E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION

Vol. 157 WASHINGTON, WEDNESDAY, MAY 18, 2011 No. 69 House of Representatives The House was not in session today. Its next meeting will be held on Monday, May 23, 2011, at 2 p.m. Senate WEDNESDAY, MAY 18, 2011

The Senate met at 10 a.m. and was to the Senate from the President pro RECOGNITION OF THE MINORITY called to order by the Honorable tempore (Mr. INOUYE). LEADER KIRSTEN E. GILLIBRAND, a Senator from The legislative clerk read the fol- The ACTING PRESIDENT pro tem- the State of New York. lowing letter: pore. The Republican leader is recog- U.S. SENATE, nized. PRAYER PRESIDENT PRO TEMPORE, f The Chaplain, Dr. Barry C. Black, of- Washington, DC, May 18, 2011. fered the following prayer: To the Senate: OFFSHORE PRODUCTION AND Let us pray. Under the provisions of rule I, paragraph 3, SAFETY ACT of the Standing Rules of the Senate, I hereby Ever loving and eternal God, source Mr. MCCONNELL. Madam President, appoint the Honorable KIRSTEN E. of light that never dims and of love GILLIBRAND, a Senator from the State of New last night, Senate Democrats put forth that never fails, draw near to our Sen- York, to perform the duties of the Chair. a plan to raise taxes on American en- ators as You teach and lead them near- DANIEL K. INOUYE, ergy that, in their words, would have er to You. Make them children of faith President pro tempore. done nothing to lower the price of gas and heirs of peace. May they tackle Mrs. GILLIBRAND thereupon as- at the pump. As the chairman of the each challenge with integrity and sumed the chair as Acting President Finance Committee put it: ‘‘That’s not faithfulness, cheerfulness and kindness, pro tempore. the issue.’’ optimism and civility. Lord, keep them I think for most Americans, high gas ever mindful of life’s brevity and of the f prices actually are the issue. importance of being faithful even in According to a Gallup poll that came RECOGNITION OF THE MAJORITY little things. Give them the wisdom to out this week, nearly 7 out of 10 Ameri- LEADER be patient with others, ever lenient to cans say the high cost of gas at the their faults, and ever prompt to praise The ACTING PRESIDENT pro tem- pump is causing financial hardship for their virtues. May they bear with one pore. The majority leader is recog- their families. More than half of Amer- another’s burdens and so fulfill Your nized. icans say they have made major changes to compensate for it. More law. f We pray in Your sacred Name. Amen. than 1 in 5 say high gas prices are jeop- SCHEDULE ardizing their standard of living. f Americans are struggling. My con- PLEDGE OF ALLEGIANCE Mr. REID. Madam President, fol- stituents in Kentucky are hurting. lowing any leader remarks, the Senate The Honorable KIRSTEN E. They want relief, and all they are get- will be in morning business until 10:30 GILLIBRAND led the Pledge of Alle- ting from Democrats in Washington is giance, as follows: this morning. At 10:30, the Senate will a dog and pony show. Their own Mem- resume consideration of the motion to I pledge allegiance to the Flag of the bers admit their legislative proposals United States of America, and to the Repub- proceed to S. 953. There will be 4 hours are gimmicks. They spent a week vili- lic for which it stands, one nation under God, of debate. At approximately 2:30 p.m., fying the energy industry and another indivisible, with liberty and justice for all. there will be a rollcall vote on the mo- week trying to punish them. f tion to proceed to that legislation, The legislation they proposed yester- with a 60-vote threshold. I filed cloture day would have done three things: de- APPOINTMENT OF ACTING last night on the nomination of Good- stroy jobs, send American jobs over- PRESIDENT PRO TEMPORE win Liu to be a U.S. circuit judge for seas, and make us more dependent on The PRESIDING OFFICER. The the Ninth Circuit. The cloture vote on foreign sources of oil. That is what yes- clerk will please read a communication his nomination will be tomorrow. terday’s bill would have done.

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

S3063

.

VerDate Mar 15 2010 23:29 May 18, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A18MY6.000 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3064 CONGRESSIONAL RECORD — SENATE May 18, 2011 Democrats themselves admit it Finally, it is imperative we put in tional Police Week and to speak to the would not lower gas prices by a penny. place a process that makes bureaucrats service of the brave men and women in So it is a fair question: What in the operate more efficiently on the crucial local law enforcement. But, first, I feel world are they doing? Once again, issuance of permits. That is why our compelled to make a comment in re- Democrats have been faced with a cri- plan puts time limits on the review of sponse to the exchange between the sis and have done their best to turn it and decision on drilling permits, pro- majority leader and the Republican into a political exercise rather than viding for 30 days of application review, leader, to simply speak, if I could, doing something to actually help peo- with two opportunities for the Interior briefly about the ongoing pain each ple and create jobs. Department to extend the time period. and every working American family They pushed a tax on energy because Beyond that, it provides for a default feels when they go to the gas station. evidently some of their leaders think it approval if Interior does not reject the With the price of gasoline at an all- polls well. So does Mother’s Day. I application within 60 days, and it di- time high, with the price of gasoline would suggest Democrats spend a little rects the Interior Department to pro- flirting with $4 a gallon, with the price more time looking at the price of gas vide rationale for rejection of permits. of oil retreating from an alltime high, at their local gas stations than at the This bill is not our last on this crisis. and with, most importantly, oil com- latest polling numbers about class war- We could do a lot more to increase pro- pany profits gushing through the roof fare rhetoric. duction here at home, and we should. and hitting an alltime high, Members At a time when Americans are genu- But it offers solutions, and every provi- of our party, Members of this body inely struggling out there, the Demo- sion in this bill has bipartisan support. came forward yesterday with a bill crats have chosen to waste 2 weeks At a time of near record gas prices, which got more than 50 votes but failed making a political statement rather this is a modest approach, a good first to hit the 60 needed in this body to than in trying to make a difference. step that takes everyone’s concerns make for cloture, which would have The American people deserve a lot into account so we can actually made significant progress on dealing better than that, and that is why Re- achieve a practical result. with our deficit. publicans have offered the Offshore That is what Americans want. It is We just heard a comment on the floor Production and Safety Act of 2011, time to stop pointing fingers. It is time that we need to stop picking winners which we will vote on later today. to stop picking winners and losers. It is and losers and need to move forward in Our plan has basically three objec- time to stop telling Americans what is helping America end its dependence on tives; first, to restore American off- best for them. foreign energy. I could not agree more shore production; second, to improve It is time to stop holding Americans because the expenditures through our safety; third, to require bureaucrats in back with moratoriums, fees, bureau- Tax Code—the billions and billions of Washington to get to work on the per- cratic roadblocks, and the ever-expand- dollars in needless expenditures mitting process to make a decision one ing reach of a President who seems to through our Tax Code—that continue way or the other. think business owners in this country It would have three corresponding ef- to subsidize some of the most wildly need to get his permission first if they fects. First, and most important, our profitable corporations in American want to create jobs. plan would help reduce the price of gas history is exactly that, picking win- Every single American is feeling the ners, and the losers are the American at the pump. By unlocking our own do- pain at the pump, Democrats and Re- mestic resources and speeding up the people. publicans alike. It is time for the two When I go home to my State—I permitting process, our plan would ac- parties to come together and get seri- tually do something to increase supply, know, Madam President, when you go ous about results. I urge all my col- putting downward pressure on price. As home to your State—I hear people day leagues to support the Offshore Produc- the Democratic Senator from Missouri in and day out say: Why can’t you do tion and Safety Act of 2011. more to help create decent jobs, to deal said yesterday: ‘‘The more supply, the I yield the floor. less the price.’’ with the deficit and, more than any- It would also help alleviate our de- f thing, to stop the oil companies, which pendence on foreign sources of oil, and RESERVATION OF LEADER TIME are despoiling our natural resources and picking our pockets at the pump. it would create thousands of energy The ACTING PRESIDENT pro tem- jobs right here in America instead of This is not picking on one particular pore. Under the previous order, the industry. This is rationally looking at sending them overseas, which is why leadership time is reserved. this bill has the support of both the our immense tax expenditures through National Association of Manufacturers f the code and saying: There is a time and the U.S. Chamber of Commerce. MORNING BUSINESS here for us to stop. We would save lit- I have indicated what our bill does in The ACTING PRESIDENT pro tem- erally $21 billion by fiscal year 2021; general. Here are the specifics. pore. Under the previous order, the that is, over the next decade, $21 bil- In order to restore American offshore Senate will be in a period of morning lion in deficit reduction. That does not production, our plan directs the Sec- business for debate only until 10:30 solve the problem we need to come to- retary of the Interior to conduct pre- a.m., with Senators permitted to speak gether and address as a body—both par- viously scheduled offshore lease sales therein for up to 10 minutes each, with ties, both Chambers of this great Con- in the western and central Gulf of Mex- the time equally divided and controlled gress—but it is a significant downpay- ico, Virginia, and Alaska. In addition, between the two leaders or their des- ment. I am from a State where we produce the plan will extend lease terms by 1 ignees. very little in the way of oil or coal or year for gulf leases which were sus- Mr. MCCONNELL. I suggest the ab- pended under the 2010 Obama morato- sence of a quorum. gas but where we consume a lot of en- rium. The ACTING PRESIDENT pro tem- ergy and where we have lots of oppor- After the devastating oilspill we had pore. The clerk will call the roll. tunities to invest in alternative en- last year in the gulf, improving safety The legislative clerk proceeded to ergy—investments that would create is one of our highest priorities. That is call the roll. new jobs, a competitive platform for why our bill amends the Outer Conti- Mr. COONS. Madam President, I ask the United States as we enter this new nental Shelf Lands Act to require all unanimous consent that the order for century and that could, frankly, help lessees to develop spill response and the quorum call be rescinded. sustain our economy going forward. containment plans, establishes a pub- The ACTING PRESIDENT pro tem- The votes cast yesterday to sustain lic-private task force on oilspill re- pore. Without objection, it is so or- these senseless tax breaks and credits, sponse and mitigation, and orders a dered. to help keep afloat the most profitable study on Federal response to oilspills f companies in American history, strike by the Comptroller General to examine me as doing exactly what we were just capabilities and legal authorities re- OIL SUBSIDIES urged not to do—picking winners, lated to spill prevention and response Mr. COONS. Madam President, I rise where the average American is, in fact, to clarify appropriate Federal roles. this morning to commemorate Na- the loser.

VerDate Mar 15 2010 23:29 May 18, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.001 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3065 It is my hope we will continue to ficer safety, and they kept us focused ing him to senseless violence like that look, with a sharp and clear eye, at the on providing for them the equipment had a devastating impact on the people billions of dollars, the more than $35 and the training and the support they of Georgetown and on our whole State. billion in first-quarter profits made by so richly deserve. Chad was the first Delaware police the five largest American oil firms. I I will tell you that each and every officer to die from wounds received in have nothing against corporations week that I would have a tough week, the line of duty since 1993. His loss is a making profits. In fact, that is what when we had difficult times dealing constant reminder that law enforce- helps propel our economy. As we try to with local budgets or coming to com- ment officers all over our country live recover from this terrible recession, promise and making reasonable with the daily reality that each time having a profitable private sector is progress in the county, if I ever for a they go out on patrol, every time they the best way forward to help create moment felt sorry for myself as I drove report for duty, their lives may be put jobs and to help grow our economy and home from the county government cen- on the line as they serve their commu- to help deal with Federal revenues. ter, all I needed to do was to turn on nities and our country. But the spending through our Tax my police radio in my county car and This is why I think it is so important Code—something that has accumulated listen to dispatch. There was always that the Federal Government continue on the underside of the American econ- something going on. As every patrol to strengthen local police department omy over the last decade—has to be car went out, as every squad responded capacities through things such as the stopped. We have to find ways to plug to crises, I was reminded day-in and Federal vest grant program that helps the holes through which billions in po- day-out of the incredible selfless serv- local law enforcement purchase bullet- tential Federal revenue are leaking. I ice of the men and women of local law proof vests and other critical police frankly think it is time for us to have enforcement all over this country, supplies. It is so important to me that a sensible national energy policy. And these dedicated men and women who when law enforcement—Federal, State, continuing to defend decades-old, need- sacrifice time away from their families and local—work together, we can suc- less tax breaks for major oil companies to put themselves daily in harm’s way. ceed in keeping Americans safe. There so that they can engage in manufac- And sadly, too often, it finds them. is always more we can do. This is why turing by extracting oil from the Since the beginning of 2009, 122 Amer- the Judiciary Committee will be hold- ground, for example—one of the five ican police officers have lost their lives ing a field hearing later next month in that would have been ended by this in service to their local community. Wilmington, DE, to explore ways we bill—is just senseless. Today, I wish to focus on one—Patrol- can better improve the collaboration So it is my hope that we will recon- man Chad Spicer of Georgetown, DE. A and cooperation between Federal and sider; that as we move forward and try Georgetown native, Chad attended the local law enforcement. to find a way together to create jobs, Sussex Central High School and grad- While we honor our men and women to reduce spending and deal with our uated from Del Tech in 1999. Following of law enforcement every day and deficits, we will look hard at some of 4 years with our State department of every year, during National Police these outdated tax breaks that make it corrections, he began service with the Week, we celebrate their service and possible for bloated oil companies to police department in Bridgeville, later sacrifice and thank them for being for- make billions of dollars of profit off in the town of Laurel. In 2008, Chad ever on watch. working Americans who pay too much joined the force in his hometown, ful- In memory of Patrolman Chad Spicer at the pump. filling his greatest childhood dream. and all of the other law enforcement f On September 1, 2009, Chad and his professionals who have made the ulti- partner, Corporal Shawn Brittingham, mate sacrifice, I today stand in mem- NATIONAL POLICE WEEK were in pursuit of a vehicle containing ory of their service. Mr. COONS. Mr. President, this week suspects in a robbery. The car abruptly I yield the floor and suggest the ab- we are honoring the service and sac- stopped. Before the two officers had a sence of a quorum. rifice of Americans who serve us as po- chance to get out, a suspect fired a sin- The ACTING PRESIDENT pro tem- lice. gle gunshot at close range, killing pore. The clerk will call the roll. May 15 to May 21 is National Police Chad and, in a ricochet, seriously The legislative clerk proceeded to Week, and Americans all across this wounded his partner. The suspects were call the roll. country will be recognizing those who eventually apprehended and have been Mr. THUNE. Madam President, I ask serve and have served in police depart- brought to trial. unanimous consent that the order for ments in communities from coast to Patrolman Chad Spicer was only 29 the quorum call be rescinded. coast. Law enforcement personnel and years old when he was murdered doing The ACTING PRESIDENT pro tem- their families will also be coming to- his job. He is survived by his fiancee, pore. Without objection, it is so or- gether to hold memorials for those who his beautiful young daughter Aubrey, dered. have made the ultimate sacrifice and his parents Ruth Ann and Norman, a Mr. THUNE. Madam President, I ask lost their lives in the line of duty. brother, two sisters, and a family of unanimous consent that speakers on National Police Week holds special fellow officers in Georgetown and the Republican side be allocated up to significance to me because for the 6 across our State of Delaware. 10 minutes each. years I served as county executive in His funeral service was one of the The ACTING PRESIDENT pro tem- New Castle County, DE, I was respon- most moving experiences I have had in pore. Without objection, it is so or- sible for a police force that worked my adult life. Thousands of law en- dered. hard day and night to keep our commu- forcement professionals, men and f nity safe. Every year in May, I would women, and family members from lit- gather with our law enforcement offi- erally all across our country gathered ENTITLEMENT REFORM cers, with the Fraternal Order of Po- to pay tribute to this brave, likeable, Mr. THUNE. Last Friday, the Social lice, which so ably represented them, dedicated young man who gave his life Security trustees’ report and the Medi- with the families of those who had in the protection of our community. care trustees’ report were both re- served, and with the families of the one Earlier this month, the people of leased. They showed that as large as member of our law enforcement com- Georgetown, DE, erected a memorial to our debt and deficits are now, without munity, the New Castle County Police, Chad and his courage and the sacrifice tackling these two entitlements, our who had been killed in the line of duty. he made for all of us. Georgetown Chief future debts and deficits will dwarf cur- I often had differences with the Fra- of Police Topping noted that: Everyone rent levels. In fact, this year alone, ternal Order of Police in my 6 years of in town knew and liked Chad, even Medicare is running a cashflow deficit leadership, but I will tell you, they those from the roughest part of town, of more than $32 billion. This is the were great and tireless partners in even those who were on the receiving largest deficit ever for this program. standing up for the working men and end of his service to our community. Likewise, Social Security will run a woman who kept us safe each and Chad died protecting the community cashflow deficit of $46 billion this year. every day. They kept us focused on of- where he was born and raised, and los- This requires the Treasury to finance

VerDate Mar 15 2010 23:29 May 18, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.002 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3066 CONGRESSIONAL RECORD — SENATE May 18, 2011 these programs through additional bor- retire soon. If we do not reform Social more than 25 percent above the histor- rowing, adding even more to our def- Security, these cuts of nearly 25 per- ical average. It would continue to icit. cent would be instant and automatic, grow, and in 2035 spending would com- In total, Social Security faces a $6.5 giving retirees no time to make other prise 35.2 percent of GDP or nearly 60 trillion unfunded liability. The reason arrangements. percent more than the historical aver- for this, according to the report, is the Working back from the 2036 date to age. aging of our society. As we live longer ensure that the program remains sol- In that same year, deficits would and as the size of families has de- vent and can pay out benefits to future comprise nearly 16 percent of the GDP creased, the number of workers financ- generations requires us to take action of our entire economy, and debt would ing benefits has steadily decreased. For today. We do not have the luxury of be 185 percent of GDP. example, in 1950 there were 161⁄2 work- time. We cannot afford to wait. The I want to illustrate that in the form ers for every Social Security recipient sooner we take action, the more time of a chart and show you what this and life expectancy was 69 years old. the current generation has to prepare would look like. The historical average By 1960, the number of workers sup- for a realistic level of benefits and not for deficits—3 percent, as I said. Look porting each recipient was just half of be blindsided when their benefits are at what we faced in the last 40 to 50 what it was 10 years before. Now there dramatically cut. Without reform, years, roughly, and where that is head- are fewer than three workers for each Americans aged 42 and younger will ed in these outyears. As you look at beneficiary. By 2040, it will be just over not see full Social Security benefits 2010, how this thing spiked up in the two. when they retire. last couple of years, we have added Around the same time, in 2036, Social In addition to the aging population, massively to the debt, the stimulus Security’s trust fund will run out of all the rapidly rising cost of health care is spending, the massive health care, the of the IOUs the government has issued placing enormous pressure on the entitlement programs, all of which will to it. After this point, Social Security Medicare system. Despite the recently make this worse. But we are on a trend will be able to pay just over 75 percent enacted health care reform legislation, to follow the trajectory where we will of the current benefits. That is an im- health care costs rose by over 7 percent get to where the deficit is literally portant point because some say Social in 2010 compared to about a 1-percent going to represent 61 percent of our en- Security does not need to be reformed increase in all other goods and services tire economy. because these benefits are still going to in the economy. The Medicare trustees That is a stunning path to be on— be able to be paid. I think we have to reported that the program has an un- why it cries out for us to take the nec- remind ourselves of how this will work. funded liability of nearly $36.8 trillion essary steps to get back on the right But you can see the demographic and that the Medicare hospital insur- fiscal track. Interest on the debt would trend here, what is happening. Going ance trust fund will be completely in- comprise nearly 9 percent of our econ- back to the 1950s when you had a life solvent by the year 2024. Medicare omy, half of which is paid to foreign expectancy that was shorter, you had spending is expected to rise from 3.6 debtors. We all talk about the impact more people paying in—16.5 for every 1 percent of our entire economy—of our of carrying this amount of debt. Today, who was drawing out. Now we are look- gross domestic product—in 2010, which we have so much debt that, in a few ing at three people paying in for every is where it is today, to 10.7 percent in years, the amount we pay for interest one drawing out. And, of course, the 2085. That means the amount of money will exceed the amount we spend on na- life expectancy now is up to about 78 the government spends on health care tional security. In other words, we will years average. In 2040, as I said earlier, is going to triple over the next 75 spend more financing our debt and sim- there will be two people paying in for years. ply making the interest payments than every one drawing out. So the crunch Now that, unbelievably, is the rosy we do defending the country. is coming. We all know that. We can picture of what will happen. Due to the Think about that. Think about where predict it. We see it coming. double counting that occurred in unre- we have gotten to. Think about the Of course, the expectation is that be- alistic savings and targets that were fact too that if we saw even a 1-percent cause the Social Security trust fund included in the health care reform bill increase in interest rates, if interest will be able to pay benefits until some- that was passed last year, these num- rates went up 1 percent and we had to time in the 2037 timeframe, everything bers are going to be invariably worse if pay more to borrow money from those is OK; we do not need to take steps to further action is not taken. creditors, some of which are foreign rectify this situation today. The prob- Finally, the Medicaid system also countries, it would increase the inter- lem with that is the so-called IOUs in faces nearly all the same increases in est we pay annually by $140 billion. the Social Security trust fund are just costs and funding challenges as the That is how sensitive we are to a slight more borrowing. When we get to that Medicare system, while also failing to increase in interest rates because of year, when we get to the 2036–2037 time- provide States with the flexibility they this massive debt. We passed, yester- frame, there will only be about 75 cents need to provide quality care for bene- day or the day before, the $14.3 trillion coming in for every dollar that will ficiaries. level, the debt limit. We are going to have to be paid out. So you will have Unfortunately, this administration have to raise the debt limit here. We people who literally will take a huge and the last Congress made these prob- don’t know exactly when—sometime in cut in benefits or we would have to un- lems even worse. Instead of reforming July or August. But that is coming. We dergo a massive payroll tax increase in these entitlement programs, they cre- have maxed out our credit card, our order to make that up or dramatically ated yet another new entitlement pro- borrowing authority, we have hit the increase the borrowing of the Federal gram called the CLASS Act, which limit, and in order to keep our econ- Government because, in fact, those even the Democratic chairman of the omy functioning we have to increase IOUs in the trust funds are not an eco- Senate Budget Committee has called a the amount our country borrows. nomic asset that can be used to pay a Ponzi scheme. If we follow the President’s budget, cash benefit. It is simply borrowing. Included in the same health care bill we would double that in the next dec- We all know that. And I think the im- passed last year was a massive expan- ade. We will go from $14.3 trillion to portant date—in my mind, at least—is sion of Medicaid and the creation of literally over $26 trillion in the next the date at which the amount we re- new credits for individuals to buy in- decade under the President’s budget. ceive coming in to the Social Security surance, all of which adds to the budg- Why? Because the President didn’t trust fund in the form of payroll taxes et burdens we are already experiencing. make any attempt in his budget to re- no longer exceeds the amount we are If these programs are not reformed, duce spending or reform entitlements— paying out in the form of benefits. we know what we will face. Under the Social Security, Medicare, and Med- That happened this year to the tune of Congressional Budget Office’s ‘‘alter- icaid—which are the big drivers of Fed- $45 billion. native fiscal scenario’’ which makes re- eral spending. If we don’t take steps to Many of us have committed to pre- alistic assumptions about the growth reform those entitlement programs, serving these programs for existing re- of these programs, spending in 2020 this picture gets worse and worse over tirees and for those who are about to would comprise 25.9 percent of GDP, time.

VerDate Mar 15 2010 23:29 May 18, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.003 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3067 I want to illustrate this with a chart. age of our entire economy—and today we owe them so much money. We need This is where we are today. This is debt that is 24 percent, and by 2020 we are to get spending under control and get as a share of the economy. As I said be- looking at over 25 percent—an increase the debt dealt with. That starts with fore, if you look at historical averages, of 25 percent in the amount we are entitlement reform. I hope the discus- what we have carried in the form of spending on the Federal Government as sions currently occurring between the debt, in World War II, obviously, there a percentage of our entire economy. White House and some of the leaders was a big ramp-up because we had to fi- That is a spending problem, not a rev- here in the Congress will come to a re- nance the war and coming out of the enue problem. sult where we can work together and war. As the economy started to expand We need to address this and recognize use this as an opportunity to, once and and we got spending under control, the it, and we need to understand that the for all, put this country back on a fis- debt, as a percentage of our economy, only way we can fix it is to deal with cal track that will ensure that future started to come down to historical what is driving that spending. It is So- generations are not burdened and sad- averages, which is where it stayed for cial Security, Medicare, and Medicaid. dled with an enormous amount of debt about 40 to 50 years. It started to spike Those programs comprise 55 to 60 per- and an economy that is saddled with in the last couple of years, as we have cent of all of government spending. Ab- that weight and not able to create the seen spending increases. The reason is sent reforms to those programs, this is jobs to get people back to work and to because the amount we spend as a per- what we will end up with; this is where grow and prosper and create a higher centage of our total economy has con- we will be as a nation. That is cer- quality of living and standard of living tinued to tick up. tainly someplace I don’t think most for the next generation. I mentioned earlier that we are look- Americans want to go. I ask unanimous consent that the ing at—what was the number—25.9 per- The other reason is critically impor- time of the quorum call be divided cent of GDP is what we will spend on tant. I have said this before, and I will equally on both sides, and I suggest the the Federal Government in 2020, ac- say it again. It has implications not absence of a quorum. cording to the CBO’s alternative fiscal only for future generations but in the The ACTING PRESIDENT pro tem- scenario. If you think about that, the here and now. One is that when you are pore. Without objection, it is so or- amount we have spent historically as a carrying this kind of debt to GDP, sus- dered. percent of our economy on the Federal taining this kind of debt level, it im- The clerk will call the roll. Government is 20.6 percent. That has pacts your economy’s ability to create The legislative clerk proceeded to been the 40-year average. We are going jobs, because you are crowding out pri- call the roll. from 20.6 spending as a percent of our vate investment that otherwise would Mr. DURBIN. Madam President, I ask economy—the amount the Federal be allocated to more productive uses, unanimous consent that the order for Government spends for our entire eco- and you are spending it on the govern- the quorum call be rescinded. nomic output—to 25.9 percent a decade ment. You are also impacting interest The ACTING PRESIDENT pro tem- from now. It continues to spike up. Be- rates and inflation in ways that could pore. Without objection, it is so or- cause we are having to finance so much be counter to the economic expansion, dered. spending with borrowing, the bor- growth, and job creation in this coun- Mr. DURBIN. Madam President, I ask rowing level will increase dramati- try. There has been a great amount of unanimous consent to speak as in cally, to the point where we are look- research and study that has gone into morning business. ing at debt to GDP—if we don’t take at what level does that start to take The ACTING PRESIDENT pro tem- steps to change, this is what we are away from economic growth, economic pore. Without objection, it is so or- looking at on this chart. It is a expansion, and job creation? dered. straight up spike in the amount of bor- Two people who have recently put f rowing to GDP. This is pointed out too out a book; Carmen Reinhart and Ken- OFFSHORE DRILLING by where we are currently; right now, neth Rogoff have suggested, from their we are running somewhere in the $1.4 study of developed countries over the Mr. DURBIN. Madam President, trillion to $1.6 trillion in annual defi- last half century, that when your debt today the Senate is going to consider a cits on $3.8 trillion in total spending, to GDP reaches 90 percent, it is costing bill to increase offshore drilling. This which means that out of every dollar you about 1 percentage point of eco- is the Republican response to the Na- the Federal Government is spending, nomic growth every year. In this coun- tion’s need for a national energy policy we are borrowing over 40 cents. try, losing 1 percentage point of eco- and to rising gasoline prices. I believe Can you imagine any family or busi- nomic growth costs us about a million the Republican approach to this will be ness in this country that could con- jobs. If we say we are serious about job unsuccessful. I believe it overlooks tinue to get by borrowing literally over creation, one of the problems we ought some very fundamental and basic facts, 40 cents out of every dollar they spend? to focus on is getting spending and and the facts are these: We cannot drill You cannot do it. That would be like debt under control. If we sustain and our way out of our problem. If we take the average family in this country hav- carry this kind of debt level for the a look at all the known oil reserves in ing an annual income of about $60,000 foreseeable future, we are going to cost the United States offshore and on- and spending $110,000. You cannot do the economy 1 percent of economic shore—all of them—they comprise 2 that. The Federal Government has growth and, therefore, a significant percent of the known oil reserves in been doing that for way too long. That amount of jobs that might have been the world—2 percent. Now take a look is why we have to take on this issue of created by that economy. That is one at how much oil the United States con- spending and debt. reason we need to rein it in. sumes each year: 25 percent of the Some people argue that we don’t The statement has been made repeat- world oil production. have enough revenue, we need to raise edly by ADM Mike Mullen that the The Republican answer is drill, baby, taxes, and that is the way to deal with greatest threat to our national secu- drill. Honestly, that is not going to this fiscal crisis to get more revenue rity is our national debt. I would say solve the problem, and it is going to in- coming into the Federal Government. I that the national security implications vite some dangerous activities that we argue that, based upon these facts, this are very real as well. When you have should know better than to engage in. is not a revenue problem, this is a the highest ranking military official It has not been that long ago that 170 spending problem. The reason we are saying the greatest threat to America’s million gallons of oil poured out of a where we are is not because we don’t national security is our national debt, well that was improperly drilled by BP have enough revenue, it is because we that is a stunning statement. I think it in the Gulf of Mexico. The devastation are spending dramatically more as a speaks volumes about why it is impor- that followed to the local economy and percentage of our economy than we tant to get this issue under control. to the environment is virtually incal- have in the last 40 to 50 years. The his- One of the reasons he says that, obvi- culable. Have we learned a lesson—a torical average is 20.6 percent over the ously, is that so much of the debt is lesson that safety should be the hall- last 40 years—what we have spent on held by foreign countries, all of which mark when it comes to drilling; that the Federal Government as a percent- have additional leverage on us because we ought to make certain that before

VerDate Mar 15 2010 23:29 May 18, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.005 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3068 CONGRESSIONAL RECORD — SENATE May 18, 2011 we go into an environment which is will be held in Alaska’s National Petro- BELARUS precious, where an accident could cre- leum Reserve. And the mid-Atlantic Mr. DURBIN. Madam President, it ate some unknown hazard or danger, and South Atlantic coast will undergo was last February that I went to that we thoroughly investigate that in an expedited review for fuel resources. Belarus. I had been invited to go to advance. That is not too much to ask. The President’s actions show we are Lithuania to speak to the Parliament We know what is going on in the Gulf continuing to expand our domestic re- on the 20th anniversary of their inde- of Mexico today as the economy is still sources responsibly. pendence from the Soviet Union, and I trying to recover. This careless Republican bill is un- took a second trip into Minsk, Belarus, My colleagues on the other side of necessary. It is bad policy. The bill pro- a neighbor nation, because there was a the aisle who produced the McConnell posed by Senator MCCONNELL would political crisis. It was February, and approach—the drill, baby, drill ap- force us to disregard all the lessons we since the Presidential election in the proach—want to just forget the spill. learned from the tragic oilspill in the December before, there had been a They want us to rush into drilling with Gulf of Mexico a year ago. wholesale effort by Lukashenko, the the same reckless practices that led to leader of Belarus, to imprison his polit- It has been many years back when I the spill in the first place. This is not ical opponents. was up in Alaska when the Exxon going to solve the problem. In fact, it With so many significant events Valdez ran aground in the Prince Wil- may create more problems. going on in the Middle East, there is an If passed, the Republican bill would liam Sound and dumped tens of thou- understandable risk that we lose sight require the Secretary of the Interior to sands of barrels of crude oil into this of events happening in countries such evaluate a permit application in 60 beautiful place in our world. I was up as Belarus. In Belarus, under Alek- days regardless of its complexity—60 there, and we had workers out. They sandr Lukashenko, if you have the te- days. If the Secretary cannot make a were literally swabbing up the oil off merity to run for President or protest decision within 60 days, the permit is the rocks as it washed up on the shore. a fraudulent election, you will find automatically approved even if it con- They wore these yellow slickers, which yourself thrown in a KGB jail where tains potential environmental and safe- in no time at all were covered with this you are likely to face torture and ty risks. This arbitrary deadline makes black crude oil. People with cameras harsh prison sentences. If this sounds it impossible for regulators to do the were running around taking photos of like a throwback to the Cold War in in-depth scientific analysis needed to the workers. the Soviet Union, that is exactly what accurately evaluate the risks and safe- I went over to an old fellow in one of it is. Not only is Belarus a throwback ty requirements for every application. those yellow slickers who had these big to the worst political abuses of the old The bill also mandates the sale of off- swaddling cloths, mopping up the crude Soviet era, but the government’s en- shore oil and gas leases in the Gulf of oil that had been dumped into this forcers of this bankrupt system still Mexico, off the coast of Virginia, and beautiful place of Prince William call their police the KGB. the Arctic Ocean—sales that were post- Sound. I said to him after the cameras On Saturday, the Lukashenko regime poned in order to investigate the po- left: Do you think this is helping? He continued its nightmare of totalitarian tential environmental impact. said: Well, I think if we didn’t do any- rule when it convicted one of the coun- Not only does the Republican bill not thing, God would take care of this in try’s opposition Presidential can- add any new protocols to ensure that about 10 years. By taking extra effort, didates and former Foreign Minister increased drilling will be safe, it re- maybe it will be 9 years and 6 months. Andrei Sannikov to 5 years in prison. You see, Mr. Sannikov had the temer- vokes some of the additional require- The point I am making is this: Once ments that were instituted following ity to run against the dictator of Eu- the spill has taken place, it takes time rope, Lukashenko. Because of that, the BP spill. They have not learned for nature to restore itself, if it can. In even having lost the election, he is any lesson from what happened in the Prince William Sound, some species of going to pay for it by spending 5 years Gulf of Mexico. Essentially, this bill fish never returned. I do not know what in prison. would lead to more offshore drilling, will happen in the Gulf of Mexico. Per- This photograph shows Mr. Sannikov with less safety and regulation of the haps over time nature will heal this in the defendant’s cage during his trial industry. One would think that the BP wound. I hope it does. in the Belarusian capital of Minsk. oilspill never happened, if we consider Do we not have a special responsi- They put him in a cage. Can anyone this bill, which will be on the floor bility as stewards of this planet Earth think of a more telling symbol of later today. and of this Nation to be careful? Is it Lukashenko’s tyranny than a sham There is really no reason to rush to too much to ask that we engage in fuel court proceeding with a KGB cage? His begin new drilling projects in such an efficiency and thoughtful energy policy crime? This man ran for President of irresponsible manner because under rather than recklessly drill in every di- his country. President Obama, domestic oil produc- rection without asking the hard ques- In December last year, after nearly tion has grown to its highest level in tions, without taking the time for an two decades of unchecked power, the last 7 years. That is right, it has honest analysis? Not only did the BP Lukashenko decided he would have an grown to its highest level in the last 7 oilspill despoil that area, it claimed open election—in his words, an open years. If one listened to the other side, human lives. When it comes to safety election. Many took him at his word one would think the opposite was and environmental responsibility, we and decided they would run for Presi- true—that we cut back or stopped drill- should not be cutting corners such as dent. Apparently, Lukashenko did not ing. Since February, 34 permits for 14 the Republican bill would do. care for that idea. His idea of an elec- unique deepwater wells have been tion is that no one runs against you. So At the end of the day, even if they issued under the new safety require- he staged a sham election and then ar- could drill every place they wanted to ments since the BP spill. Oil produc- rested 5 of the 6 Presidential can- tion in Federal waters has increased in drill with no questions asked, it would didates and more than 600 peaceful both of the last 2 years. have virtually no impact on gasoline demonstrators after the election. Last weekend, the President an- prices. Oil prices are set in the global I visited Belarus some weeks after- nounced several steps the administra- market, and we cannot change them ward. I met with the family members tion would take to expand further re- simply by attempting to increase oil of these brave candidates and activists. sponsible development of domestic en- production when it comes to only 2 per- I have to tell you, it was a moving ex- ergy resources. The Department of the cent of the known oil reserves. perience. The meeting included mem- Interior will hold lease sales in the Given the President’s recent action bers of Mr. Sannikov’s family. This is a Gulf of Mexico and Alaska by mid-2012, and steady increase of production, this photo we took in the office of the U.S. once additional analyses have been bill is pointless and dangerous. For this consulate in Minsk, in Belarus. It completed. Extensions will be granted reason, I urge my colleagues not to shows Kanstantsin Sannikov, Ala to all leases offered by the deepwater support it and to vote against this Sannikava, and Lyutsina Khalip. suspension, as well as delayed leases in measure that will be offered later Kanstantsin and Ala are Mr. Alaska. Annual oil and gas lease sales today. Sannikov’s son and mother.

VerDate Mar 15 2010 01:59 May 19, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.006 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3069 Ala told me in tears that her son’s OFFSHORE PRODUCTION AND So at least 50 times as great per unit arrest led to no contact between him SAFETY ACT OF 2011—MOTION TO of energy is the Federal taxpayer sup- and his family for weeks, and they de- PROCEED port for renewable energy compared nied him a lawyer. After he was sen- The ACTING PRESIDENT pro tem- with fossil fuel energy. So why aren’t tenced to 5 years in prison, she told pore. Under the previous order, the we including in our debate subsidies for Radio Liberty that she was proud of Senate will resume consideration of all renewables? Specifically, if we are her son and that ‘‘he suffered so much the motion to proceed to S. 953, which talking about Big Oil, why don’t we for the sake of Belarus . . . The judi- the clerk will report. talk about Big Wind? The Senate seems cial system has steamrolled our fam- The legislative clerk read as follows: an appropriate place to talk about Big Wind. ily.’’ Motion to proceed to the bill (S. 953) to au- Lyutsina is the grandmother of the thorize the conduct of certain lease sales in The Energy Policy Act of 1992 cre- candidate’s 3-year-old son Danil. I the Outer Continental Shelf, to amend the ated what is called the production tax wanted to put this photo up because Outer Continental Shelf Lands Act to modify credit for energy produced using renew- Lukashenko decided it was not enough the requirements for exploration, and for able resources. Most of this money has to throw this boy’s father into prison; other purposes. gone to subsidize Big Wind. It is a pol- he basically said he was going to re- The ACTING PRESIDENT pro tem- icy that was supposed to last a few move this boy from the family as part pore. Under the previous order, there years. It has lasted two decades. Today, the production tax credit for of the punishment they were going to will be 4 hours of debate equally di- wind gives 2.1 cents for every kilowatt impose on him for running for Presi- vided and controlled between the two leaders or their designees. hour of wind electricity produced by a dent in that country. You see, not only wind turbine during the first 10 years did they arrest Sannikov, but they ar- The Senator from Tennessee. Mr. ALEXANDER. Madam President, of operation. Let’s put this into a con- rested his wife too. She was a jour- text that is current. The new Shep- nalist—automatically suspect in we have been debating tax subsidies to the big oil companies. The bill pro- herd’s Flat Wind Farm in Oregon will Belarus. Even more despicable, they have 338 of these huge wind turbines, tried to take custody of this little boy, posed by the Senator from New Jersey would have limited it to just the big producing enough power to run ap- who was staying with his grandmother. proximately 250,000 homes and will cost What kind of cruel mind is so afraid of five oil companies even though many of the tax breaks or tax credits or de- the American taxpayer about $57 mil- the free expression of ideas that they lion a year in subsidies for that elec- would go after this little boy to further ductions they receive are the same tax credits that every other company may tricity produced. If we allocated the punish the parents—the father who had tax credit per home, taxpayers will be the nerve to run for President and the take—Starbucks, Microsoft, Cater- pillar, Google, and Hollywood film pro- paying $2,300 over the next 10 years for mother who had the nerve to publish in each of the homes served by the Shep- some underground publication an arti- ducers for example. Many of the other credits look a lot like the R&D tax herd’s Flat Wind Farm in Oregon. cle critical of Lukashenko. This doesn’t even take into account credit or other tax credits all American President Lukashenko’s repression the fact that $1.3 billion in Federal businesses may receive. Well, I am one and totalitarian regime have been con- loan guarantees to this project means Senator who is very intrigued with the demned around the world. Asset freezes Big Wind will have its risk of default idea of looking at all of the tax breaks and travel bans have been placed on his also financed by the taxpayer. Fossil in the Tax Code. There are currently enablers and police state enforcers. fuel companies don’t have that advan- This Senate and the European Par- about $1.2 trillion a year in what we tage. Nuclear power companies don’t liament both have passed sweeping res- call tax expenditures, and those are in- have that advantage, even though their olutions condemning the regime and tended to be for tax breaks we think electricity is completely clean—no sul- calling for new legitimate elections are desirable. I am ready to look at all fur, no nitrogen, no mercury, no car- and the release of all political pris- of them and use the money to reduce bon. If, like nuclear or fossil loan guar- oners. The families of the detained, the the tax rate and/or reduce the Federal antees do, the wind farm in Oregon had Senate, the European Parliament, and debt. But if we are going to talk about to pay the risk of default up front as a National Hockey League Hall of Famer energy subsidies—tax subsidies—we fee, it would cost another $130 million. Peter Stastny have called on the Inter- ought to talk about all energy sub- That is money out of the pockets of national Ice Hockey Federation to sus- sidies. Senator JOHN CORNYN of Texas taxpayers. pend its Belarus-hosted 2014 Ice Hockey has asked the Congressional Research The total cost of the wind production Championship until all political pris- Service to do just this. It is an excel- tax credit over the next 10 years will oners are unconditionally released. A lent study, and I commend Senator cost the American taxpayers more dictator such as Lukashenko should CORNYN for asking for it. This is some than $26 billion. Let me say that again. not be awarded the international pres- of what it finds. American taxpayers are subsidizing big tige of an event while prisoners lan- According to the report, fossil fuels wind over the next 10 years by more guish in prison for simply exercising contributed about 78 percent of our en- than $26 billion with one tax credit. In their human rights. I think it is time ergy production in 2009 and received fact, the tax breaks for the five big oil for the International Criminal Court about 13 percent of the Federal tax sup- companies we have been debating on prosecutor to look into Lukashenko’s port for energy. However, during that the Senate floor this week actually regime, most notably for the allega- same time 10.6 percent of our energy cost less than all of the money we give tions of torture. production was from renewables and to big wind. The tax breaks for the five I conclude by simply saying that I 77.4 percent of our energy tax subsidies big oil companies amount to about $21 want Mr. Sannikov and his many brave went to renewables. So if we are to billion over 10 years. colleagues in Belarus and their fami- compare the subsidy per unit of energy, According to the Energy Information lies to know that the United States the estimated Federal support per mil- Administration in 2007, big wind re- will stand by them in their effort to lion Btu’s of fossil fuels was 4 cents, ceived an $18.82 subsidy per megawatt bring a peaceful democracy to this while support for renewables was $1.97 hour—25 times as much per megawatt great nation of Belarus. We commend per million Btu’s. hour as subsidies for all other forms of So Federal subsidies for renewables their bravery and let them know they electricity combined. But wind is about are almost 50 times as great per unit of are not forgotten. the least efficient means of energy pro- energy as Federal subsidies for fossil Madam President, I yield the floor. duction we have. It accounts for just fuels. This would be distorted because about 2 percent of our electricity. It is f included within renewables is hydro- available only when the wind blows, electric power. Most people think of re- which is about one-third of the time. CONCLUSION OF MORNING newables as ethanol, solar, or wind and The Tennessee Valley Authority says BUSINESS those are the renewables that actually it is reliable even less than that, mean- The ACTING PRESIDENT pro tem- get the subsidies while hydroelectric ing we can have it when we need it pore. Morning business is closed. does not. only about 12–15 percent of the time.

VerDate Mar 15 2010 23:29 May 18, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.007 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3070 CONGRESSIONAL RECORD — SENATE May 18, 2011 Wind farms take up a huge amount of ator BAUCUS agreed, Senator LANDRIEU Senator MCCONNELL, that would take space. Turbines are 50 stories high. agreed, and Senator BEGICH agreed, but our country in the direction of greater Their flashing lights can be seen for 20 why aren’t we talking about trying to domestic energy production, and cer- miles. An unbroken line of turbines find a way to lower gasoline prices tainly robust job creation, as opposed along the 2,178-mile Appalachian Trail when it is $4 a gallon and going up? to taxing—or trying to—the very peo- would produce no more electricity than The Republican plan is very specific: ple who provide our energy. four nuclear reactors on 4 square miles Find more American oil and more Madam President, as every American of land. American natural gas. We can find that knows, few issues today are more crit- Wind is generally the strongest and offshore where 30 percent of our domes- ical to the American taxpayer than the land is available where the electricity tic oil and 25 percent of our natural gas price of energy. Whether it is powering isn’t actually needed. So we have thou- is produced. We can find it on Federal our homes or fueling farm equipment sands of miles of new transmission lands, and we can find it in Alaska. or filling up our cars at the pump, the lines proposed to get the energy from The other part of our equation is to price of energy directly impacts the where it is produced to where it needs use less. We have some agreement with cost of goods and operating expenses to go. Those often go through con- the Obama administration on some of for our American producers. servation areas, and according to the these ideas. There are a number of Now, while there is a multitude of National Academy of Sciences wind them: jump-start electric cars. Senator variables that impact the cost of gaso- power is more expensive than other MERKLEY and I have a bill that is be- line, it is important we don’t overlook forms of electricity, such as coal, nu- fore the Energy Committee tomorrow the main factor in impacting prices at clear, biomass, geothermal, and nat- to do just that. I believe electrifying the pump—and one more time, for my ural gas. our cars and trucks is the single best colleagues across the aisle, that is the We haven’t even talked about the way to reduce our dependence on for- global supply and demand of crude. fact these wind turbines only last eign oil. There is legislation to jump- With roughly 70 percent of the price about 25 years. The question is, Who is start natural gas for trucks, biofuels of gasoline and diesel contingent on going to take them down? Wind farms from crops we don’t eat, and fuel effi- the price of crude, it should be easy to also kill as many as 275,000 birds each ciency. All these are various ways to understand that any fluctuations in year, according to the American Bird use less. global supply and demand is the most Conservancy. They can interfere with Senators THUNE and BARRASSO have important factor determining what radar systems, and many who live near performed a service by setting the consumers pay at the pump. Consid- them say they are very noisy. record straight to show that the United ering in my State alone the oil and gas So I ask the question: If wind has all States produces a lot of oil. We are ac- industry supports over 119,000 jobs and these drawbacks, is a mature tech- tually the third largest oil producer in annually contributes $14 billion to the nology, and receives subsidies greater the world. So I ask this question: If Kansas economy, it is not hard to un- than any other form of energy per unit less Libyan oil can raise gasoline derstand that much of our concerns re- of actual energy produced, why are we prices—which it did—then more Amer- garding the U.S. economy and rising subsidizing it with billions of dollars ican oil should help lower gasoline unemployment could be addressed— and not including it in this debate? prices. At least for every dollar of could be addressed—if we stopped hin- Why are we talking about Big Oil and American oil we produce, it is one less dering the ability of American energy not talking about Big Wind? dollar we have to send overseas for for- businesses to grow and to produce. I believe there are appropriate uses of eign oil. I am sure most Americans wonder temporary incentives and subsidies to So, Madam President, the Republican why Washington is even considering a help jump-start innovation and the de- plan is to find more American oil and policy that is counter to an industry velopment of new technology—such as natural gas and to use less. My sugges- solely capable—solely capable—and re- jump-starting electric cars or natural tion is, if we are going to be talking sponsible for this type of job creation. gas fleets of trucks or loan guarantees about tax subsidies for Big Oil, let’s Sadly, this is exactly the proposal for nuclear powerplants and other talk about tax subsidies for all energy. floated by some of my colleagues and forms of clean energy—as long as these The Senate floor seems an especially friends in Congress and by the Presi- are short term. I believe research and appropriate place, if we are going to dent. development is an appropriate role for talk about Big Oil, to also talk about In the President’s 2012 budget pro- the Federal Government whether it is tax subsidies for Big Wind. posal, he proposed almost $90 billion in recycling used nuclear fuel or find- Madam President, I commend to my worth of tax increases on the oil and ing alternative biofuels made from colleagues a report of the Congres- gas industry—taxes the nonpartisan crops we don’t eat. I believe it is en- sional Research Service sent to Sen- Congressional Research Service has tirely appropriate for there to be re- ator JOHN CORNYN of Texas dated May stated could make oil and natural gas search for offshore wind farms, which 16 entitled ‘‘Energy Production by more expensive for U.S. consumers and we don’t know as much about and Source and Energy Tax Incentives’’ likely increase foreign dependence. which might actually prove to be a use- from Molly Sherlock. Well, that didn’t work in regards to the ful supplement in the Northeast. But Mr. President, I yield the floor, and I budget, so they are back. Comple- my point is, if we are going to debate suggest the absence of a quorum. menting the President’s troublesome subsidies to Big Oil, we ought to be de- The ACTING PRESIDENT pro tem- budget proposal last week, a number of bating all the energy subsidies includ- pore. The clerk will call the roll. my colleagues introduced legislation ing those to Big Wind. The assistant legislative clerk pro- singling out U.S.-owned integrated oil There is a difference between the Re- ceeded to call the roll. and gas companies by removing tax ex- publican plan and the Democratic plan Mr. ALEXANDER. Madam President, penditures these companies rely on to for $4 gasoline and high energy prices. I ask unanimous consent that the order hire more American workers, devel- The Democratic cure for high prices is for the quorum call be rescinded. oping greater amounts of needed en- basically to raise the price. They want The ACTING PRESIDENT pro tem- ergy, and—hello—to support the mil- to tax energy more, but that makes en- pore. Without objection, it is so or- lions of American investors whose ergy cost more. Republicans want to dered. IRAs and pension funds invest signifi- find more American energy and use Mr. ALEXANDER. Madam President, cantly in energy stocks. less energy. We might sum it up this I see the Senator from Kansas is here, What is even worse, at least six of my way: Republicans want to find more and I yield the floor. colleagues across the aisle are on and use less; Democrats want to find The ACTING PRESIDENT pro tem- record admitting this legislation will less and tax more. pore. The Senator from Kansas. do nothing to reduce prices at the The Democratic plan, according to Mr. ROBERTS. Madam President, I pump. It is sort of a ‘‘gotcha’’ piece of Senator SCHUMER of New York, was rise today to speak in favor of the leg- legislation. So to address American never intended to talk about lowering islation that has been introduced by concerns about rising gas prices, my gas prices. Senator REID agreed, Sen- my friend and our Republican leader, friends across the aisle have introduced

