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

Vol. 158 WASHINGTON, TUESDAY, MARCH 27, 2012 No. 50 Senate The Senate met at 10 a.m. and was Senator from the State of New Mexico, to The ACTING PRESIDENT pro tem- called to order by the Honorable JEFF perform the duties of the Chair. pore. The clerk will read the bill by BINGAMAN, a Senator from the State of DANIEL K. INOUYE, title for the second time. New Mexico. President pro tempore. The legislative clerk read as follows: Mr. BINGAMAN thereupon assumed A bill (S. 2237) to provide a temporary in- PRAYER the chair as Acting President pro tem- come tax credit for increased payroll and ex- pore. tend bonus depreciation for an additional The Chaplain, Dr. Barry C. Black, of- year, and for other purposes. fered the following prayer: Mr. REID. Mr. President, I suggest Mr. REID. Mr. President, I would ob- Let us pray. the absence of a quorum. ject to any further proceedings with re- Eternal Father, who changes not, The ACTING PRESIDENT pro tem- spect to this piece of legislation at this thank You for Your mercies ever pore. The clerk will call the roll. The legislative clerk proceeded to time. changing, ever new. Teach us to be The ACTING PRESIDENT pro tem- thankful for the changing faces of na- call the roll. Mr. REID. Mr. President, I ask unan- pore. Objection having been heard, the ture and the blessings every season bill will be placed on the calendar. brings. As we are grateful for the imous consent that the order for the warmth of spring, so may we be joyful quorum call be rescinded. f when winter comes and the harvest is The ACTING PRESIDENT pro tem- OIL AND GAS SUBSIDIES pore. Without objection, it is so or- past. Through days of warmth or chill, Mr. REID. Mr. President, the Senate dered. through hours of happiness or adver- yesterday took the first step toward re- sity, may we walk with You as with a f pealing wasteful taxpayer subsidies to friend known of old. Today, use the RECOGNITION OF THE MAJORITY oil and gas companies. I was pleased Members of this body for Your glory. LEADER my Republican colleagues joined Sen- Purge them of all that makes for dis- ate Democrats to move this debate for- cord, that in unity they may be pre- The ACTING PRESIDENT pro tem- ward. pared for Your service. pore. The majority leader is recog- The country deserves to hear the We pray in Your sacred Name. Amen. nized. truth about double dipping—double f f dipping—by oil companies. They take SCHEDULE taxpayer money with one hand and PLEDGE OF ALLEGIANCE raise gas prices with the other hand. Mr. REID. Mr. President, following There has never been a more perfect il- The Honorable JEFF BINGAMAN led any leader remarks, the Senate will be the Pledge of Allegiance, as follows: lustration of this than what has hap- in a period of morning business for an pened recently. The country deserves I pledge allegiance to the Flag of the hour. The Republicans will control the to hear the truth about these oil com- United States of America, and to the Repub- first half, the majority the final half. lic for which it stands, one nation under God, panies. indivisible, with liberty and justice for all. Following that morning business, the But do not be fooled by last night’s Senate will resume consideration of bipartisan vote. Senate Republicans f the motion to proceed to the repeal of would never, ever side with American APPOINTMENT OF ACTING Big Oil tax subsidies legislation. This taxpayers against Big Oil. It is against PRESIDENT PRO TEMPORE will be postcloture. their nature. It is against their polit- At 12:30 p.m. today, the Senate will ical philosophy, as indicated by the nu- The PRESIDING OFFICER. The recess to accommodate the weekly cau- merous votes they have taken against clerk will please read a communication cus meetings. Senators are reminded this. They proved it yesterday with to the Senate from the President pro that the official photograph of the rhetoric. They proved exactly what I tempore (Mr. INOUYE). 112th Congress will take place at 2:15 have said. They proved it last year The legislative clerk read the fol- p.m. today in the Chamber. with nearly a party-line vote against lowing letter: f legislation to hold back handouts to oil U.S. SENATE, companies that were making record PRESIDENT PRO TEMPORE, MEASURE PLACED ON THE profits then. Washington, DC, March 27, 2012. CALENDAR—S. 2237 To the Senate: The records have been broken. There Under the provisions of rule I, paragraph 3, Mr. REID. Mr. President, I under- is a handful of those oil companies— of the Standing Rules of the Senate, I hereby stand S. 2237 is at the desk and due for one handful—that last year made $137 appoint the Honorable JEFF BINGAMAN, a a second reading. billion.

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

S2039

.

VerDate Mar 15 2010 06:53 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.000 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2040 CONGRESSIONAL RECORD — SENATE March 27, 2012 Despite this rhetoric of the Repub- have talked about how obvious it is Senate will be in a period of morning licans, Americans understand it will America needs to reduce its reliance on business for 1 hour, with Senators per- take more than a bumper-sticker slo- foreign oil. But if anyone needs an- mitted to speak therein for up to 10 gan to stop the pain at the pump. We other reason, just look at the regimes minutes each, with the time equally di- have to reduce the Nation’s reliance on that benefit from the global addiction vided and controlled between the two foreign oil. But we cannot drill our way to oil. leaders or their designees, with the Re- to energy independence. We are doing For example, Iran. Iran uses profits publicans controlling the first half and better. We have done so well during the from global oil sales to support its ter- the majority controlling the final half. Obama years. Every year he has been rorism around the world, its nuclear Mr. REID. Mr. President, I suggest President, production has gone up and weapons program. So it is critical the the absence of a quorum. the use of oil has gone down. Senate act now—and act quickly—to The ACTING PRESIDENT pro tem- We must continue looking for respon- further tighten sanctions against Iran. pore. The clerk will call the roll. sible new domestic oil sources. But we These sanctions are a key tool as we The legislative clerk proceeded to must also invest in the clean energy work to stop them from obtaining nu- call the roll. technologies of tomorrow to create clear weapons, threatening Israel, and Mr. CARDIN. Mr. President, I ask good jobs for today. ultimately jeopardizing U.S. national unanimous consent that the order for Repealing almost $24 billion in waste- security. the quorum call be rescinded. This country is so fortunate to have ful subsidies to oil companies would The ACTING PRESIDENT pro tem- the person who is leading the Central pay for these clean energy invest- Intelligence Agency: GEN David pore. Without objection, it is so or- ments—with money left over to do Petraeus. I had the good fortune yes- dered. something about the deficit. terday to spend an hour with him. He is f America has less than 2 percent of a good man. He understands what is the oil reserves in the world but con- RACIAL PROFILING going on in the world. sumes more than 20 percent of the We must be vigilant, as we are, about Mr. CARDIN. Mr. President, I rise world’s oil supply each year. So drill- what is going on in Iran. I repeat, we today to discuss the tragic death of ing on American soil alone will not must act now—and act quickly—to fur- Trayvon Martin and the larger issue of solve our reliance on foreign oil. ther tighten sanctions against Iran. racial profiling. On Monday I spoke Last year America used a lower per- These sanctions are a key tool as we about this issue at the Center for centage of foreign oil than at any time work to stop them from obtaining nu- Urban Families in Baltimore. Joining in almost two decades, thanks to Presi- clear weapons, threatening Israel and me were representatives from various dent Obama’s policies. Domestic oil further terrorizing other parts of the faith and civil rights groups in Balti- production, I repeat, has increased world. more, as well as graduates from the every year during the Obama adminis- The only way to get sanctions in center’s program. tration. Meanwhile, American depend- place now is to take up a bipartisan This weekend we saw numerous ral- ence on foreign oil has decreased each bill that passed unanimously out of the lies take place across the United year. Yet prices at the pump have con- Senate Banking Committee. I would States, including rallies called Million tinued to rise. like and I am going to move to this. Hoodie Marches where individuals wore Here is why. For every penny the My staff has alerted the Republican hoodies in solidarity with Trayvon price at the pump goes up, the major leader I am going to ask consent soon Martin. oil companies—there are five of them— to move forward on this unanimously I was touched by what President make an additional $200 million in reported bill out of the Banking Com- Obama said on Friday about this case. profits each quarter. So let’s say that mittee. He said: again. For every penny you pay extra Unfortunately, I have been told my If I had a son, he’d look like Trayvon. And at the gas pump, these five oil compa- Republican colleagues will object to I think every parent in America should be nies make $200 million. moving forward with these new sanc- able to understand why it is absolutely im- Well, it does not take a lot of math tions because they want to offer addi- perative that we investigate every aspect of to understand that gas prices have tional amendments. I have Democrats this. I think all of us have to do some soul risen 62 cents this year, so take $200 who want to offer additional amend- searching to figure out how something like million times 62 and you have a huge ments also, but we do not have the this happened. amount of billions of dollars. Every time to slow down passage of this legis- That is why I am so pleased that the time a penny is added to your purchase lation. Justice Department, under the super- of a gallon of gas, oil companies make Let’s move to the next step. When we vision of Attorney General Eric Holder, $200 million. So—62 cents—they have put this away, we are not going to be has announced an investigation into made billions this year. finished with Iran. There are a number the avoidable shooting death of Last year they raked in $137 billion of Democrats, I repeat, who also wish Trayvon Martin on February 26, 2012. in profits, and they are on pace for an- to offer amendments to this bill, but in As we all know from the news, an un- other record-breaking year of astro- an effort to get sanctions in place now, armed Martin, 17, was shot in Sanford, Democrats have agreed to streamline nomical profits. So it is beyond ridicu- FL, on his way home from a conven- the process and refrain from offering lous when Republicans argue oil com- ience store by a neighborhood watch their amendments. volunteer. panies need billions in taxpayer sub- We cannot afford to slow down the sidies each year. I am pleased that the Civil Rights Di- process. Passing this bill now will help vision of the Justice Department will Middle-class families are struggling. prevent Iran from acquiring a nuclear Oil companies that last year raked in join the Federal Bureau of Investiga- weapon. And that is a goal on which we tion in investigating the tragic, avoid- $261,000 a minute, 24 hours a day, 365 should all agree. days of the year, are not struggling. able shooting death of Trayvon Martin. Mr. President, listen to this again. f In particular, I also support the Justice Oil companies last year raked in RESERVATION OF LEADER TIME Department’s decision to send the $261,000 a minute, 24 hours a day, no Mr. REID. Mr. President, would the Community Relations Service to San- weekends off, no holidays. They did it Chair announce the business of the ford to help defuse tensions while the 365 days of the year. They are not day. investigation is being conducted. struggling at all and that, of course, is The ACTING PRESIDENT pro tem- I join all Americans in wanting a full a gross understatement. That is why pore. Under the previous order, the and complete investigation into the this matter is now before the Senate. leadership time is reserved. shooting death of Trayvon Martin to ensure that justice is served. There are f f many questions we need the Justice IRAN SANCTIONS MORNING BUSINESS Department to answer. One is whether Mr. REID. On another topic that is The ACTING PRESIDENT pro tem- Trayvon was the victim of a hate crime extremely important, Mr. President, I pore. Under the previous order, the by Zimmerman. One is whether

VerDate Mar 15 2010 23:49 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.003 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2041 Trayvon was a victim of racial sources we have to actually deal with The State of Tennessee has actually profiling by the police. In other words, illegal behavior. been highly progressive as it relates to was Trayvon targeted by Mr. Zimmer- Racial profiling has no place in mod- health care. In the State of Tennessee, man because he was Black? Was ern law enforcement. The vast major- dealing with citizens who are in need, Trayvon treated differently by local ity of our law enforcement officers who we created a program called TennCare. law enforcement in their shooting in- put their lives on the line every day It went through lots of problems but vestigation because he was Black and handle their job with professionalism, over the last several years has been the aggressor was White? Would the po- diligence, and fidelity to the rule of functioning in a stable way. But what lice have acted differently with a law. However, Congress and the Justice this bill did was mandate to the State White victim and a Black aggressor? Department can and should still take of Tennessee that in order to keep the The Department of Justice has the steps to prohibit racial profiling and fi- Medicaid funding that funds TennCare, authority to investigate the potential nally root out its use. the State has to, on its own accord, hate crime as well as whether this is a The 14th amendment to the U.S. Con- match Federal grants with over $1.1 pattern or practice of misconduct by stitution guarantees equal protection billion in costs. So from 2014 to 2019, local law enforcement in terms of ap- of the law to all Americans. Racial what this bill does is mandate that the plying the law equally to all citizens profiling is important to that principle State of Tennessee use $1.1 billion of and not discriminating on the basis of and should be ended once and for all. its own resources to expand the Med- race. Tom Perez is the Assistant Attor- As the late Senator Kennedy often icaid Program to meet the needs this ney General of the Civil Rights Divi- said, ‘‘Civil rights is the great unfin- bill has put in place. sion of the Department of Justice. I ished business of America.’’ Let’s con- This is the point of my being on the want to make sure we have both Fed- tinue to fight here to make sure we floor here today. Again, I do not know eral and State investigations that ulti- truly have equal justice under law and of anybody here who believes this bill mately prosecute offenders to the full- equal protection of law as guaranteed will cost only what was laid out as we debated. As a matter of fact, we have est extent of the law as well as make by our Constitution. had so many people—the McKenzie any needed policy changes, particu- I yield the floor. The ACTING PRESIDENT pro tem- Group and others—who have laid out larly to local police practices and pro- pore. The Senator from Tennessee. how many private companies in our cedures. Trayvon’s tragic death also leads to a f country will basically get rid of their health care and put people out on the discussion of the broader issue of racial HEALTH CARE public exchange. And the cost of that is profiling. I have called for putting an Mr. CORKER. Mr. President, today I going to be tremendous. end to racial profiling, a practice that rise to speak about the subject our Na- Our own former Governor, a Demo- singles out individuals based on race or tion is focused on as the Supreme crat, who has spent a lot of his lifetime other protected categories. In October Court takes up some of the constitu- in health care on health care issues, of last year, I introduced legislation— tional provisions of the health care law projected that the State of Tennessee, the End Racial Profiling Act, S. 1670— that was passed a couple of years ago if it decided that it wanted to put its that would protect minority commu- in this body. own employees out on the public ex- nities by prohibiting the use of racial Obviously, the courts will decide change, could save $160 million—by profiling by law enforcement officials. whether the law that was passed is con- putting its employees away from its The bill would prohibit State and stitutional. There are a number of own health care plan and out on the ex- local law enforcement officials from challenges. That will take place by the changes. Obviously, I doubt that is using race as a factor in criminal in- end of June, according to what we something States are going to do. But vestigations, including in ‘‘deciding hear. his point is this: In a free market sys- upon the scope and substance of law Secondly, there is an election process tem, people are going to respond based enforcement activity following the ini- underway where the candidates run- on what is best for their company and tial investigatory procedure.’’ ning for the Republican nomination what is best for their employees. The bill would mandate training and have talked about the things they will If you look at the subsidy levels that provide grants on racial-profiling do in the event they are elected as it this bill lays out—up to 400 percent of issues and data collection by local and relates to the health care bill. poverty—they are massive subsidies. State law enforcement. I want to talk about the fact that re- We are talking about people who are Finally, the bill would condition the gardless of the Supreme Court and re- earning over $78,000 a year. So when receipt of Federal funds by State and gardless of what may happen in the you look at the subsidies this bill has local law enforcement on two grounds. electoral process, I have yet to meet a put in place, what employers are going First, under this bill, State and local person on either side of the aisle—and to quickly find, especially because we law enforcement would have to ‘‘main- maybe today will be the first time— put a subsidy in place on the one hand tain adequate policies and procedures who believes this bill can work as it and on the other hand, because this bill designed to eliminate racial profiling.’’ was passed. What that leads me to say lays out the type of coverage compa- Second, they must ‘‘eliminate any ex- is that regardless of what happens, I nies have to have in place—there are isting practices that permit or encour- think most of us are aware that the fi- attributes that cause those costs to age racial profiling.’’ nancial data that was used to put to- rise, and we have already seen that The legislation I introduced is sup- gether this bill is flawed, and the fact happening throughout our private sec- ported by the NAACP, the ACLU, the that it is flawed, it will not work over tor; I think that is undeniable—what is Rights Working Group, the Leadership the longer haul. going to happen is the companies are Conference on Civil and Human Rights, For the same reasons I railed against going to say: We would be better off and numerous other organizations. I the highway bill for breaking the Budg- paying the $2,000 penalty. Our employ- look forward to the April 18 advocacy et Control Act we just put in place last ees get these massive subsidies, by the day these civil rights groups are plan- August, I voted against this bill—the way, that are paid for by all taxpayers ning on Capitol Hill to lobby on racial- fact that we used 10 years’ worth of in America. profiling issues and raise awareness revenues and 6 years’ worth of costs, What that means is that there are about this issue and the legislation I which greatly exacerbates the problem going to be far more people on these have introduced. in the outyears; the fact that we took public exchanges than ever were antici- Racial profiling is bad policy. Given $529 billion in savings from Medicare to pated when this bill was being put in the state of our budgets, it also diverts create this problem and yet left behind place. scarce resources from real law enforce- the issue we deal with in this body al- My point is that the bill, when it was ment. Law enforcement officials na- most every year and a half, which is being constructed, used 10 years’ worth tionwide already have tight budgets. the sustainable growth rate that we of revenues and 6 years’ worth of cost, The more resources spent on inves- deal with with physicians; and then, and that made it neutral. Anybody can tigating individuals solely because of thirdly, the fact that we placed an un- see that in the outyears that is obvi- their race or religion, the fewer re- funded mandate on States. ously going to create a tremendous

VerDate Mar 15 2010 23:49 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.004 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2042 CONGRESSIONAL RECORD — SENATE March 27, 2012 problem, a fiscal problem for this gov- Program is projected to increase in my Mr. ROCKEFELLER. Mr. President, I ernment, for our country. But the prob- State of Mississippi by as much as 44 ask unanimous consent to speak in lem is that when it was laid out, the percent in 2014. Thousands of people morning business for up to, or perhaps amount of people who were then will be forced onto the Medicaid rolls. 1 or 2 minutes over, 20 minutes. thought would go on the plan was The legislature in my state is wrestling The PRESIDING OFFICER. Without much lower than is actually going to with serious budget pressures from the objection, it is so ordered. be the case. cost of the Medicaid Program. Again, I think what you are going to Mississippi has the highest Federal f see throughout our Nation, if this bill matching assistance percentage in the stays in place as it is, is a massive exo- country at approximately 75 percent. HEALTH CARE dus by private employers from the But over the course of the next 10 health care business. What that is years, our State match requirement Mr. ROCKEFELLER. Mr. President, going to do is put them on these public will increase by $127 million each year this week there is plenty of drama un- exchanges with the subsidies, and, in for a total of $1.3 billion by the year folding at the Supreme Court, the fact, what it is going to do is drive up 2020. Our State’s budget can’t handle stately building across the street from the cost even more than people ever that burden. Other States are facing where we now stand. The Justices are anticipated. similar constraints. deliberating inside the building. There So this is my point. There is going to The affordable care act is essentially is a lot of shouting and clamoring out- be a Supreme Court judgment this taking aim at State governments. The side. That is to be expected. But I am June. None of us knows what it is maintenance-of-effort requirements for here today to encourage all of us to going to be. We have pundits on the the Medicaid Program are particularly pause for a minute and to step back left who say they are confident the bill restrictive. They inhibit a State’s abil- from the hype and think about what is going to stay in place. We have pun- ity to spend taxpayer money wisely, the broader health care reform means dits on the right who say they are con- and they ignore the inherent problems to so many Americans, not just the fident, constitutionally, it is going to within the Medicaid Program. Mis- citizens the Presiding Officer and I rep- be overturned. We will have an election sissippi faces the prospect of expending resent but Americans across this coun- in November that may change the all of its resources keeping up with an try. course of history as it relates to this unfunded mandate that increases its I do think, because I believe strongly bill. dependency on the Federal Govern- that the rhetoric surrounding the Even if those two events have no ef- ment, while being forced to cut other issues has become so polarizing, many fect on this bill, I wish to come back to important services, such as education. people routinely overlook the profound In addition, physician services can- my base premise, which is that there is ways the law has already made life bet- not keep up with the demands of an ex- no possible way this bill is going to ter to so many Americans. Let’s re- panded Medicaid population. This law work as it was laid out during the de- member why we started down this path does nothing to address the decreasing bate. There is no way the projections of health reform at all. physician participation rates and qual- that were laid out as to what the cost Let me say for the record this is a ity-of-care issues that are rampant in of this bill is going to be are going to path that has been well trodden over the Medicaid Program. the years by both Democrats and Re- be what the actual costs are. Another charge to States in these What I say is, regardless, this body is publicans—in fact, over the last cen- difficult fiscal times is the creation of tury—but we had never managed to going to be pressed with replacing this health insurance exchanges. My State’s legislation with something that makes enact meaningful reform in our sys- efforts to develop an exchange began tem. Yes, we added on some extraor- common sense. There was actually a well before the affordable care act was lot of bipartisanship, prior to us pass- dinary things such as Medicare, Social enacted, and the State is on track to Security, and Medicaid, but reform of ing this piece of legislation, about set up a health insurance exchange by what those commonsense measures the system we had not done. So we re- the January 2014 deadline. We are com- joiced in what happened in the mid- should be. We ended up instead with mitted to creating an exchange that something that was far more sweeping, 1960s, but that doesn’t help us in terms can serve Mississippians well, but the of the overall disposition of the sys- something most Americans find offen- state needs flexibility in order to do sive, something that, no question, will tem. that. The Mississippi Department of In- When we renewed this debate about cause this Nation tremendous fiscal surance is working to avoid defaulting distress. how to fairly make sure everyone in to a federally-run exchange, but bu- the country could get the health care My point is, yes, we are going to be reaucratic red tape threatens to hinder they needed, we actually, at the time watching this June as the Supreme their progress. I am concerned that the as we started, had 46 million uninsured Court rules. Yes, we are going to pay deadlines put forth in the affordable Americans. To be uninsured is not attention to the elections in November. care act are unrealistic due to the pleasant; it is a fearful condition. Em- Regardless of those outcomes, it is my amount of time and resources that are ployers had been dropping coverage for belief this body will have to come to- required for such a large project. gether and put into place a different These are just a few of the problems a decade due to skyrocketing health piece of health care legislation that ac- the affordable care act poses for my care costs. People were losing their tually fits the times and the American State and others as well. It is proving jobs and with them their coverage. people and allows the freedom of choice to be an increasingly expensive statute Even those who had coverage were the people are accustomed to and is that is making health care more costly being saddled with horrendous bills, built on premises that will cause our for individuals, businesses, and State and they were thrust into bankruptcy country to be fiscally sound. I stand governments. It is my hope that relief even though many of them thought ready to work with people on both can be found at the Supreme Court to they had coverage that was protecting sides of the aisle when that time comes avoid the potentially devastating im- them financially. They did not, but to make that happen. pact of this law. they thought they did. I yield the floor. I suggest the absence of a quorum. Some of those with preexisting condi- The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- tions could not get back into the sys- pore. The Senator from Mississippi is pore. The clerk will call the roll. tem at any cost whatsoever. Pre- recognized. The legislative clerk proceeded to existing conditions are something peo- Mr. COCHRAN. Mr. President, the call the roll. ple have—tens and tens of millions of harsh realities of the health care re- Mr. ROCKEFELLER. Mr. President, I Americans have those. form law are coming home to roost. ask unanimous consent that the order Americans thought our system was My State is bracing for the impact of for the quorum call be rescinded. broken and unfair, and they thought it the so-called affordable care act. The PRESIDING OFFICER (Mr. was time to finally achieve our shared Under the health care reform law, en- MANCHIN). Without objection, it is so goal of access to care and a more af- rollment under an expanded Medicaid ordered. fordable system. That was sensible.

VerDate Mar 15 2010 23:49 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.005 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2043 Let’s start by looking at part of the there, but, of course, that is what will case of illness or injury. To me, it just law that protects those with pre- happen if we abandon all of this. makes sense; maybe more important, existing conditions. As I just men- Let’s talk now about another piece of to the people it brings peace of mind. tioned, there are about 133 million this great effort that also is often over- It is not all. The law provides access Americans, individual Americans, who looked, and it is the coverage of young to free preventive health services and live every day with chronic illnesses— adults under the age of 26. I know that easier primary care, as well as in- or they fail to live—because of chronic is a particular matter the Presiding Of- creased financial assistance for stu- illnesses. ficer likes about this bill. dents through new scholarships and What happens to them when insur- In the past, many young adults in my loan repayment programs to build a ance companies refuse to cover their State and everywhere have gone with- stronger health care workforce. That is illnesses even while the insurance com- out health insurance as they made a major part of this bill. panies are collecting premiums from their way into the world after gradua- In West Virginia, as the Presiding Of- them? That is called rescission. It is a tion. That is a ticklish time. Most of ficer knows, and all across the country, dirty trick the insurance companies these young adults are not slackers, as particularly in rural areas, we have a have been doing to us in America for they have sometimes been called. shortage of various kinds of necessary years. This law stops that. Many simply start out in low-wage or physicians and health care providers. Before health reform, millions of part-time jobs that typically do not In fact, one of my favorite parts of this Americans, including children, could offer health coverage. Because they law is the significant new financial in- be denied the health care they needed were over the age of 18, and therefore centives it creates to encourage young due to a preexisting condition. They technically adults, they were not able adults to go into primary care—den- might have had asthma. I had asthma to maintain coverage under their par- tistry, pediatrics, nursing, and mental until I was 12 years old. I wasn’t wor- ents’ health insurance plan. health—to precisely address those ried about insurance, I gather, or This meant many young adults would shortages. It is in the bill. maybe I didn’t get sick, but anyway I forfeit basic things such as checkups or Doesn’t it make sense, given the couldn’t have gotten insurance in those put off seeing a doctor when they had shortage of skilled health care profes- days because I had a preexisting condi- health problems in the hope it would sionals in this country, to make it tion. go away. But that is no way to live, easier for young people to get into If a woman has a C-section, she has a particularly not when 15 percent of those well-paying stable jobs? Health care job growth continues to preexisting condition. If someone has young Americans suffer from a chronic be a major stabilizing factor in our acne, that person can have a pre- health condition such as depression or economy. Creating additional jobs in existing condition. If people have al- diabetes—yes, that young—and not our local communities is something most anything, they can have a pre- when a staggering 76 percent of unin- many in this body have fought for in existing condition if the insurance sured adults report not getting needed all kinds of ways—tax credits and plans company says they do, so they just cut care because of cost. and all kinds of things—but in the them off. It is called rescission. They Before health reform young adults meantime, health reform tackles that cut them off even though they are pay- represented one-third of our Nation’s problem too, just inexorably. Health uninsured population. People always ing premiums. That is unfair. care jobs continue to grow year after I want to talk about what this has think of young people as healthy. Not year, most of them private, obviously. meant to real people every day. It so. They take risks. They end up in the Just look at the numbers from the means people have lived in fear of los- emergency room often. Think about month of February of this year. The ing their employer-sponsored coverage how many young adults and their fami- health care sector once again led the or even leaving a job to start their own lies are so much in a better position. Nation’s job growth last month, adding business for fear that they could not Why is that? That is because the law about 49,000 jobs, which was about the get coverage. It meant if somebody did now allows young adults, with no cov- same as the month before. Health care get coverage, the insurance company erage of their own, to pay premiums is the economic engine—in fact, it kind could just carve out their condition. In and to stay on their parents’ health in- of undergirds our economy. It is silent, other words, they could just get rid of surance policy up to their 26th birth- it is relentless, and it will not stop be- them, dump them. day. This applies even if they no longer cause health care is something people What is the practical implication of live at home, if they are no longer a cannot walk away from—the receiving this insurance company abuse? Con- student or they are no longer depend- of or the providing for. sider this: People could get coverage if ents on their parents’ tax returns. In Another important group helped by they had cancer, but the cancer would other words, they have coverage up to health care reform is our Nation’s sen- not be covered. Not good. And the pre- the age of 26. iors, starting with lowering the cost of existing condition doesn’t have to be as As a result, over 2.5 million young their Medicare prescription drug cov- complex as cancer. Insurance compa- adults gained coverage they did not erage. That is very important in West nies could deny coverage for something have before—that is a fact today—in- Virginia, as the Presiding Officer as simple as allergies. cluding more than 16,000 young adults knows. Thanks to the new health care Before health reform, insurance com- in West Virginia. Those families have law almost 40,000 people with Medicare panies could even deny coverage to a the peace of mind that their families in West Virginia received a $250 re- woman if she was a victim of domestic will be financially protected should an bate—they have already got it—to help violence and had to be treated. That is injury or an illness occur. cover the cost of their prescription unimaginably cruel, but it was a fact. It is important to know that young drugs when they hit that famous That is no more. Under the health re- people suffer a lot of mental health doughnut hole in 2010. I will not bother form law preexisting conditions will no conditions, maybe a little bit more to explain that. longer be a barrier to quality afford- than the rest of the population. We In 2011, more than 36,000 West Vir- able health care. That is over. They don’t think about that because they ginians with Medicare received a 50- cannot do it. It is against the law—the are young and therefore always ebul- percent discount on their covered law which so many are trying to re- lient. No, they are young and often brand-name prescription drugs when peal. troubled, trying to figure out what life they hit the doughnut hole. That is Is there anyone here who would like holds for them. These conditions cause called very good news. Then we go on to go back to the old days, those good them problems, they need insurance, to close the doughnut hole entirely. old days when individuals, including and they can get it. This discount I am talking of re- millions of children, were punished for So right off the bat, parents such as sulted in an average savings of $653 per things they couldn’t possibly control? Sam Hickman from West Virginia are person and a total savings of over $23.5 They were subject to devastating med- able to get young adult coverage. Isn’t million in our State of West Virginia. ical costs without the benefit of insur- our country a better place—it would By 2020, the law will close the dough- ance—or their families were. I don’t seem to me—when people have the se- nut hole completely, and I think that think people would want to go back curity of knowing they are covered in is rather sensational news for seniors.

VerDate Mar 15 2010 23:49 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.008 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2044 CONGRESSIONAL RECORD — SENATE March 27, 2012 Closing the doughnut hole is not all tors and hospitals often operate as if in ance company finally has to come this law does for seniors. Under the a vacuum, sort of taking it on a case- clean about what benefits are actually new law, seniors can receive rec- by-case basis. That is bad for patients. covered and the products they are sell- ommended preventive services. We talk The health care law also helps stop ing. It will be there in black and white. about that all the time, and we always fraud with tougher screening proce- They can read it, and families will ob- think it is not in a bill. Preventive dures and stronger penalties and new viously have much more purchasing services such as flu shots, diabetes technology. New technology can catch power in their hands. screening, as well as new annual all kinds of things. Thanks in part to What is wrong with that? wellness visits—all things seniors these efforts, we recovered $4.1 billion While opponents have gotten used to should do but often decline to do be- in taxpayer dollars in 2011. That was talking about how the law costs too cause of lack of access or thinking they last year. The second year’s recovery much, in fact, it has great provisions have to pay for it and they don’t have hit this recordbreaking level also. West that will not only improve the quality the money. So now they can get all of Virginia tax dollars should not go to of care but also save hundreds of bil- these screenings for diabetes and flu pay for criminals who are defrauding lions of dollars—yes, that is true—for shots and all kinds of other things for the system, and the administration is example, the average $2,500 discount free. So far, more than 32.5 million sen- cracking down on this. Believe it or thousands of West Virginia small busi- iors nationwide have already received not, it is. nesses received last December as a re- one or more free preventive services, And I am not done. In just over 18 sult of the medical loss ratio rule. That including the new, as I indicated, an- months, a new competitive health in- was what followed the public option. nual wellness visit, which is a very surance marketplace called an ex- Everybody so loved the public option. good idea for any person. change—which has everybody nervous They thought it was wonderful. The In 2011 more than 230,000 people with for no reason at all; it is great news— only problem is that it could not get Medicare in West Virginia received free will be up and running in West Virginia votes from the Finance Committee, so preventive services such as mammo- and all across the country where indi- it could not come down here and we grams, colonoscopies, or a free annual viduals and small businesses can shop could not do anything about it, so we wellness visit with a doctor, and 54 mil- for coverage in the private health in- invented the medical loss ratio. It is lion Americans with private health in- surance market. This is not govern- totally understandable, right? The surance gained preventive service cov- ment; it is all private. An estimated question is, How does it work? Does it erage with no cost sharing, including 180,000 West Virginians will be eligible help people? And it does because it says 300,000 people in the State of West Vir- for $687 million in premium tax credits that health insurance companies are ginia. to help cover the cost of private health required to spend at least 80 percent of The new law also provides new grants insurance in the year 2014 when the ex- small businesses’ and 85 percent of and incentives to improve health care changes start. large businesses’ health insurance pre- coordination and quality, as well as a Families all over the country will fi- mium dollars on actual medical care— new office, the Federal Coordinated nally have more power when it comes not on administration, not on marble Health Care Office. We have to have to buying health insurance that works pillars, not on CEO salaries and all of that. I kind of wish we didn’t have to, for them—having more power is a big that. They have 20 percent or 15 per- but we do because it is a new science. deal if you are trying to shop for cent to do all of that. But if they fail This is trying to get away from the health insurance—thanks to a clear, to do that, they have to rebate to the health care system as usual, so we do transparent summary of benefits. Yes, consumer, to the patient who has been have that one little addition, sort of you actually get to see the choices paying the premiums, the fact that managing care for seniors and man- from which you can pick. You have a they have not been abiding by this 80 aging care for individuals with disabil- list of all the services they are going to percent or 85 percent law, and that is ities and, importantly, eligible for both provide. It is required by law. They probably going to be several billions of Medicare and Medicaid. Those, obvi- can’t cheat. They can’t just say: Oh, we dollars—at the very least, hundreds ously, are known as our dual-eligibles: will take care of you. Sign up with us. and hundreds of millions, and that is those who are poor enough to be on We are a big insurance company. kind of like billions—and it starts this Medicaid and old enough to be on Medi- So they get the transparent sum- year. I am delighted. care, so they can’t afford life, so to mary of benefits and coverage that will Now, the Independent Payment Advi- speak. They need help and they need let them compare benefits on an ap- sory Board, or IPAB, is another exam- health care, and under this bill they ples-to-apples basis, which will come ple. IPAB is not well understood and get that. There are about 8, 9, 10, 11 standard with every single private in- therefore not well received. What is not million of them in this country. surance plan, which will be what understood is generally not well re- Many doctors, many hospitals, and makes up the exchanges. They will go ceived. That doesn’t mean it is not many other providers are taking ad- through that, and they will pick out good. IPAB will be made up of smart vantage of the new options to help what best suits them. doctors, nurses, and other health care them work better as teams to provide In fact, it is quite telling that this experts who will figure out ways to im- the highest quality care possible. That little-known provision I have just prove the quality of Medicare services is called coordinated care. It is new, it talked about is the single most popular and make sure the Medicare trust fund is important, and it is going to be real- one in the entire law. I didn’t know stays strong. And IPAB is legally for- ly helpful. That is good news because that. Eighty-four percent of Americans bidden in this law—which the folks many chronic illnesses can be pre- think that is really good. They like the across the street are now considering— vented or managed better through this idea of being able to choose what they from recommending cuts to Medicare coordinated care. It means doctors ac- are going to get in health care cov- benefits or in any way increasing cost tually talk to each other. erage. The insurance companies, of sharing on the part of Medicare recipi- The way it is now, when a patient course, hate it and have been fighting ents. That is in the law—cannot cut gets an x ray taken by a dentist or by with everything they have, but we have benefits, no cost sharing. somebody else, the patient has to carry been beating it back, Mr. President, as Yet the House just last week rallied the x ray with them—if they can man- you would expect me to do. behind an effort to repeal IPAB. They age to get their hands on it—to go see What that tells me is that people are didn’t know what it was or they had another doctor, as opposed to a system, frustrated and fed up with the con- really bad dreams about what it was, such as telemedicine, which has the fusing information they have been get- so they repealed it and felt better. The technology to shoot the information ting from their health insurance com- House vote is a good example of what over the Internet so the next doctor al- panies, and they are tired of guessing happens when special interest wins and ready has it, so he or some of his peo- games about what is actually covered. seniors lose. ple are thinking about what they are They have a right to know, and now The Independent Payment Advisory going to do next. It is so important to they can. So I look forward to Sep- Board was created to protect Medicare talk to each other, but we don’t. Doc- tember of this year when every insur- for seniors by improving the quality of

VerDate Mar 15 2010 23:49 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.009 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2045 Medicare services and by extending the TAX SUBSIDIES REPEAL the larger oil and gas companies—the life of Medicare for years to come. In- Mr. KYL. Mr. President, I will ad- so-called integrated companies—but stead of making Medicare better, dress the bill that will be before us not for other domestic producers. So it House Republicans want to decimate later today. is discriminatory twice over. Remark- the program and force seniors to pay The title of the bill is ‘‘Repeal Big ably, therefore, companies such as the much more and give private health in- Oil Tax Subsidies Act.’’ I think that Venezuelan company, CITGO—a large surance companies and other special title begs the question: What is a tax oil and gas producer—could continue to interests the authority to raid the subsidy? Most Americans would define take the deduction, but U.S.-based Medicare trust fund, which they will do a tax subsidy as a payment of cash, companies could not. in order to pad their bottom line, such as through a tax credit, from the How is that for double discrimina- which they would love to do. This government to a particular industry. tion. First, all other companies in the would take us exactly in the wrong di- Does this bill address subsidies? The country get to deduct 9 percent, big oil rection. Every single senior in America answer is, absolutely. But instead of companies only get to deduct 6 percent, should be outraged. repealing tax subsidies, it actually cre- and this bill would eliminate that de- You can even get simple things like ates more of them. duction for some of the American oil better information about private Under this bill, the government producers. health insurance by just going to the would subsidize particular industries or How about intangible drilling costs. Web site healthcare.gov. The informa- activities through a host of tax credits. This is part of the so-called R&D—or tion is out there to help people shop for These subsidies range from tax credits research and development—tax treat- better coverage today. for energy-efficient homes, alternative ment. Research and development is fuel vehicles, plug-in electric vehicles, something many businesses do, and There is so much more that has al- cellulosic biofuels, wind energy produc- when they do it, they get to deduct ready happened and more to come, tion, biodiesel and renewable diesel, those costs as against their tax liabil- such as the nearly $70 million in grants and the list goes on and on. In other ity. For the oil and gas industry, the West Virginia has already received for words, the Tax Code would be providing research and development is called in- things like community health centers. special tax breaks for specific indus- tangible drilling costs. Those are part We put aside $10 billion in the bill for tries, and the one thing that is com- of the R&D exploration for energy. maybe up to 1,000 new rural health care mon to all these is that they are the Again, the oil companies are actually clinics across America. As the Pre- so-called green energies. They are the already discriminated against; where- siding Officer knows, in places such as ones that would receive the special tax as, other businesses can expense 100 Lincoln County in West Virginia, peo- treatment, to the tune of $12 billion. percent of these R&D costs; large oil ple don’t want to go to hospitals, but There are even direct cash grants from and gas companies, as I have said, can they will go to clinics happily because the Treasury Department for indus- only expense 70 percent. So they are al- they are on the first floor, tend to be in tries that invest in green energy so ready being discriminated against, to buildings that used to be stores or companies don’t have to worry about some extent. This bill would further whatever, and they get good medical whether they have a tax liability to discriminate against them by elimi- care right there. take advantage—direct cash grants. nating the expensing altogether. In In closing, why would we want to These are clearly subsidies aimed at other words, whereas most companies throw this law out the window knowing particular industries, the very thing can expense 100 percent and smaller oil just these facts? Think about it. The the President himself has said we and gas companies could still expense reforms here are the most significant should avoid if we want a simpler Tax 100 percent, these larger companies reforms in health care in several gen- Code with lower rates that doesn’t pick could no longer expense any of it. Their erations. It is an effort that 50 years winners and losers. current-year deduction would be gone. from now history will record the same So, yes, this bill deals with tax sub- The third area is for businesses that way we do Social Security or Medicare sidies. It creates a bunch of them, and have operations abroad that pay both Programs—as an essential part of the they are in a very specific area—$12 bil- taxes and royalties. They are called implicit promise to care for its citi- lion worth. dual capacity companies. There are a zens, to allow people to age with dig- What about oil and gas? It turns out lot of dual capacity kinds of busi- nity, and to find ways to make our so- there are no special tax provisions for nesses. Oil and gas is one of them be- ciety a better place. oil and gas. There is no special oil and cause they pay both taxes and royal- So as we mark the 2-year anniversary gas loophole or giveaway, as somebody ties; casino operators are another, to of the health care reform law becoming called it. Oil and gas companies use the give another example. In order to pre- the law of the land—and the folks same IRS Code other kinds of compa- vent double taxation for American across the street will decide if that nies use. They pay taxes under those companies that pay both foreign taxes stands up or not, but I think they provisions. They get deductions or and American taxes—and obviously will—I, for one, am proud of my role in credits under some other of those pro- they are competing against companies its passage and grateful that Congress visions but nothing that doesn’t apply that only pay taxes once—in order to came together on such a historic issue. to other industries the same way. In mitigate that, every American com- I thank the Presiding Officer. fact, what this bill does is to take away pany, whether it is an oil company or the rights of oil and gas companies any other kind of company, is allowed I yield the floor and note the absence under some of these provisions and to take a foreign tax credit for foreign of a quorum. leave those provisions intact for oth- taxes paid. So whatever their American The PRESIDING OFFICER. The ers. In other words, it discriminates tax liability is, they get to take a cred- clerk will call the roll. against specific companies within a it against that for what they have al- The assistant legislative clerk pro- specific industry. ready paid to another country in tax li- ceeded to call the roll. There are four particular areas. The ability there. Mr. KYL. Mr. President, I ask unani- first is section 199 of the Tax Code. If they owe $100 in taxes and they mous consent that the order for the This is the basic code under which all have already paid Great Britain $70 in quorum call be rescinded. producers—people who manufacture taxes, then they get to take a credit of things, who produce things—are al- that $70 against the $100 American li- The PRESIDING OFFICER (Mr. lowed to take what is called a manu- ability. That is the way it works for all TESTER). Without objection, it is so or- facturing deduction of 9 percent, except businesses abroad, including the dual dered. we have already discriminated against capacity taxpayers. Mr. KYL. I ask unanimous consent to the oil companies. They can only take This bill would eliminate part of the speak in morning business for up to 10 a deduction of 6 percent, but it is the foreign tax credit for the large inte- minutes. same for the other industries; other- grated oil and gas companies; there- The PRESIDING OFFICER. Without wise, it is 9 percent. But this bill would fore, putting our companies at a severe objection, it is so ordered. eliminate that deduction altogether for disadvantage with other oil and gas

VerDate Mar 15 2010 06:53 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.011 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2046 CONGRESSIONAL RECORD — SENATE March 27, 2012 companies doing business around the Yes, of course, oil and gas companies duction, more dependence on foreign world. Of course, oil and gas business is have profits and, in some cases, they oil, fewer jobs, less American competi- all around the world. They go where are large profits. But they are large in tiveness, and less retirement saving. the oil or the gas is and extract it and scale—their businesses are large in This does not sound like a deal worth then ship it to the user. Why would we scale—because they have to be in order making. deliberately give foreign competitors to compete. It costs billions of dollars I yield the floor. an even greater advantage in foreign just to invest in one oil rig out in the The PRESIDING OFFICER. The Sen- markets than they already enjoy? As I Gulf of Mexico, for example. According ator from Nevada. said, this bill singles out oil and gas to industry estimates, it costs between Mr. HELLER. Mr. President, here we companies and would not extend the $1.3 billion and $5.7 billion to produce go again. Once again, Washington is same discriminatory treatment to oil in one deepwater platform in the doing its old familiar song and dance: other dual capacity taxpayers such as, Gulf of Mexico. Think about it: If pushing another measure that is big on as I mentioned before, casinos. Again, someone is making $200 a year, obvi- talking points but very light on solu- it is a double discrimination against ously, they can’t do that. It takes com- tions. oil and gas companies. panies that make an enormous amount The truth is, the measure we are de- Finally, we have what is called per- of money to spend $5 billion on one oil bating will not help anyone struggling centage depletion. Every company, in- platform to try to find oil and gas. with rising gas prices. It is past time cluding oil and gas companies, that ex- Don’t we want companies such as that for Congress to get to work on solving tracts minerals from the Earth or to find oil and gas so we can get more our Nation’s most pressing issues. other substances from the Earth is al- of it on the market so we don’t have to Nevadans have already been hit hard lowed to use the percentage depletion pay as much when we try to fill our car by this economic downturn. Gas prices method for calculating their taxes. are only making a tough situation But, again, for the last 30 years, the at the pump? What would happen if we used the worse. Congress should do everything large integrated oil and gas companies Tax Code to further penalize oil and within its power to provide relief to can’t do it. So they are already prohib- gas companies with these massive tax Americans who are already struggling ited from using this method. This bill increases? Does anybody think the to make ends meet. repeals it again, so we are going to re- In Las Vegas, the average price of gas peal something that has already been costs aren’t going to be passed on? According to the Congressional Re- is $3.93 a gallon. Up north in Reno, gas repealed. I guess that is OK. It is not search Service, tax increases such as prices are already more than $4 a gal- necessary. I guess it is a way to further the ones in the bill ‘‘would make oil lon. In the rural town of Elko, the local kick somebody in the rear end if we and natural gas more expensive for newspaper recently reported that gas don’t like them. prices have increased by 48 cents in the The question is, therefore, why U.S. consumers and likely increase for- last month. should we be doing this to oil and gas eign dependence.’’ I received a text message recently companies? The Wall Street Journal Everybody talks about reducing the from a prominent businessman in my pointed out in a recent editorial—by price of gas at the pump and reducing State. He wrote: the way, the title is ‘‘Big Oil, Bigger U.S. dependence. What these tax in- Taxes’’—that the oil and gas industry creases would do is to further that de- Regular gas at $4.56 per gallon in southern pendence and increase the prices at the California—beginning to really affect our is subsidizing the government, not the businesses. other way around. Because of the pump. This isn’t like shooting our- amount of taxes oil companies pay—far selves in the foot; it is like shooting This is an issue Congress has ignored more than other companies—they are ourselves in the head. Why would we do for far too long. Instead of addressing actually subsidizing the U.S. Govern- this? We would have less domestic en- gas prices, my colleagues on the other ment. Oil and gas companies paid al- ergy production. Obviously, taxing an side of the aisle are retreating to failed most $36 billion in taxes in 2009 alone. activity more means we will get less of policy in hopes of distracting Ameri- That is just one industry—the oil and it. cans from the dramatic price and rise gas companies—$36 billion. According How about jobs? The oil and gas in- of prices at the pump. They are merely to American Petroleum Institute fig- dustry supports more than 9 million following the lead of this administra- ures, oil and gas companies had an av- American jobs. The American Petro- tion, whose own Secretary of Energy erage effective tax rate of 41 percent in leum Institute estimates that 1 million statements before Congress indicated 2010 and paid more in total taxes than new jobs could be created in the next 7 that their overall energy goal is not to any other industry. years if punitive new tax increases and lower gas prices. For those folks who somehow suggest unnecessary new regulations are avoid- Unfortunately, my colleagues fail to oil and gas is getting some big break, ed. We desperately need to create jobs. understand what the American people that they are not paying their fair These are good American jobs. Why have understood all along; that is, to share in taxes, this evidence clearly re- would we want to destroy jobs by im- have a healthy economy, we need af- futes that. We will remember the Presi- posing an unfair tax on an industry fordable energy. Developing domestic dent’s Buffet rule: Everybody should which is producing something we des- energy resources and building the in- pay at least 30 percent in taxes. Oil and perately need? frastructure to get it to market will gas companies already pay at the rate Foreign oil companies, such as those not only create jobs, but it will bring of 41 percent, so it is not as if they are based in Russia and China and Ven- more energy resources to market. getting off with some kind of special ezuela, would have an even greater Nevada still has the unfortunate dis- break. competitive advantage over American tinction of leading the Nation in both Generally, our Tax Code allows com- companies in these overseas markets if unemployment and foreclosures. panies to recover their expenses. It al- we impose these taxes on American Whether you live in the vast expanse of lows businesses, including oil and gas companies. rural Nevada or in urban Las Vegas, businesses, to recover their costs of Finally, we would hurt tens of mil- high gasoline prices disproportionately doing business. As I said before, the oil lions of Americans who invest in these impact my home State. and gas industry is already discrimi- companies through pension funds, re- The current state of our economy nated against. They can’t recover all tirement accounts, and mutual funds. and the rising gas prices represent an their costs. Under section 199, for ex- In other words, this bill would elimi- extreme blow to many sectors of Ne- ample, other companies get to deduct 9 nate tax provisions that are not give- vada’s economy, tourism in particular. percent; they can only deduct 6 per- aways or subsidies to producers in the Tourism and the jobs dependent on cent. This bill would also remove provi- United States in order to pay for tax that industry will be further dev- sions that allow them to expense. So subsidies that would be given to spe- astated as gas prices increase at a time the code which already treats them the cially chosen industries—so-called when Nevadans are hurting most. same or worse than other industries green industries. In the process, we Additionally, Nevada is roughly would now treat them substantially would get higher fuel prices for con- 110,000 square miles. High gas prices worse. sumers, less domestic oil and gas pro- mean more vacant hotel rooms. It

VerDate Mar 15 2010 23:49 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.012 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2047 means more empty restaurants. It ington should not continue to play pol- try is successful and creates 9.2 million means more closed small businesses. itics with America’s paychecks. The jobs, instead of punishing them we Many of my constituents must travel longer Congress delays making tough should want to encourage them. I great distances to work or for basic decisions the more people in Nevada would think we would want to say to goods and services. At a time when and across our Nation suffer. the oil companies: What obstacles are middle-class families across Nevada In my home State of Nevada, gas there to you making more money and have already been forced to tighten prices have more than doubled since hiring more people? Instead they say: their belts, the last thing they need is 2009. Higher energy costs impact every No, we must punish them. We must tax to feel the squeeze of higher gas prices. aspect of life: from the cost of food and them more to make things fair. In Nevada we need jobs, not policies clothing to virtually every good and This whole debate about fairness is that make job creation more difficult. service on which we rely. so misguided and it has gotten out of I believe continuing to develop renew- Expanding domestic energy produc- hand. The rich in our society do pay able and alternative sources is impor- tion, improving our energy infrastruc- the vast majority of our taxes. Do not tant to Nevada for the clean energy ture, and passing savings along to the let them tell you otherwise. Those who and job creation it brings. The develop- American people are the right objec- make over $200,000 a year pay 70 per- ment of renewable energy is something tives to meet our Nation’s immediate cent of the income tax. Those who I have long advocated. However, our and future energy needs. make more than $70,000 a year pay Nation must have a diverse energy Let’s move beyond the partisan about 96 percent of the income tax. strategy. fights of today and start producing the And 47 percent of our public do not pay A truly comprehensive approach to results Nevadans and all Americans are an income tax. So those who are saying our domestic energy security will cre- asking for. the rich are not paying their fair share ate jobs and improve our economy. We Mr. President, I yield the floor. are trying to use envy and class war- must develop all of our resources, and I suggest the absence of a quorum. fare to get people stirred up. But it I would argue that the positive impact The PRESIDING OFFICER. The makes absolutely no sense. increased domestic production would clerk will call the roll. We as a society need to glorify those have on our economy in terms of jobs The bill clerk proceeded to call the who make a profit and those who em- and revenue would actually facilitate roll. ploy people. We need to encourage the development of the technologies of Mr. PAUL. Mr. President, I ask unan- more business in this country. The oil the future. imous consent that the order for the companies employ 9.2 million people. There is no doubt alternative sources quorum call be rescinded. We do not need to heap punishment on of energy are our future. While we The PRESIDING OFFICER. Without them. We need to give them encourage- work to develop and perfect those tech- objection, it is so ordered. ment to employ more people. nologies, we need to secure our econ- Mr. PAUL. Mr. President, I rise I will have two amendments to this omy now by having an energy policy today to discuss gas prices. Gas prices bill that I think would actually make that respects the cause of the problem; have doubled under this President, so it better. While the President talks that is, supply and demand. today this body will consider new legis- about people not paying their fair What concerns me is we are not de- lation which the other side, I assume, share, he is actually giving more than bating a bill that today provides solu- thinks will make the situation better. their fair share to his friends. I do not tions. Today’s debate is about a bill But their solution is to raise taxes on think the government should be used that is merely two failed policies re- oil companies—raise taxes by $25 bil- as a loan agency to give money to con- packaged as a political stunt. Congress lion. tributors. This is unseemly. I think the should not double down on failed stim- Any of you who have a business know conflict of interest is undeniable. ulus programs that have put Nevadans when we raise taxes on a business, it We have companies such as Solyndra. out of work and have done little to sal- simply is a cost to doing business. This is a company that received $500 vage our economy. Americans do not When your costs increase for making million of your money and went bank- want more political gimmicks. They your product, what do you do? You rupt. It just so happened that the want solutions. What Congress needs to charge your consumer more. owner of the company is the 20th rich- focus on are policies that will lower gas So I am not sure what person is ad- est man in the United States and a big prices for Americans and fuel job cre- vising the other side, but I do not quite donor of the President. It just so hap- ation. understand how raising $25 billion pens that this company, Solyndra, the For this reason, I have authored an worth of cost on the oil industry is person who approved their loan was re- amendment to this legislation that is going to help gas prices. In fact, I lated, was the husband, of a woman truly a compromise containing solu- think it is going to send gas prices who worked for Solyndra. tions to the issues we are facing today. even higher. Another company, a company called My amendment, the Gas Price Relief Some on the other side say: Oh, this BrightSource out of Massachusetts, is Act, would relieve gas prices at the is a matter of fairness; everybody needs owned by a member of the Kennedy pump, increase domestic energy pro- to pay their fair share. Well, oil compa- family. They got $1.8 billion. Guess duction, and close tax loopholes. nies actually pay $86 million a day in who approved their loan. A guy who Under the Gas Price Relief Act, every taxes. In the last 10 years the oil com- used to work for the Kennedys who is American who drives a car will reap panies have paid over $100 billion in now in President Obama’s administra- the benefit of tax relief. My legislation taxes. And the people who say, well, we tion. It does not pass the smell test. closes tax loopholes for the major inte- must punish them; they are making What we have is crony capitalism or grated oil companies and cuts the gas too much money; let’s punish them, crony governmentalism where the gov- tax while ensuring revenue is still well, the oil companies employ 9.2 mil- ernment is picking out their friends being delivered to the highway trust lion people. They are 8 percent of our and giving money to their friends. fund. GDP. Do we want to punish the people So we come here today to raise taxes My amendment also provides for do- who are creating jobs, the people who on Big Oil. Meanwhile, we are giving mestic energy production and infra- are trying to make us energy inde- money to millionaires and billionaires, structure, which will create jobs and at pendent in our country? It makes abso- and it does not seem right that your the same time increase supply. It is lutely no sense. tax dollars should be sent to companies truly a commonsense ‘‘all of the Some will argue, well, we need to simply because they were big contribu- above’’ strategy to provide for the de- make the Tax Code fair, and the oil tors. velopment of our domestic energy re- companies have special exemptions. Another company, Fisker Karma, got sources in order to meet our energy Well, guess what. These exemptions $500 million supposedly to make an needs. and business deductions apply to other electric car in the United States. Guess It is imperative Washington takes on businesses. But they just want to take where they are making it. In Finland. our Nation’s most pressing issues, not them away from one of our successful We sent money to Solyndra through simply instigate partisan fights. Wash- industries. It seems to me, if an indus- international banks, through the Ex-

VerDate Mar 15 2010 23:49 Mar 27, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.014 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2048 CONGRESSIONAL RECORD — SENATE March 27, 2012 Im Bank. We sent money to First Solar is by not passing out dollars to friends The bill clerk proceeded to call the through the Ex-Im Bank. Do you know that are being lost by the billions of roll. what their money was for? Their dollars. We cannot simply create the Mrs. MURRAY. Mr. President, I ask money was given to them so they could money; let’s find the money. unanimous consent that the order for buy their own products. The company So I propose to end the Department the quorum call be rescinded. bought a subsidiary in Canada. We gave of Energy loans and take that money, The PRESIDING OFFICER. Without money to the company in the United put half of it against the debt, and put objection, it is so ordered. States and let them buy their own half of that into repairing or replacing f products with your money. It makes our bridges. This is how government absolutely no sense. So I have two pro- should work. We should pick priorities. RECESS SUBJECT TO THE CALL OF posals. There is not an unlimited amount of THE CHAIR One amendment to this bill would money. So let’s take it from an area The PRESIDING OFFICER. Under say. Look, if you think some compa- where it is prone to corruption and the previous order, the Senate stands nies are getting unfair deductions, let’s where it is prone to a conflict of inter- in recess subject to the call of the get rid of all deductions. Let’s just est—these alternative energy loans chair. have a flat tax. Let’s make the cor- that seem to be going mostly to the The Senate, at 12:43 p.m., recessed porate income tax 17 percent. Cur- President’s friends and political cam- until 2:43 p.m. and reassembled when rently it is 35 percent. paign contributors, let’s take that called to order by the Presiding Officer So if we want to encourage business, money and use it to repair the bridges (Mr. WEBB). if we want to encourage employment, and to pay down the debt. This is what lower taxes; do not raise taxes. Canada responsible government should do. But f has an income tax for their corpora- what we are doing in this body, what CONCLUSION OF MORNING tions of 17 percent. Most of Europe is in will happen in the next 24 hours as we BUSINESS the low 20s, and we are at 35 percent. discuss this bill is—and everybody in The PRESIDING OFFICER. Morning We wonder why we cannot get business America needs to be very clear about business is closed. started in this country. We wonder why this—when they go to the gas pump there is billions, even trillions of dol- and pay more every day for gasoline, f lars, left overseas that will not come they need to realize where the respon- REPEAL BIG OIL TAX SUBSIDIES home because we want to charge them sibility lies. ACT—MOTION TO PROCEED a 35-percent tax when it comes home. The responsibility lies with those Our bill would also say: If you have who are running up the debt, and as we The PRESIDING OFFICER. Under already paid taxes overseas once, you pay for the debt we print new money. the previous order, the Senate will re- do not have to pay again when you So gas prices rising means the value of sume consideration of the motion to come home. So a 17-percent flat tax. the dollar is shrinking. That is why proceed to S. 2204, which the clerk will We would see a boom in this country prices are rising. We need to realize report. like we have not seen in a generation. who is to blame for the gas prices. It is The legislative clerk read as follows: We would see millions of jobs being those who are running up the debt. But Motion to proceed to S. 2204, a bill to created if we would just learn the basic we also have to realize it is even worse eliminate unnecessary tax subsidies and pro- facts of economics. If we punish a com- than that. It is not just the running up mote renewable energy and energy conserva- tion. pany, we will have less jobs. If we en- of the debt, we have to realize these courage a company by giving them people today now want to add $25 bil- Mr. REID. Mr. President, I ask unan- more tax breaks, we will have more lion to the gas prices. That is what imous consent the time until 3:30 today jobs. Taxes are a cost. happens. be equally divided between the two If this bill passes, not only will our When we raise the taxes on the oil leaders or their designees; that at 3:30 gas prices continue to rise—they have companies we will add $25 billion in p.m. today the Senate adopt the mo- already doubled—but we will see our taxes, but we will increase their cost tion to proceed to S. 2204, and then the gas prices going through the roof. But by $25 billion. Any business that sells Senate vote on the motion to invoke then again there are people in this ad- products simply passes that on to the cloture on the motion to proceed to ministration who do not even drive a consumer. Calendar No. 296, S. 1789. car. They do not understand the price So what we are here about—and they The PRESIDING OFFICER. Without of gas because they do not have to should retitle their bill—since they are objection, it is so ordered. drive a car. Someone picks them up in willing to, by this legislation, increase The Senator from Florida. a limousine. The thing is, they need to gas prices, it should be called ‘‘the bill (The remarks of Mr. NELSON of Flor- go to the pump. They need to see how to raise your gas prices.’’ ida are printed in today’s RECORD much we are spending on gas. They So what I would ask this body to do under ‘‘Morning Business.’’) need to see what they are doing to this is to consider two amendments that Mr. NELSON of Florida. country and what they are doing to the would actually lower the debt and take I yield the floor. job market. money away from crony capitalism and The PRESIDING OFFICER. The Re- I have a second amendment to this another one that would reform the Tax publican leader is recognized. bill that would take all of this money, Code to eliminate deductions and dis- Mr. MCCONNELL. Mr. President, all of these loans they are giving to crepancies within the Tax Code, but to what we are seeing in the Senate this their buddies—the Solyndra loans, the do it by lowering the tax rate, flat- week is exhibit A in what the Amer- Fisker Karma loans, the First Solar tening the tax rate, and allowing busi- ican people just don’t like about Con- loan—all of this money that is being nesses to succeed in our country. gress. Gas prices have more than dou- dispensed to people who are large con- It gets down to whom do you want to bled under President Obama and the tributors of the President, we would represent you in Washington, DC? Do Democratic control of the Senate. This take that loan program and eliminate you want a party that basically wants is an issue that affects every single it. When we eliminate that loan pro- to punish business, those who are cre- American and drives up the cost of ev- gram, we would save nearly $30 billion. ating jobs, or do you want a party that erything from commuting to groceries. The GAO has said as much as $6 billion wants to encourage business? What is the Democratic response? is at risk for loss now. If we were to We are in the midst of a great reces- Well, it is legislation that even they eliminate that money, we could put sion. Until we understand this funda- admit won’t do a thing to lower the half toward the debt and then put half mental fact, we are not going to re- price of gas at the pump. We have toward rebuilding our infrastructure. cover as a nation. seven Democratic Senators on record The President says he wants to re- I yield the floor, and I suggest the ab- saying this bill doesn’t do a thing to build our bridges. He came to my sence of a quorum. lower gas prices. One of them has actu- State. I stood on a bridge with him and The PRESIDING OFFICER. The ally called it laughable. Yet that is said I would help. But the way to help clerk will call the roll. what they are proposing here this week

VerDate Mar 15 2010 03:35 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.020 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2049 at a time when gas prices are at a na- We were sent here to solve problems, I ask that the House of Representatives tional average of nearly $4 a gallon. not avoid them, and the refusal to quickly pass this bill and get this done This is what passes for a response to come together on commonsense solu- without delay. It means jobs, it means high gas prices for Washington Demo- tions such as the ones we are proposing safety, and it means a future for Amer- crats—a bill that does nothing about on gas prices is precisely the kind of ica. it. I cannot think of a better way to il- thing people detest about Washington, I thank the Chair. lustrate how totally out of touch and and they are perfectly right to do so. I yield the floor. irresponsible the Democratic majority So I would suggest that our friends on The PRESIDING OFFICER. The Sen- has become. the other side rethink this strategy of ator from California. Look, Democrats know they have to theirs and join us. Why don’t we just Mrs. BOXER. Mr. President, I would say something about this issue, so try doing the right thing. like to thank my friend from Min- what they are doing is taking a page I yield the floor. nesota. Her leadership when she was on out of the President’s playbook and The PRESIDING OFFICER (Mr. the Environment and Public Works blaming somebody else. That is what FRANKEN). The Senator from Min- Commission was amazing. We miss her this entire exercise is about—blaming nesota. leadership there. She is working so somebody else—and, frankly, the Ms. KLOBUCHAR. Mr. President, I hard on other committees, but she still American people are tired of it. ask unanimous consent that I be al- carries in her heart the great under- If Democrats don’t want to do any- lowed to speak for 2 minutes, Senator standing that if anything is bipartisan thing to lower gas prices, just go ahead BOXER for 8 minutes, and then Senator around here, it is the highway bill and and admit it. If Senate Democrats MURKOWSKI for 10 minutes. the transportation programs. We don’t have any interest in lowering gas The PRESIDING OFFICER. Without proved it here. So I thank the Senator. prices, then just say so, but don’t waste objection, it is so ordered. I wish to talk a little bit about Big the public’s time by using the Senate SURFACE TRANSPORTATION ACT Oil and this crying about Big Oil by my floor to talk up a piece of legislation Ms. KLOBUCHAR. Mr. President, I Republican friends here, and then I am the only purpose of which is to con- rise today to stress the critical infra- going to segue to the battle to pass a vince people that you do. If the Presi- structure needs across our Nation and transportation bill and the 3 million dent doesn’t want the Keystone Pipe- urge the House of Representatives to jobs that hang in the balance. line, why doesn’t he just admit it? But act quickly and pass the surface trans- First, I have to say that I listened don’t insult the public by showing up portation reauthorization bill that we very hard to the Republican leader, for a ribbon cutting—for one part of it passed in the Senate with an over- Senator MCCONNELL, talk about what a that you had nothing to do with while whelming bipartisan vote. The fact is useless thing it is to try to say to Big lobbying against the most important that we have neglected the roads, Oil, which has had these big subsidies part at the same time. for so long, decade after decade, start- Americans are tired of the political bridges, and mass transit that millions ing when they were young companies— games and double-talk on this issue. of Americans rely on for far too long. I what a terrible thing it would be to They are tired of the constant cam- know that. A bridge collapsed just a take away those subsidies, billions of paign. They sent us here to actually fix few blocks from my house. It wasn’t dollars, when they are making multi- problems, not to avoid them, and on just a bridge, it was an 8-lane highway, billion dollars and they are robbing us this issue there is a lot we could be and 13 people died and dozens of cars at the pump, pocketing the profit. We doing to make things a whole lot bet- were submerged in the river. A bridge would like to see that money be used ter. So Republicans are happy to use just doesn’t fall down in America— for alternative fuels, for energy-effi- this opportunity to talk about some of well, it did that day—and I am com- cient cars so that we don’t have to those things. Who knows. Maybe more mitted to passing this highway bill. Democrats will decide it is long past This bill is important for jobs, and it is worry so much if the price of gas goes time they joined us in actually sup- important for drivers who sit in con- up a penny. If we are getting 50 to 60 porting and approving some of these gestion. Americans spend a collective miles to a gallon—I drive a hybrid car, proposals. But we are never going to 4.2 billion hours a year stuck in traffic and I don’t visit the gas station that solve the problems we face if Demo- at a cost to the economy of $78.2 bil- often because we get about 50 miles to crats insist on using the Senate to lion. the gallon, so the shocks that come make some political point instead of So what is the solution? Pass this with the increase in gas are a little bit actually making a difference in the highway bill. It reduces the number of muted. lives of working Americans at a mo- highway programs from over 100 down But here is the story. Americans ment of urgency like this. And we are to around 30, defines clear national have made sacrifices. They are paying certainly not going to make a dif- goals for our transportation policy, and more at the pump. They are told by Big ference if we keep sort of flitting from it streamlines environmental permit- Oil: We are so sorry that Americans one issue to another. ting. have to pay more at the pump because We are now hearing that the Demo- I spoke to 75 highway contractors there is instability in the world. Amer- crats want to move off this tax-hike today, and they are ready to go. They icans have to pay more at the pump be- legislation—maybe it didn’t make the want this bill to pass. Companies such cause our refineries are down, and we intended political point as forcefully as as Caterpillar, which employs 750 peo- are really sorry. they wanted—to move on to postal re- ple at its road-paving equipment facil- What they don’t say is that they are form. Evidently, the Senate schedule is ity in Minnesota—I visited that com- exporting the oil they find in America driven not by the needs of the public pany in August. Caterpillars’ employ- to other countries. What they don’t but by the Democrats’ perceived polit- ees are the kinds of people who are out tell us is that they are pocketing the ical needs, which seem to change from there on the front lines of American in- profits we are paying for. They are minute to minute around here. dustry. They want to build these roads pocketing the profits. In 2010 the five I would suggest that the Democrats and are the ones who are building the biggest oil companies made $80 billion learn to prioritize. Let’s stick with one products when we talk about ‘‘Made in among them. In 2011 they made $140 thing and actually do something. As I America.’’ billion among them. So no one can said, there is much we could do to ad- With the short construction season stand here—not even the esteemed Re- dress gas prices. Why don’t we stick for winter States such as Minnesota— publican leader—and tell me that Big with that? This is something that mat- my friend from California may not Oil is making sacrifices just like ordi- ters to every American. Postal reform quite have the same situation—we can- nary Americans. The people who are is important, but we all know nothing not delay, delay, delay on this highway running away with our money that we is going to get done on it until after we bill. We cannot stop these construction are paying at the pump are Big Oil and return from the Easter recess anyway. projects in their tracks. the speculators on Wall Street who are Let’s make that the pending business It is time to pass the Senate highway playing around with the instability in when we return and put first things bill. It has bipartisan support, with 74 the Middle East on commodity futures first. out of 100 Senators voting for this bill. trading.

