[Congressional Record (Bound Edition), Volume 158 (2012), Part 2]
[Senate]
[Pages 1520-1523]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

 NOMINATION OF ADALBERTO JOSE JORDAN TO BE UNITED STATES CIRCUIT JUDGE 
                        FOR THE ELEVENTH CIRCUIT

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to executive session to resume consideration of the following 
nomination, which the clerk will report.
  The assistant legislative clerk read the nomination of Adalberto Jose 
Jordan, of Florida, to be United States Circuit Judge for the Eleventh 
Circuit.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. HELLER. Mr. President, I ask unanimous consent to speak as in 
morning business for up to 10 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                               The Budget

  Mr. HELLER. Mr. President, our Nation is more than $15 trillion in 
debt. The President's budget will increase government spending by $47 
trillion over the next decade. Included is the largest tax increase in 
American history, while our national debt increases to $25.9 trillion 
over the next 10 years.
  That is right. This budget proposes a massive tax increase, not as a 
plan to address the national debt but to fuel more reckless big 
government spending. Our Nation cannot afford to continue down this 
path. This reckless budget will not only saddle our children and 
grandchildren with massive government debt, but it proposes to raise 
taxes on the very businesses we need to create jobs.
  How can this President and the majority party claim to be projobs 
when everything they are doing is antibusiness? This budget threatens 
our long-term economic security and places a greater burden on our 
children and grandchildren who will be forced to live and pay for 
Washington's inability to solve this problem.
  While I believe the President's budget spends too much, borrows too 
much, and taxes too much, in the Senate the majority party has chosen 
to go to the other extreme. They have now refused to pass a budget for 
more than 1,000 days. It is our responsibility as legislators to 
develop a real, workable budget that will put our Nation back on the 
path of economic prosperity. Unfortunately, the majority simply has not 
taken this responsibility seriously.
  Now, there are some who claim that spending caps established in the 
Budget Control Act constitute a budget. Quite frankly, I disagree. At a 
time when millions of Americans are out of work, this behavior in 
Washington continues to create great uncertainty and stifles economic 
growth.
  No State has felt the failures of Washington more than the State of 
Nevada. My State continues to lead the Nation in unemployment, with 
more than 150,000 Nevadans looking for a job. With the so-called 
stimulus plans, Cash for Clunkers, and bailouts, Washington's response 
to our economic problems has been woefully inadequate and, in Nevada, a 
complete failure.
  Here is the kind of story I hear all too often from my fellow 
Nevadans:

       You may recall that my wife Pam and I own Straw Hat Pizza 
     here in Carson. Pam has owned and operated the restaurant 
     since May of 1985. Unfortunately, after 25 years of 
     operation, today is our last day of being in business. We are 
     forced to close our doors and likely file for bankruptcy due 
     to the horrible economic situation in our state, and Carson 
     City in particular. It's a true tragedy that a lifelong 
     endeavor ends this way, and Pam feels that she is a failure.
       I keep reminding her that the failure was not hers, but 
     rather a failure of liberal elected officials to do what's 
     right for our country and get out of the way, let free 
     enterprise work its magic, and in turn let individuals 
     flourish.

  Members of Congress are willfully refusing to put our Nation on a 
path of long-term fiscal responsibility, creating greater uncertainty, 
and contributing to an anemic economy that is forcing small businesses 
to close their doors. As long as this is the case, Americans will 
continue to be frustrated and angry with Washington's inability to 
produce real results.

[[Page 1521]]

