[Congressional Record (Bound Edition), Volume 158 (2012), Part 11]
[Senate]
[Pages 15099-15105]
[From the U.S. Government Publishing Office, www.gpo.gov]




         SPORTSMEN'S ACT OF 2012--MOTION TO PROCEED--Continued

  The ACTING PRESIDENT pro tempore. The Senator from Arkansas.


                       Honoring Our Armed Forces

                       Sergeant Jason M. Swindle

  Mr. BOOZMAN. Mr. President, at a time when we are seeing reports of 
violence in areas all around the world, we must never forget that the 
men and women of the U.S. military are out there fighting on our behalf 
day in and day out so we can live in a safe environment here at home. 
Our servicemembers are well aware of the risks they face as they serve 
this Nation, and it is our duty to do all we can to honor those who 
fight and pay the ultimate price for our freedoms.
  Today I am here to pay my respects to SGT Jason M. Swindle, an 
Arkansan who, at 24 years of age, laid down his life for our country 
while supporting Operation Enduring Freedom. Sergeant Swindle attended 
Cabot High School in Cabot, AR, and joined the Army in 2005. He was 
assigned to B Company, 1st Battalion, 64th Regiment, 3rd Infantry 
Division at Fort Stewart, GA. He was serving his third combat 
deployment. He was posthumously awarded the Bronze Star and a Purple 
Heart.
  His family and friends describe him as being a fun-loving guy who was 
very patriotic and very proud of the work he was doing in the Army.
  In addition to being a soldier, Sergeant Swindle was also a husband 
and a father. He leaves behind his wife Chelsey, who is currently 
expecting their second child, and a 1-year-old son, Paxton.
  Mr. President, it is people such as Jason Swindle who are the true 
American heroes. I ask my colleagues to keep his wife, children, and 
the rest of his family in their thoughts and prayers during this very 
difficult time. I humbly offer my sincerest gratitude to Jason for his 
selfless sacrifice in the service and defense of this great Nation.
  The PRESIDING OFFICER (Mr. Franken). The Senator from Kansas.
  Mr. MORAN. Mr. President, first I would like to add my condolences 
and sympathy to the family in honor of Sergeant Swindle. I appreciate 
what the Senator from Arkansas had to say, and I join all my colleagues 
in recognizing the sacrifice of this soldier and many others who have 
made such a tremendous sacrifice and have created opportunities for us 
as Americans.


                      Global Entrepreneurship Week

  Mr. President, we have just come through a divisive and expensive 
campaign. Hopefully that divisiveness and that expense is a thing of 
the past, and I come to the floor today--during Global Entrepreneurship 
Week--to ask my colleagues to now work together to pursue policies that 
are guaranteed to improve our economy. There have been too many 
opportunities in the past year to pursue issues and policies that 
divide us. Now we must come together around something that can unite 
us--entrepreneurship, innovation, and startup businesses.
  The story of America is really a story of entrepreneurs. Our history 
is filled with examples of determined individuals who risked their 
livelihoods to pursue ideas they believed could solve problems and 
improve the quality of life of people around the world. These 
entrepreneurs built the foundation of the American economy from its 
earliest days, pushing forward innovative solutions to some of our most 
complex problems.
  They pursued success, and that success built the American economy and 
the jobs it provides.
  Entrepreneurs have continued to be the driving force in the U.S. 
economic growth and expansion in recent times as well. Data from the 
Kauffman Foundation shows that between 1980 and 2005, companies less 
than 5 years old accounted for nearly all new jobs created in the 
United States. Since 1977--the first year data was collected--new 
businesses have created an average of 3 million jobs each year.
  At a time when millions of Americans remain out of work and our 
country is mired in debt, we need to do more to support the 
entrepreneurs who create American jobs and hold the promise of our 
growing economy.
  Started in 2008 by the Kauffman Foundation, Global Entrepreneurship

[[Page 15100]]

