OF CONSTRUCTION.—Nothing in this 1982 (50 U.S.C. 421 et seq.) (governing disclo- striking the items relating to sections 2304 section shall be construed to imply any limi- sures that could expose confidential Govern- and 2305, respectively, and by inserting the tation on the protections of employees and ment agents); and the statutes which protect following: applicants afforded by any other provision of against disclosure that may compromise the national security, including sections 641, 793, ‘‘2304. Prohibited personnel practices affect- law, including protections with respect to 794, 798, and 952 of title 18, United States ing the Transportation Secu- any disclosure of information believed to be Code, and section 4(b) of the Subversive Ac- rity Administration. evidence of censorship related to research, ‘‘2305. Responsibility of the Government Ac- analysis, or technical information. tivities Act of 1950 (50 U.S.C. 783(b)). The countability Office. SEC. 111. CLARIFICATION OF WHISTLEBLOWER definitions, requirements, obligations, ‘‘2306. Coordination with certain other provi- RIGHTS FOR CRITICAL INFRASTRUC- rights, sanctions, and liabilities created by TURE INFORMATION. sions of law.’’. such Executive order and such statutory pro- Section 214(c) of the Homeland Security visions are incorporated into this agreement (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the Act of 2002 (6 U.S.C. 133(c)) is amended by and are controlling.’’. ø date of enactment of this section. adding at the end the following: ‘‘For pur- (2) ENFORCEABILITY.— poses of this section a permissible use of ø(A) IN GENERAL.—Any nondisclosure pol- SEC. 110. DISCLOSURE OF CENSORSHIP RELATED independently obtained information includes TO RESEARCH, ANALYSIS, OR TECH- icy, form, or agreement described under NICAL INFORMATION. the disclosure of such information under sec- paragraph (1) that does not contain the (a) DEFINITIONS.—In this subsection— tion 2302(b)(8) of title 5, United States statement required under paragraph (1) may (1) the term ‘‘agency’’ has the meaning Code.’’. not be implemented or enforced to the extent given under section 2302(a)(2)(C) of title 5, SEC. 112. ADVISING EMPLOYEES OF RIGHTS. such policy, form, or agreement is incon- United States Code; Section 2302(c) of title 5, United States sistent with that statement. ø (2) the term ‘‘applicant’’ means an appli- Code, is amended by inserting ‘‘, including (B) NONDISCLOSURE POLICY, FORM, OR cant for a covered position; how to make a lawful disclosure of informa- AGREEMENT IN EFFECT BEFORE THE DATE OF (3) the term ‘‘censorship related to re- tion that is specifically required by law or ENACTMENT.—A nondisclosure policy, form, search, analysis, or technical information’’ Executive order to be kept classified in the or agreement that was in effect before the means any effort to distort, misrepresent, or interest of national defense or the conduct of date of enactment of this Act, but that does suppress research, analysis, or technical in- foreign affairs to the Special Counsel, the In- not contain the statement required under formation; spector General of an agency, Congress, or paragraph (1)— ø (4) the term ‘‘covered position’’ has the other agency employee designated to receive (i) may be enforced with regard to a cur- meaning given under section 2302(a)(2)(B) of such disclosures’’ after ‘‘chapter 12 of this rent employee if the agency gives such em- title 5, United States Code; title’’. ployee notice of the statement; and ø (5) the term ‘‘employee’’ means an em- SEC. 113. SPECIAL COUNSEL AMICUS CURIAE AP- (ii) may continue to be enforced after the ployee in a covered position in an agency; PEARANCE. effective date of this Act with regard to a and Section 1212 of title 5, United States Code, former employee if the agency posts notice (6) the term ‘‘disclosure’’ has the meaning is amended by adding at the end the fol- of the statement on the agency website for given under section 2302(a)(2)(D) of title 5, lowing: the 1-year period following that effective ¿ United States Code. ‘‘(h)(1) The Special Counsel is authorized date. (a) IN GENERAL.— (b) PROTECTED DISCLOSURE.— to appear as amicus curiae in any action (1) REQUIREMENT.—Each agreement in Stand- (1) IN GENERAL.—Any disclosure of informa- brought in a court of the United States re- ard Forms 312 and 4414 of the Government and tion by an employee or applicant for employ- lated to øany civil action brought in connec- any other nondisclosure policy, form, or agreement that the employee or applicant reason- tion with¿ section 2302(b) (8) or (9), or as oth- ment of the Government shall contain the fol- ably believes is evidence of censorship re- erwise authorized by law. In any such action, lowing statement: ‘‘These provisions are con- lated to research, analysis, or technical in- the Special Counsel is authorized to present sistent with and do not supersede, conflict with, formation— the views of the Special Counsel with respect or otherwise alter the employee obligations, (A) shall come within the protections of to compliance with section 2302(b) (8) or (9) rights, or liabilities created by existing statute or section 2302(b)(8)(A) of title 5, United States and the impact court decisions would have Executive order relating to (1) classified infor- Code, if— on the enforcement of such provisions of law. mation, (2) communications to Congress, (3) the (i) the employee or applicant reasonably ‘‘(2) A court of the United States shall reporting to an Inspector General of a violation believes that the censorship related to re- grant the application of the Special Counsel of any law, rule, or regulation, or mismanage- search, analysis, or technical information is to appear in any such action for the purposes ment, a gross waste of funds, an abuse of au- or will cause— described under subsection (a).’’. thority, or a substantial and specific danger to (I) any violation of law, rule, or SEC. 114. SCOPE OF DUE PROCESS. public health or safety, or (4) any other whistle- regulationø, and occurs during the conscien- (a) SPECIAL COUNSEL.—Section blower protection. The definitions, requirements, tious carrying out of official duties¿; or 1214(b)(4)(B)(ii) of title 5, United States Code, obligations, rights, sanctions, and liabilities cre- (II) gross mismanagement, a gross waste of is amended by inserting ‘‘, after a finding ated by controlling Executive orders and statu- funds, an abuse of authority, or a substantial that a protected disclosure was a contrib- tory provisions are incorporated into this agree- and specific danger to public health or safe- uting factor,’’ after ‘‘ordered if’’. ment and are controlling.’’. ty; and (b) INDIVIDUAL ACTION.—Section 1221(e)(2) (2) AGENCY WEBSITES.—Agencies making use of title 5, United States Code, is amended by (ii) such disclosure is not specifically proof any nondisclosure policy, form, or agreement inserting ‘‘, after a finding that a protected hibited by law or such information is not shall also post the statement required under disclosure was a contributing factor,’’ after specifically required by Executive order to paragraph (1) on the agency website, accom- ‘‘ordered if’’. be kept classified in the interest of national panied by the specific list of controlling Execu- defense or the conduct of foreign affairs; and SEC. 115. NONDISCLOSURE POLICIES, FORMS, tive orders and statutory provisions. (B) shall come within the protections of AND AGREEMENTS. (3) ENFORCEABILITY.— section 2302(b)(8)(B) of title 5, United States ø(a) IN GENERAL.— (A) IN GENERAL.—Any nondisclosure policy, Code, if— ø(1) REQUIREMENT.—Each agreement in form, or agreement described under paragraph (i) the employee or applicant reasonably Standard Forms 312 and 4414 of the Govern- (1) that does not contain the statement required believes that the censorship related to re- ment and any other nondisclosure policy, under paragraph (1) may not be implemented or search, analysis, or technical information is form, or agreement of the Government shall enforced to the extent such policy, form, or or will cause— contain the following statement: ‘‘These re- agreement is inconsistent with that statement. (I) any violation of law, rule, or strictions are consistent with and do not su- (B) NONDISCLOSURE POLICY, FORM, OR AGREE- regulationø, and occurs during the conscien- persede, conflict with, or otherwise alter the MENT IN EFFECT BEFORE THE EFFECTIVE DATE.— tious carrying out of official duties¿; or employee obligations, rights, or liabilities With respect to a nondisclosure policy, form, or (II) gross mismanagement, a gross waste of created by Executive Order 13526 (75 Fed. agreement that was in effect before the effective funds, an abuse of authority, or a substantial Reg. 707; relating to classified national secu- date of this Act, but that does not contain the and specific danger to public health or safe- rity information), or any successor thereto; statement required under paragraph (1) for im- ty; and Executive Order 12968 (60 Fed. Reg. 40245; re- plementation or enforcement— (ii) the disclosure is made to the Special lating to access to classified information), or (i) it shall not be a prohibited personnel prac- Counsel, or to the Inspector General of an any successor thereto; section 7211 of title 5, tice to enforce that policy, form, or agreement