VerDate Mar 15 2010 23:29 May 18, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.008 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3071 legislation they readily know will not mer which has had a lasting negative produce it here in America. In fact, he ease the price at the pump. This effect on gulf coast economies. I know not only wants to buy foreign oil, he is doesn’t make any sense. In addition to the President said we are going to per- willing to subsidize it. These are Bra- the fact the Democratic energy bill mit these and they can drill, but some- zilian workers, Brazilian oil workers. I will not help reduce gas prices, I want how or other you never get the permit hope Americans were watching the to further highlight the negative im- finalized. news as President Obama handed over pacts it would have on American inves- In closing, I want to reiterate my more than $2 billion to Brazil’s govern- tors. This is important. point about the underlying economic ment-owned oil company to produce Probably the biggest distortion re- factors which, like it or not, despite Brazilian oil. It was a nice gesture, I peated in the media and by some of my the politics, are not the driving forces am sure. But why aren’t we spending it friends here on Capitol Hill is the no- behind the price of gas at the pump. As here at home? And why aren’t we able tion that a few select corporate execu- global demand rises, prices will also to drill here at home? Why aren’t we, tives are the sole benefactors of record rise. As global demand is potentially the third largest oil producer in the high profits enjoyed by these energy disrupted, as we see in the Middle East world, able to go after our own oil to companies. It makes good politics today, then market instability follows. bring these prices down. today to beat up on these people and If we can allow greater access to our Liberals spent this last week calling that is what happened in regard to the own domestic resources and provide in- basic tax deductions for American Finance Committee—a lot of press dustry the necessary tools to expand— companies ‘‘subsidies.’’ Funny thing, there—when in reality it is the mil- which is exactly what Leader MCCON- because those same liberals appear to lions of middle-class American inves- NELL’s energy bill would do—then we have no problem with this gigantic tors whose retirement plans benefit will be able to put more Americans handout of taxpayer dollars to a for- greatly from healthy profits. Because back to work and add to the global sup- eign competitor. these companies are publicly traded, ply of crude which, over time, undoubt- I like Brazil, and I am happy they are they are owned largely by individuals edly will help stabilize prices. doing as well as they are, so this is not and institutional investors responsible I yield the floor and I suggest the ab- a knock at Brazil. It is basically a crit- for managing the mutual funds and sence of a quorum. icism of our President for giving $2 bil- IRA and pension plans for millions of The ACTING PRESIDENT pro tem- lion to help them with their oil explo- Americans whose future economic se- pore. The clerk will call the roll. ration when they seem to be doing just curity depends on the success of these The assistant legislative clerk pro- fine by themselves. At least I am as- companies. ceeded to call the roll. suming the liberals have no problem For example, in Kansas alone there Mr. HATCH. Madam President, I ask with it because they have been deathly are over 18,000 shareholders of unanimous consent that the order for silent on this subject during this entire ExxonMobil—that is 18,000 of my con- the quorum call be rescinded. debate. stituents—who will be hurt, angry, The ACTING PRESIDENT pro tem- I hope Americans were watching be- frustrated when they find out that leg- pore. Without objection, it is so or- cause that was their money our Presi- islation that targets citizens, investors dered. dent was sending out of our country, who actually own these companies, Mr. HATCH. Madam President, I rise out of our economy, and out of the could be passed. today as a cosponsor of the Republican reach of tens of thousands of unem- Beyond individual shareholders, leader’s Offshore Production and Safe- ployed American energy workers whom many teachers, State government em- ty Act, S. 953. I have to say it is a this administration has helped to put ployees, rely on strong returns on their breath of fresh air to be discussing a out of work. investments in these companies. One substantive energy policy proposal. Let me put up another chart. These example is the New Jersey Public Em- Last week in the Senate Finance are our workers. These guys are out of ployee Pension Fund. Its holdings of Committee and yesterday on the Sen- work. These men and women who can U.S.-based integrated oil and gas com- ate floor, we witnessed a cynical cha- develop our own oil are out of work be- panies make over 4 percent of its total rade as some of my colleagues at- cause of this administration. portfolio. tempted to exploit high gas prices as We all know about the President’s ar- Realizing the likelihood of a strong an excuse to, once again, raise taxes. It tificially broad moratorium on drilling return on their investment, it is no is no secret the liberals in Congress in the gulf and how it has devastated wonder why so many public employee have an answer to every problem but that already crippled region. But the pension funds throughout the country unfortunately it has been the same an- President’s anti-Midas touch has invest heavily in energy companies. swer for every problem. Whether the reached out to kill oil production in The good news is that the energy tax problem is health care costs, out-of- other regions of the country as well. increase proposal was defeated last control spending, unemployment, or Since taking office, President Obama night, as its passage would have done high gas prices, their answer in every has cut Federal energy lease offerings absolutely nothing toward reducing en- case is to raise taxes. The American by 67 percent in the Rockies alone and ergy prices or helping the economic se- people have caught on to the a whopping 87 percent in my home curity of millions of middle-class uninspired monotony of that particular State of Utah. Is it any wonder we are American investors. Unfortunately, the message. becoming more dependent on foreign problems facing true economic growth In the last election they sent us their oil? Is it any wonder our jobless rate and energy security do not end with own message: enough with the spend- remains at historic levels? Is it any misguided tax policy. In addition to ing and enough with the taxing. Appar- wonder government revenues are down? making it more costly to produce do- ently, though, that message was not Let’s not forget that this is the same mestic energy, the administration is loud enough or clear enough because President using our tax dollars to sub- working to close off some of our Na- the worn-out big government approach sidize Brazilian oil production to the tion’s most abundant sources. remains the only option being offered tune of $2 billion. For example, under the current ad- by my friends on the other side. Ameri- After taking office, one of President ministration, the Department of the cans are fed up with lame excuses to Obama’s earliest actions was to with- Interior canceled seven oil develop- expand the size of government. What draw 77 energy leases in Utah. These ment leases in Utah that were located Americans want, need, and deserve is leases had been through almost a dec- within the larger formation covering real solutions to real problems. Those ade of environmental studies. They had three States that the Bureau of Land problems are real. High gas prices are jumped through every environmental Management has estimated contains an indicator of a much deeper problem hoop there was and had already been around 800 billion barrels of oil—more facing our Nation’s energy security. It auctioned off and paid for by good- than three times the proven reserves in is a problem that runs deep but it is standing energy companies. We know Saudi Arabia. This of course is in addi- not too difficult to understand. we are dealing with a very aggressive tion to the Gulf of Mexico deep water Our problem is a President who anti-energy agenda when we see leases drilling moratorium imposed last sum- would rather buy foreign oil than pulled back that have already been

VerDate Mar 15 2010 23:29 May 18, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.010 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3072 CONGRESSIONAL RECORD — SENATE May 18, 2011 paid for. The energy companies are not work or is it just that their supporters Today, we are talking about a real blind; they see it too. are demanding—the Democratic sup- solid energy proposal. It is a proposal A recent survey of the energy indus- porters are demanding—this type of that will create American jobs in the try in the Rockies tells us the tragic harm to our country and to our people? gulf and throughout America’s energy and unnecessary story. Due to the hos- Well, I said it twice, and it makes industry. The Offshore Production and tile atmosphere created by the Obama less sense the more I think about it. He Safety Act is a proposal that will administration, $1.1 billion of capital may as well tax American energy pro- strengthen our Nation, not weaken it. investment was shifted from the Rock- duction for good measure. It will get us producing American oil ies to other areas, including overseas. The whole farce would be comical if again in the gulf, and that is a criti- If it were not for the anti-energy ef- it weren’t so incredibly harmful to our cally important goal. forts of this administration, the com- Nation, our economy, and to our Amer- If I had my choice, we would be dis- panies surveyed stated they would in- ican families who have dedicated their cussing a more comprehensive energy vest an additional $2.8 billion in the re- lives to providing the United States bill that would also be reopening oil gion in the future. Eighty-nine of the with the domestic oil and gas we so production on onshore and offshore energy companies surveyed said they desperately need. leases. I am an original cosponsor of a would continue to divert investment I wish to read an excerpt from a let- bill with my colleague, Senator DAVID from the Rockies until the current ter I received from Cindy and Bruce of VITTER, called the 3–D Bill. The Ds policies become less hostile, and 71 per- Uintah County, UT, an oil-rich county, stand for domestic jobs, domestic en- cent of the industry respondents stated if we were allowed to get the permit ergy, and deficit reduction. This bill that dissatisfaction with the Federal and go out and find it. deserves full consideration. It is a bill permitting process is the general vari- The ACTING PRESIDENT pro tem- that would increase jobs, reduce energy able driving investment right out of pore. The Senator’s time has expired. costs, and generate significant revenue our Nation. Mr. HATCH. I ask unanimous consent to State and Federal Governments. In When are we going to wake up? When to be permitted to continue my state- short, the bill would reverse the Obama is this administration going to wake ment. administration’s onerous new con- up? The ACTING PRESIDENT pro tem- straints on domestic oil and gas pro- Some of my friends on the other side pore. Without objection, it is so or- duction. The 3–D bill would reverse have an extremely difficult time under- dered. bans of some offshore Federal leases in standing this, but when we deter en- Mr. HATCH. Cindy and Bruce write: each Outer Continental Shelf planning ergy companies, we kill real jobs and Our family returned to the Vernal, Utah, area, it would open ANWR to oil pro- we kill domestic energy production, area . . . after being absent for 10 years. We duction, directing some of the result- and we make America weaker. These realized we loved the area and wanted to be ing revenues toward renewable energy aren’t just jobs, these are highly paid back with our families. . . . At that point we production, and it would reverse Presi- jobs. Yet we are willing to subsidize decided we wanted to do more than just get dent Obama’s recent moves against the Brazilian oil workers. I like those by in life working for someone else. . . . Since things looked very promising for the commercial oil shale production. workers. I think they are finding oil oilfield industry, we started a small oilfield Unfortunately, we are not discussing for their country. I think their country trucking company. We struggled to make all that bill today and here is why. Repub- is energy efficient because of their this work and to establish a reputable and licans have had to force the Democrats’ work offshore. Some of those rigs used trusted company with a good customer base. hand to allow a debate on even a lim- to be in the gulf but no longer can be In February of 2009, as the new presidential ited proposal such as the one intro- there because of the stupid anti-energy administration and new head of the Depart- duced by our Republican leader—and policies of this administration. ment of the Interior took over, the oil and well done. But this issue is not going gas production companies slowed their drill- Here we have American companies away, and I will continue to push the willing to spend more than $2 billion of ing and production programs drastically. The RAPID economic change was shocking. issue of onshore and offshore Federal their own money to create American Overnight, we went from being a prospering leases and advocate for the 3–D bill. jobs and American oil, but President business to a business that is just hoping we The bill we voted on yesterday had Obama says no—or at least the people can pay our bills. . . . Our story is not nothing to do with gas prices or energy around him who advise him tell him to unique. It is the same story for many of our policy or getting more energy. As we say no. Yet our President does not friends, neighbors and family members. Our heard from Member after Member on hesitate to give more than $2 billion in lives and the economy here are in shambles. the other side, that bill was about rais- taxpayer funds to Brazil to create for- It is not because we did not work hard, spend ing taxes for more government spend- eign jobs. Just wait, because this story wisely, follow all the government rules, or that we made irresponsible decisions. It is ing. The bill we are voting on today is actually gets worse. The President because of sudden changes in our govern- a serious energy proposal. It is a smart then hopes taxpayers will send even ment. proposal that, if passed, would create more money overseas as we buy Bra- This was no naturally occurring eco- real jobs, produce real domestic oil and zil’s oil—oil we already have subsidized nomic downturn that killed Bruce and gas, and leave the deficit-busting reve- in the first place. Cindy’s business. It was hostile govern- nues for the government. As such, I But the President saved the best for ment policies intent on slowing domes- strongly support it. I urge my col- last. He now proposes raising taxes on tic energy production on Federal lands. leagues to do the same. American energy production. This point is made again and again to I hope our friends on the other side This deserves repeating. The Presi- me in letters from Utahans from this will see this. It is time we stand and dent says no to American energy com- region. One letter states: start changing this, regardless of what panies wanting to use their own profits this administration is doing to Amer- to make more American jobs and more As I talk with many people each day at work, there is one common thread: The poli- ica. American oil, but he then gives away cies of the current administration have made Thank you. I yield the floor. taxpayer money to subsidize foreign it a very risky business for companies trying The ACTING PRESIDENT pro tem- jobs and create more dependency on to produce oil in this area. Leases have been pore. The Senator from Nebraska. foreign oil. While he is at it, he may as canceled, then resold, and then suspended. Mr. JOHANNS. Madam President, I well tax American energy production The confidence of the oil producers has been rise to discuss our Nation’s energy pol- for good measure. That is what they undermined by these actions. They have lost icy. I was very disappointed by last want to do to us. It doesn’t make sense. a lot of money on the bids for these leases. night’s vote. Actually, as one of my Look, I like the President. I person- These experiences are duplicated colleagues pointed out, it was more po- ally am a friend of the President. I wherever Federal energy leases are of- litical theater instead of a serious at- can’t believe he is doing this on his fered. I can say I have never seen a tempt at addressing this Nation’s en- own. He has to have these dumbbells more anti-energy administration than ergy needs. down there at the White House feeding the current one, and all Americans are Instead of investing time on votes him this stuff. But he is bright enough feeling the pain of President Obama’s that will not bring gas prices down, we to look through it and see it doesn’t suicidal energy policies. need to do what Americans expect us

VerDate Mar 15 2010 23:29 May 18, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.011 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3073 to do; that is, adopt a careful, all-inclu- gas reserves to meet U.S. demand for 90 That is the problem with this admin- sive, comprehensive approach. Put sim- years. istration’s approach to energy policy. ply, we need to consider our assets and Let’s turn to coal. Again, based on They have gone out of their way to op- we need to develop those assets in a re- CRS analysis, our domestic coal re- pose utilization of American energy sponsible way. That sounds very simple sources are huge. In fact, the United sources and then they claim that some- to the average person but, unfortu- States is No. 1 in world coal resources. how we have used them up. nately, it seems to allude us here. The United States has 28 percent of the Most famously, the administration Last night’s vote on a narrow tax world’s coal. American recoverable supported a national energy tax called issue, that in a very bipartisan way coal reserves are 262 billion tons of cap and trade—a bill that was inten- was recognized not to reduce the price coal. tionally designed to increase costs for of gas, doesn’t get us headed in the To put that in perspective, the consumers on everything from oil to right direction. If anything, it was a United States consumes about 1.2 bil- gasoline we put in our cars, to coal, to step backward. So I wish to take a lion short tons per year—simply ex- the electricity we use. In fact, the more serious look at the energy re- traordinary. What I am saying is, that President even admitted his policy was sources we have in the United States to is over 200 years’ worth. designed to make the prices for Amer- lay the foundation for the argument Then, CRS did something else inter- ican consumers ‘‘necessarily sky-rock- that we need to develop these re- esting. They consolidated the energy et.’’ Unfortunately, if not remarkably, sources—energy that could help ad- resources, and then ranked the United if not completely unbelievably, that is dress our Nation’s security as well as States against the rest of the world. a direct quote. our economic security. The United States came in at No. 1. The ACTING PRESIDENT pro tem- Unfortunately, we are a victim of This does not include oil shale or meth- pore. The Senator has consumed 10 misperception that somehow the ane hydrates. minutes. United States is running out of energy CRS concluded that total fossil fuels Mr. JOHANNS. I ask unanimous con- and that our own resources are not suf- within the United States, in barrels of sent that I may have an additional 3 ficient. But that is not true. In fact, oil equivalent, are 972.6 billion. minutes. the data tells us that the United States So considering the United States The ACTING PRESIDENT pro tem- can be a dominant energy power. Let leads the world in total energy re- pore. Without objection, it is so or- me say that again. The United States sources, we need to evaluate any en- dered. can be a dominant energy player—a ergy policy on whether it makes Mr. JOHANNS. Today, even after this power—in the global marketplace. strides to use those resources in a re- policy has been repudiated on a bipar- With the proper Federal policies in sponsible way or whether it keeps tisan basis by Congress, the adminis- place, the United States can step into a those resources on the sidelines. tration continues to march ahead with dominating position. The Congressional Research Service similar proposals at the administrative This isn’t something I dreamed up has debunked the myth that we are en- level. last night. This is not something MIKE ergy poor, that we have somehow con- The administration has canceled JOHANNS just invented. This comes di- sumed our resources. In fact, our Na- leases across the Rocky Mountain rectly from the Congressional Research tion is No. 1. We are rich with re- West. They have blocked permits in the Service, the nonpartisan research arm sources: oil, natural gas, coal, and Gulf of Mexico. They have blocked per- of Congress. other resources—and lots of it. mits in Alaska. So let’s go through what the CRS Yet the President, for whatever rea- While the President’s announcement said to us in a recent report. They say son, keeps using a dramatically dif- this weekend would appear to be a wel- the United States is No. 3 in global oil ferent talking point, and it creates the come recognition that oil and gas leas- production. In 2009, the United States wrong impression. Just recently, on ing matters, it disregards the virtual produced about 9.1 million barrels per May 6, 2011, he said: lack of permits to explore. No doubt, day. By comparison, Saudi Arabia pro- The challenge is we’ve got about two to leasing is necessary, but if you do not duced about 500,000 more than the three percent of the world’s oil reserves and have the permits, leasing means noth- United States per day at 9.8 million, we use 25 percent of the world’s oil. ing. Supply stays the same, world de- and Russia leads all countries at 9.9 The impression I think he is trying mand continues to increase, and no one million barrels per day. So today we to create is that we have virtually no should be surprised by the economics. are No. 3 in global production of oil, be- reserves. Yet we are trying to grab all No one should be surprised that this hind Saudi Arabia and Russia. the resources. This statement seri- administration’s policy has a direct For an additional perspective, con- ously, if not intentionally, underesti- correlation to the price of gasoline you sider this: The United States produces mates America’s energy resources be- pump into your vehicle. That is why more than double what Iran produces cause it only relies upon proven re- today we are debating legislation that and produces more than Iran and China serves. That would be like a million- is enormously important. This bill re- combined. aire complaining he cannot afford a $10 quires the issuance of permits. It em- Looking beyond oil production, let’s dinner because he has only $5 in his phasizes safety and environmental re- consider our existing assets. According pocket. sponsibility. It does require spill re- to the CRS, the United States has 163 Here is what CRS says about proven sponse and containment plans, and it billion barrels of oil that is technically reserves: requires we do everything we can to recoverable. That is a lot, and that is Proved reserves are oil, natural gas, or try to improve supply. It says we can more than six times what the adminis- coal that have been discovered and defined, develop our natural resources expedi- tration suggests in its favorite talking typically by drilling wells or other explor- tiously but in a responsible and pru- points. atory measures. dent way. It is a responsible step in the Let’s compare our oil assets to what In other words, unless you drill or right direction. we import from Saudi Arabia, a major otherwise explore, proven reserves Let me put this another way: We, the U.S. supplier. In 2009, we imported never expand and our country stays United States, do not need to beg the about 1 million barrels per day from neutral. rest of the world for energy resources. Saudi Arabia, for a total of 365 million So the President’s talking point com- We do not have to go with cup in hand. barrels per year. So every 3 years, at pletely ignores what they call undis- Energy is too important to our growth, 2009 import rates, we will import just covered technically recoverable—the to job creation. It is too big an issue to over 1 billion barrels of oil from Saudi estimated American resources in those outsource to another country, espe- Arabia. So the United States has areas where exploration has not yet oc- cially to countries that do not like our enough oil to entirely replace imports curred. Thus, it is no surprise what policies. from Saudi Arabia for a long time— happens when we do not issue permits It is critical we get energy policy more than 400 years. to explore and drill. Proven reserves right. Gasoline prices are now over $4 a If we shift the focus to natural gas, would never expand if you did not issue gallon. That is hurting every Amer- the United States has enough natural the permits. ican. It is hurting job creation. Heating

VerDate Mar 15 2010 23:29 May 18, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.012 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3074 CONGRESSIONAL RECORD — SENATE May 18, 2011 and cooling bills are going up. Farmers Mr. Harris also supervised the legal Production and Safety Act. It was re- see their fertilizer, their natural gas team that supported the President’s cently introduced by the minority bills expand. Their input costs are signature on the U.N. Convention on leader, myself, and 16 other Senators. going through the roof. the Rights of Persons with Disabilities There is a very clear contrast, without Our people deserve better, and that is in 2009 and guided the administration’s a doubt, between this and what was why I encourage my colleagues to sup- legal approach to handling a U.N. con- brought up yesterday. port this important legislation. ference on racism. More recently, he Instead of punishing a handful of I yield the floor. led U.S. and international efforts at companies within the oil and gas indus- The ACTING PRESIDENT pro tem- the United Nations to prosecute pirates try, we provide new opportunities to pore. The Senator from Virginia. engaged off the coast of Somalia. put Americans back to work. Instead of TRIBUTE TO ROBERT HARRIS As a 25-year veteran of the State De- merely attempting to assign blame for Mr. WARNER. Madam President, I partment, Robert Harris’s contribu- our Nation’s energy challenges, we de- rise, as I try to do on a regular basis, tions have gone a long way to advance velop a policy that we are proposing to honor another one of our great Fed- American foreign policy and preserve that will start to work right now and eral employees. I know in the great our Nation’s record as a leader in yield real benefits in the years ahead. Empire State of New York there are human rights. I hope my colleagues And instead of raising taxes regardless literally thousands of folks who often- will join me in thanking him for his of the consequences, we ensure that a times work anonymously to make sure, service. far larger source of revenues, those day in and day out, our Federal Gov- (Mr. FRANKEN assumed the chair.) that are derived from new offshore pro- ernment functions. This is a recogni- Mr. WARNER. Again, Mr. President, duction, will be generated in the years tion I took over from our colleague, as you see me on this floor—and I know ahead. Senator Ted Kaufman, after he served you share this commitment to those The bottom line is that our legisla- in the Senate, and I am proud to con- Federal employees who work in the tion is both common sense and long tinue this tradition where, on a regular great State of Minnesota—too often, overdue. It will move our energy policy basis, we come forward and honor one when we have our political dialogs forward, not backward, and it would do of those Federal employees who con- here, we get closed and sometimes cav- so by addressing three pressing needs: tributes to making our Nation safer, alier attitudes toward shutting down We provide a boost to offshore energy making our Nation more efficient, al- our Nation’s government and the eco- production; we improve the safety of lowing many of us in America to enjoy nomic consequences it would have on those operations; and we streamline the benefits of our country, oftentimes, our overall economy and the private our notoriously slow Federal bureauc- again, without a lot of recognition. sector and also the immediate con- racy. The individual I am recognizing is sequences it would have on the lit- Before I describe these sections in Robert Harris, who is the Deputy Legal erally hundreds of thousands of great greater detail, I think it is important Advisor at the U.S. State Department. Americans who serve us as Federal em- to explain why we focus on offshore Mr. Harris has played a critical role ployees. Today we take a moment to production while at the same time we in advancing American foreign policy celebrate Mr. Harris’s service, particu- are focusing on offshore safety. The an- around the world. He has served as the larly in the area of human rights. swer to the first part of that question lead negotiator on several important I think it is a record of service of is that our Outer Continental Shelf bilateral and multilateral agreements which we can all be proud. We some- contains huge quantities, vast quan- on antiterrorism, extradition, and times come down here and have ten- tities of undiscovered oil and gas, some global environmental protection. He dencies to trash the Federal Govern- 86 billion barrels of oil, and 420 trillion also provides advice on issues ranging ment. I sometimes believe we do that cubic feet of natural gas. from treaties to law enforcement and at the expense of these people who The answer then to the second part is intelligence. work oftentimes for less pay, longer we all remember—we all remember and But it is Mr. Harris’s work to ad- hours, and without a lot of recognition. we should not forget—what happened vance human rights around the world This is some small way we are trying last summer. We are committed to im- that sets him apart. In recent years, to recognize Mr. Harris and countless proving the safety of offshore produc- the United States had fallen out of others who serve our Nation day in and tion activities so it does not happen compliance with five global human day out. rights treaties, making it difficult for I yield the floor and suggest the ab- again. As I mentioned, we call our bill the our Nation’s diplomats to press other sence of a quorum. nations to fulfill their human rights The PRESIDING OFFICER. The Offshore Production and Safety Act, obligations—something I know the clerk will call the roll. because we understand that those Acting President pro tempore has a The bill clerk proceeded to call the terms—both production and safety— particular interest in. Mr. HARRIS roll. should be part and parcel of the same oversaw five major reports docu- Ms. MURKOWSKI. Mr. President, I policy. We want our offshore industry menting U.S. human rights activities ask unanimous consent that the order to be working. But we need it to be and got our country back on track with for the quorum call be rescinded. working safely. the rest of the world. The PRESIDING OFFICER. Without Those were words I used yesterday in Mr. Harris is also leading the U.S. objection, it is so ordered. the committee hearing on energy when delegation in the U.S.-China Legal Ex- Ms. MURKOWSKI. Mr. President, we focused on the OCS reform bill. We perts Dialogue, which provides an op- last night the Senate defeated a mis- want our offshore industry to be work- portunity for both countries to ex- guided attempt to raise taxes on the ing, but we want to have that safety change expertise and discuss reforms five largest energy companies that are component. We know our Nation will on a variety of issues. operating in our country. That bill, as need oil for decades to come, even Mr. Harris has successfully engaged we discussed, would have done nothing under the most optimistic scenario we the Chinese to implement an existing to reduce our gas prices, nothing to have out there. law—an existing Chinese law—that re- create jobs in America, and nothing to We know offshore production will duces prison terms and to more fre- increase domestic energy production. create thousands of badly needed jobs, quently grant parole to individuals Furthermore, it would have hardly not just on the offshore rigs them- serving for nonviolent offenses—again, made a dent in our spiraling debt. Put selves, but all across America, and that advancing human rights in China. another way, last night’s effort would it will simultaneously generate tre- Michael Kozak, a senior aide at the have done nothing to address the prob- mendous revenue for our government State Department, commented that lems that most Americans care about, at a time when we are looking for Mr. Harris’s negotiations have ‘‘done that most Americans are talking those revenues. We know that for every more for concrete advancement of Chi- about, as they discuss things around barrel of oil we produce here, that is nese human rights than any previous the dinner table. one less barrel we have to purchase human rights dialogue that I’ve ever This morning we are here to debate a from someone else, typically from seen.’’ very different bill, called the Offshore somebody else that could care less

VerDate Mar 15 2010 23:44 May 18, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.018 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3075 about our situation here in this coun- in making decisions. To remedy the dinary American and an exceptional try. situation, we would limit the amount lawyer, and he will serve with distinc- It is not just me, not LISA MUR- of time that Interior can take to decide tion on the Ninth Circuit Court of Ap- KOWSKI from a producing State. It is on drilling permits. We do allow for peals if he is confirmed by the Senate, not just Republicans who understand some flexibility here, but when delays as I urge he should be. these benefits. Clearly President do occur, we require an explanation as He is qualified by reason not only of Obama and his team acknowledge these to why. What happened? What is hold- his remarkable intellect but also his benefits as well. I do want to take an ing it up? Because litigation is increas- professional experience, his life experi- aside and recognize and commend the ingly used to halt new development, we ences, which are important to anyone President for announcing that he will provide expedited consideration of who serves on the Federal bench. As hold annual leases in Alaska’s Natural those cases in a specific court. demonstrating his intellect, he grad- Petroleum Reserve, the NPRA, estab- We know this bill does not contain uated with honors from Stanford Uni- lishing a permitting office in Alaska, every pro-production piece every Mem- versity in 1991. He was a Rhodes schol- and pursuing developmental opportuni- ber may wish. I wish to see an ANWR ar, graduating with honors also from ties in the Mid-Atlantic and South At- provision in here, but it is not in here. Oxford. He then went to the Yale Law lantic. There are additional items I clearly School, where he was editor of the Yale I have routinely criticized this ad- wish to advance, most notably, revenue Law Journal, and clerked for two dis- ministration on certain aspects of their sharing, critically important for a tinguished Federal judges, including energy policy. But the President de- coastal State such as Alaska, and for Supreme Court Justice Ruth Bader serves credit for taking these steps and my friend and colleague from Lou- Ginsburg. I acknowledge them. I will look for- isiana. He has been a professor and a dean at ward to seeing those actually carried I am going to be working to advance the University of California-Berkeley out, to see that followed through. this bill and, if it advances, offer School of Law. He has worked in pri- The Offshore Production and Safety amendments. If the bill does not ad- vate practice, including serving as a Act offers us a chance to make even vance, I am going to be working within special assistant to the Deputy Sec- greater profits. To boost offshore pro- the committee to continue to push rev- retary of Education. But his life has duction, the first part of the bill would enue sharing and other issues that been about public service. Indeed, he require lease sales in the Gulf of Mex- speak to the pro-production piece. But served for 2 years at the Corporation ico, Alaska, and Virginia to be put for purposes of this bill before us, I re- for National Service, helping to begin back on the schedule. Those are areas alize that with the revenue-sharing the AmeriCorps National Service Pro- that are projected to contain billions of issue, this does present a scoring issue gram. barrels of oil. But if we refuse to even which we need to resolve. So clearly He has dedicated immense amounts of time to representing and serving the offer up the leases, then that energy is more discussion needs to come for that disadvantaged, including minority and never going to be brought to market. to happen. But, regardless, I urge every low-income children in public schools, We would also extend for 1 year all of Member who realizes the critical need and he has received numerous awards, the leases that were held back from for increased domestic production to not only for his academic performance production because of the administra- join together to advance this modest tion’s moratorium. but also for that public service. and very responsible start. He brings to the bench potentially The second part of the bill relates to The purpose of this bill, the reason also life experience and diversity as an the safety, the safety of offshore pro- why we are ready to take it up, move it Asian American. There is no Asian- duction. Again it is pretty straight- today, is it really is so simple. We are American member at present on the forward. It is pretty simple. We require not asking for that much: a handful of Ninth Circuit Court of Appeals. There that each leaseholder develop a spill lease sales to be put back on the sched- should be and Professor Liu ought to response and containment plan to ule, basic safety measures be imple- be that judge. make sure if an accident does occur, mented, and permitting decisions be He has been endorsed by jurists immediate action can be taken to con- made on time. Our goal—pretty sim- across the political spectrum. Ken tain it and to protect the environment. ply—is to put offshore production back Starr, the former Watergate pros- This is critical. This is what we are all on track closer to where it should be ecutor, said about him that he has ‘‘ob- hoping for and waiting for after the and closer to where we need it to be. vious intellect and legal talent.’’ Deepwater Horizon last year. If there is one word that should be Ken Starr also highlighted Professor To further increase our Nation’s re- used to describe this bill, it would be Liu’s ‘‘independence and openness to sponse capacity, we would establish a modest. Everything within it is diverse viewpoints, as well as his abil- public-private task force on spill re- straightforward. Nothing is outlandish. ity to follow the facts and the law to sponse and mitigation measures. We Nothing goes too far. There are no poi- their logical conclusion, whatever its would also require the Comptroller son pills in it. Since its introduction, political balance may be.’’ General to identify any gap in the legal the President has very explicitly en- That is a quality that is priceless in authority or spill response capability dorsed several of the provisions that a jurist. It is to be valued on the Fed- that would need to be resolved. are contained within it. Our proposal is eral bench, it is to be sought, and it is This bill we have before us and that fair, it is sensible, and I believe it is the reason he has been endorsed, as we will move to today, with the vote time for the Senate to send it on to the well, by Clint Bolick, Bob Barr, Tom this afternoon, will actually mark the House of Representatives. Campbell, John Hu, Richard Painter— first time any safety legislation has I yield the floor. the list could go on. But that list is been voted on in the Senate since the The PRESIDING OFFICER. The Sen- simply reflective of that quality of the Deepwater Horizon incident. So this ator from Connecticut. open-mindedness and willingness to lis- Republican proposal is the first time. Mr. BLUMENTHAL. Mr. President, I ten that the Federal bench, and any We did not see that happen last Con- ask unanimous consent to speak as in bench, needs today. gress. I know Chairman BINGAMAN and morning business. He is supported by business leaders I certainly hoped we would see it. But The PRESIDING OFFICER. Without and law enforcement officials, includ- it was not moved through last year. It objection, it is so ordered. ing a bipartisan group of 27 former was not part of the proposal we took up GOODWIN LIU NOMINATION judges and prosecutors and the Cali- yesterday. Mr. BLUMENTHAL. Mr. President, I fornia Correctional Peace Officers As- The third and final part of our bill rise today to support the nomination of sociation. Again, endorsements reflect addresses our notoriously slow Federal Professor Goodwin Liu’s nomination to quality. bureaucracy. Oil and gas projects are the Ninth Circuit Court of Appeals. I want to finish by talking about a routinely delayed, not because of the Very simply, America deserves and couple of qualities that I think are par- technological limits, or even the regu- needs the best of our legal profession ticularly important. One of them is the latory requirements, but because the on the bench, the best Americans on willingness to admit error and recog- Federal Government is simply too slow the bench. Goodwin Liu is an extraor- nize the need for acknowledging error,

VerDate Mar 15 2010 23:44 May 18, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.020 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3076 CONGRESSIONAL RECORD — SENATE May 18, 2011 as Professor Liu did in the hearing I at- At the same time, however, we need 110,000 barrels per day this year. This is tended. By the way, he has had numer- to address current needs with currently not progress. ous hearings—an extensive review by available domestic energy resources, The fact is, the United States is dan- this body. In that hearing most re- such as oil and natural gas. The meas- gerously dependent on foreign sources cently, he acknowledged statements ure we debate today, the Offshore Pro- for our energy needs. We import 60 per- that perhaps should have been said dif- duction and Safety Act, is a balanced cent of our petroleum needs in the ferently, could have been said better. one that offers a timely way forward United States. This is hardly a revela- We all, from time to time, commit by presenting a path toward lower fuel tion. Yet the proposed bill offered by those kinds of errors, but rarely do prices, job creation, and energy inde- my friends in the majority would have people have the courage to acknowl- pendence. led to increased dependence on the im- edge them. Professor Liu is the kind of This legislation is responsive to the portation of energy from foreign coun- human being who searches for the best needs of the American people, not at tries, many of which are not supportive in himself, as well as in others. He has some uncertain date in the future but of American interests, to put it mildly. a quality of integrity I think is perhaps now, making use of the resources and Furthermore, the suggestion that the most important in a Federal judge, or technology available today. appropriate response to soaring prices any jurist, and I hope across the polit- The specifics of the legislation before of gasoline is greater taxation on the ical spectrum in this body there will be us are straightforward and common- companies that produce gasoline sim- support for Professor Liu when his sense. This bill would require proposed ply runs counter to common sense. In nomination comes to a vote within the lease sales in the Gulf of Mexico, in the the larger picture, the administration’s next couple of days. Mid-Atlantic, and those off of Alaska energy policy is not comprehensive in Mr. President, I yield the floor and to be completed. It would cut bureau- nature because it fails to promote the suggest the absence of a quorum. cratic redtape while speeding up the utilization of proven domestic re- The PRESIDING OFFICER. The approval of drilling permits. Energy sources, and the traditional domestic clerk will call the roll. activities suspended during the admin- production it allows comes wrapped in The bill clerk proceeded to call the istration’s moratorium on offshore bureaucratic redtape. If our goal is to roll. drilling would be extended by 1 year. increase our energy independence in Mr. WICKER. Mr. President, I ask Safety considerations are also taken the near term, the White House seems unanimous consent that the order for into account under this bill, taking les- to want to lead us in the opposite di- the quorum call be rescinded. The PRESIDING OFFICER. Without sons that we learned from last year’s rection. We do not encourage the in- objection, it is so ordered. Deepwater Horizon tragedy, to make creased production of any good by rais- Mr. WICKER. Mr. President, I rise deepwater drilling safer than before. ing taxes and imposing more regula- today in support of the Offshore Pro- Energy independence—a goal we all tions on it. duction and Safety Act, a measure to share—can only be achieved through The McConnell alternative, which we increase domestic production of oil and conservation, innovation, and domestic will vote on this afternoon, takes a dif- natural gas in this country. exploration, but domestic exploration ferent strategy—one that would in- There are any number of things that must be a part of this in order for us to crease access to domestic oil and nat- make the United States the great Na- obtain independence. ural gas. It is a strategy that would tion it is. Three of these things relate According to a 2009 report by the create jobs and spur economic growth, directly to the debate on the legisla- CRS, America’s combined recoverable while increasing government revenues tion that we will vote on this after- natural gas, oil, and coal endowment is and improving industry safety. noon. They include our bountiful nat- the largest on Earth. It is far larger Oil and natural gas reserves are ural resources, the freedoms estab- than the reserves of Saudi Arabia, abundant and accessible in the United lished by our Founding Fathers, and China, and Canada. We have the re- States today. Tapping these domestic the determination of the American sources to meet our energy needs. I resources is integral to lowering en- people. point out again that this is the inde- ergy prices and making us more energy The measure offered by the majority pendent Congressional Research Serv- independent. yesterday would have worked to stifle ice that tells us this. I urge my colleagues to support the these very characteristics by discour- Closely related to this issue is the Offshore Production and Safety Act as aging economic activity, taxing indus- one of job creation in America—one a logical, prudent step in the right di- triousness, and putting more of our re- that we should all be interested in with rection for U.S. energy policy. sources off-limits for development. the unemployment rate currently at 9 I suggest the absence of a quorum. From the oil wealth of the gulf coast, percent. America’s oil and natural gas The PRESIDING OFFICER. The to the coal reserves of Appalachia, industry is responsible for 9.2 million clerk will call the roll. from the hydroelectric power that jobs in this country. I know the people The bill clerk proceeded to call the characterizes much of the American who have those jobs are proud to have roll. West, to the oilfields of Alaska, Amer- them. I know the families who are sup- Mr. SESSIONS. Mr. President, I ask ica is blessed with an almost boundless ported by those jobs are proud of their unanimous consent that the order for supply of energy wealth. From the family members who work in this in- the quorum call be rescinded. time of this Nation’s founding, Ameri- dustry. Wouldn’t it be great if we can The PRESIDING OFFICER. Without cans have sought to explore and de- expand that 9.2 million to a higher fig- objection, it is so ordered. velop this bounty. I am pleased to note ure? Mr. SESSIONS. Mr. President, yes- that in recent decades we have become There was much discussion yesterday terday the Senate debated a bill to in- more responsible stewards of this en- about taxation and budget consider- crease taxes on the production of oil dowment. ations. Oil and natural gas production and gas in the United States, as well as Last night, I held a telephone town- in the Gulf of Mexico raised over $67 the tens of thousands of Americans hall meeting with many of my con- million in revenues for the Federal and that industry employs and really the stituents, and the issues of gasoline State governments in fiscal years 2008 millions of Americans it serves. We prices and energy independence were through 2010. That is according to the should have been debating a budget. In raised repeatedly. It is certainly not Department of the Interior. Millions fact, the Senate has not passed a budg- surprising in light of the high gasoline more went to land and water conserva- et for 749 days. prices we are facing today. As I told tion. But because of the administra- The majority decided to bring their Mississippians again last night during tion’s moratorium, energy production bill to the floor yesterday in an effort, this townhall meeting that I favor an in the Gulf of Mexico is expected to de- I think, to change some of the con- all-of-the-above approach to addressing crease by 13 percent this year, as esti- versation from the problem at hand, America’s energy needs. I have sup- mated by the Energy Information Ad- which is our spending problem in Wash- ported, and continue to support, inno- ministration. Again, that is an official ington. Today we borrow 40 cents of vation in the area of biofuels, geo- organ of this government. Overall, U.S. every dollar we spend. Spending on do- thermal power, wind, and solar energy. production is projected to drop by mestic government agencies domestic

VerDate Mar 15 2010 23:44 May 18, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.022 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3077 nondefense government agencies in the Somehow we have to figure out how to they ignored the convoluted tax sys- past 2 years increased 24 percent. That boost the price of gasoline to the levels in tem that is increasing and inhibiting does not count the $700 billion, almost Europe. job growth in America. The United $800 billion stimulus package. It was Dr. Chu is now the Secretary of En- States has the second highest cor- much more than that added to it. The ergy for the United States of America. porate tax rate in the world—39.5 per- Medicare trust fund will go bankrupt He needs to be thinking about how to cent. All the developed nations have in 2024. The Social Security trust fund get the costs down and serve the con- been reducing their taxes. Only Japan will be insolvent in 2036. In the past stituency of America. I do not know has as high a corporate tax rate as we decade, our Nation’s debt has increased what idea he has that we ought to be do, and they are reducing theirs. The from $5 trillion to $14 trillion. raising the cost of energy to the level Canadian Finance Minister, whom I Despite the gravity of our situation, in Europe. had the chance to meet with last week, the majority has chosen to debate a The Environmental Protection Agen- says Canada is bringing its tax rate bill to increase taxes on oil and gas, an cy, in fact, is enacting new regulations down to below 15 percent. And we are industry that employs 170,000 Ameri- that will also drive up the cost of en- taxing at 39.5 percent? Will that not cans and a number in my State and ergy in a way that should never have cause a business to decide maybe to added this past year 11,000 new jobs. happened, in my view. We have had build their factory in Canada rather Mr. President, $1.9 trillion in taxes has some close votes on that issue. Hope- than in the United States and cost us been generated by the industry since fully, we will soon be able to pull back much needed time? 1981. The Reid-Menendez bill would not that effort. A study by the Affordable The PRESIDING OFFICER. The Sen- have decreased prices at the pump but Power Alliance concluded that EPA’s ator’s time has expired. would have shipped more jobs overseas greenhouse gas regulations could in- Mr. SESSIONS. Mr. President, I ask and resulted in the importation of crease the cost of gasoline by 50 per- unanimous consent to speak for 1 addi- more oil and gas. Whenever you tax cent, electricity by 50 percent, and nat- tional minute. something, you get less of it. Whenever ural gas by 75 percent over the next 20 The PRESIDING OFFICER. Without you tax a refining process, you drive up years. That is a stunning figure. There objection, it is so ordered. the cost. It is just that simple. is no doubt it will drive it up. The ma- Mr. SESSIONS. I thank the Chair. We are all aware that gas prices have jority has yet to recognize the negative Mr. President, I believe the McCon- doubled in the President’s first 2 years impact these tax increases and new nell legislation, which has three com- in office. Raising taxes on energy com- EPA regulations will have on the econ- ponents—one aimed at restoring Amer- panies operating in America would do omy. ican offshore production in the wake of nothing to help that situation. The With gas prices up to $4 a gallon, the moratorium that has been imposed, real solution is for America to enact from $2.75 in September—$4 from a safety component aimed at pre- legislation that increases domestic $2.75—this translates into a 5-percent venting future incidents like the Deep- American energy production from a va- cut in the average American’s discre- water Horizon, and an efficiency com- riety of sources—oil, natural gas, nu- tionary income just for the same ponent aimed at streamlining the clear—we need to do more on nuclear— amount of gas they are buying. This issuing of permits—is the right way to hydroelectric, biofuels, coal and other means less spending on home improve- go. More production of American en- sources of reliable energy that Ameri- ments, furniture, clothes, vacations— ergy will help our country, our econ- cans can put to good use—our energy. things people and families need. All omy, and our people. Conservation is a very important fac- that is eaten up by increased energy I thank the Chair, and I yield the tor and should play a very important costs. In a way, it is a form of a stealth floor. role. America needs an energy policy tax on the American people. The PRESIDING OFFICER. The Sen- that strengthens our national security, Furthermore, increasing energy ator from New Jersey. fosters economic growth, and protects taxes will make doing business in the Mr. MENENDEZ. Mr. President, I the environment in a reasonable and United States more expensive. As a re- have come to the floor to talk about cost-effective manner. Americans need sult, jobs will go overseas. the Republican bill to expand coastal affordable domestic energy. Regret- The rise in gas prices over the past drilling without environmental review, tably, the Senate majority plan does two years has meant that a family pay- without the normal planning process, not seem to be interested in that kind ing $100 a month for gasoline will now and without important safety meas- of energy policy. pay over $140 a month for gasoline. If ures. But before I do, I just have to re- In April of this year—just last someone is paying $200 a month—and spond to the remarks of my distin- month, the United States imported 344 many are—they would pay $280 a guished colleague from Alabama about million barrels of oil from foreign month just because of a change in the our bill debated on the floor yesterday. sources. That is over 60 percent of the gasoline price. Add it up. That is what Only in Washington—only in Wash- oil consumed in America. That means it amounts to—$80 for a family who ington—could taking $21 billion from we sent $42.5 billion overseas in April uses $200 a month in gasoline. the oil companies’ tax breaks, which alone to purchase the oil we import. Some argue raising taxes will help the legislation clearly stated would go Stated differently, last month alone reduce our deficit, but the tax in- to deficit reduction, at a time that oil the United States spent over $980,000 creases in the Reid-Menendez bill companies are making anywhere be- per minute on oil from foreign sources. would have raised approximately $1.2 tween $125 billion and $144 billion in That is almost $1 million a minute. billion in 2012. With a projected deficit profits—not revenue but profits—would This presents a significant risk to our of over $1.6 trillion this year, the rev- that be not reducing the deficit. Only national security, as so many have told enue produced from these taxes would in Washington could you say taking $21 us, as many of these dollars are going be a drop in the bucket. Don’t think it billion from the oil industry and the to nations that are not friendly to us. is going to balance our budget, that is tax breaks they get, with record prof- This also further exacerbates our Na- for sure. its—and the law said very clearly that tion’s trade balance. We import far Furthermore, the bill’s sponsors was going directly to deficit reduc- more than we export, and our exports claim the money would be used to re- tion—only that could be viewed a dif- now are beginning to rise a little bit, duce the deficit, but there is nothing in ferent way. And to suggest the oil com- but those gains are being more than the bill that does that. Although the panies cannot do without that $21 bil- offset by the importation of oil and the language sounds good, the language is lion of the taxpayers’ money when they price of oil. essentially what we call a sense of the are making $125 billion to $144 billion The Reid-Menendez bill would have Senate and has no binding power. In in profits is pretty outrageous. increased the price of energy in Amer- the end, nothing in the bill could have But I know what today’s legislation ica, which, I have to say, seems to be been construed as mandating deficit re- is about. Yesterday, the Republicans the objective of the administration and duction. It is simply a tax increase, were standing up for Big Oil and today some in this Senate. In September of plain and simple—tax and spend. they are standing up for Big Oil again 2008, Steven Chu told the Wall Street As the majority tried yesterday to because this is not about reducing gas Journal in an interview: increase taxes on the energy industry, prices.

VerDate Mar 15 2010 23:44 May 18, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.023 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3078 CONGRESSIONAL RECORD — SENATE May 18, 2011 Haven’t we learned anything from does not make sense to play Russian ing up the mess. I don’t want to clean the tragic death of 11 men aboard the roulette with an asset that generates up the oil companies’ messes. I don’t Deepwater Horizon rig a little over a thousands of jobs and tens of billions of want to put future generations of year ago? Haven’t we learned anything dollars per year for drilling assets that Americans at risk in terms of the con- about the families who lost livelihoods could never generate even one-tenth of servation of their environment. And I and the gulf economy that will take that. certainly do not want to wait for 2030, decades to finally rebuild? Just over a My colleagues argue that we must to take all of that risk, to risk all of year ago, I came to the floor to speak risk our coastal economies in order to the billions of dollars in our coastal about this human and environmental bring down the price of gas; that what economies for three cents. catastrophe, a spill that many in this we need is more production domesti- Mr. President, let’s vote no on this Chamber said was inconceivable—well, cally. But here is the problem. As this suggestion, and let’s move forward to a inconceivable despite the fact that a chart shows, we now have greater pro- green energy future that finally breaks remarkably similar spill had happened duction than at any time since 2005. our addiction to foreign oil and breaks a year before off of Australia’s coast. Yet what do we see? Gas prices haven’t our addiction to those gas prices we Two hundred thirty miles of coastline gone down. So how does that theory suffer with today. in Louisiana, Mississippi, Alabama, play out? We have greater production Mr. President, I yield the floor. and Florida was spoiled by toxic oil, domestically than ever before, but gas The PRESIDING OFFICER. The Sen- and countless families who made their prices haven’t gone down. ator from Missouri. living on the coast had their lives What does the Department of Energy Mr. BLUNT. Mr. President, I hear turned upside down. This chart reflects tell us? It estimates that opening all talk about gas prices and the economy, the oilspill in Australia, but this is the shores—all shores—to drilling the effect on the economy and our fu- similar to what happened in the gulf. would reduce gas prices by—how much, ture. We need to work hard to be sure Despite that sobering reality, my col- Mr. President?—one, two, three cents we are producing more American jobs. leagues on the other side of the aisle in the year 2030. That is from the De- Frankly, I can’t think of a better way have introduced a bill that would open partment of Energy of the United to do that than to produce more Amer- new areas to coastal drilling and put States. Drill everywhere and a 3-cent ican energy. We use about the same millions more families at risk of losing reduction in 2030. I don’t think that is amount of energy in a good economy as everything. And at the same time they about providing relief right now. Three we do in a weak economy. It is the are calling on coastal communities, cents per gallon in 20 years, and yet we place to go where we know the con- such as my home State of New Jersey, would risk tens of billions of dollars in sumers are, whether it is the electric to risk everything, they have blocked damage to our coastal economies? bill or the gasoline at the gas pump, efforts to address the fundamental So instead of doubling down on 19th- and we ought to be doing all we can to safety concerns raised by the Deep- century fuels, we should be investing in produce those jobs. water Horizon blowout and the results a new 21st-century green economy that Certainly there are many factors of what the commission said. This will create thousands of new jobs, bil- that affect the price of oil, things such reckless bill would allow drilling in lions in new wealth, and will help pro- as the value of the dollar, supply and sensitive coastal areas even though tect our air and water from pollution. demand, and the global events that af- current safety and oversight laws have It is time for this country to move for- fect oil, such as the problems now in been deemed to be inadequate to pre- ward and embrace the future rather Libya and other oil-producing coun- vent a repeat of the gulf disaster. than clutch at the ways of the past. tries, or even the weather. I live in a So I ask, have we learned nothing? Over the last 2 days, we had two bills State bounded by the Mississippi River, My home State of New Jersey would presenting clear choices—my bill to and the flooding down the Mississippi face a risk of drilling along Virginia’s cut oil tax breaks and this bill to reck- has had some impact on the north- coast, less than 100 miles from the Jer- lessly expand oil drilling. Neither bill south movement of refined products in sey shore. If the gulf spill happened in will do anything to gasoline prices. the country. All those things have im- Virginia waters, many New Jersey fam- And despite rhetoric on the other side pact on gas prices. ilies and much of our coastal economy of the aisle, neither bill is about gaso- One thing that will come up this would be ruined. We have magnificent line prices. summer and that I have worked hard pristine beaches. The dunes along the I said it very clearly. My bill to cut on and on which many of my col- coast are breathtaking, wildlife is oil subsidies was about lowering the leagues have joined me is looking into abundant, and tourism depends on it. It deficit and doing so by cutting wasteful what we can do to be sure our efforts to would all be in jeopardy. This is the subsidies. It is hard enough to be pay- have clean air don’t needlessly restrict second major driver in billions of dol- ing nearly $4 a gallon for gas, but then the supply of gasoline. As we get into lars for our economy. And for what? to have the taxpayers reach into their the summer months, too many cities This photo shows what happens to pockets and give more money to Big have their own unique blends of fuel. wildlife when coastal drilling goes Oil to have them make bigger profits is That means we turn the refineries into wrong. It shows a risk we cannot take. pretty outrageous. The Republican profit centers making these unique A spill similar to the one in the gulf leader’s bill is about enriching oil com- blends of fuel instead of places that could quickly travel to Cape May and panies by granting them new areas to process oil into gasoline and different blanket the entire Jersey shore in a drill without normal safety or environ- blends of gasoline only when necessary sheen of toxic oil. This would not only mental review. My bill was designed to as opposed to whenever someone has be an environmental disaster but also help taxpayers, and their bill is de- convinced a city that a unique blend of an economic disaster for New Jersey. If signed to help oil companies. fuel is the only one they can possibly our coast was covered in oil and our When it is all said and done, this is use. wildlife disappeared, tourists wading what we are deciding today: Are you In my State of Missouri we have one into the ocean would be replaced by with the working, middle-class Ameri- blend of fuel in the summer in St. cleanup crews in biohazard suits. That cans or are you with Big Oil? I think Louis, another blend of fuel across the is not what I want for the people of the there is only one fair answer, only one State in Kansas City, and a third blend coastal communities of my State or answer that makes sense for American of fuel in between. All those have to be any other State. families, and only one answer for our- blended separately, trucked separately, With approximately 60 percent of selves as a country looking to future sold, obviously, separately. The Gas New Jersey’s $38 billion tourism indus- generations. Act, which I hope we can talk about try generated by the Jersey shore, we If we learned nothing from the trag- more in the next few weeks, is one of cannot afford to let this happen. And edy of a year ago, then that is a sad the ways we can bring as much com- when we add the effect a spill would commentary. But if we have learned, mon sense into the system as we can. have on my State’s multibillion-dollar yes, we can pursue drilling in certain Let’s take the supply that we have fishing industry, the economic con- areas, but it must be done safely or available and use it in the way that sequences are unimaginable. It simply else we spend billions afterward clean- makes the most sense.