Week is a worldwide celebration of entrepreneurs and like-minded 
individuals. Since its founding, Global Entrepreneurship Week has grown 
to include 129 countries with some 35,000 activities that engage 
millions of people.
  In the United States, more than 1,300 partners are planning events in 
all 50 States this week. These events allow participants to interact 
with entrepreneurs and share their passion for innovation and 
creativity. In my home State of Kansas, 35 events are taking place this 
week. Last Friday, November 9, I participated in one of these events at 
the University of Kansas.
  To kick off this week, the University of Kansas Schools of Business, 
Engineering, and Journalism organized a half-day event to expose 
students to entrepreneurship as a career path, introduce students to 
startup companies in the region, and to learn the role of government in 
enabling entrepreneurship, innovation, and company creation, as well as 
the importance of our free market economy.
  While most of us think first of Silicon Valley as a hotbed of 
entrepreneurship in our country, entrepreneurs are found everywhere. In 
Kansas, we have a rich tradition of entrepreneurship. It is a place 
where innovators have felt free to pursue their ideas, start 
businesses, and pursue dreams. This tradition includes many stories of 
risk and reward--of entrepreneurs whose businesses succeeded when 
others were betting against them.
  Kansas's great entrepreneurs include Cleyson Brown, who founded Brown 
Telephone Company--now the Sprint Corporation--in the town of Abilene, 
KS; Walter Chrysler, of Chrysler Corporation, who began his career as a 
machinist in Ellis, KS; Clyde Cessna, who left the booming automobile 
industry to explore the exciting field of aviation. He founded Cessna 
Aircraft Corporation in Wichita in 1927; and, Dan and Frank Carney, who 
borrowed $600 from their mother to open their first Pizza Hut in 
Wichita in 1958.
  With persistence and hard work, these entrepreneurs and their 
businesses created thousands of jobs and grew into some of the world's 
most successful companies. Now a new generation of Kansas entrepreneurs 
is continuing that tradition.
  In Atwood, KS, SureFire Ag Systems has built products that specialize 
in the control and application of fertilizer, seed, and chemicals. 
These products have been delivered to customers in 42 of our States and 
internationally as well.
  In Leewood, KS, a company called Instin reimagined how students and 
teachers managed homework assignments by using mobile apps. Their app, 
myHomework, has been downloaded over 100,000 times in the Google Play 
Store alone.
  In Olathe, KS, Lantern Software is connecting homegrown businesses to 
new markets through high-value, real-time, location-based deals 
delivered to mobile devices.
  In today's high-tech economy, the future of Internet-based 
applications such as these is limitless, which is why Kansas 
entrepreneurs are excited about Google's decision to make Kansas home 
to a new fiber project.
  Google Fiber is equipping Kansas entrepreneurs for innovation that 
few places in the United States have. With Google Fiber, Kansans now 
have an opportunity to innovate on Google's ultra high-speed network, 
which is 100 times faster than typical high-speed Internet.
  Kansas City, which has set the goal of becoming America's Most 
Entrepreneurial City, is building what they call the Digital Sandbox, 
in partnership with many Kansas businesses. The goal of the Digital 
Sandbox is to significantly accelerate the development of information 
technology startups in Kansas City, where IT is already a major 
economic engine.
  These developments are empowering the next generation of Kansas 
entrepreneurs with new tools to innovate and build successful 
businesses.
  Today's entrepreneurs may use different technology to develop 
products and reach potential markets than their predecessors, but the 
work ethic and passion to do something new remains the same.
  This week, I encourage my colleagues to explore the impact of 
entrepreneurs in their communities and to engage with startup companies 
working to make the lives of Americans better.
  I met with entrepreneurs in Kansas and across the country during the 
last 18 months. The passion and creativity of these entrepreneurs has 
encouraged me. One refreshing observation is that these entrepreneurs, 
while competitive, want to see their fellow entrepreneurs succeed. They 
are also building new tools that empower others to make their 
businesses better.
  But in conversation after conversation, I have also learned there are 
common challenges these entrepreneurs face--some of which can be solved 
by Congress if we follow the entrepreneur's example of seizing an 
opportunity, rolling up our sleeves, and working together.
  Entrepreneurs in America are finding it increasingly difficult to 
start a business and to grow that business. Consider the following:
  In 2010, there were approximately 394,000 new businesses started in 
the United States. This, unfortunately, is the lowest number of new 
businesses since 1977. While these new businesses created more than 2.3 
million jobs, that number is well below the historical average and 
represents the third fewest number of jobs created by new businesses in 
more than 30 years. At the same time, at least seven other countries 
during this Congress have approved legislation to welcome and better 
support entrepreneurs while America has done nothing.
  To help more entrepreneurs start a business and to help those new 
businesses grow more quickly, I introduced Startup Act 2.0 with my 
colleagues Senator Warner, Senator Coons, and Senator Rubio. Startup 
Act 2.0 addresses critical needs facing entrepreneurs today. The 
legislation provides new opportunities for highly educated and 
entrepreneurial immigrants to stay in the United States where their 
talent can fuel economic growth and create jobs for Americans. By 
making new visas available for foreign students who graduate with an 
advanced degree in a STEM field from an American university, Startup 
Act 2.0 will provide a much needed way for fast-growing startups and 
businesses in America to get the talent they need to continue to grow 
and to create jobs. This is a critical and growing challenge.
  The Partnership for a New American Economy projects that the United 
States will face a shortfall of more than 223,000 workers with advanced 
degrees in STEM areas by 2018. If the current trend holds, there will 
only be 550,000 American workers with the needed skills--far short of 
the projected demand. Without these workers, American businesses will 
be at a distinct disadvantage and unable to grow in our country.
  Startup Act 2.0 also makes changes to the Tax Code that will help 
startups grow and create jobs. By exempting capital gains taxes on 
investments held in startups for 5 years or more, the bill would unlock 
$7.5 billion in new investment in startup. The legislation will also 
help universities bring good ideas to market by redirecting current 
grant dollars to support innovative university initiatives to 
accelerate commercialization.
  Finally, Startup Act 2.0 will make changes to the Federal regulatory 
process so the costs of new regulations do not outweigh the benefits 
and will encourage State and local policies that make starting 
businesses easier in their States.
  As our economy continues to struggle, Congress is left with two 
options: We can remain in gridlock, maintain the status quo, continue 
to leave Americans under- and unemployed, and spend away our future or 
we can work together to support the American entrepreneur and 
businessperson.
  This week, during Global Entrepreneurship Week, I urge my colleagues 
to join in the latter--in coming together behind commonsense 
legislation such as the Startup Act 2.0 to unleash the power of 
entrepreneurship in America. The result will be more new businesses, 
more new jobs, innovation that allows the United States to aggressively 
compete in a global economy, and the empowerment of every American to 
pursue the American dream.