  Our Nation's Capitol remains the only place in the country where 
difficult decisions are not made. Congress continually kicks the can 
down the road leaving tough fiscal decisions for future Congresses, 
future administrations, and worse, the next generation.
  In light of these facts, is it any mystery why Congress is currently 
experiencing its worst approval ratings in history. I introduced the No 
Budget, No Pay Act to force Congress to face reality, to take 
responsibility for running this country. This bipartisan legislation 
requires that the Senate and House of Representatives pass a budget and 
all appropriations bills by the beginning of each fiscal year. Failure 
to do so would result in the loss of pay until Congress takes its job 
seriously.
  If Congress does not complete its constitutional duties, then its 
Members should not be paid. It is that simple. If we do not do our job, 
then we should not be paid. This concept resonates with the American 
people. I know this because I asked Nevadans during a series of 
telephone townhall meetings last year whether they supported a bill 
that would hold the pay of Members of Congress if they failed to pass a 
budget. More than 4,000 Nevadans participated in this poll, and 84 
percent of them supported the No Budget, No Pay concept.
  The budget is not a trivial piece of legislation or a campaign 
document. It is a roadmap that identifies goals, priorities, and 
establishes a multiyear fiscal course for the Nation. If done right it 
can provide stability and set expectations for where we want to take 
our Nation.
  Budgeting is not a strange concept. It is something that is done at 
all levels of government, businesses large and small, and at every 
kitchen table across the country. It is past time for Congress to 
actually implement policies that would encourage the economic growth we 
need to ensure that workers can have good jobs and provide for their 
families.
  While the No Budget, No Pay Act will not solve every problem in 
Washington, I sincerely believe it would be a step in the right 
direction. These essential functions of Congress are vital to fiscal 
responsibility and creating greater certainty so our job creators can 
flourish.
  I was pleased to see reports of growth--small growth--in our economy. 
But lack of clarity provided by Washington continues to hamper economic 
growth. Back home, Nevadans continue to struggle. Small businesses are 
trying to survive while gridlock in Washington is making it harder for 
employers to know what to expect in the coming years. Establishing a 
responsible budget would be a good first step toward placing our Nation 
on a path for a more prosperous future.
  I yield the floor, and I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Tester). The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. PAUL. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                                 Egypt

  Mr. PAUL. Mr. President, some Senators are concerned that I may be 
delaying a vote in the Senate. This is not true. I offered yesterday to 
vote on my amendment with 10 minutes of discussion. I have offered to 
vote immediately at any point in time.
  I do think it is worth 10 minutes of our time and 10 minutes of 
America's time to discuss the plight of U.S. citizens in Egypt. I don't 
think 10 minutes is too much to ask to discuss, debate, and vote on 
whether Egypt should continue to get aid from us while detaining our 
citizens. Egypt is unlawfully preventing U.S. citizens from leaving 
that country. I don't think 10 minutes is too much to ask. We have sent 
over $60 billion in aid to Egypt over the years, and they now hold 19 
U.S. citizens virtually hostage.
  Will we ever learn? Will we ever learn we can't buy friendship? 
Nineteen U.S. citizens who traveled to Egypt to help Egypt embrace 
democracy, to help Egypt to have an elective government, to enjoy the 
freedoms we enjoy and the success we enjoy having a democratic 
government, those Americans are now being prevented from leaving Egypt. 
Some of the prodemocracy workers are, in fact, seeking refuge in the 
U.S. Embassy.
  This is a tragedy and something we should make a clear and 
unequivocal statement about. Does Egypt wish to be part of the 
civilized world or do they wish to descend into the lawlessness of the 
Third World? Some have argued we don't need these provisions, that 
there are already provisions in place to prevent Egypt from getting 
aid. Apparently, the Egyptians aren't listening, and they need to 
listen very clearly.
  The amendment I proposed will end all aid to Egypt--economic and 
military. We give over $1.5 billion to Egypt every year, and we cannot 
continue to give aid to a country that is illegally detaining our U.S. 
citizens.
  Some have said the provisions we already have will take care of this. 
There are a couple problems. The Egyptians aren't hearing that message, 
so the message needs to be louder and more firm. We will not tolerate 
any country holding U.S. citizens as hostages or lawlessly. I think 
Egypt needs to know America means business, and that is what this 
debate is all about.
  I don't think it is too much to ask the Senate to consider this 
proposal on Egypt; let's spend 10 minutes and let's have a vote to send 
a message to Egypt.
  The question is, Will we ever learn? Will we ever learn we cannot buy 
friendship? Will we ever learn we cannot create Democrats out of 
authoritarians simply by buying them off? We have tried it. We have 
sent billions of dollars to Africa and asked authoritarians who rape 
and pillage and torture their own people, and we give them more money 
trying to convince them to be democratic. It doesn't work.
  We need to have a firmer hand and say there will be no more aid to 
countries that detain U.S. citizens, that don't allow their citizens to 
vote, and to countries that torture and rape and pillage their 
population.
  We have sent billions of dollars to Afghanistan, and it is an insult 
to Americans--particularly to American soldiers--that the President of 
Afghanistan has said if there were a war, he would side with Pakistan 
against the United States.
  Will we ever learn? We send money--billions of dollars--to these 
countries, and apparently they still dislike us, disrespect us, and say 
they will side with our enemies.
  There are now officials in Pakistan, which has gotten billions of 
dollars from us, saying Pakistan will side with Iran. Afghanistan is 
telling us they will side with Pakistan. So Pakistan will side with 
Iran, and what does the chump, the U.S. taxpayer, get? Send more money. 
No. 1, we don't even have the money. We are borrowing the money from 
China, and we are asked to send more money to people who disrespect us. 
I think that is an insult that should end.
  Will we ever learn? Will we ever learn we can't buy friendship? Will 
we ever learn authoritarians, no matter how much money we give them, 
will not become democratic? Egypt must be put on notice.
  The President is not leading on this issue. Just a few weeks ago, the 
President's Under Secretary of State, Robert Hormats, stated he wanted 
to make sure the administration assured the Egyptians that we want to 
provide them ``more immediate benefits.''
  Do you think that maybe the President is sending the wrong message to 
the Egyptians? They are detaining 19 U.S. citizens and preventing them 
from coming home and U.S. citizens are holed up in our Embassy and the 
administration says we need to make sure the benefits get there 
immediately. The administration is bragging about sending more aid to 
Egypt.
  Just yesterday, the President came out with a new budget. Guess what. 
There is $1.5 billion of taxpayer money to be sent to Egypt. What kind 
of message are we sending them? I think the President is not leading 
the country and is not exemplifying what most Americans would want; 
that is, to send a clear and unequivocal message to Egypt that we will 
not tolerate this behavior or subsidize this behavior.