VerDate Mar 15 2010 23:44 May 18, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.024 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3079 In fact, right before Katrina in 2009, day in 2012 because we have not been impact on the short-term response of the President was given new authority pursuing the drilling permits. the industry because they know Amer- in cases of natural disaster to suspend It is possible that 2011 could be the ica is going after its resources. these fuel blends if there is a restric- first year since 1958 that the Federal I urge we approve this bill. I intend tion of supply, and the President did Government will not hold an offshore to vote for it. that. I don’t think he had the author- lease sale—the first time since 1958. I yield the floor. ity a month before Katrina hit. The Does that mean we are less dependent The PRESIDING OFFICER (Mr. President did that, and in the 6 months on oil and gasoline than we were in 1958 UDALL of New Mexico). The Senator that authority was used, gas prices did or 1959 or 1969? No, it does not mean from Oklahoma is recognized. not go up in any significant way at all, that. We are more dependent, and we Mr. INHOFE. Mr. President, first, let as I recall, because for that 6-month need to move forward with looking at me say I will be supporting the bill period of time gasoline became a com- the resources we have. that we have before us today. It did not modity again. Recently—recently meaning Satur- go far enough, though. What we ought If one could get gasoline, one could day, in his Saturday speech—the Presi- to do is open everything. I am talking sell gasoline. If somebody had gasoline, dent appears to have reversed course about the Pacific, the Atlantic, the one could buy gasoline. It did not mat- on this issue and has called for Alaska gulf, the North Slope, the public lands. ter whether it was the unique blend and Gulf of Mexico leases to be rein- That is what we really need to be that one had become convinced that in stated and for an extension of leases doing. their community that was the only one impacted by the moratorium. I think I know there are some reasons they right for them, and we set some stand- this bill actually helps what the Presi- are confining it to the gulf in terms of ards on those blends at the time, in the dent called for on Saturday. It would this legislation. While I respect that, Gas Act, with 38 of my colleagues who be lightening speed for the Senate to again it does not go far enough. cosponsored it. We will set more stand- pass a bill on Wednesday or Thursday Let me make one comment about ards. That is one way to try to use the that the President asked for on Satur- yesterday’s vote. Right now the single supply we have in a way that makes day. I think this is very much in line issue people have in terms of energy is the most sense. with what I would admit is a new posi- the price of gas at the pump. I know it Another way, clearly, is to go out tion for the President to take, but it is is not just my wife, they are all that and find more. Our approach to energy one he seemed to take firmly on Satur- way. I can see that. But when the needs to be threefold: to use energy day. This legislation would help him. Democrats came up with their bill last more efficiently so we use less, to find The number of lease sales is undeter- night, I hope people remember who was more, and to invest in the future to mined by the President’s address, but voting for this. That was for a major find out what those things are that we we could help by pursuing leasing and tax increase on what they call Big Oil. need to be looking at as we transition permitting with this act. This act di- Big oil is the five biggest oil compa- the system. rects the Interior Department to con- nies. I hate to say this, but sometimes I am not at all of the opinion we will duct the offshore lease sales that the you walk on the floor with half truths not have a system, a fleet of cars that administration canceled in December and get by with it, and people will as- is powered in different ways at some of 2010. These were lease sales that sume that is true. As much as I love date in the foreseeable future. But the were underway, the process was well my fellows on the other side, some of foreseeable future would be 25, 30, 40 along, and the administration canceled the things that were stated were actu- years. I am equally convinced that no those lease sales in December of last ally just totally inaccurate. matter what direction we go for fueling year. To say the big five don’t pay taxes— automobiles, 25 years from now the These were lease sales in the western they pay huge taxes. I don’t know majority of cars on the highway are and central gulf and on the Virginia where they come up with some of these still going to be using gasoline. That Outer Continental Shelf and the Alas- numbers. I am going to single out one means we need to find more of it here. ka Outer Continental Shelf. Let’s go company, ExxonMobil, and tell my col- That is what the Offshore Producing back to that point: Let those lease leagues something they are not aware and Safety Act that Senator MCCON- sales move forward as they were doing of because it has not been said on the NELL introduced does and what I am co- before they were canceled. The Presi- Senate floor yet. sponsoring along with my colleagues. dent just said Saturday: Let’s do this. In 2010, ExxonMobil’s total tax ex- This bill tries to restore our offshore Let’s do it, and let’s give him the tools penses in the United States were $9.8 exploration of energy. Thirty percent and encouragement he needs to do it billion. That is what they paid in taxes of our domestic energy supply has right now. in 2010. That includes income tax ex- come from the gulf in recent years. We This would end the permanent mora- pense of more than $1.9 billion. That want to be sure that number continues torium that occurred last year in the $9.8 billion in taxes exceeded the 2010 to remain at that level. gulf. It includes a 30-day time limit for U.S. operating earnings of $7.5 billion. Since April of 2010, the administra- the Interior Department to review and What we are saying is, they paid $9.8 tion has only approved 53 shallow- decide on drilling permits. If rejected, billion in taxes. They only received $7.5 water and 14 deepwater permits—most the Interior Department has to disclose billion in terms of earnings from the of those underway before the Deep- why it rejected the permits. There United States. Why is that? It is be- water Horizon spill a year ago. In fact, should not be anything wrong with cause about 80 percent of their oper- the moratorium has, for all practical that. If a permit should be rejected, ev- ations are in other countries. They are purposes, become what some people are erybody ought to be told why, and it in 100 different countries. Not one of describing as a permatorium. We per- ought to be part of the record. It also the other countries charges taxes when manently decided we were not going to provides for default approval if the In- they go offshore. I believe we are the look at the gulf for the kind of oil that terior Department does not make a de- only country that charges a U.S. tax on it can, should, and needs to produce. In cision within 60 days. production that takes place in some fact, offshore energy production is pro- Finally, it improves safety proce- other country. jected to fall by 210,000 barrels per day dures by adding additional require- For that reason, if we tax them like this year. That means in the gulf we ments for a spill response plan and a most people do it would have been a would be getting 210,000 fewer barrels containment response plan to see that tax credit and not a tax at all. None- of oil every day this year than we got was done. theless, they were accountable for pay- last year. This would mean we would have more ing taxes that year of $9.8 billion. Look Surely, that is no solution, to be- American energy, and more American at this year. That was 2010. During the come more dependent on other coun- energy has two impacts. No. 1, it would first quarter of this year, our U.S. op- tries that are recipients of the jobs inject more supply in the marketplace, erating earnings of this particular that follow our energy future. We need putting price pressure on the world- company were $2.8 billion—that is the those jobs to be here. The estimate is, wide marketplace. If we fully pursue first quarter of 2011. The rest of their we would be down 190,000 barrels per our own resources, that does have an earnings, more than $8 billion, came

VerDate Mar 15 2010 23:44 May 18, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.026 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3080 CONGRESSIONAL RECORD — SENATE May 18, 2011 from operations in more than 100 coun- Secondly, he says: cent just since the committee’s 2006 es- tries worldwide. The administration believes that it is no timate. At today’s rate of use, this is Here is a number we will not hear in longer sufficient to address our nation’s en- enough natural gas to meet America’s Washington. During the first quarter ergy needs by finding more fossil fuels. . . . demand for 90 years. on those earnings, U.S. earnings of $2.6 Look, I am all for coal, gas, oil. I am Keep in mind natural gas is not just billion, they incurred a tax expense and for nuclear. I am for all of the above. I natural gas to develop energy, but also paid a tax of $3.1 billion. They are pay- am for all of the renewables: Sun, wind, natural gas is something we are going ing more than they are getting out of and everything else. But we have to to be using in our cars today. It is this country. I think sooner or later we run this machine today, tomorrow, and available. They are working on tech- have to come up and just tell the truth the next 5 and 10 years. We can’t do nology. We are working on the certifi- of what is happening. It is all class that without fossil fuels. cation of engines that will burn nat- warfare. I think we know that: Big, bad Further, they stated: ural gas. When we are, it is going to re- lieve that tension also. Right now, the oil. They are all bad. The administration’s goal is to have re- We have a lot of production in my sources invested in ways which yield the price of a comparable gallon of natural State of Oklahoma. We have companies highest social return. gas to run an automobile is $1.60 gal- lon—$1.60 as opposed to $4, so it is out such as Devon and Anadarko and oth- Social return, that is a totally dif- ers that are doing a lot to relieve this there. ferent thing—not an economic return, I have to say this. The President problem. I know what is going to hap- not the ability to run our country our- pen. It did not pass, obviously, and is made a speech, and I responded on a selves but some kind of a social engi- couple of TV stations. This was prob- not going to pass, but if it had the next neering that is going on. target would be some of the smaller do- ably 3 weeks ago. It was on energy. He The best quote and the most telling said in that speech: We have an abun- mestic companies. is the one that came from Secretary I remember coming down to the floor dant supply of good, clean natural gas. Chu, the Energy Secretary for Presi- We need to be using it. Then, at the last year when the good Senator from dent Obama. Listen to this: Vermont had a bill and was bringing it end of that speech, he said: However, We are going to have to get some sort of we have to be very careful what we are up by unanimous consent, and I just regulatory thing going on that [hydraulic going to be doing because we don’t happened to get here in time to stop it fracturing]. want to contaminate our drinking and debate it and defeat it. In that bill He said: water with hydraulic fracturing. they even held up a picture of a check Somehow we have to figure out how to I happen to come from Oklahoma. from ExxonMobil as to what their tax boost the price of gasoline to the levels in The first hydraulic fracturing job in liabilities were—totally wrong, in my Europe. Oklahoma was done in 1948. We have opinion, and apparently in the opinion This is our administration saying not had one documented case of of 61 of the 100 Senators because they this. This is the Secretary of Energy: groundwater contamination ever since joined me in opposing that particular 1948, 60 years. Yet, right now, they are legislation. Somehow we have to figure out how to boost the price of gasoline to the levels in going to stop us from going after nat- We have a solution to the problem. Europe. ural gas by taking away hydraulic frac- This is not rocket science. Right now They are intentionally raising the turing. In these tight formations, the we have the data. It just happened in shale formations, you can’t develop a the last 8 months that the Congres- price of gas and it is by their own ad- mission. cubic foot of natural gas without using sional Research Service—nobody has hydraulic fracturing. It is a way of in- stood on the Senate floor and ques- We were warned way back during the campaign when President Barack serting liquids in to force the gas out tioned the fact that they are non- so we can develop it. So it is there. So partisan; they are objective. They Obama was a Senator. He said: Under my plan of a cap and trade system, the President is saying we need to use looked at our recoverable reserves in natural gas, but we don’t want to use coal, oil, and gas and found they are electricity rates would necessarily sky- rocket. hydraulic fracturing. greater in America than any other There is an effort right now by many So we have an effort by them. I country in the world. We have those re- Members to try to take that over as a would just warn my good friends on the coverable reserves. Federal function, the regulation of hy- Democratic side of the aisle to watch The problem is, we have a political draulic fracturing. Right now, there this pretty closely because just because problem where the liberals here, along has never been a problem with it. It is the President wants to increase the with liberals in the White House, in- regulated differently in different cluding the President, will not exploit price of oil doesn’t mean that your con- States. For example, in my State of our own resources. We have all the oil stituents do. In fact, I can assure you Oklahoma, in the Anadarko Basin, we and gas and coal that is out there. We your constituents do not, unless there are talking about depths of some 35,000 could be totally independent of the is something unusual about my State feet. If you go just north in Kansas, it Middle East in a very short period of of Oklahoma. is between 3,000 and 4,000 feet. So it is time if we would just go offshore on all Let’s see what the CRS report said a different in different States. It needs three coasts, along with the North little bit more specifically. They said, different regulation. It is not broken Slope, ANWR, and with our public in the updated report, America’s com- and we don’t need to fix it. lands. As I say, every other country bined recoverable oil, natural gas, and What has the President done? He has does it. coal endowment is the largest on put Secretary Chu in charge of deter- So we have to wonder: Why don’t we Earth. America’s recoverable resources mining what we are going to do with do it? Why is it we don’t care about are far larger than those of Saudi Ara- hydraulic fracturing. Secretary Chu is supplying ourselves with homegrown bia, China, and Canada combined. That the same guy who said we have to raise oil, gas and coal and taking care of our is the resources we have in oil, coal, the price of our gasoline to be com- own energy needs? We have the ability, and gas. parable to the gasoline price in Europe. but the politicians will not let us do it. America is the world’s third largest So that is the wrong guy for that kind There is one reason. That is—and this oil producer and is endowed with 163 of a study. is disturbing—that in the case of this billion barrels of recoverable oil which Besides that, I would remind my col- administration, they don’t want to do will run the United States of America leagues we actually have a study that it. This administration has said many for 50 years. We can run it. All the oil is going on right now by the Environ- times they are not interested. Listen we will need for 50 years, we have it. mental Protection Agency on hydrau- to what Alan Krueger, Assistant Sec- We just have to get the politicians out lic fracturing that isn’t through yet. It retary of Treasury, said: of the way so we can produce it. would seem to me we ought to at least The tax subsidies that are currently pro- Natural gas, in terms of trillions of finish and get this study before we rush vided to the oil and gas industry lead to inef- cubic feet, America’s future supply of in and try to pass something that will ficiency by encouraging an over investment natural gas is over 2,000 trillion cubic stop us from being able to develop our of domestic resources in industry. feet, an increase of more than 25 per- natural gas.

VerDate Mar 15 2010 23:44 May 18, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.026 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3081 I can say the same thing for coal. MCCONNELL that increases offshore pro- through technology, increased con- America is No. 1 in coal reserves. Right duction while improving the safety of servation, and a diversified energy sup- now—people aren’t aware of it—we are offshore drilling operations. ply through the use of renewable fuel reliant upon coal for 50 percent of the Unfortunately, the Reid proposal sources. power it takes to run this machine would have increased taxes on domes- Along with supporting America’s oil called America. America is No. 1 in tic production of oil and gas, which and gas development, we must also coal resources, accounting for more would have discouraged domestic drill- focus on other domestic energy than 28 percent of the world’s coal. ing and resulted in the loss of many sources—including nuclear energy, So we have it here. We have gas. We American jobs associated with the oil wind, clean coal, and solar power—that have coal. We have oil. All we have to and gas industry. will allow us to achieve sustainable en- do is develop them. Without incentives to produce oil and ergy independence. How many people in America who gas in the United States, there is real I am hopeful that in the 112th Con- have gone through elementary school risk that energy companies will take gress we will take on some form of don’t remember supply and demand? many of their drilling operations over- comprehensive energy legislation. For We have a huge supply and there is a seas. This goes directly against goals I the sake of our national security and great demand for it, but we have our know many of my Democratic col- our economy, we need to take this politicians who will not let us develop leagues share of reducing our depend- issue on now instead of kicking it down our supply. As long as that holds, it is ence on foreign sources of oil and en- the road for others to handle. going to be very difficult for us to do couraging job growth. Moreover, as we I encourage my colleagues to support it. watch gas prices rise, why would any- the McConnell proposal. So I would just say this. This is a one want to impose new taxes on en- Mr. President, I yield the floor and suggest the absence of a quorum. wakeup call for the American people. ergy which will only further increase The PRESIDING OFFICER. The We have a vote this afternoon. It is not prices Americans pay at the pump? clerk will call the roll. good enough. I am going to vote for it. My colleagues across the aisle who The assistant legislative clerk pro- But we ought to be opening our explo- support this legislation portray their ceeded to call the roll. ration and production all over Amer- proposal as a deficit-cutting measure. Mr. HOEVEN. Mr. President, I ask ica. To do that, we have to go beyond As much as anyone here, I recognize unanimous consent that the order for this bill. This is a start and it is a start the importance of reducing our Federal the quorum call be rescinded. that is worthwhile. deficit. But I do not support targeting The PRESIDING OFFICER. Without With that, I yield the floor and sug- one industry to bear the brunt of the objection, it is so ordered. gest the absence of a quorum. deficit-cutting measures while others Mr. HOEVEN. Mr. President, I rise to The PRESIDING OFFICER. The enjoy tax incentives. speak on behalf of S. 953. Today I wish clerk will call the roll. Rather than hindering domestic pro- again to speak about gas prices in our The assistant legislative clerk pro- duction of oil and gas, we must encour- country and the pressing need to in- ceeded to call the roll. age the development of abundant en- crease domestic supply. In a nutshell, Mr. CHAMBLISS. Mr. President, I ergy resources we have right here in- the way you reduce prices at the pump ask unanimous consent that the order side the United States, and we must do for American consumers is by increas- for the quorum call be rescinded. so in an environmentally responsible ing supply, particularly domestic sup- The PRESIDING OFFICER. Without manner. ply. More supply will not only help objection, it is so ordered. I was pleased the Reid proposal did bring down the price of gasoline at the Mr. CHAMBLISS. Mr. President, I not pass yesterday. As a cosponsor of pump for American consumers, but it rise today to speak about our Nation’s Leader MCCONNELL’s Offshore Produc- will also help create good American energy policy, or, frankly, our lack tion and Safety Act, I will continue to jobs for our workers across the coun- thereof. support domestic oil and gas explo- try. Georgians, as well as folks all across ration and production. It is an essen- It is important to remember that America, are shocked every time they tial component of a comprehensive en- government does not create jobs, but pull up to a gas pump, both at the price ergy policy that will enable America to government can create the environ- of gas per gallon and at the jaw-drop- become more energy independent. ment, the legal, tax, and regulatory en- ping cost each time they fill up their As I hear more reports of new oil and vironment that will stimulate private tanks. natural gas deposits found within our investment, and that private invest- With rising food prices and a stag- borders and off America’s shores, I am ment will stimulate the deployment of nant economy, skyrocketing gas prices stunned we are not doing more to en- new technologies, new companies, and, could not come at a worse time. This courage the development of these re- of course, create jobs to help grow and situation illustrates why it is impera- sources. I cannot think of a better sustain our economy. tive for Congress to focus on creating a means of improving our economy by I want to start out by giving you policy to expand and diversify our en- both reducing America’s energy im- some examples close to my home in the ergy sources so the American people ports and encouraging job growth. great State of North Dakota. In North are no longer held hostage by prices at After the oilspill last year, the Dakota, we launched a comprehensive the pump. Obama administration reviewed its energy plan about 10 years ago. At that The necessity of congressional action drilling and permitting process for do- time oil companies had either left the has become all too clear as we watch mestic oil and gas production, and is Williston Basin, which is the energy gas prices climb and unrest spread still in the process of revising it. While patch in our State, or they were leav- throughout the Middle East, poten- changes clearly needed to be made, the ing. You might ask: Well, why was tially threatening major sources of en- Department of the Interior continues that? First, it was because they were ergy we import. to hold up and unnecessarily delay ap- getting better returns elsewhere. The It highlights the fact that we cannot proval of drilling leases and permits. technology was lacking to produce oil afford to keep sending hundreds of bil- Now is not the time to tie up valuable and gas economically from new forma- lions of dollars per year to foreign and much-needed American energy pro- tions in our State. Companies were countries—many of which are not duction in bureaucratic redtape. Sen- going to other places in the world America’s friends—to meet our energy ator MCCONNELL’s bill would actually where they could extract that oil more needs. It poses a threat to our national streamline the permitting process cost effectively. security and further harms our Na- while improving safety. Second, the data on confirmed re- tion’s struggling economy. A responsible energy policy that will serves was also lacking, and the tech- This week we are considering two make gas prices reasonable, lessen our nology to produce oil from shale was pieces of legislation that both deal dependence on foreign oil, and not sufficiently developed. with domestic production of oil and strengthen our economy will also re- Third, our workforce was aging. gas: the Reid proposal that aimed to sult in increased domestic energy pro- And, fourth, transportation con- stifle it, and one introduced by Leader duction, improved energy efficiency straints limited production. In other

VerDate Mar 15 2010 23:44 May 18, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.027 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3082 CONGRESSIONAL RECORD — SENATE May 18, 2011 words, there were better places for pact. Increased North Dakota oil pro- years. But, frankly, we can no longer those companies to go, better places duction is also helping to reduce our wait for that single sweeping master than our State, to invest their dollars, dependence on foreign imports, and in- plan that will do it all at once. to get a return for shareholders. crease the domestic supply of oil in Again referring to my home State, To turn that around, we worked very this country. we built Empower North Dakota over a hard to build a climate for investment As I mentioned in my remarks last decade piece by piece, and saw first- and growth. I wish to tell you about week, between 1985 and 2005, domestic hand the power of energy development some of what we worked to put in oil production in this country was in our State. The bill before us today is place. First, we put tax incentives in going down—it was shrinking—and for- one piece, a piece that can become part place that made it worthwhile to in- eign imports were growing. In 2005, we of a comprehensive national energy vest. Second, we established an oil and were importing 12.4 billion barrels of plan. gas research fund. Third, we initiated oil a day into this country, 60 percent To build a comprehensive plan we studies of the Bakken formation, not of what we consumed. need other legislation as well, other only through the North Dakota Geo- By 2010, however, our imports had legislation such as the Boutique Fuel logical Survey, but also through the fallen to 9.4 million barrels a day, a re- Reduction Act of 2011, which would U.S. Geological Survey. We asked for duction of about 3 million barrels a day simplify our Nation’s fuel standards updates to those studies now as well. over 2005. So over the last 5 years, we and make more fuel available to Amer- We improved infrastructure, includ- have actually reduced our daily im- ican consumers. My esteemed col- ing four-laning some of our major high- ports of oil into this country by 3 mil- league, Senator ROY BLUNT from Mis- ways. We established a pipeline author- lion barrels a day. souri, was on the floor a few minutes ity to expand transportation capacity, Our dependence on foreign oil has ago talking about that piece of legisla- to move product out of the Williston been reduced from 60 percent down to tion, and also legislation such as the Basin to market, and we also estab- about 49 percent. So what changed? Regulatory Responsibility for our lished a center of excellence for petro- Well, in part, we are using less. But the Economy Act, which would actually leum safety and technology at fact is, we have increased domestic pro- work with a directive from President Williston State College, to train work- duction. We have increased our domes- Obama to review and remove outmoded ers in oil production and recovery tic supply. Increased supplies from on- or excessively burdensome rules that methods. shore production in the lower 48 States may be impeding economic develop- Up until that time, we had to send such as North Dakota, also from nat- ment and job growth across our coun- our workers to States such as Colorado ural gas liquids throughout the coun- try. or Wyoming or maybe Oklahoma for try, and from offshore drilling, have all We need to work in a bipartisan way, that education and training in oil field raised domestic output by 1.5 million because high gas prices, high unem- technologies, and sometimes they did barrels a day in this country. ployment, and low economic growth not always come back to our State. So That is what today’s vote on S. 953 is are not a Republican or a Democratic we established that training there at all about. The bill before us, which was issue, they are an American issue. That home. introduced by Senator MCCONNELL— is why we also need legislation such as As a result of our advanced business and I am pleased to be one of his co- the EPA Fair Play Act, which will pre- environment, we drew investment cap- sponsors, is about more offshore do- vent the Environmental Protection ital technology and ingenuity to the mestic production, more offshore do- Agency from rescinding previously ap- Williston Basin, and those efforts un- mestic production from off our coasts, proved 404 permits. I am pleased to be locked the potential not only of the and, hence, more domestic supply. cosponsoring that legislation with my Like our approach in North Dakota, Bakken formation but also the Three colleague, Senator JOE MANCHIN from Forms formation. onshore production, S. 953, the Offshore West Virginia. Collectively, all of these This year, North Dakota will produce Production and Safety Act will encour- pieces of legislation and more are the more than 120 million barrels of oil, the age more domestic production with bricks and mortar out of which we can fourth most amongst all 50 States. We better environmental stewardship. It build a comprehensive national energy passed other States now such as Okla- will open areas in the Gulf of Mexico, policy. But we need to get going, and homa and Louisiana, and our produc- in Alaska’s Outer Continental Shelf, we need to get going today. Let’s get tion continues to grow. What is more, and parts of coastal Virginia to new ex- going with S. 953, and let’s build a the private investment that funded and ploration and production. At the same brighter energy future for ourselves deployed those new technologies to time, it will help to expedite the ap- and for future generations. produce more oil most cost effectively proval or denial of growing permits to I suggest the absence of a quorum. and more dependably also funded the a reasonable period of time—in this The PRESIDING OFFICER. The development and deployment of new case 60 days—thereby allowing projects clerk will call the roll. technologies that helped us produce to move forward in a timely fashion. The assistant legislative clerk pro- that oil and gas in more environ- But it does not just speed up the ceeded to call the roll. mentally sound ways. clock. This bill is also about safety. It New technologies such as directional requires companies drilling offshore to Mr. COONS. Mr. President, I ask drilling, and the way we do hydraulic have safety plans that must be cer- unanimous consent that the order for fracking, enabled companies to recover tified by the Secretary of Interior. To the quorum call be rescinded. as much or more oil from one well bore further improve safety, it also requires The PRESIDING OFFICER. Without than they had formerly recovered from ongoing preview and research into spill objection, it is so ordered. up to a dozen well bores. That means prevention procedures and methods. Mr. COONS. Mr. President, I ask more domestic production, less envi- This legislation, the Offshore Produc- unanimous consent to speak as in ronmental impact, and better results tion and Safety Act, is the kind of en- morning business. for the American people. ergy policy that will help to attract in- The PRESIDING OFFICER. Without Bear in mind that most of these vestment and increase production in objection, it is so ordered. measures I am talking about, most of this country. That means not only GOODWIN LIU NOMINATION these measures we implemented to en- more supply to help bring down the Mr. COONS. Mr. President, I rise hance our business climate, were not cost of gasoline at the pump for Amer- today to support Goodwin Liu’s nomi- about government spending. They were ican families, but it also means more nation to the United States Court of about creating an environment that at- jobs for American workers. It is a good Appeals for the Ninth Circuit. Years tracted private investment. piece of legislation and we ought to ago, in the early 1990s when I was Increased economic growth not only pass it. working for the national I Have a generated revenues for our State and Although it is a step in the right di- Dream Foundation, I first crossed broadened our economic base but also rection, no single piece of legislation paths with Goodwin Liu, who was then actually enabled us to reduce taxes for will do it all. Congress has not passed a senior program officer with the Cor- our citizens. It also has a national im- a comprehensive energy policy in poration for National Service. An issue

VerDate Mar 15 2010 23:44 May 18, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.029 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3083 had arisen with regard to the corpora- Court. Goodwin Liu will obey the law. would pass muster under the California tion’s support of one of our founda- We can and should ask no more. constitution. This is a concrete exam- tion’s programs. We were running an If we take a step back from the par- ple, from before his nomination to pub- AmeriCorps program. Mr. Liu very tisan rhetoric, I think we can find lic office, that Professor Liu is capable quickly distinguished himself through broad agreement across the aisle that a and willing to set aside personal pref- his competence and obvious commit- judicial candidate ought to be evalu- erences and views when called upon to ment to education and national serv- ated according to his legal ability and render a legal judgement. ice. In fact, my interactions with him experience, his standing within the I also examined Professor Liu’s were so positive and memorable that 18 legal profession, his integrity, and his scholarship on the topics of education years later, when I had joined this body temperament. Professor Liu rates ex- and welfare, to which his opponents and heard of his nomination, I imme- traordinarily highly in all of these claim he would create a constitutional diately remembered him and was anx- areas. right if confirmed to the bench. I would ious to find out what he had been up to Professor Liu’s academic and profes- be concerned if these charges have in the intervening years. sional qualifications demonstrate that merit, but they do not. Rather, they re- The opportunity to reconnect with he is a lawyer of the utmost ability flect a distortion of what he has actu- Goodwin Liu as part of his confirma- with a broad range of experience. He ally written. Professor Liu has repeat- tion process has turned out to be one of was a Rhodes scholar and holds a law edly clarified his unexceptional belief the real pleasures of this job. It is read- degree from Yale University, where he that Congress, and not the courts, have ily apparent to me, as well as to so was editor of the Yale Law Journal. He the power to create new fundamental many Senators on both sides of the went on to clerk for one of the great rights through amendment to our Con- aisle who have had the opportunity to intellects on the DC Circuit, Judge stitution. meet with him, to question him, and David Tatel. After that, he clerked for An objective review of Professor get to know him better, that Professor Justice Ginsburg on the U.S. Supreme Liu’s qualifications, temperament, and Goodwin Liu is a good, decent, bright, Court. Since that time, he has worked intellect lead to the conclusion that he and engaging man. in private practice and earned a is an outstanding nominee and should His career, in my view, is marked by tenured professorship at the University be confirmed to the bench. Former a profound commitment to service, of California, Berkeley School of Law. Representative Tom Campbell, a five- from his time working at the Corpora- At Berkeley, he has been a prolific term Republican Member of the House, tion for National Service, the organiza- scholar of exceptionally high regard. agrees. In urging his swift confirma- tion of our Federal Government that In addition to a sterling resume, Pro- tion, Representative Campbell specifi- supports VISTA and AmeriCorps, and fessor Liu enjoys the highest esteem of cally praised Professor Liu’s reputa- all sorts of different commitments to his colleagues. Noted conservative tion for, quote ‘‘integrity, fair-minded- national service across our country, to scholar John Yoo has spoken out in ness, and collegiality.’’ his later work as a clinical and summer support of his nomination, as has Ken- I call upon all of my colleagues to associate while in law school, to his neth Starr. He is the recipient of the take a fresh look at Professor Liu and work for the Department of Education University of California’s highest to come to their own conclusions about as a young attorney, to his service as a teaching award. Clint Bolick, director him. In my opinion, Professor Liu is a judicial clerk, and then his scholarship of the Goldwater Institute, has said dedicated public servant who has un- in support of opportunities for all that Professor Liu’s writings ‘‘exhibit dergone intense scrutiny over the past Americans. fresh, independent thinking and intel- 15 months at great personal sacrifice. Professor Liu has been guided by a lectual honesty.’’ This high opinion of Too often, it is easy to lose sight of the desire to leave the world a better place Professor Liu is broadly shared. In giv- fact that judicial and executive nomi- than he found it. Despite these many ing Professor Liu its highest rating of nees are also people, with families, ca- positive personal qualities to rec- ‘‘Unanimously Well Qualified,’’ the reers, and other responsibilities in ommend him, it is, perhaps, something American Bar Association interviewed their lives. The confirmation process of an understatement to say that Good- scores of attorneys and judges who can exact a steep cost and, as a result, win Liu’s has been controversial. have worked with Professor Liu and, many qualified and decent individuals First nominated in February of 2010, evidently, found that his reputation is either withdraw or decline to submit to and then after a searching and difficult one of impartiality, integrity, and it in the first place. nomination hearing, and a vote here, a great ability. For nominees to our cir- Professor Liu is an exceptional nomi- renomination in January of this year, cuit courts of appeal, we could ask no nee to the Circuit Court. He has borne a second confirmation hearing in front less. the challenges of confirmation with of the Judiciary Committee, in which I Professor Liu’s activity as a noted grace and dignity, as is in keeping with was able to participate, we now stand legal and policy scholar is, in my view, his character and dedication to public on the verge of a cloture vote required being used unfairly to impugn his judi- service. In voting on the petition to in- for us to even get to the consideration cial temperament. In meeting with voke cloture, I ask my colleagues to of his nomination. Professor Liu, he explained to me that consider the content of Professor Liu’s Professor Liu is a prolific scholar, he understands and respects the dif- character. Listen to those who know who has written on a number of topics ference between scholarship and juris- him above the interest groups who relating to educational rights and pub- prudence. Academics explore the con- have sensationalized his nomination. I lic schooling, among others. tours and limits of the law, often advo- ask them to consider his bipartisan When I heard the attacks against cating for policy outcomes. Judges, on support from those who work with him Professor Liu, I was shocked, but con- the other hand, apply legal precedent and those who know him best. cerned. The charges that are being lev- to come to the conclusion that the law I know Goodwin Liu. I trust him and eled against Professor Liu—that he is a compels, without prejudice or a policy know he will make a fine judge. I urge radical who would use the bench to en- agenda. my colleagues to support his confirma- gage in judicial activism—are serious. When Professor Liu has been asked tion. So I took it upon myself to meet with to apply the law, as would a judge, any Mr. President, I yield the floor. Professor Liu, to review his record, and criticism that he allows policy pref- The PRESIDING OFFICER. The Sen- to come to my own conclusions. erences to cloud his judgment does not ator from Texas is recognized. I can say with certainty that Pro- pass muster. As an example, though Mrs. HUTCHISON. Mr. President, I fessor Liu will be a first-rate judge in Professor Liu has said that his per- rise to speak in favor of Senator the finest traditions of the legal profes- sonal views are that individuals should MCCONNELL’s production bill. The bill sion. Professor Liu knows the dif- be treated equally, regardless of sexual might be too much for some, too little ference between lecturing and judging. orientation. Even so, he testified before for some, and maybe it is not perfect, He knows that the role of a judge is not the California State Senate in 2008 that but we must take a step in the direc- to advocate but to follow the Constitu- California’s controversial Proposition tion of adding production of our Na- tion and the precedents of the Supreme 8, which banned same-sex marriages, tion’s natural resources if we are going

VerDate Mar 15 2010 23:44 May 18, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.030 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3084 CONGRESSIONAL RECORD — SENATE May 18, 2011 to bring down the cost of gasoline, barrels a day, it’s carrying only one-third of Senator LANDRIEU and I believe every bring down the cost of fuel, bring down its capacity. leaseholder—even if their lease does the cost of all the elements we have So we hear what the President is say- not run out this year—should have the that are providing for our electricity, ing, but his own agencies are going in full opportunity for their lease explo- natural gas, and other forms of energy. the opposite direction. ration capabilities in order to make it I hope we can pass Senator MCCON- Here is another example: We are ap- fair for the price they have paid in the NELL’s bill. Oil is, today, slightly under proaching June. The Department of the open bidding process for those leases. $100 per barrel, and with the summer Interior has not conducted an offshore The President has said he approves driving season approaching, we know lease sale in the Gulf of Mexico. Lease the extension of some leases. We agree. the price could go up. It is graduation sales usually occur twice a year. If a Why not all of them? They have been season and people are driving to their lease sale doesn’t occur by the end of paid for. In many instances, the compa- the year, 2011 would be the first year graduation ceremonies, and they are nies are still paying the employees, since 1958 which we have not conducted having to pay these enormous prices at even though the employees are not able the pump. It is over $4 in many places. an offshore lease sale. Because of the President’s morato- to do the work. This year alone, over I recently read a story about a con- rium and lack of permitting in the Gulf 350 leases will expire and many of them stituent who was going to College Sta- of Mexico, offshore energy production are in moratorium. tion for a Texas A&M graduation, and is expected to decrease by 13 percent in The bill before us would help those he complained, rightfully, that he had 2011. Senator MCCONNELL’s bill address- people to use the next year for deter- a diesel truck and it cost him $74.41 to es the need for increased domestic pro- mining if it is worth drilling for more get his truck half full. That is a lot for duction by reinstating the oil and gas of the oil on the leases they have pur- a half tank of fuel. I think we can do leases in the Gulf of Mexico, Alaska, chased. something about it. and the Atlantic, which President I think it is very important that we Over the past 2 years, the Obama ad- Obama canceled. pass this legislation that we will vote ministration has put up barriers to in- This legislation also tackles the per- on very shortly today if we are serious creasing our domestic energy poten- mitting delays companies in the gulf about increasing the production of our tial. We must stop that policy and go have experienced. Since October, the own natural resources for the benefit of in the other direction and open our Department of the Interior has only our people. It seems to me we need to natural resources and use our natural issued 53 shallow water permits and 14 back up the words of the President resources, so we can bring down the deepwater permits. The monthly ap- with actions that will be positive, cost of fuel and try to help our small proval rate before the moratorium was proactive, and productive in getting businesses and families by providing approximately 10 shallow water and 8 the price of gasoline down at the pump. opportunities to lower fuel. deepwater permits. If we can start now, I hope the Presi- The McConnell legislation gets the This legislation eliminates the bu- dent would take some of the steps, for ball rolling. Supporters of the bill reaucratic delays which have burdened instance, to allow Shell, with the in- agree that long-term energy solutions operators and have taken away their vestment it has made, to drill for oil in involve removing the anti-energy bar- ability to raise capital to do the explo- the Arctic Ocean. That is a place where riers to safely produce energy for ration in the Gulf of Mexico. In the there are vast reserves that have not Americans by Americans. On March 30, bill, it says the Department of the In- been tapped. The people of Alaska sup- the President stated that producing terior will approve or reject permit ap- port it. more oil in America can help lower oil plications within 30 days. It doesn’t re- If we would use our natural re- prices, create jobs, and enhance our en- quire approval of every application, but sources, we could put people in Amer- ergy security. But what is happening is it puts a limit of 30 days on the ap- ica to work. We could stop the heavy our regulatory agencies are going in proval process, so people will not be importation of foreign oil, which is the opposite direction. They are stop- hung out, as they have been since last what we depend on now for over 50 per- ping the production of oil and gas in October. They are still paying the cent of our fuel, and certainly we our country. costs, but they cannot explore. So they would like to add to our economy in Let me read excerpts from a FOX are sitting idle. This has caused the this precarious economic time. We can News article, by Dan Springer, in April bankruptcy of at least one company I do it with our own natural resources. of this year: know in Texas, Seahawk Drilling. This I urge my colleagues to vote for the Shell Oil Company has announced it must is not good policy when we are talking, McConnell bill, and maybe then we can scrap efforts to drill for oil this summer in as the President is, about increasing open it for amendments and get started the Arctic Ocean off the northern coast of production in our country and then Alaska. The decision comes following a rul- in doing the right thing for our coun- doing the opposite by enacting pro- try. ing by the EPA’s Environmental Appeals posals that do not make sense, such as Board to withhold critical air permits. . . . Mr. ENZI. Mr. President, I rise today Shell has spent five years and nearly $4 bil- a moratorium in the Gulf of Mexico. On March 9 of this year, Senator to discuss high gas prices and the di- lion on plans to explore for oil in the Beau- rect impact they are having on every fort and Chukchi Seas. The leases alone cost LANDRIEU and I introduced S. 516, the Lease Extension and Security Act, American. Every day, we see the im- $2.2 billion. . . . pact of high gasoline and diesel prices The closest village to where Shell proposed known as the LEASE Act. All this does to drill is Kaktovik, Alaska. It is one of the is simply extend for 1 year the leases on our constituents and their pocket- most remote places in the United States. Ac- that have had a moratorium, but the books. Some wonder if they will be able cording to the latest census, the population people are still paying the costs of to put food on the table when they can- is 245, and nearly all of them are Alaska na- those leases when they have been pro- not afford the gas it takes to get them tives. The village, which is 1 square mile, hibited from using them. The lease- to work. Others see skyrocketing food sits right along the shores of the Beaufort prices caused by the increased fuel Sea, 70 miles away from the proposed off- holder continues to pay the Treasury for all expenses associated with main- costs and wonder if they can afford a shore drill site. healthy meal for their children. Others The EPA’s appeals board ruled that Shell taining a lease, but they have been pro- had not taken into consideration emissions hibited from exploring the lands the wonder if they can take a vacation or from an ice-breaking vessel when calculating lease is on. cool their houses this coming summer. overall greenhouse gas emissions from the It is very important that we pass this Today, gas prices hover around $4 per project. . . . legislation. In the bill before us, the gallon. According to a recent USA At stake is an estimated 27 billion barrels McConnell bill, we have a variation of Today/Gallup poll, nearly 7 in 10 Amer- of oil. That’s how much the U.S. Geological the LEASE Act. It extends the leases icans say that the cost of fuel is caus- Survey believes is in the U.S. portion of the ing a financial hardship for their fami- Arctic Ocean. For perspective, that rep- for those that are going to come to an resents two and a half times more oil than end at the end of this year. If they lies. That same poll suggested that 21 has flowed down the Trans Alaska Pipeline come to an end at the end of this year, percent of Americans say the impact of throughout its 30-year history. The pipeline they will get a 1-year lease. That is a high gasoline prices is so dramatic that is getting dangerously low on oil. At 660,000 right step in the right direction. their standard of living is jeopardized.

VerDate Mar 15 2010 23:44 May 18, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.031 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3085 This is a serious problem and it needs be asking these same questions 10 create American jobs and will increase immediate action. Unfortunately, rath- years from now. And, it might not take revenues to the Federal Treasury at a er than taking action to address the 10 years for oil to come online if agen- time when we see record deficits. problem, I am concerned that Congress cies are not delayed from issuing per- For too long, we have talked about will once again punt on doing what we mits by frivolous lawsuits. The 2006 the need to have a comprehensive en- need to do to bring prices down now. highway bill included a provision that ergy policy. We have talked about the To bring prices down, we need to ad- prohibited lawsuits from being filed need to decrease our dependence on for- dress the fact that the United States more than 180 days after publication of eign energy sources. It is time for us to imports too much oil from foreign na- the final permit in the Federal Reg- stop talking and to act. The upcoming tions. We need to increase supply at ister. Such a provision should be in- vote on S. 953, the Offshore Production the same time we work to reduce de- cluded in future legislative efforts to and Safety Act, is our first opportunity mand. move forward with American energy to act, and I hope my colleagues will There are two approaches that have development in a timely manner. With join me in working to lower gas prices been considered in recent weeks. My high oil prices, we have an opportunity by passing this measure. Republican colleagues and I have of- to act today and we should not let this ∑ Mr. BAUCUS. Mr. President, I under- fered legislation that will increase pro- opportunity pass without action. stand the wealth and opportunity rep- duction in the Gulf of Mexico. It will In addition to lowering gasoline resented by our Federal offshore petro- allow for the development of more prices, we have the ability to increase leum and natural gas resources. We are American energy, which will decrease revenues to the Federal Treasury today blessed in this country with an abun- the amount of oil we import. With un- without raising taxes in a punitive dant public estate. Montana, too, is rest in the Middle East, it will start manner on one industry. By passing abundant with natural resources and the process of giving America a more legislation that allows for more domes- relies heavily on these resources for stable source of domestic energy, and tic production, we will increase reve- jobs and economic stability. I support it will create American jobs at a time nues to the Federal Treasury at the efforts to develop these resources with when the unemployment rate is 9 per- same time it creates good paying commonsense safeguards that reduce cent. Our bill looks at the problem—an American jobs. In 2008 and 2009, the oil our exposure to volatile foreign energy unstable supply of energy—and pro- and gas industry paid over $30 billion resources. I have supported onshore vides a solution that will make our in rents, royalties, and fees. The indus- and offshore drilling in the past, and country more energy independent try is estimated to generate approxi- will continue to do so long as it is done today. mately $100 million in revenue each responsibly.∑ The other approach being considered day this year to the Federal Govern- Mr. President, I yield the floor. is that of my Democratic colleagues. ment. This amount will only increase The PRESIDING OFFICER. The Sen- Their bill, which failed to move for- as we allow for the production of more ator from West Virginia. ward yesterday, sought to increase domestic energy. taxes on five companies in the oil in- With Americans hurting, we need to Mr. MANCHIN. Mr. President, I rise dustry. Whether or not those tax bene- do something—anything to reduce gas- this afternoon to address the Offshore fits should exist is worth debating in oline prices. But, instead of working on Production and Safety Act. It is legis- the context of overall corporate tax re- solutions for one of the single most im- lation that attempts to address the form, but that is not what we are de- portant issues confronting the Amer- regulation and the critical need to drill bating today. We all know that their ican people, my colleagues in the ma- for oil in this country. approach to energy policy won’t do jority loudly sings campaign rhetoric Let me tell you, I understand the anything to improve the current situa- chorus and verse. They say, ‘‘let’s pun- frustration from my colleagues who are tion. In fact, their legislation might ish big oil for making big profits’’ and upset about the bureaucratic agencies make matters worse by leading to less ‘‘let’s not allow these energy compa- that really do not understand the ur- domestic production and a larger in- nies to dupe us when Americans are gent need to review permits in a timely crease in gasoline prices. paying record high prices.’’ What they and responsible manner. Mining in The contrast couldn’t be greater. Re- do not say is that their approach will West Virginia has long been a direct publicans have put forth thoughtful do nothing to help the situation and target of the EPA and these unfair reg- legislation that will begin to address will likely make the situation worse. ulatory practices they have practiced the problem and help lower gasoline They do not admit that their proposal for far too long. For example, in May of prices. Democrats have put forth puni- is good politics, but bad policy. This is 2009, the EPA had a permit backlog of tive legislation that might make some not the way we should legislate when 235 applications. Two-thirds of them feel good now because it punishes ‘‘Big Americans cannot afford to fill up their were already deemed complete for final Oil,’’ but ultimately it will not do any- tanks. We need to do something about processing by the Army Corps of Engi- thing to lower gas prices. Republicans energy and we need to do it now. neers. Clearly, there is a problem. The support legislation that will create Like most of my colleagues, I sup- question is, Is this legislation the right American jobs. Democrats support leg- port developing more alternative en- solution? islation that will drive American jobs ergy. I support the use of wind energy The truth is, I would love to sink my overseas. and the development of better solar en- teeth in and vote for this measure, but Some suggest that our bill will not ergy technologies. Wyoming is the per- I simply cannot. I do not believe this do anything to lower prices because it fect place for much of that develop- legislation strikes the right common- will take too long to implement to ment to happen. While we need to de- sense balance among our energy de- have a real effect. That is the same ar- velop these technologies for the long mands, responsible regulation, our gument I have heard since I came to term, we need of the energy we can get economy, and the environment. In fact, the Senate over 14 years ago. Oppo- today. We need more American oil the unintended consequence of this leg- nents of domestic production always from American soil. We need more do- islation is that it could make regu- say that it will not do anything to mestic natural gas. We need more nu- latory agencies more powerful and lower prices today. If we had taken ac- clear energy and we definitely need more Draconian—a fact that would ac- tion to open up areas like the Arctic more clean coal. tually hurt the drilling, the energy National Wildlife Refuge when I came Republicans stand ready to have a se- independence we could gain, and the to the Senate in 1997, we would be pro- rious debate about our country’s en- businesses’ and our need to achieve en- ducing approximately 1 million more ergy policy. We have offered a proposal ergy independence. barrels of domestic oil today. If we had that looks at the supply and demand Quite simply, if we place a fixed 30- stopped efforts to lock up the gulf challenges we face and addresses them day deadline on these permits with two coast 10 years ago as many Republicans head on. Republicans stand ready to 15-day extensions, I believe we would suggested, we might not be having this pass legislation that will lower gaso- see more permits denied than we would conversation today. And, if we do not line prices and will increase domestic see processed. How does this make do anything today, Senators will still production. Those actions will, in turn, sense? It would create a perverse effect