[[Page 15101]]

  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. LAUTENBERG. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Coons). Without objection, it is so 
ordered.


                            Superstorm Sandy

  Mr. LAUTENBERG. Mr. President, we have come back here from a few 
turbulent weeks, and not the least of which is the continuation of 
President Obama with his work and his responsibilities. For most of us, 
I would say, that was a very positive thing. But something else 
happened during these very difficult weeks, and that was in my home 
State of New Jersey and the east coast. We were hit by storms never, 
never before seen in our State and maybe never ever to be seen in our 
country in terms of the volume of destruction.
  My home State of New Jersey is known for a number of things: being 
the home of innovators, such as Thomas Edison; the place where 
Alexander Hamilton--at my birthplace, Paterson, NJ--helped start the 
industrial revolution; and it is also known as a State with a beautiful 
seashore, recreation areas. Unfortunately, the wrath of Superstorm 
Sandy 2 weeks ago destroyed so much of our shore. Its storm surge 
wrecked boats, homes, and even took trains--whole trains--off the 
tracks. Its winds reached 89 miles an hour, uprooting trees across our 
State, destroying everything in its path, and leaving millions--2\1/2\ 
million--without electricity and staying in the dark.
  The force of this storm is so hard to describe in words, so I point 
out a picture here of one of our beachside communities, showing what 
was left of a house. The destruction was so total. And it was not just 
the possessions that were lost, it was the memorabilia, it was the 
pictures, it was the precious moments that were identified with 
trinkets or mementos. It was a terrible period. I am here to say that 
we are going to stand with those who have lost so much, and we are 
going to help them recover and rebuild their lives.
  Superstorm Sandy was one of the most powerful storms in American 
history, and it was the largest Atlantic hurricane on record, with wild 
winds that stretched more than 1,100 miles. We are aware of at least 
119 Americans who lost their lives as a result of this storm, including 
33 in my home State of New Jersey.
  The human toll of this storm defies description. Roughly 8 million 
homes lost power during this storm, including more than 2\1/2\ million 
in my home State. Food rotted in refrigerators, water treatment plants 
closed down, and when temperatures dropped, thousands were left cold 
and hungry and forced into hotels and temporary shelters. Many families 
slept in their cars to get out of the bad weather. They had no choice. 
When people finally returned home, many found nothing there. Imagine 
seeing the home you worked for your whole life--the place you raised 
your children and created so many memories--gone.
  If we look at this picture, we see a depiction of despair, as it was 
portrayed by this person who obviously stood in front of a destroyed 
home--nothing but timbers and concrete, everything else gone.
  We saw devastation across our State, not just at the seashore. I went 
to Hoboken--one of our most attractive communities in northern New 
Jersey--in the days after the storm. Half of that city was underwater, 
and the National Guard had to rescue those who were trapped in their 
homes without heat or supplies.
  We also saw train stations that were flooded and inoperable. Water 
levels reached more than 6 feet. Can you imagine a room that seated 
people waiting for their trains 6 feet high in water?
  New Jerseyans depend on our public transportation and rail systems. 
Commuters in our State take nearly 1 million trips per day, including 
going back and forth to New York and into Pennsylvania. And the entire 
country depends on the goods that come into our ports and go out by 
rail.
  Our transportation system was torn apart. Tunnels were flooded, 
critical equipment was ruined, and rail lines were warped or buried by 
debris.
  Here in this picture we see an example of what took place. This is of 
a rail line, New Jersey Transit.
  Each one of our 21 counties in New Jersey was declared a major 
disaster, but the seashore communities were hit especially hard. The 
boardwalk is the defining image of the New Jersey shore. Many of us 
remember walking on that boardwalk in wonderment of the attractions. 
The boardwalk has been a constant in the lives of those who live there 
or visit the shore. But for communities such as Belmar, Seaside 
Heights, Atlantic City, and others, much of that boardwalk no longer 
exists--just the pillars where the boardwalk used to be, as we see it 
shown here in this picture. It was a magnificent boardwalk that had 
people in wagons that were pushed along, and you would view the sea and 
the attractions on the other side. It was painful to see the 
destruction of the part of the boardwalk in Atlantic City firsthand 
that day.
  I joined President Obama in his visit to the area. For many people in 
my State, the boardwalk is not just a source of pride, it is a source 
of critical income to our State. In 2008, tourism brought in $38 
billion and supported more than 300,000 jobs in the State of New 
Jersey. Families came from all over the country to walk the boardwalk 
in Atlantic City or take a fishing boat out of one of our ports, Port 
Pleasant or one of the others, or ride the roller coaster at a pier in 
Seaside Heights.
  This is what Sandy did to that roller coaster. Look. This is almost 
impossible to conceive that this roller coaster sits in the water. It 
is a terrible end to a lot of thoughts and pleasant memories. People in 
New Jersey have lost their homes, their belongings, and their jobs. 
Much of that public infrastructure has also been destroyed. But we are 
tough people in New Jersey. We will fight our way back from this storm.
  I saw that spirit in emergency shelters in our State. Families whose 
lives were upended by the storm were welcomed into a safe, warm place 
by strangers, given a hot meal, and had camaraderie during these very 
difficult moments. Nurses and EMTs evacuated babies from hospitals. 
They were carrying these children out so they would not be overwhelmed 
by flooding. Firefighters went from house to house saving lives as the 
water rose.
  Gas station owners who had lost power pumped gasoline by hand so 
people could run their generators and keep their families warm. At one 
point, the lines were hours long waiting to get gas. One of the people 
from my office got up at 4:30 in the morning to go to a gas station and 
wound up 4 hours later before he could get gas. It was a terrible 
period.
  We saw the worst of Mother Nature in this storm, but we also saw the 
best of the American people. One thing was established, that there is a 
place in government, in our country, for government service when it is 
needed. We cannot simply say: We will turn it over to the private 
sector and let them take care of what FEMA does. FEMA was critical in 
salvaging whatever we could have saved there. There is no doubt in my 
mind that there is an understanding now that did not exist before. We 
saw the fiber and the character of our people in these terrible 
moments. It was wonderful. This is a town not on the seashore. This is 
one of the communities in New Jersey where a lot of people commute to 
or work in the various industries around. This is where they had to go 
in order to save themselves from a worse situation than that which 
already existed.
  People reached out to save people. It was under the supervision of 
FEMA and our emergency facility organizations. We have a lot of 
important businesses to address before the end of this Congress. But 
our agenda must include helping to rebuild and restore the communities 
destroyed by Sandy. We are going to need a lot of money, a lot of 
money. We cannot turn our backs on

