Senate Session 2011 - 11 - 01 - 11 - 01 - 34 - 12 - 15 - 16

YEAS ARE 38, THE NAYS ARE 60. UNDER THE PREVIOUS ORDER REQUIRING 60 VOTES FOR THE ADOPTION OF THIS AMENDMENT, THE AMENDMENT IS NOT AGREED TO. A SENATOR: MADAM PRESIDENT. THE SENATOR FROM WISCONSIN. I MOVE TO RECONSIDER THE VOTE BY WHICH THE BILL WAS WITHOUT PASSED. OBJECTION. THE SENATOR FROM MISSOURI. MADAM PRESIDENT, -- THE SPEAKER PRO TEMPORE: WITHOUT OBJECTION, THE MOTION. I MOVE TO LAY THE MOTION ON THE TABLE. WITHOUT OBJECTION. THERE WILL NOW BE TWO MINUTES, EVENLY DIVIDED ON AMENDMENT 763. THE SENATOR FROM SOUTH CAROLINA. A SENATOR: THE E.P.A. THREE YEARS AGO CAME OUT WITH A RULING THAT BANS THESE OVER-THE-COUNTERREN HAILERS THAT THAT -- MR. ROBERTS: I DON THINK THE SENATE IS IN ORDER. I HAVE A BILL ON THIS AMENDMENT WHICH IS THE SAME THING. THE BY ASK FOR REGULAR ORDER. SENATE WILL BE IN ORDER. THE SENATOR FROM SOUTH CAROLINA. THE E.P.A. HAS EVEN THOUGH ACKNOWLEDGED NEGLECT RELIGIONABLE IMPACT ON THE ENVIRONMENT. MY AMENDMENT KEEPS THIS RULE FROM GOING INTO -- INTO EFFECT UNTIL THE MANUFACTURER CAN COMPLETE ITS WORK WITH F.D.A. TO CHANGE ITS PROPEL APARTMENT. LET'S ALLOW AMERICANS TO CONTINUE THEIR QUALITY OF LIFE WHILE WE SOLVE THE PROBLEM. JANUARY. WE DON'T NEED TO DO THAT THIS IT WILL BE SOLVED WITHOUT THE F.D.A. ENFORCING THIS RULE. AND I RESERVE THE BALANCE OF MY TIME. THE SENATOR FROM CALIFORNIA. THE SENATE IS NOT IN ORDER. COLLEAGUES, THIS AMENDMENT AFFECTS THE ABILITY OF PEOPLE WITH ASTHMA TO PURCHASE AN INHALER THAT WORKS. AND THE AMERICAN LUNG ASSOCIATION OPPOSES THIS AMENDMENT. THE AMERICAN THORACIC SOCIETY WHICH IS THE EXPERT, THESE ARE THE EXPERTS ON ANYTHING TO DO RESPIRATORY DISEASES, 150,000 DOCTORS OPPOSE THIS AMENDMENT. I'M PERPLEXED BY IT BECAUSE THE REASON WE WANT TO GET AWAY FROM THESE C.F.C.'S IS BECAUSE RONALD REAGAN SIGNED THE TREATY TO DO AWAY WITH THEM AND GEORGE W. BUSH PASSED THE RULE TO DO AWAY WITH THEM. SO ON BEHALF OF THE PEOPLE WHO DEPEND ON INHALERS THAT WORK RIGHT, THAT DON'T USE C.F.C.'S, I HOPE WE'LL STAND WITH THE LUNG ASSOCIATION AND THE 150,000 DOCTORS OF THE THORACIC SOCIETY. I HOPE WE'LL VOTE THIS DONE. MADAM PRESIDENT, 18 HOW MUCH TIME DO I HAVE LEFT? SECONDS. THERE ARE MANY DOCTORS WHO WANT FOLKS TO GET PRESCRIPTIONS BUT LET THREE INHALERS. MILLION AMERICANS ACCESS THESE THEY DO NOT CAUSE PROBLEMS WITH THE ENVIRONMENT, THE E.P.A. HAS RECOGNIZED IT'S NEGLECT NEGLIGIBLE AND THE MANUFACTURERS WILL HAVE IT