VerDate Mar 15 2010 03:33 May 09, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 6333 E:\CR\FM\A08MY6.007 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2981 with regard to a current employee if the agency SEC. 117. ALTERNATIVE REVIEW. this title and assigned to the case, or any gives such employee notice of the statement; and (a) IN GENERAL.—Section 1221 of title 5, employee of the Board designated by the United States Code, is amended by adding at (ii) it shall not be a prohibited personnel prac- Board and assigned to the case; and the end the following: ‘‘(ii) such employee has not previously tice to enforce that policy, form, or agreement ‘‘(k)(1) In this subsection, the term ‘appro- after the effective date of this Act with regard to filed a motion under clause (i) related to priate United States district court’, as used that request for corrective action or that ap- a former employee if the agency complies with with respect to an alleged prohibited per- paragraph (2). peal; and sonnel practice, means the United States dis- ‘‘(C) the Board, any administrative law (b) PERSONS OTHER THAN GOVERNMENT EM- trict court for the judicial district in judge appointed by the Board under section PLOYEES.—Notwithstanding subsection (a), a which— 3105 of this title and assigned to the case, or nondisclosure policy, form, or agreement ‘‘(A) the prohibited personnel practice is any employee of the Board designated by the that is to be executed by a person connected alleged to have been committed; or Board and assigned to the case certifies with the conduct of an intelligence or intel- ‘‘(B) the employee, former employee, or ap- that— ligence-related activity, other than an em- plicant for employment allegedly affected by ‘‘(i) under the standards østandard¿ applica- ployee or officer of the United States Gov- such practice resides. ble to the review of motions to dismiss under ernment, may contain provisions appropriate ‘‘(2)(A) An employee, former employee, or rule 12(b)(6) of the Federal Rules of Civil to the particular activity for which such doc- applicant for employment in any case to Procedure, including rule 12(d), the request ument is to be used. Such policy, form, or which paragraph (3) or (4) applies may file an for corrective action or the appeal (including agreement shall, at a minimum, require that action at law or equity for de novo review in any allegations made with the motion under the appropriate United States district court the person will not disclose any classified in- subparagraph (B)) would not be subject to in accordance with this subsection. formation received in the course of such ac- dismissal; and ‘‘(B) Upon initiation of any action under tivity unless specifically authorized to do so ‘‘(ii)(I) the Board is not likely to dispose of subparagraph (A), the Board shall stay any by the United States Government. Such non- the case within 270 days after the date on other claims of such employee, former em- disclosure policy, form, or agreement shall which øa¿the request for øthat¿ corrective ployee, or applicant pending before the also make it clear that such forms do not bar action or the appeal has been duly submitted; Board at that time which arise out of the disclosures to Congress or to an authorized or same set of operative facts. Such claims official of an executive agency or the Depart- ‘‘(II) the case— shall be stayed pending completion of the ac- ment of Justice that are essential to report- ‘‘(aa) consists of multiple claims; tion filed under subparagraph (A) before the ing a substantial violation of law, consistent ‘‘(bb) requires complex or extensive dis- appropriate United States district court and with the protection of sources and methods. covery; any associated appellate review. SEC. 116. REPORTING REQUIREMENTS. ‘‘(3) This paragraph applies in any case in ‘‘(cc) arises out of the same set of opera- which— tive facts as any civil action against the (a) GOVERNMENT ACCOUNTABILITY OFFICE.— ‘‘(A) an employee, former employee, or ap- Government filed by the employee, former (1) REPORT.—Not later than ø40 months¿ 48 plicant for employment— employee, or applicant pending in a Federal months after the date of enactment of this ‘‘(i) seeks corrective action from the Merit court; or Act, the Comptroller General shall submit a Systems Protection Board under section ‘‘(dd) involves a novel question of law. report to the Committee on Homeland Secu- 1221(a) based on an alleged prohibited per- ‘‘(5) The Board shall grant or deny any mo- rity and Governmental Affairs of the Senate sonnel practice described in section 2302(b) tion requesting a certification described and the Committee on Oversight and Govern- (8) or (9) (A)(i), (B), (C), or (D) for which the under paragraph (4)(ii) within 90 days after ment Reform of the House of Representa- associated personnel action is an action cov- the submission of such motion and the Board tives on the implementation of this title. ered under section 7512 or 7542; or may not issue a decision on the merits of a (2) CONTENTS.—The report under this para- ‘‘(ii) files an appeal under section 7701(a) request for corrective action within 15 days graph shall include— alleging as an affirmative defense the com- after granting or denying a motion request- (A) an analysis of any changes in the num- mission of a prohibited personnel practice ing certification. ber of cases filed with the United States described in section 2302(b) (8) or (9) (A)(i), ‘‘(6)(A) Any decision of the Board, any ad- Merit Systems Protection Board alleging (B), (C), or (D) for which the associated per- ministrative law judge appointed by the violations of section 2302(b) (8) or (9) of title sonnel action is an action covered under sec- Board under section 3105 of this title and as- 5, United States Code, since the effective tion 7512 or 7542; signed to the case, or any employee of the date of this Act; ‘‘(B) no final order or decision is issued by Board designated by the Board and assigned (B) the outcome of the cases described the Board within 270 days after the date on to the case to grant or deny a certification under subparagraph (A), including whether which a request for that corrective action or described under paragraph (4)(ii) shall be re- or not the United States Merit Systems Pro- appeal has been duly submitted, unless the viewed on appeal of a final order or decision tection Board, the Federal Circuit Court of Board determines that the employee, former of the Board under section 7703 only if— Appeals, or any other court determined the employee, or applicant for employment en- ‘‘(i) a motion requesting a certification allegations to be frivolous or malicious; gaged in conduct intended to delay the was denied; and (C) an analysis of the outcome of cases de- issuance of a final order or decision by the ‘‘(ii) the reviewing court vacates the deci- scribed under subparagraph (A) that were de- Board; and sion of the Board on the merits of the claim cided by a United States District Court and ‘‘(C) such employee, former employee, or under the standards set forth in section the impact the process has on the Merit Sys- applicant provides written notice to the 7703(c). tems Protection Board and the Federal court Board of filing an action under this sub- ‘‘(B) The decision to deny the certification system; and section before the filing of that action. shall be overturned by the reviewing court, (D) any other matter as determined by the ‘‘(4) This paragraph applies in any case in and an order granting certification shall be Comptroller General. which— issued by the reviewing court, if such deci- (b) MERIT SYSTEMS PROTECTION BOARD.— ‘‘(A) an employee, former employee, or ap- sion is found to be arbitrary, capricious, or (1) IN GENERAL.