VerDate Mar 15 2010 23:46 May 18, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.033 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3086 CONGRESSIONAL RECORD — SENATE May 18, 2011 that could encourage government bu- Hutchison Lugar Risch tory. Mr. Strauss-Kahn has forfeited Inhofe McCain Roberts reaucrats to stop any and all permits, Isakson McConnell Rubio our confidence and should resign or be and that would be a terrible outcome. Johanns Moran Sessions fired from his position at the IMF. The fact is, neither the legislation we Johnson (WI) Murkowski Thune Over the last 2 years, the IMF pre- will vote on today nor the legislation Kirk Paul Toomey sided over the European debt crisis, Kyl Portman Wicker we voted on yesterday addresses the which included controversial bailouts bigger issue that our Nation must de- NAYS—57 of Greece, Ireland and Portugal. I re- clare its independence from foreign oil. Akaka Harkin Nelson (FL) main especially concerned about the We can only do that by developing a Begich Inouye Pryor U.S. taxpayer share of funding these Bennet Johnson (SD) Reed true national plan for energy independ- Bingaman Kerry Reid European bailouts and American tax- ence. Blumenthal Klobuchar Rockefeller payers’ exposure to new sovereign I have come to this floor many times Boxer Kohl Sanders risks. While I have questions about the Brown (OH) Landrieu Schumer actions taken by the IMF to handle the to urge my Republican and Democratic Cantwell Lautenberg Shaheen colleagues to work with me to put to- Cardin Leahy Shelby debt crisis, the institution’s role in our gether an energy plan that works for Carper Lee Snowe global financial system requires strong all of America. In fact, just last week, Casey Levin Stabenow leadership. Conrad Lieberman Tester I came here to address the importance Coons Manchin Udall (CO) The IMF’s Deputy Managing Direc- of expanded domestic drilling. I truly DeMint McCaskill Udall (NM) tor, John Lipsky, should assume full believe this Nation needs to develop all Durbin Menendez Vitter responsibility of the IMF and the proc- Feinstein Merkley Warner ess to determine a permanent replace- of our domestic resources, whether it is Franken Mikulski Webb drilling for oil or natural gas, mining Gillibrand Murray Whitehouse ment should commence at once. I en- coal, producing wind and solar, devel- Hagan Nelson (NE) Wyden courage U.S. Executive Director of the oping better nuclear, biomass, or geo- NOT VOTING—1 IMF, Meg Lundsager, to strongly advo- cate for Mr. Strauss-Kahn’s resignation thermal so that we can declare our en- Baucus ergy independence within a generation. or termination and aid in the search But in developing and pursuing a na- The PRESIDING OFFICER. On this for a more worthy replacement. tional energy plan, we cannot lose vote, the yeas are 42, the nays are 57. The PRESIDING OFFICER. The Sen- sight of our commonsense values and Under a previous order requiring 60 ator from Ohio. our priorities. votes for the adoption of this motion, TRADE ADJUSTMENT ASSISTANCE This bill falls short of those common- the motion is withdrawn. Mr. BROWN of Ohio. Mr. President, I sense priorities, but I assure my col- The majority leader. appreciate the courtesy of the senior leagues that I will work with any Sen- f Senator from Virginia who is about to ator from either party who will try to EXECUTIVE SESSION speak. I will be brief. create a national energy policy that I wish to applaud the President today will truly help the Nation achieve en- on his comments and the administra- ergy independence. NOMINATION OF GOODWIN LIU TO tion’s comments, especially the com- I thank all of my colleagues, and I BE UNITED STATES CIRCUIT ments of Trade Ambassador Kirk and hope we will be able to work together JUDGE FOR THE NINTH CIRCUIT Gene Sperling, the President’s top eco- to move this Nation forward for true nomic adviser. They have made it clear Mr. REID. I ask unanimous consent they will not submit the three free energy independence. that the Senate proceed to executive Mr. President, I yield the floor, and I trade agreements—one with Colombia, session to consider Calendar No. 80, the one with Panama, and one with South suggest the absence of a quorum. nomination of Goodwin Liu, of Cali- The PRESIDING OFFICER. The Korea—until legislation has come to fornia, to be U.S. Circuit Judge for the their desks to take care of the issue of clerk will call the roll. Ninth Circuit; further, that on Thurs- The assistant bill clerk proceeded to trade adjustment assistance. day, May 19, following morning busi- This Congress, because of some objec- call the roll. ness, the Senate resume consideration tions on the other side of the aisle, al- Mr. ROCKEFELLER. Mr. President, I of the nomination and the time until 2 lowed the trade adjustment assistance ask unanimous consent that the order p.m. be equally divided in the usual language to expire in February. That for the quorum call be rescinded. form prior to a cloture vote on the simply means many workers who lost The PRESIDING OFFICER. Without nomination as under the previous their jobs because of free trade agree- objection, it is so ordered. order. ments, or lost their jobs because of Mr. ROCKEFELLER. Mr. President, I The PRESIDING OFFICER. Is there trade—not necessarily the countries we ask for the yeas and nays. objection? Without objection, it is so had trade agreements with—were going The PRESIDING OFFICER. Is there a ordered. to get some assistance so they could, in sufficient second? The clerk will report. fact, be retrained so they could go back There appears to be a sufficient sec- The legislative clerk read the nomi- to work. Losing their jobs had every- ond. nation of Goodwin Liu, of California, to thing to do with what happens in other The question is on agreeing to the be United States Circuit Judge for the ways but has nothing to do with their motion. Ninth Circuit. job performance or even their com- The clerk will call the roll. The PRESIDING OFFICER. The Sen- pany’s job performance. The bill clerk called the roll. ator from Illinois. The President made the right deci- Mr. DURBIN. I announce that the Mr. KIRK. Mr. President, I ask unan- sion by saying we are not going to Senator from Montana (Mr. BAUCUS) is imous consent to speak as in morning move forward with these free trade necessarily absent. business for 2 minutes. agreements. I don’t much like them, The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Without but that is not the point. We are not any other Senators in the Chamber de- objection, it is so ordered. The Senator going to move forward until we have siring to vote? is recognized. helped these workers find jobs. The result was announced—yeas 42, CALLING FOR THE RESIGNATION OF DOMINIQUE Second, we are going to make sure, nays 57, as follows: STRAUSS-KAHN as Senator CASEY and I have said on [Rollcall Vote No. 73 Leg.] Mr. KIRK. Mr. President, I rise today the floor before, that the health cov- YEAS—42 to call for the resignation of Mr. erage tax credit is also renewed. That Alexander Chambliss Crapo Dominique Strauss-Kahn, head of the matters, to be able to continue the Ayotte Coats Enzi International Monetary Fund. The health coverage of many workers. Barrasso Coburn Graham criminal allegations against Mr. And, third, that the work of Senator Blunt Cochran Grassley Strauss-Kahn are alarming and under- WYDEN, Senator STABENOW, and Sen- Boozman Collins Hatch Brown (MA) Corker Heller mine confidence in the institution at a ator MCCASKILL will continue, to work Burr Cornyn Hoeven critical juncture in our economic his- on trade enforcement in making sure

VerDate Mar 15 2010 23:46 May 18, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.034 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3087 these trade rules and trade laws that real ability to know whether Mr. Liu pany that put up guardrails along high- are in effect will actually be in force so would temporize these views or con- ways. His startup was the money he we can protect American jobs. duct himself in a different manner if he would have used in his fourth year of When we pass these trade agree- were to be given a seat in one of the college and his loan was accomplished ments, they always cost us jobs. It is highest judicial positions in our coun- by using his parents’ retirement pen- about time we take care of workers and try. sions as collateral. He made a bid as a communities that suffer from it. The list is long, and time is short, subcontractor on a highway construc- I thank Senator WEBB, and I yield but I would summarize my concerns tion project in Colorado that was by the floor. through two observations. far the lowest bid, but he lost to a mi- The PRESIDING OFFICER. The Sen- The first involves Professor Liu’s nority-owned company because our ator from Virginia. public comments regarding Supreme own government was paying bonuses to Mr. WEBB. Mr. President, I wish to Court Justice Alito, which I know will contractors who made subcontracts speak today on the pending nomination be repeated by others. Mr. Liu’s view with so-called ‘‘disadvantaged busi- of Professor Goodwin Liu for a seat on was that: nesses,’’ and Mr. Pech happened to be the Ninth Circuit Court of Appeals. Re- Judge Alito’s record envisions an America White. The Supreme Court decided that gretfully, I will be voting against this where police may shoot and kill an unarmed this was wrong and decided in Mr. nomination for reasons I will explain. boy to stop him from running away with a Pech’s favor, although the Civil Rights At the same time, I wish to emphasize stolen purse . . . where a black man may be Commission pointed out 10 years later my profound respect for this institu- sentenced to death by an all-white jury for that the Supreme Court’s decision was killing a white man . . . I humbly submit tion and for my fellow Senators from still not being complied with by Fed- that this is not . . . the America that we as- eral agencies. both parties, and I believe it would be pire to be. wrong to vote against a cloture motion Mr. Liu offered an explanation for his Obviously, I share the view of many comments during his confirmation whose intent is to proceed with debate others that whether one agrees or dis- on the merits of one who has been nom- process, but taken in the context of his agrees with Justice Alito’s view of the other remarks, I find that statement inated to be a judge. I made this point Constitution, this is hardly a fair rep- loudly and clearly when the nomina- unconvincing. resentation of his view of our society. Last July I wrote an article in the tion of one of my Virginia constitu- The second observation is more tell- ents, Barbara Keenan, was filibustered. Wall Street Journal saying that while I ing and it goes to the America we all continue to support the original goal of Philosophical consistency—and my ad- should aspire to be: an America where miration and respect for all the work affirmative action, which was to assist every person, regardless of race, creed, African Americans who still suffer the Chairman LEAHY has been doing in national origin, or personal cir- badges of discrimination and slavery, it order to fill the many vacancies in our cumstances, has the same opportuni- is time for us to recognize that we Federal court system—compel me to ties to succeed to the full extent of harm ourselves any time we cut away vote to proceed with the debate on Mr. their potential. Let me make a point any person or group from the oppor- Liu, but I do not, however, intend to that a lot of people seem uncomfort- tunity to reach their full potential in vote in favor of his confirmation. able with in speeches on this floor. our wonderful and unique society. As I have met with Mr. Liu. I have read That means White people too. Eco- one can imagine, I got a few questions many of his writings and most of the nomic disadvantage is not limited to from some groups about this article, so testimony from his two confirmation one’s race, ethnic background, or time let me answer those questions—and hearings. He is clearly talented and of immigration to America. When it sum up my concerns about Mr. Liu— whatever he ends up doing, he is cer- comes to policies that are designed to with an observation. tain to have a long future in our coun- provide diversity in our society, we do The same day my Wall Street Jour- try. He also has been blessed beyond ourselves an enormous injustice by nal ran, July 23, a Remote Area Med- words by the goodness of our society. turning a blind eye to the wide vari- ical Clinic was held in the open air of Both his parents came to this country ance among White cultures as we dis- the Wise County fairgrounds in the Ap- already as physicians. He attended our cuss greater representation from dif- palachian mountains of southwest Vir- finest universities. He was a Rhodes ferent minority groups. ginia. These clinics bring medical pro- scholar. He is a Yale Law School grad- For all of his emphasis on diversity fessionals into underserved areas where uate, and he has spent almost his en- programs, I do not see anywhere that medical care is hard to find. They are tire career as a talented, if somewhat Mr. Liu understands this vital point. In not that different from what we used to controversial, professor of law. When I fact, one tends to see the opposite. In do out in the impoverished villages of met with Mr. Liu I found him to be per- 2004, Mr. Liu made a speech at an Vietnam when I was a Marine infantry sonable and clearly bright. American Constitution Society Con- officer many years ago. Twelve of my But intellect in and of itself does not ference. In this speech he mentioned: staff members went down to Wise always give a person wisdom, nor does ‘‘The power of the courts to influence County to volunteer. Working in tents, it guarantee good judgment, and the society, . . . the power of legal prin- mobile units, and horse stalls, over root word of judgment is, of course, ciple to ratify inequality.’’ He then these 3 days the RAM clinic took care judge. This is our duty today: to decide went on to comment: of 6,869 patient visits and pulled more whether Professor Liu’s almost com- If we work hard, if we stick to our values, than 4,000 teeth in the open air of the plete lack of practical legal experience, if we build a new moral consensus, then I Wise County fairgrounds. In this part coupled with his history of intem- think someday we will see Millikan, Rod- of Virginia, nearly half the population perate, politically charged statements, riquez, Adarand, be swept into the dustbin of lives below 200 percent of poverty, al- allows us a measure of comfort and history. most a quarter of them have no insur- predictability as to whether he would So we know, first, that Mr. Liu wants ance whatsoever. Age-adjusted mor- be fair and balanced while sitting on to use the courts to influence society tality rates in some counties are as one of the highest courts in the land. and to ratify his view of inequality. much as 70 percent higher than in the Mr. Liu’s temperament and his fre- OK. How does that fit into Adarand rest of Virginia. This Appalachian quently strident political views have being swept into the dustbin of his- mountain region is, of course, predomi- been called into question by many tory? nantly White. Let me emphasize that well-intentioned observers, including What was Adarand about? Well, it these conditions come from cultural my respected colleague, Senator was about Randy Pech, one of five kids issues based on many generations of LINDSEY GRAHAM, who, like myself, born to a welder and a mom, whose hardship and strife and not simply in- voted in favor of both Justices family had lost their farm in Iowa dur- dividual choice. Sotomayor and Kagan. Senator ing the Great Depression. The mom Back there in those mountains, there GRAHAM concluded that Professor Liu then worked as a sales clerk in a de- is no doubt somebody who is thinking seems better fit for a life in politics partment store. Neither of them had that if he could put together a little rather than on the bench. My own con- ever gone to college. Mr. Pech left col- money and maybe get somebody to be- cern is that we in the Senate have no lege after 3 years and started a com- lieve in him, maybe he could start up a

VerDate Mar 15 2010 23:46 May 18, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.039 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3088 CONGRESSIONAL RECORD — SENATE May 18, 2011 construction company just like Randy duction soon. These counties have been ness Act. It is S. 1000, for those who Pech did and compete for government hard hit by the downturn in the econ- would like to check it out. contracts on a completely fair playing omy, and they can use the economic It is a bipartisan bill, a targeted and field, which has always been the gift activity and the jobs that will be cre- achievable piece of legislation that and the miracle of America. I want him ated by this production. would leverage energy efficiency in- to have that opportunity, just as I Earlier this year, I visited an Ohio vestments in a number of areas, includ- want every other American to have it. company that is an example of one of ing the building and industrial sectors And I don’t want a judge on a circuit the industries that is going to benefit but also with the Federal Government. court somewhere telling him that his from this natural gas production. It is It would help consumers and the Fed- own chance for a fair and prosperous V&M Star. It is a company that makes eral Government save money on their future should be swept into the dustbin piping. It is near Youngstown, OH. energy bills and help industry improve of history. They just decided to expand their man- the efficiency of their production proc- I thank the Chair and I yield the ufacturing capability. Why? Because esses. floor. they are looking at Marcellus and Again, this is an example of where we The PRESIDING OFFICER. The Sen- Utica, understanding this is going to should be able to come together as Re- ator from Ohio. create great opportunities for them. publicans and Democrats to get some- Mr. PORTMAN. Mr. President, I ask They are investing in our State. They thing done. There is widespread con- unanimous consent to speak as in are investing in jobs. They are doing it sensus that energy efficiency is the low-hanging fruit, a way to reduce our morning business. because of these finds. We have to be energy use and, again, to make Amer- The PRESIDING OFFICER. Without sure we put out the Federal policies to ica’s economy more competitive. As objection, it is so ordered. promote and encourage the develop- with anything, the devil is in the de- ENERGY POLICY ment of these resources. tails. There will be some Senators who Mr. PORTMAN. Mr. President, over In addition to using natural gas for may disagree with some of the specifics the past couple of days here on the electricity generation and as a feed- in this legislation, but, again, it is the Senate floor we have had a lot of dis- stock for a lot of industries, including type of bill we should be debating on cussion about domestic energy produc- the chemical industry, natural gas the floor of this Senate. With a little tion and there have been a lot of good holds incredible potential as an alter- hard work, I believe it is one we can ul- points made. But, frankly, it is more of native to gas. Today, we are talking timately get enacted into law. a political exercise than something about the need to be less dependent on Instead, again, we have spent the bet- that is going to help the American peo- foreign oil, which happens to be one of ter part of this week debating two ple. the top issues on both sides of the bills; one that, in my view, would have If one listened to the debate, one aisle. Natural gas is a way we can do done more harm than good, by raising might think there is no consensus and that very directly because it can be taxes on certain businesses, while no way forward. I disagree with that. I used particularly in fleets. Today, the doing nothing to increase energy pro- think given our energy challenges, in- equivalent price for a gallon of natural duction or lower gas prices; and an- cluding $4 a gallon gasoline, we need an gas is $1.60. Think about that: as com- other one I supported that I think energy policy that encourages more af- pared to $4 for gasoline, $1.60 for nat- would do a lot of good but we knew did fordable, reliable, and cleaner energy. I ural gas. The infrastructure costs cre- not have the necessary 60 votes to think we can reach a consensus on a ate some challenges, but, again, for move forward and, therefore, we were few areas, and let me raise a couple of fleets, where there is central refueling, not able to make progress this week for them today. it makes all the sense in the world. the American people. The first is natural gas exploration Widespread conversion of our fleets, in- We have all the ingenuity, the know- and development. In my own State of cluding our Nation’s buses, garbage how, and the resources within our own Ohio, we have had exciting new devel- trucks, and utility vehicles, would help borders to be able to have the energy opments over the past several years. reduce demand for gasoline. we need to run our economy and to im- Geologists have known we have big America arguably has the greatest prove our economy and to create jobs. shale formations in the eastern part of energy reserves in the world, depending I hope moving forward we can find the United States for years, but until on which estimate you look at. We agreement on these issues and begin to recently we haven’t had the drilling have to find a way to responsibly tap tap this great American potential. technologies that allowed us to tap these reserves, in a way that we can be- I yield the floor and suggest the ab- into these huge reserves. We now have come less dependent on foreign nations sence of a quorum. that. for energy needs, in a way where we Mr. CARDIN addressed the Chair. In Ohio, we have both the Marcellus will stop sending so much of our wealth The PRESIDING OFFICER. Will the and the Utica shale finds that, unfortu- overseas to pay for foreign imports, Senator withhold his suggestion? Mr. PORTMAN. I will. nately, have not been tapped yet but particularly of crude oil. The PRESIDING OFFICER. The Sen- have tremendous potential. Some of Ohio is still in the throes of an eco- ator from Maryland. the oil and gas reserve estimates asso- nomic downturn. Today, we are at 9 Mr. CARDIN. Thank you very much, ciated with these finds are truly amaz- percent unemployment in Ohio. Under- Mr. President. ing. For the State of Ohio alone, in one employment makes Ohio’s situation I rise in strong support of the nomi- of those formations—Utica—I am told even worse. One way to create jobs and nation of Goodwin Liu to be U.S. Cir- we could yield over 15 trillion cubic to get Ohio back on track is by expand- cuit Judge for the U.S. Circuit Court of feet of natural gas. So this is a great ing, again, the use of our own re- Appeals for the Ninth Circuit. I urge opportunity both to be sure we have sources, including natural gas. There my colleagues to invoke cloture on this the energy we need to power our econ- should be a consensus on this issue. We nomination. omy but also to create jobs that go should be promoting Federal policies I am disappointed we had to file a into energy production. to encourage the exploration and the cloture motion. I hope my colleagues By the way, other States around us, development of these resources, and we would want to vote up or down on this including Pennsylvania, West Virginia, should do it now. nomination, and I hope they would and upstate New York, as an example, Another area where I think you could vote for his confirmation. have even more production potential see some consensus on energy policy in As we begin the debate on the nomi- than Ohio. Already there are some the short term in the Senate is in the nation of Mr. Liu, let me start by tell- Ohio counties, such as Belmont County area of energy conservation and effi- ing my colleagues how thoroughly his and Jefferson County and Columbiana ciency. We should both find more and nomination has been vetted by the Ju- County, that are beginning to explore use less. It is that commitment to use diciary Committee under the leader- some of these finds, and we are very less that led me, last week, to intro- ship of Chairman LEAHY. hopeful that in some of these counties, duce legislation with Senator SHAHEEN President Obama first nominated where there is incredibly high unem- from New Hampshire called the Energy Goodwin Liu for this position in Feb- ployment, we will be able to begin pro- Savings and Industrial Competitive- ruary of last year. That was over 1 year

VerDate Mar 15 2010 23:46 May 18, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.039 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3089 ago. The Judiciary Committee has held earned his M.A. from Oxford Univer- fully follow the Supreme Court’s instruc- two separate hearings on this nomina- sity. He received his J.D. from Yale tions on matters of constitutional interpre- tion. Mr. Liu’s latest set of questions Law School, where he was an editor of tation, not any particular theory. So that is and answers, for the record, spanned the Yale Law Journal. He then went on exactly what I would do. I would apply the applicable precedents to the facts of each over 130 pages. The Judiciary Com- to clerk for DC Circuit Court Judge case. mittee has favorably reported his nom- David Tatel and Supreme Court Justice Once again, I could not agree with ination on three separate occasions: in Ruth Bader Ginsburg. that statement more. In written re- May of 2010, September of 2010, and Professor Liu has a track record of sponses to Senators’ questions, he also April of 2011. working on public policy issues in pub- stated: So I am disappointed my Republican lic service. He worked for 2 years at the colleagues have refused to allow this Corporation for National Service. He I do not believe it is ever appropriate for judges to indulge their own values or policy nomination to come to a vote without served as a special assistant to the preferences in determining what the Con- the necessity of filing a cloture mo- Deputy Secretary of Education, where stitution and laws mean. tion. As we know, the majority leader he worked on numerous legal and pol- Professor Liu certainly has written a has filed cloture on this nomination. icy issues. number of thought-provoking articles Senators have had ample information Professor Liu has worked in private on controversial public policy issues of on the background, experience and practice. After his clerkships, he served the day, but this should not disqualify qualifications of this nominee and it is as an associate in the Washington, DC, him from being a judge. I am confident time for the Senators to perform their law firm of O’Melveny & Myers, work- Professor Liu understands the dif- constitutional duty to debate the nom- ing on a wide range of business mat- ference between being an advocate and ination and to vote up or down on this ters. About half his practice consisted being a judge and I hope we can draw nominee. of appellate litigation, preparing him that distinction and will respect the I was privileged to serve on the Judi- well to serve on a court of appeals. He difference if he is confirmed and puts ciary Committee in the 111th Congress has also maintained an active pro bono on the judicial robe. and participated in a debate of the practice at that firm, which also tells Specific questions concerning affirm- Goodwin Liu nomination on several oc- me of his commitment to equal justice ative action were asked during his con- casions. I was pleased to cast my vote under the law. firmation hearings. So let me quote in favor of Mr. Liu’s nomination in Professor Liu then went on to his from Professor Liu’s testimony to the committee, and I look forward to sup- current occupation, joining the faculty Judiciary Committee: of the University of California Berke- porting his nomination on the floor. I absolutely do not support racial quotas, When I examine judicial nominations ley School of Law and helping to teach and my writings, I think, have made very that are submitted by the President, I our next generation of lawyers. He clear that I believe they are unconstitu- use several criteria. serves as a professor at the law school, tional. First, I believe judicial nominees was promoted to an associate dean of He then said: must have an appreciation for the Con- the law school, and was elected to the I think affirmative action, as it was origi- stitution and the protections it pro- American Law Institute. nally conceived, was a time-limited remedy vides to each and every American. Professor Liu has received the law for past wrongs, and I think that is the ap- Second, a nominee must embrace a school’s Distinguished Teaching propriate way to understand what affirma- judicial philosophy that reflects main- Award. Professor Liu is considered an tive action is. stream American values, not narrow expert on constitutional law and edu- I think we should take a look at his ideological interests. cation law and policy, with a par- record on this, and I think it is unfair Third, a judicial nominee must re- ticular focus on the needs of America’s to judge him based upon certain spect the role and responsibilities of most disadvantaged students. He is the innuendoes. each branch of government, including a author of numerous law review articles Professor Liu also has broad support healthy respect for the precedents of and the coauthor of an influential book from distinguished legal scholars from the court. on constitutional law interpretation both parties. The former Solicitor Gen- Fourth, I look for nominees with a entitled ‘‘Keeping Faith with the Con- eral and White House prosecutor, Ken strong commitment and passion for the stitution.’’ Starr, praised Professor Liu’s ‘‘strong continued forward progress of civil I heard my colleague talk about intellect, demonstrated independence, rights protections. Goodwin Liu. But I would just urge my and outstanding character’’—qualifica- Finally, I want a judge who has the colleagues not to penalize an indi- tions we all want to see on the court. necessary experience, temperament, vidual because he is active or expresses We want to see intellect, we want to and commitment to public service. his own opinions. We should judge the see independence, and we want to see I wish to share with my colleagues a nominees based upon their qualifica- character. Ken Starr summed that up little background on Mr. Liu, his quali- tions and their commitments to inter- fairly well. fications, and why I intend to support pret the law as required on the court. In a March 19, 2010, letter to the Sen- his nomination. Professor Liu answered numerous ate Judiciary Committee, Mr. Starr Goodwin Liu, in many ways, em- questions about his approach to con- joined with another professor, stating: bodies the American dream. He is the stitutional interpretation during his Goodwin is a person of great intellect, ac- son of immigrants to this country. His two confirmation hearings. He testi- complishment, and integrity, and he is ex- parents were doctors who came to the fied: ceptionally well qualified to serve on the United States from Taiwan in the late The role of the judge is to be an impartial, court of appeals. . . . What we wish to high- 1960s, when foreign doctors were being objective and neutral arbiter of specific light, beyond his on obvious intellect and legal talents, is his independence and open- recruited to work in underserved areas. cases and controversies that come before him or her, and the way that process works ness to diverse viewpoints, as well as his Goodwin Liu did not speak English ability to follow the facts and the law to until kindergarten. During high school, is through absolute fidelity to the applicable precedents and the language of the laws, their logical conclusion. . . . Goodwin Liu had the opportunity to statutes, or regulations that are at issue in These are qualities we expect in a judge. serve as a page in the House of Rep- the case. And Goodwin clearly possesses them . . . [A] judge takes an oath to uphold and defend the resentatives, after being sponsored by I do not know who would disagree late Congressman Bob Matsui of Cali- Constitution, and in the case of a circuit with that. That is what many of us judge, fidelity to the law entails adherence fornia, whom I had the privilege of have been calling for on both sides of to Supreme Court precedent and . . . adher- serving with in the House of Represent- the aisle. ence to circuit precedence as well. . . . Good- atives. He has also answered questions about win knows the difference between what the Professor Liu has a sterling academic his ideology as a judge. He testified: law is and what he might wish it to be, and record. He earned his B.S., Phi Beta It would not be my role to bring any par- he is fully capable and unafraid of dis- Kappa, from Stanford University, ticular theory of constitutional interpreta- charging the duty to say what the law is. where he was elected copresident of the tion to the job of an intermediate appellate That is what Ken Starr said about a student body. A Rhodes Scholar, he judge. The duty of a circuit judge is to faith- person he knows very well, Goodwin

VerDate Mar 15 2010 23:46 May 18, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.042 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3090 CONGRESSIONAL RECORD — SENATE May 18, 2011 Liu, and he strongly recommends his Let me repeat that. There is no ac- ticular appellate area, just refer them confirmation to our colleagues. I also tive Asian American judge on the to these quotes. want to discuss the importance of im- Ninth Circuit, which has jurisdiction Professor Liu has sat before the Sen- proving diversity on our courts. If con- over an area that is home to more than ate Judiciary Committee twice for firmed, Professor Liu would be only the 40 percent of our Nation’s Asian Amer- more than 5 hours—5 hours—answering second Asian American currently serv- ican population. The beauty of our any and all questions posed to him dur- ing on a Federal appeals court, and the great Nation—one of the beauties—is ing the hearing. He has also answered only Asian American in active service our great diversity. America is great numerous written questions from com- in the Ninth Circuit. because we are representatives of so mittee members. He has been voted out The Ninth Circuit is home to over 40 many faiths and so many ethnic back- of the Judiciary Committee three percent of the Asian American popu- grounds. We know all of our institu- times. lation in the United States. Finally, tions, whether it is here in the Senate I just ask the American people, as Professor Liu has received the highest or anywhere, all of our institutions do they tune in to this debate—they may possible judicial rating, ‘‘unanimously better when they have a diversity of not be familiar with the confirmation well qualified’’ from the American Bar views and diversity. Clearly, when process—if they think it is fair for Association’s Standing Committee on someone as brilliant as Goodwin gets someone like Professor Liu—and we the Federal Judiciary. this nomination, we should be so proud will put his picture back up so we per- With this distinguished record and in this body. We should be joining sonalize this—this young man, this recommendations that we have re- hands over party lines. We should be husband, this father, this teacher, to ceived, we have an excellent nominee pleased that our court would have such have to sit for all of those hours, and to serve on the court of appeals. I urge a brilliant member. then to finally be brought to the floor, my colleagues to vote for his confirma- Professor Liu was originally nomi- after the third time we voted it—that tion. nated in February 2010 for a judicial is why I praised Senator LEAHY for I suggest the absence of a quorum. emergency seat, one that has been va- doing this again because sometimes The PRESIDING OFFICER. The there are reasons that we go back and clerk will call the roll. cant since January 2009. So we have The assistant legislative clerk pro- had a judicial emergency, and yet we back and back. There are reasons of ceeded to call the roll. have had a hard time getting this vote fairness and justice and because we do Mrs. BOXER. Mr. President, I ask to the floor. not want to miss an opportunity to put unanimous consent that the order for Chief Justice Roberts called on Sen- someone like Professor Goodwin Liu on the quorum call be rescinded. ators not to play politics with our the bench. The PRESIDING OFFICER. Without nominees. He warned that ‘‘delays in Now, I will tell you, there have been objection, it is so ordered. filling vacancies have created acute 12 months of attacks on Goodwin Liu, Mrs. BOXER. Mr. President, it is my difficulties in some judicial districts.’’ misrepresentations, unfounded distor- privilege, it is my honor, to support Undoubtedly, the Ninth Circuit cer- tions of his record. I want the Amer- Goodwin Liu, a Californian—and a bril- tainly is one of the jurisdictions that ican people to know this. Politics is liant Californian—who has been nomi- Chief Justice referred to because the tough. I can tell you, running four nated by the President to the U.S. Ninth Circuit is the Nation’s largest times for Senate, it is tough. It is bru- Ninth Circuit Court of Appeals. And and busiest appellate court in the tal. It is ugly. But there is no reason to what a fine nomination this is. I thank country, accounting for over 20 percent turn that venom on a nominee like the President for his belief in Goodwin, of all new appellate cases in the coun- this, and it is offensive to me. and his, I think, amazing perception try, according to court statistics. Through it all, Professor Liu could that this is a young man—and he is Now, I have said—and I heard Sen- have said: You know what, I cannot young, he is about 40. This is a young ator CARDIN, and I thought he just did take this. I do not need this. My kids man who is just exceptional, is a per- a beautiful job of laying out why he is do not need this. My family does not fect example of the American dream, supporting Goodwin Liu. But I also need this. But he showed courage and and someone who has worked so hard heard some other comments that did character and dignity. to put himself into this position where not connect to Goodwin Liu. I heard I was so pleased when President he was nominated for this great honor. comments that just did not fit what Obama nominated Goodwin Liu to I want to show folks a picture of Goodwin Liu has said about his role as serve on the U.S. Ninth Circuit Court Goodwin. He is a very special and tal- a judge. of Appeals because Goodwin Liu is con- ented person. He has had a long strug- So I wanted to put up a couple of the sidered one of the brightest legal schol- gle with this nomination, which we quotes directly from Professor Liu and ars not just in California but in the Na- will talk about. I also wish to thank, of what he said about his role as a judge. tion. He is a respected authority on course, Chairman LEAHY for working He said: constitutional law. hard to bring this nomination to the I think the role of the judge is to be an im- At UC Berkeley’s Boalt Hall School Senate floor, and Senator FEINSTEIN, partial, objective, and neutral arbiter of spe- of law, where he is an associate dean my colleague, for her hard work in the cific cases and controversies that come be- and a professor, he is admired widely committee and her leadership in help- fore him or her. And the way that that proc- for his writings and his devotion to his ing to shepherd this nomination in the ess works is through absolute fidelity to the students. Senate. applicable precedents and the language of To Professor Liu, if you are watching This vote is not only historic, be- the laws, statues, regulations that are at these proceedings, I am proud of you. cause Goodwin will make history—if he issue in the case. To Professor Liu’s wife, Ann, and his gets this vote. This vote is long over- Another statement by Professor Liu I two small children, Violet and Em- due. First, let me talk about why it is wanted to share with you. He said: mett, I say thank you for your pa- historic. It is historic because if we get If I were fortunate enough to be confirmed tience and your unyielding support. the 51 votes we need today, Professor in this process, it would not be my role to You should be so proud of your dad. Liu will be one of only two Asian bring any particular theory of constitutional Let me tell you a little bit about Americans currently serving as a Fed- interpretation to the job of an intermediate Goodwin Liu’s background. He was appellate judge. The duty of a circuit judge eral appellate judge in the United is to faithfully follow the Supreme Court’s born in Augusta, GA, the son of Tai- States. There is currently only one instructions on matters of Constitutional in- wanese immigrants who came to this Asian American among the 160 active terpretation, not any particular theory. And country to practice medicine in under- judges on the Federal Courts of Ap- so that is exactly what I would do, is I would served areas. peals, and there is no active Asian apply the applicable precedents to the facts In 1977, they moved to Sacramento, American judge on the Ninth Circuit, of each case. where his parents were primary care which has jurisdiction over an area It could not be clearer. So if you hear physicians for over 20 years. In Good- that is home to more than 40 percent of any colleague of mine saying some- win, his parents instilled both perse- our Nation’s Asian American popu- thing else about how Professor Liu verance and a strong work ethic, even lation. views the role of a judge in this par- leaving math problems on the kitchen

VerDate Mar 15 2010 23:46 May 18, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.043 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3091 table every day of the summer to sup- Then Liu joined the faculty at UC I wondered if his Republican critics were de- plement his school work. As a high Berkeley’s Boalt Hall School of Law in ploying the same tactics Democrats used to school student, he pulled all-nighters 2003 and quickly established himself as attack Republican nominees. They were. If studying the dictionary to expand his anything, the attacks on Liu have been even an outstanding teacher as well as a more unfair. Based on my own review of his vocabulary and raise his SAT scores. constitutional law and education law record, I believe it is not even a close ques- His hard work paid off, propelling him and policy expert. tion that Liu is an outstanding nominee to Stanford University, where he grad- Think about this. This is a young whose views fall well within the legal main- uated Phi Beta Kappa, and then to Ox- life, with all these experiences, includ- stream. ford University, where he was a Rhodes ing raising a family. That conclusion is shared by leading scholar. In the classroom, Liu is popular and conservatives who are familiar with I say to my colleagues on the other well regarded. His introductory con- Liu’s record. We even have a quote side, who often say it ought to be the stitutional law course is consistently from Clint Bolick of the Goldwater In- results of your life that count, it ought one of the most oversubscribed at stitute, one of the most conservative to be your record that counts, it ought Boalt. They want to hear him. They institutes. They endorsed Liu. This is to be your qualifications that count— want to be in his presence to under- what they said: Stanford University, Phi Beta Kappa, stand how the Constitution works and Because of his fresh, independent thinking Oxford University Rhodes scholar. why this country is so special. In 2009, and intellectual honesty, as well as scholarly Liu’s experience at Stanford and Ox- Liu received UC Berkeley’s Distin- credentials and experience, he will serve ford in student government, as a sum- guished Teaching Award, the univer- with distinction on this important court. mer school teacher for low-income sity’s most prestigious teaching excel- If that is not enough for my Repub- youth, codirecting a K–12 youth edu- lence award, and was selected by that lican friends, I have some more. I have cation conference, and studying philos- year’s graduating class to be com- former Republican Congressman Bob ophy encouraged him to pursue the law mencement speaker. Barr. He offered praise of Professor and public service. In fact, Liu spent Students often remark on Liu’s ef- Liu’s ‘‘commitment to the Constitu- the next 2 years at the Corporation for forts to illustrate the impact of the law tion and to a fair criminal justice sys- National Service helping to launch the on everyday life. As anyone who has tem.’’ Barr also noted that ‘‘[Liu’s] groundbreaking AmeriCorps program. taken his con law class knows, to dem- views are shared by many scholars, He led the agency’s effort to build com- onstrate that principle, Liu uses a wed- lawyers and public officials from across munity service programs at colleges ding photo that shows him and his new the ideological spectrum.’’ and universities throughout the coun- bride, Ann O’Leary, the Irish American Tom Campbell of California, a former try, and he traveled to over 30 States daughter of a social worker and union Republican Congressman—someone to encourage service among students. leader from Orono, ME. The two mar- who actually attempted to run against The spark of public service and the me a couple of times for the Senate— law clearly ignited, Liu then went on ried in Virginia, a State that restricted interracial marriages until the Su- wrote that ‘‘Goodwin will bring schol- to attend Yale Law School. His stellar arly distinction and a strong reputa- record of achievements continued at preme Court invalidated the provision in the landmark 1967 case Loving v. tion for integrity, fair-mindedness, and Yale, where Liu, along with a class- collegiality to the Ninth Circuit.’’ Re- mate, won the prize for the best team Virginia. Berkeley Law School Dean Chris- flecting on Liu’s many years of work in argument in the moot court competi- serving the public interest, Campbell tion. Several of his papers won awards, topher Edley describes Professor Liu this way: also said, ‘‘I am not surprised that and he earned prestigious clerkships on [Liu] has again been called to public Goodwin Liu is an outstanding teacher, a both the court of appeals and the Su- service.’’ preme Court. brilliant scholar, and an exceptional public servant. Yes, he has been called and nomi- What more does anyone want from a nated, but he won’t be able to continue Professor Liu is widely respected and nominee? I can’t even imagine, frank- his extraordinary work unless we get 51 has tremendous support across the ly, even matching this. votes here. I know there is some letter legal spectrum and from both sides of In between the clerkships, Liu again that is circulating that attacks Good- the political aisle. chose public service, working at the win Liu again. I hope my colleagues I want to read what Ken Starr said U.S. Department of Education, helping will read not just what I am saying but about Goodwin Liu. Remember Ken to implement a congressional appro- what leading Republicans are saying Starr, the former Whitewater pros- priation to help turn around low-per- about how talented Goodwin Liu is. ecutor? This is what he said. He wrote forming schools. Former South Caro- Every single thing the man has done lina Governor Richard Riley, who was this with Professor Amar in an op-ed has turned to gold—every single thing Secretary of Education at the time, piece that ran: he has done. He is best at everything called Liu a ‘‘ ‘go-to’ person’’—in his In our view, the traits that should weigh he does. Why would we lose this oppor- words—‘‘for important projects and most heavily in the evaluation of an extraor- tunity for the American people to have complex issues because of Liu’s ability dinarily qualified nominee, such as Goodwin, are professional integrity and the ability to him serve them in this important ca- to see the big picture while also mas- pacity? I ask that rhetorically. I can- tering the details of legal and policy discharge faithfully an abiding duty to fol- low the law. Because Goodwin possesses not imagine why anybody would vote problems.’’ What else do you want in a those qualities to the highest degree, we are no. judge? He has an ‘‘ability to see the big confident that he will serve on the Court of Here is another one. Professor Liu picture while also mastering the de- Appeals not only fairly and competently, but has even drawn praise from Brian tails of legal and policy problems.’’ with great distinction. We support and urge Jones, who served as General Counsel That is a quote from former South his speedy confirmation. at the Department of Education after Carolina Governor Richard Riley. I point out to my Republican friends Liu’s tenure there. This is what Brian After completing his Supreme Court that Ken Starr is one of your heroes. Jones, the General Counsel at the De- clerkship, Liu joined the litigation Come on, listen to what he says about partment of Education, said: practice at O’Melveny & Myers, work- Goodwin Liu. Don’t come to the floor During [2001 abd 2002], and even after he be- ing on a wide range of business matters and say things about Goodwin that came a law professor in 2003, [Goodwin] vol- while maintaining an active pro bono aren’t so. Please come to your senses unteered his time and expertise on several practice. So you have a person who about Goodwin Liu. occasions to help me and my staff sort worked in government, private prac- There is another supporter I want to through legal issues he worked on during the tice, and in education. He earned high previous administration. In those inter- talk about too. This is former Bush ad- actions, Goodwin’s efforts were models of bi- praise from his peers, including Walter ministration counsel, Richard Painter: Dellinger, chair of O’Melveny’s appel- partisan cooperation. He brought useful I have done my share of vetting judicial knowledge and careful lawyerly perspectives late practice, who said Liu was ‘‘widely candidates and fighting the confirmation that helped our administration to achieve its respected in law practice for his superb wars. I didn’t know much about Liu before goals. legal ability, his sound judgment and his nomination, but I became intrigued by But I am convinced, based on his record warm collegiality.’’ the attention the nomination generated, and and my own experiences with him, that he is

VerDate Mar 15 2010 01:59 May 19, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.044 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3092 CONGRESSIONAL RECORD — SENATE May 18, 2011 thoughtful, fair-minded and well qualified to sense of fairness, open-mindedness, and in- itus, wrote to endorse Liu’s nomina- be an appellate judge. tegrity. His intellect and qualifications are tion. They said that Liu ‘‘has epito- I don’t know why the Republicans beyond dispute. Indeed, Professor Liu has mized the goal of Stanford’s founders, filibustered this nomination. I don’t been rated unanimously ‘‘well-qualified’’ by which was to promote the public wel- the American Bar Association. know why they filibustered this. I fare by exercising an influence on be- don’t understand it. They go on: half of humanity and civilization, Let’s look at some of the organiza- It is worth noting that Professor Liu, if teaching the blessings of liberty regu- tions that back Goodwin. Of course, confirmed, would become the only Asian Pa- cific American active appellate court judge lated by law, and inculcating love and those in the Asian American commu- reverence for the great principles of nity are so proud, as they should be in the Ninth Circuit, and only the second Asian Pacific American active appellate government as derived from the in- and as I am, because Goodwin is a Cali- court judge nationwide. Especially given the alienable rights of man to life, liberty fornian by choice. large number of Asian Pacific Americans in and the pursuit of happiness.’’ In an op-ed published just today, California, Hawaii, and other states, covered This eloquence that is coming out of former Secretary Norm Mineta, the by the Ninth Circuit— people’s mouths about Goodwin—hon- first Asian Pacific American member And I said before I think it is 40 per- estly, I have stood here many times, of a President’s Cabinet; that is, the cent of Asian Americans who live in and I have spoken on behalf of many Bush Cabinet, wrote that ‘‘Professor this particular area that the court cov- nominees. I honestly have not had a Liu is an extremely well-qualified ers— situation where the eloquence and pas- nominee who has the intellectual ca- the lack of an Asian Pacific American sion of the supporters has come pacity, experience, temperament and judge in this circuit is striking. We feel that through as it has for this young man. integrity to be an excellent jurist.’’ Mi- Professor Liu would serve our country well He is a blessing, honestly. I feel at this neta went on to warn that ‘‘if Liu is and with distinction. moment we need to back him—all of not confirmed, Asian Pacific Ameri- Professor Liu has drawn law enforce- us—and bring this country together cans may be left with the impression ment support, including the California around someone who epitomizes the that there continues to be a glass ceil- Correctional Peace Officers Associa- American dream. ing blocking Asian Pacific Americans tion, as well as the National Asian I want to speak about, as I wind from top-level leadership positions re- Peace Officers Association, which down, newspapers across the country gardless of their qualifications.’’ noted that Professor Liu has ‘‘earned that weighed in to support Liu’s nomi- Again, Norm Mineta—and anybody the respect of [its] members and the nation. who knows Norm knows what a won- large audience of the law enforcement The Washington Post remarked that: derful human being he is. George W. community.’’ Bush chose Norm Mineta, who is a Mr. Liu has sterling credentials that David Lum, the president of National earned him the highest rating from the Democrat, to be the Secretary of Asian Peace Officers Association, went American Bar Association. And there have Transportation. Norm Mineta says on to compliment Liu as ‘‘a person of been no allegations of impropriety to dis- that because Professor Liu is so quali- integrity, dedication, passion, enthu- qualify him from serving. The brilliant pro- fied and has so much intellectual ca- siasm, and law and order.’’ fessor [they call him], who just turned 40 in pacity, such great experience, such Liu has also received support from October, testified that he would not allow great temperament, and so much integ- the business community, including his academic musings to interfere with the rity, he warns that ‘‘if Liu is not con- from the prominent business execu- duties of a lower-court judge to follow prece- dent. He should be confirmed and given the firmed, Asian Pacific Americans may tives with whom Liu served on the be left with the impression that there opportunity to demonstrate that he can do Stanford University board of trustees. that. continues to be a glass ceiling blocking In a letter of support, Liu’s fellow I was going to ask unanimous con- Asian Pacific Americans from top-level trustees wrote the following: sent because I know Senator TESTER leadership positions regardless of their Across a wide range of complex issues, qualifications.’’ has been waiting for 40 minutes—I ask Goodwin routinely asks thoughtful and inci- the Senator, does he need about 5 or 7 We also have a quote from the Com- sive questions. He is good at thinking inde- mittee of 100, a national nonprofit, pendently and zeroing in on important issues minutes in morning business? nonpartisan membership organization that need attention. Even in a room full of Mr. TESTER. Yes. that addresses issues concerning Sino- highly accomplished leaders, Goodwin is im- Mrs. BOXER. I ask unanimous con- U.S. relations affecting the Chinese pressive. He is insightful, constructive, and a sent that Senator TESTER be able to American community. They wrote that good listener. Moreover, he possesses a re- speak for 7 minutes in morning busi- ‘‘[Liu’s] ascension to the bench would markably even temperament; his demeanor ness before we get to Senator GRASS- is unfailingly respectful and open-minded, LEY; is that acceptable? signal that talented people of all back- never dogmatic or inflexible. Given these grounds are integral to our justice sys- Mr. GRASSLEY. If the Senator is qualities, it was no surprise that he was done, that is OK. tem.’’ asked to chair the board’s Special Com- What we do here matters. It matters mittee on Investment Responsibility after Mrs. BOXER. I am almost done. whom we send to these important posi- serving just one year of his five-year term. The PRESIDING OFFICER (Mrs. HAGAN). Without objection, it is so or- tions. We have someone here who will Again and again, there is a thread dered. break down barriers, but, do you know running through this man’s life at 40. Mrs. BOXER. I am closing in the next what, that would not be enough. He has That is how old he is, 40—40 years old. 2 minutes. to be great, he has to be outstanding, Everything this man has done, this The Sacramento Bee noted that Liu and he is all those things. Yet we are young man has been unbelievably—I would add luster to any court. The Los very nervous about getting 51 votes. want to say unimaginable at his age Angeles Times joined the New York We are very nervous that politics is that he has done all he has done. Times in endorsing his confirmation. being played. We don’t know what is They continue: going to happen at the end of the day. We heard from Professor Liu when I In short, Goodwin’s strengths are exactly opened, and I am going to close by say- That is why I am taking this time, be- what we expect in a judge: objectivity, inde- cause I want my colleagues to know pendence, collegiality— ing this: When we ask people in this country to give back to this Nation that if they cast an ‘‘aye’’ vote, it This is what the Stanford trustees and they step to the plate and they should bring a smile to their faces, and say— want to give their talent to this Nation they should feel good in their hearts respect for differing views, sound judgment. and their minds that they are doing Goodwin possesses these qualities on top of and they are supremely qualified and the right thing. the brilliant legal acumen that is well-estab- they bring with them mainstream Twenty-five prominent Asian-Pacific lished by his professional record and the views, mainstream endorsements, bi- Americans who serve as general coun- judgment of those most familiar with his partisan endorsements from the pro- sel to Fortune 1000 companies and scholarly work. gressive community to Ken Starr, for other large companies wrote: It goes on and on. goodness’ sake, give this man an up-or- Professor Liu has earned praise from con- The President of Stanford Univer- down vote and do not say that you be- servatives and progressives alike for his sity, along with two presidents emer- lieve that judges deserve an up-or-down

VerDate Mar 15 2010 23:46 May 18, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.044 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3093 vote when you are in the majority and Let me say it again. The Federal Today I want to share why a few suddenly say they do not deserve it Government is going to tell these folks businesses in Montana are opposed to now. what price to set on interchange rates, government price fixing. Their stories I hope we will see the 60 votes for clo- and it will not be enough for the little are not uncommon. They are quite or- ture and then the 51 votes for con- guys to be able to compete in the mar- dinary. firmation. I am privileged to have had ketplace. Doris Rocheleau runs Doris’s Day this opportunity to share the story of Let me ask this: How would a big box Care in Great Falls, MT. She has been Professor Goodwin Liu with my col- retailer react if we set the price of T- doing business for nearly 30 years with leagues. shirts below what it cost to make, ship, a community bank. She tells me she is I yield the floor. and market them? You can bet the re- struggling to make ends meet, as many The PRESIDING OFFICER. The Sen- tailers would be up in arms—and right- small businesses are, and paying more ator from Montana. fully so—about the government setting in monthly checking would hurt her Mr. TESTER. Madam President, I prices and telling them how to run very much. think this is appropriate. I ask unani- their business. Also, in Great Falls there is a small mous consent to speak as in morning Some have suggested that the only business owner named Mark Voyles. business. way to have a competitive marketplace Mark owns Y-Not Trucking. His reason The PRESIDING OFFICER. Without is by capping rates. That kind of rea- for supporting my amendment to stop objection, it is so ordered. soning does not make sense to a farmer and study the government limit is be- DEBIT INTERCHANGE FEES like me. When we slant the playing cause he ‘‘doesn’t want to pay more Mr. TESTER. Madam President, I field against small banks, they cannot fees on his money in his bank.’’ thank Senator BOXER and Senator compete with the big guys. If they go Cabela’s is a large retailer, a popular GRASSLEY for their generosity. I am under, the businesses and consumers sporting goods store in Billings, MT. not here to talk about Goodwin Liu. I who rely on them are left hanging. They are wary of the Durbin amend- am going to talk about the debate over That is why a populist farmer from ment because they offer their cus- debit interchange. rural America is on the side of common tomers a reward credit card. They have In a matter of weeks, the government real concerns with government price is planning to price-fix debit card swipe sense in this debate, and I am on the controls and what they will mean for fees below—below—the cost of doing side of Montana small businesses and their ability to meet the needs of their business. They are going to price-fix consumers. Last Thursday, I asked Fed Chair- customers. debit card swipe fees below the cost of man Ben Bernanke about the impact of The bottom line is this: Allowing the doing business. government to price-fix debit card On the surface, the plan might make government price fixing as it applies to swipe fees is a slippery slope. Maybe sense. But peel back the layers and we rural America. He is not the only that is why my amendment is to stop will see why a whole bunch of folks out major regulator who has raised serious and study the impact of this proposed there on both sides of the aisle are rais- questions about whether the supposed ing a flag. exemption for small banks will work. rule. It has broad bipartisan support I am not asking to repeal the rules or He is not the only one. Last week, from folks such as the National Edu- even change them. I am asking that we Chairman Bernanke said ‘‘it could re- cation Association and Americans for take a closer look so we can get the in- sult in some smaller banks being less Tax Reform—different sides of the eco- formation to understand the impacts, profitable and failing.’’ nomic equation. Then there are non- both intended and unintended. I have Let me repeat that, in the words of profit organizations, such as Rural Dy- listened to the feedback my colleagues Chairman Bernanke, the small banks namics in Montana. Rural Dynamics have shared on this issue. I have heard in Montana and across America could serves the entire State of Montana— their concerns. fail under this planned rule. thousands of folks every year. Their While it is important to stop and ex- What does it mean if more banks mission? To help individual people and amine the impact of limiting debit fail? It means more consolidation in families achieve economic independ- card swipe fees, some have said 2 years the banking industry. How in the world ence, to make sure folks can earn, is simply too long. I am willing to ad- is that good for consumers? How is it keep, and grow their assets to reach just my legislation to address those better for a small business in Glendive, economic independence. concerns. Senator CORKER and I have MT, to have to ask a bank Rural Dynamics is a well-respected decided to shorten the timeframe from headquartered on Wall Street for a organization. Many of their strategies 24 months to 15 months. loan instead of going to the bank on involve helping Montanans manage Here is how the 15 months is going to Main Street? Are big banks going to their assets and save for their future, be used. Fifteen months will provide provide the same level of service as enabling them access to banking serv- the agencies with 6 months for a study. community banks? I think not. Will ices. Anything that would result in It will provide the Federal Reserve 6 they be able to evaluate the prospects undue higher fees would take their months to rewrite the rules using that of a small business by only looking at mission backwards. study. It will allow 3 months to imple- data, without understanding the com- Rural Dynamics says simply: We ment the final rules. Fifteen months is munities they serve? Will big banks want to understand the long-term risk the bare minimum to get this study create strong relationships with the associated with limiting debit card right, and we want to get it right. people in rural America? Will they do swipe fees, how it will impact rural For me, stopping and studying the that? How about those folks who are America, how it will affect economic unintended consequences of govern- looking to start a small business? independence. ment price-fixing has everything to do We know credit unions are one of the Just as convincing as the small busi- with access to capital for small busi- few financial institutions to ever con- nesses in my State are the administra- nesses and consumers in rural America. sider going into Indian Country to help tion experts who have been tasked with Make no mistake, the big banks are bring investment to some of the most trying to make this rule on debit inter- going to do fine no matter what. So I impoverished areas in this country. Do change work. Chairman Bernanke last opposed bailing them out. All but two you think if these small folks go under, week said he is still not sure whether banks in my entire State are consid- there will be anyone else willing to the small issuer exemption would ered small community banks and will lend on reservations? No way. No way. work, saying: be affected by this debit interchange During last week’s hearing, FDIC There are market forces that would work price-fixing rule. Chairwoman Sheila Bair said this new against the exemption. All of Montana’s credit unions will be rule is ‘‘going to reduce revenues at a Sheila Bair, Chairwoman of the affected as well. They will feel the number of smaller banks, and they will FDIC, raised similar concerns about pinch, and they will lose because the have to pass that on to customers in the workability of the small issuer ex- government is going to set a price for terms of higher fees.’’ Rural America— emption. So has Chairwoman Debbie doing business that does not cover especially in this fragile economy— Matz of the National Credit Union Ad- their costs. cannot afford that. ministration. So has the Conference of