VerDate Mar 15 2010 06:53 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.025 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2050 CONGRESSIONAL RECORD — SENATE March 27, 2012 So if you want to do something, let’s What the Nevada people tell me is times we have rejected it leads me to take away those subsidies from these that in the good old days when they the conclusion that it still remains a big oil companies that are making life were in a boom, the State could come bad idea. It is a messaging bill that has miserable for the American people. forward and take these extensions in failed over and over, and I think it de- But, no, our friends on the other side stride. They had the funding to front- serves to see that same fate again. put up a fight, and they cite a couple of load their projects and not worry about This very Congress, just a little less folks on our side who agree with them the Federal reimbursement. They than a year ago, rejected this same tax because they come from big oil States. thought that reimbursement would hike. Anybody who is curious to see I understand that. Let’s stand up for come. A, they are very worried about what it is we did back then just needs the American people. reimbursement, and B, because of the to look up vote No. 72, which was back Another way we can stand up for the recession that has hit some of our in May of last year, just to see how all American people is to speak with one States very hard because of the con- 100 Members of the Senate voted. voice and ask the House to take up the struction slowdown in housing, they do Some have accused Republicans of Senate bipartisan Transportation bill not have the funds to fast-forward any using this opportunity, when gas prices that passed this Senate overwhelm- of these projects. are high, to push our cause, if you will, ingly. The clock is ticking toward a So North Carolina has 41,000 jobs at for increased supply and that somehow shutdown, and extensions are dan- risk, and Nevada has 4,000 jobs at risk. we welcome the aspect of higher gaso- gerous. So my story on the Transpor- I spoke to Caitlin Rayman in Mary- line prices. It was actually the Presi- tation bill is a beautiful story of com- land. She talked about the uncer- dent himself who said some see a polit- promise, working together here in the tainty, and she went into four or five ical opportunity to call for greater do- Senate, and a very ugly story about different things she is trying to do now mestic energy production. what the House is doing, which is that she cannot do. It is because the With oil sitting at over $100 a barrel, dithering around, playing with fire. House is dithering and they won’t take I think we all recognize there is impact And I am telling everyone that exten- up the bipartisan Senate bill and pass out there. But I can tell my colleagues sions are death by a thousand cuts. it. So 4,000 jobs are at risk in Maryland for a fact that my constituents don’t They think they can just send over an because projects are being delayed. view this as a political opportunity. extension and feel they have done their I spoke to the director in Michigan, I get a weekly summary of what is job. Kirk Steudle. He said several large con- happening with gas prices around my Well, let me say that what we found struction projects have to be delayed. State. Right now the average price of a out today from the American Associa- The PRESIDING OFFICER. The Sen- gallon of unleaded in the United States tion of State Highway and Transpor- ator has consumed 8 minutes. is just a little shy of $4. Well, in my tation Officials, AASHTO—these are Mrs. BOXER. I ask unanimous con- hometown of Anchorage, we are paying folks who are on the ground in our sent for 30 more seconds, and then I $4.14. In Juneau, which is our State States. Today I spoke to the depart- will turn it over to my friend. capital, we are paying $4.24. In Barrow, ments of transportation from North The PRESIDING OFFICER. Without the top of the world, they are at $5.75. Carolina, Nevada, Maryland, and objection, it is so ordered. Bethel is paying $6.33. They long for Michigan. I think most people know I Mrs. BOXER. So in Michigan it is the the day they could be paying closer to represent California, and I will be back same story: 3,500 jobs. $4. We are so far beyond the national with all of the details. Senator FEIN- So I am saying to the House today— average, they don’t view higher gaso- STEIN is talking to the transportation and I encourage my colleagues to—and line prices as any kind of a political officials today. But the reason I am I know the Senator from New Hamp- opportunity. What they are asking for talking about these four States is be- shire is here and she is going to speak is that they do more. In fact, there is cause they have already calculated the a little bit later about this—come to an imperative that we in Congress do job losses that have already begun be- the floor with stories about their more to address prices. cause the House is dithering and will States. I believe there is no question—there not pass our bipartisan Transportation These extensions are dangerous and is no question—that we can bring addi- bill. they will lose jobs. Tell the House to tional resources on line, that we can North Carolina, which is not a blue pass the bipartisan Senate bill. bring several million additional barrels State—I spoke to Gene Conti, the sec- I yield the floor. of American resources to market. retary of the North Carolina Depart- The PRESIDING OFFICER. The Sen- There is no question but what it would ment of Transportation today, and ator from Alaska. do. It is going to help to create jobs. what he said was that he has delayed Ms. MURKOWSKI. Thank you, Mr. We know that for a fact. It will abso- the remaining 2012 project awards, President. This is a good discussion on lutely generate revenues. It will better which total $1.2 billion in projects and the floor today. I join with my col- insulate our Nation from the insta- employ 41,000 people. league from California in urging that bility we have with the global price The House is right down the hall. I the House move to the Transportation markets. We know that is what is hap- had the honor of serving there. I hope bill. But that is not why I rise this pening right now. Every time Iran is they are hearing this while they debate afternoon. mentioned, everything gets a little an extension. An extension of this pro- I wish to speak on the legislation shaky out there. gram is not benign. An extension of that is before us. This is the Menendez We know so much of this is due, in ef- this program is damaging. An exten- proposal to raise taxes—raise taxes on fect, to the fact that there is little sion of this program means job losses— American energy companies and I spare capacity in the global markets. 41,000 in North Carolina. think inevitably prices to American So let’s look closer to home. What do I spoke with Scott Rawlins today, consumers. It has been described as we have closer to home? who is the deputy director and chief something else, but I suggest to my The President has suggested time engineer of the Nevada Department of colleagues any effort to increase taxes and time again we only have 2 percent Transportation. He said he is holding on the energy companies that are pro- of the world’s reserves. Well, in fact, up advertising for federally funded viding a resource to us is nothing more this myth about the U.S. oil scarcity is projects until there is a reauthoriza- than a tax on our energy companies. As just exactly that. We talk about proven tion bill committing Federal funds. He we tax those energy companies, it is reserves. In fact, it is a much smaller is required to slow down the develop- sure not going to make them produce piece of the pie: 20.6 billion barrels of ment of future projects. He will not things that are more affordable, more proved reserves. But what needs to be execute consultant agreements without abundant. In fact, it will have the re- understood and, unfortunately, doesn’t reauthorization. And right now, today, sultant effect: to impact prices to make a good bumper sticker is that we AASHTO, the American Association of American consumers negatively. have, as a nation, demonstrated incred- State Highway and Transportation Of- This legislation before us is not a ible national reserves: 5.6 billion bar- ficials, tells me that 4,000 jobs are at new idea. This is something we have rels of technically recoverable re- risk in Nevada. seen before. I think the numerous sources. We don’t even count the 800-

VerDate Mar 15 2010 03:35 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.026 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2051 plus billion barrels of oil shale that are There being no objection, the mate- ‘‘Confirmation that the government in- out there. rial was ordered to be printed in the tends to enter into contractual agreements on tax relief for decommissioning costs im- So one asks the question: Why are we RECORD, as follows: proves the fiscal stability of the UK Conti- not going after the rest of the pyramid, [From Oilgram News, Mar. 22, 2012] nental Shelf, while the targeted incentives the part in blue. So much of what we UK OFFERS NEW TAX BREAKS FOR REMOTE for particular types of fields will go some are facing is that so much of this is put FIELDS way in increasing the attractiveness of areas off-limits. It is not accessible, and it is (By Robert Perkins, Jillian Ambrose, and currently starved of investment,’’ Derek not accessible because of our govern- Nathan Richardson) Leith, the head of oil and gas taxation at Ernst & Young, said in a statement. ment policies. LONDON.—The UK government March 21 The UK oil industry has been lobbying the pledged new tax breaks to boost the develop- I recognize there is more to it when government over the need for greater cer- ment of some remote, deepwater fields and it comes to an energy policy than just tainty around future decommissioning costs remove doubts over offshore decommis- drilling, just increased domestic pro- for some years. duction. But it must be part of the so- sioning costs as part of a package of meas- In 2010, UK industry body Decom North ures to support the country’s declining oil lution, and it must be a significant Sea estimated the total cost of decommis- and gas industry. sioning the UK’s oil and gas production as- part of the solution if we are going to Presenting his 2012 budget to Parliament, sets had risen to around $46 billion. talk about true North American energy UK Finance Minister George Osborne said Under the contractual arrangement, every independence. We must do more when the government would create new tax breaks North Sea participant would sign a contract it comes to conservation and effi- worth GBP3 billion ($4.75 billion) to cover with the government guaranteeing that, if ciency. We need to build out toward large and deepwater fields off the west of the decommissioning tax relief falls below 50% the renewable energy sources of the fu- remote Shetland Islands in the Atlantic mar- in the future, the government would pay gin. back the difference. ture. If we want to have a bumper ‘‘We are introducing new allowances . . . sticker, it is, ‘‘Find More, Use Less.’’ It Currently, new North Sea entrants might for large and deep fields to open up West of have to post security of as much as 150% of is pretty simple. Shetland, the last area of the basin left to be its share of the expected decommissioning The chart lets us know we truly can developed. A huge boost for investment in costs. find more here. But what we are facing the North Sea,’’ Osborne told Parliament. If the industry were confident that the 50% with the Menendez bill that is in front The area to the west of the Shetland Is- tax relief on costs now available would con- lands is still largely underdeveloped and tinue into the future, the new entrant could of us takes us in a completely different could contain up to 20% of the UK’s remain- direction. What the President and the post a lower security, effectively only 75% of ing gas reserves, according to the govern- the expected costs. Democratic leadership are proposing ment. However, the industry has not yet been cannot by its own definition reduce our The government said it also plans to in- prepared to accept securities at the lower gas prices. If anything, we are just crease existing tax breaks for developing rate because there is uncertainty over going to see them pushed higher, and small fields and promised support for invest- whether tax relief would continue in future my constituents back home just can’t ment in existing fields and infrastructure. governments. As expected, Osborne also said the govern- In steps to mitigate the tax hike impact on afford to see them pushed higher when ment plans to enter into contracts with oil they are paying above $5, above $6 per North Sea operators last year, the UK gov- companies over future decommissioning tax ernment said it would consider introducing a gallon at the pump. relief, helping to end the uncertainty over new category of oil or gas field which would We know pretty basic economic prin- the massive costs of decommissioning old oil qualify for field tax allowances. ciples are at play. Taxing something and gas production infrastructure in the It said, however, tax relief for decommis- does not make it cheaper and more North Sea. sioning spending will be restricted to the ex- UK oil producers applauded the decommis- isting 20% rate to avoid accelerated decom- abundant. We know from past experi- sioning move, estimating it could spur an ence. Due to a failed experiment with missioning. extra GBP40 billion of new investment in UK In addition to decommissioning costs, UK the windfall profits tax that harmed waters and result in the recovery of an addi- oil and gas players also have been talking to domestic fuel production and collected tional 1.7 billion barrels of oil and gas equiv- the government on allowances to boost spe- far fewer revenues than what was ex- alent ‘‘over time.’’ cific projects, or categories, where invest- pected, we know this is taking us in ‘‘We see today’s action by the Treasury as ment is marginal. the wrong direction. a turning point for the UK’s oil and gas in- In 2009, the UK introduced a new field al- dustry—toward a more stable future fostered Again, our problem is high fuel prices lowance for small fields and challenging by constructive collaboration between the HPHT—or high-pressure, high-temperature— and their effect on average Americans. government and industry to ensure that the and heavy oil fields, providing them an al- I have yet to hear anyone explain to recovery of the country’s oil and gas re- lowances to offset against tax, reducing the me how raising taxes is going to lower source is maximized,’’ UK offshore operators rate of tax paid once in production. prices. Even when we look at the sub- association Oil & Gas UK head Malcolm In January 2010, the allowance was ex- sidies that are extended in the Menen- Webb said in a statement. tended to remote, deepwater gas fields to the dez bill, not even half of these are re- The new tax moves could result in further west of Shetland. investment of over GBP10 billion and the Osborne said the government also plans to lated to the transportation fuels. production of ‘‘hundreds of millions of bar- increase the allowance for small fields to The first section in his bill is exten- rels’’ of oil and gas, the association said. GBP150 million, introduce legislation this sion of credit for energy-efficient exist- The tax measures, which were widely an- year to support investment in existing ing homes. Well, I am all for that, but ticipated, extend an olive branch to an in- ‘‘brown fields’’ and continue to look at fur- tell me how this ties in somehow to our dustry that has placed some of the blame for ther allowances for HPHT fields. Transportation bills. In terms of costs, last year’s record 18% decline in UK oil and In documents supporting its 2012 budget, it is even more unbalanced. So I am gas output on a tax hike in the governments the finance ministry said it expects its tax 2011 budget. revenues from the oil and gas industry to left at a loss to understand how perma- Last year, the UK government unveiled a slip by 14% in the 2012–13 tax year as declin- nent tax increases for oil and gas pro- surprise tax increase on offshore producers ing production levels in the North Sea offset ducers, in exchange for another year of in a bid to tap the higher earnings of oil higher expected oil prices. subsidies for efficiency and renewable companies due to rising oil prices. Oil prices are expected to average $118/b in energy, is going to make any kind of a UK offshore operators said the move, the coming tax year, up from $111/b in the meaningful difference. It kind of says which took an extra $3.2 billion out of oil 2011–12 period, the ministry said without say- to the American people: Well, that $4 companies’ pockets last year, would damage ing if the estimate is based on Brent or WTI confidence in the UK oil industry and ham- crude futures. you are paying at the pump, too bad per investment plans. Including a record 20% slump in gas pro- about that. But how about a govern- Under the decommissioning initiative, the duction in 2011 due to weak demand and a ment-subsidized dishwasher? That just government said it plans to introduce legis- warmer than average winter, total oil and doesn’t work. lation in 2013 giving it the authority to sign gas output slumped 18% on the year. Over Some will also come here to argue contracts with oil companies operating in the previous five years, the UK’s mature that increasing taxes will have no ef- the UK to provide assurance on the relief North Sea fields had seen decline rates aver- they will receive when decommissioning as- age 6%. fect on production. In response to that, sets. UK oil production peaked at about 2.6 mil- I ask unanimous consent to have print- The government said it would consult fur- lion b/d in 1999 and gas output peaked in 2000. ed in the RECORD at this point two ther on the details of the new contracts in The UK became a net importer of both com- news stories from last week. the coming months. modities in 2006 and 2004 respectively.

VerDate Mar 15 2010 03:35 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.028 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2052 CONGRESSIONAL RECORD — SENATE March 27, 2012 [From the Wall Street Journal, Mar. 21, 2012] the Menendez bill. They were respond- nerable to the volatility of the mar- U.K. PLANS OIL SECTOR TAX RELIEF ing to high oil prices, and so they kets, not vulnerable to the volatility (By Alexis Flynn) moved to increase taxes on the indus- that comes from OPEC setting the LONDON.—Oil and gas firms operating in try. Well, the result is not going to prices as they do, not in a situation the U.K. North Sea will be guaranteed tax come as a surprise. When the govern- where we are spending millions and bil- relief for the costs of retiring old rigs and ment made it less economical to lions of dollars to import a resource we platform and be given fresh tax allowances produce oil by hiking their tax rates, need but that we have as a nation. totaling £3.5 billion ($5.55 billion) for harder- companies stopped producing and they I can’t fathom why the Congress to-access deep water fields. The move comes as the U.K. seeks to spur were making their investments else- would want to drain our economy by renewed investment in its energy sector, where. raising taxes on the very businesses Chancellor of the Exchequer George Osborne In the years since Great Britain im- that help minimize our foreign depend- said Wednesday in his annual budget speech posed its tax hikes, its production de- ence, help create good-paying jobs for to lawmakers. cline has tripled from 6 percent to 18 our families, and truly help to make a The measure ends months of uncertainty percent. Let me repeat that. In the difference to Americans around the among the region’s oil producers and comes year since Great Britain imposed tax country in the long run. after intense talks between government and increases on oil producers, production industry over possible measures to aid in- With that, I yield the floor. vestment in the North Sea. decline accelerated from 6 percent a The PRESIDING OFFICER. The Sen- The move extends an olive branch to the year to 18 percent a year. Now Britain ator from California. industry, which was incensed by a surprise is in the process of doing an absolute Mrs. BOXER. Mr. President, I am hike in the windfall tax on oil and gas profits about face. They are likely going to going to yield in just 2 minutes because last year. A record 18% decline in oil and gas offer $5.5 billion in tax relief to the oil production in 2011 was blamed in part on the I know Senator SANDERS is here. I real- companies to try to bring the produc- ly feel I need to respond because it is tax increase. tion back. Mr. Osborne said Wednesday the govern- very important to note that under the ment will sign contracts with companies I am sure some here would refer to leadership of President Obama—for such as Premier Oil and Apache Corp. guar- that tax cut as a subsidy and ignore decades we did not drill as much as we anteeing tax relief for the lifetime of a the inconvenient fact that higher tax have drilled now. We have more wells project. The ironclad government assurance levels lead to lower production. They pumping than at any time in recent on decommissioning could pave the way for don’t lead to cheaper fuel; they lead to memory. I think it is an important at least £17 billion of new investment over lower production. Yet even in the face the life of the North Sea basin, said Mr. point. of high fuel prices and compelling em- Of course, we are not going to drill Osborne. pirical evidence, the proposal in front In addition, it will provide tax allowances off the coast of some of our precious of us is going to take us down the exact for companies investing in fields located in areas because we have to support the the deeper waters west of the Shetland Is- same path that Great Britain went fishing industry, we have to support lands that are much harder to reach and re- down last year. It would make the the recreation industry, the tourism quire greater amounts of capital investment. clear mistake of driving production industry. But all this argument about Mr. Osborne said the fresh allowances for away when I think we need it most. this harder-to-reach exploration and produc- drill, baby, drill and we will solve ev- The outcome in England just helps erything does not work because we tion would total some £3.5 billion. prove this is a seriously defective idea Under current rules, the government cov- threaten jobs when we go to certain and a dangerous one. So we just need ers between half and three-quarters of the areas that are pristine and very impor- costs of dismantling old fields by making to look at what has happened across tant sources of economic income for them tax deductible, but there are fears the pond. our States. Plus, if you ask my col- If the Senate were really serious among many companies—and the banks that leagues on the other side, they will not lend to them—that these rules could change. about addressing gasoline prices, we support keeping the oil in America— An entire production facility needs to be would be taking long-overdue steps. they will not—and we are exporting removed once a reservoir has been ex- The PRESIDING OFFICER. The Sen- more oil than we ever have before. hausted, with its wells plugged and the site ator has consumed 10 minutes. returned to as natural a state as possible. Ms. MURKOWSKI. Mr. President, I So this thing gets very interesting The process is expensive and complicated, when we look at it. Still, in all, the big and poses a number of environmental and don’t see anyone in the queue, if I may have another minute to wrap up. oil companies—as we all make our sac- safety challenges. rifices at the pump—are bringing in Decom North Sea, a nonprofit organization The PRESIDING OFFICER. Without jointly funded by the industry and the gov- objection, it is so ordered. record, record, record profits. They ask ernment, expects the cost of decommis- Ms. MURKOWSKI. If we are really se- us to make sacrifices because there is sioning efforts to reach about £30 billion by rious in the Senate about what we are instability in the world, but they are 2040. doing in terms of increasing our long- pocketing those increases. Yet our Re- The issue is particularly acute for the overdue requirement to up our oil re- publican friends cry bitter tears be- smaller independent firms that are leading sources, our oil production and supply, cause we want to suggest that sub- much of the next wave of investment in the we know how. We have opportunities sidies they got decades ago—kept on North Sea, wringing out the last drops of oil undisturbed billions of dollars—we from many of the older fields that were sold from our neighbors to the north in off by majors like Exxon Mobil Corp. and BP Canada with the Keystone Pipeline. We would like to see those funds go into PLC. clearly have opportunities in Alaska making it easier for America’s families These companies have been hamstrung by from the Outer Continental Shelf, from to be able to buy more fuel-efficient the legal requirement to provide security, the Rocky Mountain West. We still im- cars, to be able to find alternative usually letters of credit or large cash depos- port about half of our oil supply and fuels, et cetera, et cetera. its, against future decommissioning costs. A about half of that is from OPEC. When I come back to the floor after tougher economic environment means these this discussion on the postal reform, I companies are finding their access to capital One last chart, if I may. Right now, restricted and lenders less willing to issue about 47 percent is OPEC; non-OPEC is am going to talk more about the high- letters of credit against a backdrop of fiscal 53 percent. If we were to add to our mix way bill. The House is about to vote on uncertainty and declining North Sea produc- in this country what we could get from a 60-day extension. Let me tell you, tion. Keystone, which is the middle pie, but that is dangerous. I hope colleagues Ms. MURKOWSKI. Mr. President, look where we would be as a nation. If over there will not do that because, I these are news stories, not editorials. we were to plus up our activity with have to tell you, every day we extend One is from Platts Energy; the other is domestic production, bring on Key- the highway trust fund for a short pe- from the Wall Street Journal. Both de- stone, and with our existing resources, riod of time, we lose jobs, and we need tail an announcement from the British our imports from OPEC are reduced to certainty. Government that it is going to reverse a minimal amount. We talk about I am happy to yield the floor at this its own taxes on the oil companies. North American energy independence, time. Last year, England decided to do es- and we truly could be in that position The PRESIDING OFFICER. The Sen- sentially what is being proposed with where we are not vulnerable—not vul- ator from Vermont.

VerDate Mar 15 2010 06:53 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.003 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2053 POSTAL SERVICE REFORM Some of us felt the Lieberman-Car- this country, I think it is important we Mr. SANDERS. Mr. President, later per-Collins-Brown bill did not go far begin that debate and vote for cloture. this afternoon—actually, in a fairly enough, and we have been working With that, I yield the floor. short while—we are going to be voting with the chairmen of the committees The PRESIDING OFFICER. The Sen- on whether to proceed with the Postal to try to improve that bill, and I think ator from Connecticut. Service reform bill, and I hope we vote we have made some success. I think if Mr. LIEBERMAN. Mr. President, I yes. I hope we have a strong bipartisan we look at the managers’ amendment, rise to urge our colleagues to vote for vote to go forward. I will tell you why. we will see stronger guarantees to cloture to proceed to the Postal Serv- About 9 or 10 months ago, the Post- make sure we are not shutting down ice bill. I will speak very briefly. master General came up with a pro- rural post offices all over America; This a great American institution, posal for the Postal Service. In my that if we shut down processing plants, right there from the founding of our view, that proposal from the Post- it will be a significantly smaller num- country. In fact, it is in the Constitu- master General is an unmitigated dis- ber than was originally proposed, and tion to provide post offices. It is an in- aster for our country and especially for that also we would maintain strong stitution that is today in trouble. Last rural America. mail delivery standards—if not as year, it lost almost $10 billion. Why? This is what his original proposal strong as I would like, at least stronger Part of it is the economic recession, outlined: What he proposed was the than what the Postmaster General but the real explanation is that mail shutting down of more than 3,600 most- originally proposed. volume has dropped 21 percent in the ly rural post offices. If one lives in a Here is my fear: The Postmaster Gen- last 5 years, and mostly that is because rural State such as mine, one knows eral is raring to go. If he perceives and people are using the Internet and e- how important rural post offices are, the board of postal commissioners per- mail instead of traditional mail. Yet and their function is beyond being just ceive the Congress cannot act, they are the Postal Service not only itself pro- a post office. In many small commu- going to go forward and bring forth a vides a great service, but it facilitates nities throughout this country, post of- proposal which will not be as strong in various sectors of our economy that fices are the center of the town. It is protecting post offices and workers and employ 7 million people—mailers, mail where people come together. It is what the American people as we can do. So order catalogs, and the like. develops a sense of community. In what we managed to do back in Decem- Our committee, when confronted some cases, it is what that small rural ber was get a 5-month moratorium to with this crisis—and the statement town is all about. If we shut down that prevent the shutting down of rural post from Postmaster General Donahoe that rural post office, in some instances we offices and processing plants. That ex- if nothing was done, he would have to are literally shutting down that town. begin curtailing operations sometime We should also understand, in the pires on May 15. I think it is terribly important we this year because he would essentially midst of the serious financial problems begin the process, we vote to proceed run out of enough money to operate facing the Postal Service, shutting within the next hour, we bring that bill the Postal Service as it is—tried to get down 3,600 mostly rural post offices to the floor, there is an open process by together and work on a balanced pro- would save the Postal Service one- which people, including myself, will gram. We reported out a bipartisan quarter of 1 percent of their budget. So bring forth amendments to make the bill. Some people said it was too much; the original plan—which has since been some people said it was too little. We modified—was to shut down 3,600 rural bill even stronger than it is right now. I would point out to my colleagues, think it was just about right. post offices, and I would suggest in terms of the financial problems fac- There has been a lot of dialog with whether one is a conservative Repub- ing the Postal Service, clearly, they Senator SANDERS and others, people on lican or a progressive Independent, have to deal with the serious problem, both sides of the aisle. When we take that is not good for their State, not the very real problem that first-class this up—and I sure hope it is ‘‘when’’ good for America. In addition, the Postmaster General’s mail has gone down very significantly, and not ‘‘if’’ because I do not know how original proposal talked about shutting being replaced by e-mail. There is no we could just turn away from this down some 220 mail processing facili- question that is a real, legitimate prob- problem and essentially say to the ties all over this country. That is ap- lem. Postmaster: We are not going to pro- proximately one-half of the mail proc- But what is not a legitimate problem vide you any help; you are going to essing plants. If he did that, that would is that the Postal Service uniquely in have to handle this. What he is going end overnight delivery standards for America—not in local governments, to do is close a lot of post offices, in first-class mail. State governments, Federal agencies or my opinion, close a lot of mail proc- At a time when the Postal Service is the private sector—the Postal Service essing facilities, raise prices to the ex- facing extreme competition from e- alone is being asked to put $5.5 billion tent he can under existing law. mail and the Internet, in my view, the every single year into their future re- This is a balanced program. It cre- last thing we would want to do is to tiree health benefits program. Accord- ates some protections for small and slow down mail service. I think I speak ing to the inspector general of the U.S. rural post offices before they can be for many Members of the Senate who Postal Service, given the fact there is closed. It creates new standards in the say, if we move in that direction, mak- some $44 billion in that fund already, delivery of mail so the Postmaster will, ing mail delivery slower, we are begin- with interest rates accruing, we do not in his wisdom, be able to thin out em- ning the death spiral for the Postal need to put more money into that fund. ployment at some of the mail proc- Service. Many businesses, many con- There is widespread agreement the essing facilities, perhaps close some of sumers will be saying: Sorry, I am Postal Service has overpaid into the them but nowhere near what he wanted going to look elsewhere to get my Federal Employees Retirement System to do earlier. packages, get my mail delivered. some $10 billion or $11 billion; into the The Postmaster asked us for author- Furthermore, the original proposal Civil Service Retirement System, at ity to go from 6 days of delivery of from the Postmaster General was to least a couple billion dollars and per- mail to 5 days of delivery of most mail, shut down Saturday mail delivery and, haps a lot more. and we essentially said: You may have in the process, reduce the workforce of The bottom line is this: If we are se- to do that, Mr. Postmaster, but do not the Postal Service—in the midst of the rious about protecting rural America, do it for 2 years. See if the other things worst recession since the Great Depres- if we are serious about protecting 3,600 we are authorizing you to do enable sion—by over 200,000 jobs. rural post offices, if we believe the post you to get the Postal Service back in Senators LIEBERMAN and CARPER, office must continue being an impor- fiscal balance. But if not, after the 2 Senators COLLINS and SCOTT BROWN, tant part of what America is about—so years, with the process we ordained, the ranking members of the commit- important to our economy and to small they will have to go to 5 days of deliv- tees, came together and put together a businesses—and we do not want to ery. bill which was significantly better than delay mail service, slow down mail Here is the bottom line: We are try- what the Postmaster General had pro- service, we do not want to shut down ing everything we can to save this posed, no question about it. half of the mail processing plants in great institution. It is not a relic. It is

VerDate Mar 15 2010 03:35 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.030 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2054 CONGRESSIONAL RECORD — SENATE March 27, 2012 a fundamental part of the modern majority leader’s view that we ought rious challenges, and it needs to work economy, and it has some great re- to turn to the postal reform bill. What with Congress and the American people sources. First is its presence all over I intend to do is to ask that we modify to address them. the country. One of the things we are the consent that the majority leader There are some who say that the doing—we worked on this with Senator just offered—modify his request so that Postal Service can cut its way out of SANDERS and others—in the substitute, on Monday, April 16, we proceed to the its financial hole. we will create an advisory commission, consideration of S. 1769, the postal re- The plan put forth by the Postmaster a new commission which will be form bill. General would do just that. It would charged with the responsibility of not That would give us an opportunity to have a heavy impact on my State, with only reviewing the operations of the further debate and discuss the Menen- at least 8 processing facility closures Postal Service to make sure it is being dez proposal, which we just invoked and perhaps more than 250 post office managed and run most efficiently but cloture on yesterday, for the remainder closures. Under that plan, mail from for looking for a new business model, of the week. So I object. Springfield—the State capital—would for new ways to use the great assets of The PRESIDING OFFICER. The ma- be shipped all the way to St. Louis, the Postal Service—one, that it is all jority leader. just to come back to Springfield once over the country in the post offices; Mr. REID. Mr. President, reserving again. and, two, that no one else can cover the right to object, I think most people And these facilities are key hubs of the last mile of delivery to everybody’s know I worked here as a police officer commerce throughout the State. for most of the time I was going to law house or business in the country re- Take Quincy, IL, for example. The school. I also worked for a period of gardless of where you live, including Postal Service had already studied time in the post office. I am not an ex- the iconic burros that help deliver the Quincy for consolidation in 2009. At pert on the post office, but I know the mail in the Grand Canyon and the that time, the Postal Service found importance of post offices. mailmen on snowshoes who deliver it that the facility in Quincy was effi- in rural parts of Alaska. Right now, I know what is going to happen in the State of Nevada if we do not make cient and closing it would not create FedEx, UPS, and others use that serv- new efficiencies. Despite that finding, ice of the last mile to complete their some arrangement to help the Postal Service survive. Scores of small post the Postmaster General decided to delivery to their customers. press ahead with the closure of the We want to see if we can figure out offices in Nevada will go out of busi- ness. There will be distribution centers Quincy facility this year. The facts are how the Postal Service can make more in Quincy’s favor, but it seems that the money so it can stay alive. This is a that may not exist after a few months. So I wish to get to the postal bill as Postal Service only wants to cut its great American institution which I be- way to death. lieve has a great future, but it is not much as anyone in this Chamber, hav- ing worked for the Postal Service, This bill is about jobs too. The Postal going to have it unless we help. Service employs more than 30,000 peo- So here we are challenged again. Are through the House Post Office. I wish to move to the postal bill. But ple in my State, from clerks, to driv- we going to fall into ideological rigid- ers, to postmasters, to letter carriers, ity or partisan conflict and let this I am not going to be forced into doing it at a time that may not work out just and so many more. These are not high- great institution slide and fall into a paying jobs, they are not glamorous. deep crisis or are we going to work to- right for our schedule; that is, the Sen- ate. So I will move to that shortly These are middle-class jobs that sup- gether, as I believe our committee has, port the world’s best postal delivery to present a bipartisan solution which after the recess as quickly as I can, but I am not going to agree to a specific network. Nationwide, the Postal Serv- will guarantee, in a very different time ice employs more than half a million in American history, that the post of- time. I object to the modification. people. Millions more in this country fice—the U.S. Postal Service—can play The PRESIDING OFFICER. The re- are employed in businesses that depend as vital a role as it has throughout all quest of the initial modification is ob- on the Postal Service. the rest of our history. jected to. Given the wide-reaching impact of I yield the floor. Mr. MCCONNELL. Mr. President, I the Postal Service, it is clear to me I suggest the absence of a quorum. object to the initial request. that cutting to the bone is the wrong The PRESIDING OFFICER. The The PRESIDING OFFICER. Objec- approach. It will lead to a death spiral clerk will call the roll. tion is heard to the initial request. and the eventual end of the Postal The assistant legislative clerk pro- Service as we know it. ceeded to call the roll. f Mr. REID. Mr. President, I ask unan- 21ST CENTURY POSTAL SERVICE The Postal Service must grow and re- imous consent that the order for the ACT OF 2011 form its way into 21st century competi- tiveness. This bill is a first step toward quorum call be rescinded. The PRESIDING OFFICER. Under The PRESIDING OFFICER. Without achieving that goal. Brought to the the previous order, pursuant to rule floor under the leadership of Senators objection, it is so ordered. XXII, the clerk will report the motion Under the previous order, the motion LIEBERMAN and COLLINS, this bill be- to invoke cloture. gins the process of addressing some of to proceed to S. 2204 is agreed to. The assistant legislative clerk read the serious challenges facing the Post- as follows: f al Service. This will help USPS reduce UNANIMOUS CONSENT REQUEST— CLOTURE MOTION long-term costs, increase efficiency, S. 2204 We, the undersigned Senators, in accord- and grow into a 21st century service ance with the provisions of rule XXII of the Mr. REID. Mr. President, I ask unan- Standing Rules of the Senate, hereby move provider. I think these steps can be imous consent that if cloture is in- to bring to a close debate on the motion to taken while maintaining a world-class voked on the motion to proceed to S. proceed to Calendar No. 296, S. 1789, the 21st level of service. 1789, which is the postal reform bill, Century Postal Service Act. There is no question there will be and the motion to proceed is later Harry Reid, Thomas R. Carper, Sherrod some short-term and long-term pain adopted, the Senate resume consider- Brown, Mark Begich, Bill Nelson, associated with reforming the Postal Frank R. Lautenberg, Jeanne Shaheen, ation of S. 2204, which is the Repeal Big Service. Without tough choices, I can Richard Blumenthal, Christopher A. assure you there will be bankruptcy Oil Subsidies Act, at a time to be de- Coons, Dianne Feinstein, Patrick J. termined by the majority leader, fol- Leahy, Richard J. Durbin, Joseph I. and the demise of the Postal Service. lowing consultation with the Repub- Lieberman, Patty Murray, Charles E. I believe that measured steps now, lican leader. Schumer, Mark L. Pryor. though painful, are worthwhile to pre- serve and improve the Postal Service The PRESIDING OFFICER. Is there f objection? for generations to come. The Republican leader. POSTAL REFORM I urge my colleagues to join me in Mr. MCCONNELL. Mr. President, re- Mr. DURBIN. Mr. President, there is voting for cloture on the motion to serving the right to object, I share the no question the Postal Service faces se- proceed to this important legislation.

VerDate Mar 15 2010 03:35 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.032 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2055 And I look forward to an open and hon- REPEAL BIG OIL TAX SUBSIDIES The Senator from Nevada [Mr. REID] pro- est debate and to working with my col- ACT poses an amendment numbered 1971 to the leagues to strengthen the bill. instructions on the motion to commit S. 2204 Mr. REID. Would the Chair be kind to the Committee on Finance. The PRESIDING OFFICER. By unan- enough to announce the pending busi- The amendment is as follows: imous consent, the mandatory quorum ness? call has been waived. The PRESIDING OFFICER. S. 2204 is In the amendment, strike ‘‘3 days’’ and in- sert ‘‘4 days’’. The question is, Is it the sense of the the pending business, which the clerk Senate that debate on the motion to will report. Mr. REID. I ask for the yeas and nays proceed to S. 1789, a bill to improve, The assistant legislative clerk read on that amendment. sustain, and transform the United as follows: The PRESIDING OFFICER. Is there a sufficient second? States Postal Service, shall be brought A bill (S. 2204) to eliminate unnecessary to a close? tax subsidies and promote renewable energy There appears to be a sufficient sec- ond. The yeas and nays are mandatory and energy conservation. The yeas and nays were ordered. under the rule. AMENDMENT NO. 1968 AMENDMENT NO. 1972 TO AMENDMENT NO. 1971 The clerk will call the roll. Mr. REID. I have an amendment at the desk. Mr. REID. I have a second-degree The assistant bill clerk called the amendment at the desk. roll. The PRESIDING OFFICER. The clerk will report. The PRESIDING OFFICER. The Mr. KYL. The following Senators are The assistant legislative clerk read clerk will report. necessarily absent: the Senator from as follows: The assistant legislative clerk read Utah (Mr. HATCH), the Senator from Il- as follows: The Senator from Nevada [Mr. REID] pro- linois (Mr. KIRK), and the Senator from poses an amendment numbered 1968. The Senator from Nevada [Mr. REID] pro- Alabama (Mr. SESSIONS). The amendment is as follows: poses an amendment No. 1972 to amendment Further, if present and voting, the No. 1971. At the end, add the following: Senator from Utah (Mr. HATCH) would This Act shall become effective 1 day after The amendment is as follows: have voted ‘‘nay.’’ enactment. In the amendment, strike ‘‘4 days’’ and in- The PRESIDING OFFICER (Mrs. sert ‘‘5 days’’. Mr. REID. I ask for the yeas and nays SHAHEEN). Are there any other Sen- on that amendment. Mr. REID. I have a cloture motion at ators in the Chamber desiring to vote? The PRESIDING OFFICER. Is there a the desk. The yeas and nays resulted—yeas 51, sufficient second? The PRESIDING OFFICER. The clo- nays 46, as follows: There appears to be a sufficient sec- ture motion having been presented [Rollcall Vote No. 60 Leg.] ond. under rule XXII, the Chair directs the YEAS—51 The yeas and nays were ordered. clerk to read the motion. The assistant legislative clerk read Akaka Gillibrand Murray AMENDMENT NO. 1969 TO AMENDMENT NO. 1968 Begich Hagan Nelson (NE) Mr. REID. I have a second-degree as follows: Bennet Harkin Nelson (FL) amendment that has also been filed at CLOTURE MOTION Bingaman Hoeven Pryor the desk. We, the undersigned Senators, in accord- Blumenthal Inouye Reed ance with the provisions of rule XXII of the Boxer Johnson (SD) Sanders The PRESIDING OFFICER. The Brown (MA) Kerry Schumer clerk will report. Standing Rules of the Senate, hereby move to bring to a close debate on S. 2204, a bill to Brown (OH) Klobuchar Shaheen The assistant legislative clerk read Cantwell Kohl Snowe eliminate unnecessary tax subsidies and pro- Carper Landrieu Stabenow as follows: mote renewable energy and energy conserva- Casey Lautenberg Tester The Senator from Nevada [Mr. REID] pro- tion. Collins Leahy Udall (CO) poses an amendment numbered 1969 to Harry Reid, Robert Menendez, Benjamin Conrad Levin Udall (NM) amendment No. 1968. L. Cardin, Jeff Merkley, Patrick J. Coons Lieberman Warner Durbin McCaskill Webb The amendment is as follows: Leahy, Michael F. Bennet, John F. Kerry, Al Franken, Tom Udall, Jeanne Feinstein Menendez Whitehouse In the amendment, strike ‘‘1 day’’ and in- Shaheen, Bill Nelson, Daniel K. Akaka, Franken Moran Wyden sert ‘‘2 days’’. Claire McCaskill, Christopher A. NAYS—46 MOTION TO COMMIT WITH AMENDMENT NO. 1970 Coons, Jack Reed, Richard Blumen- Alexander Enzi Mikulski Mr. REID. I have a motion to commit thal. Ayotte Graham Murkowski the bill with instructions, which is at Mr. REID. Madam President, I ask Barrasso Grassley Paul the desk. Baucus Heller Portman unanimous consent that the manda- Blunt Hutchison Reid The PRESIDING OFFICER. The tory quorum call under rule XXII be Boozman Inhofe Risch clerk will report the motion. waived. Burr Isakson Roberts The assistant legislative clerk read The PRESIDING OFFICER. Without Cardin Johanns Rockefeller Chambliss Johnson (WI) as follows: Rubio objection, it is so ordered. Coats Kyl The Senator from Nevada [Mr. REID] moves Shelby f Coburn Lee Thune to commit the bill to the Committee on Fi- Cochran Lugar Toomey nance with instructions to report back forth- PROPOSING A MINIMUM EFFEC- Corker Manchin with with an amendment numbered 1970. Cornyn McCain Vitter TIVE TAX RATE FOR HIGH-IN- Crapo McConnell Wicker The amendment is as follows: COME TAXPAYERS—MOTION TO DeMint Merkley At the end, add the following: PROCEED NOT VOTING—3 This Act shall become effective 3 days Mr. REID. I now move to proceed to after enactment. Hatch Kirk Sessions Calendar No. 339, the Paying a Fair Mr. REID. I ask for the yeas and nays Share Act, which is S. 2230. The PRESIDING OFFICER. On this on that motion. The PRESIDING OFFICER. The vote, the yeas are 51, the nays are 46. The PRESIDING OFFICER. Is there a clerk will report. Three-fifths of the Senators duly cho- sufficient second? The assistant legislative clerk read sen and sworn not having voted in the There appears to be a sufficient sec- as follows: affirmative, the motion is rejected. ond. Motion to Proceed to S. 2230, a bill to re- The majority leader is recognized. The yeas and nays were ordered. duce the deficit by proposing a minimum ef- Mr. REID. Madam President, I enter AMENDMENT NO. 1971 fective tax rate for high-income taxpayers. a motion to reconsider the vote on Mr. REID. I have an amendment to Mr. REID. Madam President, I sug- which cloture was not invoked on the the instructions at the desk. gest the absence of a quorum. motion to proceed to Calendar No. 296, The PRESIDING OFFICER. The The PRESIDING OFFICER. The S. 1789. clerk will report. clerk will call the roll. The PRESIDING OFFICER. The mo- The assistant legislative clerk read The assistant legislative clerk pro- tion is entered. as follows: ceeded to call the roll.

VerDate Mar 15 2010 06:53 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.042 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2056 CONGRESSIONAL RECORD — SENATE March 27, 2012 Mr. COONS. Madam President, I ask month. Rather than take up and con- the House side. They have had months unanimous consent that the order for sider and hopefully pass this bill, folks to work on this. I think they actually the quorum call be rescinded. in the other Chamber—and frankly, banked that we would not work to- The PRESIDING OFFICER. Without sadly, largely folks on the other side of gether here, Democrats and Repub- objection, it is so ordered. the partisan aisle here—are refusing to licans, and get something done. We ac- SURFACE TRANSPORTATION ACT do so and will instead take a short- tually did, and a pretty significant Mr. COONS. Madam President, I rise term chip shot of an extension. piece of legislation about transpor- today to address a simple but impor- I simply wanted to say, if I might, tation infrastructure that is crumbling tant issue about what our path forward that certainty is something I respect in this country got 74 votes, bipartisan, is to building a stronger and safer from my years in the private sector. from all spectra of political persua- America. I was deeply frustrated to Certainty is something I hear from the sions. I think they banked that we hear earlier today that the Transpor- other side of the aisle in the other would fail, but we didn’t. There were tation bill, which was passed by an Chamber all the time. And this is a mo- five weeks of work and a lot of com- overwhelming bipartisan consensus in ment when certainty can be served by promise because we know what the im- this Chamber, has gone over to the the House taking up and passing the pacts are on the street if we don’t do House and they cannot find a way for- Senate-passed bill. this. ward to respond to this bill from us or Mr. BEGICH. Will my friend from Back home, if the House doesn’t take find any clarity or certainty about Delaware yield for a question? action on a very reasonable bill, a bi- whether to simply take up, debate, Mr. COONS. Absolutely. I yield to partisan bill, what will happen in Alas- amend, or consider and enact, hope- the Senator from Alaska. ka is that some of these projects will fully, our bill from the Senate or ask Mr. BEGICH. The Senator was a de-obligate, or not obligate the funds, for short-term extensions of 30, 60, or 90 county executive; I was a mayor of a which means they will delay them. days. community. We had to deal with the That means the contractors who ex- Madam President, as you know as a real-life aftermath of what happens pected to do work this summer will former Governor and as I know as a around here, especially when it comes not. And in Alaska, because we are a former county executive, when invest- to these extensions. I know in my city, winter climate—a lot of Northern ing in work as important as bridges when I saw these extensions from that States have a similar situation—the and highways and roads that make in- end of the table, we always had to stop plant that provides the asphalt closes frastructure, transportation, and a re- projects, slow them down, didn’t have usually the first part of October. So liable and predictable future for our the money to finish them, winter shut- you have a window that shrinks very economy possible, nothing is more im- down. All it did was add costs, decrease rapidly. If you are not careful, the net portant than certainty. Financing the capacity of roads, and literally result is that you have no projects and major highway projects, buying major take projects off the list. you pay more, which means that the pieces of equipment, and hiring the In his community, the Senator had delay the House side is doing is going crews to do the work are exactly the to deal with this probably like I had to. to cost taxpayers more money and sorts of things where certainty is crit- Did the Senator have the same kind of there will be less jobs. In Alaska we ical. impact where you had to tell contrac- have 18,000 jobs at risk. And at the end I have a simple question to our tors: I am sorry, we don’t have the of the day, again, you get less product, friends in the other Chamber, which is money because the Federal Govern- fewer roads. when will they take up this bill that ment has not done their job that they I can only assume the experience I passed this Chamber by such an over- said they would do 20-some times be- have here matches the Senator’s State whelming margin and when will they fore and never completed it? Is that a government that worked with the take seriously the broad bipartisan similar situation? county when he was county executive; input from every imaginable group in Mr. COONS. Madam President, the it is the same thing they had to go support of this. Senator from Alaska is absolutely through, as the Senator explained on I was active in my previous elected right. In my county, we didn’t do his water and sewer projects. But, as he role as county executive with the Na- roads, our State does the roads, but we said, times are different. You can’t sup- tional Association of Counties, the U.S. did sewers, and heavy capital invest- plement it with local money, the way Conference of Mayors, the U.S. Cham- ments in infrastructure would cost our it used to be, because we don’t have it. ber of Commerce, and the AFL–CIO. All little county tens of millions of dol- The economy is struggling and start- have weighed in. In fact, if I remember lars. We would be on a project, off a ing to come back. But here we are at a correctly, the U.S. Chamber of Com- project, on a project, off a project. We moment when the economy is moving merce wrote every single office at the were fortunate that our county in good in the right direction, and what are we Senate in support of this legislation, times had enough money in reserve doing? The House over there is just calling for specific action that both the that we could go ahead and authorize waiting. I think that is not the exam- Congress and administration could the bond issue and authorize the ple we are looking for but what we are take right now to support job growth project. But as the economy turned and doing and what we are suffering and economic productivity without as our balance sheet got tougher, we through. adding to the deficit. had to wait, we had to put things on Mr. COONS. What strikes me most This bill came out of the committee hold, and we had to put off key about this, Madam President, and to after remarkable work by Senator projects. the good Senator from Alaska, is that BOXER of California and Senator I know the good Senator from Alas- of all the sectors in the entire Amer- INHOFE of Oklahoma, two Senators who ka, as a former mayor of Anchorage, ican economy—at least in my home are widely viewed as being at the oppo- also saw that happen in transportation. State—that have suffered since the fi- site ends of our political spectrum here Is that not the case, that certainty was nancial collapse of 2008, construction in this Chamber. an enormous challenge when the Sen- was hit the hardest. We already knew When I go home to Delaware, I hear ator was relying on a Federal partner that we were far behind in investment. folks say over and over again: Why who was unreliable? We have tens of thousands of bridges can’t you work together? Why can’t Mr. BEGICH. Absolutely, I say to the that are out of compliance with basic you iron out your differences and put Senator from Delaware. In Alaska, I engineering standards. Half of our America on a clearer, straighter track chaired the Metropolitan Planning Or- roads are below the standards we would toward a stronger recovery? ganization, the MPO, which had this expect from a modern economy. This is Well, this is exactly the sort of bill money that would come from this leg- money that can and should be invested that will accomplish that end. A 2-year islation. It would come to us, and if in putting people to work in construc- reauthorization, a $109 billion bill that they delayed it here or they had these tion, which has suffered from the high- in my small State of Delaware would crazy continuations because for some est unemployment. It has the support create 6,700 jobs now hangs in the bal- reason they could not get their work from the Chamber of Commerce to the ance. It will expire at the end of this done—and now we are seeing that on AFL–CIO, where we wrestled through

VerDate Mar 15 2010 03:56 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.057 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2057 the tough processes here over several I thank the Senator and the Pre- votes. Tip O’Neill never cared where he weeks, and we have a strongly bipar- siding Officer for allowing me to ask a got his votes, he just got the votes for tisan bill sitting and ready to go. few questions and give a little com- the American people. So I have written There are other things we debate in mentary. letters to Speaker BOEHNER and Leader this Chamber that will maybe create Mr. COONS. I thank the Senator CANTOR, and I have begged them to jobs, maybe won’t. There is no ques- from Alaska. As we both know from please work with us on this bill, and all tion—even those who have the strong- our former roles, when you have a we get back are statements from their est concerns about the Federal role in short-term extension, there are costs. staff, saying: Well, we are going to do our economy cannot disagree that Fed- It means that folks getting mobilized, it our way. As Congresswoman PELOSI, eral highway projects put people to getting organized, getting ready—you the Democratic leader, said today: work, strengthen our economy, and have to pull them back. When the When you say my way or the highway make us more competitive. This bill is State coffers, the county coffers, the about the highway bill, you don’t get ready to go. Why you would not take it municipal coffers don’t have the abil- much done. up and enact it today, I cannot imag- ity to float and put in place the Fed- I also wanted to thank Senator KLO- ine. eral funds they are waiting for, it BUCHAR. She also held office at the To the good Senator from Alaska, I means projects get canceled, people State level. She was a district attor- might say Alaska may have a shorter lose their jobs, opportunity and opti- ney, and she understands what happens summer season than we do, but if you mism that were moving forward get when the Federal Government, State have 18,000 jobs at risk, I can only pulled back. government, local government, all imagine the kinds of calls the Senator We have folks in this Chamber and work together for jobs, and that is is getting from his home State, as I am the other, former Governors, former what this bill is about. getting from my State, urging that the mayors, former county executives, So I am going to call today on the House of Representatives take up this former business leaders, who know the House to immediately take up and pass strong and bipartisan bill and pass it so importance of a strong and reliable the bipartisan Boxer-Inhofe bill. I am we can all move forward and create Federal partnership in strengthening going to ask them to abandon their some real jobs. infrastructure in this country. goal of a series of extensions. Mr. BEGICH. The Senator and I have I congratulate Senator BOXER and When someone goes to buy a house, the same situation he has described: Senator INHOFE for working together so they need a mortgage. Maybe it will be Yes, we are getting those calls and well to craft a tough, strong, capable a 10-year mortgage, 15-, 20-, or a 30-year they are not just—people say this is a bipartisan bill, and it is my plea that mortgage. If the banker looked at them union thing. No, it is union, nonunion, the Members of the other Chamber will and said, We can only give you a mort- chamber, environmentalists, neighbor- promptly take it up, consider it, and gage for 30 or 60 days, it would be very hoods, community councils. It is every- pass it so we can get America back to difficult, to put it mildly. It is disrup- body you can imagine because these work. tive. You don’t know how to plan, you are real jobs, about real people, about I thank the Chair. don’t know what it is going to cost, real communities. I yield the floor. you don’t know if you are ever going to Over there I think they think it is The PRESIDING OFFICER. The Sen- get the money for the house. So the some theory that if they delay it, noth- ator from California. House, by taking up these extensions, ing will happen. They are wrong be- Mrs. BOXER. Madam President, be- has to understand the impact. cause the Senator and I have lived on fore they leave the floor, I thank Sen- Today I called a press conference to that other side and had to live with the ator COONS and Senator BEGICH and let the press know what the impact is consequences of inaction. This is one of Senator SHAHEEN for the very impor- of these extensions. The extension those bills where there is bipartisan tant words they gave today on behalf means job losses. We started to put to- support, all the groups out there from of the House taking up and passing the gether a list that is coming to us from all walks of life support it, and every- bipartisan Senate Transportation bill. the States of job losses already hap- day people understand it. It is interesting to know we also have pening in the field because of the lack When I was back in Anchorage get- the senior Senator from Alaska, Sen- of action by the House. I spoke to the ting some gas at the gas station, some- ator MURKOWSKI, speaking out in favor Secretary of Transportation in North one came up and they asked me, be- of the House picking up and passing Carolina today. He has delayed the re- cause why? We are about to start our the Senate bipartisan bill. I also served maining 2012 projects totaling $1.2 bil- season in the bidding process because as a county supervisor a long time ago, lion that would employ 41,000 people. you have to take 30, 60, 90 days to get but I think we all understand that So 41,000 people do not have work, as the bids out and then you actually what we do here makes a difference. we speak today, because the House is have to construct. I think sometimes This is one Nation under God, indi- dithering and not passing the bipar- in the House they think it is some fan- visible. There cannot be a cir- tisan Senate Transportation bill. tasy land that whatever they do has no cumstance where one State puts their I spoke to the officials in Nevada. As effect. This does. I think the Senator own funding from their State into we speak, thousands of jobs have been said it very clearly, and I appreciate highways but the State next door does lost there because the House is consid- being allowed to ask a few questions nothing. They cannot have commerce. ering an extension instead of passing a and comment here. But it seems the That is why I thought Dwight Eisen- bill such as our bill. most ridiculous thing to have Alaskans hower, when he was a Republican I spoke to the officials in Maryland. telling me every day to work together, President in the 1950s, said it well. He Same thing, thousands of jobs. I spoke create bipartisan legislation, whatever was a logistics expert. He is the one to the officials in Michigan. Same it might be. Here is one we have done who started the National Highway Sys- thing. Right now we are putting to- successfully and now we are ready. But tem. He knew from his experience in gether a list from all across the coun- over there they are playing politics. war that you have to move goods and try of job losses in all of our States as They have now tried twice to do some- people. He also knew, in his role as a result of the House failing to take up thing this week and they still cannot President, that in order to have a and pass the bipartisan Senate bill. get it moving. strong economy, we have to do the What more bipartisanship do they need I would encourage those on the other same thing here at home. than to have 75 Senators support the side to move forward on the bipartisan For me to see this House dither as bill? One of them was absent due to a bill that the Senate has passed when I they are doing—they are dithering on a funeral. So we have 74 votes for it and know they were banking we would not bill. All they have to do is take up the 22 against it. What more do they want? pass it. We did it; we did our work. The bipartisan bill. For goodness sake, they Anyone watching the Senate today American people are waiting for these have three-quarters of the Senate to sees how paralyzed we are. We have not jobs, the contractor community is support it, and all we need is 218 votes. been able to do a thing. There are fili- ready, and the communities are ready. When I served in the House for 10 busters on fixing the post offices. There It is time to move forward. years, what did I learn? You needed 218 are filibusters on making sure that Big

VerDate Mar 15 2010 03:56 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.043 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2058 CONGRESSIONAL RECORD — SENATE March 27, 2012 Oil doesn’t keep ripping off consumers We talked about jobs, but we have to take what is politically possible and pass it. at the pump. Filibuster, filibuster, fili- talk about businesses. These jobs are Pass the Senate bill. buster, filibuster. But we were able to private sector jobs, and these busi- Newspapers all over the country— get over all of that and pass a transpor- nesses—over 11,000 of them—are con- look at this one: ‘‘Road to Com- tation bill. Why wouldn’t the House be struction companies that would be ad- promise.’’ One would think the House thrilled about that? Why wouldn’t the versely impacted. would embrace this. What are the House embrace what we did? Why I met with business owners. One man American people telling us? We are would the House instead stand up again was teary eyed. He said, Senator, I viewed—we in the Congress—as fight- today and say, We are going to have a have had to lay off 1,000 people because ing constantly. Our approval rating is 60-day extension. Guess what. They of the indecision here, because of the 10 percent. I don’t know who represents pulled it. They are not having a vote constant extensions we have had on the that 10 percent, but it is probably the on that today because of the uproar it highway bill. We need your bill now. I Presiding Officer’s family, my family, is creating in the States and on the said I understood. He said, I cannot and the family of my colleague from House floor. The House has not deliv- look at another worker. He said, Ex- Missouri. ered on its promise for a bill. All the tensions are like living hand to mouth. Why is that? We can’t work together. leadership does is complain about our It doesn’t work. We proved today on two bills that we bill. If you know, again, that all you are can’t get together. But we proved a Today—I couldn’t believe it—Chair- going to get is 90 days’ worth of Fed- couple of weeks ago, after 5 weeks of man MICA said this bill is not paid for. eral funding, how can you let a con- debate, we could do it on the Transpor- Senator BAUCUS, Senator THUNE, and tract for a year? No one is going to go tation bill. others worked across party lines to pay out and let a contract for 90 days for a When Senator INHOFE and I agree, my for our bill. It is 100 percent paid for. big program that lasts for a year or a goodness, that is a day. We don’t agree And guess what it does. It protects 1.9 year-and-a-half of construction. So we on so many things, believe me. We are million jobs and creates another mil- just have to remember we are not just struggling over anything that has the lion. That is what our bill does. So talking about workers; we are talking word ‘‘environment’’ in it. He is fight- they are pulling this vote. They are about the businesses that support those ing to overturn the EPA clean air pulling this vote today. Good. I am workers. rules, and I am fighting him to keep glad they are pulling this vote because I am going to show my colleagues a them. He doesn’t want that much over- they ought to instead pass the bipar- series of editorials. They have run in sight on nuclear accidents; I want more tisan Senate Transportation bill. red States. They have run in blue oversight. He says I don’t do enough I want to tell you a story about what States. They have run in purple States. oversight on things he wants oversight is actually happening out there in the I am going to make a statement, and on. Listen, we argue. We respect each economy. If we do nothing, 1.9 million I am going to stand by it: Everyone in other. We like each other. We disagree jobs are gone on March 31. If we do an America gets this except the House of with each other. But on this we came extension, then you have death by a Representatives. Everyone in America together. What more does BOEHNER thousand cuts, a proportion of these gets this except the Republicans in the want? What more does CANTOR want? jobs is lost, and it keeps getting worse House of Representatives, save a few of Speaker BOEHNER is putting at risk with every extension. So it is the end them who are courageous. Four of 55,000 jobs in Ohio, and Leader CANTOR of these jobs, a slow torturous end of them have broken off—one of them is putting at risk 40,000 jobs in Vir- these jobs. from the Presiding Officer’s home ginia. Don’t they care about the busi- I want to show how many unem- State, two of them from Illinois, and nesses and the workers there? ployed construction workers there one of them from North Carolina. They This headline says the ‘‘Road to are—1.4 million. Why is that? When the said: We stand with those who say take Compromise.’’ This is the Ohio Akron unemployment rate is 8.3 percent, the up and pass the Senate bipartisan bill. Beacon, from the heartland: unemployment rate among construc- Good for them for showing that kind of On Wednesday, 74 Senators, Republicans tion workers is 17.1 percent. Why is courage. and Democrats, joined together in a real ac- that? Because we were having a very I say to my colleagues now, it is a complishment. They approved a two-year tough housing crisis, and we are not quarter to 5 in the evening. If any of bill. . . . The timing couldn’t be better. . . . out of it yet. So all of these workers them are tuning in to this discussion, What will the House do? It should take the who were building houses now were listen to what these newspapers are cue of the Senate and quickly approve the legislation that won bipartisan support. hoping to be able to build highways, saying: ‘‘House should pass transpor- build freeways, and fix bridges. And our tation bill.’’ It couldn’t be more clear. That is bill does that. Our bill will take these The No. 1 priority for the House of Rep- Ohio. people and put them to work. We could resentatives should be passing a bipartisan I will tell my colleagues I have never get this unemployment rate down to transportation bill—as the Senate already seen such an array of newspapers from 400,000 because we will take a million has done on a 74–22 vote. . . . all over the country. off this with the expansion of the The Senate has done its job. . . . House This one is the Chicago Sun-Times: TIFIA Program, which stands for Speaker Boehner should drop the notion of ‘‘For a Better Commute, Pass Trans- Transportation Infrastructure Finance passing an extreme Republican-only House portation Bill.’’ and Innovation Act, which gives the bill and do as the Senate did—craft a bipar- tisan bill that can pass both Houses. The Senate just delivered a gift to the money upfront for cities and States House: A bipartisan transportation bill at a and gets projects built faster. This is in the Fresno Bee. It is in the time when America really could use a lift. I want to show you what it would reddest part of California. Trust me Here’s hoping the House Republicans don’t look like if you put every unemployed when I say that. I know. It is the red- mess it up. . . . construction worker into a football dest part of California, and they are Well, hope against hope. So far, I feel stadium. This is a Super Bowl stadium, asking the House to pass the Senate very worried—very, very worried. The and it is filled. Imagine each and every bill. whole program expires on Friday and one of these seats is filled by an unem- Then we have, in Michigan, the De- all they can come up with is exten- ployed construction worker, and then troit News: ‘‘Congressional Waffling sions, and then they don’t even have close your eyes and imagine 13 more Hurts State Roads.’’ the votes for that. How bad would it be stadiums for a total of 14 stadiums. The U.S. Senate . . . has approved a bipar- for them to give me a call, give Sen- Fourteen stadiums full of unemployed tisan plan. While imperfect, it’s better than ator INHOFE a call, and say: We are construction workers, that is what we another reprise of an outmoded transpor- going to come over and sit down and are facing. Yet, the House will not take tation act that already has been extended bring the bipartisan leadership of the eight times. . . . The disarray hardly gives up and pass the bipartisan Transpor- States the kind of revenue certainty they committee—there are four of them— tation bill. They are flirting with ex- need to get from a Federal plan, but if Boeh- bring the bipartisan leadership of the tensions, which is the end of these jobs, ner and House Members can’t agree on their Senate, and let’s hammer out some- but slower and more excruciating. own plan, they would probably be wise to thing.

VerDate Mar 15 2010 06:53 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.044 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2059 What is happening over there? Speak- proved and signed into law by April 1, the sions mean job losses—41,000 jobs al- er BOEHNER is the Speaker of the House government will lose its ability to pay for ready lost today as of now in North not Speaker of the Republicans. He Federal transportation projects. Carolina and thousands in other States needs to work with the Democrats. I So now we have Mississippi, Oregon, because States do not have the ability don’t expect they will love each other, Illinois, and Ohio. I don’t remember all to up-front the Federal share. They are my goodness. We don’t expect miracles, that I read. counting on us. but we should expect them to work to- ‘‘Bipartisanship in Senate Moves Our bill is fully paid for in a bipar- gether. Transportation Bill.’’ This is Okla- tisan way. Our bill has not one ear- I remember fondly my days in the homa, another deeply red State: mark. Our bill takes 90 programs down House with Tip O’Neill and Bob Michel. With rare bipartisanship, the U.S. Senate to 30. It is streamlined. It is made effi- Couldn’t have better friends. Did they on Wednesday passed a much-needed and cient. agree on everything? No. Did they much-delayed national transportation bill We have, in a bipartisan way, added work on everything? Yes. I remember that could create jobs and fund road the Restore Act. We added ways to those days. I was a whip at a certain projects. . . . fund rural districts for their schools by The country’s infrastructure has been ig- the timber receipts. This is a good bill, point in the House, and they used to nored for too long and is in dire straits. This call us together and we would come is an important and necessary extension of and this is a bill that is truly a work back and say: There are 25 Democrats the transportation bill. It will make needed product of everyone in this Chamber. who can’t vote for this Democratic bill. improvements to our infrastructure, and it is Even those who ended up voting no had You know what Tip O’Neill would do? a real job-creator. . . . something to do with it and helped us He would say: Fine, I will call Bob I am telling my colleagues that I am get it through. Michel and see if he has 25 votes for buoyed by these editorials because So there is a clear path. They pulled me. They saw that they might have these editorials from Republican pa- their 60-day extension off the floor of had 20 and they didn’t have 25 and they pers and Democratic papers are non- the House, and that is a good thing. had to compromise the bill. And they partisan. They are all urging us to act. Now they should put the Senate bill on did it. That is why I decided I loved ‘‘Transportation Funding Held Hos- the floor and both sides should embrace legislating. tage in the House.’’ Fort Worth Star- it and pass it. I loved working on this bill with my Telegram, Texas—another red State: Let me tell my colleagues a signal it will send to our people at home: It will friend Senator INHOFE. I loved working What an exciting thing to see the Senate with my staff and his staff. Our staffs pass a surface transportation bill last week send a signal of job growth in the fu- became almost like family. I would en- on a 74 to 22 vote. Such bipartisan support ture, a signal that we are working to- courage Speaker BOEHNER to take a for maintaining and improving this crucial gether, a signal that we are going to page out of this book. part of the national infrastructure makes it get out of this recession, a signal that I see the Senator from Louisiana on almost seem like the good old days in Wash- we put aside politics for the good of the Senate floor. He and I go at it on a ington. . . . these hard-hat workers and the compa- At one point, [House Speaker Boehner] nies that employ them. They deserve number of issues. We work together. said he would put the Senate bill before the We even put on this bill the Restore House. Earlier, he said House Republicans it. They got hurt by Wall Street. Ev- Act—a bipartisan piece of legislation might go for an 18-month extension. . . . It’s erybody in the country did. But for that is going to make sure the gulf can beginning to look like Boehner doesn’t have these construction workers, because of rebuild and get paid back for the suf- a clue what the House will do. . . . all this messing around with these fering that went on there. Did Cali- Does this sound familiar? Does it remind mortgage-backed securities, it killed fornia get a lot out of that? No. But the you of the congressional follies of last sum- the construction industry and housing. country will get a lot out of that be- mer, the reality-TV drama and We have a chance to help some of the brinksmanship of the debate over raising the hardest working people in our Nation. I cause the gulf is a region we care federal debt limit. about. It is where we get a lot of our call on the House leadership to take a I can’t reach Speaker BOEHNER. He energy. It is where we get a lot of our page out of our bipartisan book here doesn’t answer my letters. CANTOR seafood. We need to work together. and pass the Senate bill. doesn’t answer my letters. They just So Senator VITTER and I don’t agree I thank my colleagues, and I yield have spokespeople who put something on a lot of subjects, and we go at it the floor. out there. What is wrong with talking pretty hard in the committee. But on The PRESIDING OFFICER (Mr. to each other? What happened to those this we agreed. CASEY). The Senator from Missouri. days? So let’s look at a few others, and GAS PRICES Now, it goes on, and I am going to go then I will yield the floor after we go Mr. BLUNT. Mr. President, this week through these: ‘‘Pass This Transit through the rest of these. the majority brought a bill to the floor ‘‘Highway Bill Would Boost Sta- Bill.’’ This one is the Miami Herald: to talk about gas prices and energy- bility.’’ This is Mississippi. This is one In an all too rare display of bipartisanship, producing companies. That was yester- of the reddest States in the Union. I the Senate, by a vote of 74 to 22 last week, day. Today the majority brought an- passed a transportation bill of vital interest beg Speaker BOEHNER to open his ears other bill and tried to move away from to South Florida and the rest of the coun- that bill. We ought to be talking about and hear me: try.... A two-year, $109 billion highway bill that This uncompromising approach is why pub- gas prices. We should be talking about passed the U.S. Senate this week buoys the lic approval of Congress stands at 10 percent what impacts so many families and so hope of interest groups like roadbuilders and or below in recent polls. Mr. Boehner should many businesses and so many individ- the travel industry that the House can be urge the members of his caucus to set aside uals. prodded by the Senators’ action to pass its their job-killing intransigence and accept I talked to somebody on the phone own bill before a March 31 expiration the bipartisan Senate version before funding just yesterday, a friend of mine from date.... runs out. St. Charles, MO, where gasoline is This bill has no earmarks. . . . So here is the thing—I will wrap up— about $3.50 a gallon. That is a little Mississippi could derive major benefits. I am just saying, when we have editorials there is a clear path to success, and it lower than it is maybe in other places from Mississippi for a bill, we know it is a bi- is not painful. It is not painful. Speak- where it is $3.90, the national average, partisan bill. er BOEHNER and Leader CANTOR should though I am sure we can find a place in Let’s take a look at some others: ‘‘A abandon their idea of these endless ex- St. Charles where the gas is $3.90. But Solid Transportation Bill.’’ This comes tensions. We have proven today my friend talked about gas prices, how from Oregon, the Register Guard, an through the State organizations and by it affects his business, the restaurant editorial: talking to State officials in all of our business. States that jobs are already being lost I have said on this floor before, when By an impressive bipartisan vote of 74 to 22, the Senate on Wednesday passed a two- because of the uncertainty, the American families stand before that year blueprint for transportation. The House dithering—that is my word—and the gas pump and the cost goes from $40 to should move quickly to approve the Senate fact that they are talking about exten- $50 to $60 to $70, almost every family in measure. If a transportation bill is not ap- sions. Extensions are no good. Exten- America watches those numbers and

VerDate Mar 15 2010 03:56 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.046 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2060 CONGRESSIONAL RECORD — SENATE March 27, 2012 thinks of something they were going to issue will end his business. A business In May 2011—a year ago—the bill’s do that week or that weekend that his family has been operating since 1947 sponsor, Senator MENENDEZ, acknowl- they are not going to do. Certainly, if would be ended because we have energy edged: you are in the restaurant business, as policies that do not make sense. Nobody has made the claim that this bill is my friend is, you know that. Linda Yaeger, who is the executive about reducing gas prices. But he said: I was at the gas station director of the Older Adults Transpor- Well, why would they be talking just yesterday, and there was a woman tation Service—I do not know what it about it if they could be spending the there in a car with a child. She said: is called everywhere else; it is called same time doing things that would re- Could you just give me $5? I don’t the OATS system in Missouri—provides duce gas prices. The American people think I can get home with the gas I transportation for seniors and people believe the government could have an have. I don’t have any money. I need to with disabilities in 87 of our 115 coun- impact on gas prices. I believe the gov- put a little more than a gallon of gas in ties. ernment could have an impact on gas the car just to know I can get home. For every penny gas goes up, Linda prices. This bill we are talking about is Could you put $5 of gas in the car for said it costs her program $15,250. For not even designed, according to the me? every penny that gas goes up in 87 sponsor, to reduce gas prices. He said: I put $20 of gas in the car. counties all over Missouri—essentially, Senator BEGICH said the proposed tax And $20, at $3.90 a gallon—the national for vans and buses that take seniors hikes ‘‘won’t decrease prices at the average—does not last very long. and handicapped people where they pump for our families and small busi- People who are putting $5 or $10 in need to go—for every penny gas goes nesses.’’ He may or may not be for the their gas tanks are not doing it be- up, it costs $15,250. And for every penny bill, but he certainly has figured out cause they love to go to the gas sta- that is a loss of the equivalent of 10,000 what the bill would do. tion. They are doing it because they one-way trips for the people they serve. Senator BAUCUS noted ‘‘this is not cannot afford to put the gas they need Multiply that $15,250 by the 200 pennies going to change the price at the gaso- in the car to do the things they need to gasoline has gone up in the last 3 years line pump. That’s not the issue.’’ do. and suddenly we have a budget that Well, what is the issue? Maybe we The national average hit $3.90 just a does not do what we would hope it ought to figure out what the issue is. day or two ago, and it is on the way up could do for the people they serve. Families think it is the issue. Families now. It is more than double what it was The Ozarks Food Harvest in Spring- think, when they see that sign go up in January 2009 when gasoline was field, MO, where I live is a regional three different times maybe in a about $1.90 or $1.91 a gallon. food bank that serves one-third of the People feel this. I cannot think of a week—that the price goes up—that State of Missouri, delivering about 1 meeting I have had in the last 2 weeks there is some issue we ought to be deal- million pounds of food a month. Bart with any group who did not have some ing with. Senator SCHUMER admitted Brown, who runs the Ozarks Food Har- story about how energy and gas costs this bill ‘‘was never intended to talk vest, cannot, obviously, predict—as were impacting them. about lowering prices.’’ Now, why we would have a bill on the none of us can—these gas prices. But Probably this bill was never even in- Senate floor that would raise gasoline they did just have to raise their deliv- tended to be on the Senate floor. I as- prices I have no idea. But that is the ery costs from 4 cents a pound to 6 sume the majority brought this bill to bill that is on the floor. I think the cents a pound. So there is a 50-percent the floor thinking Republicans would idea is that the majority is wanting to increase in the delivery costs to the not want to talk about this topic of blame somebody else rather than the Food Harvest in getting food to peo- whatever tax policies are designed to President’s energy policies. The Amer- ple’s homes. encourage more American production. ican people do not accept that. The charities of America are incred- But why wouldn’t we want to talk I asked people in Missouri to talk to ible in their ability to make money about that? Why wouldn’t we want to me about some of the challenges they last, to stretch a dollar, to do every- have more American energy of all are having with these skyrocketing thing they can to make their contribu- kinds? fuel prices. Remember, the President, tions have real impact. The Food Har- Senator LANDRIEU told Americans in the fall of 2008, said at the San Fran- vest—I have been to a lot of these food this bill ‘‘will not reduce gasoline cisco Chronicle, under his energy poli- banks, and they benefit from getting prices by one penny.’’ She is absolutely cies, energy costs would ‘‘necessarily food from people who are food pro- right. skyrocket.’’ So I guess he has to be- ducers, the processors who have an Even the majority leader, who lieve his policies are doing exactly overrun or they have a damaged box or brought the bill to the floor, said this what he thought they would do. But they have whatever is still perfectly bill ‘‘is not a question of gas prices.’’ here is what they are doing to people good, but they are willing to make it So, really, this bill maybe is not a all over America. available to somebody else because it question of anything we ought to be Trent Drake, a farmer in southwest does not quite fit the way they do busi- talking about, so let’s talk about what Missouri, who raises soybeans, corn, ness. we should be talking about. We ought wheat, and cattle, told me—of course, But when they have to increase their to be talking about what increases like every farm—he is heavily depend- delivery costs by 50 percent just be- American energy. The shortest path to ent on fuel, in his case diesel fuel. His cause gas has gone up—gas has gone up more American jobs is more American fuel bill went up 125 percent over last 100 percent. So if they increase their energy—the jobs that produce energy year. That is more than twice the fuel delivery costs by 50 percent, I guess and the jobs that benefit from competi- bill he had last year. they are still trying to make the most tive energy prices. Roger Lang, who owns a company, of the situation in which they find We are not some little European Byron L. Lang Inc., in Jackson, MO, themselves. It is not the only part of country. I know in the fall of 2008, be- told me a majority of all the profits the cost, but it is a big part of the cost. fore the President chose him, the Sec- they are making are now going back That is going to have a big impact on retary of Energy said our problem was into paying the fuel costs, which, of all the people in one-third of the coun- that our gasoline prices were not as course, means they cannot look at ties in Missouri that get food from the high as the gasoline prices in Europe, profits they made and think: What can Ozarks Food Harvest. where at that moment they were $8 or we do for better benefits or better Meanwhile, a lot of my colleagues on $10 a gallon. wages or to hire more employees? They the other side have already admitted I do not think that is our problem at have to think: How much higher is this this tax hike on American energy pro- all. In fact, we are not a European gasoline bill going to go? How much ducers would do nothing to lower gas country. We are the United States of higher is my energy bill going to go prices. This clearly is a messaging bill. America. We are a big country. Our under the energy policies we are work- But why, if they were trying to divert transportation needs are different. Our ing under now? attention away from the President’s energy needs are different. We gen- According to Roger Lang, if some- energy policies, they bring this bill to erally do not walk to work or we gen- thing is not done, he believes this one the floor is a surprise to me. erally do not only benefit from food