—Each report submitted an- plicant for employment— an abuse of discretion. nually by the Merit Systems Protection ‘‘(i) seeks corrective action from the Merit ‘‘(C) The reviewing court’s decision shall Board under section 1116 of title 31, United Systems Protection Board under section not be considered evidence of any determina- States Code, shall, with respect to the period 1221(a) based on an alleged prohibited per- tion by the Board, any administrative law covered by such report, include as an adden- sonnel practice described in section 2302(b) judge appointed by the Board under section dum the following: (8) or (9) (A)(i), (B), (C), or (D) for which the 3105 of this title, or any employee of the (A) Information relating to the outcome of associated personnel action is an action cov- Board designated by the Board on the merits cases decided during the applicable year of ered under section 7512 or 7542; or of the underlying allegations during the the report in which violations of section ‘‘(ii) files an appeal under section 7701(a) course of any action at law or equity for de 2302(b) (8) or (9) (A)(i), (B)(i), (C), or (D) of ø(1)¿ alleging as an affirmative defense the novo review in the appropriate United States title 5, United States Code, were alleged. commission of a prohibited personnel prac- district court in accordance with this sub- (B) The number of such cases filed in the tice described in section 2302(b) (8) or (9) section. regional and field offices, the number of peti- (A)(i), (B), (C), or (D) for which the associ- ‘‘(7) In any action filed under this sub- tions for review filed in such cases, and the ated personnel action is an action covered section— outcomes of such cases. under section 7512 or 7542; ‘‘(A) the district court shall have jurisdic- (2) FIRST REPORT.—The first report de- ‘‘(B)(i) within 30 days after the date on tion without regard to the amount in con- scribed under paragraph (1) submitted after which the request for corrective action or troversy; the date of enactment of this Act shall in- appeal was duly submitted, such employee, ‘‘(B) at the request of either party, such clude an addendum required under that sub- former employee, or applicant for employ- action shall be tried by the court with a paragraph that covers the period beginning ment files a motion requesting a certifi- jury; on øJanuary 1, 2009 through¿ the effective date cation consistent with subparagraph (C) to ‘‘(C) the court— of this Act and ending at the end of the fiscal the Board, any administrative law judge ap- ‘‘(i) subject to clause (iii), shall apply the year ø2009¿ in which such effective date occurs. pointed by the Board under section 3105 of standards set forth in subsection (e); and

VerDate Mar 15 2010 05:25 May 09, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.007 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2982 CONGRESSIONAL RECORD — SENATE May 8, 2012 ‘‘(ii) may award any relief which the court (1) in subsection (a)(1), by adding at the (1) by striking ‘‘section 3(d)(1)’’ and insert- considers appropriate under subsection (g), end the following: ing ‘‘section 3(d)(1)(A)’’; and except— ‘‘(D) An employee of any agency, as that (2) by striking ‘‘section 3(d)(2)’’ and insert- ‘‘(I) relief for compensatory damages may term is defined under section 2302(a)(2)(C) of ing ‘‘section 3(d)(1)(B)’’. not exceed $300,000; and title 5, United States Code, who intends to (c) SUNSET.— ‘‘(II) relief may not include punitive dam- report to Congress a complaint or informa- (1) IN GENERAL.—The amendments made by ages; and tion with respect to an urgent concern may this section shall cease to have effect on the ‘‘(iii) notwithstanding subsection (e)(2), report the complaint or information to the date that is 5 years after the date of enact- may not order relief if the agency dem- Inspector General (or designee) of the agency ment of this Act. onstrates by a preponderance of the evidence øof¿ at which that employee is employed.’’; (2) RETURN TO PRIOR AUTHORITY.—Upon the that the agency would have taken the same (2) in subsection (c), by striking ‘‘intel- date described in paragraph (1), section 3(d) personnel action in the absence of such dis- ligence committees’’ and inserting ‘‘appro- and section 8D(j) of the Inspector General closure; and priate committees’’; Act of 1978 (5 U.S.C. App.) shall read as such ‘‘(D) the Special Counsel may not rep- (3) in subsection (d)— sections read on the day before the date of resent the employee, former employee, or ap- (A) in paragraph (1), by striking ‘‘either or enactment of this Act. plicant for employment. both of the intelligence committees’’ and in- TITLE II—INTELLIGENCE COMMUNITY ‘‘(8) An appeal from a final decision of a serting ‘‘any of the appropriate commit- WHISTLEBLOWER PROTECTIONS district court in an action under this sub- tees’’; and section shall be taken to the Court of Ap- SEC. 201. PROTECTION OF INTELLIGENCE COM- (B) in paragraphs (2) and (3), by striking MUNITY WHISTLEBLOWERS. peals for the Federal Circuit or any court of ‘‘intelligence committees’’ each place that (a) IN GENERAL.—Chapter 23 of title 5, appeals of competent jurisdiction. term appears and inserting ‘‘appropriate ‘‘(9) This subsection applies with respect to United States Code, is amended by inserting committees’’; any appeal, petition, or other request for after section 2303 the following: (4) in subsection (h)— corrective action duly submitted to the ‘‘§ 2303A. Prohibited personnel practices in (A) in paragraph (1)— Board, whether under section 1214(b)(2), the the intelligence community (i) in subparagraph (A), by striking ‘‘intel- preceding provisions of this section, section ‘‘(a) DEFINITIONS.—In this section— ligence’’; and 7513(d), section 7701, or any otherwise appli- ‘‘(1) the term ‘agency’ means an executive (ii) in subparagraph (B), by inserting ‘‘or cable provisions of law, rule, or regulation.’’. department or independent establishment, as an activity involving classified information’’ (b) SUNSET.— defined under sections 101 and 104, that con- after ‘‘an intelligence activity’’; and (1) IN GENERAL.—Except as provided under tains an intelligence community element, (B) by striking paragraph (2), and inserting paragraph (2), the amendments made by this except the Federal Bureau of Investigation; the following: section shall cease to have effect 5 years ‘‘(2) the term ‘intelligence community ele- ‘‘(2) The term ‘appropriate committees’ after the effective date of this Act. ment’— means the Permanent Select Committee on (2) PENDING CLAIMS.—The amendments ‘‘(A) means— Intelligence of the House of Representatives made by this section shall continue to apply ‘‘(i) the Central Intelligence Agency, the and the Select Committee on Intelligence of with respect to any claim pending before the Defense Intelligence Agency, the National the Senate, except that with respect to dis- Board on the last day of the 5-year period de- Geospatial-Intelligence Agency, the National closures made by employees described in scribed under paragraph (1). Security Agency, the Office of the Director subsection (a)(1)(D), the term ‘appropriate SEC. 118. MERIT SYSTEMS PROTECTION BOARD of National Intelligence, and the National committees’ means the committees of appro- SUMMARY JUDGMENT. Reconnaissance Office; and priate jurisdiction.’’. (a) IN GENERAL.—Section 1204(b) of title 5, ‘‘(ii) any executive agency or unit thereof United States Code, is amended— SEC. 120. WHISTLEBLOWER PROTECTION OM- determined by the President under section (1) by redesignating paragraph (3) as para- BUDSMAN. 2302(a)(2)(C)(ii) of title 5, United States Code, graph (4); (a) IN GENERAL.—Section 3 of the Inspector to have as its principal function the conduct (2) by inserting after paragraph (2) the fol- General Act of 1978 (5 U.S.C. App.) is amend- of foreign intelligence or counterintelligence lowing: ed by striking subsection (d) and inserting activities; and ‘‘(3) With respect to a request for correc- the following: ‘‘(B) does not include the Federal Bureau tive action based on an alleged prohibited ‘‘(d)(1) Each Inspector General shall, in ac- of Investigation; and personnel practice described in section cordance with applicable laws and regula- ‘‘(3) the term ‘personnel action’ means any 2302(b) (8) or (9) (A)(i), (B), (C), or (D) for tions governing the civil service— action described in clauses (i) through (x) of which the associated personnel action is an ‘‘(A) appoint an Assistant Inspector Gen- action covered under section 7512 or 7542, the eral for Auditing who shall have the respon- section 2302(a)(2)(A) with respect to an em- Board, any administrative law judge ap- sibility for supervising the performance of ployee in a position in an intelligence com- pointed by the Board under section 3105 of auditing activities relating to programs and munity element (other than a position of a this title, or any employee of the Board des- operations of the establishment; confidential, policy-determining, policy- ignated by the Board may, with respect to ‘‘(B) appoint an Assistant Inspector Gen- making, or policy-advocating character). ‘‘(b) IN GENERAL.