Kirsten Gillibrand

Mrs. GILLIBRAND

Mrs. GILLIBRAND. I suggest the absence of a quorum.

Mrs. GILLIBRAND. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mrs. GILLIBRAND. Mr. President, we have an incredibly important opportunity to do something so basic, so commonsense to begin restoring the faith and trust that the American people have in this institution. We have a responsibility to do it right, to show without question, without any ambiguity, that all Members of Congress, their staffs, and Federal employees play by the exact same rules as everyday Americans. The American people deserve to know their lawmakers' only interest is in what is best for the country, not their financial interest. Members of Congress, their families, their staffs, and Federal employees should not be able to gain any personal profit from information they have access to that ordinary Americans do not--whether it is trading stock or making inside real estate deals. It is simply not right. Nobody should be above the rules. The commonsense bill before us would finally codify this principle into law, as it should be. Chairman Lieberman, Ranking Member Collins, Senator Brown of Massachusetts, and their committee members and staffs have crafted a very strong bipartisan bill with teeth that is narrowly tailored and targeted to ensure that we achieve this very common goal. Because of this bipartisan work, last night this Chamber came together in what has become nearly an unprecedented fashion these days and voted almost unanimously to begin debate on this sorely needed legislation. As we continue to debate, I urge my colleagues to focus on the specific task at hand. Let's show the American people we can come together and get this done to begin to restore their trust in us. If there are ideas to make the bill stronger, let's debate them. But let's not get bogged down in the politics as usual, with nongermane side issues that will prevent us from swiftly moving on an up-or-down vote the American people expect of us. We are already starting in a strong position with our colleagues in the House. This STOCK Act legislation is very similar to legislation introduced by my colleague in the New York delegation, Congresswoman Louise Slaughter, and Congressman Tim Walz. I thank them for their longstanding advocacy and focus and leadership on this important issue. Our bill, which has received the support of at least seven good government groups, covers several very important principles. First, Members of Congress, their families, their staffs, and Federal employees should be barred from gaining any personal profit on the basis of knowledge gained through their congressional service or from using knowledge to tip off anyone else. This bill will, for the first time, establish a clear fiduciary responsibility to the people we serve. This simple step removes any present doubts as to whether the SEC and the CFTC are empowered to investigate and prosecute cases involving insider trading of securities from using this nonpublic information. It also provides additional teeth. Such acts would also be in violation of Congress's own rules, to make it clear that this activity is inappropriate and subjects Members to additional disciplinary measures by this very body. Second, Members should be required to disclose major transactions within 30 days to make this information available online for their constituents to see, providing dramatically improved oversight and accountability. We should be able to agree that these reports should be available in the light of day and not stored in some dusty back room. The committee heard experts testifying during a Senate hearing that reducing this new reporting requirement to 90 days was not good enough. The committee listened to these experts carefully, and the bill has been strengthened and currently has a 30-day proposal, a sea change of improvement from the current reporting requirement of a yearly reporting requirement on a paper document. Some critics say this bill is unnecessary and is already covered under current statutes. I have spoken with experts tasked in the past with investigations of this nature, and they strongly disagree. We must make it clear as day and unambiguous that this kind of behavior is illegal. President Obama told us in the State of the Union to send him a bill, and he will sign it right away. We should not delay. This is the time to act. Let's show people who send us here that we can come together and do the right thing. Let's show them we know they deserve a government that is worthy of them. We have an opportunity to take a step toward restoring some of the faith that has been lost in Washington and in this institution. I urge my colleagues to seize this opportunity. I yield the floor, and I suggest the absence of a quorum.

Mrs. GILLIBRAND

Mrs. GILLIBRAND. I wish to commend the leader for his forbearance and patience in this very long and extended process. But we are making great efforts to come together to work in a bipartisan way to accomplish something good for the American people and to begin to restore faith and trust in this institution and in our government. So I thank our leader. We are so grateful for his patience. I also thank the chairman for his work in leading this legislation.