[[Page 1522]]

  Think of it. The American taxpayer is being asked to subsidize a 
government that is detaining U.S. citizens. The American taxpayer is 
being asked to subsidize Pakistan, that says they would side with Iran. 
The American citizen, the American taxpayer, is being asked to 
subsidize Afghanistan, that said they would side with Pakistan against 
us. All the while we are running trillion-dollar deficits, borrowing 
this money, and bankrupting our country.
  The Egyptians need to be sent a clear and unequivocal message. I 
think it is worth 10 minutes of the Senate's time to have a vote. I 
think it is worth it for the 19 U.S. citizens. If it were my child in 
Egypt working there for a prodemocracy group, I would want to think the 
Senate had 10 minutes of time. I would want to think the Senate can 
spare 10 minutes of time to send the Egyptians a signal that we will 
not tolerate this and they must let our citizens come home.
  The United States will not and should not stand for the detention of 
American citizens. The United States will not stand for imprisonment or 
travel restrictions on its citizens, and the United States should not 
send aid to a government that so casually accuses American citizens of 
political crimes.
  So while some will say I am holding up the business of the Senate, I 
argue this is the business of the Senate; that foreign policy was 
delegated--much of it--to the Senate, that we are abdicating our role, 
and that we as the Senate should send a clear and unequivocal message 
to Egypt. So I will continue to argue, despite much opposition, to have 
a vote to send a signal to Egypt that we will not tolerate the 
detention of U.S. citizens.
  Mr. President, I yield the floor, and I suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  The PRESIDING OFFICER. The Senator from South Dakota.
  Mr. JOHNSON of South Dakota. Mr. President, I ask unanimous consent 
that the order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. JOHNSON of South Dakota. Mr. President, I ask unanimous consent 
that I be allowed to speak in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. JOHNSON of South Dakota. Mr. President, I also ask unanimous 
consent that following my statement, the Banking Committee's ranking 
member be recognized, followed by Senator Menendez of New Jersey, and 
that all time they consume be counted toward the postcloture time.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       Surface Transportation Act