—Any employee of an any party, grant a motion for summary judg- eral for Investigations who shall have the re- agency who has authority to take, direct ment when the Board or the administrative sponsibility for supervising the performance law judge determines that there is no gen- of investigative activities relating to such others to take, recommend, or approve any uine issue as to any material fact and that programs and operations; and personnel action, shall not, with respect to the moving party is entitled to a judgment ‘‘(C) designate a Whistleblower Protection such authority, take or fail to take a per- as a matter of law.’’. Ombudsman who shall educate agency em- sonnel action with respect to any employee (b) SUNSET.— ployees— of an intelligence community element as a (1) IN GENERAL.—Except as provided under ‘‘(i) about prohibitions on retaliation for reprisal for a disclosure of information by paragraph (2), the amendments made by this protected disclosures; and the employee to the Director of National In- section shall cease to have effect 5 years ‘‘(ii) who have made or are contemplating telligence (or an employee designated by the after the effective date of this Act. making a protected disclosure about the Director of National Intelligence for such (2) PENDING CLAIMS.—The amendments rights and remedies against retaliation for purpose), or to the head of the employing made by this section shall continue to apply protected disclosures. agency (or an employee designated by the with respect to any claim pending before the ‘‘(2) The Whistleblower Protection Om- head of that agency for such purpose), which Board on the last day of the 5-year period de- budsman shall not act as a legal representa- the employee reasonably believes evi- scribed under paragraph (1). tive, agent, or advocate of the employee or dences— SEC. 119. DISCLOSURES OF CLASSIFIED INFOR- former employee. ‘‘(1) a violation of any law, rule, or MATION. ‘‘(3) For the purposes of this section, the regulationø, except for an alleged violation (a) PROHIBITED PERSONNEL PRACTICES.— requirement of the designation of a Whistle- that occurs during the conscientious car- Section 2302(b)(8) of title 5, United States blower Protection Ombudsman under para- rying out of official duties¿; or Code, is amended— graph (1)(C) shall not apply to— ‘‘(2) mismanagement, a gross waste of (1) in subparagraph (A), by striking ‘‘or’’ ‘‘(A) any agency that is an element of the funds, an abuse of authority, or a substantial after the semicolon; intelligence community (as defined in sec- and specific danger to public health or safe- (2) in subparagraph (B), by adding ‘‘or’’ tion 3(4) of the National Security Act of 1947 ty. after the semicolon; and (50 U.S.C. 401a(4))); or ‘‘(c) ENFORCEMENT.—The President shall (3) by adding at the end the following: ‘‘(B) as determined by the President, any provide for the enforcement of this section in ‘‘(C) any communication that complies executive agency or unit thereof the prin- a manner consistent with applicable provi- with subsection (a)(1), (d), øor¿ and (h) of sec- cipal function of which is the conduct of for- sions of sections 1214 and 1221. tion 8H of the Inspector General Act of 1978 eign intelligence or counter intelligence ac- ‘‘(d) EXISTING RIGHTS PRESERVED.—Noth- (5 U.S.C. App.);’’. tivities.’’. ing in this section shall be construed to— (b) INSPECTOR GENERAL ACT OF 1978.—Sec- (b) TECHNICAL AND CONFORMING AMEND- ‘‘(1) preempt or preclude any employee, or tion 8H of the Inspector General Act of 1978 MENT.—Section 8D(j) of the Inspector Gen- applicant for employment, at the Federal (5 U.S.C. App.) is amended— eral Act of 1978 (5 U.S.C. App.) is amended— Bureau of Investigation from exercising

VerDate Mar 15 2010 05:25 May 09, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.007 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2983 rights currently provided under any other the impartial fact-finder to the agency head of law in connection with an audit, inspec- law, rule, or regulation, including section or the designee of the agency head, unless— tion, or investigation conducted by the In- 2303; ‘‘(i) the employee and the agency con- spector General, ‘‘(2) repeal section 2303; or cerned agree to an extension; or if the actions described under subparagraphs ‘‘(ii) the impartial fact-finder determines ‘‘(3) provide the President or Director of (D) through (F) do not result in the employee National Intelligence the authority to revise in writing that a greater period of time is re- or applicant unlawfully disclosing informa- regulations related to section 2303, codified quired in the interest of fairness or national tion specifically required by Executive order in part 27 of the Code of Federal Regula- security; to be kept classified in the interest of nations.’’. ‘‘(F) for the use of information specifically tional defense or the conduct of foreign af- (b) TECHNICAL AND CONFORMING AMEND- required by Executive order to be kept clas- fairs. MENT.—The table of sections for chapter 23 of sified in the interest of national defense or title 5, United States Code, is amended by in- the conduct of foreign affairs in a manner ‘‘(2) RULE OF CONSTRUCTION.—Consistent serting after the item relating to section 2303 consistent with the interests of national se- with the protection of sources and methods, the following: curity, including ex parte submissions if the nothing in paragraph (1) shall be construed to authorize the withholding of information ‘‘2303A. Prohibited personnel practices in the agency determines that the interests of na- intelligence community.’’. tional security so warrant; and from the Congress or the taking of any per- ‘‘(G) that the employee or former employee sonnel action against an employee who dis- SEC. 202. REVIEW OF SECURITY CLEARANCE OR shall have no right to compel the production ACCESS DETERMINATIONS. closes information to the Congress. of information specifically required by Exec- ‘‘(3) DISCLOSURES.— (a) IN GENERAL.—Section 3001(b) of the In- utive order to be kept classified in the inter- telligence Reform and Terrorism Prevention ‘‘(A) IN GENERAL.—A disclosure shall not be est of national defense or the conduct of for- Act of 2004 (50 U.S.C. 435b(b)) is amended— excluded from paragraph (1) because— eign affairs, except evidence necessary to es- (1) in the matter preceding paragraph (1), ‘‘(i) the disclosure was made to a person, tablish that the employee made the disclo- by striking ‘‘Not’’ and inserting ‘‘Except as including a supervisor, who participated in sure or communication such employee al- otherwise provided, not’’; an activity that the employee reasonably be- leges was protected by subparagraphs (A), lieved to be covered by paragraph (1)(A)(ii); (2) in paragraph (5), by striking ‘‘and’’ (B), and (C) of subsection (j)(1).’’. ‘‘(ii) the disclosure revealed information after the semicolon; (b) RETALIATORY REVOCATION OF SECURITY that had been previously disclosed; (3) in paragraph (6), by striking the period CLEARANCES AND ACCESS DETERMINATIONS.— at the end and inserting ‘‘; and’’; and Section 3001 of the Intelligence Reform and ‘‘(iii) of the employee’s motive for making (4) by inserting after paragraph (6) the fol- Terrorism Prevention Act of 2004 (50 U.S.C. the disclosure; lowing: 435b) is amended by adding at the end the ‘‘(iv) the disclosure was not made in writ- ‘‘(7) not later than 180 days after the date following: ing; of enactment of the Whistleblower Protec- ‘‘(j) RETALIATORY REVOCATION OF SECURITY ‘‘(v) the disclosure was made while the em- tion Enhancement Act of 2011— CLEARANCES AND ACCESS DETERMINATIONS.— ployee was off duty; or ‘‘(A) developing policies and procedures ‘‘(1) IN GENERAL.—Agency personnel with ‘‘(vi) of the amount of time which has that permit, to the extent practicable, indi- authority over personnel security clearance passed since the occurrence of the events de- viduals who øchallenge¿ in good faith appeal or access determinations shall not take or scribed in the disclosure. a determination to suspend or revoke a secu- fail to take, or threaten to take or fail to ‘‘(B) REPRISALS.—If a disclosure is made rity clearance or access to classified infor- take, any action with respect to any employ- during the normal course of duties of an em- mation to retain their government employee’s security clearance or access determina- ployee, the disclosure shall not be excluded ment status while such challenge is pending; tion because of— from paragraph (1) if any employee who has ‘‘(A) any disclosure of information to the and authority to take, direct others to take, rec- ‘‘(B) developing and implementing uniform Director of National Intelligence (or an em- ommend, or approve any personnel action and consistent policies and procedures to en- ployee designated by the Director of Na- with respect to the employee making the dis- sure proper protections during the process tional Intelligence for such purpose) or the closure, took, failed to take, or threatened for denying, suspending, or revoking a secu- head of the employing agency (or employee rity clearance or access to classified infor- designated by the head of that agency for to take or fail to take a personnel action mation, including the provision of a right to such purpose) by an employee that the em- with respect to that employee in reprisal for appeal such a denial, suspension, or revoca- ployee reasonably believes evidences— the disclosure. tion, except that there shall be no appeal of ‘‘(i) a violation of any law, rule, or ‘‘(4) AGENCY ADJUDICATION.