VerDate Mar 15 2010 03:56 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.059 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2061 products and other products that come pay taxes, working for companies that that solution—it is not a solution—but from 5 or 10 miles away. That is not pay taxes—why we would not want at least we can talk about the topic, at who we are. That is not who we are those jobs to be right here in the least we can offer amendments on what going to be. We need to have energy United States rather than in Canada, is to millions of Louisiana and Amer- policies that work for us. sending that pipeline west to eventu- ican families the biggest day-to-day Congressional Republicans in the ally have that same oil sold to Asia, is challenge they face; that is, that ever- House and the Senate have long sup- a mystery to me. increasing price at the pump. ported a plan that uses all American If the President wants to support an The Menendez ‘‘solution,’’ the Demo- energy. In fact, at the State of the ‘‘all-of-the-above’’ energy strategy, he cratic plan, will not help bring down Union Message, one of the few smiles should stop blocking all this energy. the price at the pump. In fact, it will on the Republican side of the aisle that The President should work to enable do the opposite. I think the American night was when the President said he all sources of energy we have in the people with good old-fashioned Amer- was for an ‘‘all-of-the-above’’ energy United States. The best place for us to ican common sense get it. Look, we strategy because that is what we have meet our own energy needs is right can love the oil companies, we can hate been for for a long time, and mean it. here. The next best place is our best the oil companies, but the Menendez That can include wind and solar, re- trading partner, our biggest trading bill increases taxes on U.S. energy newable, biomass, shale gas, shale oil, partner, our closest neighbor, Canada. companies and on U.S. energy produc- coal, nuclear—all of the above. Then even the Mexican energy appears tion. It seems to me the message has not to be on a rebound in a positive way It increases taxes on those folks and gotten through to the regulators and that could benefit us. on that activity. What do we think is the legislators that we need to be doing Let’s be as independent as we can be going to be the result of that in terms all we can to find more American en- on energy and the energy that relates of the price at the pump. The American ergy—all of these things, every one I most directly to American jobs. people know. The American people get mentioned: Nuclear, big and small; nat- The responsible development of more it. It is obvious. It is going to increase ural gas. We now think we have more domestic energy will help create jobs, the price at the pump. It is certainly natural gas than anybody in the world. bring down prices at the pump, and po- not going to leave it alone or decrease Let’s go after it. Let’s use that re- sition our country to have greater en- it. Why? It is economics 101. When we source to the advantage of our econ- ergy security. The shortest path to give business a new additional cost, al- omy. more American jobs is more American most all the time that is going to be They all have bipartisan support, and energy. Let’s get on that path instead passed on to the consumer. I think there is bipartisan support for of this path that is discouraging the The American people get that. They investing in the future. Let’s figure out very thing that can help us the most. see that. They feel it. They deal with it what comes next in the energy world, I yield the floor. every day. Also, when we increase but it will not come quickly, and our The PRESIDING OFFICER. The Sen- taxes on something, we produce less of economy could not afford for it to ator from Louisiana. it in the market. In this case, the come quickly. If we decide: OK, tomor- Mr. VITTER. Mr. President, I too Menendez bill is increasing taxes on row we are not going to drive cars pow- come to the floor to talk about the energy production, in particular, iron- ered by gasoline, that would be a huge most pressing issue facing so many ically, U.S. energy production, which I mistake. It would be an equally huge millions of Louisiana and American thought we wanted to increase and mistake if we decided 10 years from to- families; that is, the price at the pump. maximize. morrow none of us will be driving cars Sometimes we seem to get ourselves in So when we tax something more, we powered by gasoline. We do not even a cocoon in Washington, DC, divorced get less of it. Supply goes down. Guess know what the next power source will from the real world. what happens when supply goes down be. We are going to use these fossil We need to reconnect to the real and demand is the same. Price goes up. fuels for a while, and we should use world. Back in Louisiana, Pennsyl- So I not only agree with, but I go fur- them to our benefit. vania, and every State across the coun- ther than some of the Democrats who Instead, my colleagues on the other try, middle-class, lower middle-class were quoted by the previous speaker side of the aisle want to talk about families are struggling with this ever- saying this bill is not about reducing raising taxes on domestic energy and increasing price at the pump. When the price at the pump. It is not only domestic energy manufacturers—tax President Obama was sworn into office about not reducing the price at the hikes that absolutely will be passed a little over 3 years ago, that price was pump, it will have the impact of in- along to consumers. Some of these about $1.84 a gallon. Today, it is over creasing the price at the pump. things in the Tax Code are to encour- double that, $3.80 and beyond. Conservatives have a different sug- age American energy production. There That is a big hit to American fami- gestion that will decrease the price at is energy all over the world. Why lies. That hits folks where it counts the pump; that is, to use the resources wouldn’t we want to encourage the en- and where it hurts—in the wallet, in we have in this country, to open our ergy production jobs to be here rather the pocketbook, in the family budget. ability to use those energy resources, than somewhere else? All around Louisiana families are to produce more good U.S. American I know the President said we are huddled around the kitchen table try- energy for ourselves, to increase sup- going to give money to Brazil, and we ing to figure out how to make it work ply, and to thereby lower the price at want them to drill in the deep water, because gasoline, transportation, driv- the pump. We can do that and we and we will be glad to buy some of ing is not a luxury. Sure, they can cut should do that. their oil and gas when they produce it. back a little bit, but for the most part A lot of Americans do not realize the But why would that be our alternative it is a real necessity; it is going to United States is actually the most en- when we could, in fact, do things that work; it is getting the kids to school; it ergy-rich country in the world, bar encourage American energy production is doing absolute necessities. none. When we look at total energy re- or, if it is not from the United States This is a big hit to middle-class, sources, when we compare countries in of America, what about our neighbors? lower middle-class families’ budgets terms of their total energy resources, The Keystone Pipeline—80,000 barrels and wallets and pocketbooks. So let me the United States is the richest in en- of oil a day is going to go somewhere suggest the obvious; that we focus on ergy, bar none. This chart shows that. because they are going to use that re- what truly matters to American fami- The United States is top. Russia comes source to their benefit, and it is either lies, that we focus on that in the Sen- second. Saudi Arabia is third. But look that the pipeline is going to come ate, here in Washington, and we do at Saudi Arabia and all Middle Eastern south to our refineries or it is going to something about that. countries—way below our total U.S. go west and be sold to Asia. That is why I favored moving to the energy resources. We are very rich in Why we would not want the 20,000 Menendez bill on the Senate floor. That terms of energy. jobs to build that pipeline—not tax- is why I voted against moving off the This map shows just how rich we are payer-paid jobs but jobs for people who bill today, not because I agree with in terms of U.S. resources. We have

VerDate Mar 15 2010 03:56 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.060 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2062 CONGRESSIONAL RECORD — SENATE March 27, 2012 enormous recoverable natural gas, par- percent in one of the few areas we SURFACE TRANSPORTATION ACT ticularly with new technology and hor- allow activity. We cannot afford that. Mrs. SHAHEEN. Mr. President, I izontal drilling that has been devel- We need to produce more good U.S. en- come to the floor this evening to join oped. That is these green circles. That ergy. my colleagues who were here earlier to represents, conservative estimate, 88 Oil production on Federal property, talk about the bipartisan Senate- years of natural gas using just that for again, is down on all Federal property, passed Transportation bill. I give cred- U.S. use. down 14 percent. Federal offshore is it to Senator BARBARA BOXER, Chair of We have enormous recoverable oil— down 17 percent in the last couple the Environment and Public Works again, very conservative estimates. years. We need to do better. Committee, and Senator INHOFE from But in the gulf, where we do produce, Of course, perhaps the clearest exam- Oklahoma, the ranking member, for all also on the east and west coast and ple of this approach to energy by Presi- of their good work on this legislation. Alaska, there is lots of oil, and we have dent Obama is his recent veto of the They joined three other committees enormous recoverable oil from shale, Keystone Pipeline, a true shovel-ready that also passed their portions of the particularly out West. That is being project, truly ready to go. It is not U.S. bill with strong bipartisan support. energy, but it is the next best thing, blocked now. It is off-limits. But we I think we could all agree that trans- from our biggest trading partner, a have these resources. portation is one of the Federal Govern- very good friend and reliable trading The problem is—and I said we are the ment’s core responsibilities. It has partner, Canada. The President has ve- single most energy-rich country in the been far too long since Congress up- toed it and with it the 20,000 jobs it world, bar none. We are. The problem is dated and reformed Federal transpor- would have created—no; 700,000 barrels we are the only country in the world tation programs. Every committee that puts well over 90 percent of our re- a day of oil from Canada, no; $7 billion of economic investment when we are that worked on the Senate’s long-term sources off-limits. We are the only Transportation bill passed it with a country that does that. East coast pro- trying to come out of this horribly weak economy, no; help to lower prices strong bipartisan vote. When the bill duction, no, absolutely not; west coast came to the floor, 74 Senators from production, no—big red no; ANWR, at the pump, no—again, No, no, no, no, no, no. both parties voted in favor of the Alaska National Wildlife Refuge, where Transportation bill. we could access millions of acres of We can do better. We can do better as a country. We certainly can do better Now I urge the House of Representa- lands from a very select footprint, tives to follow our lead in the Senate smaller than an area the size of Dulles in Washington and say yes. We can do better by accessing more domestic en- and act on a long-term bipartisan Airport in suburban Virginia, no; west- transportation bill. I think they ought ern shale production, where we saw so ergy resources. Again, we are the most energy-rich country in the world, bar to take up the Senate bill. The Sen- much of the resource potential on the ate’s Transportation bill is about previous map, no; even production in none. But we are the only country that puts over 90 percent of that off-limits. strong bridges, good jobs, and depend- the eastern Gulf of Mexico, no. Under able roads that businesses count on to Federal law, because of this adminis- We need to change that. We can create more great U.S. jobs. Let us say yes to move goods and reach customers. tration, because of this Senate, we that. By the way, those are jobs which The Senate bill reauthorizes trans- keep saying no, no, no to our U.S. re- by definition cannot be outsourced to portation programs for 2 years, it sources. A good example of that is President China or India or anywhere else. maintains current funding levels, and If we are creating energy in the Obama’s 5-year lease plan for offshore it does not increase gas taxes. Repeat- United States, that job has to stay in production. Under Federal law, every ing that, it doesn’t increase gas taxes, the United States. We can build greater President has to develop and issue a 5- and it is fully funded. Cutting funding energy independence. Let us say yes to year plan about leasing the Outer Con- for transportation right now would be that. We can dramatically increase tinental Shelf offshore. President a very dangerous choice. revenue to the Federal Government Obama’s 5-year plan is half of the pre- We are seeing emerging economies, and thereby reduce deficits and debt. such as China and India, spending vious plan. We have very little we are After the Federal income tax, the sec- able to touch as it is, and President roughly 9 percent of their gross domes- ond biggest source of revenue the Fed- tic product per year on roads, bridges, Obama has backed us up from this, has eral Government has is revenue on do- turned us around, moved us in the public transportation, and infrastruc- mestic energy production, those royal- ture. At the same time, in the United wrong direction from there. His plan is ties, second only to the Federal income literally half the previous plan. So we States, we are spending about 2 per- tax. cent. That is half of what we were are moving there in absolutely the Let’s say yes to that new revenue, wrong direction. spending in the sixties. At this rate, we deficit and debt reduction, and we can will not be able to stay competitive This map shows that. This map is help lower the price at the pump be- what was available for potential drill- with the rest of the world. That is a cause supply does matter. Increasing macro reason why we need to pass the ing under the previous plan. We were supply does matter. It will lower finally moving forward on the east Transportation bill. The bill is fully prices. paid for, it doesn’t increase the deficit, coast, on the west coast, offshore Alas- Again, I disagree with the Menendez and most of the funding comes, as ka. We have been in the gulf. But under approach. The Menendez approach will usual, from the gas tax. President Obama’s very different lease increase the price at the pump and in- plan, we are back to saying no, no, no, crease taxes on an industry and that is To make up the gap in funding, we no, no, no—backing up, moving in the going to be passed on to the consumer. came up with bipartisan ways, includ- wrong direction. Taxing something more produces less ing stiffer penalties on tax delinquents We are moving in the wrong direction of it. Less oil means the price goes up. and by shifting unused funds des- in other areas too under this adminis- But we can have an American solution. ignated to clean up underground stor- tration. In the Gulf of Mexico near We can open access to our own re- age tanks. where I live, traditionally, the area sources and thereby gain control of our The Senate’s Transportation bill is where we produce the most U.S. en- own future. We do not have to beg about making our investments more ef- ergy, even in the Gulf of Mexico we are Saudi Arabian princes. We can regain ficient so that we spend less on over- moving in the wrong direction. Produc- control of our own destiny and our own head and more on roads and bridges. I tion is down 17 percent in 2011. It is future. Let’s do it. The American peo- think several people have talked about projected to go down more in 2012. Per- ple want us to do it. Common sense dic- the fact that this is a good time for mitting is down over 40 percent com- tates that we do it. Let’s move forward States to be able to borrow. There are pared to the pre-BP levels of permit- together and do it for the good of our low interest rates. We can get a lot for ting. I know with the BP disaster there country. our money. That is what I heard in had to be a quick pause. We had to I yield the floor. New Hampshire when I talked to our change some rules. But it is still down The PRESIDING OFFICER. The Sen- transportation officials, that interest over 40 percent. Production is down 17 ator from New Hampshire. rates are very low right now.

VerDate Mar 15 2010 03:56 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.062 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2063 This bipartisan bill streamlines the shire’s Department of Transportation an undue burden on businesses that number of Federal transportation pro- has said that just one section of Inter- want to provide this service. grams from over 90 to 30. For the first state 93, between exits 2 and 3 close to Senator GRAHAM and I have a bill time it requires States to collect data the Massachusetts border, created 369 that nullifies the requirement and so we can measure what kind of bang construction jobs. stops the Attorney General from en- we are getting for our buck. Not only is All around the country, there are forcing this requirement or any ‘‘guid- it a reform bill that is more efficient, projects just like Interstate 93 that are ance’’ associated with it. It also pre- but it is more accountable. I think that stalled while we wait for the House to vents against any third party using is why groups from the AFL–CIO to the pass a bipartisan long-term transpor- this rule or guidance in any manner. U.S. Chamber of Commerce support tation bill. We need to come together To be clear, our bill will allow public this bill. They have come together to and make the Federal investments that pools to work directly with people with support a bill that is truly bipartisan are necessary to get these projects disabilities to meet their specific and that would support nearly 2 mil- moving and get people back to work. needs. Hotels, motels, and other public lion jobs nationwide and, in my State Investing in transportation creates pools already have financial incentives of New Hampshire, about 6,600. jobs and the conditions that our com- to meet the needs of people with dis- There have been a lot of reports panies need to succeed. It is, as the abilities that use their facilities. They about the difficulties facing the House U.S. Chamber of Commerce says, a core have been working diligently to do in finding an agreement on a transpor- function of government. It should not that. Our bill simply says the DOJ tation bill. I think the Senate has pro- be an issue for politics or partisanship. should not impose a national mandate vided a very good model that main- I urge the House to take up the Sen- for a one-size-fits-all solution that may tains current funding levels and avoids ate bill. Congress needs to work to- not be appropriate for every facility. an increase in both the deficit and gas gether to pass a transportation reau- This new burdensome rule seriously taxes. thorization bill before the March 31 changes the obligations of public facili- What we need now is for the House to deadline. ties around the country. There are an join the Senate and produce a reason- The PRESIDING OFFICER. The Sen- estimated 309,000 public spas and pools able, bipartisan, long-term transpor- ator from South Carolina. in the United States. The number of businesses—and not just the large ho- tation bill that can give local govern- UNANIMOUS CONSENT REQUEST tels and resorts—that will have to com- ments and businesses some certainty Mr. DEMINT. Mr. President, I rise before the height of the construction today to talk about the new Federal ply is staggering. The rule requires a permanent pool season. State and local transportation regulation that many may or may not lift be installed for every pool or spa. projects budget and plan based on the be aware of. According to the Depart- So if a hotel, resort, or community as- idea that the Federal Government will ment of Justice, every swimming pool sociation has more than one pool, they provide a consistent level of long-term of ‘‘public accommodation,’’ meaning will have to get multiple lifts, instead funding. When you are planning a mul- any pool at a hotel, motel, lodging es- of what is being done now, which is timillion dollar project that employs tablishment, recreation center, YMCA, using a portable lift that can be moved hundreds of people, it is critical to apartment complex, condominium around the facilities as needed. know what your budget is going to be complex, school, or community pool, is A pool lift can run from $4,000 to more than just a couple months in ad- to install a large, expensive permanent $10,000, and the installation could run vance. We would not run a business pool lift for the disabled, or else face $5,000 to $10,000, depending on how that way, and we should not expect the steep fines from the Department of much work needs to be done. So we are government to run that way. Justice and the threat of lawsuits. talking about billions of dollars being If the House doesn’t pass a bipar- We must make sure that we have ac- spent on something that could perhaps tisan, long-term, transportation bill, commodations for the disabled in every help the disabled but also become an States and towns won’t have the cer- public place. This is happening around obstacle and danger to others using the tainty they need from us in Wash- the country. But to do this with very pool if this is not thought out and done ington to plan their projects and im- little thought of the implications and in a careful manner. prove their systems. the cost and the actual service to the The last thing we need to do right According to numerous studies, dete- disabled is a huge problem. now is to add burdensome rules and re- riorating infrastructure costs busi- As we have seen time and time again, quirements on businesses across the nesses more than $100 billion a year in one-size-fits-all mandates from Wash- country. Hotel owners want to work in lost productivity. This is no time to ington don’t work. We want public good faith to make sure pools are ac- stall programs that encourage eco- pools to have the flexibility to work cessible to everybody, but we have to nomic growth and create the climate with people with disabilities to ensure make sure that here at the Federal that our businesses need to succeed. success. level we are not killing off more busi- In New Hampshire, we have seen On January 31 of this year, 2012, the nesses by imposing mandates. firsthand the real-world consequences U.S. Department of Justice Civil Mandates such as these are burden- of uncertainty in Federal transpor- Rights Division published revised re- some on businesses, and we all know tation funding. Our Interstate 93 cor- quirements for swimming pools and these costs will be passed on to con- ridor runs from the capital in Concord their means of entry and exit. This was sumers—including the disabled—in the down to the Massachusetts border. It 2 months ago. form of higher hotel costs for rooms runs pretty much the length of the The DOJ has now put forth new re- and services. State. Right now we have a project un- quirements for all facilities ‘‘of public The Department of Justice has left derway that would spur economic de- accommodation’’ that go beyond those many questions from the hotel indus- velopment in the southern half of that contained in the final rule issued in try and others unanswered on issues highway. It has been underway for sev- 2010 giving hotels and other residential such as compliance ability, timeframe, eral years, but the pace of the project communities insufficient time to com- and economic cost, as well as rising in- has lagged because there has been no ply with this burdensome new rule. surance premiums. certainty around our highway bill. We need to think about it for a It is clear that the deadline for com- It has been impossible for businesses minute, because their lack of planning pliance should be extended to allow ho- and developers around the I–93 corridor here is pretty evident by the fact that tels and other places of public accom- to predict the future of the project. At they are suggesting that this already modation flexibility in providing ac- a time when the number of people be in place in less than 2 months, when cess to guests with disabilities. We working in the construction industry the equipment is not even available in should start over. They have given a in New Hampshire is the lowest in a the country to do it. So it is clear that 60-day relief period, but that is not decade, it is unacceptable that we can- they have not thought through how to enough time for this to be planned or not provide certainty for this project. best serve the disabled, how to make for the equipment to be manufactured. We know highway projects like Inter- sure that these services are available, The companies cannot comply in this state 93 produce good jobs. New Hamp- and to do it in a way that does not put period of time.

VerDate Mar 15 2010 03:56 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.064 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2064 CONGRESSIONAL RECORD — SENATE March 27, 2012 We need to guarantee that services those being access to swimming pools tember 17 of this year. The deadline for are available to the disabled, but the and other recreational facilities. The those written comments is April 4. quickest way to do the wrong thing is requirement that has prompted Sen- Again, the process is working just as it the way the Justice Department is ator DEMINT’s bill has to do with swim- has worked for the last 22 years. doing it now. So instead of us letting ming pool accessibility. When we were working on the ADA this go into effect and letting large Under the new regulations, newly back in the 1980s, we heard from a fines be put on businesses all around constructed or altered pools covered by number of industries that requiring ac- the country, even community pools the ADA are required to provide at cessibility for entities such as res- and YMCAs, let’s set this judgment least one accessible means of entry taurants, retail stores, theaters was aside by unanimous consent today, and into the water for people with disabil- going to create serious problems for if we want to debate and work with the ities, which must either be a sloped small businesses. I remember having Department of Justice to come up with entry into the water or a pool lift that numerous hearings in my sub- a rule that works for the disabled and is capable of being independently oper- committee about that. So in an effort works for America, we can do that. But ated by a person with a disability. to address this concern and to help I have a unanimous consent request Larger pools—pools larger than 300 feet small businesses comply with the ADA, here that I wish to read. in length, which is a big pool, Olympic we created a disabled access tax credit. I ask unanimous consent that the size—are required to provide a second We heard Senator DEMINT talk about Senate proceed to the immediate con- accessible means of entry. Again, these the costs, but we instituted a tax cred- sideration of Calendar No. 336, S. 2191, were promulgated in September of 2010, it in the IRS Code. that the bill be read a third time and so it has been almost 11⁄2 years. These The two sides: For businesses with 30 passed, the motion to reconsider be requirements apply in the case of a or fewer full-time employees or with laid upon the table, and that any state- newly constructed pool or one that has total revenues of $1 million or less per ments relating to the bill appear at been significantly altered as a part of a year, they get a tax credit. It can be this point in the RECORD. renovation. Again, new pools or pools used for adaptations to existing facili- The PRESIDING OFFICER. Is there undergoing significant renovation. ties. The amount of credit is 50 percent objection? In addition, since the ADA requires of eligible access expenditures. It is up The Senator from Iowa. that public accommodations remove to $5,000 a year. I don’t know what a Mr. HARKIN. Mr. President, I object. architectural barriers where it is read- lift might cost. I think the figures my The PRESIDING OFFICER. Objec- ily achievable to do so, some existing friend used were a little high, but let’s tion is heard. public accommodations may be re- say it costs $10,000. You get a tax credit Mr. HARKIN. Mr. President, as one of quired to also increase access to pools of up to 5,000 for that, so it really only the Senators who wrote the Americans for people with disabilities under title costs you up to $5,000. You get a 50-per- With Disabilities Act and whose name III’s readily achievable standard. Let cent tax credit for that. appears as the lead sponsor of that bill me repeat: readily achievable standard. In addition, section 190 of the IRS that was passed 22 years ago, I oppose The readily achievable standard is not Code provides a tax deduction. For Senator DEMINT’s effort to bypass the one-size-fits-all. I heard my friend from businesses of all sizes for costs incurred regular order and to amend the ADA to South Carolina saying this is a one- in removing barriers to meet the re- remove the ability of the Justice De- size-fits-all. That is not so. It is a very quirements of the ADA, the maximum partment to regulate the accessibility flexible standard. deduction is $15,000 per year that they of swimming pools. Twenty-two years For example, if the equipment is not can deduct. So these two tax incentives have passed and periodically things available—I heard Senator DEMINT say certainly help the hotel industry offset such as this come up, but I believe the the equipment may not even be avail- any expenses associated with installing ADA has withstood the test of time. able. If it is not available, by definition access to swimming pools. We look around at an America that it is not readily achievable and, there- Again, I want to say the rule does not has been transformed, not just for the fore, not required by the ADA. If it is require a permanent pool lift, as my disabled but for everyone. Everyone not available, by definition it is not friend from South Carolina said. That utilizes universal design now in the readily achievable. So it is not a one- is not so. It is a flexible standard under fact that things are easily accessible size-fits-all. It is very flexible. It readily achievable. If it is not readily for everyone. When we initially started means ‘‘without much difficulty or ex- achievable for existing pools, it is not putting in ramps, we thought only peo- pense.’’ That is the law. required. So if you had a mom-and-pop ple using wheelchairs would use those So what constitutes readily achiev- motel with a very small swimming ramps. I ask anyone here, go out and able in a particular case is an individ- pool, if a permanent lift is not readily watch who uses those ramps. It is not ualized analysis based on a number of achievable under the outlines I have just people in wheelchairs. The elderly factors, such as what the cost would be, just stated, then it is not required. use it, mothers with baby carriages use the resources of the entity involved. In Again, we have had 22 years, a lot of those ramps. You would be amazed how short, it is what a business can afford court cases. Some went to the Supreme many people find those ramps a lot to do. So readily achievable for a Fair- Court. Then in 2008, this body unani- easier than climbing up and down mont Hotel would be a lot different mously—without one dissenting vote, stairs. That is one example. But I want than readily achievable for a mom-and- this body and the House passed the to be clear about what is at stake here. pop motel that has a small swimming ADA Act amendments to overcome The Americans With Disabilities Act pool—much different. It is what the three rulings by the Supreme Court. is a civil rights law that guarantees business can afford to do. We passed it unanimously. The second equal rights and equal opportunities I know the American Hotel and Lodg- President Bush signed it into law. And, for individuals with disabilities. Sen- ing Association has been upset about again, we moved the ball forward in ator DEMINT’s legislation attempts to the application of this readily achiev- making this country more accessible interfere with the Justice Depart- able standard and what their members for everyone, including people with dis- ment’s ability to enforce the statute, a may be required to do. But again, keep abilities. So as I say, it has stood the civil rights statute. Again, it would be in mind, the pool requirements from test of time. There is no reason to cur- a dangerous precedent for the Senate September of 2010 were required to go tail the Department of Justice enforce- to set, and that is why I object to his into effect by March 15 of this year, 11⁄2 ment authority. There is no reason to bill. Let me get to the point here on years later. But there were some mis- bypass the regular process and to do the swimming pools. understandings, and so the Department what Senator DEMINT is trying to ad- In September of 2010, the Justice De- of Justice has extended the deadline to dress. partment published final regulations May 21. Again, I understand that the Let’s remember how popular the ac- implementing title II and title III of Justice Department has issued a notice cessible improvements that the ADA the ADA. These new regulations ad- of proposed rulemaking asking for required turned out to be for all Ameri- dressed a number of issues that have comments about extending the dead- cans. I mentioned earlier the curb cuts, arisen over the past 22 years, one of line an additional 4 months, until Sep- elevators, captioning on television

VerDate Mar 15 2010 04:10 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.065 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2065 screens, all of the things that seem to should concern Americans, that should taking place in Ethiopia because of be commonplace today that we take for concern our constituents at home, and China. granted. that should occupy our time and atten- The numbers tell the story. When we I am confident that the improve- tion. look at what China offers to Ethiopia ments in swimming pool access that Back on November 1 of last year, the and the continent of Africa, they are these new regulations will require will African Affairs Subcommittee of the offering concessional loans. What it turn out to be popular. Actually, they Foreign Relations Committee delved means is, if it is a $100 million project may turn out to be very popular with into this. Senator DURBIN, Senator that you need to start in Africa, the hotel guests who don’t have disabil- ISAKSON, and I looked hard at the ongo- Chinese will give you $100 million and ities. But think about it in terms of ing developments in Africa. As this say ‘‘but you only have to pay back $70 families who are traveling—it may be first chart suggests, there has been a million.’’ What a great deal that is, a an adult, may even be a child with a dramatic change in the amount of ex- 30-percent discount—with a few condi- disability, and they want to use the ports from China to Africa relative to tions: that you use Chinese engineers hotel pool, yet there is not a lift or the exports from the United States to and Chinese construction companies there is not a ramp. So one person from Africa. In fact, since 2000, Chinese ex- and half the workers will be coming that family is barred from using those ports to Africa have outgrown U.S. ex- over to your country from China. facilities. ports to Africa by a more than 3-to-1 They are building a base of economic As I said, keep in mind, it is readily ratio. support within Africa. Between 2008 achievable. If it is not readily achiev- Why does that matter? Why does it and 2010, China provided more to the able, they don’t have to do it. That is matter if American workers and Amer- developing world than the World Bank, why I objected to Senator DEMINT’s re- ican companies are losing out on a con- loans totaling more than $110 billion. quest to bypass the regular process. I tinent that I think many Americans What we are suggesting is that as this hope the Justice Department will con- view as having relatively modest op- is a growing opportunity for exports, tinue. I don’t have a view one way or portunity? Frankly, Africa is a con- we need to grow with it. the other on the extension to Sep- tinent of enormous opportunity. In I would like to yield to my colleague tember. If the Justice Department feels fact, out of the 10 fastest growing from Arkansas who has been kind that is okay and most of the comments economies in the last decade, 6 of them enough to join us in this effort. that have come in ask for that exten- were in Sub-Saharan Africa. That is Mr. BOOZMAN. I thank the Senator sion, I see nothing wrong with extend- not a widely known fact. So part of from Illinois for doing that. It is a ing it another 5 or 6 months. But at why I lay this groundwork to start this pleasure being with him and the Sen- some point the law must take hold, and colloquy is to help folks who are ator from Delaware. I think this is a we have to meet our obligations to re- watching at home and to help our col- good example of working together. The move the barriers to accessibility in leagues understand why Senator DUR- name of the game now is jobs, jobs, our country. We have come a long way BIN has taken the lead in making sure jobs, and exports mean jobs. The other since the ADA. Let’s continue the won- that we focus America’s efforts on people being so very helpful to our col- derful progress we have made in the strengthening our exports to Africa, a leagues—in the House, Congressman last 22 years. continent of enormous opportunity. CHRIS SMITH, and also BOBBY RUSH Mr. President, I yield the floor. Senator DURBIN. from Illinois. These guys have been The PRESIDING OFFICER. The Sen- Mr. DURBIN. I say to my colleague very helpful. Then, Don Payne, who is ator from Illinois. from Delaware that the Commerce De- my former ranking member and chair- INCREASING AMERICAN JOBS THROUGH GREATER partment estimates we can create jobs man who recently passed away, I know EXPORTS TO AFRICA ACT OF 2012 here in America capitalizing on the op- he would be very pleased with this ef- Mr. DURBIN. Mr. President, my col- portunities in Africa, and that is a fort. leagues Senator BOOZMAN and Senator good starting point in the midst of a I have had the opportunity to travel COONS and I are on the floor to speak to recession, to know that in Delaware, to Africa on many occasions, being on an issue relative to Africa. It is my un- Arkansas, Pennsylvania, and Illinois the House Foreign Affairs Committee derstanding the majority leader is there are jobs to be created, good-pay- and now being in the Senate. It is in- coming to the floor to make a unani- ing jobs right here at home, taking ad- teresting. You go to these places—the mous consent request. With the under- vantage of these export markets. Senator mentioned this—you go to standing of my colleagues that we will The chart Senator COONS has brought these places and all they want to do is interrupt our presentation for his re- to the floor at this point indicates the talk about trade. They like American quest, I think we can proceed, if it dramatic growth that is occurring products. They want American prod- meets with the approval of my col- right now in Africa, and I think it ucts. I was part of the first delegation leagues. Since I was the last to arrive, would surprise a lot of people, as he to visit South Sudan. Here they are, I want to defer to Senator COONS and said, who believe this is still a con- this small, struggling country and Senator BOOZMAN to start the con- tinent which is struggling with age-old again all they want to do is talk about versation. problems. trade. The PRESIDING OFFICER. The Sen- In the past 10 years, 6 of the world’s Mr. COONS. Mr. President, I ask ator from Delaware. 10 fastest growing economies were lo- unanimous consent to suspend our col- Mr. COONS. Mr. President, I ask cated in Sub-Saharan Africa, and in loquy. unanimous consent to engage in a col- the next 5 years it is expected that 7 of The PRESIDING OFFICER (Mr. BEN- loquy with Senator DURBIN and Sen- the world’s 10 fastest growing econo- NET). Without objection, it is so or- ator BOOZMAN for up to 30 minutes. mies will be in Sub-Saharan Africa. dered. And, as Senator DURBIN indicated, we The bill which we are bringing here is Mr. REID. Mr. President, I hope I am will suspend when Leader REID arrives. an effort to focus America’s export not interrupting anything that cannot The PRESIDING OFFICER. Without market on this great continent and be restarted in a short time. objection, it is so ordered. this great opportunity, creating jobs at f Mr. COONS. I want to briefly lay the home and a better working relation- groundwork for the conversation we ship with the countries and leaders of UNANIMOUS CONSENT REQUEST— are going to have in this colloquy Africa. H.R. 1905 about the Increasing American Jobs I went to Ethiopia last year and met Mr. REID. Mr. President, I ask unan- Through Greater Exports to Africa Act with the Prime Minister of Ethiopia. imous consent that the Foreign Rela- of 2012, of which Senator DURBIN is the As I have done in the times when I tions Committee be discharged from lead sponsor and Senator BOOZMAN and have traveled to other countries, I further consideration of H.R. 1905, the I have joined him as original sponsors. asked: What has been the impact of Iran Threat Reduction Act, and the The core question is, what is it about China on your country? We stayed and Senate proceed to its consideration; the rapid growth in Africa and the eco- spoke for another 30 minutes as he ex- that all after the enacting clause be nomic opportunity in Africa that plained to me the dramatic changes stricken and a substitute amendment

VerDate Mar 15 2010 04:10 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.067 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2066 CONGRESSIONAL RECORD — SENATE March 27, 2012 which is at the desk, which is the text sanctions or slow down this process in not part of their issues and are not part of Calendar No. 320, S. 2101, the Iran any way. I am willing to move this bill of what they try to advance. I am im- Sanctions Accountability and Human without amendment also at any time. pressed Senator DURBIN has pulled to- Rights Act as reported by the Banking I say to my friend, whom I respect, I gether an all-of-government strategy Committee, be inserted in lieu thereof; say to my friend, if there are addi- for dealing with this opportunity, and I that the bill as amended be read a third tional things that should be done—I would be interested in hearing more time and passed and the motions to re- was told this morning that Republicans about how the mechanics of this bill consider be laid upon the table, there want to offer amendments to this would actually work to deploy all the being no intervening action or debate. unanimous consent request. I said, no, great resources of the American Gov- The PRESIDING OFFICER. Is there because Democrats want to also. But ernment. objection? we are satisfied with where we are. Mr. DURBIN. This bill develops a The Senator from Kentucky. This is a wonderful piece of legislation, comprehensive strategy to coordinate Mr. PAUL. Reserving the right to ob- done on a bipartisan basis in the Bank- the agencies of our Government in ject, I am amazed the majority party ing Committee. If people, such as my helping U.S. businesses export to Afri- objects to an amendment that simply friend, the junior Senator from Ken- ca. Currently, the U.S. export pro- restates the Constitution. Our Found- tucky, want to do more, as do my motion and financing regime is a ing Fathers feared granting power to friends from this side and the Repub- patchwork of overlapping, loosely co- declare war to the Executive. They lican side, let’s come up with some- ordinated, and maybe in some cases were quite concerned that the Execu- thing else. But I think not to do this is wasteful efforts that are difficult for tive can become like a King. Many in unfortunate. U.S. businesses to navigate and too this body could not get boots on the We are slowing down these sanctions. often unresponsive to the real needs of ground fast enough in a variety of This is not a declaration of war or even real businesses. places, from Syria to Libya to Iran. We anywhere within the neighborhood of This bill creates a special Africa ex- don’t just send boots to war; we send that. We are slowing down these sanc- port strategy coordinator to ensure our young Americans to war. Our tions. That I believe is the way to this is no longer the case. He will work young men and women, our soldiers, avoid war. I am willing to move this with the existing export agencies and deserve thoughtful debate. Before send- bill without amendments, at any time, make sure they are on the same page. ing our young men and women into I repeat. I am hopeful my Republican The bill establishes a minimum num- combat, we should have a mature and colleagues will see the light and realize ber of commercial Foreign Service offi- thoughtful debate over the ramifica- how important it is to advance this cers to be stationed at U.S. embassies tions of war, over the advisability of measure and prevent Iran from obtain- in Africa and the multilateral invest- war, and over the objectives of the war. ing nuclear weapons. ment banks. These are the men and James Madison wrote: The PRESIDING OFFICER. The Sen- women who are contacted by American . . . that the Constitution supposes what ator from Illinois. businesses, wanting to do business. history demonstrates, that the Executive is Mr. DURBIN. Mr. President, I ask They can navigate them through local a branch most interested in war, and most unanimous consent we can resume the government requirements as well as prone to it. Therefore, the Constitution, with colloquy. some of the other cultural challenges studied care, vested that power in the legis- The PRESIDING OFFICER. Without they might face. The bill formalizes lature. objection, it is so ordered. and standardizes the training received My amendment is one sentence long. Mr. DURBIN. At this point, I yield to by economic and commercial officers. It states that nothing in this act is to the Senator from Arkansas, if he would It also incrementally increases the be construed as a declaration of war or like to conclude his remarks. amount of money Ex-Im can loan over as an authorization of the use of mili- Mr. BOOZMAN. I thank the Senator the next 10 years and creates a stand- tary force in Iran or Syria. from Illinois. Again, I was making the ard of accountability for those loans. I urge that we not begin a new war point that as we go to these African Remember, this is only an increase in without a full debate, without a vote, countries that want American prod- the lending limit, and these loans actu- without careful consideration of the ucts, whether it is the newest country ally make money for the U.S. Treas- ramifications of a third or even a in Africa, South Sudan, or the older ury. fourth war in this past decade. I, there- countries, and we need to have the Lastly, the legislation gives the Ex- fore, respectfully, object. ability to supply them. Both Senators port-Import Bank greater incentive to The PRESIDING OFFICER. Objec- have mentioned China. China is cer- aggressively counter concessional tion is heard. tainly lurking out there. Again, it is loans, below-market loans such as the Mr. REID. Mr. President, I am ter- not only China; it is India and a num- one I mentioned earlier in the case of ribly disappointed. There is nothing in ber of other countries. The Senator Ethiopia and China, that countries the resolution that talks about war; in might want to comment on that. Sen- such as China often use to undercut our fact, it is quite to the contrary. It is ator COONS. bidding in the process. unfortunate. I know, I read the Con- Mr. COONS. Senator BOOZMAN is After the Prime Minister of Ethiopia stitution a few times. My friend says right. There is a real challenge to the explained to me how the Chinese were he wants to restate the Constitution. United States in Africa, and it is not offering these concessional loans, he That is a strange version he just stat- just a economic challenge. We face then said: But, of course, then we ed. I don’t see that anyplace in the competition from China, from Russia, turned around with the telecommuni- Constitution. So I am deeply dis- from Brazil, from India, from other cations contract and the Chinese won appointed the Senate was not able to rapidly growing countries. that too. He said they are winning ev- enact additional critical sanctions But there is also a values change be- erything. That is not good news for us. against the Republic of Iran. cause, frankly, in countries I visited— We have the capacity to produce goods The sanctions that came out of the and I know both Senators, in their and provide services competitive with Banking Committee unanimously are a service to the public in the House and any nation in the world. But once they key to our work to stop Iran from ob- Senate, have visited more countries on have basically become a part of the taining nuclear weapons and threat- the continent than I have—but I am local economy and once they are part ening Israel and jeopardizing the U.S. concerned that China’s agenda in Afri- of the local culture, it is difficult for national security. It is a bipartisan bill ca is sometimes different from ours. It our companies to compete. That, I which passed unanimously out of the is not a values agenda. They are not think, is the real challenge we face. Senate Banking Committee. It would there to promote democracy, toler- That is what this bill basically does. have had much needed new sanctions ance, transparency, protection of intel- I think it not only creates an oppor- put in place right now, as we speak. We lectual property from piracy, from tunity to create jobs here, but as has could pass this legislation this minute counterfeiting. There are lots of dif- been mentioned by Senator BOOZMAN if the minority would drop their oppo- ferent things we advance in partner- and Senator COONS, these are devel- sition. We can’t afford to delay these ship with trade opportunities that are oping nations which are reaching a

VerDate Mar 15 2010 04:10 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.069 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2067 level of economic maturity. We want Arkansas if you ask the average Amer- ments that have been made by the last to be not only good trading partners ican to give you their image of Africa, administration and the current admin- but partners with them in the future, it will be an old image. The image of istration, by Congresses controlled by developing not only good markets but new Africa is a continent that is both parties, in relief of the very broad good values that are consistent with changing dramatically as those num- health challenges throughout sub-Sa- our view of democracy and the partici- bers show. Listen to these numbers: In haran Africa have produced dramatic pation of people who live in each of the year 2000, 7 percent of the popu- results. It has been both positive re- these countries. lation of Africa had access to the Inter- sults in terms of relieving human mis- I would like to yield at this point to net. In 2009, the number was up to 27 ery but also positive results in terms of Senator BOOZMAN. percent. That is almost a fourfold in- the view that most Africans have of Mr. BOOZMAN. I agree with the Sen- crease in access to the Internet. the United States. This is the con- ator from Illinois. We trade not only There was also a revolution when it tinent on the Earth where we are most goods and services, but we trade ideas. comes to mobile telephones. In 1998, positively viewed. We need to take that That is so important as we go on. Cer- there were fewer than 4 million phones platform and use the tools Senator tainly, Africa is developing a very on the entire continent. Today there DURBIN is trying to craft through this healthy middle class. This is certainly are 500 million. From 4 million to 500 legislation we support to make sure something new that they have not seen million phones. Most people have this that businesses large and small all before. Again, they are hungry for image of a dusty little village in Africa across the United States see this con- American products. where people live under pretty primi- tinent clearly as a continent of oppor- I appreciate the way the legislation tive circumstances, and that is true in tunity, as a continent where we have was crafted in the sense it is revenue many parts of Africa. But 78 percent of strong potential partners, and get us neutral so there is no cost to the tax- Africa’s rural population has access to back in the race. payer. What we are trying to do is get clean water. Seventy-eight percent has Frankly, right now we have a wakeup a plan together to make it such, par- access to clean water. Access to infor- call. When those of us who have been to ticularly our small businesses, so they mation and the global market are the Africa repeatedly see it as a continent can compete in this huge continent pillars of building a middle class. In Af- of great opportunity perceive that we that has so much going for it. Again, it rica this means a middle class hungry are allowing other countries to rapidly could be such a great help to a State for goods and services, and the United move past us, with Senator DURBIN’s such as mine. In Arkansas, we are talk- States can use that to our advantage. leadership with this bill, we can take ing about we already export $5.6 billion I am openminded about this. I want that opportunity, refocus our resources in merchandise. I think one of the ways us to be able to import from Africa as and make this the decade where the we are going to climb out of the eco- well because that is the nature of a United States and Africa, working in nomic doldrums we are in and create good trade relationship. It cannot be partnership, build and sustain tremen- jobs is going to be through exports, and all one-sided. Of course, our first pri- dous growth in imports, exports, and certainly this gives us an opportunity. ority is American jobs in Arkansas, trade. Mr. DURBIN. I hope we can change a We are almost—we could almost say, Delaware, Illinois, and Colorado. But few things in Washington as we look at using the statistics from the Senator let’s understand as the middle class Africa. I hope the U.S. Commerce Sec- from Illinois; he talked about 7 of the grows, their productivity will grow too retary will travel to Africa. That has 10 top emerging economies coming out and what they can provide us can make not happened in years. I would encour- of Africa—we are almost doing a dis- a big difference. age our Secretary to discover the op- service to our small businesses by not The world banks said recently in a portunities on this continent for the going forward with this legislation. report that Africa could be on the good of our economy here in the United Mr. COONS. That is right. I am brink of an economic takeoff much like States. grateful Senator BOOZMAN has been an China was 30 years ago and India 20 It is hard to imagine, as well, the active participant in helping pull to- years ago. So this bill, promoting our Commerce Department is actually cut- gether on this bill what has been a bi- trade into Africa, could not come at a ting its staff in Africa at this point, partisan consensus in this body and in better moment. and the Export-Import Bank doesn’t the House on the importance of im- I wish to yield to Senator BOOZMAN have an African staff at this point. proving the access to the export oppor- at this point. This can change. The tremendous Mr. BOOZMAN. Well, I agree with tunities of Africa for businesses large growth of the African economy and its and small in the United States. the Senator from Illinois and the Sen- middle class makes lack of engagement Both of our States are well known for ator from Delaware. The bottom line is inexcusable. We can reverse it, and this poultry exports. All three of our States there is a tremendous opportunity for bill is a step in the direction to reverse also have manufacturing exports, our country. I think that our country, it. across all the different sectors of our as we do start the trade process, trad- As Senator BOOZMAN said, it is mod- economy. We can’t help but do better if ing ideas along with goods, that, again, est, commonsense, and doesn’t add to we increase our exports to Africa. we are givers. We can be very proud of the deficit. It thinks of ways to use Fifty years ago, 70 percent of all U.S. the work we have done in Africa. No- current resources more effectively. It funds that flowed toward Africa were body has done more when we are talk- moves us in that direction with low- development or relief assistance from ing about food. I was one of the co- cost steps that will actually earn U.S. U.S. Government sources. Today that chairs of the malaria caucus. We can be money while creating U.S. jobs. is inverted. Today more than 80 per- very proud of the work the Congress I will yield on this issue and allow cent of all resources that go to Africa has done in the last several years. my colleagues to close if they have are direct investment by the private These are things that the Western closing remarks. sector. So Senator DURBIN has led the world can get together and eliminate. Mr. BOOZMAN. I thank the Senator. effort to create a wise and smart bill As the continent settles down and de- We appreciate his leadership. Perhaps that uses that leverage, that makes, as velops a middle class, 60 percent of the the three of us, and maybe others, can Senator BOOZMAN said, the rapidly businesses that do exports are small write a note to the Secretary of Com- growing markets of Africa accessible businesses and certainly we need to get merce and ask him to make a much- to our home State businesses, large in there. This bill challenges us to in- needed trip to Africa, to look at this and small, but also makes a more effi- crease that by 200 percent and gives us bill and not only do this, but use other cient, more focused use of the dramatic the incentive and a template for how ways as a strategy to implement so we resources of our Federal Government we do that so we can stop this erosion can get our small businesses trading and makes it more accessible. by the Chinese where they are outdoing more with the continent, again, keep- What is next and where do we go us by about 3 to 1. ing up with the likes of China, India, from here? The Senator from Delaware. and all of the places we mentioned. Mr. DURBIN. I can tell the Senator Mr. COONS. Senator BOOZMAN is ab- I think once it is all over, we will be from Delaware and the Senator from solutely right. The significant invest- very proud of our efforts, just as I am

VerDate Mar 15 2010 04:10 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.070 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2068 CONGRESSIONAL RECORD — SENATE March 27, 2012 very proud, as was mentioned, of the loans exceeded $1 trillion last year. the lender. I have invited students efforts we have made in feeding the There is now more student loan debt in from across the United States to share hungry, helping those with HIV, those this country than credit card debt. their stories about private loans and with malaria, and diseases such as Of course, when used prudently, stu- what has happened to them. I want to that. It is interesting that it is the dent loans can be valuable. I am living tell you one of those stories this place in the world where we have the proof of that. I borrowed money to go evening. A young lady came to testify highest acceptability. The people are to college and law school. I paid it back before my committee. Her name is very pleased with what the Americans and felt it was money well invested. I Danielle Jokela. Danielle is a con- have done there. Our State Department stand here today because of it. A lot of stituent of mine who lives in Illinois is doing a great job. We are teaching students have gone through the same and appeared at our hearing on the people how to fish rather than feeding experience. Unfortunately, too many looming student debt crisis. them, and that has been very success- students today are being steered into The odds were against Danielle. Both ful. loans that they will never be able to of her parents were high school drop- I appreciate everybody’s efforts and repay. outs, but because of the personal value hopefully we can get our colleagues to- According to an analysis by the Fed- education has for her, Danielle was de- gether and get this thing passed. eral Reserve Bank of New York, 37 mil- termined to go to college. Not unlike a Mr. COONS. I thank Senator BOOZ- lion Americans hold outstanding stu- lot of young people these days, her MAN and Senator DURBIN for the oppor- dent loan debt with an average balance family couldn’t help her. She had to do tunity to join together in this col- of $23,300. However, only 39 percent of it on her own. In the year 2004, she loquy. those student loan borrowers were ac- moved from Minnesota to Chicago to As Senator BOOZMAN referenced, this tually paying down the balance. More attend the Harrington College of De- is another example of how when Amer- than half of the student loan borrowers sign, a for-profit institution owned by ica leads with its values, America will in the United States are not paying Career Education Corporation. find success for our workers, our fami- down their loan. Before I go any further, let me tell lies, our communities at home in terms The New York Fed’s study found that you the story of the Career Education of increased export opportunities, but 14 percent of student loan borrowers— Corporation. November 1 of last year also in terms of higher regard for our that is 5.4 million Americans—were de- the CEO of Career Education Corpora- values, for our priorities throughout linquent while the remaining 47 per- tion resigned after it was disclosed cent of borrowers were either in for- the world. When we are willing to take that this for-profit school had reported bearance, which means a delay in pay- on the challenge of combating terrible incorrect information to its accreditor ment as the actual cost of the loan in- diseases such as HIV-AIDS, tuber- about the number of students who were creases, or still in school and adding to culosis, and malaria in partnership getting jobs after they graduated. It their debt. was such an embarrassment to the cor- with research universities, in partner- Last month Standard & Poor’s issued ship with African universities, and doc- poration that he was forced to resign. a report saying that ‘‘student loan debt The parting gift for this embarrassing tors and health care professionals, we has ballooned and may turn into a bub- can achieve remarkable results. situation was a $4 million parachute to ble.’’ Moody’s Analytics recently said the CEO as he left the Career Edu- When we pull together with Senator that ‘‘the long-run outlook for student cation Corporation. He failed in his job DURBIN’s leadership on this bill and we lending and borrowers remains worri- pull together all of our government, and got rewarded for it. some.’’ Now let’s go back to Danielle’s story. OPEC, Ex-Im, the Trade Development The overall growth in student indebt- She didn’t fail. She kept going to Administration, the Department of edness is troubling. The most pressing school. She fully trusted the staff at Commerce, the Department of State, and worrisome parts of it are private Harrington to help her with financial and we deploy the strength and the ca- student loans. What are these loans? aid. They helped her fill out all the fi- pabilities of America’s entrepreneurs These are loans given to individual stu- nancial aid paperwork for her loans and small businesses, the sky is the dents, not by the Federal Government and made phone calls on her behalf. limit in terms of the difference we can or through a Federal agency, but rath- There was no discussion about interest make for the people of Africa and the er through a private entity. people of the United States. According to the Project on Student rates and what the actual debt load I wish to thank Senator DURBIN for Debt, the most recent national data would be by the time she finished. his leadership on this important bill. I shows that 33 percent of bachelors de- School employees never talked about am grateful for the chance to join him gree recipients graduated with private monthly payments once she graduated and Senator BOOZMAN in the colloquy loans—one out of three—at an average nor did they tell her about the kind of today. loan amount of $12,550. The difference salary she could expect to earn upon Mr. DURBIN. I thank my colleagues between private and federal student graduation or the percentage of grad- Senator BOOZMAN and Senator COONS. loans is significant. Private loans to uates coming out of the Harrington Mr. President, I ask that this col- students in school are far riskier to School of Design who actually found a loquy be brought to an end, and I be pay. Federal student loans, through design job. recognized individually in morning the government, have fixed, affordable In 2007 Danielle graduated with a business. interest rates at 3.4 percent. They also bachelor of fine arts in interior design. The PRESIDING OFFICER. Without have a variety of consumer protec- You can imagine how proud she was objection, it is so ordered. tions, such as forbearance in times of coming from a family where her par- f economic hardship, and they offer man- ents had not finished high school. After graduation, she started to pay back the STUDENT LOAN DEBT ageable repayment options such as in- come-based repayment plans. following amounts that she had to bor- Mr. DURBIN. Mr. President, I held a On the other hand, private student row to graduate: $37,625 in Federal hearing last week in the Judiciary loans often have high variable interest loans and $40,925 in private loans. Committee on an issue that most rates. While interest is at 3.4 percent Danielle owed $79,000 when she got her Americans are aware of, but not aware for a government loan, it can be as bachelor’s degree in interior design. of the severity of the challenge we high as 18 percent for the student loans Today, 5 years after graduation, she face. The issue relates to student loan from a private source. We found that in still hasn’t found a job in that field and debt. our committee. That dramatic interest she now doesn’t owe $79,000, she owes Last month the National Association rate increase means that many stu- more than $98,000. Those loans just con- of Consumer Bankruptcy Attorneys dents, unless they land a great job and tinue to grow. She makes one com- issued an eye-opening report entitled can pay it back quickly, will find the bined payment each month of approxi- ‘‘The Student Loan Debt Bomb.’’ The principal not being reduced and the in- mately $830. Nearly 28 percent of her report pointed out that American stu- terest building up over the years. current income goes to student loan dent borrowing exceeded $100 billion in Once a student takes out a private debt. Twenty-five years from now—25 2010, and the total outstanding student loan, that student is at the mercy of years in the future—if the interest

VerDate Mar 15 2010 04:10 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.079 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2069 rates hold where they are, she will us, it was a ticket to a future. She Yet we turn our backs and say that is have paid nearly $56,000 for her Federal thought it was a ticket to a future for the way it works. loan, which started off at $37,000, and her. It turned out to be a ticket to a The Project on Student Debt reports nearly $155,000 for the $41,000 private life of debt. that 42 percent of for-profit college stu- loan. That is approximately $211,000 What are we going to do about this? dents had private loans in 2008, up from she will have paid 25 years from now on Are we just going to shrug our shoul- 12 percent. For-profit college students her $79,000 debt. That is a staggering ders and say that these students ought also graduate with more debt than 264 percent. to think twice about signing up or their peers. And the last statistic: 10 Do we believe any college student their parents who cosigned should have percent of the students, 25 percent of could even understand when they are asked harder questions or are we going the Federal aid to education, 44 percent signing these loan forms what they are to be more honest about this? The cur- of the student loan defaults through getting into? They assume that if the rent situation has to be examined in for-profit schools. Federal Government loans money to honest terms. The answer is obvious: They string the school, it must be a good school. How many private loans are now not these kids out, bury them in debt, they Not true. dischargeable in bankruptcy? What end up graduating, and they can’t find Many of these schools, such as Career other private loans would not be dis- a job to pay off their debt. And we sit Education Corporation, have what they chargeable in bankruptcy? The answer here and say: Gosh, I wish there was call national accreditation. I met with is none. The only things nondischarge- something we could do about it. There are a lot of things we can do a national accrediting agency. It ac- able in bankruptcy are things like Fed- about it. We need to take action. I have credits a lot of schools, some of which eral student loans, taxes you owe the introduced legislation—the Fairness the Presiding Officer is very familiar government, child support, and ali- For Struggling Students Act—that re- with in his State. It turns out that the mony. These private loans from schools stores the pre-2005 bankruptcy treat- for-profit schools have a peer-reviewed were added a few years ago. We gave ment for private student loans. If those accrediting operation. They look to them the sweetest deal of any creditor for-profit schools and those creditors one another to decide whether they are in America. No other private unsecured making private student loans knew competent to hold themselves out as creditor gets that protection in bank- they were dischargeable in bankruptcy, schools offering higher education, and ruptcy, other than those issuing pri- would they ask harder questions about the Department of Education accepts vate student loans, like for-profit the payback? Would they be more con- it. So what is the student to think? I schools. cerned about whether the students ac- am going to an accredited school, a na- So you say to yourself, Congress, why tually could end up with a job? You bet tionally accredited school. The Federal did you do that? Why did you offer that they would. There is no reason private Government is offering loans, maybe kind of a benefit to one tiny sector of student loans should get treated dif- even Pell grants. The student would as- the economy? And the answer is, there ferently than any other private debt in sume that this must be a good school. wasn’t a lot of debate about it and Secondly, of course, the situation there wasn’t a lot of talk about it. It bankruptcy, and it is especially egre- with the cost of these for-profit schools was in the bankruptcy reform bill, gious that these private loans are non- is dramatically higher, the amount of which I voted against, and the provi- dischargeable where a student was indebtedness of the students is dra- sion was stuck in there that gave them steered into a loan while the student matically higher than public education this sweetheart arrangement, this still had eligibility for the much lower and even private not-for-profit schools. sweetheart deal. costing Federal student loan. Think The amount of the indebtedness of the Well, it may have been a sweet deal about that. Here is a student who is el- students is dramatically higher, and for the schools and the private lenders; igible for a 3.4-percent Federal student more and more of these for-profit pri- it sure isn’t for Danielle. I don’t know loan being lured into a private loan at vate schools are dragging the kids, the what to tell this young woman. There 18 percent. As long as they have eligi- young students, into debt with private is no place for her to turn. At age 32, bility for the Federal student loan, the loans with absolutely explosive terms that is her plight in life now. It is hap- private loan certainly should not be to them. pening more and more. nondischargeable in bankruptcy. There is one thing I haven’t men- What I read earlier about this loom- I am encouraging my colleagues to tioned that bears saying. Under the ing student debt crisis and the fact take a hard look at this issue. I bet a current law, no student loan is dis- that we could be dealing with a bubble nickel that if my colleagues went to a town meeting in any town in Amer- chargeable in bankruptcy except under is something we ought to take seri- ica—in Illinois or any other State—and the most severe and extreme cir- ously. It is a serious problem. While asked folks there, does anybody have cumstances. It hardly ever happens. It the volume of private student loans is any concerns about student loans, means that the loan papers you sign at down from its peak in 2007 when it ac- watch the hands go up. People are wor- counted for 26 percent of all student the age of 21 are going to be with you ried about it. for a lifetime. And if you aren’t one of loans, we know that private lending is The last example I will use is one of the lucky ones—landing a good job, still being aggressively promoted by the people who work in my Federal of- making enough money—you will watch the for-profit college industry. fice who is a wonderful lady who cleans what happens as that student debt in- I always put these numbers on the the building and we have gotten to creases. Danielle’s debt went from record so people can put it into per- know her. She is an immigrant to this $79,000 in 5 years to over $98,000, and it spective. Ten percent of the postsec- country with a limited command of continues to grow. ondary students in America attend for- English, but she is a hard-working per- I asked her about her lifestyle—32 profit colleges—10 percent. The for- son. Her daughter graduated from high years old, married. She is trying to do profit colleges receive 25 percent of all school with a GED, and she was so elat- the best she can. She can’t go back to Federal aid to education—10 percent of ed when her daughter finally made it school—impossible. She can’t borrow the students but 25 percent of the Fed- through high school. She came in one more money to do that. She is looking eral aid to education. day and said: I have great news. My for a job and trying her best. She said: We had to put a statutory limit on daughter was accepted to college. It looks like I am going to lose my the Federal subsidy of these schools at It turned out she was accepted at home over this. It is just a little house 90 percent. They can receive no more Westwood College. Westwood College my husband and I were working on than 90 percent of their money—a for- accepted her and offered her a degree paying for. We just can’t do it any- profit school—in money directly from in law enforcement. We asked her more. the Federal Government—loans, Pell mother what it is going to cost. Well, Age 32, virtually in debtors’ prison grants. The GI bill is excluded, so it it is the $5,500 Pell grant plus $17,000 for these private loans and Federal can go up even higher. These are the more for 1 year. This college, unfortu- loans—for what? For making the mis- closest things to government agencies nately, has become notorious. It is take of going to college? I don’t happen with multimillion-dollar parachutes under investigation by the Illinois at- to think that is a mistake. For most of for their CEOs that I have ever seen. torney general for its loans. Students

VerDate Mar 15 2010 04:10 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.081 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2070 CONGRESSIONAL RECORD — SENATE March 27, 2012 who watch all these crime programs on Wyoming families and Wyoming Canada actually went to China to ask TV can’t wait to become part of law businesses know this all too well be- if they would buy the energy from Can- enforcement. Here is the bad news: cause in Wyoming we drive longer dis- ada if the United States is not inter- Westwood College’s law enforcement tances than most Americans. The ested. degree is not accepted by any law en- President also knows this, and that is So why would the President reject it? forcement agency in Illinois. It is not a why he continues to give speeches on Well, because his political base has legitimate college degree. energy. It is clear that the President is fiercely opposed the pipeline. Now the Well, we called Westwood because we defensive on this issue. I have heard President wants to have it both ways. have been through this with them be- the speeches, and I say: Pay less atten- He would like to please his political fore many times and said: If you don’t tion to what he says and pay more at- base as well as the American public. tear up those papers right now and tention to what he does. That is why the administration wants allow her mom and her to walk away The average price of a gallon of gaso- to go hat in hand and ask Saudi Arabia from this, there will be a press con- line, regular unleaded gasoline, is over to produce more oil. It is also why the ference out in front of your building to- 100 percent higher than it was when President is considering plans to tap morrow morning. They tore up the pa- President Obama took office. I will say the Strategic Petroleum Reserve. pers. But, sadly, many college students that again. The price of gasoline is This will be the second time Presi- who went to Westwood didn’t have that over 100 percent higher than it was dent Obama tapped the Strategic Pe- good result. The worst one I know of is when President Obama took office. It is troleum Reserve. Last June, if you will a young lady living in the basement of clear that the President’s policies are recall, the President released 30 mil- her parents’ home now, a graduate of contributing to higher gas prices, but lion barrels of oil from the Reserve. Westwood with a law enforcement de- instead of changing course President Prior to that, it had only been tapped gree and $90,000 of debt and nowhere to Obama and Democrats in Congress are twice for emergencies since 1975. So be- turn. She is in her late twenties and doubling down on bad policies and des- tween 1975 and June of 2011, the Stra- has nowhere to turn. That is the re- perate schemes. tegic Petroleum Reserve had only been ality of what is happening out there in Here is an example. One Senate Dem- tapped twice for emergencies. It was the real world. ocrat—someone across the aisle from tapped in 1991 upon the outbreak of the We have a responsibility here, a re- me—said: Let’s ask Saudi Arabia to Persian Gulf war, and it was tapped fol- sponsibility to these students, these produce more oil. That is exactly what lowing Hurricane Katrina. In both in- leaders of tomorrow, a responsibility he said. He said his solution is to ask stances those were real disruptions of when it comes to the reputation of edu- the Secretary of State to ask Saudi the supply of oil to the United States. cation in our country to step in and po- Arabia to produce more oil. Now Presi- But when President Obama tapped lice the for-profit schools that are not dent Obama and Senate Democrats the Strategic Reserve last year, there doing a good job, that are taking ad- want to raise taxes on American oil was no substantial prospect of a supply vantage of students and leaving them production. So we are going to ask disruption. His decision at the time deeply in debt with worthless diplomas. Saudi Arabia to produce more and yet was based on politics, as would be his It is not an issue where people jump up raise taxes on those who are producing decision to tap it now. That is why Jay and say: Let’s get down to the floor and American oil. So the President and the Leno recently called the Strategic Pe- join DURBIN on this one. It is just not Democrats want more oil from Saudi troleum Reserve President Obama’s that interesting to a lot of folks yet. I Arabia, and they also want to make it ‘‘Strategic Re-Election Reserve.’’ am afraid it will be. If this looming more expensive to produce American Well, my Republican colleagues and I student debt crisis grows, there will be energy. think there are other ways to address more and more tragic stories like the The legislation on the floor doesn’t high gas prices. The other thing is, one I put in the RECORD today about make sense, and the American people when they tapped the Strategic Re- Danielle Jokela. recognize that it doesn’t make sense. serve last year and took out the 30 mil- Mr. President, I yield the floor. Americans know that if you want less lion barrels, they did not actually refill The PRESIDING OFFICER. The Sen- of something, you tax it more. They it, so that the Strategic Petroleum Re- ator from Wyoming. also know that if you want to increase serve is not filled up right now. It is f the cost of something, you tax it more. lower. Just to fill it back to where it Raising taxes increases the cost for should be, its baseline level, would cost ENERGY POLICY consumers, and that is, in effect, what actually almost $1 billion more than Mr. BARRASSO. Mr. President, I rise President Obama and Senate Demo- they got when they sold the oil last to speak on the issue that is before us crats are doing with this legislation. year. today on the floor of the Senate; that They are proposing increasing gas I believe there are things we should is, the issue of high gas prices. prices by increasing taxes. Even the be doing and can do that will enhance, I was at home in Wyoming and filled author of this legislation has said that not jeopardize, our Nation’s security up again this weekend, as I do most ‘‘nobody has made the claim that this and specifically our Nation’s energy se- weekends, and today the average price bill is about reducing gas prices.’’ curity. We understand the Strategic of gasoline, regular unleaded gasoline So, then, why would President Petroleum Reserve is for emergencies, nationwide, is $3.91 a gallon. That is Obama want to increase gas prices 7 not political disasters; and we under- about 20 cents more than it was a months before a Presidential election? stand if we want more of something or month ago. Well, it appears to me it is because his if we want to lower the cost of some- People at home in Wyoming see the political base fiercely opposes fossil thing, we do not raise taxes on it. What prices continue to go up week after fuels. Now that should not surprise we do is make it easier to produce the week. High gasoline prices are causing anyone. We have seen this before. Of product. That is why my Republican hardships—hardships for American course, I am referring to the Presi- colleagues and I support making it families and American businesses. dent’s rejection recently of the Key- easier to produce American energy, and When families pay more at the pump, stone XL Pipeline, bringing energy it is why we are asking the President they can’t spend money on other goods from Canada into the United States. to make it easier to produce American and services. For families dealing with The Keystone XL Pipeline would have energy—not harder, not more expen- kids and a mortgage and bills, they created thousands of good-paying jobs sive but easier. know the specific impact as they fill for Americans. The President said no. A few weeks ago, we learned oil and their car or truck and see that price The Keystone XL Pipeline would have gas production on Federal lands and rise to the point where it is most, if facilitated oil production in Montana waters is down. Specifically, we not more, than $100 to fill the tank. and in North Dakota. The President learned there was a 14-percent decrease Also, when companies pay more for said no. The Keystone XL Pipeline in oil production on Federal public gasoline, they have less money to ex- would have increased supplies of oil lands and waters from 2010 to 2011 and pand their businesses. That hurts job from Canada. The President said no—to an 11-percent decrease in gas produc- creation in this country. the point that the Prime Minister of tion from 2010 to 2011.

VerDate Mar 15 2010 04:10 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.082 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2071 Again, the President has not made it are getting the oil out of there? Well, another 24 hours or maybe 30 hours we easier, but he must make it easier to they are shipping it on trucks and in will be off this bill and we will not have produce American energy. The Presi- trains, and that is a lot more expensive an energy plan. dent can begin by increasing the num- than shipping it by pipeline. When I go back home for our break, ber of permits issued for exploration in The Keystone XL Pipeline would re- when I am talking to Alaskans—and I the Gulf of Mexico. It is my under- duce the cost of shipping American oil. know the Senator will be talking to standing there are only 25 deepwater In addition, the pipeline would ship folks in Louisiana—they will complain rigs active in the gulf right now. I un- about 700,000 barrels of oil a day from about gas prices and heating costs and derstand 34 deepwater rigs were active Canada. The Canadian oil would re- how much it costs to fill their cars or in the gulf at this time in 2010. The ad- place oil imports from OPEC and thus their RVs if they are trying to go ministration needs to approve more increase our Nation’s energy security. somewhere on the weekends, and we permits and to do it immediately. Approving the Keystone XL Pipeline is have not done anything to make a dra- The President should also increase an easy decision, and the President matic change. access to other offshore areas. He should make that decision imme- Of course, this idea of eliminating should provide access to offshore areas diately. these incentives for the oil and gas in- in the Atlantic and the Pacific Oceans. Again, the President must abandon dustry I have opposed from day one, for In November, the President proposed his support for policies such as this leg- a variety of reasons. One, if we are an offshore oil and gas leasing plan islation that is ahead of us today, going to do real tax reform, then we that amazingly excluded the Atlantic which will only increase the pain at should do a broader sweep, and no in- Ocean and the Pacific Ocean. He ex- the pump. He must also abandon plans dustry should be left off the table. Ev- cluded areas off the coast of Virginia, which will put our Nation’s security eryone should be part of the equation. even though both of the Senators from further at risk. Instead, the President I have heard this from the industry— Virginia who are Democrats, as well as must make it easier to produce Amer- I know my colleague has heard this the Governor of Virginia who is a Re- ican energy. He should increase access from the industry—that they are will- publican, all support such exploration. to Federal public lands and waters, ing to be part of the bigger picture, but The President should also increase eliminate costly regulations, and ap- do not single them out because poll access to onshore areas. The President prove the Keystone XL Pipeline. numbers say they are a demon of some should open areas of Alaska, and we It is my hope the President will take sort or people do not like them. Let’s should support proposals to open all of these steps and do so imme- talk about real tax reform. That is one ANWR. Both Senators—a Democrat diately so the American public does debate. The other debate is, if we really want and a Republican—and the Governor of not continue to suffer the significant an energy plan, then let’s really do Alaska strongly support opening pain at the pump that continues to af- one. Let’s focus on opportunities, and ANWR for energy exploration. The fect our country today. let’s quit putting out pieces that one President should too. Mr. President, I yield the floor. side puts down because it sounds good The President should also take steps The PRESIDING OFFICER. The Sen- for their brochure, and then the other to facilitate onshore production in the ator from Alaska. side puts one down. Let’s really focus West. Specifically, the President f on something that will make a huge should scrap new regulations requiring ORDER OF PROCEDURE difference to this economy. ‘‘Master Leasing and Development As I mentioned, in Alaska fuel is ex- Plans.’’ These regulations were put Mr. BEGICH. Mr. President, I would like to enter into a colloquy with my pensive in our rural communities for into place over 2 years ago by the Sec- heating, and communities in Fair- retary of the Interior. It is unclear to colleague from Louisiana. The PRESIDING OFFICER (Mr. banks, which is a very urban area, can me why the Secretary issued these reg- pay upwards in the winter of $1,000 or ulations. They add more redtape, they UDALL of Colorado). Without objection, it is so ordered. maybe more per month in heating cause more bureaucratic delay, and costs, making their ability to survive ENERGY PLANNING they slow down American energy pro- very difficult. duction. Mr. BEGICH. Mr. President, just as I As we work on these energy projects Of course, there are other regulations expected, we have been in this back- and what is important, let me put an- that are driving up the cost of Amer- and-forth show-and-tell on oil and gas other thing in perspective from Alaska. ican energy—specifically, the EPA’s issues instead of spending the time and People think in Alaska all we care forthcoming tier 3 regulations that will working on a real energy plan, one that about is oil and gas. Well, we do. It affect America’s refineries. A recent is important for not only my State, my adds a lot of jobs. But we also care study shows this rule could increase colleague’s State, but for the whole Na- about renewable energy. I know I have the cost of manufacturing gasoline by 6 tion. So we go back and forth, and it is been on the floor of the Senate talking to 9 cents a gallon. This rule could also politics as usual in this Chamber. We about that. My colleague has been on raise annual compliance costs for refin- just heard a nice presentation by my the floor talking about renewable, al- eries by billions of dollars. And it will colleague from Wyoming about how it ternative energy. It is all part of the almost certainly increase the pain at is all the President’s fault the prices equation, how to ensure we develop a the pump that is being felt by Amer- are going up and all these other issues. plan. We diversify our energy re- ican families. To me this is unaccept- Let me just say this—and I know my sources, and then we deliver it for the able. The President should at the very friend from Louisiana knows this—in betterment of this country and eco- least delay the issuance of this rule. Alaska, there is a clear indication what nomically in order for us to survive. In addition to providing more access we believe when it comes to energy In Alaska, for example, as we work to Federal lands and waters and elimi- prices. We have communities that pay on our oil and gas development, we are nating burdensome regulations, the $9, $10 a gallon for heating fuel. We un- also moving forward on renewable en- President should address delivery bot- derstand when costs go up what hap- ergy. In our State, just about 25 per- tlenecks. Specifically, he should ad- pens to our economies in our rural cent of our energy production for use dress all the bottlenecks the Keystone communities. in the State is renewable energy, with XL Pipeline would relieve. Here, of We also are a producer of oil and gas, the goal to be at 50 percent by 2025. We course, I am referring to the 100,000 and we understand the potential and have a plan because we understand the barrels of oil each day that Keystone job opportunities. But this last week, value of it. would ship from Montana and North when we started on this bill, I know my I want to show a chart I have in the Dakota. That is right—homegrown colleague and I were just two of four Chamber, and then I know my col- American energy from Montana and people who said, no; we are not moving league has comments, and we will prob- North Dakota. on this bill because we expected ex- ably go back and forth a little bit. But Right now there is not sufficient actly what is going on now. We are just I want to show you this one chart. pipeline capacity out of North Dakota doing a little show-and-tell, having a When I came into office—and my col- and Montana. Do you know how they little argument back and forth, and in league over here talked about ANWR. I

VerDate Mar 15 2010 04:10 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.072 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2072 CONGRESSIONAL RECORD — SENATE March 27, 2012 support ANWR. I am aggressive about our own energy resources, and let’s do Why are they not doing this—I think it beyond belief. My colleague has it the right way. even some of their own Members were been. Before I got here, she was pound- Let’s have the real debate that will surprised that they had to be told by ing away on this issue also. It is impor- make the difference for consumers. So their leadership to change their votes tant. when I go home, and my colleague goes and do a certain type of vote. Now we We have four regions in Alaska that home, and someone says thank you be- are in this no-end product. In other are of high value. When we talk about cause we have set in motion a trend words, we are not going to end up with oil and gas in Alaska, at least from our that will lower or stabilize gas prices anything. I do not get it. I know they office, we talk about everything that is for our homes, for our cars, for our will go home just like the Senator and possible. We talk about ANWR. We talk businesses, for transportation in gen- I, and they will hear the same thing: about the National Petroleum Reserve eral, that is what we should be doing. jobs, gas prices, and construction and which—let me make that point—is de- But instead we are going to burn up a the housing market, what is hap- signed for petroleum production. We few days here and make a lot of speech- pening? These are things we hear have the Chukchi Sea over here, and es, and then we will move on. about. I am surprised. the Beaufort Sea over there. These four Well, I will tell you, and I think my Ms. LANDRIEU. I am surprised my- regions have huge value to the oil pro- colleague will agree with me on this, self. I hope when we do go home con- duction of this country. that the two of us are not going to stituents in all of our States will say: When we talk about this, where are stop. We are going to talk about an en- Stop the bumper sticker politics on the we today? What can it do? What can it ergy plan because that is what we need floor of the Senate and get down to replace? It can replace countries such in this country if we want to grow this passing an energy bill. I think we most as Libya and Nigeria and Saudi Arabia, economy and make ourselves more certainly, if we stop electioneering and where we get oil from. We could actu- self-sufficient and more secure nation- start legislating, could actually do ally produce it here, and the good news ally. that. is we are on the path to do that. What is happening in the Middle Now the Senator from Alaska and I— Now, has it been long and tedious? East? The price is going up. It is not and I have been here a few years longer Yes, it has. But are we moving in the anything we are doing. But we have than the Senator, but he has been a right direction? Yes. We have seen for some good news. Even though it is pre- most welcome addition to this issue be- the first time in 30 years the oppor- dominately private land that has been cause he is knowledgeable. He comes tunity to develop in the Arctic that we the growth factor of oil and gas, we are from a State that is larger than almost have not seen before. We are seeing for seeing more domestic production for half of the lower 48. His State is rich in the first time—this summer, Shell is the first time in 10 years. I do not resources. I have had the great pleas- moving their ships up to the Chukchi know, but to the Senator from Lou- ure to go to Alaska. I am looking for- Sea because the potential between the isiana, I think that is a good thing; ward to traveling there again this sum- Chukchi Sea and the Beaufort Sea right? mer and actually going to the North Ms. LANDRIEU. It is a good thing. alone is 24 billion barrels of oil. Slope because in Louisiana we build The Senator from Alaska is right on as Let me repeat that. I know we deal many of the ships that actually oper- usual on this subject and in the main with these numbers in our two States: ate in Alaska for their exploration ac- stream of what most Americans, I be- billions, billions. When we look at the tivities. lieve, are thinking about. Mr. BEGICH. If I can make a com- Chukchi Sea, 15.4 billion barrels of oil; I wanted to ask the Senator from ment that the Senator just christened plus a little side product, gas, and we Alaska, following his comments—I one of our new ships coming up. It has love gas because it is clean burning, 77 mean, why does my colleague think Icebreaker capacity to work for Shell trillion cubic feet; the Beaufort Sea, 8.2 our friends on the Republican side to do what? Go right here. billion barrels of oil—this is what we want to spend this week beating up on Ms. LANDRIEU. That ship was just know best today in our estimates— the President as opposed to doing christened this weekend in Louisiana. where they are doing exploration now, something that might help energy pol- So the relationship between Louisiana so we are going to find out more oppor- icy advance in the country? I do not and Alaska goes back a long way. I am tunities—gas, 28 trillion cubic feet. know if they do not realize that people very happy to have the Senator here NPR-A, the National Petroleum Re- are very frightened and anxious and advocating for a smart and effective serve-Alaska, 1 billion barrels of oil is upset about these prices or what does energy policy. what we know of, and they are in pro- the Senator think is driving this sort This debate some people are having— duction this year. of theater on the Senate floor? I do not believe I am included in that ConocoPhillips will be developing in Mr. BEGICH. Well, I think the Sen- because we are having our own col- what they call CD5. ator said it in the question in a way. It loquy about serious issues. But this so- ANWR is still a struggle, but 10.4 bil- is a lot of Presidential politics. I think called debate that everybody else is lion barrels of oil. It is still an impor- what I hear when I go home is—and the having is going to result in nothing, tant piece, where a small, little compo- Senator probably hears it too—that just a lot of sound bites. There will be nent of this would be developed, 2,000 people are frustrated with that activ- no energy policy that comes out of this acres out of 19 million acres. That ity. because the fact is—and everyone would be the footprint we would uti- Think about this: Just a couple of knows this that follows this—both par- lize. weeks ago, we passed a bipartisan ties are guilty for not having the right But the point I am trying to make is, transportation bill. Unbelievable. Peo- kind of energy policy, Democrats and if we want to get on to a real energy ple say we cannot do things together. Republicans alike. plan, then let’s do that. I know the Seventy-four votes moved a bill, with Democrats, from my perspective, do folks on our side did their vote. It was very diverse views, as we all know. But not appreciate the way they should the amazing. It shocked me, actually, that we worked it out. We spent 5 weeks need for more domestic drilling. So they voted to move forward. They had doing it after all the committees’ they resist sometimes the need for not done that ever since I had been months and months of work. And what more domestic drilling. I think Sen- here on that bill. It is because they did we end up with? A great product ator BEGICH and I have pointed out wanted to do show-and-tell for a week, that went over to the House, that now there are some places where there are get some press, and beat up the Presi- sits there languishing and not having people—Governors and Senators, dent because of Presidential politics. anything happen to it. Democratic Senators—who are open to I have my differences with the Presi- What is interesting, if we do not do a drilling. We could go to those places dent. We fought him a lot on these good energy plan, here is what hap- and do a better job of developing on- issues. But what I am interested in, pens: asphalt, which is a petroleum- shore and offshore. what I came here for—and I know the based product which builds those roads, But Republicans are not good at all Senator came years ago for—is to do a only goes up. When that goes up, that when it comes to conservation. They real energy plan that involves our means now the roads we want to build resist helping the auto industry, for in- country being more self-sufficient on become less. It is not complicated. stance, to retool itself, which we know

VerDate Mar 15 2010 04:10 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.074 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2073 has had an absolute direct bottom line I know the Senator is aware that debate about public land, et cetera. But on less petroleum products being used Louisiana—just off the coast of Lou- most of the land in my State is private for gasoline. isiana—produces just about as much oil land. In fact, the Federal Government Many of the new automobiles coming as we import from Saudi Arabia every owns less than 2.5 percent. out of domestic manufacturers, be- year. I do not know if the Senator Now, we are at polar ends of this de- cause of what Democrats and President knows that. bate. We are at opposite ends because Obama, who led this effort—which he How are the reserves looking in Alas- in Alaska the Federal Government never gets enough credit for on the ka? owns 90 percent of that State. It only other side—have done to retool Detroit Mr. BEGICH. Well, absolutely. As a owns 2.5 percent of my State, and the so that just this week in the news- matter of fact, as we know, this line— farther east you go it is less and less paper, I believe it was the Washington this is the pipeline that brings re- and less. Post—I wanted to ask the Senator sources from here down to Valdez and So when there is more drilling, like from Alaska if he saw this article. The ships it throughout the country and in Louisiana, it is private land owners most amazing thing that has happened the world. It is about 10 percent of the who are getting wealthy. In many of over the last 10 years is that our im- oil for our country that comes from these instances, such as in the ports of foreign oil have decreased for 2 Prudhoe Bay up here. Haynesville shale, which is up along reasons: One, we are producing more What is amazing about this develop- this area in Louisiana, northwest Lou- oil and gas at home, although there ment is, as it moves forward, it will ob- isiana, farmers whose land was vir- have been some setbacks with this ad- viously provide even more. Also, as the tually worthless or who were growing ministration which we are not happy Senator said, with the map there, it is crops but not really making it very about, the two of us, but also because about jobs. I mean, when we think well, now the gas has been discovered of the conservation we have done in about this development, this could be on their land, so they are getting roy- alty checks for $10,000 a month, $20,000 this country. upwards of 54,000-plus jobs estimated Mass transit is a part of that, which by an independent research arm. Plus a month. That is more money that peo- many Republicans reject. Conservation these jobs pay very well: on an average, ple have made or ever dreamed about initiatives are a major part of that, $117,000 a year. I do not know about making. I have heard of royalty checks which Republicans reject. Helping the you; I think that is a good-paying job. of $50,000 a month that people are get- domestic auto industry, which they— Ms. LANDRIEU. It is a very good ting. So they take that $50,000, they are not even drilling for oil and gas; they even Mitt Romney, their leader on the paying job. This is a very good point have just leased their property. They Republican side, said that was a mis- because I have tried to remind every- go out and start a business in their take to help Detroit, Ohio, et cetera, one here that this oil and gas industry hometown or they go out and buy two Michigan and places in Ohio. that exists in Louisiana and Alaska So I am coming to the floor to say does not just support the people of our new automobiles for their family or a this blame game is not going to work States. Think about it. There are only new pickup truck for their operations. I know the Senator understands the because both parties are almost equal- 500,000 people in Alaska. If that is indirect impact. It is not just the di- ly at fault. Senator BEGICH and I would going to create 50,000 jobs, that would rect jobs for the industry, but the be 1 for every 10 people. But people fly like to believe that we represent a lit- wealth that is created personally, and in and fly out. They will work for 2 tle bit of the Democratic side, a little the U.S. Government collects quite a bit of the Republican side, coming from weeks or a month and fly back. We bit of taxes from this industry as well. States—both of us being Democrats but have people working on our rigs that Mr. BEGICH. If I could add, in this from States that know something are from Maine or from Colorado or Chukchi/Beaufort, for example, it is es- about drilling. from New Mexico or from New York. timated that the cumulative state, I want to put up my map of Lou- Most of the people who work offshore local, Federal value over the next 50 isiana so people believe when I say that are from the Gulf Coast States, I might years in terms of revenue stream is up- we know something about drilling. say. You can tell this when you drive wards of $100 billion. If we then talk This is what my State looks like. through the parking lots and see the li- about the payroll over the next 50 Some people might not like this pic- cense plates which are easy to spot. years for the same two areas, it is $150 ture. This is the oil and gas infrastruc- But I can tell you there are people billion. ture in Louisiana. To someone who is a from all over the country who work in What happens to that $150 billion purist and does not like pipelines and this industry. that people get paid? Exactly. They does not like oil wells and does not like If I showed you a supplier line, you buy a house. They maybe put their leases, they may recoil at this. But would see supplies coming from all kids through college or they are vaca- people in Louisiana like this because over the United States to fund the op- tioning or they are improving their this is about money, and it is about do- erations like, for instance, the boat lifestyle. They are moving up, and that mestic energy self-sufficiency and inde- that is going to be operating in Alaska kind of money is significant. pendence. was built by people from Louisiana. It has a multiplier effect that is hard These are pipelines. There are 9,000 Some of those boats are built in Mis- to measure, but it is real. Anybody see- miles of pipelines under south Lou- sissippi, and some of that may even ing somebody making $117,000, they are isiana. We have been drilling onshore come from the east coast. I do not spending that money in the economy. and offshore for the last 50 years. Until know if the Senator is familiar with That is why we see the job growth we the Macondo Well blew up in spectac- that. see here. Again, to the principal debate ular fashion and killed 11 people, which Mr. BEGICH. Some of those ships we are having tonight—and we are the is very unfortunate and the fault of BP will be refurbished and some of the minority of the minority in a way—we and some of the contractors who were work that is being done is out of the need to get back to the basic issue of not doing their jobs correctly, it has Port of Seattle and Tacoma and that what do we want in this country in a been mostly successful. We have drilled region. It is a nationwide aspect. Think diversified, well-delivered energy plan. 40,000 wells—40,000. about this. In 2011, the oil and gas in- We can get there. For example, we had So when the Senator from Alaska dustry produced 9 percent of the new a bill, and the other side threw down says we know something about oil and jobs in this country. the same old talking points a few gas drilling, trust me; it would be like Let me repeat that: Nine percent of weeks ago—to drill everywhere one asking the Senators from Michigan: Do all of the new jobs in this country could imagine. It is about drilling but you know something about building came from the oil and gas industry. It doing it responsibly, in the right areas, cars? We know about that. We have is the fastest growing industry at pro- with the right design. They had Bristol been fracking. We have been using hor- ducing jobs. Bay, the fish basket of the country, izontal drilling. We know there is a lot Ms. LANDRIEU. It is also producing where 40 percent of the fish are caught. of oil and gas still to be found, and the great wealth. I do not think people un- They want to drill there. I cannot vote Senator talked about some of his re- derstand because a lot of the land in for that. It is a balanced approach that serves. the West is public land. So we hear this we need.

VerDate Mar 15 2010 04:10 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.076 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2074 CONGRESSIONAL RECORD — SENATE March 27, 2012 Ms. LANDRIEU. We don’t have to from Alaska will know this as well— well because I happen to also represent drill everywhere. The resources are so look what tax rate they pay. a State that has a tremendous petro- spectacularly promising. I have to get ConocoPhillips paid 46 percent. This chemical industry. Of course, that is back to this blaming President Obama. was the effective tax rate from 2006 to because the Mississippi River is there, I don’t know if my friends on the other 2010. Chevron paid 43 percent. They as well as the great finds in the 1950s side remember who the President was made a lot of money. They are abso- and 1960s for gas. So when big compa- when the Governor of Florida, Jeb lutely making a lot of money. These nies—particularly petrochemicals but Bush, a Republican, opposed drilling off are public companies, and their execu- big manufacturers—look around in the the eastern gulf. The President at the tives are paid well. I think they are world to where they go, one thing they time, his brother, George Bush, hon- probably paid a little more than I look at is the tax rate. But that is not ored that no drilling pledge. I remind would pay, but that is what they are the most important thing. The other my friends on the other side that their paid. These are public companies, and thing is to make sure they can find the party is not blameless in this debate. the shareholders are making money as skilled labor they need. They need They could do a lot better for the coun- well. But they are paying this very cheap energy costs because they can- try if they would stop trying to throw high rate in taxes. not produce steel competitively, for in- President Obama under the bus every Look down here on the chart. stance, if we don’t have cheap energy. minute—although I don’t agree with Walmart only paid 33 percent. Philip So a lot of these companies came to all his energy policies; I didn’t agree Morris only paid 27 percent. PepsiCo— Louisiana in the 1960s because we had with the moratorium in the gulf and a very good company—only paid 24 per- cheap energy. That changed, and a lot other things. I think they made some cent. These are effective tax rates. My of them left. Maybe we did other things strong points. But this should not be favorite—although I like them very to drive them offshore. You know what about hurting anybody; it should be much, but GE only paid a 9-percent ef- is happening today. Because of this $2 about helping our country. We do that fective tax rate. gas, they are all coming home. You by using a balanced approach, such as When the Senator says we need tax should see the building we have going the Senator from Alaska said. It is how reform, we most certainly do. If you on. That is why the Texas unemploy- we came together on the Transpor- came to me and said in a major bill we ment rate is the lowest in the Nation. tation bill. It was balanced, a com- are going to have an energy bill and I know the Governor would like to take promise, and it was a little of this and have some tax reforms to balance this all the credit for this. My Governor a little of that. We put a jobs bill to- out, I would be for that. But in good likes to take all the credit for this too. gether that will help our Nation. conscience, I cannot take away the They are two outstanding Republican We could put an energy bill together subsidy from oil and gas when they Governors, and they may be pretty if we have both parties stop beating up only represent 13 percent of the overall good, but it is the low price of energy on people. One beats up on the compa- subsidies but produce 60 percent of the that is driving this. That could happen nies and the other beats up on the energy. I certainly don’t want to raise in Colorado, it can happen in Illinois, if President and the poor people are the taxes on an industry now with prices at we just support the oil and gas indus- ones who suffer. the pump being so high. If we do, we try in a balanced way, instead of chok- I wish to show you something about are just going to drive them up, which ing it off. oil and gas taxes. People say: There is the last thing we want to do, par- Not only does that money go to goes LANDRIEU again; she is defending ticularly when this is the truth about them, it helps undergird this entire in- the oil and gas industry. Frankly, some the tax rates. The Senator from Alaska dustry which employs millions more of them, and the industry itself, should is again absolutely correct. This debate people, and it helps us to compete bet- be defended because it is an honorable, we are not having but everyone else is ter with China, with India, and I know good industry. It has provided jobs. It having is not getting us very far. the Senator understands that. He provided the oil we needed to win Mr. BEGICH. If I can, I will add one doesn’t have as much heavy construc- World War II. How do you think the al- more point before we finish. If these in- tion or refining in Alaska because of a lied troops got across Europe? They centives are so bad, then why are we at little bit of the isolation. But I think didn’t do it on a wish and a prayer. a 10-year high in production? Why do he can appreciate what happens in New That oil came out of the Permian we see in Alaska more independence Jersey and Louisiana and Illinois, as Basin in Texas. We have a long patri- than ever before? Probably in the Sen- an example. otic history in that industry. We get ator’s State I venture to guess—I re- Mr. BEGICH. Absolutely. I will tell our dander up when people beat up on member Anadarko, a very small com- the Senator we have been exporting for the industry. pany, which is now a very big one. We 40 years. We have been doing that be- People say the oil industry gets these can look at these different companies cause of our ability to do so and being subsidies. I wish to put two things into and part of the incentives are utilized able to get to the Pacific Asian mar- the RECORD. It says that according to to take hard-to-get areas and make ket. Overall, the State here—through the Energy Information Administra- them more profitable so they can all its natural resources, we are a net tion—which is our administration, not produce them. The result is that we positive in our export trade. We help a third-party spinmeister group. It now have more gas, for example, than lower the trade deficit for a variety of says in the study published in 2008 that we have ever had, and the price reasons—our fish, minerals, gas, and oil and natural gas received only 13 dropped so far that people are excited natural resources. So we are a huge percent of the subsidy but produced 60 about it, which happens—if we talk to contributor to this economy in a lot of percent of the energy needed to power the petrochemical industry, they love ways. our country. I will repeat that. The oil these low prices because they are pro- I have been here only 3 years, and I and gas industry receives only 13 per- ducing more opportunities in this still wake every day being hopeful. I cent of all the subsidies, but we country to produce products we used to am hopeful that at some point we will produce 60 percent of the energy that produce overseas. So there is a ripple debate and have a real energy plan dis- keeps the lights on in this building and effect. People say these are bad incen- cussion. When we do that, the net re- powers everything in the country. We tives. Actually, we are producing more. sult is that Americans will win, con- spend about $16.6 billion on U.S. energy They are paying one of the highest tax sumers will win, and national security subsidies over the course of 1 year on rates, as the Senator said. So we are will win. Everything wins if we have a everything, and renewables, refined getting money back on our investment. good dependable energy policy that coal, nuclear, and others accounted for They are high prices because we don’t looks not only at today but down the more than 85 percent of the subsidies. have a comprehensive energy plan to road. So the oil and gas industry got less have diversified energy portfolio and I think my friend from Louisiana than 13 percent of the subsidies, but make sure we deliver it everywhere we made a very good point about con- they continue to be the bogeyman in can. It is not complicated. servation, about those issues. Thinking all this. In addition to receiving only 13 Ms. LANDRIEU. The Senator is about the automobile industry, we percent of the subsidies—and my friend right. I am glad he mentioned this as came to their rescue and we got a lot of

VerDate Mar 15 2010 04:10 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.083 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2075 criticism—all of us, the President in- enough where I have helped to pass Why can’t we break this dependency cluded—but what is the result? Those comprehensive energy bills. I remain by producing more of everything at folks paid back their loans, and they hopeful when I wake too. I am a person home and transforming our auto indus- are more innovative than ever before. with the glass half full and not half try, which is the big pull on fuel. You But they are also producing more fuel- empty, and I try to remain optimistic know, our industries run on coal or efficient cars, which saves fuel, and it in the face of evidence to the contrary. natural gas or some oil, but the real saves on the long-term dependency on I remain hopeful we can continue on pull on this oil is our automobiles. foreign products. the path of more energy independence So that is why Republicans are Some people say that is not con- for our country. That is why that arti- wrong. They do not want to fund this servation; that was a bailout. It is a cle, written this week, which I will put transformation, but we have to fund combo. It is multifaceted. For what- in the RECORD, was very telling to me, the transformation to help America ever reason, the other side sees that as because I have been saying, similar to move from an old-fashioned petro- just another government thing. I can- the Senator from Alaska, are we mak- chemical, where we just fill up at the not remember, but it was a pretty good ing any progress? I believe if we cannot pump because we only have one thing interest rate we got on that money and manage, we cannot measure. What is to get—and that is petroleum—to they paid it back and now they are the measurement? One of the measure- where we can fill up with several other being more innovative. Most recently, ments is, are we importing more or less things. This isn’t pie in the sky, this is our automobile industry is building oil from dangerous places in the world. happening right now. But with a little more natural gas fuel vehicles. They And when I saw that had dropped by 15 more government investment, it could want to move forward in that area. I percent, I was very encouraged. happen more, and wouldn’t that be a don’t know if that will be successful, And the article pointed out two rea- relief? but they are moving forward because sons, not one—not drill, baby, drill or The Senator from Alaska will know the price is lower. We have a lot of it, conserve and conserve only but both, this, and I don’t want to misquote here because America has been doing a bet- and that is an industry that is stronger because I could get in trouble, so I will ter job. Despite the setback of the mor- than ever before. be careful, but if we had a system like As we sit talking about the impor- atorium, despite the setback with the that and the price of gasoline was $10, tance of energy and how we have to de- Deepwater Horizon, despite some of the no one would care. Do you know why? President’s slow policies on drilling, velop our plan and have a diversified Because they wouldn’t have to use it. and despite the Republican resistance plan of action from all sources, as the Think about that. You wouldn’t have to conservation, we have been doing Senator went through the list of the to buy it. You wouldn’t need it for your something right, because we have re- subsidies, we do it in every arena. We airplanes, you wouldn’t need it for duced our dependence on foreign oil, are trying to create a diversified en- your trucks or your cars because we which is good. ergy portfolio for economic security, We don’t want to be dependent on would have created a system of choice. and it also creates innovation. We can- Venezuela, and we don’t want to be de- And choice is power for the consumer— not depend on one type of fuel source. pendent on the Mideast, particularly really good choice. They could fill up It is all part of it. People who say it Saudi Arabia. They have been some- their car with natural gas or they can just be oil and gas are in another what of an ally, but they do not share could fill it up with another source. world. We have to have a multifaceted all our values, let’s be honest. Women That is where we need to go. Then we approach and then we have to do it and just got the right to drive this year— will break it. We will break the depend- deliver it for the benefit of the Amer- no, actually, to vote this year. I don’t ency because it could be $10 or $100 a ican people. There is a way to do that. think they have the right to drive yet gallon and who would care, because no Again, I struggled tonight because of officially. So do we share those values? one would have to buy it. the vote I took yesterday—one of No. So that is where we need to go. We four—that said we are not moving for- So why don’t we kind of get back to can get there. We are sort of creeping ward because I saw what was going to the basics here of drilling more at there. That is what this article also happen. By this weekend, I will be home, promoting and expanding our said—inch by inch we are getting home talking to Alaskans and sharing nuclear industry safely. And I mean there, but we could accelerate it—no their concerns about high energy costs drilling where it is safe and not every- pun intended—if we get off this ridicu- in small villages and urban areas, and where, as some Republicans suggest— lous ‘‘blame the person in the White they will be asking the question: What let’s drill everywhere. We don’t have to House so you can win the next election are we doing? I wish I could say here is drill everywhere; we just have to be and then get back to doing nothing.’’ the answer and the price will go down. smart and strategic about where we So I will turn the conclusion over to For the 3 years I have been here—and drill, compromise some about the the Senator from Alaska by saying the Senator from Louisiana has been places that are really opposed to it. We that the debate with sound bites for here longer—we have had a debate with can drill more, have revenue sharing, elections coming up and bumper stick- no real substantive beef. People have which makes sense with the coastal ers to put on cars will not help, but I put something out on the table, and States of Alaska, Louisiana, Virginia, am ready for a real debate. the other side votes against it, instead Mississippi, and Alabama because that We have introduced several pieces of of having a meaningful, real com- builds a strong partnership and stake- legislation. I have been a cosponsor of prehensive energy bill. We have tax in- holders between the local, State, and every piece of legislation since I have centives here and there but not some- Federal governments. been here on any kind of major Energy thing that says this is what are going I think we could do more on building bill, but it has to have a conservation to do, so 20 years from now, all of us, efficiency. We can do more on natural component, it has to have an environ- including my colleague from Louisiana gas vehicles. Wouldn’t it be wonderful mental safety component, it has to and my colleague from Colorado, can to have the kinds of vehicles that run have more drilling, revenue sharing, look at our kids and grandkids and say on electricity or on—and I don’t know and then I think an expansion of nu- we did the right thing because we are if this is possible yet, but we could ex- clear power would be very important stronger because we diversified our en- periment on electricity, on natural gas and the right subsidy mix for the kinds ergy resources. or on petroleum fuels or on diesel or of energy we would like to produce in That is the fundamental issue we will bio so that if the price of natural gas this Nation. That would make our Na- not get to. We are in our own debate was low, you would just sort of power tion much stronger when it comes to because we are a group of four. Two of yourself on natural gas. If your electric energy, but it would make us so eco- them are out tonight. The rest are in a bill is low because you are on nuclear nomically powerful and it would make different debate. and the nuclear price is low and you us militarily more powerful because we Ms. LANDRIEU. Yes. I wish to reem- are getting your electricity from your would negotiate treaties differently if phasize too the importance of getting nuclear powerplant, you just plug in we didn’t have to get on our hands and back to the basics on energy policy. I your automobile and you pay very lit- knees and ask countries that don’t have been privileged to be here long tle. even share our values to pump a little

VerDate Mar 15 2010 04:10 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.084 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2076 CONGRESSIONAL RECORD — SENATE March 27, 2012 more gas for us when we could pump it areas. And I oppose the idea of some SURFACE TRANSPORTATION ACT ourselves. Republican Senators and House Mem- Ms. LANDRIEU. Mr. President, while I yield to the Senator from Alaska. bers who are saying they shouldn’t be I am on the floor, I would like to speak Mr. BEGICH. I thank my friend from doing anything experimental. Abso- for a few more minutes, if I might, on Louisiana, and I will conclude by say- lutely, they should. They are a con- another subject but one that is equally ing again that her point about being sumer of the product. Let’s have them important. The Senator from Alaska smart and strategic is what we are say- give us some innovation. and I just spent some time talking ing. No one is saying either/or, that it People may forget that the same peo- about a balanced approach to energy has to be this or that. It is a combina- ple who were doing the energy develop- production and the fact that if we tion of things. Some will be more ex- could get there, we could create jobs. pensive today but maybe less later. ment in the early 1960s are the ones who started the Internet, from which The Senator was saying that no matter Think about the technology around what we do, it won’t create jobs over- the cell phone the first time it came we all now benefit. Imagine in the 1960s if we had said to the military: Oh, we night, and he is right again. It will out, which used to be a box about this take a long time, it won’t lower the big, and you plugged it in your car and don’t want you testing whatever they were calling that Internet system. price overnight, and it will create jobs. the big receiver would be in your But there is a bill that actually will That is bad. You get out of that busi- trunk. It cost several thousand dollars create millions of jobs overnight that ness. Where would we be today? Now, to buy that technology, if you remem- is pending, hanging around this Cap- as the parent of a 9-year-old, I might ber, and people were saying: No one is itol, that if we could get passed would ever going to do that. Now you can go have a different view on this. I may not mean a great deal immediately—to- to the 7-Eleven—or in my State it want my son on the Internet. But it morrow, literally the day after the bill would be the Holiday store—and buy made a difference in our economy and is signed by the President—and that, throwaway phones. It is amazing what everything else that is going on. Mr. President, is the Federal highway can happen when you allow some ex- To conclude, I would say we have a transportation bill which last week pansion of this knowledge and tech- chance to develop, to diversify, and to was passed and compromised by one of nology. deliver a real energy plan if we focus the most liberal and progressive Mem- Oil and gas bring new technology. on it. That is what we should be doing. bers of this body and one of the most The Senator mentioned directional So I thank my colleague from Lou- conservative Members of this body, drilling, for example, which is new isiana, and I thank the Senator from Senator BOXER of California and Sen- technology being developed in our Colorado, who is our Presiding Officer ator INHOFE of Oklahoma, who worked State and her State to bring opportuni- tonight, for allowing us to have a little for over a year and a half to put a ties that Shell gas is now doing—all rant time here in our own world. But I transportation bill together, a 2-year kinds of opportunities. think the world we talk about is the transportation bill. Many of us would When you think of the security level, same world almost everyone in Amer- have liked it to be 5 years or 6 years, I know the Senator from Colorado, our ica is living in, with high gas prices but 2 years is what they could nego- Presiding Officer here, has been in the and wanting real solutions. tiate. And you know what, it is a lot Armed Services Committee, where we better than the short-term 3-month, 6- talk about this all the time. How do we Anyone who says there is a magic month, 2-month, or 3-month temporary get the biggest consumer—the mili- bullet and the price will go down—that measures we have been under for the tary—to find new alternatives? And isn’t happening. I support the Keystone last several years. That gives no con- they are experimenting. Pipeline, and I know my colleague sistency—none—for our States and our But what is amazing—and we heard it from Louisiana supports that, but that counties and our cities. last week and the week before—is that won’t lower prices tomorrow. I support, If you talk about uncertainty, the our friends on the other side are won- for a variety of reasons, a long-term business community, real estate devel- dering why the military is looking at plan—jobs and other things—but it opers, planners, community planners, alternative fuels. They actually asked, won’t lower prices tomorrow. Drilling transit planners—these entities do not what gives you the authority to do in Chukchi and Beaufort is important know what it is going to look like 6 that? Well, actually, when it costs you to me. I think in the long term it will months from now or even next year. almost $400 a gallon for diesel fuel on create jobs and it will lower gas prices This bill would give at least 2 years of the front lines of Afghanistan, I think but not tomorrow. But these are the certainty, and then we could come that is a good reason. They should be kinds of things we should be doing. back, hopefully, and pass a long-term looking at what kinds of alternatives Will our investing in conservation to extension of 5 years or 6 years. But 2 they can use. ensure that our commercial buildings years is much better than 30 days or 60 I have seen what they are doing. and houses are more efficient turn a days or 90 days, which is what the They are doing some amazing things dollar right away? A little bit. But House is contemplating. with solar panels and small devices. over the long haul—I am doing an en- I am proud the Democrats and some And what is important about that for ergy retrofit to my house in Anchor- Republicans are standing up in the the military is they can move more age. I am going to save some money. It House and saying no short-term exten- rapidly through areas so they won’t will go in and go out because I have to sion. We have a bill. We have the Sen- have to worry about where is the diesel put some money aside for my son’s ate bill that got over 74 votes of Repub- truck for energy. But for rural Alaska, education. But I will have more money. licans and Democrats, compromised it is important in our rural villages So it pays over time. Nothing happens again between a more progressive and a where it is $10 or $11 a gallon for heat- overnight. It drives me crazy when I more conservative Member for the ben- ing fuel, and now there is technology hear the other side say that this is like efit of our country. that, instead of taking up a whole magic and tomorrow things will There are 1.9 million jobs at stake. room, is portable, and they can move change. I wish that were the case. We For the gulf coast Senators, there is an it, they can use it, and it saves con- all do. But we have to have a plan to extra bonus. Besides funding our rail, sumers. get there. our highways, and our transit, the gulf So there are all kinds of things we coast Senators and House Members should be doing. I thank the Senator from Louisiana from the States of Texas, Louisiana, I know the other side will say: Those for joining me tonight. I thank her for Mississippi, Alabama, and Florida got a things cost too much; these things cost standing tall when we took our vote very significant amendment to fund too much. When you are at the R&D yesterday. I think we made our point, coastal restoration and flood control stage, things always cost too much be- and now we need to move forward, and protection and economic development cause you have to move slowly to de- hopefully we can get other people to in the gulf coast, directing the fine velop and create the markets. But the follow our lead and do a comprehensive money that is going to be levied military is a huge driver of a market, plan. against BP sometime in the next few so I am excited that they are in these Ms. LANDRIEU. I thank the Senator. weeks or months. Instead of that

VerDate Mar 15 2010 04:10 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.085 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2077 money coming to the Federal Treasury paper this extension will be written on have to get this Transportation bill to be spent on a variety of different because we know that most of these out. I am sure other States can benefit things, it will stay where the injury oc- projects are funded by approximately from this bill. If we don’t, this will be curred, along the gulf coast, and 80 per- 75 percent Federal money, 25 percent the ninth short-term extension since cent of that money will stay in those local. In the old days when States were 2009. coastal areas and those coastal States, flush with cash and people were run- People at home must think we have helping our economies to revive our- ning surpluses, when we messed up in lost our minds. The clearest thing to selves and to save our coastlines. Congress as we are messing up now and people at home—they may not under- So gulf coast House Members, I am not giving them the Transportation stand, and sometimes it is hard for us speaking and hoping some of them will bill on time, some of our States could to understand, all the intricacies of hear this message. Gulf coast House just dip into their local money, keep every issue. But everyone in America, Members of either party, Democrats or their projects going, waiting for us to even our children understand that to Republicans, should stand tall and say: do our job. build roads we need a road crew, to Yes, let’s pass the Senate Transpor- Those days are over. Do you know build bridges we need a bridge crew, to tation bill for the benefits that will any State in the Union running a mas- build mass transit we have to have peo- come to our State and our Nation, cre- sive surplus right now? Do you know ple actually constructing. We need jobs ating or securing literally almost over- any State anywhere? I don’t. Because in America right now, yesterday, night 1.9 million jobs for the country, States have drawn down their reserves. today, immediately. helping our recovery. But tucked into They are running on very tight budgets Why is the House of Representatives the Transportation bill is a bill that because they are all coming out of this sitting on a bill that is paid for—con- could bring billions of dollars to the recession. Even our State that has a trary to some comments from House gulf coast to help with coastal restora- very low unemployment rate relative Members, paid for—that will go for 2 tion and beach erosion. to everybody else, that never experi- years? It is as long as I would like. It I have seen the clips every day since enced the recession as everyone else is not 4 years, it is not 5 years, but it we passed RESTORE, from Tampa, FL, did, is still running pretty sizeable is 2 years. It is longer than the 60-day, to Mobile, AL, to Jackson, MS, to Gulf- deficits at the State level. I can tell 90-day extensions we have been living port, MS, to the Times Picayune in you, my State doesn’t have any extra under since 2009. It is 2012. Let’s get a New Orleans, to the Houston Chronicle, cash to front the Federal Government. transportation bill. My final point: For the gulf coast and as faraway newspapers as the New When these projects run out and this is critical. We have a major piece York Times which have editorialized don’t get reauthorized, a lot of these of legislation tucked inside this bill. on: Pass the RESTORE Act now; bring transportation projects will come to a With the Transportation bill that the jobs and economic relief to the gulf halt. States will stop buying right-of- way. They will cancel or put on hold Senate passes, the RESTORE Act coast, an area and environment that passes with it. We create an oceans has been hard hit by the 5 million bar- what is under contract until the money comes forward. So I am going to be in trust fund, land and water conserva- rels of oil that were spilled in the gulf. tion with willing seller provisions, and touch specifically with the State of Next month, it will be the 2-year anni- we invest billions of dollars in the gulf Louisiana on how this is going to work versary. coast. It is a real jobs bill, not a pre- in our State, but we were told today I don’t know what the House of Rep- tend jobs bill. It is a real jobs bill. It that there are a handful of States that resentatives is thinking. They have a means everything to our States. have already started to put out notices real jobs bill over there right now, Whether one has a Republican or a to their contractors: There will be no voted on by Republicans and Demo- Democratic Governor, they are waiting more paychecks associated with this crats here, not just a few Republicans. on us to pass this bill so they can get road project or this bridge project or I think more than half the Republicans their people to work. I know mayors I this mass transit project. in the Senate joined with us to pass have spoken to, police in our State, Let me show everyone what I do this bill. In addition, it has the RE- county commissioners are waiting for know about our State. These are the STORE Act in it. As the Presiding Offi- this money as well so they can get grades we get from the Civil Engineer- cer knows, he had a great hand in sup- plans and put people to work. porting the part of that effort to fund ing Association. I am not proud of So I most certainly hope that in the the Land and Water Conservation Fund these grades. But the reason I am not next 24 hours, before we leave on Fri- which will provide money to all the too embarrassed is because just about day, the House of Representatives will States for park restoration and main- every State has these same grades be- pass the Senate Transportation bill, tenance and for land purchase with cause, overall, America’s infrastruc- send it over to us, and let’s put our willing sellers. ture generally is graded at a D. We are people to work. It is only going to last So I am on the floor to support BAR- the most advanced country in the 2 years. We can argue about the dif- BARA BOXER, to support JIM INHOFE, to world but get a D rating when it comes ferences, about how the money should say to the House: Take the Senate to our infrastructure, surface transpor- go directly to the States. We could Transportation bill. Take it now. It is tation, water infrastructure, dams, lev- argue about mass transit. We can de- good for all your States and for the ees, et cetera. bate that for the next 2 years. Let’s gulf coast House Members particularly. Our airports in Louisiana are C. Our pass the bill. Let’s get it done. The RESTORE Act is very bipartisan levees, despite the huge investment the I yield the floor. Federal Government has made re- and bicameral. Theirs is a RESTORE f Act very similar to ours. Please, let’s cently, but because of the longstanding TRIBUTE TO SENATOR BARBARA join together, stop procrastinating, and overall long-term disinvestment or MIKULSKI pass this bill. lower investment over time, we still We have had many supporters of this have a C. We have more bridge surface Mr. NELSON of Florida. Mr. Presi- bill. The chamber of commerce has put than almost any State in America—I dent, with all of the very well deserved out messages to everyone today: think we are third—and we have a D- statements that have been made about The Chamber strongly supports this impor- minus. We have more ports; in fact, our colleague Senator BARBARA MIKUL- tant legislation . . . Passing surface trans- Mississippi’s southern port from SKI, I wanted to raise my voice in sup- portation reauthorization legislation is a Plaquemine to Baton Rouge is one of port of the milestone she recently specific action Congress and the Administra- the largest in the world, definitely the achieved as the longest-serving woman tion can take right now to support job largest in the country, a C-minus, and in congressional history. growth and economic productivity without our roads are D. A personal word I want to add about adding to the deficit. Senator BOXER has been on the floor Senator MIKULSKI is that she has been I wish to say one word about this ex- now all week, and I am joining her and so supportive and such a leader of our tension. Extensions are not benign. As helping her tell the House of Rep- Nation’s space program. As the Chair- Senator BOXER told us today, exten- resentatives they are playing with fire. man of the Senate Appropriations Sub- sions in some States aren’t worth the They are playing with dynamite. We committee on Commerce, Justice, and

VerDate Mar 15 2010 04:10 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.088 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2078 CONGRESSIONAL RECORD — SENATE March 27, 2012 Science, she has to be intimately fa- working families. She understands that is a true pioneer, a strong example of a miliar with the details and the appro- our country needs to make things and smart legislator, and an outspoken priate way to allocate funds that are grow things if we are going to have a voice for working people. I have great vital for our civilian program to go for- middle class and an American Dream. respect for the journey she has taken, ward in the visionary and frontier She understands the dignity of work, and I am proud to serve alongside her. breaking manner that it always has and how important that is to families f and I am grateful for her leadership. I who want to create a better future for JOBS ACT wanted to add this to the accolades their children, just as BARBARA’s fam- that she so well deserves and has al- ily did for her. Mrs. HUTCHISON. Mr. President, I ready heard from so many of our col- And in her many years of leadership rise today to speak on H.R. 3606, the leagues. and service, she has been fighting every JOBS Act, which we passed in the Sen- Senator MIKULSKI began her tenure day to create a better future for every ate last Thursday, March 22, 2012 by a in Congress in 1977 as a member of the little girl and boy in Maryland. She did vote of 73–26. I am very pleased that House of Representatives. She rep- not come here for the power; she came this legislation passed with such strong resented Maryland’s Third District for here to serve. And I think that is why bipartisan support, particularly be- ten years before moving to the Senate the people of Maryland have chosen cause it includes a measure which I au- in 1986. her, time and time again, to be their thored to update the shareholder During her time in the Senate, Sen- champion in the U.S. Senate. threshold before which banks must reg- ator MIKULSKI has been a champion for In the whole history of the United ister their securities with the Securi- many of the issues that are particu- States, 1,931 people have served in the ties and Exchange Commission. larly important to my fellow Florid- U.S. Senate. Of those, 39 were women. Title VI of the JOBS Act is based off ians and me. She is a strong supporter And of those, 17 are serving right now. of S. 1941, which I introduced on De- of veterans’ and seniors’ issues. And of those, only one—Senator BAR- cember 5, 2011 with Senator MARK Senator MIKULSKI has also worked to BARA MIKULSKI—is our Dean and our PRYOR. Section 601 of this title in- protect our oceans by supporting the mentor. creases the registration threshold for National Oceanic and Atmospheric Ad- I want to thank my friend, Senator banks and bank holding companies to ministration, especially during one of MIKULSKI, for all she has done for me 2,000 persons and the deregistration the worst environmental disasters and for all the women who will follow threshold to 1,200 person. we’ve seen. In 2010 she conducted a sub- in her footsteps in the years to come. As the author of Title VI of the JOBS committee hearing to explore the use Mr. WEBB. Mr. President, the Senate Act, I welcome today’s consideration of of dispersants in response to the Deep- is in the midst of recognizing a very H.R. 3606 in the House of Representa- water Horizon spill in the Gulf, helping important milestone in our history. I tives and the endorsement that Presi- us to better understand the long-term would like to join my Senate col- dent Obama has given this job-creating consequences of that environmental leagues in congratulating Senator BAR- legislation in a Statement of Adminis- tragedy. BARA MIKULSKI as the longest serving tration Policy. The new thresholds for Senator MIKULSKI also serves as female Member of Congress. registration and deregistration are ef- Chairman for the Health, Education, As we all know, Senator MIKULSKI fective upon the President’s signature Labor, and Pensions Subcommittee on has dedicated her life to public service. since no rulemaking is necessary. It is Children and Families. In December, Before running for public office, Sen- the intent of Congress that this new she chaired a hearing on child abuse, ator MIKULSKI worked as a social work- law should apply immediately to banks casting light on this issue and urging er helping at-risk children and edu- and bank holding companies so that her colleagues to take greater steps to cating seniors on Medicare. In 1971, she they can raise additional capital to in- combat it. successfully ran for her first public of- crease lending in their communities. I am honored to have served with fice and was elected to serve in the Bal- f Senator MIKULSKI for the past decade, timore City Council, where she served WOMEN’S HISTORY MONTH and I look forward to continuing to for 5 years. work with her on matters of great im- Senator MIKULSKI first ran for Con- Mrs. MURRAY. Mr. President, I portance to Maryland, Florida, and the gress in 1976, seeking to represent would like to take a moment today to rest of the country. Maryland’s Third District. She won recognize the dedication of women Ms. STABENOW. Mr. President, I that race and went on to hold the seat service members and women veterans join my colleagues in honoring the for a decade. In 1986 she decided to run in celebration of Women’s History service of the Senator from Maryland, for the U.S. Senate, and she has been Month. BARBARA MIKULSKI, on becoming the serving here ever since. The Senate was Women have played an important longest-serving woman in the history a very different place when she first ar- role in our Nation’s military from the of Congress. She is an inspiration, a rived as one of two women Senators. time of our Founding Fathers. Today, mentor, and a friend, and I congratu- She not only had to learn how the Sen- women make up 15 percent of the Ac- late her on achieving this historic ate functioned but had a quick lesson tive-Duty military and 18 percent of milestone. in bipartisanship—as the other woman, Guard and Reserve forces. Our women The story of BARBARA MIKULSKI is Nancy Kassebaum-Baker, was a Repub- soldiers, sailors, airmen, marines, and the story of the American Dream. The lican from Kansas. Today, we have 17 coastguardsmen have served coura- daughter of a grocer in Baltimore, she women in the Senate and 76 women geously in Iraq and Afghanistan. They learned what it meant to do a hard serving in the House of Representa- have played a variety of roles ranging day’s work. She got good grades, went tives. from convoy leaders to fighter pilots to to college, and eventually got her Mas- Senator MIKULSKI has been an out- field medics. I am inspired by their ter’s Degree in Social Work. spoken advocate for working people ev- bravery and their dedication to our When she was in her 20’s, she got in- erywhere. Due in large part to her lead- country. volved in a fight to stop a highway pro- ership and strong advocacy on behalf of Already women make up nearly 10 posal that would have cut through a women, our daughters and grand- percent of the veteran population, a working-class neighborhood. She daughters will have opportunities that proportion that Department of Vet- stopped that highway and saved the were not available to many women in erans Affairs, VA, expects to grow over homes of the families who lived there. the past. She is a wonderful role model the next decade. VA has already come Those families saw something that through her dedication to public serv- a long way in addressing the unique day that all of us would recognize ice, as she fights passionately every health needs and challenges that today: a woman of passion, hard work, day for the people of Maryland that she women face. A generation ago, VA and determination. is here to represent. would have been the last place that we Throughout her years of service, she And so I want to add my voice to would associate with women’s health, has reflected these values day in and those praising Senator MIKULSKI as she but just this past January, VA marked day out as she has fought for America’s reaches this important milestone. She an important milestone in caring for

VerDate Mar 15 2010 04:10 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.023 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2079 women veterans. In Salt Lake City, EYE DONOR AWARENESS MONTH TRIBUTE TO UT, a woman veteran not only received Mr. BROWN of Ohio. Mr. President, RAYMOND J. PRICE III all of her prenatal care from VA but March 2012 marks the 29th annual Na- Mr. BROWN of Ohio. Mr. President. I also delivered a beautiful baby girl tional Eye Donor Month—a month de- rise today to honor Raymond J. Price under the care of her VA obstetrician. voted to honoring eye donors and cor- III upon his retirement from the Inter- Yet, for all of its recent progress, VA neal recipients, and increasing aware- national Union of Painters and Allied still must do more to ensure that ness of the need for eye donations. Trades, IUPAT. For more than 30 women veterans are receiving the care Since President Ronald Reagan de- years, Ray Price has represented his that they need and deserve. As they re- clared the first National Eye Donor fellow workers in Ohio and across the turn from the battlefield, the VA sys- Month in 1983, the Eye Bank Associa- country with distinction and dignity. tem must be equipped to help women tion of America, EBAA, and its 97- In September 1978, he started as an veterans step back into their lives as member eyebanks have used National apprentice painter at IUPAT Painters mothers, wives, and citizens. Eye Donor Month to educate the gen- Local 867 in Cleveland. He honed his I am incredibly proud of the women eral public about the donors and their who have served or are serving our Na- craft to become a journey worker just families who provide life-changing cor- 3 years later. As he rose through the tion in uniform, and I strongly believe neal transplants for over 50,000 people we must do all we can to honor them. ranks he earned the trust and admira- annually. tion of his fellow brothers and sisters That is why I led the effort to pass into Of the EBAA’s 97-member eyebanks, law the Women Veterans Health Care progressing as a business representa- four are located in Ohio, and they pos- tive, business manager, and, by 1995, as Improvement Act. This bill, which was sess a deep-rooted commitment to re- manager and secretary-treasurer of included as part of the Caregivers and storing sight by providing corneas for IUPAT District Council 6, which covers Veterans Omnibus Health Services Act sight-saving transplant procedures. In all of Ohio and central Kentucky. of 2010, helped to transform the way 2010, charitable eye donations made by He would become heavily involved that VA addresses the needs of women Ohio residents allowed our State with the Cleveland Building Trades veterans. This act authorized the VA eyebanks to provide more than 1,000 Council and served as vice president of to provide neonatal care, train mental corneas to help their friends and neigh- the Cleveland AFL–CIO Federation of health professionals to provide mental bors regain sight, and an additional Labor. What IUPAT members in Ohio health services for sexual trauma, de- 1,000 eyes and corneas for additional understood about his loyalty and velop a childcare pilot program, and surgical procedures, as well as for re- staff each VA medical center with a search and educational purposes. toughness, soon members from across full-time women veterans program These selfless efforts have not gone the country would also recognize. In manager. VA has an obligation to pro- unnoticed, changing the lives of thou- 1999 he joined the International Union vide women veterans with quality care, sands of Ohioans through the selfless staff as a representative of the general and we have an obligation to make gifts of donors and their families. president and, later, as general vice- sure VA does so. The Central Ohio Lions Eye Bank in president at large. With each new chal- Our commitment to women veterans Columbus, serving 45 counties, has lenge and responsibility, Ray showed does not end with passing legislation made possible over 12,000 corneal trans- how a progressive labor movement is like the Women Veterans Health Care plants since 1973. critical to our country and to our mid- Improvement Act. We must actively In the past 10 years, the Cincinnati dle class. monitor the implementation and effect Eye Bank for Sight Restoration, lo- Thank you, Ray, for your counsel and of these bills to make sure that no cated in the southern part of our State, friendship. As you spend time at your woman falls through the cracks. In De- gave the gift of sight to nearly 6,300 in- cottage on the Sandusky River, I wish cember of 2010, a VA Office of Inspector dividuals through transplantation. you a happy retirement with your wife General report found that the Veterans In northern Ohio, the Cleveland Eye Mary Ann, your children, and extended Benefit Association had not fully as- Bank has provided corneas for over family by your side. You have left a sessed available military sexual trau- 20,000 cornea transplants since its legacy that shows how one can make a ma-related claims data and had no founding in 1958. career fighting for working men and Lions Eye Bank of West Central clear understanding of how consist- women—and making a community and Ohio, LEBWCO, in Dayton has provided ently these claims were being adju- country more just and fairer for all. high-quality ocular tissue to surgeons dicated. While both men and women and patients since 1982 and serves more f service members carry the devastating than 1 million people in nine counties. wounds of military sexual trauma, the TRIBUTE TO MIKE DAVIES LEBWCO is dedicated to making the GAO found in 2002 that 22 percent of Mr. BLUMENTHAL. Mr. President, gift of sight a reality for the Dayton screened women service members re- today I honor New Haven open chief ex- community and all Ohioans. ecutive officer Mike Davies, who was ported military sexual trauma com- Since the EBAA’s inception in 1961, named a 2012 inductee of the Inter- pared to 1 percent of screened men. corneal transplants have changed the With this shocking statistic in mind, lives of over 1,000,000 people. However, national Tennis Hall of Fame and Mu- Senator TESTER and I pressed VBA to much remains to be done to offer more seum, a nonprofit organization founded improve the accuracy and consistency people the opportunity to receive life- in 1954. The official induction cere- of their military sexual trauma-related changing corneal transplants. mony will take place this summer, and disability claims process. I am happy I encourage all Americans to register so, very appropriately, the outdoor ten- to say that VA agreed with our assess- to become eye donors. Inform your nis season provides an opportunity to ment and has since worked to overhaul family of your wishes; designate your- honor a man who has significantly in- the way it processes military sexual self as a donor on your driver’s license; fluenced the game of tennis. He is truly trauma disability claims. and register as an eye donor through an athlete and sportsman for all sea- Mr. President, the committee’s expe- your State donor registry. sons. rience with military sexual trauma dis- I urge my colleagues to work with Other 2012 inductees include U.S. ability claims is symbolic of the kind their local eyebanks and the EBAA to Gold medalist Jennifer Capriati, Bra- of work that remains to be done for promote the importance of eye dona- zilian top athlete Gustavo Kuerten, women veterans. I recognize the chal- tion and its life-enhancing effects on Russian star Yevgeny Kafelnikov, and lenges that women veterans face over corneal recipients. three-time Paralympic medalist Thom- the coming years and remain deter- During March 2012, let us commemo- as ‘‘Randy’’ Snow, all recognized in the mined to work on their behalf. The rate the lives of the donors who make Recent Player Category. Snow, who promise that we make to our veterans corneal transplants possible, celebrate passed away in 2009, was a tireless lead- is sacred and knows no gender. To the sight restored by these transplants, er for the disabled, inspiring many as a honor our veterans, we must honor this and work to widen the path for addi- champion of wheelchair tennis. Span- promise for each and every one of tional advancements in corneal trans- ish superstar Manuel Orantes and Aus- them. plantation. tralian champion Thelma Coyne-Long

VerDate Mar 15 2010 06:53 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.050 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2080 CONGRESSIONAL RECORD — SENATE March 27, 2012 will be inducted in the Master Player RECOGNIZING THE NEW HAVEN Lions, along with four other service or- Category. Nick Bollettieri, legendary LIONS CLUB ganizations and the New Haven Depart- coach and entrepreneur, and Eiichi Mr. BLUMENTHAL. Mr. President, ment of Parks, Recreation and Trees, Kawatei, a strong promoter of tennis in today I wish to recognize the New provide this spot for the community to Asia, will join Mr. Davies in the Con- Haven Lions Club as they celebrate enjoy. tributor Category. their 90th anniversary and nearly a Even though the New Haven Lions I was not surprised when I read that century of community service, civic in- Club has held and participated in many Mr. Davies taught himself how to play volvement, and charitable contribu- newsworthy events such as hosting a tennis and has used the same self-in- tions to the city of New Haven, the Benny Goodman concert in 1958 and vented grip to swing his racket for the State of Connecticut, and the increas- volunteering over 150 hours during the past 65 years. This anecdote is a perfect ingly interconnected international 1995 Special Olympics World Games metaphor for how he, as an innovator, community. held in New Haven—what makes this has transformed a game that so many Lions Club members are connected to service club special is its members’ Americans cherish. the heart and soul of their local cities dedication to each other, their commu- and towns, following the proactive phi- nity, and their legacy. Since its birth, Although we remember him as a losophy: ‘‘community is what we make then only the second of its kind in New great player battling to the top as No. it.’’ Through their extraordinary serv- England, the Lions Club of New Haven 1 in Britain today, I recognize his per- ice and generosity including weekly has evolved and adapted while always haps lesser known contributions to meetings, annual volunteer events, and keeping the tradition of service, com- tennis. He dedicated many years to fundraising the 46,000 Lions Clubs and panionship, and civic duty as the foun- leading our world’s major tennis orga- their 1.35 million members change the dation of every step together. nizations, including the World Cham- world around them. Following their I wish the Lions of New Haven all the pionship Tennis, WCT, serving as its historic practice of activism and par- best as they continue to listen to the executive director for 13 years, the As- ticipation, they touch countless lives. pulse of the city of New Haven and rep- sociation of Tennis Professionals, and Founded in 1922, the New Haven resent Connecticut in the many Lions the International Tennis Federation, Lions Club is the second oldest Lions Club happenings around the world. I where he made the Davis Cup a tour- Club in Connecticut. The members—or have the greatest confidence that nament worth watching. In these ca- Lions, as they aptly call themselves— steadfast progress, tender human con- pacities, he changed parts of the game come together four times a month at nections, and far-reaching impact will that we take for granted and made the New Haven Long Wharf to plan the be made by this invaluable organiza- playing and watching tennis more en- community outings that have become tion over the next 90 years and more. joyable, competitive, and exciting. Mr. well known and anticipated events. Davies developed and implemented tie- Their impact is felt when they hand f breakers, allowed players to wear out free hot cider at the New Haven color, changed the ball from green to tree lighting or deliver food donations yellow for the benefit of television AMERICAN STUDIO GLASS to the Connecticut Food Bank. Since MOVEMENT viewers, added time between points and its start, the club has raised more than games, and suggested the use of chairs $717,000 in charitable contributions. Mr. PORTMAN. Mr. President, today during breaks in play. Responding to a call to action by I wish to recognize the American Stu- Remarkably, Mr. Davies is respon- Helen Keller in 1925, one of the hall- dio Glass Movement. The movement is sible for the first public broadcasting mark services offered by Lions Clubs celebrating its 50th anniversary this of a tennis match, facilitating the air- around the world is assisting the often- year. The American Studio Glass ing of the 1972 WCT final match be- marginalized blind and visually im- Movement began in Toledo, OH, as a tween Rod Laver and Ken Rosewall on paired communities. In 1975, the One to small group of passionate artists and NBC. In addition, while at WCT, Mr. One Program was created in New has grown into an international move- Davies implemented the first, multi- Haven, where partnerships are formed ment of artists creating one-of-a-kind million world tour. These two big ideas between a blind and a seeing person. art glass. I would like to congratulate made the sport more accessible to all Together, these pairs attend events to- the American Studio Glass Movement Americans. As showcased by these ac- gether throughout the year. In addi- on 50 years of encouraging and sup- complishments and many others, Mr. tion, free eye screenings have been of- porting sculpture glass. Davies has been a tireless advocate for fered on the New Haven Green since In 1962, the American Studio Glass diversifying tennis and supporting all 1998, serving as a practical resource as Movement began with two glass- players, regardless of class or race, who well as symbolic gesture that the Lions blowing workshops at the Toledo Art had the potential to rise through the Club of New Haven is dedicated to in- Museum. These workshops were high- ranks. spiring the vision of New Haven resi- lighted by the inaugural implementa- dents, helping them to see better lives tion of the personal glass furnace. This Most recently, Mr. Davies has dedi- for themselves. invention made it possible for indi- cated his talents to the incredibly suc- The Lions of New Haven also offer vidual artists in personal studios to en- cessful New Haven Open tournament at valuable opportunities for children and gage in creative glass design. Yale University. He has brought big- young adults in New Haven, under- The American Studio Glass Move- time tournament tennis competition to standing their specific needs and then ment has introduced the beauty and the city of New Haven and helped to aiming to fill the void, whether pro- creativity of studio glass to millions of create an arena where athletes of all viding recreational fun, mentorship, or people. From June 13–16, the Glass Art ages can be inspired to be strong, fight the teaching of life skills. They have Society will hold its annual conference hard, and work to their full potential. partnered with local schools in New in Toledo, OH, allowing artists, collec- In their own backyards, they can expe- Haven throughout the years, most re- tors, and enthusiasts from across the rience the incredible energy of skilled cently with Nathan Hale School, to world to gather at the birthplace of players who are only a few games away sponsor Leo Clubs, which lead students glass art to celebrate 50 years of studio from the U.S. Open. to spend time volunteering and giving glass. Further, over 160 art museums, I congratulate Mr. Davies for this re- back to their communities. Last July, including nine Ohio art museums will markable honor and would like to rec- the Lions Club of New Haven offered hold exhibitions honoring the 50th an- ognize the International Tennis Hall of $2,500 in scholarship funds for grad- niversary of the American Studio Glass Fame and Museum for its outstanding uating Leos. Movement. work in preserving the legacies of these The New Haven Lions Club is also I would like to join with the move- cultural icons and motivating new gen- known for Camp Cedarcrest, 42 acres of ment’s thousands of supporters and as- erations of young athletes and entre- grounds in Orange, CT, enjoyed each sociated museums in congratulating preneurs to strive for greatness every summer by thousands of Connecticut the American Studio Glass Movement day. residents. Together, the New Haven on 50 years of success.

VerDate Mar 15 2010 06:53 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.041 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2081 ADDITIONAL STATEMENTS country. In addition to becoming a first contribution as a first grader. He journalist at 16 years old, Lee earned also served Tennesseans for 4 years the distinction of Eagle Scout and was under my good friend, then-Governor BEALE AIR FORCE BASE CHILD the winner of two Sons of the Amer- LAMAR ALEXANDER, on the Tennessee DEVELOPMENT CENTER ican Revolution Good Citizenship Industrial and Agricultural Develop- ∑ Mrs. BOXER. Mr. President, I ask my Awards. After high school, he enrolled ment Commission. colleagues to join me in celebrating in the University of Chattanooga and Lee Anderson’s many achievements the April 2, 2012, opening of the new volunteered for the Air Force aviation in life are too numerous to list here, Child Development Center, CDC, at cadet program, serving 21 months on but if you were to ask him, he would Beale Air Force Base in Yuba County, Active Duty in World War II before re- tell you after his wife, Betsy, of 62 CA. turning to school and to the paper. He years, two children and two grand- I am so pleased that this facility has maintained a busy schedule as a col- children, one of his greatest accom- at long last become a reality for the lege student, arriving at 6:00 a.m. to plishments has been teaching Sunday families stationed at Beale, and I was the paper each day before heading to school for over 40 years at First Pres- proud to have fought to secure the class until 9:30 p.m. Remarkably, he byterian Church in Chattanooga. funding required to build it. graduated in 3 years while still finding Mr. President, I have known Lee An- When I visited Beale in 2004, I saw time to be a leader on campus. He was derson for my entire adult life and firsthand the critical need for a new president of Sigma Chi fraternity, the have seen firsthand his love for our CDC on base. The old CDC built in 1967 Blue Key Honor Society, and the Inter- community and witnessed his contribu- was in dire need of replacement. The fraternity Council, and chairman of the tions to making it a great place for our aging facility was too small to accom- Honor Council Indoctrination Com- citizens to live and do business. Over modate eligible children and was found mittee, all while holding a full-time his long career, Lee’s views have al- to contain safety hazards including as- job. ways reflected his strongly held beliefs bestos and lead. The men and women At the Chattanooga News-Free Press, and deep devotion to the city and coun- serving our Nation at Beale deserve to Lee covered politics and the State leg- try he loves. It is an honor and a privi- know that their children are being islature before being named associate lege to serve in the Senate on behalf of cared for in a safe and nurturing envi- editor in 1948 and then editor in 1958. It Tennesseans like Lee Anderson. I con- ronment. The new CDC will provide was as an associate editor that Lee gratulate him for his remarkable dedi- this peace of mind. began to write the editorials that cation to the newspapers of record in The Silver-LEED-Certified 37,566- would become his signature. Over 40 Chattanooga and join with so many square-foot facility will increase the years later, when Walter Hussman others in thanking him for the lasting number of children served from 175 to bought and merged the News-Free impact he has made, which will extend 280, relieving the burden on many mili- Press with then-rival the Chattanooga for many years to come.∑ tary families who currently rely on Times, Lee was named associate pub- f childcare located 20 miles off base. It lisher and editor of the combined will have a total of 21 classrooms for paper. The Chattanooga Times Free FROZEN FOOD MONTH children ranging from infants to pre- Press remains the only U.S. newspaper ∑ Mrs. MURRAY. Mr. President, today school age and employ 70 staff mem- to offer two editorial perspectives, and, I wish to acknowledge Frozen Food bers. The new CDC is also centrally lo- at age 87, Lee continues to plan three Month and to recognize the frozen food cated and easily accessible from any- or four editorials for the Free Press industry’s significant efforts to ensure where on the installation. This new section of the editorial page each day. that families and schoolchildren across CDC will go a long way to ensure we His editorials have been reprinted in the United States have access to are meeting the needs of the families publications throughout the country, healthy, affordable foods such as fruits stationed at Beale. garnering him numerous awards, in- and vegetables. As cochair of the Senate Military cluding the Freedoms Foundation’s na- In our all too often hectic lives, fro- Family Caucus, I know that when a tional award for editorials in 1979. zen foods give Americans the flexi- servicemember wears a uniform, the In addition to his 70-year career in bility to quickly prepare meals that entire family serves. That is why we the newsroom, Lee Anderson’s con- are both nourishing and affordable. must do everything we can to lessen tributions to his community, State and School lunch planners also rely on their burden and provide for their country have been just as impressive frozen foods as they seek to serve needs. The new CDC at Beale symbol- and valuable. He is a retired major in healthy, child-friendly meals while izes America’s commitment to our in- the U.S. Army Reserve and has served stretching limited budgets. For in- credible military families and is one on a number of committees focused on stance, frozen fruits and vegetables are more way we can show our gratitude educating the public about the Civil readily available and offer outstanding for their service.∑ War. In 1957, he cofounded Confed- nutritional value to schoolchildren f erama, now known as the Battles for year-round. Chattanooga Museum, an educational Even during these tough economic TRIBUTE TO LEE ANDERSON tourist attraction re-creating local times, the frozen food industry con- ∑ Mr. CORKER. Mr. President, today I battles and highlighting Chattanooga’s tinues to provide much needed Amer- wish to honor an exceptional Ten- role during the Civil War. He has deliv- ican jobs, with almost 100,000 employ- nessean and fellow Chattanoogan for ered more than 2,000 speeches on a vari- ees working in nearly 700 facilities na- his outstanding career as a newsman ety of topics, including religion, his- tionwide. and his many contributions to our city tory, and politics, and authored two I would like to take this opportunity and country. books: ‘‘Valley of the Shadow: the Bat- to honor one of my home State’s own Lee Stratton Anderson was born in tles of Chickamauga and Chattanooga, frozen food companies, National Frozen Trenton, KY in 1925 to Mr. and Mrs. 1863’’ and ‘‘Israel: I looked over Jor- Food Corporation. Headquartered in Herbert L. Anderson. At the age of 5, dan.’’ Seattle, WA, National is currently he moved to Chattanooga, TN, where Lee has held leadership positions in celebrating its 100th year as a leader in he still resides today. In 1942, as a high numerous civic causes and organiza- the frozen foods industry. school junior, Lee was hired as a re- tions, including the Chattanooga National began its impressive history porter at the Chattanooga News-Free Downtown Rotary, the Chattanooga when a man named William McCaffray, Press, and on April 18th of this year, he Convention and Visitors Bureau, and Sr., started selling frozen strawberries will retire from that same newspaper 70 the local chapter of the American Red in 1912. With a $5,000 loan from a friend, years to the day his storied career Cross, to name a few. This past year, Mr. McCaffray built his small business began. Lee was named the public face of from the ground up, and in the 1930s ex- It was clear from an early age that United Way’s annual campaign after panded to selling frozen vegetables as Lee Anderson was an exceptional per- almost 80 years of continuous partici- well as fruit. From Mr. McCaffray’s son dedicated to serving others and his pation with the charity, making his humble beginnings, National has grown

VerDate Mar 15 2010 06:53 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.015 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2082 CONGRESSIONAL RECORD — SENATE March 27, 2012 to be one of our country’s premiere pri- plishments as a teacher, educator, and he turned down many prestigious job vate-label frozen vegetable producers advocate for children. We are proud offers and opportunities, choosing to and employs 670 people throughout the that the National Association of Social work long hours in the fields side by year. Today, National Frozen Foods is Workers has bestowed upon her its side with migrant workers. Cha´ vez committed to continued improvement Lifetime Achievement Award. And we gave a human face to agriculture. He through innovation within its own are also proud that the enormous im- taught many across the country that walls and at the industry level. pacts of Dr. Coyne’s life and work have the grapes, onions, tomatoes, or other I am proud to acknowledge the part benefitted, and are continuing to ben- foods they purchased at the grocery that National Frozen Foods Corpora- efit, the children of Nebraska, the store were part of a much larger story. tion has played in our economy in United States of America, and the Moreover, he believed that the world’s Washington State, as well as the posi- world.∑ real wealth lies in the act of helping tive impact that the frozen foods indus- f others. It is this belief that sustained try as a whole continues to have on the ´ him in the face of long odds. United States. In celebration of Frozen TRIBUTE TO CESAR ESTRADA In a speech inspired by the non- ´ Foods Month, I applaud the employees CHAVEZ violent messages of Dr. Martin Luther and management of National Frozen ∑ Mr. UDALL of Colorado. Mr. Presi- King, Jr., and Mahatma Gandhi, Ce´sar Foods Corporation, and of the entire dent, today I wish to recognize Ce´sar Cha´ vez said, ‘‘You cannot uneducate frozen food industry, for their hard Estrada Cha´ vez, a man whose leader- the person who has learned to read. work and contributions to our coun- ship and nonviolent crusade for justice You cannot humiliate the person who try.∑ changed millions of lives throughout feels pride. And you cannot oppress the f America. Ce´sar Cha´ vez helped give all people who are not afraid anymore.’’ Cha´ vez’s life and legacy has taught TRIBUTE TO DR. ANN COYNE of us a chance at a better future. On March 31, 2012, we will celebrate millions of people far more than just ∑ Mr. NELSON of Nebraska. Mr. Presi- Ce´sar Cha´ vez Day to commemorate his pride and bravery. He inspires all of us dent, today I wish to honor Dr. Ann life and his legacy. We will also pause to fight for a better future for the Coyne of Lincoln, NE, who has recently to remember that the actions of one world, for ourselves and for our neigh- been awarded the National Association person can empower an entire commu- bors. Ce´sar Cha´ vez is a role model for of Social Workers’ Lifetime Achieve- nity to fight for equal treatment and Coloradans and for all Americans. ment Award. civil rights. On March 31, Coloradans across the Dr. Coyne’s accomplishments are Ce´sar Estrada Cha´ vez was born on State will come together to give back many, and she is most deserving of this March 31, 1927, near Yuma, AZ, to a to their communities. I am proud to prestigious award. First and foremost, family of farm workers. When his fa- speak on behalf of them and on behalf she is a loving wife and mother. Dr. ther was unable to work, Cha´ vez joined of all Americans fighting to give their Coyne was married to her husband, the millions of people who worked in children and the people in their com- Dermot, for nearly 45 years before his the fields to provide for their families munities a better life, regardless of death in 2002; and they were blessed and was inspired to do something to their background or color of skin. To- with six children: P.J., Brian, Tom, help his community. Daily, he saw and gether, we honor those who are con- James, Cathy and Gerry. She has been felt the farm workers’ suffering. Work- tinuing Ce´sar Cha´ vez’s fight for justice a ‘‘mom’’ to many more by providing a ing conditions on the farms were ex- and celebrate the remarkable influence safe and loving home to many Ne- tremely dangerous and compensation of his vision.∑ braska foster children and by assisting was poor. Cha´ vez taught migrant farm many special needs children with inter- f workers across the West that the life national adoptions. MESSAGES FROM THE PRESIDENT In addition to being a mother, Dr. they deserved was very different from the one they had been living. He knew Messages from the President of the Coyne has maintained a strong com- United States were communicated to mitment to children throughout her the farm workers’ struggles intimately and used that knowledge as motivation the Senate by Mr. Pate, one of his sec- professional career. She is a consultant retaries. for the Nebraska Foster Care Review to help the entire community find the Board and was a board member for tools it needed to overcome those f Adoption Links Worldwide. She devel- struggles. Change initially took root in EXECUTIVE MESSAGES REFERRED California, swiftly spreading to the rest oped the dual degree between social As in executive session the Presiding work and public administration at the of the Western United States. Colo- rado’s heritage is richer because of his Officer laid before the Senate messages University of Nebraska-Omaha, UNO; from the President of the United was instrumental in renaming UNO’s influence and his legacy. Cha´ vez’s message reached Colorado’s States submitting sundry nominations School of Social work in honor of an- which were referred to the appropriate other prestigious social worker from Hispanic community during the days of the civil rights movement. Cha´ vez led committees. Nebraska, Grace Abbott; and continues (The nominations received today are advocacy efforts to empower people to teach both undergraduate and grad- printed at the end of the Senate pro- across Colorado, bringing about im- uate coursework to countless students ceedings.) in our State. proved living and working conditions f Perhaps the greatest of Dr. Coyne’s for Colorado’s farm workers. Addition- achievements is her work in Nicaragua. ally, his teachings inspired many Colo- MESSAGES FROM THE HOUSE She fosters an ongoing relationship be- radans to join him in teaching farm At 12:14 p.m., a message from the tween UNO’s Grace Abbott School of workers, students, and veterans the House, delivered by Mr. Novotny, one Social Work and the University of importance of equality, justice, and of its reading clerks, announced that Nicaragua at Leon, UNAN, which has empowerment. A Coloradan who be- the House has passed the following assisted 75 Nicaraguans in earning de- came one of these leaders was Rodolfo bills, in which it requests the concur- grees in social work. She worked with ‘‘Corky’’ Gonzales, who would become rence of the Senate: the Omaha Suburban Rotary Club to a voice for the voiceless and a master- H.R. 2682. An act to provide end user ex- found Las Chavalitos Maternal and ful poet and teacher in Colorado’s His- emptions from certain provisions of the Child Health Clinic in Managua. Addi- panic community. Commodity Exchange Act and the Securities tionally, Dr. Coyne partnered with a Ce´sar Cha´ vez’s and Rodolfo Gon- Exchange Act of 1934, and for other purposes. former student to develop the Associa- zalez’s selflessness, patience, and com- H.R. 2779. An act to exempt inter-affiliate tion de Maestras y Padres de Nin˜ os mitment mobilized Latinos and non- swaps from certain regulatory requirements Sordos, which now operates La Escuela Latinos in Colorado and across Amer- put in place by the Dodd-Frank Wall Street Reform and Consumer Protection Act. de Nin˜ os Sordos, a primary day school ica to fight for equality, justice, and H.R. 4014. An act to amend the Federal De- for deaf children. civil rights. Cha´ vez is especially re- posit Insurance Act with respect to informa- I, and all Nebraskans, have bene- markable because he truly embodied tion provided to the Bureau of Consumer Fi- fitted from Dr. Ann Coyne’s accom- his own teachings. Throughout his life, nancial Protection.

VerDate Mar 15 2010 06:53 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G27MR6.016 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2083 ENROLLED BILL SIGNED accompanying papers, reports, and doc- EC–5484. A communication from the Direc- At 2:18 p.m., a message from the uments, and were referred as indicated: tor of the Regulatory Management Division, Environmental Protection Agency, transmit- House of Representatives, delivered by EC–5475. A communication from the Chair- ting, pursuant to law, the report of a rule en- man and Chief Executive Officer, Farm Cred- Mr. Novotny, one of its reading clerks, titled ‘‘Approval and Promulgation of Imple- announced that the Speaker has signed it Administration, transmitting, pursuant to mentation Plans and Operating Permits Pro- the following enrolled bill: law, a report relative to the Administra- gram; Commonwealth of Puerto Rico; Ad- S. 2038. An act to prohibit Members of Con- tion’s 2012 compensation program adjust- ministrative Changes’’ (FRL No. 9645–8) re- gress and employees of Congress from using ments; to the Committee on Agriculture, Nu- ceived in the Office of the President of the nonpublic information derived from their of- trition, and Forestry. Senate on March 22, 2012; to the Committee EC–5476. A communication from the Chief ficial positions for personal benefits, and for on Environment and Public Works. Information Officer, Agricultural Research other purposes. EC–5485. A communication from the Direc- Service, Department of Agriculture, trans- tor of the Regulatory Management Division, The enrolled bill was subsequently mitting, pursuant to law, the report of a rule Environmental Protection Agency, transmit- signed by the President pro tempore entitled ‘‘Modifications of Interlibrary Loan ting, pursuant to law, the report of a rule en- (Mr. INOUYE). Fee Schedule’’ (RIN0518–AA04) received in titled ‘‘Approval and Promulgation of Air the Office of the President of the Senate on Quality Implementation Plans; Illinois; At 3:53 p.m., a message from the March 20, 2012; to the Committee on Agri- Volatile Organic Compound Emission Con- House of Representatives, delivered by culture, Nutrition, and Forestry. trol Measures for Chicago and Metro-East Mrs. Cole, one of its reading clerks, an- EC–5477. A communication from the Direc- St. Louis Ozone Nonattainment Areas’’ (FRL nounced that the House agrees to the tor of the Regulatory Review Group, Farm No. 9633–4) received in the Office of the Presi- amendment of the Senate to the bill Service Agency, Department of Agriculture, dent of the Senate on March 22, 2012; to the transmitting, pursuant to law, the report of Committee on Environment and Public (H.R. 3606) to increase American job a rule entitled ‘‘Conservation Loan Pro- Works. creation and economic growth by im- gram’’ (RIN0560–AI04) received in the Office EC–5486. A communication from the Direc- proving access to the public capital of the President of the Senate on March 21, tor of the Regulatory Management Division, markets for emerging growth compa- 2012; to the Committee on Agriculture, Nu- Environmental Protection Agency, transmit- nies. trition, and Forestry. ting, pursuant to law, the report of a rule en- The message also announced that the EC–5478. A communication from the Acting titled ‘‘Approval and Promulgation of Air Under Secretary of Defense (Personnel and Quality Implementation Plans; State of Ne- Clerk be directed to request the Senate vada; Regional Haze State Implementation to return to the House of Representa- Readiness), transmitting a report on the ap- proved retirement of Lieutenant General Plan’’ (FRL No. 9612–7) received in the Office tives the bill (H.R. 5) to improve pa- John C. Koziol, United States Air Force, and of the President of the Senate on March 22, tient access to health care services and his advancement to the grade of lieutenant 2012; to the Committee on Environment and provide improved medical care by re- general on the retired list; to the Committee Public Works. EC–5487. A communication from the Direc- ducing the excessive burden the liabil- on Armed Services. tor of the Regulatory Management Division, EC–5479. A communication from the Acting ity system places on the health care Environmental Protection Agency, transmit- Under Secretary of Defense (Personnel and delivery system. ting, pursuant to law, the report of a rule en- Readiness), transmitting a report on the ap- ENROLLED BILL SIGNED titled ‘‘Approval and Promulgation of Air proved retirement of Lieutenant General Quality Implementation Plans; West Vir- At 5:25 p.m., a message from the Frank G. Helmick, United States Army, and House of Representatives, delivered by ginia; Regional Haze State Implementation his advancement to the grade of lieutenant Plan’’ (FRL No. 9651–7) received in the Office Mr. Novotny, one of its reading clerks, general on the retired list; to the Committee of the President of the Senate on March 22, announced that the Speaker has signed on Armed Services. 2012; to the Committee on Environment and the following enrolled bill: EC–5480. A communication from the Acting Public Works. H.R. 3606. An act to increase American job Assistant Secretary of Defense (Reserve Af- EC–5488. A communication from the Direc- creation and economic growth by improving fairs), transmitting, pursuant to law, a re- tor of the Regulatory Management Division, access to the public capital markets for port relative to a proposed change by the Air Environmental Protection Agency, transmit- emerging growth companies. Force Reserve to the Fiscal Year 2010 Na- ting, pursuant to law, the report of a rule en- tional Guard and Reserve Equipment Appro- titled ‘‘Approval and Promulgation of Air The enrolled bill was subsequently priation (NGREA) procurement; to the Com- Quality Implementation Plans; Delaware, signed by the President pro tempore mittee on Armed Services. Maryland, New Jersey, and Pennsylvania; (Mr. INOUYE). EC–5481. A communication from the Public Determinations of Attainment of the 1997 8- f Information Manager, Office of Privacy, Hour Ozone Standard for the Philadelphia- Records, and Disclosure, Special Inspector Wilmington-Atlantic City Moderate Non- MEASURES PLACED ON THE General for Afghanistan Reconstruction, attainment Area’’ (FRL No. 9652–6) received CALENDAR transmitting, pursuant to law, the report of in the Office of the President of the Senate The following bill was read the sec- a rule entitled ‘‘Freedom of Information Act on March 22, 2012; to the Committee on Envi- and Privacy Act Procedures’’ (RIN3460–AA00) ronment and Public Works. ond time, and placed on the calendar: received during adjournment of the Senate EC–5489. A communication from the Direc- S. 2237. A bill to provide a temporary in- in the Office of the President of the Senate tor of the Regulatory Management Division, come tax credit for increased payroll and ex- on March 16, 2012; to the Committee on Environmental Protection Agency, transmit- tend bonus depreciation for an additional Armed Services. ting, pursuant to law, the report of a rule en- year, and for other purposes. EC–5482. A communication from the Public titled ‘‘Emergency Planning and Notifica- f Information Manager, Office of Privacy, tion; Emergency Planning and List of Ex- Records, and Disclosure, Special Inspector tremely Hazardous Substances and Thresh- MEASURES READ THE FIRST TIME General for Afghanistan Reconstruction, old Planning Quantities’’ (FRL No. 9651–1) The following bills were read the first transmitting, pursuant to law, the report of received in the Office of the President of the Senate on March 22, 2012; to the Committee time: a rule entitled ‘‘Requests for Testimony or the Production of Records in a Court or on Environment and Public Works. H.R. 2682. An act to provide end user ex- EC–5490. A communication from the Cor- Other Proceedings in Which the United emptions from certain provisions of the respondence and Regulations Assistant, Cen- States is not a Party’’ (RIN3460–AA00) re- Commodity Exchange Act and the Securities ters for Medicare and Medicaid Services, De- ceived during adjournment of the Senate in Exchange Act of 1934, and for other purposes. partment of Health and Human Services, the Office of the President of the Senate on H.R. 2779. An act to exempt inter-affiliate transmitting, pursuant to law, the report of March 16, 2012; to the Committee on Armed swaps from certain regulatory requirements a rule entitled ‘‘Medicaid Program; Eligi- Services. put in place by the Dodd-Frank Wall Street bility Changes under the Affordable Care Act EC–5483. A communication from the Direc- Reform and Consumer Protection Act. of 2010’’ (RIN0938–AQ62) received in the Office H.R. 4014. An act to amend the Federal De- tor of the Regulatory Management Division, of the President of the Senate on March 20, posit Insurance Act with respect to informa- Environmental Protection Agency, transmit- 2012; to the Committee on Finance. tion provided to the Bureau of Consumer Fi- ting, pursuant to law, the report of a rule en- EC–5491. A communication from the Cor- nancial Protection. titled ‘‘Approval and Promulgation of Imple- respondence and Regulations Assistant, Cen- mentation Plans; California Air Resources ters for Medicare and Medicaid Services, De- f Board—In-Use Heavy-Duty Diesel-Fueled partment of Health and Human Services, EXECUTIVE AND OTHER Truck and Bus Regulation, and Drayage transmitting, pursuant to law, the report of COMMUNICATIONS Truck Regulation’’ (FRL No. 9633–3) received a rule entitled ‘‘Student Health Insurance in the Office of the President of the Senate Coverage’’ (RIN0938–AQ95) received in the Of- The following communications were on March 22, 2012; to the Committee on Envi- fice of the President of the Senate on March laid before the Senate, together with ronment and Public Works. 20, 2012; to the Committee on Finance.

VerDate Mar 15 2010 05:47 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.014 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2084 CONGRESSIONAL RECORD — SENATE March 27, 2012 EC–5492. A communication from the Chief me of the pertinent contributions made by me of the pertinent contributions made by of the Publications and Regulations Branch, them. To the best of my knowledge, the in- them. To the best of my knowledge, the in- Internal Revenue Service, Department of the formation contained in this report is com- formation contained in this report is com- Treasury, transmitting, pursuant to law, the plete and accurate.) plete and accurate.) report of a rule entitled ‘‘Applicable Federal Contributions, amount, date, and donee: Contributions, amount, date, and donee: Rates—Correction to Rev. Rul. 2012–9’’ (Rev. 1. Self: $0. 1. Self: $1750, 2008, Obama. 2. Spouse: Gerard Winstanley, $200, 2008, Rul. 2012–12) received in the Office of the 2. Spouse: N/A. Obama Presidential campaign. President of the Senate on March 21, 2012; to 3. Children and Spouses: N/A. the Committee on Finance. 3. Daughter: Kara Winstanley, none. 4. Parents: N/A. EC–5493. A communication from the Chief 4. Son: Adam Winstanley, none. of the Publications and Regulations Branch, 5. Parents: both deceased. 5. Grandparents: N/A. 6. Grandparents: both deceased. Internal Revenue Service, Department of the 6. Brothers and Spouses: N/A. 7. Brother: Craig Stevens, None. 7. Sisters and Spouses: None. Treasury, transmitting, pursuant to law, the 8. Brother: John Brent, None. report of a rule entitled ‘‘Applicable Federal 9. Sister: Lynne Hicks, none. Rates—April 2012’’ (Rev. Rul. 2012–11) re- 10. Brother in law: Larry Hicks, None. *Pamela A. White, of Maine, a Career ceived in the Office of the President of the Member of the Senior Foreign Service, Class Senate on March 20, 2012; to the Committee *Julissa Reynoso, of New York, to be Am- of Career Minister, to be Ambassador Ex- on Finance. bassador Extraordinary and Plenipotentiary traordinary and Plenipotentiary of the EC–5494. A communication from the Chair- of the United States of America to the Ori- United States of America to the Republic of man, Medicare Payment Advisory Commis- ental Republic of Uruguay. Haiti. sion, transmitting, pursuant to law, a report Nominee: Julissa Reynoso. Nominee: Pamela A. White. entitled ‘‘Report to the Congress: Medicare Post: Montevideo, Uruguay. Post: Haiti. Payment Policy’’; to the Committee on Fi- (The following is a list of all members of my immediate family and their spouses. I (The following is a list of all members of nance. my immediate family and their spouses. I EC–5495. A communication from the Assist- have asked each of these persons to inform have asked each of these persons to inform ant Legal Adviser for Treaty Affairs, Depart- me of the pertinent contributions made by me of the pertinent contributions made by ment of State, transmitting, pursuant to the them. To the best of my knowledge, the in- them. To the best of my knowledge, the in- Case-Zablocki Act, 1 U.S.C. 112b, as amended, formation contained in this report is com- formation contained in this report is com- the report of the texts and background state- plete and accurate.) plete and accurate.) ments of international agreements, other Contributions, amount, date, and donee: Contributions, amount, date, and donee: than treaties (List 2012–0028—2012–0034); to 1. Julissa Reynoso: $500, 12/5/2008, PODER the Committee on Foreign Relations. Political Action Committee; $300, 9/26/2008, 1. Self: $150.00, Oct. 2011, Obama; $200.00, EC–5496. A communication from the Cor- Perriello for Congress; $2,300, 8/28/2008, May 2010, Obama; $400.00, Jan & Jun 2008, respondence and Regulations Assistant, Cen- Friends of Hillary; $1,000, 8/25/2008, Obama Obama. ters for Medicare and Medicaid Services, De- Victory Fund; $1,000 8/31/2008, Obama for 2. Spouse: Steve Cowper, None. partment of Health and Human Services, America.; (via Obama Victory Fund); $250, 8/ 3. Children and Spouses: Kristopher White, transmitting, pursuant to law, the report of 22/2008, Friends of Tracy Brooks; $250, 8/22/ None; Patrick White, None. a rule entitled ‘‘Patient Protection and Af- 2008, Act Blue; $400, 6/30/2007, Hillary for 4. Parents: Muriel and Richard Murphy, fordable Care Act; Standards Related to Re- President (general); $2,300, 1/26/2007, Hillary None. insurance, Risk Corridors and Risk Adjust- Clinton for President (primary); $1,900, 1/26/ 5. Grandparents: Deceased ment’’ (RIN0938–AR07) received in the Office 2007, Hillary Clinton for President (general). 6. Brothers and Spouses: 2. Spouse: n/a. of the President of the Senate on March 20, 7. Sisters and Spouses: Sandra Nadeau, 2012; to the Committee on Health, Education, 3. Children and Spouses: n/a. 4. Parents: Rosario Pantaleon: none; Julio None. Labor, and Pensions. EC–5497. A communication from the Dis- Reynoso: none. 5. Grandparents: Juan Pantaleon: none; trict of Columbia Auditor, transmitting, pur- *John Christopher Stevens, of California, a Bienvenida Pantaleon: deceased; Nay suant to law, a report entitled, ‘‘District of Career Member of the Senior Foreign Serv- Reynoso: deceased; Maricusa Vargas: none. ice, Class of Counselor, to be Ambassador Ex- Columbia Agencies’ Compliance with Small 6. Brothers and Spouses: Julio Cesar Business Enterprise Expenditure Goals for traordinary and Plenipotentiary of the Reynoso: (single), none. United States of America to Libya. the 1st, 2nd, and 3rd Quarters of Fiscal Year 7. Sisters and Spouses: Jessica Adelina 2011’’; to the Committee on Homeland Secu- Nominee: John C. Stevens. Reynoso: (single) none; Osmaris Valerio: Post: Tripoli. rity and Governmental Affairs. (single) none. EC–5498. A communication from the Acting (The following is a list of all members of Staff Director, United States Commission on *William E. Todd, of Virginia, a Career my immediate family and their spouses. I Civil Rights, transmitting, pursuant to law, Member of the Senior Executive Service, to have asked each of these persons to inform the report of the appointment of members to be Ambassador Extraordinary and Pleni- me of the pertinent contributions made by the District of Columbia Advisory Com- potentiary of the United States of America them. To the best of my knowledge, the in- mittee; to the Committee on the Judiciary. to the Kingdom of Cambodia. formation contained in this report is com- EC–5499. A communication from the Acting Nominee: William E. Todd. plete and accurate.) Staff Director, United States Commission on Post: Cambodia. Contributions, amount, date, and donee: Civil Rights, transmitting, pursuant to law, (The following is a list of all members of 1. Self: None. the report of the appointment of members to my immediate family and their spouses. I 2. Spouse: N/A. the Nevada Advisory Committee; to the have asked each of these persons to inform 3. Children and Spouses: N/A. Committee on the Judiciary. me of the pertinent contributions made by 4. Parents: Jan Stevens, $150, 2008, Obama EC–5500. A communication from the Direc- them. To the best of my knowledge, the in- Cmpgn. Carole Cory Stevens, None; Mary tor, Administrative Office of the United formation contained in this report is com- Commanday, None; Robert Commanday, States Courts, transmitting, pursuant to plete and accurate.) None. law, a report entitled ‘‘Report of the Pro- Contributions, amount, date, and donee: 5. Grandparents: N/A. ceedings of the Judicial Conference of the 1. Self: William Todd, none. United States’’ for the September 2011 ses- 2. Spouse: Patricia Buckingham, none. 6. Brothers and Spouses: Thomas Stevens, sion; to the Committee on the Judiciary. 3. Children and Spouses: William Todd II, None; Dana Lung, None. 7. Sisters and Spouses: Anne Stevens, $800, f none; Christopher Todd, none; John Todd, none; Caitlyn Todd, none. 2008, Emily’s List. Peter Sullivan, None; EXECUTIVE REPORTS OF 4. Parents: John and Marie Todd, none. Hilary Stevens, None. COMMITTEE 5. Grandparents: Deceased. 6. Brothers and Spouses: John Todd, $1000, * Tracey Ann Jacobson, of the District of The following executive reports of 2004, Republican Party; $2000, 2000, George nominations were submitted: Columbia, a Career Member of the Senior Allen; Doug Todd, none. Foreign Service, Class of Minister-Counselor, By Mr. KERRY for the Committee on For- 7. Sisters and Spouses: Jean Todd, none. to be Ambassador Extraordinary and Pleni- eign Relations. potentiary of the United States of America *Gina K. Abercrombie-Winstanley, of Ohio, *Jacob Walles, of Delaware, a Career Mem- to the Republic of Kosovo. a Career Member of the Senior Foreign Serv- ber of the Senior Foreign Service, Class of ice, Class of Minister-Counselor, to be Am- Minister-Counselor, to be Ambassador Ex- Nominee: Tracey Ann Jacobson. bassador Extraordinary and Plenipotentiary traordinary and Plenipotentiary of the Post: Republic of Kosovo. of the United States of America to the Re- United States of America to the Tunisian (The following is a list of all members of public of Malta. Republic. my immediate family and their spouses. I Nominee: Gina Abercrombie-Winstanley. Nominee: Jacob Walles. have asked each of these persons to inform Post: Malta. Post: Tunis. me of the pertinent contributions made by (The following is a list of all members of (The following is a list of all members of them. To the best of my knowledge, the in- my immediate family and their spouses. I my immediate family and their spouses. I formation contained in this report is com- have asked each of these persons to inform have asked each of these persons to inform plete and accurate.)

VerDate Mar 15 2010 06:53 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.016 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2085 Contributions, amount, date, and donee: 5. Grandparents: E. Norman Norland—de- *Nomination was reported with rec- 1. Self: None. ceased; Aletta Norland—deceased; August ommendation that it be confirmed sub- 2. Spouse: N/A. Bamman—deceased; Emily Bamman—de- ject to the nominee’s commitment to 3. Children and Spouses: N/A. ceased. 4. Parents: None. 6. Brothers and Spouses: David Norland respond to requests to appear and tes- 5. Grandparents: None. tify before any duly constituted com- 6. Brothers and Spouses: None. (brother): $1,000, 04/01/11, Pawlenty for Presi- 7. Sisters and Spouses: None. dent Exploratory Committee; $500, 10/29/10, mittee of the Senate. Republican National Committee; $250, 01/13/ (Nominations without an asterisk *Kenneth Merten, of Virginia, a Career 10, Scott Brown for U.S. Senate; $250, 10/13/09, were reported with the recommenda- Member of the Senior Foreign Service, Class McDonnell for Govenor; $2,300, 09/09/08, tion that they be confirmed.) of Minister-Counselor, to be Ambassador Ex- McCain Victory 2008, $1,300, 01/07/08, Romney traordinary and Plenipotentiary of the for President, Inc.; $1,000, 06/14/07, Romney f United States of America to the Republic of for President, Inc; Susan Norland (spouse): Croatia. None. INTRODUCTION OF BILLS AND Nominee: Kenneth H. Merteno. 7. Sisters and Spouses: Patricia D. JOINT RESOLUTIONS Post: Croatia. Norland: None. (The following is a list of all members of The following bills and joint resolu- my immediate family and their spouses. I *Jeffrey D. Levine, of California, a Career tions were introduced, read the first have asked each of these persons to inform Member of the Senior Foreign Service, Class and second times by unanimous con- me of the pertinent contributions made by of Minister-Counselor, to be Ambassador Ex- sent, and referred as indicated: them. To the best of my knowledge, the in- traordinary and Plenipotentiary of the formation contained in this report is com- United States of America to the Republic of By Mr. PRYOR: plete and accurate.) Estonia. S. 2238. A bill to amend the Commodity Ex- Contributions, amount, date, and donee: Nominee: Jeffrey D. Levine. change Act to require a regulation to limit 1. Self: None. Post: Ambassador. the aggregate positions of nontraditional 2. Spouse: None. (The following is a list of all members of bona fide hedgers in petroleum and related 3. Children and Spouses: Caryl Merten & my immediate family and their spouses. I products; to the Committee on Agriculture, Elisabeth Merten: None. have asked each of these persons to inform Nutrition, and Forestry. 4. Parents: Edryne Merten: None. me of the pertinent contributions made by By Mr. NELSON of Florida (for him- 5. Grandparents: N/A: None. them. To the best of my knowledge, the in- self, Ms. SNOWE, Mr. BLUMENTHAL, 6. Brothers and Spouses: N/A: None. 7. Sisters and Spouses: N/A: None. formation contained in this report is com- and Ms. KLOBUCHAR): plete and accurate.) S. 2239. A bill to direct the head of each *Mark A. Pekala, of Maryland, a Career Contributions, amount, date, donee: agency to treat relevant military training as 1. Self: $200, 2008, Obama for President Member of the Senior Foreign Service, Class sufficient to satisfy training or certification Campaign. requirements for Federal licenses; to the of Minister-Counselor, to be Ambassador Ex- 2. Spouse: Janie L. Keeler (joint contribu- traordinary and Plenipotentiary of the Committee on Homeland Security and Gov- tion with myself as listed above*). ernmental Affairs. United States of America to the Republic of 3. Children and Spouses: Nikolai David Le- By Ms. STABENOW (for herself, Mr. Latvia. vine (minor child—None). Nominee: Mark A. Pekala. 4. Parents: Evelyn Bender: None. BLUNT, Mr. BROWN of Ohio, and Mr. Post: U.S. Ambassador to Latvia. 5. Grandparents: deceased. ROBERTS): (The following is a list of all members of 6. Brothers and Spouses: Glenn Levine, S. 2240. A bill to amend the Internal Rev- my immediate family and their spouses. I None. enue Code of 1986 to extend the allowance for have asked each of these persons to inform 7. Sisters and Spouses: None. bonus depreciation for certain business as- me of the pertinent contributions made by sets; to the Committee on Finance. them. To the best of my knowledge, the in- *Sara Margalit Aviel, of California, to be By Mrs. MURRAY (for herself, Mr. formation contained in this report is com- United States Alternate Executive Director AKAKA, Mr. BEGICH, Mr. BROWN of plete and accurate.) of the International Bank for Reconstruction Ohio, Mr. ROCKEFELLER, Mr. COONS, Contributions, amount, date, and donee: and Development for a term of two years. Mr. HARKIN, Mr. INOUYE, Mr. LEAHY, 1. Self: None. *Frederick D. Barton, of Maine, to be an and Mr. WHITEHOUSE): 2. Spouse: Maria R. Pekala: None. Assistant Secretary of State (Conflict and S. 2241. A bill to ensure that veterans have 3. Children and Spouses: Julia C. Pekala: Stabilization Operations). the information and protections they require None; Nora M. Pekala: None. *Frederick D. Barton, of Maine, to be Coor- 4. Parents: Anne J. Pekala—deceased, to make informed decisions regarding use of dinator for Reconstruction and Stabiliza- Post-9/11 Educational Assistance, and for Henry S. Pekala—deceased. tion. 5. Grandparents: John (Jan) Pekala—de- other purposes; to the Committee on Vet- *Linda Thomas-Greenfield, of Louisiana, a erans’ Affairs. ceased; Mary (Maria) Pekala—deceased; Mi- Career Member of the Senior Foreign Serv- chael Virbicki—deceased; Aleksandra ice, Class of Minister-Counselor, to be Direc- f Virbicki—deceased. tor General of the Foreign Service. 6. Brothers and Spouses: Michael A. *Carlos Pascual, of the District of Colum- SUBMISSION OF CONCURRENT AND Pekala: None; Lori Pekala (spouse): None. bia, to be an Assistant Secretary of State 7. Sisters and Spouses: Karen Pekala: (Energy Resources). SENATE RESOLUTIONS $500.00, 9/18/2008, Barack Obama via ‘‘Obama The following concurrent resolutions for America’’; Judeth Hawkins: None; David Mr. KERRY. Mr. President, for the Hawkins (spouse): None; Lisbeth O’Malley: Committee on Foreign Relations I re- and Senate resolutions were read, and None. port favorably the following nomina- referred (or acted upon), as indicated: tion lists which were printed in the By Ms. STABENOW (for herself and *Richard B. Norland, of Iowa, a Career RECORDs on the dates indicated, and Mr. ROBERTS): Member of the Senior Foreign Service, Class ask unanimous consent, to save the ex- S. Res. 407. A resolution expressing the of Minister-Counselor, to be Ambassador Ex- pense of reprinting on the Executive sense of the Senate that executives of the traordinary and Plenipotentiary of the bankrupt firm MF Global should not be re- United States of America to Georgia. Calendar that these nominations lie at warded with bonuses while customer money Nominee: Richard B. Norland. the Secretary’s desk for the informa- is still missing; considered and agreed to. Post: Ambassador to Georgia. tion of Senators. (The following is a list of all members of The PRESIDING OFFICER. Without f my immediate family and their spouses. I objection, it is so ordered. have asked each of these persons to inform ADDITIONAL COSPONSORS me of the pertinent contributions made by Foreign Service nominations beginning them. To the best of my knowledge, the in- with Olga Ford and ending with Margaret S. 339 formation contained in this report is com- Shu Teasdale, which nominations were re- At the request of Mr. BAUCUS, the plete and accurate.) ceived by the Senate and appeared in the name of the Senator from Nebraska Congressional Record on February 2, 2012. Contributions, amount, date, and donee: (Mr. NELSON) was added as a cosponsor 1. Self: None. Foreign Service nominations beginning 2. Spouse: Mary E. Hartnett, $250, 9/9/2008, with Terry L. Murphree and ending with An- of S. 339, a bill to amend the Internal Obama for America; $500, 10/28/2008, Obama drew J. Wylie, which nominations were re- Revenue Code of 1986 to make perma- for America. ceived by the Senate and appeared in the nent the special rule for contributions 3. Children and Spouses: Daniel Norland Congressional Record on February 2, 2012. of qualified conservation contribu- (son) and Jennifer Barkley (spouse): $200, Foreign Service nominations beginning tions. 2008, Obama for America; Kathleen Norland with Morgan D. Haas and ending with Ste- (daughter): None. phen L. Wixom, which nominations were re- S. 418 4. Parents: Donald R. Norland—deceased; ceived by the Senate and appeared in the At the request of Mr. HARKIN, the Patricia B. Norland: None. Congressional Record on February 29, 2012. names of the Senator from Missouri

VerDate Mar 15 2010 06:53 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.037 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2086 CONGRESSIONAL RECORD — SENATE March 27, 2012 (Mrs. MCCASKILL) and the Senator from S. 1755 ognition of military working dogs, and Vermont (Mr. LEAHY) were added as co- At the request of Mr. TESTER, the for other purposes. sponsors of S. 418, a bill to award a name of the Senator from Connecticut S. 2139 Congressional Gold Medal to the World (Mr. BLUMENTHAL) was added as a co- At the request of Mrs. MCCASKILL, War II members of the Civil Air Patrol. sponsor of S. 1755, a bill to amend title the name of the Senator from Montana S. 798 38, United States Code, to provide for (Mr. TESTER) was added as a cosponsor At the request of Mr. TESTER, the coverage under the beneficiary travel of S. 2139, a bill to enhance security, name of the Senator from Ohio (Mr. program of the Department of Veterans increase accountability, and improve PORTMAN) was added as a cosponsor of Affairs of certain disabled veterans for the contracting of the Federal Govern- S. 798, a bill to provide an amnesty pe- travel for certain special disabilities ment for overseas contingency oper- riod during which veterans and their rehabilitation, and for other purposes. ations, and for other purposes. family members can register certain S. 1774 S. 2140 firearms in the National Firearms Reg- At the request of Mr. BAUCUS, the At the request of Mr. BROWN of Ohio, istration and Transfer Record, and for name of the Senator from Montana the name of the Senator from Pennsyl- other purposes. (Mr. TESTER) was added as a cosponsor vania (Mr. CASEY) was added as a co- S. 1299 of S. 1774, a bill to establish the Rocky sponsor of S. 2140, a bill to amend the At the request of Mr. MORAN, the Mountain Front Conservation Manage- Public Works and Economic Develop- name of the Senator from Nevada (Mr. ment Area, to designate certain Fed- ment Act of 1965 to modify the period HELLER) was added as a cosponsor of S. eral land as wilderness, and to improve used to calculate certain unemploy- 1299, a bill to require the Secretary of the management of noxious weeds in ment rates, to encourage the develop- the Treasury to mint coins in com- the Lewis and Clark National Forest, ment of business incubators, and for memoration of the centennial of the and for other purposes. other purposes. establishment of Lions Clubs Inter- S. 1945 S. 2148 national. At the request of Mr. DURBIN, the At the request of Mr. INHOFE, the S. 1301 name of the Senator from Ohio (Mr. name of the Senator from North Caro- At the request of Mr. LEAHY, the BROWN) was added as a cosponsor of S. lina (Mr. BURR) was added as a cospon- name of the Senator from Arkansas 1945, a bill to permit the televising of sor of S. 2148, a bill to amend the Toxic (Mr. PRYOR) was added as a cosponsor Supreme Court proceedings. Substance Control Act relating to lead- of S. 1301, a bill to authorize appropria- S. 2051 based paint renovation and remodeling tions for fiscal years 2012 through 2015 At the request of Mr. REED, the name activities. for the Trafficking Victims Protection of the Senator from Illinois (Mr. DUR- S. 2159 Act of 2000, to enhance measures to BIN) was added as a cosponsor of S. 2051, At the request of Mr. LEAHY, the combat trafficking in persons, and for a bill to amend the Higher Education name of the Senator from Minnesota other purposes. Act of 1965 to extend the reduced inter- (Ms. KLOBUCHAR) was added as a co- S. 1316 est rate for Federal Direct Stafford sponsor of S. 2159, a bill to extend the At the request of Mr. ENZI, the name Loans. authorization of the Drug-Free Com- of the Senator from Georgia (Mr. ISAK- S. 2112 munities Support Program through fis- SON) was added as a cosponsor of S. cal year 2017. 1316, a bill to prevent a fiscal crisis by At the request of Mr. BEGICH, the S. 2165 enacting legislation to balance the name of the Senator from Vermont Federal budget through reductions of (Mr. SANDERS) was added as a cospon- At the request of Mrs. BOXER, the discretionary and mandatory spending. sor of S. 2112, a bill to amend title 10, name of the Senator from Florida (Mr. United States Code, to authorize space- RUBIO) was added as a cosponsor of S. S. 1421 available travel on military aircraft 2165, a bill to enhance strategic co- At the request of Mr. PORTMAN, the for members of the reserve compo- operation between the United States name of the Senator from Minnesota nents, a member or former member of and Israel, and for other purposes. (Ms. KLOBUCHAR) was added as a co- a reserve component who is eligible for sponsor of S. 1421, a bill to authorize S. 2204 retired pay but for age, widows and the Peace Corps Commemorative Foun- At the request of Mr. MENENDEZ, the widowers of retired members, and de- dation to establish a commemorative name of the Senator from Rhode Island pendents. work in the District of Columbia and (Mr. WHITEHOUSE) was added as a co- its environs, and for other purposes. S. 2113 sponsor of S. 2204, a bill to eliminate S. 1591 At the request of Mrs. HAGAN, the unnecessary tax subsidies and promote renewable energy and energy conserva- At the request of Mrs. GILLIBRAND, name of the Senator from Maryland the name of the Senator from New Jer- (Ms. MIKULSKI) was added as a cospon- tion. sey (Mr. MENENDEZ) was added as a co- sor of S. 2113, a bill to empower the S. 2205 sponsor of S. 1591, a bill to award a Food and Drug Administration to en- At the request of Mr. MORAN, the Congressional Gold Medal to Raoul sure a clear and effective pathway that name of the Senator from Arkansas Wallenberg, in recognition of his will encourage innovative products to (Mr. BOOZMAN) was added as a cospon- achievements and heroic actions dur- benefit patients and improve public sor of S. 2205, a bill to prohibit funding ing the Holocaust. health. to negotiate a United Nations Arms S. 1629 S. 2120 Trade Treaty that restricts the Second At the request of Mrs. GILLIBRAND, At the request of Ms. MURKOWSKI, the Amendment rights of United States the name of the Senator from Vermont name of the Senator from New Jersey citizens. (Mr. SANDERS) was added as a cospon- (Mr. MENENDEZ) was added as a cospon- S. 2213 sor of S. 1629, a bill to amend title 38, sor of S. 2120, a bill to require the lend- At the request of Mr. THUNE, the United States Code, to clarify presump- er or servicer of a home mortgage upon name of the Senator from North Da- tions relating to the exposure of cer- a request by the homeowner for a short kota (Mr. HOEVEN) was added as a co- tain veterans who served in the vicin- sale, to make a prompt decision wheth- sponsor of S. 2213, a bill to allow reci- ity of the Republic of Vietnam, and for er to allow the sale. procity for the carrying of certain con- other purposes. S. 2134 cealed firearms. S. 1696 At the request of Mr. BLUMENTHAL, S. 2221 At the request of Mr. LEAHY, the the name of the Senator from Wash- At the request of Mr. THUNE, the name of the Senator from Minnesota ington (Mrs. MURRAY) was added as a name of the Senator from New Hamp- (Ms. KLOBUCHAR) was added as a co- cosponsor of S. 2134, a bill to amend shire (Mrs. SHAHEEN) was added as a co- sponsor of S. 1696, a bill to improve the title 10, United States Code, to provide sponsor of S. 2221, a bill to prohibit the Public Safety Officers’ Benefits Pro- for certain requirements relating to Secretary of Labor from finalizing a gram. the retirement, adoption, care, and rec- proposed rule under the Fair Labor

VerDate Mar 15 2010 06:05 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.018 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2087 Standards Act of 1938 relating to child sense of the Senate in support of the the opportunity we must provide those labor. North Atlantic Treaty Organization returning from today’s wars. S. 2222 and the NATO summit to be held in America’s investment in its newest At the request of Mr. SANDERS, the Chicago, Illinois from May 20 through generation of veterans is tremendous. names of the Senator from Montana 21, 2012. In 2012, over 590,000 servicemembers, veterans, and other beneficiaries are (Mr. TESTER), the Senator from Penn- S. RES. 397 expected to enroll in educational insti- sylvania (Mr. CASEY), the Senator from At the request of Mr. COONS, the tutions using the Post-9/11 GI Bill. VA Alaska (Mr. BEGICH) and the Senator name of the Senator from New Jersey is expected to spend over $9 billion dol- from Michigan (Mr. LEVIN) were added (Mr. MENENDEZ) was added as a cospon- lars in 2012 on Post-9/11 GI Bill pay- as cosponsors of S. 2222, a bill to re- sor of S. Res. 397, a resolution pro- ments and over $2 billion for the nearly quire the Commodity Futures Trading moting peace and stability in Sudan, 400,000 beneficiaries of the VA’s other Commission to take certain actions to and for other purposes. education programs. Despite this level reduce excessive speculation in energy S. RES. 402 of support, those returning from to- markets. At the request of Mr. COONS, the day’s wars are unable to use VA edu- S. 2226 names of the Senator from South Da- cational benefits to their full poten- At the request of Mr. PAUL, the name kota (Mr. JOHNSON), the Senator from tial. Today, that ends. of the Senator from Utah (Mr. LEE) was Nevada (Mr. HELLER) and the Senator At its heart, the GI Bill Consumer added as a cosponsor of S. 2226, a bill to from New Hampshire (Ms. AYOTTE) Awareness Act would take significant prohibit the Administrator of the Envi- were added as cosponsors of S. Res. 402, steps to make certain that GI Bill ronmental Protection Agency from a resolution condemning Joseph Kony beneficiaries have access to informa- awarding any grant, contract, coopera- and the Lord’s Resistance Army for tion to help them make informed deci- tive agreement, or other financial as- committing crimes against humanity sions about the educational institu- sistance under section 103 of the Clean and mass atrocities, and supporting on- tions they attend, so they get the most Air Act for any program, project, or ac- going efforts by the United States Gov- out of this tremendous benefit. This tivity carried out outside the United ernment and governments in central bill would also require VA and DoD to States, including the territories and Africa to remove Joseph Kony and develop a joint policy to curb aggres- possessions of the United States. Lord’s Resistance Army commanders sive recruiting and misleading mar- S. 2232 from the battlefield. keting aimed at servicemembers and At the request of Mr. BROWN of Mas- AMENDMENT NO. 1952 veterans so they can make a decision sachusetts, the name of the Senator At the request of Mr. SANDERS, the on a school without bad actors exerting from Ohio (Mr. PORTMAN) was added as names of the Senator from Pennsyl- unfair influence on them. a cosponsor of S. 2232, a bill to decrease vania (Mr. CASEY) and the Senator Many servicemembers and veterans the deficit by realigning, consoli- from Alaska (Mr. BEGICH) were added attend educational institutions that do dating, disposing, and improving the as cosponsors of amendment No. 1952 not suit their intended goals. This efficiency of Federal buildings and intended to be proposed to S. 2204, a shouldn’t be the case. Servicemembers other civilian real property, and for bill to eliminate unnecessary tax sub- and veterans should enroll in edu- other purposes. sidies and promote renewable energy cational institutions which put them on the path to a successful career, or S. 2233 and energy conservation. allow them to access more post-sec- At the request of Mr. SCHUMER, the f ondary education opportunities. For names of the Senator from Connecticut STATEMENTS ON INTRODUCED many years we have provided VA edu- (Mr. BLUMENTHAL) and the Senator BILLS AND JOINT RESOLUTIONS cational beneficiaries with billions of from Wisconsin (Mr. KOHL) were added dollars in educational assistance, but as cosponsors of S. 2233, a bill to amend By Mrs. MURRAY (for herself, Mr. AKAKA, Mr. BEGICH, Mr. have given them little to no assistance the Immigration and Nationality Act in deciding where to use these benefits. BROWN of Ohio, Mr. ROCKE- to stimulate international tourism to This bill would put an end to that. FELLER, Mr. COONS, Mr. HARKIN, the United States. The GI Bill Consumer Awareness Act Mr. INOUYE, Mr. LEAHY, and Mr. S.J. RES. 38 calls for disclosure of, among other WHITEHOUSE): At the request of Mr. GRAHAM, the data, statistics related to student loan S. 2241. A bill to ensure that veterans name of the Senator from Oklahoma debt, transferability of credits earned, have the information and protections (Mr. COBURN) was added as a cosponsor veteran enrollment, program prepara- they require to make informed deci- of S.J. Res. 38, a joint resolution dis- tion for licensing and certification, and sions regarding use of Post-9/11 Edu- approving a rule submitted by the De- job placement rates. heard from many cational Assistance, and for other pur- partment of Labor relating to the cer- veterans that this type of information poses; to the Committee on Veterans’ tification of nonimmigrant workers in would be very useful to them as they Affairs. temporary or seasonal nonagricultural make decisions about where to enroll. employment. Mrs. MURRAY. Mr. President, today, My bill would also require VA to pro- as Chairman of the Senate Committee S. RES. 344 vide educational beneficiaries with on Veterans’ Affairs, I am proud to in- At the request of Mr. RUBIO, the easy-to-understand information about troduce the GI Bill Consumer Aware- schools that are approved for GI Bill name of the Senator from Delaware ness Act of 2012. (Mr. COONS) was added as a cosponsor benefit use. Collecting data for data’s My colleagues, including my fellow sake is not the goal here. I want VA to of S. Res. 344, a resolution supporting Veterans’ Affairs Committee Members the democratic aspirations of the Nica- use this information to develop a re- Senators AKAKA, BEGICH, BROWN of raguan people and calling attention to port card of sorts that allows veterans Ohio and ROCKEFELLER, and my Senate the deterioration of constitutional to see how one school compares against colleagues Senators COONS, HARKIN, order in Nicaragua. another to help them decide which INOUYE, LEAHY, and WHITEHOUSE, join school is right for them. S. RES. 356 me in introducing this important legis- We must acknowledge the differences At the request of Mrs. FEINSTEIN, the lation. I appreciate their continued between student veterans and their ci- name of the Senator from New Jersey support of our Nation’s veterans. vilian classmates. Unlike their class- (Mr. MENENDEZ) was added as a cospon- With the end of the war in Iraq and mates, servicemembers and veterans sor of S. Res. 356, a resolution express- the drawdown in Afghanistan, more need to know what services institu- ing support for the people of Tibet. servicemembers are separating from tions provide to ease their difficult S. RES. 395 the military to start their civilian ca- transition to civilian life. Some edu- At the request of Mr. DURBIN, the reers. When my father came home from cational institutions provide more sup- name of the Senator from Indiana (Mr. war, the GI Bill helped him go to col- port than others. LUGAR) was added as a cosponsor of S. lege. He used that education to get a The University of Washington, one of Res. 395, a resolution expressing the job, one that gave him pride. That’s the oldest public universities in my

VerDate Mar 15 2010 06:05 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.019 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2088 CONGRESSIONAL RECORD — SENATE March 27, 2012 home state, serves as an example of Mr. President, I ask unanimous con- ‘‘(3) For each educational institution at what all universities should be doing. sent that the text of the bill be printed which an individual is enrolled in a program Through its Veterans Center, the Uni- in the RECORD. of education for which the individual re- There being no objection, the text of ceives assistance under this chapter or any versity of Washington offers its stu- of chapters 30 through 35 of this title or dent veterans a place to connect with the bill was ordered to be printed in chapter 106A or 1606 of title 10 and for the other veterans, access university re- the RECORD, as follows: most recent academic year for which infor- sources, and receive referrals to cam- S. 2241 mation is available, the following: pus and community resources that help Be it enacted by the Senate and House of Rep- ‘‘(A) The percentage of students who enroll to balance academic and personal de- resentatives of the United States of America in in the first term of a program of education of mands. The University of Washington Congress assembled, the educational institution who on the date that is 1 year after the date of enrolling are is helping to ease the transition from SECTION 1. SHORT TITLE. not enrolled in any program of education at the battlefield to the classroom, and This Act may be cited as the ‘‘GI Bill Con- sumer Awareness Act of 2012’’. the educational institution. these types of services should be rep- ‘‘(B) The percentage of students enrolled in licated across the country. SEC. 2. PUBLICATION BY SECRETARY OF VET- a program of education offered by the edu- ERANS AFFAIRS AND SECRETARY OF Despite this bright spot, I have heard DEFENSE OF INFORMATION ABOUT cational institution who complete the pro- from servicemembers and veterans who EDUCATIONAL INSTITUTIONS. gram of education within the normal time don’t think their schools are in touch (a) PUBLICATION BY SECRETARY OF VET- for completion of such program and the per- ERANS AFFAIRS.— centage of students enrolled in a program of with the assistance that VA and other education offered by the educational institu- Agencies can provide to them. The GI (1) IN GENERAL.—Subchapter II of chapter 36 of title 38, United States Code, is amended tion who complete the program of education Bill Consumer Awareness Act would re- by adding at the end the following new sec- within 150 percent of such period, quire educational institutions to have tion: disaggregated by students who receive and at least one employee who is knowl- don’t receive assistance for pursuit of the ‘‘§ 3697B. Publication of information about program of education under this chapter or edgeable about benefits available to educational institutions servicemembers and veterans. any of chapters 30 through 35 of this title or ‘‘(a) PUBLICATION OF INFORMATION.—The chapter 106A or 1606 of title 10. My bill would further require that Secretary shall, on an ongoing basis, make ‘‘(C) The number of degrees and certifi- academic advising, tutoring, career and available to veterans, members of the Armed cates awarded by the educational institution placement counseling services, and re- Forces, and other individuals eligible to re- and the number of students enrolled in pro- ferrals to Vet Centers are available and ceive or receiving assistance under this grams of education at the educational insti- that faculty members are trained on chapter or any of chapters 30 through 35 of tution that lead to a degree or a certificate. matters that are relevant to this title or chapters 106A or 1606 of title 10 ‘‘(D) The number of students enrolled in a the information described in subsection (d) program of education of the educational in- servicemembers and veterans. I want in language that can be easily understood by stitution. to make sure that each educational in- such veterans, members, and other individ- ‘‘(E) The rates of job placement of students stitution that is approved for GI Bill uals. who complete a program of education offered education benefits has the support ‘‘(b) COLLECTION OF INFORMATION.—(1) In by the educational institution that prepares services that student veterans need in order to make the information described in students for gainful employment in a recog- order to make the most of their edu- subsection (d) available as required by sub- nized occupation and for other programs if cational experience. No veteran should section (a), the Secretary shall take such ac- such rates are available for such other pro- tions as may be necessary to obtain such in- step on a college campus in this coun- grams. formation. ‘‘(F) The mean of the wages the students try and feel unsupported. ‘‘(2) If the Secretary requires, for purposes described in subparagraph (E) receive from I am concerned about what I am see- of this section, information that has been re- their first positions of employment obtained ing and hearing about groups who mis- ported by an educational institution to the after completing a program of education of- lead our servicemembers and vet- Secretary of Education, the Secretary of De- fered by the educational institution. erans—just to boost enrollment of stu- fense, the Secretary of Labor, or the heads of ‘‘(G) A description of the accreditation of dents with a very lucrative benefit. other Federal agencies under a provision of the educational institution, if any, and the law other than under this section or section names of any national or regional accred- The GI Bill Consumer Awareness Act 3679A of this title, the Secretary shall obtain iting agencies that have accredited the edu- would require VA and DoD to develop a such information from such Secretary or cational institution. joint policy on aggressive recruiting head rather than the educational institution. ‘‘(H) For each program of education offered and misleading marketing aimed at ‘‘(3) Making information available under by the educational institution, the following: servicemembers, veterans, and other subsection (a) shall not be required in a case ‘‘(i) The percentage of students who enroll beneficiaries. in which the number of students in a cat- in the first term of the program of education who on the date that is 1 year after the date When servicemembers and veterans egory is insufficient to yield statistically re- liable information or the results would re- of enrolling are not enrolled in any program make a decision about a school—it veal personally identifiable information of education at the educational institution. should be done with their own best in- about an individual student. ‘‘(ii) The percentage of students enrolled in terests at heart, and in consultation ‘‘(c) PARTNERSHIP WITH SECRETARY OF EDU- the program of education who complete the with their families and those Agencies CATION AND SECRETARY OF DEFENSE.—(1) The program of education within the normal with a mandate to help them. The GI Secretary shall carry out subsections (a) and time for completion of such program and the Bill Consumer Awareness Act would (b) in consultation and cooperation with the percentage of students enrolled in the pro- make educational counseling available Secretary of Education and the Secretary of gram of education who complete the pro- Defense. gram of education within 150 percent of such to more beneficiaries. As long as a ben- ‘‘(2) If the Secretary of Education or the period, disaggregated by students who re- eficiary has educational entitlement— Secretary of Defense incur any costs in con- ceive and don’t receive assistance for pursuit counseling from VA would be available. sulting or cooperating with the Secretary of of the program of education under this chap- I really want VA to be proactive in its Veterans Affairs under paragraph (1), the ter or any of chapters 30 through 35 of this efforts to get these servicemembers Secretary of Veterans Affairs shall reim- title or chapter 106A or 1606 of title 10. and veterans in for counseling. This is burse the Secretary concerned, from ‘‘(iii) The number of degrees or certificates an important step in choosing a school amounts appropriated to the Secretary of awarded by the educational institution to in- and career path and one that I hope Veterans Affairs, for such costs. dividuals who enrolled in the program of ‘‘(d) INFORMATION.—The information de- education. that more student veterans take ad- scribed in this subsection is as follows: ‘‘(iv) The number of students enrolled in vantage of. ‘‘(1) An explanation of the different types the program of education. This is not a full summary of all the of accreditation available to educational in- ‘‘(v) If the program of education is de- provisions within this legislation. How- stitutions and programs of education. signed to prepare a student for a particular ever, I hope that I have provided an ap- ‘‘(2) A general overview of Federal student occupation, whether such occupation gen- propriate overview of the major bene- aid programs, the implications of incurring erally requires licensing or certification in fits this legislation would provide for student loan debt, and discussion of how re- the State in which the educational institu- ceipt of educational assistance under this tion is located and if so, whether success- America’s servicemembers after they chapter or any of chapters 30 through 35 of fully completing such program of education leave military service. I also ask our this title may enable students to complete generally qualifies an individual— colleagues for their continued support programs of education without incurring sig- ‘‘(I) to obtain such licensing or certifi- for the Nation’s veterans. nificant educational debt. cation;

VerDate Mar 15 2010 06:05 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.023 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2089

‘‘(II) to take an examination that is gen- ‘‘(P) A description of the benefits and as- (3) PARTNERSHIP WITH SECRETARY OF EDU- erally required to obtain such licensing or sistance veterans described in subparagraph CATION.—The Secretary of Defense shall certification; or (K) may be entitled to under the laws of the carry out paragraphs (1) and (2) in consulta- ‘‘(III) to meet such other preconditions as State or States in which the veterans receive tion and cooperation with the Secretary of may be necessary for employment in such instruction from the educational institution. Education. occupation in such State. ‘‘(Q) A description of the educational insti- (4) INFORMATION.—The information de- ‘‘(vi) If the program of education is de- tution’s participation, if any, in the Yellow scribed in this paragraph is as follows: signed to prepare a student for a particular Ribbon G.I. Education Enhancement Pro- (A) An explanation of the different types of occupation that generally requires licensing gram established under section 3317(a) of this accreditation available to educational insti- or certification in the State in which the title. tutions and programs of education. educational institution is located, the per- ‘‘(R) If the educational institution charges (B) A general overview of Federal student centage of students who completed such pro- a lower rate of tuition for students who re- aid programs and the implications of incur- gram of education who obtained such licens- side in the same State as the educational in- ring student loan debt. ing or certification. stitution— (C) For each educational institution at ‘‘(vii) The rates of job placement of stu- ‘‘(i) identification of the requirements for which an individual is enrolled in a program dents who complete the program of edu- students to obtain in-State status for such of education and receives assistance under cation for programs of education that pre- lower rate of tuition; and the Military Spouse Career Advancement pare students for gainful employment in a ‘‘(ii) a list of educational institutions lo- Account (MyCAA) program of the Depart- recognized occupation and for other pro- cated or incorporated in the same State as ment of Defense for pursuit of such program grams if such rates are available for such the educational institution that waive such of education, the following: other programs. requirements for veterans.’’. (i) The percentage of students who enroll ‘‘(viii) The mean of the wages the students (2) CLERICAL AMENDMENT.—The table of in the first term of a program of education of described in clause (vii) receive from their sections at the beginning of chapter 36 of the educational institution who on the date first positions of employment obtained after such title is amended by inserting after the that is 1 year after the date of enrolling are completing the program of education. item relating to section 3697A the following not enrolled in any program of education at ‘‘(ix) A description of the accreditation of new item: the educational institution. the program of education, if any, and the (ii) The percentage of students who trans- ‘‘3697B. Publication of information about names of any national or regional accred- fer from one program of education offered by educational institutions.’’. iting agencies that have accredited the pro- the educational institution to another pro- gram of education. (3) EFFECTIVE DATE.—Section 3697B of title gram of education offered by the educational ‘‘(I) An explanation of the following: 38, United States Code, as added by para- institution. ‘‘(i) Whether academic credits awarded by graph (1), shall take effect on the date that (iii) The rates of job placement of students the educational institution are transferable is 180 days after the date of the enactment of who complete a program of education offered to public educational institutions in the this Act and not later than such date, the by the educational institution that prepares State in which the educational institution is Secretary of Veterans Affairs shall begin students for gainful employment in a recog- located. making information available as described in nized occupation and for other programs if ‘‘(ii) Any articulation agreements the edu- subsection (a) of such section. such rates are available for such other pro- cational institution may have with any (b) TRAINING FOR EMPLOYEES OF DEPART- grams. other educational institutions. MENT OF VETERANS AFFAIRS EDUCATION CALL (iv) The mean of the wages the students de- ‘‘(iii) How the educational institution may CENTERS.—Not later than one year after the scribed in clause (iii) receive from their first or may not accept academic credit awarded date of the enactment of this Act, the Sec- positions of employment obtained after com- by another educational institution, includ- retary of Veterans Affairs shall ensure that pleting a program of education offered by the ing whether the educational institution ac- appropriate employees of each of the edu- educational institution. cepts the transfer of academic credits from cation call centers of the Department of Vet- (v) A description of the accreditation of the following: erans Affairs receive appropriate training re- the educational institution, if any, and the ‘‘(I) The Army/American Council on Edu- garding the information made available names of any national or regional accred- cation Registry Transcript System. under section 3697B of title 38, United States iting agencies that have accredited the edu- ‘‘(II) The Sailor-Marine American Council Code, as added by subsection (a)(1). cational institution. on Education Registry Transcript. (c) PUBLICATION BY SECRETARY OF DE- (vi) For each program of education offered ‘‘(III) The Community College of the Air FENSE.— by the educational institution, the following: Force. (1) IN GENERAL.—The Secretary of Defense (I) If the program of education is designed ‘‘(IV) The United States Coast Guard Insti- shall, on an ongoing basis, make available to to prepare a student for a particular occupa- tute. individuals eligible to receive or receiving tion, whether such occupation generally re- ‘‘(J) The average tuition and fees for all assistance under the Military Spouse Career quires licensing or certification in the State programs of education at the educational in- Advancement Account (MyCAA) program of in which the educational institution is lo- stitution leading to a baccalaureate degree the Department of Defense the information cated and if so, whether successfully com- or lesser degree, license, or certificate and described in paragraph (4) in language that pleting such program of education generally the average tuition and fees charged by pub- can be easily understood by such individuals. qualifies an individual— lic educational institutions for similar pro- (2) COLLECTION OF INFORMATION.— (aa) to obtain such licensing or certifi- grams of education, disaggregated by State. (A) IN GENERAL.—In order to make the in- cation; ‘‘(K) The median amount of debt from Fed- formation described in paragraph (4) avail- (bb) to take an examination that is gen- eral student loans under title IV of the High- able as required by paragraph (1), the Sec- erally required to obtain such licensing or er Education Act of 1965 (20 U.S.C. 1070 et retary shall take such actions as may be nec- certification; or seq.), and to the degree practicable, private essary to obtain such information, including (cc) to meet such other preconditions as student loans, held upon completion of a pro- by requiring educational institutions to pro- may be necessary for employment in such gram of education by an individual who re- vide, as a condition of participating in such occupation in such State. ceived assistance under chapter 30, 32, 33, or program, such information as the Secretary (II) If the program of education is designed 34 of this title for pursuit of such program of considers necessary to carry out this sub- to prepare a student for a particular occupa- education at the educational institution. section. tion that generally requires licensing or cer- ‘‘(L) The cohort default rate, as defined in (B) COLLECTION FROM OTHER FEDERAL AGEN- tification in the State in which the edu- section 435(m) of the Higher Education Act CIES.—If the Secretary of Defense requires, cational institution is located, the percent- of 1965 (20 U.S.C. 1085(m)), of the educational for purposes of this section, information that age of students who completed such program institution. has been reported by an educational institu- of education who obtained such licensing or ‘‘(M) With respect to the information re- tion to the Secretary of Education, the Sec- certification. ported under subparagraphs (K) and (L), indi- retary of Veterans Affairs, the Secretary of (III) The rates of job placement of students cators of how the educational institution Labor, or the heads of other Federal agencies who complete the program of education for compares with all public educational institu- under a provision of law other than under programs of education that prepares stu- tions offering comparable programs of edu- this subsection, the Secretary of Defense dents for gainful employment in a recognized cation. shall obtain such information from such Sec- occupation and for other programs if such ‘‘(N) Whether the educational institution retary or head rather than the educational rates are available for such other programs. is a public, private nonprofit, or private for- institution. (IV) The mean of the wages the students profit institution. (C) PRIVACY.—Making information avail- described in subclause (III) receive from ‘‘(O) The number of veterans enrolled in able under paragraph (1) shall not be re- their first positions of employment obtained programs of education at the educational in- quired in a case in which the number of stu- after completing the program of education. stitution who are receiving assistance under dents in a category is insufficient to yield (vii) An explanation of the following: this chapter and chapters 30 through 35 of statistically reliable information or the re- (I) Whether academic credits awarded by this title and chapters 106A and 1606 of title sults would reveal personally identifiable in- the educational institution are transferable 10 for pursuit of such programs of education. formation about an individual student. to public educational institutions in the

VerDate Mar 15 2010 06:53 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.024 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2090 CONGRESSIONAL RECORD — SENATE March 27, 2012 State in which the educational institution is applicable provision of Federal or State law; erans Affairs and the Secretary of Defense located. or shall jointly develop policies to curb aggres- (II) Any articulation agreements the edu- ‘‘(2) requires a student enrolled in the sive recruiting of veterans and members of cational institution may have with any course of education to submit to arbitration the Armed Forces by educational institu- other educational institutions. or imposes onerous legal notice provisions in tions.’’. (III) How the educational institution may the case of a dispute with the educational in- (b) PROHIBITION ON INDUCEMENTS.—Such or may not accept academic credit awarded stitution.’’. section is further amended by adding at the by another educational institution (2) CLERICAL AMENDMENT.—The table of end the following new subsection: (viii) Whether the educational institution sections at the beginning of chapter 36 of ‘‘(c) The Secretary shall not approve a is a public, private nonprofit, or private for- such title is amended by inserting after the course offered by an educational institution profit institution. item relating to section 3679 the following if the educational institution uses induce- (ix) If the educational institution is ac- new item: ments or provides any gratuity, favor, dis- count, entertainment, hospitality loan, credited, whether the educational institution ‘‘3679A. Additional requirements.’’. has received disciplinary complaints from transportation, lodging, meals, or other item (3) CONFORMING AMENDMENT.—Section the accrediting agency that awarded such ac- having a monetary value of more than a de 3672(b)(2)(A) of such title is amended by minimis amount to any individual or entity creditation and the adjudication status of striking ‘‘and 3696’’ and inserting ‘‘3696, and such complaints. (other than salaries paid to employees or 3697B’’. fees paid to contractors in conformity with SEC. 3. ADDITIONAL REQUIREMENTS OF EDU- (4) EFFECTIVE DATE.—Section 3679A of such all applicable provisions of law) for the pur- CATIONAL INSTITUTIONS FOR SUP- title, as added by paragraph (1), shall take PORT OF VETERANS AND MEMBERS pose of securing enrollments.’’. OF THE ARMED FORCES. effect on the date that is 180 days after the (c) WORKING GROUP.— date of the enactment of this Act. (a) ADDITIONAL REQUIREMENTS UNDER TITLE (1) IN GENERAL.—Chapter 36 of such title is (b) MEMORANDUMS OF UNDERSTANDING BE- 38.— amended by inserting after section 3692 the TWEEN DEPARTMENT OF DEFENSE AND EDU- (1) IN GENERAL.—Subchapter I of chapter 36 following new section: CATIONAL INSTITUTIONS.— of title 38, United States Code, is amended by ‘‘§ 3692A. Working group (1) IN GENERAL.—Chapter 106A of title 10, adding at the end the following new section: ‘‘(a) ESTABLISHMENT.—Not later than 60 United States Code, is amended by adding at ‘‘§ 3679A. Additional requirements days after the date of the enactment of the the end the following new section: GI Bill Consumer Awareness Act of 2012, the ‘‘(a) AFFIRMATIVE REQUIREMENTS.—A ‘‘§ 2149A. Memorandums of understanding Secretary of Veterans Affairs and the Sec- course of education of an educational insti- with educational institutions retary of Defense shall jointly, in consulta- tution may not be approved under this chap- ‘‘(a) IN GENERAL.—The Secretary shall seek tion with the Secretary of Education, estab- ter unless the educational institution carries to enter into a memorandum of under- lish a working group— out the following: standing, not later than one year after the ‘‘(1) to coordinate consumer protection ef- ‘‘(1) Compiling and disclosing to the Sec- date of the enactment of the GI Bill Con- forts of the Department of Veterans Affairs retary such information as the Secretary sumer Awareness Act of 2012, with each edu- and the Department of Defense with respect may require to carry out section 3697B of cational institution at which an individual is to educational assistance provided under this this title to the extent that such informa- enrolled in a program of education for which chapter, chapters 30 through 35 of this title, tion is available to the educational institu- the individual receives assistance under this and chapters 106A and 1606 of title 10; and tion. chapter. ‘‘(2) to develop policies related to postsec- ‘‘(2) If more than 10 veterans or members of ‘‘(b) ELEMENTS.—Each memorandum of un- ondary education marketing and recruit- the Armed Forces are enrolled in a course of derstanding entered into under subsection ment of veterans and members of the Armed education at the educational institution, en- (a) shall require the educational institution Forces. suring that at least one full-time equivalent with which the Secretary enters into the un- ‘‘(b) DUTIES.—In coordinating efforts and employee of the educational institution is derstanding to carry out paragraphs (2) developing policies under subsection (a), the knowledgeable about benefits and assistance through (7) of section 3679A(a) of title 38. working group shall— available to veterans and members of the ‘‘(c) BAN ON RECRUITING ON MILITARY IN- ‘‘(1) survey veterans and members of the Armed Forces under laws administered by STALLATIONS.—No individual who represents Armed Forces who have received educational the Secretary of Veterans Affairs and the an educational institution described in sub- assistance described in subsection (a)(1) to Secretary of Defense. section (a) may enter a military facility of obtain feedback on the educational assist- ‘‘(3) Ensuring that appropriate employees the United States for purposes of recruiting ance received and on the program of edu- of the educational institution are trained students for the educational institution if cation for which such assistance was re- and qualified to handle assistance provided the educational institution has not entered ceived; under this chapter, chapters 30 through 35 of into a memorandum of understanding with ‘‘(2) review marketing and recruitment this title, and chapters 106A and 1606 of title the Secretary under such subsection.’’. practices carried out by educational institu- 10. (2) CLERICAL AMENDMENT.—The table of tions to determine whether the advertising ‘‘(4) If more than 10 veterans or members of sections at the beginning of chapter 106A of practices of such institutions might be detri- the Armed Forces are enrolled in a course of such title is amended by adding at the end mental to veterans and members of the education at the educational institution, the following new item: Armed Forces, including a review of Internet providing academic advising and support ‘‘22149A. Memorandums of understanding websites used for marketing and advertising services to veterans, including remediation, with educational institutions.’’. campaigns targeted towards veterans and tutoring, career and placement counseling SEC. 4. PROTECTIONS FOR VETERANS AND MEM- members of the Armed Forces; and services, and referrals to centers for read- BERS OF THE ARMED FORCES AT- ‘‘(3) monitor the overall postsecondary justment counseling and related mental TENDING EDUCATIONAL INSTITU- education market for developments that af- health services for veterans under section TIONS. fect veterans and members of the Armed 1712A of this title (known as ‘vet centers’). (a) POLICIES TO CURB AGGRESSIVE RECRUIT- Forces. ‘‘(5) Offering training for members of the ING.—Section 3696 of title 38, United States ‘‘(c) CONSULTATION.—In carrying out its du- faculty of the educational institution on Code, is amended— ties under this section, the working group matters that are relevant to veterans and (1) in subsection (a)— shall consult with appropriate Federal agen- members of the Armed Forces who are en- (A) by inserting ‘‘, including utilizing cies (including the Department of Education rolled in courses of education at the edu- third-party lead generators that gather and the Consumer Federal Protection Bu- cational institution. names of prospective students through the reau), consumer protection groups, veterans ‘‘(6) Agreeing to abide by the policies de- use deceptive or misleading acts or prac- service organizations, military service orga- veloped under section 3696(b) of this title. tices’’ before the period at the end; and nizations, representatives of educational in- ‘‘(7) Establishing a point of contact for vet- (B) by inserting ‘‘(1)’’ before ‘‘The Sec- stitutions, and representatives of such other erans enrolled in courses of education at the retary’’; groups or organizations as the Secretaries educational institution who can— (2) by redesignating subsections (b) and (c) consider appropriate. ‘‘(A) assist such veterans in adjusting to as paragraphs (2) and (3), respectively; ‘‘(d) EXEMPTION FROM FACA.—The Federal student life at the educational institution; (3) in paragraph (3), as redesignated by Advisory Committee Act (5 U.S.C. App.) or paragraph (2), by striking ‘‘under subsection shall not apply to the working group estab- ‘‘(B) provide referrals to groups or organi- (a)’’ each place it appears and inserting lished under subsection (a). zations that provide such assistance. ‘‘under paragraph (1)’’; ‘‘(e) VETERANS SERVICE ORGANIZATION DE- ‘‘(b) PROHIBITIONS.—A course of education (4) by striking ‘‘this section’’ each place it FINED.—In this section, the term ‘veterans of an educational institution may not be ap- appears and inserting ‘‘this subsection’’; and service organization’ means any organiza- proved under this chapter if the educational (5) by adding at the end the following new tion recognized by the Secretary for the rep- institution— subsection (b): resentation of veterans under section 5902 of ‘‘(1) requires a student enrolled in the ‘‘(b) Not later than 90 days after the date of this title.’’. course of education to waive the student’s the enactment of the GI Bill Consumer (2) CLERICAL AMENDMENT.—The table of right to legal recourse under any otherwise Awareness Act of 2012, the Secretary of Vet- sections at the beginning of chapter 36 of

VerDate Mar 15 2010 06:53 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.024 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2091 such title is amended by inserting after the programs that provide education and career ‘‘(1) to improve the provision of assistance item relating to section 3692 the following counseling services to members of the Armed under this chapter and chapters 30 through new item: Forces and veterans under laws administered 35 of this title; ‘‘3692A. Working group.’’. by the Secretary of Defense and the Sec- ‘‘(2) to improve the provision of edu- (3) REPORT.—Not later than 180 days after retary of Veterans Affairs should— cational and vocational counseling under the date of the enactment of this Act, the (1) collaborate and improve information section 3697A of this title; and working group established under section sharing with one-stop delivery systems es- ‘‘(3) to identify problems with the pro- 3692A of such title, as added by paragraph (1), tablished under section 134(c) of the Work- grams of education or assistance described in shall submit to Congress a report on the ac- force Investment Act of 1998 (29 U.S.C. subsection (a) that warrant further inves- tivities of the working group under such sec- 2864(c)), including collaboration through tigation by the Secretary.’’. tion, including the following: electronic means, to provide the information (b) CLERICAL AMENDMENT.—The table of (A) The findings of the working group. described in subsection (a) to the members of sections at the beginning of chapter 36 of (B) The actions taken by the working the Armed Forces before such members tran- such title is amended by inserting after the item relating to section 3693 the following group. sition from service in the Armed Forces to new item: (C) The policies developed by the working civilian life; and group. (2) coordinate with— ‘‘3693A. Complaint process.’’. (D) Recommendations for such legislative (A) each other; SEC. 8. COLLECTION AND DISSEMINATION OF and regulatory action as may be necessary (B) the Transition Assistance Program BEST PRACTICES FOR PROVISION BY EDUCATIONAL INSTITUTIONS OF AS- to coordinate as described in paragraph (1) of (TAP) of the Department of Defense; (C) the services provided under sections SISTANCE TO STUDENTS WHO ARE section 3692A(a) of such title and develop VETERANS OR MEMBERS OF THE policies as described in paragraph (2) of such 1142, 1143, and 1144 of title 10, United States ARMED FORCES. section. Code; (a) IN GENERAL.—Not later than one year (d) POLICIES ON CONFLICTS OF INTEREST BE- (D) the programs established under section after the date of the enactment of this Act TWEEN EMPLOYEES OF DEPARTMENT OF VET- 235(b) of the VOW to Hire Heroes Act of and two and four years thereafter, the Sec- ERANS AFFAIRS, DEPARTMENT OF DEFENSE, 2011(Public Law 112–56; 38 U.S.C. 4214 note); retary of Veterans Affairs shall, in collabora- AND EDUCATIONAL INSTITUTIONS.—Section and tion with the Secretary of Education and the 3683 of such title is amended by adding at the (E) the demonstration project established Secretary of Defense, collect and dissemi- end the following new subsection: under section 4114 of title 38, United States nate information about best practices for the ‘‘(e) The Secretary of Veterans Affairs and Code. provision by educational institutions of as- the Secretary of Defense shall develop poli- (c) REPORT.— sistance to students who are veterans and cies for employees of the Department of Vet- (1) IN GENERAL.—Not later than 180 days students who are members of the Armed erans Affairs and the Department of Defense, after the date of the enactment of this Act, Forces to help them successfully enter, per- respectively, regarding conflicts of interest the Secretary of Defense and the Secretary sist in, and complete programs of education. between employees of such departments and of Veterans Affairs shall submit to the ap- (b) CONSULTATION WITH VETERANS SERVICE educational institutions.’’. propriate committees of Congress a report on ORGANIZATIONS.—In carrying out subsection SEC. 5. ASSESSMENT OF QUALITY AND DELIVERY the assessment completed under subsection (a), the Secretary of Veterans Affairs shall OF CAREER INFORMATION AND (a), including recommendations for such leg- consult with veterans service organizations COUNSELING TO MEMBERS OF islative, regulatory, and administrative ac- and educational institutions. ARMED FORCES AND VETERANS. tion as the Secretaries consider necessary to SEC. 9. REPEAL OF LIMITATION ON PAYMENTS (a) IN GENERAL.—Not later than 180 days improve the provision of career information FOR CONTRACT EDUCATIONAL AND after the date of the enactment of this Act, relevant to programs of education pursued VOCATIONAL COUNSELING. the Secretary of Defense and the Secretary by members of the Armed Forces and vet- Section 3697 of title 38, United States Code, of Veterans Affairs shall, in collaboration erans to such members and veterans. is amended— with the Secretary of Labor and the Sec- (2) APPROPRIATE COMMITTEES OF CON- (1) by striking subsection (b); and retary of Education, assess the quality and GRESS.—In this subsection, the term ‘‘appro- (2) in subsection (a), by striking ‘‘(a) Sub- delivery of career information and coun- priate committees of Congress’’ means— ject to subsection (b) of this section, edu- seling provided to members of the Armed (A) the Committee on Armed Services, the cational’’ and inserting ‘‘Educational’’. Forces and veterans enrolled in (or planning Committee on Veterans’ Affairs, and the SEC. 10. DEDICATED POINTS OF CONTACT FOR to enroll in) programs of education with as- Committee on Health, Education, Labor, and SCHOOL CERTIFYING OFFICIALS. Section 3684 of title 38, United States Code, sistance under chapter 106A or 1606 of title Pensions of the Senate; and 10, United States Code, or any of chapters 30 is amended by adding at the end the fol- (B) the Committee on Armed Services, the through 36 of title 38, United States Code. lowing new subsection: Committee on Veterans’ Affairs, and the Such assessment shall address, at minimum, ‘‘(d) Not later than 90 days after the date of Committee on Education and the Workforce the following: the enactment of the GI Bill Consumer of the House of Representatives. (1) Whether such information and coun- Awareness Act of 2012, the Secretary shall SEC. 6. EXPANSION OF ELIGIBILITY FOR EDU- ensure that the Department employs per- seling is relevant to the labor-markets in CATIONAL AND VOCATIONAL COUN- which such members or veterans plan to re- sonnel dedicated to assisting personnel of SELING. educational institutions who are charged locate, if applicable. Section 3697A(b) of title 38, United States with submitting reports or certifications to (2) Whether such information and coun- Code, is amended— the Secretary under this section.’’. seling identifies careers that are available in (1) by striking paragraphs (2) and (3); SEC. 11. REPORT ON NUMBER OF RECIPIENTS OF in-demand occupations and industries in (2) in paragraph (1), by adding ‘‘or’’ at the such labor-markets. EDUCATIONAL ASSISTANCE UNDER end; and LAWS ADMINISTERED BY SEC- (3) Whether such information and coun- (3) by adding at the end the following new RETARY OF VETERANS AFFAIRS. seling identifies the education and creden- paragraph (2): (a) IN GENERAL.—Not later than 180 days tials required for such careers. ‘‘(2) is serving on active duty in any State after the date of the enactment of this Act, (4) Whether assessments provided to such with the Armed Forces and has served in the the Secretary of Veterans Affairs shall sub- members and veterans as part of such coun- Armed Forces on active duty for not fewer mit to the Committee on Veterans’ Affairs of seling of the skills and credentials of such than 180 days.’’. the Senate and the Committee on Veterans’ members and veterans match such skills and SEC. 7. SUBMITTAL OF COMPLAINTS REGARDING Affairs of the House of Representatives a re- credentials with the skills and credentials PROGRAMS OF EDUCATION AND port on the receipt of educational assistance required for jobs in the civilian workforce. EDUCATIONAL ASSISTANCE. under laws administered by the Secretary of (5) Whether the assessments described in (a) IN GENERAL.—Chapter 36 of title 38, Veterans Affairs during the last academic paragraph (4) identify the additional skills United States Code, is amended by inserting year ending before the submittal of the re- or credentials members and veterans de- after section 3693 the following new section: port. scribed in such paragraph may need for em- ‘‘§ 3693A. Complaint process (b) ELEMENTS.—The report required by sub- ployment in jobs in the civilian workforce. ‘‘(a) SUBMITTAL OF COMPLAINTS.—The Sec- section (a) shall include the following, for (6) Whether such information identifies the retary shall establish procedures for sub- the period covered by the report: education and training programs that pro- mittal to the Secretary of complaints by a (1) A list of all educational institutions at vide the skills necessary for such careers in students who are pursuing programs of edu- which an individual is enrolled in a program such labor-markets. cation with assistance under this chapter, of education for which the individual re- (7) Whether such information is provided in any of chapters 30 through 35 of this title, or ceives assistance under a law administered a timely manner. chapters 106A or 1606 of title 10 regarding by the Secretary of Veterans Affairs. (b) COLLABORATION WITH THE ONE-STOP DE- such programs of education or such assist- (2) For each educational institution listed LIVERY SYSTEM AND TRANSITION ASSISTANCE ance. under paragraph (1), the number of individ- PROGRAMS.—In carrying out subsection (a), ‘‘(b) DATABASE.—The Secretary shall estab- uals who receive assistance under a law ad- the Secretary of Defense and the Secretary lish a database to store complaints sub- ministered by the Secretary to pursue a pro- of Veteran Affairs shall, in collaboration mitted under subsection (a) to enable the gram of education at the educational institu- with the Secretary of Labor, determine how Secretary— tion.

VerDate Mar 15 2010 06:05 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.024 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2092 CONGRESSIONAL RECORD — SENATE March 27, 2012

(3) For each educational institution listed ruptcy protection in the United States Bank- Mr. SCHUMER) submitted an amendment in- under paragraph (1), the total amount of as- ruptcy Court for the Southern District of tended to be proposed by him to the bill S. sistance paid under laws administered by the New York after reporting that as much as 2204, supra; which was ordered to lie on the Secretary to individuals enrolled in pro- $900,000,000 in customer money had gone table. grams of education at the educational insti- missing; SA 1956. Mr. BARRASSO submitted an tution for pursuit of such programs and paid Whereas MF Global Holdings, Ltd. is the amendment intended to be proposed by him to the educational institution for the edu- parent company of MF Global, Inc., formerly to the bill S. 2204, supra; which was ordered cation of individuals. a futures commission merchant and broker- to lie on the table. SEC. 12. PERFORMANCE METRICS FOR DEPART- dealer for thousands of commodities and se- SA 1957. Mr. BARRASSO submitted an MENT OF DEFENSE EDUCATION AND curities customers; amendment intended to be proposed by him WORKFORCE TRAINING PROGRAMS. Whereas following the bankruptcy filing, to the bill S. 2204, supra; which was ordered (a) ESTABLISHMENT OF METRICS.—Not later Judge Louis Freeh, the court-appointed to lie on the table. than 180 days after the date of the enactment trustee for the liquidation of MF Global SA 1958. Mr. HELLER submitted an of this Act, the Secretary of Defense shall, in Holdings, retained certain employees of the amendment intended to be proposed by him consultation with the Secretary of Edu- MF Global entities at the time of the bank- to the bill S. 2204, supra; which was ordered cation and the Secretary of Labor, establish ruptcy, including the chief operating officer, to lie on the table. metrics for tracking the successful comple- the chief financial officer, the general coun- SA 1959. Mr. PAUL submitted an amend- tion of education and workforce training sel, and other individuals, in order to assist ment intended to be proposed by him to the programs carried out under laws adminis- the liquidation process; bill S. 2204, supra; which was ordered to lie tered by the Secretary of Defense. Whereas on March 8, 2012, the Wall Street on the table. (b) REPORT ON METRICS.—Not later than 180 SA 1960. Mr. PAUL submitted an amend- days after the date of the enactment of this Journal reported that Mr. Freeh may ask the bankruptcy court judge to approve perform- ment intended to be proposed by him to the Act, the Secretary of Defense shall submit to bill S. 2204, supra; which was ordered to lie the appropriate committees of Congress a re- ance-related bonuses for the chief operating officer, chief financial officer, the general on the table. port on the metrics establish under sub- SA 1961. Mr. PRYOR submitted an amend- counsel, and the other employees; section (a), including a description of each ment intended to be proposed by him to the Whereas according to the court-appointed such metric. bill S. 2204, supra; which was ordered to lie trustee for the liquidation of MF Global, Inc. (c) ANNUAL ASSESSMENT.—Not later than on the table. one year after the date of the enactment of under the Securities Investor Protection Act SA 1962. Mr. PRYOR submitted an amend- this Act and not less frequently than once of 1970 (15 U.S.C. 78aaa et seq.), Mr. James ment intended to be proposed by him to the each year thereafter, the Secretary of De- Giddens, the total amount of customer funds bill S. 2204, supra; which was ordered to lie fense shall submit to the appropriate com- still missing could be as much as on the table. mittees of Congress an assessment of the $1,600,000,000; SA 1963. Mr. INHOFE (for himself and Mr. education and workforce training programs Whereas on March 15, 2012, all of the mem- BARRASSO) submitted an amendment in- described in subsection (a) using the metrics bers of the Committee on Agriculture, Nutri- tended to be proposed by him to the bill S. established under such subsection. tion, and Forestry of the Senate sent a letter 2204, supra; which was ordered to lie on the (d) APPROPRIATE COMMITTEES OF CON- to Mr. Freeh urging him not to reward senior table. GRESS.—In this section, the term ‘‘appro- executives of the bankrupt MF Global enti- SA 1964. Mr. BROWN, of Massachusetts priate committees of Congress’’ means— ties with performance-related bonuses while submitted an amendment intended to be pro- (1) the Committee on Armed Services and customer money is still missing; posed by him to the bill S. 2204, supra; which the Committee on Appropriations of the Sen- Whereas on March 16, 2012, Mr. Freeh re- was ordered to lie on the table. ate; and sponded to the members of the Committee on SA 1965. Mr. VITTER (for himself and Mr. (2) the Committee on Armed Services and Agriculture, Nutrition, and Forestry of the SESSIONS) submitted an amendment intended the Committee on Appropriations of the Senate, stating that he has not made any de- to be proposed by him to the bill S. 2204, House of representatives. cisions regarding the payment of bonuses to supra; which was ordered to lie on the table. SEC. 13. PRIVACY. former senior executives of the firm; SA 1966. Mr. WICKER submitted an amend- Nothing in this title or any of the amend- Whereas the Commodity Futures Trading ment intended to be proposed by him to the ments made by this title shall be construed Commission, the court-appointed trustee for bill S. 2204, supra; which was ordered to lie to authorize the Secretary of Veterans Af- the liquidation of MF Global, Inc. under the on the table. fairs, the Secretary of Defense, the Secretary Securities Investor Protection Act of 1970 (15 SA 1967. Mr. INHOFE submitted an amend- of Education, or the Secretary of Labor to U.S.C. 78aaa et seq.), and other Federal au- ment intended to be proposed by him to the release to the public information about an thorities are investigating the events leading bill S. 2204, supra; which was ordered to lie individual that is otherwise prohibited by a up to the bankruptcy in an effort to return on the table. provision of law. customer money and prosecute any wrong- SA 1968. Mr. REID proposed an amendment SEC. 14. DEFINITIONS. doing; and to the bill S. 2204, supra. In this Act: Whereas as of the date of agreement to this SA 1969. Mr. REID proposed an amendment (1) EDUCATIONAL INSTITUTION AND PROGRAM resolution, none of the investigators have to amendment SA 1968 proposed by Mr. REID OF EDUCATION.—The terms ‘‘educational in- stated public conclusions regarding the to the bill S. 2204, supra. stitution’’ and ‘‘program of education’’ have exact location of the missing money or SA 1970. Mr. REID proposed an amendment the meanings given such terms in section whether criminal wrongdoing was involved: to the bill S. 2204, supra. 3501 of title 38, United States Code. Now, therefore, be it SA 1971. Mr. REID proposed an amendment (2) VETERANS SERVICE ORGANIZATION.—The Resolved, That it is the sense of the Senate to amendment SA 1970 proposed by Mr. REID term ‘‘veterans service organization’’ means that bonuses should not be paid to the execu- to the bill S. 2204, supra. any organization recognized by the Sec- tives and employees who were responsible for SA 1972. Mr. REID proposed an amendment retary of Veterans Affairs for the representa- the day-to-day management and operations to amendment SA 1971 proposed by Mr. REID tion of veterans under section 5902 of such of MF Global until its customers’ segregated to the amendment SA 1970 proposed by Mr. title. account funds are repaid in full and inves- REID to the bill S. 2204, supra. SA 1973. Mr. TESTER submitted an amend- f tigations by Federal authorities have re- ment intended to be proposed by him to the vealed both the cause of, and parties respon- SUBMITTED RESOLUTIONS bill S. 2204, supra; which was ordered to lie sible for, the loss of millions of dollars of on the table. customer money. SA 1974. Mr. INHOFE submitted an amend- SENATE RESOLUTION 407—EX- f ment intended to be proposed by him to the PRESSING THE SENSE OF THE AMENDMENTS SUBMITTED AND bill S. 2204, supra; which was ordered to lie SENATE THAT EXECUTIVES OF PROPOSED on the table. THE BANKRUPT FIRM MF GLOB- SA 1975. Mr. MERKLEY (for himself, Mr. AL SHOULD NOT BE REWARDED SA 1953. Mr. MENENDEZ submitted an LEE, Mr. TESTER, Mr. BAUCUS, and Mr. amendment intended to be proposed by him WYDEN) submitted an amendment intended WITH BONUSES WHILE CUS- to the bill S. 2204, to eliminate unnecessary to be proposed by him to the bill S. 1789, to TOMER MONEY IS STILL MISS- tax subsidies and promote renewable energy improve, sustain, and transform the United ING and energy conservation; which was ordered States Postal Service; which was ordered to Ms. STABENOW (for herself and Mr. to lie on the table. lie on the table. ROBERTS) submitted the following reso- SA 1954. Mr. MENENDEZ submitted an SA 1976. Ms. MURKOWSKI (for herself, Mr. lution; which was considered and amendment intended to be proposed by him VITTER, Mr. BEGICH, and Mr. BARRASSO) sub- to the bill S. 2204, supra; which was ordered mitted an amendment intended to be pro- agreed to: to lie on the table. posed by her to the bill S. 2204, to eliminate S. RES. 407 SA 1955. Mr. KOHL (for himself, Mr. unnecessary tax subsidies and promote re- Whereas on October 31, 2011, MF Global LEAHY, Mr. GRASSLEY, Mr. CASEY, Mr. BROWN newable energy and energy conservation; Holdings, Ltd., filed for Chapter 11 bank- of Ohio, Mr. BLUMENTHAL, Mr. MANCHIN, and which was ordered to lie on the table.

VerDate Mar 15 2010 06:05 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.024 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2093 TEXT OF AMENDMENTS ‘‘(q) NONPRODUCING LEASE FEE.—In the when such action, combination, or collective case of any lease for oil or gas issued on or action has a direct, substantial, and reason- SA 1953. Mr. MENENDEZ submitted after the date of enactment of this sub- ably foreseeable effect on the market, sup- an amendment intended to be proposed section, as a condition of the lease, the Sec- ply, price, or distribution of oil, natural gas, by him to the bill S. 2204, to eliminate retary shall require the lessee to pay an an- or other petroleum product in the United unnecessary tax subsidies and promote nual fee of $4 per acre on the acres covered States. renewable energy and energy conserva- by the lease if production is not occurring.’’. ‘‘(b) SOVEREIGN IMMUNITY.—A foreign state tion; which was ordered to lie on the (b) OUTER CONTINENTAL SHELF OIL AND GAS engaged in conduct in violation of subsection table; as follows: LEASES.—Section 8 of the Outer Continental (a) shall not be immune under the doctrine Shelf Lands Act (43 U.S.C. 1337(d)) is amend- of sovereign immunity from the jurisdiction On page 22, between lines 3 and 4, insert ed— or judgments of the courts of the United the following: (1) by striking ‘‘(d) No bid’’ and inserting States in any action brought to enforce this TITLE III—MISCELLANEOUS the following: section. SEC. 301. BAN ON EXPORTING CRUDE OIL PRO- ‘‘(d) DUE DILIGENCE.— ‘‘(c) INAPPLICABILITY OF ACT OF STATE DOC- DUCED ON FEDERAL LAND. ‘‘(1) IN GENERAL.—No bid’’; and TRINE.—No court of the United States shall (a) DEFINITIONS.—In this section: (2) by adding at the end the following: decline, based on the act of state doctrine, to (1) PETROLEUM PRODUCT.—The term ‘‘petro- ‘‘(2) NONPRODUCING LEASE FEE.—In the case make a determination on the merits in an leum product’’ means any of the following: of any lease for oil or gas issued on or after action brought under this section. (A) Finished reformulated or conventional the date of enactment of this paragraph, as ‘‘(d) ENFORCEMENT.— motor gasoline. a condition of the lease, the Secretary shall ‘‘(1) IN GENERAL.—The Attorney General of (B) Finished aviation gasoline. require the lessee to pay an annual fee of $4 the United States may bring an action to en- (C) Kerosene-type jet fuel. per acre on the acres covered by the lease if force this section in any district court of the (D) Kerosene. production is not occurring.’’. United States as provided under the anti- (E) Distillate fuel oil. SEC. 304. REGULATIONS. trust laws. (F) Residual fuel oil. In the case of leases covered by this title ‘‘(2) NO PRIVATE RIGHT OF ACTION.—No pri- (G) Lubricants. and the amendments made by this title, not vate right of action is authorized under this (H) Waxes. later than 180 days after the date of enact- section.’’. (I) Petroleum coke. ment of this Act, the Secretary of the Inte- (c) SOVEREIGN IMMUNITY.—Section 1605(a) (J) Asphalt and road oil. rior shall issue regulations that— of title 28, United States Code, is amended— (2) PUBLIC LAND.—The term ‘‘public land’’ (1) set forth requirements and benchmarks (1) in paragraph (6), by striking ‘‘or’’ after means any land and interest in land owned for oil and gas development that will ensure the semicolon; by the United States within the several that leaseholders— (2) in paragraph (7), by striking the period States and administered by the Secretary (A) diligently develop each lease; and and inserting ‘‘; or’’; and concerned, without regard to how the United (B) to the maximum extent practicable, (3) by adding at the end the following: States acquired ownership. produce oil and gas from each lease during ‘‘(8) in which the action is brought under (3) SECRETARY CONCERNED.—The term ‘‘Sec- the primary term of the lease; section 7A of the Sherman Act.’’. retary concerned’’ means— (2) require each leaseholder to submit to (A) the Secretary of Agriculture (acting the Secretary a diligent development plan SA 1956. Mr. BARRASSO submitted through the Chief of the Forest Service), describing how the lessee will meet the an amendment intended to be proposed with respect to National Forest System land; benchmarks; by him to the bill S. 2204, to eliminate and (3) in establishing requirements under unnecessary tax subsidies and promote (B) the Secretary of the Interior, with re- paragraphs (1) and (2), take into account the renewable energy and energy conserva- spect to land managed by the Bureau of Land differences in development conditions and tion; which was ordered to lie on the Management (including land held for the circumstances in the areas to be developed; table; as follows: benefit of an Indian tribe). and At the end of the bill, add the following: (b) BAN.—Notwithstanding any other pro- (4) implement the fee requirements estab- vision of law, petroleum extracted from pub- lished by the amendments made by section TITLE IV—WESTERN ENERGY lic land in the United States (including land 303. DEVELOPMENT located on the outer Continental Shelf), or a SEC. 401. SHORT TITLE. petroleum product produced from the petro- SA 1955. Mr. KOHL (for himself, Mr. This title may be cited as the ‘‘American leum, may not be exported from the United LEAHY, Mr. GRASSLEY, Mr. CASEY, Mr. Energy and Western Jobs Act’’. States. BROWN of Ohio, Mr. BLUMENTHAL, Mr. SEC. 402. RESCISSION OF CERTAIN INSTRUCTION MANCHIN, and Mr. SCHUMER) submitted MEMORANDA. SA 1954. Mr. MENENDEZ submitted an amendment intended to be proposed The following are rescinded and shall have an amendment intended to be proposed no force or effect: by him to the bill S. 2204, to eliminate by him to the bill S. 2204, to eliminate (1) The Bureau of Land Management In- unnecessary tax subsidies and promote unnecessary tax subsidies and promote struction Memorandum entitled ‘‘Oil and renewable energy and energy conserva- renewable energy and energy conserva- Gas Leasing Reform—Land Use Planning and tion; which was ordered to lie on the tion; which was ordered to lie on the Lease Parcel Reviews’’, numbered 2010–117, table; as follows: and dated May 17, 2010. table; as follows: At the appropriate place, insert the fol- (2) The Bureau of Land Management In- On page 22, between lines 3 and 4, insert lowing: struction Memorandum entitled ‘‘Energy the following: SEC. ll. NO OIL PRODUCING AND EXPORTING Policy Act Section 390 Categorical Exclusion TITLE III—DILIGENT DEVELOPMENT OF CARTELS ACT OF 2012. Policy Revision’’, numbered 2010–118, and FEDERAL OIL AND GAS LEASES (a) SHORT TITLE.—This section may be dated May 17, 2010. SEC. 301. SHORT TITLE. cited as the ‘‘No Oil Producing and Export- (3) Secretarial Order No. 3310 issued by the This title may be cited as the ‘‘Use It or ing Cartels Act of 2012’’ or ‘‘NOPEC’’. Secretary of the Interior on December 22, Lose It Act of 2012’’. (b) SHERMAN ACT.—The Sherman Act (15 2010. SEC. 302. DILIGENT DEVELOPMENT OF FEDERAL U.S.C. 1 et seq.) is amended by adding after SEC. 403. AMENDMENTS TO THE MINERAL LEAS- OIL AND GAS LEASES. section 7 the following: ING ACT. (a) CLARIFICATION OF EXISTING LAW.—Each ‘‘SEC. 7A. OIL PRODUCING CARTELS. (a) ONSHORE OIL AND GAS LEASE ISSUANCE lease that authorizes the exploration for or ‘‘(a) IN GENERAL.—It shall be illegal and a IMPROVEMENT.—Section 17(b)(1)(A) of the production of oil or natural gas under a pro- violation of this Act for any foreign state, or Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is vision of law described in subsection (b) shall any instrumentality or agent of any foreign amended in the seventh sentence, by striking be diligently developed by the person holding state, to act collectively or in combination ‘‘Leases shall be issued within 60 days fol- the lease in order to ensure timely produc- with any other foreign state, any instrumen- lowing payment by the successful bidder of tion from the lease. tality or agent of any other foreign state, or the remainder of the bonus bid, if any, and (b) COVERED PROVISIONS.—Subsection (a) any other person, whether by cartel or any the annual rental for the first lease year’’ shall apply to— other association or form of cooperation or and inserting ‘‘The Secretary of the Interior (1) section 17 of the Mineral Leasing Act joint action— shall automatically issue a lease 60 days (30 U.S.C. 226); and ‘‘(1) to limit the production or distribution after the date of the payment by the success- (2) the Outer Continental Shelf Lands Act of oil, natural gas, or any other petroleum ful bidder of the remainder of the bonus bid, (43 U.S.C. 1331 et seq.). product; if any, and the annual rental for the first SEC. 303. NONPRODUCING LEASE FEE. ‘‘(2) to set or maintain the price of oil, nat- lease year, unless the Secretary of the Inte- (a) ONSHORE OIL AND GAS LEASES.—Section ural gas, or any petroleum product; or rior is able to issue the lease before that 17 of the Mineral Leasing Act (30 U.S.C. 226) ‘‘(3) to otherwise take any action in re- date. The filing of any protest to the sale or is amended by adding at the end the fol- straint of trade for oil, natural gas, or any issuance of a lease shall not extend the date lowing: petroleum product; by which the lease is to be issued’’.

VerDate Mar 15 2010 07:08 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.028 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2094 CONGRESSIONAL RECORD — SENATE March 27, 2012

(b) JUDICIAL REVIEW.—Section 17 of the SEC. 404. ANNUAL REPORT ON REVENUES GEN- TITLE III—MISCELLANEOUS Mineral Leasing Act (30 U.S.C. 226) is amend- ERATED FROM MULTIPLE USE OF PUBLIC LAND. SEC. 301. ADOPTION OF EXISTING ENVIRON- ed by adding at the end the following: MENTAL DOCUMENTS. (a) ANNUAL REPORT.—As part of the annual ‘‘(q) JUDICIAL REVIEW.—Any action seeking agency budget, the Secretary of the Interior (a) DEFINITIONS.—In this section: judicial review of the adequacy of any pro- (acting through the Director of the Bureau (1) AGENCY.—The term ‘‘agency’’ has the gram or site-specific environmental impact of Land Management) and the Secretary of meaning given the term in section 551 of statement under section 102 of the National Agriculture (acting through the Chief of the title 5, United States Code. Environmental Policy Act of 1969 (42 U.S.C. Forest Service) shall submit an annual re- (2) CIRCULATE.—The term ‘‘circulate’’ 4332) concerning oil and gas leasing for on- port detailing, for each field office, the reve- means to distribute an environmental im- shore Federal land shall be barred unless the nues generated by each use of public land. pact statement to another agency for the action is brought in the appropriate district (b) INCLUSIONS.—The report shall include— consideration of that agency. court of the United States by the date that (1) a line item for each use of public land, (3) COOPERATING AGENCY.—The term ‘‘co- is 60 days after the date on which there is including use for— operating agency’’ means any agency, other published in the Federal Register the notice (A) grazing; than a lead agency, that has jurisdiction by of the availability of the environmental im- (B) recreation; law or special expertise with respect to any pact statement.’’. (C) timber; environmental impact involved in a proposal (c) DETERMINATION OF IMPACT OF PROPOSED (D) leasable minerals, including a distinct (or a reasonable alternative) for legislation POLICY MODIFICATIONS.—The Mineral Leasing accounting for each of oil, natural gas, coal, or other major Federal action significantly Act is amended by inserting after section 37 and geothermal development; affecting the quality of the human environ- (30 U.S.C. 193) the following: (E) locatable minerals; ment. (F) renewable energy sources, including a (4) ENVIRONMENTAL ASSESSMENT.—The term ‘‘SEC. 38. DETERMINATION OF IMPACT OF PRO- POSED POLICY MODIFICATIONS. distinct accounting for each of wind and ‘‘environmental assessment’’ has the mean- solar energy; ing given the term in section 1508.9 of title ‘‘(a) DEFINITIONS.—In this section: (G) the sale of land; and 40, Code of Federal Regulations (or a suc- ‘‘(1) DEPARTMENT.—The term ‘Department’ (H) transmission; and cessor regulation). means the Department of the Interior. (2) identification of the total acres des- (5) ENVIRONMENTAL DOCUMENT.—The term ‘‘(2) SECRETARY.—The term ‘Secretary’ ignated as wilderness, wilderness study ‘‘environmental document’’ means an envi- means the Secretary of the Interior. areas, and wild lands. ronmental impact statement or an environ- ‘‘(b) DUTY OF SECRETARY.— (c) AVAILABILITY.—The Secretary of the In- mental assessment. ‘‘(1) IN GENERAL.—Before the modification terior and the Secretary of Agriculture shall (6) ENVIRONMENTAL IMPACT STATEMENT.— and implementation of any onshore oil or make the report prepared under this section The term ‘‘environmental impact state- natural gas preleasing or leasing and devel- publicly available on the applicable agency ment’’ has the meaning given the term in opment policy (as in effect as of January 1, website. section 1508.11 of title 40, Code of Federal 2010) or a policy relating to protecting the SEC. 405. FEDERAL ONSHORE OIL AND NATURAL Regulations (or a successor regulation). GAS PRODUCTION GOAL. wilderness characteristics of public land, the (7) FINDING OF NO SIGNIFICANT IMPACT.—The Secretary shall— (a) IN GENERAL.—The Secretary of the In- terior shall establish a domestic strategic term ‘‘finding of no significant impact’’ has ‘‘(A) complete an economic impact assess- production goal for the development of oil the meaning given the term in section 1508.13 ment in accordance with paragraph (2); and and natural gas managed by the Federal of title 40, Code of Federal Regulations (or a ‘‘(B) issue a determination that the pro- Government. successor regulation). posed policy modification would have the ef- (b) REQUIREMENTS.—In establishing the (8) HUMAN ENVIRONMENT.—The term fects described in paragraph (2)(A). goal under subsection (a), the Secretary ‘‘human environment’’ has the meaning ‘‘(2) REQUIREMENTS.—In carrying out an as- shall— given the term in section 1508.14 of title 40, sessment to determine the impact of a pro- (1) ensure that the United States main- Code of Federal Regulations (or a successor posed policy modification described in para- tains or increases production of Federal on- regulation). graph (1), the Secretary shall— shore oil and natural gas; (9) LEAD AGENCY.—The term ‘‘lead agency’’ ‘‘(A) in consultation with the appropriate (2) ensure that the 10-year production out- has the meaning given the term in section officials of each State (including political look for Federal onshore oil and natural gas 1508.16 of title 40, Code of Federal Regula- subdivisions of the State) in which 1 or more be provided annually; tions (or a successor regulation). parcels of land subject to oil and natural gas (3) examine steps to streamline the permit- (10) MAJOR FEDERAL ACTION.—The term leasing are located and any other appro- ting process to meet the goal; ‘‘major Federal action’’ has the meaning priate individuals or entities, as determined (4) include the goal in each resource man- given the term in section 1508.18 of title 40, by the Secretary— agement plan; and Code of Federal Regulations (or a successor ‘‘(i)(I) carry out an economic analysis of (5) analyze each proposed policy of the De- regulation). the impact of the policy modification on oil- partment of the Interior for the potential (11) NOTICE OF INTENT.—The term ‘‘notice and natural gas-related employment oppor- impact of the policy on achieving the goal of intent’’ has the meaning given the term in tunities and domestic reliance on foreign im- before implementation of the policy. section 1508.22 of title 40, Code of Federal ports of petroleum resources; and SEC. 406. OIL SHALE. Regulations (or a successor regulation). ‘‘(II) certify that the policy modification (a) ADDITIONAL RESEARCH AND DEVELOP- (b) ADOPTION OF EXISTING ENVIRONMENTAL would not result in a detrimental impact on MENT LEASE SALES.—Not later than 180 days ASSESSMENTS.—If an agency determines that employment opportunities relating to oil- after the date of enactment of this Act, the an environmental assessment should be pre- and natural gas-related development or con- Secretary of the Interior shall hold a lease pared for a proposed action relating to oil tribute to an increase in the domestic use of sale in which the Secretary of the Interior and gas development on Federal public land imported petroleum resources; and shall offer an additional 10 parcels for lease or water, the agency shall adopt, in whole or ‘‘(ii) carry out a policy assessment to de- for research, development, and demonstra- in part, an existing Federal draft or final en- termine the manner by which the policy tion of oil shale resources in accordance with vironmental assessment if— modification would impact— the terms offered in the solicitation of bids (1) the existing assessment meets the ‘‘(I) revenues from oil and natural gas re- for the leases described in the notice entitled standards for an adequate assessment under ceipts to the general fund of the Treasury, ‘‘Potential for Oil Shale Development; Call the regulations promulgated by the agency including a certification that the modifica- for Nominations—Oil Shale Research, Devel- and the Council on Environmental Quality; tion would, for the 10-year period beginning opment, and Demonstration (R, D, and D) (2) the action covered by the existing as- on the date of implementation of the modi- Program’’ (74 Fed. Reg. 2611). sessment and the proposed action are sub- fication, not contribute to an aggregate loss (b) APPLICATION OF REGULATIONS.—The stantially the same; and of oil and natural gas receipts; and final rule entitled ‘‘Oil Shale Management— (3) there are no significant new cir- ‘‘(II) revenues to the treasury of each af- General’’ (73 Fed. Reg. 69414), shall apply to cumstances or information relating to the fected State that shares oil and natural gas all commercial leasing for the management quality of the human environment affected receipts with the Federal Government, in- of federally owned oil shale and any associ- by the proposed action. ated minerals located on Federal land. cluding a certification that the modification (c) PUBLICATION OF FINDINGS OF NO SIGNIFI- would, for the 10-year period beginning on SA 1957. Mr. BARRASSO submitted CANT IMPACT AND NOTICES OF INTENT.— the date of implementation of the modifica- an amendment intended to be proposed (1) FINDING OF NO SIGNIFICANT IMPACT.—If a tion, not contribute to an aggregate loss of by him to the bill S. 2204, to eliminate proposed action is determined not to be a oil and natural gas receipts; and major Federal action that significantly af- ‘‘(B) provide notice to the public of, and an unnecessary tax subsidies and promote fects the quality of the human environment opportunity to comment on, the policy modi- renewable energy and energy conserva- under the National Environmental Policy fication in a manner consistent with sub- tion; which was ordered to lie on the Act (42 U.S.C. 4321 et seq.), an agency adopt- chapter II of chapter 5 and chapter 7 of title table; as follows: ing an existing environmental assessment 5, United States Code (commonly known as On page 22, strike lines 4 and 5 and insert under subsection (b) shall publish for public the ‘Administrative Procedure Act’).’’. the following: review a finding of no significant impact in

VerDate Mar 15 2010 07:08 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.031 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2095 accordance with the regulations of the agen- renewable energy and energy conserva- (3) FLOOR STOCK REFUNDS.— cy. tion; which was ordered to lie on the (A) IN GENERAL.—If— (2) NOTICE OF INTENT.—If a proposed action table; as follows: (i) before the tax reduction date, tax has is determined to be a major Federal action been imposed under section 4081 of the Inter- Strike all after the enacting clause and in- that significantly affects the quality of the nal Revenue Code of 1986 on any highway sert the following: human environment under the National En- motor fuel, and vironmental Policy Act of 1969 (42 U.S.C. 4321 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (ii) on such date such fuel is held by a deal- et seq.), an agency adopting an existing envi- (a) SHORT TITLE.—This Act may be cited as er and has not been used and is intended for ronmental assessment under subsection (b) the ‘‘Gas Price Relief Act of 2012’’. sale, shall publish for public review a notice of in- (b) TABLE OF CONTENTS.—The table of con- tents of this Act is as follows: there shall be credited or refunded (without tent in accordance with the regulations of interest) to the person who paid such tax Sec. 1. Short title; table of contents. the agency. (hereafter in this subsection referred to as (d) ADOPTION OF EXISTING ENVIRONMENTAL TITLE I—CONSUMER GAS PRICE RELIEF the ‘‘taxpayer’’) an amount equal to the ex- IMPACT STATEMENTS.—If a proposed action of Sec. 101. Reduction of fuel taxes on high- cess of the tax paid by the taxpayer over the an agency relating to oil and gas develop- way motor fuels. tax which would be imposed on such fuel had ment on Federal public land or water is de- TITLE II—INCREASING DOMESTIC the taxable event occurred on such date. termined to be a major Federal action that TRANSPORTATION FUEL PRODUCTION (B) TIME FOR FILING CLAIMS.—No credit or significantly affects the quality of the Subtitle A—Outer Continental Shelf Leasing refund shall be allowed or made under this human environment under the National En- subsection unless— vironmental Policy Act of 1969 (42 U.S.C. 4321 Sec. 201. Leasing program considered ap- (i) claim therefor is filed with the Sec- et seq.), the agency shall adopt, in whole or proved. retary of the Treasury before the date which in part, an existing Federal draft or final en- Sec. 202. Lease sales. is 6 months after the tax reduction date vironmental impact statement if— Sec. 203. Coastal Impact assistance pro- based on a request submitted to the taxpayer (1) the existing statement meets the stand- gram amendments. before the date which is 3 months after the ards for an adequate statement under the Sec. 204. Seaward boundaries of States. tax date by the dealer who held the highway regulations promulgated by the Council on Subtitle B—Leasing Program for Land motor fuel on such date, and Environmental Quality; Within Coastal Plain (ii) the taxpayer has repaid or agreed to (2) the action covered by the existing Sec. 211. Definitions. repay the amount so claimed to such dealer statement and the proposed action are sub- Sec. 212. Leasing program for land within or has obtained the written consent of such stantially the same; and the Coastal Plain. dealer to the allowance of the credit or the (3) there are no significant new cir- Sec. 213. Lease sales. making of the refund. cumstances or information relating to the Sec. 214. Grant of leases by the Secretary. (C) EXCEPTION FOR FUEL HELD IN RETAIL quality of the human environment affected Sec. 215. Lease terms and conditions. STOCKS.—No credit or refund shall be allowed by the proposed action. Sec. 216. Coastal plain environmental pro- under this subsection with respect to any (e) RECIRCULATION OF ENVIRONMENTAL IM- tection. highway motor fuel in retail stocks held at PACT STATEMENTS.— Sec. 217. Expedited judicial review. the place where intended to be sold at retail. (1) DRAFT STATEMENT.—Subject to para- Sec. 218. Federal and State distribution of (D) DEFINITIONS.—For purposes of this sub- graphs (2) and (3), an agency adopting an en- revenues. section— vironmental impact statement of another Sec. 219. Rights-of-way across the Coastal (i) TAX REDUCTION DATE.—The term ‘‘tax agency shall recirculate the statement as a plain. reduction date’’ means the date of enact- draft statement. Sec. 220. Conveyance. ment of this Act. (2) FINAL STATEMENT.—An agency adopting Sec. 221. Local government impact aid and (ii) OTHER TERMS.—The terms ‘‘dealer’’ and as final the environmental impact statement community service assistance. ‘‘held by a dealer’’ have the respective mean- of another agency may recirculate the state- ings given to such terms by section 6412 of Subtitle C—Approval of Keystone XL ment as a final statement. such Code. Pipeline Project (3) COOPERATING AGENCY.—A cooperating (E) CERTAIN RULES TO APPLY.—Rules simi- agency adopting the environmental impact Sec. 231. Approval of Keystone XL pipeline lar to the rules of subsections (b) and (c) of statement of a lead agency shall not recircu- project. section 6412 of such Code shall apply for pur- late the statement if the cooperating agency TITLE III—CLOSING LOOPHOLES TO poses of this subsection. determines, after an independent review of FUND CONSUMER RELIEF AT THE PUMP (b) RETAIL TAX ON SPECIAL FUELS.— the statement, that the comments and sug- Sec. 301. Modifications of foreign tax cred- (1) SCHOOL BUSES.—Subclause (I) of section gestions of the cooperating agency have been it rules applicable to major integrated 4041(a)(1)(C)(iii) of the Internal Revenue Code satisfied. oil companies which are dual capacity of 1986 is amended by striking ‘‘7.3 cents’’ and inserting ‘‘6.3 cents’’. (f) FINALITY OF ADOPTED DOCUMENT.—An taxpayers. (2) CERTAIN ALTERNATIVE FUELS.—Clause agency may not adopt as final an environ- Sec. 302. Limitation on section 199 deduc- (ii) of section 4041(a)(2)(B) of such Code is mental document prepared by another agen- tion attributable to oil, natural gas, or amended by striking ‘‘24.3 cents’’ and insert- cy if, at the time of the proposed adoption— primary products thereof. ing ‘‘23.3 cents’’. (1) the existing document was not final Sec. 303. Limitation on deduction for in- (3) COMPRESSED NATURAL GAS.—Subpara- within the agency that prepared the environ- tangible drilling and development graph (A) of section 4041(a)(3) of such Code is mental document; costs. amended by striking ‘‘18.3 cents’’ and insert- (2) the adequacy of the existing document Sec. 304. Transfer of revenues to Highway ing ‘‘17.3 cents’’. is the subject of a pending judicial action; or Trust Fund. (3) in the case of an environmental impact (4) CERTAIN ALCOHOL FUELS.—Subparagraph statement, the action the existing statement TITLE I—CONSUMER GAS PRICE RELIEF (A) of section 4041(m) of such Code is amend- assesses is the subject of a referral under SEC. 101. REDUCTION OF FUEL TAXES ON HIGH- ed— part 1504 of title 40, Code of Federal Regula- WAY MOTOR FUELS. (A) by striking ‘‘9.15 cents’’ in clause (i) tions (commonly known as ‘‘Predecision re- (a) TAXABLE FUELS.— and inserting ‘‘8.15 cents’’, and ferrals to the Council of proposed Federal ac- (1) IN GENERAL.—Subparagraph (A) of sec- (B) by striking ‘‘11.3 cents’’ in clause (ii) tions determined to be environmentally un- tion 4081(a)(2) of the Internal Revenue Code and inserting ‘‘10.3 cents’’. satisfactory’’) (or a successor regulation). of 1986 is amended— (c) EFFECTIVE DATE.—The amendment (g) JUDICIAL REVIEW.—The decision of an (A) by striking ‘‘18.3 cents’’ in clause (i) made by this section shall take effect on the agency to adopt, in whole or in part, an ex- and inserting ‘‘17.3 cents’’, date of the enactment of this Act. isting environmental assessment or environ- (B) by striking ‘‘and’’ at the end of clause (d) SENSE OF THE SENATE REGARDING CON- mental impact statement shall not be sub- (ii), and SUMER RELIEF.—It is the sense of the Senate ject to judicial review. (C) by striking clause (iii) and inserting that the reduction in tax rates under the (h) REGULATIONS.—Notwithstanding any the following new clauses: amendments made by this section is for the other provision of this section, an agency ‘‘(iii) in the case of aviation-grade ker- purpose of lowering consumer gas prices. shall not adopt, in whole or in part, an exist- osene, 24.3 cents per gallon, and TITLE II—INCREASING DOMESTIC ing environmental impact statement when ‘‘(iv) in the case of diesel fuel or kerosene TRANSPORTATION FUEL PRODUCTION issuing a proposed or final rule. not described in clause (iii), 23.3 cents per Subtitle A—Outer Continental Shelf Leasing TITLE IV—BUDGETARY EFFECTS gallon’’. SEC. 201. LEASING PROGRAM CONSIDERED AP- (2) CONFORMING AMENDMENT.—Subpara- SEC. 401. DEFICIT REDUCTION. PROVED. graph (D) of section 4081(a)(2) of such Code is (a) IN GENERAL.—The Draft Proposed Outer amended by striking ‘‘subparagraph (A)(iii) Continental Shelf Oil and Gas Leasing Pro- SA 1958. Mr. HELLER submitted an shall be applied by substituting ‘19.7 cents’ gram 2010–2015 issued by the Secretary of the amendment intended to be proposed by for ‘24.3 cents’ ’’ and inserting ‘‘subparagraph Interior (referred to in this section as the him to the bill S. 2204, to eliminate un- (A)(iv) shall be applied by substituting ‘17.7 ‘‘Secretary’’) under section 18 of the Outer necessary tax subsidies and promote cents’ for ‘23.3 cents’ ’’. Continental Shelf Lands Act (43 U.S.C. 1344)

VerDate Mar 15 2010 07:08 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.029 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2096 CONGRESSIONAL RECORD — SENATE March 27, 2012 is considered to have been approved by the ‘‘(ii) ensuring that allocations to producing Subtitle B—Leasing Program for Land Within Secretary as a final oil and gas leasing pro- States under subsection (b) are adequately Coastal Plain gram under that section. funded; and SEC. 211. DEFINITIONS. (b) FINAL ENVIRONMENTAL IMPACT STATE- ‘‘(iii) any modifications to the authorized In this subtitle: MENT.—The Secretary is considered to have uses for payments under subsection (d). (1) COASTAL PLAIN.—The term ‘‘Coastal issued a final environmental impact state- ‘‘(B) CLEAN WATER.—Not later than 180 Plain’’ means that area identified as the ment for the program described in subsection days after the date of enactment of this sub- ‘‘1002 Coastal Plain Area’’ on the map. (a) in accordance with all requirements section, the Secretary and the Administrator (2) FEDERAL AGREEMENT.—The term ‘‘Fed- under section 102(2)(C) of the National Envi- of the Environmental Protection Agency eral Agreement’’ means the Federal Agree- ronmental Policy Act of 1969 (42 U.S.C. shall jointly develop procedures for stream- ment and Grant Right-of-Way for the Trans- 4332(2)(C)). lining the permit process required under the Alaska Pipeline issued on January 23, 1974, Federal Water Pollution Control Act (33 (c) EXCEPTIONS.—Notwithstanding sub- in accordance with section 28 of the Mineral sections (a) and (b), lease sales 214, 232, and U.S.C. 1251 et seq.) and State laws for res- Leasing Act (30 U.S.C. 185) and the Trans- toration projects that are included in an ap- 239 shall not be included in the final leasing Alaska Pipeline Authorization Act (43 U.S.C. proved plan under subsection (c). program for 2013-2018. 1651 et seq.). ‘‘(C) ENVIRONMENTAL REQUIREMENTS.—A (3) FINAL STATEMENT.—The term ‘‘Final SEC. 202. LEASE SALES. project funded under this section that does Statement’’ means the final legislative envi- (a) OUTER CONTINENTAL SHELF.— not involve wetlands shall not be subject to ronmental impact statement on the Coastal (1) IN GENERAL.—Except as provided in environmental review requirements under Plain, dated April 1987, and prepared pursu- paragraph (2), not later than 30 days after Federal law. ant to section 1002 of the Alaska National In- the date of enactment of this Act and every ‘‘(2) COST-SHARING REQUIREMENTS.—Any terest Lands Conservation Act (16 U.S.C. 270 days thereafter, the Secretary of the In- amounts made available to producing States 3142) and section 102(2)(C) of the National En- terior (referred to in this section as the under this section may be used to meet the ‘‘Secretary’’) shall conduct a lease sale in cost-sharing requirements of other Federal vironmental Policy Act of 1969 (42 U.S.C. each outer Continental Shelf planning area grant programs, including grant programs 4332(2)(C)). for which the Secretary determines that that support coastal wetland protection and (4) MAP.—The term ‘‘map’’ means the map there is a commercial interest in purchasing restoration. entitled ‘‘Arctic National Wildlife Refuge’’, dated September 2005, and prepared by the Federal oil and gas leases for production on ‘‘(3) EXPEDITED FUNDING.—Not later than the outer Continental Shelf. 180 days after the date of enactment of this United States Geological Survey. (5) SECRETARY.—The term ‘‘Secretary’’ (2) SUBSEQUENT DETERMINATIONS AND subsection, the Secretary shall develop a means the Secretary of the Interior (or the SALES.—If the Secretary determines that procedure to provide expedited funding to there is not a commercial interest in pur- projects under this section based on esti- designee of the Secretary), acting through chasing Federal oil and gas leases for produc- mated revenues to ensure that the projects the Director of the Bureau of Land Manage- tion on the outer Continental Shelf in a may— ment, in consultation with the Director of planning area under this subsection, not ‘‘(A) secure additional funds from other the United States Fish and Wildlife Service. later than 2 years after the date of enact- sources; and SEC. 212. LEASING PROGRAM FOR LAND WITHIN ment of the determination and every 2 years ‘‘(B) use the amounts made available under THE COASTAL PLAIN. thereafter, the Secretary shall— this section on receipt.’’. (a) IN GENERAL.—The Secretary shall take (A) determine whether there is a commer- SEC. 204. SEAWARD BOUNDARIES OF STATES. such actions as are necessary— cial interest in purchasing Federal oil and (a) SEAWARD BOUNDARIES.—Section 4 of the (1) to establish and implement, in accord- gas leases for production on the outer Conti- Submerged Lands Act (43 U.S.C. 1312) is ance with this subtitle, a competitive oil and nental Shelf in the planning area; and amended by striking ‘‘three geographical gas leasing program that will result in an en- (B) if the Secretary determines that there miles’’ each place it appears and inserting vironmentally sound program for the explo- is a commercial interest described in sub- ‘‘12 nautical miles’’. ration, development, and production of the paragraph (A), conduct a lease sale in the (b) CONFORMING AMENDMENTS.—Section 2 of oil and gas resources of the Coastal Plain; planning area. the Submerged Lands Act (43 U.S.C. 1301) is and amended— (2) to administer this subtitle through reg- (b) RENEWABLE ENERGY AND (1) in subsection (a)(2), by striking ‘‘three ulations, lease terms, conditions, restric- MARICULTURE.—The Secretary may conduct geographical miles’’ and inserting ‘‘12 nau- tions, prohibitions, stipulations, and other commercial lease sales of resources owned by tical miles’’; and provisions that— United States— (2) in subsection (b)— (A) ensure the oil and gas exploration, de- (1) to produce renewable energy (as defined (A) by striking ‘‘three geographical miles’’ velopment, and production activities on the in section 203(b) of the Energy Policy Act of and inserting ‘‘12 nautical miles’’; and Coastal Plain will result in no significant ad- 2005 (42 U.S.C. 15852(b))); or (B) by striking ‘‘three marine leagues’’ and verse effect on fish and wildlife, their habi- (2) to cultivate marine organisms in the inserting ‘‘12 nautical miles’’. tat, subsistence resources, and the environ- natural habitat of the organisms. (c) EFFECT OF AMENDMENTS.— ment; and SEC. 203. COASTAL IMPACT ASSISTANCE PRO- (1) IN GENERAL.—Subject to paragraphs (2) (B) require the application of the best com- GRAM AMENDMENTS. through (4), the amendments made by this mercially available technology for oil and Section 31 of the Outer Continental Shelf section shall not effect Federal oil and gas gas exploration, development, and produc- Lands Act (43 U.S.C. 1356a) is amended— mineral rights. tion to all exploration, development, and (1) in subsection (c), by adding at the end (2) SUBMERGED LAND.—Submerged land production operations under this subtitle in the following: within the seaward boundaries of States a manner that ensures the receipt of fair ‘‘(5) APPLICATION REQUIREMENTS; AVAIL- shall be— market value by the public for the mineral ABILITY OF FUNDING.—On approval of a plan (A) subject to Federal oil and gas mineral resources to be leased. by the Secretary under this section, the pro- rights to the extent provided by law; (b) REPEAL.— ducing State shall— (B) considered to be part of the Federal (1) REPEAL.—Section 1003 of the Alaska Na- ‘‘(A) not be subject to any additional appli- outer Continental Shelf for purposes of the tional Interest Lands Conservation Act of cation or other requirements (other than no- Outer Continental Shelf Lands Act (43 U.S.C. 1980 (16 U.S.C. 3143) is repealed. tifying the Secretary of which projects are 1331 et seq.); and (2) CONFORMING AMENDMENT.—The table of being carried out under the plan) to receive (C) subject to leasing under the authority contents contained in section 1 of that Act the payments; and of that Act and to laws applicable to the (16 U.S.C. 3101 note) is amended by striking ‘‘(B) be immediately eligible to receive leasing of the oil and gas resources of the the item relating to section 1003. payments under this section.’’; and Federal outer Continental Shelf. (3) COMPLIANCE WITH NEPA FOR OTHER AC- (2) by adding at the end the following: (3) EXISTING LEASES.—The amendments TIONS.— ‘‘(e) FUNDING.— made by this section shall not affect any (A) IN GENERAL.—Before conducting the ‘‘(1) STREAMLINING.— Federal oil and gas lease in effect on the date first lease sale under this subtitle, the Sec- ‘‘(A) REPORT.—Not later than 180 days of enactment of this Act. retary shall prepare an environmental im- after the date of enactment of this sub- (4) TAXATION.— pact statement in accordance with the Na- section, the Secretary of the Interior (acting (A) IN GENERAL.—Subject to subparagraph tional Environmental Policy Act of 1969 (42 through the Director of the Minerals Man- (B), a State may exercise all of the sovereign U.S.C. 4321 et seq.) with respect to the ac- agement Service) (referred to in this sub- powers of taxation of the State within the tions authorized by this subtitle that are not section as the ‘Secretary’) shall develop a entire extent of the seaward boundaries of referred to in paragraph (2). plan that addresses streamlining the process the State (as extended by the amendments (B) IDENTIFICATION AND ANALYSIS.—Not- by which payments are made under this sec- made by this section). withstanding any other provision of law, in tion, including recommendations for— (B) LIMITATION.—Nothing in this paragraph carrying out this paragraph, the Secretary ‘‘(i) decreasing the time required to ap- affects the authority of a State to tax any shall not be required— prove plans submitted under subsection Federal oil and gas lease in effect on the date (i) to identify nonleasing alternative (c)(1); of enactment of this Act. courses of action; or

VerDate Mar 15 2010 06:05 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.032 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2097 (ii) to analyze the environmental effects of SEC. 213. LEASE SALES. (5) provide that the standard of reclama- those courses of action. (a) IN GENERAL.—Land may be leased pur- tion for land required to be reclaimed under (C) IDENTIFICATION OF PREFERRED ACTION.— suant to this subtitle to any person qualified this subtitle shall be, to the maximum ex- Not later than 18 months after the date of to obtain a lease for deposits of oil and gas tent practicable— enactment of this Act, the Secretary shall— under the Mineral Leasing Act (30 U.S.C. 181 (A) a condition capable of supporting the (i) identify only a preferred action and a et seq.). uses that the land was capable of supporting single leasing alternative for the first lease (b) PROCEDURES.—The Secretary shall, by prior to any exploration, development, or sale authorized under this subtitle; and regulation, establish procedures for— production activities; or (ii) analyze the environmental effects and (1) receipt and consideration of sealed (B) on application by the lessee, to a high- potential mitigation measures for those 2 al- nominations for any area in the Coastal er or better standard, as approved by the ternatives. Plain for inclusion in, or exclusion (as pro- Secretary; (D) PUBLIC COMMENTS.—In carrying out vided in subsection (c)) from, a lease sale; (6) contain terms and conditions relating this paragraph, the Secretary shall consider (2) the holding of lease sales after that to protection of fish and wildlife, fish and only public comments that are filed not later nomination process; and wildlife habitat, subsistence resources, and than 20 days after the date of publication of (3) public notice of and comment on des- the environment as required under section a draft environmental impact statement. ignation of areas to be included in, or ex- 212(a)(2); (E) EFFECT OF COMPLIANCE.—Notwith- cluded from, a lease sale. (7) provide that each lessee, and each agent standing any other provision of law, compli- (c) LEASE SALE BIDS.—Bidding for leases and contractor of a lessee, use their best ef- ance with this paragraph shall be considered under this subtitle shall be by sealed com- forts to provide a fair share of employment to satisfy all requirements for the analysis petitive cash bonus bids. and contracting for Alaska Natives and Alas- and consideration of the environmental ef- (d) ACREAGE MINIMUM IN FIRST SALE.—For ka Native Corporations from throughout the fects of proposed leasing under this subtitle. the first lease sale under this subtitle, the State of Alaska, as determined by the level (c) RELATIONSHIP TO STATE AND LOCAL AU- Secretary shall offer for lease those tracts of obligation previously agreed to in the Fed- THORITY.—Nothing in this subtitle expands the Secretary considers to have the greatest eral Agreement; and or limits any State or local regulatory au- potential for the discovery of hydrocarbons, (8) contain such other provisions as the thority. taking into consideration nominations re- Secretary determines to be necessary to en- (d) SPECIAL AREAS.— ceived pursuant to subsection (b)(1), but in sure compliance with this subtitle and the (1) DESIGNATION.— no case less than 200,000 acres. regulations promulgated under this subtitle. (A) IN GENERAL.—The Secretary, after con- (e) TIMING OF LEASE SALES.—The Secretary sultation with the State of Alaska, the SEC. 216. COASTAL PLAIN ENVIRONMENTAL PRO- shall— TECTION. North Slope Borough, Alaska, and the City (1) not later than 22 months after the date of Kaktovik, Alaska, may designate not (a) NO SIGNIFICANT ADVERSE EFFECT of enactment of this Act, conduct the first STANDARD TO GOVERN AUTHORIZED COASTAL more than 45,000 acres of the Coastal Plain lease sale under this subtitle; as a special area if the Secretary determines PLAIN ACTIVITIES.—In accordance with sec- (2) not later than 90 days after the date of tion 212, the Secretary shall administer this that the special area would be of such unique the completion of the sale, evaluate the bids character and interest as to require special subtitle through regulations, lease terms, in the sale and issue leases resulting from conditions, restrictions, prohibitions, stipu- management and regulatory protection. the sale; and (B) SADLEROCHIT SPRING AREA.—The Sec- lations, or other provisions that— (3) conduct additional sales at appropriate (1) ensure, to the maximum extent prac- retary shall designate as a special area in ac- intervals if sufficient interest in exploration cordance with subparagraph (A) the ticable, that oil and gas exploration, devel- or development exists to warrant the con- opment, and production activities on the Sadlerochit Spring area, comprising approxi- duct of the additional sales. mately 4,000 acres as depicted on the map. Coastal Plain will result in no significant ad- SEC. 214. GRANT OF LEASES BY THE SECRETARY. (2) MANAGEMENT.—The Secretary shall verse effect on fish and wildlife, fish and (a) IN GENERAL.—On payment by a lessee of manage each special area designated under wildlife habitat, and the environment; such bonus as may be accepted by the Sec- this subsection in a manner that preserves (2) require the application of the best com- retary, the Secretary may grant to the high- the unique and diverse character of the area, mercially available technology for oil and est responsible qualified bidder in a lease including fish, wildlife, subsistence re- gas exploration, development, and produc- sale conducted pursuant to section 213 a sources, and cultural values of the area. tion on all new exploration, development, lease for any land on the Coastal Plain. (3) EXCLUSION FROM LEASING OR SURFACE and production operations; and (b) SUBSEQUENT TRANSFERS.— OCCUPANCY.— (3) ensure that the maximum surface acre- (1) IN GENERAL.—No lease issued under this (A) IN GENERAL.—The Secretary may ex- age covered in connection with the leasing subtitle may be sold, exchanged, assigned, clude any special area designated under this program by production and support facili- sublet, or otherwise transferred except with subsection from leasing. ties, including airstrips and any areas cov- the approval of the Secretary. (B) NO SURFACE OCCUPANCY.—If the Sec- ered by gravel berms or piers for support of (2) CONDITION FOR APPROVAL.—Before retary leases all or a portion of a special pipelines, does not exceed 2,000 acres on the granting any approval described in para- area for the purposes of oil and gas explo- Coastal Plain. graph (1), the Secretary shall consult with ration, development, production, and related (b) SITE-SPECIFIC ASSESSMENT AND MITIGA- and give due consideration to the opinion of activities, there shall be no surface occu- TION.—The Secretary shall require, with re- the Attorney General. pancy of the land comprising the special spect to any proposed drilling and related ac- area. SEC. 215. LEASE TERMS AND CONDITIONS. tivities on the Coastal Plain, that— (4) DIRECTIONAL DRILLING.—Notwith- An oil or gas lease issued pursuant to this (1) a site-specific analysis be made of the standing any other provision of this sub- subtitle shall— probable effects, if any, that the drilling or section, the Secretary may lease all or a por- (1) provide for the payment of a royalty of related activities will have on fish and wild- tion of a special area under terms that per- not less than 121⁄2 percent of the amount or life, fish and wildlife habitat, subsistence re- mit the use of horizontal drilling technology value of the production removed or sold from sources, subsistence uses, and the environ- from sites on leases located outside the spe- the lease, as determined by the Secretary in ment; cial area. accordance with regulations applicable to (2) a plan be implemented to avoid, mini- (e) LIMITATION ON CLOSED AREAS.—The Sec- other Federal oil and gas leases; mize, and mitigate (in that order and to the retary may not close land within the Coastal (2) provide that the Secretary may close, maximum extent practicable) any signifi- Plain to oil and gas leasing or to explo- on a seasonal basis, such portions of the cant adverse effect identified under para- ration, development, or production except in Coastal Plain to exploratory drilling activi- graph (1); and accordance with this subtitle. ties as are necessary to protect caribou (3) the development of the plan shall occur (f) REGULATIONS.— calving areas and other species of fish and after consultation with the 1 or more agen- (1) IN GENERAL.—Not later than 15 months wildlife; cies having jurisdiction over matters miti- after the date of enactment of this Act, the (3) require that each lessee of land within gated by the plan. Secretary shall promulgate such regulations the Coastal Plain shall be fully responsible (c) REGULATIONS TO PROTECT COASTAL as are necessary to carry out this subtitle, and liable for the reclamation of land within PLAIN FISH AND WILDLIFE RESOURCES, SUB- including rules and regulations relating to the Coastal Plain and any other Federal land SISTENCE USERS, AND THE ENVIRONMENT.—Be- protection of the fish and wildlife, fish and that is adversely affected in connection with fore implementing the leasing program au- wildlife habitat, subsistence resources, and exploration, development, production, or thorized by this subtitle, the Secretary shall environment of the Coastal Plain. transportation activities within the Coastal prepare and issue regulations, lease terms, (2) REVISION OF REGULATIONS.—The Sec- Plain conducted by the lessee or by any of conditions, restrictions, prohibitions, stipu- retary shall periodically review and, as ap- the subcontractors or agents of the lessee; lations, or other measures designed to en- propriate, revise the rules and regulations (4) provide that the lessee may not dele- sure, to the maximum extent practicable, issued under paragraph (1) to reflect any sig- gate or convey, by contract or otherwise, that the activities carried out on the Coastal nificant biological, environmental, scientific that reclamation responsibility and liability Plain under this subtitle are conducted in a or engineering data that come to the atten- to another person without the express writ- manner consistent with the purposes and en- tion of the Secretary. ten approval of the Secretary; vironmental requirements of this subtitle.

VerDate Mar 15 2010 06:05 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.032 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2098 CONGRESSIONAL RECORD — SENATE March 27, 2012

(d) COMPLIANCE WITH FEDERAL AND STATE mestic wastewater, including, in accordance date on which the action being challenged ENVIRONMENTAL LAWS AND OTHER REQUIRE- with applicable Federal and State environ- was carried out; or MENTS.—The proposed regulations, lease mental laws (including regulations)— (B) in the case of a complaint based solely terms, conditions, restrictions, prohibitions, (A) preparation of an annual waste man- on grounds arising after the 90-day period de- and stipulations for the leasing program agement report; scribed in subparagraph (A), by not later under this subtitle shall require— (B) development and implementation of a than 90 days after the date on which the (1) compliance with all applicable provi- hazardous materials tracking system; and complainant knew or reasonably should have sions of Federal and State environmental (C) prohibition on the use of chlorinated known about the grounds for the complaint. law (including regulations); solvents; (2) VENUE.—A complaint seeking judicial (2) implementation of and compliance (7) fuel storage and oil spill contingency review of a provision of this subtitle or an with— planning; action of the Secretary under this subtitle (A) standards that are at least as effective (8) conduct of periodic field crew environ- shall be filed in the United States Court of as the safety and environmental mitigation mental briefings; Appeals for the District of Columbia Circuit. measures, as described in items 1 through 29 (9) avoidance of significant adverse effects (3) SCOPE.— on pages 167 through 169 of the Final State- on subsistence hunting, fishing, and trap- (A) IN GENERAL.—Judicial review of a deci- ment, on the Coastal Plain; ping; sion of the Secretary relating to a lease sale (B) seasonal limitations on exploration, de- (10) compliance with applicable air and under this subtitle (including an environ- velopment, and related activities, as nec- water quality standards; mental analysis of such a lease sale) shall essary, to avoid significant adverse effects (11) appropriate seasonal and safety zone be— during periods of concentrated fish and wild- designations around well sites, within which (i) limited to a review of whether the deci- life breeding, denning, nesting, spawning, subsistence hunting and trapping shall be sion is in accordance with this subtitle; and and migration; limited; and (ii) based on the administrative record of (C) design safety and construction stand- (12) development and implementation of the decision. ards for all pipelines and any access and such other protective environmental require- (B) PRESUMPTIONS.—Any identification by service roads that minimize, to the max- ments, restrictions, terms, or conditions as the Secretary of a preferred course of action imum extent practicable, adverse effects the Secretary determines to be necessary. relating to a lease sale, and any analysis by on— (e) CONSIDERATIONS.—In preparing and the Secretary of environmental effects, (i) the passage of migratory species (such issuing regulations, lease terms, conditions, under this subtitle shall be presumed to be restrictions, prohibitions, or stipulations as caribou); and correct unless proven otherwise by clear and under this section, the Secretary shall take (ii) the flow of surface water by requiring convincing evidence. into consideration— the use of culverts, bridges, or other struc- (b) LIMITATION ON OTHER REVIEW.—Any ac- tural devices; (1) the stipulations and conditions that tion of the Secretary that is subject to judi- (D) prohibitions on general public access govern the National Petroleum Reserve- cial review under this section shall not be to, and use of, all pipeline access and service Alaska leasing program, as set forth in the subject to judicial review in any civil or roads; 1999 Northeast National Petroleum Reserve- criminal proceeding for enforcement. (E) stringent reclamation and rehabilita- Alaska Final Integrated Activity Plan/Envi- SEC. 218. FEDERAL AND STATE DISTRIBUTION OF tion requirements in accordance with this ronmental Impact Statement; REVENUES. subtitle for the removal from the Coastal (2) the environmental protection standards (a) IN GENERAL.—Notwithstanding any Plain of all oil and gas development and pro- that governed the initial Coastal Plain seis- other provision of law, of the amount of ad- duction facilities, structures, and equipment mic exploration program under parts 37.31 justed bonus, rental, and royalty revenues on completion of oil and gas production oper- through 37.33 of title 50, Code of Federal Reg- from Federal oil and gas leasing and oper- ations, except in a case in which the Sec- ulations (or successor regulations); and ations authorized under this subtitle for retary determines that those facilities, (3) the land use stipulations for explor- each fiscal year— structures, or equipment— atory drilling on the KIC–ASRC private land (1) 50 percent shall be paid to the State of (i) would assist in the management of the described in Appendix 2 of the agreement be- Alaska; and Arctic National Wildlife Refuge; and tween Arctic Slope Regional Corporation and (2) except as provided in section 221(d), the (ii) are donated to the United States for the United States dated August 9, 1983. balance shall be deposited in the Treasury that purpose; (f) FACILITY CONSOLIDATION PLANNING.— and used for Federal budget deficit reduc- (F) appropriate prohibitions or restrictions (1) IN GENERAL.—After providing for public tion. on— notice and comment, the Secretary shall pre- (b) PAYMENTS TO ALASKA.—Payments to (i) access by all modes of transportation; pare and periodically update a plan to gov- the State of Alaska under this section shall (ii) sand and gravel extraction; and ern, guide, and direct the siting and con- be made semiannually. (iii) use of explosives; struction of facilities for the exploration, de- SEC. 219. RIGHTS-OF-WAY ACROSS THE COASTAL (G) reasonable stipulations for protection velopment, production, and transportation of PLAIN. of cultural and archaeological resources; oil and gas resources from the Coastal Plain. (a) IN GENERAL.—The Secretary shall issue (H) measures to protect groundwater and (2) OBJECTIVES.—The objectives of the plan rights-of-way and easements across the surface water, including— shall be— Coastal Plain for the transportation of oil (i) avoidance, to the maximum extent (A) the avoidance of unnecessary duplica- and gas— practicable, of springs, streams, and river tion of facilities and activities; (1) except as provided in paragraph (2), systems; (B) the encouragement of consolidation of under section 28 of the Mineral Leasing Act (ii) the protection of natural surface drain- common facilities and activities; (30 U.S.C. 185), without regard to title XI of age patterns and wetland and riparian habi- (C) the location or confinement of facili- the Alaska National Interest Lands Con- tats; and ties and activities to areas that will mini- servation Act (16 U.S.C. 3161 et seq.); and (iii) the regulation of methods or tech- mize impact on fish and wildlife, fish and (2) under title XI of the Alaska National niques for developing or transporting ade- wildlife habitat, subsistence resources, and Interest Lands Conservation Act (16 U.S.C. quate supplies of water for exploratory drill- the environment; 3161 et seq.), for access authorized by sec- ing; and (D) the use of existing facilities, to the tions 1110 and 1111 of that Act (16 U.S.C. 3170, (I) research, monitoring, and reporting re- maximum extent practicable; and 3171). quirements. (E) the enhancement of compatibility be- (b) TERMS AND CONDITIONS.—The Secretary (3) that exploration activities (except sur- tween wildlife values and development ac- shall include in any right-of-way or ease- face geological studies) be limited to the pe- tivities. ment issued under subsection (a) such terms riod between approximately November 1 and (g) ACCESS TO PUBLIC LAND.—The Sec- and conditions as may be necessary to en- May 1 of each year and be supported, if nec- retary shall— sure that transportation of oil and gas does essary, by ice roads, winter trails with ade- (1) manage public land in the Coastal Plain not result in a significant adverse effect on quate snow cover, ice pads, ice airstrips, and in accordance with subsections (a) and (b) of the fish and wildlife, subsistence resources, air transport methods (except that those ex- section 811 of the Alaska National Interest their habitat, and the environment of the ploration activities may be permitted at Lands Conservation Act (16 U.S.C. 3121); and Coastal Plain, including requirements that other times if the Secretary determines that (2) ensure that local residents shall have facilities be sited or designed so as to avoid the exploration will have no significant ad- reasonable access to public land in the unnecessary duplication of roads and pipe- verse effect on fish and wildlife, fish and Coastal Plain for traditional uses. lines. wildlife habitat, and the environment of the SEC. 217. EXPEDITED JUDICIAL REVIEW. (c) REGULATIONS.—The Secretary shall in- Coastal Plain); (a) FILING OF COMPLAINTS.— clude in regulations under section 212(f) pro- (4) consolidation of facility siting; (1) DEADLINE.—A complaint seeking judi- visions granting rights-of-way and ease- (5) avoidance or reduction of air traffic-re- cial review of a provision of this subtitle or ments described in subsection (a). lated disturbance to fish and wildlife; an action of the Secretary under this sub- SEC. 220. CONVEYANCE. (6) treatment and disposal of hazardous title shall be filed— Notwithstanding section 1302(h)(2) of the and toxic wastes, solid wastes, reserve pit (A) except as provided in subparagraph (B), Alaska National Interest Lands Conserva- fluids, drilling muds and cuttings, and do- during the 90-day period beginning on the tion Act (16 U.S.C. 3192(h)(2)), to remove any

VerDate Mar 15 2010 06:05 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.032 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2099

cloud on title to land, and to clarify land (d) ESTABLISHMENT OF FUND.— tember 19, 2008 (as supplemented and amend- ownership patterns in the Coastal Plain, the (1) IN GENERAL.—There is established in the ed), TransCanada Keystone Pipeline, L.P. Secretary shall— Treasury the ‘‘Coastal Plain Local Govern- shall comply with the following conditions: (1) to the extent necessary to fulfill the en- ment Impact Aid Assistance Fund’’ (referred (1) TransCanada Keystone Pipeline, L.P. titlement of the Kaktovik Inupiat Corpora- to in this section as the ‘‘Fund’’). shall comply with all applicable Federal and tion under sections 12 and 14 of the Alaska (2) USE.—Amounts in the Fund may be State laws (including regulations) and all ap- Native Claims Settlement Act (43 U.S.C. used only for providing financial assistance plicable industrial codes regarding the con- 1611, 1613), as determined by the Secretary, under this section. struction, connection, operation, and main- convey to that Corporation the surface es- (3) DEPOSITS.—Subject to paragraph (4), tenance of the facilities. tate of the land described in paragraph (1) of there shall be deposited into the Fund (2) Except as provided in subsection (a)(2), Public Land Order 6959, in accordance with amounts received by the United States as TransCanada Keystone Pipeline, L.P. shall the terms and conditions of the agreement revenues derived from rents, bonuses, and comply with all requisite permits from Cana- between the Secretary, the United States royalties from Federal leases and lease sales dian authorities and applicable Federal, Fish and Wildlife Service, the Bureau of authorized under this subtitle. State, and local government agencies in the Land Management, and the Kaktovik (4) LIMITATION ON DEPOSITS.—The total United States. Inupiat Corporation, dated January 22, 1993; amount in the Fund may not exceed (3) TransCanada Keystone Pipeline, L.P. and $11,000,000. shall take all appropriate measures to pre- (2) convey to the Arctic Slope Regional (5) INVESTMENT OF BALANCES.—The Sec- vent or mitigate any adverse environmental Corporation the remaining subsurface estate retary of the Treasury shall invest amounts impact or disruption of historic properties in to which that Corporation is entitled under in the Fund in interest bearing government connection with the construction, connec- the agreement between that corporation and securities. tion, operation, and maintenance of the fa- the United States, dated August 9, 1983. (e) AUTHORIZATION OF APPROPRIATIONS.— cilities. SEC. 221. LOCAL GOVERNMENT IMPACT AID AND There is authorized to be appropriated to the (4) The construction, connection, oper- COMMUNITY SERVICE ASSISTANCE. Secretary from the Fund to provide financial ation, and maintenance of the facilities shall (a) FINANCIAL ASSISTANCE AUTHORIZED.— assistance under this section $5,000,000 for be— (1) IN GENERAL.—The Secretary may use each fiscal year. (A) in all material respects, similar to that amounts available from the Coastal Plain described in— Subtitle C—Approval of Keystone XL Pipeline Local Government Impact Aid Assistance (i) the application filed with the Depart- Fund established by subsection (d) to provide Project ment of State on September 19, 2008 (as sup- timely financial assistance to entities that SEC. 231. APPROVAL OF KEYSTONE XL PIPELINE plemented and amended); and are eligible under paragraph (2). PROJECT. (ii) the final environmental impact state- (2) ELIGIBLE ENTITIES.—The North Slope (a) APPROVAL OF CROSS-BORDER FACILI- ment described in subsection (b)(1); and Borough, the City of Kaktovik, and any TIES.— (B) carried out in accordance with— other borough, municipal subdivision, vil- (1) IN GENERAL.—In accordance with sec- (i) the construction, mitigation, and rec- lage, or other community in the State of tion 8 of article 1 of the Constitution (dele- lamation measures agreed to for the project Alaska that is directly impacted by explo- gating to Congress the power to regulate in the construction mitigation and reclama- ration for, or the production of, oil or gas on commerce with foreign nations), Trans- tion plan contained in appendix B of the the Coastal Plain under this subtitle, as de- Canada Keystone Pipeline, L.P. is authorized final environmental impact statement de- termined by the Secretary, shall be eligible to construct, connect, operate, and maintain scribed in subsection (b)(1); for financial assistance under this section. pipeline facilities, subject to subsection (c), (ii) the special conditions agreed to be- (b) USE OF ASSISTANCE.—Financial assist- for the import of crude oil and other hydro- tween the owners and operators of the ance under this section may be used only— carbons at the United States-Canada Border project and the Administrator of the Pipe- (1) to plan for mitigation, implement a at Phillips County, Montana, in accordance line and Hazardous Materials Safety Admin- mitigation plan, or maintain a mitigation with the application filed with the Depart- istration of the Department of Transpor- project to address the potential effects of oil ment of State on September 19, 2008 (as sup- tation, as contained in appendix U of the and gas exploration and development on en- plemented and amended). final environmental impact statement; vironmental, social, cultural, recreational, (2) PERMIT.—Notwithstanding any other (iii) the measures identified in appendix H and subsistence resources of the community; provision of law, no permit pursuant to Ex- of the final environmental impact state- (2) to develop, carry out, and maintain— ecutive Order 13337 (3 U.S.C. 301 note) or any ment, if the modified route submitted by the (A) a project to provide new or expanded other similar Executive Order regulating State of Nebraska to the Secretary of State public facilities; or construction, connection, operation, or crosses the Sand Hills region; and (B) services to address the needs and prob- maintenance of facilities at the borders of (iv) the stipulations identified in appendix lems associated with the effects described in the United States, and no additional envi- S of the final environmental impact state- paragraph (1), including firefighting, police, ronmental impact statement, shall be re- ment. water and waste treatment, first responder, quired for TransCanada Keystone Pipeline, (d) ROUTE IN NEBRASKA.— and other medical services; and L.P. to construct, connect, operate, and (1) IN GENERAL.—Any route and construc- (3) to establish a local coordination office, maintain the facilities described in para- tion, mitigation, and reclamation measures to be managed by the Mayor of the North graph (1). for the project in the State of Nebraska that Slope Borough, in coordination with the City (b) CONSTRUCTION AND OPERATION OF KEY- is identified by the State of Nebraska and of Kaktovik, Alaska— STONE XL PIPELINE IN UNITED STATES.— submitted to the Secretary of State under (A) to coordinate with and advise devel- (1) IN GENERAL.—The final environmental this section is considered sufficient for the opers on local conditions and the history of impact statement issued by the Department purposes of this section. areas affected by development; and of State on August 26, 2011, shall be consid- (2) PROHIBITION.—Construction of the fa- (B) to provide to the Committee on Re- ered to satisfy all requirements of the Na- cilities in the United States described in the sources of the House of Representatives and tional Environmental Policy Act of 1969 (42 application filed with the Department of the Committee on Energy and Natural Re- U.S.C. 4321 et seq.) and any other provision of State on September 19, 2008 (as supplemented sources of the Senate annual reports on the law that requires Federal agency consulta- and amended), shall not commence in the status of the coordination between devel- tion or review with respect to the cross-bor- State of Nebraska until the date on which opers and communities affected by develop- der facilities described in subsection (a)(1) the Secretary of State receives a route for ment. and the related facilities in the United the project in the State of Nebraska that is (c) APPLICATION.— States described in the application filed with identified by the State of Nebraska. (1) IN GENERAL.—Any community that is the Department of State on September 19, (3) RECEIPT.—On the date of receipt of the eligible for assistance under this section 2008 (as supplemented and amended). route described in paragraph (1) by the Sec- may submit an application for such assist- (2) PERMITS.—Any Federal permit or au- retary of State, the route for the project ance to the Secretary, in such form and thorization issued before the date of enact- within the State of Nebraska under this sec- under such procedures as the Secretary may ment of this Act for the cross-border facili- tion shall supersede the route for the project prescribe by regulation. ties described in subsection (a)(1), and the re- in the State specified in the application filed (2) NORTH SLOPE BOROUGH COMMUNITIES.—A lated facilities in the United States de- with the Department of State on September community located in the North Slope Bor- scribed in the application filed with the De- 19, 2008 (including supplements and amend- ough may apply for assistance under this partment of State on September 19, 2008 (as ments). section either directly to the Secretary or supplemented and amended), shall remain in (4) COOPERATION.—Not later than 30 days through the North Slope Borough. effect. after the date on which the State of Ne- (3) APPLICATION ASSISTANCE.—The Sec- (c) CONDITIONS.—In constructing, con- braska submits a request to the Secretary of retary shall work closely with and assist the necting, operating, and maintaining the State or any appropriate Federal official, the North Slope Borough and other communities cross-border facilities described in sub- Secretary of State or Federal official shall eligible for assistance under this section in section (a)(1) and related facilities in the provide assistance that is consistent with developing and submitting applications for United States described in the application the law of the State of Nebraska. assistance under this section. filed with the Department of State on Sep- (e) ADMINISTRATION.—

VerDate Mar 15 2010 06:05 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.032 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2100 CONGRESSIONAL RECORD — SENATE March 27, 2012

(1) IN GENERAL.—Any action taken to carry ‘‘(B) EXCEPTIONS.—Such term shall not in- (2) 50 percent shall be transferred to the out this section (including the modification clude a tax unless it has substantial applica- general fund of the Treasury and used for of any route under subsection (d)) shall not tion, by its terms and in practice, to— deficit reduction. constitute a major Federal action under the ‘‘(i) persons who are not dual capacity tax- (b) REPEAL.—Title XVII of the Energy Pol- National Environmental Policy Act of 1969 payers, and icy Act of 2005 (22 U.S.C. 16511 et seq.) is re- (42 U.S.C. 4321 et seq.). ‘‘(ii) persons who are citizens or residents pealed. (2) STATE SITING AUTHORITY.—Nothing in of the foreign country or possession.’’. TITLE IV—BUDGETARY EFFECTS this section alters any provision of State law (b) EFFECTIVE DATE.— SEC. 401. DEFICIT REDUCTION. relating to the siting of pipelines. (1) IN GENERAL.—The amendments made by (3) PRIVATE PROPERTY.—Nothing in this this section shall apply to taxes paid or ac- section alters any Federal, State, or local crued in taxable years beginning after the SA 1960. Mr. PAUL submitted an process or condition in effect on the date of date of the enactment of this Act. amendment intended to be proposed by enactment of this Act that is necessary to (2) CONTRARY TREATY OBLIGATIONS him to the bill S. 2204, to eliminate un- secure access from an owner of private prop- UPHELD.—The amendments made by this sec- necessary tax subsidies and promote erty to construct the project. tion shall not apply to the extent contrary renewable energy and energy conserva- (f) FEDERAL JUDICIAL REVIEW.—The cross- to any treaty obligation of the United tion; which was ordered to lie on the border facilities described in subsection States. table; as follows: (a)(1), and the related facilities in the United SEC. 302. LIMITATION ON SECTION 199 DEDUC- States described in the application filed with TION ATTRIBUTABLE TO OIL, NAT- Strike all after the enacting clause and in- the Department of State on September 19, URAL GAS, OR PRIMARY PRODUCTS sert the following: 2008 (as supplemented and amended), that are THEREOF. SEC. ll1. TAX ON BUSINESS ACTIVITIES. approved by this section, and any permit, (a) DENIAL OF DEDUCTION.—Paragraph (4) of (a) IN GENERAL.—Section 11 of the Internal right-of-way, or other action taken to con- section 199(c) of the Internal Revenue Code Revenue Code of 1986 is amended to read as struct or complete the project pursuant to of 1986 is amended by adding at the end the follows: following new subparagraph: Federal law, shall only be subject to judicial ‘‘SEC. 11. TAX IMPOSED ON BUSINESS ACTIVITIES. ‘‘(E) SPECIAL RULE FOR CERTAIN OIL AND GAS review on direct appeal to the United States ‘‘(a) TAX IMPOSED.—There is hereby im- INCOME.—In the case of any taxpayer who is Court of Appeals for the District of Columbia posed on every person engaged in a business a major integrated oil company (as defined Circuit. activity a tax equal to 17 percent of the busi- in section 167(h)(5)(B)) for the taxable year, TITLE III—CLOSING LOOPHOLES TO FUND ness taxable income of such person. the term ‘domestic production gross re- CONSUMER RELIEF AT THE PUMP ‘‘(b) LIABILITY FOR TAX.—The tax imposed ceipts’ shall not include gross receipts from by this section shall be paid by the person SEC. 301. MODIFICATIONS OF FOREIGN TAX the production, transportation, or distribu- engaged in the business activity, whether CREDIT RULES APPLICABLE TO tion of oil, natural gas, or any primary prod- MAJOR INTEGRATED OIL COMPA- such person is an individual, partnership, uct (within the meaning of subsection (d)(9)) NIES WHICH ARE DUAL CAPACITY corporation, or otherwise. thereof.’’. TAXPAYERS. ‘‘(c) BUSINESS TAXABLE INCOME.—For pur- (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Section 901 of the Inter- poses of this section— made by this section shall apply to taxable nal Revenue Code of 1986 is amended by re- ‘‘(1) IN GENERAL.—The term ‘business tax- years beginning after December 31, 2011. designating subsection (n) as subsection (o) able income’ means gross active income re- and by inserting after subsection (m) the fol- SEC. 303. LIMITATION ON DEDUCTION FOR IN- duced by the deductions specified in sub- lowing new subsection: TANGIBLE DRILLING AND DEVELOP- section (d). MENT COSTS. ‘‘(n) SPECIAL RULES RELATING TO MAJOR IN- ‘‘(2) GROSS ACTIVE INCOME.— (a) IN GENERAL.—Section 263(c) of the In- TEGRATED OIL COMPANIES WHICH ARE DUAL ‘‘(A) IN GENERAL.—For purposes of para- ternal Revenue Code of 1986 is amended by CAPACITY TAXPAYERS.— graph (1), the term ‘gross active income’ adding at the end the following new sen- ‘‘(1) GENERAL RULE.—Notwithstanding any means gross receipts from— tence: ‘‘This subsection shall not apply to other provision of this chapter, any amount ‘‘(i) the sale or exchange of property or amounts paid or incurred by a taxpayer in paid or accrued by a dual capacity taxpayer services in the United States by any person any taxable year in which such taxpayer is a which is a major integrated oil company (as in connection with a business activity, and major integrated oil company (as defined in defined in section 167(h)(5)(B)) to a foreign ‘‘(ii) the export of property or services section 167(h)(5)(B)).’’. country or possession of the United States from the United States in connection with a shall not be considered a tax— (b) EFFECTIVE DATE.—The amendment made by this section shall apply to amounts business activity. ‘‘(A) if, for such period, the foreign country XCHANGES.—For purposes of this sec- paid or incurred in taxable years beginning ‘‘(B) E or possession does not impose a generally ap- tion, the amount treated as gross receipts after December 31, 2011. plicable income tax, or from the exchange of property or services is ‘‘(B) to the extent such amount exceeds the SEC. 304. TRANSFER OF REVENUES TO HIGHWAY the fair market value of the property or TRUST FUND. amount (determined in accordance with reg- services received, plus any money received. Subsection (b) of section 9503 of the Inter- ulations) which— ‘‘(C) COORDINATION WITH SPECIAL RULES FOR nal Revenue Code of 1986 is amended by add- ‘‘(i) is paid by such dual capacity taxpayer FINANCIAL SERVICES, ETC.—Except as provided ing at the end the following new paragraph: pursuant to the generally applicable income in subsection (e)— ‘‘(7) TRANSFERS OF CERTAIN REVENUES.— tax imposed by the country or possession, or ‘‘(i) the term ‘property’ does not include There are hereby appropriated the Highway ‘‘(ii) would be paid if the generally applica- money or any financial instrument, and Trust Fund amounts equivalent to the ble income tax imposed by the country or ‘‘(ii) the term ‘services’ does not include fi- amounts received in the Treasury that are possession were applicable to such dual ca- nancial services. attributable to the amendments made by pacity taxpayer. ‘‘(3) EXEMPTION FROM TAX FOR ACTIVITIES OF sections 301, 302, and 303 of the Gas Price Re- Nothing in this paragraph shall be construed GOVERNMENTAL ENTITIES AND TAX-EXEMPT OR- lief Act of 2012.’’. to imply the proper treatment of any such GANIZATIONS.—For purposes of this section, amount not in excess of the amount deter- Mr. PAUL submitted an the term ‘business activity’ does not include mined under subparagraph (B). SA 1959. any activity of a governmental entity or of ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur- amendment intended to be proposed by any other organization which is exempt from poses of this subsection, the term ‘dual ca- him to the bill S. 2204, to eliminate un- tax under this chapter. pacity taxpayer’ means, with respect to any necessary tax subsidies and promote ‘‘(d) DEDUCTIONS.— foreign country or possession of the United renewable energy and energy conserva- ‘‘(1) IN GENERAL.—The deductions specified States, a person who— tion; which was ordered to lie on the in this subsection are— ‘‘(A) is subject to a levy of such country or table; as follows: ‘‘(A) the cost of business inputs for the possession, and business activity, On page 22, strike lines 4 and 5 and insert ‘‘(B) receives (or will receive) directly or ‘‘(B) wages (as defined in section 3121(a) the following: indirectly a specific economic benefit (as de- without regard to paragraph (1) thereof) termined in accordance with regulations) TITLE III—MISCELLANEOUS which are paid in cash for services performed from such country or possession. SEC. 301. HIGHWAY BRIDGE PROGRAM AND DEF- in the United States as an employee, and ‘‘(3) GENERALLY APPLICABLE INCOME TAX.— ICIT REDUCTION. ‘‘(C) retirement contributions to or under For purposes of this subsection— (a) IN GENERAL.—Of the amounts made any plan or arrangement which makes re- ‘‘(A) IN GENERAL.—The term ‘generally ap- available as a result of the repeal under sub- tirement distributions for the benefit of such plicable income tax’ means an income tax section (b) for each fiscal year— employees to the extent such contributions (or a series of income taxes) which is gen- (1) 50 percent shall be transferred to the are allowed as a deduction under section 404. erally imposed under the laws of a foreign Secretary of Transportation and used to ‘‘(2) BUSINESS INPUTS.— country or possession on income derived carry out the highway bridge program under ‘‘(A) IN GENERAL.—For purposes of para- from the conduct of a trade or business with- section 144 of title 23, United States Code; graph (1), the term ‘cost of business inputs’ in such country or possession. and means—

VerDate Mar 15 2010 06:05 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.032 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2101 ‘‘(i) the amount paid for property sold or lieu of treating such excess as an overpay- submit to the Committee on Ways and used in connection with a business activity, ment) the sum of— Means of the House of Representatives and ‘‘(ii) the amount paid for services (other ‘‘(A) such excess, plus the Committee on Finance of the Senate a than for the services of employees, including ‘‘(B) the product of such excess and the 3- draft of any technical and conforming fringe benefits paid by reason of such serv- month Treasury rate for the last month of changes in the Internal Revenue Code of 1986 ices) in connection with a business activity, such taxable year, which are necessary to reflect throughout and shall be allowed as a credit against the tax such Code the purposes of the provisions of, ‘‘(iii) any excise tax, sales tax, customs imposed by this section for the following and amendments made by, this Act. duty, or other separately stated levy im- taxable year. SEC. ll5. SUPERMAJORITY REQUIRED TO CON- posed by a Federal, State, or local govern- ‘‘(4) 3-MONTH TREASURY RATE.—For pur- SIDER BUSINESS REVENUE MEAS- ment on the purchase of property or services poses of this subsection, the 3-month Treas- URE. which are for use in connection with a busi- ury rate is the rate determined by the Sec- A bill, joint resolution, amendment to a ness activity. retary based on the average market yield bill or joint resolution, or conference report Such term shall not include any tax imposed (during any 1-month period selected by the that— by chapter 2 or 21. Secretary and ending in the calendar month (1) includes an increase in the rate of tax ‘‘(B) EXCEPTIONS.—Such term shall not in- in which the determination is made) on out- specified in section 11(a) of the Internal Rev- clude— standing marketable obligations of the enue Code of 1986 (as amended by this Act), ‘‘(i) items described in subparagraphs (B) United States with remaining periods to ma- or and (C) of paragraph (1), and turity of 3 months or less.’’ (2) reduces the deductions specified in sec- ‘‘(ii) items for personal use not in connec- (b) TAX ON TAX-EXEMPT ENTITIES PROVIDING tion 11(d) of such Code (as so amended), tion with any business activity. NONCASH COMPENSATION TO EMPLOYEES.—Sec- may not be considered as passed or agreed to ‘‘(C) EXCHANGES.—For purposes of this sec- tion 4977 of the Internal Revenue Code of 1986 by the House of Representatives or the Sen- tion, the amount treated as paid in connec- is amended to read as follows: ate unless so determined by a vote of not less tion with the exchange of property or serv- ‘‘SEC. 4977. TAX ON NONCASH COMPENSATION than two-thirds of the Members of the House ices is the fair market value of the property PROVIDED TO EMPLOYEES NOT EN- of Representatives or the Senate (as the case or services exchanged, plus any money paid. GAGED IN BUSINESS ACTIVITY. may be) voting, a quorum being present. ‘‘(3) RETIREMENT DISTRIBUTIONS.—For pur- ‘‘(a) IMPOSITION OF TAX.—There is hereby poses of paragraph (1)(C), the term ‘retire- imposed a tax equal to 17 percent of the SA 1961. Mr. PRYOR submitted an ment distribution’ means any distribution value of excludable compensation provided amendment intended to be proposed by from— during the calendar year by an employer for him to the bill S. 2204, to eliminate un- ‘‘(A) a plan described in section 401(a) the benefit of employees to whom this sec- necessary tax subsidies and promote which includes a trust exempt from tax tion applies. renewable energy and energy conserva- under section 501(a), ‘‘(b) LIABILITY FOR TAX.—The tax imposed ‘‘(B) an annuity plan described in section by this section shall be paid by the em- tion; which was ordered to lie on the 403(a), ployer. table; as follows: ‘‘(C) an annuity contract described in sec- ‘‘(c) EXCLUDABLE COMPENSATION.—For pur- On page 22, between lines 3 and 4, insert tion 403(b), poses of subsection (a), the term ‘excludable the following: ‘‘(D) an individual retirement account de- compensation’ means any remuneration for TITLE III—MISCELLANEOUS scribed in section 408(a), services performed as an employee other than— SEC. 301. POSITION LIMITS FOR PETROLEUM AND ‘‘(E) an individual retirement annuity de- RELATED PRODUCTS. ‘‘(1) wages (as defined in section 3121(a) scribed in section 408(b), Section 4a(a)(6) of the Commodity Ex- without regard to paragraph (1) thereof) ‘‘(F) an eligible deferred compensation change Act (7 U.S.C. 6a(a)(6)) is amended— which are paid in cash, plan (as defined in section 457), (1) by redesignating subparagraphs (A) ‘‘(2) remuneration for services performed ‘‘(G) a governmental plan (as defined in through (C) as clauses (i) through (iii), re- outside the United States, and section 414(d)), or spectively, and indenting appropriately; ‘‘(3) retirement contributions to or under ‘‘(H) a trust described in section 501(c)(18). (2) by striking ‘‘The Commission shall’’ any plan or arrangement which makes re- Such term includes any plan, contract, ac- and inserting the following: tirement distributions (as defined in section count, annuity, or trust which, at any time, ‘‘(A) IN GENERAL.—The Commission shall’’; 11(d)(3)). has been determined by the Secretary to be and ‘‘(d) EMPLOYEES TO WHOM SECTION AP- such a plan, contract, account, annuity, or (3) by adding at the end the following: PLIES.—This section shall apply to an em- trust. ‘‘(B) PETROLEUM AND RELATED PRODUCTS.— ployee who is employed in any activity by— ‘‘(e) SPECIAL RULES FOR FINANCIAL INTER- The Commission shall, by regulation, estab- ‘‘(1) any organization which is exempt from MEDIATION SERVICE ACTIVITIES.—In the case lish limits on the aggregate number or taxation under this chapter, or of the business activity of providing finan- amount of positions in contracts for petro- ‘‘(2) any agency or instrumentality of the cial intermediation services, the taxable in- leum or related products that may be held by United States, any State or political subdivi- come from such activity shall be equal to the any person, including any group or class of sion of a State, or the District of Columbia.’’ value of the intermediation services provided traders, for each month across contracts de- (c) EFFECTIVE DATE.—The amendments in such activity. scribed in clauses (i) through (iii) of subpara- ‘‘(f) EXCEPTION FOR SERVICES PERFORMED made by this title shall apply to taxable years beginning after December 31, 2012. graph (A), so that— AS EMPLOYEE.—For purposes of this section, ‘‘(i) the short position for traditional bona the term ‘business activity’ does not include SEC. ll2. REPEAL OF ALTERNATIVE MINIMUM fide hedgers in the aggregate is not less than TAX ON CORPORATIONS. the performance of services by an employee 50 percent; and (a) IN GENERAL.—Subsection (a) of section for the employee’s employer. ‘‘(ii) the long position for traditional bona 55 of the Internal Revenue Code of 1986 is ‘‘(g) CARRYOVER OF CREDIT-EQUIVALENT OF fide hedgers in the aggregate is not less than amended by adding at the end the following EXCESS DEDUCTIONS.— 50 percent.’’. ‘‘(1) IN GENERAL.—If the aggregate deduc- new sentence: ‘‘No tax shall be imposed by this section on tions for any taxable year exceed the gross SA 1962. Mr. PRYOR submitted an active income for such taxable year, the any corporation for any taxable year begin- credit-equivalent of such excess shall be al- ning after December 31, 2012, and the ten- amendment intended to be proposed by lowed as a credit against the tax imposed by tative minimum tax of any corporation for him to the bill S. 2204, to eliminate un- this section for the following taxable year. any such taxable year shall be zero for pur- necessary tax subsidies and promote ‘‘(2) CREDIT-EQUIVALENT OF EXCESS DEDUC- poses of this title.’’. renewable energy and energy conserva- TIONS.—For purposes of paragraph (1), the (b) EFFECTIVE DATE.—The amendment tion; which was ordered to lie on the credit-equivalent of the excess described in made by this section shall apply to taxable table; as follows: years beginning after December 31, 2012. paragraph (1) for any taxable year is an On page 22, between lines 3 and 4, insert amount equal to— SEC. ll3. REPEAL OF BUSINESS RELATED CRED- the following: ‘‘(A) the sum of— ITS. ‘‘(i) such excess, plus Subparts D, E, F, G, H, I, and J of part IV TITLE III—MISCELLANEOUS ‘‘(ii) the product of such excess and the 3- of subchapter A of chapter 1 of the Internal SEC. 301. QUADRENNIAL ENERGY REVIEW. month Treasury rate for the last month of Revenue Code of 1986 are repealed with re- (a) FINDINGS.—Congress finds that— such taxable year, multiplied by spect to taxable years beginning after De- (1) the President’s Council of Advisors on ‘‘(B) the rate of the tax imposed by sub- cember 31, 2012. Science and Technology recommends that section (a) for such taxable year. SEC. ll4. TECHNICAL AND CONFORMING the United States develop a Government ‘‘(3) CARRYOVER OF UNUSED CREDIT.—If the AMENDMENTS. wide Federal energy policy and update the credit allowable for any taxable year by rea- The Secretary of the Treasury or the Sec- policy regularly with strategic Quadrennial son of this subsection exceeds the tax im- retary’s delegate shall not later than 90 days Energy Reviews similar to the reviews con- posed by this section for such year, then (in after the date of the enactment of this Act, ducted by the Department of Defense;

VerDate Mar 15 2010 06:05 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.040 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2102 CONGRESSIONAL RECORD — SENATE March 27, 2012 (2) as the lead agency in support of energy ‘‘(B) the Department of Defense; ‘‘(L) an identification of policy gaps that science and technology innovation, the De- ‘‘(C) the Department of State; need to be filled to accelerate the adoption partment of Energy has conducted a Quad- ‘‘(D) the Department of the Interior; and diffusion of energy technologies, includ- rennial Technology Review of the energy ‘‘(E) the Department of Agriculture; ing consideration of— technology policies and programs of the De- ‘‘(F) the Department of the Treasury; ‘‘(i) Federal tax policies; and partment; ‘‘(G) the Department of Transportation; ‘‘(ii) the role of Federal agencies as early (3) the Quadrennial Technology Review of ‘‘(H) the Office of Management and Budget; adopters and purchasers of new energy tech- the Department of Energy serves as the basis ‘‘(I) the National Science Foundation; nologies; for coordination with other agencies and on ‘‘(J) the Environmental Protection Agen- ‘‘(M) an analysis of— other programs for which the Department cy; and ‘‘(i) points of maximum leverage for policy has a key role; ‘‘(K) such other Federal organizations, de- intervention to achieve outcomes; and (4) a Quadrennial Energy Review would— partments, and agencies that the President ‘‘(ii) areas of energy policy that can be (A) establish integrated, Government wide considers to be appropriate. most effective in meeting national goals for national energy objectives in the context of ‘‘(c) CONDUCT OF REVIEW.—Each Quadren- the energy sector; and economic, environmental, and security pri- nial Energy Review shall be conducted to ‘‘(N) recommendations for executive orities; provide an integrated view of national en- branch organization changes to facilitate the (B) coordinate actions across Federal agen- ergy objectives and Federal energy policy, development and implementation of Federal cies; including (to the maximum extent prac- energy policies. (C) identify the resources needed for the in- ticable) alignment of research programs, in- ‘‘(e) EXECUTIVE SECRETARIAT.— vention, adoption, and diffusion of energy centives, regulations, and partnerships. ‘‘(1) IN GENERAL.—The Secretary shall pro- technologies; and ‘‘(d) SUBMISSION OF QUADRENNIAL ENERGY vide the Executive Secretariat with the nec- (D) provide a strong analytical base for REVIEW TO CONGRESS.— essary analytical, financial, and administra- Federal energy policy decisions; ‘‘(1) IN GENERAL.—Not later than February tive support for the conduct of each Quad- (5) the development of an energy policy re- 1, 2015, and every 4 years thereafter, the Sec- rennial Energy Review required under this sulting from a Quadrennial Energy Review retary, in cooperation with the Director, section. would— shall publish and submit to Congress a re- ‘‘(2) COOPERATION.—The heads of applicable (A) enhance the energy security of the port on the Quadrennial Energy Review. Federal agencies shall cooperate with the United States; ‘‘(2) INCLUSIONS.—The report described in Secretary and provide such assistance, infor- (B) create jobs; and paragraph (1) shall include, at a minimum— mation, and resources as the Secretary may (C) mitigate environmental harm; and ‘‘(A) an integrated view of short-, inter- require to assist in carrying out this sec- (6) while a Quadrennial Energy Review will mediate-, and long-term objectives for Fed- tion.’’. be a product of the executive branch, the re- eral energy policy in the context of eco- (c) ADMINISTRATION.—Nothing in this sec- view will have substantial input from— nomic, environmental, and security prior- tion or an amendment made by this section (A) Congress; ities; supersedes, modifies, amends, or repeals any (B) the energy industry; ‘‘(B) anticipated Federal actions (including provision of Federal law not expressly super- (C) academia; programmatic, regulatory, and fiscal ac- seded, modified, amended, or repealed by this (D) nongovernmental organizations; and tions) and resource requirements— section. (E) the public. ‘‘(i) to achieve the objectives described in SA 1963. Mr. INHOFE (for himself (b) QUADRENNIAL ENERGY REVIEW.—Section subparagraph (A); and 801 of the Department of Energy Organiza- ‘‘(ii) to be coordinated across multiple and Mr. BARRASSO) submitted an tion Act (42 U.S.C. 7321) is amended to read agencies; amendment intended to be proposed by as follows: ‘‘(C) an analysis of the prospective roles of him to the bill S. 2204, to eliminate un- ‘‘SEC. 801. QUADRENNIAL ENERGY REVIEW. parties (including academia, industry, con- necessary tax subsidies and promote ‘‘(a) DEFINITIONS.—In this section: sumers, the public, and Federal agencies) in renewable energy and energy conserva- ‘‘(1) DIRECTOR.—The term ‘Director’ means achieving the objectives described in sub- tion; which was ordered to lie on the the Director of the Office of Science and paragraph (A), including— table; as follows: Technology Policy within the Executive Of- ‘‘(i) an analysis, by energy use sector, in- On page 22, between lines 3 and 4, insert fice of the President. cluding— the following: ‘‘(2) FEDERAL LABORATORY.— ‘‘(I) commercial and residential buildings; ‘‘(A) IN GENERAL.—The term ‘Federal Lab- ‘‘(II) the industrial sector; TITLE III—GASOLINE REGULATIONS oratory’ has the meaning given the term ‘‘(III) transportation; and SEC. 301. SHORT TITLE. ‘laboratory’ in section 12(d) of the Steven- ‘‘(IV) electric power; This title may be cited as the ‘‘Gasoline son-Wydler Technology Innovation Act of ‘‘(ii) requirements for invention, adoption, Regulations Act of 2012’’. 1980 (15 U.S.C. 3710a(d)). development, and diffusion of energy tech- SEC. 302. DEFINITIONS. ‘‘(B) INCLUSION.—The term ‘Federal Lab- nologies that are mapped onto each of the In this title: oratory’ includes a federally funded research energy use sectors; and (1) ADMINISTRATOR.—The term ‘‘Adminis- and development center sponsored by a Fed- ‘‘(iii) other research that inform strategies trator’’ means the Administrator of the En- eral agency. to incentivize desired actions; vironmental Protection Agency. ‘‘(3) INTERAGENCY ENERGY COORDINATION ‘‘(D) an assessment of policy options to in- (2) COMMISSION.—The term ‘‘Commission’’ COUNCIL.—The term ‘interagency energy co- crease domestic energy supplies; means the Transportation Fuels Regulatory ordination council’ means a council estab- ‘‘(E) an evaluation of energy storage, Commission established by section 303(a). lished under subsection (b)(1). transmission, and distribution requirements, (3) COVERED ACTION.—The term ‘‘covered ‘‘(4) QUADRENNIAL ENERGY REVIEW.—The including requirements for renewable en- action’’ means any action, to the extent the term ‘Quadrennial Energy Review’ means a ergy; action affects facilities involved in the pro- comprehensive multiyear review, coordi- ‘‘(F) an integrated plan for the involve- duction, transportation, or distribution of nated across the Federal agencies, that— ment of the Federal Laboratories in energy gasoline or diesel fuel, taken— ‘‘(A) covers all energy programs and tech- programs; (A) on or after January 1, 2009, by the Ad- nologies of the Federal Government; ‘‘(G) portfolio assessments that describe ministrator, a State, a local government, or ‘‘(B) establishes energy objectives across the optimal deployment of resources, includ- a permitting agency; and the Federal Government; and ing prioritizing financial resources for en- (B) to conform with part C of title I or title ‘‘(C) covers each of the areas described in ergy programs; V of the Clean Air Act (42 U.S.C. 7401 et seq.) subsection (d)(2). ‘‘(H) a mapping of the linkages among regarding an air pollutant identified as a ‘‘(b) INTERAGENCY ENERGY COORDINATION basic research and applied programs, dem- greenhouse gas in the final rule entitled COUNCIL.— onstration programs, and other innovation ‘‘Endangerment and Cause or Contribute ‘‘(1) ESTABLISHMENT.—Beginning on Feb- mechanisms across the Federal agencies; Findings for Greenhouse Gases Under Sec- ruary 1, 2013, and every 4 years thereafter, ‘‘(I) an identification of, and projections tion 202(a) of the Clean Air Act’’ (74 Fed. the President shall establish an interagency for, demonstration projects, including time- Reg. 66496 (December 15, 2009)). energy coordination council to coordinate frames, milestones, sources of funding, and (4) COVERED RULE.—The term ‘‘covered the Quadrennial Energy Review. management; rule’’ means the following rules (and in- ‘‘(2) CO-CHAIRPERSONS.—The Secretary and ‘‘(J) an identification of public and private cludes any successor or substantially similar the Director shall be co-chairpersons of the funding needs for various energy tech- rules): interagency energy coordination council. nologies, systems, and infrastructure, in- (A) ‘‘Control of Air Pollution From New ‘‘(3) MEMBERSHIP.—The interagency energy cluding consideration of public-private part- Motor Vehicles: Tier 3 Motor Vehicle Emis- coordination council shall be comprised of nerships, loans, and loan guarantees; sion and Fuel Standards’’, as described in the representatives at level I or II of the Execu- ‘‘(K) an assessment of global competitors Unified Agenda of Federal Regulatory and tive Schedule of— and an identification of programs that can Deregulatory Actions under Regulatory ‘‘(A) the Department of Commerce; be enhanced with international cooperation; Identification Number 2060–AQ86.

VerDate Mar 15 2010 07:08 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.030 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2103 (B) ‘‘National Ambient Air Quality Stand- (D) other cumulative costs and cumulative SEC. 307. CONSIDERATION OF FEASIBILITY AND ards for Ozone’’ (73 Fed. Reg. 16436 (March 27, benefits, including evaluation through a gen- COST IN REVISING OR 2008)). eral equilibrium model approach; and SUPPLEMENTING NATIONAL AMBI- (C) ‘‘Reconsideration of the 2008 Ozone Pri- (E) national, State, and regional employ- ENT AIR QUALITY STANDARDS FOR OZONE. mary and Secondary National Ambient Air ment, including impacts associated with in- In revising or supplementing any national Quality Standards’’, as described in the Uni- creased gasoline or diesel fuel prices and fa- primary or secondary ambient air quality fied Agenda of Federal Regulatory and De- cility closures. standards for ozone under section 109 of the regulatory Actions under Regulatory Identi- (2) Discussion of key uncertainties and as- Clean Air Act (42 U.S.C. 7409), the Adminis- fication Number 2060–AP98. sumptions associated with each estimate trator shall consider the feasibility and cost (D) Any rule proposed after March 15, 2012, under paragraph (1). of the revision or supplement. establishing or revising a standard of per- (3) A sensitivity analysis reflecting alter- formance or emission standard under section native assumptions with respect to the ag- Mr. BROWN of Massachu- 111 or 112 of the Clean Air Act (42 U.S.C. 7411, gregate demand for gasoline or diesel fuel. SA 1964. 7412) applicable to petroleum refineries. (4) Discussion, and where feasible an as- setts submitted an amendment in- (E) Any rule proposed after March 15, 2012, sessment, of the cumulative impact of the tended to be proposed by him to the to implement any portion of the renewable covered rules and covered actions on— bill S. 2204, to eliminate unnecessary fuel program under section 211(o) of the (A) consumers; tax subsidies and promote renewable Clean Air Act (42 U.S.C. 7545(o)). (B) small businesses; energy and energy conservation; which (F) Any rule proposed after March 15, 2012, (C) regional economies; was ordered to lie on the table; as fol- revising or supplementing the national am- (D) State, local, and tribal governments; lows: bient air quality standards for ozone under (E) low-income communities; section 109 of the Clean Air Act (42 U.S.C. (F) public health; On page 2, between lines 20 and 21, insert 7409). (G) local and industry-specific labor mar- the following: SEC. 303. TRANSPORTATION FUELS REGULATORY kets; and SEC. 103. CREDIT FOR HYBRID CONVERSION. COMMISSION. (H) any uncertainties associated with each (a) IN GENERAL.—Section 30B of the Inter- (a) ESTABLISHMENT.—There is established a topic listed in subparagraphs (A) through nal Revenue Code of 1986 is amended by re- commission to be known as the ‘‘Transpor- (G). designating subsections (j) and (k) as sub- tation Fuels Regulatory Commission’’. (c) METHODS.—In conducting an analysis sections (k) and (l), respectively, and by in- (b) MEMBERS.—The Commission shall be under this section, the Commission shall use serting after subsection (i) the following new composed of the following officials (or des- the best available methods, consistent with subsection: ignees of the officials): guidance from the Office of Information and ‘‘(j) HYBRID CONVERSION CREDIT.— (1) The Secretary of Energy, who shall Regulatory Affairs and the Office of Manage- ‘‘(1) CREDIT ALLOWED.— serve as the Chair of the Commission. ment and Budget Circular A–4. ‘‘(A) IN GENERAL.—For purposes of sub- (2) The Secretary of Transportation, acting (d) DATA.—In conducting an analysis under section (a), the hybrid conversion credit de- through the Administrator of the National this section, the Commission shall not be re- termined under this subsection with respect Highway Traffic Safety Administration. quired to create data or to use data that are to any motor vehicle which is converted to a (3) The Secretary of Commerce, acting not readily accessible. qualified hybrid motor vehicle is an amount equal to so much of the cost of the conver- through the Chief Economist and the Under SEC. 305. REPORTS; PUBLIC COMMENT. Secretary for International Trade. sion of such vehicle as does not exceed the (4) The Secretary of Labor, acting through (a) PRELIMINARY REPORT.—Not later than applicable amount determined under the fol- the Commissioner of the Bureau of Labor 90 days after the date of enactment of this lowing table: Statistics. Act, the Commission shall make public and ‘‘If gross vehicle The applicable (5) The Secretary of the Treasury, acting submit to the Committee on Environment weight (prior to amount is: through the Deputy Assistant Secretary for and Public Works of the Senate and the conversion) is: Environment and Energy. Committee on Energy and Commerce of the Not more than 8,500 pounds ...... $3,000 (6) The Administrator. House of Representatives a preliminary re- More than 8,500 pounds but not (7) The Chairman of the United States port containing the results of the analyses more than 14,000 pounds ...... $4,000 International Trade Commission, acting conducted under section 304. More than 14,000 pounds but not through the Director of the Office of Eco- (b) PUBLIC COMMENT PERIOD.—The Commis- more than 26,000 pounds ...... $6,000 nomics. sion shall accept public comments regarding More than 26,000 pounds ...... $8,000. (8) The Administrator of the Energy Infor- the preliminary report submitted under sub- ‘‘(2) QUALIFIED HYBRID MOTOR VEHICLE.— mation Administration. section (a) for a period of 60 days after the For purposes of this subsection, the term (c) DUTIES OF THE COMMISSION.—The Com- date on which the preliminary report is sub- ‘qualified hybrid motor vehicle’ means any mission shall analyze and report on the cu- mitted. new qualified hybrid motor vehicle (as de- mulative impacts of certain rules and ac- (c) FINAL REPORT.—Not later than 60 days fined in subsection (d)(3), determined with- tions of the Environmental Protection Agen- after the expiration of the 60-day period de- out regard to whether such vehicle is made cy on gasoline and diesel fuel prices, in ac- scribed in subsection (b), the Commission by a manufacturer or whether the original cordance with sections 304 and 305. shall submit to Congress a final report con- use of such vehicle commences with the tax- (d) CONSULTATION BY CHAIR.—In carrying taining the analyses conducted under section payer) which— out the functions of the Chair of the Com- 304, including— ‘‘(A) is used or leased by the taxpayer and mission, the Chair shall consult with the (1) any revisions to the analyses made as a is not for resale, and other members of the Commission. result of public comments; and ‘‘(B) achieves the minimum required reduc- (e) TERMINATION.—The Commission shall (2) a response to the public comments. tion in fuel consumption determined under terminate on the date that is 60 days after SEC. 306. NO FINAL ACTION ON CERTAIN RULES. the following table, relative to the fuel con- the date on which the Commission submits The Administrator shall not finalize any of sumption of an uncoverted vehicle of the the report under section 305(c). the following rules until a date (to be deter- same make and model under the Urban Dy- SEC. 304. ANALYSES. mined by the Administrator) that is at least namometer Driving Schedule (UDDS) test (a) SCOPE.—The Commission shall conduct 180 days after the day on which the Commis- procedure issued by the Environmental Pro- analyses, for each of the calendar years 2016 sion submits the final report under section tection Agency (40 CFR 86.115 and Appendix and 2020, of the cumulative impact of all cov- 305(c): I to 40 CFR Part 86): ered rules and covered actions. (1) ‘‘Control of Air Pollution From New ‘‘If vehicle (prior to The minimum (b) CONTENTS.—In conducting each analysis Motor Vehicles: Tier 3 Motor Vehicle Emis- conversion) is: required reduction under this section, the Commission shall in- sion and Fuel Standards’’, as described in the is: clude the following: Unified Agenda of Federal Regulatory and A passenger vehicle with a (1) Estimates of the cumulative impacts of Deregulatory Actions under Regulatory gross vehicle weight of not the covered rules and covered actions with Identification Number 2060–AQ86, and any more than 8,500 pounds ...... 19 percent respect to— successor or substantially similar rule. A light truck with a gross vehi- (A) any resulting change in the national, (2) Any rule proposed after March 15, 2012, cle weight of not more than State, or regional price of gasoline or diesel establishing or revising a standard of per- 8,500 pounds ...... 15 percent fuel; formance or emission standard under section A diesel vehicle with a gross ve- (B) required capital investments and pro- 111 or 112 of the Clean Air Act (42 U.S.C. 7411, hicle weight of more than jected costs for the operation and mainte- 7412) that is applicable to petroleum refin- 8,500 pounds but not more nance of new equipment required to be in- eries. than 14,000 pounds ...... 17 percent stalled; (3) Any rule revising or supplementing the A gasoline vehicle with a gross (C) global economic competitiveness of the national ambient air quality standards for vehicle weight of more than United States and any loss of domestic refin- ozone under section 109 of the Clean Air Act 8,500 pounds but not more ing capacity; (42 U.S.C. 7409). than 14,000 pounds ...... 12 percent

VerDate Mar 15 2010 07:17 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0655 E:\CR\FM\A27MR6.033 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2104 CONGRESSIONAL RECORD — SENATE March 27, 2012

‘‘If vehicle (prior to The minimum (2) IMPLEMENTATION.—The Director of the ‘‘(2) 2012–2017 PROGRAM GOAL.—For purposes conversion) is: required reduction Office of Management and Budget shall de- of the 5-year oil and gas leasing program for is: termine and identify from which appropria- fiscal years 2012-2017, the production goal re- A vehicle with a gross vehicle tion accounts the rescission under paragraph ferred to in paragraph (1) shall be an increase weight of more than 14,000 (1) shall apply and the amount of such rescis- by 2027 of— pounds ...... 10 percent. sion that shall apply to each such account. ‘‘(A) not less than 3,000,000 barrels in the ‘‘(3) CREDIT ALLOWED IN ADDITION TO OTHER Not later than 60 days after the date of the quantity of oil produced per day; and CREDITS.—The credit allowed under this sub- enactment of this Act, the Director of the ‘‘(B) not less than 10,000,000,000 cubic feet section shall be allowed with respect to a Office of Management and Budget shall sub- in the quantity of natural gas produced per motor vehicle notwithstanding whether a mit a report to the Secretary of the Treas- day. credit has been allowed with respect to such ury and Congress of the accounts and ‘‘(3) REPORTS.—At the end of each 5-year motor vehicle under this section (other than amounts determined and identified for re- oil and gas leasing program and annually this subsection and subsection (i)) in any scission under the preceding sentence. thereafter, the Secretary shall submit to the preceding taxable year. No credit shall be al- (3) EXCEPTION.—This subsection shall not Committee on Energy and Natural Resources lowed under this subsection with respect to a apply to the unobligated funds of the Depart- of the Senate and the Committee on Natural motor vehicle if the credit under subsection ment of Veterans Affairs, the Department of Resources of the House of Representatives a (i) is allowed with respect to such motor ve- Defense, or any funds appropriated for dis- report that describes the progress of the ap- hicle in any taxable year. aster relief. plicable 5-year program with respect to ‘‘(4) LIMITATION ON NUMBER OF HYBRID CON- SA 1965. Mr. VITTER (for himself achieving the production goal established for VERSIONS ELIGIBLE FOR CREDIT.—This sub- and Mr. SESSIONS) submitted an the program, including— section shall not apply to the conversion of amendment intended to be proposed by ‘‘(A) any projections for production under any motor vehicle after the last day of the him to the bill S. 2204, to eliminate un- the program; and ‘‘(B) identifying any problems with leasing, calendar quarter which includes the first necessary tax subsidies and promote date on which the total number of conver- permitting, or production that would pre- renewable energy and energy conserva- vent the production goal from being sions with respect to which a credit under tion; which was ordered to lie on the this subsection has been allowed for all tax- achieved.’’. able years is at least equal to the applicable table; as follows: Strike all after the enacting clause and in- number determined under the following SA 1967. Mr. INHOFE submitted an table: sert the following: SECTION 1. EXTENSION OF LEASING PROGRAM. amendment intended to be proposed by ‘‘If gross vehicle The applicable (a) IN GENERAL.—Subject to subsection (c), weight (prior to number is: him to the bill S. 2204, to eliminate un- the Draft Proposed Outer Continental Shelf necessary tax subsidies and promote conversion) is: Oil and Gas Leasing Program 2010–2015 issued Not more than 8,500 pounds ...... 100,000 by the Secretary of the Interior (referred to renewable energy and energy conserva- More than 8,500 pounds but not tion; which was ordered to lie on the more than 14,000 pounds ...... 70,000 in this section as the ‘‘Secretary’’) under More than 14,000 pounds but not section 18 of the Outer Continental Shelf table; as follows: Lands Act (43 U.S.C. 1344) shall be considered more than 26,000 pounds ...... 20,000 On page 22, between lines 3 and 4, insert More than 26,000 pounds ...... 10,000. to be the final oil and gas leasing program under that section for the period of fiscal the following: ‘‘(5) TERMINATION.—This subsection shall years 2013 through 2018. not apply to conversions made after the date (b) FINAL ENVIRONMENTAL IMPACT STATE- TITLE III—MISCELLANEOUS which is 5 years after the date of the enact- MENT.—The Secretary is considered to have SEC. 301. SHORT TITLE. ment of the RETRO Act.’’. issued a final environmental impact state- (b) CREDIT TREATED AS PART OF ALTER- ment for the program applicable to the pe- This title may be cited as the ‘‘Energy Tax NATIVE MOTOR VEHICLE CREDIT.—Subsection riod described in subsection (a) in accord- Prevention Act of 2011’’. (a) of section 30B of the Internal Revenue ance with all requirements under section Code of 1986 is amended— SEC. 302. NO REGULATION OF EMISSIONS OF 102(2)(C) of the National Environmental Pol- GREENHOUSE GASES. (1) by striking ‘‘and’’ at the end of para- icy Act of 1969 (42 U.S.C. 4332(2)(C)). graph (4), (c) EXCEPTIONS.—Lease Sales 214, 232, and (a) IN GENERAL.—Title III of the Clean Air (2) by striking the period at the end of 239 shall not be included in the final oil and Act (42 U.S.C. 7601 et seq.) is amended by paragraph (5) and inserting ‘‘, and’’, and gas leasing program for the period of fiscal adding at the end the following: (3) by adding at the end the following new years 2013 through 2018. paragraph: ‘‘SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES. ‘‘(6) the hybrid conversion credit deter- SA 1966. Mr. WICKER submitted an mined under subsection (j).’’. amendment intended to be proposed by ‘‘(a) DEFINITION.—In this section, the term (c) NO RECAPTURE FOR VEHICLES CON- him to the bill S. 2204, to eliminate un- ‘greenhouse gas’ means any of the following: VERTED TO QUALIFIED HYBRID MOTOR VEHI- necessary tax subsidies and promote ‘‘(1) Water vapor. CLES.—Paragraph (8) of section 30B(h) of the renewable energy and energy conserva- ‘‘(2) Carbon dioxide. Internal Revenue Code of 1986 is amended by tion; which was ordered to lie on the ‘‘(3) Methane. striking ‘‘a vehicle)’’ and all that follows and ‘‘(4) Nitrous oxide. inserting ‘‘a vehicle), except that no benefit table; as follows: ‘‘(5) Sulfur hexafluoride. shall be recaptured if such property ceases to On page 22, between lines 3 and 4, insert ‘‘(6) Hydrofluorocarbons. be eligible for such credit by reason of con- the following: ‘‘(7) Perfluorocarbons. version to a qualified plug-in electric drive TITLE III—MISCELLANEOUS ‘‘(8) Any other substance subject to, or pro- motor vehicle or a qualified hybrid motor ve- SEC. 301. DOMESTIC OIL AND NATURAL GAS PRO- posed to be subject to, regulation, action, or hicle.’’. DUCTION GOAL. consideration under this Act to address cli- Section 18 of the Outer Continental Shelf (d) DENIAL OF DOUBLE BENEFIT.—Paragraph mate change. (3) of section 30B(i) of the Internal Revenue Lands Act (43 U.S.C. 1344) is amended by Code of 1986 is amended by adding at the end striking subsection (b) and inserting the fol- ‘‘(b) LIMITATION ON AGENCY ACTION.— the following: ‘‘No credit shall be allowed lowing: ‘‘(1) LIMITATION.— under this subsection with respect to a ‘‘(b) DOMESTIC OIL AND NATURAL GAS PRO- ‘‘(A) IN GENERAL.—The Administrator may motor vehicle if the credit under subsection DUCTION GOAL.— not, under this Act, promulgate any regula- (j) is allowed with respect to such motor ve- ‘‘(1) IN GENERAL.—In developing a 5-year oil tion concerning, take action relating to, or hicle in any taxable year.’’. and gas leasing program, the Secretary shall take into consideration the emission of a (e) EFFECTIVE DATE.—The amendments establish a domestic strategic production greenhouse gas to address climate change. made by this section shall apply to property goal for the development of oil and natural ‘‘(B) AIR POLLUTANT DEFINITION.—The defi- placed in service after the date of the enact- gas under the program that is— nition of the term ‘air pollutant’ in section ment of this Act. ‘‘(A) the best estimate of the potential in- 302(g) does not include a greenhouse gas. (f) RESCISSION OF UNOBLIGATED FEDERAL crease in domestic production of oil and nat- Nothwithstanding the previous sentence, FUNDS TO OFFSET LOSS IN REVENUES.— ural gas from the outer Continental Shelf; such definition may include a greenhouse gas (1) IN GENERAL.—Notwithstanding any and for purposes of addressing concerns other other provision of law, of all available unob- ‘‘(B) focused on— than climate change. ligated funds, appropriated discretionary ‘‘(i) meeting the demand for oil and nat- ‘‘(2) EXCEPTIONS.—Paragraph (1) does not funds are hereby rescinded in such amounts ural gas in the United States; prohibit the following: as determined by the Director of the Office ‘‘(ii) reducing the dependence of the United ‘‘(A) Notwithstanding paragraph (4)(B), im- of Management and Budget such that the ag- States on foreign energy sources; and plementation and enforcement of the rule gregate amount of such rescission equals the ‘‘(iii) the production increases to be entitled ‘Light-Duty Vehicle Greenhouse Gas reduction in revenues to the Treasury by achieved by the leasing program at the end Emission Standards and Corporate Average reason of the amendments made by this sec- of the 15-year period beginning on the effec- Fuel Economy Standards’ (75 Fed. Reg. 25324 tion. tive date of the program. (May 7, 2010) and without further revision)

VerDate Mar 15 2010 07:08 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.033 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2105 and finalization, implementation, enforce- ‘‘(J) ‘Limitation of Approval of Prevention SA 1970. Mr. REID proposed an ment, and revision of the proposed rule enti- of Significant Deterioration Provisions Con- amendment to the bill S. 2204, to elimi- tled ‘Greenhouse Gas Emissions Standards cerning Greenhouse Gas Emitting-Sources in nate unnecessary tax subsidies and pro- and Fuel Efficiency Standards for Medium- State Implementation Plans; Final Rule’, mote renewable energy and energy con- and Heavy-Duty Engines and Vehicles’ pub- published at 75 Fed. Reg. 82536 (December 30, lished at 75 Fed. Reg. 74152 (November 30, 2010). servation; as follows: 2010). ‘‘(K) ‘Determinations Concerning Need for At the end, add the following: ‘‘(B) Implementation and enforcement of Error Correction, Partial Approval and Par- This Act shall become effective 3 days section 211(o). tial Disapproval, and Federal Implementa- after enactment. ‘‘(C) Statutorily authorized Federal re- tion Plan Regarding Texas Prevention of search, development, and demonstration pro- Significant Deterioration Program; Proposed SA 1971. Mr. REID proposed an grams addressing climate change. Rule’, published at 75 Fed. Reg. 82365 (De- amendment to amendment SA 1970 pro- ‘‘(D) Implementation and enforcement of cember 30, 2010). posed by Mr. REID to the bill S. 2204, to title VI to the extent such implementation ‘‘(L) Except for action listed in paragraph eliminate unnecessary tax subsidies or enforcement only involves one or more (2), any other Federal action under this Act and promote renewable energy and en- class I or class II substances (as such terms occurring before the date of enactment of ergy conservation; as follows: are defined in section 601). this section that applies a stationary source In the amendment, strike ‘‘3 days’’ and in- ‘‘(E) Implementation and enforcement of permitting requirement or an emissions sert ‘‘4 days’’. section 821 (42 U.S.C. 7651k note) of Public standard for a greenhouse gas to address cli- Law 101–549 (commonly referred to as the mate change. SA 1972. Mr. REID proposed an ‘Clean Air Act Amendments of 1990’). ‘‘(5) STATE ACTION.— amendment to amendment SA 1971 pro- ‘‘(3) INAPPLICABILITY OF PROVISIONS.—Noth- ‘‘(A) NO LIMITATION.—This section does not posed by Mr. REID to the amendment ing listed in paragraph (2) shall cause a limit or otherwise affect the authority of a greenhouse gas to be subject to part C of State to adopt, amend, enforce, or repeal SA 1970 proposed by Mr. REID to the title I (relating to prevention of significant State laws and regulations pertaining to the bill S. 2204, to eliminate unnecessary deterioration of air quality) or considered an emission of a greenhouse gas. tax subsidies and promote renewable air pollutant for purposes of title V (relating ‘‘(B) EXCEPTION.— energy and energy conservation; as fol- to air permits). ‘‘(i) RULE.—Notwithstanding subparagraph lows; ‘‘(4) CERTAIN PRIOR AGENCY ACTIONS.—The (A), any provision described in clause (ii)— In the amendment, strike ‘‘4 days’’ and in- following rules, and actions (including any ‘‘(I) is not federally enforceable; sert ‘‘5 days’’. supplement or revision to such rules and ac- ‘‘(II) is not deemed to be a part of Federal tions) are repealed and shall have no legal ef- law; and SA 1973. Mr. TESTER submitted an fect: ‘‘(III) is deemed to be stricken from the amendment intended to be proposed by ‘‘(A) ‘Mandatory Reporting of Greenhouse plan described in clause (ii)(I) or the pro- him to the bill S. 2204, to eliminate un- Gases’, published at 74 Fed. Reg. 56260 (Octo- gram or permit described in clause (ii)(II), as necessary tax subsidies and promote ber 30, 2009). applicable. ‘‘(B) ‘Endangerment and Cause or Con- ‘‘(ii) PROVISIONS DEFINED.—For purposes of renewable energy and energy conserva- tribute Findings for Greenhouse Gases under clause (i), the term ‘provision’ means any tion; which was ordered to lie on the section 202(a) of the Clean Air Act’ published provision that— table; as follows: at 74 Fed. Reg. 66496 (Dec. 15, 2009). ‘‘(I) is contained in a State implementa- On page 22, between lines 3 and 4, insert ‘‘(C) ‘Reconsideration of the Interpretation tion plan under section 110 and authorizes or the following: of Regulations That Determine Pollutants requires a limitation on, or imposes a permit TITLE III—MISCELLANEOUS Covered by Clean Air Act Permitting Pro- requirement for, the emission of a green- SEC. 301. PROHIBITION ON EXPORT OF CRUDE grams’ published at 75 Fed. Reg. 17004 (April house gas to address climate change; or OIL TRANSPORTED BY KEYSTONE XL 2, 2010) and the memorandum from Stephen ‘‘(II) is part of an operating permit pro- PIPELINE. L. Johnson, Environmental Protection Agen- gram under title V, or a permit issued pursu- (a) DEFINITION OF KEYSTONE XL PIPELINE.— cy (EPA) Administrator, to EPA Regional ant to title V, and authorizes or requires a In this section, the term ‘‘Keystone XL pipe- Administrators, concerning ‘EPA’s Interpre- limitation on the emission of a greenhouse line’’ means the pipeline for the import of tation of Regulations that Determine Pollut- gas to address climate change. crude oil and other hydrocarbons at the ants Covered by Federal Prevention of Sig- ‘‘(C) ACTION BY ADMINISTRATOR.—The Ad- United States-Canada Border at Phillips nificant Deterioration (PSD) Permit Pro- ministrator may not approve or make feder- County, Montana, in accordance with the ap- gram’ (Dec. 18, 2008). ally enforceable any provision described in plication filed with the Department of State ‘‘(D) ‘Prevention of Significant Deteriora- subparagraph (B)(ii).’’. on September 19, 2008 (as supplemented and tion and Title V Greenhouse Gas Tailoring SEC. 303. PRESERVING ONE NATIONAL STAND- amended). Rule’, published at 75 Fed. Reg. 31514 (June 3, ARD FOR AUTOMOBILES. (b) PROHIBITION ON EXPORTS.—Subject to 2010). Section 209(b) of the Clean Air Act (42 subsection (c), no crude oil transported by ‘‘(E) ‘Action To Ensure Authority To Issue U.S.C. 7543) is amended by adding at the end the Keystone XL pipeline, or petroleum Permits Under the Prevention of Significant the following: products derived from the crude oil, may be Deterioration Program to Sources of Green- ‘‘(4) With respect to standards for emis- exported from the United States. house Gas Emissions: Finding of Substantial sions of greenhouse gases (as defined in sec- (c) WAIVERS.—The President may grant a Inadequacy and SIP Call’, published at 75 tion 330) for model year 2017 or any subse- waiver from the application of subsection (b) Fed. Reg. 77698 (December 13, 2010). quent model year for new motor vehicles and if the President— ‘‘(F) ‘Action To Ensure Authority To Issue new motor vehicle engines— (1) determines that the waiver is necessary Permits Under the Prevention of Significant ‘‘(A) the Administrator may not waive ap- as the result of— Deterioration Program to Sources of Green- plication of subsection (a); and (A) national security; or house Gas Emissions: Finding of Failure to ‘‘(B) no waiver granted prior to the date of (B) a natural or manmade disaster; or Submit State Implementation Plan Revi- enactment of this paragraph may be consid- (2) makes an express finding that the ex- sions Required for Greenhouse Gases’, pub- ered to waive the application of subsection ports described in subsection (b)— lished at 75 Fed. Reg. 81874 (December 29, (a).’’. (A) will not diminish the total quantity or 2010). quality of petroleum available in the United ‘‘(G) ‘Action To Ensure Authority To Issue SA 1968. Mr. REID proposed an States; and Permits Under the Prevention of Significant amendment to the bill S. 2204, to elimi- (B) are in the national interest of the Deterioration Program to Sources of Green- nate unnecessary tax subsidies and pro- United States. house Gas Emissions: Federal Implementa- mote renewable energy and energy con- tion Plan’, published at 75 Fed. Reg. 82246 servation; as follows: SA 1974. Mr. INHOFE submitted an (December 30, 2010). amendment intended to be proposed by ‘‘(H) ‘Action To Ensure Authority To Im- At the end, add the following: This Act shall become effective 1 day after him to the bill S. 2204, to eliminate un- plement Title V Permitting Programs Under enactment. necessary tax subsidies and promote the Greenhouse Gas Tailoring Rule’, pub- lished at 75 Fed. Reg. 82254 (December 30, renewable energy and energy conserva- SA 1969. Mr. REID proposed an tion; which was ordered to lie on the 2010). amendment to amendment SA 1968 pro- ‘‘(I) ‘Determinations Concerning Need for table; as follows: Error Correction, Partial Approval and Par- posed by Mr. REID to the bill S. 2204, to Strike all after the enacting clause and in- tial Disapproval, and Federal Implementa- eliminate unnecessary tax subsidies sert the following: tion Plan Regarding Texas Prevention of and promote renewable energy and en- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Significant Deterioration Program’, pub- ergy conservation; as follows: (a) SHORT TITLE.—This Act may be cited as lished at 75 Fed. Reg. 82430 (December 30, In the amendment, strike ‘‘1 day’’ and in- the ‘‘American Jobs and Domestic Energy 2010). sert ‘‘2 days’’. Production Act’’.

VerDate Mar 15 2010 07:08 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.034 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2106 CONGRESSIONAL RECORD — SENATE March 27, 2012

(b) TABLE OF CONTENTS.—The table of con- ‘‘(A) at least 75 percent of the available under section 8 of the Outer Continental tents of this Act is as follows: acreage within each outer Continental Shelf Shelf Lands Act (43 U.S.C. 1337) as soon as Sec. 1. Short title; table of contents. planning area that is— practicable, but not later than 4 months, ‘‘(i) not under lease at the time of a pro- after the date of enactment of this Act. TITLE I—OUTER CONTINENTAL SHELF posed lease sale and has not otherwise been (b) ENVIRONMENTAL REVIEW.—For the pur- Sec. 101. Definitions. made unavailable for leasing by law; and poses of that lease sale, the Environmental Sec. 102. Outer Continental Shelf leasing ‘‘(ii) considered to have the largest undis- Impact Statement for the 2007–2012 5–Year program. covered, technically recoverable oil and gas Outer Continental Shelf Plan and the Sec. 103. Domestic oil and natural gas pro- resources (on a total btu basis) based on the Multisale Environmental Impact Statement duction goal. most recent national geologic assessment of shall be considered to satisfy the require- Sec. 104. Requirement to conduct proposed the outer Continental Shelf, with an empha- ments of the National Environmental Policy oil and gas Lease Sale 216 in the sis on offering the most geologically prospec- Act of 1969 (42 U.S.C. 4321 et seq.). Central Gulf of Mexico. tive parts of the planning area; and SEC. 105. REQUIREMENT TO CONDUCT PRO- Sec. 105. Requirement to conduct proposed ‘‘(B) any State subdivision of an outer Con- POSED OIL AND GAS LEASE SALE 220 oil and gas Lease Sale 220 on tinental Shelf planning area that the Gov- ON THE OUTER CONTINENTAL the Outer Continental Shelf off- ernor of the State that represents that sub- SHELF OFFSHORE VIRGINIA. (a) IN GENERAL.—Notwithstanding the in- shore Virginia. division requests be made available for leas- clusion of Lease Sale 220 in the fiscal years Sec. 106. Requirement to conduct proposed ing. 2012 through 2017 5–Year Outer Continental oil and gas Lease Sale 222 in the ‘‘(6) In the 2012–2017 5-year oil and gas leas- Shelf Oil and Gas Leasing Program, the Sec- Central Gulf of Mexico. ing program, the Secretary shall make avail- retary shall conduct offshore oil and gas Sec. 107. Additional leases. able for leasing any outer Continental Shelf TITLE II—COASTAL PLAIN ENERGY Lease Sale 220 under section 8 of the Outer planning area that the Secretary determines, Continental Shelf Lands Act (43 U.S.C. 1337) DEVELOPMENT based on the document entitled ‘Minerals as soon as practicable, but not later than 1 Sec. 201. Definitions. Management Service Assessment of Undis- year, after the date of enactment of this Act. Sec. 202. Leasing program for land within covered Technically Recoverable Oil and Gas (b) PROHIBITION ON CONFLICTS WITH MILI- the Coastal Plain. Resources of the Nation’s Outer Continental TARY OPERATIONS.—No person may engage in Sec. 203. Lease sales. Shelf, 2006’— any exploration, development, or production Sec. 204. Grant of leases by the Secretary. ‘‘(A) is estimated to contain more than of oil or natural gas off the coast of Virginia Sec. 205. Lease terms and conditions. 2,500,000,000 barrels of oil; or that would conflict with any military oper- Sec. 206. Coastal Plain environmental pro- ‘‘(B) is estimated to contain more than ation, as determined in accordance with the tection. 7,500,000,000,000 cubic feet of natural gas.’’. Memorandum of Agreement between the De- Sec. 207. Expedited judicial review. SEC. 103. DOMESTIC OIL AND NATURAL GAS PRO- partment of Defense and the Department of Sec. 208. Rights-of-way and easements DUCTION GOAL. the Interior on Mutual Concerns on the across Coastal Plain. Section 18 of the Outer Continental Shelf Outer Continental Shelf signed July 20, 1983, Sec. 209. Conveyance. Lands Act (43 U.S.C. 1344) is amended by and any revision or replacement for that Sec. 210. Prohibition on exports. striking subsection (b) and inserting the fol- agreement that is agreed to by the Secretary Sec. 211. Allocation of revenues. lowing: of Defense and the Secretary of the Interior TITLE III—OIL SHALE ‘‘(b) DOMESTIC OIL AND NATURAL GAS PRO- after that date but before the date of Sec. 301. Findings. DUCTION GOAL.— issuance of the lease under which the explo- Sec. 302. Definition of Secretary. ‘‘(1) IN GENERAL.—In developing a 5-year oil ration, development, or production is con- Sec. 303. Effectiveness of oil shale regula- and gas leasing program, the Secretary shall ducted. tions, amendments to resource establish a domestic strategic production SEC. 106. REQUIREMENT TO CONDUCT PRO- management plans, and record goal for the development of oil and natural POSED OIL AND GAS LEASE SALE 222 of decisions. gas under the program that is— IN THE CENTRAL GULF OF MEXICO. Sec. 304. Lease sales. ‘‘(A) the best estimate of the potential in- (a) IN GENERAL.—The Secretary shall con- crease in domestic production of oil and nat- duct offshore oil and gas Lease Sale 222 TITLE IV—ENERGY DEVELOPMENT AT ural gas from the outer Continental Shelf; under section 8 of the Outer Continental MILITARY INSTALLATIONS and Shelf Lands Act (43 U.S.C. 1337) as soon as Sec. 401. Energy development at military in- ‘‘(B) focused on— practicable after the date of enactment of stallations. ‘‘(i) meeting the demand for oil and nat- this Act, but not later than September 1, TITLE V—HYDRAULIC FRACTURING ural gas in the United States; 2012. (b) ENVIRONMENTAL REVIEW.—For the pur- Sec. 501. Findings. ‘‘(ii) reducing the dependence of the United poses of that lease sale, the Environmental Sec. 502. Definition of Federal land. States on foreign energy sources; and Impact Statement for the 2007–2012 5–Year Sec. 503. State authority. ‘‘(iii) the production increases to be Outer Continental Shelf Plan and the TITLE I—OUTER CONTINENTAL SHELF achieved by the leasing program at the end of the 15-year period beginning on the effec- Multisale Environmental Impact Statement SEC. 101. DEFINITIONS. tive date of the program. shall be considered to satisfy the require- ments of the National Environmental Policy In this title: ‘‘(2) 2012–2017 PROGRAM GOAL.—For purposes (1) ENVIRONMENTAL IMPACT STATEMENT FOR of the 5-year oil and gas leasing program for Act of 1969 (42 U.S.C. 4321 et seq.). THE 2007–2012 5–YEAR OUTER CONTINENTAL SHELF fiscal years 2012-2017, the production goal re- SEC. 107. ADDITIONAL LEASES. PLAN.—The term ‘‘Environmental Impact ferred to in paragraph (1) shall be an increase Section 18 of the Outer Continental Shelf Statement for the 2007–2012 5–Year Outer by 2027 of— Lands Act (43 U.S.C. 1344) is amended by add- Continental Shelf Plan’’ means the Final En- ‘‘(A) not less than 3,000,000 barrels in the ing at the end the following: ‘‘(i) ADDITIONAL LEASE SALES.—In addition vironmental Impact Statement for Outer quantity of oil produced per day; and to lease sales conducted in accordance with a Continental Shelf Oil and Gas Leasing Pro- ‘‘(B) not less than 10,000,000,000 cubic feet leasing program under this section, the Sec- gram: 2007–2012 (April 2007) prepared by the in the quantity of natural gas produced per retary may hold lease sales for areas identi- Secretary. day. fied by the Secretary to have the greatest (2) MULTISALE ENVIRONMENTAL IMPACT ‘‘(3) REPORTS.—At the end of each 5-year potential for new oil and gas development as STATEMENT.—The term ‘‘Multisale Environ- oil and gas leasing program and annually a result of local support, new seismic find- mental Impact Statement’’ means the Envi- thereafter, the Secretary shall submit to the ings, or nomination by interested persons.’’. ronmental Impact Statement for Proposed Committee on Energy and Natural Resources Western Gulf of Mexico Outer Continental of the Senate and the Committee on Natural TITLE II—COASTAL PLAIN ENERGY Shelf Oil and Gas Lease Sales 204, 207, 210, Resources of the House of Representatives a DEVELOPMENT 215, and 218, and Proposed Central Gulf of report that describes the progress of the ap- SEC. 201. DEFINITIONS. Mexico Outer Continental Shelf Oil and Gas plicable 5-year program with respect to In this title: Lease Sales 205, 206, 208, 213, 216, and 222 achieving the production goal established for (1) COASTAL PLAIN.—The term ‘‘Coastal (September 2008) prepared by the Secretary. the program, including— Plain’’ means that area described in appen- (3) SECRETARY.—The term ‘‘Secretary’’ ‘‘(A) any projections for production under dix I to part 37 of title 50, Code of Federal means the Secretary of the Interior. the program; and Regulations. SEC. 102. OUTER CONTINENTAL SHELF LEASING ‘‘(B) identifying any problems with leasing, (2) FINAL STATEMENT.—The term ‘‘Final PROGRAM. permitting, or production that would pre- Statement’’ means the final legislative envi- Section 18(a) of the Outer Continental vent the production goal from being ronmental impact statement on the Coastal Shelf Lands Act (43 U.S.C. 1344(a)) is amend- achieved.’’. Plain, dated April 1987, and prepared pursu- ed by adding at the end the following: SEC. 104. REQUIREMENT TO CONDUCT PRO- ant to section 1002 of the Alaska National In- ‘‘(5) In each oil and gas leasing program POSED OIL AND GAS LEASE SALE 216 terest Lands Conservation Act (16 U.S.C. under this section, the Secretary shall make IN THE CENTRAL GULF OF MEXICO. 3142) and section 102(2)(C) of the National En- available for leasing and conduct lease sales (a) IN GENERAL.—The Secretary shall con- vironmental Policy Act of 1969 (42 U.S.C. that include— duct offshore oil and gas Lease Sale 216 4332(2)(C)).

VerDate Mar 15 2010 06:05 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.041 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2107

(3) PEER REVIEWED.—The term ‘‘peer re- Policy Act of 1969 (42 U.S.C. 4321 et seq.) that development, and production (as determined viewed’’ means a peer review conducted— apply with respect to pre-leasing activities, under section 203) under terms that permit (A) by individuals chosen by the National including actions authorized to be taken by the use of horizontal drilling technology Academy of Sciences that have no contrac- the Secretary to develop and promulgate the from sites on leases located outside the spe- tual relationship with or an application for a regulations for the establishment of a leas- cial area. grant or other funding pending with a Fed- ing program authorized by this title before (g) LIMITATION ON CLOSED AREAS.—The sole eral agency with leasing jurisdiction; or the conduct of the first lease sale. authority of the Secretary to close land (B) if individuals described in subpara- (3) COMPLIANCE WITH NEPA FOR OTHER AC- within the Coastal Plain to oil and gas leas- graph (A) are not available, by the top indi- TIONS.— ing or to exploration, development, or pro- viduals in the specified biological fields, as (A) IN GENERAL.—Before conducting the duction shall be the authority provided determined by the National Academy of first lease sale under this title, the Secretary under this title. Sciences. shall prepare an environmental impact (h) REGULATIONS.— (4) SECRETARY.—The term ‘‘Secretary’’ statement in accordance with the National (1) IN GENERAL.—Subject to subsection (b), means the Secretary of the Interior (or a Environmental Policy Act of 1969 (42 U.S.C. not later than 15 months after the date of en- designee of the Secretary of the Interior), 4321 et seq.) with respect to the actions au- actment of this Act, the Secretary shall acting through the Director of the Bureau of thorized by this title that are not referred to issue such regulations as are necessary to Land Management (or any successor organi- in paragraph (2). carry out this title, including rules and regu- zation) in consultation with the Director of (B) IDENTIFICATION AND ANALYSIS.—Not- lations relating to protection of the fish and the United States Fish and Wildlife Service withstanding any other provision of law, in wildlife, fish and wildlife habitat, and sub- (or any successor organization). carrying out this paragraph, the Secretary sistence resources of the Coastal Plain. SEC. 202. LEASING PROGRAM FOR LAND WITHIN shall not be required— (2) REVISION OF REGULATIONS.—The Sec- THE COASTAL PLAIN. (i) to identify nonleasing alternative retary may, through a rulemaking conducted (a) IN GENERAL.—Subject to subsection (b), courses of action; or in accordance with section 553 of title 5, the Secretary shall take such actions as are (ii) to analyze the environmental effects of United States Code, periodically review and, necessary— those courses of action. if appropriate, revise the regulations issued (1) to establish and implement, in accord- (C) IDENTIFICATION OF PREFERRED ACTION.— under paragraph (1) to reflect a preponder- ance with this title, a competitive oil and Not later than 18 months after the date of ance of the best available scientific evidence gas leasing program that will result in the enactment of this Act, the Secretary shall— that is peer reviewed and obtained by fol- exploration, development, and production of (i) identify only a preferred action and a lowing appropriate, documented scientific the oil and gas resources of the Coastal single leasing alternative for the first lease procedures, the results of which can be re- Plain; and sale authorized under this title; and peated using those same procedures. (2) to administer this title through regula- (ii) only analyze the environmental effects SEC. 203. LEASE SALES. tions, lease terms, conditions, restrictions, and potential mitigation measures for those (a) IN GENERAL.—Land may be leased pur- prohibitions, stipulations, and other provi- 2 alternatives. suant to this title to any person qualified to sions that— (D) PUBLIC COMMENTS.—In carrying out obtain a lease for deposits of oil and gas (A) ensure the oil and gas exploration, de- this paragraph, the Secretary shall consider under the Mineral Leasing Act (30 U.S.C. 181 velopment, and production activities on the only public comments that are filed not later et seq.). Coastal Plain will result in no significant than 10 days after the date of publication of (b) PROCEDURES.—Not later than 180 days permanent and irreversible adverse effect on a draft environmental impact statement. after the date of enactment of this Act, the fish and wildlife, their habitat, subsistence (E) EFFECT OF COMPLIANCE.—Notwith- Secretary shall, by regulation, establish pro- resources, and the environment; and standing any other provision of law, compli- cedures for— (B) require the application of the best com- ance with this paragraph shall be considered (1) the quarterly receipt and consideration mercially available technology for oil and to satisfy all requirements for the analysis of sealed nominations for any area in the gas exploration, development, and produc- and consideration of the environmental ef- Coastal Plain for inclusion in, or exclusion tion to all exploration, development, and fects of proposed leasing under this title. (as provided in subsection (c)) from, a lease production operations under this title in a (e) RELATIONSHIP TO STATE AND LOCAL AU- sale; manner that ensures the receipt of fair mar- THORITY.—Nothing in this title expands or (2) the holding of lease sales after that ket value by the public for the mineral re- limits any State or local regulatory author- nomination process; and sources to be leased. ity. (f) SPECIAL AREAS.— (3) public notice of and comment on des- (b) ADMINISTRATION.—None of the provi- sions of this title (including regulations, (1) DESIGNATION.— ignation of areas to be included in, or ex- terms, conditions, restrictions, prohibitions, (A) IN GENERAL.—The Secretary, after con- cluded from, a lease sale. stipulations, and other provisions deter- sultation with the State of Alaska, the (c) LEASE SALE BIDS.—Lease sales under mined by the Secretary to be necessary North Slope Borough, Alaska, and the City this title may be conducted through an under this title) shall limit the ability of a of Kaktovik, Alaska, may designate not Internet leasing program, if the Secretary lessee— more than 45,000 acres of the Coastal Plain determines that the program will result in— (1) to create jobs; or as a special area if the Secretary determines (1) savings to the taxpayer; (2) to conduct, to the maximum extent that the special area is of such unique char- (2) an increase in the number of bidders practicable, any of the activities required to acter and interest as to require special man- participating; and fully and completely explore, develop, and agement and regulatory protection. (3) higher returns than oral bidding or a produce oil and gas resources under a lease. (B) SADLEROCHIT SPRING AREA.—The Sec- sealed bidding system. (c) REPEAL.— retary shall designate as a special area in ac- (d) ACREAGE MINIMUM IN FIRST SALE.—For (1) REPEAL.—Section 1003 of the Alaska Na- cordance with subparagraph (A) the the first lease sale under this title, the Sec- tional Interest Lands Conservation Act (16 Sadlerochit Spring area, comprising approxi- retary shall offer for lease those tracts the U.S.C. 3143) is repealed. mately 4,000 acres. Secretary considers to have the greatest po- (2) CONFORMING AMENDMENT.—The table of (2) MANAGEMENT.—The Secretary shall tential for the discovery of hydrocarbons, contents contained in section 1 of that Act manage each special area designated under taking into consideration nominations re- (16 U.S.C. 3101 note) is amended by striking this subsection in a manner that preserves ceived pursuant to subsection (b)(1), but in the item relating to section 1003. the unique and diverse character of the area, no case less than 200,000 acres. (d) COMPLIANCE WITH REQUIREMENTS UNDER including fish, wildlife, subsistence re- (e) TIMING OF LEASE SALES.— CERTAIN OTHER LAWS.— sources, and cultural values of the area. (1) IN GENERAL.—Subject to paragraph (2), (1) COMPATIBILITY.—For purposes of the (3) EXCLUSION FROM LEASING OR SURFACE the Secretary shall— National Wildlife Refuge System Adminis- OCCUPANCY.— (A) not later than 22 months after the date tration Act of 1966 (16 U.S.C. 668dd et seq.)— (A) IN GENERAL.—The Secretary may ex- of enactment of this Act, conduct the first (A) the oil and gas pre-leasing and leasing clude any special area designated under this lease sale under this title; program, and activities authorized by this subsection from leasing. (B) offer for lease under this title not less section in the Coastal Plain, shall be consid- (B) NO SURFACE OCCUPANCY.—If the Sec- than an additional 50,000 acres at 6-, 12-, and ered to be compatible with the purposes for retary leases all or a portion of a special 18-month intervals following the first lease which the Arctic National Wildlife Refuge area for the purposes of oil and gas explo- sale conducted under subparagraph (A); was established; and ration, development, production, and related (C) conduct additional sales at appropriate (B) no further findings or decisions shall be activities, there shall be no surface occu- intervals, that are not less frequent than required to implement that program and pancy of the land comprising the special quarterly, if sufficient interest in explo- those activities. area. ration or development exists to warrant the (2) ADEQUACY OF THE DEPARTMENT OF THE (4) DIRECTIONAL DRILLING.—Notwith- conduct of the additional sales; and INTERIOR’S LEGISLATIVE ENVIRONMENTAL IM- standing any other provision of this sub- (D) evaluate bids for each sale and issue PACT STATEMENT.—The Final Statement section, the Secretary shall lease any por- leases resulting from the sales, not later shall be considered to satisfy the require- tion of a special area for which there is com- than 60 days after the date of the completion ments under the National Environmental mercial demand for oil and gas exploration, of the sale.

VerDate Mar 15 2010 06:05 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.041 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2108 CONGRESSIONAL RECORD — SENATE March 27, 2012

(2) ADMINISTRATION.—Nothing in paragraph (b) APPROVAL OR DENIAL.— on pages 167 through 169 of the Final State- (1) shall prevent the Secretary from issuing (1) IN GENERAL.—Not later 30 days after the ment, on the Coastal Plain; a lease during the 60-day period beginning on date a lessee requests approval for a delega- (B) seasonal limitations on exploration, de- the date of the completion of a lease sale. tion or conveyance under subsection (a)(4), velopment, and related activities, as nec- SEC. 204. GRANT OF LEASES BY THE SECRETARY. the Secretary shall— essary, to avoid significant permanent and (a) IN GENERAL.—On payment by a lessee of (A) approve or deny the request; and irreversible adverse effects during periods of such bonus as may be accepted by the Sec- (B) announce the decision. concentrated fish and wildlife breeding, retary, the Secretary shall grant to the high- (2) CONSTRUCTIVE APPROVAL.—If the Sec- denning, nesting, spawning, and migration est responsible qualified bidder in a lease retary does not announce the approval or de- based on the best available scientific evi- sale conducted pursuant to section 203 a nial of a request for a delegation or convey- dence that is peer reviewed and obtained by lease for any land on the Coastal Plain. ance in accordance with paragraph (1), the following appropriate, documented scientific (b) SUBSEQUENT TRANSFERS.— request shall be considered approved. procedures, the results of which can be re- (1) IN GENERAL.—No lease issued under this SEC. 206. COASTAL PLAIN ENVIRONMENTAL PRO- peated using those same procedures; title may be sold, exchanged, assigned, sub- TECTION. (C) design safety and construction stand- let, or otherwise transferred except with the (a) NO SIGNIFICANT ADVERSE EFFECT ards for all pipelines and any access and approval of the Secretary. STANDARD TO GOVERN AUTHORIZED COASTAL service roads that minimize, to the max- (2) APPROVAL OR DENIAL.— PLAIN ACTIVITIES.—In accordance with sec- imum extent practicable, significant perma- (A) IN GENERAL.—Not later 30 days after tion 202, the Secretary shall administer this nent and irreversible adverse effects on— the date a lessee requests approval for a title through regulations, lease terms, condi- (i) the passage of migratory species (such transfer under paragraph (1), the Secretary tions, restrictions, prohibitions, stipula- as caribou); and shall— tions, or other provisions that— (ii) the flow of surface water by requiring (i) approve or deny the request; and (1) ensure, to the maximum extent prac- the use of culverts, bridges, or other struc- (ii) announce the decision. ticable, that oil and gas exploration, devel- tural devices; (B) CONSTRUCTIVE APPROVAL.—If the Sec- opment, and production activities on the (D) prohibitions on general public access retary does not announce the approval or de- Coastal Plain will result in no significant to, and use of, all pipeline access and service nial of a request for a transfer in accordance permanent and irreversible adverse effect on roads; with subparagraph (A), the request shall be fish and wildlife, fish and wildlife habitat, (E) stringent reclamation and rehabilita- considered approved. and the environment; tion requirements in accordance with this (3) CONDITION FOR APPROVAL.—Before (2) require the application of the best com- title for the removal from the Coastal Plain granting any approval described in para- mercially available technology for oil and of all oil and gas development and produc- graph (1), the Secretary shall consult with gas exploration, development, and produc- tion facilities, structures, and equipment on and give due consideration to the opinion of tion on all new exploration, development, completion of oil and gas production oper- the Attorney General. and production operations; and ations, except in a case in which the Sec- (3) ensure that the maximum surface acre- SEC. 205. LEASE TERMS AND CONDITIONS. retary determines that those facilities, age covered in connection with the leasing (a) IN GENERAL.—Subject to section 202(b) structures, or equipment— and subsection (b), an oil or gas lease issued program by production and support facili- (i) would assist in the management of the pursuant to this title shall— ties, including airstrips and any areas cov- Arctic National Wildlife Refuge; and (1) provide for the payment of a royalty of ered by gravel berms or piers for support of (ii) are donated to the United States for pipelines, does not exceed 10,000 acres on the not less than 12 1⁄2 percent of the amount or that purpose; value of the production removed or sold from Coastal Plain for each 100,000 acres of area (F) appropriate prohibitions or restrictions the lease, as determined by the Secretary in leased. on— (b) SITE-SPECIFIC ASSESSMENT AND MITIGA- accordance with regulations applicable to (i) access by all modes of transportation; TION.—The Secretary shall require, with re- other Federal oil and gas leases; (ii) sand and gravel extraction; and spect to any proposed drilling and related ac- (2) provide that the Secretary may close, tivities on the Coastal Plain, that— (iii) use of explosives; on a seasonal basis, for a period of not more (1) a site-specific environmental analysis (G) reasonable stipulations for protection than 60 days, such portions of the Coastal be made of the probable effects, if any, that of cultural and archaeological resources; Plain to exploratory drilling activities as are the drilling or related activities will have on (H) reasonable measures to protect ground- necessary to protect caribou calving areas fish and wildlife, fish and wildlife habitat, water and surface water, including— and other species of fish and wildlife based subsistence resources, subsistence uses, and (i) avoidance, to the maximum extent on a preponderance of the best available sci- the environment; practicable, of springs, streams, and river entific evidence that is peer reviewed and ob- (2) a plan be implemented to avoid, mini- systems; tained by following appropriate, documented mize, and mitigate (in that order and to the (ii) the protection of natural surface drain- scientific procedures, the results of which maximum extent practicable) any signifi- age patterns and wetland and riparian habi- can be repeated using those same procedures; cant permanent and irreversible adverse ef- tats; and (3) require that each lessee of land within fect identified under paragraph (1); and (iii) the regulation of methods or tech- the Coastal Plain shall be fully responsible (3) the development of the plan occur after niques for developing or transporting ade- and liable for the reclamation of land within consultation with each agency having juris- quate supplies of water for exploratory drill- the Coastal Plain and any other Federal land diction over matters mitigated by the plan. ing; and that is adversely affected in connection with (c) REGULATIONS TO PROTECT COASTAL (I) research, monitoring, and reporting re- exploration, development, production, or PLAIN FISH AND WILDLIFE RESOURCES, SUB- quirements; transportation activities within the Coastal SISTENCE USERS, AND THE ENVIRONMENT.—Not (3) that exploration activities (except sur- Plain conducted by the lessee or by any of later than 180 days after the date of enact- face geological studies) be limited to the pe- the subcontractors or agents of the lessee; ment of this Act, subject to section 202(b), riod between approximately November 1 and (4) provide that the lessee may not dele- the Secretary shall prepare and issue regula- May 1 of each year and be supported, if nec- gate or convey, by contract or otherwise, tions, lease terms, conditions, restrictions, essary, by ice roads, winter trails with ade- that reclamation responsibility and liability prohibitions, stipulations, or other measures quate snow cover, ice pads, ice airstrips, and to another person without the express writ- designed to ensure, to the maximum extent air transport methods (except that those ex- ten approval of the Secretary; practicable, that the activities carried out ploration activities may be permitted at (5) provide that the standard of reclama- on the Coastal Plain under this title are con- other times if the Secretary determines that tion for land required to be reclaimed under ducted in a manner consistent with the pur- the exploration will have no significant per- this title shall be, to the extent practicable— poses and environmental requirements of manent and irreversible adverse effect on (A) a condition capable of supporting the this title. fish and wildlife, fish and wildlife habitat, uses that the land was capable of supporting (d) COMPLIANCE WITH FEDERAL AND STATE subsistence resources, and the environment prior to any exploration, development, or ENVIRONMENTAL LAWS AND OTHER REQUIRE- of the Coastal Plain); production activities; or MENTS.—Subject to section 202(b), the pro- (4) consolidation of facility siting; (B) upon application by the lessee, to a posed regulations, lease terms, conditions, (5) avoidance or reduction of air traffic-re- higher or better standard, as approved by the restrictions, prohibitions, and stipulations lated disturbance to fish and wildlife; Secretary; for the leasing program under this title shall (6) treatment and disposal of hazardous (6) contain terms and conditions relating require— and toxic wastes, solid wastes, reserve pit to protection of fish and wildlife, fish and (1) compliance with all applicable provi- fluids, drilling muds and cuttings, and do- wildlife habitat, subsistence resources, and sions of Federal and State environmental mestic wastewater, including, in accordance the environment as required under section law (including regulations); with applicable Federal and State environ- 202(a); and (2) implementation of and compliance mental laws (including regulations)— (7) contain such other provisions as the with— (A) preparation of an annual waste man- Secretary determines to be necessary to en- (A) standards that are at least as effective agement report; sure compliance with this title and regula- as the safety and environmental mitigation (B) development and implementation of a tions issued under this title. measures, as described in items 1 through 29 hazardous materials tracking system; and

VerDate Mar 15 2010 07:08 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.041 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2109 (C) prohibition on the use of chlorinated scribed in subparagraph (A), during the 90- leasing and operations authorized under this solvents; day period beginning on the date on which title: (7) fuel storage and oil spill contingency the complainant knew or reasonably should (1) 50 percent shall be deposited in the gen- planning; have known about the grounds for the com- eral fund of the Treasury. (8) conduct of periodic field crew environ- plaint. (2) 50 percent shall be disbursed to the mental briefings; (2) VENUE.—A complaint seeking judicial State of Alaska. (9) avoidance of significant adverse effects review of a provision of this title or an ac- TITLE III—OIL SHALE on subsistence hunting, fishing, and trapping tion of the Secretary under this title shall be SEC. 301. FINDINGS. by subsistence users; filed in the United States Court of Appeals Congress finds that— (10) compliance with applicable air and for the District of Columbia. (1) the Office of Naval Petroleum and Oil water quality standards; (3) SCOPE.— Shale Reserves at the Department of Energy (11) appropriate seasonal and safety zone (A) IN GENERAL.—Judicial review of a deci- designations around well sites, within which has estimated that oil shale resources lo- sion of the Secretary under this title (includ- cated on Federal land hold approximately subsistence hunting and trapping shall be ing an environmental analysis of such a limited; and 2,000,000,000,000 recoverable barrels of oil; lease sale) shall be— (2) oil shale is a strategically important (12) development and implementation of (i) limited to a review of whether the deci- such other protective environmental require- domestic resource that should be developed sion is in accordance with this title; and to reduce the growing dependence of the ments, restrictions, terms, or conditions as (ii) based on the administrative record of the Secretary, determines to be necessary. United States on politically and economi- the decision. cally unstable sources of foreign oil imports; (e) CONSIDERATIONS.—In preparing and (B) PRESUMPTIONS.—Any identification by issuing regulations, lease terms, conditions, (3) the development of oil shale for re- the Secretary of a preferred course of action search and commercial development should restrictions, prohibitions, or stipulations relating to a lease sale, and any analysis by under this section, the Secretary shall take be conducted— the Secretary of environmental effects, (A) in an environmentally sound manner; into consideration— under this title shall be presumed to be cor- (1) the stipulations and conditions that (B) using practices that minimize the im- rect unless proven otherwise by clear and govern the National Petroleum Reserve— pacts of the development; convincing evidence. Alaska leasing program, as set forth in the (C) with an emphasis on sustainability; and (b) LIMITATION ON OTHER REVIEW.—Any ac- (D) in a manner that benefits the United 1999 Northeast National Petroleum Reserve— tion of the Secretary that is subject to judi- States while taking into account affected Alaska Final Integrated Activity Plan/Envi- cial review under this section shall not be States and communities; ronmental Impact Statement; subject to judicial review in any civil or (2) the environmental protection standards (4) oil shale is 1 of the best resources avail- criminal proceeding for enforcement. that governed the initial Coastal Plain seis- able for advancing technology and creating (c) LIMITATION ON ATTORNEYS’ FEES AND mic exploration program under parts 37.31 jobs in the United States; and COURT COSTS.—No person seeking judicial re- through 37.33 of title 50, Code of Federal Reg- view of any action under this title shall re- (5) oil shale will be a critically important ulations (or successor regulations); and ceive payment from the Federal Government component of the transportation fuel sector (3) the land use stipulations for explor- for attorneys’ fees and other court costs by providing a secure domestic source of atory drilling on the KIC-ASRC private land under any provision of law, including under aviation fuel for commercial and military described in Appendix 2 of the agreement be- any amendment made by the Equal Access to uses. tween Arctic Slope Regional Corporation and Justice Act (5 U.S.C. 504 note; Public Law 96– SEC. 302. DEFINITION OF SECRETARY. the United States dated August 9, 1983. 481). In this title, the term ‘‘Secretary’’ means (f) FACILITY CONSOLIDATION PLANNING.— the Secretary of the Interior. SEC. 208. RIGHTS-OF-WAY AND EASEMENTS (1) IN GENERAL.—After providing for public SEC. 303. EFFECTIVENESS OF OIL SHALE REGU- notice and comment, the Secretary shall pre- ACROSS COASTAL PLAIN. For purposes of section 1102(4)(A) of the LATIONS, AMENDMENTS TO RE- pare and periodically update a plan to gov- Alaska National Interest Lands Conserva- SOURCE MANAGEMENT PLANS, AND ern, guide, and direct the siting and con- RECORD OF DECISIONS. tion Act (16 U.S.C. 3162(4)(A)), any rights-of- struction of facilities for the exploration, de- (a) REGULATIONS.— way or easements across the Coastal Plain velopment, production, and transportation of (1) IN GENERAL.—Notwithstanding any for the exploration, development, produc- oil and gas resources from the Coastal Plain. other provision of law, the final rule entitled tion, or transportation of oil and gas shall be (2) OBJECTIVES.—The objectives of the plan ‘‘Oil Shale Management—General’’ (73 Fed. considered to be established incident to the shall be— Reg. 69414 (November 18, 2008)) shall be con- management of the Coastal Plain under this (A) the avoidance of unnecessary duplica- sidered to satisfy all legal and procedural re- section. tion of facilities and activities; quirements of applicable law, including— (B) the encouragement of consolidation of SEC. 209. CONVEYANCE. (A) the Endangered Species Act of 1973 (16 common facilities and activities; In order to maximize revenue to the Fed- U.S.C. 1531 et seq.); (C) the location or confinement of facili- eral Government, notwithstanding section (B) the National Environmental Policy Act ties and activities to areas that will mini- 1302(h)(2) of the Alaska National Interest of 1969 (42 U.S.C. 4321 et seq.); mize impact on fish and wildlife, fish and Lands Conservation Act (16 U.S.C. 3192(h)(2)), (C) the Federal Land Policy and Manage- wildlife habitat, subsistence resources, and to remove any cloud on title to land, and to ment Act of 1976 (43 U.S.C. 1701 et seq.); and the environment; clarify land ownership patterns in the Coast- (D) the Energy Policy Act of 2005 (42 U.S.C. (D) the use of existing facilities, to the al Plain, the Secretary shall— 15801 et seq.) and amendments made by that maximum extent practicable; and (1) to the extent necessary to fulfill the en- Act. (E) the enhancement of compatibility be- titlement of the Kaktovik Inupiat Corpora- (2) IMPLEMENTATION.—The Secretary shall tween wildlife values and development ac- tion under sections 12 and 14 of the Alaska implement the regulations described in para- tivities. Native Claims Settlement Act (43 U.S.C. graph (1) (including the oil shale and oil (g) ACCESS TO PUBLIC LAND.—The Sec- 1611, 1613), as determined by the Secretary, sands leasing program authorized by the reg- retary shall— convey to that Corporation the surface es- ulations) without regard to any other admin- (1) manage public land in the Coastal Plain tate of the land described in paragraph (1) of istrative requirements. in accordance with subsections (a) and (b) of Public Land Order 6959, in accordance with (b) RESOURCE MANAGEMENT PLAN AND section 811 of the Alaska National Interest the terms and conditions of the agreement RECORD OF DECISION.— Lands Conservation Act (16 U.S.C. 3121); and between the Secretary, the United States (1) DEFINITION OF COVERED OIL SHALE AND (2) ensure that local residents shall have Fish and Wildlife Service, the Bureau of LEASING PROGRAM.—In this subsection, the reasonable access to public land in the Land Management, and the Kaktovik term ‘‘covered oil shale and leasing pro- Coastal Plain for traditional uses. Inupiat Corporation, dated January 22, 1993; gram’’ means the oil shale and leasing pro- SEC. 207. EXPEDITED JUDICIAL REVIEW. and gram established by— (a) FILING OF COMPLAINTS.— (2) convey to the Arctic Slope Regional (A) the programmatic environmental im- (1) DEADLINE.—A complaint seeking judi- Corporation the remaining subsurface estate pact statement for commercial leasing for cial review— to which that Corporation is entitled under oil and tar sand development in Colorado, (A) of a provision of this title shall be filed the agreement between that corporation and Utah, and Wyoming issued by the Bureau of by not later than 1 year after the date of en- the United States, dated August 9, 1983. Land Management during September 2008; actment of this Act; or SEC. 210. PROHIBITION ON EXPORTS. and (B) of any action of the Secretary under An oil or gas lease issued under this title (B) the Record of Decision that adopted the this title shall be filed— shall prohibit the exportation of oil or gas proposed land use amendments issued by the (i) except as provided in subparagraph (B), produced under the lease. Bureau of Land Management on November during the 90-day period beginning on the SEC. 211. ALLOCATION OF REVENUES. 17, 2008. date on which the action being challenged Notwithstanding the Mineral Leasing Act (2) REQUIREMENTS.—Notwithstanding any was carried out; or (30 U.S.C. 181 et seq.) or any other provision other provision of law, the covered oil shale (ii) in the case of a complaint based solely of law, of the adjusted bonus, rental, and and leasing program shall be considered to on grounds arising after the 90-day period de- royalty receipts from Federal oil and gas satisfy all legal and procedural requirements

VerDate Mar 15 2010 06:05 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.041 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2110 CONGRESSIONAL RECORD — SENATE March 27, 2012 of applicable law, including the provisions of activities is environmentally proactive and regulation, guidance, or permit requirement law described in subsection (a)(1). preventive’’; regarding the underground injection of fluids (3) IMPLEMENTATION.—The Secretary shall (3) that report also concluded that ‘‘[a]ll or propping agents pursuant to the hydraulic implement the covered oil shale and leasing oil and gas producing States have regula- fracturing process, or any component of that program without regard to any other admin- tions which are designed to provide protec- process, relating to oil, gas, or geothermal istrative requirements. tion for water resources’’; production activities on or under any land SEC. 304. LEASE SALES. (4) a 2004 study by the Environmental Pro- within the boundaries of the State. (b) FEDERAL LAND.—The underground in- (a) ADDITIONAL RESEARCH AND DEVELOP- tection Agency, entitled ‘‘Evaluation of Im- jection of fluids or propping agents pursuant MENT LEASE SALES.—Not later than 180 days pacts to Underground Sources of Drinking after the date of enactment of this Act, the Water by Hydraulic Fracturing of Coalbed to the hydraulic fracturing process, or any Secretary shall hold a lease sale in which the Methane Reservoirs’’, found no evidence of components of that process, relating to oil, gas, or geothermal production activities on Secretary shall offer an additional 10 parcels drinking water wells contaminated by frac- Federal land shall be subject to the law of for lease for research, development, and dem- ture fluid from the fracked formation; the State in which the land is located. onstration of oil shale resources in accord- (5) a 2009 report by the Ground Water Pro- tection Council, entitled ‘‘State Oil and Nat- ance with the terms offered in the solicita- SA 1975. Mr. MERKLEY (for himself, tion of bids for the leases published on Janu- ural Gas Regulations Designed to Protect Mr. LEE, Mr. TESTER, Mr. BAUCUS, and ary 15, 2009 (74 Fed. Reg. 2611). Water Resources’’, found a ‘‘lack of evi- YDEN (b) COMMERCIAL LEASE SALES.— dence’’ that hydraulic fracturing conducted Mr. W ) submitted an amendment (1) IN GENERAL.—Not later than January 1, in both deep and shallow formations presents intended to be proposed by him to the 2016, the Secretary shall hold not less than 5 a risk of endangerment to ground water; bill S. 1789, to improve, sustain, and separate commercial lease sales in areas con- (6) a January 2009 resolution by the Inter- transform the United States Postal sidered to have the most potential for oil state Oil and Gas Compact Commission stat- Service which was ordered to lie on the shale or oil sands development, as deter- ed ‘‘The states, who regulated production, table; as follows: have comprehensive laws and regulations to mined by the Secretary, in areas nominated At the end of section 204, add the fol- ensure operations are safe and to protect through public comment. lowing: drinking water. States have found no (2) ADMINISTRATION.—Each lease sale shall (d) LIMITATION ON CLOSING OF POST OF- verified cases of groundwater contamination be— FICES.—Section 404(d) of title 39, United (A) for an area of not less than 25,000 acres; associated with hydraulic fracturing.’’; States Code, as amended by this Act, is and (7) on May 24, 2011, before the Oversight amended by adding at the end the following: (B) in multiple lease blocs. and Government Reform Committee of the ‘‘(7)(A) Notwithstanding any other provi- (c) REDUCED PAYMENTS TO ENSURE PRODUC- House of Representatives, Lisa Jackson, the sion of this subsection, in making any deter- TION.—If the Secretary determines that the Administrator of the Environmental Protec- mination under subsection (a)(3) as to the royalties, fees, rentals, bonus bids, or other tion Agency, testified that she was ‘‘not necessity for the closing or consolidation of payments for leases of Federal land for the aware of any proven case where the fracking any post office, the Postal Service may not development and production of oil shale re- process itself has affected water’’; close any post office if the closing would— sources authorized by Federal law are hin- (8) in 2011, Bureau of Land Management Di- ‘‘(i) result in more than 10 miles distance dering production of the oil shale resources, rector Bob Abbey stated, ‘‘We have not seen (as measured on roads with year-round ac- the Secretary may temporarily reduce the evidence of any adverse effect as a result of cess) between any 2 post offices; or royalties, fees, rentals, bonus bids, or other the use of the chemicals that are part of that ‘‘(ii) require a postal customer to travel payments to provide incentives for, and en- fracking technology.’’; more than 10 miles to reach a post office courage the development of, the oil shale re- (9)(A) activities relating to hydraulic frac- that is inaccessible by road. sources. turing (such as surface discharges, waste- ‘‘(B) Nothing in this paragraph may be water disposal, and air emissions) are al- TITLE IV—ENERGY DEVELOPMENT AT construed to encourage the Postal Service to ready regulated at the Federal level under a MILITARY INSTALLATIONS close a post office not described in subpara- variety of environmental statutes, including graph (A).’’. SEC. 401. ENERGY DEVELOPMENT AT MILITARY portions of— INSTALLATIONS. (i) the Federal Water Pollution Control SA 1976. Ms. MURKOWSKI (for her- Section 35 of the Mineral Leasing Act (30 Act (33 U.S.C. 1251 et seq.); self, Mr. VITTER, Mr. BEGICH, and Mr. U.S.C. 191) is amended— (ii) the Safe Drinking Water Act (42 U.S.C. BARRASSO) submitted an amendment (1) in the first sentence of subsection (a), 300f et seq.); and by striking ‘‘All money received’’ and insert- intended to be proposed by her to the (iii) the Clean Air Act (42 U.S.C. 7401 et bill S. 2204, to eliminate unnecessary ing ‘‘Subject to subsection (d), all money re- seq.); but ceived’’; and (B) Congress has continually elected not to tax subsidies and promote renewable (2) by adding at the end the following: include the hydraulic fracturing process in energy and energy conservation; which ‘‘(d) CERTAIN SALES, BONUSES, AND ROYAL- the underground injection control program was ordered to lie on the table; as fol- TIES.— under the Safe Drinking Water Act (42 U.S.C. lows: ‘‘(1) IN GENERAL.—Of the amounts received 300f et seq.); Strike all after the enacting clause and in- under subsection (a), the Secretary of the (10) in 2011, the Secretary of the Interior sert the following: Treasury shall transfer to the Secretary of announced the intention to promulgate new Defense for each military installation that SECTION 1. SHORT TITLE. Federal regulations governing hydraulic This Act may be cited as the ‘‘No Surface holds title to or occupies land on which oil fracturing on Federal land; and Occupancy Western Arctic Coastal Plain Do- and gas production is carried out, an amount (11) a February 2012 study by the Energy mestic Energy Security Act’’. equal to the total amount received from Institute at the University of Texas at Aus- sales, bonuses, rentals, or royalties (includ- SEC. 2. DEFINITIONS. tin entitled ‘‘Fact-Based Regulation for En- In this Act: ing interest charges) from the production or vironmental Protection in Shale Gas Devel- leasing of shale gas on the land. (1) COASTAL PLAIN.—The term ‘‘Coastal opment’’ found that ‘‘[n]o evidence of chemi- Plain’’ means the area identified as the ‘‘1002 ‘‘(2) USE OF FUNDS.—Any amounts received cals from hydraulic fracturing fluid has been by the Secretary of Defense under paragraph Coastal Plain Area’’ on the map. found in aquifers as a result of fracturing op- (2) FINAL STATEMENT.—The term ‘‘Final (1) shall be used to offset costs of military erations.’’. installations for— Statement’’ means the final legislative envi- SEC. 502. DEFINITION OF FEDERAL LAND. ‘‘(A) administrative operations; and ronmental impact statement on the Coastal In this title, the term ‘‘Federal land’’ ‘‘(B) the maintenance and repair of facili- Plain, dated April 1987, and prepared pursu- means— ties and infrastructure of military installa- ant to— (1) public lands (as defined in section 103 of tions.’’. (A) section 1002 of the Alaska National In- the Federal Land Policy and Management terest Lands Conservation Act (16 U.S.C. TITLE V—HYDRAULIC FRACTURING Act of 1976 (43 U.S.C. 1702)); 3142); and SEC. 501. FINDINGS. (2) National Forest System land; (B) section 102(2)(C) of the National Envi- Congress finds that— (3) land under the jurisdiction of the Bu- ronmental Policy Act of 1969 (42 U.S.C. (1) hydraulic fracturing is a commercially reau of Reclamation; 4332(2)(C)). viable practice that has been used in the (4) land under the jurisdiction of the Corps (3) MAP.—The term ‘‘map’’ means the map United States for more than 60 years in more of Engineers; and entitled ‘‘Arctic National Wildlife Refuge’’, than 1,000,000 wells; (5) Indian lands (as defined in section 3 of dated September 2005, and prepared by the (2) the Ground Water Protection Council, a the Native American Business Development, United States Geological Survey. national association of State water regu- Trade Promotion, and Tourism Act of 2000 (4) SECRETARY.—The term ‘‘Secretary’’ lators that is considered to be a leading (25 U.S.C. 4302)). means the Secretary of the Interior (or the groundwater protection organization in the SEC. 503. STATE AUTHORITY. designee of the Secretary), acting through United States, released a report finding that (a) IN GENERAL.—A State shall have the the Director of the Bureau of Land Manage- the ‘‘current State regulation of oil and gas sole authority to promulgate or enforce any ment, in consultation with the Director of

VerDate Mar 15 2010 06:05 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.041 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2111

the United States Fish and Wildlife Service (2) REVISION OF REGULATIONS.—The Sec- (3) require that each lessee of land within and in coordination with a State coordinator retary shall periodically review and, as ap- the Western Coastal Plain shall be fully re- appointed by the Governor of the State of propriate, revise the rules and regulations sponsible and liable for the reclamation of Alaska. promulgated under paragraph (1) to reflect land within the Western Coastal Plain and (5) WESTERN COASTAL PLAIN.—The term any significant biological, environmental, or any other Federal land that is adversely af- ‘‘Western Coastal Plain’’ means that area of engineering data that come to the attention fected in connection with exploration activi- the Coastal Plain— of the Secretary. ties conducted under the lease and within (A) that borders the land of the State of SEC. 4. LEASE SALES. the Western Coastal Plain by the lessee or by Alaska to the west and State of Alaska off- (a) QUALIFIED LESSEES.— any of the subcontractors or agents of the shore waters of the Beaufort Sea on the (1) IN GENERAL.—Except as provided in lessee; north; and paragraph (2), land may be leased under this (4) provide that the lessee may not dele- (B) from which the Secretary, in the sole Act to any person qualified to obtain a lease gate or convey, by contract or otherwise, the discretion of the Secretary, finds oil and gas for deposits of oil and gas under the Mineral reclamation responsibility and liability de- can be produced through the use of hori- Leasing Act (30 U.S.C. 181 et seq.). scribed in paragraph (3) to another person zontal drilling or other subsurface tech- (2) EXCLUSION.—Land may not be leased without the express written approval of the nology from sites outside or underneath the under this Act to any person prohibited from Secretary; surface of the Coastal Plain. participation in a lease sale under section (5) contain terms and conditions relating SEC. 3. LEASING PROGRAM FOR LAND WITHIN 1002(e)(2)(C) of the Alaska National Interest to protection of fish and wildlife, fish and THE WESTERN COASTAL PLAIN. Lands Conservation Act (16 U.S.C. wildlife habitat, subsistence resources, and (a) IN GENERAL.— 3142(e)(2)(C)). the environment as required under section (1) AUTHORIZATION.—There is authorized (b) PROCEDURES.—The Secretary shall, by 3(a)(2); the exploration, leasing, development, and regulation, establish procedures for— (6) provide that each lessee, and each agent production of oil and gas from the Western (1) receipt and consideration of sealed and contractor of a lessee, shall use the best Coastal Plain. nominations for any area in the Western efforts of the lessee to provide a fair share of (2) ACTIONS.—The Secretary shall take Coastal Plain for inclusion in, or exclusion employment and contracting for Alaska Na- such actions as are necessary— from, a lease sale; tives and Alaska Native Corporations from (A) to establish and implement, in accord- (2) the holding of lease sales after the nom- throughout the State, as determined by the ance with this Act, a competitive oil and gas ination process described in paragraph (1); level of obligation previously agreed to in leasing program that will result in an envi- and the Federal Agreement; and ronmentally sound program for the explo- (3) public notice of, and comment on, des- (7) contain such other provisions as the ration, development, and production of the ignation of areas to be included in, or ex- Secretary determines to be necessary to en- oil and gas resources of the Western Coastal cluded from, a lease sale. sure compliance with this Act, including reg- Plain; and (c) LEASE SALE BIDS.—Bidding for leases ulations promulgated under this Act. (B) to administer this Act through regula- under this Act shall be by sealed competitive tions, lease terms, conditions, restrictions, (b) PROJECT LABOR AGREEMENTS.—The Sec- cash bonus bids. retary, as a term and condition of each lease prohibitions, stipulations, and other provi- (d) ACREAGE MINIMUM IN FIRST SALE.—For sions that— under this Act, and in recognizing the pro- the first lease sale under this Act, the Sec- prietary interest of the Federal Government (i) ensure the oil and gas exploration, de- retary shall offer for lease those tracts the velopment, and production activities on the in labor stability and in the ability of con- Secretary considers to have the greatest po- struction labor and management to meet the Western Coastal Plain will result in no sig- tential for the discovery of hydrocarbons, nificant adverse effect on fish and wildlife, particular needs and conditions of projects taking into consideration nominations re- to be developed under the leases issued pur- fish and wildlife habitat, subsistence re- ceived pursuant to subsection (b)(1), but in sources, and the environment; suant to this Act (including the special con- no case less than 200,000 acres. cerns of the parties to those leases), shall re- (ii) prohibit surface occupancy of the West- (e) TIMING OF LEASE SALES.—The Secretary ern Coastal Plain during oil and gas develop- quire that each lessee, and each agent and shall— contractor of a lessee, under this Act nego- ment and production; and (1) not later than 18 months after the date (iii) require the application of the best tiate to obtain a project labor agreement for of enactment of this Act, conduct the first the employment of laborers and mechanics commercially available technology for oil lease sale under this Act; and gas exploration, development, and pro- on production, maintenance, and construc- (2) not later than 2 years after the first tion under the lease. duction to all exploration, development, and lease sale, conduct a second lease sale under production operations under this Act in a this Act; and SEC. 7. EXPEDITED JUDICIAL REVIEW. manner that ensures the receipt of fair mar- (3) conduct additional sales at appropriate (a) FILING OF COMPLAINTS.— ket value by the public for the mineral re- intervals if, as determined by the Secretary, sources to be leased. (1) DEADLINE.—A complaint seeking judi- sufficient interest in development exists to cial review of a provision of this Act or an (b) COMPLIANCE WITH REQUIREMENTS UNDER warrant the conduct of the additional sales. CERTAIN OTHER LAWS.— action of the Secretary under this Act shall SEC. 5. GRANT OF LEASES BY THE SECRETARY. (1) COMPATIBILITY.—For purposes of the be filed— National Wildlife Refuge System Adminis- (a) IN GENERAL.—On payment by a lessee of (A) except as provided in subparagraph (B), tration Act of 1966 (16 U.S.C. 668dd et seq.)— such bonus as may be accepted by the Sec- during the 90-day period beginning on the (A) the oil and gas leasing program and ac- retary, the Secretary may grant to the high- date on which the action being challenged tivities authorized by this section in the est responsible qualified bidder in a lease was carried out; or Western Coastal Plain shall be considered to sale conducted pursuant to section 4 a lease (B) in the case of a complaint based solely be compatible with the purposes for which for any land on the Western Coastal Plain. on grounds arising after the 90-day period de- (b) SUBSEQUENT TRANSFERS.— the Arctic National Wildlife Refuge was es- scribed in subparagraph (A), by not later (1) IN GENERAL.—No lease issued under this tablished; and than 90 days after the date on which the Act may be sold, exchanged, assigned, sublet, (B) no further findings or decisions shall be complainant knew or reasonably should have or otherwise transferred except with the ap- required to implement that program and known about the grounds for the complaint. proval of the Secretary. those activities. (2) VENUE.—A complaint seeking judicial (2) CONDITION FOR APPROVAL.—Before (2) ADEQUACY OF DOI LEGISLATIVE ENVIRON- review of a provision of this Act or an action granting any approval under paragraph (1), MENTAL IMPACT STATEMENT.—The Final of the Secretary under this Act shall be filed the Secretary shall consult with, and give Statement shall be considered to satisfy the in the United States Court of Appeals for the due consideration to the opinion of, the At- requirements of the National Environmental District of Columbia Circuit. torney General. Policy Act of 1969 (42 U.S.C. 4321 et seq.) that (3) SCOPE.— apply with respect to prelease activities, in- SEC. 6. LEASE TERMS AND CONDITIONS. (A) IN GENERAL.—Judicial review of a deci- cluding actions authorized to be taken by (a) IN GENERAL.—An oil or gas lease issued sion of the Secretary relating to a lease sale the Secretary to develop and promulgate the pursuant to this Act shall— under this Act (including an environmental regulations for the establishment of a leas- (1) provide for the payment of a royalty of analysis of such a lease sale) shall be— ing program authorized by this Act before not less than 121⁄2 percent of the quantity or (i) limited to a review of whether the deci- the conduct of the first lease sale. value of the production removed or sold from sion is in accordance with this Act; and (c) RELATIONSHIP TO STATE AND LOCAL AU- the lease, as determined by the Secretary in (ii) based on the administrative record of THORITY.—Nothing in this Act expands or accordance with regulations applicable to the decision. limits any State or local regulatory author- other Federal oil and gas leases; (B) PRESUMPTIONS.—Any identification by ity. (2) provide that the Secretary may close, the Secretary of a preferred course of action (d) REGULATIONS.— on a seasonal basis, such portions of the relating to a lease sale, and any analysis by (1) IN GENERAL.—Not later than 1 year after Western Coastal Plain to exploratory drill- the Secretary of environmental effects, the date of enactment of this Act, the Sec- ing activities as are necessary to protect car- under this Act shall be presumed to be cor- retary shall promulgate such regulations as ibou calving areas and other species of fish rect unless proven otherwise by clear and are necessary to carry out this Act. and wildlife; convincing evidence.

VerDate Mar 15 2010 06:05 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.051 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2112 CONGRESSIONAL RECORD — SENATE March 27, 2012 (b) LIMITATION ON OTHER REVIEW.—Any ac- Slope Borough, in coordination with the City AUTHORITY FOR COMMITTEES TO tion of the Secretary that is subject to judi- of Kaktovik, Alaska— MEET cial review under this section shall not be (i) to coordinate with and advise devel- subject to judicial review in any civil or opers on local conditions and the history of COMMITTEE ON ARMED SERVICES criminal proceeding for enforcement. areas affected by development; Mr. REID. Mr. President, I ask unan- SEC. 8. LOCAL GOVERNMENT IMPACT AID AND (ii) to collect from residents of the Coastal imous consent that the Committee on COMMUNITY SERVICE ASSISTANCE. Plain information regarding the impacts of Armed Services be authorized to meet (a) ESTABLISHMENT OF FUND.— development on fish, wildlife, whales, other during the session of the Senate on (1) IN GENERAL.—The Secretary shall estab- marine mammals, habitats, subsistence re- March 27, 2012, at 9:30 a.m. lish in the Treasury a fund to be known as sources, and the environment of the Coastal The PRESIDING OFFICER. Without the ‘‘Coastal Plain Local Government Im- Plain; and objection, it is so ordered. (iii) to ensure that the information col- pact Aid Assistance Fund’’ (referred to in COMMITTEE ON FINANCE lected under clause (ii) is submitted to any this section as the ‘‘Fund’’) to offset any Mr. REID. Mr. President, I ask unan- planning, land use-related, or service-related appropriate Federal agency. imous consent that the Committee on impacts of offshore development caused by SEC. 9. ALLOCATION OF REVENUES. Finance be authorized to meet during this Act. (a) IN GENERAL.—Notwithstanding any (2) DEPOSITS.—The Secretary of the Treas- other provision of law, of the amount of ad- the session of the Senate on March 27, ury shall deposit into the Fund, $15,000,000 justed bonus, rental, and royalty revenues 2012, at 2:45 p.m., in room SD–215 of the each year from the amount available under from Federal oil and gas leasing and oper- Dirksen Senate Office Building, to con- section 9(1). ations authorized under this Act— duct a hearing entitled ‘‘Renewable En- (b) ASSISTANCE.—The Governor of Alaska, (1) 50 percent shall be paid semiannually to ergy Tax Incentives: How have the re- in cooperation with the Mayor of the North the State of Alaska; and cent and pending expirations of key in- Slope Borough, shall use amounts in the (2) 50 percent shall be allocated in accord- centives affected the renewable energy Fund to provide assistance to the North ance with subsection (b). industry in the United States?’’ Slope Borough, Alaska, the City of (b) ALLOCATION OF FEDERAL FUNDS.—Any The PRESIDING OFFICER. Without Kaktovik, Alaska, and any other borough, amounts made available under subsection objection, it is so ordered. municipal subdivision, village, or other com- (a)(2), plus an appropriated amount equal to munity in the State of Alaska that is di- the amount of Federal income tax attrib- COMMITTEE ON FOREIGN RELATIONS rectly impacted by exploration for, or the utable to sales of oil and gas produced from Mr. REID. Mr. President, I ask unan- production of, oil or gas on or near the operations described in subsection (a), shall imous consent that the Committee on Coastal Plain under this Act, or any Alaska be deposited in an account in the Treasury Foreign Relations be authorized to Native Regional Corporation acting on be- which shall be available, without further ap- meet during the session of the Senate half of the villages and communities within propriation or fiscal year limitation, each on March 27, 2012. its region whose land lies along the right of fiscal year as follows: The PRESIDING OFFICER. Without way of the Trans Alaska Pipeline System, as (1) $15,000,000 shall be deposited by the Sec- objection, it is so ordered. determined by the Governor. retary of the Treasury into the Fund created SELECT COMMITTEE ON INTELLIGENCE (c) APPLICATION.— under section 8(a)(1). (1) IN GENERAL.—To receive assistance (2) The remainder shall be available as fol- Mr. REID. Mr. President, I ask unan- under subsection (b), a community or Re- lows: imous consent that the Select Com- gional Corporation described in that sub- (A) Twenty-five percent shall be available mittee on Intelligence be authorized to section shall submit to the Governor, or to to the Department of Energy to carry out al- meet during the session of the Senate the Mayor of the North Slope Borough, an ternative energy programs established under on March 27, 2012, at 2:30 p.m. application in such time, in such manner, the Energy Policy Act of 2005 (42 U.S.C. 15801 The PRESIDING OFFICER. Without and containing such information as the Gov- et seq.), the Energy Independence and Secu- objection, it is so ordered. ernor may require. rity Act of 2007 (42 U.S.C. 17001 et seq.), or an SUBCOMMITTEE ON AIRLAND (2) ACTION BY NORTH SLOPE BOROUGH.—The amendment made by either of those Acts, as Mr. REID. Mr. President, I ask unan- Mayor of the North Slope Borough shall sub- determined by the Secretary of Energy. mit to the Governor each application re- (B) Ten percent shall be available to the imous consent that the Subcommittee ceived under paragraph (1) as soon as prac- Department of Health and Human Services on Airland of the Committee on Armed ticable after the date on which the applica- to provide low-income home energy assist- Services be authorized to meet during tion is received. ance under title XXVI of the Omnibus Budg- the session of the Senate on March 27, (3) ASSISTANCE OF GOVERNOR.—The Gov- et Reconciliation Act of 1981 (42 U.S.C. 8621 2012, at 3:30 p.m. ernor shall assist communities in submitting et seq.). The PRESIDING OFFICER. Without applications under this subsection to the (C) Ten percent shall be available to the objection, it is so ordered. maximum extent practicable. Department of Energy to carry out the SUBCOMMITTEE ON EMERGING THREATS AND (d) USE OF FUNDS.—A community or Re- Weatherization Assistance Program for Low- CAPABILITIES gional Corporation that receives funds under Income Persons established under part A of Mr. REID. Mr. President, I ask unan- subsection (b) may use the funds— title IV of the Energy Conservation and Pro- imous consent that the Subcommittee (1) to plan for mitigation, implement a duction Act (42 U.S.C. 6861 et seq.). mitigation plan, or maintain a mitigation (D) Ten percent shall be available to the on Emerging Threats and Capabilities project to address the potential effects of oil Department of the Interior for award to of the Committee on Armed Services and gas exploration and development on en- wildlife habitat and fish and game programs be authorized to meet during the ses- vironmental, social, cultural, recreational, authorized by the Pittman-Robertson Wild- sion of the Senate on March 27, 2012, at and subsistence resources of the community; life Restoration Act (16 U.S.C. 669 et seq.) 2:30 p.m. (2) to develop, carry out, and maintain— and the Dingell-Johnson Sport Fish Restora- The PRESIDING OFFICER. Without (A) a project to provide new or expanded tion Act) (commonly known as the ‘‘Wallop- objection, it is so ordered. public facilities; or Breaux Act’’) (16 U.S.C. 777 et seq.). SUBCOMMITTEE ON HOUSING, TRANSPORTATION, (B) services to address the needs and prob- (E) The balance shall be deposited into the AND COMMUNITY DEVELOPMENT lems associated with the effects described in Treasury as miscellaneous receipts. Mr. REID. Mr. President, I ask unan- paragraph (1), including firefighting, police, f imous consent that the Committee on water and waste treatment, first responder, rescue, and other medical services; NOTICE OF HEARING Banking, Housing, and Urban Affairs’ (3) to compensate residents of the Coastal Subcommittee on Housing, Transpor- COMMITTEE ON RULES AND ADMINISTRATION Plain or nearby waters for significant dam- tation, and Community Development age to environmental, social, cultural, recre- Mr. SCHUMER. Mr. President, I wish be authorized to meet during the ses- ation, or subsistence resources; and to announce that the Committee on sion of the Senate on March 27, 2012, at (4) in the City of Kaktovik, Alaska— Rules and Administration will meet on 10:30 a.m., to conduct a hearing enti- (A) to develop a mechanism for providing Thursday, March 29, 2012, at 10 a.m., to tled ‘‘The Choice Neighborhoods Initia- members of the Kaktovikmiut Inupiat com- hear testimony on ‘‘S. 2219, the ‘‘De- tive: A New Community Development munity an opportunity— mocracy Is Strengthened by Casting Model.’’ (i) to monitor development in or near the Light on Spending in Elections Act of The PRESIDING OFFICER. Without Coastal Plain; and 2012 (DISCLOSE Act of 2012).’’ (ii) to provide information and rec- objection, it is so ordered. ommendations based on traditional knowl- For further information regarding SUBCOMMITTEE ON IMMIGRATION, REFUGEES, edge; and this meeting, please contact Lynden AND BORDER SECURITY (B) to establish a local coordination office, Armstrong at the Rules and Adminis- Mr. REID. Mr. President, I ask unan- to be managed by the Mayor of the North tration Committee on (202) 224–6352. imous consent that the Committee on

VerDate Mar 15 2010 07:08 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.051 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE March 27, 2012 CONGRESSIONAL RECORD — SENATE S2113 the Judiciary, Subcommittee on Immi- agreed to, the preamble be agreed to, MEASURES READ THE FIRST gration, Refugees, and Border Security, and the motion to reconsider be laid TIME—H.R. 2682, H.R. 2779, AND be authorized to meet during the ses- upon the table, with no intervening ac- H.R. 4014 EN BLOC sion of the Senate, on March 27, 2012, at tion or debate. Ms. LANDRIEU. Mr. President, I un- 10 a.m., in room SD–226 of the Dirksen The PRESIDING OFFICER. Without derstand there are three bills at the Senate Office Building, to conduct a objection, it is so ordered. desk. I ask for their reading en bloc. hearing entitled ‘‘The Economic Imper- The resolution (S. Res. 407) was The PRESIDING OFFICER. The ative for Promoting International agreed to. clerk will read the bills by title en bloc Travel to the United States.’’ for the first time. The PRESIDING OFFICER. Without The preamble was agreed to. The assistant legislative clerk read objection, it is so ordered. The resolution, with its preamble, as follows: SUBCOMMITTEE ON GREEN JOBS AND THE NEW reads as follows: A bill (H.R. 2682) to provide end user ex- ECONOMY AND THE SUBCOMMITTEE ON OVER- S. RES. 407 emptions from certain provisions of the Commodity Exchange Act and the Securities SIGHT OF THE COMMITTEE ON ENVIRONMENT Whereas on October 31, 2011, MF Global Exchange Act of 1934, and for other purposes. AND PUBLIC WORKS Holdings, Ltd., filed for Chapter 11 bank- Mr. REID. Mr. President, I ask unan- A bill (H.R. 2779) to exempt inter-affiliate ruptcy protection in the United States Bank- swaps from certain regulatory requirements imous consent that the Subcommittee ruptcy Court for the Southern District of put in place by the Dodd-Frank Wall Street on Green Jobs and the New Economy New York after reporting that as much as Reform and Consumer Protection Act. and the Subcommittee on Oversight of $900,000,000 in customer money had gone A bill (H.R. 4014) to amend the Federal De- the Committee on Environment and missing; posit Insurance Act with respect to informa- Public Works be authorized to meet Whereas MF Global Holdings, Ltd. is the tion provided to the Bureau of Consumer Fi- parent company of MF Global, Inc., formerly during the session of the Senate on nancial Protection. a futures commission merchant and broker- Ms. LANDRIEU. I now ask for a sec- March 27, 2012, at 10 a.m., in Dirksen dealer for thousands of commodities and se- 406 to conduct a joint hearing entitled, curities customers; ond reading, and I object to my own re- ‘‘Oversight Hearing on EPA’s Work Whereas following the bankruptcy filing, quest, all en bloc. With Other Federal Entities to Reduce Judge Louis Freeh, the court-appointed The PRESIDING OFFICER. Objec- Pollution and Improve Environmental trustee for the liquidation of MF Global tion having been heard, the bills will Performance.’’ Holdings, retained certain employees of the receive their second reading on the The PRESIDING OFFICER. Without MF Global entities at the time of the bank- next legislative day. ruptcy, including the chief operating officer, f objection, it is so ordered. the chief financial officer, the general coun- f sel, and other individuals, in order to assist UNANIMOUS CONSENT UNANIMOUS CONSENT AGREE- the liquidation process; AGREEMENT—H.R. 5 Whereas on March 8, 2012, the Wall Street Ms. LANDRIEU. Mr. President, I ask MENT—EXECUTIVE CALENDAR Journal reported that Mr. Freeh may ask the unanimous consent the Senate agree to Ms. LANDRIEU. Mr. President, I ask bankruptcy court judge to approve perform- the House request to return the papers unanimous consent that on Wednesday, ance-related bonuses for the chief operating on H.R. 5, the HEALTH Act, and au- March 28, at 5 p.m., the Senate proceed officer, chief financial officer, the general thorize the Secretary of the Senate to to executive session to consider the fol- counsel, and the other employees; Whereas according to the court-appointed return the papers on H.R. 5 to the lowing nominations en bloc: Calendar trustee for the liquidation of MF Global, Inc. House of Representatives. Nos. 464 and 497; that there be 60 min- under the Securities Investor Protection Act The PRESIDING OFFICER. Without utes for debate, equally divided in the of 1970 (15 U.S.C. 78aaa et seq.), Mr. James objection, it is so ordered. usual form; that upon the use or yield- Giddens, the total amount of customer funds ing back of time, the Senate proceed to still missing could be as much as f vote without intervening action or de- $1,600,000,000; ORDERS FOR WEDNESDAY, MARCH bate on Calendar Nos. 464 and 497 in Whereas on March 15, 2012, all of the mem- 28, 2012 that order; the motions to reconsider bers of the Committee on Agriculture, Nutri- tion, and Forestry of the Senate sent a letter Ms. LANDRIEU. Mr. President, I ask be considered made and laid upon the to Mr. Freeh urging him not to reward senior unanimous consent that when the Sen- table, with no intervening action or de- executives of the bankrupt MF Global enti- ate completes its business today, it ad- bate; that no further motions be in ties with performance-related bonuses while journ until Wednesday, March 28, at 10 order; that any related statements be customer money is still missing; a.m.; that following the prayer and printed in the RECORD; that the Presi- Whereas on March 16, 2012, Mr. Freeh re- pledge, the Journal of proceedings be dent be immediately notified of the sponded to the members of the Committee on approved to date, the morning hour be Senate’s action and the Senate then re- Agriculture, Nutrition, and Forestry of the deemed expired, and the time for the sume legislative session. Senate, stating that he has not made any de- cisions regarding the payment of bonuses to two leaders be reserved for their use The PRESIDING OFFICER. Without former senior executives of the firm; later in the day; that following any objection, it is so ordered. Whereas the Commodity Futures Trading leader remarks, the Senate resume f Commission, the court-appointed trustee for consideration of the motion to proceed the liquidation of MF Global, Inc. under the to S. 2230, the Paying A Fair Share REGARDING MF GLOBAL BONUS Securities Investor Protection Act of 1970 (15 Act, with the first hour equally divided AWARDS U.S.C. 78aaa et seq.), and other Federal au- and controlled between the two leaders Ms. LANDRIEU. Mr. President, I ask thorities are investigating the events leading or their designees, with Republicans up to the bankruptcy in an effort to return unanimous consent the Senate proceed controlling the first 30 minutes and the to consideration of S. Res. 407, sub- customer money and prosecute any wrong- doing; and majority controlling the second 30 min- mitted earlier today. Whereas as of the date of agreement to this utes; and that at 5 p.m., the Senate The PRESIDING OFFICER. The resolution, none of the investigators have proceed to executive session under the clerk will report the resolution by stated public conclusions regarding the previous order; further, that the filing title. exact location of the missing money or deadline for the first-degree amend- The assistant legislative clerk read whether criminal wrongdoing was involved: ments to S. 2204, the Repeal Big Oil as follows: Now, therefore, be it Tax Subsidies Act, be 11 a.m. on A resolution (S. Res. 407) expressing the Resolved, That it is the sense of the Senate Wednesday. sense of the Senate that executives of the that bonuses should not be paid to the execu- The PRESIDING OFFICER. Without bankrupt firm MF Global should not be re- tives and employees who were responsible for objection, it is so ordered. warded with bonuses while customer money the day-to-day management and operations is still missing. of MF Global until its customers’ segregated f account funds are repaid in full and inves- PROGRAM There being no objection, the Senate tigations by Federal authorities have re- proceeded to consider the resolution. vealed both the cause of, and parties respon- Ms. LANDRIEU. There will be two Ms. LANDRIEU. Mr. President, I ask sible for, the loss of millions of dollars of votes around 6 p.m. tomorrow on judi- unanimous consent the resolution be customer money. cial nominations. Additionally, cloture

VerDate Mar 15 2010 06:05 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A27MR6.050 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2114 CONGRESSIONAL RECORD — SENATE March 27, 2012 was filed today on the Repeal Big Oil There being no objection, the Senate, DEPARTMENT OF STATE Tax Subsidies Act. If no agreement is at 8:01 p.m., adjourned until Wednes- BRETT H. MCGURK, OF CONNECTICUT, TO BE AMBAS- day, March 28, 2012, at 10 a.m. SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF reached, that vote will occur on Thurs- THE UNITED STATES OF AMERICA TO THE REPUBLIC OF day. IRAQ. MICHELE JEANNE SISON, OF MARYLAND, A CAREER f MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF f MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES NOMINATIONS OF AMERICA TO THE DEMOCRATIC SOCIALIST REPUBLIC ADJOURNMENT UNTIL 10 A.M. OF SRI LANKA, AND TO SERVE CONCURRENTLY AND Executive nominations received by WITHOUT ADDITIONAL COMPENSATION AS AMBASSADOR TOMORROW EXTRAORDINARY AND PLENIPOTENTIARY OF THE the Senate: UNITED STATES OF AMERICA TO THE REPUBLIC OF MALDIVES. Ms. LANDRIEU. If there is no further DEPARTMENT OF TRANSPORTATION UNITED STATES POSTAL SERVICE business to come before the Senate, I MICHAEL PETER HUERTA, OF THE DISTRICT OF COLUM- ask unanimous consent it adjourn BIA, TO BE ADMINISTRATOR OF THE FEDERAL AVIATION JAMES C. MILLER, III, OF VIRGINIA, TO BE A GOVERNOR ADMINISTRATION FOR THE TERM OF FIVE YEARS, VICE OF THE UNITED STATES POSTAL SERVICE FOR THE under the previous order. J. RANDOLPH BABBITT. TERM EXPIRING DECEMBER 8, 2017. (REAPPOINTMENT)

VerDate Mar 15 2010 06:05 Mar 28, 2012 Jkt 019060 PO 00000 Frm 00076 Fmt 4624 Sfmt 9801 E:\CR\FM\G27MR6.092 S27MRPT1 PWALKER on DSK7TPTVN1PROD with SENATE