  Mr. JOHNSON of South Dakota. Mr. President, I am pleased to present 
the Banking Committee's public transportation bill to the Senate as an 
amendment to the surface and transportation legislation now before us. 
The transit bill was reported by our committee unanimously. Maintaining 
investment in our Nation's transportation infrastructure is a priority 
of mine and of our committee.
  I wish to thank our committee's ranking member, Senator Shelby, who 
has worked for a long time on this bill. Without his support, this 
bipartisan legislation would not be possible. I also wish to thank our 
committee chairman, Senator Menendez, and all the other members of the 
committee who offered their contributions.
  With this bill, we have the opportunity to preserve public 
transportation funding for 2 years at current levels and deliver 
critical investments in the Nation's aging transportation 
infrastructure. In addition, the bill will institute much needed 
reforms, such as eliminating earmarks and speeding the construction of 
public transportation projects. The bill also includes transit safety 
provisions that have been stalled for 2 years. These are important 
reforms that many Senators have worked on. Now is the time to move them 
forward.
  Finally, our bill increases formula funding for all types of transit: 
additional urban and rural funds, new money for every State to address 
the state of good repair needs and more money for tribal transit. Our 
Nation's transit systems need more than $77 billion to address 
backlogged repairs. This bill cannot address all those needs, but it 
can ensure that our transit systems don't fall further behind, and 
transit funding will support more than 386,000 jobs.
  Americans make 35 million trips on public transit every weekday. Many 
of these trips are in our cities, but in places such as South Dakota 
rural transit service connects seniors with their doctors and helps the 
workers travel long distances to get to jobs. Everyone benefits from 
public transportation, and I urge Senators to support this bipartisan 
bill.
  I yield the floor for the ranking member of the Banking Committee.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SHELBY. Mr. President, I rise in support of legislation to 
reauthorize the surface transportation bill, and, in particular, the 
Federal Public Transportation Act of 2012, which is the transit 
amendment before us today.
  While we are nearly 3 years beyond the September 2009 expiration date 
of SAFETEA, I am pleased we are finally moving one step closer to 
legislation that would allow infrastructure investments to move 
forward.
  Chairman Johnson and I worked together to produce bipartisan 
legislation that eliminates outdated, inefficient programs and promotes 
greater efficiency and effectiveness in public transportation systems 
all across America. The Federal Public Transportation Act passed the 
Banking Committee with unanimous support. This legislation before us 
reflected in the amendment currently under consideration maintains 
funding for public transportation programs at $10.5 billion a year. 
Unlike previous reauthorization bills, the committee was unable to 
provide an increase in the baseline funding amount for public 
transportation. We were, however, able to provide a substantial 
increase to existing programs by eliminating the bus discretionary 
program which previously contained earmarks totaling $984 million.
  In fact, we did not just eliminate one account that included 
earmarks, we eliminated all earmarks that were previously included in 
the reauthorization bill. These reforms have allowed us to provide 
public transportation systems with an increase in their guaranteed 
formula funding over the next 2 years. In addition to providing a 
stable source of funding, I believe we must institute a system that 
ensures greater accountability and encourages real investment in 
maintaining our aging public transportation infrastructure all over 
America.
  This issue, also known as state of good repair, is extremely 
important for public transportation, and our amendment makes it an 
integral part of the transit programs. The new starts process has 
undergone significant reforms in order to streamline and to improve 
delivery of capital investment projects. It also includes a new pilot 
project with the sole purpose of expediting project approval and 
attracting private investment.
  Setting aside, for a moment, the specific issues related to this 
amendment, I wish to speak briefly to what I believe is the most 
significant issue surrounding the reauthorization of SAFETEA--the 
solvency of the highway trust fund. According to the Congressional 
Budget Office, the mass transit account of the highway trust fund will 
end in 2013 with $2.8 billion--$6 billion short of what it will need to 
continue to meet its obligations resulting from this reauthorization 
bill before us. While the Senate is considering a 2-year authorization 
bill, others have advocated a longer term reauthorization. The length 
of the reauthorization is not as important, however, as the need to pay 
for all this spending before us.
  I believe most Americans would agree that a reauthorization bill that 
leaves the program insolvent or near