[[Page 15102]]

them. We cannot turn our backs. I know the Presiding Officer had 
similar situations in his State of Delaware. The destruction was all 
over. We had no ability to stop what was going on. We face serious 
fiscal challenges in our country, but nothing is more important than 
keeping our communities, our families, and our economy safe. We in New 
Jersey have been there for our fellow Americans from other States who 
suffered disasters. I am reminded that New Jersey was the first State 
to sign the Bill of Rights. It started the road to freedom that exists 
in New Jersey. Now we ask all Americans to join us in rebuilding and 
recovering from this terrible storm. I am sure it will get even the 
most disbelieving people in our community to see that it might have 
been a good idea to fund FEMA and the other agencies that do so much.
  I went to Alaska when the Exxon Valdez was floundering and saw our 
people, brave people, on islands stretched around Alaska, our people 
who were on the shore wiping off the ducks and the seals and all that. 
It says: America is not an accounting firm. America is a democracy with 
a heart and a soul. That is what we have to keep in mind as we 
deliberate what we have in the future.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Florida.
  Mr. NELSON of Florida. Mr. President, before the Senator from New 
Jersey leaves the floor, I just wish to say this Senator's heart goes 
out to the Senator and his people. We take hurricanes more as a part of 
our lifestyle in Florida. But when we combine a hurricane in the 
Northeast at this time of year, during the full Moon, at high tide, in 
one of the most densely populated coastal areas of the United States, 
then we definitely have a problem.
  This Senator wants to help Senator Lautenberg with what is going to 
be necessary for the additional funding of FEMA and so forth. I want 
the Senator to think about an idea that we implemented in Florida, to 
create, in effect, a reinsurance fund against this kind of catastrophe. 
We call it the Florida Hurricane Catastrophe Fund.
  This was done when I was the elected insurance commissioner--prior to 
me, and then I had to implement it in the aftermath of the monster 
hurricane in the 1990s, Hurricane Andrew. I have talked to our 
colleagues in the Senate about a national catastrophic fund. People in 
other parts of the country do not think hurricanes are their problem. 
But what they do not realize is that their taxpayers are picking up the 
load. Whereas, if we reinsured against this kind of tragedy in a 
catastrophic fund that would be paid in over time, a little bit from 
each of the policyholders, then there would not be--there would be this 
fund that would become a cushion for such a disaster that the 
Northeastern United States is experiencing at this time and of which we 
have so often experienced on the gulf coast and the Atlantic coast in 
the Southeastern United States.
  I just wanted to throw that idea out there for the Senator as he 
speaks so movingly and so eloquently about the suffering of his people. 
One can just imagine what are going to be the expenses of all the 
infrastructure that is going to have to be replaced.
  Mr. LAUTENBERG. If I may respond, I wish to say the Senator from 
Florida presents a very good idea because we now know that to deal with 
catastrophes which are inevitable, we live in nature. We live in places 
where volcanoes can destroy an economy, earthquakes. We had the Katrina 
catastrophe in the Southern States. It is about time, would the Senator 
agree with me, that we looked at what it is that is creating the 
frequency and the ferocity of those storms. They are accelerated almost 
in geometric terms.
  This is a good reminder, hey, get off the stick and on the job. I 
commend the Senator from Florida for his splendid victory. We knew the 
Senator was coming home, we just wanted to make sure he had a nice 
reception.
  Mr. NELSON of Florida. Thanks to the Senator for his big heart, his 
big heart toward his people.