WORKED OUT OVER THE NEXT FEW THE YEARS. SENATOR FROM'S TIME HAS EXPIRED. THANK YOU, MADAM PRESIDENT. IS THERE A SUFFICIENT SECOND? THERE IS. THE CLERK WILL CALL THE ROLL. VOTE: VOTE: MOVE TO RECONSIDER AND LAY IT ON THE TABLE. THE MAJORITY LEADER. IT IS MY UNDERSTANDING ON THE -- IT IS MY UNDERSTANDING ON THE NEXT VOTE THAT'S SCHEDULED, THE CRAPO A.M., THAT SENATOR CRAPO AND SENATOR STABENOW WISH TO ENTER INTO A COLLOQUY, AND I ASK UNANIMOUS CONSENT THEY BOTH BE GIVEN TWO MINUTES TO EXPLAIN WHAT THIS IS ALL ABOUT. WITHOUT OBJECTION. MADAM PRESIDENT? THE I WILL WITHDRAW SENATOR IDAHO. THIS AMENDMENT AT THE CONCLUSION OF THIS COLLOQUY, BUT I WANTED TO MAKE SURE WE UNDERSTAND WHAT THE AMENDMENT DOES. THIS AMENDMENT PROHIBITS ANY FUNDS FROM BEING USED BY THE CFTC TO PROMULGATE ANY FINAL RULES UNDER TITLE 7 UNTIL THE AGENCY SUBSTANTIATES THAT THOSE RULES ARE ECONOMICALLY BENEFICIAL, ADD HERE TO CONGRESSIONAL INTENT TO PROVIDE END USERS FROM A CLEAR EXEMPTION FROM MARGIN REQUIREMENTS. WHILE THERE IS NOT YET YET A BIPARTISAN AGREEMENT TO GO FORWARD WITH THIS AMENDMENT AT THIS TIME, THERE IS A BIPARTISAN LIST OF ISSUES THAT REGULATORS NEED TO ADDRESS. THEY NEED TO PROTECT END USERS FROM BURDENSOME MARGIN REQUIREMENTS. MARGIN REQUIREMENTS CURRENTLYING ANOTHER THE CLEAR INTENT OF CONGRESS NOT TO IMPOSE THEM ON END USERS. TO LIMIT THE EXTRATERRITORIAL APPLICATION OF TITLE 7 IN SECTION 722 AND 764. HOUSE OF REPRESENTATIVES. THIS IS ALSO BE ADDRESSED IN THE THEY NEED TO ENCOURAGE GREATER HARMONIZATION BETWEEN THE S.E.C. AND INTERNATIONAL REGULATORS FOR CROSS-BORDER ISSUES AND THEY NEED TO ENSHOULD THAT YOU ARE THE NEW RULES ARE SUBJECT TO QUANTITYIVE ASSESSMENT OF COST AND BENEFITS. THE REGULATORRERS INVOLVED IN OUR RULE-MAKING PROCESS SHOULD KNOW THAT CONGRESS IS GOING TO CLOSELY MONITOR HOW THEY PROCEED AND WE EXPECT A CHANGE IN COURSE. COURSE, THEN WE'LL NEED TO IF WE DON'T GET THAT CHANGE IN LEGISLATION. RETURN TO THIS KIND OF I WANT TO THANK SENATOR STABENOW FOR WORKING WITH ME. SHE AND MANY OTHER SENATORS ACROSS THE AISLE HAVE INDICATED A WILLINGNESS TO HELP TRY TO ACHIEVE THESE OBJECTIVES AND TO WORK TOGETHER TO TRY TO MAKE THIS HAPPEN. SO, WITH THAT, I'D YIELD MY TIME TO SENATOR STABENOW. THE SENATOR FROM MICHIGAN. THANK YOU, MADAM PRESIDENT. FIRST, I WANT TO THANK MY COLLEAGUE FOR RAISING ISSUES OF GREAT IMPORTANCE TO ALL OF US, FINANCIAL REGULATORY REFORM IS CRITICALLY IMPORTANT FOR OUR COUNTRY MOVING FORWARD. AND SENATOR