[[Page 1523]]

insolvency upon its expiration would be irresponsible. I hope this is 
not what we are doing with this bill. Infrastructure spending is 
essential to our long-term economic stability and growth in this 
country. Nevertheless, this country cannot continue to deficit spend 
its way out of its problems for infrastructure or anything else. 
Therefore, I think we must begin this discussion with the realization 
that difficult decisions are going to have to be made, and for our part 
I believe the Banking Committee has begun to make some of these 
difficult decisions by providing level funding and eliminating 
unnecessary earmarks from the program structures.
  I look forward to continuing this debate and moving one step closer 
to completing a responsible and paid-for reauthorization bill.
  I thank the Chair.
  The PRESIDING OFFICER. The Senator from New Jersey.
  Mr. MENENDEZ. Mr. President, let me begin by recognizing the hard 
work and dedication of my friend from South Dakota, Chairman Johnson, 
and for his tireless leadership on this legislation that made this 
possible. Let me also recognize the ranking member, Senator Shelby, for 
his efforts to work in an incredibly positive, cooperative, and 
bipartisan manner that, in fact, created the ultimate result of a 
unanimous bipartisan vote, something we would love to see more of these 
days. It was his work, along with the chairman's, that got us to that 
point. I am glad to have been added to that as the subcommittee chair 
as well.
  Millions of Americans take over 10 billion transit trips a year. It 
has taken over 2 years of hard work, and it is part of an overall bill 
that creates or saves 2 million jobs, but those trips and the jobs that 
get created by it and the opportunity of people to get to employment, 
to get to a hospital, to go see family and friends are incredibly 
important in the context of our national economy. At a time when job 
creation is essential, it invests in every State to keep us competitive 
as a nation in the global marketplace.
  Under this legislation, for example, my home State of New Jersey 
stands to receive about $519 million in Federal transit funding without 
any increase in Federal spending. This bill cuts waste and eliminates 
earmarks so New Jersey will see benefits from a $63 million increase in 
transit funding, more transit funding than in any previous year. This 
bill invests in our infrastructure and improves public transportation 
without increasing the Federal budget, and it provides more funds to 
make the improvements they need to ease congestion and mitigate 
transportation delays. It is good for America because it will help 
communities concentrate on smart growth around transit hubs that mirror 
my Livable Communities Act and my State's Transit Village Program that 
will help make New Jersey attractive to businesses and a model job 
creation hub. It can do that for other communities throughout the 
Nation.
  It is good because it is energy smart and increases competitive 
funding for clean fuel transit vehicles to help agencies to switch from 
dirty, expensive fuels to cleaner, cheaper fuels. It not only 
streamlines the process for Federal approval of new transit projects, 
but it will help upgrade older systems by adding a new station or 
another track or a bigger train car to increase capacity rather than 
having to build new systems from scratch.
  It also includes a provision establishing a program to allow public 
transportation providers temporary flexibility during periods of high 
unemployment to use a limited portion of their Federal funds for up to 
2 years, provided they meet the established criteria for operating 
expenses.
  One last but perhaps most important thing the bill accomplishes is to 
provide for a strong Federal role in transit safety oversight by 
establishing a national public transportation safety plan to improve 
the safety of all public transportation systems that receive Federal 
funding.
  Under this legislation, the Secretary will develop minimum 
performance standards for vehicles used in public transportation and 
establish a training program for Federal and State employees who 
conduct safety audits of public transportation systems. Fundamentally, 
this bill improves the effectiveness of State safety oversight 
agencies, increases Federal funding for safety, and provides new 
enforcement authority over public transportation safety to the 
Secretary of Transportation.
  At the end of the day, making our transit system as safe as humanly 
possible in every State, from coast to coast, must be a national 
priority.
  So let me conclude by saying, once again, thanks to Senators Johnson 
and Shelby for their leadership over the last 2 years. I think the bill 
is a victory for every American community. It is a commonsense 
investment that will create jobs, keep this Nation competitive, and 
make our communities more productive, accessible, and livable. It is a 
victory for those who believe we can create jobs, get people back to 
work, and keep us on the cutting edge of the global economy.
  So now we need to make sure we continue to reach across the aisle, as 
the chairman and the ranking member and I have done during this 
process, and get this investment in America's future to the President's 
desk and signed into law as soon as possible.
  With that, I yield the floor.

                          ____________________