                           Voter Suppression

  Mr. NELSON of Florida. Mr. President, I wish to make a few comments 
before the chairman of the Judiciary Committee addresses the Senate. I 
am very happy he is here because he knows about what I am going to talk 
about, which were the attempts at suppressing the vote in the State of 
Florida, done a year and a half ago by the State legislature and the 
Governor. They did a number of things to try to suppress the vote.
  The first thing they did was to make it much more difficult to 
register people to vote. The League of Women Voters has been 
registering people for 72 years in Florida. They stopped because of the 
onerous provisions of up to a $1,000 fine that would be upon their 
members if they did not turn it in within 48 hours. That was thrown out 
in court as unconstitutional. But it was a year and a half later, with 
all those registrations not having been done.
  But then what they did, they constricted the number of early voting 
places, constricted the number of early voting days, constricted the 
number of early voting hours. What do you think was the result? It is 
what we have seen on TV--the long lines.
  I wish to read a passage from the Miami Herald of November 6:

       When the polls officially closed at 7 p.m., hundreds of 
     people were still waiting to cast ballots in precincts around 
     South Florida in an election that was marked by long lines 
     and the occasional snafu. Even after the networks called the 
     race for President Obama, people in South Florida remained in 
     line. From Hialeah to Country Walk and to Brickell, people 
     waited as long as 7 hours to vote. In Broward County, voting 
     at some precincts came to a halt when the ballots ran out.

  This is the result of the voter suppression by lessening the number 
of early voting days. When this Senator asked the Governor, because of 
the long lines during early voting, to extend early voting on the 
Sunday before the Tuesday election, since it shut off on Saturday, 
there were long lines then in early voting, the Governor would not do 
it. We see the result. The Miami Herald continues:

       At the South Kendall Community Church, 1,000 people were in 
     line at closing time, and at least 200 still remained three 
     hours later.

  That is a determination to vote, and the people do not want their 
right to cast their ballot taken away. Yet this was the result of voter 
suppression laws not only in my State but in other States as well. I 
wish to thank the chairman of the Judiciary Committee because he and 
his subcommittee, headed by Senator Durbin, came to Tampa to take 
testimony.
  A professor from the University of Florida gave his study and pointed 
out who used--in the experience of Florida for a decade, who used the 
Sunday early voting? It was two demographic groups, African Americans 
and Hispanics. They cut out the Sunday of early voting before the 
Tuesday election.
  Yet with the constricted times and with others being forced to 
shoehorn in between 7 a.m. and 7 p.m. on election day, we see the 
result. As the Miami Herald said, some people waited 7 hours to vote. 
They were determined that the Governor and the legislature of Florida 
were not going to take away their right to cast that ballot. And we see 
again, we had again a close Presidential election in Florida. The 
President won by 74,000 votes. What if a number of people--such as the 
lady who waited and waited and she had babysitter problems and after 3 
hours she left--what if that had happened to a lot of people?
  Well, maybe that was the design of some people in constricting the 
laws in an America of 2012. We went through this in the civil rights 
era. The right to vote--as the Senator, our chairman, can tell us, has 
been said over and over by the courts--it is absolutely essential in a 
democracy that we have the right to cast our ballot. That is what Dr. 
King said as well.
  Mr. LEAHY. Does the distinguished Senator yield?
  Mr. NELSON of Florida. Of course I will.
  Mr. LEAHY. I join my colleagues in welcoming him back to this body, 
in which he has served with distinction

[[Page 15103]]