— an agency’s suspension of a security clear- regulationø, and occurs during the conscien- ‘‘(A) REMEDIAL PROCEDURE.—An employee ance or access determination for purposes of tious carrying out of official duties¿; or or former employee who believes that he or conducting an investigation, if that suspen- ‘‘(ii) gross mismanagement, a gross waste she has been subjected to a reprisal prohib- sion lasts no longer than 1 year or the head of funds, an abuse of authority, or a substan- ited by paragraph (1) of this subsection may, of the agency certifies that a longer suspen- tial and specific danger to public health or within 90 days after the issuance of notice of sion is needed before a final decision on de- safety; such decision, appeal that decision within nial or revocation to prevent imminent harm ‘‘(B) any disclosure to the Inspector Gen- the agency of that employee or former em- to the national security. eral of an agency or another employee des- ployee through proceedings authorized by ‘‘Any limitation period applicable to an ignated by the head of the agency to receive paragraph (7) of subsection (a), except that agency appeal under paragraph (7) shall be such disclosures, of information which the there shall be no appeal of an agency’s sus- tolled until the head of the agency (or in the employee reasonably believes evidences— pension of a security clearance or access de- case of any component of the Department of ‘‘(i) a violation of any law, rule, or termination for purposes of conducting an Defense, the Secretary of Defense) deter- regulationø, and occurs during the conscien- investigation, if that suspension lasts not mines, with the concurrence of the Director tious carrying out of official duties¿; or longer than 1 year (or a longer period in ac- of National Intelligence, that the policies ‘‘(ii) gross mismanagement, a gross waste cordance with a certification made under and procedures described in paragraph (7) of funds, an abuse of authority, or a substan- subsection (b)(7)). have been established for the agency or the tial and specific danger to public health or ‘‘(B) CORRECTIVE ACTION.—If, in the course Director of National Intelligence promul- safety; of proceedings authorized under subpara- gates the policies and procedures under para- ‘‘(C) any communication that complies graph (A), it is determined that the adverse graph (7). The policies and procedures for ap- with— security clearance or access determination peals developed under paragraph (7) shall be ‘‘(i) subsection (a)(1), (d), øor¿ and (h) of violated paragraph (1) of this subsection, the comparable to the policies and procedures section 8H of the Inspector General Act of agency shall take specific corrective action pertaining to prohibited personnel practices 1978 (5 U.S.C. App.); defined under section 2302(b)(8) of title 5, ‘‘(ii) subsection (d)(5)(A), (D), øor¿ and (G) to return the employee or former employee, United States Code, and provide— of section 17 of the Central Intelligence as nearly as practicable and reasonable, to ‘‘(A) for an independent and impartial fact- Agency Act of 1949 (50 U.S.C. 403q); or the position such employee or former em- finder; ‘‘(iii) subsection (k)(5)(A), (D), øor¿ and (G), ployee would have held had the violation not ‘‘(B) for notice and the opportunity to be of section 103H of the National Security Act occurred. Such corrective action shall in- heard, including the opportunity to present of 1947 (50 U.S.C. 403–3h); clude reasonable attorney’s fees and any relevant evidence, including witness testi- ‘‘(D) the exercise of any appeal, complaint, other reasonable costs incurred, and may in- mony; or grievance right granted by any law, rule, clude back pay and related benefits, travel ‘‘(C) that the employee or former employee or regulation; expenses, and compensatory damages not to may be represented by counsel; ‘‘(E) testifying for or otherwise lawfully exceed $300,000. ‘‘(D) that the employee or former employee assisting any individual in the exercise of ‘‘(C) CONTRIBUTING FACTOR.—In deter- has a right to a decision based on the record any right referred to in subparagraph (D); or mining whether the adverse security clear- developed during the appeal; ‘‘(F) cooperating with or disclosing infor- ance or access determination violated para- ‘‘(E) that not more than 180 days shall pass mation to the Inspector General of an agen- graph (1) of this subsection, the agency shall from the filing of the appeal to the report of cy, in accordance with applicable provisions find that paragraph (1) of this subsection was

VerDate Mar 15 2010 05:25 May 09, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.007 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2984 CONGRESSIONAL RECORD — SENATE May 8, 2012 violated if a disclosure described in para- shall order the agency head to take specific ‘‘(9) The term ‘access determination’ graph (1) was a contributing factor in the ad- corrective action to return the employee or means the øprocess for determining¿ deter- verse security clearance or access deter- former employee, as nearly as practicable mination regarding whether an employee— mination taken against the individual, un- and reasonable, to the position such em- ‘‘(A) is eligible for access to classified in- less the agency demonstrates by a prepon- ployee or former employee would have held formation in accordance with Executive derance of the evidence that it would have had the violation not occurred. Such correc- Order 12968 (60 Fed. Reg. 40245; relating to ac- taken the same action in the absence of such tive action shall include reasonable attor- cess to classified information), or any suc- disclosure, giving the utmost deference to ney’s fees and any other reasonable costs in- cessor thereto, and Executive Order 10865 (25 the agency’s assessment of the particular curred, and may include back pay and re- Fed. Reg. 1583; relating to safeguarding clas- threat to the national security interests of lated benefits, travel expenses, and compen- sified information with industry); and the United States in the instant matter. satory damages not to exceed $300,000. The ‘‘(B) possesses a need to know under that ‘‘(5) APPELLATE REVIEW OF SECURITY CLEAR- Board may recommend, but may not order, Order.’’. ANCE ACCESS DETERMINATIONS BY DIRECTOR OF reinstatement or hiring of a former em- (d) RULE OF CONSTRUCTION.—Nothing in NATIONAL INTELLIGENCE.— ployee. The Board may order that the former section 3001 of the Intelligence Reform and ‘‘(A) DEFINITION.—In this paragraph, the employee be treated as though the employee Terrorism Prevention Act of 2004 (50 U.S.C. term ‘Board’ means the appellate review were transferring from the most recent posi- 435b), as amended by this Act, shall be con- board established under section 204 of the tion held when seeking other positions with- strued to require the repeal or replacement Whistleblower Protection Enhancement Act in the executive branch. Any corrective ac- of agency appeal procedures implementing of ø2011¿ 2012. tion shall not include the reinstating of any Executive Order 12968 (60 Fed. Reg. 40245; re- ‘‘(B) APPEAL.—Within 60 days after receiv- security clearance or access determination. lating to classified national security infor- ing notice of an adverse final agency deter- The agency head shall take the actions so or- mation), or any successor thereto, and Exec- mination under a proceeding under para- dered within 90 days, unless the Director of utive Order 10865 (25 Fed. Reg. 1583; relating graph (4), an employee or former employee National Intelligence, the Secretary of En- to safeguarding classified information with may appeal that determination to the Board. ergy, or the Secretary of Defense, in the case industry), or any successor thereto, that ‘‘(C) POLICIES AND PROCEDURES.—The of any component of the Department of De- meet the requirements of section 3001(b)(7) of Board, in consultation with the Attorney fense, determines that doing so would endan- such Act, as so amended. General, Director of National Intelligence, ger national security. SEC. 203. REVISIONS RELATING TO THE INTEL- and the Secretary of Defense, shall develop ‘‘(ii) RECOMMENDED ACTION.—If the Board LIGENCE COMMUNITY WHISTLE- and implement policies and procedures for finds that reinstating the employee or BLOWER PROTECTION ACT. adjudicating the appeals authorized by sub- former employee’s security clearance or ac- (a) IN GENERAL.