CRAPO AND I HAVE TALKED EARLIER ABOUT HIS AMENDMENT. WE HAVE A NUMBER OF AREAS IN WHICH WE SHARE CONCERN, AND I AM COMMITTED TO WORK WITH HIM ON THESE SHALLS. FIRST AND FOREMOST, I AGREE WITH MY FRIEND FROM IDAHO THAT WE NEED TO PROTECT OUR MANUFACTURERS, OUR RURAL CO-OPS, ENERGY PROVIDERS, OTHER COMPANIES THAT USE FINANCIAL PRODUCTS TO MANAGE THEIR LEGITIMATE BUSINESS RISKS. THESE END USERS DIDN'T CAUSE THE FINANCIAL CRISIS. AND SO WHEN WE PASS WALL STREET REFORM, WE INCLUDED PROTECTIONS FOR THEM. WE'VE HELD SEVERAL HEARINGS IN THE AGRICULTURE COMMITTEE TO REINFORCE THE REGULATORS TO REINFORCE TO THEM THAT MANUFACTURERS AND OTHERS NEED TO BE PROTECTED. OVERSIGHT. WE'LL CONTINUE TO DO THAT WE CERTAINLY AGREE AS NEW PRIEWLS ARE WRITTEN, WE NEED TO MAKE SURE THEY ARE OPEN AND THERE IS A TRANSPARENT PROCESS. I BELIEVE THAT COMMODITY FUTURES TRADING COMMISSION HAS CREATED FACT AN OPEN AND TRANSPARENT PROCESS AND HAS WORKED TO IMPROVE THAT PROCESS OVER TIME. THEY'VE HELD ROUND TABLES, SOUGHT PUBLIC COMMENT ON MAKING CHANGES BASED ON THOSE COMMENTS TO ENSURE THAT THE RULES WORK. BUT IT'S IMPORTANT THAT WE CONTINUE TO HAVE OVERSIGHT, WORK WITH THE AGENCIES TO MAKE SURE THAT THE RULES ARE RIGHT. WE WILL BE HOLDING ANOTHER FEW WEEKS. OVERSIGHT HEARING IN THE NEXT AND THE IT'S IMPORTANT THAT WE CONTINUE TO URGE THE REGULATORS TO BE MINDFUL OF THE EFFECTS ON AMERICAN BUSINESSES, BUT IT'S ALSO IMPORTANT TO REMEMBER THAT WE MASSED REFORM BECAUSE OF THE SERIOUS CONSEQUENCES OF THE FINANCIAL CRISIS. MILLIONS OF FAMILIES WHO LOST THEIR HOMES, COUNTLESS BUSINESSES SHUTTERED, 8 MILLION JOBS LOST. SO THAT WE NEED TO ENSURE THAT THE RULES ARE WRITTEN IN WAY THAT CREATES INCENTIVES TO BE ABLE TO KEEP JOBS HERE, FOR BANKS NOT TO MOVE THEIR OPERATIONS OVERSEAS, TO AVOID CONCERN. OVERSIGHT AND WE SHARE THAT WE NEED TO GET THE RULES RIGHT AND KEEP THE JOBS HERE IN MENCHT AND I -- AS I TOLD MY COLLEAGUE DLSH CONTINUE TO WORK WITH HIM ON THESE IMPORTANT ISSUES. THANK YOU. THE SENATOR FROM IDAHO. THANK YOU. MADAM PRESIDENT WITH THAT, UNDERSTANDING, I FIRST ASK THAT OUR FULL STATEMENTS FOR EACH OF THIS TIME. US BE PLACED IN THE RECORD AT WITHOUT OBJECTION. AND I WOULD ASK UNANIMOUS CONSENT THAT MY AMENDMENT BE WITHDRAWN. WITHOUT OBJECTION. MADAM PRESIDENT, I HAVE A UNANIMOUS CONSENT REQUEST. THE MAJORITY LEADER. MADAM PRESIDENT, I WOULD HOPE THAT EVERYONE JUST LISTENED TO AND WATCH THE EXEMPLARY WAY OF RIDDING AMENDMENTS. OURSELVES OF SOME