from his very first day here as he did in the other body.
  It tears my heart apart to hear of this kind of suppression. In 
Vermont, we have pride in our ability to vote. We have Town Meeting 
Day. I think we had 65 or 70 percent turnout this time. We expect 
people to be able to vote.
  The distinguished Senator has referred to the civil rights era. Do 
we, in this great country--a signal of democracy to so much of the 
world--want to go back there? I am sure the distinguished Senator has 
had, as I have had, the honor of being an observer of elections in 
other countries where, finally, a country that has overcome a 
dictatorship or overcome a civil war, they finally can vote, and the 
people are lining up and saying: Thank God we have a chance to vote and 
it is open for the first time. They would say: You Americans would 
never have to experience this. I don't want to go to these countries 
that we ask to come into the fold of democracy and ask them to have 
free and open voting and have them--those that do not want free and 
open voting--say: What about what you have done in your country?
  This is not a Democratic or Republican issue. This is an American 
issue. We fought a revolution. We fought world wars. We worked to make 
this country of over 300 million people great because everybody's voice 
is supposed to be heard. I think it is shameful and I think it is 
illegal. Those who try to stop it, they should be exposed. They should 
be punished. I don't care if the person voting is a Republican or 
Democrat or Independent. They should have the right to vote. If we lose 
that right, we lose our soul as Americans. I thank the distinguished 
Senator for bringing this up.
  Mr. NELSON of Florida. Amen to those comments. I would conclude by 
saying we ought to be making it easier to vote, not harder to vote. 
Then, when we get down to conducting an election, we definitely need to 
do something about the Citizens United Supreme Court 5-to-4 decision, 
and we can, statutorily. We almost did, lacking one vote breaking the 
filibuster 3 years ago because it would require the disclosure of those 
corporations giving the money. If the public knew who was giving the 
money, then they would be very reluctant. Whereas under the guise, the 
mask of secrecy, they can give money and try to influence the outcome 
of an election--as they tried this year.
  It has gone out of control, and I know the chairman is going to be at 
the point of the spear on trying to pass the DISCLOSE Act.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.


                             The Farm Bill

  Mr. LEAHY. Mr. President, I think the distinguished senior Senator 
from Florida has done the Senate and the country a service in what he 
has said.
  We each represent our own States. We have matters of interest in our 
States, but also so many times they are national interests. During this 
past recess, I was in just about every part of Vermont. I was stopped 
time and time again by Vermont farmers who asked me why Congress left 
town without passing a farm bill. They knew we had passed it in the 
Senate, but why hadn't we finished?
  Similar to my fellow Vermonters, I have been frustrated by the 
refusal of the leadership of the House of Representatives to consider 
the legislation sent to them by the Senate to extend the farm bill. In 
fact, they blocked consideration of a bipartisan farm bill, one that 
mirrors the legislation passed in their own body by the House 
Agriculture Committee.
  I have been here nearly 38 years. I have served on the Senate 
Agriculture Committee all that time. I have never seen a case where the 
House Agriculture Committee--whether it is led by Democrats or by 
Republicans--passed a bipartisan farm bill only to see it blocked from 
a final vote by its own leadership.
  The Senate has done its work, but as a result of the House's 
inaction, for the first time that anybody can remember in either body, 
the farm bill has expired. This is dangerous for dairy farmers in 
Vermont and for farmers across the country.
  This delay threatens our rural communities. We all have rural 
communities in our States. The farmers not only need but also deserve 
the certainty that a 5-year farm bill provides. We pass farm bills in 
5-year segments so that farmers, who have to plan way in the future, 
know how to plan. We can't say: Wait a minute, put your farming on hold 
while we try to get our act together. Don't milk those cows for a few 
months while we try to figure out what we are going to do. Don't plant 
or don't harvest that crop while we are trying to figure out what we 
are going to do.
  It doesn't work that way. The farmers already confront enough 
uncertainty running their businesses. When we let farm programs expire 
without enacting a new farm bill, it needlessly compounds that 
uncertainty and it is irresponsible. Decisions must be made today to 
determine what is going to be planted next spring. But now they have to 
make that decision with uncertainty about what may be in the farm bill.
  The essential nutrition programs in the farm bill provide healthy 
food for vulnerable populations, such as children and pregnant and 
nursing women. Vermonters, like tens of millions of people across the 
country, depend upon these programs where they are struggling to put 
enough food on their table during these very tough economic times.
  Some of these program benefits will continue. But it is such a 
tenuous position. How does a State plan? How does a community plan? We 
need the House leadership to allow the farm bill to proceed so we can 
move this country forward, giving farmers the certainty and vulnerable 
citizens the security they deserve.
  The Senate farm bill is a good, bipartisan bill. But more than that, 
it is a deficit reduction bill. It has $23 billion in cost savings as 
well as crucial policy reforms for dairy farmers facing the challenges 
of the 21st century. It also maintains a safety net for millions of 
hungry Americans.
  The wealthiest, most powerful Nation on Earth has people going 
hungry. In a nation that spends billions of dollars on fad diet 
programs or billions of dollars to dispose of waste food, we should not 
have hungry people. Not in this country.
  I also point out the farm bill has always been bipartisan. I remember 
the hard work, mutual respect, and spirit of cooperation that Senator 
Dick Lugar and I shared. We worked together as Agriculture Committee 
chairman and ranking member. We put American farmers and families first 
and politics last. My good friend from Indiana and I were able to 
accomplish amazing things together. Obviously, we had some differences 
of opinion as Members of different regions and different parties do. 
But we knew we had to work together. We did, and America benefited from 
that. Certainly our farmers did too.
  The need to work together is as true today as it was then. It is 
going to take real leadership in the House and Senate to pass a farm 
bill. We have seen that leadership and bipartisanship in the Senate. 
Having served as chairman of the Senate Agriculture Committee for 8 
years, I can say without any doubt that Chairwoman Debbie Stabenow has 
been one of the finest chairs we have had of that committee. I have 
watched how hard she has worked and how hard Ranking Member Pat Roberts 
has worked. He brought his tremendous experience and knowledge through 
his time as chairman of the House Agriculture Committee. In fact, in 
the debate over the Senate farm bill--and I commend Senator Stabenow on 
this--seated around that table we had several people who had previously 
been chairman or ranking member of the Senate Agriculture Committee or 
the House Agriculture Committee, both Republicans and Democrats. In 
fact, even one Senator who had been Secretary of Agriculture. We all 
said: We can play games, we can talk, we can posture, we can sloganeer 
or we can sit down like grownups and put together a real farm bill.
  It took a nanosecond to decide we can be grownups and put together a