—Section 8H of the Inspec- paragraph (B). The Director of National In- cess determination is clearly consistent with tor General Act of 1978 (5 U.S.C. App.) is telligence and Secretary of Defense shall the interests of national security, it shall amended— jointly approve any rules, regulations, or recommend such action to the head of the (1) in subsection (b)— guidance issued by the Board concerning the entity selected under subsection (b) and the (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and procedures for the use or handling of classi- head of the affected agency. (B) by adding at the end the following: fied information. ‘‘(2) If the head of an establishment deter- ‘‘(I) CONGRESSIONAL NOTIFICATION.— ‘‘(D) REVIEW.—The Board’s review shall be mines that a complaint or information ‘‘(i) ORDERS.—Consistent with the protec- on the complete agency record, which shall transmitted under paragraph (1) would cre- tion of sources and methods, at the time the be made available to the Board. The Board ate a conflict of interest for the head of the Board issues an order, the Chairperson of the may not hear witnesses or admit additional establishment, the head of the establishment Board shall notify— evidence. Any portions of the record that shall return the complaint or information to ‘‘(I) the Committee on Homeland Security were submitted ex parte during the agency the Inspector General with that determina- and Government Affairs of the Senate; proceedings shall be submitted ex parte to tion and the Inspector General shall make ‘‘(II) the Select Committee on Intelligence the Board. the transmission to the Director of National of the Senate; ‘‘(E) FURTHER FACT-FINDING OR IMPROPER Intelligence and, if the establishment is within ‘‘(III) the Committee on Oversight and DENIAL.—If the Board concludes that further the Department of Defense, to the Secretary of Government Reform of the House of Rep- fact-finding is necessary or finds that the Defense. In such a case, the requirements of resentatives; agency improperly denied the employee or this section for the head of the establish- ‘‘(IV) the Permanent Select Committee on former employee the opportunity to present ment apply to øthe recipient¿ each recipient Intelligence of the House of Representatives; evidence that, if admitted, would have a sub- of the Inspector General’s transmission. and stantial likelihood of altering the outcome, øThe Director of National Intelligence¿ Each ‘‘(V) the committees of the Senate and the the Board shall remand the matter to the recipient of the Inspector General’s transmission House of Representatives that have jurisdic- agency from which it originated for addi- shall consult with the members of the appel- tion over the employing agency, including in tional proceedings in accordance with the late review board established under section the case of a final order or decision of the rules of procedure issued by the Board. 204 of the Whistleblower Protection En- Defense Intelligence Agency, the National ‘‘(F) DE NOVO DETERMINATION.—The Board hancement øReview¿ Act of ø2011¿ 2012 re- Geospatial-Intelligence Agency, the National shall make a de novo determination, based garding all transmissions under this para- Security Agency, or the National Reconnais- on the entire record and under the standards graph.’’; sance Office, the Committee on Armed Serv- specified in paragraph (4), of whether the em- (2) by designating subsection (h) as sub- ices of the Senate and the Committee on ployee or former employee received an ad- section (i); and Armed Services of the House of Representa- verse security clearance or access deter- (3) by inserting after subsection (g), the tives. mination in violation of paragraph (1). In following: ‘‘(ii) RECOMMENDATIONS.—If the agency considering the record, the Board may weigh ‘‘(h) An individual who has submitted a head and the head of the entity selected the evidence, judge the credibility of wit- complaint or information to an Inspector under subsection (b) do not follow the nesses, and determine controverted ques- General under this section may notify any Board’s recommendation to reinstate a tions of fact. In doing so, the Board may con- member of Congress or congressional staff clearance, the head of the entity selected sider the prior fact-finder’s opportunity to member of the fact that such individual has under subsection (b) shall notify the com- see and hear the witnesses. made a submission to that particular Inspec- mittees described in subclauses (I) through ‘‘(G) ADVERSE SECURITY CLEARANCE OR AC- tor General, and of the date on which such (V) of clause (i). CESS DETERMINATION.—If the Board finds that submission was made.’’. the adverse security clearance or access de- ‘‘(6) JUDICIAL REVIEW.—Nothing in this sec- (b) CENTRAL INTELLIGENCE AGENCY.—Sec- termination violated paragraph (1), it shall tion shall be construed to permit or require tion 17(d)(5) of the Central Intelligence Agen- then separately determine whether rein- judicial review of any— cy Act of 1949 (50 U.S.C. 403q) is amended— stating the security clearance or access de- ‘‘(A) agency action under this section; or (1) in subparagraph (B)— termination is clearly consistent with the ‘‘(B) action of the appellate review board (A) by inserting ‘‘(i)’’ after ‘‘(B)’’; and interests of national security, with any established under section 204 of the Whistle- (B) by adding at the end the following: doubt resolved in favor of national security, blower Protection Enhancement Act of ‘‘(ii) If the Director determines that a com- under Executive Order 12968 (60 Fed. Reg. ø2011¿ 2012. plaint or information transmitted under 40245; relating to access to classified infor- ‘‘(7) PRIVATE CAUSE OF ACTION.—Nothing in paragraph (1) would create a conflict of in- mation) or any successor thereto (including this section shall be construed to permit, au- terest for the Director, the Director shall re- any adjudicative guidelines promulgated thorize, or require a private cause of action turn the complaint or information to the In- under such orders) or any subsequent Execu- to challenge the merits of a security clear- spector General with that determination and tive order, regulation, or policy concerning ance determination.’’. the Inspector General shall make the trans- access to classified information. (c) ACCESS DETERMINATION DEFINED.—Sec- mission to the Director of National Intel- ‘‘(H) REMEDIES.— tion 3001(a) of the Intelligence Reform and ligence. In such a case, the requirements of ‘‘(i) CORRECTIVE ACTION.—If the Board finds Terrorism Prevention Act of 2004 (50 U.S.C. this subsection for the Director apply to the that the adverse security clearance or access 435b(a)) is amended by adding at the end the ørecipient of the Inspector General’s submis- determination violated paragraph (1), it following: sion; and¿ Director of National Intelligence.

VerDate Mar 15 2010 05:25 May 09, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.007 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2985 The Director of National Intelligence shall con- community elements, for the purpose of hearing Ms. STABENOW. I ask unanimous sult with the members of the appellate review cases that arise in elements of the intelligence consent that the committee-reported board established under section 204 of the Whis- community; and amendments be agreed to, the bill, as tleblower Protection Enhancement Act of 2012 (ii) include the Inspector General of the Intel- regarding all transmissions under this clause.’’; ligence Community and the Inspector General of amended, be read a third time and and the Department of Defense. passed, the motion to reconsider be (2) by adding at the end the following: (c) REPORT ON THE STATUS OF IMPLEMENTA- laid upon the table, with no inter- ‘‘(H) An individual who has submitted a TION OF REGULATIONS.—Not later than 2 vening action or debate, and any re- complaint or information to the Inspector years after the date of enactment of this lated statements be printed in the General under this section may notify any Act, the Director of National Intelligence RECORD. member of Congress or congressional staff shall submit a report on the status of the im- The PRESIDING OFFICER. Without member of the fact that such individual has plementation of the regulations promulgated objection, it is so ordered. made a submission to the Inspector General, under subsection (b) to the congressional and of the date on which such submission oversight committees. The bill, (S. 743), as amended, was or- was made.’’. (d) NONAPPLICABILITY TO CERTAIN TERMI- dered to be engrossed for a third read- SEC. 204. REGULATIONS; REPORTING REQUIRE- NATIONS.—Section 2303A of title 5, United ing, was read the third time, and MENTS; NONAPPLICABILITY TO CER- States Code, as added by this Act, and sec- passed. TAIN TERMINATIONS. tion 3001 of the Intelligence Reform and Ter- f (a) DEFINITIONS.