VerDate Mar 15 2010 23:46 May 18, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.045 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3094 CONGRESSIONAL RECORD — SENATE May 18, 2011 State Banking Supervisors. So has the In the short time we have been in ses- the sense of trying to prevent as many—in National Association of State Credit sion this year, we have confirmed 24 our view—bad things from happening. Now Union Supervisors. judges. That is a rate, almost, of one we have the opportunity to actually get our This represents all—all—of the regu- judge every other day. This year, the ideas and the progressive vision of the Con- stitution and of law and policy into practice. lators of the small financial institu- committee has favorably reported 51 tions at the State and national level— percent of President Obama’s nomi- Mr. Liu holds a view of the Constitu- every one of them. These are the folks nees, yet it seems the more we work tion that can only be described as an who are tasked with keeping our com- with the majority on filling vacancies, activist judicial philosophy. The cen- munity banks and credit unions vi- the more complaints we hear. terpiece of his judicial philosophy—a brant and strong, ensuring these insti- Furthermore, as we work together to theory he describes as ‘‘constitutional tutions are well capitalized and mak- confirm consensus nominees, we are fidelity’’—sounds nice until you learn ing sound loans. Let me say again, all met with the majority’s insistence that what it actually means. Here is what of them—all of them—have raised con- we turn to controversial nominees, he means by fidelity: cerns about the impact of this rule on such as the one before us today—Good- The Constitution should be interpreted in the small financial institutions they win Liu—because this seems to be the ways that adapt its principles and its text to supervise. most controversial of President the challenges and conditions of our society in every single generation. These regulators are not convinced Obama’s nominees we have had to this these rules are going to be able to work point. I have pledged, and indeed I have Continuing on, he states: in the way they were intended. My demonstrated, cooperation in moving On this approach, the Constitution is un- friends on the other side of this debate forward on consensus nominations. derstood to grow and evolve over time as the continue to attack these folks. They There is no doubt that Mr. Liu does not conditions, needs, and values of our society change. have said they are shills for the big fall into the category of being a con- banks; that they do not understand sensus nominee. That is not a far cry from the unwrit- market forces; that they don’t under- My objections to this nominee can be ten constitution of Great Britain, stand small institutions. This couldn’t summarized in five areas of concern: where the Parliament is supreme and be further from the truth. his controversial writings and speech- makes a determination from time to And no one—no one—has been able to es, an activist judicial philosophy, his time on what the policies are, as op- explain to me why studying this issue lack of judicial temperament, his trou- posed to in this country where the nat- to make sure these rules do what they blesome testimony and lack of candor ural law—or the laws that are the say they are supposed to do is a bad before the committee, and his limited rights we have given to us by our Cre- idea. To stop and to study. That is experience. ator, not by government—are the basis what the bipartisan bill I am spon- Mr. Liu describes his writings as crit- of our law. soring does. To stop and to study the ical, inventive, and provocative, and When I questioned the nominee at his unintended consequences for rural that is what they are. He states he is hearing regarding his position, he stat- America and this country as a whole. If simply a commentator and his role is ed his book respects the notion that this rule goes into effect, the con- merely to poke, prod, and critique. The the text of the Constitution and the sumers and businesses who rely on problem I have with that is his legal principles it expresses are totally fixed community banks and credit unions— scholarship goes well beyond simple and enduring. I must admit some con- oh, yeah—are going to pay the price. commentary. The nominee argues the fusion with this contradiction. Either And we can bet many retailers won’t be 14th amendment creates a constitu- the text and the principles are fixed eager to pass the few pennies they save tional right to some minimum level of and enduring or they are adaptable— down to you. Yet Doris Rochileau’s public welfare benefits. That is a real something that grows and evolves, as it monthly banking fees will go up. Mark reach. He has said: happens with the Constitution of Great Voyles will have to pay more to keep The duty of government cannot be reduced Britain. Mr. Liu is, apparently, com- his money in his bank. The folks at to simply providing the basic necessities of fortable with this contradiction. I am life. . . . The main pillars of the agenda not. It is a pattern I find throughout Cabela’s will be asking: What is next? would include . . . expanded health insur- And will it hurt their loyal customers? his testimony. ance, child care, transportation subsidies, I am concerned by his apparent lack Thousands of Montanans who rely on job training, and a robust earned income tax Rural Dynamics will have more hurdles credit. of appreciation for the proper role of a to jump over to reach economic inde- There is no doubt those may be pol- judge in our system of checks and bal- pendence. icy issues Congress ought to deal with, ances. His philosophy leads to an inevi- These stories hit home. They are the but it is a real stretch to say that they table expansion of the power of the ju- stories I tell when someone asks: Why are constitutionally protected rights. diciary. For example, according to Mr. would a populist farmer be against the Mr. Liu is a strong proponent of af- Liu, courts should play a role in cre- government telling the small banks firmative action and the constitu- ating and expanding constitutional that drive our economy how to do busi- tionality of affirmative action. Cele- welfare rights. He argues that once a ness? I am not asking to repeal this brating the Supreme Court’s decision legislative body creates a welfare pro- provision; far from it. I am asking us in Grutter v. Bollinger, he said: gram, it is the proper role of the courts to do our homework in this body, to . . . [a]chieving racial diversity throughout to grasp the meaning and the purpose make sure we understand exactly what our leading [educational] institutions is not for that welfare benefit. He states the it means for Montana and all of Amer- merely constitutionally permissible, but courts can recognize welfare rights by ica. morally required. ‘‘invalidat[ing] statutory eligibility re- With that, I want to express my He believes bans on gay marriage are quirements or strengthen[ing] proce- thanks to the good Senator from Iowa unconstitutional. The nominee was one dural protections against the with- one more time. of several law professors who filed a drawal of benefits.’’ That is forth- I yield the floor. brief with the California Supreme rightly an attack on the legislative The PRESIDING OFFICER. The Sen- Court in a suit seeking to have the branch of government, and on its power ator from Iowa. California same-sex marriage prohibi- to make statute and law. The courts Mr. GRASSLEY. Madam President, I tion declared unconstitutional. are supposed to be interpreting, not come to the floor to speak on the nomi- These statements, just a sample of making law. nation of Goodwin Liu to be Circuit his works, are not merely a scholarly The nominee also seems to favor a Judge of the Ninth Circuit. reflection on the state of law. Instead, social needs-based view of living con- I have said many times over the past they are a prescription for change—big stitutionalism. His scholarly work ar- 2 weeks—and perhaps for longer than change. He stated, following President gues that judicial decisionmaking the last 2 weeks—that by any fair Obama’s election in an interview with should be shaped by contemporary so- measure we are moving judicial nomi- NPR’s ‘‘Weekend Edition’’: cial needs and norms, rather than the nees at a very brisk pace. This month Whereas I think in the last seven or eight certainty of the Constitution. Notably, alone, we confirmed 7 judges in 10 days. years we had mostly been playing defense in he has said:

VerDate Mar 15 2010 01:59 May 19, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.047 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3095 . . . the problem for courts is to determine, My third area of concern is that the harsh, provocative, unnecessary, and at the moment of decision, whether our col- nominee has made a number of critical was a case of poor judgment. That is lective values on a given issue have con- statements which indicate a lack of ju- one statement of Mr. Liu with which I verged to a degree that they can be persua- dicial temperament. He has been very can I agree. sively crystallized and credibly absorbed into legal doctrine. openly critical of the current Supreme I can appreciate that Mr. Liu now un- Court. derstands the unfortunate language he It is just as if what the writers of the In one article, he said that the hold- uses. The trouble I have with this, how- Constitution in 1787 thought ought to ing in Bush v. Gore was ‘‘utterly lack- ever, is that it shows that even when be the basic law of this land means ing in any legal principle.’’ He has stepping out of the academic world, the nothing today. So as you know, I think claimed that the current Court as a nominee promotes extreme views and this is very troublesome. Our constitu- whole is unprincipled, saying that ‘‘if intemperate language. Even if I accept tional framework puts the legislative you look across the entire run of cases, his rationale for the tone of his work in function in the Congress, not the you see a fairly consistent pattern the academic world, that does not ex- courts. It is the legislative function, where respect for precedent goes by the plain his congressional testimony. through the political process, where wayside when it gets in the way of re- That was one opportunity where he the people rule, that determine when a sult.’’ could demonstrate a reasoned, tem- particular value is to become part of Mr. Liu was highly critical of the perate approach. Yet he failed that our law. This is not the duty of judges. nomination of Justice Roberts. He pub- test. I think it may also indicate what The judiciary is limited to deciding lished an article on Bloomberg.com en- we might expect from a Judge Liu, cases and controversy, not establishing titled ‘‘Roberts Would Swing the Su- should he be confirmed—the same public policy. preme Court to the Right.’’ In that ar- thing. To me, that is an unacceptable I would note further that this view of ticle, he acknowledged that Roberts outcome. constitutional interpretation does not was qualified, saying ‘‘[t]here’s no The fourth major area of concern is rely on the acts of the legislature or on doubt Roberts has a brilliant legal Mr. Liu’s testimony and candor before the precedents established by higher mind. . . . But a Supreme Court nomi- the committee, which was troubling at courts. Rather, it is based on a concept nee must be evaluated on more than times and lacked credibility. Even be- of what he prefers to call ‘‘evolving legal intellect.’’ He then voiced con- fore he appeared before the committee, norms.’’ Furthermore, as he testified cerns that ‘‘with remarkable consist- the nominee had difficulty providing before the committee, it is those ency throughout his career, Roberts the committee, with materials re- ‘‘evolving norms’’ that inform the Su- ha[d] applied his legal talent to further quired by his questionnaire. As Senator preme Court’s elaboration of constitu- the cause of the far right.’’ He also SESSIONS said at the time: tional doctrine. spoke very disparagingly of Justice Mr. Liu tried to sound like a main- At best, this nominee’s extraordinary dis- Roberts’ conservative beliefs: regard for the Committee’s constitutional stream jurist when he stated the duty role demonstrates incompetence; at worst, it of a circuit judge was to faithfully fol- [b]efore becoming a judge, he belonged to the Republican National Lawyers Associa- creates the impression that he knowingly at- low the Supreme Court’s instructions tion and the National Legal Center for the tempted to hide his most controversial work on matters of constitutional interpre- Public Interest, whose mission is to promote from the Committee. tation. Who is going to argue with (among other things) ‘‘free enterprise,’’ ‘‘pri- During his testimony, the nominee that? Again, that sounds nice, doesn’t vate ownership of property,’’ and ‘‘limited said, in reference to his past legal it, but what does it mean? If we accept government.’’ These are code words for an writings, ‘‘whatever I may have writ- his premise that the Supreme Court’s ideological agenda hostile to environmental, workplace, and consumer protections. ten in the books and the articles would instructions are based upon evolving have no bearing on my action as a Let’s think about what he just said norms, it follows that such ‘‘evolving judge.’’ Oh? Trying to paint himself as there, about Judge Roberts, now Chief norms’’ will shape the circuit courts’ a judicial conservative, the nominee Justice Roberts. He said private owner- decisions as well. This activist theory attempted to walk away from his pre- ship of property, limited government, leads to a judicial system substituting vious positions. He tried to distance and free enterprise are code words for the whims of individual judges over the himself on the proper role of a judge, an ideological agenda hostile to envi- text and original meaning of the U.S. on the use of foreign law, on the appro- ronment, workplace and consumer pro- Constitution. This is not the duty of priateness of racial quotas and from his tections? Does he think we are Com- any circuit judge. previous views on free enterprise and munist-run China, that the govern- Mr. Liu’s legal views and judicial phi- private ownership of property. Even ment runs everything, that their sys- losophy are clearly out of the main- the Washington Post found his testi- tem of government is a better one? stream. A small example illustrates mony a bit hard to believe. The Post’s When they bring online a coal-fired this point. I questioned four of Presi- editorial stated: dent Obama’s district judge nominees plant every week? Plants that pollute the air and put more carbon dioxide Mr. Liu is unlikely to shunt aside com- who followed Mr. Liu on the day of his pletely the ideas and approaches he has hearing. I asked each of them con- into the air than we do in the United spent years developing. But the real prob- cerning a specific point about Mr. Liu’s States? Where children are dying be- lem, of course, is not that he adheres to a philosophy. Each and every one of cause the food is poisoned and con- particular judicial philosophy, but that he— them flatly rejected Mr. Liu’s position. sumers aren’t protected? Where every like so many others before him—feels the This included his view on judges con- miner is in jeopardy of losing their need to pretend not to have one. sidering ‘‘collective values’’ when in- lives? That is how far off base this We have often heard the term ‘‘con- terpreting the Constitution; on using nominee is when he refers to free enter- firmation conversion’’ applied to nomi- foreign law; on interpreting the Con- prise, private ownership of property, nees who appear to have a change of stitution in ways that adapt its prin- and limited government as being bad. legal philosophy when they are nomi- ciples and its text; and on considering But if you get government more in- nated to a Federal judgeship. As I re- ‘‘public values and social under- volved, as they do in China, it is some- view the record, I think this nominee standings’’ when interpreting the Con- how a better place? has taken that concept a step further— stitution. The nominee has been very publicly I would use the phrase ‘‘confirmation Based on his out-of-the-mainstream critical also of Justice Alito in par- chameleon.’’ It seems to me that Mr. views, it is no surprise that his nomi- ticular. He believes it is a valid criti- Liu is willing to adapt his testimony to nation is opposed by so many. Included cism of Justice Alito to say that ‘‘[h]e what he thinks is most appropriate at in that opposition are 42 district attor- approaches law in a formalistic, me- the time. neys serving in the State of California. chanical way abstracted from human I have discussed other contradictions They are concerned, among other experience.’’ And we are all familiar already, but let me give you a clear ex- things, about his views on criminal with Mr. Liu’s scathing attack at Jus- ample. Senator CORNYN of Texas asked law, capital punishment, and the role tice Alito’s confirmation hearing. him about his troubling record con- of the Federal courts in second-guess- When asked about his testimony, Mr. tained in his work-product that ex- ing State decisions. Liu admitted the language was unduly pressed opinions on issues such as the

VerDate Mar 15 2010 01:59 May 19, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.048 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3096 CONGRESSIONAL RECORD — SENATE May 18, 2011 death penalty, same-sex marriage, and above, he has no trial experience and mind. I have every confidence in his in- welfare rights. Senator CORNYN then has never been a judge. tellectual firepower, his integrity, and stated ‘‘You are now saying, ‘Wipe the I will conclude with this thought. his even-keeled demeanor, and I believe slate clean because none of that has Given his record and testimony, I do it will make him a fine judge. any relevance whatsoever to how I not believe the nominee has an under- Let me tell my colleagues a little would conduct myself as a judge if con- standing and appreciation of the proper about his background. He was born in firmed by the Senate.’ Is that correct?’’ role of a judge. I believe, if confirmed, Augusta, GA. He is the son of Tai- Mr. Liu responded, ‘‘That is correct, he will bring a personal agenda and po- wanese immigrants who were recruited Senator.’’ litical ideology into the courtroom. to America to provide medical services A few minutes later I asked him, ‘‘If It is ironic that in commenting on in rural areas. we were to, let us just say, wipe the the Roberts nomination, Mr. Liu sad He attended public schools in slate clean as to your academic ‘‘the nomination is a seismic event Clewiston, FL, and in Sacramento, CA. writings and career, what is left to jus- that threatens to deepen the Nation’s He first struggled to learn English and tify your confirmation?’’ The nominee red-blue divide. Instead of choosing a master vocabulary but, ultimately, he responded, ‘‘I would hope that you consensus candidate [the President] graduated co-valedictorian from Rio would not wipe my slate clean, as it has opted for a conservative thorough- Americano High School in Sacramento. were. You know, I am what I am.’’ bred who, if confirmed, will likely He was admitted to Stanford Univer- Mr. Liu cannot have it both ways. Ei- swing the Court sharply to the right on sity, my alma mater. He graduated Phi ther his record stays with him or we many critical issues.’’ Beta Kappa. He received numerous wipe the slate clean. Perhaps in the If confirmed, I am concerned that Mr. awards for his contributions to the uni- long run it doesn’t matter, because ei- Liu will deeply divide the Ninth Cir- versity, and he was elected co-presi- ther way it leaves us with an indi- cuit and move that court even further dent of the student body. Pretty good. vidual who should not be given a life- to the left—if that is possible. If con- He received a Rhodes scholarship. He time appointment. If you include his firmed, his activist ideology and judi- graduated with a master’s degree from record as a law professor, then we are cial philosophy would seep well beyond Oxford University. He attended Yale left with the evidence of a left-leaning, the Berkeley campus—and it seems Law School. Once again, he was at the judicial activist. If you do not include that is difficult. Sitting on the Ninth top of his class. He was editor of the it, then we are left with a 2-year asso- Circuit, his opinions and rulings would Yale Law Journal. He won the prize for ciate with law clerk experience and lit- have far reaching effect on individuals the best team argument in the moot tle else. and businesses throughout the nine- court competition and won awards for That leads me to my final point. I am State circuit, including places like the best academic paper by a third- concerned about the nominee’s lack of Bozeman, MT; Boise, ID, and Anchor- year law student and the best paper in experience. After graduating from law age, AK. the field of tax law. school in 1998, he clerked for Judge For the reasons I have articulated— He received prestigious judicial David S. Tatel on the U.S. Court of Ap- No. 1, his controversial writings and clerkships with Circuit Judge David peals for the District of Columbia. speeches; No. 2, an activist judicial phi- Tatel on the U.S. Court of Appeals for When his clerkship ended, Mr. Liu be- losophy; No. 3, his lack of judicial tem- the DC Circuit and then with Ruth came special assistant to the Deputy perament; No. 4, his lack of candor be- Bader Ginsburg on the U.S. Supreme Secretary of Education for 1 year. fore the committee, and No. 5, his lim- Court. In 2000, he worked as a contract at- ited experience—as well as many other He worked in the Department of Edu- torney for the law firm of Nixon Pea- concerns which I have not expressed cation as a special assistant to the body, LLP, where he ‘‘assisted with today, I shall oppose this nomination. Deputy Secretary of the United States legal research and writing.’’ From 2000 I yield the floor. of the U.S. Department of Education. to 2001, the nominee clerked for Justice The PRESIDING OFFICER (Mr. He spent 2 years in private practice Ruth Bader Ginsburg on the Supreme PRYOR). The Senator from California. at O’Melveny & Myers, which is a pres- Court. After his Supreme Court clerk- Mrs. FEINSTEIN. I ask unanimous tigious law firm—not a minor firm, a ship, he became an associate at consent I might be given permission to major firm—where he handled commer- O’Melveny & Myers, where he remained speak for one-half hour. cial matters, including antitrust, in- for less than 2 years. According to his The PRESIDING OFFICER. Without surance, and class action cases. Appel- questionnaire, he appeared in court objection, it is so ordered. late law comprised roughly half his only ‘‘occasionally.’’ He also reported Mrs. FEINSTEIN. Mr. President, I practice. that his other work as an attorney has have been on the Judiciary Committee Finally, in 2003, he accepted a tenure- not involved court appearances. He has for 18 years. I have never heard a track position on the faculty of Boalt not tried any cases to verdict, judg- harsher statement about a brilliant Hall School of Law. At Boalt, he quick- ment, or final decision, Since 2003, the young man than I have just heard. Dur- ly established himself as one of our nominee has been a full-time law pro- ing those 18 years, I have seen the most astute legal scholars, with spe- fessor at UC Berkeley School of Law, standards for appointment change cialties in constitutional law, the Su- and in 2008 he became associate dean. rather dramatically. I have seen a preme Court, education law, and edu- After his nomination last year, the search engine develop on the Repub- cation policy. ABA Standing Committee on the Fed- lican side to go out and find anything He published articles in the Yale Law eral Judiciary gave Mr. Liu the rating and everything an individual may have Journal, the Stanford Law Review, the ‘‘Unanimous Well-Qualified.’’ I am written, and then compile a dossier, al- California Law Review, the Iowa Law somewhat perplexed by this rating. Ac- most like one would of a criminal, and Review, the Harvard Law and Policy cording to the standing committee’s then characterize and depict the indi- Review, and many other academic jour- explanation of its standards for rating vidual in the terms they wish to do. nals. judicial nominees, ‘‘a prospective I regret this, and I hope to lay out He received the Education Law Asso- nominee to the federal bench ordi- how the Democratic side, with a num- ciation’s Steven S. Goldberg Award for narily should have at least twelve ber of nominees, has not done the same Distinguished Scholarship in Edu- years’ experience in the practice of thing. But to see a young man with the cation Law, and he was elected into law.’’ credentials Goodwin Liu carries belit- membership of the American Law In- Further, ‘‘the Committee recognizes tled in the way he has been belittled in stitute. that substantial courtroom and trial these hearings and also on this floor In 2008, his colleagues on the faculty experience as a lawyer or trial judge is really upsets me. of Boalt selected him as their associate important.’’ At the time of his nomina- This man is a professor of law and dean. In 2009, the University of Cali- tion and rating, the nominee had grad- the former associate dean of one of the fornia at Berkeley awarded him their uated from law school less than 12 10 best law schools in America. He is a Distinguished Teaching Award, the years prior. He has been a member of a nationally recognized constitutional highest award for teaching across the State bar only since May 1999. As noted scholar. He is a truly brilliant legal entire university.

VerDate Mar 15 2010 01:59 May 19, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\A18MY6.006 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3097 I believe he holds a deep appreciation the blessings of liberty, regulated by law, had 1 year experience as a law clerk, 3 for what opportunities our country af- and inculcating love and reverence for the years as a newspaper editor, 1 year of fords. I believe his background and his great principles of government as derived government practice, and 5 years as a legal prowess are fitting for him to be- from the inalienable rights of man to life, professor. He was confirmed. liberty, and the pursuit of happiness. come an appellate court judge. When Judge Brett Kavanaugh, who now sits one speaks with him about his family It is a fitting and, I believe, an accu- on the U.S. Court of Appeals for the DC and upbringing, one gains a sense of rate tribute. Circuit, also comes to mind. He was 38 We have one of the most brilliant him as someone who loves this country when he was nominated. Unlike Liu, he legal scholars of our time. There is a and bears an abiding belief that ours is had little track record to review and majority here to confirm him. We a land of opportunity and a place where much of the record that did exist was know that. But, unfortunately, the mi- everyone has a chance to learn and partisan. He had been a law clerk for 3 nority is trying to use cloture to pre- grow and to thrive. years, spent 3 years in private practice, vent us from ever casting a vote to Some of my colleagues have ques- and spent the remainder of his career confirm him. tioned a number of his writings and his in the Solicitor General’s Office, Ken Let me turn to another letter. This temperament, and what figures very Starr’s Office of Independent Counsel, one is from eight top executives of formidably, as I have talked to the Re- and the Bush White House. When the major American companies, including publican side, is particularly testimony ABA conducted its reviews, many trou- Yahoo, General Atlantic, Morgan Stan- he gave on the confirmation of Justice bling reports were received, but I voted ley, and Google. They have all worked Alito. What he did was provide a long for cloture, as did many of my col- closely with Liu on the Stanford board analysis of Alito’s opinions and then at leagues on this side, and he was con- of trustees. They wrote to say the fol- the end he used a rhetorical flourish firmed. lowing: that was, quite frankly, misguided. He Professors are hardly a new game for Even in a room full of highly accomplished strung together a series of facts from us when it comes to judicial nominees. leaders, Goodwin is impressive. He is insight- John Rogers is a judge on the U.S. cases Alito had decided and then made ful, constructive, and a good listener. More- a statement that I believe he very over, he possesses a remarkably even tem- Court of Appeals for the Sixth Circuit. much regrets. It was over the top. But perament. His demeanor is unfailingly re- At the time President Bush nominated he has acknowledged it, he has been spectful and open-minded, never dogmatic or him, he had only 4 years of practice ex- forthright, and he has apologized. inflexible. perience, no appellate clerkships, and Before the Senate Judiciary Com- Goodwin’s strengths, they said: had spent the remainder of his career mittee he said: . . . are exactly what we expect in a judge: as a professor. He was confirmed by the What troubles me most is that the passage objectivity, independence, respect for dif- Senate by a voice vote. has an ad hominem quality that is unfair fering views, sound judgment. Finally, there is Michael McConnell and hurtful. I regret having written this pas- We know the American Bar Associa- from the State of Utah. President Bush sage. tion has unanimously rated him ‘‘well nominated Professor McConnell for the He said if he had to do it again: ‘‘I qualified’’ for the U.S. court of appeals, Tenth Circuit. At the time, he had been would have deleted it.’’ and his background is similar to many a constitutional law professor for 16 It was a mistake—no question about who have been confirmed to the circuit years and his writings contained scores it—but a mistake should not color this court in the past. But some on the of controversial thoughts, ideas, and man’s entire record. other side, nevertheless, say he is too provocations. In reviewing McConnell’s I wish to read from two letters we re- young and he doesn’t have judicial ex- record, many of us on the Democratic ceived in the Senate from people who perience, or his credentials are not side found writing after writing that knew and know Goodwin Liu well, not right. we strongly disagreed with. McConnell just for a moment but for years. The For those who ask for a judicial had repeatedly stated that Roe v. Wade first was sent to us jointly by three record to review, I would ask, what was wrongly decided. He called the Su- successive presidents of Stanford Uni- about Edward Chen? We considered preme Court decision ‘‘a grave legal versity. I have never seen a letter on Judge Chen’s nomination last week. He error’’ and ‘‘an embarrassment.’’ behalf of a nominee from three dif- was a district court nominee with a 10- He wrote that the Freedom of Access ferent presidents of a university of the year judicial record. He had written to Clinic Entrances Act and the Vio- quality of Stanford. more than 350 published opinions, and lence Against Women Act were uncon- Donald Kennedy was president when the minority didn’t criticize one. But stitutional. He criticized a Supreme Goodwin Liu was a student at Stan- most in the minority voted against his Court decision barring racial discrimi- ford. He worked with Liu at the Haas nomination anyway. So a judicial nation at tax-exempt schools and one Center for Public Service and was record doesn’t get it done. prohibiting sex discrimination in civic present when Liu won not only the Then there is the criticism based on associations. He called the funda- Dinkelspiel Award, which is the univer- age or other qualifications. But Liu’s mental guarantee of one person, one sity’s highest award for undergraduate qualifications surpass those of many vote ‘‘wrong in principle.’’ But similar to Professor Liu, he service, but also the James W. Lyons we have confirmed under Republican made clear in the Senate confirmation Dean Award for Service and the Presi- Presidents. process that he understood the dif- dent’s Award for Academic Excellence. Since 1980, the Senate has confirmed ference between the role of a professor Gerhard Casper is president emeritus 14 circuit court nominees who were and the role of a judge. Here is what he of Stanford and currently provost at under the age of 40. That means they said when asked about all of his the University of Chicago. He knows were all younger than Liu is now. All writings: Liu both as a Stanford alum as well as 14 were nominated and confirmed dur- a colleague in the field of constitu- ing Republican administrations. I have a whole bunch of writings out there Let me give two examples. Judge that were provocative, and innovative, and tional law. He is familiar with Liu, as, taking a different view. Well, within—my in his own words, ‘‘a measured inter- Kimberly Moore sits on the U.S. Court of Appeals for the Federal Circuit. She academic colleagues understand that that’s preter of the Constitution.’’ what we do. If you try to make those look as Finally, John Hennessy is Stanford’s was nominated by President Bush at though they are legal analysis, as if they current President. He describes Liu as the age of 38. She had 2 years of experi- were what a lawyer thinks the law is, of insightful, hardworking, collegial, and ence as a law clerk, less than 4 years in course they don’t reflect the law. They’re of the highest ethical standards. private practice, and 6 years as a pro- not meant to. They’re not a description of Together, these three presidents of fessor at three different law schools. the law. the university wrote the following: The Senate confirmed her unani- Professor Michael McConnell, Senate Goodwin Liu as a student, scholar and mously. Judiciary Committee, September 18, trustee, has epitomized the goal of Stan- Judge Harvey Wilkinson is a judge on 2002. ford’s founders, which was to promote the the U.S. Court of Appeals for the He then assured us he would apply public welfare by exercising an influence on Fourth Circuit. He was nominated by the law as written, not as put forward behalf of humanity and civilization, teaching President Reagan at the age of 39. He in academic theory. Guess what. He

VerDate Mar 15 2010 23:49 May 18, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.051 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3098 CONGRESSIONAL RECORD — SENATE May 18, 2011 was confirmed to the Tenth Circuit by Constitution. This, some colleagues layed similar thoughts after reviewing voice vote. There was no cloture vote. say, means he will be an activist. Liu’s record. Here is a quote: Liu’s He was confirmed by voice vote be- First, Liu has said this book was ‘‘views are part of the legal main- cause the Democrats on this side of the written as a professor, as an academic, stream’’ and that the ‘‘independence, aisle believed he would do just what he that it is in no way a roadmap for how rigor, and fair-mindedness of his said. I don’t understand why this same he would decide cases as a judge. He writings support a confident prediction situation is not accorded to this bril- said, in his own words: that he will be a dutiful and impartial liant young American. The duty of a circuit judge is to faithfully judge.’’ ‘‘Liu respects the law, which is Today, we have Professor Liu before follow the Supreme Court’s instructions on what we should expect of a judge.’’ us. He has also written article after ar- matters of constitutional interpretation, not Yet the Senate may well not give ticle as a law professor and people have any particular theory. And so that is exactly him cloture even to come to a vote on disagreed with some of what he has what I would do, is I would apply the appli- his confirmation. That is unfair. cable precedents to the facts of each case. written. Jesse Choper, who reviewed all of Here is what he said: But I think some are using this nom- Liu’s writings as the chair of his ten- ination to try to set a new standard, to I think that there’s a clear difference be- ure committee, has similarly said, ‘‘in tween what things people write as scholars say that the only valid theory of con- addressing a wide range of issues, Liu and how one would approach the role of a stitutional interpretation is demonstrates rigor, independence, fair- judge. And those two are very different originalism. So I want to point out mindedness, and—most importantly for things. As scholars, we are paid, in a sense, that Liu’s comments about constitu- present purposes—sincere respect for to question the boundaries of the law, to tional interpretation are hardly excep- the proper role of courts in a constitu- raise new theories, to be provocative in ways tional. that it’s simply not the role of a judge to be. tional democracy.’’ ‘‘One thing is In fact, they echo statements made clear,’’ he says, ‘‘Liu’s interpretive ap- The role of the judge is to faithfully follow by some of our very best jurists across the law as it is written and as it is given by proach is part of mainstream legal the Supreme Court. And there is no room for the span of American history: Chief thought.’’ invention or creation of new theories. That’s Justice John Marshall, Justice Oliver Finally, someone who has been simply not the role of the judge. Wendell Holmes, and Justice Sandra quoted often here today, Kenneth A very similar statement. It was Day O’Connor, to name a few. Starr, a prominent conservative and made by Goodwin Liu before the Sen- The most famous example: Chief Jus- former Reagan appointee to the DC ate Judiciary Committee, April 16, tice John Marshall wrote, in 1819, in Court of Appeals, has written to us to- 2010. the case of McCulloch v. Maryland: gether with Professor Akhil Amar to Professor McConnell went through by We must never forget that it is a constitu- say, Goodwin Liu is ‘‘a person of great tion we are expounding. voice vote. The same kind of situa- . . . This provision is made in a constitu- intellect, accomplishment, and integ- tion—voice vote—yet we may be pre- tion, intended to endure for ages to come, rity, and he is exceptionally well quali- vented from even taking a vote on Pro- and consequently, to be adapted to the var- fied to serve on the court of appeals.’’ fessor Liu’s nomination because he ious crises of human affairs. Continuing to quote: may not get a supermajority for clo- Chief Justice John Marshall. In our view, the traits that should weigh ture. I must say, what is sauce for the We are not all originalists here, and most heavily in the evaluation of an extraor- goose is sauce for the gander. originalism does not define the legal dinarily qualified nominee such as Goodwin Professor Liu, like Professor McCon- are professional integrity and the ability to mainstream. In an interview, published discharge faithfully an abiding duty to fol- nell, is a brilliant legal mind. He has in the California Lawyer in January, low the law. Because Goodwin possesses written extensively. He has been abso- Justice Scalia made the shocking those qualities to the highest degree, we are lutely clear that if confirmed he would statement that he does not believe the confident that he will serve on the court of follow not any academic theory or U.S. Constitution guarantees women appeals not only fairly and competently, but writing, but the law as it is written and equal protection of the law. This came with great distinction. handed down by the U.S. Supreme out this January. This is a sitting Su- I have a very hard time under- Court. We took Professor McConnell at preme Court Justice saying the Con- standing why people would do this: we his word. Professor Liu deserves the stitution does not guarantee women listened to and read Judge McConnell’s same treatment. equal protection under the law. views, which were antithetical to many (Mr. WHITEHOUSE assumed the The text of the 14th amendment says of us on this side, but we believed he chair.) no ‘‘person’’ shall be denied equal pro- would be a fair and good judge, and he Mrs. FEINSTEIN. What is interesting tection of the law—and after decades of was confirmed by voice vote; but today to me is how much things have precedent, unanimous Supreme Court someone who has the finest education changed on this committee—and we decisions agree that women are pro- America has to offer, who is supported have a new Presiding Officer who also tected. But regardless of text and by scholars on both sides of the polit- is on the committee—since before the precedent, Justice Scalia says it can- ical aisle, who is truly scholastically Presiding Officer came on, when we not be so because that is not what the exceptional, who could quote case after would look at a person’s personal drafters of the 14th amendment in- case after case in his hearings, may be record, what they have said, what they tended. denied cloture. think the kind of judge they will be, This is not the American main- If he is, this is not the Senate of the and make a decision. stream. Following this line of rea- United States of which I am most So I do not understand, if we can con- soning, the minimum wage would be proud. I hope I am wrong. I hope he firm Professor McConnell by unani- unconstitutional, schools could still be will be granted cloture because he de- mous consent, why can’t we grant clo- legally segregated, States could pro- serves a vote up or down. A majority ture to a man who has distinguished hibit married couples from using birth vote—that is America—a majority vote himself as one of the great legal schol- control, and I, as a woman, could be on his confirmation. We will see what ars of our country? prohibited from standing here today as happens. Let me address one particular criti- an elected Member of the Senate. Mr. INOUYE. Mr. President, I rise cism that has been made of Professor That kind of thinking cannot be a today in support of Goodwin Liu for Liu’s writings, and that is his writings criterion for acceptance onto our Fed- confirmation to the U.S. Court of Ap- on constitutional interpretation and fi- eral courts. So some may disagree with peals for the Ninth Circuit. delity to the Constitution. Liu’s statement about constitutional Goodwin Liu and I share the immi- Some in the Senate have harshly interpretation, but it is hardly far grant experience. He is the proud son of criticized his book ‘‘Keeping Faith afield of the legal mainstream today. Chinese immigrants and my father with the Constitution’’ because he says Let me tell you what others who are came to this great Nation from Japan. at one point that the Supreme Court familiar with Liu’s full record—full He holds degrees from some of the top has taken ‘‘social practices, evolving record—have said about his work. universities in the world. Before at- norms, and practical consequences’’ Richard Painter, a chief ethics offi- tending Yale Law School, he worked into account when interpreting the cer for President George W. Bush, re- with the Corporation for National

VerDate Mar 15 2010 01:59 May 19, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.052 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3099 Service in Washington, DC, where he The President did, however, mention about five of them today, and I will helped launch the AmeriCorps pro- one bit of substance that really should come back next week, as part of the gram. In 2000, he served as a law clerk raise a red flag to the American people. doctor’s second opinion on the health for U.S. Supreme Court Justice Ruth He said: care law, and talk about the next five. Bader Ginsburg. Since 2003, he has We will slow the growth of Medicare costs No. 1, this board is how Washington taught law at the University of Cali- by strengthening an independent commis- will limit patient care. fornia, Berkeley School of Law, Boalt sion. When Congressman PAUL RYAN of- Hall. He has also served as a special as- Well, the Washington commission he fered his 2012 budget plan, the Presi- sistant to the Deputy Secretary at the is referring to is called the Independent dent and members of his party U.S. Department of Education, advis- Payment Advisory Board. This board launched an all-out media assault on ing the Department on a range of legal may sound harmless, but let me assure Medicare spending. The White House issues including the development of you that the American people deserve and Democrats used inflammatory and guidelines to help turn around low per- to know and have a right to know more patently false statements to scare peo- forming schools. detail about the board and its work. ple about the Ryan plan. What they Goodwin also practiced as a litigant Many Americans may not remember failed to mention, however, is that the for the firm of O’Melveny & Myers in that the health care law created this President’s own health care law actu- Washington, DC. There, appellate liti- unelected, unaccountable board of ally has significant caps on Medicare gation comprised nearly half his prac- Washington full-time bureaucrats. The spending. To enforce the caps, the tice. sole purpose of the board is to cut President and Washington Democrats Were these accolades not enough to Medicare spending based on arbitrary went with their tried-and-true solu- demonstrate Goodwin’s capacity to budget targets—not based on the num- tion: create another board. serve as a Federal appellate judge, I ber of people on Medicare or the num- What does this mean for people who would also point to the ‘‘unanimously ber of seniors but based on arbitrary are currently on Medicare and for fu- well qualified’’ rating he received from budget targets. These are cuts above ture Medicare patients? A centralized the American Bar Association, ABA, and beyond the $500 billion already Washington board will arbitrarily cut the ABA’s highest rating for Federal taken from a nearly bankrupt Medicare payments to Medicare providers—doc- judgeships. I believe Goodwin’s exten- Program during the health care law— tors, nurses, and other people taking sive knowledge of the law, under- taken from our seniors—not to save care of patients. They are going to standing of appellate procedure, and Medicare but to start a whole new gov- squeeze Medicare savings by cutting appellant litigation experience make ernment program. provider payments and treatment op- him an outstanding candidate for con- Now the President wants to slow the tions, which will punish patients. Why? firmation. growth of Medicare costs by strength- To start a whole new government pro- I would like to remind my colleagues ening this independent commission. gram—not for the people who paid into that there are still many judicial va- Well, this board empowers 15 unelected Medicare but for a whole different cancies that need to be filled. The con- Washington bureaucrats to make these group of people. Not only will medical stitutional right to a speedy trial cor- Medicare cuts, all without full trans- professionals facing these cuts decide relates to the number of judges able to parency and accountability to the to simply stop seeing Medicare pa- hear cases. While it is important to as- American seniors and also to elected tients—and we see that now. Frankly, certain the character and capacity of a officials. doctors are running away from Medi- nominee to such an important position, Once again, this board proved that care, not wanting to see those patients. postponing Goodwin Liu’s confirmation the President and the Democrats in Individuals and families will watch does a disservice to our Nation, and to Congress who voted for the health care helplessly as a Washington bureaucrat this body’s responsibility for con- law simply didn’t have the political decides what kind of treatments that firming Presidential nominees. I be- courage to make tough spending deci- person can have. lieve Goodwin Liu will make a fine sions. Instead, they took the easy road No. 2, this board is going to make judge, and will serve with distinction and pulled a classic Washington ma- recommendations, and those rec- in the Ninth Circuit Court of Appeals. neuver: they created a board and then ommendations will automatically be- I ask my colleagues to join me in con- punted the tough decisions to the come law. firming Goodwin Liu to the U.S. Court board. Well, this forced Congress to ab- How can it be that something the of Appeals for the Ninth Circuit. board does automatically becomes law? I thank the Chair and yield the floor. dicate two important congressional du- Mr. President, I suggest the absence ties. First is the constitutional respon- But their spending recommendations of a quorum. sibility to manage Medicare spending. automatically become law—unless The PRESIDING OFFICER. The The second is the responsibility to ex- Congress acts to stop it. If Congress clerk will call the roll. plain to the American people why spe- would actually want to stop the The assistant legislative clerk pro- cific payment changes might be nec- board’s policies, there are very few op- ceeded to call the roll. essary to keep Medicare afloat—all be- tions. The options are severely limited. Mr. BARRASSO. Mr. President, I ask cause the President and Washington Overriding the board’s recommenda- unanimous consent that the order for Democrats refused to lead. They sim- tions requires a three-fifths majority the quorum call be rescinded. ply threw up their hands and said: Let vote in the Senate, a high hurdle to The PRESIDING OFFICER. Without someone else deal with it. jump, or Congress can pass a different objection, it is so ordered. If expanding this independent board Medicare spending plan. But there is a Mr. BARRASSO. Mr. President, I ask is—they call it ‘‘independent,’’ but I catch. It still has to meet the same ar- unanimous consent to speak for up to am not so convinced it is. It is called bitrary spending target. So if Congress 15 minutes as in morning business. the Independent Payment Advisory does nothing, then Health and Human The PRESIDING OFFICER. Without Board. If expanding the board is the Services Secretary Kathleen Sebelius objection, it is so ordered. one and only concrete proposal the will implement the board’s plan. HEALTH CARE President has to reform Medicare and Medicare consumes about 13 percent Mr. BARRASSO. Mr. President, I reduce the debt and most Americans of the Federal budget, and former Of- come to the floor, as I have week after have never even heard of it, then it is fice of Management and Budget Direc- week since we passed the health care important that we take the time on tor Peter Orzag called this board ‘‘the law, giving a doctor’s second opinion of the Senate floor today to discuss ex- largest yielding of sovereignty from the law. I come today because last actly how this board works and the im- Congress since the creation of the Fed- month President Obama delivered a pact it will have on medical care in eral Reserve.’’ very big speech on spending. Unfortu- America. The bottom line is that this board nately, it seemed to be more of a polit- I call this the top 10 things you need isn’t making recommendations to Con- ical attack than a substantive speech to know about the Independent Pay- gress; this board is passing law. Well, offering a detailed plan to attack the ment Advisory Board. To me, this issue Congress doesn’t have to approve these American debt crisis. is so important that I plan to talk policies of the board, and the President

VerDate Mar 15 2010 23:49 May 18, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.054 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3100 CONGRESSIONAL RECORD — SENATE May 18, 2011 doesn’t have to sign them. They are effort failed. President Obama learned He is pragmatic and open-minded, not dog- law. This represents an unprecedented from that failure. Make no mistake, he matic or ideological. . . . Many, though by shift of power from the legislative wants to achieve the same objective. no means all, of his scholarly views do not align with conservative ideology or with the branch of the Federal Government to This time he is using this board as a policy positions of many elected officials in an unelected board of 15 bureaucrats. Trojan horse to sell it. the Republican Party. . . . Nevertheless, his No. 3, the policies of this board can- If President Obama’s health care law views are part of the American legal main- not be challenged in court. remains the law of the land, millions of stream. The independence, rigor, and fair- On April 19 of this year, the New Americans will have government-sub- mindedness of his writings support a con- York Times published an article enti- sidized health insurance. Paying for fident prediction that he will be a dutiful tled ‘‘Obama Panel to Curb Medicare this new entitlement program will cost and impartial judge. Finds Foes in Both Parties.’’ trillions. It will be no surprise when we When I circulated Professor Painter’s This article explains that: inevitably hear cries for increased cost article to the members of the Judiciary Committee, my Republican colleagues In general, federal courts could not review control. This is when the President will actions to carry out the board’s rec- make his move—proposing to extend sent me a series of articles critiquing ommendations. this board’s reach beyond Medicare to Professor Liu. I would like to take a few moments to rebut the criticisms in Well, there is an institute called Ari- the new health care law’s subsidized in- these articles because they simply zona’s Goldwater Institute. They filed surance premiums. Last month, the President opened the door to this strat- don’t hold water. a lawsuit based upon this payment ad- The first and most common criticism visory board. Part of the lawsuit says: egy when he proposed in his speech to expand this board’s power and its con- of Goodwin Liu is that he somehow be- Congress has no constitutional power to lieves in a so-called living Constitu- trol over Medicare. delegate nearly unlimited legislative power tion. His opponents are especially wor- to any federal executive branch agency, That is why I come to the Senate ried about his suggestion that in inter- much less to entrench health care regulation floor each and every week to deliver a against review, debate, revision, or repeal. doctor’s second opinion about the preting the Constitution, judges should consider the ‘‘evolving norms and tra- . . . Such federal overreaching must be re- health care law—a law that I believe is ditions of our society.’’ jected if the principles of limited govern- bad for patients, bad for providers—the Professor Liu has written an entire ment and the separation of powers by the nurses and doctors who take care of United States Constitution mean anything. book about his theory of constitutional those patients—and bad for our tax- That is what the lawsuit says. interpretation. On page 2 of that book, payers. I believe the more the Amer- he writes that we need to consider a lot Let’s go to No. 4. This board’s mis- ican people discover about this so- sion is to cut provider payments. The of different things when we interpret called independent payment advisory the Constitution. We need to consider board is strictly limited in what it can board, the more unpopular the Presi- do to achieve Medicare spending reduc- the original understanding of the dent’s health care law will become. Framers. We need to consider the pur- tions. By law, the board cannot raise Mr. President, I yield the floor and revenue by increasing taxes. It cannot pose and structure of the Constitution. suggest the absence of a quorum. We need to consider precedent. We need increase patient cost-sharing methods, The PRESIDING OFFICER. The such as premiums, copayments, and to consider the practical consequences clerk will call the roll. of our laws. Lastly, we need to consider deductibles. It cannot alter Medicare The assistant legislative clerk pro- eligibility or benefit package. the evolving norms and traditions of ceeded to call the roll. our society. So this is just one thing— What can it do? One thing and one Mr. FRANKEN. Mr. President, I ask one thing—that we should take into ac- thing only: It will adjust provider re- unanimous consent that the order for imbursement rates. We all know Medi- count. the quorum call be rescinded. But even more important, this idea care payment rates are already well The PRESIDING OFFICER (Mr. BEN- that we should merely consider the below market rates. That is why so NET). Without objection, it is so or- evolving standards of our society in in- many doctors are limiting the number dered. terpreting the Constitution is not a of Medicare patients they see and, in Mr. FRANKEN. Mr. President, I rise radical idea. In fact, it isn’t even a new more severe cases, refusing to treat to speak in support of the confirmation idea. This issue frequently comes up in Medicare patients at all. of Professor Goodwin Liu to the U.S. fourth amendment cases. Over 40 years Additional subjective cuts to Medi- Court of Appeals for the Ninth Circuit. ago, in a 1967 case called U.S. v. Katz, care will not make the program more As a member of the Judiciary Com- the Supreme Court was asked to deter- efficient or more available. These mittee for the past 2 years, I have had mine whether a wiretap constituted a measures will simply reduce the supply the opportunity to meet with Professor search under the fourth amendment. If of medical care to the Medicare pa- Liu and vote on his nomination on sev- it did, law enforcement would have to tients of America. eral occasions. He is a singularly tal- get a warrant to get a wiretap. The Medicare Chief Actuary, Richard ented individual, and I wish to asso- The problem, of course, was that the Foster, warned us that the health care ciate myself with the remarks all my Founders never anticipated the tele- law’s Medicare cuts would cause pro- colleagues have made in support of his phone, let alone the wire to the tele- viders to leave the program, and we are confirmation. phone. So this was a new question for seeing that today. It is not because But the strongest arguments I have the Court. But the Court voted 7 to 1 to they do not want to treat Medicare pa- heard in support of Professor Liu find that a wiretap was, in fact, a tients; it is because the doctors know haven’t come from my colleagues. In search under the fourth amendment, the payments will be too low to even fact, they haven’t even come from a and one of the main reasons they cited cover their costs. Mr. Foster, the Medi- Democrat. No, the most persuasive ar- was that people in modern society had care Chief Actuary, has said approxi- guments I have heard for confirming come to expect and assume that their mately 15 percent of our Nation’s hos- Professor Liu come from the former phone calls were private. Two years pitals would drop out of Medicare in 10 chief ethics lawyer for the administra- later, in a separate case called Smith v. years. tion of President George W. Bush, a Maryland, the Court formally adopted Then No. 5: This board could eventu- gentleman named Richard Painter. the rule that the fourth amendment ally impact all patients, not just Medi- Professor Painter, a Republican, is now will protect people where our society care patients. Washington Democrats a prominent law professor at the Uni- recognizes a reasonable expectation of have long supported policies that give versity of Minnesota. privacy. So for 40 years, it has been the government more power to set health Earlier this year, Professor Painter law of this land that you have to look care prices, not just in public programs wrote a lengthy article that systemati- at social norms when interpreting the such as Medicare, but also in the pri- cally catalogued Professor Liu’s fourth amendment. vate sector. President Bill Clinton strengths and systematically answered Here is another example, one that asked for this authority in a 1994 de- his critics. This is his conclusion: Senator FEINSTEIN cited, but still, it bate on what at the time was called In sum, Liu is eminently qualified. He has bears repeating. This is what Chief Jus- ‘‘Hillary care.’’ It was one reason his support from prominent conservatives. . . . tice Marshall said about the Necessary

VerDate Mar 15 2010 23:49 May 18, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.055 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3101 and Proper Clause in McCulloch v. who will be a strong and impartial ju- rorism Service Medal; the Armed Maryland. rist. I urge my colleagues to vote for Forces Reserve Medal, with ‘‘M’’ De- . . . [t]his provision is made in a constitu- cloture and to vote to support his nom- vice and Silver Hourglass; the Army tion, intended to endure for ages to come, ination. Service Ribbon, the Overseas Service and consequently, to be adapted to the var- I yield the floor. I suggest the ab- Ribbon; the Master Parachutist Badge; ious crises of human affairs. sence of a quorum. the Pathfinder Badge; the Air Assault McCulloch v. Maryland was decided The PRESIDING OFFICER. The Badge; the Kentucky Merit Ribbon; the in 1819. So the idea that we should clerk will call the roll. Kentucky Service Ribbon, with three merely consider the state of our soci- The legislative clerk proceeded to Oak Leaf Clusters; and the Kentucky ety when we interpret the Constitution call the roll. Counter Drug Ribbon. isn’t new, it is old. It is very old. In Mr. REID. Mr. President, I ask unan- Despite all this accomplishment, at fact, it is arguably older than the Sen- imous consent the order for the his promotion ceremony, Brigadier ate Chamber we are standing in, which quorum call be rescinded. General Hogan said, ‘‘All I ever wanted first opened in 1859. The PRESIDING OFFICER. Without to do in life is be a professional sol- Professor Liu’s detractors have also objection, it is so ordered. dier.’’ Well, we in Kentucky are cer- accused him of believing that judges f tainly glad he got his wish. I want to may ‘‘legitimately invent constitu- congratulate him on his promotion, MORNING BUSINESS tional rights to a broad range of social and I know my colleagues in the U.S. ‘welfare’ goods, including education, Mr. REID. Madam President, I ask Senate will join me in honoring his shelter, subsistence, and health care.’’ unanimous consent we now proceed to service and his sacrifice for our coun- That is the accusation. This argument a period for morning business, with try. is based on an article Professor Liu Senators permitted to speak for up to An article extolling the virtues of wrote in 2008. 10 minutes each. Brigadier General Stephen R. Hogan But if you actually read the article, The PRESIDING OFFICER (Mrs. appeared recently in the Marion Star. I you will find this statement right in HAGAN). Without objection, it is so or- ask unanimous consent that the article the introduction. This is a quote from dered. be printed in the RECORD. the article: f There being no objection, the article [B]ecause the existence of any welfare TRIBUTE TO BRIGADIER GENERAL was ordered to be printed in the right depends on Democratic instantiation of STEPHEN R. HOGAN RECORD, as follows: our shared understandings, the Judiciary is [From the Marion Star, April 18, 2011] generally limited to an interstitial role Mr. MCCONNELL. Madam President, within the context of a legislative program. I rise today to congratulate a friend of CONNER HIGH GRAD NAMED BRIG. GENERAL— Courts do not act as ‘first movers’ in estab- mine who is a valued servant to the STEPHEN HOGAN SERVED AT PENTAGON, IN BAGHDAD lishing welfare rights . . . people of Kentucky, BG Stephen R. In other words, Professor Liu is being Hogan. On March 12 of this year, the (By Stephanie Salmons) accused of saying judges can invent former colonel had his promotion cere- FRANKFORT.—Conner High School graduate welfare rights because of an article he mony to the rank of brigadier general. Stephen Hogan, of Frankfort, has been pro- moted to the rank of brigadier general. wrote where he said judges cannot in- This promotion to general is a very A 1981 Conner graduate, Hogan is the son of vent welfare rights. special accomplishment, as very few Paul and Marilyn Hogan of Burlington. He is The final point I wish to address is career officers in our Armed Forces a 1985 graduate of Morehead State University the idea that Professor Liu somehow ever reach the general rank. and a 2008 graduate of the U.S. Army War supports ‘‘using foreign law to redefine This promotion is well deserved for College. the Constitution.’’ Professor Liu’s crit- all that Brigadier General Hogan has Hogan received his commission from the ics cite an obscure speech he gave at a done for his country. Serving as the as- Morehead ROTC in 1985 and since 1993 has worked with the Kentucky Army National Japanese law school 5 years ago. Ac- sistant adjutant general for the Ken- Guard as an active-duty Guardsman with the cording to his critics, he said in this tucky Army National Guard, he is re- state’s Counter-Drug Unit, where Paul speech that it is ‘‘difficult for him to sponsible to the adjutant general for Hogan says his son works for a marijuana grasp how anyone could resist the use balancing the requirements of readi- eradication program. of foreign authority in American con- ness, modernization, force structure, His assignments have included tours with stitutional law.’’ and sustainment of the National Guard the 101st Airborne Division (Air Assault), I went and got a copy of the speech. for mobilization and domestic mis- Fort Campbell, KY.; 6th Infantry Division If you read it, you will see that Pro- sions. Light, Fort Richardson, Alaska; The Army Operations Center, Pentagon; and Multi-Na- fessor Liu was referring to a series of Brigadier General Hogan’s significant tional Corps Iraq, Baghdad, Iraq. Supreme Court decisions written by duty assignments include tours with Hogan has also received numerous awards Justice Anthony Kennedy, where Jus- the 101st Airborne Division (Air As- during his time in the military. tice Kennedy reviewed the laws of for- sault), Fort Campbell, KY; the 6th In- The Hogans said they’re proud of their son. eign countries on certain issues. Jus- fantry Division Light, Fort Richard- ‘‘It’s something you don’t comprehend— tice Kennedy didn’t use the laws of for- son, AK; the Army Operations Center, when someone goes that far,’’ Paul Hogan eign countries to decide the cases be- the Pentagon; and with the Multi-Na- said. tional Corps Iraq based in Baghdad, Stephen Hogan has always had an interest fore him, he used them to get a sense of in the military and has finally obtained his how other countries were resolving the Iraq. When not serving on Federal ac- goal, Paul Hogan said. legal issues before him. tive duty, he has served in the Ken- ‘‘We’re very pleased and proud of him. He’s Professor Liu was basically saying he tucky Army National Guard as an ac- worked very hard,’’ Marilyn Hogan said. found it difficult to grasp how people tive-duty guardsman with the State’s f could disagree with Justice Kennedy. Counter-Drug Unit, and $11 billion He has repeatedly said in his testi- worth of illegal marijuana has been HONORING OUR ARMED FORCES mony, under oath, that he does not be- eradicated during his service. LANCE CORPORAL CHRISTOPHER S. MEIS lieve that foreign law should be binding Brigadier General Hogan’s awards, Mr. BENNET. Madam President, in any way on Federal law. medals and decorations include the today I pay tribute to a young Colo- There are other critiques against Meritorious Service Medal, with three radan, LCpl Christopher S. Meis, who Professor Liu that I will not go into Bronze Oak Leaf Clusters; the Army died on March 17, 2011, from wounds he further, but I urge my colleagues to dig Commendation Medal, with one Bronze received while supporting combat oper- behind these blanket statements. To Oak Leaf Cluster; the Army Reserve ations in Helmand Province, Afghani- paraphrase Gertrude Stein, I think you Components Achievement Medal, with stan. He was 20 years old. The loss of will find there is no there there. one Silver Oak Leaf Cluster; the Na- Lance Corporal Meis weighs heavily on I think what my colleagues will find tional Defense Service Medal; with one his hometown of Bennett, CO, where he is an extraordinary intellect, a fun- Bronze Service Star; the Iraq Cam- grew up dreaming of serving his coun- damentally decent man, and someone paign Medal; the Global War on Ter- try as a marine.