[[Page 15104]]

real farm bill. Republicans and Democrats sat down. We wrote a deficit-
reducing, meaningful farm bill, and it passed in a Senate which is 
often deadlocked. It passed 64-35. It passed overwhelmingly--from all 
parts of the country and across the political spectrum.
  Senator Johanns, former Secretary of Agriculture during the Bush 
administration, sat around that table and helped us write it. That 
shows how bipartisan the approach to reauthorizing the farm bill was in 
the Senate. We did not let political labels get in the way of what was 
best for the country.
  The elections are over. We know who has won or lost. We hope our 
friends in the other body, in the House of Representatives, will set 
aside their obstructionism and pass this bill. I am pleased by the fact 
that our State's Congressman, Peter Welch, is a member of that 
committee. He has been urging both Republicans and Democrats to pass 
the bill, and I agree with him because it is a bill that directly 
affects every farm family's budget. It helps farmers decide which crops 
to plant, where to sell, how much to borrow. It allows farmers to make 
their decisions--which are hard enough to make without this delay--with 
some kind of certainty.
  The farm bill affects Vermonters and Americans across the country 
where there is food insecurity and uncertainty in these difficult 
times. One of the things people lose sight of is that the farm bill is 
also a disaster relief bill. We need the new farm bill to help farmers 
in the Garden State and across the entire Nation to recover from the 
nonstop floods of 2012. We need it to help those across the Nation who 
are stuck on the other side of the weather spectrum, with drought.
  That is all in this bill. Because we know, as much as we wish there 
would never be floods, as much as we wish there would never be 
droughts, they occur. We have written that into this bill. Why in 
heaven's name would anybody, from any part of the country--and we are 
all vulnerable at one time or another--want to hold it up?
  The fact is things are going to get worse very quickly if we begin 
the new year without a farm bill. Outdated parity price systems will 
multiply the price of milk on store shelves. It will destroy household 
pocketbooks and the milk market nationally.
  Let me reiterate that. Certainly in my State this is very important. 
If we don't pass the bill, we will have outdated parity price systems 
that will multiply the price of milk on the store shelves and will 
destroy household pocketbooks and the milk market nationally. Ask 
anybody who lives paycheck to paycheck what that would be like.
  So I urge the leadership in the House of Representatives to allow 
open debate on the Senate-passed farm bill. They don't have to have a 
bill that is word for word what we passed here in the Senate, but I 
point out that the Senate bill saves billions of dollars, it does have 
a dairy program, and it does speak to disaster, drought, and flood 
relief. We need it now. Let us stand with our dairy farmers in Vermont, 
our eggplant growers in New Jersey, and our hungry families across the 
country. Let's set the political gamesmanship aside, help America's 
farmers, families, and rural communities that all rely on the farm 
bill. The people in these communities, the farmers in these 
communities, do not care whether there is a Democrat or Republican's 
name on the bill. All they know is they want a good farm bill that 
allows them to stay in farming.
  Farming is hard enough as it is. None of us has to do the farming. We 
ought to stand up and help--that we can do.
  Mr. LEAHY. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. TESTER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Whitehouse).
  Without objection, it is so ordered.
  Mr. TESTER. Mr. President, I rise today to urge support on the motion 
to proceed to my bipartisan Sportsmen's Act. Outdoor traditions are a 
deep and important part of our heritage in Montana and across our 
Nation.
  Two years ago, when I became chair of the Congressional Sportsmen's 
Caucus, I made it my goal to do something significant, something 
historic, something responsible that will help this country's hunters 
and anglers.
  Mr. President, this week we have that opportunity. This Sportsmen's 
Act is the biggest package of sportsmen's bills in a generation. It 
combines nearly 20 different bills, all important to those who know we 
must never take our outdoors for granted.
  These bills increase access for recreational hunting and fishing. 
They support land and species conservation, and they protect our 
hunting and fishing rights. Most importantly, they take ideas from both 
sides of the political aisle. This bill isn't about Democrats and it 
isn't about Republicans or Independents. This bill is about Americans 
and the great outdoors we all share as a nation. This bipartisan bill 
is supported by nearly 50 different conservation wildlife groups 
ranging from the Nature Conservancy, the National Wildlife Federation, 
to the NRA. It earned their endorsement because it includes responsible 
provisions that are important to sportsmen and -women across America.
  In my role as the chairman of the Congressional Sportsmen's Caucus, 
outdoorsmen and -women constantly tell me about the importance of 
access to public lands. What good does it do to protect land for 
hunting, fishing, and hiking if folks are unable to get to it? Right 
now there are some 35 million acres of public land that sportsmen can't 
access. That is why this bill requires 1.5 percent of annual funding 
from the Land and Water Conservation Fund that is set aside to increase 
public access to public lands, ensuring sportsmen access to some of the 
best places to hunt and fish in the country.
  Right now, the Congress delegates all power to determine land and 
water conservation priorities to the executive branch. We can add or 
subtract money from the President's budget request, but Congress cannot 
determine how that money gets spent. This provision ensures that this 
administration and the next one must authorize, must prioritize access 
to public lands.
  My bill also reauthorizes the North American Wetlands Conservation 
Act. This voluntary initiative provides matching grants to landowners 
who set aside critical habitat for migratory birds such as ducks. Over 
the past 20 years, volunteers across America have completed more than 
2,000 conservation projects. They protected more than 26 million acres 
of habitat under this successful initiative. The North American 
Wetlands Conservation Act is a smart investment in both our lands and 
our wildlife, and it needs to be reauthorized.
  This widely supported bill also reauthorizes the Secretary of the 
Interior to reevaluate the price of duck stamps to keep up with 
inflation. Revenue from duck stamps has been used to purchase and 
release more than 6 million acres of wetlands, preserving a viable 
waterfowl population. It funds new shooting ranges while encouraging 
Federal land agencies to cooperate with State and local authorities to 
maintain existing ranges. This is a responsible bill. It takes into 
account the needs of the entire sportsmen's community.
  Why is this important? It is important because hunting and fishing 
and hiking is a way of life in places such as Montana.
  One in three Montanans hunt big game and more than half of us fish. 
An outdoor recreation economy across this country contributes some $646 
billion in direct spending to this U.S. economy. Fishing and hunting is 
not just recreation, it is a critical part of our economy. In Montana, 
hunting and fishing alone brings $1 billion a year to our economy, 
nearly as much as the State's cattle industry. It drives and sustains 
jobs. With hunting season in full swing and thousands of Montanans 
headed out to hunt in Montana's back country over Thanksgiving weekend, 
this bill is as timely as ever.
  The Sportsmen's Act of 2012 is balanced, it is bipartisan, and it is 
widely