—In this section— rorism Prevention Act of 2004 (50 U.S.C. (1) the term ‘‘congressional oversight com- 435b), as amended by this Act, shall not BRIAN A. TERRY BORDER PATROL mittees’’ means— apply øto adverse security clearance or ac- STATION (A) the Committee on Homeland Security ¿ cess determinations if the affected em- Ms. STABENOW. Mr. President, I ask and Government Affairs of the Senate; ployee is concurrently terminated under— (B) the Select Committee on Intelligence (1) section 1609 of title 10, United States unanimous consent that the Senate of the Senate; Code; proceed to the consideration of Cal- (C) the Committee on Oversight and Gov- (2) the authority of the Director of Na- endar No. 390, H.R. 2668. ernment Reform of the House of Representa- tional Intelligence under section 102A(m) of The PRESIDING OFFICER. The tives; and the National Security Act of 1947 (50 U.S.C. clerk will report the bill by title. (D) the Permanent Select Committee on 403–1(m)), if— The assistant legislative clerk read Intelligence of the House of Representatives; (A) the Director personally summarily ter- as follows: and minates the individual; and (2) the term ‘‘intelligence community ele- (B) the Director— A bill (H.R. 2668) to designate the station ment’’— (i) determines the termination to be in the of the United States Border Patrol located at (A) means— interest of the United States; 2136 South Naco Highway in Bisbee, Arizona, (i) the Central Intelligence Agency, the De- (ii) determines that the procedures pre- as the ‘‘Brian A. Terry Border Patrol Sta- fense Intelligence Agency, the National scribed in other provisions of law that au- tion.’’ Geospatial-Intelligence Agency, the National thorize the termination of the employment There being no objection, the Senate Security Agency, the Office of the Director of such employee cannot be invoked in a proceeded to consider the bill. of National Intelligence, and the National manner consistent with the national secu- Mr. LEVIN. I am pleased that the Reconnaissance Office; and rity; and Senate will pass the Brian Terry Me- (ii) any executive agency or unit thereof (iii) not later than 5 days after such termi- morial Act today, and that it has the determined by the President under section nation, notifies the congressional oversight 2302(a)(2)(C)(ii) of title 5, United States Code, committees of the termination; overwhelming support of my col- to have as its principal function the conduct (3) the authority of the Director of the leagues. of foreign intelligence or counterintelligence Central Intelligence Agency under section Agent Terry, a native of Flat Rock, activities; and 104A(e) of the National Security Act of 1947 MI, dedicated his life to public service (B) does not include the Federal Bureau of (50 U.S.C. 403–4a(e)), if— and the protection of our country and Investigation. (A) the Director personally summarily ter- its citizens. He served honorably in the (b) REGULATIONS.— minates the individual; and U.S. Marine Corps and continued his (1) IN GENERAL.—øThe¿ In consultation with (B) the Director— the Secretary of Defense, the Director of Na- service as a police officer with the cit- (i) determines the termination to be in the ies of Ecorse and Lincoln Park in tional Intelligence shall prescribe regula- interest of the United States; tions to ensure that a personnel action shall (ii) determines that the procedures pre- Michigan prior to joining the U.S. Bor- not be taken against an employee of an in- scribed in other provisions of law that au- der Patrol. He was a member of the telligence community element as a reprisal thorize the termination of the employment 699th Session of the Border Patrol for any disclosure of information described of such employee cannot be invoked in a Academy assigned to the Naco Border in section 2303A(b) of title 5, United States manner consistent with the national secu- Patrol Station within the Tucson Sec- Code, as added by this Act. rity; and tor. Tragically, in December 2010, while (2) APPELLATE REVIEW BOARD.—Not later (iii) not later than 5 days after such termi- than 180 days after the date of enactment of on patrol 14 miles north of the U.S.- nation, notifies the congressional oversight Mexico border, Agent Terry was shot this Act, the Director of National Intel- committees of the termination; or ligence, in consultation with the Secretary (4) section 7532 of title 5, United States and killed during an armed confronta- of Defense, the Attorney General, and the Code, if— tion with suspected criminals. heads of appropriate agencies, shall establish (A) the agency head personally terminates Agent Terry gave everything in the an appellate review board that is broadly the individual; and defense of our country. As we sit here representative of affected Departments and (B) the agency head— today, thousands of agents are putting agencies and is made up of individuals with (i) determines the termination to be in the their lives on the line to secure our expertise in merit systems principles and na- interest of the United States; tional security issues— borders and protect our Nation. Agent (ii) determines that the procedures pre- Terry exemplified that courage and (A) to hear whistleblower appeals related scribed in other provisions of law that au- to security clearance access determinations thorize the termination of the employment heroism, and we honor him today with described in section 3001(j) of the Intel- of such employee cannot be invoked in a this legislation that will designate the ligence Reform and Terrorism Prevention manner consistent with the national secu- station of the U.S. Border Patrol lo- Act of 2004 (50 U.S.C. 435b), as added by this rity; and cated at 2136 South Naco Highway in Act; and (iii) not later than 5 days after such termi- Bisbee, AZ, as the Brian A. Terry Bor- ø(B) that shall include a subpanel that re- nation, notifies the congressional oversight der Patrol Station. flects the composition of the intelligence committees of the termination. committee, which shall be composed of intel- I thank my colleagues for their sup- TITLE III—SAVINGS CLAUSE; EFFECTIVE ligence community elements and inspectors port of this worthy tribute to Agent DATE general from intelligence community ele- Terry. ments, for the purpose of hearing cases that SEC. 301. SAVINGS CLAUSE. Ms. STABENOW. Mr. President, I ask arise in elements of the intelligence commu- Nothing in this Act shall be construed to unanimous consent that the bill be nity.¿ imply any limitation on any protections afforded by any other provision of law to em- read a third time and passed, the mo- (B) that shall include a subpanel that reflects tions to reconsider be laid upon the the composition of the intelligence community, ployees and applicants. which shall— SEC. 302. EFFECTIVE DATE. table, with no intervening action or de- (i) be composed of intelligence community ele- This Act shall take effect 30 days after the bate, and any related statements be ments and inspectors general from intelligence date of enactment of this Act. printed in the RECORD.

VerDate Mar 15 2010 03:33 May 09, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A08MY6.007 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE S2986 CONGRESSIONAL RECORD — SENATE May 8, 2012 The PRESIDING OFFICER. Without ability requirements under the Elementary row. We expect to equally divide the objection, it is so ordered. and Secondary Education Act of 1965 (20 first hour, with the Republicans con- The bill (H.R. 2668) was ordered to a U.S.C. 6301 et seq.) in the same manner as trolling the first 30 minutes and the third reading, was read the third time, traditional public schools; majority controlling the second 30 min- Whereas charter schools often set higher and passed. and additional individual goals than the re- utes. f quirements of the Elementary and Sec- f CONGRATULATING CHARTER ondary Education Act of 1965 (20 U.S.C. 6301 et seq.) to ensure that charter schools are of ADJOURNMENT UNTIL 9:30 A.M. SCHOOLS ACROSS THE UNITED high quality and truly accountable to the TOMORROW STATES public; Ms. STABENOW. Mr. President, if Ms. STABENOW. Mr. President, I ask Whereas charter schools— there is no further business to come be- unanimous consent that the Senate (1) give parents the freedom to choose pub- fore the Senate, I ask unanimous con- proceed to the consideration of S. Res. lic schools; (2) routinely measure parental satisfaction sent that it adjourn under the previous 447, submitted early today. levels; and order. The PRESIDING OFFICER. The (3) must prove their ongoing success to There being no objection, the Senate, clerk will report the resolution by parents, policymakers, and the communities at 6:47 p.m., adjourned until Wednes- title. served by the charter schools; day, May 