OF THESE WE HAVE TWO MORE AMENDMENTS. IT WOULD BE GREAT IF WE DIDN'T HAVE TO VOTE ON THOSE. I THINK THAT THE EXPLANATION GIVEN BY THE TWO SENATORS IS AN INDICATION THAT PROGRESS CAN BE MADE, EVEN WITHOUT A VOTE. MADAM PRESIDENT? IS NOTER FROM MICHIGAN. I HAD HE ASK UNANIMOUS CONSENT THAT A STATEMENT OF MINE RELATIVE TO THE CRAPO AMENDMENT BE INSERTED IN THE RECORD. WITHOUT OBJECTION. THERE ARE TWO MINUTES EVENLY DIVIDED -- OR MAYBE NOT. I ASK UNANIMOUS THE AMENDMENT JUST CALLED IS NOT RIPE FOR DEBATE HERE. I WOULD ASK CONSENT THAT WE MOVE TO THE COBURN AMENDMENT. WITHOUT OBJECTION. THE SENATOR FROM OKLAHOMA. MADAM PRESIDENT, THIS IS A STRAIGHTFORWARD AMENDMENT ON A PROGRAM THAT FAILS 70% OF THE TIME. WE SPEND $35 MILLION A YEAR. IT HAS AN ABJECT FAILURE RATE, ONLY 30% OF IT RESULTS IN ANYTHING POSITIVE HAPPENING, 75% OF THE TIME IS DOES NOT. THE OBAMA ADMINISTRATION, THE BUSH ADMINISTRATION THOUGHT THIS PROGRAM SHOULD BE CANCELED. I YIELD THE BALANCE OF MY TIME. MADAM PRESIDENT, ONLY $6 MILLION IS PROVIDED FOR THIS PROGRAM, BUT IT MAKES A BIG DIFFERENCE FOR SMALL RURAL COMMUNITIES THAT ARE STRUGGLING TO PROVIDE AIR SERVICE. AIR SERVICE IS SO IMPORTANT TO JOBS AND ECONOMIC DEVELOPMENT IN THESE REGIONS. IT'S IMPORTANT TO NOTE THAT THERE IS A REQUIREMENT FOR STATE AND LOCAL PARTICIPATION IN THESE PROGRAMS AND THAT THERE'S A HIGH DEMAND. NEARLY 300 COMMUNITIES ACROSS THIS COUNTRY HAVE BENEFITED FROM ESTABLISHED. THIS PROGRAM SINCE IT WAS SENATOR HUTCH SON OF HAS OFFERED TO TIGHTEN UP THE PROGRAM TO MEET THE CONCERNS OF THE SENATOR FROM OKLAHOMA. I URGE MY COLLEAGUES TO REJECT THE AMENDMENT. THIS IS REALLY CRITICAL TO SMALL, RURAL COMMUNITIES. MADAM PRESIDENT? THE SENATOR FROM OKLAHOMA. BURN *** WHAT THE SENATOR FROM MAINE -- WHAT THE SENATOR JUST SAID, $2.8 MILLION MIGHT BE SUCCESSFUL. WITH ADS 15 TRILLION DEBT, WE CAN'T CONTINUE TO DO THIS NO MATTER HOW GREAT IT SOUNDS WHEN IT FAILS 70% OF THE TIME. I ASK FOR THE YEAS AND NAYS. IS SECOND? THERE APPEARS TO BE. THERE IS. THE CLERK WILL CALL THE ROLL. VOTE: RO ?REET VOTE: HAS EVERY MEMBER VOTED? DOES ANY MEMBER WISH TO CHANGE HIS OR HER VOTE? ON THIS AMENDMENT THE AYES ARE 41, THE NAYS ARE 57. TO. THE SENATOR FROM UTAH. I HAVE A MOTION TO RECOMMIT AT THE TABLE. THE MOTION IS PENDING AND THE SENATOR HAS ONE MINUTE. MR. PRESIDENT, I FILED THIS MOTION TO RECOMMIT H.R. 2112 WITH INSTRUCTIONS TO SEND THIS MINIBECAUSE BUST BACK TO THE COMMITTEE ON APPROPRIATIONS FOR ONE SIMPLE