[[Page 15105]]

supported. It is also fiscally responsible. The bill has no cost. 
Before the Senate went out of session, we voted to move forward with 
this bill by a vote of 84 to 7--84 to 7. It was a resounding approval 
to conserve some of our most productive habitat to pass on our hunting 
and fishing tradition to future generations and to entrust them with 
the land and water we share.
  Now it is time to get this bill across the finish line, to approve a 
bill with widespread support that preserves our outdoor economy and 
secures our outdoor heritage for our kids and our grandkids.
  We need to take some good Democratic ideas and some good Republican 
ideas and pass them. We need to do something for the more than 90 
million sportsmen and sportswomen in this country and for our economy.
  The time is now. I urge all Members to support this bill.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the 
order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Under the previous order, all time has expired.
  The question is on agreeing to the motion to proceed to S. 3525.
  Mr. ROCKEFELLER. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There appears to 
be a sufficient second. There is a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Alaska (Mr. Begich) and 
the Senator from Rhode Island (Mr. Reed) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Rhode Island (Mr. Reed) would vote ``nay.''
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Illinois (Mr. Kirk).
  The PRESIDING OFFICER (Mr. Bennet). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 92, nays 5, as follows:

                      [Rollcall Vote No. 201 Leg.]

                                YEAS--92

     Akaka
     Alexander
     Ayotte
     Barrasso
     Baucus
     Bennet
     Bingaman
     Blumenthal
     Blunt
     Boozman
     Brown (MA)
     Brown (OH)
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coats
     Cochran
     Collins
     Conrad
     Coons
     Corker
     Cornyn
     Crapo
     Durbin
     Enzi
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Hagan
     Harkin
     Hatch
     Heller
     Hoeven
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson (WI)
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Lee
     Levin
     Lieberman
     Lugar
     Manchin
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Portman
     Pryor
     Reid
     Risch
     Roberts
     Rockefeller
     Rubio
     Sanders
     Schumer
     Shaheen
     Shelby
     Snowe
     Stabenow
     Tester
     Thune
     Toomey
     Udall (CO)
     Udall (NM)
     Vitter
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--5

     Boxer
     Coburn
     DeMint
     Paul
     Sessions

                             NOT VOTING--3

     Begich
     Kirk
     Reed
  The motion was agreed to.


                            Vote Explanation

 Mr. REED. Mr. President, I was necessarily absent for this 
vote due to a flight delay caused by mechanical problems. Had I been 
present, I would have voted no.
  The PRESIDING OFFICER. The majority leader.

                          ____________________