9, 2012, at 9:30 a.m. The assistant legislative clerk read Whereas more than 50 percent of charter f as follows: schools report having a waiting list, and the A resolution (S. Res. 447) congratulating total number of students on all such waiting NOMINATIONS the students, parents, teachers, and adminis- lists is enough to fill more than 1,100 average-sized charter schools; and Executive nominations received by trators of charter schools across the United the Senate: States for ongoing contributions to edu- Whereas the 13th annual National Charter cation, and supporting the ideals and goals Schools Week is scheduled to be held May 6 NATIONAL FOUNDATION ON THE ARTS AND THE of the 13th annual National Charter Schools through May 12, 2012: Now, therefore, be it HUMANITIES Week, to be held May 6 through May 12, 2012. Resolved, That the Senate— MARIA LOPEZ DE LEON, OF TEXAS, TO BE A MEMBER (1) congratulates the students, parents, OF THE NATIONAL COUNCIL ON THE ARTS FOR A TERM There being no objection, the Senate teachers, and administrators of charter EXPIRING SEPTEMBER 3, 2016, VICE JAMES BALLINGER, TERM EXPIRED. proceeded to consider the resolution. schools across the United States for— EMIL J. KANG, OF NORTH CAROLINA, TO BE A MEMBER Ms. STABENOW. Mr. President, I ask (A) ongoing contributions to education; OF THE NATIONAL COUNCIL ON THE ARTS FOR A TERM (B) the impressive strides made in closing EXPIRING SEPTEMBER 3, 2018, VICE BENJAMIN unanimous consent that the resolution DONENBERG, TERM EXPIRING. be agreed to, the preamble be agreed the persistent academic achievement gap in NUCLEAR REGULATORY COMMISSION to, the motions to reconsider be laid the United States; and upon the table, with no intervening ac- (C) improving and strengthening the public KRISTINE L. SVINICKI, OF VIRGINIA, TO BE A MEMBER school system in the United States; OF THE NUCLEAR REGULATORY COMMISSION FOR THE tion or debate, and any statements re- TERM OF FIVE YEARS EXPIRING JUNE 30, 2017. (RE- (2) supports the ideals and goals of the 13th APPOINTMENT) lated to the resolution be printed in annual National Charter Schools Week, a IN THE AIR FORCE the RECORD. week-long celebration to be held May 6 The PRESIDING OFFICER. Without through May 12, 2012, in communities THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT IN THE RESERVE objection, it is so ordered. throughout the United States; and OF THE AIR FORCE TO THE GRADE INDICATED WHILE AS- The resolution (S. Res. 447) was (3) encourages the people of the United SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- agreed to. States to hold appropriate programs, cere- BILITY UNDER TITLE 10, U.S.C., SECTION 601: The preamble was agreed to. monies, and activities during National Char- To be lieutenant general ter Schools Week to demonstrate support for MAJ. GEN. MICHAEL D. DUBIE The resolution, with its preamble, charter schools. reads as follows: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- S. RES. 447 CATED UNDER TITLE 10, U.S.C., SECTION 624: Whereas charter schools deliver high-qual- ORDERS FOR WEDNESDAY, MAY 9, To be brigadier general ity public education and challenge all stu- 2012 COL. BOBBY V. PAGE dents to reach their potential; Ms. STABENOW. Mr. President, I ask IN THE ARMY Whereas charter schools promote innova- unanimous consent that when the Sen- tion and excellence in public education; THE FOLLOWING ARMY NATIONAL GUARD OF THE ate completes its business today, it ad- UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- Whereas charter schools provide thousands SERVE OF THE ARMY TO THE GRADE INDICATED UNDER of families with diverse and innovative edu- journ until Wednesday, May 9, at 9:30 TITLE 10, U.S.C., SECTIONS 12203 AND 12211: cational options for their children; a.m.; that following the prayer and To be major general pledge, the Journal of proceedings be Whereas charter schools are public schools BRIG. GEN. WILLIAM R. PHILLIPS II authorized by a designated public entity approved to date, the morning hour be THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT that— deemed expired, and the time for the IN THE RESERVE OF THE ARMY TO THE GRADES INDI- (1) respond to the needs of communities, two leaders be reserved for their use CATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: families, and students in the United States; later in the day, and that the majority To be major general and leader be recognized. BRIGADIER GENERAL LESLIE J. CARROLL (2) promote the principles of quality, ac- BRIGADIER GENERAL BRYAN R. KELLY countability, choice, and innovation; The PRESIDING OFFICER. Without BRIGADIER GENERAL PETER S. LENNON objection, it is so ordered. BRIGADIER GENERAL GARY A. MEDVIGY Whereas, in exchange for flexibility and BRIGADIER GENERAL DAVID W. PUSTER autonomy, charter schools are held account- Ms. STABENOW. I suggest the ab- BRIGADIER GENERAL MEGAN P. TATU able by their sponsors for improving student sence of a quorum. BRIGADIER GENERAL DANIEL L. YORK achievement and for the financial and other The PRESIDING OFFICER. The BRIGADIER GENERAL JAMES V. YOUNG, JR. operations of the charter schools; clerk will call the roll. To be brigadier general Whereas 40 States, the District of Colum- The assistant legislative clerk pro- COLONEL DOUGLAS F. ANDERSON bia, and Guam have passed laws authorizing COLONEL DANNY C. BALDWIN ceeded to call the roll. COLONEL WILLIAM P. BARRIAGE charter schools; Ms. STABENOW. Mr. President, I ask COLONEL LEANNE P. BURCH Whereas, as of the date of approval of this COLONEL MITCHELL R. CHITWOOD resolution, 5,275 charter schools are serving unanimous consent that the order for COLONEL STEPHEN K. CURDA the quorum call be rescinded. COLONEL ARLAN M. DEBLIECK more than 2,000,000 children; COLONEL CHRIS R. GENTRY Whereas in fiscal year 2011 and the 18 pre- The PRESIDING OFFICER. Without COLONEL NORMAN B. GREEN vious fiscal years, Congress has provided a objection, it is so ordered. COLONEL LEWIS G. IRWIN total of more than $3,000,000,000 in financial COLONEL PHILLIP S. JOLLY f COLONEL ROBERT A. KARMAZIN assistance to the charter school movement COLONEL TROY D. KOK through grants for planning, startup, imple- PROGRAM COLONEL WILLIAM S. LEE mentation, dissemination, and facilities; COLONEL TAMMY S. SMITH Ms. STABENOW. Mr. President, it is COLONEL MICHAEL S. TUOMEY Whereas numerous charter schools improve IN THE NAVY the achievements of students and stimulate the majority leader’s intention to re- improvement in traditional public schools; sume the motion to proceed to S. 2343, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the Stop the Student Loan Interest IN THE UNITED STATES NAVY TO THE GRADE INDICATED Whereas charter schools are required to WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND meet the student achievement account- Rate Hike Act, upon convening tomor- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601:

VerDate Mar 15 2010 05:25 May 09, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 9801 E:\CR\FM\G08MY6.057 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE May 8, 2012 CONGRESSIONAL RECORD — SENATE S2987 To be vice admiral To be rear admiral (lower half) CAPT. LUTHER B. FULLER III THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT REAR ADM. THOMAS H. COPEMAN III CAPT. JOHN F. KIRBY IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED To be rear admiral (lower half) WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND UNDER TITLE 10, U.S.C., SECTION 624: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be rear admiral (lower half) CAPTAIN JOHN D. ALEXANDER CAPTAIN BRET C. BATCHELDER To be vice admiral CAPT. BRIAN B. BROWN CAPTAIN RONALD A. BOXALL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPTAIN ROBERT P. BURKE VICE ADM. RICHARD W. HUNT IN THE UNITED STATES NAVY TO THE GRADE INDICATED CAPTAIN DAVID J. HAHN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: CAPTAIN ALEXANDER L. KRONGARD IN THE UNITED STATES NAVY TO THE GRADE INDICATED CAPTAIN ANDREW L. LEWIS To be rear admiral (lower half) CAPTAIN BRUCE H. LINDSEY UNDER TITLE 10, U.S.C., SECTION 624: CAPTAIN DEE L. MEWBOURNE CAPT. BRUCE F. LOVELESS CAPTAIN JOHN P. NEAGLEY To be rear admiral (lower half) THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CAPTAIN PARTICK A. PIERCEY IN THE UNITED STATES NAVY TO THE GRADE INDICATED CAPT. PAUL A. SOHL CAPTAIN MARKHAM K. RICH UNDER TITLE 10, U.S.C., SECTION 624: CAPTAIN CHARLES A. RICHARD THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be rear admiral (lower half) CAPTAIN CYNTHIA M. THEBAUD IN THE UNITED STATES NAVY TO THE GRADE INDICATED CAPTAIN BRAD WILLIAMSON UNDER TITLE 10, U.S.C., SECTION 624: CAPT. BRIAN K. ANTONIO CAPTAIN RICKY L. WILLIAMSON

VerDate Mar 15 2010 03:33 May 09, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 9801 E:\CR\FM\A08MY6.002 S08MYPT1 tjames on DSK3TPTVN1PROD with SENATE