Mrs. GILLIBRAND. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mrs. GILLIBRAND

Mrs. GILLIBRAND. Mr. President, I ask unanimous consent that the Senate proceed to a period of morning business with Senators permitted to speak therein for up to 10 minutes each.

Mrs. GILLIBRAND

Mrs. GILLIBRAND. Mr. President, I ask unanimous consent that the Senate proceed to the consideration of S. Res. 365, submitted earlier today.

Mrs. GILLIBRAND. Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motions to reconsider be laid upon the table, with no intervening action or debate, and any statements relating to the matter be printed in the Record.

Mrs. GILLIBRAND

Mrs. GILLIBRAND. Mr. President, I ask unanimous consent that the Senate adjourn until 9:30 a.m. on Thursday, February 2, 2012; that following the prayer and the pledge, the Journal of proceedings be approved to date, the morning hour be deemed to have expired, and the time for the two leaders be reserved for their use later in the day; that following any leader remarks, the Senate be in a period of morning business until 11 a.m., with Senators permitted to speak therein for up to 10 minutes each, with the time equally divided and controlled between the two leaders or their designees, with the majority controlling the first half and the Republicans controlling the final half; and that following morning business, the Senate resume consideration of S. 2038, the Stop Trading on Congressional Knowledge Act.

Mrs. GILLIBRAND

Mrs. GILLIBRAND. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of S. Res. 366, submitted earlier today.

Mrs. GILLIBRAND. Mr. President, I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motion to reconsider be laid upon the table, with no intervening action or debate, and any statements relating to the measure be printed in the Record.

Mrs. GILLIBRAND

Mrs. GILLIBRAND. Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that it adjourn under the previous order.

Mrs. GILLIBRAND

Mrs. GILLIBRAND. The managers of the bill will continue to negotiate an agreement to complete action on the bill tomorrow. Senators will be notified when any agreement is reached. Mr. President, I commend Leader Reid and Chairman Lieberman for their strong work, along with Senator Collins for her work in reaching bipartisan resolutions on this issue. We will continue to work through the night hoping to reach a resolution early in the day.

Mrs. GILLIBRAND

Mrs. GILLIBRAND. I further ask unanimous consent that the bill be read a third time and passed, the motion to reconsider be laid upon the table, with no intervening action or debate, and that any statements relating to the measure be printed in the Record.

Mrs. GILLIBRAND. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 304, S. 1296.

Mrs. GILLIBRAND

Mrs. GILLIBRAND. Mr. President, I ask unanimous consent that the Committee on Environment and Public Works be discharged from further consideration of H.R. 588, and the Senate proceed to its immediate consideration.

Mrs. GILLIBRAND. I ask unanimous consent that the bill be read a third time and passed, the motion to reconsider be laid upon the table, and any statements relating to the measure be printed in the Record.

Mrs. GILLIBRAND

Mrs. GILLIBRAND. I thank my colleague from Massachusetts for his strong advocacy on such an important issue. I would like to recognize Chairman Lieberman and Ranking Member Collins for their leadership and advocacy and their work on getting this out of the committee so quickly. I urge my colleagues to vote yes on cloture tonight on this bipartisan bill to ensure clearly and unambiguously that all Members of Congress, their staffs, and Federal employees play by the exact same rules as all the American people. The American people deserve the right to know their lawmaker's only interest is what is best for the country, not their own financial interests. Members of Congress and their families and staff should not be able to gain personal profit from information to which they have access that everyday middle-class Americans do not. It is simply not right. Nobody should be above the rules. I introduced a bipartisan bill in the Senate with 28 of our colleagues from both sides of the aisle to close this loophole. The STOCK Act legislation is very similar to the legislation introduced by my friends in the House of Representatives, Congresswoman Louise Slaughter and Congressman Tim Walz. I thank them for their longstanding advocacy and dedication to this important cause. I again thank Chairman Lieberman, Ranking Member Collins, and all the committee members for their work in acting swiftly to move this bipartisan, commonsense bill to the floor for a vote. I also thank Leader Reid for his leadership in moving this body forward to this important debate and an up-or-down vote that the American people deserve. Our bill, which has received the support of at least seven good- government groups, covers two important principles: First, Members of Congress, their families, and their staff should be barred from buying or selling securities on the basis of knowledge gained through their congressional service or from using the knowledge to tip off anyone else. The SEC and the CFTC must be empowered to investigate these cases. To provide additional teeth, such acts should also be in violation of Congress's own rules, to make it clear that the activity is inappropriate. Second, Members should be required to disclose transactions within 30 days, to make this information available online for their constituents to see, providing dramatically improved oversight and accountability from the current annual hard copy reporting. I am pleased that the final product that passed with bipartisan support out of the committee is a strong bill with teeth and includes measures such as ensuring that Members of Congress cannot tip off others with nonpublic information gained through their duties and ensuring that trading with this information would be a violation of Congress's own ethics rules. Some critics have said this bill is unnecessary and is already covered under current statutes. I have spoken with experts tasked in the past with investigations of this nature, and they strongly disagree. We must make it unambiguous that this kind of behavior is illegal. My home State newspaper, the Buffalo News, noted: . . . the STOCK Act would ensure that it is the people's business being attended to. President Obama said in his State of the Union--send him the bill and he will sign it right away. We should not delay. It is time to act. I urge my colleagues to vote yes tonight for cloture so we can pass this bill without delay. Let's take this step to begin rebuilding the trust necessary in Congress.

Mrs. GILLIBRAND

Mrs. GILLIBRAND. Mr. President, I ask to speak as in morning business.

Mrs. GILLIBRAND

Mrs. GILLIBRAND. Like millions of Americans all across our country, I was shocked to learn that insider trading by Members of Congress, in fact, and their families and their staff, using nonpublic information gained through their congressional work, is not clearly and expressly prohibited by law and the rules of Congress. The American people need to know that their elected leaders play by the exact same rules by which they have to play. They also deserve the right to know their lawmakers' only interest is what is best for the country, not what is best for their own financial interests. Members of Congress, their families and staff, should not be able to gain personal profits from information they have access to that everyday middle-class American families do not. It is simply not right. Nobody should be above the rules. I introduced a bipartisan bill in the Senate with 28 of our Senate colleagues from both sides of the aisle to close this loophole. The STOCK Act legislation is very similar to the legislation introduced by my friends in the House, Congresswoman Louise Slaughter and Congressman Tim Walz. I thank them for their longstanding dedication and leadership to this important issue. I also thank Chairman Lieberman, Ranking Member Collins, and all of the committee members for their work in acting swiftly to move this bipartisan bill out of committee with a sense of common purpose straight to the floor for a vote. I thank Leader Reid for his leadership and support in bringing up this bill before the full Senate. Our bill, which has received the support of at least seven good government groups, covers two important principles. First, Members of Congress, their families and their staff, should be barred from buying or selling securities on the basis of knowledge gained through their congressional service or from using the knowledge to tip off someone else. The SEC and the CFTC must be empowered to investigate these cases. To provide additional teeth, such acts should also be in violation of Congress's own rules to make it clear that this activity is not only against the law but inappropriate for this body. Second, Members should also be required to disclose major transactions within 30 days, to make information available online for their constituents to see, providing dramatically improved oversight and accountability from the current annual reporting requirements. I am pleased the final product that passed with bipartisan support in the committee is a strong bill with teeth and includes measures such as ensuring that Members of Congress cannot tip off others with nonpublic information gained through their duties and ensured trading from this information would also be a violation of Congress's own ethics rules. Some critics say the bill is unnecessary and is already covered under current statutes. I have spoken to experts tasked in the past with investigations of this nature and they strongly disagree. We must make it unambiguous that this kind of behavior is illegal. As my home State newspaper, the Buffalo News, notes: The STOCK Act would ensure that it's the people's business being attended to. President Obama said in his State of the Union Address, send this bill and he will sign it right away. We should not delay. It is time to act and take a step right now to begin restoring the trust that is broken in Congress. I yield the floor.

Mrs. GILLIBRAND

Mrs. GILLIBRAND. Madam President, I am very proud to support the nomination of Caitlin Halligan to the U.S. Court of Appeals for the District of Columbia. Caitlin Halligan has distinguished herself through her commitment to fairness, reasoned intellect, personal ethics, and a profound respect for the law. Unfortunately, it appears that some of my colleagues are determined to criticize her, regardless of the facts or her record. The major concern seems to be the workload demands for the DC Circuit. This is not a reason to oppose this candidate's nomination. In 2008, the Senate acted to reduce the number of seats on the DC Circuit from 12 to 11, increasing the caseload for each of the judges. Currently, there are only eight active judges on the DC Circuit, leaving the bench more than 27 percent vacant. That means the U.S. Circuit Court currently has three vacancies--three vacancies on a court that is currently handling more than 1,200 cases; three vacancies on a court that handles some of the most complicated decisions, including terrorism cases. Today we have the opportunity to fill one of these vacancies on the DC Circuit, often called the second most important court in the entire United States. The caseload of the DC Circuit has remained consistent since 2005, while the number of cases per judge has increased by 33 percent. If Ms. Halligan is confirmed, it will reduce that caseload from its current level of approximately 161 pending cases to approximately 143 per judge, still substantially higher than during the previous administration. The DC Circuit Court of Appeals reviews complicated decisions and rulemaking of many Federal agencies and in recent years has handled some of the most important terrorism and detention cases since the horrific attacks on September 11. These cases are complex, requiring additional time to allow for the consideration they demand. Many of my colleagues have raised concerns with positions Ms. Halligan advocated while solicitor general of New York. She filed briefs at the direction of the Attorney General. She was not promoting her own personal views. Many of these cases focused explicitly on New York State's rights to govern in traditional State law areas. Caitlin Halligan is a woman of superb intellect, a history of laudable achievements, and a record of outstanding public service. Not only does she deserve an up-or-down vote, but on the merits she deserves the full support of the Senate. I ask my colleagues to allow for an up-or-down vote on Caitlin Halligan's nomination. Let's debate Ms. Halligan on her merits. She deserves nothing less. Madam President, I yield the floor.

Mrs. GILLIBRAND

Mrs. GILLIBRAND. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mrs. GILLIBRAND. Mr. President, I am proud to support Caitlin Halligan's nomination to the U.S. Court of Appeals for the DC Circuit. Caitlin Halligan's impeccable career spans public and private practice, similar to that of John Roberts when he was confirmed unanimously to the DC Circuit. Ms. Halligan served as solicitor general of New York, a leading appellate lawyer at Weil, Gotshal & Manges, and currently as general counsel at the New York County district attorney's office, which investigates and prosecutes 100,000 criminal cases annually. She clerked for Supreme Court Justice Breyer and Judge Patricia Wald on the DC Circuit. The ABA's Standing Committee on the Federal Judiciary unanimously rated Ms. Halligan ``well qualified'' to serve on the DC Circuit. Ms. Halligan has support from across the political spectrum, including Miguel Estrada, Carter Phillips, and officials in Democratic and Republican administrations. Twenty-three former U.S. Supreme Court clerks, the National District Attorneys Association, the National Conference of Women's Bar Associations, and the U.S. Women's Chamber of Commerce are supporting her nomination. New York City police commissioner Ray Kelly has said Ms. Halligan has three qualities that are important for a nominee--intelligence, judicial temperament, and personal integrity. Unfortunately, it appears some of my colleagues are determined to criticize Caitlin Halligan regardless of the facts. One of the criticisms of Ms. Halligan is positions she advocated for while serving as solicitor general. She filed briefs at the direction of New York's attorney general and argued on behalf of the State. That was her job. She was not promoting her personal views. Ms. Halligan testified she would faithfully follow and apply the Supreme Court's precedent from Heller and McDonald. When asked whether the rights conferred under the second amendment are fundamental, she answered: ``That is clearly what the Supreme Court held, and I would follow that precedent.'' Let me also address the workload concerns brought up by some of my fellow Senators. There are currently only eight active judges on the DC Circuit, making it one-quarter vacant. Miss Halligan has been nominated to fill the ninth seat--one of three current vacancies on the court. The Senate confirmed four of President Bush's nominees for the DC Circuit; however, the court's caseload is higher now than it was when President Bush's nominees were confirmed. If Ms. Halligan was confirmed today, it would reduce the caseload from its current level of 161 cases to approximately 143 cases per judge. Women have been woefully underrepresented by the DC Circuit, often characterized as the second most important court in our entire Nation. Only 5 of the 57 judges serving throughout the history of the DC Circuit have been women. Ninety-one percent of the judges on this court throughout its 41-year history have been men. If we continue down this road of filibustering nominees simply because their nomination originates across the aisle, we will establish an impossible standard that no nominee could or would ever meet. Caitlin deserves an up-or-down vote, just as the Republicans advocated for their past judicial nominees. The bottom line is that there is no credible opposition to her nomination or her confirmation. Caitlin Halligan has distinguished herself throughout her career. She has established a commitment to fairness, reasoned intellect, steadfast integrity, and profound respect for the law. I look forward to supporting Caitlin Halligan's confirmation to the U.S. Court of Appeals for the District of Columbia, and I urge my fellow colleagues to support her nomination. Nomination of James Rodney Gilstrap

Mrs. GILLIBRAND

Mrs. GILLIBRAND. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mrs. GILLIBRAND. Mr. President, one of the reasons I came to Congress was to be a voice for our troops and our military families. They answer a call higher than any other, fighting to protect our country, our way of life, our values--all that we hold dear. Our men and women in uniform fight, put their lives on the line every day for us, and our job is to fight for them and ensure that when they come home, they have an opportunity to go to college, find a good-paying job, afford a new home, start a family, have access to quality health care. After a decade of two wars in Iraq and Afghanistan, we have asked more of our military than ever before, including our National Guard and Reserves. Our Reserve components are deployed in record numbers, including serving in combat zones. While they serve alongside our Active-Duty military, our Guard and Reserve members do not have access to all of the assistance, services, and benefits that the troops they fight shoulder to shoulder with have. Currently, our Guard and National Reserve members are left largely on their own to find and obtain services that they need to recover from combat, rejoin their families, and adjust back to normal civilian life. This needs to change. I am offering amendment No. 1211, together with my colleague, Senator Blunt of Missouri, to give our National Guard and Reserve members the services they not only deserve but desperately need. This amendment would expand access to health care, family and financial counseling, and other services to which the Guard and Reserve members currently do not have full access. My amendment extends nationwide a highly successful program that is existing right now in Vermont. It would set up a system of support of fellow veterans across the country serving as outreach specialists, people our Guard and Reserve members can talk and relate to, and help them get access to the services they need. It would give the Defense Department the additional resources it needs to provide counseling and reintegration services for National Guard and Reserve members. This amendment has the strong support of the National Guard Association, which said this amendment would help ensure that 448,000 National Guard men and women who have served in Iraq and Afghanistan since 9/11 are provided with the necessary services upon their return from war. Members of the National Guard and Reserve are the citizen soldiers who step up and accomplish extraordinary acts of valor and bravery for our country. They are veterans. They deserve these services when they return because of the sacrifices they made and continue to make for our great country. Amendment No. 1189 I would also like to speak in support of the amendment of Senator Murray, amendment No. 1189. Mental health disorders, substance abuse, and traumatic brain injuries affect nearly 20 percent of all servicemembers who have been deployed to Iraq and Afghanistan--that is one in five. But, unlike Active-Duty servicemembers, Guard and Reserve members do not have direct access to the counseling services they need, putting enormous strain on these veterans and the families who stand by them and who have stood by them. The amendment of Senator Murray would embed mental health professionals in armories and Reserve centers, bringing mental health support within reach for Guard and Reserve members where and when they need it. I yield the floor, and I suggest the absence of a quorum.