VerDate Mar 15 2010 00:38 May 19, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.057 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3102 CONGRESSIONAL RECORD — SENATE May 18, 2011 According to his mother, Lance Cor- The qualifications of a judicial nomi- Senators SESSIONS, COBURN, and LEE poral Meis set his mind to becoming a nee are critically important. Susan voted against this nomination in com- soldier in the eighth grade. He always Carney received her A.B. in 1973 and mittee. The Republican members of the preferred the Marines, she says, be- her J.D. in 1977 from Harvard, grad- ABA committee that review nominees cause of its distinct reputation for uating both times with honors. Fol- found Ms. Carney unqualified. rigor and excellence. Lance Corporal lowing law school she clerked on the A review of Ms. Carney’s record lacks Meis enlisted in January 2010 after First Circuit. She then worked in pri- any indicia as to how she would rule or graduating from Bennett High School. vate practice in Washington from 1979 how she would handle her role in this He served a tour of duty in Afghanistan until 1986. After several years of self- critical position. In my view, the bur- in support of Operation Enduring Free- employment, she became affiliated den of proof falls to the nominee and dom, earning numerous decorations. with another Washington law firm in despite the support this nomination He was a machine gunner in the 8th 1994 before becoming associate general garnered from my colleagues, I do not Marine Regiment, 2nd Marine Division, counsel of the Peace Corps in 1996. believe that Ms. Carney met this bur- based at Camp Lejeune, NC. This post Since 1998 she has worked in Yale Uni- den. Given the higher scrutiny associ- situated Lance Corporal Meis on the versity’s General Counsel’s Office; she ated with consideration of nominees to front lines of battle in Afghanistan, has been deputy general counsel since the circuit courts of appeal, this nomi- which for him meant an opportunity to 2001. nee’s limited record coupled with her contribute. His mother said that, when I question whether Ms. Carney has history of supporting liberal organiza- he called home, he spoke of his readi- the proper experience to serve as an ap- tions and because the nominee has the ness for action and commitment to pellate judge. She has no litigation ex- burden of establishing fidelity to con- ‘‘making a difference.’’ He told his perience in the last 15 years. She has stitutional principles, I voted against family that he ultimately wanted to never tried any cases to verdict, judg- this nomination. pursue the Marine Corps as a career. ment, or final decision. There is noth- f Lance Corporal Meis’s bravery and ing in her background that will provide exemplary service quickly won the rec- this body with any information as to ADDITIONAL STATEMENTS ognition of his commanding officers. how she will view the law and what she He earned, among other decorations, may or may not be inclined to do as an MAKOTI, NORTH DAKOTA the National Defense Service Medal, appellate court judge. the Afghanistan Campaign Medal, and When examining a nominee, espe- ∑ Mr. CONRAD. Madam President, the Global War on Terrorism Service cially a nominee for the circuit court today I wish to recognize a community Medal. Just 3 weeks before his passing, of appeals, I am looking for evidence in in North Dakota that will be cele- he received a promotion to lance cor- the nominee’s history that will estab- brating its 100th anniversary. On July poral. lish that the nominee is a constitu- 8–10, the residents of Makoti will gath- His record as a soldier exhibits Amer- tionalist. Someone who takes the origi- er to celebrate their community’s his- ica’s proudest traditions of valor, com- nal, public meaning of the text of the tory and founding. mitment to duty, and strength of char- Constitution and our laws seriously The vibrant community of Makoti is acter. To his family, he will be remem- and does not look for excuses to depart a Soo Line Railroad townsite. On July bered as a dedicated son and brother. from it and read into it what he or she 12, 1911, the village of Makoti was plat- For Lance Corporal Meis, family and wants. ted, and lots at the townsite were sold. duty sometimes took the same form. In making a determination as to Approximately 200 people attended the By putting on the uniform, he followed whether to vote for a nominee, I look sale. The name of the town was coined his two grandfathers in a proud family for evidence that the nominee meets by the townsite promoter, Edward tradition of service in the Armed Chief Justice John Roberts’ analogy of Kamrud, from maakoti, a Mandan In- Forces. His paternal grandfather served a baseball umpire, someone who dian word meaning largest of the in World War II, and his maternal doesn’t bend the rules for the game, earthen lodges. Edward learned of this grandfather retired from the Air Force. but just calls them as he sees them; word from James Holding Eagle, who Mark Twain once said, ‘‘The fear of someone who offers no favoritism de- was building a replica Mandan-type death follows from the fear of life. A pending on who is at bat. earthen lodge on the grounds of the man who lives fully is prepared to die All Americans should expect Mem- State capitol in Bismarck. at any time.’’ Lance Corporal Meis’s bers of U.S. Senate to carefully explore Today, the economy of Makoti is service was in keeping with this senti- and guard against judicial nominees largely based on agriculture. There are ment—by selflessly putting country who are activists. Judges who interpret also eight businesses within the city, first, he lived life to the fullest. He the Constitution and laws in light of three churches, and the Lewis and lived with a sense of the highest honor- his or her personal preferences or how Clark Makoti High School. Each fall, able purpose. he or she thinks they ought to have the town comes together and cele- I stand with the citizens of Colorado been written should not be on the brates the Makoti Threshing Show, and across our country in profound bench. We should guard against a which is the largest threshing exhi- gratitude for Lance Corporal Meis’s nominee who would elevate ‘‘empathy’’ bition in North Dakota. Other rec- tremendous sacrifice. In Afghanistan, over what the rule of law requires. reational opportunities including a he fought with unwavering courage to The only information that has been city park, swimming pool, baseball dia- protect America and her citizens, and produced about Ms. Carney’s potential monds, and nearby lakes with great for his service he will forever be re- judicial inclinations is that she was a fishing and hunting. membered as one of our bravest. To supporter of pro-abortion groups such The citizens of Makoti are proud of honor those who survived him, I ask as NOW, NARAL, and Planned Parent- all of their accomplishments over the my colleagues to join me in extending hood. This nominee has little legal and past 100 years and have planned a cele- our deepest respects and condolences to no judicial history to rely upon. The bration that will include a golf tour- Holly, his mother, Chris, his father, burden of proof to show that the nomi- nament, 5K walk, arts and craft show, Hunter, his brother, and to his entire nee will be a fair and impartial judge children’s activities, a car show, a pa- family. falls on the nominee. There is nothing rade, and fireworks. f in the record that would allow me to I ask the U.S. Senate to join me in conclude that Ms. Carney will always congratulating Makoti, ND, and its CARNEY CONFIRMATION be fair and impartial or that she will residents on the first 100 years and in Mr. RUBIO. Madam President, on not elevate empathy over the rule of wishing them well through the next May 17, 2011, the Senate considered the law. What I believe we should seek is a century. By honoring Makoti and all nomination of Susan Carney to serve fair judge should be neutral and rule the other historic small towns of North as a Judge on the Second Circuit Court the same way according to the laws as Dakota, we keep the great pioneering of Appeals. I voted against her nomina- written regardless of who is before the frontier spirit alive for future genera- tion and want to explain my vote. court. tions. It is places such as Makoti that

VerDate Mar 15 2010 00:38 May 19, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.015 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3103 have helped to shape this country into the town’s population had more than H.R. 754. An act to authorize appropria- what it is today, which is why this fine doubled. In the early 1940s, crops har- tions for fiscal year 2011 for intelligence and community is deserving of our recogni- vested in the countryside around intelligence-related activities of the United tion. Selfridge brought agricultural success, States Government, the Community Man- agement Account, and the Central Intel- Makoti has a proud past and a bright and during the 1950s the city council ∑ ligence Agency Retirement and Disability future. established a water and sewer system System, and for other purposes. f for the community. Because prairie f ROBINSON, NORTH DAKOTA fires have been a concern for Selfridge since its founding, a voluntary fire de- MEASURES READ THE FIRST TIME ∑ Mr. CONRAD. Madam President, partment has always been in existence. The following bill was read the first today I wish to recognize a community Selfridge is located in south central time: in North Dakota that will be cele- North Dakota in Sioux County. It is S. 1022. A bill to extend expiring provisions brating its 100th anniversary. On July part of the Standing Rock Indian Res- of the USA PATRIOT Improvement and Re- 15–17, the residents of Robinson will ervation. Today the town is home to authorization Act of 2005 and the Intel- gather to celebrate their community’s the Selfridge Fire Hall, Selfridge High ligence Reform and Terrorism Prevention history and founding. School, Selfridge Post Office, Selfridge Act of 2004 until December 31, 2014, and for The vibrant community of Robinson Farmer’s Union Oil Co., and the Brand- other purposes. is a Northern Pacific Railroad town- ing Iron Bar & Steakhouse. f site. It was named after John F. Robin- In honor of the city’s 100th anniver- son, president of the First National EXECUTIVE AND OTHER Bank in Steele. Verne Wells came to sary, community leaders have orga- COMMUNICATIONS Robinson in 1922, and established bank- nized, among other things, a high The following communications were ing and civic leadership traditions that school reunion social, street dances, a laid before the Senate, together with are now in their third generation. parade, sporting activities, a perform- accompanying papers, reports, and doc- Vernon Liedtke—1912–1957—a world fa- ance by Native American dancers, a uments, and were referred as indicated: children’s carnival, and a German sup- mous circus star, was born here. EC–1744. A communication from the Under Today, the economy of Robinson is per. Secretary of Defense (Acquisition, Tech- largely based on agriculture and hunt- I ask that my colleagues in the U.S. nology and Logistics) transmitting, pursuant ing. There are also local businesses, Senate join me in congratulating to law, a report from the Counterprolifera- such as Countryside Auto, Flath Selfridge, ND, and its residents on tion Program Review Committee entitled Trucking, First Security Bank West, their first 100 years and in wishing ‘‘Report on Activities and Programs for Countering Proliferation and NBC Ter- Northern Plains Electric Cooperative, them well in the future. By honoring Selfridge and all other historic small rorism’’ (DCN OSS 2011–0847); to the Com- Robinson Senior Center, Carol’s Kitch- mittee on Armed Services. en, Barb’s Hair Shack and the Robin- towns of North Dakota, we keep the EC–1745. A communication from the Assist- son Post Office. great pioneering frontier spirit alive ant Secretary of Defense (Reserve Affairs), The citizens of Robinson are proud of for future generations. It is places such Department of Defense, transmitting, pursu- all of their accomplishments over the as Selfridge that have helped shape ant to law, a report relative to the mod- past 100 years and have planned a cele- this country into what it is today, ernization priority assessments provided by bration that will include, among other which is why this fine community is the Chiefs of the Reserve and National Guard things, a class parade, dance, gun raf- deserving of our recognition. Components; to the Committee on Armed Services. fle, truck and tractor pull, food ven- Selfridge has a proud past and a ∑ EC–1746. A communication from the Assist- dors, street dances, and fireworks. bright future. ant Secretary of Defense (Legislative Af- I ask the U.S. Senate to join me in f fairs), transmitting legislative proposals rel- congratulating Robinson, ND, and its ative to the National Defense Authorization MESSAGES FROM THE PRESIDENT residents on the first 100 years and in Act for Fiscal Year 2012; to the Committee wishing them well through the next Messages from the President of the on Armed Services. century. By honoring Robinson and all United States were communicated to EC–1747. A communication from the Assist- the other historic small towns of North the Senate by Mr. Pate, one of his sec- ant Secretary of Defense (Legislative Af- retaries. fairs), transmitting legislative proposals rel- Dakota, we keep the great pioneering ative to the National Defense Authorization frontier spirit alive for future genera- f Act for Fiscal Year 2012; to the Committee tions. It is places such as Robinson EXECUTIVE MESSAGES REFERRED on Armed Services. that have helped to shape this country EC–1748. A communication from the Con- into what it is today, which is why this As in executive session the Presiding gressional Review Coordinator, Animal and fine community is deserving of our rec- Officer laid before the Senate messages Plant Health Inspection Service, Department ognition. from the President of the United of Agriculture, transmitting, pursuant to Robinson has a proud past and a States submitting sundry nominations law, the report of a rule entitled ‘‘Plum Pox ∑ which were referred to the appropriate Virus; Update of Quarantined Areas’’ (Dock- bright future. et No. APHIS–2010–0089) received in the Of- f committees. fice of the President of the Senate on May 12, (The nominations received today are SELFRIDGE, NORTH DAKOTA 2011; to the Committee on Agriculture, Nu- printed at the end of the Senate pro- trition, and Forestry. ∑ Mr. CONRAD. Madam President, ceedings.) EC–1749. A communication from the Gen- today, I am pleased to recognize a com- f eral Counsel of the National Credit Union munity in North Dakota that is cele- Administration, transmitting, pursuant to brating its 100th anniversary. From MEASURES DISCHARGED law, the report of a rule entitled ‘‘Corporate July 8–10, the residents of Selfridge The following bill was discharged Credit Unions’’ (RIN3133–AD74) received in will gather to celebrate their commu- the Office of the President of the Senate on from the Committee on Environment May 17, 2011; to the Committee on Banking, nity’s founding. and Public Works, and referred as indi- Housing, and Urban Affairs. The Selfridge Milwaukee Road Rail- cated: EC–1750. A communication from the Presi- road Station was established in 1911. S. 840. An act to establish customs user dent of the United States, transmitting, pur- Several theories exist on how Selfridge fees for commercial trucks transporting for- suant to law, a report on the continuation of received its name. Some say the name eign municipal solid waste, and for other the national emergency that was originally describes the ridge of hills in the area, purposes; to the Committee on Finance. declared in Executive Order 13047 of May 20, 1997, with respect to Burma; to the Com- while others say it was named for a f Milwaukee Road Railroad official. Oth- mittee on Banking, Housing, and Urban Af- fairs. ers contend that it was named for MEASURES PLACED ON THE CALENDAR EC–1751. A communication from the Chair- Thomas E. Selfridge, a pioneer army man and President of the Export-Import aviator killed in service. The following bill was read the first Bank, transmitting a legislative proposal; to In 1925, Selfridge boasted 63 business and second times by unanimous con- the Committee on Banking, Housing, and establishments and 51 homes. By 1930, sent, and placed on the calendar: Urban Affairs.

VerDate Mar 15 2010 00:38 May 19, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.016 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3104 CONGRESSIONAL RECORD — SENATE May 18, 2011 EC–1752. A communication from the Assist- and Federal Supplementary Medical Insur- Affairs, Department of State, transmitting, ant General Counsel for Legislation, Regula- ance Trust Funds, transmitting, pursuant to pursuant to the Arms Export Control Act, tion and Energy Efficiency, Department of law, the Board’s 2011 Annual Report; to the the certification of a proposed amendment to Energy, transmitting, pursuant to law, the Committee on Finance. a technical assistance agreement for the ex- report of a rule entitled ‘‘Procedures for Sub- EC–1762. A communication from the Board port of defense articles, including, technical mitting to the Department of Energy Trade of Trustees of the Federal Old-Age and Sur- data, and defense services to the United Secrets and Commercial or Financial Infor- vivors Insurance and Federal Disability In- Kingdom for development and support of mation That is Privileged or Confidential’’ surance Trust Funds, transmitting, pursuant Data Terminal Equipment for the Bowman (RIN1990–AA36) received in the Office of the to law, the Board’s 2011 Annual Report; to ComBat Infrastructure and Platform Battle- President of the Senate on May 12, 2011; to the Committee on Finance. field Information System Application (BISA) the Committee on Energy and Natural Re- EC–1763. A communication from the Assist- Program in the amount of $100,000,000 or sources. ant General Counsel for Regulatory Services, more; to the Committee on Foreign Rela- EC–1753. A communication from the Assist- Office of Elementary and Secondary Edu- tions. ant Secretary of Land and Minerals Manage- cation, Department of Education, transmit- EC–1772. A communication from the Attor- ment, Bureau of Ocean Energy Management, ting, pursuant to law, the report of a rule en- ney Advisor, U.S. Coast Guard, Department Regulation, and Enforcement, Department of titled ‘‘Enhanced Assessment Instruments of Homeland Security, transmitting, pursu- the Interior, transmitting, pursuant to law, Notice of Final Priorities, Requirements, ant to law, the report of a rule entitled the report of a rule entitled ‘‘Renewable En- Definitions, and Selection Criteria’’ (CFDA ‘‘Traffic Separation Schemes: In the Ap- ergy Alternate Uses of Existing Facilities on No. 84.368) received in the Office of the Presi- proaches to Portland, ME; in the Approaches the Outer Continental Shelf—Acquire a dent of the Senate on May 12, 2011; to the to Boston, MA; in the Approaches to Narra- Lease Noncompetitively’’ (RIN1010–AD71) re- Committee on Health, Education, Labor, and gansett Bay, RI and Buzzards Bay, MA; in ceived in the Office of the President of the Pensions. the Approaches to Chesapeake Bay, VA, and Senate on May 12, 2011; to the Committee on EC–1764. A communication from the Direc- in the Approaches to the Cape Fear River, Energy and Natural Resources. tor, Directorate of Standards and Guidance, NC’’ ((RIN1625–AB55) (Docket No. USCG– EC–1754. A communication from the Gen- Occupational Safety and Health Administra- 2010–0718)) received during adjournment of eral Counsel, Federal Energy Regulatory tion, transmitting, pursuant to law, the re- the Senate in the Office of the President of Commission, transmitting, pursuant to law, port of a rule entitled ‘‘General Working the Senate on May 6, 2011; to the Committee the report of a rule entitled ‘‘Version One Conditions in Shipyard Employment (29 CFR on Commerce, Science, and Transportation. Regional Reliability Standards for Facilities part 1915, subpart F)’’ (RIN1218–AB50) re- EC–1773. A communication from the Attor- Design, Connections, and Maintenance; Pro- ceived during adjournment of the Senate in ney Advisor, U.S. Coast Guard, Department tection and Control; and Voltage and Reac- the Office of the President of the Senate on of Homeland Security, transmitting, pursu- tive’’ (Docket No. RM09–9–000; Order No. 751) May 13, 2011; to the Committee on Health, ant to law, the report of a rule entitled received in the Office of the President of the Education, Labor, and Pensions. ‘‘Traffic Separation Schemes: In the Strait Senate on May 17, 2011; to the Committee on EC–1765. A communication from the Chief of Juan de Fuca and its Approaches; in Puget Energy and Natural Resources. Privacy Officer, Privacy Office, Department Sound and its Approaches; and in Haro EC–1755. A communication from the Gen- of Homeland Security, transmitting, pursu- Strait, Boundary Pass, and the Strait of eral Counsel, Federal Energy Regulatory ant to law, a report entitled ‘‘Privacy Office Georgia’’ ((RIN1625–AA48) (Docket No. Commission, transmitting, pursuant to law, Second Quarter Fiscal Year 2011 Report to USCG–2002–12702)) received during adjourn- the report of a rule entitled ‘‘Electric Reli- Congress’’; to the Committee on Homeland ment of the Senate in the Office of the Presi- ability Organization Interpretations of Inter- Security and Governmental Affairs. dent of the Senate on May 6, 2011; to the connection Reliability Operations and Co- EC–1766. A communication from the Dis- Committee on Commerce, Science, and ordination and Transmission Operations Re- trict of Columbia Auditor, transmitting, pur- Transportation. liability Standards’’ (RIN1902–AE23) received suant to law, a report entitled, ‘‘Auditor’s EC–1774. A communication from the Attor- in the Office of the President of the Senate Review of the Operations and Administra- ney Advisor, U.S. Coast Guard, Department on May 17, 2011; to the Committee on Energy tion of the Office of Public Education Facili- of Homeland Security, transmitting, pursu- and Natural Resources. ties Modernization’’; to the Committee on ant to law, the report of a rule entitled EC–1756. A communication from the Sec- Homeland Security and Governmental Af- ‘‘Drawbridge Operation Regulations; Rainy retary of Energy, transmitting, pursuant to fairs. River, Ranier, MN’’ ((RIN1625–AA09) (Docket law, the Department’s May 2011 Strategic EC–1767. A communication from the Assist- No. USCG–2010–1055)) received in the Office of Plan; to the Committee on Energy and Nat- ant Attorney General, Office of Legislative the President of the Senate on May 16, 2011; ural Resources. Affairs, Department of Justice, transmit- to the Committee on Commerce, Science, EC–1757. A communication from the Direc- ting, pursuant to law, a report entitled and Transportation. tor of Congressional Affairs, Nuclear Regu- ‘‘International Terrorism Victim Expense EC–1775. A communication from the Attor- latory Commission, transmitting, pursuant Reimbursement Program Report to Congress ney Advisor, U.S. Coast Guard, Department to law, the report of a rule entitled ‘‘An Ap- 2009’’; to the Committee on the Judiciary. of Homeland Security, transmitting, pursu- proach for Using Probabilistic Risk Assess- EC–1768. A communication from the Man- ant to law, the report of a rule entitled ment in Risk-Informed Decisions on Plant- agement and Program Analyst, Citizenship ‘‘Drawbridge Operation Regulation; Curtis Specific Changes to the Licensing Basis’’ and Immigration Services, Department of Creek, Baltimore, MD’’ ((RIN1625–AA09) (Regulatory Guide 1.174, Revision 2) received Homeland Security, transmitting, pursuant (Docket No. USCG–2010–1103)) received in the during adjournment of the Senate in the Of- to law, the report of a rule entitled ‘‘Requir- Office of the President of the Senate on May fice of the President of the Senate on May 13, ing Residents Who Live Outside the United 12, 2011; to the Committee on Commerce, 2011; to the Committee on Environment and States to File Petitions According to Form Science, and Transportation. Public Works. Instructions’’ (RIN1615–AB93) received in the EC–1776. A communication from the Attor- EC–1758. A communication from the Direc- Office of the President of the Senate on May ney Advisor, U.S. Coast Guard, Department tor of Congressional Affairs, Nuclear Regu- 17, 2011; to the Committee on the Judiciary. of Homeland Security, transmitting, pursu- latory Commission, transmitting, pursuant EC–1769. A communication from the Acting ant to law, the report of a rule entitled to law, the report of a rule entitled ‘‘An Ap- Assistant Secretary, Office of Legislative Af- ‘‘Drawbridge Operation Regulation; Buffalo proach for Plant-Specific, Risk-Informed De- fairs, Department of State, transmitting, Bayou, mile 4.3, Houston, Harris County, cisionmaking: Technical Specifications’’ pursuant to law, the report of a rule entitled TX’’ ((RIN1625–AA09) (Docket No. USCG– (Regulatory Guide 1.177, Revision 1) received ‘‘Visas: Documentation of Nonimmigrants 2011–0100)) received in the Office of the Presi- during adjournment of the Senate in the Of- Under the Immigration and Nationality Act, dent of the Senate on May 12, 2011; to the fice of the President of the Senate on May 13, as Amended’’ (RIN1400–AC87) received in the Committee on Commerce, Science, and 2011; to the Committee on Environment and Office of the President of the Senate on May Transportation. Public Works. 12, 2011; to the Committee on Foreign Rela- EC–1777. A communication from the Attor- EC–1759. A communication from the Acting tions. ney Advisor, U.S. Coast Guard, Department Assistant Secretary, Bureau of Legislative EC–1770. A communication from the Acting of Homeland Security, transmitting, pursu- Affairs, Department of State, transmitting, Assistant Secretary, Bureau of Legislative ant to law, the report of a rule entitled pursuant to law, a report relative to the ex- Affairs, Department of State, transmitting, ‘‘Drawbridge Operation Regulation; Duluth tension of waiver authority for pursuant to the Arms Export Control Act, Ship Canal, Duluth-Superior Harbor, MN’’ Turkmenistan; to the Committee on Fi- the certification of a proposed amendment to ((RIN1625–AA09) (Docket No. USCG–2010– nance. a manufacturing license agreement for the 1030)) received in the Office of the President EC–1760. A communication from the Fiscal export of defense articles, including, tech- of the Senate on May 12, 2011; to the Com- Assistant Secretary, Department of the nical data, and defense services to Canada mittee on Commerce, Science, and Transpor- Treasury, transmitting, pursuant to law, the for Telephonics APS–508 Radar System for tation. annual reports that appeared in the March the CP–140 Program in the amount of EC–1778. A communication from the Attor- 2011 Treasury Bulletin; to the Committee on $25,000,000 or more; to the Committee on For- ney Advisor, U.S. Coast Guard, Department Finance. eign Relations. of Homeland Security, transmitting, pursu- EC–1761. A communication from the Board EC–1771. A communication from the Acting ant to law, the report of a rule entitled ‘‘Spe- of Trustees of the Federal Hospital Insurance Assistant Secretary, Bureau of Legislative cial Local Regulation for Marine Event;

VerDate Mar 15 2010 00:38 May 19, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\CR\FM\A18MY6.019 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3105 Temporary Change of Dates for Recurring S. 99. A bill to promote the production of Labor, and Pensions I report favorably Marine Event in the Fifth Coast Guard Dis- molybdenum-99 in the United States for the following nomination lists which trict’’ ((RIN1625–AA08) (Docket No. USCG– medical isotope production, and to condition were printed in the RECORDS on the 2010–1094)) received in the Office of the Presi- and phase out the export of highly enriched dates indicated, and ask unanimous dent of the Senate on May 12, 2011; to the uranium for the production of medical iso- Committee on Commerce, Science, and topes (Rept. No. 112–17). consent, to save the expense of reprint- Transportation. By Mr. BINGAMAN, from the Committee ing on the Executive Calendar, that EC–1779. A communication from the Attor- on Energy and Natural Resources, with these nominations lie at the Sec- ney Advisor, U.S. Coast Guard, Department amendments: retary’s desk for the information of of Homeland Security, transmitting, pursu- S. 398. A bill to amend the Energy Policy Senators. ant to law, the report of a rule entitled ‘‘Spe- and Conservation Act to improve energy effi- The PRESIDING OFFICER. Without cial Local Regulations and Safety Zones; Re- ciency of certain appliances and equipment, objection, it is so ordered. curring Events in Northern New England’’ and for other purposes (Rept. No. 112–18). ((RIN1625–AA08) (Docket No. USCG–2010– By Mr. BINGAMAN, from the Committee *Public Health Service nominations begin- 0110)) received in the Office of the President on Energy and Natural Resources, with an ning with Manisha Patel and ending with of the Senate on May 12, 2011; to the Com- amendment: Christopher M. Sheehan, which nominations mittee on Commerce, Science, and Transpor- S. 629. A bill to improve hydropower, and were received by the Senate and appeared in tation. for other purposes (Rept. No. 112–19). the Congressional Record on May 11, 2011. EC–1780. A communication from the Attor- By Mr. KERRY, from the Committee on *Public Health Service nominations begin- ney Advisor, U.S. Coast Guard, Department Foreign Relations, without amendment and ning with Alice Y. Guh and ending with of Homeland Security, transmitting, pursu- with a preamble: Ukegbu J. Ugochi, which nominations were ant to law, the report of a rule entitled ‘‘Spe- S. Con. Res. 15. A concurrent resolution received by the Senate and appeared in the cial Local Regulation; Hydroplane Races supporting the goals and ideals of World Ma- Congressional Record on May 11, 2011. within the Captain of the Port Puget Sound laria Day, and reaffirming United States *Nomination was reported with rec- Area of Responsibility’’ ((RIN1625–AA08) leadership and support for efforts to combat ommendation that it be confirmed sub- (Docket No. USCG–2009–0996)) received in the malaria as a critical component of the Presi- ject to the nominee’s commitment to Office of the President of the Senate on May dent’s Global Health Initiative. respond to requests to appear and tes- 12, 2011; to the Committee on Commerce, f Science, and Transportation. tify before any duly constituted com- EC–1781. A communication from the Attor- EXECUTIVE REPORTS OF mittee of the Senate. ney Advisor, U.S. Coast Guard, Department COMMITTEES of Homeland Security, transmitting, pursu- f ant to law, the report of a rule entitled ‘‘An- The following executive reports of chorage Regulations; Port of New York’’ nominations were submitted: ((RIN1625–AA01) (Docket No. USCG–2008– By Mr. HARKIN for the Committee on INTRODUCTION OF BILLS AND 1082)) received in the Office of the President Health, Education, Labor, and Pensions. JOINT RESOLUTIONS *Cora B. Marrett, of Wisconsin, to be Dep- of the Senate on May 16, 2011; to the Com- The following bills and joint resolu- mittee on Commerce, Science, and Transpor- uty Director of the National Science Foun- tation. dation. tions were introduced, read the first EC–1782. A communication from the Attor- *Martha Wagner Weinberg, of Massachu- and second times by unanimous con- ney Advisor, U.S. Coast Guard, Department setts, to be a Member of the National Coun- sent, and referred as indicated: of Homeland Security, transmitting, pursu- cil on the Humanities for a term expiring By Mr. KERRY (for himself and Ms. ant to law, the report of a rule entitled ‘‘In- January 26, 2016. COLLINS): flatable Personal Flotation Devices’’ *Paula Barker Duffy, of Illinois, to be a S. 1018. A bill to amend title 10, United ((RIN1625–AB60) (Docket No. USCG–2011– Member of the National Council on the Hu- States Code, and the Ike Skelton National 0076)) received in the Office of the President manities for a term expiring January 26, Defense Authorization Act for Fiscal Year of the Senate on May 12, 2011; to the Com- 2016. 2011 to provide for implementation of addi- mittee on Commerce, Science, and Transpor- *Cathy N. Davidson, of North Carolina, to tional recommendations of the Defense Task tation. be a Member of the National Council on the Force on Sexual Assault in the Military EC–1783. A communication from the Com- Humanities for a term expiring January 26, Services; to the Committee on Armed Serv- mander, U.S. Coast Guard, Department of 2016. ices. Homeland Security, transmitting, pursuant *Constance M. Carroll, of California, to be By Mr. SANDERS (for himself and Mr. to law, the report of a rule entitled ‘‘Great a Member of the National Council on the Hu- WEBB): Lakes Pilotage: 2011 Annual Review and Ad- manities for a term expiring January 26, S. 1019. A bill to amend the Elementary justment’’ ((RIN1625–AB48) (Docket No. 2016. and Secondary Education Act of 1965 in order USCG–2010–0517)) received in the Office of the *Albert J. Beveridge III, of the District of to support secondary school reentry pro- President of the Senate on May 12, 2011; to Columbia, to be a Member of the National grams; to the Committee on Health, Edu- the Committee on Commerce, Science, and Council on the Humanities for a term expir- cation, Labor, and Pensions. Transportation. ing January 26, 2016. By Mr. KOHL (for himself and Mr. EC–1784. A communication from the Attor- *Clyde E. Terry, of New Hampshire, to be a ENZI): ney Advisor, U.S. Coast Guard, Department Member of the National Council on Dis- S. 1020. A bill to amend the Internal Rev- of Homeland Security, transmitting, pursu- ability for a term expiring September 17, enue Code of 1986 to modify the rules relat- ant to law, the report of a rule entitled 2013. ing to loans made from a qualified employer ‘‘Ninth Coast Guard District Sector Realign- *Janice Lehrer-Stein, of California, to be a plan, and for other purposes; to the Com- ment; Northern Lake Michigan and Lake Member of the National Council on Dis- mittee on Finance. Huron’’ ((RIN1625–ZA29) (Docket No. USCG– ability for a term expiring September 17, By Mr. COBURN (for himself and Mr. 2009–0929)) received in the Office of the Presi- 2013. CARPER): dent of the Senate on May 12, 2011; to the *Judith A. Ansley, of Massachusetts, to be S. 1021. A bill to limit the amount ex- Committee on Commerce, Science, and a Member of the Board of Directors of the pended by the Department of Defense for Transportation. United States Institute of Peace for the re- printing and reproduction costs; to the Com- EC–1785. A communication from the Presi- mainder of the term expiring September 19, mittee on Appropriations. dent of the United States, transmitting, pur- 2011. By Mr. REID: suant to law, a six-month periodic report on *Judith A. Ansley, of Massachusetts, to be S. 1022. A bill to extend expiring provisions the national emergency with respect to a Member of the Board of Directors of the of the USA PATRIOT Improvement and Re- Syria that was originally declared in Execu- United States Institute of Peace for a term authorization Act of 2005 and the Intel- tive Order 13338 of May 11, 2004 and expanded of four years. ligence Reform and Terrorism Prevention in Executive Order 13572 of April 29, 2011; to *John A. Lancaster, of New York, to be a Act of 2004 until December 31, 2014, and for the Committee on Banking, Housing, and Member of the Board of Directors of the other purposes; read the first time. Urban Affairs. United States Institute of Peace for the re- By Mr. DURBIN (for himself, Ms. COL- mainder of the term expiring September 19, f LINS, and Mr. KERRY): 2011. S. 1023. A bill to authorize the President to REPORTS OF COMMITTEES *John A. Lancaster, of New York, to be a provide assistance to the Government of Member of the Board of Directors of the The following reports of committees Haiti to end within 5 years the deforestation United States Institute of Peace for a term were submitted: in Haiti and restore within 30 years the ex- of four years. By Mr. BINGAMAN, from the Committee tent of tropical forest cover in existence in on Energy and Natural Resources, with an Mr. HARKIN. Mr. President, for the Haiti in 1990, and for other purposes; to the amendment in the nature of a substitute: Committee on Health, Education, Committee on Foreign Relations.

VerDate Mar 15 2010 00:38 May 19, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\CR\FM\A18MY6.021 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3106 CONGRESSIONAL RECORD — SENATE May 18, 2011 SUBMISSION OF CONCURRENT AND kota (Mr. CONRAD) and the Senator ator from Louisiana (Ms. LANDRIEU) SENATE RESOLUTIONS from Montana (Mr. TESTER) were added and the Senator from Washington (Ms. The following concurrent resolutions as cosponsors of S. 547, a bill to direct CANTWELL) were added as cosponsors of and Senate resolutions were read, and the Secretary of Education to establish S. 658, a bill to provide for the preser- referred (or acted upon), as indicated: an award program recognizing excel- vation of the Department of Defense of By Mr. KIRK: lence exhibited by public school system documentary evidence of the Depart- S. Res. 188. A resolution opposing State employees providing services to stu- ment of Defense on incidents of sexual bailouts by the Federal Government; to the dents in pre-kindergarten through assault and sexual harassment in the Committee on Banking, Housing, and Urban higher education. military, and for other purposes. Affairs. S. 555 S. 668 By Mr. CRAPO (for himself, Ms. At the request of Mr. CORNYN, the KLOBUCHAR, Mr. RISCH, and Mr. At the request of Mr. FRANKEN, the FRANKEN): name of the Senator from North Caro- name of the Senator from Kentucky S. Res. 189. A resolution recognizing and lina (Mrs. HAGAN) was added as a co- (Mr. PAUL) was added as a cosponsor of honoring Harmon Killebrew and expressing sponsor of S. 555, a bill to end discrimi- S. 668, a bill to remove unelected, unac- the condolences of the Senate to his family nation based on actual or perceived countable bureaucrats from seniors’ on his death; considered and agreed to. sexual orientation or gender identity personal health decisions by repealing By Mr. LUGAR (for himself and Mr. the Independent Payment Advisory COATS): in public schools, and for other pur- S. Res. 190. A resolution recognizing the poses. Board. 100th anniversary of the Indianapolis 500 S. 565 S. 701 Mile Race; considered and agreed to. At the request of Mr. KERRY, the At the request of Mr. BENNET, the f name of the Senator from Virginia (Mr. name of the Senator from Delaware (Mr. COONS) was added as a cosponsor ADDITIONAL COSPONSORS WARNER) was added as a cosponsor of S. 565, a bill to establish an employment- of S. 701, a bill to amend section S. 48 based immigrant visa for alien entre- 1120A(c) of the Elementary and Sec- At the request of Mr. INOUYE, the ondary Education Act of 1965 to assure name of the Senator from Hawaii (Mr. preneurs who have received significant capital from investors to establish a comparability of opportunity for edu- AKAKA) was added as a cosponsor of S. business in the United States. cationally disadvantaged students. 48, a bill to amend the Public Health S. 707 Service Act to provide for the partici- S. 567 At the request of Mr. DURBIN, the At the request of Mr. CONRAD, the pation of pharmacists in National name of the Senator from California Health Services Corps programs, and names of the Senator from Maryland (Mrs. FEINSTEIN) was added as a co- for other purposes. (Ms. MIKULSKI), the Senator from New sponsor of S. 707, a bill to amend the Mexico (Mr. UDALL) and the Senator S. 164 Animal Welfare Act to provide further from Iowa (Mr. GRASSLEY) were added At the request of Mr. BROWN of Mas- protection for puppies. sachusetts, the name of the Senator as cosponsors of S. 567, a bill to amend S. 712 from Texas (Mrs. HUTCHISON) was added the small, rural school achievement as a cosponsor of S. 164, a bill to repeal program and the rural and low-income At the request of Mr. DEMINT, the the imposition of withholding on cer- school program under part B of title VI name of the Senator from Nevada (Mr. tain payments made to vendors by gov- of the Elementary and Secondary Edu- HELLER) was added as a cosponsor of S. ernment entities. cation Act of 1965. 712, a bill to repeal the Dodd-Frank Wall Street Reform and Consumer Pro- S. 245 S. 596 tection Act. At the request of Mr. CORKER, the At the request of Mr. WYDEN, the S. 722 name of the Senator from North Da- name of the Senator from Minnesota At the request of Mr. WYDEN, the kota (Mr. HOEVEN) was added as a co- (Ms. KLOBUCHAR) was added as a co- name of the Senator from Colorado sponsor of S. 245, a bill to reduce Fed- sponsor of S. 596, a bill to establish a (Mr. UDALL) was added as a cosponsor eral spending in a responsible manner. grant program to benefit victims of sex of S. 722, a bill to strengthen and pro- S. 486 trafficking, and for other purposes. tect Medicare hospice programs. At the request of Mr. WHITEHOUSE, S. 604 the name of the Senator from Arkansas S. 726 At the request of Mr. WYDEN, the (Mr. PRYOR) was added as a cosponsor At the request of Mr. RUBIO, the name of the Senator from North Da- of S. 486, a bill to amend the names of the Senator from New Hamp- kota (Mr. CONRAD) was added as a co- Servicemembers Civil Relief Act to en- shire (Ms. AYOTTE), the Senator from sponsor of S. 604, a bill to amend title hance protections for members of the Oklahoma (Mr. COBURN), the Senator XVIII of the Social Security Act to uniformed services relating to mort- from Wisconsin (Mr. JOHNSON) and the provide for the coverage of marriage gages, mortgage foreclosure, and evic- Senator from Kentucky (Mr. PAUL) and family therapist services and men- tion, and for other purposes. were added as cosponsors of S. 726, a tal health counselor services under S. 489 bill to rescind $45 billion of unobligated part B of the Medicare program, and At the request of Mr. REED, the name discretionary appropriations, and for for other purposes. of the Senator from Massachusetts other purposes. S. 615 (Mr. KERRY) was added as a cosponsor S. 755 of S. 489, a bill to require certain mort- At the request of Mr. VITTER, the At the request of Mr. WYDEN, the gagees to evaluate loans for modifica- name of the Senator from South Caro- name of the Senator from Minnesota tions, to establish a grant program for lina (Mr. GRAHAM) was added as a co- (Ms. KLOBUCHAR) was added as a co- State and local government mediation sponsor of S. 615, a bill to improve the sponsor of S. 755, a bill to amend the programs, and for other purposes. accountability and transparency in in- Internal Revenue Code of 1986 to allow S. 491 frastructure spending by requiring a an offset against income tax refunds to At the request of Mr. PRYOR, the life-cycle cost analysis of major infra- pay for restitution and other State ju- name of the Senator from Vermont structure projects, providing the flexi- dicial debts that are past-due. (Mr. LEAHY) was added as a cosponsor bility to use alternate infrastructure S. 798 of S. 491, a bill to amend title 38, type bidding procedures to reduce At the request of Mr. TESTER, the United States Code, to recognize the project costs, and requiring the use of name of the Senator from Arkansas service in the reserve components of design standards to improve efficiency (Mr. PRYOR) was added as a cosponsor the Armed Forces of certain persons by and save taxpayer dollars. of S. 798, a bill to provide an amnesty honoring them with status as veterans S. 658 period during which veterans and their under law, and for other purposes. At the request of Ms. KLOBUCHAR, the family members can register certain S. 547 names of the Senator from New Hamp- firearms in the National Firearms Reg- At the request of Mrs. MURRAY, the shire (Mrs. SHAHEEN), the Senator from istration and Transfer Record, and for names of the Senator from North Da- Washington (Mrs. MURRAY), the Sen- other purposes.

VerDate Mar 15 2010 00:53 May 19, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\CR\FM\A18MY6.024 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3107 S. 800 the Senator from Kentucky (Mr. PAUL) Since 1998, Congress has understood At the request of Mr. HARKIN, the were added as cosponsors of S. 1009, a this fact and has suspended the limita- name of the Senator from Rhode Island bill to rescind certain Federal funds tion. Unfortunately, the provision has (Mr. WHITEHOUSE) was added as a co- identified by States as unwanted and never been made permanent. It has just sponsor of S. 800, a bill to amend the use the funds to reduce the Federal been extended year after year as part Safe, Accountable, Flexible, Efficient debt. of the Tax Extenders Package. Since Transportation Equity Act: A Legacy S. 1014 we have had this suspension on the for Users to reauthorize and improve At the request of Mrs. FEINSTEIN, the books for more than a decade, I think the safe routes to school program. name of the Senator from California it is time to give producers the predict- S. 838 (Mrs. BOXER) was added as a cosponsor ability they need by making this com- At the request of Mr. TESTER, the of S. 1014, a bill to provide for addi- mon sense tax accounting provision name of the Senator from Idaho (Mr. tional Federal district judgeships. permanent. CRAPO) was added as a cosponsor of S. S. RES. 180 At a time when our unemployment 838, a bill to amend the Toxic Sub- At the request of Mr. LIEBERMAN, the rate is at 9 percent, we need to be doing stances Control Act to clarify the ju- names of the Senator from Michigan everything we can to encourage eco- risdiction of the Environmental Pro- (Mr. LEVIN) and the Senator from Ar- nomic growth. The energy industry is a tection Agency with respect to certain kansas (Mr. PRYOR) were added as co- major contributor to our economy, and sporting good articles, and to exempt sponsors of S. Res. 180, a resolution ex- it has a lot of room to grow. The Con- those articles from a definition under pressing support for peaceful dem- gressional Research Service recently that Act. onstrations and universal freedoms in released a report that says the United S. 906 Syria and condemning the human States has the most energy potential under its soil than any other country At the request of Mr. WICKER, the rights violations by the Assad regime. name of the Senator from Idaho (Mr. f on earth. Hiding beneath our soil are jobs, wealth, and lower deficits. We CRAPO) was added as a cosponsor of S. STATEMENTS ON INTRODUCED 906, a bill to prohibit taxpayer funded should allow this sector to grow. This BILLS AND JOINT RESOLUTIONS is a common sense, easy way to do this, abortions and to provide for conscience ON MAY 17, 2011 protections, and for other purposes. so I urge swift passage. By Mr. INHOFE: S. 946 S. 1007. A bill to amend the Internal By Mr. INHOFE: At the request of Mr. BAUCUS, the Revenue Code of 1986 to eliminate the S. 1008. A bill to amend the Internal name of the Senator from New Mexico taxable income limit on percentage de- Revenue Code of 1986 to permanently (Mr. UDALL) was added as a cosponsor pletion for oil and natural gas produced extend the depreciation rules for prop- of S. 946, a bill to establish an Office of from marginal properties; to the Com- erty used predominantly within an In- Rural Education Policy in the Depart- mittee on Finance. dian reservation; to the Committee on ment of Education. Mr. INHOFE. Mr. President, I would Finance. S. 954 like to announce the reintroduction of Mr. INHOFE. Mr. President, I would At the request of Mr. LUGAR, the a bill to amend the Internal Revenue like to bring to your attention a bill I name of the Senator from Florida (Mr. Code to eliminate the taxable income am reintroducing that would make per- RUBIO) was added as a cosponsor of S. limit on percentage depletion for oil manent the current tax provision that 954, a bill to promote the strengthening and natural gas produced from mar- allows capital assets on Indian lands to of the Haitian private sector. ginal properties. be depreciated on an accelerated sched- S. 979 Since 1926 small producers and mil- ule. At the request of Mr. DURBIN, the lions of royalty owners have had the For many years, the Federal tax code name of the Senator from California option to utilize percentage depletion has provided an incentive for busi- (Mrs. BOXER) was added as a cosponsor to both simplify their accounting nesses to invest in operations on Indian of S. 979, a bill to designate as wilder- methodology and to account for the de- reservations and lands across the coun- ness certain Federal portions of the red cline in the value of minerals produced try. According to the law, businesses rock canyons of the Colorado Plateau from a property. Percentage depletion that purchase capital equipment and and the Great Basin Deserts in the is particularly important to America’s use it on Indian lands will be able to State of Utah for the benefit of present 611,000 low-volume marginal wells. The depreciate it, on average, more than 40 and future generations of people in the average marginal well produces barely percent faster than would otherwise be United States. 2 barrels per day, yet cumulatively allowed. they account for nearly 28 percent of This tax provision is important to S. 996 domestic production in the lower 48 Oklahoma because of our longstanding At the request of Mr. ROCKEFELLER, States. Since every on-shore natural history and unique relationship with the name of the Senator from Pennsyl- gas and oil well eventually declines Indian tribes. In light of the weak and vania (Mr. CASEY) was added as a co- into marginal production, the eco- ongoing economic recovery, we need to sponsor of S. 996, a bill to amend the nomic life span and corresponding pro- be doing all that we can to encourage Internal Revenue Code of 1986 to extend duction of all wells is extended by al- businesses to reinvest in and expand the new markets tax credit through lowing the use of percentage depletion. their operations. This alone is what 2016, and for other purposes. Until 1998, the deduction marginal will create sustainable job growth. S. 1000 producers could take from percentage The accelerated depreciation sched- At the request of Mrs. SHAHEEN, the depletion was limited to 100 percent of ule helps do that by giving businesses name of the Senator from Delaware taxable income from each individual the opportunity to recover investment (Mr. COONS) was added as a cosponsor property. Many producers, however, dollars in capital assets more rapidly. of S. 1000, a bill to promote energy sav- specialize in marginally producing This frees up capital and allows compa- ings in residential and commercial wells and have many properties oper- nies to reinvest that money more buildings and industry, and for other ating simultaneously. Naturally, some quickly than would have otherwise purposes. wells in a producer’s portfolio are more been possible. This is money that S. 1009 productive than others. Some would would have been tied up in the value of At the request of Mr. RUBIO, the have depletion rates greater than 100 their capital assets, things like build- names of the Senator from New Hamp- percent of taxable income, while others ings, equipment, and machinery. shire (Ms. AYOTTE), the Senator from would have depletion rates lower than According to the Oklahoma Depart- Wyoming (Mr. BARRASSO), the Senator the limit. Removing the taxable in- ment of Commerce, 96 companies in from Oklahoma (Mr. COBURN), the Sen- come limitation allows producers to Oklahoma announced $1.7 billion of in- ator from Wisconsin (Mr. JOHNSON), the take percentage depletion deductions vestments during the 2009–2010 period, Senator from Utah (Mr. LEE), the Sen- on a portfolio-wide basis, which makes creating an estimated 10,500 jobs. The ator from Louisiana (Mr. VITTER) and their entire operation more efficient. trickledown effect of these investments

VerDate Mar 15 2010 00:53 May 19, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\CR\FM\A18MY6.018 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3108 CONGRESSIONAL RECORD — SENATE May 18, 2011 is strong: 12,000 additional jobs and ad- tap into their savings in times of hard- Finally, the bill would ban products ditional capital stock investments of ship through withdrawals and loans. that promote leakage, such as the over $200 million. Companies enjoyed During these difficult economic 401(k) debit card. By offering a 401(k) at least $50 million in economic incen- times, we are increasingly seeing 401(k) debit card, plans send the message that tives as a direct result of the acceler- funds being treated as rainy day funds, it is okay to use your retirement sav- ated depreciation schedule. as participants take out withdrawals ings for every day purchases, despite The Oklahoma Department of Com- and loans. According to a recent study the fact that the high fees associated merce has also reported that many by Aon Hewitt, as of the end of 2010, with its use will drastically diminish companies attribute this provision as a about 28 percent of active participants their savings. key reason for relocating to and ex- in defined contribution plans had an I look forward to working with my panding within the State. One Okla- outstanding loan. This is a record high. colleagues to pass this important legis- homa food processing plant manager Withdrawals from defined contribution lation. recently stated that the credit was a plans also have increased since the 2008 Mr. President, I ask unanimous con- significant factor in the company’s de- financial crisis. This leakage from sent that the text of the bill be printed cision to expand. Had the credit not these plans can significantly reduce in the RECORD. There being no objection, the text of been there, the business may not have workers’ savings and put their retire- the bill was ordered to be printed in expanded, and the unemployment rate ment security at risk. the RECORD, as follows: would be worse than it is today. To determine how to best tackle the The accelerated schedule is currently issue of leakage from retirement plans, S. 1020 allowed, but the law states that it will the Special Committee on Aging, of Be it enacted by the Senate and House of Rep- resentatives of the United States of America in expire at the end of this year. While which I chair, held a hearing in July Congress assembled, the provision has typically been re- 2008 entitled, ‘‘Saving Smartly for Re- SECTION 1. SHORT TITLE. newed each year, many business lead- tirement: Are Americans Being En- This Act may be cited as the ‘‘Savings En- ers have expressed concern that it is couraged to Break Open the Piggy hancement by Alleviating Leakage in 401(k) not permanent. I can understand why. Bank?.’’ The Committee also requested Savings Act of 2011’’ or the ‘‘SEAL 401(k) As a former businessman myself, I un- a GAO report entitled, ‘‘401(k) Plans: Savings Act’’. derstand the problem of unpredict- Policy Changes Could Reduce the SEC. 2. EXTENDED ROLLOVER PERIOD FOR THE ROLLOVER OF PLAN LOAN OFFSET ability. More and more, unpredict- Long-term Effects of Leakage on AMOUNTS IN CERTAIN CASES. ability is the most serious concern I Workers’ Retirement Savings,’’ which (a) IN GENERAL.—Paragraph (3) of section hear of from Oklahoma’s business lead- was released in August 2009. 402(c) of the Internal Revenue Code of 1986 is ers. They are frustrated that many The SEAL 401(k) Savings Act builds amended by adding at the end the following government policies, ranging from en- on the recommendations the Com- new subparagraph: vironmental regulations to the tax mittee received from witnesses during ‘‘(C) ROLLOVER OF CERTAIN PLAN LOAN OFF- code, are changing so dramatically our hearing and from the GAO and SET AMOUNTS.— would reduce leakage and increase re- ‘‘(i) IN GENERAL.—In the case of a qualified that they have no way of estimating plan loan offset amount, paragraph (1) shall how the new regulations will impact tirement savings. First, the bill would not apply to any transfer of such amount their businesses. How do you expect extend the time workers have to repay made after the due date (including exten- anyone to make investment decisions loans. When an employee with a 401(k) sions) for filing the return of tax for the tax- in that kind of environment? Busi- plan loan loses his job, he generally is able year in which such amount is treated as nesses need stability, and this is par- put to the choice of defaulting on his distributed from a qualified employer plan. ticularly true during times of eco- outstanding loan and incurring tax ‘‘(ii) QUALIFIED PLAN LOAN OFFSET nomic weakness. We in Congress should penalties or immediately repaying the AMOUNT.—For purposes of this subparagraph, entire outstanding loan balance. Pay- the term ‘qualified plan loan offset amount’ take this point seriously, and we can means a plan loan offset amount which is take a step in the right direction by ing back a loan after just losing your treated as distributed from a qualified em- making permanent this important tax job can be difficult so our bill would ployer plan to a participant or beneficiary provision. I urge swift passage. give people more time. solely by reason of— f While having access to a loan in an ‘‘(I) the termination of the qualified em- emergency is an important feature for ployer plan, or STATEMENTS ON INTRODUCED many participants, a 401(k) savings ac- ‘‘(II) the failure to meet the repayment BILLS AND JOINT RESOLUTIONS count should not be used as a piggy terms of the loan from such plan because of By Mr. KOHL (for himself and bank for revolving loans. Also, the ad- the separation from service of the partici- ministrative burden of managing mul- pant (whether due to layoff, cessation of Mr. ENZI): business, termination of employment, or S. 1020. A bill to amend the Internal tiple loans for a few individuals can in- otherwise). Revenue Code of 1986 to modify the crease the costs for all workers in a ‘‘(iii) PLAN LOAN OFFSET AMOUNT.—For pur- rules relating to loans made from a plan. The SEAL Act reduces the over- poses of clause (ii), the term ‘plan loan offset qualified employer plan, and for other all number of loans that participants amount’ means the amount by which the purposes; to the Committee on Fi- can take to three at one time. Cur- participant’s accrued benefit under the plan nance. rently employers determine the num- is reduced in order to repay a loan from the Mr. KOHL. Mr. President, today I am ber of loans available, and many em- plan. introducing the Savings Enhancement ployers, like the Federal Thrift Sav- ‘‘(iv) LIMITATION.—This subparagraph shall not apply to any plan loan offset amount un- by Alleviating Leakage in 401(k) Sav- ings Program, have chosen to restrict less such plan loan offset amount relates to ings Act of 2011, otherwise known as the number of loans to reduce leakage a loan to which section 72(p)(1) does not the SEAL 401(k) Savings Act. This bill, and overall cost. apply by reason of section 72(p)(2). which I introduce together with my The bill also would allow 401(k) par- ‘‘(v) QUALIFIED EMPLOYER PLAN.—For pur- friend Senator MIKE ENZI, will reduce ticipants to continue to make addi- poses of this subsection, the term ‘qualified leakage from retirement plans and help tional contributions during the 6 employer plan’ has the meaning given such ensure that retirement savings in de- months following a hardship with- term by section 72(p)(4).’’. drawal. Currently, after an employee (b) CONFORMING AMENDMENT.—Subpara- fined contribution plans last through- graph (A) of section 402(c)(3) of the Internal out retirement. takes a withdrawal from a 401(k) plan Revenue Code of 1986 is amended by striking With the recent shift from defined due to a hardship, he or she is prohib- ‘‘subparagraph (B)’’ and inserting ‘‘subpara- benefit retirement savings plans to ited from making contributions to the graphs (B) and (C)’’. 401(k)-type defined contribution plans, plan and all other plans maintained by (c) EFFECTIVE DATE.—The amendments many Americans are now responsible the employer for at least six months. made by this section shall apply to transfers for making the proactive decision to This loss of both employee contribu- made after the date of the enactment of this save for their retirement. These deci- tions and company matching contribu- Act. SEC. 3. MODIFICATION OF RULES GOVERNING sions include how much to save and tions during this period can exacerbate HARDSHIP DISTRIBUTIONS. where to invest their savings. Mean- the long-term negative effects on re- Not later than 1 year after the date of the while, they also must resist the urge to tirement savings. enactment of this Act, the Secretary of the

VerDate Mar 15 2010 00:53 May 19, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\CR\FM\A18MY6.026 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3109 Treasury shall modify Treasury Regulation back. AonHewitt released a report this loans agreed upon was 3 outstanding section 1.401(k)—1(d)(3)(iv)(E) to— week showing that unpaid loans, with- loans at any time. Some believed that (1) delete the prohibition imposed by para- drawals and cashouts of 401(k) monies, we should match the Thrift Savings graph (2) thereof, and otherwise known as ‘‘leakage,’’ can Plan, however, we believe that busi- (2) to make any other modifications nec- essary to carry out the purposes of section have a substantial effect on how much nesses need to reduce administrative 401(k)(2)(B)(i)(IV) of the Internal Revenue money ultimately will be there for re- costs but they should be able to pro- Code of 1986. tirement. According to the AonHewitt vide flexibility to their workers. The SEC. 4. QUALIFIED EMPLOYER PLANS PROHIB- report, an individual who ceases to bill also would restrict the use of credit ITED FROM MAKING LOANS make loan repayments during the loan and/or debit card loans on 401(k) ac- THROUGH CREDIT CARDS AND term is expected to erode future retire- counts. Again, these types of loans pull OTHER SIMILAR ARRANGEMENTS. ment income by 10 to 13 percent. If the money out in ‘‘reserve’’ so that individ- (a) IN GENERAL.—Paragraph (2) of section 72(p) of the Internal Revenue Code of 1986 is individual has two loans and payments uals can tap the reserve at any time. amended by redesignating subparagraph (D) are not made then the reduction in re- However, the extra administrative as subparagraph (E) and by inserting after tirement savings nearly doubles. In the costs and fees are burdensome to busi- subparagraph (C) the following new subpara- event of a complete default of the loan, nesses and to their workers. graph: then the monies are permanently gone Overall, the SEAL bill is the first ‘‘(D) PROHIBITION OF LOANS THROUGH CREDIT from the retirement system. step in helping to provide flexibility CARDS AND OTHER SIMILAR ARRANGEMENTS.— Today, I join the Chairman of the for individuals and plan structure to Subparagraph (A) shall not apply to any loan Senate Aging Committee, Senator help keep retirement monies in retire- which is made through the use of any credit ment savings accounts. I look forward card or any other similar arrangement.’’ KOHL, in taking the first step in help- (b) EFFECTIVE DATE.—The amendments ing to stop leakage in the retirement to working with Chairman KOHL in made by this section shall apply to plan system. Chairman KOHL held a hearing moving this important piece of retire- years beginning after the date which is 60 on this very issue and had the Govern- ment savings legislation. I also look days after the date of the enactment of this ment Accountability Office, GAO, re- forward to working with my colleagues Act. search and come up with recommenda- to improve and add other items to help SEC. 5. LIMITATION ON NUMBER OF LOANS FROM tions to stop retirement savings leak- reduce leakage in 401(k) retirement QUALIFIED EMPLOYER PLANS WHICH MAY BE OUTSTANDING WITH age. The bill we introduce today, The savings and to help our Nation’s work- RESPECT TO ANY PARTICIPANT OR Savings Enhancement by Alleviating ers and their families have their money BENEFICIARY. Leakage in 401(k) Pension Act also there for them at retirement. Each (a) IN GENERAL.—Paragraph (2) of section known as the SEAL Act, is based upon step that we take to stop leakage will 72(p) of the Internal Revenue Code of 1986, as mean that individuals will be more fi- amended by section 4, is amended by redesig- those initial GAO recommendations. nating subparagraph (E) as subparagraph (F) The SEAL Act takes the first steps nancial secure in retirement. in helping workers and their families and by inserting after subparagraph (D) the By Mr. REID: following new subparagraph: to pay back loans from 401(k) accounts S. 1022. A bill to extend expiring pro- ‘‘(E) EXCEPTION ONLY TO APPLY TO 3 when a worker leaves a job. Typically, LOANS.—Subparagraph (A) shall not apply to when a worker separates from an em- visions of the USA PATRIOT Improve- any loan made after the date of the enact- ployer any outstanding 401(k) loan ment and Reauthorization Act of 2005 ment of this subparagraph if, immediately must be paid back immediately or suf- and the Intelligence Reform and Ter- after such loan is made, the number of out- fer tax penalties. The SEAL Act would rorism Prevention Act of 2004 until De- standing loans from the plan to the partici- cember 31, 2014, and for other purposes; pant or beneficiary exceeds 3.’’. allow for a greater period of time for the loan to be paid back thereby help- read the first time. (b) EFFECTIVE DATE.—The amendments Mr. REID. Mr. President, I ask unan- made by this section shall apply to loans ing families to pay back the loan and imous consent that the text of the bill made after the date which is 1 year after the allowing the monies to be put back be printed in the RECORD. date of the enactment of this Act. into their retirement savings and avoid There being no objection, the text of Mr. ENZI. Mr. President, in February the tax penalty. the bill was ordered to be printed in the Committee on Health, Education, The bill also would remove the prohi- the RECORD, as follows: Labor, and Pensions held a hearing on bition against individuals from making S. 1022 the success of the automatic enroll- contributions to their 401(k) accounts ment provisions of the Pension Protec- in the following 6 months after a hard- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in tion Act of 2006 which helped millions ship loan has been made. Situations Congress assembled, of workers and their families access to where hardship loans are made are SECTION 1. SHORT TITLE. a 401(k) retirement savings accounts. some of the most stressful times for in- This Act may be cited as the ‘‘PATRIOT Because of the Pension Protection Act, dividuals and their families. If they Sunsets Extension Act of 2011’’. we greatly expanded retirement sav- have the ability and means to continue SEC. 2. SUNSET EXTENSIONS. ings and individuals ability to put to contribute to their 401(k) accounts (a) USA PATRIOT IMPROVEMENT AND RE- money away for their golden years. then they should be provided that op- AUTHORIZATION ACT OF 2005.—Section 102(b)(1) Just last week, Fidelity Investments tion. The bill gives them the option to of the USA PATRIOT Improvement and Re- released a report that employer-spon- continue to save for retirement even in authorization Act of 2005 (Public Law 109–177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 sored retirement plans with an auto- dire circumstances. U.S.C. 1862 note) is amended by striking matic enrollment feature have an over- Finally, the bill would provide struc- ‘‘May 27, 2011’’ and inserting ‘‘December 31, all participation rate of 82 percent tural changes to 401(k) plans to help 2014’’. compared with only 56 percent without businesses keep down administrative (b) INTELLIGENCE REFORM AND TERRORISM automatic enrollment. The Fidelity re- costs and extra fees. Currently, the In- PREVENTION ACT OF 2004.—Section 6001(b)(1) port also indicated that average ac- ternal Revenue Code permits busi- of the Intelligence Reform and Terrorism count balances for 401(k) and similar nesses to structure retirement plans Prevention Act of 2004 (Public Law 108–458; 50 with an unlimited amount of loans per U.S.C. 1801 note) is amended by striking retirement accounts have reached an ‘‘May 27, 2011’’ and inserting ‘‘December 31, all-time high. This is some good news individual but an individual cannot 2014’’. to show that workers and their fami- take more than 50 percent of their re- lies retirement accounts are coming tirement account balances in loans up By Mr. DURBIN (for himself, Ms. back from the economic distress of just to $50,000 for all outstanding loans. The COLLINS, and Mr. KERRY): a few years ago. Federal Government’s Thrift Savings S. 1023. A bill to authorize the Presi- While our Nation’s 401(k) retirement Plan has a limit of two outstanding dent to provide assistance to the Gov- system is providing greater opportuni- loans, one personal loan and one loan ernment of Haiti to end within 5 years ties for individuals to save, there is for the purchase of a house, at any the deforestation in Haiti and restore still room for improvement. Recent time. We consulted with retirement ex- within 30 years the extent of tropical studies have shown that money saved perts, mutual funds and retirement forest cover in existence in Haiti in in 401(k) accounts sometimes ‘‘leaks’’ service providers and virtually all 1990, and for other purposes; to the out of the system and is never put agreed that the optimal number of Committee on Foreign Relations.

VerDate Mar 15 2010 01:59 May 19, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\CR\FM\A18MY6.022 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3110 CONGRESSIONAL RECORD — SENATE May 18, 2011 Mr. DURBIN. Mr. President, I ask (13) tropical forests provide forest cover to (ii) the increase of tree cover through plan- unanimous consent that the text of the soften the effect of heavy rains and reduce tations. bill be printed in the RECORD. erosion by anchoring the soil with their (2) AGROFORESTRY.— There being no objection, the text of roots; (A) IN GENERAL.—The term ‘‘agroforestry’’ (14) when trees are cleared, rainfall runs off refers to systems in which perennial trees or the bill was ordered to be printed in the soil more quickly and contributes to shrubs are integrated with crops or live- the RECORD, as follows: floods and further erosion; stock, and where perennials constitute a S. 1023 (15) in 2004, Hurricane Jeanne struck Haiti, minimum 10 percent of ground cover. Be it enacted by the Senate and House of Rep- killing approximately 3,000, and affecting (B) INCLUSION.—Actual forest cover result- resentatives of the United States of America in over 200,000, people, partly because deforest- ing from agroforestry programs can be Congress assembled, ation had resulted in the clearing of large counted toward the total forest cover goal SECTION 1. SHORT TITLE. hillsides, which enabled rainwater to run off set forth in section (2)(b). This Act may be cited as the ‘‘Haiti Refor- directly to settlements located at the bot- (3) APPROPRIATE COMMITTEES OF CON- estation Act of 2011’’. tom of the slopes; GRESS.—The term ‘‘appropriate committees (16) research conducted by the United Na- SEC. 2. FINDINGS; PURPOSE. of Congress’’ means— tions Environmental Programme has re- (a) FINDINGS.—Congress finds that— (A) the Committee on Foreign Relations vealed a direct (89 percent) correlation be- (1) the established policy of the Federal and the Committee on Appropriations of the tween the extent of the deforestation of a Government is to support and seek protec- Senate; and country and the incidence of victims per tion of tropical forests around the world; (B) the Committee on Foreign Affairs and weather event in the country; (2) tropical forests provide a wide range of the Committee on Appropriations of the (17) the consequences of the January 2010 benefits by— House of Representatives. earthquake in Haiti, which destroyed much (A) harboring a major portion of the bio- (4) DEFORESTATION.—The term ‘‘deforest- of the infrastructure of Port au Prince, were logical and terrestrial resources of Earth and ation’’ refers to the conversion of forest to greater because of deforestation which re- providing habitats for an estimated 10,000,000 another land use or the long term reduction duced hillside stability and increased the to 30,000,000 plant and animal species, includ- of the tree canopy. likelihood of mudslides, soil erosion, and ing species essential to medical research and (5) FOREST.— flooding—factors that also negatively im- (A) IN GENERAL.—The term ‘‘forest’’ means agricultural productivity; pacted the water supply and heightened con- (B) playing a critical role as carbon sinks a terrestrial ecosystem containing native cerns for the spread of waterborne diseases; tree species generated and maintained pri- that reduce greenhouse gases in the atmos- (18) finding economic benefits for local phere, as 1 hectare of tropical forest can ab- marily through natural ecological and evolu- communities from sustainable uses of trop- tionary processes. sorb up to approximately 3 tons of carbon di- ical forests is critical for the long-term pro- oxide per year, thus moderating potential (B) EXCLUSION.—The term ‘‘forest’’ does tection of the tropical forests in Haiti; not include plantations, such as crops of global climate change; and (19) On July 29, 2010, the Supplemental Ap- (C) regulating hydrological cycles upon trees planted primarily by humans for the propriations Act of 2010 (Public Law 111–212) purposes of harvesting. which agricultural and coastal resources de- was enacted into law, which included (6) REFORESTATION.— pend; $25,000,000 for ‘‘the reforestation and other (A) IN GENERAL.—The term ‘‘reforestation’’ (3) tropical forests are also a key factor in restoration of Haiti’s’ key watersheds’’; and refers to the establishment of forest on lands reducing rates of soil loss, particularly on (20) tropical reforestation efforts would that were previously considered as forest, hilly terrain; provide new sources of jobs, income, and in- but which have been deforested. (4) while international efforts to stem the vestments in Haiti by— (B) INCLUSION.—The term ‘‘reforestation’’ tide of tropical deforestation have acceler- (A) providing employment opportunities in includes the increase of tree cover through ated during the past 2 decades, the rapid rate tree seedling programs, contract tree plant- plantations. of tropical deforestation continues unabated; ing and management, sustainable agricul- (5) in 1923, over 60 percent of the land of tural initiatives, sustainable and managed TITLE I—FORESTATION AND WATERSHED Haiti was forested but, by 2006, that percent- timber harvesting, and wood products mill- MANAGEMENT ASSISTANCE TO GOVERN- age had decreased to less than 2 percent; ing and finishing services; and MENT OF HAITI (6) during the period beginning in 2000 and (B) enhancing community enterprises that ending in 2005, the deforestation rate in Haiti generate income through the trading of sus- SEC. 101. FORESTATION ASSISTANCE. accelerated by more than 20 percent over the tainable forest resources, many of which (a) AUTHORITY.— deforestation rate in Haiti during the period exist on small scales in Haiti and in the rest (1) IN GENERAL.—In accordance with sec- beginning in 1990 and ending in 1999; of the region. tion 117 of the Foreign Assistance Act of 1961 (7) as a result, during the period described (b) PURPOSE.—The purpose of this Act is to (22 U.S.C. 2151p) and consistent with the pro- in paragraph (6), Haiti lost— provide assistance to the Government of visions of paragraph (2), the President is au- (A) nearly 10 percent (approximately 11,000 Haiti to develop and implement, or improve, thorized to provide assistance to the Govern- hectares) of the forest cover of Haiti; and nationally appropriate policies and actions— ment of Haiti in the form of financial assist- (B) approximately 22 percent of the total (1) to reduce deforestation and forest deg- ance, technology transfers, or capacity forest and woodland habitat of Haiti; radation in Haiti; building assistance for the conduct of activi- (8) poverty and economic pressures are— (2) to increase annual rates of afforestation ties to develop and implement 1 or more for- (A) two factors that underlie the tropical and reforestation in a measurable, report- estation proposals under paragraph (2)— deforestation of Haiti; and able, and verifiable manner— (A) to reduce the deforestation of Haiti; (B) manifested particularly through the (A) to restore social and economic condi- and clearing of vast areas of forest for conversion tions for environmental recovery of 35 per- (B) to increase the rates of afforestation to agricultural uses; cent of Haiti’s land surface area within 5 and reforestation in Haiti. (9) 80 percent of the population of Haiti years after the date of enactment of this (2) PROPOSALS.— lives below the poverty line; Act; (A) IN GENERAL.—Assistance under this (10) two-thirds of the population of Haiti (B) to restore within 30 years after the date title may be provided to the Government of depend on the agricultural sector, which con- of enactment of this Act the forest cover of Haiti to implement one or more proposals sists mainly of small-scale subsistence farm- Haiti to at least 10 percent of the land in that contain— ing; Haiti; and (i) a description of each policy and initia- (11) 60 percent of the population of Haiti (C) to establish within 10 years after the tive to be carried out using the assistance; relies on charcoal produced from cutting date of enactment of this Act agroforestry (ii) adequate documentation to ensure, as down trees for cooking fuel; cover of land in Haiti to more than 25 per- determined by the President, that— (12) soil erosion represents the most direct cent; and (I) each policy and initiative will be— effect of the deforestation of Haiti, as the (3) to improve sustainable resource man- (aa) carried out and managed in accord- erosion has— agement at the watershed scale. ance with widely accepted environmentally (A) lowered the productivity of the land SEC. 3. DEFINITIONS. sustainable forestry and agricultural prac- due to the poor soils underlying the tropical In this Act: tices; and forests; (1) AFFORESTATION.— (bb) designed and implemented in a man- (B) worsened the severity of droughts and (A) IN GENERAL.—The term ‘‘afforestation’’ ner by which to improve the governance of flooding events; means the establishment of a new forest forests by building governmental capacity to (C) led to further deforestation; through the seeding of, or planting of tress be more transparent, inclusive, accountable, (D) significantly decreased the quality and, on, a parcel of nonforested land. and coordinated in decisionmaking processes as a result, quantity of freshwater and clean (B) INCLUSION.—The term ‘‘afforestation’’ and the implementation of the policy or ini- drinking water available to the population of includes— tiative; and Haiti; and (i) the introduction of a tree species to a (II) the proposals will further establish and (E) increased the pressure on the remain- parcel of nonforested land of which the spe- enforce legal regimes, standards, and safe- ing land and trees in Haiti; cies is not a native species; and guards designed to ensure that members of

VerDate Mar 15 2010 00:53 May 19, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\CR\FM\A18MY6.032 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3111 local communities in affected areas, as part- (C) independent and participatory forest (2) promoting effective participation by ners and primary stakeholders, will be en- monitoring; and local communities in the design, implemen- gaged in the design, planning, implementa- (4) the development of and coordination tation, and independent monitoring of each tion, monitoring, and evaluation of the poli- with watershed restoration programs in policy and initiative; and cies and initiatives; and Haiti, including— (3) promoting, consistent with supporting (iii) a description of how the proposal or (A) agreements with the Government of the sustainability of forestation activities, proposals support and aid forest restoration Haiti, nongovernmental organizations, or enhanced watershed governance, national efforts consistent with the purpose set forth private sector partners to provide technical planning, and community action programs in section 2(b). assistance, capacity building, or technology that lead to increased— (B) DETERMINATION OF COMPATIBILITY WITH transfers which support the environmental (A) development of a national watershed CERTAIN PROGRAMS.—In evaluating each pro- recovery of Haiti’s watersheds through forest management policy for Haiti with the Inter- posal under subparagraph (A), the President restoration activities, provided that the as- Ministerial Committee for Land Manage- shall ensure that each policy and initiative sistance will help strengthen economic driv- ment, the Ministry of Environment, Min- described in the proposal submitted by the ers of sustainable resource management, re- istry of Agriculture, and the Ministry of Government of Haiti under that subpara- duce environmental vulnerability, and im- Planning and External Cooperation; graph is compatible with— prove governance, planning, and community (B) establishment of an effective forum for (i) broader development, poverty allevi- action of watersheds in Haiti; donor coordination related to management ation, sustainable energy usage, and natural (B) actions to support economic incentives and reforestation in Haiti; resource conservation objectives and initia- for sustainable resource management, may (C) support for the National Center for tives in Haiti; including enhanced incentives for the re- Geospatial Information (CNIGS) to provide (ii) the development, poverty alleviation, placement of annual hillside cropping with technology, data, and monitoring support for disaster risk management, and climate resil- perennial and non-erosive production sys- improved watershed and forest resource ience programs of the United States Agency tems; management at a national scale in Haiti; and for International Development, including (C) enhanced extension services supporting (D) development of effective governance those involving technical support from the the sustainable intensification of agriculture structures in Haiti for stakeholder engage- United States Forest Service; and to increase farmer incomes and reduce pres- ment, coordination of approaches, and land (iii) activities of international organiza- sure on degraded land; and use planning and disaster mitigation at the tions and multilateral development banks. (D) investments in watershed infrastruc- watershed scale. (b) ELIGIBLE ACTIVITIES.—Any assistance ture to reduce environmental vulnerability, received by the Government of Haiti under TITLE II—GRANTS FOR REFORESTATION including the establishment of appropriate subsection (a)(1) shall be conditional upon SEC. 201. REFORESTATION GRANT PROGRAM. erosion control measures through reforest- development and implementation of a pro- (a) ESTABLISHMENT.—The President is au- ation activities in targeted watersheds or posal under subsection (a)(2), which may in- thorized to establish a grant program to clude— sub-watersheds. carry out the purposes of this Act, including (1) the provision of technologies and asso- (c) DEVELOPMENT OF PERFORMANCE reversing deforestation and improving refor- ciated support for activities to reduce defor- METRICS.— estation and afforestation in Haiti. estation or increase afforestation and refor- (1) IN GENERAL.—If the President provides (b) GRANTS AUTHORIZED.— estation rates, including— assistance under subsection (a)(1), the Presi- (1) IN GENERAL.—The President is author- (A) fire reduction initiatives; dent, in cooperation with the Government of ized to award grants and contracts to carry (B) forest law enforcement initiatives; Haiti, shall develop appropriate performance out projects that, in the aggregate, reverse (C) the development of timber tracking metrics to measure, verify, and report— deforestation and improve reforestation and systems; (A) the conduct of each policy and initia- afforestation. (D) the development of cooking fuel sub- tive to be carried out by the Government of (2) MAXIMUM AMOUNT.— stitutes; Haiti; (A) IN GENERAL.—Except as provided in (E) initiatives to increase agricultural pro- (B) the results of each policy and initiative subparagraph (B), the President may not ductivity; with respect to the tropical forests of Haiti; award a grant under this section in an (F) tree-planting initiatives; and and amount greater than $500,000 per year. (G) programs that are designed to focus on (C) each impact of each policy and initia- (B) EXCEPTION.—The President may award market-based solutions, including programs tive on the local communities of Haiti. a grant under this section in an amount that leverage the international carbon-offset (2) REQUIREMENTS.—Performance metrics greater than $500,000 per year if the Presi- market; developed under paragraph (1) shall, to the dent determines that the recipient of the (2) the enhancement and expansion of gov- maximum extent practicable, include short- grant has demonstrated success with respect ernmental and nongovernmental institu- term and long-term metrics to evaluate the to a project that was the subject of a grant tional capacity to effectively design and im- implementation of each policy and initiative under this section. plement a proposal developed under sub- contained in each proposal developed under (3) DURATION.—The President shall award section (a)(2) through initiatives, including— subsection (a)(2). grants under this section for a period not to (A) the establishment of transparent, ac- (d) REPORTS.— exceed 3 years. countable, and inclusive decision-making (1) INITIAL REPORT.—Not later than 18 (c) USE OF FUNDS.— processes relating to all stakeholders (in- months after the date of enactment of this (1) IN GENERAL.—Grants awarded pursuant cluding affected local communities); Act, the President shall submit to the appro- to subsection (b) may be used for activities (B) the promotion of enhanced coordina- priate committees of Congress a report that such as— tion among ministries and agencies respon- describes the actions that the President has (A) providing a financial incentive to pro- sible for agroecological zoning, mapping, taken, and plans to take— tect trees; land planning and permitting, sustainable (A) to engage with the Government of (B) providing hands-on management and agriculture, forestry, and law enforcement; Haiti, nongovernmental stakeholders, and oversight of replanting efforts; and public and private nonprofit organizations to (C) focusing on sustainable income-gener- (C) the clarification of land tenure and re- implement this section; and ating growth; source rights of affected communities, in- (B) to enter into agreements with the Gov- (D) providing seed money to start coopera- cluding local communities; ernment of Haiti under subsection (a)(1). tive reforestation and afforestation efforts (3) the development and support of institu- (2) BIENNIAL REPORTS.—Not later than 2 and providing subsequent conditional fund- tional capacity to measure, verify, and re- years after the date on which the President ing for such efforts contingent upon required port the activities carried out by the Gov- first provides assistance to the Government tree care and maintenance activities; ernment of Haiti to reduce deforestation and of Haiti under subsection (a)(1) and bienni- (E) promoting widespread use of improved increase afforestation and reforestation ally thereafter, the President shall submit to cooking stove technologies, to the extent rates through the use of appropriate meth- Congress a report that describes the progress that this does not result in the harvesting of ods, including— of the Government of Haiti in implementing tropical forest growth and other renewable (A) the use of best practices and tech- each policy and initiative contained in the fuel technologies that reduce deforestation nologies to monitor land use change in Haiti, proposal submitted under subsection (a)(2). and improve human health; and including changes in the extent of natural (e) ADDITIONAL ASSISTANCE.—The President (F) securing the involvement and commit- forest cover, protected areas, mangroves, is authorized to provide financial and other ment of local communities— agroforestry, and agriculture; assistance to the Government of Haiti, local (i) to protect tropical forests in existence (B) the monitoring of the impacts of poli- government bodies, or nongovernmental or- as of the date of enactment of this Act; and cies and initiatives on— ganizations for the purpose of— (ii) to carry out afforestation and reforest- (i) affected communities; (1) providing local communities informa- ation activities. (ii) the biodiversity of the environment of tion relating to each policy and initiative to (2) CONSISTENCY WITH PROPOSALS.—To the Haiti; and be carried out by the Government of Haiti maximum extent practicable, a project car- (iii) the health of the tropical forests of through funds made available under sub- ried out using grant funds shall support and Haiti; and section (a)(1); be consistent with the proposal developed

VerDate Mar 15 2010 00:53 May 19, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\CR\FM\A18MY6.032 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3112 CONGRESSIONAL RECORD — SENATE May 18, 2011 under section 101(a)(2) that is the subject of ee (or any subgrantee) of the grants referred SENATE RESOLUTION 189—RECOG- the project. to in section (a) may retain, without deposit NIZING AND HONORING HARMON (d) APPLICATION.— in the Treasury of the United States and KILLEBREW AND EXPRESSING (1) IN GENERAL.—To be eligible for a grant without further appropriation by Congress, THE CONDOLENCES OF THE SEN- under this section, an entity shall prepare interest earned on the proceeds of any re- and submit an application at such time, in sulting debt-for-nature exchange pending the ATE TO HIS FAMILY ON HIS such manner, and containing such informa- disbursements of such proceeds and interest DEATH tion as the President may reasonably re- for approved program purposes, which may quire. include the establishment of an endowment, Mr. CRAPO (for himself, Ms. (2) CONTENT.—Each application submitted the income of which is used for such pur- KLOBUCHAR, Mr. RISCH, and Mr. under paragraph (1) should be consistent poses. FRANKEN) submitted the following res- with the findings of the 2007 United States ‘‘(4) TERMINATION OF PROGRAM.—The au- olution; which was considered and Agency for International Development re- thority to make grants under the pilot pro- agreed to: port entitled, ‘‘Environmental Vulnerability gram shall terminate five years after the in Haiti: Findings and Recommendations’’, date of the enactment of this Act. The au- S. RES. 189 and shall include— thority may be renewed for one additional Whereas Harmon Clayton Killebrew was (A) a description of the objectives to be at- five-year period during the 30-year reforest- born on June 29, 1936, in Payette, Idaho; tained; ation period targeted by this Act if the Whereas Harmon Killebrew earned mul- (B) a description of the manner in which President determines and certifies to Con- tiple awards as an athlete in baseball, bas- the grant funds will be used; gress that the pilot program is effective in ketball, and football while at Payette High (C) a plan for evaluating the success of the meeting the goals of the Act and the com- School; project based on verifiable evidence; and mitment of the Government of Haiti to re- Whereas at the age of 17, Harmon Kille- (D) to the extent that the applicant in- turning land in Haiti to long-term sustain- brew signed his first professional baseball tends to use nonnative species in able forests. The cumulative duration of the contract with the Washington Senators; afforestation efforts, an explanation of the pilot program may not exceed ten total Whereas Harmon Killebrew credits then- benefit of the use of nonnative species over years.’’. United States Senator from the State of native species and verification that the spe- Idaho, Herman Welker, with recommending TITLE III—ADMINISTRATIVE PROVISION cies to be used are not invasive. to the Griffith family, then-Washington Sen- (3) PREFERENCE FOR CERTAIN PROJECTS.—In SEC. 301. DELEGATION. ators owners, that the Washington Senators awarding grants under this section, pref- The President (or the Administrator of the sign Killebrew; erence shall be given to applicants that pro- United States Agency for International De- Whereas Harmon Killebrew played his first pose— velopment or the Secretary of State as the 7 seasons of professional baseball in Wash- (A) to develop market-based solutions to President’s delegee) may draw, as appro- ington, D.C. before moving with the Wash- the difficulty of reforestation in Haiti, in- priate, on the expertise of the United States ington Senators franchise to the State of cluding the use of conditional cash transfers Forest Service in designing and imple- Minnesota in 1961, where the team was re- and similar financial incentives to protect menting programs pursuant to this Act re- named the Minnesota Twins; reforestation efforts; lating to reforestation, watershed restora- Whereas Harmon Killebrew played 14 sea- (B) to partner with local communities and tion, and monitoring of land use change. sons with the Minnesota Twins; cooperatives; and Whereas Harmon Killebrew hit the longest (C) to focus on efforts that build local ca- home run in the history of Metropolitan Sta- f pacity to sustain growth after the comple- dium, which hit a seat located 520 feet from tion of the underlying grant project. home plate that the Twins later painted red (e) DISSEMINATION OF INFORMATION.—The SUBMITTED RESOLUTIONS in honor of that historic shot; President shall collect and widely dissemi- Whereas while with the Minnesota Twins, nate information about the effectiveness of Harmon Killebrew made the All-Star Team the demonstration projects assisted under in 10 different seasons and competed in the this section. SENATE RESOLUTION 188—OPPOS- 1965 World Series, where the Minnesota SEC. 202. FOREST PROTECTION GRANTS. ING STATE BAILOUTS BY THE Twins fell in 7 games to the Los Angeles Chapter 7 of part I of the Foreign Assist- FEDERAL GOVERNMENT Dodgers; ance Act of 1961 (22 U.S.C. 2281 et seq.) is Whereas Harmon Killebrew earned the amended by inserting after section 466 the Mr. KIRK submitted the following American League’s Most Valuable Player following new section: resolution; which was referred to the award in 1969 when he led the league in both ‘‘SEC. 467. PILOT PROGRAM FOR HAITI. Committee on Banking, Housing, and home runs and runs batted in; Whereas Harmon Killebrew retired from ‘‘(a) SUBMISSION OF LIST OF AREAS OF SE- Urban Affairs: professional baseball in 1975, after playing 1 VERELY DEGRADED NATURAL RESOURCES.— S. RES. 188 The President, in cooperation with non- season with the Kansas City Royals; governmental conservation organizations, Whereas each State of the Union is a sov- Whereas uniform number 3, which Harmon shall invite the Government of Haiti to sub- ereign entity with a constitution and au- Killebrew wore while with the Minnesota mit a list of areas within the territory of thority to issue sovereign debt; Twins, has been retired by the Minnesota Haiti in which tropical forests are seriously Whereas the legislature of each State of Twins; degraded or threatened. the Union has the authority to reduce spend- Whereas as of 2011, Harmon Killebrew, with ‘‘(b) REVIEW OF LIST.—The President shall ing or raise taxes to pay the obligations to 573 career home runs, ranks 11th highest on assess the list submitted by the Government which the State has committed itself; the all-time career home run list of Major of Haiti under subsection (a) and shall seek Whereas the officials of each State of the League Baseball; to reach agreement with the Government of Union have the legal obligation to fully dis- Whereas Harmon Killebrew was elected to Haiti for the restoration and future sustain- close the financial condition of the State to the Baseball Hall of Fame in 1984; able use of those areas. investors who purchase the debt of such Whereas Harmon Killebrew remained ac- ‘‘(c) GRANT PROGRAM.— State; tive in many important charitable efforts ‘‘(1) GRANTS AUTHORIZED.—The President is Whereas Congress has rejected prior re- following the conclusion of his playing ca- authorized to make grants on such terms and quests from State creditors for payment of reer; conditions as may be necessary to non- defaulted State debt; and Whereas in 1977, Harmon Killebrew joined governmental organizations for the purchase Whereas during the financial crisis in 1842, with Ralph Harding, a former United States on the open market of discounted debt of the the Senate requested that the Secretary of Representative from the State of Idaho, in Government of Haiti, if a market is deter- State report any negotiations with State founding the Danny Thompson Memorial mined to be viable, in exchange for commit- creditors to assume or guaranty State debts, Golf Tournament, in honor of Danny Thomp- ments by the Government of Haiti to restore to ensure that no promises of Federal Gov- son, Harmon Killebrew’s former Minnesota tropical forests identified by the Govern- ernment support were proffered: Now, there- Twins teammate who died as a result of leu- ment under subsection (a) or for commit- fore, be it kemia in 1976; and ments to develop plans for sustainable use of Resolved, That— Whereas the efforts of Harmon Killebrew in such tropical forests. (1) the Federal Government should take no support of the annual Danny Thompson Me- ‘‘(2) MANAGEMENT OF PROTECTED AREAS.— action to redeem, assume, or guarantee morial Golf Tournament in the State of Each recipient of a grant under this sub- State debt; and Idaho generated more than $25,000,000 for leu- section shall participate in the ongoing man- (2) the Secretary of the Treasury should re- kemia and cancer research at St. Luke’s agement of the area or areas protected pur- port to Congress negotiations to engage in Mountain States Tumor Institute in Boise, suant to such grant. actions that would result in an outlay of Idaho and the University of Minnesota Can- ‘‘(3) RETENTION OF PROCEEDS.—Notwith- Federal funds on behalf of creditors to a cer Research Center: Now, therefore, be it standing any other provision of law, a grant- State. Resolved, That the Senate—

VerDate Mar 15 2010 00:53 May 19, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\CR\FM\A18MY6.032 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3113 (1) recognizes Harmon Killebrew as one of Indiana, United States motorsports, and the icy at the Office of Management and the greatest professional baseball players of United States automobile industry, and is a Budget. all time; great source of pride to all citizens of Indi- The Subcommittee hearing has been (2) honors Harmon Killebrew for his chari- ana: Now, therefore, be it scheduled for Tuesday, May 24, 2011, at table efforts to support leukemia and cancer Resolved, That the Senate recognizes the research; and 100th anniversary of the Indianapolis 500 2:30 p.m. in room 342 of the Dirksen (3) extends the deepest condolences of the Mile Race. Senate Office Building. For further in- Senate to the family of Harmon Killebrew. formation, please contact Elise Bean of f f the Permanent Subcommittee on In- AMENDMENTS SUBMITTED AND vestigations at (202) 224–9505. SENATE RESOLUTION 190—RECOG- PROPOSED NIZING THE 100TH ANNIVERSARY f OF THE INDIANAPOLIS 500 MILE SA 320. Mr. REID (for Mr. LIEBERMAN) pro- AUTHORITY FOR COMMITTEES TO RACE posed an amendment to the resolution S. MEET Res. 174, expressing the sense of the Senate Mr. LUGAR (for himself and Mr. that effective sharing of passenger informa- COMMITTEE ON FOREIGN RELATIONS COATS) submitted the following resolu- tion from inbound international flight mani- Mr. WARNER. Mr. President, I ask tion; which was considered and agreed fests is a crucial component of our national unanimous consent that the Com- to: security and that the Department of Home- mittee on Foreign Relations be author- land Security must maintain the informa- S. RES. 190 ized to meet during the session of the tion sharing standards required under the Whereas the Indianapolis Motor Speedway 2007 Passenger Name Record Agreement be- Senate on May 18, 2011, at 2:30 p.m., to is the largest spectator sporting facility in tween the United States and the European hold a European Affairs subcommittee the world, with more than 250,000 permanent Union. hearing entitled, ‘‘Administration Pri- seats; f orities for Europe in the 112th Con- Whereas founders Carl G. Fisher, Arthur C. gress.’’ Newby, Frank H. Wheeler, and James A. Al- TEXT OF AMENDMENTS lison pooled their resources in 1909 to build The PRESIDING OFFICER. Without the Indianapolis Motor Speedway 5 miles SA 320. Mr. REID (for Mr. objection, it is so ordered. from downtown Indianapolis as a testing LIEBERMAN) proposed an amendment to COMMITTEE ON HEALTH, EDUCATION, LABOR, ground to support the growing automotive the resolution S. Res 174, expressing AND PENSIONS industry of Indiana; the sense of the Senate that effective Mr. WARNER. Mr. President, I ask Whereas on August 14, 1909, the first mo- sharing of passenger information from unanimous consent that the Com- torized races, using motorcycles, took place mittee on Health, Education, Labor, on the recently completed 2.5-mile oval, inbound international flight manifests which had a racing surface composed of is a crucial component of our national and Pensions be authorized to meet crushed stone and tar; security and that the Department of during the session of the Senate on Whereas on August 19, 1909, the first 4- Homeland Security must maintain the March 18, 2011, at 2:20 p.m. wheeled automobile races at the Indianapolis information sharing standards required The PRESIDING OFFICER. Without Motor Speedway took place; under the 2007 Passenger Name Record objection, it is so ordered. Whereas for 63 days in late 1909, 3,200,000 Agreement between the United States COMMITTEE ON HOMELAND SECURITY AND paving bricks, each weighing 9.5 pounds, and the European Union; as follows: GOVERNMENTAL AFFAIRS were laid on top of the crushed stone and tar Mr. WARNER. Mr. President, I ask surface to upgrade the Indianapolis Motor In the 5th whereas clause of the preamble, Speedway, leading the facility to be nick- strike ‘‘an agreement to exchange passenger unanimous consent that the Com- named ‘‘The Brickyard’’; information’’ and insert ‘‘information shar- mittee on Homeland Security and Gov- Whereas a 3-foot horizontal strip of that ing agreements’’. ernmental Affairs be authorized to original brick remains exposed at the start In the 6th whereas clause of the preamble, meet during the session of the Senate and finish line, known as the ‘‘Yard of strike ‘‘international law and treaties have on May 18, 2011, at 9:45 a.m. Bricks’’; recognized’’ and insert ‘‘security and intel- The PRESIDING OFFICER. Without ligence experts recognize’’. Whereas on May 30, 1911, the first Indian- objection, it is so ordered. apolis 500 Mile Race took place and was won f by Ray Harroun at an average speed of 74.602 COMMITTEE ON THE JUDICIARY miles per hour; NOTICE OF HEARING Mr. WARNER. Mr. President, I ask Whereas the Indianapolis 500, the largest PERMANENT SUBCOMMITTEE ON INVESTIGATIONS unanimous consent that the Com- single-day spectator sporting event in the Mr. LEVIN. Mr. President, I would mittee on the Judiciary be authorized world, has occurred on every Memorial Day to meet during the session of the Sen- weekend since 1911, except during the in- like to announce for the information of the Senate and the public that the Per- ate, on May 18, 2011, at 10 a.m., in room volvement of the United States in world SD–226 of the Dirksen Senate Office wars from 1917 through 1918 and 1942 through manent Subcommittee on Investiga- 1945; tions of the Committee on Homeland Building, to conduct a hearing entitled Whereas in 1977, Janet Guthrie became the Security and Governmental Affairs has ‘‘Improving Efficiency and Ensuring first woman to compete in the Indianapolis scheduled a hearing entitled, ‘‘Stim- Justice in the Immigration Court Sys- 500; ulus Contractors Who Cheat on Their tem.’’ Whereas in 1991, Willy T. Ribbs became the Taxes: What Happened?’’ The Sub- The PRESIDING OFFICER. Without first African-American driver to compete in objection, it is so ordered. the Indianapolis 500; committee hearing will focus on the COMMITTEE ON VETERANS’ AFFAIRS Whereas the Indianapolis Motor Speedway, findings of the forthcoming Govern- by hosting the IZOD IndyCar Series, the ment Accountability Office Report en- Mr. WARNER. Mr. President, I ask NASCAR Sprint Cup Series, the MotoGP Se- titled Thousands of Recovery Act Con- unanimous consent that the Com- ries, and the Formula One Series, is the only tract and Grant Recipients Owe Hun- mittee on Veterans’ Affairs be author- facility in the world that has played host to dreds of Millions in Federal Taxes to ized to meet during the session of the these 4 elite worldwide racing series; examine how contractors with tax de- Senate on May 18, 2011. The committee Whereas every May since 1981 the Indian- linquencies received payments under will meet in room 418 of the Russell apolis Motor Speedway has served as the the American Recovery and Reinvest- Senate Office Building beginning at 10 backdrop for the annual Armed Forces In- a.m. duction Ceremony, in which citizens of Indi- ment Act, ARRA. The hearing will also ana who have volunteered to serve in the examine solutions to the problem, in- The PRESIDING OFFICER. Without Armed Forces are administered the oath of cluding denying Federal contract dol- objection, it is so ordered. enlistment; lars to subcontractors with serious tax SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS Whereas in 1987, the Indianapolis Motor delinquencies. Witnesses for the hear- Mr. WARNER. Mr. President, I ask Speedway was officially listed on the Na- ing will include Mr. Gregory D. Kutz, unanimous consent that the Sub- tional Park Service list of National Historic Director of Forensic Audits and Inves- committee on Public Lands and For- Landmarks as the oldest continuously oper- ated automobile racecourse; and tigative Services of the Government ests be authorized to meet during the Whereas the Indianapolis 500 Mile Race has Accountability Office and The Honor- session of the Senate on May 18, 2011, played an enormous part in shaping and de- able Daniel I. Gordon, Administrator of at 2:30 p.m., in room SD–366 of the fining the City of Indianapolis, the State of the Office of Federal Procurement Pol- Dirksen Senate Office Building.

VerDate Mar 15 2010 00:53 May 19, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\CR\FM\A18MY6.031 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3114 CONGRESSIONAL RECORD — SENATE May 18, 2011 The PRESIDEING OFFICER. With- be agreed to; there be no intervening (B) preventing terrorists from boarding out objection, it is so ordered. action or debate, and any statements international flights bound for the United States; SUBCOMMITTEE ON READINESS AND be printed in the RECORD. Whereas the Agreement Between the MANAGEMENT SUPPORT The PRESIDING OFFICER. Without objection, it is so ordered. United States of America and the European Mr. WARNER. Mr. President, I ask Union on the Processing and Transfer of Pas- unanimous consent that the Sub- The resolution (S. Res. 174) was senger Name Record (PNR) Data by Air Car- committee on Readiness and Manage- agreed to. riers to the United States Department of ment Support of the Committee on The amendment (No. 320) was agreed Homeland Security (DHS), done at Brussels Armed Services be authorized to meet to, as follows: and Washington on July 23 and 26, 2007 (re- during the session of the Senate on (Purpose: To amend the preamble) ferred to in this resolution as the ‘‘EU–U.S. May 18, 2011, at 10 a.m. In the 5th whereas clause of the preamble, PNR Agreement’’)— strike ‘‘an agreement to exchange passenger (1) succeeded a series of agreements be- The PRESIDING OFFICER. Without tween 2002 and October 2006; objection, it is so ordered. information’’ and insert ‘‘information shar- ing agreements’’. (2) was intended to remain in effect until SUBCOMMITTEE ON SCIENCE AND SPACE In the 6th whereas clause of the preamble, 2014; and Mr. WARNER. Mr. President, I ask strike ‘‘international law and treaties have (3) complied with European Union and unanimous consent that the Sub- recognized’’ and insert ‘‘security and intel- United States privacy laws by providing as- committee on Science and Space of the ligence experts recognize’’. surances that the United States would use Committee on Commerce, Science, and The preamble, as amended, was PNR data for limited purposes; agreed to. Whereas PNR data gathered pursuant to Transportation be authorized to meet the EU–U.S. PNR Agreement has been used during the session of the Senate on The resolution, with its preamble, as to identify and arrest a number of dangerous May 18, 2011, at 10:30 a.m. in room 253 of amended, read as follows: terrorists, including— the Russell Senate Office Building, to S. RES. 174 (1) David Headley, who was planning an at- conduct a hearing entitled, ‘‘Contribu- Whereas the National Commission on Ter- tack on Denmark and who contributed to the tions of Space to National Impera- rorist Attacks Upon the United States— tragedy in Mumbai; and tives.’’ (1) found that ‘‘[t]argeting travel is at (2) Faisal Shahzad, who was attempting to The PRESIDING OFFICER. Without least as powerful a weapon against terrorists flee the country after attempting to set off a as targeting their money’’; and car-bomb in Times Square. objection, it is so ordered. (2) recommended that the United States Whereas PNR data has been used to pre- SUBCOMMITTEE ON SEAPOWER ‘‘combine terrorist travel intelligence, oper- vent the travel of many other individuals Mr. WARNER. Mr. President, I ask ations, and law enforcement in a strategy to considered to be national security threats or unanimous consent that the Sub- intercept terrorist, find terrorist travel otherwise inadmissible to the United States; committee on Seapower of the Com- facilitators, and constrain terrorist mobil- Whereas the privacy protections in the mittee on Armed Services be author- ity’’; current EU–U.S. PNR Agreement are robust, Whereas terrorists continue to target and a February 2010 joint review by both sig- ized to meet during the session of the international travel to the United States, as natories found no privacy violations, misuse, Senate on May 18, 2011, at 2:30 p.m. evidenced by Umar Farouk Abdulmutallab’s or injury from the collection of PNR data by The PRESIDING OFFICER. Without attempt to detonate a bomb on board North- the Department of Homeland Security; objection, it is so ordered. west Airlines Flight 253 on December 25, 2009, Whereas although the United States and SUBCOMMITTEE ON SECURITIES, INSURANCE, AND en route from Amsterdam to Detroit; the European Union have different governing INVESTMENT Whereas Congress responded to the attacks mechanisms that lead to differences in how Mr. WARNER. Mr. President, I ask of September 11, 2001, by mandating that all oversight is conducted, both governments air carriers flying into the United States unanimous consent that the Com- have a firm commitment to the protection of provide passenger name record (referred to data and the respect of individual privacy; mittee on Banking, Housing, and in this resolution as ‘‘PNR’’) data concerning Whereas in February 2011, the European Urban Affairs’ Subcommittee on Secu- all inbound passengers to U.S. Customs and Commission proposed that the European rities, Insurance, and Investment, be Border Protection to assist the Department Union create its own PNR system in order to authorized to meet during the session of Homeland Security in fulfilling its mis- identify potential terrorists and other dan- of the Senate on May 18, 2011, at 9:30 sions of protecting the border and enhancing gerous criminals; a.m., to conduct a hearing entitled border security; Whereas in 2010, the Washington Post— ‘‘The State of the Securitization Mar- Whereas there is bipartisan agreement on (1) recognized the important role that PNR the need to collect and share passenger trav- kets.’’ data plays in securing international avia- el data, which— tion; and The PRESIDING OFFICER. Without (1) has served as a cornerstone for inter- (2) recommended that data sharing should objection, it is so ordered. dicting terrorists by the administrations of not be restricted without demonstrating spe- f President Barack Obama and former Presi- cific problems with the operation of current dent George W. Bush; and agreement: Now, therefore, be it U.S./EUROPEAN UNION FLIGHT (2) continues to fulfill the mandate for in- Resolved, That the Senate— MANIFEST EXCHANGE creased information sharing set by Congress (1) acknowledges the grave threat posed by Mr. REID. I ask unanimous consent in— terrorists and other dangerous criminals who (A) the Aviation and Transportation Secu- seek to exploit international aviation to do the Senate proceed to Calendar No. 49, rity Act (Public Law 107–71); S. Res. 174. harm to our countries; (B) the Intelligence Reform and Terrorism (2) urges the Department of Homeland Se- The PRESIDING OFFICER. The Prevention Act of 2004 (Public Law 108–458); curity to reject any efforts by the European (C) the Implementing Recommendations of clerk will report the resolution by Union to modify existing PNR data sharing the 9/11 Commission Act of 2007 (Public Law title. mechanisms in a way that would degrade the 110–53); and The legislative clerk read as follows: usefulness of the PNR data for identifying (D) other laws requiring information shar- terrorists and other dangerous criminals; A resolution (S. Res. 174) expressing the ing internationally and within the United (3) urges the Department of Homeland Se- sense of the Senate that effective sharing of States Government to promote greater secu- curity to not enter into any agreement that passenger information from inbound inter- rity; would impose European oversight structures national flight manifests is a crucial compo- Whereas the Implementing Recommenda- on the United States; and nent of our national security and that the tions of the 9/11 Commission Act of 2007 re- (4) opposes any effort by the European Department of Homeland Security must quired nations to enter into information Union to interfere with counterterrorism co- maintain the information sharing standards sharing agreements with the United States operation and information sharing between required under the 2007 Passenger Name in order to qualify for the United States visa the Department of Homeland Security and Record Agreement between the United waiver program; non-European countries. States and the European Union. Whereas security and intelligence experts There being no objection, the Senate recognize that— proceeded to consider the resolution. (1) advance information about travelers is f Mr. REID. Madam President, I ask a critical tool in identifying high-risk pas- unanimous consent the resolution be sengers; and RECOGNIZING AND HONORING (2) the intelligence gained from the anal- HARMON KILLEBREW agreed to, the Lieberman amendment, ysis of passenger travel data is critical for— which is at the desk, to the preamble, (A) protecting the United States against Mr. REID. I ask unanimous consent be agreed to; the preamble as amended terrorists entering the United States; and the Senate proceed to S. Res. 189.

VerDate Mar 15 2010 01:59 May 19, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\CR\FM\A18MY6.035 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3115 The PRESIDING OFFICER. The recollection is that by its trajectory, stand Harmon often credited then-U.S. clerk will report the resolution by the ball was estimated to be a 480-foot Senator from Idaho, Herman Welker, title. home run. Killebrew hit the longest for recommending to then-Washington The legislative clerk read as follows: ball in the history of Metropolitan Sta- Senators owners, the Griffith family, A resolution (S. Res. 189) recognizing and dium—a 530-foot shot! that their team sign Killebrew, and at honoring Harmon Killebrew and expressing Now Killebrew was not that big a age 17, Killebrew signed his first profes- the condolences of the Senate to his family man. He was 5 feet 11 inches and about sional baseball contract with the Wash- on his death. 210 pounds. In his major league career, ington Senators. There being no objection, the Senate Harmon Killebrew hit 573 home runs, He went on to play his first seven proceeded to consider the resolution. all without the aid of steroids. Kille- seasons here in Washington, DC, before Mr. REID. Madam President, I will brew grew up in rural Idaho. According moving with the franchise to Min- just make a very brief comment. I am to one press account I read last night, nesota in 1961, when it would be re- not a great baseball fan. I am a base- Killebrew claimed to have gotten his named the Minnesota Twins. Killebrew ball fan. I am sure there are better fans strength from carrying 10-gallon milk played 14 seasons in Minnesota, mak- than me. I have followed baseball all of cans during the summers as a youth. ing the All-Star team in 10 of those my life, starting as a little boy. I have But I know a little something, second seasons. He also competed in the 1965 listened to baseball games, and I would hand, about where the power for those World Series, where his Twins would have loved to have met Harmon Kille- home runs really came from. His legs. lose to the Los Angeles Dodgers in brew. He was a man who, before anyone See, about 20 years ago, a friend of seven games. Killebrew completed his ever suggested steroids, was so power- mine did a little film with Killebrew, professional baseball career in 1975, ful. He holds 10th or 11th place in the and travelled to his home in Idaho. playing one season with the Kansas history of baseball for hitting home My friend asked Killebrew where his City Royals. runs. According to what everyone says power came from, and Harmon said His remarkable skills earned him due about him, he was such a nice man in that it came from his legs. Killebrew recognition. He was awarded the Amer- addition to that. told my friend that the Killebrews all ican League Most Valuable Player Mr. FRANKEN. Madam President, I had incredibly powerful legs and that Award in 1969, when he led the league rise to talk about a Minnesota icon. his father, Killebrew’s father, could in both home runs and runs batted in. Minnesotans and baseball fans across jump over a cow from a standing posi- Killebrew’s No. 3 uniform was retired this country are celebrating the life of tion. by the Minnesota Twins, and he was Harmon Killebrew today. We lost the I had always hoped to meet Killebrew elected to the Baseball Hall of Fame in great slugger yesterday. and ask him about that. I had a chance 1984. His accomplishment of 573 career I never met Mr. Killebrew, which is to. In 2005, there was a commemoration home runs currently ranks 11th on the kind of hard for me to believe, because, of the 40th anniversary of the 1965 All-Time baseball list. similar to so many Minnesotans, I felt Twins team. It was held in a tent after Killebrew’s legacy extends far beyond that I knew him. He was the heart of a Twins’ game at the Metrodome. the baseball field. He remained active the Minnesota Twins franchise, not I was in the tent and I got Tony in Idaho following his retirement, in- just because of the towering home runs Oliva’s autograph, and Camilo cluding taking the lead on many im- he hit but because, on and off the field, Pascual’s. And I saw Killebrew and he portant charitable efforts. In 1977, Kil- he carried himself with so much dig- was surrounded by fans. And I just lebrew and former Idaho Representa- nity and grace and humility. wanted to give him some space. He was tive Ralph Harding founded the Danny I was 9 years old when the old Wash- a totally accessible guy. Every Twins Thompson Memorial Golf Tournament, ington Senators moved to Minnesota fan knew that from his years on the in honor of Killebrew’s former Min- and became the Minnesota Twins. We team and his years in the Twins broad- nesota Twins teammate, who died from were so excited to have a major league cast booth. But for some reason I de- leukemia in 1976. Since then, this an- team in Minnesota, and Killebrew was cided to talk to another member of nual tournament, played in Sun Val- the heart and the anchor of the fran- that great team, and figured I would ley, ID, has raised more than $11 mil- chise, batting cleanup and cracking out talk to Harmon a little later. But by lion, which has been leveraged with 400-foot-plus home runs with his unbe- the time I tried to find him again, he matching grants to over $25 million, lievably powerful swing. was gone. for leukemia and cancer research. Each By 1965, Killebrew, along with Tony So, I never met Harmon Killebrew. year, these proceeds are divided equal- Oliva, Zoilo Versalles, Bob Allison, But, again, like all Twins fans, I felt I ly between St. Luke’s Mountain States Earl Battey, Jim Perry, Jim Kaat, and knew him. A gracious, humble man Tumor Institute in Boise, Idaho and Mudcat Grant unseated the Yankee dy- that we in Minnesota were privileged the University of Minnesota Cancer Re- nasty and took the American League to watch, and who we were privileged search Center. pennant. I was sitting along the left to have represent our State. Harmon Killebrew’s talent and hard field line of Metropolitan Stadium the Mr. CRAPO. Madam President, my work have inspired countless young game before the All-Star break that colleagues Senators JIM RISCH, AMY athletes, and he leaves behind a legacy year when Killebrew hit a ninth-inning KLOBUCHAR and AL FRANKEN join me of encouraging skill and dedicated walk-off homer to beat the Yankees. It today in honoring the life of Harmon service. We extend our condolences and was not a typical Killebrew home run. Clayton Killebrew. We join with his prayers to his family, friends and loved It was a line drive that just shot out of family and friends in mourning his ones and deep gratitude for his compas- the park into the left field stands, and passing and paying tribute to his inspi- sion, service and leadership. it sent us into the All-Star break in rational life. first place. I, along with lots of Twins Harmon Killebrew began his exem- Mr. REID. I am very happy to ask fans, believe that was the blow that plary athletic career in Idaho. He was unanimous consent that the resolution was the key to that season. born June 29, 1936, in Payette, ID, be agreed to, the preamble be agreed As I said, that rope of a homer was where he earned multiple awards as an to, and the motions to reconsider be not a typical Killebrew home run. He athlete in baseball, basketball and laid upon the table. was known for these towering blasts. I football at Payette High School. Har- The PRESIDING OFFICER. Without remember one in particular. I was mon explained his childhood in Idaho objection, it is so ordered. watching the Twins on TV one summer in a way that fellow Idahoans could The resolution (S. Res. 189) was night with my dad and my brother, and clearly understand. He often shared agreed to. the Twins were playing the Tigers in this quote from his childhood. ‘‘My fa- The preamble was agreed to. Detroit in the old Tiger Stadium. ther used to play with my brother and The resolution, with its preamble, And Killebrew got ahold of one and it me in the yard. Mother would come out reads as follows: cleared the left field roof, one of just and say, ‘You’re tearing up the grass’; S. RES. 189 four shots that cleared that roof in the ‘We’re not raising grass,’ Dad would Whereas Harmon Clayton Killebrew was 87-year history of the stadium. My reply. We’re raising boys.’ ’’ We under- born on June 29, 1936, in Payette, Idaho;

VerDate Mar 15 2010 01:59 May 19, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.060 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE S3116 CONGRESSIONAL RECORD — SENATE May 18, 2011 Whereas Harmon Killebrew earned mul- The PRESIDING OFFICER. The Whereas the Indianapolis 500 Mile Race has tiple awards as an athlete in baseball, bas- clerk will report the resolution by played an enormous part in shaping and de- ketball, and football while at Payette High title. fining the City of Indianapolis, the State of School; The legislative clerk read as follows: Indiana, United States motorsports, and the Whereas at the age of 17, Harmon Kille- United States automobile industry, and is a A resolution (S. Res. 190) recognizing the brew signed his first professional baseball great source of pride to all citizens of Indi- 100th anniversary of the Indianapolis 500 contract with the Washington Senators; ana: Now, therefore, be it mile race. Whereas Harmon Killebrew credits then- Resolved, That the Senate recognizes the United States Senator from the State of There being no objection, the Senate 100th anniversary of the Indianapolis 500 Idaho, Herman Welker, with recommending proceeded to consider the resolution. Mile Race. to the Griffith family, then-Washington Sen- Mr. REID. I ask unanimous consent f ators owners, that the Washington Senators that the resolution be agreed to, the sign Killebrew; preamble be agreed to, and the motions DISCHARGE AND REFERRAL—S. 840 Whereas Harmon Killebrew played his first to reconsider be laid upon the table. Mr. REID. I ask unanimous consent 7 seasons of professional baseball in Wash- The PRESIDING OFFICER. Without ington, D.C. before moving with the Wash- that the bill, S. 840, be discharged from objection, it is so ordered. the Committee on Environment and ington Senators franchise to the State of The resolution (S. Res. 190) was Minnesota in 1961, where the team was re- Public Works and referred to the Com- named the Minnesota Twins; agreed to. mittee on Finance. Whereas Harmon Killebrew played 14 sea- The preamble was agreed to. The PRESIDING OFFICER. Without sons with the Minnesota Twins; The resolution, with its preamble, objection, it is so ordered. Whereas Harmon Killebrew hit the longest reads as follows: f home run in the history of Metropolitan Sta- S. RES. 190 dium, which hit a seat located 520 feet from Whereas the Indianapolis Motor Speedway MEASURE READ THE FIRST home plate that the Twins later painted red is the largest spectator sporting facility in TIME—S. 1022 in honor of that historic shot; the world, with more than 250,000 permanent Whereas while with the Minnesota Twins, seats; Mr. REID. I have been told that S. Harmon Killebrew made the All-Star Team Whereas founders Carl G. Fisher, Arthur C. 1022 is due for its first reading. in 10 different seasons and competed in the Newby, Frank H. Wheeler, and James A. Al- The PRESIDING OFFICER. The 1965 World Series, where the Minnesota lison pooled their resources in 1909 to build clerk will report the bill by title for Twins fell in 7 games to the Los Angeles the Indianapolis Motor Speedway 5 miles the first time. Dodgers; from downtown Indianapolis as a testing The legislative clerk read as follows: Whereas Harmon Killebrew earned the ground to support the growing automotive American League’s Most Valuable Player A bill (S. 1022) to extend expiring provi- industry of Indiana; sions of the USA PATRIOT Improvement award in 1969 when he led the league in both Whereas on August 14, 1909, the first mo- home runs and runs batted in; and Reauthorization Act of 2005 and the In- torized races, using motorcycles, took place telligence Reform and Terrorism Prevention Whereas Harmon Killebrew retired from on the recently completed 2.5-mile oval, professional baseball in 1975, after playing 1 Act of 2004 until December 31, 2014, and for which had a racing surface composed of other purposes. season with the Kansas City Royals; crushed stone and tar; Whereas uniform number 3, which Harmon Whereas on August 19, 1909, the first 4- Mr. REID. I now ask for its second Killebrew wore while with the Minnesota wheeled automobile races at the Indianapolis reading but object to my own request. Twins, has been retired by the Minnesota Motor Speedway took place; The PRESIDING OFFICER. Objec- Twins; Whereas for 63 days in late 1909, 3,200,000 tion having been heard, the bill will re- Whereas as of 2011, Harmon Killebrew, with paving bricks, each weighing 9.5 pounds, 573 career home runs, ranks 11th highest on ceive its second reading on the next were laid on top of the crushed stone and tar legislative day. the all-time career home run list of Major surface to upgrade the Indianapolis Motor League Baseball; Speedway, leading the facility to be nick- f Whereas Harmon Killebrew was elected to named ‘‘The Brickyard’’; the Baseball Hall of Fame in 1984; ORDERS FOR THURSDAY, MAY 19, Whereas a 3-foot horizontal strip of that 2011 Whereas Harmon Killebrew remained ac- original brick remains exposed at the start tive in many important charitable efforts and finish line, known as the ‘‘Yard of Mr. REID. Madam President, I ask following the conclusion of his playing ca- Bricks’’; unanimous consent that when the Sen- reer; Whereas on May 30, 1911, the first Indian- ate completes its business today, it ad- Whereas in 1977, Harmon Killebrew joined apolis 500 Mile Race took place and was won with Ralph Harding, a former United States journ until 10 a.m. on Thursday, May by Ray Harroun at an average speed of 74.602 19; that following the prayer and Representative from the State of Idaho, in miles per hour; founding the Danny Thompson Memorial Whereas the Indianapolis 500, the largest pledge, the Journal of proceedings be Golf Tournament, in honor of Danny Thomp- single-day spectator sporting event in the approved to date, the morning hour be son, Harmon Killebrew’s former Minnesota world, has occurred on every Memorial Day deemed expired, the time for the two Twins teammate who died as a result of leu- weekend since 1911, except during the in- leaders be reserved for their use later kemia in 1976; and volvement of the United States in world in the day; and that following any lead- Whereas the efforts of Harmon Killebrew in wars from 1917 through 1918 and 1942 through er remarks, the Senate proceed to a pe- support of the annual Danny Thompson Me- 1945; morial Golf Tournament in the State of riod of morning business until 11 a.m., Whereas in 1977, Janet Guthrie became the with Senators permitted to speak Idaho generated more than $25,000,000 for leu- first woman to compete in the Indianapolis kemia and cancer research at St. Luke’s 500; therein for up to 10 minutes each, with Mountain States Tumor Institute in Boise, Whereas in 1991, Willy T. Ribbs became the the time equally divided and controlled Idaho and the University of Minnesota Can- first African-American driver to compete in between the two leaders or their des- cer Research Center: Now, therefore, be it the Indianapolis 500; ignees, with the majority controlling Resolved, That the Senate— Whereas the Indianapolis Motor Speedway, the first half and the Republicans con- (1) recognizes Harmon Killebrew as one of by hosting the IZOD IndyCar Series, the trolling the final half; and that fol- the greatest professional baseball players of NASCAR Sprint Cup Series, the MotoGP Se- all time; lowing morning business, the Senate ries, and the Formula One Series, is the only proceed to executive session under the (2) honors Harmon Killebrew for his chari- facility in the world that has played host to table efforts to support leukemia and cancer these 4 elite worldwide racing series; previous order. research; and Whereas every May since 1981 the Indian- The PRESIDING OFFICER. Without (3) extends the deepest condolences of the apolis Motor Speedway has served as the objection, it is so ordered. Senate to the family of Harmon Killebrew. backdrop for the annual Armed Forces In- f f duction Ceremony, in which citizens of Indi- ana who have volunteered to serve in the PROGRAM RECOGNIZING THE 100TH ANNIVER- Armed Forces are administered the oath of Mr. REID. Madam President, there SARY OF THE INDIANAPOLIS 500 enlistment; will be a rollcall vote tomorrow at Whereas in 1987, the Indianapolis Motor Mr. REID. I ask unanimous consent Speedway was officially listed on the Na- about 2 p.m. on the motion to invoke that the Senate now proceed to the tional Park Service list of National Historic cloture on the nomination of Goodwin consideration of S. Res. 190, submitted Landmarks as the oldest continuously oper- Liu, of California, to be United States earlier today. ated automobile racecourse; and Circuit Judge for the Ninth Circuit.

VerDate Mar 15 2010 00:53 May 19, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\CR\FM\A18MY6.009 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — SENATE S3117 ADJOURNMENT UNTIL 10 A.M. more time. If that, in fact, is the case, There being no objection, the Senate, TOMORROW I ask unanimous consent that the Sen- at 6:34 p.m., adjourned until Thursday, Mr. REID. Madam President, there ate adjourn under the previous order. May 19, 2011, at 10 a.m. seems to be no one here asking for

VerDate Mar 15 2010 00:53 May 19, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\CR\FM\G18MY6.067 S18MYPT1 rfrederick on DSKD5P82C1PROD with SENATE May 18, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E913 EXTENSIONS OF REMARKS

SENATE COMMITTEE MEETINGS Commerce, Science, and Transportation Veterans’ Affairs Aviation Operations, Safety, and Security To hold hearings to examine seamless Title IV of Senate Resolution 4, Subcommittee transition, focusing on meeting the agreed to by the Senate on February 4, To hold an oversight hearing to examine needs of service members and veterans. 1977, calls for establishment of a sys- air traffic control safety. SR–418 tem for a computerized schedule of all SR–253 10:15 a.m. meetings and hearings of Senate com- Foreign Relations Joint Economic Committee mittees, subcommittees, joint commit- To hold hearings to examine the nomina- To hold hearings to examine driving in- tees, and committees of conference. tion of William J. Burns, of Maryland, novation and job growth through the to be Deputy Secretary of State. life sciences industry. This title requires all such committees SD–419 SH–216 to notify the Office of the Senate Daily Judiciary 10:30 a.m. Digest—designated by the Rules Com- To hold hearings to examine certain Appropriations mittee—of the time, place, and purpose nominations. Department of Defense Subcommittee of the meetings, when scheduled, and SD–226 To hold hearings to examine proposed any cancellations or changes in the Homeland Security and Governmental Af- budget estimates for fiscal year 2012 for meetings as they occur. fairs the Missile Defense Agency. As an additional procedure along Investigations Subcommittee SD–192 To hold hearings to examine stimulus 2 p.m. with the computerization of this infor- contractors, focusing on taxes. Finance mation, the Office of the Senate Daily SD–342 Fiscal Responsibility and Economic Digest will prepare this information for Intelligence Growth Subcommittee printing in the Extensions of Remarks To hold closed hearings to examine cer- To hold hearings to examine the spread section of the CONGRESSIONAL RECORD tain intelligence matters. of tax fraud by identity theft, focusing on Monday and Wednesday of each SH–219 on a threat to taxpayers, a drain on the week. public treasury. Meetings scheduled for Thursday, MAY 25 SD–215 2:30 p.m. May 19, 2011 may be found in the Daily 9:30 a.m. Banking, Housing, and Urban Affairs Homeland Security and Governmental Af- Digest of today’s RECORD. Securities, Insurance and Investment Sub- fairs committee Federal Financial Management, Govern- MEETINGS SCHEDULED To hold hearings to examine derivatives ment Information, Federal Services, and International Security Sub- MAY 23 clearinghouses, focusing on opportuni- ties and challenges. committee 10:30 a.m. SD–538 To hold hearings to examine assessing ef- Homeland Security and Governmental Af- 10 a.m. forts to eliminate improper payments. fairs Environment and Public Works SD–342 To hold hearings to examine protecting To hold hearings to examine the nomina- Energy and Natural Resources cyberspace, focusing on assessing the tions of William Charles Ostendorff, of Public Lands and Forests Subcommittee White House proposal. Virginia, to be a Member of the Nu- To hold hearings to examine S. 375, to SD–342 clear Regulatory Commission, Richard authorize the Secretary of Agriculture 2 p.m. C. Howorth, of Mississippi, to be a and the Secretary of the Interior to Commission on Security and Cooperation Member of the Board of Directors of enter into cooperative agreements with in Europe the Tennessee Valley Authority, and State foresters authorizing State for- To hold hearings to examine labor traf- Lieutenant General Thomas P. esters to provide certain forest, range- ficking in troubled economic times, fo- Bostick, to be Chief of Engineers, and land, and watershed restoration and cusing on protecting American jobs Commanding General, United States protection services, S. 714, to reauthor- and migrant human rights. Army Corps of Engineers, Department ize the Federal Land Transaction Fa- 210, Cannon Building of Defense. cilitation Act, S. 730, to provide for the SD–406 settlement of certain claims under the MAY 24 Finance Alaska Native Claims Settlement Act, 9 a.m. To hold hearings to examine the United S. 233, to withdraw certain Federal Judiciary States-Panama Trade Promotion land and interests in that land from lo- Crime and Terrorism Subcommittee Agreement. cation, entry, and patent under the To hold hearings to examine responding SD–215 mining laws and disposition under the to the prescription drug epidemic, fo- Appropriations mineral and geothermal leasing laws, cusing on strategies for reducing abuse, Financial Service and General Government and S. 268, to sustain the economic de- misuse, diversion, and fraud. Subcommittee velopment and recreational use of Na- SD–226 To hold hearings to examine creating tional Forest System land and other Foreign Relations jobs and transforming communities, fo- public land in the State of Montana, to To hold hearings to examine al Qaeda, cusing on funding for the Small Busi- add certain land to the National Wil- the Taliban, and other extremist ness Administration and the Commu- derness Preservation System, to re- groups in Afghanistan and Pakistan. nity Development Financial Institu- lease certain wilderness study areas, to SD–419 tions Fund. designate new areas for recreation. 10 a.m. SD–138 SD–366 Banking, Housing, and Urban Affairs Homeland Security and Governmental Af- Armed Services To hold hearings to examine public pro- fairs SeaPower Subcommittee posals for the future of the housing fi- To hold hearings to examine how to save To hold hearings to examine Navy ship- nance system, part II. taxpayer dollars, focusing on case stud- building programs in review of the De- SD–538 ies of duplication in the Federal gov- fense Authorization Request for fiscal 2:30 p.m. ernment. year 2012 and the Future Years Defense Armed Services SD–342 Program. Airland Subcommittee Judiciary SR–232A To hold hearings to examine tactical air- To hold hearings to examine holding craft programs in review of the Defense criminals accountable, focusing on ex- MAY 26 Authorization Request for fiscal year tending criminal jurisdiction to gov- 10 a.m. 2012 and the Future Years Defense Pro- ernment contractors and employees Foreign Relations gram. abroad. To hold hearings to examine the nomina- SR–232A SD–226 tion of Gary Locke, of Washington, to

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 23:40 May 18, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\M18MY8.000 E18MYPT1 TJAMES on DSKG8SOYB1PROD with REMARKS E914 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 2011 be Ambassador to the People’s Repub- tween the Government of the United General’s office collaboration in the lic of China, Department of State. States of America and the Government fight to prevent corruption. SD–419 of the Grand Duchy of Luxembourg for SD–342 10:30 a.m. the Avoidance of Double Taxation and Appropriations the Prevention of Fiscal Evasion with JUNE 15 Department of Defense Subcommittee Respect to Taxes on Income and Cap- 10:30 a.m. To receive a closed briefing on the ital, signed on May 20, 2009, at Luxem- Appropriations United States Central Command bourg (the ‘‘proposed Protocol’’) and a Department of Defense Subcommittee (CENTCOM) and United States African related agreement effected by the ex- To hold hearings to examine the Sec- Command (AFRICOM). change of notes also signed on May 20, retary of Defense and the Chairman of SVC–217 2009 (Treaty Doc. 111–08), and Conven- the Joint Chiefs of Staff. 2:15 p.m. tion between the Government of the SD–192 Indian Affairs United States of America and the Gov- To hold an oversight hearing to examine ernment of the Republic of Hungary for JUNE 16 expanding the success of native lan- the Avoidance of Double Taxation and 10:30 a.m. guage and culture-based education. the Prevention of Fiscal Evasion with Energy and Natural Resources SD–628 Respect to Taxes on Income, signed on To hold hearings to examine S. 343, to 2:30 p.m. February 4, 2010, at Budapest (the ‘‘pro- amend Title I of PL 99–658 regarding Intelligence posed Convention’’) and a related the Compact of Free Association be- To hold closed hearings to examine cer- agreement effected by an exchange of tween the Government of the United tain intelligence matters. notes on February 4, 2010 (Treaty Doc. States of America and the Government SH–219 111–07). of Palau, to approve the results of the SD–419 15-year review of the Compact, includ- JUNE 7 ing the Agreement Between the Gov- 2:30 p.m. JUNE 9 ernment of the United States of Amer- Foreign Relations 10 a.m. ica and the Government of the Repub- To hold hearings to examine Protocol Homeland Security and Governmental Af- lic of Palau Following the Compact of Amending the Convention between the fairs Free Association Section 432 Review, United States of America and the Disaster Recovery and Intergovernmental and to appropriate funds for the pur- Swiss Confederation for the Avoidance Affairs Subcommittee poses of the amended PL 99–658 for fis- of Double Taxation with Respect to To hold hearings to examine border cor- cal years ending on or before Sep- Taxes on Income, signed at Washington ruption, focusing on assessing customs tember 30, 2024, to carry out the agree- on October 2, 1996 (Treaty Doc. 112–01), and border protection and the Depart- ments resulting from that review. Protocol Amending the Convention be- ment of Homeland Security Inspector SD–366

VerDate Mar 15 2010 23:40 May 18, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\M18MY8.000 E18MYPT1 TJAMES on DSKG8SOYB1PROD with REMARKS Wednesday, May 18, 2011 Daily Digest Senate 100th Anniversary of the Indianapolis 500: Sen- Chamber Action ate agreed to S. Res. 190, recognizing the 100th an- Routine Proceedings, pages S3063–S3117 niversary of the Indianapolis 500 Mile Race. Measures Introduced: Six bills and three resolu- Page S3116 tions were introduced, as follows: S. 1018–1023, and Measures Considered: S. Res. 188–190. Pages S3105–06 Offshore Production and Safety Act: Senate con- Measures Reported: tinued consideration of the motion to proceed to S. 99, to promote the production of consideration of S. 953, to authorize the conduct of molybdenum–99 in the United States for medical certain lease sales in the Outer Continental Shelf, to isotope production, and to condition and phase out amend the Outer Continental Shelf Lands Act to the export of highly enriched uranium for the pro- modify the requirements for exploration. duction of medical isotopes, with an amendment in Pages S3069–86 the nature of a substitute. (S. Rept. No. 112–17) During consideration of this measure today, Senate S. 398, to amend the Energy Policy and Conserva- also took the following action: tion Act to improve energy efficiency of certain ap- By 42 yeas to 57 nays (Vote No.73), Senate did pliances and equipment, with amendments. (S. Rept. not agree to the motion to proceed to consideration No. 112–18) of the bill. Page S3086 A unanimous-consent agreement was reached pro- S. 629, to improve hydropower, with an amend- viding that having failed to achieve 60-affirmative ment. (S. Rept. No. 112–19) votes, the motion to proceed to consideration of the S. Con. Res. 15, supporting the goals and ideals bill, be withdrawn. Page S3086 of World Malaria Day, and reaffirming United States leadership and support for efforts to combat malaria Stop Canadian Trash Act—Referral Agreement: as a critical component of the President’s Global A unanimous-consent agreement was reached pro- viding that the Committee on Environment and Health Initiative. Page S3105 Public Works be discharged from further consider- Measures Passed: ation of S. 840, to establish customs user fees for Passenger Name Record Agreement: Senate commercial trucks transporting foreign municipal agreed to S. Res. 174, expressing the sense of the solid waste, and the bill then be referred to the Senate that effective sharing of passenger information Committee on Finance. Pages S3103, S3116 from inbound international flight manifests is a cru- Liu Nomination—Agreement: Senate continued cial component of our national security and that the consideration of the nomination of Goodwin Liu, of Department of Homeland Security must maintain California, to be United States Circuit Judge for the the information sharing standards required under the Ninth Circuit. Pages S3086–S3101 2007 Passenger Name Record Agreement between A unanimous-consent agreement was reached pro- the United States and the European Union, after viding for further consideration of the nomination at agreeing to the following amendment proposed approximately 11 a.m., on Thursday, May 19, 2011, thereto: Page S3114 with the time until 2 p.m. equally divided in the Reid (for Lieberman) Amendment No. 320, to usual form, prior to the cloture vote on the nomina- amend the preamble. Page S3114 tion, as under the previous order. Page S3116 Recognizing Harmon Killebrew: Senate agreed to Nominations Received: Senate received the fol- S. Res. 189, recognizing and honoring Harmon Kil- lowing nominations: lebrew and expressing the condolences of the Senate Morgan Christen, of Alaska, to be United States Circuit Judge for the Ninth Circuit. to his family on his death. Pages S3114–16 1 Navy nomination in the rank of admiral. D517

VerDate Mar 15 2010 01:46 May 19, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D18MY1.REC D18MYPT1 TJAMES on DSKG8SOYB1PROD with DIGEST D518 CONGRESSIONAL RECORD — DAILY DIGEST May 18, 2011

Routine lists in the Coast Guard, and Navy. tenant General Mitchell H. Stevenson, Deputy Chief Measures Placed on the Calendar: Page S3103 of Staff, G–4, United States Army, Lieutenant Gen- eral Frank A. Panter, Deputy Commandant, Installa- Measures Read the First Time: Pages S3103, S3116 tions and Logistics, Lieutenant General Loren M. Executive Communications: Pages S3103–05 Reno, Deputy Chief of Staff, Logistics, Installations Executive Reports of Committees: Page S3105 and Mission Support, United States Air Force, and Vice Admiral William R. Burke, Deputy Chief of Additional Cosponsors: Pages S3106–07 Staff of Naval Operations, Fleet Readiness and Logis- Statements on Introduced Bills/Resolutions: tics, all of the Department of Defense. Pages S3107–13 Additional Statements: Pages S3102–03 DEFENSE AUTHORIZATION REQUEST AND FUTURE YEARS DEFENSE PROGRAM Amendments Submitted: Page S3113 Committee on Armed Services: Subcommittee on Notices of Hearings/Meetings: Page S3113 SeaPower concluded a hearing to examine Marine Authorities for Committees to Meet: Corps acquisition programs in review of the Defense Pages S3113–14 Authorization Request for fiscal year 2012 and the Record Votes: One record vote was taken today. Future Years Defense Program, after receiving testi- (Total—73) Page S3086 mony from Sean J. Stackley, Assistant Secretary of the Navy for Research, Development and Acquisi- Adjournment: Senate convened at 10 a.m. and ad- tion, Lieutenant General George J. Flynn, Deputy journed at 6:34 p.m., until 10 a.m. on Thursday, Commandant, Combat Development and Integration, May 19, 2011. (For Senate’s program, see the re- and Commanding General, Marine Corps Combat marks of the Majority Leader in today’s Record on Development Command, and Vice Admiral John page S3116.) Terence Blake, Deputy Chief of Naval Operations for Integration of Capabilities and Resources, all of the Committee Meetings Department of Defense. (Committees not listed did not meet) SECURITIZATION MARKETS APPROPRIATIONS: DEPARTMENT OF THE Committee on Banking, Housing, and Urban Affairs: ARMY Subcommittee on Securities, Insurance and Invest- Committee on Appropriations: Subcommittee on Depart- ment concluded a hearing to examine the state of ment of Defense concluded a hearing to examine the securitization markets, after receiving testimony proposed budget estimates and justification for fiscal from Steven L. Schwarcz, Duke University School of year 2012 for the Department of the Army, after re- Law, Chapel Hill, North Carolina; Tom Deutsch, ceiving testimony from John M. McHugh, Secretary American Securitization Forum, and Ann Rutledge, of the Army, and General Martin E. Dempsey, Chief R&R Consulting, both of New York, New York; of Staff, United States Army, both of the Depart- Martin S. Hughes, Redwood Trust, Inc., San Rafael, ment of Defense. California; Lisa Pendergast, Commercial Real Estate APPROPRIATIONS: DEPARTMENT OF Finance Council, Montvale, New Jersey; and Chris J. ENERGY Katopis, Association of Mortgage Investors, Wash- ington, DC. Committee on Appropriations: Subcommittee on Energy and Water Development concluded a hearing to ex- CONTRIBUTIONS OF SPACE TO NATIONAL amine proposed budget estimates and justification IMPERATIVES for fiscal year 2012 for the Department of Energy, after receiving testimony from Steven Chu, Secretary Committee on Commerce, Science, and Transportation: Sub- of Energy. committee on Science and Space concluded a hearing to examine contributions of space to national im- DEFENSE AUTHORIZATION REQUEST AND peratives, after receiving testimony from Elliot FUTURE YEARS DEFENSE PROGRAM Holokauahi Pulham, Space Foundation, Colorado Committee on Armed Services: Subcommittee on Readi- Springs, Colorado; Frank Slazer, Aerospace Industries ness and Management Support concluded a hearing Association (AIA), Arlington, Virginia; Christopher to examine the current materiel readiness of U.S. F. Chyba, Princeton University, Princeton, New Jer- Forces in review of the Defense Authorization Re- sey; and Captain Frank L. Culbertson, Jr., USN quest for fiscal year 2012 and the Future Years De- (Ret.), Commander, International Space Station Ex- fense Program, after receiving testimony from Lieu- pedition 3, Centreville, Virginia.

VerDate Mar 15 2010 01:46 May 19, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D18MY1.REC D18MYPT1 TJAMES on DSKG8SOYB1PROD with DIGEST May 18, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D519

PUBLIC LANDS AND FORESTS BILLS S. 729, to validate final patent number Committee on Energy and Natural Resources: Sub- 27–2005–0081, S. 766, to provide for the designa- committee on Public Lands and Forests concluded a tion of the Devil’s Staircase Wilderness Area in the hearing to examine S. 220, to provide for the refor- State of Oregon, to designate segments of Wasson estation of forest landscapes, protection of old and Franklin Creeks in the State of Oregon as wild growth forests, and management of national forests rivers, S. 896, to amend the Public Land Corps Act in the eastside forests of the State of Oregon, S. 270, of 1993 to expand the authorization of the Secre- to direct the Secretary of the Interior to convey cer- taries of Agriculture, Commerce, and the Interior to tain Federal land to Deschutes County, Oregon, S. provide service opportunities for young Americans; 271, to require the Secretary of Agriculture to enter help restore the nation’s natural, cultural, historic, into a property conveyance with the city of Wallowa, archaeological, recreational and scenic resources; train Oregon, S. 278, to provide for the exchange of cer- a new generation of public land managers and en- tain land located in the Arapaho-Roosevelt National thusiasts; and promote the value of public service, Forests in the State of Colorado, S. 292, to resolve and S. 897, to amend the Surface Mining Control the claims of the Bering Straits Native Corporation and Reclamation Act of 1977 to clarify that and the State of Alaska to land adjacent to Salmon uncertified States and Indian tribes have the author- Lake in the State of Alaska and to provide for the ity to use certain payments for certain noncoal rec- conveyance to the Bering Straits Native Corporation lamation projects and acid mine remediation pro- of certain other public land in partial satisfaction of grams, after receiving testimony from Mike Pool, the land entitlement of the Corporation under the Deputy Director, Bureau of Land Management, De- Alaska Native Claims Settlement Act, S. 322, to ex- partment of the Interior; and Mary Wagner, Asso- pand the Alpine Lakes Wilderness in the State of ciate Chief, U.S. Forest Service, Department of Agri- Washington, to designate the Middle Fork culture. Snoqualmie River and Pratt River as wild and scenic rivers, S. 382, to amend the National Forest Ski ADMINISTRATION PRIORITIES FOR Area Permit Act of 1986 to clarify the authority of EUROPE the Secretary of Agriculture regarding additional rec- reational uses of National Forest System land that is Committee on Foreign Relations: Subcommittee on subject to ski area permits, and for other permits, S. European Affairs concluded a hearing to examine 427, to withdraw certain land located in Clark Administration priorities for Europe in the 112th County, Nevada, from location, entry, and patent Congress, after receiving testimony from Philip H. under the mining laws and disposition under all Gordon, Assistant Secretary of State for European laws pertaining to mineral and geothermal leasing or and Eurasian Affairs; and Paige E. Alexander, Assist- mineral materials, S. 526, to provide for the convey- ant Administrator for Europe and Eurasia, United ance of certain Bureau of Land Management land in States Agency for International Development. Mohave County, Arizona, to the Arizona Game and Fish Commission, for use as a public shooting range, BUSINESS MEETING S. 566, to provide for the establishment of the Na- Committee on Homeland Security and Governmental Af- tional Volcano Early Warning and Monitoring Sys- fairs: Committee ordered favorably reported the fol- tem, S. 590, to convey certain submerged lands to lowing business items: the Commonwealth of the Northern Mariana Islands S. 772, to protect Federal employees and visitors, in order to give that territory the same benefits in improve the security of Federal facilities and author- its submerged lands as Guam, the Virgin Islands, ize and modernize the Federal Protective Service, and American Samoa have in their submerged lands, with an amendment; and S. 607, to designate certain land in the State of Or- S. 550, to improve the provision of assistance to egon as wilderness, to provide for the exchange of fire departments, with amendments. certain Federal land and non-Federal land, S. 617, to Also, committee announced the following sub- require the Secretary of the Interior to convey certain committee assignments: Federal land to Elko County, Nevada, and to take land into trust for the Te-moak Tribe of Western Permanent Subcommittee on Investigations: Senators Levin Shoshone Indians of Nevada, S. 667, to establish the (Chair), Carper, Landrieu, McCaskill, Tester, Begich, Rio Grande del Norte National Conservation Area in Coburn, Collins, Brown (MA), McCain, and Paul. the State of New Mexico, S. 683, to provide for the Subcommittee on Oversight of Government Management, the conveyance of certain parcels of land to the town of Federal Workforce, and the District of Columbia: Sen- Mantua, Utah, S. 684, to provide for the conveyance ators Akaka (Chair), Levin, Landrieu, Begich, John- of certain parcels of land to the town of Alta, Utah, son (WI), Coburn, and Moran.

VerDate Mar 15 2010 01:46 May 19, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D18MY1.REC D18MYPT1 TJAMES on DSKG8SOYB1PROD with DIGEST D520 CONGRESSIONAL RECORD — DAILY DIGEST May 18, 2011

Subcommittee on Federal Financial Management, Govern- Janice Lehrer-Stein, of California, both to be a Mem- ment Information, Federal Services, and International Se- ber of the National Council on Disability, Judith A. curity: Senators Carper (Chair), Levin, Akaka, Pryor, Ansley, of Massachusetts, and John A. Lancaster, of McCaskill, Begich, Brown (MA), Coburn, McCain, New York, both to be a Member of the Board of Di- Johnson (WI), and Portman. rectors of the United States Institute of Peace, and Ad Hoc Subcommittee on Disaster Recovery and Intergov- a routine list in the Public Health Service. ernmental Affairs: Senators Pryor (Chair), Akaka, Landrieu, Tester, Paul, Brown (MA), and Johnson IMMIGRATION COURT SYSTEM (WI). Committee on the Judiciary: Committee concluded a Ad Hoc Subcommittee on Contracting Oversight: Senators hearing to examine improving efficiency and ensur- McCaskill (Chair), Carper, Pryor, Tester, Begich, ing justice in the immigration court system, after re- Portman, Collins, McCain, and Moran. ceiving testimony from Juan P. Osuna, Acting Di- rector, Executive Office for Immigration Review, Senators Lieberman and Collins serve as ex-officio members Department of Justice; Julie Myers Wood, ICS Con- of all subcommittees. sulting, LLC, Arlington, Virginia; and Karen T. BUSINESS MEETING Grisez, American Bar Association, Washington, D.C. Committee on Health, Education, Labor, and Pensions: Committee ordered favorably reported the nomina- VETERANS AFFAIRS AND DEPARTMENT OF tions of Cora B. Marrett, of Wisconsin, to be Deputy DEFENSE COLLABORATION Director of the National Science Foundation, Martha Committee on Veterans’ Affairs: Committee concluded a Wagner Weinberg, of Massachusetts, Paula Barker hearing to examine seamless transition, focusing on Duffy, of Illinois, Cathy N. Davidson, of North improving Veterans Affairs and Department of De- Carolina, Constance M. Carroll, of California, and fense collaboration, after receiving testimony from Albert J. Beveridge III, of the District of Columbia, W. Scott Gould, Deputy Secretary of Veterans Af- all to be a Member of the National Council on the fairs; and William J. Lynn, III, Deputy Secretary of Humanities, Clyde E. Terry, of New Hampshire, and Defense. h House of Representatives COMMITTEE MEETINGS FOR THURSDAY, Chamber Action MAY 19, 2011 The House was not in session today. The House is scheduled to meet at 2 p.m. on Monday, May 23, (Committee meetings are open unless otherwise indicated) 2011, pursuant to the provisions of H. Con. Res. 50. Senate Committee on Appropriations: Subcommittee on Depart- ment of the Interior, Environment, and Related Agencies, COMMITTEE MEETINGS to hold hearings to examine proposed budget estimates No hearings were held. for fiscal year 2012 for the United States Forest Service, 2:30 p.m., SD–124. Committee on Armed Services: To hold hearings to exam- Joint Meetings ine the F–35 Joint Strike Fighter Program in review of the Defense Authorization Request for fiscal year 2012 DISSIDENTS AND THE INTERNET and the Future Years Defense Program, 9:30 a.m., Commission on Security and Cooperation in Europe: Com- SD–G50. Committee on Banking, Housing, and Urban Affairs: To mission received a briefing on what dissidents need hold hearings to examine public transportation, focusing from the Internet, focusing on changes in tech- on priorities and challenges for reauthorization, 10 a.m., nologies and social media platforms that enable dis- SD–538. sidents to access information and to communicate Committee on Commerce, Science, and Transportation: Sub- from Rebecca Mackinnon, Global Voices, Robert committee on Consumer Protection, Product Safety, and Guerra, Freedom House, and Kathleen Reen, Insurance, to hold hearings to examine consumer privacy Internews, all of Washington, DC. and protection in the mobile marketplace, 10 a.m., SR–253.

VerDate Mar 15 2010 01:46 May 19, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D18MY1.REC D18MYPT1 TJAMES on DSKG8SOYB1PROD with DIGEST May 18, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D521

Committee on Energy and Natural Resources: To hold hear- ing on if intelligence reform is working, part II, 1:30 ings to examine policies to reduce oil consumption p.m., SD–342. through the promotion of advanced vehicle technologies Committee on the Judiciary: Business meeting to consider and accelerated deployment of electric-drive vehicles, in- S. 350, to require restitution for victims of criminal vio- cluding S. 734, to provide for a program of research, de- lations of the Federal Water Pollution Control Act, S. velopment, demonstration, and commercial application in 623, to amend chapter 111 of title 28, United States vehicle technologies at the Department of Education, and Code, relating to protective orders, sealing of cases, dis- S. 948, to promote the deployment of plug-in electric closures of discovery information in civil actions, S. 890, drive vehicles, 10 a.m., SD–366. to establish the supplemental fraud fighting account, S. Subcommittee on Water and Power, to hold hearings 968, to prevent online threats to economic creativity and to examine S. 201, to clarify the jurisdiction of the Sec- theft of intellectual property, S. 978, to amend the crimi- retary of the Interior with respect to the C.C. Cragin nal penalty provision for criminal infringement of a copy- Dam and Reservoir, S. 333, to reinstate and extend the right, and the nominations of John Andrew Ross, to be deadline for commencement of construction of a hydro- United States District Judge for the Eastern District of electric project involving the Little Wood River Ranch, Missouri, Timothy M. Cain, to be United States District S. 334, to reinstate and extend the deadline for com- Judge for the District of South Carolina, Nannette mencement of construction of a hydroelectric project in- Jolivette Brown, to be United States District Judge for volving the American Falls Reservoir, S. 419, to authorize the Eastern District of Louisiana, Nancy Torresen, to be the Dry-Redwater Regional Water Authority System, S. United States District Judge for the District of Maine, 499, to authorize the Secretary of the Interior to facilitate and William Francis Kuntz II, to be United States Dis- the development of hydroelectric power on the Diamond trict Judge for the Eastern District of New York, 10 Fork System of the Central Utah Project, S. 519, to fur- a.m., SD–226. ther allocate and expand the availability of hydroelectric Committee on Small Business and Entrepreneurship: To hold power generated at Hoover Dam, and S. 808, to direct hearings to examine small business recovery, focusing on the Secretary of the Interior to allow for prepayment of the progress report on ‘‘Small Business Jobs Act of 2010’’ repayment contracts between the United States and the implementation, 10 a.m., SR–428A. Uintah Water Conservancy District, 2:30 p.m., SD–366. Select Committee on Intelligence: To hold closed hearings Committee on Foreign Relations: Subcommittee on African to examine certain intelligence matters, 2:30 p.m., Affairs, to hold hearings to examine the next steps in SH–219. Cote d’Ivoire, 3:30 p.m., SD–419. Committee on Homeland Security and Governmental Affairs: House To hold hearings to examine ten years after 9/11, focus- No hearings are scheduled.

VerDate Mar 15 2010 01:46 May 19, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D18MY1.REC D18MYPT1 TJAMES on DSKG8SOYB1PROD with DIGEST D522 CONGRESSIONAL RECORD — DAILY DIGEST May 18, 2011

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, May 19 2 p.m., Monday, May 23

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Monday: To be announced. morning business (not to extend beyond 11 a.m.), Senate will continue consideration of the nomination of Goodwin Liu, of California, to be United States Circuit Judge for the Ninth Circuit, and after a period of debate, vote on the motion to invoke cloture on the nomination at ap- proximately 2 p.m.

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through the U.S. Government Printing Office at www.fdsys.gov, free of charge to the user. The information is updated online each day the Congressional Record is published. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202–512–1800, or 866–512–1800 (toll-free). E-Mail, [email protected]. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000, or phone orders to 866–512–1800 (toll-free), 202–512–1800 (D.C. area), or fax to 202–512–2104. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Mar 15 2010 01:46 May 19, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0664 Sfmt 0664 E:\CR\FM\D18MY1.REC D18MYPT1 TJAMES on DSKG8SOYB1PROD with DIGEST