REASON. I SPENDS MORE FOR THE SAME SET OF EXPENDITURES IN FISCAL YEAR 2012 THAN IT DID IN 2011 TO THE TUNE OF ABOUT $10 BILLION. I UNDERSTAND THAT THERE ARE REASONS FOR THIS EXCESS. I UNDERSTAND THAT WHEN WE LOOK AT INDIVIDUAL COMPONENTS OF THE 2012 PROVISION, THERE MAY BE SOME CUTS IN THERE. BUT THE OVERALL PICTURE, THE ENTIRE PIE, IS ABOUT $10 BILLION MORE THAN WHAT WE HAD IN F.Y. 2011. UNLESS WE CAN BE OPEN AND TRANSPARENT WITH THE AMERICAN PEOPLE AND ACKNOWLEDGE THE FACT THAT WE ARE IN FACT SPENDING MORE, I THINK THIS IS A PROBLEM. WE'VE GOT TO GET THIS FISCAL HOUSE IN ORDER AND THIS IS HOW IT'S PER INTERNET PET 2008ED WHEN WE CLAIM WE'RE CUTTING WHEN WE'RE IN FACT SPENDING MORE. THAT'S THE REASON FOR THIS MOTION TO COMMIT AND I URGE MY COLLEAGUES TO SUPPORT IT. THE SENATOR FROM HAWAII. THIS MOTION PURPORTS TO CUT SPENDING BUT THIS MOTION IS EXTREMELY MISLEADING BECAUSE INCREASED MANDATORY SPENDING INCLUDING THE -- IN THE THREE BILLS, THEY'RE NOT TOUCHING THAT. AGRICULTURE ALONE WOULD SEE A BILLION CUT DUE TO INCREASES IN MANDATORY PROGRAMS. IF YOU INCLUDE EMERGENCY DISASTER RELIEF, IT WOULD FORCE AN ADDITIONAL CUT OF $3.2 BILLION. MR. PRESIDENT, THE MEASURE BEFORE US PERTAINS TO OUR 302(B) ALLOCATION SCORED BY THE C.B.O. AND THE SENATE BUDGET COMMITTEE AND IT MEETS EVERY REQUIREMENT. BUDGET CONTROL ACT. I STRONGLY URGE A "NO" VOTE. A SENATOR: I ASK FOR THE YEAS AND NAYS. IS THERE A SUFFICIENT SECOND? THERE APPEARS TO BE. THERE IS. THE CLERK WILL CALL THE ROLL. VOTE: ARE THERE ANY SENATORS IN THE CHAMBER WISHING TO VOTE OR CHANGE THEIR VOTE? ON THIS MOTION, THE YEAS ARE 39, THE NAYS ARE 60. FAILED. THE MOTION TO RECOMMIT HAS A SENATOR: MR. PRESIDENT? I HAVE -- RIGHT HERE, MR. PRESIDENT? I MOVE TO CAREER THE VOTE BY WHICH THE BILL WAS PASSED. WITHOUT OBJECTION. I RAISE THE GERMANENESS POINT OF ORDER AGAINST THE PENDING AMENDMENT NUMBER 764. THE POINT OF ORDER IS SUSTAINED AND THE AMENDMENT FALLS. UNDER THE PREVIOUS ORDER, THE -- THE REMAINING COBURN AMENDMENTS ARE WITHDRAWN. THE CLERK WILL READ THE BILL FOR THE THIRD TIME. CALENDAR NUMBER 155, H.R. 2112, AN ACT MAKING APPROPRIATIONS FOR AGRICULTURAL, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION AND RELATED AGENCIES PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2012, AND FOR OTHER PURPOSES. THE QUESTION IS ON THE PASSAGE OF THE BILL AS AMENDED. IS THERE A SUFFICIENT SECOND? THERE IS A SUFFICIENT SECOND. THE CLERK WILL CALL THE ROLL. VOTE: VOTE: