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

Vol. 157 WASHINGTON, THURSDAY, MAY 26, 2011 No. 74 Senate The Senate met at 9:30 a.m. and was appoint the Honorable TOM UDALL, a Senator A motion to concur in the House amend- called to order by the Honorable TOM from the State of New Mexico, to perform ment to the bill (S. 990) to provide for an ad- UDALL, a Senator from the State of the duties of the Chair. ditional temporary extension of programs New Mexico. DANIEL K. INOUYE, under the Small Business Act and the Small President pro tempore. Business Investment Act of 1958, and for other purposes, with an amendment. PRAYER Mr. UDALL of New Mexico thereupon assumed the chair as Acting President Pending: The Chaplain, Dr. Barry C. Black, of- pro tempore. Reid motion to concur in the amendment fered the following prayer: f of the House to the bill, with Reid amend- Let us pray. ment No. 347, of a perfecting nature. Author of life, who puts into our RECOGNITION OF THE MAJORITY Reid amendment No. 348 (to amendment hearts such deep desires that we can- LEADER No. 347), to change the enactment date. not be at peace until we rest in You, The ACTING PRESIDENT pro tem- Reid motion to refer the message of the House on the bill to the Committee on Small mercifully guide our lawmakers on the pore. The majority leader is recog- path of Your choosing. May Your Holy Business and Entrepreneurship with instruc- nized. tions, Reid amendment No. 349, to change word be for them a lamp and a light in f the enactment date. these challenging times. Lord, keep Reid amendment No. 350 (to (the instruc- them mindful of the importance of SCHEDULE tions) amendment No. 349), of a perfecting being men and women of integrity, Mr. REID. Mr. President, following nature. striving to please You in all of their la- any leader remarks, the Senate will re- Reid amendment No. 351 (to amendment bors. Make them people of principle sume consideration of the motion to No. 350), of a perfecting nature. who share a strong vision of a godly concur in the House message to accom- The ACTING PRESIDENT pro tem- nation with a promising future. May pany S. 990, which is the legislative ve- pore. Under the previous order, the their humility match Your willingness hicle for the PATRIOT Act extension. time until 10 a.m. will be equally di- to help them and their dependence on The filing deadline for all second-de- vided and controlled between the two You liberate them from anxiety about gree amendments to the PATRIOT Act leaders or their designees. what the future holds. is at 9:40 this morning. At 10 a.m. there Mr. REID. Mr. President, I suggest We pray in Your strong Name. Amen. will be a rollcall vote on the motion to the absence of a quorum and ask unanimous consent that the time be equally f concur with respect to the PATRIOT Act. divided. PLEDGE OF ALLEGIANCE We are confident additional rollcall The ACTING PRESIDENT pro tem- The Honorable TOM UDALL led the votes in relation to amendments to the pore. Without objection, it is so or- Pledge of Allegiance, as follows: PATRIOT Act are possible and likely dered. The clerk will call the roll. I pledge allegiance to the Flag of the will occur during today’s session. The assistant legislative clerk pro- United States of America, and to the Repub- f lic for which it stands, one nation under God, ceeded to call the roll. indivisible, with liberty and justice for all. RESERVATION OF LEADER TIME Mr. MCCONNELL. Mr. President, I ask unanimous consent that the order f The ACTING PRESIDENT pro tempore. Under the previous order, the for the quorum call be rescinded. APPOINTMENT OF ACTING leadership time is reserved. The ACTING PRESIDENT pro tem- PRESIDENT PRO TEMPORE f pore. Without objection, it is so or- The PRESIDING OFFICER. The dered. SMALL BUSINESS ADDITIONAL Mr. MCCONNELL. Mr. President, I clerk will please read a communication TEMPORARY EXTENSION ACT OF to the Senate from the President pro will proceed on my leader time. 2011 As we all know, the war on terror did tempore (Mr. INOUYE). The assistant legislative clerk read The ACTING PRESIDENT pro tem- not end last month when American the following letter: pore. Under the previous order, the forces shot and killed Osama bin Laden Senate will resume consideration of in Abbottabad. U.S. SENATE, the motion to concur in the House mes- General Clapper, the Director of Na- PRESIDENT PRO TEMPORE, Washington, DC, May 26, 2011. sage to accompany S. 990, which the tional Intelligence, wrote to me yester- To the Senate: clerk will report by title. day to explain that this is a moment of Under the provisions of rule I, paragraph 3, The assistant legislative clerk read elevated threat to our country and of the Standing Rules of the Senate, I hereby as follows: that the intelligence community is

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

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The question is, Is it the sense of the And our intelligence community, Three years ago, as the financial cri- Senate that the debate on the motion military and law enforcement profes- sis approached, the senior Senator to concur in the House amendment to sionals still need the tools that enable from New York was holding press con- S. 990 with amendment No. 347, offered them to gather and share intelligence ferences trying to link the war in Iraq by the Senator from Nevada, Mr. Reid, in this fight. to what passed for an economic slow- shall be brought to a close? That is why all Americans should be down at the time. The majority leader reassured today in knowing that these was postponing votes that we all knew The yeas and nays are mandatory dedicated men and women will con- would fail so Democrats who were run- under the rule. tinue to have those tools. I have no ning for President could be here to vote The clerk will call the roll. doubt that the 4-year PATRIOT Act ex- on them. Now, in the face of a looming The assistant legislative clerk called tension that Members of both parties crisis we all admit is coming—they are the roll. have agreed to will safeguard us from doing the same thing. future attacks, and that everything we This crisis is staring us right in the Mr. DURBIN. I announce that the agreed to in this extension is necessary face. The Democrats themselves—from Senator from Connecticut (Mr. for this fight. the President on down—say they see it. BLUMENTHAL) and the Senator from As FBI Director Bob Mueller has Yet, once again, they are so focused on New York (Mr. SCHUMER) are nec- said, all the authorities it contains are the next election they refuse to do any- essarily absent. critical. Every one requires the prior thing to upset the status quo. They are I further announce that, if present approval of an independent Federal more concerned about their own jobs and voting, the Senator from New Jer- judge. Nothing in this extension has than preventing a economic catas- sey (Mr. MENENDEZ) and the Senator ever been found to be unconstitutional. trophe that could affect everybody’s from New York (Mr. SCHUMER) would And most of these authorities have not job. They want to wait this out—while vote ‘‘yea.’’ even been challenged in court—ever. they hammer anybody who proposes a Mr. KYL. The following Senator is The Senate Intelligence Committee solution. They rejected their own has conducted aggressive oversight of necessarily absent: the Senator from President’s budget. They rejected three Kansas (Mr. ROBERTS). the programs authorized by these ex- Republican budgets. And they have not piring provisions. Over the past decade, even bothered to offer a budget of their The ACTING PRESIDENT pro tem- we have seen how terrorists have own. They’re just marking time, tread- pore. Are there any other Senators in proved themselves adaptable, how they ing water. the Chamber desiring to vote? have altered their tactics and methods So I think Democrats have lost the The yeas and nays resulted—yeas 79, to strike us at home. By extending this right to express concern about this cri- nays 18, as follows: invaluable terror-fighting tool, we are sis. Until they propose some solution of [Rollcall Vote No. 81 Leg.] staying ahead of them. their own, they are part of the prob- Now is not the time to surrender the lem. YEAS—79 tools authorized by this act, or to The American people didn’t send us Akaka Gillibrand McConnell make them more difficult to use. It here to hide in a corner until the next Alexander Graham Menendez was absolutely imperative that we election. They sent us here to act on Ayotte Grassley Mikulski Barrasso Hagan renew these authorities under the PA- their behalf, and this is their message: Moran Bennet Harkin Murray TRIOT Act. They have enabled others If you see a crisis coming, you better Blunt Hatch Nelson (NE) to keep us safe for nearly a decade. Our do something about it. Boozman Hoeven Nelson (FL) law enforcement professionals have Mr. President, I suggest the absence Boxer Hutchison Portman Brown (MA) Inhofe Pryor been able to use tools just like them in of a quorum, and I ask unanimous con- Burr Inouye Reed traditional criminal cases for years. sent that the time during the quorum Carper Isakson We should be relieved and reassured to call be charged equally to both sides. Casey Johanns Reid The ACTING PRESIDENT pro tem- Chambliss Johnson (SD) Risch know they won’t expire this week. Rockefeller pore. Without objection, it is so or- Coats Johnson (WI) A LOOMING CRISIS Coburn Kerry Rubio Mr. President, last June, the Chair- dered. Cochran Kirk Sessions man of the Joint Chiefs of Staff, ADM The clerk will call the roll. Collins Klobuchar Shelby The assistant legislative clerk pro- Mike Mullen, made an observation that Conrad Kohl Snowe ceeded to call the roll. Coons Kyl Stabenow may have surprised some people. A day Mr. WARNER. Mr. President, I ask Corker Landrieu Thune after Democrats here in the Senate re- unanimous consent that the order for Cornyn Lautenberg Toomey fused to allocate tens of billions of dol- the quorum call be rescinded. Crapo Levin Vitter lars in unemployment assistance un- The ACTING PRESIDENT pro tem- DeMint Lieberman Warner less the costs could be added to an al- Durbin Lugar Webb pore. Without objection, it is so or- Enzi Manchin Whitehouse ready unsustainable debt—he said that, dered. Feinstein McCain Wicker in his view, the biggest threat to our CLOTURE MOTION Franken McCaskill national security is our debt. By unanimous consent, pursuant to NAYS—18 A few months earlier, the President rule XXII, the Chair lays before the himself identified the debt as a loom- Baucus Heller Sanders Senate the pending cloture motion, Begich Leahy Shaheen ing crisis. He pointed out that almost which the clerk will report. Bingaman Lee Tester all of our long-term debt relates to the The assistant legislative clerk read Brown (OH) Merkley Udall (CO) cost of Medicare and Medicaid. And he as follows: Cantwell Murkowski Udall (NM) Cardin Paul Wyden said, ‘‘if we don’t get control of that, CLOTURE MOTION we can’t get control over our budget.’’ We, the undersigned Senators, in accord- NOT VOTING—3 He was right. ance with the provisions of Rule XXII of the But the co-chair of the President’s Standing Rules of the Senate, hereby move Blumenthal Roberts Schumer debt commission may have put it best to bring to a close debate on the motion to The ACTING PRESIDENT pro tem- just 6 weeks ago. Speaking about the concur in the House amendment to S. 990, pore. On this vote, the yeas are 79, the consequences of the fiscal path we’re with amendment No. 347. Harry Reid, Jack Reed, Carl Levin, nays are 18. Three-fifths of the Sen- on, Erskine Bowles said simply: ators duly chosen and sworn having It’s the most predictable crisis in his- Jeanne Shaheen, Mark R. Warner, Richard Blumenthal, Kent Conrad, voted in the affirmative, the motion is tory. The most predictable crisis in Kirsten E. Gillibrand, Dianne Fein- agreed to. history—and that was a Democrat stein, Bill Nelson, John D. Rockefeller talking. And yet Democrats in the Sen- Cloture having been invoked, the mo- IV, Joseph I. Lieberman, Barbara A. tion to refer the House message falls. ate don’t even want to talk about it. Mikulski, Charles E. Schumer, Debbie Yesterday, here in the Senate, Demo- Stabenow, Thomas R. Carper, Mark L. Mr. REID. Mr. President, I suggest crats rejected every single proposal we Pryor. the absence of a quorum.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3369 The ACTING PRESIDENT pro tem- pose reauthorization of the expiring various intelligence agencies of what is pore. The clerk will call the roll. provisions in the PATRIOT Act with- called the intelligence community, The legislative clerk proceeded to out significant reforms. I believe it is should be carried out forthrightly. I call the roll. critical that the administration make also believe the place to do it is in the Mr. WYDEN. Mr. President, I ask public its interpretation of the PA- Intelligence Committee itself. I have unanimous consent that the order for TRIOT Act so Members of Congress and said to these distinguished Senators the quorum call be rescinded. the public are not kept in the dark. that it would be my intention to call The ACTING PRESIDENT pro tem- Mrs. FEINSTEIN. Mr. President, I together a hearing as soon as we come pore. Without objection, it is so or- wish to thank both Senator WYDEN and back from the Memorial Day break dered. Senator UDALL for their comments. We with the intelligence community agen- Mr. WYDEN. Mr. President, I ask did have a meeting last night. We did cies, the senior policymakers, and the unanimous consent that I be permitted discuss this thoroughly. The decision Department of Justice to make sure to engage in a colloquy between Sen- was that we would enter into this col- the committee is comfortable with the ators UDALL, FEINSTEIN, and MERKLEY. loquy, so I will begin it, if I may. FISA programs and to make changes if The ACTING PRESIDENT pro tem- These Senators and I, along with the changes are needed. We will do that. pore. Without objection, it is so or- junior Senator from Oregon, Mr. So it would be my intention to have dered. MERKLEY, the Senator from Colorado, these hearings completed before the Mr. WYDEN. Mr. President, I am Mr. MARK UDALL, and the Senator from committee considers the fiscal year going to talk for just a couple of min- Rhode Island, Mr. WHITEHOUSE met last 2012 intelligence authorization bill so utes about the issue of secret law that night to discuss this amendment, the that any amendments to FISA can be Senator UDALL and I, as we are both legal interpretation of the Foreign In- considered at that time. members of the Intelligence Com- telligence Surveillance Act provisions The fact is, we do not usually have mittee, have been working on for quite and how these provisions are imple- amendments to the intelligence au- some time. Then I am going to yield to mented. thorization bill, but I believe the ma- our friend, the distinguished chair- I very much appreciate the strong jority leader will do his best to secure woman of the Intelligence Committee, views Senator WYDEN and Senator a future commitment if such is needed Senator FEINSTEIN, for a colloquy. UDALL have in this area, and I believe for a vote on any amendment. I have What this issue is all about is this: I they are raising a serious and impor- not agreed to support any amendment believe there are two PATRIOT Acts in tant point as to how exactly these au- because at this stage it is hypothetical, America. The first is the text of the thorities are carried out. I believe we and we need to look very deeply into law itself, and the second is the govern- are also all in agreement that these are what these Senators have said and ment’s secret interpretation of what important counterterrorism authori- pointed out last night with specificity they believe the law means. ties and have contributed to the secu- and get the response to it from the in- As an example, several years ago rity of our Nation. telligence committee, have both sides Americans woke up to learn that the Mr. WYDEN. Mr. President, I have hear it, and then make a decision that Bush administration had been secretly enormous respect for my special friend is based not only on civil liberties but claiming for years that warrantless from California, the distinguished also on the necessity to keep our coun- wiretapping was legal. This disclosure chairwoman of the Intelligence Com- try safe. I believe we can do that. greatly undermined the public’s trust mittee. I have literally sat next to her I am very appreciative of their agree- in the Department of Justice and our for more than a decade. We agree on ment to enter this colloquy. national intelligence agencies, and it virtually all of these issues, but this is Mr. WYDEN. Mr. President, I thank took Congress and the executive an area where we have had a difference the distinguished chairwoman of the branch years to sort out the situation. of opinion. Intelligence Committee for proposing I believe the American people will I have said I wouldn’t support a long- this course of action for addressing the also be extremely surprised when they term reauthorization of the PATRIOT secret law issue. Obviously, colleagues learn how the PATRIOT Act is secretly Act without significant reforms, par- would like more information on that, being interpreted, and I believe one ticularly in this area. I am especially and they are going to be in a position consequence will be an erosion of pub- troubled by the fact that the U.S. Gov- to know that the Intelligence Com- lic confidence that makes it more dif- ernment’s official interpretation of the mittee is going to be examining it ficult for our critically important na- PATRIOT Act is secret, and I believe a closely. I will just describe the next tional intelligence agencies to function significant gap has developed now be- steps from there. effectively. As someone who served on tween what the public thinks the law Senator UDALL and I have discussed the Intelligence Committee for 10 says and what the government secretly this issue with Senator REID. Senator years, sitting right next to Senator claims it says. That is why I and my REID indicated to the chairwoman and FEINSTEIN, I don’t want to see that colleagues from Oregon and Colorado myself and Senator UDALL that we happen. and New Mexico have proposed an would have an opportunity through Let me yield now to Senator UDALL. amendment that would make these these hearings—and, of course, any He will also have brief remarks, and legal interpretations public. amendments to the bill would be dis- any colleagues who want to speak, and Mr. UDALL of Colorado. Mr. Presi- cussed on the intelligence authoriza- then Senator FEINSTEIN will lead us in dent, let me say once again, as does my tion legislation, which is a matter that the discussion of how we will be mov- colleague from Oregon, I oppose reau- obviously has to be classified—but if ing forward. So I yield to Senator thorization of the existing provisions we were not satisfied, if we were not UDALL who has been an invaluable of the PATRIOT Act that we have been satisfied through that process, we member on the Intelligence Com- debating on the Senate floor without would have the ability to offer an mittee. He and I have worked on this significant reforms. I also have to say amendment such as our original one on since the day he joined our committee, I believe it is critical that the adminis- the Senate floor. and I am so appreciative of his involve- tration make public its interpretation Of course, the chairwoman would ment. of the PATRIOT Act so Members of still retain full rights to oppose it, but Mr. UDALL of Colorado. Mr. Presi- Congress and our public are not kept in we would make sure if this issue of se- dent, I thank the Senator from Oregon the dark. That is the important work cret law wasn’t fixed and there wasn’t for his kind words. I also wish to echo we have in front of us, and we have a an improved process to make more his remarks about the leadership of the real opportunity to accomplish those transparent and more open the inter- chairwoman of the Intelligence Com- goals. pretation of the law—not what are mittee and her focus on keeping our Mrs. FEINSTEIN. Mr. President, if I called sources and methods which are country safe and our citizens pro- may respond, I have agreed that these so important to protect our people—we tected. are important issues and that the In- would have an opportunity, if it wasn’t I also wish to make the point that, as telligence Committee, which is charged corrected in the intelligence commu- my colleague from Oregon, I also op- with carrying out oversight over the 16 nity, to come to the floor.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3370 CONGRESSIONAL RECORD — SENATE May 26, 2011 Senator REID has just indicated to all So with the cooperation the chair- substantive amendments to improve of us that he would focus on giving us woman has shown all of us who are try- the PATRIOT Act. a vote if we believed it was needed on ing to change this and the efforts of We are all aware that at the end of another bill—not the intelligence au- Senator REID to make sure if we didn’t this week three provisions of the PA- thorization—before September 30. So work it out we could come back to the TRIOT Act will expire. The three pro- there is a plan to actually get this floor again, I withdraw the Wyden- visions are business records, roving fixed, and that is what is key. Udall amendment for the time being. It wiretaps, and ‘‘lone wolf’’ terrorists. At this time I yield to the Senator ought to be clear to everybody in the I understand there is a delicate bal- from Colorado. Senate that we are going to continue ance we must strike here between pre- Mr. UDALL of Colorado. Mr. Presi- to prosecute the cause of making more venting and disrupting future terrorist dent, as we begin to end this important open and accountable the way the gov- attacks in the United States and pro- colloquy, I wish to acknowledge the ernment interprets this law in making tecting our cherished constitutional leadership of Senator WYDEN on this sure that the American people have the rights and civil liberties. We must important matter. I also wish to ac- confidence that the way it is being in- make sure that our law enforcement knowledge the involvement of the Sen- terpreted is in line with the text of the and intelligence professionals have the ator from New Mexico, who is presiding legislation. tools they need at their disposal to at this moment in time, and the Sen- I withdraw at this time the Wyden- stop future terrorist attacks. At the ator from Oregon, Mr. MERKLEY, and Udall amendment, and I yield the floor. same time, we must insure that our the Senator from Rhode Island, Mr. The ACTING PRESIDENT pro tem- government uses our scarce resources WHITEHOUSE, who has been very in- pore. The Senator from Oregon. wisely, and that it safeguards the very volved in bringing this case to the at- Mr. MERKLEY. Mr. President, I am rights and liberties that are guaran- tention of all of us. I wish to also deeply appreciative of the dialogue teed by our Constitution to all Ameri- thank my good friend from California, that has just taken place. It was Wil- cans. the chairwoman of the committee. She liam Pitt in England who commented The current legislation before the has shown a great willingness to work that the wind and the rain can enter Senate simply extends the existing PA- with everybody and to listen. my house, but the King cannot. TRIOT Act authorities for 4 more I have to say I expect that once the It captured the spirit and under- years, until 2015, without any changes committee examines this issue more standing of the balance between per- to the authorities given to the govern- closely, I think many more of our col- sonal privacy, personal freedoms, and ment or oversight of their use by Con- leagues will want to join us in reform- issues of the Crown regarding mainte- gress and the courts. ing the law in this area. I think this is nance of security. It was this founda- I think we can improve this legisla- important. I do think we can find the tion that came in for our fourth tion, as Congress seeks to strike the right balance between protecting civil amendment of our Constitution that proper balance that I have mentioned. liberties and protecting the health and lays out clear standards for the protec- I have studied this issue closely as the welfare of the American citizens. former chairman of the Terrorism and Mr. WYDEN. Mr. President, let me tion of privacy and freedoms. just make one last comment. I also So as we have wrestled with the Homeland Security Subcommittee of wish to express my appreciation to standard set out in the PATRIOT Act, the Senate Judiciary Committee. The a standard that says the government Judiciary Committee has held numer- Senator MERKLEY, who has been an ex- traordinarily outspoken advocate of may have access to records that are ous hearings on the implementation of our civil liberties and our privacy in relevant to an investigation—now, that the new PATRIOT Act authorities. We striking a good balance between fight- term is, on its face, quite broad and ex- have received testimony from governing terror and protecting the rights of pansive, quite a low standard, if you ment witnesses, including the inspec- our people, and I have so appreciated will. But what happens when it is in- tor general of the Justice Department, his leadership on this issue. terpreted out of the sight of this Cham- on the improper use of some of the PA- Let me sum up. First, I am very ber, out of the sight of the American TRIOT Act authorities, and rec- grateful to our chairwoman and people? That is the issue my colleague ommendations to improve the PA- pleased with this agreement. The has raised, and it is a very important TRIOT Act. chairwoman has indicated she believes issue. Congress put these sunsets into this those of us who want to reform secret I applaud the chair of the Intel- law for a reason. I have supported these law have raised a serious and impor- ligence Committee for laying out a sunsets for the PATRIOT Act and the tant issue. Those are her words. We are process whereby we all can wrestle FISA Amendments Act. A sunset grateful for that because we obviously with this issue in an appropriate venue means that a law will not just continue believe very strongly about it. The and have a path for amendments in the on autopilot without any changes. Con- chairwoman has said we will hold hear- committee or possibly here on the floor gress uses sunsets when giving extraor- ings promptly to examine the secret of the Senate because I do think it is dinary authorities to the executive law issue, give serious consideration to our constitutional responsibility to branch so that we have a check and looking at reforms in the fiscal year make sure the fourth amendment of balance on the use of this power by the 2012 intelligence authorization bill, and the Constitution is protected, the pri- government. The separation of powers then, per our conversations with the vacy and freedoms of citizens are pro- also gives the courts a large role in re- majority leader, if Senator UDALL and tected. viewing and approving certain govern- I believed it had not been corrected on I say thank you to the Senator from ment investigatory and surveillance the intelligence authorization bill, we Colorado; my senior colleague, who has activity under the PATRIOT Act. would have the right to offer—and cer- led this effort from Oregon; my col- A sunset means that the executive tainly the chairwoman could oppose league from New Mexico, who is the branch has to come back to Congress it—an amendment on the floor of the Acting President pro tempore; and the and ask for an extension of authority. Senate on an unrelated bill. Senator chairwoman from California. Congress then has a responsibility to REID, to his great credit, in an effort to Mrs. FEINSTEIN. Mr. President, I look at how the law has been carried try to resolve this and move it along, thank my colleagues very much. I be- out, and make any needed improve- said to the three of us that he would be lieve this concludes our colloquy. ments in the law, before again extend- working to do that. I thank the Acting President pro ing the authorities in the law. Again, our thanks to the chairwoman tempore, and we yield the floor. Without any action by Congress, a and all of my colleagues on the floor, Mr. CARDIN. Mr. President, I rise to sunset leads to the expiration of the including Senator MERKLEY, who is not explain why I voted against the motion law in question, as the authorities in a member of the committee and knows to invoke cloture on S. 990, the legisla- the law will lapse. As a result, when an incredible amount about it and cer- tive vehicle for S. 1038, the reauthoriza- sunsets are involved I have found the tainly showed that last night in our tion of the USA PATRIOT ACT. I op- executive branch is more forthcoming discussions and was very helpful. I wish posed cloture because I believe the with Congress in terms of sharing in- to yield to him. Senate has an obligation to consider formation and providing classified

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3371 briefings to Congress on how they use audits includes a comprehensive anal- While some may disagree on this the authorities in question. ysis of the effectiveness and use of the issue, I simply cannot allow those That is why I voted to oppose clo- investigative authorities provided to tasked with protecting our people from ture. The Senate should have the abil- the government, including any im- being deprived of these vital, lawful ity to consider substantive amend- proper or illegal use of such authori- means to help prevent an attack. ments to the PATRIOT Act, and not ties. Mr. LEAHY. Mr. President, I am dis- simply extend the authorities as is, Finally, the Leahy amendment re- appointed that we have not been able with no changes, for another 4 years. quires enhanced court review and over- to work out an agreement that will And the Senate already has a pack- sight of minimization procedures, allow consideration of my amendment age of reforms ready for consideration, which are designed to protect the pri- to the pending USA PATRIOT Act sun- after careful deliberation in com- vacy of innocent and law-abiding set extension legislation. I think that a mittee. Earlier this week, I was pleased Americans. The amendment requires bipartisan majority of the Senate to cosponsor an amendment offered by increased public reporting on the use of would have supported our improve- the distinguished chairman of the Judi- NSL’s and FISA authorities by the ments. We have missed an opportunity ciary Committee, the Senator from government, including an annual un- to move forward to help keep our Na- Vermont, Mr. LEAHY. In the 111th Con- classified report on how FISA authori- tion secure while also strengthening gress, I was also pleased to cosponsor ties are used and their impact on the our commitment to our core constitu- similar legislation offered by Chairman privacy of United States persons. tional principles of individual liberty LEAHY. The Senate Judiciary Com- We now approach the 10th anniver- and privacy. mittee favorably reported this legisla- sary of the 9/11 terrorist attacks on The amendment I sought to offer rep- tion to the full Senate in March 2011, this Nation. The United States re- resented a commonsense and reason- as S. 193, the USA PATRIOT Act Sun- cently conducted a military and intel- able package of reforms that would set Extension Act of 2011. ligence operation which led to the kill- have improved the law, expanded civil Broadly speaking, the Leahy amending of the al-Qaida mastermind of the liberties and privacy protections, and ment would increase judicial and con- attacks, Osama bin Laden. America better ensured proper oversight and ac- gressional review of surveillance au- still faces threats to its security every countability. This amendment earned thorities that sweep in U.S. citizens, day, and I thank our brave men and the cosponsorship of Senator PAUL and and would expand oversight and public women in the United States military a dozen others since we began debate reporting to ensure that Americans can and our intelligence community for on Monday, including Senators CARDIN, monitor the use of these authorities. working tirelessly to keep America BINGAMAN, COONS, SHAHEEN, WYDEN, The Leahy amendment requires the safe. FRANKEN, GILLIBRAND, HARKIN, DURBIN, In my view, the Leahy amendment government to meet a higher burden of MERKLEY, BOXER, and AKAKA. I thank proof when seeking business records strikes the proper balance of giving our these Senators for recognizing that the law enforcement and intelligence pro- from Americans, under the so-called Senate should do better than merely fessionals the tools they need to pre- section 215 orders. The amendment extend the expiring provisions of the vent and disrupt future terrorist at- would require the government to show USA PATRIOT Act for another 4 to 6 tacks, while simultaneously protect that the documents sought are rel- years without a single improvement or our civil liberties. The amendment in- evant to an authorized investigation reform. and are linked to a foreign group or cludes important new protection for Over the past 2 years, the Senate Ju- foreign power. Current law merely re- law-abiding Americans, and requires diciary Committee has diligently con- more vigorous oversight by Congress quires the government to show the sidered how to make improvements to and the courts as the government uses records are relevant to an authorized current law. The language in our these new powers. amendment was the product of more investigation. Under the amendment, Although I hope that the Leahy the government must meet an even amendment will still be made in order, than a year and a half of extensive ne- higher burden of proof to obtain book- it is important that we do not allow gotiations with Republicans and Demo- seller or library records. the PATRIOT Act authorities to ex- crats, the intelligence community, and The Leahy amendment also makes it pire. It is important for our law en- the Department of Justice. The com- easier for Americans to challenge the forcement and intelligence agencies to mittee reported a bipartisan bill last government when business records are have these tools at their disposal as Congress and another similar bill in sought. The amendment strikes the 1- they seek to prevent and disrupt future the current Congress. The bipartisan year waiting period before a recipient terrorist attacks in the United States. amendment that we sought to bring to can challenge a nondisclosure order for Mr. RUBIO. Mr. President, the PA- the Senate preserved the ability of the section 215 orders, and also strikes the TRIOT Act has been an indispensable, government to use the PATRIOT Act conclusive presumption in favor of the life-saving tool for the law enforce- surveillance tools, while promoting government on nondisclosure of such ment and intelligence communities transparency, accountability, and over- an order. that work tirelessly to protect our Na- sight. It was not everything that every- For the first time, this Leahy amend- tion from terrorist attacks. In these one wanted but it was a commonsense ment would also write into law a sun- dangerous times, the PATRIOT Act package of improvements that should set provision and greater oversight of should give a little more peace of mind have been adopted. the use of national security letters, to millions of Americans and give The Attorney General and others NSLs, by the government. This would those seeking to do us harm good rea- have repeatedly assured us that the therefore add a fourth sunset to the son to rethink their diabolical plans. measures to enhance oversight and ac- PATRIOT Act. This provision would Earlier this year, I voted to extend countability, such as audits and public shift the burden to the government to the PATRIOT Act. Today, I reaffirm reporting, would not sacrifice ‘‘the seek a court order for an NSL non- my support for reauthorizing key PA- operational effectiveness and flexi- disclosure order, and allows the recipi- TRIOT Act provisions for an additional bility needed to protect our citizens ent of such an order to challenge it at 4 years. from terrorism’’ or undermine ‘‘the any time. Our Nation’s security has and will al- collection of vital foreign intelligence Under the Leahy amendment, Con- ways be a top priority for me. As a and counterintelligence information.’’ gress will require a new series of audits member of the Senate’s Select Com- In fact, the Attorney General has con- to ensure protection of privacy and vig- mittee on Intelligence, I am aware of sistently said that the Senate Judici- orous oversight of the new authorities the constant threat our Nation faces ary Committee-passed bill struck ‘‘a given to the government. The Justice from terrorists and individuals who good balance’’ by extending PATRIOT Department inspector general would hate us and want to impose their rad- Act authorities while adding account- conduct audits of the use of three sur- ical view of the world at all costs. Any ability and civil liberties protections. veillance tools: orders for tangible changes or limits on the PATRIOT Act One of the improvements we need to things; pen registers and trap and trace would only give these extremists an make is to repair a constitutional in- devices; and NSLs. The scope of such opening to strike us. firmity in the current law. The so-

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3372 CONGRESSIONAL RECORD — SENATE May 26, 2011 called Doe v. Mukasey fix is needed to House and Senate leaders have struck a SECTION 1. SHORT TITLE. address a first amendment problem preliminary agreement for an extension to This Act may be cited as the ‘‘Small Busi- with the national security letter stat- June 2015 and may vote on the matter as ness Additional Temporary Extension Act of utes, and should not have been con- early as Thursday morning. This agreement 2011’’. was not easy to come by. Several Republican troversial in any way. Similarly, no SEC. 2. ADDITIONAL TEMPORARY EXTENSION OF senators originally wanted permanent exten- AUTHORIZATION OF PROGRAMS one can seriously contend that periodic sions—a proposition rebuffed by most Demo- UNDER THE SMALL BUSINESS ACT audits by an inspector general of past crats and civil liberties groups. In the House, AND THE SMALL BUSINESS INVEST- operations presented any operational conservative Tea Party members, who wor- MENT ACT OF 1958. concerns to law enforcement or intel- ried about handing the federal government (a) IN GENERAL.—Section 1 of the Act enti- ligence gathering. These are vital over- too much power, earlier this year bucked a tled ‘‘An Act to extend temporarily certain sight tools that everyone should have move that would have kept the provisions authorities of the Small Business Adminis- alive until December. Congressional leaders tration’’, approved October 10, 2006 (Public supported. Law 109–316; 120 Stat. 1742), as most recently As it stands now, the extension of the were forced to piece together short-term approvals to keep the tools from lapsing. amended by section 1 of Public Law 112–1 (125 PATRIOT Act provisions does not in- The compromise four-year extension is im- Stat. 3), is amended— clude a single improvement or reform, portant because it gives law enforcement (1) by striking ‘‘Any’’ and inserting ‘‘Ex- and includes not even a word that rec- agencies certainty about the tools’ avail- cept as provided in section 3 of the Small ognizes the importance of protecting ability. But the bill would be that much Business Additional Temporary Extension the civil liberties and constitutional stronger if oversight and auditing require- Act of 2011, any’’; and privacy rights of Americans. We could ments originally included in the version (2) by striking ‘‘May 31, 2011’’ each place it have provided the necessary tools to from Sen. Patrick J. Leahy (D–Vt.) were per- appears and inserting ‘‘July 31, 2011’’. mitted to remain. Mr. Leahy’s proposal, (b) EFFECTIVE DATE.—The amendments law enforcement and the intelligence made by subsection (a) shall take effect on community, but could have done so which won bipartisan approval in the Senate Judiciary Committee, required the attorney May 30, 2011. while faithfully performing our duty to general and the Justice Department inspec- SEC. 3. EXTENSION OF SBIR AND STTR TERMI- protect the constitutional principles tor general to provide periodic reports to NATION DATES. and civil liberties upon which all congressional overseers to ensure that the (a) SBIR.—Section 9(m) of the Small Busi- American rely. tools are being used responsibly. Mr. Leahy ness Act (15 U.S.C. 638(m)) is amended— Today’s Washington Post included an has crafted an amendment that includes (1) by striking ‘‘TERMINATION.—’’ and all editorial that urged the Senate to ex- these protections, but it is unlikely that the that follows through ‘‘the authorization’’ tend the PATRIOT Act authorities but Senate leadership will allow its consider- and inserting ‘‘TERMINATION.—The author- also to include ‘‘additional protections ation. ization’’; At this late hour, it is most important to (2) by striking ‘‘2008’’ and inserting ‘‘2011’’; meant to ensure that these robust ensure that the provisions do not lapse, and tools are used appropriately.’’ The edi- which could happen as a result of a dispute (3) by striking paragraph (2). torial observed that the bill ‘‘would be between Senate Majority Leader Harry M. (b) STTR.—Section 9(n)(1)(A) of the Small that much stronger’’ if it included the Reid (D–Nev.) and Sen. Rand Paul (R–Ky.) Business Act (15 U.S.C. 638(n)(1)(A)) is oversight and auditing requirements over procedural issues. If time runs out for amended— included in our amendment. That is consideration of the Leahy amendment, Mr. (1) by striking ‘‘IN GENERAL.—’’ and all why Senator PAUL and a dozen other Leahy should offer a stand-alone bill later to that follows through ‘‘with respect’’ and in- Senators had sponsored the amend- make the reporting requirements the law. serting ‘‘IN GENERAL.—With respect’’; The ACTING PRESIDENT pro tem- (2) by striking ‘‘2009’’ and inserting ‘‘2011’’; ment. That is why Senator LEE voted and for them this year in the Judiciary pore. The Senator from Oregon is recognized. (3) by striking clause (ii). Committee. And I would note that Sen- (c) COMMERCIALIZATION PILOT PROGRAM.— ator KYL and Senator CORNYN sup- f Section 9(y)(6) of the Small Business Act (15 ported them in the last Congress. SMALL BUSINESS ADDITIONAL U.S.C. 638(y)(6)) is amended by striking I ask unanimous consent to have TEMPORARY EXTENSION ACT OF ‘‘2010’’ and inserting ‘‘2011’’. printed in the RECORD a copy of today’s 2011 SEC. 4. COMPETITIVE SELECTION PROCEDURES editorial from the Washington Post en- FOR SBIR AND STTR PROGRAMS. titled, ‘‘A Chance to Put Protections in Mr. WYDEN. Mr. President, I ask Section 9 of the Small Business Act (15 the PATRIOT Act.’’ unanimous consent that the Senate U.S.C. 638) is amended by inserting after sub- There being no objection, the mate- proceed to the immediate consider- section (r) the following: ation of S. 1082, introduced earlier ‘‘(s) COMPETITIVE SELECTION PROCEDURES rial was ordered to be printed in the FOR SBIR AND STTR PROGRAMS.—All funds RECORD, as follows: today. The ACTING PRESIDENT pro tem- awarded, appropriated, or otherwise made [From the Washington Post, May 25, 2011] available in accordance with subsection (f) pore. The clerk will report the bill by A CHANCE TO PUT PROTECTIONS IN THE or (n) must be awarded pursuant to competi- PATRIOT ACT title. tive and merit-based selection procedures.’’. The legislative clerk read as follows: (By the Editorial Board) f Congress appears poised to renew impor- A bill (S. 1082) to provide for an additional tant counterterrorism provisions before they temporary extension of programs under the SMALL BUSINESS ADDITIONAL are to expire at the end of the week. That Small Business Act and the Small Business TEMPORARY EXTENSION ACT OF much is welcome. But it is disappointing Investment Act of 1958, and for other pur- 2011—Continued poses. that lawmakers may extend the Patriot Act Mr. WYDEN. Mr. President, I ask measures without additional protections There being no objection, the Senate unanimous consent that Senator SES- meant to ensure that these robust tools are proceeded to consider the bill. used appropriately. Mr. WYDEN. Mr. President, I ask SIONS be recognized to speak for up to The Patriot Act’s lone-wolf provision al- unanimous consent that the bill be 20 minutes for debate only. lows law enforcement agents to seek court read three times and passed, the mo- The PRESIDING OFFICER (Mr. approval to surveil a non-U.S. citizen be- BROWN of Ohio). Without objection, it lieved to be involved in terrorism but who tion to reconsider be laid upon the table with no intervening action or de- is so ordered. may not have been identified as a member of The Senator from Alabama. a foreign group. A second measure allows the bate, and any statements relating to government to use roving wiretaps to keep the matter be printed in the RECORD. THE BUDGET tabs on a suspected foreign agent even if he The ACTING PRESIDENT pro tem- Mr. SESSIONS. Mr. President, we repeatedly switches cellphone numbers or pore. Without objection, it is so or- had an unfortunate series of votes last communication devices, relieving officers of dered. night, in my opinion, because it was all the obligation of going back for court ap- The bill (S. 1082) was ordered to be arranged by our leadership in the Sen- proval every time the suspect changes his engrossed for a third reading, was read ate to have a series of votes to do noth- means of communication. A third permits ing. That is unfortunate because the the government to obtain a court order to the third time, and passed, as follows: seize ‘‘any tangible item’’ deemed relevant S. 1082 United States of America, and the Sen- to a national security investigation. All Be it enacted by the Senate and House of Rep- ate are proceeding with an idea that three are scheduled to sunset by midnight resentatives of the United States of America in they do not have to have a budget. In Thursday. Congress assembled, fact, the majority leader, Senator

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3373 REID, said it would be foolish to pass a ity in the Senate, at least you should So the American people have come to budget. And as one of the staffers said, be able to produce a budget. So it pro- the conclusion that we need to change on background: Well, if we pass a budg- vides the Democratic majority—the 53 the trajectory of debt that we are pil- et, we will have to tell people how Democratic Senators they have—the ing on year after year, month after much we are going to raise their taxes opportunity to produce a budget on a month, day after day, by the billions— and talk about spending reductions, partisan basis if it cannot be done on a trillions, really. and that will not be popular. bipartisan basis. So the normal process The President’s budget, as scored by What did they do? One of the most is, you work with your colleagues on the Congressional Budget Office, would incredible things I have ever seen in the other side of the aisle, and if you produce uncontrolled debt year after the Senate. Did they express regret think a good agreement can be made in year after year, in amounts never be- that they could not pass a budget, that a bipartisan fashion, you do so and fore contemplated in our country, they would not state for the American move a bipartisan budget. making the debt trajectory of our cur- people a vision for spending and the fi- I remember last year when Senator rent baseline spending worse, not bet- nancial future of America? No. What Gregg, our Republican ranking mem- ter. did they do? They have the majority in ber, talked about his conversation with I was under the impression everybody the Senate. They called up the budget Senator CONRAD, and he said: He is not understood we had to change and get passed by the House of Representa- letting me see the budget. It is going to better. I thought, when we came in tives, which is a really historic budget, be produced the next morning. What with this Congress, the debate would be an honest budget that deals fairly and that means is, he is going to produce a over how much to change in the right objectively with the challenges we are partisan budget. He does not want our direction, how much could we do to re- facing, reduces spending, actually was opinion. He is not going to show us duce the deficits, put us on the right able to reduce some taxes, and pro- what is in his budget until the day of path. Not the President’s budget, posed, a decade out, that the Congress the mark-up. which made things worse. confront Medicare because it is going So this year, we wrote—all the Re- According to the Congressional Budg- broke. So what did they do? They publican members; I am the ranking et Office, which analyzed his budget called up that budget. Did they call it member now—we asked the Budget and scored it, as we say, the lowest sin- up to amend it? Did they call it up to chairman to show us his mark 72 hours gle deficit that budget would produce is offer us a chance to debate it and offer before the mark-up because he had not $748 billion, the lowest deficit to be amendments and fix anything anybody consulted with us and it appeared he produced under his 10-year budget. did not like about it? No. That was not was going to produce a partisan budg- President Bush was criticized for what was done. They brought it up et. Actually, he told me the date the spending. The highest budget deficit he only with the most limited debate be- hearing would commence to mark up had was $450 billion. That was the high- fore all four votes. They stacked all his budget, but he did decline to give us est President Bush had, and he was four votes on four different budgets and any advance notice or opportunity to criticized for that by many of my projections and just voted them down. see what was in it. Democratic colleagues quite vocifer- They voted down every budget that All I am saying is that the procedure ously. was offered. is set up realistically under the Budget President Obama is now heading to I have on my desk in my office the Act to allow the majority party to his third trillion dollar budget deficit. President’s budget. It is four volumes, meet its responsibility to pass a budg- This year, it is going to be $1.5 trillion, hundreds of pages, and it lays out a et. They do not need a single Repub- it looks like three times the size of budget. Every President submits budg- lican vote to pass a budget. I think it President Bush’s highest deficit. As I ets. They have a 500-person Office of is better if you can get a bipartisan said, the lowest deficit they are pro- Management and Budget staff. Every agreement. Oftentimes in the past, jecting is $748 billion, and then it year, they produce a budget. The law there have been. But since budgets rep- starts going back up again. In his 10th requires them to produce a budget. resent visions for America, oftentimes year, according to the Congressional This is the Code, the United States in recent years they have gone on pret- Budget Office, the deficit will be $1.2 Code Annotated, and in this is the law ty much a party line but not 100 per- trillion. that says a President should submit a cent. That is what I would say. It is an indefensible, irresponsible budget and the date by which he should So the President submitted his budg- budget. I am stunned that it was pre- do it. It says the U.S. Senate should et, and it was roundly criticized around sented here. It has been widely criti- commence markup in the Budget Com- the country, and I was a very severe cized, as well it should be. So it was mittee by April 1 and the Congress critic of it. So we offered that budget voted down last night. should pass a budget by April 15. Last last night. That was one of the four If you are going to vote down some- I heard, April 15 is long since passed. budgets that was offered. We brought it thing, should you not offer something How do you get a budget out of com- up. It is the only Democratic budget to in its place? That is what the fiscal mittee and to the floor of the Senate? be produced. I believe the Progressive commission that President Obama ap- What are we supposed to do by April 1? Caucus produced one in the House, but, pointed said. That was their rule. That The chairman is supposed to call a of course, it did not pass. It had a lot is what they promoted publicly: If you markup, and he is supposed to bring up of tax increases, a lot of spending in- oppose a budget, you should offer your the budget he proposes, offer it to the creases in it. It had no chance whatso- own. And, in fact, after Congressman Budget Committee. It is open for ever of being passed. The American RYAN, who served on the fiscal commis- amendment, change, and debate, then people sent us a message last year that sion with Mr. Bowles and Senator it is voted on. A budget should then they want us to get spending under Simpson, the cochairmen, he produced come out of the committee to the floor control. They want us to reduce the a budget. They gave him great credit. of the Senate. It has expedited proce- size and scope of government. That is They said it was honest and coura- dures, but you are allowed to offer what they asked us to do. geous, and it faced the challenges of amendments, and there is 50 hours of So the President’s budget came up America, and it deserved respect, and debate—not too much. It does not re- last night, and, 97 to 0, every Democrat then said: Anybody who does not agree quire the normal 60 votes we have to voted against the President’s budget. with that should show what they would have for legislation here; it only re- Well, they should because it was unac- do. quires a majority, 50 votes. ceptable. I have referred to it as the So yesterday afternoon, we had the That is basically designed, frankly— most irresponsible budget in the his- spectacle of Democratic Senators ham- when the people wrote the Budget Act tory of our country because we are in a mering and complaining about the back in the 1970s—to allow the major- deeper financial hole than we have ever Ryan budget, which in my opinion is ity party to be able to pass a budget been. That is just a fact, and it is not the most historic and responsible budg- because there were too many filibus- a short-term, little problem; it is a et to be produced in decades. No, it is ters of budgets and no budgets were problem that is getting worse in the not perfect. It is perfectly acceptable getting passed. If you have the major- years to come. to believe that it ought to be amended.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3374 CONGRESSIONAL RECORD — SENATE May 26, 2011 But it was a historic, honest attempt did yesterday—and then the majority years—that does not include the stim- at dealing with the fiscal challenges we leader is going to say, see, it is foolish ulus package, the almost $900 billion face, and would put us on a financial to produce a budget. I told you we stimulus package that was thrown out path to solvency and stability and could not produce a budget. We are not the door with almost no oversight. It eliminate the risk we are facing. We going to fool with having a budget this was just designed to spend. And do you probably should do more to reduce year. remember, it was supposed to stimu- spending than he proposed. But it was It has been 757 days since the Senate late the economy. courageous and bold and honest and has had a budget, because the majority We probably have had the slowest without gimmicks. I thought a very leader did not bring up a budget last ever rebound from a recession. It has impressive document. I looked forward year either. Does anybody have any been a very shaky recovery. They will to debating parts of it in our Budget wonder about why we are going to have say, well, we should have spent more. Committee. a $1.5 trillion deficit this year, why 40 But Rogoff and Reinhart, the profes- So what did we have last night? Yes- cents of every dollar we spend is bor- sors, tell us, when your debt gets as terday? They just brought it up and rowed? We spend $3.7 trillion and we high as that of the United States, then every Democratic Member voted it take in only $2.2 trillion. you begin to show a decline in growth. down. And why? Because he had the Experts and financial wizards all over One percent of GDP growth is reduced gumption to actually suggest that for the world are telling us, what are you when your debt reaches 90 percent of people 55 and younger, we should begin doing in the United States? You are GDP. We reached that this year, and to create a Medicare system that would about to threaten the world’s most we will go over 100 percent by Sep- be solvent and effective and save Medi- prominent economy. It could have tember 30. This is the budget that the President care, because the trustees have reduced worldwide ramifications. Our debt to has submitted to us. He has a large the year again at which it goes insol- GDP compares with Portugal and staff over there. They maintain it. A vent. Senator REID and Senator SCHU- Spain, almost as high as Greece. It will large number of them have been there MER had cleverly thought up this the- be 100 percent by September 30 of this for many years. The President sub- ory and were explicit about it. Their year. mitted to us a budget. It was rejected theory was they would not bring up And we are going away without a budget again. The people who have yesterday 97 to 0. It confirms the fact their own budget. They would not tell that we do not have a legitimate budg- asked to be given a leadership responsi- the American people how much they et before us. The President’s budget bility in the Congress cannot even wanted to increase their taxes. They has been rejected utterly. The Demo- comply with the Budget Act. They would not tell the American people crats have refused to produce one. they were going to cut anything, be- refuse to stand before the American They say: Why don’t you have a cause they might make someone un- people and say what they want to tax, mark-up and offer your budget? I can- happy and be unpopular. They would what they want to spend, what they not call a mark-up. The chairman calls just call up the Ryan budget and at- want to cut—because it would not be the mark-up. The majority leaders con- tack Republicans as wanting to kill popular. It would be foolish. fer and tell the chairmen when to call Medicare, and produce nothing in re- I do not think so. It is not accept- a mark-up. They decided not to call a sponse. They do not have any plan to able. You asked to be the leader of this budget mark-up. We do not have an op- fix the situation we are in. Congress. You asked to be the Presi- portunity to go to the Budget Com- I am disappointed about that. It is dent of the United States. You have a mittee and pass a budget. unthinkable that we would be recessing responsibility to submit a responsible We had such tremendous interest, and going home for a week without budget, an honest budget, a fact-based and a lot of the new people who got commencing markup hearings in the budget, a budget the American people elected to the Senate last fall wanted Budget Committee to produce a budget have an opportunity to understand, to to be on the Budget Committee. They that we are required by law to produce. read and study before we vote. And if traveled their States. They had heard It is unthinkable we would do that. the American people find we have cast from their people all over their States I will be presenting to the majority a bad vote, they can cast a good vote to that they wanted us to control spend- leader a letter today from Senators on throw some people out of Congress. ing. They wanted to be on the com- our side of the aisle—large numbers of They threw some people out last fall. mittee. It was the committee which Senators have signed it, saying, we do It does not look like we have gotten had more interest and more people not need to go home until we have con- the message—Business as usual. We are pushing to be on it than any other fronted this problem, and you have in denial. We do not have to change. committee. We finally selected a fabu- shown us how we are going to move Oh, no, you cannot cut this spending lous group of people to serve on the forward to meet our statutory respon- program. What do you mean you can- committee. And now we do not meet. sibility to pass a budget. not cut spending programs? Give me a Now we are not even going to mark up I think that is reasonable. That is break. The Alabama Governor, Dr. a budget. What a disappointment for what we are going to be asking today. Bentley, had to announce a 15-percent those new Members coming here with I am not going to vote to go home reduction in discretionary spending. vim and vigor and ready to do some- without having met our duty. We call Why? He did not have the money. Is thing about the future of the Republic. up our young men and women in uni- that something we have forgotten in You know, one of the things that was form. We say: You will go to Iraq for a Washington—when you do not have interesting about the President’s budg- year. They say: Well, I would rather money, you should not spend it? et is how much praise it got from our not go. It is in your contract. You Well, you say, it is all because of this Democratic colleagues who voted it signed up. You have to go. It is your economy, or something else. Look, down last night when it came out. This duty. And they say, yes, sir, and they under President Obama, nondefense is what Senator SCHUMER said about it: go. discretionary spending in 2 years went ‘‘This is a responsible proposal. I be- Many of them have lost lives and up 24 percent. We are going broke. We lieve this approach should have bipar- limbs and we ought to remember them are increasing spending on all the gov- tisan support.’’ Senator BILL NELSON: this Memorial Day. But Do not we have ernment programs. On an average, in ‘‘I personally think the President’s a duty here? I think we do. I think we the last 2 years that is 12 percent a budget is a step in the right direction.’’ have a duty to the United States of year. You know, the value of your Senator MAX BAUCUS: ‘‘The President’s America to produce a budget, whether money will double in 10 years if your budget strengthens our economy.’’ Sen- or not it is law. But it is law in the interest is 7 percent. At 12 percent, I ator BEN CARDIN: ‘‘President Obama United States Code. That is our duty. guess the size of government would in- has given us a credible blueprint.’’ Sen- We do not need to be going home until crease and double in 6 years. ator TOM CARPER: ‘‘The President’s we fulfill it, and we have a plan to go Great scott. No wonder people are budget is an important step forward.’’ forward with it. I want to say this is upset with us. We have been spending Senator FRANK LAUTENBERG: ‘‘Presi- not a little bitty matter with me. We incredibly recklessly. Also the 12 per- dent Obama’s budget presents a careful are not going to have four votes—as we cent I mentioned—24 percent in 2 evaluation of what our Nation needs.’’

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3375 They all voted no last night. You was rejected last night. If it caused us The PRESIDING OFFICER. Without know, with friends like that, you do to live within our means and allowed objection, it is so ordered. not need enemies, as they like to say. us to pay down our debt then I would RESIGNATION OF DOMINIQUE STRAUSS-KAHN But what about Mr. Erskine Bowles, vote for it. It did not come close to Mr. KIRK. Mr. President, last week, I the man President Obama chose to that. Yet the President talked about it spoke on the floor regarding the res- serve as chairman of the debt commis- all over the country, and his staff ran ignation of Dominique Strauss-Kahn, sion? Mr. Bowles talked about the around saying this budget will allow us who is managing director of the Inter- budget. He was rather stunned actually to live within our means. That is to- national Monetary Fund, due to the se- when it came out. It came out I think tally inaccurate, and that is irrespon- rious criminal charges he is now facing on Friday. On Sunday, Mr. Bowles said: sible. What the President should have in New York. ‘‘It comes nowhere close to where they done, and what our Democratic leaders Mr. Strauss-Kahn has since resigned, will have to go to avoid a fiscal night- have to help us with, is go to the Amer- but it appears he will now receive at mare.’’ ican people and, with clarity, without least a $250,000 taxpayer-funded sever- Can you imagine? This is the man equivocation, say we cannot continue. ance pay package from the IMF and President Obama chose to head the def- We must tell them big changes have to may be eligible for further undisclosed icit commission, and he hammered this be made, and we are so sorry this coun- amounts in annual IMF retirement budget. try has gotten in the shape we are in. benefits. He said it is nowhere close, and it is We must say that we are going to make Since the United States is the largest nowhere close to doing what we have to some changes, and we urge you to help contributor to the IMF, we now face do. So I believe what we went through us stick together and do it. We must do the potential share scenario where the yesterday was a sham, a mockery, a this to put the country on the right American taxpayer is partly under- joke, and had no meaning. It was noth- path. writing severance payments and retire- ing but politics, nothing but an avoid- But what do we have? We have Con- ment packages to a man who is pend- ance of responsibility to help provide gressman RYAN, in the Republican ing a criminal conviction as a felon. leadership. House, who had the temerity, the cour- This is clearly unacceptable, and it is We all know some serious choices age, the discipline, and the sense of my hope that the U.S. executive direc- have to be made, and I will close with duty sufficient to pass a budget that tor to the IMF, Meg Lundsager, advo- these thoughts. We are going to need a would actually do what needs to be cates that no future benefits pass to partnership in the Senate between our done. They called it up and attacked it Mr. Dominique Strauss-Kahn, if he is parties. There are going to be some with everything they had, but they will convicted of the crimes with which he tough choices which have to be made. not produce anything of their own. is charged. In my view, we simply cannot continue It cannot be denied that this is a fail- As you know, the IMF is spear- at our rate of spending. It has to be re- ure of leadership. I believe the process heading efforts to manage a very wide duced. But we have people in denial, and path we are on now is dangerous; it and deep European debt crisis. Despite who don’t think it has to be reduced. is not public, it is secret. They tried to my reservations about U.S. taxpayer But when your lowest deficit in 10 produce a secret plan on comprehensive bailouts for Greece, Ireland, and Por- years is projected to be $740 billion, and reform of immigration. The American tugal, the institution does play a very this year’s will be the highest in the people heard about it, and down it critical role in financial leadership. I history of the Republic, $1.5 trillion or went. They tried to negotiate in secret think it needs to set an example, espe- more—how do we get there? this health care reform bill. They were cially with regard to its now-disgraced We are going to have to make some able to hold their votes on a straight leader. choices. I have saluted the Gang of Six, party-line vote—60 to 40—but the Mr. Strauss-Kahn has failed to live who have tried. Apparently, they have American people were not happy with up to the expectations of his institu- fallen on hard times and the prospects the process or results and a lot of peo- tion and what the American taxpayers aren’t good for that. Now the Vice ple who participated in that spectacle support. President is meeting. There is some ex- didn’t come back after this last elec- STATE BAILOUTS cuse, they say, that we don’t have to do tion. Mr. President, the U.S. Treasury is our business openly and before the pub- That is not the path we are hearing scheduled to borrow over $1.4 trillion lic and stand and be accounted for be- from our constituents. Our constitu- this year, and we have a scheduled in- cause that would not work. People are ents are saying: You work for us. We terest payment of over $220 billion. We afraid to make tough choices and deci- want to see you publicly stand and de- will pay more in interest this year sions in public. fend the values we believe in. If you than we do for the cost of the U.S. I believe the American people are not don’t do so, we are going to hold you Army. I am very concerned about this happy with us. I know they are not accountable. I think that is democracy situation and also an underreported fi- happy with us. Seventy percent of in America, and that is healthy. I don’t nancial situation developing in Amer- them believe this country is on the think there is anything wrong with it. ican States. The situations in my home wrong track, and the biggest part of I respect the American people who are State of Illinois and the State of Cali- that, surely, is our fiscal management. watching Congress and demanding that fornia are the most dire. I would regret They know this debt cannot be sus- we change the trajectory we are on. any attempt by these States to seek a tained. So we need to do something. I believe strongly that we need to do Federal bailout. To defend the full The best way to do it is to follow the better. I believe strongly that this Con- faith and credit of the United States, I regular order, follow the legally congress should have in play and commit think we should move forward with a stituted method of budget processing. before we recess—or not recess—a plan resolution that I introduced with a Let’s have a Budget Committee meet- to deal with the financial crisis our Na- number of other Senators, S. Res. 188, ing, and if the Gang of Six has ideas, tion faces. When we do that, we can that expresses the sense of the Senate let’s have them brought up in the feel like we are fulfilling our duty both that we should have no Federal bailout Budget Committee and vote on them. If in law and morally to the people who for the States. Vice President BIDEN wants to send have given us the honor of serving in This is an issue that has concerned something over, I am glad to hear it. If this body. the Senate once before. In the 1840s, we the President wants to send his people I yield the floor and suggest the ab- faced a funding crisis of the States. over to defend this budget that has sence of a quorum. The Senate wisely advised then-Sec- been rejected 97 to zero, let them do it. The PRESIDING OFFICER. The retary of the Treasury Daniel Webster I will tell you what he and his Budget clerk will call the roll. to seek or report on any discussions Director, Mr. Lew, said—can you be- The assistant legislative clerk pro- that he might have had that could have lieve it? They said this budget will ceeded to call the roll. led to guaranteeing State debt. It was allow us to live within our means and Mr. KIRK. Mr. President, I ask unan- the Senate’s express resolution that not spend money we don’t have. That is imous consent that the order for the prevented Treasury Secretary Webster the way they promoted this budget. It quorum call be rescinded. from bailing out the State’s

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3376 CONGRESSIONAL RECORD — SENATE May 26, 2011 debt. The crisis at the time was even costs we defend the credit rating of the What is happening right now is so in- reflected in Charles Dickens’ famous United States. It is our sacred duty to humane. I wish I had the pictures I book ‘‘A Christmas Carol,’’ in which make sure that what is befalling the showed before. The beautiful First Scrooge was described as someone who people of Greece and the people of Por- Lady, Simone Gbagbo, is a beautiful was less than wealthy because he had tugal and the people of Ireland, being lady, and they took her into captivity, overinvested in what were called misruled by governments that said yes pulled her hair out by the roots, and United States sovereigns. In fact, the to every special interest spending idea ran through the streets of Abidjan, phrase in the ‘‘Christmas Carol’’ is and no to their economic future, does holding up her hair in their hands. ‘‘not worth a United States sovereign’’ not infect the credit rating of the They are murdering everyone who is a because of the spend-thrift policies of United States. friend of that administration. many State governments at the time. That is why this resolution is so Well, I have one plea right now. The Senate at that time took the needed, and that is why I am so proud There are a lot of options on what they correct action to prevent the spend- to submit it today in the full and com- can do. They can murder the President thrift actions of several States from plete historic financial tradition of the and First Lady—and they are consid- contaminating and ruining the credit Senate. ering that now. They are trying to con- rating of the United States itself. I yield the floor. sider some way to make it look like Our credit rating is already under The PRESIDING OFFICER. The sen- suicide. I don’t know what they are stress with reports, especially by ior Senator from Oklahoma is recog- doing. The State Department doesn’t Standard & Poors, that we may face a nized. know what they are doing. Unfortu- loss in the AAA credit rating invented Mr. INHOFE. Mr. President, I ask nately, the State Department doesn’t to symbolize the strength of the United unanimous consent to speak as in even care what they are doing. States if we don’t change the spending morning business for 10 minutes. One of the options would be to allow course soon. A way to accelerate the The PRESIDING OFFICER. Without the President and the First Lady and loss of a AAA credit rating is to guar- objection, it is so ordered. some who are close to go to another (The remarks of Mr. INHOFE per- antee or somehow bail out spend-thrift country in Sub-Saharan Africa and be taining to the introduction of S. 1085 States such as Illinois or California. able to stay in that country. We have are printed in today’s RECORD under In Illinois, we have a very courageous already located host countries to allow ‘‘Statements on Introduced Bills and State treasurer who just took office that to take place. Joint Resolutions.’’) and made a clear statement. Treasurer So I am making an appeal right now. Dan Rutherford has told the leaders of COTE D’IVOIRE I can’t get the Secretary of State to my own State they need to stop bor- Mr. INHOFE. Mr. President, I have talk to me about it. I can’t get anyone rowing, they need to stop spending. He made four speeches on the floor in the else but just a handful of people, but is seeking no Federal bailout for his last month about the disaster, the ca- we need to do something and do some- State. The State situation is quite tastrophe that is taking place in a thing now—today. If we wait until dire. country in west Africa called Cote after this recess, I would almost say By one estimate, the revenues and d’Ivoire. Cote d’Ivoire is a country their blood will be on the hands of the pensions of the State of Illinois are the whose President, the legitimate Presi- State Department because we can do worst funded in America. Less than 40 dent, I might add, is Laurent Gbagbo, something about it now. All we have to percent of the pensions, by one esti- with his wife Simone. Someone named do is encourage the new, illegitimately mate, have been funded. With this type Alassane Quattara, from the northern elected President of Cote d’Ivoire— of track record, you could see a situa- part of Cote d’Ivoire, with a rigged Alassane Ouattara—and his adminis- tion in which California or Illinois, in a election, came in; it was certified. It tration to give an opportunity for an- crisis, would seek a bailout from the was all set up before we knew what was other state to host these two individ- Senate and from the House. I think we going on. uals. Quite frankly, I think that would should repeat the wise precedent set in That individual’s name is Quattara. be a very smart thing politically for the 1840s, the advice we sent to Treas- His death squads today, this very mo- him to do because with the other two ury Secretary Daniel Webster to set a ment as we speak, are roaming the options, we all know what happens. We clear marker for our own Treasury Sec- streets of Abidjan in Cote d’Ivoire. He know what martyrs are, and that is retary to make sure there is no bailout is murdering and he is raping. Right what would happen. now they have in captivity Laurent for the States. To protect our credit So this is, I guess, a final appeal to Gbagbo, the legitimate President of rating, I think this action is necessary, anyone who is sensitive to the tor- Cote d’Ivoire. I think they are in the especially to reassure the credit rating turing, raping, and murdering that is process of perhaps killing him right agencies. going on today to join me in encour- What would happen if we don’t? now. We don’t know that. The State aging the State Department, the Could we provide temporary benefits to Department does not know it. No one United Nations, France, and Alassane Illinois and California? We could. Could knows it. Ouattara to turn over President and we underwrite their policies of spend- We had a hearing. The State Depart- Mrs. Gbagbo to a host country for their thrift ways? We could. Would we accel- ment was totally without compassion asylum. erate a loss of the AAA credit rating of or concern over what is happening in With that, I yield the floor. the United States? We could. We are al- the streets of Abidjan. We saw, we wit- ready seeing an example of what hap- nessed on video, the helicopters coming The PRESIDING OFFICER (Mrs. pens when you drive your national through and destroying that city. We HAGAN). The Senator from Florida. economy off a cliff. Many of us origi- have friends there right now who tell OIL SPECULATION nally hailed from our long-time ances- us that even today the death squads of Mr. NELSON of Florida. Madam tors who passed from Ireland, and re- Alassane Quattara are roaming the President, we have all heard the phrase cently the Irish Government finances streets murdering people. No one can ‘‘drill, baby, drill.’’ Well, it is inter- collapsed as they lost their credit rat- say within 10,000 people how many peo- esting that the pro-oil company folks ing. Because interest rates spiked in ple they murdered. think that all of our answers have to that country so fast, 53 percent of My concern is it is too late to do any- do with drilling because, lo and behold, mortgages in Ireland were foreclosed in thing about that. They rigged the elec- we have actually increased our domes- a short space of time after the loss of tion. I documented it. I sent the docu- tic production. Let me quote from a their credit rating. mentation to the State Department. Reuters story from May 25: We need to act to protect the people They paid no attention to it. France Crude oil production, especially in the deep of the United States from such an eco- was behind the whole thing. France waters of the Gulf of Mexico, increased by nomic fate. That is why we need to say wants to have as much control as they 334,000 barrels per day between 2005 and 2010, no to any State bailouts, why we need can of west Africa. They conned the which also cut into foreign oil purchases. to cut spending in Washington, and United Nations into it and our State As a matter of fact, the article goes why we need to make sure that at all Department went along with it. on to say:

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3377 Imports of crude and petroleum products ago—entitled ‘‘U.S. Suit Sees Manipu- happened back in 2008 when the price of accounted for 49.3 percent of the U.S. oil de- lation of Oil Trades.’’ Let me quote gas went so high. Speculators con- mand last year, down from the high of 60.3 from the article. stitute now anywhere from two-thirds percent in 2005. It also marked the first time The suit says that in early 2008 they tried to 80 percent of the market. They are since 1997 that America’s foreign oil addic- to hoard nearly two-thirds of the available tion fell under the 50 percent threshold. no longer a bit player, they are the supply of a crucial American market for main player, and this is what we need Now, that is worth noting. That is crude oil, then abruptly dumped it and im- to end. really something because the trend is properly pocketed $50 million. In last year’s financial reform bill, reversing. Maybe it is that we are get- So the Federal commodities regu- we directed the Commodity Futures ting more energy conscious. Maybe it lators filed a civil lawsuit against two Trading Commission to set hard limits is that we are expending less gasoline obscure traders in Australia and Cali- on the speculative positions. We gave in our vehicles because of the higher fornia and three American and inter- them a deadline of last January 21. miles-per-gallon standards. Maybe we national firms. This was in the context Now we are here months past the dead- are remembering to turn off the lights of 3 years ago, in 2008, when oil prices line, but the CFTC has not yet final- when we leave the room. Maybe we are had surged past $100 a barrel. There ized a rule. being a lot more sensitive to how vul- were those suspicions then that traders Why should they do this? If you are a nerable we are because we depend—as had manipulated the market, and that legitimate user of oil—say, an airline— we have in the past—on upwards of 60 ultimately has led to a number of com- you have every reason to want to hedge to 70 percent of our daily consumption mentaries and investigations. against the price of that oil going way from foreign shores, places such as Ni- Well, the regulators at the Com- up, so you buy a contract for delivery geria and the Persian Gulf and Ven- modity Futures Trading Commission of oil at a specified price at a future ezuela. have now filed this suit, and they are date. But if you are a speculator—buy- Now, I have just named three very looking into the fraud being utilized in ing and selling oil futures contracts, unstable parts of the world that could, these oil and gas markets, particularly having no intention to use the oil, hav- at any moment, cut off that produc- the commodity futures markets. ing only to put as a downpayment a tion. So maybe America is finally wak- In the past months, I have come to bare percentage of the total contract ing up to the fact that, lo and behold, the Senate floor several times to dis- price—you can manipulate that price we have to be concerned about our en- cuss the net result of all of this, which upwards by buying and selling those ergy sources and not depend so much is what we pay at the pump, and how it contracts. This is exactly what hap- on foreign production. directly links to these oil speculators pened back in 2008. It is what is hap- The mantra ‘‘drill, baby, drill’’ im- and the game they play in running up pening again, as we have seen the price plies that if we just continue to drill— the price of oil. Using the data from of a barrel of oil go up and up. in places where we can drill domesti- the Commodity Futures Trading Com- We passed the law last year. The cally—that is going to solve our prob- mission and price data from the Energy Commission has the authority. We lem. But that ignores the fact that it Information Administration, we have should not have to pass another law takes about 10 years to take an oilfield shown on this floor in speech after that requires them to do it, but if the and get it into production. So that speech—until I am blue in the face— CFTC cannot get the job done, then we doesn’t solve our problem now as we the direct link between the rising level are going to have to. That is the bot- are facing these high gas prices. That of speculators and their speculation in tom line. is what I want to talk about, the high our energy markets and the sky- The American people are outraged. gas prices. rocketing oil and gas prices. Here America is lowering its consump- We ought to drill where we should. A When the top executives of the five tion of oil, here America is lowering its lot of people do not know that of the 37 largest oil companies in the United imports of oil, here we are getting million acres that are leased in the States testified a week ago in our Sen- more energy conscious, and yet the Gulf of Mexico only 7 million are ate Finance Committee on what role price of gas keeps going up. It is time drilled. There are 37 million acres speculation played in the oil markets, I to put an end to this. leased in the Gulf of Mexico, but only asked them to please explain why gas I yield the floor, and I suggest the ab- 7 million of those 37 million acres are prices are remaining so high when oil sence of a quorum. The PRESIDING OFFICER. The drilled. So let’s do drill, baby, drill. prices have begun to fall. Madam Presi- Let’s drill on all those leases, those 30 clerk will call the roll. dent, you should have heard the mum- The bill clerk proceeded to call the million acres in the gulf and elsewhere bling around that followed. The truth roll. that are existing leases and that is, speculators, whether they are active Mr. MCCAIN. Madam President, I ask haven’t been drilled. traders or passive investors, have hi- unanimous consent that the order for But it is not the world oil market jacked our oil markets in recent years, the quorum call be rescinded. and the U.S. consumption that is caus- and the American people are the ones The PRESIDING OFFICER. Without ing these gas prices to go up. There are who are suffering the consequences be- objection, it is so ordered. other factors, and I want to talk about cause the price of that gas goes up The Senator from Arizona is recog- that as well. It is true there are new when we pump it into our cars. nized. demands on oil consumption from bur- Oil prices are set in futures markets, Mr. MCCAIN. I thank the Chair. geoning countries such as China and such as those regulated by the Com- Mr. President, in a few minutes my India, and that causes more oil to be modity Futures Trading Commission. colleague from Maryland, Senator consumed from the world marketplace. Futures contracts—meaning we buy a CARDIN, will be introducing a bill But remember what I just cited; that contract of oil at a specified price to be which I am a cosponsor of, along with the United States is lowering its con- delivered at a future date—allow oil a large bipartisan group of our col- sumption of imported oil. So that is producers to lock in prices on their fu- leagues. I wish to emphasize at the out- clearly not a factor affecting the price ture output. Those contracts also allow set that some may characterize this of oil worldwide or the price at the large consumers of fuel, such as air- legislation as anti-Russian. In fact, I pump we pay for the refined gasoline. lines, to lock in a price as a hedge believe it is pro-Russian. It is pro the No, there is another reason. That against inflation and that future price people of Russia. It is pro the people reason happens to be the speculators swinging way up. who stand up for human rights and de- who are out there running up the price The futures markets were intended mocracy in that country which, unfor- on commodity exchanges for oil futures to bring actual producers and real con- tunately, seems to be sadly deprived of. contracts. Those prices run up until sumers of oil together, and, in doing so, This legislation, as my colleague and they are ready to dump them, and then the supply would match the demand. friend Senator CARDIN will describe, re- suddenly they go down. Speculators then were allowed to play quires the Secretary of State, in con- I want to call the attention of the a limited role to ensure there was suffi- sultation with the Secretary of the Senate to a New York Times story cient liquidity in the market. But then Treasury, to publish a list of each per- from May 24—just a couple of days here is what happens—and this is what son whom our government has reason

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3378 CONGRESSIONAL RECORD — SENATE May 26, 2011 to believe was responsible for the de- islation. I hope in his remarks perhaps often publicly, with the hope that tention, abuse, or death of Sergei my friend from Maryland would men- these statements will be all they need Magnitsky; participated in efforts to tion the latest in the last few days to do. They say oh, yes, we are against conceal the legal liability for these which was the affirmation of the in- these human rights violations. We are crimes; committed those acts of fraud credible sentence on Mr. Mikhail for the rule of law. We are for people that Magnitsky uncovered; is respon- Khodorkovsky and his associate which being able to come forward and tell us sible for extrajudicial killings, torture, is, in many ways, tantamount to a about problems and be able to correct or other gross violations of human death sentence; again, one of these bla- things. They condemn the abusers, but rights committed against individuals tant abuses of justice and an example they take no action. They think their seeking to expose illegal activities in of the corruption that exists at the words will be enough. Well, we know Russia or exercise other universally highest level of government. differently. We know what is happening recognized human rights. I wish to say again I appreciate the today in Russia. Second, the individuals on that list advocacy of my colleague from Mary- We know the tragedy of Sergei would become the target of an array of land and his steadfast efforts on behalf Magnitsky was not an isolated episode. penalties, among them, ineligibility to of human rights in Russia, Belarus, and This is not the only time this has hap- receive a visa to travel. They would other countries. It has been a great pened. My colleague from Arizona men- have their current visas revoked, their honor to work with him and for him in tioned the Mikhail Khodorkovsky case. assets would be frozen that are under bringing this important resolution to Mr. Khodorkovsky is today in prison U.S. jurisdiction, and U.S. financial in- the floor of the Senate. with even a longer sentence. Why? Be- stitutions would be required to audit I ask unanimous consent that at the cause he had the courage to stand up themselves to ensure that none of appropriate time, the Senator from and oppose the corrupt system in Rus- these individuals are able to bank ex- Maryland and I be allowed to engage in sia and something should be done cess funds and move money in the U.S. a colloquy. about it. That is why he is in prison, financial system. The PRESIDING OFFICER. Without and that is wrong. I guess the first question many peo- objection, it is so ordered. So it is time we do something about ple will be asking is who was Sergei The Senator from Maryland. this and that we make it clear that ac- Magnitsky? Who was this individual Mr. CARDIN. Mr. President, let me tion is needed. For too long, the lead- who has aroused such outrage and thank Senator MCCAIN, not just for ers in Russia have said we are going to anger throughout the world? He was a taking time for this colloquy con- investigate what happened to Sergei tax attorney. He was a tax attorney cerning Mr. Magnitsky but for his Magnitsky. We think it is terrible he working for an international company longstanding commitment to justice died in prison without getting adequate called Hermitage Capital that had in- issues, human rights issues, and the medical care. As Senator MCCAIN vested in Russia. He didn’t spend his values the United States represents pointed out, here is a person whose life as a human rights activist or an internationally. only crime was to bring to the proper outspoken critic of the Russian Gov- We have had a long, proud, bipar- attention of officials public corruption ernment. He was an ordinary man. But tisan, and, most importantly, success- within Russia. As a result of his whis- he became an extraordinary champion ful record of promoting basic American tleblowing, he was arrested and thrown of justice, fairness, and the rule of law values such as democratic governance in jail and died in jail. He was tortured. in Russia where those principles, and the rule of law around the world. That cannot be allowed, to just say, frankly, have lost meaning. Engaging the countries of the Eastern Oh, that is terrible. We know the peo- What Sergei Magnitsky did was he Bloc in matters such as respect for ple who were responsible. In some cases uncovered a collection of Russian Gov- human rights was critical to winning they have been promoted in their pub- ernment officials and criminals who the cold war. We will never know how lic positions. Well, it is time for us to were associated with the Russian Gov- many lives were improved and even take action. That is why we have intro- ernment officials who colluded to de- saved due to instruments such as the duced this legislation. fraud the Russian state of $230 million. Helsinki Final Act and the Jackson- While this bill goes far beyond the The Russian Government in turn Vanik amendment. These measures de- tragic experiences of Sergei blamed the crime on Heritage Capital fined an era of human rights activism Magnitsky, it does bear his name, so and threw Magnitsky in prison in 2008. that ultimately pried open the Iron let me refresh everyone’s recollection Magnitsky was detained for 11 Curtain and brought down the Wall. with some of the circumstances con- months without trial. Russian officials, Thankfully, the cold war is over and we cerning his death. I mention this be- especially from the Interior Ministry, have a stronger relationship, both at cause some might say, why are we pressured Magnitsky to deny what he the governmental and societal levels, talking about one person? But as the had uncovered—to lie and to recant. He with countries in Eastern Europe. But, Soviet dictator Joseph Stalin said, refused. He was sickened by what his sadly, internationally recognized ‘‘One death is a tragedy; one million is government had done and he refused to rights and freedoms continue to be a statistic.’’ I rarely agree with Dic- surrender principle to brute power. trampled and, in many cases, with ab- tator Stalin, but we have to put a As a result, he was transferred to in- solute impunity. human face on the issue. People have creasingly more severe and more hor- With the possibility of Russia’s ac- to understand that these are real peo- rific prison conditions. He was forced cession to the World Trade Organiza- ple and real lives that have been ruined to eat unclean food and water. He was tion, and the Presidents of the United forever as a result of the abuses within denied basic medical care as his health States and Russia meeting in France, Russia. worsened. In fact, he was placed in ours is a timely discussion. Sergei was a skilled tax lawyer who even worse conditions until, on Novem- Last week, I joined my distinguished was well known in Moscow among ber 16, 2009, having served 358 days in colleague, the Senator from Arizona, many Western companies, large and prison, Sergei Magnitsky died. He was and 14 other Senators from both par- small. In fact, he even did some ac- 37 years old. ties to introduce the Sergei Magnitsky counting for the National Conference Sergei Magnitsky’s torture and mur- Rule of Law Accountability Act—a on Soviet Jewry. Working at the Amer- der—let’s call it what it really was—is broad bill to address what the re- ican law firm of Firestone Duncan, an extreme example of a problem that spected watchdog Transparency Inter- Sergei uncovered the largest known is unfortunately all too common and national dubbed a ‘‘systematically cor- tax fraud in modern Russian history widespread in Russia today: the fla- rupted country’’ and to create con- and blew the whistle on the swindling grant violations of the rule of law and sequences for those who are currently of his fellow citizens by corrupt offi- basic human rights committed by the getting away with murder. cials. For that he was promptly ar- Russian Government itself, along with Actions always speak louder than rested by the subordinates of those he its allies. words. The diplomatic manner of deal- implicated in the crime. He was held I note the presence of my colleague ing with human rights abuses has fre- under torturous conditions in deten- and lead sponsor of this important leg- quently been to condemn the abusers, tion for nearly a year without trial or

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3379 visits from family. He developed severe sinki Commission. She was a coura- arresting people who are just speaking medical complications which went de- geous human rights defender who was their minds, doing their business le- liberately untreated, and he died on brutally assassinated. gally, putting them in prison, trying November 16, 2009, alone in an isolation So it is time for Russia to take ac- them, and in the Khodorkovsky case cell while prison doctors waited outside tion. But we cannot wait; we need to actually increasing their sentences the his door. Sergei was 37 years old. He take action. more they speak out against the re- left behind a wife, two sons, a depend- Mr. MCCAIN. Will the Senator yield gime. ent mother, and so many friends. for a question? That is how authoritarian they want Shortly after his death, Philip Pan of Mr. CARDIN. I yield back to my col- to be and how oppressive they are to the Washington Post wrote: league. human rights. But I could go further. If Magnitsky’s complaints, made public by Mr. MCCAIN. First, I thank my col- one is a journalist in Russia, and they his attorneys as he composed them, went un- league from Maryland for a very elo- try to do any form of independent jour- answered while he lived. But in a nation quent and, I think, very strong state- nalism, they are in danger of being where millions perished in the Soviet gulag, ment, to which I can add very little. beaten, being imprisoned, being mur- the words of the 37-year-old tax lawyer But isn’t it true, I ask my friend, that dered. It is very intimidating. The list struck a nerve after he died . . . his descrip- this Magnitsky case and the goes on and on. tions of the squalid conditions he endured Khodorkovsky case, which I would like have been splashed on the front pages of Mr. MCCAIN. Could I ask my col- newspapers and discussed on radio and tele- for us to talk a little bit more about, league, what implications, if any, does vision across the country, part of an outcry are not isolated incidents? the Senator from Maryland believe this even his supporters never expected. In other words, this is the face of the should have on the Russian entry into I think Senator MCCAIN and I would problem in Russia today. As the Sen- the World Trade Organization? agree, there is a thirst for democracy ator mentioned, in its annual index of Mr. CARDIN. Well, it is very inter- around the world. People in Russia perceptions of corruption, Trans- esting, I say to Senator MCCAIN. I just want more. They want freedom. They parency International ranked Russia came from a Senate Finance Com- want accountability. They want honest 154th out of 178 countries—perceived as mittee hearing, and we were talking government officials. They are out- more corrupt than Pakistan, Yemen, about a free-trade agreement. I am for raged by what happened to Sergei and Zimbabwe. The World Bank con- free-trade agreements. I think it Magnitsky. siders 122 countries to be better places makes sense. It is funny, when a coun- I would point out just last week I to do business than Russia. One of try wants to do trade with the United met with a leader of the Russian busi- those countries is Georgia, which the States, they all of a sudden understand ness community who came here and World Bank ranks as the 12th best they have to look at their human traveled at some risk, I might say. country to do business. rights issues. Just visiting me was a risk. We have In other words, isn’t it true in the I think all of us would like to see people from Russia who are being ques- Magnitsky case, it is what has been Russia part of the international trade tioned because they come and talk to taking place all across Russia, includ- community. I would like to see Russia, us. But he said to me that what hap- ing this incredible story of which is already a member of a lot of pened here needs to be answered by the Khodorkovsky, who was one of the international organizations, live up to Russian authorities. He understands wealthiest men in Russia, one of the the commitments they have made in why we are introducing this legisla- wealthiest oligarchs who rebelled joining these international organization. against this corruption because he saw tions. A year after his death, and with no the long-term consequences of this But it is clear to me that Russia one held accountable, and some of kind of corruption and was brought to needs to reform. If we are going to have those implicated even promoted and trial, convicted, and then, when his business leaders traveling to Russia in decorated, The Economist noted: sentence was completed, they charged order to do business, I want to make At the time, few people outside the small him again? sure they are safe in Russia. I want to world of Russian investors and a few human- Talk about a corrupt system, isn’t it make sure they are going to get the rights activists had heard of Mr. Magnitsky. true that Vladimir Putin said he protection of the rule of law in Russia. A year later, his death has become a symbol should ‘‘sit in jail,’’ and we now know I want to make sure there are basic of the mind-boggling corruption and injus- that the whole trial was rigged, as re- rights that the businesspeople in Rus- tice perpetrated by the Russian system, and vealed by people who were part of the sia and the United States can depend the inability of the Kremlin to change it. whole trial? In other words, isn’t it upon. Regrettably, we know Sergei’s case, true, I would ask my friend from Mary- So, yes, I understand that Russia egregious as it is, is not isolated. land, that what we are talking about is would like to get into the WTO. We Human rights abuses continue one human tragedy, but it is a tragedy have, of course, the Jackson-Vanik unpunished and often unknown across that is unfolding throughout Russia amendment that still applies. I under- Russia today. that we do not really have any knowl- stand the origin of that law, and I un- To make this point more clear, let’s edge of? And if we allow this kind of derstand what needs to change in order look at another example far outside abuse to go on unresponded to, then, for Russia to be able to join the World the financial districts of Moscow and obviously, we are abrogating our re- Trade Organization. St. Petersburg in the North Caucasus sponsibilities to the world; isn’t that But I will tell you this: The best in southern Russia where Chechen true? thing that Russia can do in order to be leader, Ramzan Kadyrov, condones and Mr. CARDIN. I say to Senator able to enter the international trade oversees massive violations of human MCCAIN, you are absolutely right. This regime is to clean up its abuses in its rights, including violations of religious is not isolated. Magnitsky is not an own country, to make clear it respects freedom and the rights of women. His isolated case of a lawyer doing his job the rule of law; that businesspeople militia also violates international hu- on behalf of a client and being abused will be protected under the rule of law manitarian laws. As of this April, the by the authorities. We have a lot of ex- and certainly not imprisoned and tor- European Court of Human Rights has amples of lawyers trying to do their tured, as in the cases of Mr. ruled against Russia in 186 cases con- jobs and being intimidated and their Khodorkovsky and Mr. Magnitsky. We cerning Chechnya, most involving ci- rights violated. do not want to see that type of con- vilians. But in Mr. Khodorkovsy’s case, we duct. So Sergei Magnitsky’s case is not an have a business leader who was treated If Russia would do that, if they would isolated case of abuse by the Russian the same way just because he was a reform their systems, then I think we authorities. There has been a system- successful business leader. Even worse, would be a long way toward that type atic effort made to deny people their he happened to be an opponent of the of integration and trade. basic human rights, including one indi- powers in the Kremlin. Mr. MCCAIN. I thank my colleague vidual, Natalia Estemirova, who per- So we are now seeing, in Russia, from Maryland for an eloquent state- sonally visited my office at the Hel- where they want to quell opposition by ment about the situation as regards

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I think people understand it. care programs but our health care cases, have lost almost all hope be- They understand the basic human as- costs across the board that are borne cause of the corruption of the judicial pect to this. But sometimes they ask: by private insurers as well as private system, as well as other aspects of the Well, why should America be con- programs. Russian nation. cerned? Do we have a legitimate right In fact, ironically, it seems to me We all know that no democracy can to question this? Russia signed the doc- that one of the major accelerators of function without the rule of law; and if ument that acknowledges our right to the Medicare Program is the fact that there are ever two examples of the cor- challenge this and raise these issues. so many Americans—about 40 million— ruption of the rule of law, it is the I thank my colleague for yielding. do not have access to consistent qual- tragedy of Sergei Magnitsky and, of Mr. MCCAIN. I thank my colleague ity health care now. Yet, when they course, Mr. Khodorkovsky, who still from Maryland, and I hope we would turn 65, by right they have access to a languishes in prison; who, in his words, get, very rapidly, another 98 cospon- panoply of services. I have had discus- believes he—by the extension of his sors. sions with doctors, and they will tell I suggest the absence of a quorum. me that they say several times a day prison sentence—may have been given The PRESIDING OFFICER. The to their new Medicare patients: I wish a death sentence. clerk will call the roll. So I thank my colleague from Mary- The legislative clerk proceeded to I saw you 10 years ago because I would land. call the roll. not have to apply the expensive diag- Mr. CARDIN. Will my colleague yield Mr. REED. Madam President, I ask nostic and treatment. I could have for just one final comment? unanimous consent that the order for done something much easier, much less I think the Senator is right on target the quorum call be rescinded. costly if you had coverage and access. as to what he has said. I appreciate the The PRESIDING OFFICER. Without So that is one of the long-term ef- Senator bringing this to the attention objection, it is so ordered. forts we have underway, but we have to of our colleagues in the Senate. THE BUDGET do a lot more to go ahead and deal with I will respond to one other point be- Mr. REED. Madam President, we the issues before us. cause I am sure my colleague heard have been engaged in a very important We have seen Republican budget pro- this. Some Russian officials say: Why debate on our budget over the last few posals, but frankly I do not think they are we concerned with the internal af- days, and this debate will continue strengthen the middle class here in the fairs of another country? I just want to over the next several weeks, indeed, for United States, nor do they provide the remind these Russian officials, I want probably several months. It is not a kind of sensible investment that will to remind my colleagues here, that new debate. Like past debates, at the lead to job creation and provide the op- Russia has signed on to the Helsinki heart of it are important programs to portunities that are necessary for suc- Final Act. They did that in 1975, and middle-income Americans, such as ceeding generations in America. I they have agreed to the consensus doc- Medicare, Medicaid, and Social Secu- think they are more dedicated to an ument that was issued in Moscow in rity. In some quarters, they are under ideological commitment to simply re- 1991 and reaffirmed just last year with attack. This does not have to be the duce taxes, and that is something that the heads of state meeting in Astana, case. has to be tested and should be tested in Kazakhstan, just this past December. I In the 1990s, Democratic majorities the history of the last several years. am going to quote from that document: in the House and the Senate, with a That was the same argument that was The participating States— Democratic President, were able to made in 2001, that such tax cuts would Which Russia is a participating deal with this issue of deficits while generate huge growth in private em- state— preserving these programs and ployment, unleash huge economic forces here in the United States, and emphasize that issues relating to human strengthening, indeed, in many cases, rights, fundamental freedoms, democracy these programs. We were able to also frankly, over the last 10 years, that has and the rule of law are of international con- provide the kind of economic growth not been the case. cern, as respect for these rights and freedoms that generated job creation, not just So I think we have to be sensible. I constitutes one of the foundations of inter- increased GDP or increased profits on think we have to address the tax re- national order. They categorically and irrev- Wall Street, but jobs on Main Street. forms and tax reductions to middle-in- ocably declared that the commitments un- Much of these efforts were, frankly, come Americans, not continue to favor dertaken in the field of the human dimension undone, beginning in 2000 with tax cuts the richest Americans, when it comes are matters of direct and legitimate concern that did not, as advertised, produce the to tax proposals. So much of what the to all participating States— kind of private employment growth Republican budget seems to do is con- The United States is a participating that was necessary for our economy, tinue what they started in 2001—huge state— that shifted the burden to middle-in- relief for the wealthiest Americans. and do not belong exclusively to the internal come taxpayers, while giving the But it is increasingly putting the bur- affairs of the State concerned. wealthiest Americans extraordinary re- den on Middle America. In fact, it has Mr. MCCAIN. That was a statement lief and unfunded entitlement pro- been estimated that under the Repub- by the Government of Russia? grams, such as Medicare Part D and lican budget, individuals making over Mr. CARDIN. That was a statement two major conflicts, none of which $1 million would receive an average tax made by the 56 states of the OSCE at a were paid for. cut of $125,000 a year. That is a huge meeting of the Heads of State, which So now we, once again, face a situa- cut relative to whatever a working, happens about every 10 years. It just tion where we have a significant def- middle-income American might re- happened to have happened last year. icit, and we need to address it. Presi- ceive. Russia participated in drafting this dent Obama has begun that process One of the other aspects of this budg- statement. Russia was there, signed on with the same commitment to main- et is the impact it would have on Medi- to it, and said: We agree on this. It is taining Medicare, Medicaid, and Social care. Medicare is central to every fam- a reaffirmation as to what they agreed Security, not without reforms and ily in the country. In fact, look around to in 1991 in Moscow where we ac- strengthening, but making sure that at not just someone who is earning a knowledged that it is of international middle-income Americans and all wage hour by hour, but look at the interest, and we have an obligation and Americans can have access to these small businessperson, a man or a right to question when a member state vital programs. woman. Their retirement plan rests on violates those basic human dimension We have taken significant steps in the assumption that they will have ac- commitments. Russia clearly has done the long run to reform our health care cess to Medicare. The Republican’s pro- that. We have not only the right but system with the Affordable Care Act. posal, as I understand it, essentially

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3381 ends that for individuals who are about care, the senior would be on the hook who are on Medicaid, principally be- 55 years old or younger. Well, in the for an additional $12,500 in health care cause of nursing home care. And we next 10-plus years or so, they are going costs. In fact, it would likely result in have to ask ourselves, if these plans to to have to come up with a lot of money some seniors not even getting health provide block grants to States are en- to pay for the Medicare they assumed care insurance at all, not being able to acted under the Republican proposal, they would receive automatically when afford it or at some point, particularly whether those seniors still can main- they retire at 65. That is not just the as they aged, getting to the point tain themselves in these nursing facili- wage earner, the hourly worker who where no one would write them health ties, whether the costs will be so great goes in there; that is the small busi- care insurance because of the obvious on the States that they will be unable nessperson whose postretirement plan health risks they were. to keep up the level of effort, the level rests fundamentally on Medicare and So this is a plan that I don’t think of support they are today. them being able to buy a supplemental comports with the reality of Americans What seems to be inherent in all of health care plan to that. who have already planned to have ac- those proposals is not savings but So these are fundamental and, in cess to Medicare and also the reality shifting costs, not reforming the sys- fact, earth-shattering proposals, in my that what is proposed—an $8,000 trans- tem to be more efficient and more ef- view. fer payment to an insurance com- fective but simply shifting the cost Currently, seniors on traditional pany—would be inadequate to provide onto seniors, shifting the cost onto Medicare pay approximately $1,700 in the kind of minimum coverage we particularly middle-income Americans. annual premiums. They are charged a should be providing to our seniors. So, I am pleased that we did not ac- limited amount for every hospital stay, We have had examples before where cept these Republican budget pro- have a reasonable deductible for every particular Republicans would propose posals, which are the wrong way to ad- major procedure and treatment, and that they had a new, novel way to pro- dress our budget issues. pay copays for services and prescrip- vide private health care insurance in I yield the floor. tion drugs. They are even able to buy, lieu of traditional Medicare. When The PRESIDING OFFICER (Mr. as I alluded to, these Medigap plans so Medicare Advantage was established in COONS). The Senator from Indiana. they can supplement what Medicare 2003, seniors had the option of enrolling Mr. COATS. Mr. President, I wish to provides with additional resources, and in private health insurance plans that thank the Senator from North Dakota these supplemental plans are very af- were argued by their advocates as for allowing me to go first. I will be fordable. On average, Medicare then being cost-effective, as putting pres- relatively brief. spends $11,762 on every senior, and that sure on the public health care plan I have spoken on the floor on a num- is just an average. known as Medicaid. Madam President, ber of occasions regarding my frustra- But this would all change, and it 60,000 seniors in my State of Rhode Is- tion about the Senate not spending would inject a huge amount of uncer- land enrolled. Private Medicare Advan- enough time debating what I think is tainty if the budget that is proposed by tage plans sell consumers on additional the key, essential issue and challenge Republicans, that is still being debated benefits and smaller copays. They went facing us, probably greater than any by the Republicans, that is still being out—very selectively, I suspect—re- other challenge facing this body in a supported in many cases by Repub- cruiting seniors in a way that they long time. My frustration only grew licans is in any way enacted. hoped attracted the healthiest seniors, yesterday as we voted down four budg- In the year 2022, under the proposal, not the sickest seniors, to lower their et proposals. if the Republican budget were enacted, costs. However, in reality, most of You know, it has been 757 days since every senior who becomes eligible for these plans tended to cost more than we have passed a budget in this body, what we now call Medicare would be traditional Medicare as the smaller and so far, no budget has been proposed given $8,000 to address all their health copays were largely offset by higher this year out of the Budget Committee care needs and then sent to the mar- monthly premiums. for us to examine. The President of- ketplace to buy health care private in- So there are those who are still seri- fered up a budget earlier this year that surance. ously proposing this Republican ap- would have spent more, taxed more and Now, I guess I have reached a point proach to Medicare. I think it will be a borrowed more. It was voted down last in my life where I can reflect and re- mistake. I think it would reduce access night in what I think probably was a member that as a youngster in the to health care coverage for seniors. I do historic vote. I did not go back and 1950s, there was, in practically every not think the private market will jump check the records, but I am not aware one of my friends’ homes, a grand- up with $8,000. I do not think you will of any budget that has ever been pre- parent who was there because they see that Congresses in the future will sented by the executive branch to the didn’t have access to Medicare or Med- escalate the cost of these vouchers or Congress for approval that has not re- icaid. transfers to private insurance compa- ceived at least some votes. They were in a hospital bed in the nies in any way that would be commen- The vote last evening was 97 to 0 living room or in some other room. surate to the real cost seniors would against the President’s budget. It is al- They were being cared for by typically face. most unthinkable that a President— the mother, who was also trying to As a result, I think this proposal will the executive branch—would send a care for youngsters such as myself and do serious harm to health care and par- budget to the floor to be debated and my contemporaries. The reason was, ticularly to the middle-income Amer- voted upon and not achieve one vote. I regardless of how much money you ican who, regardless of whether they think what it tells us is that, obvi- have, at some point, insurance compa- are running a small business or work- ously, that budget was not designed to nies will not sell you insurance. You ing for an hourly wage, will now face gain any kind of bipartisan support. are old. You had health experiences the prospect of the great uncertainty, But it didn’t even obtain any partisan prior to that. You are a bad risk, and the great unknown of no adequate support. they are not in the business of insuring health care coverage when they reach It was not taken seriously, at a time bad risks. That was, as much as any- 65. We will go back in time to the pe- when we need to have in front of us a thing, the genesis of Medicare—the rec- riod of my youth where, quite frankly, serious budget to debate and vote on. ognition that the private health care seniors did not have the kind of health As I said, there have been 757 days market would not, regardless of the care coverage they have today and I be- without a budget before us. You cannot ability to pay, provide adequate cov- lieve the kind of health care coverage run a company, a family, or run any- erage. And I think we have forgotten they deserve. thing, unless you prepare a budget and that. With respect to Medicaid, there are avoid going into debt. That is where we When the Congressional Budget Of- also proposals here and the thought are today. fice, a nonpartisan organization, that Medicaid is just a program for Republicans did come forward with looked at the proposal, they essentially children and poor Americans. But, three proposals. Unfortunately, all of concluded that with this $8,000 transfer frankly, if you look at the statistics, those were voted down. You can argue to a senior in lieu of traditional Medi- there are 26,000 seniors in my State that none of those three were sufficient

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It A few weeks ago, the Medicare trust- budget, which we voted on yesterday, simply points out the dramatic growth ees announced that the hospital trust but unfortunately fell short, these are that has occurred and will continue to fund would be exhausted by 2024—5 the only proposals we have had in front occur over the years in the future. It years earlier than estimated in last of us to debate. These are the only pro- doesn’t take a mathematician—al- year’s report. Who knows what next posals we have had to vote on and set though the math is pretty simple— year’s report is going to tell us. the structure for how we are going to when you spend $3.7 trillion a year and The bottom line is this program is spend the taxpayers’ money. take in $2.2 trillion, that leaves you going to go broke. Failing to restruc- So here we are now approaching the with a big deficit. But it doesn’t take a ture Medicare jeopardizes the medical month of June, 5 months into the cur- mathematician or anybody with any benefits of present and future elderly rent calendar year, and 9 months into sophistication in economics to under- Americans. So rather than terminating the fiscal year, and we still don’t have stand that if we stay on the current Medicare, as has been charged but is a handle on how we are going to spend path, we are going to continue to see not true, rather than destroying Medi- the taxpayers’ money, what restric- this line escalate. This red on here is care, which has been charged but is not tions and restraints we will put on red ink. It is net interest we will owe. true, what we are trying to do is find a that, and how we can live within our What does that mean? It means that to way to restructure it in a way that means. continue borrowing in order to finance Medicare will be viable and solvent so This is the debate this Congress what we are doing, we are going to benefits will be available for future re- should undertake, and it has not been have to pay larger and larger rates of tirees. undertaken. Many of us have come to interest to the lenders because of the When Medicare was first enacted in the floor in situations such as this risks associated with our potential in- 1967, the program cost $2.5 billion. At where we have asked for some time to ability to pay back the loans we have that time, Congress predicted that the speak, but the issue itself has not been taken. program would cost $12 billion by 1990. put before us. We know there are nego- This flow of red ink, this red tide—if That wasn’t the case. We underesti- tiations going on relative to how to put we don’t address this, it is going to mated it just a bit—by $86 billion, a plan into place, but we are a long make it difficult for Americans to buy which is more than just a bit. When it way from that. cars, pay their mortgages, purchase starts at $2.5 billion, and you project it I am here once again to try to urge homes, and buy groceries. The prices of will be $12 billion, and you ended up my colleagues to work together and products will go higher because the in- being off on that estimate by $86 bil- try to achieve a result—or at least a terest rates will go higher. We are run- lion, you have to start asking yourself product on which we can have serious ning ourselves into a desperate situa- some questions. You have to start debate to determine the future of how tion. I think everyone understands thinking that maybe we got this for- we are going to spend the taxpayers’ that. I think it has been made clear to mula wrong, or maybe our assumptions dollars in a responsible way. The most the American people. didn’t turn out as we thought they important factor we have to address is We don’t have to spin this whole mes- were going to on the cost of Medicare. the need, in my opinion, to rein in sage here in order to convince the Today, Medicare is roughly $494 bil- Washington’s excessive spending. The American people we don’t have a prob- lion, with approximately $89.3 trillion bottom line is that government spend- lem. We do, and they understand that. in total unfunded liabilities. These are ing is out of control. The public under- That is what 2010 was all about. We staggering numbers. They are numbers stands this. I think the response in 2010 cannot continue to go forward in 2011 beyond our ability to comprehend. to those of us who were running in all without providing any basis of a real These numbers are beyond our ability the elections sent an unmistakable, solution to assure the financial world to sustain. long, loud, easily understood signal: We and the people that we are taking steps There is no possible way on Earth, no have too much government, we cannot in order to address this. matter how fast or how hard we grow, afford the government we have, and we I think there is a consensus—and if that we can reach solvency in the cannot continue to add even more gov- anybody doesn’t understand this, they Medicare Program without any action. ernment, which pushes us deeper into haven’t looked at the problem—that we Why? Because after World War II, sol- debt. could tax Americans to death, we can diers came home, and people had de- Nearly $1.4 trillion of our spending is cut discretionary spending by massive ferred having families, and the so- discretionary spending that requires us amounts, and we won’t begin to address called baby boom generation was born. to borrow money. That borrowed the problem we have, unless we address It has moved through our entire his- money increases our debt obligation re- the massive amount of spending on tory, over the last 60 years or so, like inforcing the need to rein in our spend- mandatory programs. We don’t have a pig moves through a python. Early ing. This is something we should de- control over mandatory programs in on, there was a rush to provide housing bate, something that is part of the re- terms of budgeting; they are simply for soldiers and their families. There sponsibility of the Congress and Sen- there, and if you are eligible, you get was a massive infusion of money into ate. When we are talking about ad- to draw from the program. All of that baby cribs and the need for hospitals dressing a national debt of over $14 is fine, if you have money to do it. But and doctors and nurses to deliver chil- trillion, we need to get serious. A little we are running out of money to pay dren. nick here, a little nick there in spend- those recipients who are continuing to A few years later, all of a sudden, we ing reductions will not solve the prob- receive benefits from these entitlement had to build a massive number of new lem. We need to look at the larger pic- programs. Unless we address those, we elementary schools. As this baby boom ture. We are staring down $14.3 trillion are not going to solve the problem. has moved through their lifespan, we in debt. Credit ratings by Standard & Let’s take a couple of these, and let’s have seen dramatic impacts on the Poor’s have downgraded the outlook look at Medicare. Everybody says this economy—many of them positive. But for the U.S. debt, with a negative warn- is a political nonstarter. If you dare the colleges that had to be expanded ing. Economic growth is sputtering talk about it, you are going to get and built, and universities and training across the country. Unemployment re- zinged in the next election, and you facilities, and the education that had mains high, and States are dipping will be characterized as taking away to be provided, the employment that deeper into the red, zeroing in on bil- benefits from the elderly, when the needed to be provided—all of this has lions—which is a lot of money, but it is plans that have been put forward don’t had a dramatic impact on our econ- only a minuscule amount compared to do anything of the sort. Nevertheless, omy. We have known for decades that the trillions we are saddled with in it is important to understand the di- eventually the pig moving through the debt that we ought to be addressing. It mensions of the problem we are facing python was going to reach the point of

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3383 retirement, and when it reached the compensation for services conducted discretionary spending, or that portion point of retirement, it was going to on one-third of their patients, it has a of the budget which we have control have an enormous impact on our fi- devastating impact on their businesses. of—and continue ignoring the entitle- nances. If we don’t reform Medicare, we lose ment programs or we can make a com- Instead of anticipating this coming Medicare. Let me repeat that. If we mitment and have the political will to and putting into place structural plans don’t take steps to reform Medicare, fulfill that commitment by saving that would accommodate the needs, le- we lose Medicare. If we don’t restruc- those programs through some sound re- gitimate needs of those for retirement ture the program, more patients will structuring. This does not mean cur- income and benefits, we have instead lose the care they desperately need. rent recipients of Medicare are going ignored this reality. We have pushed it Mr. President, a very prominent fig- to be knee-capped or have their bene- down the road. Nobody wanted to touch ure—a leader of this country—made fits dropped. This does not mean that it. Election after election, it was said this statement: even those nearing retirement are we better postpone that debate for the Almost all of the long-term deficit and going to face that prospect. What it next election because it is too hot to debt that we face relates to the exploding does mean is, if we don’t put the struc- deal with now. Well, it is all coming costs of Medicare and Medicaid. Almost all tural reforms in now to address the fu- undone. We are at the point almost of of it. That is the single biggest driver of our ture problems, we are going to lose the no return. Federal debt. And if we don’t get control over that we can’t get control over our Fed- whole program. The gravest threat to The proposals that have been put for- eral budget. Medicare is doing nothing. If we do ward—you may not agree with every That defines, in a very basic state- nothing, not only will Medicare col- portion of them, and I don’t. But the ment, exactly the challenge that is be- lapse but so will our fiscal house. House brought to us a budget plan. You In the papers today, a former Presi- fore us. It gives us the warning we need have to give PAUL RYAN a great deal of dent—another Democrat, Bill Clinton— to heed, and it should spur us into ac- credit for the extraordinary amount of has urged his fellow Democrats not to tion. work and effort he put into it. Maybe Let me repeat that statement once ‘‘tippy-toe around’’ Medicare. Con- you don’t like all of it, but it is at least again. tinuing that quote, he said the pro- a plan to debate, modify, and adjust; it Almost all of the long-term deficit and gram ‘‘is part of a whole health-care is something that gives us an oppor- debt that we face relates to the exploding system that has a toxic effect on infla- tunity to start down the path of paying costs of Medicare and Medicaid. Almost all tion.’’ He went on to say, ‘‘We’ve got to off our debt, of maintaining solvency of it. That is the single biggest driver of our deal with these things.’’ for the Medicare Program. Federal debt. And if we don’t get control Mr. President, I am here not to criti- That is what we ought to be debating over that we can’t get control of our Federal cize the Democrats for putting us in instead of saying we are into another budget. this situation. I think we all bear some cycle of ‘‘gotcha,’’ and you have That statement was made by Presi- responsibility. The country does not touched the third rail. You made the dent Barack Obama. It was not made want us to point fingers at each other, decision to put Medicare in play and go by a Republican. It was not made by an and they do not want us to use this as to the public and tell them we are editorial piece in the Wall Street Jour- a political advantage for the 2012 elec- going to take away their health care nal. It was not made by a tea party tion. They want us to do the right benefits when they retire. The opposite leader or advocate. It was made by our thing, which they all know needs to be is true. We are trying to save that for current President. Our President has done, and I believe they will reward us those who are retiring. We are trying said we cannot sustain what we are and recognize us for at least having the to look at ways to restructure the pro- doing, and we have to address it or it is courage to step forward and address a gram so it doesn’t break Medicare, or going to take down our whole budget. real problem that I think everyone now break our entire economy. I think that is true—it has been understands and recognizes. Today, the average man is living into backed up by analysts who have looked So whether it is the Paul Ryan plan his 70s, and an average woman into her at this whole situation, left, right, non- coming out of the House, whether it is 80s, or even 90s. As a result, more elder- political, political, whatever. Why then a Democratic budget plan coming out ly Americans are on Medicare than are we not going forward with address- of the Budget Committee, whether it is originally anticipated. The Federal ing this very question? That is what some other plan coming out between Government can no longer continue people sent us here to do in 2010. That the negotiations that are going on—or with business as usual. It is time for is what they are asking us to do now. should go on—between the executive some honesty for the American people. Yet we are acting as if this statement branch and the congressional branch, Washington is promising to deliver by the President of the United States this is something we have to do. We benefits it can’t afford. We can no has nothing to do with what we need to have simply got to put aside our par- longer nickel and dime doctors and do, that we can simply ignore this and tisanship and concerns and worry hospitals and force them to pay for the go forward and just cut a little here about the 2012 elections and rise above care Washington promised elderly and cut a little there but we can’t politics. We did that in 1983 when we Americans. More and more doctors are touch the entitlements—we can’t touch restructured Social Security. We had a forced to turn away Medicare patients. Medicare. Republican President, a Democratic The American Medical Association re- The papers are full today with head- House leader, and members of the vealed that 17 percent of the more than lines saying that the results of the New Democratic congressional committee 9,000 doctors surveyed are forced to York special congressional race was be- and Senate committee—the political limit the number of Medicare patients cause the people have been scared— people—all stood together and said: they accept. And among primary care well, they didn’t say ‘‘scared,’’ but that This rises above the election. It is too physicians, this rate is 31 percent. it was people saying ‘‘don’t cut our important not to address it. Why? Because we don’t have the money Medicare.’’ What it should have said is, We can just take this one issue and to reimburse them for the cost it takes those people who are saying ‘‘don’t cut say: Let’s take this out of politics. to provide that care. our Medicare’’ are basically saying Let’s stand together as Republicans The American Osteopathic Associa- ‘‘keep mine going until this thing runs and Democrats, along with the Presi- tion said 15 percent of its members re- out. I am afraid I might live too long, dent, and do what is right for the coun- fused Medicare and 19 percent declined and then I won’t have benefits at the try. to accept new Medicare patients. Phy- end.’’ But for sure our kids won’t have The bottom line is that no matter sicians and hospitals in my home State it, for sure our grandchildren won’t what we do here, if the President of Indiana are feeling the pain from the have it because at its current rate, as doesn’t support us in this effort, it will Congress’s inaction as well. Hospitals the President of the United States has not succeed. He has the veto pen, and such as Deaconess Clinic in Evansville, acknowledged, it is unsustainable. he has the ability to lead or not lead. IN, say one-third of their patients are So we have two options here. We can So I guess, as I have before, I am call- on Medicare. When hospitals and doc- continue with the status quo—we can ing on the President and saying this tors are not receiving the necessary quibble over how much to cut from our important issue can only be successful

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So I appre- to grow. he just made because, in larger terms, ciate the thoughtful remarks of the All of this has to be coupled with pro- it says what has to be said. We all have Senator from Indiana. growth policies. We can’t cut our way to be truth-tellers. However uncom- Let me make a brief review in re- out of all this. We can help restructure, fortable the truth is, we have to be sponse to some of what I have heard we can help make cuts where nec- truth-tellers. I believe the truth is that this morning because I have heard essary, and we can help our economy when the revenue is the lowest it has some things with which I strenuously grow by putting policies in place that been in 60 years as a share of GDP and disagree that I believe require a re- will stimulate the economy. That com- spending is the highest it has been in 60 sponse. We all agree we are on an bination, put together in a package, is years as a share of GDP, we have to unsustainable path. We are borrowing what we need to support. And I am hop- work both sides of the equation. We are 40 cents of every dollar. That cannot be ing we will put politics aside for this going to have to cut spending, and I be- continued. one issue that is so important to the lieve we are going to have to raise rev- As I indicated earlier, this is a 60- future of our country. enue. year look at the spending and revenue None of it is very popular. If you ask Mr. President, I have probably said of the United States. We can see the the American people, they will say to more than I needed to say at this par- spending line is the red line; the green you: Well, yes, get the deficit and debt ticular point in time. I appreciate the line is the revenue line. The spending under control, but don’t touch Social opportunity and again thank the Sen- of the United States as a share of na- Security, don’t touch Medicare, and ator from North Dakota for agreeing to tional income is the highest it has been don’t touch defense. And by the way, let me go forward here. As chairman of in 60 years. The revenue is the lowest it just those three are about 80 percent of the Budget Committee, I know he is has been in 60 years. Federal spending if you add up all the fully cognizant and aware of these Some of our colleagues say it is just mandatory programs and add up de- issues and is working to try to address a spending problem. Factually, I reject fense. That is about 80 percent of Fed- them also. I hope we can work together that. The facts show it is not just a eral spending. And if you ask the to find a solution to this very urgent spending problem—although it is clear American people, they say: Don’t touch problem. any of them. On the revenue side, they we do have a spending problem. When With that, I yield the floor. spending is the highest it has been in 60 The PRESIDING OFFICER. The Sen- say: Don’t touch that. Well, do you know what is left? Twenty percent of years, clearly we have a spending prob- ator from North Dakota. lem. But as this chart reveals, revenue Mr. CONRAD. Mr. President, I want Federal spending. If you start asking them questions is the lowest it has been in 60 years. So, to thank the Senator from Indiana for about the elements of that 20 percent, clearly, we have a revenue problem as his thoughtful presentation. There are they reject every one except one—for- well. parts of it with which I disagree, but eign aid. They say: Yes, cut foreign aid. Yesterday we voted on the package the overall theme of what he has said A majority supports that. The problem that came from the House of Rep- is undeniably true. is that is only 1 percent of the budget. resentatives. The package that came I believe our country is in deep trou- Here we are borrowing 40 cents of every from the House Budget Committee was ble. At the end of this year, we will dollar we spend, and even if we elimi- passed by the House of Representa- have a debt that is 100 percent of the nate all foreign aid, it does not make a tives. Even though that package was gross domestic product of the United material difference. defeated overwhelmingly and on a bi- States. We have had two of the leading The other thing the American people partisan basis here yesterday, again economists in this country tell us, support by a majority—the only other this morning we had colleagues come after a review of 200 years of economic thing—is taxing the wealthy. Let me and talk about what a great package it history, that when a country reaches a just say that I believe the wealthy are was. I do not believe it was a great gross debt of more than 90 percent of going to have to pay somewhat more. package. I think it was a terrible pack- its GDP, its future economic prospects But that won’t solve our problem be- age, and here is why—and now I am are diminished. And that is where we cause to solve the problem, you would quoting former economic adviser to are. So I agree with the Senator from have to have a top rate of 70 to 80 per- President Reagan, one of President Indiana that this is the time. We must cent on corporations and individuals. Reagan’s economic advisers, Mr. Bart- find a way to come together to craft a What would that do to the competitive lett. He said, about the House Repub- plan that deals with this debt threat. position of the United States? lican plan, the following: Five years ago, the ranking Repub- So I believe we all are going to have Distributionally, the Ryan plan is a mon- lican on the Budget Committee, Sen- to be truth-tellers, and before we are strosity. The rich would receive huge tax ator Gregg, and I came up with the done, we are going to have to find a cuts while the social safety net would be concept of a commission. That effort way to come together. I was part of shredded to pay for them. Even as an open- led to the commission that was in that effort on the commission. I was ing bid to begin budget negotiations with the place last year, and it came up with a part of that effort in this group of six, Democrats, the Ryan plan cannot be taken recommendation to reduce the debt $4 which is now a group of five because seriously. It is less of a wish list than a fairytale utterly disconnected from the real trillion over the next 10 years, and 11 of one of our members left. And there is 18 commissioners supported it. Senator world, backed up by make-believe numbers this other effort under way that is a and unreasonable assumptions. Ryan’s plan Gregg and I both supported it. We had leadership effort with the White House isn’t even an act of courage; it’s just pan- five Democrats, five Republicans, and being involved. At the end of the day, dering to the tea party. A real act of courage one Independent. That is the only bi- the White House has to be at the table. would have been for him to admit, as all seri- partisan plan that has emerged from What Senator Gregg and I had rec- ous budget analysts know, that revenues will anywhere. But we needed 14 of 18 to ommended was that the Secretary of have to rise well above 19 percent of GDP to agree for it to come to a vote in Con- the Treasury be the chairman of the stabilize the debt. gress. commission and the head of OMB be This is a former economic adviser to There were many parts of that plan I one of the 18 members. That wasn’t President Reagan commenting on the didn’t like. I would have gone further adopted by the Congress. We got 53 House Republican plan that we rejected than that plan. I proposed to the com- votes in the Senate for our proposal, on a bipartisan basis here yesterday. mission that we have a $6 trillion plan but 53 votes doesn’t pass things around Why does he say it is a monstrosity? of debt reduction because we could bal- here. You have to have 60. You have to He says it because even though revenue ance the budget in 10 years with that have a supermajority. So here we are. is the lowest it has been in 60 years,

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At the same time it says: You This year I have repeatedly called for over the last decade. know, because we have the lowest rev- a summit to deal with our debt, to get In fact, the plan that came from the enue in 60 years, and because we are a plan in place to cut spending, and, Republican House would have given going to give even more tax pref- yes, to raise revenue—hopefully with- those who have over $1 million of in- erences, more tax credits, more tax out raising taxes but by eliminating come a year on average a tax cut of schemes to the wealthiest among us, tax expenditures, tax loopholes, this over $192,000. For those who are as for- we are not going to be able to keep kind of scam we have just talked about tunate as to earn over $10 million a Medicare. of offshore tax havens and abusive tax year, the plan they sent over here I have heard colleagues say that shelters. That bipartisan leadership ef- would have given them on average a these Draconian cuts to Medicare that fort that is underway deserves a chance tax cut of $1,450,000. That is a fact. are in the House plan are a way of sav- to succeed. If they reach a conclusion, That is just a fact. ing Medicare. You don’t save Medicare they may need a budget resolution. Does that make any sense at all by destroying it. That is what the They may need us to have a markup in when the revenue of this country is the House plan does, make no mistake. It the Budget Committee to implement lowest it has been in 60 years, that the ends Medicare as we know it. Why do I their plan. first thing you do is dig the hole deep- say that? Let me just show you what it Some do not want to wait, they do er, give another $1 trillion of tax cuts does. not want a bipartisan agreement. But going to the wealthiest among us? It Right now, under traditional Medi- we simply must have a bipartisan makes no sense. care, the individual pays 25 percent of agreement if there is to be any chance It did not end there because the plan their health care costs. That is how it for success. from the House also would permit a works today. You pay about 25 percent. The House is controlled by the Re- scam that is occurring to continue. A senior citizen eligible for Medicare publicans. The Senate is controlled by The scam I am referring to relates to pays about 25 percent of their costs. the Democrats. There is a Democrat in this little building down in the Cayman the White House. The only possible Islands, Ugland House. This little five- Under the House Republican budget plan that they passed and sent to the way that a plan is actually passed into story building down in the Cayman Is- law and implemented is if we work to- lands claims to be the home of 18,857 Senate that we defeated yesterday by a bipartisan vote, they would increase gether. I did it for all last year on the companies. Really, 18,000 companies President’s commission. I have done it are doing business out of this little what the individual pays from 25 percent to 68 percent, and they claim they for months of this year with three five-story building down in the Cayman Democrats, three Republicans, spend- Islands? Please. Mr. President, 18,000 are saving Medicare. It doesn’t look to me like they are saving it. It looks to ing hundreds of hours trying to come companies are not doing business out up with a bipartisan plan to implement of this little five-story building down me like they are completely undoing it. the recommendations of the com- in the Cayman Islands. The only busi- mittee. So I don’t take a back seat to ness that is going on is monkey busi- When we add it all up, what is most striking is that the House Republican anybody with respect to being serious ness, and the monkey business that is about trying to get a plan to get our going on is avoiding the taxes they le- plan, although it gives massive tax cuts to the wealthiest among us, an- debt under control because it is a fun- gitimately owe to the United States. damental threat to the economic secu- You wonder why big companies mak- other $1 trillion of tax cuts, even though it shreds Medicare and com- rity of the United States. ing billions of dollars a year can an- But here is what the Republican lead- nounce they owed no taxes to the pletely undermines Medicaid, which er himself said about the effort that is United States—none? It is because they would mean another 34 million people underway, the bipartisan leadership ef- are operating out of Ugland House do not have health care coverage in fort: down in the Cayman Islands where this country because they completely there are no taxes, and they show their [T]he discussions that can lead to a result undo the coverage for health care between now and August are the talks being profits in their companies down in the passed last year so 34 million people led by Vice President Biden . . . that’s a Cayman Islands. are not going to have health care as a process that could lead to a result, a measur- When I was tax commissioner in my result of their plan—even with all of able result. . . . And in that meeting is the State I found a company that reported that and the other dramatic cuts—by only Democrat who can sign a bill into law; all of their earnings down in the Cay- the way, they cut support for energy in fact, the only American out of 307 million man Islands. They did business all programs to reduce our dependence on of us who can sign a bill into law. He is in across the country, but amazingly foreign energy, they cut that 57 per- those discussions. That will lead to a result. That is why we have not gone to a budget enough none of those companies cent; they cut education almost 20 per- showed any profits in the United markup, because we have the patience to cent—even after all that you would wait for the outcome of these bipartisan States. They showed all their profits in think at least they got the debt under leadership talks. The top Republicans are the Cayman Islands where, happily, control? No. represented in the Senate, the top Repub- there are no taxes. Amazingly enough their plan, accord- licans in the House are represented, as are The Republican budget plan said: ing to their own numbers, would add $8 the Democrats in the Senate and the House, That is fine. Keep doing it. trillion to the debt. Wow. They shred led by the White House. That is not fine. It is not fair. We Medicare, they cut education dramati- The Republican leader said this as know from our own Permanent Com- cally, they cut almost 60 percent of the well about the talks: mittee on Investigations in the Senate funding for energy to reduce our de- We now have the most important Demo- that these offshore tax havens are pro- pendence on foreign energy—they cut crat in America at the table. That’s impor- liferating. Here is a quote from our tant. He is the only one of the 307 million of that 57 percent, and they still add $8 Senate Homeland Security and Govern- us who can actually sign a bill into law. And trillion to the debt. That is a good mental Affairs Permanent Sub- I think that’s a step in the right direction. plan? I don’t think so. I don’t think committee on Investigations: And the Biden group is the group that can that is a plan that can stand much actually reach a decision on a bipartisan Experts have estimated that the total loss scrutiny. basis. And if it reaches a decision, obviously to the Treasury from offshore tax evasion we will be recommending it to our members. alone approaches $100 billion per year, in- We also heard a lot of complaints cluding $40 to $70 billion from individuals from the other side that we have not That is the point. Why would we go and another $30 billion from corporations en- gone to markup on the budget in the to a partisan budget markup and refuse gaging in offshore tax evasion. Abusive tax Senate. That is true. The reason we to wait for the leadership negotiation shelters add tens of billions of dollars more. have not is because something is going that is underway to succeed, when we The Republican plan from the House on in this town that is very unusual. know if they do succeed in all likeli- says: No problem. Keep on doing it. In There are high-level bipartisan talks hood they will need us to do a budget

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The Senator from Oregon. and three Republicans—trying to put ing more changes be made by the Pan- Mr. WYDEN. Mr. President, the Sen- together a plan to implement what the amanian Government. ate is preparing to pass another 4-year commission recommended to get our After President Obama took office, extension of the USA PATRIOT Act. I debt under control. the trade issue was sidelined. Along have served on the Intelligence Com- I have the patience to wait a few with others, I made a case that trade mittee for over a decade and I wish to more weeks to see if the combined agreements needed to be a part of deliver a warning this afternoon. When leadership of this country, Republican America’s economic recovery effort. I the American people find out how their and Democrat, working with the Presi- got an opportunity to make the case government has secretly interpreted dent of the United States, can come up directly to the President in December the PATRIOT Act, they are going to be with a plan to get our debt under con- of 2009. Then in January 2010, the Presi- stunned and they are going to be trol. We should all have that patience. dent said in a message to Congress that angry. They are going to ask Senators: We should all hope they succeed. But he wanted to double exports within the Did you know what this law actually we are not going to be sitting and wait- next 5 years. That is a very worthy permits? Why didn’t you know before ing. While we are hoping for a success- goal. you voted on it? The fact is anyone can ful outcome, this Senator will continue Well, it is pretty hard to double ex- read the plain text of the PATRIOT to work with Republicans and Demo- ports and help employers create jobs Act. Yet many Members of Congress crats to come up with a bipartisan plan while ignoring these trade agreements. have no idea how the law is being se- to meet our debt threat. All of us have Supporters of free trade and the jobs cretly interpreted by the executive that obligation. All of us have that re- supported by trade average about 15 branch because that interpretation is sponsibility. percent above the national average. We classified. It is almost as if there are I thank the Chair and yield the floor. are talking about good jobs, so there two PATRIOT Acts, and many Mem- The PRESIDING OFFICER. The Sen- are reasons to keep the pressure on. bers of Congress have not read the one ator from Iowa. Finally, after many months of wait- that matters. Mr. GRASSLEY. Would the Chair in- ing, the trade ambassador went back to Our constituents, of course, are to- form me when I have spoken for 5 min- work to get the Panamanian Govern- tally in the dark. Members of the pub- utes. ment to agree to meet the additional lic have no access to the secret legal The PRESIDING OFFICER. The Sen- demands set out by congressional interpretations, so they have no idea ator will be notified. Democrats in the Obama administra- what their government believes the law FREE TRADE tion. The ambassador also set out to actually means. Mr. GRASSLEY. Mr. President, I gain further commitment from South I am going to bring up several histor- have been a long-time supporter of free Korea and Colombia. ical examples to try to demonstrate trade. I believe it is always a good The Panamanian Government has ad- what this has meant over the years. thing when American businesses, man- dressed the additional demands by Before I begin, I wish to be clear I am ufacturers, and farmers have more making the necessary amendments to not claiming any of the specific activi- market access for their products. their laws. The additional concerns the ties I discuss today are happening now. I have also been a longtime supporter administration had with the South Ko- I am bringing them up because I be- of specific free trade agreements that rean and Colombian deals were ad- lieve they are a reminder of how the are waiting to be acted on by the Con- dressed as well. Earlier this May, Am- American people react when they learn gress: the South Korea, Colombia, and bassador Kirk indicated all three trade about domestic surveillance activities Panama agreements. We have had too agreements were ready for Congress to that are not consistent with what they many years of talking about being consider. But the Obama administra- believe the law allows. When Ameri- long-time supporters of free trade tion decided to move the goal posts cans learn about intelligence activities agreements. Yet we have not had an once again. Instead of moving these that are consistent with their under- opportunity to back up our talk with agreements forward for swift approval standing of the law, they look to the votes because we can’t vote until the to help the economy move along and news media, they follow these activi- President presents them to Congress. the swift approval which I believe they ties with interest, and often admira- The time to present these free trade will receive when they get a vote, the tion. But when people learn about in- agreements is long overdue. The ad- administration now has another re- telligence activities that are outside ministration needs to stop moving the quirement: approval of trade adjust- the lines of what is generally thought goal posts every time we are about to ment assistance. to be the law, the reaction can get neg- kick the ball through. While U.S. manufacturers and busi- ative and get negative in a hurry. Take the Panama agreement as an nesses and farmers risk losing more Here is my first example. The CIA example. The United States and Pan- and more market share in these coun- was established by the National Secu- ama reached an agreement in principle tries, Democrats keep coming up with rity Act of 1947 and the law stated that in December of 2006. However, congres- reasons for holding up these trade the agency was ‘‘forbidden to have law sional Democrats expressed concern re- agreements by moving the goal posts. enforcement powers or internal secu- garding certain labor issues that ex- There is simply no reason to keep on rity functions.’’ Members of the Con- isted in Panama at the time. The Bush moving the goal posts. The administra- gress and legal experts interpreted that administration negotiated a deal with tion has said these three trade agree- language as a clear prohibition against the congressional Democrats who had ments are ready. One of the best things any internal security function under newly taken over the Congress in an we can do right now for U.S. busi- any circumstances. A group of CIA offi- agreement that was announced on May nesses, farmers, and workers is to im- cials had a different interpretation. 10, 2007. As a result, then-President plement these trade agreements which They decided that the 1947 law con- Bush addressed the labor issues in the will give a much-needed boost to our tained legal gray areas that allowed trade agreement that the United economy. the CIA to monitor American citizens States signed with Panama in late I am not suggesting we do nothing on for possible contact with foreign June of 2007. trade adjustment assistance, because I agents. They believed this meant they If there were a big news conference support that 40-year-old program, but could secretly tap Americans’ phones, on May 10, 2007 that there has been an reaching an agreement on that pro- open their mail, and plant listening de- agreement reached, wouldn’t one think gram should not be used as another ex- vices in their homes, among other

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3387 things. This secret legal interpretation lance Act of 1978, which attempted to Again, did that program stay secret? led the CIA to maintain intelligence subject domestic surveillance to a The answer is no. After several years, files on more than 10,000 American citi- process of warrants and judicial review. the New York Times published a story zens, including reporters, Members of Years later, during the Reagan ad- uncovering the program. The resulting Congress, and a host of antiwar activ- ministration, senior members of the public uproar led to a divisive congres- ists. National Security Council secretly sold sional debate and a significant number This small group of CIA officials kept arms to Iran and used the funds to arm of lawsuits. In my view, the disclosure the program and their ‘‘gray area’’ jus- and train Contra militants to topple also led to an erosion of public trust tification to the program a secret from the Nicaraguan Government. Selling that made many private companies the American people and most of the arms to Iran violated the official U.S. more reluctant to cooperate with gov- government because, they argued, re- arms embargo against Iran and di- ernment inquiries. vealing it would violate the agency’s rectly funding the Contras was illegal As most of my colleagues will re- responsibility to protect intelligence under the Boland amendment. That member, Congress and the executive sources and methods from unauthor- was the one Congress passed to limit branch spent years trying to sort out ized disclosure. Did the program stay a U.S. Government assistance to the the details of that particular program secret? It didn’t. On December 22, 1974, Contras. and the secret legal interpretation— investigative reporter Seymour Hersh But the officials at the National Se- the secret legal interpretation—that detailed the program on the front curity Council were convinced they was used to justify it. In the process of pages of the New York Times. The rev- knew better. They were convinced that doing so, Congress also attempted to elations and the huge public uproar violating the embargo and illegally address an actual surveillance issue. I that ensued led to the formation of the supporting the Contra rebels would think all my colleagues who were here Church Committee. That committee help free American hostages and help for that debate would agree those spent nearly 2 years investigating fight communism in Nicaragua. In- issues could have been resolved far questionable and illegal activity at the stead of engaging in a public debate more easily, far less contentiously, if CIA. The Church Committee published and trying to convince the Congress the Bush administration had simply 14 reports detailing various intel- and the public they were right, they se- come to the Congress in the first place and tried to work out a bipartisan solu- ligence abuses which, in addition to il- cretly launched an arms program and tion to them rather than, in effect, try- legal domestic surveillance, included hid it from the Congress and the Amer- ican people. How did that work out for ing to rewrite the law in secret. programs designed to assassinate for- When laws are secretly reinterpreted eign leaders. The investigation led to them? The New York Times published a this way, the results frequently fail to Executive orders reining in the author- story of these activities on November stand up to public scrutiny. It is not ity of the CIA and the creation of the 25, 1987. A joint congressional com- surprising, if you think about it. The House and Senate Intelligence Com- mittee was launched to investigate the American law-making process is often mittees. Iran Contra affair with televised hear- cumbersome, it is often frustrating, In 1947, President Harry Truman and ings for over a month. The House For- and it is certainly contentious. But his top military and legal advisers se- eign Affairs Committee and the House over the long run, this process is a cretly approved a program named and Senate Intelligence Committees pretty good way to ensure that our PROJECT SHAMROCK. PROJECT held their own hearings. The first Pres- laws have the support of the American SHAMROCK authorized the Armed idential commission investigating the people, since those that do not will ac- Forces Security Agency and its suc- National Security Council was tually get revised or repealed by elect- cessor, the NSA, to monitor telegraphs launched. Multiple reports were pub- ed lawmakers who follow the will of coming in and out of the United States. lished documenting the administra- our constituents. On the other hand, At the outset of the program, compa- tion’s illegal activities, and the Nica- when laws are secretly reinterpreted nies were told that government agents raguan Government sued the United behind closed doors by a small number would only read ‘‘those telegrams re- States. Dozens of court cases were filed of government officials—and there is lated to foreign intelligence targets,’’ and National Security Council offi- no public scrutiny, no public debate— but as the program grew, more tele- cials—including two National Security you are certainly more likely to end up grams were sent and received by Amer- Advisers—faced multiple indictments. with interpretations of the law that go icans and they were read. During the Finally, following the terrorist at- well beyond the boundaries of what the program’s 30-year run, the NSA ana- tacks of September 11, 2001, a handful American people are willing to accept. lysts sometimes reviewed as many as of government officials made the uni- Let me make clear that I think it is 150,000 telegrams a month. lateral judgment that following U.S. entirely legitimate for government While the Ford administration said it surveillance law, as it was commonly agencies to keep some information se- made all pertinent information about understood, would slow down the gov- cret. In a democratic society, of course, PROJECT SHAMROCK available, the ernment’s ability to track suspected citizens rightly expect their govern- Senate Intelligence Committee and the terrorists. Instead of working with the ment will not arbitrarily keep informa- Justice Department had kept the pro- Congress, instead of coming to the Con- tion from them, and throughout our gram secret from the public. They ar- gress and asking to revise or update Nation’s history Americans have vigi- gued that public disclosure was both the law, these officials secretly reinter- lantly guaranteed their right to know. unjustified and dangerous to national preted the law to justify a warrantless But Americans do acknowledge certain security, and it avoided Congress’s wiretapping program that they hid limited exceptions to the principle of questions regarding the legality of the from virtually every Member of the openness. We know, for example, that program by stating that the telegrams Congress and the American people. tax officials have information about all present somewhat different legal ques- It is not clear how long they thought of us from our tax returns. But the gov- tions from those posed by domestic they could hide a large, controversial ernment does not have the right or the bugging and wiretapping. That pro- national security program of this na- need to share this information openly. gram didn’t stay secret either. ture, but they kept it so secret that This is essentially an exception to pro- The newly formed Senate Intel- even when it yielded useful intel- tect personal privacy. ligence Committee ultimately dis- ligence, classification restrictions Another limited exception exists for closed the PROJECT SHAMROCK pro- sometimes prevented the information the protection of national security. gram on November 6, 1975, arguing that from being shared with officials who The U.S. Government has an inherent public disclosure was needed to build could have used it. responsibility to protect our people support—build support—for a law gov- I was a member of the Senate Intel- from threats. To do this effectively, it erning NSA operations. The resulting ligence Committee at this point—a rel- almost always requires some measure public uproar led to a congressional in- atively new member—but the program of secrecy. I do not expect General vestigation. The NSA’s termination of and the legal interpretations that sup- Petraeus to publicly discuss the details PROJECT SHAMROCK and the passage ported it were kept secret from me and of every troop movement in Afghani- of the Foreign Intelligence Surveil- virtually all of my colleagues. stan any more than early Americans

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3388 CONGRESSIONAL RECORD — SENATE May 26, 2011 expected George Washington to publish be allowed to fall into the trap of se- more useful. When Congress passed the his strategy for the Battle of York- cretly reinterpreting the law in a way Foreign Intelligence Surveillance Act town. By the same token, American that creates a gap between what the in 1978, it would have been useful to citizens recognize that their govern- public believes the law says and what keep that law secret from the KGB so ment may sometimes rely on secret in- the government secretly claims it says. Soviet agents would not know whether telligence collection methods in order Anytime that happens, it seems to me the FBI was allowed to track them. to ensure national security, in order to there is going to be a violation of the But American laws should not be pub- ensure the safety of the American peo- public trust. Furthermore, allowing a lic only when government officials ple, and they recognize that these gap of this nature to develop is simply think it is convenient. They ought to methods can often be more effective shortsighted. Both history and logic be public and public all the time. The when specifics are kept secret. should make it clear—and that is why American people ought to be able to But while Americans recognize that I brought these examples to the floor of find out what their government thinks government agencies sometimes rely the Senate—that secret interpretations those laws mean. on secret sources and methods to col- of the law will not stay secret forever Earlier this week, I filed an amend- lect intelligence information, Ameri- and, in fact, often come to light pretty ment, along with my colleague from cans also expect these agencies will co- quickly. When the public eventually the Intelligence Committee, Senator operate at all times within the bound- finds out that government agencies MARK UDALL, and that amendment aries of publicly understood law. have been rewriting surveillance laws would require the Attorney General to I have served on the Senate Intel- publicly disclose the U.S. Govern- ligence Committee for a decade, and I in secret, the result, as I have dem- ment’s official interpretation of the do not take a backseat to anybody onstrated, is invariably a backlash and USA PATRIOT Act. The amendment when it comes to protecting what are an erosion of public confidence in these specifically states that the Attorney essential sources and methods that are government agencies. I believe this is a big and growing General should not describe any par- needed to keep the American people problem. ticular intelligence collection pro- safe when intelligence is being gath- Our intelligence and national secu- grams or activities but that there ered. But I do not believe the law rity agencies are staffed by many tal- should be a full description of ‘‘the should ever be kept secret. Voters have ented and dedicated men and women. a right and a need to know what the legal interpretation and analysis nec- The work they do is very important, law says and what their government essary to understand the . . . Govern- and for the most part, they are ex- thinks the text of the law means. That ment’s official interpretation’’ of the traordinarily professional. But when is essential so the American people can law. members of the public lose confidence This morning, Senator MARK UDALL decide whether the law is appropriately in these agencies, it does not just un- and I—and we had the help of several written and they are in a position to dercut morale, it makes it harder for colleagues: Senator MERKLEY, Senator ratify or reject the decisions their these agencies to do their jobs. If you TOM UDALL—reached an agreement elected officials make on their behalf. When it comes to most government ask the head of any intelligence agen- with the chair of the Intelligence Com- functions, the public can directly ob- cy, particularly an agency that is in- mittee, Senator FEINSTEIN. She is serve the government’s actions and the volved in domestic surveillance in any going to be holding hearings on this typical citizens can decide for them- kind of way, he or she will tell you issue next month. selves whether they support or agree that public trust is the coin of the Senator MARK UDALL and I, as mem- with the things their government is realm, it is a vital commodity, and vol- bers of the committee, will be in a po- doing. Certainly, in my part of the untary cooperation from law-abiding sition to go into those hearings and the world, American citizens can visit the Americans is critical to the effective- subsequent deliberations to try to national forests and decide whether ness of our intelligence agencies. amend the intelligence authorization. they think the forests are appro- If members of the public lose con- If we do not get results inside the com- priately managed. When they drive on fidence in these government agencies mittee, because of the agreement today the interstate, they can decide for because they think government offi- with the distinguished chair of the In- themselves whether those highways cials are rewriting surveillance laws in telligence Committee, Senator FEIN- have been properly laid out and ade- secret, it is going to make those agen- STEIN, and the majority leader, Senator quately maintained. If they see some- cies less effective. As a member of the REID, we will be in a position to come one punished, they can decide for Intelligence Committee, I do not want back to this floor and offer our original themselves whether the sentence was to see that happen. amendment this fall. appropriate, whether it was too harsh I wish to wrap up now with one last We are going to keep fighting for or too lenient. comment; that is, as you look at these openness and honesty. As of today, the But Americans generally cannot de- statutes, and particularly the ones I government’s official interpretation of cide for themselves whether intel- have outlined—where you have so the law is still secret—still secret—and ligence agencies are operating within many hard-working lawyers and offi- I believe there is a growing gap, as of the law. That is why the U.S. intel- cials at these government agencies—I this afternoon, between what the pub- ligence community evolved over the wish to make it clear I do not believe lic believes that law says and the se- past several decades. The Congress set these officials have a malicious intent. cret interpretation of the Justice De- up a number of watchdog and oversight They are working hard to protect intel- partment. mechanisms to ensure that the intelligence sources and methods and for So I plan to vote no this afternoon on ligence agencies follow the law rather good reason. But sometimes they can this legislation because I said some than violate it. That is why the Senate lose sight of the differences between time ago that a long-term reauthoriza- and House each have a Select Intel- the sources and methods, which must tion of this legislation did require sig- ligence Committee. It is also why the be kept secret, and the law itself, nificant reforms. I believe when more Congress created the Foreign Intel- which should not. Sometimes they Members of Congress and the American ligence Surveillance Court. It is why even go so far as to argue that keeping people come to understand how the PA- Congress created a number of statutory their interpretation of the law secret is TRIOT Act has actually been inter- inspectors general to act as inde- actually necessary because it prevents preted in secret, I think the number of pendent watchdogs inside the intel- our Nation’s adversaries from figuring Americans who support significant re- ligence agencies themselves. All these out what our intelligence agencies are form and the end of secret law—the end oversight entities were created at least allowed to do. of law that is kept secret from them by in part to ensure that intelligence I can see how it might be tempting to design—I think we will see Americans agencies carry out all their activities latch onto this ‘‘Alice in Wonderland’’ joining us in this cause to ensure that within the boundaries of publicly un- logic. But if the U.S. Government were in the days ahead, as we protect our derstood law. to actually adopt it, then all our sur- country from the dangerous threats we But the law itself must always be veillance laws would be kept secret be- face, we are also doing a better job of public. Government officials must not cause that would, obviously, be even being sensitive to individual liberty. -

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3389 Those philosophies, those critical prin- amend the PATRIOT Act. We were Again, as a member of the Intel- ciples are what this country is all promised that debate, but that oppor- ligence Committee, while I cannot say about. And we are going to stay at it, tunity is literally slipping through our how this authority is being used, I be- Senator UDALL and I and others, until hands. I would like to stay here and lieve it is ripe for potential abuse and those changes are secured. continue making the case to the Amer- must be improved to protect the con- I yield the floor. ican people that this bill should and stitutionally protected privacy rights The PRESIDING OFFICER. The Sen- could be improved. of individual innocent American citi- ator from Colorado. While a number of PATRIOT Act pro- zens. Toward that goal, I have worked Mr. UDALL of Colorado. Mr. Presi- visions are permanent and remain in with my colleagues to come up with dent, I rise today in conjunction with place to give our intelligence commu- commonsense fixes that can receive bi- my colleague from Oregon to discuss nity important tools to fight ter- partisan support. For example, Senator what is before us here on the floor, rorism, the three controversial provi- WYDEN and I filed an amendment that which is the extension of the PATRIOT sions we are debating, commonly would require the Department of Jus- Act. known as roving wiretap, ‘‘lone wolf,’’ tice to disclose the official legal inter- I rise as well to express my opposi- and business records, are ripe for abuse pretation of the provisions of the PA- tion to the extension of the three most and threaten Americans’ constitu- TRIOT Act. This would make sure the controversial provisions in the PA- tional freedoms. Federal Government is only using I know we must balance the prin- TRIOT Act which are before us here those powers in ways the American ciples of liberty and security. I firmly today. The process by which we have people believe they are authorizing considered these provisions has been believe terrorism is a serious threat to the United States, and we must be them to. rushed. I believe we have done a dis- While I believe our intelligence prac- sharply focused on protecting the service to the American people by not tices should be kept secret, I do not be- American people. In fact, with my having a fuller and more open debate lieve the government’s official inter- seats on the Senate Armed Services about these provisions. pretation of these laws should be kept Committee and the Senate Intelligence Along with Senator WYDEN, I want to secret. This is an important part of our Committee, much of my attention is acknowledge the difficult position the oversight duties, and I look forward to centered on keeping Americans safe leader of the Senate, Senator REID, has both here and abroad. I also recognize working with Chairwoman FEINSTEIN been in. I want to thank him for trying in the Intelligence Committee to en- to find an agreement to vote on more that despite Osama bin Laden’s death, we still live in a world where terrorism sure this oversight occurs. amendments. We were very close to I have also filed my own amendments is a serious threat to our country, our reaching that agreement, but even in to address some of the problems I see economy, and to American lives. Our that context, the debate we have had with the roving wiretap, ‘‘lone wolf,’’ government does need the appropriate on this bill has been insufficient. and business record provisions. For ex- surveillance and antiterrorism tools to If you look at what we are about to ample, I joined Senator WYDEN in filing achieve these important goals. How- approve, it is a one-page bill which just ever, we need to and we can strike a an amendment designed to narrow the changes the dates in the existing PA- better balance between protecting our scope of the business records materials TRIOT Act. This is a lost opportunity. national security and the constitu- that can be collected under section 215 As a member of the Intelligence tional freedoms of our people. Let me of the PATRIOT Act. And I just high- Committee, I can tell you that what give you an example. This debate has lighted some of the problems with that most people—including many Members failed to recognize that the current provision. Our amendment would still of Congress—believe the PATRIOT Act surveillance programs need improved allow enforcement agencies to use the allows the government to do—what it public oversight and accountability. PATRIOT Act to obtain investigation allows the government to do—and what I know Americans believe we ought records, but it would also require those government officials privately believe to only use PATRIOT Act powers to in- entities to demonstrate that the the PATRIOT Act allows them to do vestigate terrorists or espionage-re- records are in some way connected to are two different things. Senator lated targets. Yet section 215 of the terrorism or clandestine intelligence WYDEN has been making that case. I PATRIOT Act, the so-called business activities. want to make it as well. records provision, currently allows Today, law enforcement currently I cannot support the extension of the records to be collected on law-abiding can obtain any kind of records. In fact, provisions we are considering today Americans without any connection to the PATRIOT Act’s only limitation without amendments to ensure there is terrorism or espionage. If we cannot states that such information has to be a check on executive branch authority. limit investigations to terrorism or related to ‘‘any tangible thing.’’ That I do not believe the Coloradans who other nefarious activities, where do is right. As long as these business sent me here to represent them would they end? records are related to any tangible accept this extension either. Ameri- Coloradans are demanding that in ad- thing, the U.S. Government can require cans would be alarmed if they knew dition to the review of the Foreign In- businesses to turn over information on how this law is being carried out. telligence Surveillance Court, we place their customers, whether or not there I appreciate the Intelligence Com- commonsense limits on government in- is a link to terrorism or espionage. I mittee chairwoman, DIANNE FEINSTEIN, vestigations and link data collection to have to say that I just do not think it working with us to hold hearings in the terrorist or espionage-related activi- is unreasonable to ask that our law en- committee to examine how the admin- ties. If—or I should say when—Con- forcement agencies identify a ter- istration is interpreting the law. I be- gress passes this bill to extend the PA- rorism or espionage investigation believe that is a critical step forward. TRIOT Act until 2015, it will mean that fore collecting the private information However, that addresses only the over- for 4 more years the Federal Govern- of law-abiding American citizens. arching concern. I still have concerns ment will have access to private infor- These amendments represent but a about the individual provisions we are mation about Americans who have no few of the reform ideas we could have considering today. connection to terrorism without suffi- debated this week. But without further We just voted to invoke cloture to cient accountability and without real debate on these issues, this or any cut off debate on the 4-year extension public awareness about how these pow- other administration, whether inten- of provisions that give the government ers are used. tionally or unintentionally, can abuse wide-ranging authority to conduct Again, I underline that we all agree the PATRIOT Act. And because of the wiretaps on groups and individuals or the intelligence community needs ef- need to keep classified material classi- collect private citizens’ records. I fective tools to combat terrorism, but fied, Congress cannot publicly fulfill voted no because the debate should not we must provide these tools in a way our oversight responsibilities on behalf be over without a real chance to im- that protects the constitutional free- of the American people. prove these authorities. I recently sup- doms of our people and lives up to the So, as I started out my remarks, I ported a 3-month extension so the Sen- standard of transparency that democ- plan to vote against the reauthoriza- ate could take time to debate and racy demands. tion of these three expiring provisions

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3390 CONGRESSIONAL RECORD — SENATE May 26, 2011 because we fail to implement any re- amendments be in order: Amendment The PRESIDING OFFICER. Is there forms that would sensibly restrain No. 363, firearm records, and amend- objection? these overbroad provisions. In the ment No. 365, suspicious activity re- Mr. LEAHY. Madam President, re- nearly 10 years since Congress passed ports; that there be 60 minutes of de- serving the right to object, I would the PATRIOT Act, there has been very bate prior to votes in relation to the first ask unanimous consent that an little opportunity to improve this law, amendments, with the time equally di- editorial in today’s Washington Post in and I, for one, am very disappointed vided between Senator PAUL and the favor of my amendment be printed in that we are once again being rushed majority leader or their designees; that the RECORD. into approving policies that threaten neither Paul amendment be divisible; There being no objection, the mate- the privacy—which, under one defini- that upon the use or yielding back of rial was ordered to be printed in the tion, is the freedom to be left alone—of time, the majority leader or his des- RECORD, as follows: the American people. It is a funda- ignee be recognized for a motion to [From the Washington Post, May 25, 2011] mental element and principle of free- table; if there are not at least 60 votes A CHANCE TO PUT PROTECTIONS IN THE dom. in opposition to a motion to table the PATRIOT ACT The bill that is before us today, in above amendments, the amendments Congress appears poised to renew impor- my opinion, does not live up to the bal- be withdrawn; further, upon disposition tant counterterrorism provisions before they anced standard the Framers of our of the two Paul amendments, amend- are to expire at the end of the week. That Constitution envisioned to protect ment No. 348 be withdrawn; that all re- much is welcome. But it is disappointing both liberty and security, and I believe maining time postcloture be yielded that lawmakers may extend the Patriot Act measures without additional protections it seriously risks the constitutional back and the Senate proceed to vote on meant to ensure that these robust tools are freedoms of our people. By passing this adoption of the motion to concur in the used appropriately. unamended reauthorization, we are en- House amendment to S. 990 with The Patriot Act’s lone-wolf provision al- suring that Americans will live with amendment No. 347; that no points of lows law enforcement agents to seek court the status quo for 4 more long years. I order or motions be in order other than approval to surveil a non-U.S. citizen be- am disappointed and I know that many those listed in this agreement and lieved to be involved in terrorism but who of our constituents would be dis- budget points of order and applicable may not have been identified as a member of appointed if they were able to under- a foreign group. A second measure allows the motions to waive. government to use roving wiretaps to keep stand the implications of our inaction The PRESIDING OFFICER. Is there tabs on a suspected foreign agent even if he on these troubling issues. objection? repeatedly switches cellphone numbers or As I close, I just want to say there is The Senator from Vermont, communication devices, relieving officers of a gravitational pull to secrecy that I Mr. LEAHY. Madam President, re- the obligation of going back for court ap- think we all have as human beings. It serving the right to object, I ask unani- proval every time the suspect changes his is hard to resist it. And the whole point mous consent that the agreement be means of communication. A third permits of the checks and balances our Found- modified to include the Leahy-Paul the government to obtain a court order to ers put in place was to ensure that amendment with the same time for de- seize ‘‘any tangible item’’ deemed relevant to a national security investigation. All power couldn’t be consolidated and bate and a vote under the usual proce- three are scheduled to sunset by midnight that power abused, again whether in- dures. Thursday. tentionally or unintentionally. We The PRESIDING OFFICER. Is there House and Senate leaders have struck a would all like to be king for a day. We objection? preliminary agreement for an extension to all have ideas about how we could Mr. REID. Madam President, I pro- June 2015 and may vote on the matter as make the world a better place. But we pounded this unanimous consent re- early as Thursday morning. This agreement know the dangers in giving that much quest: I would comment to my friend, was not easy to come by. Several Republican power to one person or one small group the chairman of the Judiciary Com- senators originally wanted permanent exten- mittee, this amendment he has sug- sions—a proposition rebuffed by most Demo- of people. crats and civil liberties groups. In the House, Ben Franklin put it so well. I can’t gested has bipartisan support. He has conservative Tea Party members, who wor- do justice to his remarks and the way worked very hard on this. It is an ried about handing the federal government he stated them, but to paraphrase him, amendment that we hope sometime the too much power, earlier this year bucked a he said that a society that would trade content of which can be fully brought move that would have kept the provisions essential liberty for short-term secu- before the American people because it alive until December. Congressional leaders rity deserves neither. And our job as is something that is bipartisan and were forced to piece together short-term ap- Senators is to ensure that we actually timely. I would hope we can get con- provals to keep the tools from lapsing. The compromise four-year extension is im- enjoy both of those precious qualities, sent to include his amendment. portant because it gives law enforcement security and liberty. The PRESIDING OFFICER. The mi- agencies certainty about the tools’ avail- This is an important vote today. This nority leader. ability. But the bill would be that much is an important undertaking. I know Mr. MCCONNELL. I object to the stronger if oversight and auditing require- we can, through the leadership of Sen- Leahy request. ments originally included in the version ator WYDEN and many of us who care The PRESIDING OFFICER. Objec- from Sen. Patrick J. Leahy (D–Vt.) were per- deeply about this, ensure that the PA- tion is heard. mitted to remain. Mr. Leahy’s proposal, TRIOT Act keeps faith with the prin- Is there any remaining objection to which won bipartisan approval in the Senate the request of the leader? Judiciary Committee, required the attorney ciples we hold dear. general and the Justice Department inspec- I yield the floor, and I suggest the ab- Mr. LEAHY. Madam President, I sug- tor general to provide periodic reports to sence of a quorum. gest the absence of a quorum. congressional overseers to ensure that the The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- tools are being used responsibly. Mr. Leahy clerk will call the roll. ator does not have the floor. The leader has crafted an amendment that includes The legislative clerk proceeded to has the floor. these protections, but it is unlikely that the call the roll. Mr. REID. I note the absence of a Senate leadership will allow its consider- Mr. REID. Madam President, I ask quorum. ation. unanimous consent that the order for The PRESIDING OFFICER. The At this late hour, it is most important to ensure that the provisions do not lapse, the quorum call be rescinded. clerk will call the roll. which could happen as a result of a dispute The PRESIDING OFFICER (Mrs. The legislative clerk proceeded to between Senate Majority Leader Harry M. MCCASKILL). Without objection, it is so call the roll. Reid (D–Nev.) and Sen. Rand Paul (R–Ky.) ordered. Mr. REID. Madam President, I ask over procedural issues. If time runs out for Mr. REID. I appreciate everyone’s pa- unanimous consent that the order for consideration of the Leahy amendment, Mr. tience. We are working toward the end, the quorum call be rescinded. Leahy should offer a stand-alone bill later to but we are not there yet. The PRESIDING OFFICER. Without make the reporting requirements the law. I ask unanimous consent that it be in objection, it is so ordered. Mr. LEAHY. Madam President, fur- order for Senator PAUL to offer two Mr. REID. Madam President, I renew ther reserving the right to object, I amendments en bloc and no other my request. find it extremely difficult—and I have

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We have two amend- The Senator from Kentucky. in the hands of government where ments that have not gotten any com- Mr. PAUL. I am pleased today to someday those could be abused. mittee hearings. We have one on this come to the floor of the Senate to talk What we are asking for are proce- side that has been voted on by a bipar- about the PATRIOT Act. I am pleased dural protections. The Constitution tisan majority, Republicans and Demo- we have cracked open the door that gave us those protections. The second crats, twice out of committee, twice on will shed some light on the PATRIOT amendment gives us the right to keep the floor, and that can’t go forward. Act. I wish the door were open wider, and bear arms. The fourth amendment It is my inclination to object further. the debate broader and more signifi- is equally important. It gives us the I realize the difficulty that would put cant, but today we will talk a little bit right to be free of unreasonable search. my friend from Nevada in, so I will not about the constitutionality of the PA- It gives us the right to say that govern- object. But I do feel this ruins the TRIOT Act. ment must have probable cause. There chances to make the PATRIOT Act one I was a cosponsor of Senator LEAHY’s must be at least some suspicion that one is committing a crime before they that could have had far greater bipar- amendment, and I think it would have come into one’s house or before they go tisan support, and we have lost a won- gone many great steps forward to make into one’s records, wherever one’s derful chance. But I understand we sure we have surveillance on what our records are. The Constitution doesn’t have to do what the Republicans want government does. It would have au- say that one only has protection of in this bill, so I will withdraw my ob- thorized audits by the inspector general to continue to watch over and to records that are in one’s house. One jection. should have protection of records that The PRESIDING OFFICER. Is there make sure government is not invading the rights of private citizens, and I do reside in other places. Just because objection? one’s Visa record resides with a Visa Without objection, it is so ordered. support that wholeheartedly. Jefferson said if we had a government company doesn’t make it any less pri- Mr. REID. Madam President, in this vate. If we look at a person’s Visa bill, editorial to which the chairman of the of angels, we wouldn’t have to care or be concerned about the power that we we can find out all kinds of things Judiciary Committee refers, there are about them. If we look at a person’s four very strong paragraphs indicating give to government. Unfortunately, sometimes we don’t have angels in Visa bill, we can find out what doctors why his amendment is important and they go to; do they go to a psychia- charge of our government. Sometimes necessary. But in keeping with the trist; do they have mental illness; what we can even get a government in kind of Senator we have in the senior type of medications do they take. Senator from Vermont—the final para- charge that would use the power of If someone looked at my Visa bill, graph is also quite meaningful and it is government in a malicious or malevo- they could tell what type of books or meaningful because that is the kind of lent way, to look at the banking magazines I read. One of the provisions Senator we have from Vermont by the records of people they disagree with po- of the PATRIOT Act is called the li- name of PAT LEAHY. This is the last litically, to look at the religious prac- brary provision. They can look at the paragraph: tices of people they disagree with. So it books someone checks out in the li- At this late hour, it is most important to is important that we are always vigi- brary. People say, well, still, a judge ensure that the provisions do not lapse, lant, that we are eternally vigilant of has to sign these warrants. But we which would happen as a result of a dispute the powers of government so they do changed the standard. The standard of between Senate Majority Leader Harry Reid not grow to such an extent that gov- the fourth amendment was probable and Senator Rand Paul over procedural ernment could be looking into our pri- cause. They had to argue, or at least issues. vate affairs for nefarious reasons. convince a judge, that you were a sus- Here is the final sentence, which We have proposed two amendments pect, that you were doing something demonstrates why PAT LEAHY is a that we will have votes on today. One wrong. Now the cause or the standard friend of the United States and is a leg- of them concerns the second amend- has been changed to relevance. So it end in the Senate: ment. I think it is very important that could be that you went to a party with If time runs out for consideration of the we protect the rights of gun owners in someone who was from Palestine who Leahy amendment, Mr. Leahy should offer a our country, not only for hunting but gives money to some group in Pal- stand-alone bill later to make the reporting for self-protection, and that the estine that may well be a terrorist requirements the law. records of those in our country who group. But the thing is, because I went So I appreciate very much Senator own guns should be secret. I don’t to a party with them, because I know LEAHY being his usual team player. think the government, well intentioned that person, am I now somehow con- Mr. LEAHY. Madam President, if the or not well intentioned, should be sift- nected enough to be relevant? They Senator would yield for a moment, he ing through millions of records of gun would say, Well, your government referred to that last line that this owners. Why? There have been times would never do that. They would never should be offered as a freestanding bill. even in our history in which govern- go to investigate people. The problem I assure the leader it will be offered as ment has invaded our homes to take is, this is all secret. So I do not know a freestanding bill and I hope it is one things from us. In the 1930s, govern- if I have been investigated. My Visa that, because of bipartisan support, ment came into our households and bill sometimes has been $5,000. Some- could be brought up at some point for said give us your gold. Gold was con- times we pay for them over the phone, a vote. fiscated in this country in 1933. Could which is a wire transfer. Have I been Mr. REID. Madam President, this is there conceivably be a time when gov- investigated by my government? I do an extremely important plateau we ernment comes into our homes and not know. It is secret. have reached. It has been very difficult says, We want your guns? What I want is protection. I want to for everyone. But now this bill can go People say that is absurd. That would capture terrorists, sure. If terrorists to the President of the United States if never happen. I hope that day never are moving machine guns and weapons these amendments are defeated, which comes. I am not accusing anybody of in our country, international terror- I hope they are. It will go to the Presi- being in favor of that, but I am worried ists, by all means, let’s go after them. dent tonight before the deadline of this about a government that is sifting But the worst people, the people we bill, so this bill will not lapse. Even through millions of records without want to lock up forever—the people all though the Senator from Kentucky, asking: Are you a suspect; without ask- of us universally agree about: people Mr. PAUL, and I have had some dif- ing, are you in league with foreign ter- who commit murder, people who com- ferences, what we have done on this rorists? Are you plotting a violent mit rape—we want to lock them up and

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It is judge, and we will get a warrant. Just wasting time on 8 million trans- sort of the analogy of saying that be- because we believe in procedural pro- actions—the vast majority of these cause I believe you should get a war- tections, just because we believe in the transactions being by law-abiding U.S. rant before you go into a potential or Constitution does not mean we do not citizens—we are not targeting the peo- alleged murderer’s house, somehow I want to capture terrorists. We just ple who would attack us. am in favor of murder. want to have some rules. Let’s do police work. If there are ter- I am in favor of having constitu- I will give you an analogy. Right rorist groups in the Middle East and we tional protections. These arose out of now, you have been to the airport. know who they are, let’s investigate hundreds of years of common law. They Most of America has been to the air- them. If they have money in the United were codified in our Constitution be- port at some point in time in the last States or they are transferring it because we were worried. We were incred- year or two. Millions of people fly tween banks, by all means, let’s inves- ibly concerned about what the King every day. But we are taking this shot- tigate them. But let’s have some con- had done. We were concerned about gun approach. We think everyone is a stitutional protections. Let’s have what a far distant Parliament was terrorist, so everyone is being patted some protections that say you must doing to us without our approval. We down, everyone is being strip-searched. ask a judge for a warrant. were concerned about what James Otis We are putting our hands inside the Some have said: How would we get called writs of assistance. Writs of as- pants of 6-year-old children. I mean, these people? Would we capture those sistance were pieces of paper that were have we not gone too far? Are we so who are transferring weapons? We warrants that were written by soldiers. afraid that we are willing to give up all would investigate. We have all kinds of They were telling us we had to house of our liberty in exchange for security? tools, and we have been using those the British soldiers in our houses, and Franklin said: If you give up your lib- tools. they were giving general warrants erty, you will have neither. If you give Others have said: Well, we have cap- which meant: We are just going to up your liberty in exchange for secu- tured these people through the PA- search you willy-nilly. We are not rity, you may well wind up with nei- TRIOT Act, and we never could have going to name the person or the place. ther. gotten them. The problem with that We are not going to name the crime Because we take this shotgun ap- argument is that it is unprovable. You you are accused of. proach, we take this approach that ev- can tell me you captured people If a government were comprised of eryone is a potential terrorist, I think through the PATRIOT Act and I can angels, we would not need the fourth we actually are doing less of a good job believe you captured them and you amendment. What I argue for here now in capturing terrorists because if we have prosecuted them, but you cannot is protections for us all should we get spent our time going after those who prove to me you would not have cap- a despot, should we someday elect were committing terrorism, maybe we tured them had you asked for a judge. somebody who does not have respect would spend less time on those who are We have a special court. It is called for rights. We should obey rules and living in this country, children and the FISA Court. The FISA Court has laws. otherwise, frequent business travelers, been around since the late 1970s. Not Is this an isolated episode we are who are not a threat to our country. one warrant was ever turned down be- here talking about, the PATRIOT Act, Instead of wasting time on these peo- fore the PATRIOT Act. But they say: and that there is an insufficient time, ple, we could spend more time on those We need more power. We need more that it is a deadline: Hurry, hurry; we who would attack us. power given to these agencies, and we must act. It is not an isolated time. I will give you an example—the Un- do not need any constitutional re- We have had no sufficient debate on derwear Bomber. For goodness’ sakes, straint anymore. the war with Libya. We are now en- his dad reported him. His dad called But my question is, the fourth countered in a war in Libya, so we now the U.S. Embassy and said: My son is a amendment said you had to have prob- have a war in which there has been no potential threat to your country. We able cause. You had to name the person congressional debate and no congres- did nothing. He was on a watch list. We and the place. Well, how do we change, sional vote. But do you know what still let him get on a plane. He had get rid of probable cause and change it they argue. They say it is just a little been to Nigeria. He had been to Yemen to a standard of relevance? How do we war. But you know what. It is a big twice. For goodness’ sakes, why don’t do that and amend the Constitution principle. It is the principle that we as we take half the people in the TSA who without actually amending the Con- a country elect people. It is a principle are patting down our children and let’s stitution? These are important con- that we are restrained by the Constitu- have them look at the international stitutional questions. But when the tion, that you are protected by the flight manifest of those traveling from PATRIOT Act came up, we were so Constitution, and that if I ask the certain countries who could be attack- frightened by 9/11 that it just flew young men and women here today to ing us? For goodness’ sakes, why don’t through here. There were not enough go to war and say we are going to go to we target whom we are looking at? copies to be read. There was one copy war, there darn well should be a debate My other amendment concerns bank- at the time. No Senator read the PA- in this body. We are abdicating those ing records. Madam President, 8 mil- TRIOT Act. It did not go through the responsibilities. lion banking records have been looked standard procedure. We are not debating the PATRIOT at in our country—not by the govern- Let’s look at what is happening now. Act sufficiently. We are not having an ment. They have empowered your bank Ten years later, you would think the open amendment process. It took me 3 to spy on you. Every time you go into fear and hysteria would have gotten to days of sitting down here filibustering, your bank, your bank is asked to spy such a level that we could go through but I am going to get two amendment on you. If you make a transaction of the committee process. Senator votes. I am very happy and I am more than $5,000, the bank is encour- LEAHY’s bill went to committee. It was pleased we came together to do that. I aged to report you. If the bank does deliberated upon. It was discussed. It wish we would do more. I wish Senator not report you, they get a large fine, to was debated. It was passed out with bi- LEAHY’s bill was being voted on here on the tune of $100,000 or more. They could partisan support. It came to the floor the floor. I wish there were a week’s get 5 years in prison. They are over- with bipartisan support. But do you worth of debate. encouraged. The incentive is for the know why it is not getting a vote now? The thing is, we come here to Wash- bank to report everyone. So once upon Because they have backed us up ington expecting these grand debates. I a time, these suspicious-activity re- against a deadline. have been here 4 months. I expected

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You they can beat somebody else, then they ity reports—8 million of them have are not told if your bank has been spy- allow the vote to come to the floor. been filed in the last 8 years. The gov- ing on you. If your bank has put in a But some, like Senator LEAHY’s bill—I ernment does not have to ask for this; suspicious-activity report, you are not am suspicious that it is not going to be it is sort of like they have deputized informed of that. voted on because they may not be able the banks. The banks have now become So the bottom line is, just because to beat it. I support it. sort of like police agencies. The banks there is no complaint does not mean So the question is, Should we have are expected to know what is in the there have not been abuses. There is some more debate in our country? We Bank Secrecy Act. They are expected something called national security let- have important issues pressing on us. I to know thousands of pages of regula- ters. These are written by officers of have been here for 4 months, and I am tions. But do you know what they tell the law, by FBI agents. There is no re- concerned about the future of our your bank. If you do not report every- view by judges. There have been 200,000 country because of the debt burden, be- body, if you do not report these trans- of these. There has been an explosion of cause of this enormous debt we are ac- actions, we will fine you, we will put these national security letters, and we cumulating. But are we debating it you in jail, or we will put you out of do not know whether they are being fully? Are we talking about ways we business. abused because they are a secret. could come together, how Republicans That is a problem. It is a real prob- In fact, here is how deep the secret and Democrats, right and left, could lem that that is what has come of this. goes. When the PATRIOT Act was come together to figure out this crisis I think we need to have procedural pro- originally passed, you were not allowed of debt? No. I think we are so afraid of tections. to tell your lawyer. If the government debate but particularly with the PA- Madam President, if at this point came to you with an FBI agent’s re- TRIOT Act. there is a request from the Senator quest, you could not even tell your The thing with the PATRIOT Act is from Illinois to yield for a question or lawyer. This, is very disturbing. They that it is so emotional because anyone a comment, I would be happy to, if it is finally got around to changing that. who stands up, like myself, and says we about the PATRIOT Act. But you know what. If I had an Inter- need to have protections for our people, OK. The amendments I will be pro- net service, if I am a server and they that we should not sift through the posing will be about two things, and we come to me with a policeman’s request, records of every gun owner in America, will have votes on them. We have been and they say: Give us your records—if looking and just trolling through given the time to debate, which I am I tell anyone other than my attorney, I records—interestingly, we have looked glad we fought for. We will basically be can go to jail for 5 years. at 28 million electronic records, when given a virtually insurmountable hur- What we have is a veil of secrecy. So the inspector general looked at this—28 dle. This will be maybe the first time even if the government is abusing the million electronic records. We have in recent history I remember seeing powers, we will never know. How much looked at 1,600,000 texts. If you said to this, but they will move to table my time remains? me: Well, they asked a judge, and they amendments. In order for me to defeat The PRESIDING OFFICER. The Sen- thought these were terrorists, I do not the tabling motion, I will have to have ator has 8 minutes remaining. have a problem. The judge gives them a 60 votes. It is similar to the votes we Mr. PAUL. Does the Senator from Il- warrant, and they look at these text have when you have to overcome a clo- linois wish to interject? messages or electronic records. But do ture vote or you have to overcome a Mr. DURBIN. I understand there is you want them trolling through your filibuster. But we really are not having time on the other side as well. Facebook? Do you want them trolling any vote where there is a possibility of The PRESIDING OFFICER. There is through your e-mails? Do you want a me winning. There is really a forgone 28 minutes on the majority side. government that is unrestrained by conclusion. The votes are counted in Mr. DURBIN. I would like to speak law? advance. on the majority’s time. This ultimately boils down to wheth- I am proud of the fact that I fought Mr. PAUL. I will finish up then. As er we believe in the rule of law. So for, though, and we got some debate on we go forward on these, I would hope often we give lipservice to it on our the floor and that maybe in bringing there would be some deliberation and side and the other side, and everybody this fight, the country will consider that the vote, as it goes forward, peo- says: We believe in the Constitution and reconsider the PATRIOT Act. But ple will think about that we need to and the rule of law. When you need to we need to have more debate. Senator balance our freedoms with our secu- protect the rule of law is when it is LEAHY’s bill needs to be fully debated rity. I think we all want security. No- most unpopular. When everybody tells and needs to come out. Maybe when body wants what happened on 9/11 to you that you are unpatriotic or you are there is not a deadline, maybe it will happen again. for terrorism because you believe in come forward. Maybe we can have some But I think we do not need to sim- the Constitution, that is when it is discussion. plify the debate to such an extent that most precious, that is when it is that But I guess most of my message is we simply say we have to give up our you need to stand up and say no. that we should not be fearful. We liberties. For example, I cannot tell We can fight. We can preserve our should not be fearful of freedom. We you how many times people have come freedoms. We are who we are because of should not be fearful of individual lib- up to me in Washington, unelected offi- our freedoms and our individual liberty. And they are not mutually exclu- cials, and said: We could have gotten erty. If we give that up, we are no dif- sive. You do not have to give up your Moussaoui, the 19th hijacker, if we had ferent from those whom we oppose. liberty to catch criminals. You can the PATRIOT Act. Those who wish to destroy our country catch criminals and terrorists and pro- The truth is, we did not capture want to see us dissolved from within. tect your liberty at the same time. Moussaoui because we had poor police We dissolve from within when we give There is a balancing act. But what we work. Ask yourself: Did we fire any- up our liberties. We need to stand and did in our hysteria after 9/11 was we did body after 9/11? We gave people gold be proud of the fact that in our country not do any kind of balancing act. We medals. We gave them medals of honor it is none of your darn business what just said: Come and get it. Here is our for their intelligence work after 9/11. we are reading. It is none of your busi- freedom, come and get it. We do not To my knowledge, not one person was ness where we go to see a doctor, what care whether there is review in Con- fired. movie we see, or what our magazines gress. We do not care whether there is Do you think we were doing a good are. It is nobody’s business here in to be an inspector general looking at job before 9/11? We had the 19th hi- Washington what we are doing. If they this. jacker in prison, in custody for a

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Was it because we did not have go out and say the Senator from Ken- burning. Congress responded and the prerogative? They did not ask. An tucky does not want to capture terror- passed it with an overwhelming bipar- FBI agent in Minnesota wrote 70 let- ists or the Senator from Kentucky tisan vote. It was a unique moment in ters to his superiors saying: Ask for a wants people to have guns and to at- our history. But even then we were warrant. His superiors did not ask for a tack us because the thing is, we can concerned enough to put a sunset and warrant. Do you think we should have have reasonable philosophical debates to do our best to review it in the future done something about that after 9/11? about this, but we need to be having an to determine whether it went too far We gave everybody in the FBI and open debate process. We need to talk when it came to our freedoms. I voted the CIA medals. We gave the leaders about the constitutional protections, for it, but I soon realized that it gave medals for meritorious service, and no the provisions that protect us all, and too much power to government with- one blinked an eye. What did we do? We we need to be aware of that. out enough judicial and congressional passed the PATRIOT Act and said: I tell people: You cannot protect the oversight. Come and take our liberties. Make us second amendment if you do not be- So 2 years after the PATRIOT Act safe. But to make us safe, we should lieve in the fourth amendment. You became law, I joined a bipartisan group not give up our rights to protect what cannot protect the second amendment of Senators in introducing the SAFE we read, to protect what we view, to if you do not believe in the first Act, legislation to reform the PA- protect where we go and who we asso- amendment. It is all incredibly impor- TRIOT Act. The SAFE Act was sup- ciate with. We should not allow govern- tant. ported by advocates from the left and ments to troll willy-nilly through mil- I hope as we go forward on this vote, right, from the ACLU to the American lions of records. and even though I will likely fail, be- Conservatives Union. Progressive You have heard of wireless wiretaps. cause of the way the rules are set up on Democrats and very conservative Re- A lot of these things are unknown be- the vote, I hope as we go forward that publicans came together across the cause they are so secret that nobody at least somebody will begin to discuss partisan divide understanding Ameri- knows. Even many of us do not even this, somebody will begin to discuss cans can be both safe and free. know the extent of these things. But I where we should have some constitu- We wanted to retain the expanded can tell you, there is a great deal of tional restraint; that Senator LEAHY powers of the PATRIOT Act but place evidence that we were looking at mil- will have a chance to bring his bill for- some reasonable limits to protect con- lions of records and that millions of in- ward, and that there will be a full and stitutional rights. When he joined the nocent U.S. citizens are having their open debate. Senate in 2005, Senator Barack Obama records looked at. I hope we have cracked the door open became a cosponsor of our SAFE Act. Now, are we doing anything? Are we Here is what he said as a Senator: imprisoning innocent folks? No, I do and I have been a small part of that. I yield back my time. not think we are doing that. I think We don’t have to settle for a PATRIOT Act The PRESIDING OFFICER (Ms. that sacrifices our liberties or our safety. We they are good people. I think the peo- KLOBUCHAR.) The Senator from Illinois. can have one that secures both. ple I have met in the FBI, the people I Mr. DURBIN. Madam President, it is have met in our government want to do I agree with then-Senator Obama. In my understanding that we have a con- the right thing. But what I am fearful 2006, the first time Congress reauthor- sent that will allow Senator PAUL to of is that there comes a time when we ized the PATRIOT Act, some reforms offer two amendments, and then we have given up these powers—for exam- from the SAFE Act were included in will go to final passage on this reau- ple, the constitutional discussion over the bill, and I supported it. However, thorization of the PATRIOT Act. war. many key protections from the SAFE If we say: Well, Libya is just a small The PRESIDING OFFICER. That is Act were not included, so there are war. We do not care. We say Congress correct. still significant problems. has no say in this. What happens when Mr. DURBIN. I will oppose the The FBI is still permitted to obtain a we get a President who decides to send amendments offered by Senator PAUL, John Doe roving wiretap that does not 1 million troops into war and we sim- and then oppose the reauthorization of identify the person or the phone that ply say: Who cares. You know, we let the PATRIOT Act. I would like to ex- will be wiretapped. In other words, the the President do whatever he has to do plain in my remarks why. FBI can obtain a wiretap without tell- because he has unlimited powers. I voted for the PATRIOT Act in the ing a court who they want to wiretap We fought a war, we fought long and year 2001. In fact, there was only one or where they want to wiretap. hard to restrict—we wanted an Execu- Senator on the floor—who no longer In garden variety criminal cases, the tive that was bound by the chains of serves—who voted against it. It was a FBI is still permitted to conduct the Constitution. We wanted a Presi- moment of national crisis. We were sneak-and-peak searches of a home dency, an executive branch that was told then by the Bush administration without notifying the homeowner bound by the checks and balances. they needed new authorities to make about the search until a later time. We That is what our Constitution is about. certain that America would be safe and now know the vast majority of sneak- It is about debate. Debate is important. never attacked again. and-peak searches take place in cases Amendments are important. Bringing I want to salute Senator PATRICK that do not involve terrorism in any forward something from committee LEAHY, as well as his counterparts on way. that would have reformed the PA- both sides of the aisle, who worked A national security letter, or NSL, is TRIOT Act is incredibly important, to night and day to put together a bipar- a form of administrative subpoena have those debates on the floor of the tisan version of this PATRIOT Act and issued by the FBI. We often hear NSLs Senate. had the good sense to include in it a compared to grand jury subpoenas. But That is why there is a certain sunset. We knew we were writing a law unlike a grand jury subpoena, a na- amount of disappointment to having with high emotion over what had hap- tional security letter is issued without arrived in Washington and to see the pened to our country. We wanted to the approval of a grand jury or even a fear of debate of the Constitution, and make sure it was a good law, but we prosecutor. And unlike the grand jury that we need to be debating these made certain it would be temporary in subpoena, the recipient of an NSL is things. We need to have full amend- nature, for the most part, and we would subjected to a gag order at the FBI’s ments. return and take another look at it. I discretion. Can there be any excuse why the in- cannot vote for an extension, a long- The PATRIOT Act also greatly ex- spector general should not be reviewing term extension, of the PATRIOT Act panded the FBI’s authority to issue

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An NSL now allows the FBI to ator PAUL’s amendment concerning the financial institution, and also obtain sensitive personal information suspicious activity reports, or what is there has to be some follow-on proce- about innocent American citizens, in- referred to as SARS. dure to determine that there is reason cluding library records, medical This amendment would prevent the for the government to get hold of the records, gun records, and phone records Department of Treasury from requiring financial records of this individual. even when there is no connection what- any financial institution to submit a In my mind, this amendment would soever to a suspected terrorist or spy. suspicious activity report unless law put law enforcement in an unaccept- The Justice Department’s inspector enforcement first requests the report. able and unreasonable position. At the general concluded that this standard If this amendment should become law, same time we are asking them to pur- ‘‘can be easily satisfied.’’ This could it will effectively take away one of the sue swindlers and money launderers lead to government fishing expeditions government’s main weapons in the bat- more aggressively, we need to preserve that target innocent people. tle against money laundering and other the requirement that financial institu- For years we have been told there is financial crimes. tions report suspicious activities. We no reason to be concerned about this It will also negatively impact our ef- need to follow up on these leads not broad grant of power to the FBI. In forts to detect and follow the flow of just from a criminal law enforcement 2003, then-Attorney General Ashcroft funds to and from international terror- perspective but from a national secu- testified to our committee that librar- ists. It is important to remember that rity perspective as well. ians raising concerns about the PA- SARS are essentially tips from third- Since 9/11, I have been involved with TRIOT Act were ‘‘hysterics’’ and that party financial institutions concerning the Intelligence Committee all of those ‘‘the Department of Justice has neither suspicious transactions. Because law years. We do extensive oversight on the staffing, the time, nor the inclina- enforcement is not watching the finan- this particular provision in the PA- tion to monitor the reading habits of cial transaction of every American on TRIOT Act, as well as other provisions. Americans.’’ But we now know the FBI a daily basis 24/7, they often have no We have hearings on this from time to has, in fact, issued national security idea that a person is even engaged in a time, and we require the law enforce- letters for the library records of inno- financial crime until they receive a ment officials to come in and talk to us cent people. suspicious activity notification from a about what they are doing. To my knowledge, there has never been one For years we were told the FBI was financial institution. In a sense, SARs complaint or abuse that has been not abusing this broad grant of power. are not much different than the tips shown from the use of this particular But in 2007, the Justice Department’s that law enforcement often receives provision. This particular provision is own inspector general has concluded from anonymous sources. These tips or working exactly the way we intended it the FBI was guilty of ‘‘widespread and leads can often form the basis for initi- to work. It is a valuable tool for our serious misuse’’ of the national secu- ating investigations that can be used rity letter’s authority and failed to re- law enforcement. to neutralize criminal or terrorist ac- Let me speak also about amendment port these abuses to Congress and the tivities. No. 363, which is Senator PAUL’s White House. The problem with this amendment is amendment concerning firearms The inspector general reported that that it would require the government the number of national security letter records. Simply put, this amendment to look into a crystal ball in order to requests has increased exponentially would make it more difficult for na- figure out when they should request a from about 8,500 the year before enact- tional security investigators to prevent SAR. With this logic, we should only ment of the PATRIOT Act to an aver- an act of terrorism inside the United allow law enforcement to act on an age of more than 47,000 per year, and States. The amendment would prohibit anonymous tip unless they ask for the even these numbers were significantly the use of a FISA business records tip to be reported first. If a law en- understated. court order to obtain firearms records We can be safe and free. I think it is forcement or intelligence officer in the possession of a licensed firearms important that the measure that doesn’t get a tip about suspicious ac- importer, manufacturer, or dealer. In- passed the Senate Judiciary Com- tivity, how in the world is he going to stead, national security investigators mittee should have been on the Senate know when it occurred in the first could only obtain such records through floor. It included an amendment which place? The answer here is simple: They a Federal grand jury subpoena during I offered with Senator LEAHY and other will likely never know it occurred until the course of a criminal investigation provisions which I think are an im- the criminal activity has occurred, and or with a search warrant issued by a provement over the current bill before maybe it will even go undetected. Federal magistrate upon a showing of us. Look, for example, at the 9/11 hijack- reasonable cause to believe that a vio- I will say one quick word about the ers. There was a minimum of 12 to 13 of lation of Federal firearms laws has oc- amendment by Senator PAUL. I do not those individuals who came into and curred. That might not always be pos- believe it is in our Nation’s best inter- out of the United States over a period sible. ests to exempt gun records from ter- of time. Money was transferred to and For example, before MAJ Nidal rorist investigations. For goodness’ from those individuals over a period of Hasan began his deadly assault against sake, when we are dealing with peo- time. Under the requirements pre-PA- innocent military and civilian per- ple—terrorists using guns—searching TRIOT Act, there was no suspicious ac- sonnel at Fort Hood, TX, in November the records to make certain that we tivity detected. But after the enact- 2009, there was no evidence that he had know the source of those guns and ment of the PATRIOT Act, there would violated any criminal or Federal fire- whether there are any other threats to be reason now for any financial institu- arms laws. Thus, the FBI could not this Nation is reasonable to do. tion to suspect the potential for sus- have relied on title 18 to obtain infor- These should not be so sacred and picious activity from those transfers of mation about Hasan’s purchase of the sacrosanct that we do not ask the hard moneys. firearms used in the attack. questions when our Nation’s security is That is exactly why we did what we As we have since learned, however, at risk. I would agree with him that we did in the PATRIOT Act, and that is there was likely enough intelligence ought to make certain there is a con- one of the reasons why we have not information to open a preliminary in- nection between that request for gun seen a subsequent direct attack on U.S. vestigation on Hasan because of his record information and a suspected ter- soil from individuals who had been in contacts with a known al-Qaida mem- rorist or spy. But to say these records the United States and have received ber in Yemen, and seek a section 215 cannot be asked for under the PA- money through transfers, or whatever order for information about his gun TRIOT Act goes too far. That is why I it may be. Let’s don’t forget that sec- purchases. I don’t understand why we will oppose his amendment. tion 215 business records cannot be ob- would take this tool away from na- I yield the floor. tained in an arbitrary manner. There tional security investigators, espe- The PRESIDING OFFICER. The Sen- has to be, first of all, a determination cially, here again, where there has been ator from Georgia is recognized. that there is some international con- no indication of any abuse of this au- Mr. CHAMBLISS. I rise to speak in nection between the individual whose thority with respect to firearms or opposition to Amendment No. 365, Sen- account has been deemed suspicious by other sensitive records.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3396 CONGRESSIONAL RECORD — SENATE May 26, 2011 Congress has conducted extensive and intrusive compilation of firearms-re- timately passed, S. 193, which forms oversight of the PATRIOT Act and lated records by several Federal agencies, the core of the Leahy-Paul amendment FISA authority, and there have been and will continue to protect the privacy of of which I am a cosponsor. We put no reports of any widespread abuse or our members and all American gun owners. those provisions before this Chamber. I While well-intentioned, the language of misuse, and no reports that the govern- this amendment, as currently drafted, raises am disappointed we don’t have consent ment has ever used these authorities to potential problems for gun owners, in that it to move forward in order to have time violate second amendment rights. encourages the government to use provisions to debate these reforms to the PA- Moreover, the protections detailed in in current law that allow access to firearms TRIOT Act. As Americans, the choice section 215 ensure that second amend- records without reasonable cause, warrant, between liberty and safety is not one ment rights are fully respected in the or judicial oversight of any kind. Based on or the other. We expect and demand use of this authority. Unlike in crimi- these concerns, and the fact that the NRA both. Balancing the two responsibly re- nal investigations where a Federal does not ordinarily take positions on proce- quires careful consideration to each. grand jury may issue a subpoena for dural votes, we have no position on a motion to table amendment No. 363. We must be cognizant of our Nation’s firearms records, any request for very real enemies who intend to do us records under section 215 must first be For those reasons, I intend to vote harm, just as they did on September 11. approved by the Foreign Intelligence against both of these amendments. It was awareness of this danger in the Surveillance Court. As with all other While I appreciate the intent and the world that motivated this Congress, as section 215 records, the court must find emotion with which my friend Senator we have heard in previous speeches, to that such records are relevant to an PAUL comes to the floor to advocate, enact the PATRIOT Act, nearly 10 authorized national security investiga- we need to make sure we get these ex- years ago now, in the wake of those at- tion. This means the FBI cannot use tensions in place immediately, so we tacks. A grave new threat called for this authority in a domestic terrorism have no gap in the coverage available bold new authorities. Though I was not investigation, nor can the FBI ran- to our intelligence community, and then in the Senate, I likely too would domly decide to see whether an ordi- that we continue to give them the have voted for its passage. nary citizen or even a vocal advocate of tools they need to protect America and But this body’s passage of that act the second amendment owns a firearm. protect Americans. did not amount to a permanent choice There are two additional oversight The PRESIDING OFFICER. The Sen- of security over liberty. Because of the safeguards that are built into the sec- ator from Delaware is recognized. broad scope of the new authorities in tion 215 process. First, each request for Mr. COONS. Madam President, I ask the PATRIOT Act, the bipartisan these sensitive records by the FBI can unanimous consent that the Senate drafters of the bill insisted upon plac- only be approved by one of three high- proceed to the consideration of S. 1114, ing key sunset provisions in the bill to level FBI officials—the Director, the a short-term one-month PATRIOT Act ensure that Congress periodically re- Deputy Director, or the Executive As- sunset extension bill, which is cur- viewed how they were being used and sistant Director for National Security. rently at the desk; that the bill be read assessed whether they were still essen- Second, there are also specific re- the third time, and passed; that the tial to our security. porting requirements that are designed motion to reconsider be laid upon the Even in the unnerving weeks after to keep Congress informed about the table, with no intervening action or de- 9/11—an extraordinary time in the his- number of orders issued for these types bate. tory of this Congress and this Nation— of sensitive records. The PRESIDING OFFICER. Is there the authors of the PATRIOT Act knew One of the big lessons we learned objection? that the powers they were granting after the 9/11 terrorist attacks was that Mr. CHAMBLISS. I object. needed to be monitored. we needed to make sure national secu- The PRESIDING OFFICER. Objec- Sunsets are critical to ensuring that rity investigators had access to inves- tion is heard. the PATRIOT authorities are not tigative tools similar to those that Mr. COONS. I am disappointed my abused by the government. They are have long been available to law en- unanimous consent request was not critical. forcement. Section 215 of the PATRIOT agreed to. I wish to explain my action It’s because of sunsets that every 4 Act addresses that need. It provides an here today. The comments I am about years, the FBI must return to Congress alternative way to obtain business to give are an explanation of a vote I and justify its use of the PATRIOT Act records, including firearms records, in intended to take later today. overall and three provisions in par- situations where there may be a na- As Senator CHAMBLISS said just be- ticular: the roving wiretap, the lone tional security threat but not yet a fore me, the powers of the PATRIOT wolf authority, and § 215 orders, which criminal investigation or violation. Act are too important for us to risk allow the government to demand vir- I have long been a strong supporter their expiration as this body considers tually any document or other evidence of the second amendment. There is no- whether to amend them or revise them. pertaining to an individual from a body in this body who has a better vot- I could not agree more. third party. ing record on the second amendment I offered a 1-month extension in order Sunsets only work, however, if we in than I do. Probably nobody here owns that this body may take the time that Congress have the innate courage to as many guns as I own, but I use them is needed and deserved to seriously de- ask the difficult questions when they for legal and lawful purposes. I will bate and conduct oversight over the arise. If, instead, Congress shies away work with the National Rifle Associa- PATRIOT Act. This is a significant from the tough debate and simply ex- tion and any citizen group to make piece of national security legislation tends the sunsets for another 4 years, sure that neither this law nor any Fed- that I believe is worthy of further con- we surrender our responsibility to con- eral law is misused to infringe on the sideration and debate. sider whether specific provisions second amendment rights of any law- Law enforcement agencies—Federal, should be amended, reauthorized, or al- abiding citizen. But this particular State, and local—work day in and day lowed to expire. amendment would harm legitimate na- out to protect all of us from real If the proposed 4-year extension tional security investigations. threats that go largely unknown and passes without amendment, it will I want to take a minute to read a let- unnoticed by most Americans. I want have been 9 years before Congress votes ter I received from Chris Cox, execu- law enforcement to have all the appro- on reforms to PATRIOT—9 years. tive director of the National Rifle As- priate tools in their toolbox to accom- What is the point of having sunsets sociation: plish this goal. in this bill if we are going to ignore our DEAR SENATOR CHAMBLISS: Thank you for Unfortunately, there are also, in my oversight responsibilities? asking about the National Rifle Associa- view, legitimate concerns about the Regretfully, I cannot support any tion’s position on a motion to table amend- legislation on which we are about to measure that extends controversial and ment No. 363 to the PATRIOT Act. The NRA takes a back seat to no one when it comes to vote—concerns that my colleagues and searching PATRIOT authorities until protecting gun owners’ rights against gov- I, including the occupant of the chair, 2015 if this body does not first consider ernment abuse. Over the past three decades, on the Judiciary Committee, reviewed whether the act is in need of amend- we fought successfully to block unnecessary and addressed in detail, and in a bill ul- ment. And so I must.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3397 The Judiciary Committee did exactly sent a letter to Congress expressing the The FBI includes SAR data in its In- what it is supposed to do and has view that legislation almost identical vestigative Data Warehouse to iden- worked for months on improving the to Leahy-Paul ‘‘strikes the right bal- tify: PATRIOT Act ahead of this deadline. It ance by both reauthorizing these essen- financial patterns associated with money was a difficult, bipartisan debate but tial national security tools and en- laundering, bank fraud, and other aberrant the bill we produced is strong and de- hancing statutory protections for civil financial activities. served to be considered by the full liberties and privacy in the exercise of Second, Organized Crime Drug En- these and related authorities.’’ body. Chairman LEAHY deserves credit forcement Task Force’s Fusion Center These reforms make our Nation more for crafting a set of commonsense, re- combines SAR data with other data to: sponsible amendments. secure because they strengthen our In each of the last two Congresses, place in the world as the cradle of lib- produce comprehensive integrated intel- the Judiciary Committee reported a bi- erty. ligence products and charts. partisan PATRIOT reauthorization I don’t want to repeal the PATRIOT Third, the IRS uses SARs to identify: bill. In each case, the bills would have Act, but at this moment we have a financial crimes, including individual and made important revisions to PATRIOT choice, and a chance—our last chance corporate tax frauds and terrorist activities. for 4 years—we can push forward with a without compromising national secu- We received a letter just today from rity. Also in each case, the bills were bill that does nothing to improve PA- TRIOT—nothing to factor in every- the Attorney General of the United reported out in plenty of time for this States strongly opposing this amend- full body to consider them. In each thing that is changed in the last 5 years, or we can vote down this long- ment of Senator PAUL, and this is what case, no floor action was taken until the Attorney General says: such a late hour that meaningful de- term extension, vote for a short-term bate over the expiring provisions has extension and move to debate of the re- SARs are a critical tool for our national security and law enforcement professionals. been precluded. forms that the Judiciary Committee has already worked up. SARs are used to alert intelligence and law The Judiciary-reported bill, S. 193, enforcement personnel to issues that war- which forms the basis of the Leahy- The PATRIOT Act is important to our national security, but I cannot sup- rant further investigation and scrutiny. The Paul amendment, deserves consider- purpose of the SAR regime is to require fi- ation. It deserves consideration be- port the abdication of Congress’s role nancial institutions to report on suspicious cause our serious consideration of rein strengthening it. activities based on information that is solely If I might, in summation, simply say forms sends the strong message that within their possession. Prior to the filing of this: If we were today to pass a 4-year the PATRIOT authorities are not a a SAR, our law enforcement and intelligence extension, without amendment or revi- blank check, that we in Congress are analysts often are not aware that a par- sion, it will have been 9 years that Con- ticular bank account or individual may be watching closely to make sure that the gress does not act in any substantive associated with criminal activity or may be use of PATRIOT is consistent with our way on the amendments. I join Senator engaged in activities that pose a threat to shared national respect for individual LEAHY in intending to vote ‘‘no’’ today, national security, such as the funding of ter- liberty and freedom. not because I believe the PATRIOT Act rorist activities. The Leahy-Paul amendment also de- is fundamentally flawed or because I Then the Attorney General goes on: serves consideration because the last 5 believe the United States doesn’t face years have shown us that substantive Conditioning the filing of SARs upon a re- real enemies, but because I think this revisions to PATRIOT are called-for quest from law enforcement would under- Congress has not taken seriously its mine this purpose. By definition, SARs are and, indeed, necessary. I would like to very real oversight responsibilities, its designed to alert law enforcement to infor- speak briefly about just one necessary need to strike that balance. The Judi- mation not otherwise within its possession. change, those to the national security ciary Committee did that hard work. The Paul amendment, No. 365, is very letter program. For this Congress to not amend this National security letters, or NSLs short, but what it does is say you must bill with the simple balanced and rea- are administrative subpoenas that have a request of an appropriate law sonable amendment offered in the allow the government to demand sub- enforcement agency for the report be- Leahy-Paul amendment, I believe I am fore there is a requirement to file a scriber information from third parties compelled to strike the balance be- without even having to go to a judge. suspicious activity report. As the At- tween security and liberty on the side torney General points out in his letter, These orders are also extraordinary in of liberty today, by saying this body that they prohibit recipients from tell- that would totally undermine the pur- has failed to act and to appropriately pose of the SAR requirement. ing anyone of their existence. conduct thorough oversight of this bill In 2007 and 2008, the Department of Finally, the Attorney General points before we send it 4 years into the fu- out the following: Justice inspector general found mas- ture. sive abuses in the NSL Program, with I yield the floor. How much time do I have remaining, tens of thousands of NSLs issued for Mr. LEVIN. Madam President, how Madam President? purposes that had nothing to do with much time is left? The PRESIDING OFFICER. The Sen- national security. Further, in 2008, a The PRESIDING OFFICER. There is ator has 2 minutes 12 seconds. court found that the gag order in each 51⁄2 minutes. Mr. LEVIN. I thank the Chair. NSL was unconstitutional. Mr. LEVIN. I thank the Chair. The Attorney General further points Plainly, NSLs are in need of revision, Madam President, I rise in opposition out: both to bring them in line with the to the amendment of Senator PAUL, Constitution and to guard against No. 365. This amendment would effec- It is also important to note that SARs themselves are confidential under law (i.e., abuses that have nothing to do with tively wipe out a critical tool used not available to the public) and cannot be national security. I support legislation against terrorists and drug traffickers. used as evidence. They contain information that would require that DOJ maintain I want to explain exactly what these that, if used by law enforcement personnel, sufficient internal guidelines to ensure suspicious activities reports are and must be further investigated and proven be- that NSLs are only issued when the why they are so essential to the FBI fore adverse action is taken. The reports are agents issuing them state facts that and other law enforcement people. only made available to law enforcement, in- show relevance to national security. I First of all, who uses them? FBI, or- telligence, and appropriate supervisory agen- also favor amending the gag order so ganized crime units, drug trafficking cies under applicable authorities and are subject to the protections of Federal law. that any recipient can immediately task forces, border security, Secret challenge it in court. Service, State and local police, and the Madam President, I ask unanimous These simple reforms as well as the intelligence community all use these consent to have printed in the RECORD others contained in the Leahy-Paul SARs. Second, what are they used for? a copy of the letter from the Attorney amendment, do not make our Nation There was a report from the GAO in General. more vulnerable to attack. That is 2009 which said the following: How are There being no objection, the mate- why, in 2010, the Attorney General and SARs used? They gave a number of ex- rial was ordered to be printed in the the Director of National Intelligence amples: RECORD, as follows:

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3398 CONGRESSIONAL RECORD — SENATE May 26, 2011 OFFICE OF THE vestigating and prosecuting terrorism, pecially in a context where there is no ATTORNEY GENERAL, major money laundering offenses, and serious claim that these legal authori- Washington, DC, May 26, 2011. other serious crimes. ties have been misused. Hon. HARRY REID, The Bank Secrecy Act authorizes How does the system work now, as a Hon. MITCH MCCONNELL, U.S. Senate, Washington, DC. Treasury to require financial institu- practical matter? Let’s say a drug deal- DEAR LEADERS REID AND MCCONNELL: I un- tions to report suspicious activity to er comes into a bank with $9,000 in derstand that Senator Paul may offer an law enforcement. In response, the cash and the cash reeks of marijuana. amendment today to S. 990 which would Treasury Department has created an Under current law, the teller is trained modify Section 5318(g)(1) of Title 31, United extensive and effective system for to flag that transaction, and compli- States Code, to allow for the issuance of Sus- banks, casinos, securities firms, money ance officers in the bank’s back office picious Activity Reports (‘‘SARs’’) by finan- service businesses, and other financial would assess it and likely file a SAR, cial institutions ‘‘only upon request of an ap- institutions to file SARs that are regu- to be examined by law enforcement. propriate law enforcement agency. . . .’’ I Let’s say that the same person does write to express the Department’s serious larly reviewed by law enforcement. concerns about such an amendment. SARs are used by the FBI, organized this in four or five banks in town that SARs are a critical tool for our national crime units, drug trafficking task same afternoon, with the same security and law enforcement professionals. forces, border security, Secret Service, amounts, structured to be just below SARs are used to alert intelligence and law State and local police, and more. They reporting limits, reeking of marijuana. enforcement personnel to issues that war- have enabled the prosecution of a great Now he is effectively laundered almost rant further investigation and scrutiny. The number of serious crimes over the $50,000 in one day. I would say we at purpose of the SAR regime is to require fi- least want to know about that, and the nancial institutions to report on suspicious years. activities based on information that is solely Law enforcement agencies use SAR system now enables that. Under this within their possession. Prior to the filing of data daily to fight terrorist financing, amendment, that would all go by the a SAR, our law enforcement and intelligence money laundering, drug trafficking, boards. analysts often are not aware that a par- corruption, financial fraud, mortgage Let’s say the person is a terrorist ticular bank account or individual may be fraud, and illicit money flows of all conspirator or arms proliferator. Same associated with criminal activity or may be types. A 2009 GAO report gave these ex- scenario, only this time with a twist— engaged in activities that pose a threat to amples of how SARs are used: a series of large structured cash depos- national security, such as the funding of ter- FBI includes SAR data in its Investigative its in a series of banks here on the rorist activities. same day, that are then the next day Conditioning the filing of SARs upon a re- Data Warehouse to identify ‘‘financial pat- quest from law enforcement would under- terns associated with money laundering, wired to the same overseas account in mine this purpose. By definition, SARs are bank fraud, and other aberrant financial ac- Pakistan or Afghanistan or Iraq, with- designed to alert law enforcement to infor- tivities.’’ It uses SAR data to investigate drawn by a coconspirator there, and mation not otherwise within its possession. ‘‘criminal, terrorist, and intelligence net- used to buy IEDs to hit U.S. troops. By placing the onus on law enforcement to works.’’ Would we not want those trans- request information—about which it is un- The Organized Crime Drug Enforcement actions at least flagged by responsible aware—this amendment would take away Task Force’s Fusion Center combines SAR data with other data to ‘‘produce comprehen- bank officials and assessed for pat- from law enforcement a critical building terns? I think so, and I think my col- block of financial investigations and ter- sive integrated intelligence products and rorist financing intelligence. In this way, the charts.’’ leagues will agree. proposed amendment would severely under- The IRS uses SARs to identify ‘‘financial If the thresholds in this amendment mine the usefulness of the SAR regime, and crimes, including individual and corporate were implemented, very few SARs eliminate an effective tool in the fight tax frauds, and terrorist activity.’’ would be filed because there would be against financial fraud and, critically, ter- The Secret Service uses SAR data to ‘‘map no reason for law enforcement to re- rorism. and track trends in financial crimes.’’ quest that SARs be filed after identi- It is also important to note that SARs Sharply restricting current law and fying suspicious activity by other themselves are confidential under law (i.e., longstanding practice, this amendment means. Law enforcement would instead not available to the public) and cannot be would only authorize the reporting of obtain a search warrant to obtain all used as evidence. They contain information SARs after a law enforcement agency that, if used by law enforcement personnel, relevant information—i.e., the under- must be further investigated and proven be- makes a specific request of a bank, lying bank records—from the financial fore adverse action is taken. The reports are money service business, or other enti- institution. only made available to law enforcement, in- ty, which would in turn require a dem- The amendment would also cause the telligence, and appropriate supervisory agen- onstration that suspicious activity al- United States to be in noncompliance cies under applicable authorities and are ready exists, rendering a SARS filing with international anti-money laun- subject to the protections of Federal law. moot. dering and terrorist financing stand- In sum, the current SARs regime is critical It would basically turn SARs report- ards—for instance, the recommenda- to our national security and law enforce- ing upside down by requiring law en- ment activities, while also respectful of the tions of the Financial Action Task privacy interests of Americans. forcement to establish the basis for an Force, FATF, which require suspicious For these reasons, I urge that the amend- investigation before requesting a SAR, activity reporting when a financial in- ment not be adopted. rather than relying upon a SAR to ini- stitution has reasonable grounds to Sincerely, tiate or supplement an investigation suspect criminal activity. ERIC H. HOLDER, Jr., that would then lead to a search war- This is a very serious problem. For Attorney General. rant or subpoena. years other countries have looked to us Mr. LEVIN. Madam President, the So instead of being used as leads, for guidance and best practices on Paul amendment would throw out the flagging drug or terrorism-related or these issues. This amendment would window a legitimate and useful law en- money laundering activity for law en- make the United States an outlier forcement tool. It has worked effec- forcement, under the amendment bank secrecy jurisdiction. tively. Three courts have said it is con- SARSs would simply confirm sus- SARs themselves do not unreason- stitutional. I hope the Paul amend- picious activity. That would severely ably impinge on personal privacy. The ment is tabled, and I thank the Pre- degrade their value, which is to make reports are confidential and cannot be siding Officer. law enforcement aware of potential used as evidence. They contain allega- Mr. JOHNSON of South Dakota. criminal activity. tions that must be further investigated Madam President, suspicious activity If the United States were to disable and proven before adverse action is reports, or SARs, are just what they its SAR reporting system by requiring taken by law enforcement. seem—reports by banks and other fi- individual requests for SAR reports, it The reports are only made available nancial institutions when they come would invite the worst of criminals to to law enforcement, intelligence, and across obviously suspicious activity by misuse U.S. financial institutions for appropriate supervisory agencies under one of their customers. They have their schemes, knowing their activities applicable authorities and are subject been, and continue to be, valuable lead would not automatically be reported to to the protections of the Federal Pri- information for law enforcement in in- law enforcement. It makes no sense, es- vacy Act.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3399 I urge my colleagues to oppose this would read as they did before the PA- Act, in order to obtain firearms unwise and ill-conceived amendment. TRIOT Act was passed in 2001. That records, investigators must first go Mr. UDALL of New Mexico. Mr. means they would not be revoked com- through a rigorous application process President, today’s vote to extend expir- pletely but instead would be more lim- and then seek a Federal judge’s ap- ing provisions of the so-called PA- ited in scope. And what would happen proval. Senator PAUL’s amendment TRIOT Act is not the first time Con- if the ‘‘lone wolf’’ provision expired? would remove this judicial review. gress has extended the sunset provi- Not much. In the 7 years since its en- If Senator PAUL’s amendment be- sions, nor will it be the last. In 2006, actment, it is never been used. came law and removed judicial review, the USA PATRIOT Improvement and Even if the provisions expire, they investigators would then use a grand Reauthorization Act was passed and, contain exceptions for ongoing inves- jury subpoena in order to obtain the among other things, extended until De- tigations, and the government can con- records. A grand jury subpoena is a cember 2009 the three provisions we are tinue to use those provisions beyond process that has neither a rigorous ap- discussing today. When those provi- the sunset date. This is what a recent proval process, nor judicial review. sions were set to expire, a 3-month ex- CRS report says about this: Thus, Senator PAUL’s amendment, tension was included in the Depart- A grandfather clause applies to each of the while intending to protect second ment of Defense Appropriations Act. three provisions. The grandfather clauses au- amendment rights, actually backfires Three months later, Congress passed a thorize the continued effect of the amend- in that effort. 1-year extension until February 2011. ments with respect to investigations that First, let’s talk about the rigorous As that deadline loomed, and without began, or potential offenses that took place, approval process that controls whether sufficient time to have a real debate, before the provision’s sunset date. Thus, for firearms records can be obtained under example, if a non-U.S. person were engaged we passed the extension that expires at in international terrorism before the sunset the PATRIOT Act. And remember, this midnight tonight. date of May 27, 2011, he would still be consid- process does not exist under criminal Immediately after the terrorist at- ered a ‘‘lone wolf’’ for FISA court orders law when using a grand jury subpoena. tacks of 9/11, it may have been under- sought after the provision has expired. Simi- To obtain gun records under the PA- standable that our emotions made it larly, if an individual is engaged in inter- TRIOT Act, a section 215 order is used. unlikely that we would have a ration- national terrorism before that date, he may The use of section 215 orders has been ale and deliberative debate about the be the target of a roving wiretap under FISA reviewed by the Department of Justice PATRIOT Act. But at the time, as I even after authority for new roving wiretaps Office of Inspector General, which has expired. voted against the bill, I said on the issued a report in March 2007 that out- House floor that ‘‘the saving grace here Those are pretty broad exceptions, lined the existing process; that is, the is that the sunset provision forces us to and I am fairly confident that our abil- 10 layers of review before it is even come back and to look at these issues ity to protect the Nation would consent to a Federal judge are as follows: again when heads are cooler and when tinue even if the three provisions ex- No. 1, the FBI field agent. we are not in the heat of battle.’’ pire. So let’s put the hyperbole aside No. 2, the FBI field office supervisor. But that hasn’t happened. Each time and not stoke irrational fears for polit- No. 3, the field office’s Special Agent a sunset date nears, we hear a lot of ical expediency. in Charge. highly charged rhetoric from Members I am very disappointed that we No. 4, the field office’s District Coun- in both parties and in both Chambers couldn’t have a candid debate and an sel. of Congress about how devastating it opportunity to vote on several amend- No. 5, it is then forwarded to FBI will be to our national security if we ments. With a decade of hindsight, headquarters, where it is reviewed by a let the PATRIOT Act expire. I find this more voices from very different places National Security Law Branch lawyer. to be deeply disturbing because it dem- on the political spectrum agree that No. 6, the National Security Law onstrates that 10 years after the at- the entire law bears scrutiny and de- Branch Supervisor. tacks on 9/11 we are still using fear to bate. We should no longer neglect our No. 7, the request is then sent to the prevent an open and honest debate. duty to review the full scope of a law Department of Justice’s Office of Intel- Let’s put this rhetoric aside and dis- with such serious constitutional chal- ligence for review by a lawyer. cuss the facts. First, the PATRIOT Act lenges before rushing to reauthorize it, No. 8, if the request survives these is not about to expire. Three provisions again. seven approvals, the request is sent of the law are set to expire, but the Mr. GRASSLEY. Madam President, I back to the field office for an accuracy vast majority of the authorities con- support a clean reauthorization of the review. tained in the law will remain un- expiring provisions of the USA PA- No. 9, the request is then approved by changed. TRIOT Act and against Senator PAUL’s an Office of Intelligence supervisor. Two of the expiring provisions were amendment on firearms records. Over No. 10, then one of the three highest enacted as part of the PATRIOT Act. the years, I have always supported and ranking officials in the FBI must per- Section 206 of the act amended FISA to defended the second amendment. I have sonally approve the request, either the permit multipoint, or ‘‘roving,’’ wire- consistently voted to ensure that the Director, the Deputy Director, or the taps. Section 215 enlarged the scope of Federal Government does not limit the Executive Assistant Director for Na- materials that could be sought under constitutional rights of the millions of tional Security. FISA to include ‘‘any tangible thing.’’ American gun owners. I cannot support After approval by the field office, the It also lowered the standard required the amendment offered today by Sen- FBI’s National Security Law Branch, before a court order may be issued to ator PAUL because it will damage the the DOJ’s Office of Intelligence, the compel their production. The third pro- prospects of ensuring that critical na- field office again, and finally by one of vision was enacted in 2004 as part of tional security laws are not reauthor- the three highest officials of the FBI, the Intelligence Reform and Terrorism ized and could potentially hurt the sec- then an Office of Intelligence lawyer Prevention Act, IRTPA. This provision ond amendment rights of American presents the application package to the changed the rules regarding the types citizens. In fact, the National Rifle As- court for approval. of individuals who may be targets of sociation said today in a vote alert, A federally appointed district judge, FISA-authorized searches. Also known ‘‘While well-intentioned, the language serving on the Foreign Intelligence as the ‘‘lone wolf’’ provision, it permits of this amendment as currently drafted Surveillance Court, FISA, reviews the surveillance of non-U.S. persons en- raises potential problems for gun own- request and holds a hearing. At this gaged in international terrorism with- ers, in that it encourages the govern- hearing, the court can ask questions out requiring evidence linking those ment to use provisions in current law and make any changes the independent persons to an identifiable foreign power that allow access to firearms records judge deems appropriate. If approved, or terrorist organization. without reasonable cause, warrant or the signed order is then returned to the Let’s also be clear about what would judicial oversight of any kind.’’ FBI field office to be served by the happen if these provisions did expire. Senator PAUL’s amendment actually agent. The two provisions from the PATRIOT removes protections from firearms This is a very long process, and it Act that amended FISA authorities owners. Currently, under the PATRIOT takes, on average, over 140 days to get

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3400 CONGRESSIONAL RECORD — SENATE May 26, 2011 a section 215 order. It requires 11 sepa- That means it is more difficult to ob- intent that this bill reauthorizes the rate approvals before any records could tain records with a section 215 order in authorities in their current form and be obtained. Yet Senator PAUL’s a national security case than it is in a does so until June 2015. amendment will completely eliminate less serious criminal case with a grand How much time remains, Madam this investigative tool. A section 215 jury subpoena. President? order provides greater protections of I don’t know why we insist on mak- The PRESIDING OFFICER. There is second amendment rights than the al- ing it harder to investigate acts of ter- 1 minute 22 seconds. ternative, which is a grand jury sub- rorism than to investigate fraud and il- Mr. REID. Who controls that time? poena as part of a criminal investiga- legal drugs. The PRESIDING OFFICER. The time tion. Section 215 orders offer more protec- is controlled by the majority, and the The alternative method of obtaining tion than what the Constitution re- Senator from Kentucky controls 2 min- firearms records is a grand jury sub- quires. The Supreme Court, in U.S. v. utes 22 seconds. poena. It is rarely used as an alter- Miller, has held that business records, Mr. PAUL. Madam President, I am native in the national security context. such as banking deposit slips or car happy to yield back the remainder of First, investigators must have a crimi- rental records or firearms records, are my time. nal nexus before it can seek a grand not subject to fourth amendment pro- Mr. REID. I yield back the majority jury subpoena. This means there must tections because the customer has no time. be either criminal activity or a Federal reasonable expectation of privacy in AMENDMENTS NOS. 363 AND 365 TO AMENDMENT firearms violation. Sometimes, when documents that are in the possession of NO. 347 investigating terrorism, no criminal third parties. Mr. REID. Madam President, I move nexus exists. Senator PAUL’s amend- The constitutional argument that a to table the pending amendment, and I ment would prevent obtaining gun section 215 order is an unreasonable ask for the yeas and nays. records in foreign intelligence inves- search in violation of the fourth The PRESIDING OFFICER. The tigations that have no criminal nexus. amendment is completely contrary to clerk will report the amendments en More often, a suspected terrorist what the Supreme Court has been say- bloc. comes across our radar long before he ing for over 35 years. Thus, section 215 The legislative clerk read as follows: ever does anything that would rise to orders offer greater protection than The Senator from Kentucky [Mr. PAUL] the level of a criminal violation. Sen- what the Constitution requires. proposes en bloc amendments numbered 363 ator PAUL’s amendment would mean There are no reported abuses of sec- and 365. that the FBI could not get information tion 215 orders. And if this tool was The amendments are as follows: that a suspected terrorist is legally being abused, people know that I would AMENDMENT NO. 363 buying firearms until after he actually be eager to hold investigators account- (Purpose: To clarify that the authority to takes the shot or does something else able. obtain information under the USA PA- criminal. At this point, it is too late to In fact, I will pledge to work with all TRIOT Act and subsequent reauthoriza- prevent an act of terrorism from occur- groups and supporters of the second tions does not include authority to obtain ring. amendment, such as the National Rifle certain firearms records) It does not make any sense to allow Association, to ensure that PATRIOT At the appropriate place, insert the fol- criminal investigators access to fire- Act authorities are not used to cir- lowing: arms records but prohibit terrorism in- cumvent existing prohibitions on ob- SEC. ll. FIREARMS RECORDS. vestigators the same access. That sce- taining U.S. citizen gun records. I sup- Nothing in the USA PATRIOT Act (Public Law 107–56; 115 Stat. 272), the USA PATRIOT port the goal Senator PAUL is trying to nario is why we in Congress acted to Improvement and Reauthorization Act of amend the law following 9/11. This is achieve, namely protecting the con- 2005 (Public Law 109–177; 120 Stat. 192), the simply another attempt to rebuild ‘‘the stitutional rights of all gun owners. USA PATRIOT Act Additional Reauthor- wall’’ between intelligence and crimi- However, his amendment goes too far. izing Amendments Act of 2006 (Public Law nal law that caused the failure con- I urge my colleagues to oppose 109–178; 120 Stat. 278), or an amendment made necting the dots prior to 9/11. amendment 363 and support a clean ex- by any such Act shall authorize the inves- Remember, these sorts of records are tension of the expiring PATRIOT Act tigation or procurement of firearms records crucial to the early stages of a terror authorities. which is not authorized under chapter 44 of investigation. It allows the govern- Mr. REID. Madam President, al- title 18, United States Code ment to connect the dots. This author- though the PATRIOT Act is not a per- AMENDMENT NO. 365 ity can only be used with prior ap- fect law, it provides our intelligence (Purpose: To limit suspicious activity re- proval from a Senate-confirmed, life- and law enforcement communities with porting requirements to requests from law crucial tools to keep our homeland safe enforcement agencies, and for other pur- time-appointed, independent, article 3, poses) Federal district court judge. I am not and thwart terrorism. While I am disappointed we were not able to include At the appropriate place, insert the fol- sure how many more times I need to lowing: any of the sensible oversight and civil repeat the fact, that records are only SEC. ll. SUSPICIOUS ACTIVITY REPORTS. provided after judicial review. liberties protections included in the Section 5318(g)(1) of title 31, United States Those who claim that there are no bill reported by the Judiciary Com- Code, is amended by inserting before the pe- controls have not read or have not un- mittee with bipartisan support, I riod at the end the following: ‘‘, but only derstood the law. strongly support the Senate’s effort to upon request of an appropriate law enforce- I trust an independent judge who can, ensure that these important authori- ment agency to such institution or person and will, say no if legal requirements ties do not expire. for such report’’. are not met, if a request appears to The raid that killed Osama bin Laden Mr. REID. Madam President, I move over-reach, or if the law does not allow also yielded an enormous amount of to table amendment No. 363 and ask for it. new information that has spurred doz- the yeas and nays. Judicial review is one very important ens of investigations yielding new leads The PRESIDING OFFICER. Is there a safeguard in place every time a section every day. Without the PATRIOT Act, sufficient second? 215 order is requested, which is the tool investigators would not have the tools There appears to be a sufficient sec- to request firearms records. This safe- they need to follow these new leads and ond. guard is over and above those that disrupt terrorist plots, putting our na- The question is on agreeing to the exist in criminal cases. A vote for the tional security at risk. motion. Paul amendment is a vote to take Finally, we have worked expedi- Mr. REID. Madam President, I am away this judicial review. tiously to pass this legislation to reau- not sure I was heard earlier. I ask No judge reviews a grand jury sub- thorize these critical intelligence unanimous consent that this vote be 15 poena before it is issued. Yet, in more tools. If for some reason this bill is not minutes and the rest 10 minutes. serious, national security cases, to ob- enacted before May 27 and there is a The PRESIDING OFFICER. Without tain firearms records, a judge must ap- brief lapse in the authorities, there objection, it is so ordered. prove the request and issue an order. should be no doubt that it is Congress’s The clerk will call the roll.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3401 The legislative clerk called the roll. BLUMENTHAL), the Senator from New The PRESIDING OFFICER (Mr. Mr. DURBIN. I announce that the Jersey (Mr. MENENDEZ), and the Sen- FRANKEN). Are there any Senators in Senator from Connecticut (Mr. ator from New York (Mr. SCHUMER) are the Chamber desiring to vote? BLUMENTHAL), the Senator from New necessarily absent. The result was announced—yeas 72, Jersey (Mr. MENENDEZ), and the Sen- I further announce that, if present nays 23, as follows: ator from New York (Mr. SCHUMER) are and voting, the Senator from New Jer- [Rollcall Vote No. 84 Leg.] necessarily absent. sey (Mr. MENENDEZ) and the Senator YEAS—72 I further announce that, if present from New York (Mr. SCHUMER) would and voting, the Senator from New Jer- each vote ‘‘yea.’’ Alexander Gillibrand McCaskill sey (Mr. MENENDEZ) and the Senator Ayotte Graham McConnell Mr. KYL. The following Senators are Barrasso Grassley Mikulski from New York (Mr. SCHUMER) would necessarily absent: the Senator from Bennet Hagan Moran each vote ‘‘yea.’’ Kansas (Mr. ROBERTS) and the Senator Blunt Hatch Nelson (NE) Mr. KYL. The following Senators are from Florida (Mr. RUBIO). Boozman Hoeven Nelson (FL) necessarily absent: the Senator from Boxer Hutchison Portman The PRESIDING OFFICER. Are there Brown (MA) Inhofe Pryor Kansas (Mr. ROBERTS) and the Senator any other Senators in the Chamber de- Burr Inouye Reed from Florida (Mr. RUBIO). siring to vote? Cardin Isakson Reid The PRESIDING OFFICER. Are there The result was announced—yeas 91, Carper Johanns Risch any other Senators in the Chamber de- nays 4, as follows: Casey Johnson (SD) Rockefeller siring to vote? Chambliss Johnson (WI) Sessions The result was announced—yeas 85, [Rollcall Vote No. 83 Leg.] Coats Kerry Shaheen YEAS—91 Coburn Kirk Shelby nays 10, as follows: Cochran Klobuchar Snowe [Rollcall Vote No. 82 Leg.] Akaka Franken Mikulski Collins Kohl Stabenow YEAS—85 Alexander Gillibrand Moran Conrad Kyl Thune Ayotte Graham Murkowski Corker Landrieu Toomey Akaka Gillibrand Merkley Barrasso Grassley Murray Cornyn Levin Vitter Alexander Graham Mikulski Baucus Hagan Nelson (NE) Crapo Lieberman Warner Ayotte Grassley Murkowski Begich Harkin Nelson (FL) DeMint Lugar Webb Begich Hagan Murray Bennet Hatch Portman Enzi Manchin Whitehouse Bennet Harkin Nelson (NE) Bingaman Hoeven Pryor Feinstein McCain Wicker Bingaman Hatch Blunt Hutchison Nelson (FL) Reed Blunt Hoeven Boozman Inhofe NAYS—23 Portman Reid Boozman Hutchison Boxer Inouye Pryor Akaka Franken Murray Boxer Inhofe Brown (MA) Isakson Risch Reed Baucus Harkin Paul Brown (MA) Inouye Brown (OH) Johanns Rockefeller Reid Begich Heller Sanders Brown (OH) Isakson Burr Johnson (SD) Sanders Risch Bingaman Lautenberg Burr Johanns Cantwell Johnson (WI) Sessions Tester Rockefeller Brown (OH) Leahy Cantwell Johnson (SD) Cardin Kerry Shaheen Udall (CO) Sanders Cantwell Lee Cardin Johnson (WI) Carper Kirk Shelby Udall (NM) Sessions Coons Merkley Carper Kerry Casey Klobuchar Snowe Wyden Durbin Murkowski Casey Kirk Shaheen Chambliss Kohl Stabenow Snowe Chambliss Klobuchar Coats Kyl Tester NOT VOTING—5 Coats Kohl Stabenow Coburn Landrieu Thune Blumenthal Roberts Schumer Coburn Kyl Thune Cochran Lautenberg Toomey Menendez Rubio Cochran Landrieu Toomey Collins Leahy Udall (CO) Collins Lautenberg Udall (CO) Conrad Levin Udall (NM) Conrad Leahy The motion was agreed to. Udall (NM) Coons Lieberman Vitter Coons Levin VOTE EXPLANATION Vitter Corker Lugar Warner Corker Lieberman Cornyn Warner Manchin Webb Mr. MENENDEZ. Mr. President, I Cornyn Lugar Crapo McCain Webb Whitehouse was unavoidably detained for rollcall Crapo Manchin Whitehouse Durbin McCaskill Durbin Wicker McCain Wicker Enzi McConnell vote No. 82, a vote on the motion to Feinstein McCaskill Wyden Wyden Feinstein Merkley table the Paul amendment No. 363 re- Franken McConnell NAYS—4 lated to firearm records. Had I been NAYS—10 DeMint Lee present, I would have voted ‘‘yea’’ to Barrasso Heller Shelby Heller Paul the motion to table the amendment. Baucus Lee Tester Mr. President, I was also unavoidably DeMint Moran NOT VOTING—5 detained for rollcall vote No. 83, a vote Enzi Paul Blumenthal Roberts Schumer NOT VOTING—5 Menendez Rubio on the motion to table the Paul amendment No. 365 related to suspicious ac- Blumenthal Roberts Schumer The PRESIDING OFFICER. Under Menendez Rubio tivity reports. Had I been present, I the previous order, 60 votes not having would have voted ‘‘yea’’ to the motion The PRESIDING OFFICER. On this been cast in opposition to the motion to table the amendment. vote, the yeas are 85, the nays are 10. to table, the amendment is withdrawn. Mr. President, further I was unavoid- Under the previous order, 60 votes not Under the previous order, amend- ably detained for rollcall vote No. 84, having been cast in opposition to the ment No. 348 is withdrawn. motion to table, the amendment is All postcloture time is yielded back. adoption of the motion to concur in the withdrawn. The question is on agreeing to the House amendment to S. 990 with the The majority leader. motion to concur with amendment No. Reid amendment #347, PATRIOT Act AMENDMENT NO. 365 347 to the House amendment to S. 990. extension. Had I been present, I would Mr. REID. Is amendment No. 365 The yeas and nays have been ordered, have voted ‘‘yea.’’ pending? and the clerk will call the roll. Mr. BLUMENTHAL. Mr. President, I The PRESIDING OFFICER. That is The legislative clerk called the roll. was unavoidably absent during today’s the pending amendment. Mr. DURBIN. I announce that the vote to extend three expiring provi- Mr. REID. Madam President, I move Senator from Connecticut (Mr. sions of the PATRIOT ACT, due to my to table the pending Paul amendment BLUMENTHAL), the Senator from New son’s college graduation. I voted to ex- No. 365, and I ask for the yeas and Jersey (Mr. MENENDEZ), and the Sen- tend these provisions earlier this year nays. ator from New York (Mr. SCHUMER), when this legislation was before the The PRESIDING OFFICER. Is there a are necessarily absent. Senate Judiciary Committee. Had I sufficient second? I further announce that, if present been able to attend today’s vote, I There appears to be a sufficient sec- and voting, the Senator from New Jer- would have voted again with the ma- ond. jority to extend these provisions. The question is on agreeing to the sey (Mr. MENENDEZ) and the Senator motion. from New York (Mr. SCHUMER) would Additionally, I would have voted to The clerk will call the roll. each vote ‘‘yea.’’ table amendment No. 363, which would The assistant legislative clerk called Mr. KYL. The following Senators are have prohibited the use of any PA- the roll. necessarily absent: the Senator from TRIOT Act authorities to investigate Mr. DURBIN. I announce that the Kansas (Mr. ROBERTS) and the senator or procure records relating to firearms. Senator from Connecticut (Mr. from Florida (Mr. RUBIO). I would also have voted to table

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3402 CONGRESSIONAL RECORD — SENATE May 26, 2011 amendment No. 365, which would have is 1 in 5 of our Nation’s heroes who can- visit with one of my true heroes, Ben- sharply curtailed existing rules that not find a job to support their family jamin Netanyahu, who was here and help the Treasury track the financial and who do not have an income to pro- graced us with his presence this week. activities of terrorists. vide the stability that is so critical to Last March, I was in Jerusalem, had The PRESIDING OFFICER. The ma- their transition home. some quality time with him, and we jority leader. That is exactly why earlier this kind of relived the experiences we have Mr. REID. Mr. President, there will month I introduced the Hiring Heroes had in the past when he was Prime be no more votes today. That was the Act of 2011, which is now cosponsored Minister before. That was back in the last vote for this week. We will have a by 17 Senators and has garnered bipar- middle 1990s. I had a chance to talk to vote on the Monday we get back in the tisan support. This legislation will him. As I recall, his concern at that evening at around 5 o’clock. rethink the way we support our men time—what he said at that time—two f and women in uniform when they come major concerns. One is, what is hap- home to look for a job. pening in Iran, and then, of course, MORNING BUSINESS I introduced this critical legislation making sure that the land in Israel Mr. REID. Mr. President, I ask unan- because I have heard firsthand from so right now will stay there. imous consent that the Senate proceed many veterans that we have not done Recently, I had a chance to visit with to a period of morning business until 8 enough to provide them with the sup- him again. I was quite surprised when p.m. tonight, with Senators permitted port they need to find work. he came here and he was met with this to speak for up to 10 minutes each; fur- I have heard from medics who return suggestion that things are going to ther, that Senator MURRAY now be rec- home from treating battlefield wounds change and that maybe we would en- ognized to speak for 4 minutes, and fol- who cannot get certification to be an courage Israel to go back to their 1967 lowing her remarks, Senator INHOFE be EMT or drive an ambulance. I have borders. recognized until 6:15 p.m., Senator heard from veterans who tell me they I can assure you that we will do ev- DURBIN then be recognized for up to 10 no longer write that they are a veteran erything we can to keep that from hap- minutes, and following that Senator on their resume because they fear the pening. I want to make sure we get the COBURN be recognized for up to 45 min- stigma they believe employers attach message out there, that this may be utes. to the invisible wounds of war. President Obama talking, it is not the The PRESIDING OFFICER. Is there These stories are heartbreaking and majority of people in America, as was objection? they are frustrating. But more than witnessed by the 30 standing ovations Mr. REID. I think that may get us anything, they are a reminder that we that Prime Minister Netanyahu got in past 8 o’clock. I have not done the have to act now. his joint speech. math but however long that takes. My legislation will allow our service- It sounded familiar when we are talk- The PRESIDING OFFICER. Without members to capitalize on their service. ing about this, about the land. I re- objection, it is so ordered. For the first time, it will require broad membered that it was 10 years ago—10 The Senator from Washington. job skills training for anyone leaving years ago right now, 2001—that I made f the military as part of the military’s a speech, and it jogged my memory when I heard the President talking MEMORIAL DAY Transition Assistance Program. Today, over one-third of those leaving the about going back to the 1967 borders. Mrs. MURRAY. Mr. President, I come Army do not get any of that training. So I dug up that speech. I found it, and to the floor to honor and commemorate My bill will also require the Depart- I found that it is so appropriate today. the men and women who died fighting ment of Labor to take a hard look at This was a speech, by the way—the for our great country. what military skills and training research done for this speech was done Memorial Day is a day to honor those should be translatable into the civilian by a guy named Willie George. He was American heroes who made the ulti- sector and will work to make it sim- a preacher, a pastor, but a historian. I mate sacrifice for our Nation. It is be- pler to get those licenses and certifi- want to put the same perspective on cause of their sacrifice that we can cations our veterans need. this we did 10 years ago and see how safely enjoy the freedoms our great All of these are real, substantial that applies today. country offers. It is because of their steps to put our veterans to work. All First of all, I am going to do some- unmatched commitment that America of them come at a pivotal time for our thing that is unusual on the floor of can remain a beacon for democracy and economic recovery and our veterans. the Senate; that is, I am going quote freedom throughout the world. I grew up with the Vietnam war. I Ephesians 6. Listen carefully. It says: Memorial Day is a day of remem- have dedicated much of my Senate ca- For we wrestle not against flesh and brance, but it is also a day of reflec- reer helping to care for the veterans we blood, but against principalities, tion. When our brave men and women left behind that time. The mistakes we against powers, against the rulers of volunteered to protect our Nation, we made then cost our Nation and our vet- darkness of this world, against spirit promised them we would take care of erans dearly. Today, we risk repeating wickedness in high places. them and their families when they re- those mistakes. We cannot let that It is significant that we look at that, turn home. happen again. because make no mistake about it, the On this Memorial Day, we need to Our Nation’s veterans are disciplined, war that was started 10 years ago and ask ourselves: Are we doing enough for they are team players who have proven the war we are in right now, that we our Nation’s veterans? Making sure our they can deliver under pressure like no are fighting now, is first and foremost veterans can find jobs when they come one else. So let’s not let another year a spiritual war, not a political war— back home is an area where we must do and another Memorial Day go by with- never has been a political war. It is not more. out us delivering for them. about politics. It is a spiritual war. It For too long, we have been investing I yield the floor. has its roots in spiritual conflict. It is billions of dollars training our young The PRESIDING OFFICER. The Sen- a war to destroy the very fabric of our men and women to protect our Nation, ator from Oklahoma. society and the very things for which only to ignore them when they come Mr. INHOFE. Mr. President, I ask we stand. home. For too long, we have patted unanimous consent that my time that Many of the wars in history are wars them on the back and pushed them would expire at 6:15 be extended to 6:30, where people are trying to take over into the job market with no support. and other times adjusted accordingly. something another country has. That That is simply unacceptable, and it The PRESIDING OFFICER. Without is not what this is about. Not about does not meet the promise we made to objection, it is so ordered. getting mineral deposits, not about our servicemembers. f getting land from other countries. This Our hands-off approach has left us is a different war. with an unemployment rate of over 27 ISRAEL’S BORDERS It is not simple greed that motivates percent among young veterans coming Mr. INHOFE. Mr. President, a few these people to kill. One may ask, what home from Iraq and Afghanistan. That weeks ago I had the opportunity to is it about our Nation that makes

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3403 them—here I am talking about some of what we call today situational ethics that are in northern Africa and in the the Hamas, Hezbollah, the terrorists— or where things change according to Middle East, and nearly every one of hate us so much? I suggest there are our needs. They believed in absolute those is run by a dictator. Israel is the three things. First, in our country we right and absolute wrong. That is the only true democracy that exists in the have the freedom and the right to reason we are hated so much as a na- Middle East. choose the kind of worship we want. I tion. Did you know, if you are an Arab in happen to be a Jesus guy, a born-again We are hated because we are a beacon Israel, and you are an Israeli citizen as Christian, all that. I believe the way to of light, a beacon of freedom all the an Arab, you can vote in the elections? the Lord God is through his Son. way around the world. We know In fact, in the Knesset—that is their While I believe that, I believe every contemporarily what that means. One Congress—they have a political party American has the right to choose of the greatest speeches of all time that is for Arabs. They have their own whether he or she wants to believe that I remember is a speech that was party in the Knesset. that. Some people have the notion that made by Ronald Reagan. It is called a Israel is the only true democracy if you are a Christian who believes in Rendezvous with Destiny. In this that exists in the Middle East. It has a the Bible, you are totally intolerant, speech he talked about—this was back Western form of government based on you do not allow other people to have when Castro had first taken over Cuba. the laws we see in the Bible. The laws a choice. Nothing can be further from He talked about the atrocities in Com- of God our country is based on are the the truth. munist Cuba, and people were trying to same laws from which Israel gets its The nations of this world where escape. One man escaped in a small laws—it represents the laws of God. Christianity is the dominant way of boat, as many others did. He lived and That is the reason it is under attack. worship, we also find Jewish syna- reached the coast of Florida. As his We ought to be Israel’s best friend. If gogues, we find Islamic mosques, we boat floated up on the coast, he started we cannot stand for Israel today, can find freedom of worship. You will not telling the people who were there about we ever again be counted on as a bea- find the same kind of things in the mil- the atrocities in Communist Cuba. A con, a beacon of freedom for the op- itant Islamic nations of this world. lady responded and said: Well, I guess pressed nations? You may ask, what They do not allow Christian churches. we in this country do not know how does this have to do with the attack on They do not allow synagogues to open lucky we are. He said: No. It is how America that happened 10 years ago. freely. They do not allow people the lucky we are, because we had a place to We are under attack because of our freedom. They persecute people. So one escape to. character, and because we have sup- of the reasons America is hated so What he was saying is we were that ported the tiny little nation in the much is that we have allowed people beacon of freedom. And we are hated Middle East. That is why we are under through the years to choose what they because we are a beacon of freedom. attack. If we do not stand for this tiny are going to do. It is their choice. That is the third reason for the rest of country today, when do we start stand- The second reason we are hated so the world. We are hated because in ing for tiny little countries in the much is we have opened the door for America we have the freedom of world? people to achieve their God-given place choice, the freedom of worship; we have Many years ago, Yasser Arafat and on this Earth. We have not restrained freedom of expression; we are a nation others did not recognize Israel’s right people. We have allowed people free- of laws. to the land, very much like our Presi- dom of expression, the freedom to pur- Why was America attacked on Sep- dent Obama. Even today, many do not sue dreams, the freedom to pursue tember 11? Why did they single us out? recognize Israel’s right to exist. There goals. This is not true in other places America was attacked because of our are seven reasons I consider to be indis- in the world. These freedoms are not system of values. It is a spiritual war, putable and incontrovertible evidence found in every nation. America is great not just because we are Israel’s best and grounds to Israel’s right to the because we have magnified the rights friend. We are Israel’s best friend in the land. You have heard this before, be- of individuals, protected the rights of world because of the character we have cause you heard it from me 10 years individuals in our culture. We are care- as a nation. One of the reasons God has ago. It was similar. It is in the RECORD ful to allow people to have expressions blessed our country is because we have now. I kept it. in our society, and we are hated for it. honored His people. Most know this, that they are going The third reason we are hated by Right up on there on your desk, Mr. to be hit by skeptics who are going to these people is because we are a nation President, you have a Bible. Look up say we are being attacked all because of laws. We are a people ruled by laws. Genesis 12:3. It says, ‘‘I will bless them of our support for Israel, and if we get Lest one think that is common, go that bless you and curse him that out of the Middle East, all of the prob- around the world and look at these curses you.’’ lems will go away. That is not so. It is other countries in the world. Most of He was talking about Israel. One of not true. We all know in our hearts it the world’s countries do not have a 200- the reasons America has been blessed is not true. If we withdraw, it would year-old Constitution. They are ruled abundantly over the years is because come to our door. It would not go by dictators. They are ruled by the we as a society have opened our doors away. whims of those leaders or by political to the Jewish people. The Jewish peo- I have some observations to make parties as they change. The rule of law ple have been blessed in the United about that in a minute. But first, I am is what makes civilization possible. States of America. going to tell you the seven reasons The rule of law is what makes an or- When the tiny state of Israel was that Israel has the right to the land. I derly society work. If there is no rule founded in 1948, we stood in beginning am saying this because I am still in of law, the strongest, toughest bully on with Israel. We were the first country shock over what happened this last the block is the one who is running the to stand for Israel. And because we week. But I am relieved from the re- country. America is a country of law took a stand, other nations in the sponse we got from this great man, and order. Because of this philosophy world took a stand. They followed Prime Minister Netanyahu. of the people who founded our Nation, quickly. The United States made it Israel has the right to the land—rea- they believed in the rule of law because possible for there to be an Israel. We son No. 1—because of all of the archeo- of what they knew from the Bible. Our stood with Israel again and again in its logical evidence. This is reason No. 1. Constitution and the constitutions of fight to survive. Make no mistake It supports it. Every time there is a dig most governments around the world, about it, it is not just because of our in Israel, it does nothing but support similar to ours, are, indeed, based on support of Israel, it is what we believe the fact that Israelis have had a pres- the Ten Commandments. Our fathers as a nation that caused us to come ence there in that land for over 3,000 knew the Ten Commandments and the under attack. years, the coins, the cities, the pottery, laws of God should be a basis for all Israel is under attack in the Middle the culture. There are other people and laws. They understood the concept of East because it is the only true democ- other groups there, but there is no mis- absolute right and absolute wrong. racy that exists in the Middle East. taking the fact that the Israelis have There were not many who believed in There are more than 20 Arab countries been present for 3,000 years. It predates

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3404 CONGRESSIONAL RECORD — SENATE May 26, 2011 any claim any other people in the re- The homeland that Britain said it under the control of the Turks. Histori- gion might have. Ancient Philistines would set aside consisted of what is cally, the land was given to the Israelis are extinct. They are not around any- now Israel and what then was Jordan, in 1917, and then, of course, we know more. Many other ancient people are the whole thing. That was what the Israel gained its independence in 1948. extinct. They do not have an unbroken British promised the Jews in 1917. In So we have the archeological reasons. line to this day that the Israelis have. the beginning, there was some Arab We have seven reasons. Here is the Even the Egyptians of today are not population there and some Arab sup- third reason. The third reason the land racial Egyptians of 2,000 years ago. port for this gift. There was not a huge belongs to Israel is because of the prac- They are primarily an Arab people. The Arab population in the land at the tical value of the Israelis being there. land is called Egypt, but they are not time. There was a reason for that. The Israel today is a modern marvel of ag- the same racial and ethnic stock as old land wasn’t able to sustain any kind of riculture. Israel is able to bring more Egyptians of the ancient world. The a large population. The people didn’t food out of a desert environment than Israelis are, in fact, descended from the have the development needed to handle any other country in the world. The original Israelites. The first proof then any kind of population of the land. It Arab nations ought to make Israel is the archeological proof. wasn’t wanted by anyone at that time. their friend and import technology The second proof of Israel’s right to Can you believe it wasn’t wanted at from Israel that would allow all the the land is the historic one. History that time by anyone? Middle East, not just Israel, to be ex- supports it totally, completely. We You remember Mark Twain—Samuel porters of food. So Israel, unarguably, know there has been an Israel up until Clemens—who wrote ‘‘Huckleberry has success in agriculture. They have the time of the Roman Empire. The Finn’’ and ‘‘Tom Sawyer.’’ He took a been able to develop when nobody else Romans conquered the land. Israel had tour of the Holy Land in 1867. This is has. no homeland. Although Jews were al- what he said about Israel: The fourth reason I believe Israel has lowed to live there, they were driven a right to the land is on the grounds of from the land and dispersed in 70 AD A desolate country whose soil is rich enough but is given over wholly to weeds, a humanitarian concerns. There were 6 and 135 AD. But there was always a silent mournful expanse. We never saw a million Jews slaughtered in Europe in Jewish presence in the land. The Turks human being on the whole route. There was World War II. The persecution against who took over about 700 years ago and hardly a tree or a shrub anywhere. Even the the Jews was very strong in Russia ruled the land up until about World olive and the cactus, those fast friends of since the advent of communism. Perse- worthless soil, had almost deserted the coun- War I had control. Then the land was cution was against the Jews even be- conquered by the British. The Turks try. fore that time under the czars. entered World War I on the side of Ger- Where was this great Palestine at These people have a right to their many. The British knew they had to do that time? It wasn’t there. The Pal- homeland. If we are not going to allow something to punish the Turks and estinians weren’t there. Palestine them a homeland in the Middle East, also to break up the empire that was didn’t exist. Palestine was a region then where? What other nation on going to be a part of the whole effort of named by the Romans, but at the time Earth is going to cede territory? They Germany in World War I. So the Brit- it was under the control of the Turks. are not asking for a great deal. The ish sent troops against the Turks in There was no population there because whole nation of Israel fits into my the Holy Land. This is a good one. the land would not support it. There Of the generals who led the British State of Oklahoma seven times. So on was the Palestinian Royal Commission humanitarian grounds alone, Israel into the Holy Land was a guy named that was created by the British. It Allenby. He was a general. He was a ought to have the land. quotes an account of the conditions on The fifth reason I disagree with Bible-believing Christian. He carried a the coastal plain along with the Medi- President Obama and think Israel Bible with him everywhere he went. He terranean Sea in 1913. This is what should have the right to the land, with- knew the significance of Jerusalem. they said about Israel at that time: out any changes and not going back to The flight before the attack against Je- The road leading from Gaza to the north rusalem, to drive out the Turks, Allen- 1967, is because it is a strategic ally to was only a summer track, suitable for trans- the United States. Whether we realize by prayed that God would allow him to port by camels or carts. No orange groves, capture the city without doing damage orchards, or vineyards were to be seen until it, Israel is a detriment, an impediment to the holy places. one reached the Yavnev village. Houses were to certain groups hostile to democ- That day Allenby—this is World War mud. Schools did not exist. The western part racies and to those things we believe I now, keep in mind. He sent a bunch of toward the sea was almost desert. The vil- in, hostile to the very things that biplanes into the Holy Land as a recon- lages were few and thinly populated. Many make us the greatest Nation in the his- naissance mission. You have to under- villages were deserted by their inhabitants. tory of the world. Israel has kept them stand, these Turks had never seen a bi- The French author Voltaire described from taking complete control of the plane. They had never seen any kind of Palestine as ‘‘a hopeless, dreary place.’’ Middle East. If it were not for Israel, airplane. They looked up and they saw In short, under the Turks, the land they would overrun the region. Israel is these cute little machines flying suffered from neglect and low popu- our only strategic ally. around. They are terrified. lation. It is a historical fact. The na- It is good to know we have a friend in Then they were told that they were tion became populated with both Jews the Middle East we can count on. They being opposed by a man named Allen- and Arabs. The land came to prosper vote with us in the U.N. more than by. This is a true story. History sup- when Jews came back and began to re- England, Germany, Canada, and ports it. Allenby—in their language— claim it. Historically, they began to re- France—more than any other country means ‘‘man sent from God’’ or ‘‘proph- claim it. Even if there had never been in the world. So they have been our et from God.’’ They dared not fight any archeological evidence to support consistent ally for strategic reasons. against a prophet from God. So the the rights of the Israelis to the terri- The sixth reason Israel should be en- next morning, when Allenby went into tory, it is important to recognize that titled to the land is that Israel is a Jerusalem, he went in, he captured it other nations in the area have no long- roadblock to terrorism. The war we are without firing a shot. And that is his- standing claim to the country either. now facing is not a war against a sov- tory. That is actually what happened. This may surprise you. I will say that ereign nation, it is a fluid group of ter- That is the history we are talking Saudi Arabia was not created until rorists moving from one country to an- about. 1913, Lebanon, in 1920, and Iraq didn’t other. They are almost invisible. That Out of gratitude to the Jews, and out exist as a nation until 1932, Syria until is whom we are fighting against. We of gratitude to the Jewish bankers and 1941. The borders of Jordan were estab- need every ally we can get. If we do not the financiers and others who lent the lished in 1946 and Kuwait in 1961. stop terrorism in the Middle East, it financial help on the homeland, the Any of these nations that would say will be on our shores. I have said this Jewish people—the homeland that is Israel is only a recent arrival would and said this and said this. now Israel, and all of what was then have to deny their own rights, as they One of the reasons I believe that spir- the nation of Jordan, was given to the were recent arrivals as well. They itual door was opened for an attack Jewish people. didn’t exist as countries. They were all against the United States is because

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3405 the policy of our government has been The Lord said to Abram, ‘‘Lift up now your where the Israeli public has pressured to ask the Israelis, and demand with eyes, and look from the place where you are its leaders to give up land for peace be- pressure, that they not retaliate northward, and southward, eastward, and cause they are tired of fighting, there against the terrorist attacks that have westward: for all the land which you see, to has been increased terror. you will I give it, and to your seed forever. been launched against them. . . . Arise, walk through the land in the It hasn’t helped, hasn’t worked. Since its independence in 1948, Israel length of it and in the breadth of it; for I will Nothing worked. It has been greater has fought four wars, and they were give it to thee. than at any other time in Israel’s his- not the aggressor in any of them. Some That is God talking about Israel. tory. Showing restraint and giving in people may argue that they were the The Bible says that Abram removed hasn’t produced any kind of peace. It is first ones there with Egypt. Everybody his tent and came and dwelt in the so much so that the leftist peace move- knew what was going to happen in plain of Mamre, which is what we call ment in Israel didn’t exist because the Egypt. Israel was attacked in all four the Hebron, and built there an altar be- people felt they were deceived. cases. Israel won all four wars against fore the Lord. Hebron is in the West They did offer a hand of peace, and it the impossible odds. They are great Bank, right here on the map. It is this was not taken. That is why the politics warriors. I have spent some time over place where God appeared to Abram of Israel have changed drastically. The there. They consider it a level playing and said: ‘‘I am giving you this land,’’ Israelis have come to see that ‘‘no mat- field when they are outnumbered 2 to 1. the West Bank. ter what we do, these people do not They are great people. Everybody will yell and scream be- want to deal with us. They want to de- There were 39 Scud missiles that cause I am quoting the Bible, but that stroy us.’’ That is why even yet today landed on Israeli soil during the gulf is their problem, not mine. the stationery of the PLO has upon it war. Our President asked Israel not to This is not a political battle at all; it a map of the entire State of Israel, not respond. Our policy was trying to get is a contest over whether the Word of just the tiny part they call the West them not to respond. We asked them God is true. Bank. They want it all. not to respond. In order to have the The seven reasons, I am convinced, The unwavering loyalty we have re- Arab nations on board, we asked Israel clearly establish that Israel has a right ceived from our only consistent friend not even to participate in the war. to the land. in the Middle East has to be respected They showed incredible restraint, and Years ago on the lawn of the White and appreciated by us. No longer they did not. We asked them to stand House, Yitzhak Rabin shook hands should foreign policy in the Middle back and not do anything over these with PLO Chairman Yasir Arafat. It East be one of appeasement. As Hiram attacks. was a historic occasion. It was a tragic Mann said: We have criticized them. They have occasion. No man survives when freedom falls. The been criticized in our media, local peo- At the time, the official policy of the ple in television and radio offer criti- best men rot in filthy jails and those who government of Israel began to be ‘‘let cried ‘‘appease, appease’’ are hanged by those cisms of Israel not knowing the true us appease the terrorists. Let us begin they tried to please. issues. We need to be informed. to trade the land for peace.’’ They Years ago, I was so thrilled when I Islamic fundamentalist terrorism tried. This process continued unabated. came to America on 9/11. We have to heard a reporter pose a question to our Here in our own Nation, at Camp David former Secretary of State, Colin Pow- use all our friends and assets, all our in the summer of 2000—I remember it ell, during the gulf war. He said: resources, to defeat the satanic evil. so well—then-Prime Minister Ehud Patrick Henry said: Mr. Powell, the United States has advo- Barak offered the most generous con- cated a policy of restraint in the Middle We will not fight our battles alone. There East. We have discouraged Israel from retal- cessions to Yasir Arafat that had ever is a just God who reigns over the destiny of iation again and again and again, because we been laid on the table. nations who will raise up friends who will have said that it leads to continued esca- He offered him more than 90 percent fight our battles with us. lation—that it escalates the violence. of all of the West Bank territory, sov- He said: He said: ereign control of it. There were some We are not weak if we make a proper use Are we [the United States] going to follow parts he didn’t want to offer, but in ex- of those means which the God of nature hath that preaching ourselves? change for that, he said he would give placed in our power. The millions of people, Mr. Powell indicated we would strike up land in Israel proper that the PLO armed in the holy cause of liberty, and in back. In other words, we can tell Israel was not even asking for. He also did such a country as that which we possess, are not to do it, but when it hits us, we are the unthinkable—we cannot imagine it invincible by any force which our enemy can going to do it. That is one of the rea- today. He even talked about dividing send against us. sons I believe the door was opened—be- Jerusalem and allowing the Palestin- Listen to this: cause we held back our tiny little ians to have their capital in the east. We will not fight our battles alone. There friend. We have not allowed them to go Arafat stormed out of the meeting. is a just God who reigns over the destiny of to the heart of the problem. This was a Why would he do that? Everything he nations who will raise up friends who will fight our battles with us. mistake. asked for was offered to him. Terrorism is not going to go away. If A couple months later, there began He was talking about all of our Israel were driven into the sea tomor- to be riots and terrorism. The riots friends, including Israel. That is what row, if every Jew in the Middle East began when Ariel Sharon went to the is happening. I thank God Israel is in were killed, terrorism would not end. Temple Mount—and we remember this. the battle by our side. It is time for our You know that in your heart. Ter- This was used as the thing that lit the policy of appeasement in the Middle rorism would continue. fire and caused the explosion. This is East and appeasement to the terrorists It is not just a matter of Israel in the the excuse the terrorists used. to be over. With our partners, our vic- Middle East; it is the heart of the very Did you know Sharon did not go to tory must and will be absolute. people who are perpetuating this stuff. the Temple Mount unannounced? He I mentioned that a few weeks ago I Should they be successful in over- contacted the Islamic authorities be- was with Prime Minister Netanyahu in running Israel—they will not be—but fore he went. He secured their permis- Israel. At that time, he had this grow- should they be, it would not be enough. sion. He had permission to be there. It ing concern for the land. We did not They would never be satisfied. We was no surprise. Their response was know what was coming. We did not learned that at Camp David. carefully calculated. They knew they know what was going to happen. We The seventh reason—and this will would not pay attention to the details. did not know that which did happen upset some people, but I have to say it, So they would portray this in the Arab just a week ago was going to happen. I and it is printed up there—that Israel world as an attack on the holy mosque. quote from the Associated Press. I am has a right to the land—and this is the They would portray it as an attack on so proud of him. Think of the courage most important reason—because God that mosque and use it as an excuse to it took for Prime Minister Netanyahu said so. As I said a minute ago, look it riot. We know what happened since to stand next to the most powerful up in the book of Genesis. In Genesis that time. Over the following years, man in the world and make a state- 13, verse 14, 15 and 17, the Bible says: during the time of the peace process, ment like this. He said:

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3406 CONGRESSIONAL RECORD — SENATE May 26, 2011 [He] sat alongside President Barack Obama all of Ouattara’s people. These are the The PRESIDING OFFICER (Mr. on Friday and declared that Israel would not ones our State Department supported, BEGICH). The Senator from Illinois. withdraw to the 1967 borders to help make and it is serious. Amnesty reports that Mr. DURBIN. Mr. President, first, I way for an adjacent Palestinian state. a manhunt was launched against thank my colleague from Oklahoma. Obama had called on Israel to be willing to do just that thing a day earlier. Gbagbo loyalists in Abidjan, and sev- He and I share a passion and interest in Prime Minister Netanyahu said his Nation eral senior officials close to him were the continent of Africa. He has trav- could not negotiate with a newly constituted beaten in the hours after his arrest. eled there many more times than I Palestinian unity government that includes This is a picture of the Secretary of have. We have talked about the situa- the radical Hamas movement, which refuses the Interior. We had a hearing the tion on that continent. I give special to recognize Israel’s right to exist. other day, and our State Department accolades to him for continuing to And its commitment to Israel’s de- tried to say Ouattara is hiring a lot of raise questions relative to that construction. the people from the Cabinet of Laurent tinent and the people who live there. It Those are the seven reasons I believe Gbagbo. There is the Secretary of the is an important part of the world, and the land belongs to Israel. We need to Interior. They shot him in the face so for far too long it has been exploited. respect that, and we need to declare: it would take a long time to painfully I am glad, on a bipartisan basis, we God bless Israel. die. He died. both believe the United States should f Here is another member of the Cabi- focus more attention on that impor- net being executed. This is what is tant continent. I thank the Senator. COTE D’IVOIRE going on. Nobody cares. Anyway, I f Mr. INHOFE. Mr. President, I know I care. have a couple more. I would like to What we are looking at right now is DREAM ACT cover one last topic because something the Ouattaras publicly. Mr. DURBIN. Mr. President, it was 10 is about to happen in the next week. There is a way out of this right now. years ago I was contacted in my Chi- Some people are going to be killed. It What has happened is Ouattara is try- cago office by a mom, a Korean Amer- has nothing to do with Israel; nothing ing to figure out a way to kill the ican. She had a problem. She had come to do with the subject here. It is very President and the First Lady. I will to this country from Brazil with her serious. wind up by letting you know and see- young daughter. The family was origi- You might recall six different times ing firsthand what we are talking nally from Korea, but they came to the on the floor of the Senate I have talked about. country from Brazil. Her daughter about the problems that are taking President Gbagbo is someone I have came at the age of 2 and grew up in place in a country in West Africa called known quite well. He is a jovial guy. Chicago. She was a bright girl with a Cote d’Ivoire. The fact is we had a This is a picture as I remember him. I lot of talent and particularly turned President—his name is Laurent spent a lot of time with him. This is out to be a musical prodigy. By the Gbagbo—with his wife Simone. They right after his arrest. He was beaten al- time she was ready to graduate from were ruling when an election came most to death. We see what has hap- high school, she had offers to go to the along. It was stolen from him by a man pened to his face. best music schools—the Manhattan named Alassane Ouattara. He is in the His wife is a beautiful lady, Simone School of Music, the Julliard School of northern part of Cote d’Ivoire. Gbagbo. I have been with her many Music. What I have tried to show—I ex- times. She is a beautiful lady. She is As she filled out her application plained well before this all happened, the First Lady. I first knew her 15 forms, there was a little blank that before we got involved, that France years ago when she was a member of said ‘‘citizenship.’’ She turned to her and the United Nations and now our Parliament before they were married. mom and said: What am I supposed to State Department are joining in with There she is. You will not find a more put here? Her mom said: I don’t know. them. This picture was in yesterday’s beautiful lady than that. There she is, We never filed any papers. You were paper. This is one of Ouattara’s death after they ravaged their home— brought in here at the age of 2. We bet- squads that are killing people in Ouattara and the United Nations in ter do something. Abidjan, which is the capital. agreement with our State Department. Her daughter said: What are we going I show this picture. It is one that This is what she looked like the next to do? shows this is still happening today. Re- day. They went in and grabbed her by Her mom said: We are going to call prisal attacks are still being com- the hair and pulled her hair out. You Senator DURBIN. mitted by forces loyal to Alassane can see other things happened to her. They called my office hoping to come Ouattara of Ivory Coast 6 weeks after I hesitate to put up the last photo, up with a solution. Unfortunately, I he came to power vowing peace and but this one you have to put your could not. The law is very clear. She reconciliation. imagination to work. It takes a lot of not only would have been deported It also said that Alassane Quattara, imagination to see what is happening. from America, she would have been de- championed by the French and the There she is, the beautiful First Lady. ported back to Brazil, a place where United Nations during a deadly post- You can imagine what happened with the little girl had never lived or a lan- election conflict, has failed to condemn all of Ouattara’s people around here. guage she never mastered. She was sup- atrocities against real or perceived What is the answer? All we have to posed to wait there for 10 years and try supporters of ousted President Laurent do is encourage the State Department to get back in the United States. Gbagbo. to take a different stand and say: Let’s It struck me that was unfair. That is Those are the death squads of take the Gbagbos—the President and when I introduced the DREAM Act. Ouattara. This is a picture of them. the First Lady—and allow them to The idea behind the DREAM Act is to You can identify them. They are in have asylum. I already located a coun- give young children who are now in there killing people. We don’t know try in Sub-Saharan Africa willing to young adulthood a chance to become how many tens of thousands of people host them. That is all that needs to legal in America. I introduced the bill have been murdered in cold blood. Am- happen. 10 years ago and called it up several nesty International came out the other By the time we get back 9 days from times on the Senate floor in the last 10 day and criticized the U.N. mission for now after this recess, both of them will years. I think on every occasion we had ignoring pleas for help and failing to be dead if we do not do something. As a majority vote. The last time we had prevent the massacre in the town of we speak right now, they are being tor- 55 votes of 100 in the Senate, but the Duekoue. That is the town of Duekoue. tured. filibuster rule requires 60. It fell short See the charred bodies. People are say- There we have it. We have an oppor- of passing. ing they actually had hogs eating the tunity to do something. We can save What the bill says is very basic. The bodies. This is what Ouattara did in a not only these people but save those DREAM Act would give students a little town called Duekoue. around them who have always loved chance to become legal if they came to I have another picture of what is hap- peace in Cote d’Ivoire. the United States as children; they are pening. It is really criminal. These are I yield the floor. long-term residents of the United

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3407 States; they have good moral char- dreamers. This is Juan Gomez. This school in Warren, MI. She is the val- acter; they graduate from high school; handsome young man was brought to edictorian of her class. She has taken and they complete at least 2 years of the United States from Colombia in every advanced placement class offered college or military service in good 1990 at the age of 2. He is an academic by her school. She has a 4.4 grade point standing. It is not too much to ask to all-star at Killian Senior High School average—a very bright young lady. Ola give these young people a chance. in Miami, FL. He earned close to 2 is on the varsity cross-country and ten- Two weeks ago, I reintroduced the years of college credit with high scores nis teams, she is treasurer of the stu- DREAM Act with 33 of my colleagues. on 13 advanced placement exams. He dent council and treasurer of the Na- I am going to do everything I can to scored 1410 out of 1600 on the SAT, and tional Honor Society at her school. She pass the legislation this year or next he finished in the top 20 percent of his tutors students who are learning year. This is a matter of simple justice. class. His economics teacher nick- English. Ola was also a member of her There is not another situation in named him ‘‘President Gomez’’ and homecoming court. This is a great pic- America where we hold children ac- said he is one of the best students ever ture of her. Here she is at her high countable for the wrongdoing of their to graduate from Killian High School. school at homecoming. parents except in this case. It is just In 2007, during his senior year in high She sent me a letter. She has been not fair. These children did not have a school, he was placed in deportation accepted into the honors program at vote or a voice in coming to America. proceedings. What happened next is an the University of Michigan, where she They were brought here, and they did amazing story. will be a pre-med student. Here is what the right thing once they came. Scot Elfenbein was the student body her letter said: They went to school. They did well. President at Juan’s high school. He I aspire to ultimately becoming a surgical They got up every morning and pledged was also Juan’s best friend. He thought oncologist, but more importantly, I intend allegiance to the only flag they knew. it was basically unfair that this young to work for patients who cannot afford the They sang the National Anthem—the man would be rooted out of school and astronomical fees accompanying lifesaving only one they knew. They believed surgeries, patients that are denied the med- tossed back into a country he never re- ical treatment they deserve. My goal is not they were really Americans, but a rude membered. Scott started a Facebook to increase my bank account; my goal is to awakening came when they came to page devoted to stopping Juan’s depor- decrease preventable deaths. I wish to re- learn they were not. I guess they might tation. Here is what he wrote on the main in this country to make a difference. have been viewed more as people with- Facebook page: Do we need her? You bet we do. out a country. We need your help in saving Juan from Two months ago, Ola was placed in What will the passage of the DREAM being sent to Colombia—a country he doesn’t deportation proceedings. Just like Act bring us other than justice? It will even remember. For those of you who know Juan Gomez and many other DREAM bring us some of the most talented peo- Juan, he is the smartest and most dedicated Act students, Ola’s friends decided to kid you ever met. He deserves more than to ple in America who want to make this rally behind her. Senator LEVIN, a co- just be deported. Many of us owe him. I know a better nation. These are young people sponsor of the DREAM Act, asked the who really worked hard. Their parents he helped everyone one way or another in school. It’s the least we can do for him. Department of Homeland Security to were immigrants to this country and reconsider her case. This week, the De- most of the time had to take very dif- Thanks to Scott’s initiative, 2,000 people joined Juan’s Facebook page. partment granted a stay of deportation ficult jobs and work extra hard so the to give her a chance to continue her kids could finish school. Many of these Then Juan’s friends came here on Cap- itol Hill to lobby for him. They per- education. That was the right thing to young people turned out to be excellent do. It makes no sense to send someone students—valedictorians of their class- suaded Representative Lincoln Diaz- Balart and Senator Chris Dodd to in- like Ola, who has so much to con- es and stars in many other respects. tribute to America, to a country she Now some of them just want a chance troduce a bill to stop his deportation. Representative Diaz-Balart is a Repub- barely remembers. to serve in our military. That says a I introduced the DREAM Act in 2001. lican, but he is also one of the lead lot about them too, that they are will- Since then, I have met so many of sponsors of the DREAM Act in the ing to risk their lives for America. these young immigrant students who House. My good friend and former Sen- Is there any question about their pa- are qualified for the DREAM Act. Like ator Chris Dodd is, of course, a Demo- triotism or their love of this country Juan Gomez and Ola Kaso, they are crat. So it is obvious this isn’t a par- or they want to finish college so they Americans in their hearts. They are tisan issue. Republicans and Democrats can use their skills and education to willing to serve our country and to die should basically come together and improve their lives and make this a for it if we would only give them a agree that to punish this young man better nation. chance. Simple justice and fairness re- because his parents came here illegally We have the support of the Defense quires it. Secretary, Robert Gates, for the is fundamentally unfair. I ask my colleagues to support the DREAM Act, GEN Colin Powell—a man After his deportation was stayed, DREAM Act. It is the right thing to do. I respect very much—Rupert Murdoch, Juan was admitted to Georgetown Uni- It will make America a stronger and a very conservative Republican busi- versity on a full scholarship. He is better nation. One thing I am sure of is nessman supports it, and CEOs of com- going to graduate from Georgetown in that if we give these young dreamers a panies such as Microsoft and Pfizer. May. And thanks to Congressman Diaz- chance, they won’t let us down. Every day I hear from another one of Balart, he has a temporary work per- Mr. President, I yield the floor. these dreamers. They come up to me mit and has been offered a job at a top The PRESIDING OFFICER. The Sen- sometimes very quietly and sometimes financial services firm in New York ator from Minnesota. City. Can we use a person with his very publicly and tell me their stories. f Just the other day a young man came skill? Of course we can. Every year we up to me as I was leaving a speech here import thousands of foreigners on H–1B HUBERT HUMPHREY CENTENNIAL in Washington, and he said: Senator, I visas. Do you know why? Because we Ms. KLOBUCHAR. Mr. President, I just want to let you know I am fin- say we need these bright minds in would first like to thank the Senator ishing law school. I cannot be licensed America. Well, if we need bright minds from Oklahoma, Mr. COBURN, for allow- in America because I am not an Amer- in America, why are we exporting ing me to take a few minutes to speak ican citizen. I will pursue my education those who were raised here and who about something very important in my until you pass the DREAM Act. can bring their skills and talents to a State—the fact that tomorrow would I thought about it. This poor young better life for themselves and our Na- be Hubert Humphrey’s 100th birthday. man deserves a chance to use his edu- tion? Hubert Humphrey was our ‘‘Happy cation not just to continue it. That Let me introduce another person to Warrior’’ in Minnesota. He was the son gives me more of an incentive to work you. Her name is Ola Kaso. She was of a smalltown South Dakota drugstore on this issue. brought to the United States by her owner who lifted himself up through Let me tell a story tonight in the few mother from Albania in 1998 when she hard work and determination to be- minutes I have about two of these was 5 years old. Ola is a senior in high come the mayor of Minneapolis, a U.S.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3408 CONGRESSIONAL RECORD — SENATE May 26, 2011 Senator representing Minnesota, and difficult wars, a crushing debt load, for that, and the American people need the 38th Vice President of the United and our quest to end our dependence on to know it is not because of our great States of America. foreign oil and develop our own home- budget chairman, whose name is Sen- I actually have Hubert Humphrey’s grown energy. The way we choose to ator KENT CONRAD. It is not his fault desk—something I requested when I address these challenges will determine there is not a budget. It is because of got to the Senate. It somehow got in a the course of our Nation for decades to the leadership in the Senate. The lead- different category, and for the first 2 come. History will tell us whether we ership does not want the votes that years I had the desk of the former Sen- are right or wrong, timid or coura- come along with a budget. You see, the ator from New Hampshire, Gordon geous. political thinking is, we don’t want Humphrey. But then, lo and behold, I believe we must choose courage, but any of our members to have to be re- with the start of this last Congress, I not only that, we must also choose op- corded on things that might affect the did get Hubert Humphrey’s desk. timism. We must take a page from Hu- next election. So to hell with the coun- I was a senior in high school when bert Humphrey’s book and strive for try. What is more important is the Hubert Humphrey passed away, and I that resilience he displayed in public next election. can still remember standing in line for life. I think about the inscription on What is happening in the Senate is a his funeral in St. Paul. It was January, his gravestone at Lakewood Cemetery complete meltdown of the very purpose and it was one of those days where it in Minneapolis. It is a quote from Hum- the Senate was created. The fact is, we was below zero—freezing. Yet there we phrey himself: had votes on four separate budgets, and were, standing outside the State cap- I have enjoyed my life, its disappointments let me tell you, what is most astound- itol, all of us in our puffy winter jack- outweighed by its pleasures. I have loved my ing is that nobody voted for President ets, 40,000 people waiting to pay our re- country in a way that some people consider Obama’s budget. The President of the spects. That is how much Hubert Hum- sentimental and out of style. I still do. And United States submits a budget to the phrey was loved in our State, loved I remain an optimist with joy, without apol- Congress, and nobody in the Senate enough for people to stand outside for ogy, about this country and about the Amer- agrees to vote for it. How disconnected hours in the dead cold of a Minnesota ican experiment in democracy. could that budget be from the realities winter. These are words that resonate today, of what our country’s needs are if even I can honestly say that Humphrey words that remind us of the amazing the people of his own party won’t vote had an enormous impact on my own life and legacy of a man who did so for it? I was inclined to vote for it just views of public service. You can go much for the causes of justice, democ- so we could have a debate on his budg- down the list of landmark Federal leg- racy, and accountability. America is a et. But the fact is, we didn’t have a de- islation in the past 60 years, and his better place for his leadership, and that bate on any budget. fingerprints are all over them—civil is why we honor him today. So as we sit here, we are borrowing rights, Medicare, nuclear arms control, Mr. President, I again thank my col- $4.3 billion a day and running a $1.6 the Peace Corps, the list goes on and league from Oklahoma for allowing me trillion deficit and mortgaging the on. Hubert Humphrey’s impact con- to put in these good words for Senator very future of our children. The very tinues to be felt in our State. Humphrey. reason we work so hard and the reason Humphrey was a compassionate man, I yield the floor. we live is to nurture and support those but he was no pushover. He never The PRESIDING OFFICER. The Sen- who come after us, and to ignore that backed down from a fight worth fight- ator from Oklahoma. responsibility is absolutely uncalled ing. When he was asked to speak at the f for. Congress deserves every recogni- Democratic National Convention in tion from the American people for THE BUDGET 1948, he dove headfirst into one of the being a farce. You can’t have the kinds most controversial topics at the time— Mr. COBURN. Mr. President, I wish of problems we have in front of us and racial inequality. It was a gutsy move, to spend a few minutes this evening not attempt to address them. especially considering how divisive talking about where we are as a nation. I want to spend a minute talking to civil rights issues were for the Demo- I have to say I am discouraged at the every Medicare patient in the country. cratic Party. And let’s not forget that work of the Senate. If we look around I have practiced medicine for 25 years. as a 37-year-old mayor of Minneapolis— and take in the whole picture here, I have cared for thousands of Medicare and the Presiding Officer can relate to there is nobody here, essentially, and patients. I understand, at 63 years of this as a former mayor himself—Hum- they are not going to be here for 9 or 10 age, with three pretty significant dis- phrey’s political career was just get- more days. The question I put forward ease processes going on in my own ting off the ground. He had a lot to is, If your own personal household was body, about worrying about one’s lose. But he was convinced that seg- in trouble, financially or otherwise; if health. I worry about the security regation and Jim Crow were hurting you knew you weren’t going to be able around that health. It is important our country, and he was determined to to pay the bills; if you knew your cred- enough to me to really take the medi- challenge the status quo on the na- it cards were maxed out, would you cines and to follow the diet my doctor tional stage even if it meant risking just sit on the couch and do nothing or is offering me now that I am 63. I prob- his political career. That was Hubert would you work to protect your fam- ably wouldn’t have paid attention 20 Humphrey. ily? Would you go out and do whatever years ago, but today I am doing that. I think the last, most important you could? Would you take advantage The health care that is available to thing to point out about Hubert Hum- of every opportunity to secure the fu- me is important to me, as I know it is phrey is that he was above all things ture for your family? to every Medicare recipient out there. an optimist. To this day, the Senate, Well, we have big problems in our But the facts are the following: Politi- according to our colleagues, has never country, and it doesn’t matter how we cians want to use Medicare as a tactic seen anyone quite like him—bursting got here. The fact is, we are borrowing to scare people into not doing what we with energy, idealism and hopefulness, $4.3 billion a day. The interest on our as a nation are going to ultimately do a happy warrior. debt is $2.8 billion a day. We are at a anyway. We will have to fix Medicare. I have a picture of the ‘‘Happy War- point where if we don’t start making And we can fix it in a way that assures rior’’ hanging in my front office, and it the very difficult decisions for our every senior who absolutely needs the hangs there in a visible place for a good country despite our fear of the political help of Medicare and is dependent on reason. It is because I am convinced consequences, we will be like the per- Medicare will have that health care. that now more than ever our Nation son who, when his family was in trou- Anybody who says something other needs a good dose of the hope and opti- ble, didn’t try to solve the problem. than that either cares a whole lot more mism that defined Hubert Humphrey’s Mr. President, we don’t have a budg- about themselves and their political life. et. Yesterday we had political votes on career or they are absolutely dis- The truth is, we have to go back dec- budgets, but it was a game. For the honest, because it is absolutely impos- ades to find a time when we were con- last 2-plus years, no budget has come sible for us to raise the money to con- fronted with so many challenges—two through the Senate. There is a reason tinue to run Medicare the way it is

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3409 today. It will change in the next 4 or 5 The real problems are we have made we can continue to do the savings we years no matter what the politicians promises without creating the revenues are going to have to get out of Medi- say, no matter what the next elec- to pay for it. We can tax 100 percent of care by doing that, you will not have tion—it has to change. The good news all the income of everybody above anybody taking care of Medicare pa- is we can give as good care or better $100,000 in income in this country and tients because they will not be able to with fewer dollars if we will make the you will not fix the deficit this year— afford to. Those payments to the physi- right changes in Medicare. if you took 100 percent of everything cians are less than 30 percent of the What most Medicare patients don’t everybody earned over $100,000—that is total payments of Medicare. understand is that $1 out of every $3 how great the problem is. We have a Then they transfer over to the hos- spent on Medicare is not going to help $14.3 trillion debt that, if in fact the pitals, so we are going to cut what we you get better and isn’t preventing you debt limit is extended, will be past $15 pay to the hospitals. Some hospitals from getting sicker. Those are facts. trillion by December. When is it going can afford that, some cannot. What They are backed up by four studies to stop? When are we going to start happens when the hospitals that can- now, four long-term studies. If $1 out of thinking about the future of our coun- not afford that close? Where do you get every $3 is going into Medicare and it try and the security of our country in- your hospital care? Prescription is not effective in actually helping you stead of the next election and how we drugs—we are going to cut the price of with health care, and that $1 out of can look good as the media plays the prescription drugs. Consequently, no every $3 we are borrowing from the game on politics? new drugs are coming on line because Chinese this year to keep Medicare It is amazing; today most of the sto- of the rate of return for the billion dol- afloat—and that is just the hospital ries in the newspaper were about Medi- lar cost that it is for any new drug just system, that is Part A—why would we care and the effect of an election up in to get it through the FDA. All of a sud- not want to make the hard choices and New York, a congressional election. I den the things you count on are not fix it? don’t think that matters a twit on there. The reason you are not seeing that what is going on in this country. What Let me mention the second way the come forth is somebody sees an advan- was not said in the papers is that no- President would have us control. That tage in an election to game Medicare. body voted for the President’s budget. is they have what is called an Innova- The fact is, it is not just Medicare that That was not the headline anywhere. It tion Council, under the Affordable Care is broken. The whole entire health care was not the headline that the Congress Act. What is that purpose? The purpose system is broken because we do not does not have a budget. The House has of the Innovation Council is to decide allow markets to allocate it in an effi- passed a budget. You don’t have to whether Medicare can afford new inno- cient way and we do not hold physi- agree with it but at least they passed vation in medicine to be offered to cians such as myself accountable to be one. But you have all this criticism of Medicare patients. That is the same very frugal with the tests we order and a proposed plan that came through the thing as saying: Here is a new drug, it the treatments we order. House that actually will solve the As we continue to think about our- will cure your breast cancer, but we problem, make sure everybody on selves and say I do not want any don’t think we can afford it so there- Medicare actually gets the care they change—and that is the other point I fore it is not available under Medicare. want and actually will take $1 of those want to make. As I get older, I find I One is direct rationing; the other is in- $3 that we are wasting, one out of every resist change more than anything. But direct rationing. But the fact is we three, and put it into actually taking the one absolute that is going to hap- cannot fix Medicare by rationing. You care of patients. But the people who pen is that Medicare is going to change will not fix it that way. What you will are critical of that plan have no plan and it does not matter what any politi- do is limit care and limit access—simi- themselves. And, if you have a plan, cian from Washington tells you, it has lar to what we have under Medicaid. the plan is the following—it is the plan to change. Otherwise we will be in an If you look at the trustees’ report on absolute depression. We will not be that passed, what we know as Medicare, what they are saying will able to accomplish any of the things we ObamaCare, but what is the health have to happen is that the reimburse- are accomplishing now under Medicare. care bill that was passed in the last ment rates under Medicare will end up It will change. Congress. Here is the plan, just so we being lower than the reimbursement If it is going to change, why don’t we understand. rates under Medicaid. That is the an- change it in a way that continues to According to the President’s speech swer they have right now. guarantee the promise of Medicare and at Washington University, the plan is That is not a good answer. No Amer- puts more of a burden on those who that if we have to, we have two mecha- ican thinks that is a good answer. My have more dollars with which to do nisms. He mentioned one of them. He colleagues on both sides of the aisle do that and takes care of the sickest and didn’t mention the other. We have the not think that is a good answer. But poorest the best and puts a greater Independent Payment Advisory Board. that is where we are sitting. load on those who have less of a need Under the Affordable Care Act, the I make the point if we do not address for Medicare? Independent Payment Advisory Board Medicare and if we do not address Med- Some would say that is not fair. Let is mandated to control the growth of icaid and if we do not fix Social Secu- me tell you what is not fair. What is Medicare. Here is how it does it. It rity—and it is true, if Congress had not not fair is the average American puts makes a recommendation on the cut- stolen the $2.6 trillion from it and it $138,000 into Medicare over their work- ting of payments for Medicare. That was sitting in an account, we would be ing career and takes $450,000 out. That recommendation comes before Con- in pretty good shape. We would make it is what is not fair. What is not fair is gress and we either have to accept that another 30 years. But there is a prob- for a 5-year-old to complain about or do something similar to that, in lem in terms of paying back that something not being fair. To quote P.J. terms of the total dollar amounts, to money. Congress stole the money, O’Rourke: ‘‘You were born in America. cut back on the payments for Medi- spent it, and it is not there. So for us That’s not fair.’’ Life is not fair. care. to get the $2.6 trillion to keep it going The fact is, we have a system that is What is the No. 1 problem a new until 2036 we have to borrow more getting ready to crash and we have a Medicare recipient has today? The No. money. We have to borrow that $2.6 political dynamic that people are actu- 1 problem new Medicare recipients trillion. The problem is we are at a ally saying we do not care because we have today is finding a doctor who will debt limit now and we are getting very want to win the next election more care for them, who will take their close to the time when people are going than we want to fix the problem. That Medicare. That is their No. 1 problem. to quit loaning us money. does not apply to everybody, but people If you think we can take this tremen- We can fix Social Security where it is who are gaming this issue, people who dous unfunded liability and continue to for sure as available as it is today—ac- are scaring people who are on Medi- cut—I am not against, as a physician, tually we can make it better for the care, lack the integrity and courage to physicians taking a 5-percent or 6-per- poorest Americans. We can actually talk about what the real problems are cent pay cut under Medicare today. I make it better and we can assure that in this country. am not against that. But if you think it is going to be working forever. But

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3410 CONGRESSIONAL RECORD — SENATE May 26, 2011 that requires change. The political dy- vantage, how do I scare you over the for a discount. They said: I will pay namic says don’t, you can’t touch So- next election? Nobody wants to take you cash up front if you give me a dis- cial Security. away health care for our seniors. What count. By the way, if you want to do How fair is that? How fair is not fix- we want to do is ensure it is there in this other test, please explain in detail ing Medicare, not fixing Medicaid, and the future, and to put forward the idea why I should fork out $100 for another not fixing Social Security to those who that the motivation there is to scare ultrasound. And does my wife abso- follow us? I am the grandfather of five you into thinking that somebody lutely have to have this ultrasound? great-grandkids, wonderful kids; I love wants to disrupt your care, that is just When you get questioned that way them to death. I raised three daugh- not true. the doctor says: Well, if you under- ters—actually my wife did most of that There could be a great debate, and I stand that we may miss something but hard work and that is why they turned started this talk on the fact that there basically everything looks good, then I out well. But the fact is, the relation- has not been any debate on the prob- am fine with that as long as you are ship with your children is a special re- lems that are in front of us. There fine with that. lationship, but it does not get close to needs to be a great debate. People need The average pregnancy today in the comparing to the relationship to your to hear what the options are. We need United States has four or five grandkids. There is not anything I to put a budget on the floor and have ultrasounds. I was trained without wouldn’t do for my grandkids and they the hard debates on it, and take the doing any ultrasounds, and I had the kind of know it. They have not taken hard votes, and then try to mix some- same outcomes. So the point is that we can get better advantage of it yet, but they know it. thing with the House; otherwise, here value if we reconnect the purchase of What I would ask is, anybody who is is what is going to happen come Sep- health care with some individual re- on Medicare today who is listening to tember—which is not fair to any Fed- sponsibility. If we disconnect that—and this, here is what you need to know. eral employee. We are going to have that is what we do through private in- No. 1 is there is nobody in Washington another continuing resolution. That is surance and low deductibles, and that who does not want you to have a secure what is coming because we refuse to is what we do through Medicare and medical health care system. But the have a budget that allows the people low deductibles and supplemental poli- problems with it are so severe that it who work for you, through the Federal cies. We do the opposite of that. Once has to be fixed and it cannot wait. And Government, to plan and efficiently we have met our deductible, there is no that requires change. The problems of carry out what the Congress directs. cost. So we are not prudent consumers. our country as a whole are so severe We are just going to do a continuing As we age, we worry a lot about new that we are not going to be able to bor- resolution. It is a highly inefficient symptoms, so we access the health care row the money to pay back what we way to run the Government. As a mat- system. Once you access, the costs just owe Social Security if we do not fix ter of fact, I will tell you that any fam- start ticking up. Medicare and Medicaid because nobody ily who does not run on a budget is set So the point I make is there are a lot is going to loan it. They are going to up for getting in trouble. of things we can do better in health say you haven’t done what you need to We are not running on a budget now. care if, in fact, we have market forces do. The bills are coming in and we have a and transparency helping us do that. I What has to happen is we have to continuing resolution until September would suggest we can have a Medicare think about our grandkids. I don’t like 30. But we do not have a budget, we Program that is efficient, that works, going through change very much but I have no plan, we don’t know what we and that doesn’t have $70 billion worth will tell you there is one group of kids need to do, what are the changes we of fraud in it by the end of the year, by that I will go through change for, I will need to make. We are not listening to the way—$70 billion, well over 10 per- sacrifice for, I will give something up the people running the program. We cent—and improper payments above 10 for me. What we are asking you to give are not listening to the American peo- percent as well. So $70 billion in fraud up is the comfort of what you know ple as we do that. and $70 billion in improper payments in now, and move to the comfort of some- We can fix health care in this coun- Medicare. We could solve the problem thing that is going to supply the same try. The problem is the cost of health right there if Congress would do it. But thing to you, just in a different way. care. The reason it costs so much is we don’t because we would rather have Anybody who games that will not put that the vast majority of Americans a political game and game people’s forward a solution to the very prob- think somebody else is paying the bill. fears on health care and Medicare than lems that are in front of us. I will end with this story. I see my fix the problem. To the seniors out there who are on colleague from Alabama is here. I have What I hope seniors will do over this Medicare, nobody is proposing any im- delivered thousands of babies, but next year, as they hear the politicians pact on you today for the next 10 years. there is a particular group I always en- make all these wild claims about peo- Any proposal would be for those people joyed delivering for because they are ple’s motivations and the damage to who are 55 and less and we are saying unique. They were the best purchasers Medicare, is when you hear that, think we have to change it so we can keep it. of health care I have ever encountered. about that in light of your grand- If we do not change it, nobody is going They are from a little town called children. Think about yourself and to have it. By the way, we are going to Inola and another called Chouteau, OK, what you want versus what you want have trouble surviving if we don’t and they are Amish. When they come your grandchildren to have because change it because we are not going to to buy health care—they don’t have there is no question that the $14.2 tril- be able to manage this tremendous health insurance, by the way. Very few lion and under the President’s budget amount of debt which is over $55,000 of them have a college education. They the $23 trillion we are going to have at per man, woman, and child in this work with their hands. They are into least in 9 more years is going to be paid country today. dairy or carpentry or farming or some- back by them, not you. What that real- We have to think about our thing, but they work with their hands. ly means is they are going to have a far grandkids. We have to quit listening to They have lots of good common sense. lower standard of living than you do so the political shill who says somebody I can tell my colleagues without a you don’t have to get out of your com- wants to hurt you. Everybody who has doubt that of the 500 Amish babies I de- fort zone. put forward ideas on Medicare has a le- livered, they bought that service from I trust America a whole lot more gitimate basis with which to be critical the hospital, from me, from the radi- than I trust the U.S. Congress. We have of any other. But any politician in the ologist, and from the labs at 40 percent a $1 trillion deficit of common sense in Senate or the House who has not put less than anybody else bought it. Why Washington, and we have an excess of forth their solution to get us out of the is that? It is because they were great common sense outside of Washington. problems you should give no quarter consumers of health care and the If you will trust your common sense to. You should not listen to the first money was coming out of their pock- and look at what we are doing, what word they say because what they are ets. They didn’t think somebody else you will find is we can solve our prob- thinking about is the next election. was paying for it. They knew they were lems, we can come together as a na- They are thinking how do I take ad- paying for it, so therefore they asked tion, we can fix what ails us, and we

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3411 can do that without destroying the fu- Let me give an example. We had the Mr. SESSIONS. Seventy-one percent. ture of our children and grandchildren. small business bill up—the only thing Does my colleague think perhaps that I yield the floor to my colleague from we have done of significance since we some of us here in Washington are Alabama. have been back in this session. It took overly afraid of being frank and truth- The PRESIDING OFFICER. The Sen- 2 weeks to get a bipartisan amendment ful with our constituents about the ator from Alabama. that would save $5 billion out of the challenges America faces? Mr. SESSIONS. I ask unanimous con- duplication that was reported by the Mr. COBURN. Well, I would answer sent to enter into a colloquy with Sen- Government Accountability Office— through the Chair that I think we are ator COBURN, if he has a moment to hundreds of billions of dollars. It took perplexed. We know intellectually that stay, for up to 10 minutes. 2 weeks to finally get a vote on that. there is a big problem, and we have The PRESIDING OFFICER. Without My colleague from Virginia and I co- this challenge: Do I go down this path objection, it is so ordered. sponsored that. It won. That is one of and do the best thing for the country Mr. SESSIONS. Mr. President, Sen- the reasons we didn’t finish the bill, is or do I go down this path to do the best ator COBURN served on the debt com- because they don’t want to do that. thing for me? mission. Senator COBURN had no bur- They don’t want to make the hard I look at politics differently than den to run for reelection. I am so glad choices. So it is an abrogation of our most of our colleagues. To the Senator he did. He is one of the most valuable responsibility to not do the hard part from Alabama, I would say I don’t real- Members of this Senate. that comes with the job. ly care whether I am here; I care I have an understanding that the The job comes with a whole lot of whether America is here. But the point Senator from Oklahoma came here to rasping on your skin. You are going to ought to be, how do we secure the vote try to do something about the debt this get criticized. But the ultimate fatal and how do we establish trust with the country faces. Is that fair to say? criticism is to make a choice not to American people? Mr. COBURN. That is correct. Mr. SESSIONS. The Senator believes get—put yourself in a position to be If my colleague will go with me—and this Congress has a responsibility to criticized. So what we are saying is we I know he knows this—look at the con- confront what Admiral Mullen calls are going to do nothing. We are not fidence in the Congress of the people in the greatest threat to our national se- going to do what we are constitu- this country. Why is there a lack of curity, which is our debt. tionally supposed to do by April 15 confidence? Why is it that 80 percent of The Senator also has tremendous ex- every year; that is, have a budget. We the people of the United States didn’t perience as a practicing physician. The are not going to debate the issues. We have any confidence in Congress? I can Senator practiced up until the very day are not going to cast our votes because tell my colleague why. It is because we he was elected. How many years ago somebody may affect somebody’s elec- have milked trust and credibility from was that? tion outcome. How big of cowards are those very people. Mr. COBURN. Seven years. we that we can’t defend the vote we I get letters all the time from people Mr. SESSIONS. Seven years ago. He make? I don’t have any problem. You who disagree with me. They will write continued to practice even while in the throw the hardest vote from the other me, and I actually—I am involved in Senate until the bureaucrats made it side at me, and I will make a decision every answer to every inquiry that impossible, I guess, to do so. So the on it, whether I think it is right or comes into my office. I actually read Senator from Oklahoma comes here wrong, and then I will defend it. But to them because I want to know what the with practical experience, a brilliant not vote at all is an absolute abroga- people from Oklahoma say. But even mind, and a committed vision for tion of our oath, and that is the leader- though they disagree with me, they America. ship we are experiencing. It is not just vote for me because they trust me be- I appreciate the Senator sharing his Democratic leadership. We have some cause I am not gaming them as they frustration about what has occurred on our side who don’t want to cast hard have seen with the gaming on Medi- this week. votes either. care. This is a quote that was in the Wall The point is, the American people Our problems are real. The solutions Street Journal by Democratic Senate need us to be casting hard votes now. are difficult. But America can over- strategists about this scheme and plan Our problems are greater than at any come that if we come together. If we that was offered in four votes yester- time since World War II. The challenge stay divided as we have seen here with day—votes the majority had conceived to our country is greater than World no budget votes, no hard votes, and we in such a way that they were guaran- War II. The outcome of our Republic try to game it politically, what we are teed to fail and nothing was going to depends on us solving the very real and doing is undermining our country’s fu- happen. It was a guaranteed plan to en- urgent and difficult problems in front ture. It doesn’t matter who wins the sure nothing would happen. This is of us and doing so in a way that pre- next election; what we need to do is what the journal said about it: serves the future of this country and save America. As a political matter, Democratic strate- reestablishes and reforms us to where Mr. SESSIONS. Mr. President, the gists say there may be little benefit in pro- we get our mojo back so we can start Senator has served on the debt com- ducing a budget that would inevitably in- believing in ourselves again. To not do mission. I know there has been a conclude unpopular items. it and to not have the courage to sac- certed effort to blame and exaggerate The Senator is famous for telling the rifice your own position for the better- and distort the House budget, particu- truth. If he would, I would like him to ment of this country—that is what we larly as it refers to Medicare. respond to that. What does that say ought to be about, and I don’t see that. Again, quoting Democratic Senate about our Senate, that the Democrats Mr. SESSIONS. Let me ask the Sen- strategists, this is what the Wall say there would be little political ben- ator. The Senator just won an over- Street Journal said: efit in producing a budget that might whelming reelection. There is not a Many Democrats believe a recent House include unpopular items? Doesn’t a Senator here, I don’t think anybody GOP proposal to overhaul Medicare is prov- tough budget that gets us on the right would dispute, who has been more ing to be unpopular and has given Democrats path have to have some things in it frank in expressing the need that all of a political advantage. They are loath to give that up by proposing higher taxes. that some people might not like? us are going to have to rein in our Mr. COBURN. Well, to my colleague, spending and who shared that directly Which they would prefer as a solu- through the Chair, I would answer, with his constituents. When they have tion. What is our obligation? Is our obliga- asked for things, the Senator from Senate Democrats plan to hold a vote on tion to win the next election or is our Oklahoma has tried to help them, I the Ryan plan . . . obligation to solve the problems in know, but he is frank with his con- Which they did yesterday— front of our country? It is not even a stituents. . . . hoping to force GOP Senators to cast a matter of having votes. We can’t even Would the Senator share with us vote on the Medicare overhaul that could get bills on the floor for the Members what kind of percentage he got in the prove politically difficult. that actually would save some money last election? I say to Senator COBURN, you served right now. Mr. COBURN. I got 71.8 percent. on the debt commission. This is what

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I have cally said there was prima facie evi- The budget released this morning by the watched him with admiration over the dence of illegal discrimination because House Budget Committee Chairman PAUL years with consistency and fidelity for Boeing has decided to expand and build RYAN is a serious, honest, straightforward the national interest to work to bring a production plant in South Carolina. approach to addressing our nation’s enor- our spending under control. Boeing’s main operation is in Wash- mous fiscal challenges. We applaud him for I see our colleague, Senator ALEX- ington State, a State without a right- his work in putting forward a proposal which will reduce the country’s deficit by approxi- ANDER, in the Chamber, and I will yield to-work law. In contrast, South Caro- mately the same amount as the plan of the the floor. I will just follow up, before I lina is a State with a right-to-work President’s Fiscal Commission. do that, with a quote from Erskine law. This is notwithstanding the fact They also went on to say that if you Bowles. that Boeing has already added 2,000 em- criticize it, you have a responsibility When the President announced his ployees in Washington State since an- to offer an alternative. budget not long after the deficit com- nouncing its expansion. At the same I say to the Senator, you served with mission he called together had made time, it has nearly finished this new Mr. Bowles. He was a Democratic Chief some pretty good proposals about how plant in South Carolina, spending $1 of Staff to President Clinton and was to improve fiscal matters in the United billion, hiring 1,500 construction work- appointed by President Obama to chair States, Mr. Bowles was, obviously, ers and over 500 employees to work in this commission. That does not sound deeply disappointed with what the the facility. Then, all of a sudden, here like the things we heard yesterday, at- President submitted and said this plan comes this complaint. tacking the House Ryan budget, does goes ‘‘nowhere near where they will This is not just a South Carolina it? have to go to resolve our [country’s] matter. It affects the entire country Mr. COBURN. It does not. But it is fiscal nightmare.’’ and many of us have spoken out about interesting to note that the President’s I think there is a consensus that we it. I want to review it just for a mo- deficit commission was set up by the are facing a fiscal nightmare. We are ment. President and had six of his nominees going to have to take some serious This complaint against Boeing is just on it. It had six Republicans and six steps in that regard. one indication of the Administration’s Democrats. Five of the six Presidential Mr. President, I think there are some anti-business, anti-growth, and anti- nominees he nominated agreed with other Members who have reserved jobs agenda. That is why Senators the deficit commission, three of the six time. If there are no other Members GRAHAM, DEMINT, and I—actually there Republicans agreed, and three of the here who have reserved time after Sen- are 35 Senators who are cosponsoring Democrats—a pretty good meeting in ator ALEXANDER completes his re- this bill—have introduced the Job Pro- the middle. Yet the President did not marks, I ask unanimous consent that I tection Act, to protect right-to-work embrace the results of his own commis- be recognized at that time. states and employers from an inde- sion, did not embrace the results of the Mr. ALEXANDER. Mr. President, I pendent government body run amok. people he appointed. So what was the will not object. I say to Senator SES- Our bill preserves the Federal law’s purpose of that exercise? Was it to SIONS, I think Senator HATCH is ex- current protection of state right-to- make political hay or was it to solve pected to come down. That is the only work laws in the National Labor Rela- the problems? one I know of. tions Act and provides necessary clar- The fact is, I have five colleagues in Mr. SESSIONS. As I said, my consent ity to prevent the NLRB from moving the Senate who have been working would be that if anyone has reserved forward in its case against Boeing or hard on that over the past 5 months to time, they would get it before I will attempting a similar strategy against try to build a bipartisan agreement out speak. other companies. of the basis of that. That is what has to The PRESIDING OFFICER. Without Now it seems the NLRB wants to happen—except politics. objection, it is so ordered. change the rules governing how and I go back and just refer to my col- The Senator from Tennessee. when a company can relocate from one league, if you look at the history of re- Mr. ALEXANDER. Mr. President, I State to another. According to a May publics, the track record is not very congratulate Senator SESSIONS and 10 internal memorandum from the good. The average age of the world’s re- Senator COBURN for their principled re- NLRB General Counsel’s Office, they publics is 207 years. That is our average marks about the phenomenon of Wash- want to give unions power over major age. We are 27 years past the average. ington spending. We are borrowing 40 business decisions and require compa- The question is, Can we cheat history? cents of every dollar we spend. We can- nies, such as Boeing, to collectively Can we not fall like the rest of the re- not keep spending money we do not bargain if it wants to relocate a facil- publics over the very same things? have. And we want to save Medicare. ity. They all fell over fiscal issues. They let So those two major difficult decisions As was explained by James Sherk, a their spending get out of control, they are things that we need to work on to- senior policy analyst in labor econom- let their debt get out of control, and gether—to stop spending money we do ics, and Hans A. Von Spakovsky, a sen- then they could not afford the promises not have and saving Medicare. We can ior legal fellow at the Heritage Foun- they made. do both if we put our minds to it. dation, in a recent article in National I will say to my colleague, this is not Mr. President, I ask unanimous con- Review Online: an issue of the budget chairman. This sent to speak for up to 15 minutes. NLRB wants to force companies to provide is an issue of the leadership of the Sen- The PRESIDING OFFICER. Without detailed economic justifications (including ate that does not want a budget. We underlying cost or benefit considerations) for objection, it is so ordered. relocation decisions to allow unions to bar- ought to be very clear that the Amer- Mr. ALEXANDER. Mr. President, if gain over them—or lose the right to make ican people know that Congress is not you would let me know when 1 minute those decisions without bargaining over doing its job—this body, for sure—be- remains, I would appreciate it. them. . . . Either way, businesses would have cause we are not making the hard f to negotiate their investment plans with choices we were sent up here to make. union bosses. What we are doing is punting. We are JOB PROTECTION ACT AND THE Sherk and von Spakovsky describe going to come to a crisis, and the crisis NLRB this as a ‘‘heads I win, tails you lose’’ is going to be painful, and it is going to Mr. ALEXANDER. Mr. President, scenario for unions. These decisions be- be much more painful than had we last month the Acting General Counsel long in the corporate boardroom, not made the hard choices today. of the National Labor Relations Board at the collective bargaining table. So I want to thank the ranking mem- (NLRB) filed a complaint against the The goal of this NLRB is to place the ber of the Budget Committee for his nation’s largest exporter, the Boeing interests of organized labor over those leadership. We can solve any problem company—a company with 170,000-some of business, shareholders, and economic in front of us, Mr. Ranking Member, employees, 150,000 of which in the growth. Their means is to change well-

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3413 established law governing business de- maintained. But, what the NLRB and would drop his case against Boeing if cisions under the National Labor Rela- Associate General Counsel are now pro- the company agreed to build 10 planes tions Act. posing goes much further, changes un- in Washington, rather than 7. Specifi- The Supreme Court has reasoned derstood law, and places an unreason- cally she said: that ‘‘an employer must have some de- able burden on employers. We are not telling Boeing they can’t build gree of certainty beforehand as to when As was observed by Sherk and planes in South Carolina. We are talking it may proceed to reach decisions with- Spakovsky, this new test would raise about one specific piece of work: three out fear of later evaluations labeling the costs to businesses by dragging on planes a month. If they keep those three planes a month in Washington, there is no its conduct an unfair labor practice. collective bargaining, by preventing problem. Under the Dubuque Packing case and them from legally executing a decision So they can build planes in South subsequent NLRB jurisprudence, a that is in the best interests of their Carolina, just not the three they had company may make a major business shareholders until bargaining hits an planned. So now the Federal Govern- decision, such as relocation, outside of impasse, and by forcing them to pro- ment or the NLRB is sitting on collective bargaining. Accordingly, the vide detailed economic justification Boeing’s board and determining the burden is initially on the NLRB’s Gen- and negotiate their investment plans means of production for American in- eral Counsel to establish that an em- with union bosses before having the dustry while the economy continues to ployer’s decision to relocate work is right to execute a relocation plan. Ef- struggle. In Tennessee, we have had 24 unaccompanied by a basic change in fectively, it would give a union a seat months of 9 percent unemployment. the nature of the employer’s operation, at the board of directors through the Our job is to make it easier and such as being part of an overarching re- force of law and tip the scales of justice cheaper for the private sector to create structuring plan. in their favor. If employers do not com- jobs. The NLRB is not acting in the The Dubuque test was most recently ply, then they will lose the right to best interests of American workers applied by the NLRB in holding that an later claim their relocation decision through its continued attempts to de- employer, Embarq Corporation, did not did not have to be collectively bar- part from well-established law and dic- violate the law by refusing to provide gained under the National Labor Rela- tate integral business decisions to com- information about or bargain over a tions Act. panies. planned relocation of its Nevada call So as with the NLRB Acting General I ask unanimous consent to have center to Florida. Both of those happen Counsel’s action against Boeing, this printed in the RECORD a memorandum to be right-to-work States, as Ten- potential new posture by the Office of from the Associate General Counsel of nessee is. the General Counsel represents a de- NLRB, dated May 10, as well as an arti- In a concurring opinion, NLRB Chair- parture from well-established law. cle from National Review Online, dated man Liebman expressed her desire to They do not like the outcome, so they May 16. change the rules governing relocation want to change the rules and give There being no objection, the mate- decisions and collective bargaining. unions greater leverage over their em- rial was ordered to be printed in the The Chairman noted her displeasure ployers, who provide the jobs in the RECORD, as follows: that, in her words, ‘‘the law does not first place. They are more concerned OFFICE OF THE GENERAL COUNSEL, compel the production of’’ information about producing outcomes that facili- DIVISION OF OPERATIONS-MANAGEMENT fully explaining the underlying cost or tate the collective bargaining process, May 10, 2011. benefit considerations of a company’s rather than those that foster economic MEMORANDUM OM 11–58 relocation decision. The Chairman then growth, exports, and jobs. To: All Regional Directors, Officers-in- suggested requiring employers to pro- Those decisions are best left to the Charge, and Resident Officers. vide unions with economic justifica- owners, officers, shareholders, and di- From: Richard A. Siegel, Associate General tion wherever there was a ‘‘reasonable rectors of businesses, not organized Counsel. likelihood’’ that labor-cost concessions labor or the Federal Government. This Subject: Submission to Advice of Informa- tion Cases in Relocation Situations. might affect an impending decision to potential change in well-established In Embarq Corp., 356 NLRB No. 125 (2011), relocate. law would be another blow to manufac- the Board held that the Employer did not In practice, the burden would shift to turing growth and expansion in the violate Section 8(a)(5) by refusing to bargain the employer, before making its reloca- United States and further incentive for with the Union over its decision to close a tion, to advise and explain to its union manufacturers to expand or open a new call center in Nevada and relocate that work the basis for its decision, supported by facility in Mexico, in China, or in India to its call center in Florida. Applying Du- detailed economic justification. Then, to meet their growing need. buque Packing Co., 303 NLRB 386 (1981), en- if it does turn on labor costs, the em- Republicans are not the only ones forced in pertinent part, 1 F.3d 24 (D.C. Cir. 1993), cert. denied, 511 U.S. 1138 (1994), the ployer would be required to provide the who are outraged by the direction the Board found that, although the decision did union with information supporting the NLRB seems to be headed. William not involve a change in the scope or direc- labor cost/savings underlying its deci- Gould, who chaired the NLRB during tion of the enterprise, and labor costs were a sion. If the employer failed to provide the Clinton administration, was re- factor, the relocation was nevertheless not a such information and labor costs were cently quoted in Slate magazine ex- mandatory subject of bargaining because the a factor, it would be precluded from pressing his unease with the board’s ac- Union could not have offered labor-cost con- making those decisions without collection. Specifically, he said, ‘‘The Boeing cessions sufficient to alter the Employer’s decision. The Board also dismissed an allega- tive bargaining. case is unprecedented,’’ and he tion that the Employer had violated Section Following this decision against ‘‘doesn’t agree with what the [Acting] 8(a)(5) by refusing to provide information Embarq Corporation, the NLRB Asso- General Counsel has done [by] . . . try- relevant to its relocation decision; since the ciate General Counsel issued an inter- ing to equate an employer’s concern decision was not a mandatory subject of bar- nal memorandum on May 10 suggesting with strikes that disrupt production gaining, there was no obligation to provide that Chairman Liebman’s new test and make it difficult to meet deadlines information about it. should now be examined and considered . . . with hostility toward trade union- In a concurring opinion, however, Chair- man Liebman suggested that she would con- in all cases concerning relocations that ism.’’ That is the Clinton Administra- sider modifying the Dubuque Packing frame- come before the board. tion’s NLRB General Counsel. work with regard to information requests if Now, I am all for requiring employers Coming back to the Boeing issue, a party were to ask the Board to revisit ex- to provide advance notice to their which is set to be heard by an adminis- isting law in this area. Specifically, she iden- labor organizations and offering the trative judge on June 14, recent com- tified an anomaly in present law, which pro- economic reasons for a proposed relo- ments in the press from an NLRB vides somewhat inconsistently that: (1) an cation, a shutdown, or a transfer of ex- spokeswoman shed further light on employer would enhance its chances of es- isting or future work. Providing notice how the board’s agenda flies in the face tablishing that labor-cost concessions could not have altered the decision, under the Du- and reasoning is already required under of the very concept of capitalism. buque Packing standard, ‘‘by describing its existing law and jurisprudence. We in- On May 19, various press outlets reasons for relocating to the union, fully excluded this in our Job Protection Act quoted this spokeswoman suggesting plaining the underlying cost or benefit con- to make sure the spirit of the law was that the NLRB Acting General Counsel siderations, and asking whether the union

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3414 CONGRESSIONAL RECORD — SENATE May 26, 2011 could offer labor cost reductions that would cate that work to its call center in Florida ging them into the wall. I am talking enable the employer to meet its profit objec- (also a right-to-work state). about electric cars and light trucks tives,’’ 303 NLRB at 392, and (2) a union is Specifically, the NLRB wants to force com- that almost every major manufacturer not entitled to such information if the Board panies to provide detailed economic jus- is now beginning to make, and we do determines in hindsight that the union could tifications (including underlying cost or ben- not have made sufficient concessions to efit considerations) for relocation decisions not have to build one new powerplant change the decision and therefore that the to allow unions to bargain over them—or to do it. decision was not a mandatory subject of bar- lose the right to make those decisions with- Last week Senator MERKLEY and I gaining. Chairman Liebman would consider out bargaining over them. It is a ‘‘heads I appeared before the Energy Committee modifying the Dubuque Packing framework win, tails you lose’’ situation for unions. Ei- to talk about our legislation, the Pro- by requiring employers to provide requested ther way, businesses would have to negotiate moting Electric Vehicles Act. I said to information about relocation decisions their investment plans with union bosses. In the Committee: The main differences whenever there is a reasonable likelihood the concurrence that she wrote in the between the bill this year and the one that labor-cost concessions might affect the Embarq decision Liebman expressed her dis- the Committee reported last year by a decision. She posits that, if the employer pleasure that ‘‘the law does not compel the vote of 19 to 4, a good bipartisan vote, provided the information and the union production of’’ such information to unions. failed to offer concessions, the union would What Liebman envisions would raise busi- is that the price of gasoline is higher be precluded from arguing to the Board that ness costs enormously. Current labor law than it was last year and our bill costs it could have made concessions. If, on the and the attitude of the pro-union NLRB en- less than it did last year. other hand, the employer failed to provide ables unions to drag negotiations on . . . and Encouraging electric vehicles is an such information where labor costs were a on . . . and on. Until bargaining hits an ‘‘im- appropriate short-term role for the factor, it would be precluded from arguing passe,’’ employers could not legally make Federal Government. Our legislation that the union could not have made suffi- any business changes opposed by their union. establishes short-term incentives for cient concessions. The NRLB’s goal is not just to prevent the wide adoption of vehicles in 8 to 15 The General Counsel wishes to examine the companies from investing in right-to-work pilot communities. Our legislation ad- concerns raised by Chairman Liebman in states. The board apparently also wants to Embarq, and determine whether to propose a force employers to make unions ‘‘an equal vances battery research. The $1 billion new standard in cases involving these kinds partner in the running of the business enter- that we save relative to last year’s bill, of information requests. That determination prise,’’ something the Supreme Court ruled we save by avoiding duplicating other will be made based upon a case-by-case rein First National Maintenance Corp. v. research programs. view of submissions to the Division of Ad- NLRB and is specifically not required by the Finally, if you believe that the solu- vice. Therefore, Regions should submit to NLRA. But the board wants business deci- tion to $4 gasoline and high energy Advice all cases presenting the question of sions made to benefit unions, not the share- prices is finding more American energy whether an employer violated Section 8(a)(5) holders, owners, and other employees of a and using less of it, as I do, electric by refusing to provide information related to business, or the overall economy. The Boeing cars and trucks are the best way to use a relocation or other decision properly ana- charges are evidently just a first step toward less. lyzed under Dubuque Packing. that goal. Electrifying half our cars and trucks Signed, f R.A.S. can reduce the use of our foreign oil by EXTENSION OF MORNING one-third, saving money on how we fuel [From the National Review Online, May 16, BUSINESS our transportation system and cutting 2011] Mr. ALEXANDER. Mr. President, I into the billions of dollars we send THE NEW NLRB: BOEING IS JUST THE ask unanimous consent that morning overseas for foreign oil. So instead of BEGINNING making the speech for the rest of my business be extended until 9 p.m. with (By Hans A. von Spakovsky and James time, let me tell a short story. It is a Senators permitted to speak for up to Sherk) story of Ross Perot, the famous Texan, 10 minutes each. The National Labor Relations Board and how he made his money. (NLRB) raised a lot of eyebrows by filing a The PRESIDING OFFICER. Without Back in the sixties, he noticed that complaint against Boeing for opening a new objection, it is so ordered. the big banks down in Dallas were plant in a right-to-work state. But that ac- f locking their doors at 5 o’clock, and tion is just the beginning of the board’s ag- the banks had all of these big com- gressive new pro-union agenda. An internal ELECTRIC VEHICLES puters in the back room, and they were NLRB memorandum, dated May 10, shows Mr. ALEXANDER. Mr. President, locking them up too. They were not that the board wants to give unions much Senator CORKER and I had the privilege greater power over employers and their in- using them at night. of being in Chattanooga, Tennessee on So Mr. Perot made a deal with the vestment and management decisions. Monday for the opening of Volks- Under current NLRB rules, companies can banks. He said: Sell me your unused make major business decisions (like relo- wagen’s North American plant. It was a computer time. And they did at cheap cating a plant) without negotiating with great day for our country. Here is a rates. Then he went to the States and their union—as long as those changes are not major global manufacturer making in talked to the Governors—this is before primarily made to reduce labor costs. For ex- the United States what it plans to sell I was a Governor—and he made a deal ample, a business can unilaterally merge in the United States. We salute Volks- with the States to use that cheap com- several smaller operations into one larger fa- wagen. I salute Chattanooga and Ten- cility to achieve administrative efficiencies. puter time to manage Medicaid data. nessee. One-third of the manufacturing He made $1 billion. Companies only have to negotiate working jobs in our State are auto jobs. There conditions, not their business plans. In the same way, we have an enor- The NLRB apparently intends to change was a new Volkswagen Passat that gets mous amount of unused electricity at that. In the internal memorandum, the 43 miles a gallon. That is good news for night. A conservative estimate is that board’s associate general counsel, Richard Americans who are paying $4 or more a we have an amount of energy that is Siegel, asks the NLRB’s regional directors to gallon for gasoline. unused at night that is equal to the flag such business-relocation cases. Siegel But as I was there at that celebration output of 65 to 70 nuclear power plants explains that the Board is considering for these new fuel-efficient cars, and between 6 p.m. and 6 a.m. If we were to ‘‘whether to propose a new standard’’ in earlier this week at a hearing of the these situations because the chairman of the use that resource to plug in cars and NLRB, Wilma Liebman, has expressed her Energy Committee, I was thinking: trucks at night, we could electrify 43 desire to ‘‘revisit existing law in this area’’ What if I were to say to you or to any- percent of our cars and trucks without by modifying the rule established in a case one I might see, while you are wor- building one new powerplant. It is a called Dubuque Packing. rying about $4 gasoline: Did you know very ambitious goal, to imagine elec- Apparently, Liebman did not like having that we have enough unused fuel sit- trifying half our cars and trucks. It to apply the Dubuque Packing rules in a re- ting over here, that is not oil, to power would take a long time to do it, but it cent case involving the Embarq Corporation 40 percent of our light cars and trucks is the best way to reduce our use of for- and the AFL–CIO. The NLRB decided that at a lower cost? under the Dubuque Packing rules, Embarq eign oil. did not violate the National Labor Relations That is right. We have enough unused I suspect that is the greatest unused Act by refusing to bargain with the union power every night to power 40 percent resource in the United States. What if over its decision to close its call center in of our light cars and trucks. Every someone proposed building 60 or 65 nu- Las Vegas (a right-to-work state) and relo- night. We can do that by simply plug- clear powerplants. Actually, I proposed

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3415 building 100. But if we tried to build 60 There is some suggestion that this mittee by April 1 and that a budget be or 65 more, it would take us 30 or 40 committee should also appropriate the produced by April 15. Congress does not years and cost us $1⁄2 trillion. That is if money. I would respectfully suggest go to jail if it is not passed, I will ac- we could even do it. that we are in a 2-year period where we knowledge. There is no fine. Perhaps Another reason I think this will work have no earmarks because authorizers there should have been. is because it is easy for consumers, and didn’t like appropriators authorizing. Congress writes laws. I guess they I am one. For 2 years, I drove a Toyota Well, let’s be consistent and say to au- make sure that no consequences occur Prius, and it had an A123 battery in it. thorizers, ‘‘You shouldn’t be appro- when they apply to them and they do I increased my mileage to about 80 or priating.’’ Let’s just do the job of au- not comply with their duties. 90 miles a gallon. I just plugged it in at thorizing. Senator MERKLEY and I have The majority leader decided to keep night at home. Very simple. I now have agreed that we will not try to pass this us in pro forma session through the a Nissan Leaf. It is all electric. I have bill when it comes to the floor unless week but to do it in a way that guaran- an apartment nearby the Capitol. I just we can agree to do it in a way that does tees we will take no action on a budg- plug it in at night. I don’t even have a not add to the debt. et. This is a sad thing. It is not a little charger. I just plug it into the wall, So, in summary, I would say it is bitty matter. Our Congress knows we and I can drive it about 2 hours every time to address $4 gasoline and high are in a serious national crisis. I think day and plug it in at night. I have not energy prices. To do that, we need to we can’t deny it, and we have to figure bought any gas since January, since I find more American energy—offshore, out how to respond to it. got my Leaf in Washington, DC. on Federal lands, and in Alaska—but I hope this letter—and I will make it I have had no problems, either with we also need to use less. The single a part of the RECORD—to the majority the modified Toyota Prius that I drove best way to use less is to jump-start leader will have some impact on our for 2 years, or with the Nissan Leaf the use of electric cars and trucks. colleagues and cause them to recon- that I have driven now for about half a Electricity is just a delivery system. sider the actions that have been taken year. Almost every car company is The fuel comes from a whole variety of so far. This is what it says: making electric cars today or will soon things: natural gas, coal, and other DEAR MAJORITY LEADER REID: Today have them on the market. things. marks the 757th day since Congress last So if the extra electricity is avail- adopted a conference report on a budget res- So we jump-start the use of that able—and electric vehicles are easy to olution. But while the Republican House has huge resource that we have just sitting use, and car companies are making met its obligations this year, the Democrat- there unused every single night. Our them, then why do we need for the gov- led Senate remains in open defiance of the committee approved this bill once be- ernment to be involved? That is a good law—last year the Senate did not even call fore. The problem is worse today than up a budget for a vote and this year the Sen- question. For one thing, it is the ur- it was when they approved it last year. ate Budget Committee has not even marked gency of the problem: $4 gasoline is The bill costs less than it did when up a resolution, as required under Sec. 300 of killing our economy. It is throwing a they approved it last year. It is an ap- the Congressional Budget Act of 1974. big wet blanket over it. Despite this dubious distinction, the Sen- The only solution is find more, use propriate role for the Federal Govern- ate plans to adjourn for a week-long recess less. This is the best way to use less. ment. We will work to make sure if on Friday to coincide with Memorial Day, a To my Republican colleagues, I have this body were to pass it that it does holiday that honors our men and women in said before our Committee, and I would not increase the debt. uniform. As our service members put their say today what we have been saying for I urge my colleagues to report the lives on the line to defend this nation, surely bill to the floor and to consider encour- the least Congress can do is produce a plan 3 years in our caucus: Find more and to confront the debt that is placing the use less. aging electric cars and trucks as the single best way to use less energy and whole country at risk. House Republicans We have criticized Democrats for put forward just such a budget weeks ago— wanting to use less without really reduce the use and reduce the cost of an honest plan for prosperity to overcome wanting to find more, and we are sub- gasoline. this nation’s dangerously rising debt, cut ject to the same criticism if we want to I thank the Senator from Alabama wasteful Washington spending, and make our find more—which I think we should— for his courtesy and for listening to my economy more competitive. offshore, on Federal lands, and in Alas- remarks. But, in this time of economic danger, the ka, and then we do not have a credible I yield the floor. Senate continues to stonewall any and all action on a FY2012 budget. For this reason, way to use less. Electric cars and The PRESIDING OFFICER. The Sen- ator from Alabama. we respectfully request that you delay any trucks are the best way to use less. adjournment of this body until you or mem- Another criticism is that our bill f bers of your party in the Senate bring for- interferes with the marketplace. It ADJOURNMENT RESOLUTION ward a budget resolution and schedule a does, but in a short-term and limited meeting of the Budget Committee—a power way. Short-term incentives for new Mr. SESSIONS. Mr. President, today which resides solely with the majority—to technologies—to jump-start nuclear the Senate declined to vote on whether work on that budget. energy, to jump-start natural gas to recess. Someone said the Repub- In an interview last week, you stated, licans blocked the Senate from ‘‘There’s no need to have a Democratic budg- truck fleets, to jump-start electric cars et in my opinion . . . It would be foolish for and trucks in 4 to 5 years—I think are recessing. That is not correct. Repub- licans wrote a letter to the majority us to do a budget at this stage.’’ We find appropriate, given the urgency of the these remarks shocking, especially given the problem. If I am here in 5 years, I will leader and said we should not recess state of our fiscal affairs: the co-chairs of be the first to say this should be the until we have plans set forth and begin President Obama’s own fiscal commission re- end of it. If I am not, I will come back to take action to deal with the budget cently warned that, if we do not take swift and argue for its repeal. that we have not passed that is re- and serious action to address our rising debt, Finally, conservative groups across quired by law to be passed. the United States faces ‘‘the most predict- the country have said national security That is what was done. So when it able economic crisis in its history.’’ comes down to the moment to move to The House completed its work on the demands that we do this. Gary Bauer, FY2012 budget resolution on April 15th. But president of American Values, as well recess and vote to recess, as we are re- no budget can become binding until the Sen- as Richard Land, president of the Eth- quired to do to have a recess, a unani- ate acts. In our view it would be an astound- ics and Religious Liberty Commission, mous consent, or an actual vote, the ing abandonment of responsibility for the endorsed our bill last year, saying that majority leader chose not to vote. I Senate to go on recess without having taken national security concerns overwhelm guess he wanted to protect his mem- any steps to produce a budget. We hope that, any opposition to it, and it is the best bers from having to actually be re- as required by law and in your capacity as way to displace our use of oil. That was corded voting to recess this body when Majority Leader, you change course and fol- them talking. we have not done our work. low the example of the Republican-led House Can we afford it? Well, our proposal The Budget Act, in the United States and provide the American people with the honest leadership and the honest budget is $1 billion cheaper, it is an authoriza- Code, in the Code book, the Budget Act they deserve. tion bill, and we should be setting pri- requires that the Senate commence Until a budget plan is made public, and orities. markup hearings in the Budget Com- until that plan is scheduled for committee

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3416 CONGRESSIONAL RECORD — SENATE May 26, 2011 action, on what basis can the Senate justify has been terribly misrepresented, but tential to damage our economy in a returning home for a one-week vacation and he is prepared to defend it, explain it, very significant and substantial way. It recess while our spending and debt continue and talk to anybody about it. could put us in another recession. That to spiral dangerously out of control? We appreciate your thoughtful consider- But if our colleagues in the Senate is what Mr. Bowles was talking about— ation of this request and welcome any ques- fail to produce a budget—don’t produce a debt crisis, another recession. Maybe tions you might have. one at all—it is kind of hard to hold it could be perhaps worse than the one We are out of sorts. The American them to account, isn’t it? That is why we are in. Our projection for a fragile people are not happy with this Con- it is pretty clear that Senator REID growth is not coming back as much as gress. They say our polling numbers said: Why, it is foolish for us to have a we would like it to. One reason, expert are the lowest they can get. In last budget. It is foolish for us to have a economists tell us, is that we are car- fall’s election, there was a shellacking, budget because we would then be in a rying too much debt and that has the particularly of the big spenders, the position to be held accountable. Was he potential to pull down our economy. ones who want to have more govern- talking about foolish for America to I think we are in a crisis. I think the ment programs and create more debt. have a budget? Was he expressing a economy is so naturally strong, the There was an accounting and I guess view that it is better for America that American people have so many capa- there will be an accounting in the next we have a budget? No. When he said it bilities and such a good work ethic election and we all better be sure we is foolish for us to produce a Demo- that if we get the economy under con- have tried to respond faithfully to the cratic budget, he was talking purely trol and our fiscal house in Washington challenges America faces. politically. He was saying we think it under control, I believe the economy What has happened this week is a is smart politics for us not to put our will come back. But we need to do it mockery, a sham, a joke. We had four necks on the line to actually expose to now, and every day we delay increases votes yesterday. Each one of them was the American people what we believe the risk that we will have a crisis carefully and sophisticatedly struc- in. We would rather be in a position to occur. tured to fail. The one that failed the criticize those people in the House who I thank the Chair. I saw my col- LOBUCHAR. I know she biggest was President Obama’s budget. actually had the gumption—I guess he league, Senator K wants to speak tonight. I will repeat It was voted down unanimously by this would say the foolish sense—to pass a that this matter is not over. We are in body, with zero votes. It was all de- budget and tell the American people a long-term battle for the future of signed to suggest it is impossible for what they think. America. We are in a long-term battle the Senate to pass a budget. But the I have to say that is not a good situa- for the financial security of our Na- Senate doesn’t even require a super- tion. We didn’t have a budget last year. tion. Yes, it is about our grand- majority to pass a budget. Under the We are not having one this year. Is children. But as Mr. Bowles told us and Budget Act that we have, it provides there any wonder, then, our deficits Alan Simpson told us and Alan Green- that it has a preference, has to be continue to spiral out of control to a span told us, we could have a debt cri- brought up properly, and can be passed degree that we have never, ever seen sis in just a few years. Would that not with a simple majority. before? The Democratic majority, similar to Many criticized President Bush—and be a disaster—because of our failure to Republican majorities in the past, have so did I—for the $450 billion budget def- respond to the extraordinary debt we to choose will they seek to pass a budg- icit he produced. I thought it was a are incurring, that we have a financial et that has the broad support of both stunning number. Since President crisis that could put us back into recession. I hope not. I don’t think that parties or will they simply use their Obama has been President, the budget is going to happen this year, but I don’t majority and pass their budget? You deficits have been $1.2 trillion, $1.3 tril- know. We have been warned it might. should do one or the other. A good, bi- lion, and by September 30, it is pro- It is scary. partisan budget is always preferable, jected to be about $1.5 trillion. We will So we are going to continue to talk but sometimes we have different opin- take in $2.2 trillion this year, we ex- about this. We are going to continue to ions. So if you have a different view pect, and we will spend $3.7 trillion. use the rules of the Senate to try to from the other party and you can’t Forty cents-plus of every $1 we spend is force the Senate to comply with the reach an agreement, you have a major- borrowed. We are not confronting that. rules of the United States Code that So we are taking a recess. When it ity, you can pass your budget. You says we should have a budget. We have know, when you do that, what happens. came time to vote to recess, the major- had 757 days without a budget. How When you pass your budget, what hap- ity leader figured out a way to not many more will it be before we have a pens? You lay out for the American have to actually vote to go home be- budget? We will continue that battle. people what you believe. It is one thing cause, I guess, his Members felt they It is going to be a battle for the finan- to criticize someone else, it is another would be embarrassed if they had to cial future of our country. Hopefully, thing to tell the world what you be- vote to go home after being in viola- we will be successful and somehow, lieve. The House has told the world tion of the United States Code to someway, as the pressure builds and what they think would be an effective produce a budget. the American people continue to have budget for the future. What does the This is not going away. This issue is their voices heard, the White House, Senate say? Nothing. We haven’t even not going away. Every expert, includ- which today has been oblivious to commenced a markup in the Budget ing the chairman of the fiscal commis- these challenges, that the Democratic Committee. sion formed by President Obama, the Senate, which has been oblivious to A budget sets forth your vision for chairman of which he appointed Mr. these challenges, will somehow get on the future. It tells how much you want Erskine Bowles, told us in a written board and seriously work with the to cut taxes or raise taxes. It tells how statement, delivered by Mr. Bowles and House to confront the challenges we much you want to raise spending or re- Cochairman Simpson, that this Nation face and put us on a sound path to fi- duce spending. It says how much debt has never faced a more predictable financial security for the future. you expect to accumulate over the nancial crisis. We are heading toward f years to come or whether you would that wall at warp speed. We can have a reach a surplus or a balanced budget. financial crisis. In fact, Mr. Bowles was TRIBUTE TO BRADLEY HAYES That is what a budget does. It holds asked by our chairman, Senator Mr. SESSIONS. Mr. President, I rise you accountable. You have to defend it. CONRAD: When do you think this crisis today to say a few words on the depar- You have to say what it is. might occur? He said: Two years, ture of Bradley Hayes, a valued, long- One thing I have been proud about is maybe less. Alan Simpson said: I think time member of my Judiciary Com- that the Republicans over in the House maybe 1 year. mittee staff. Although I will feel the met their duty and produced a budget Surely, we have to get off the debt loss of his knowledge and enthusiasm, I and they are prepared to defend it. path we are on, spending so much more am pleased that he is moving on to a Congressman RYAN knows what he is than we take in, and 40 cents of every new phase in his career. talking about. He worked on that budg- $1 we spend is borrowed and we pay in- Bradley had a wonderful upbringing et and he is prepared to defend it. It terest on it. The interest has the po- in his home town of Mobile, AL, and a

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3417 stellar academic background. He grad- and regulated the operations of the PFC Joshua S. Ose of Hernando, 19, uated cum laude with a B.S. in busi- gaming industry in Illinois. And he who died September 20, 2010; ness from Birmingham Southern Col- served as senior policy adviser to the PFC William B. Dawson of Tunica, lege. After managing a live music Illinois State police director. 20, who died September 24, 2010; venue in Birmingham for several years, In addition to his extensive experi- SGT Eric C. Newman of Waynesboro, Bradley entered law school at the Uni- ence in law enforcement, First Deputy 30, who died October 14, 2010; versity of Alabama, where he served as Director Tigera was selected to attend 1LT William J. Donnelly IV of Pica- managing editor of the Journal of the the FBI National Academy in yune, 27, who died November 25, 2010; Legal Profession and was an active Quantico, VA, where he successfully SSG Jason A. Rogers of Brandon, 28, member of the moot court board. Im- completed executive management who died April 7, 2011; and mediately after being admitted to the training. He also holds a masters de- SSG David D. Self of Pearl, 29, who Alabama bar, Bradley joined my staff gree in criminal justice administration died May 16, 2011. on the Judiciary Committee. from Lewis University. While their sacrifices will leave a In the 6 years he was with me, Brad- One of the reasons the Illinois State deep void in many lives, I hope their ley served at various times as my legis- Police has grown and flourished under families can find comfort in the fact lative counsel, senior counsel and dep- First Deputy Director Tigera’s leader- that they served proudly and will be uty chief counsel on the Subcommittee ship is his commitment to community. counted among the multitude of Mis- on Administrative Oversight and the He led an initiative to work collabo- sissippians who, over the long history Courts. Throughout that time, he has ratively with community groups and of our great Nation, have bravely worked to secure our borders, protect others within the public safety arena. served and courageously given their our country from the threat of inter- He has always emphasized the impor- lives for their country. national terrorism, secure the private tance of team-building and problem- Mississippians traditionally identify property rights of artists and inventors solving as he served as second-in-com- themselves with a strong support of in the information age, and eliminate mand of a full-service police agency of our national defense and a willingness wasteful spending and destructive liti- 3,500 employees. In addition to his lead- to serve in our Armed Forces. We also gation. Perhaps most importantly, he ership in the Illinois State Police, hold fast to the memory of those lost showed both courage and unwavering First Deputy Director Tigera is a mem- in battle. leadership during the Senate’s debates ber of the Illinois Terrorism Task In fact, Columbus, MS, proudly on comprehensive immigration reform Force, the Governor’s Interstate Gun claims to be the birthplace of Memo- in 2006 and 2007. Bradley’s hard work Trafficking Task Force, and previously rial Day, which was originally des- played an important role during the served as the Chairman of the Board of ignated as Decoration Day to decorate DREAM Act debate last year. Bradley the Chicago High Intensity Drug Traf- the graves of Civil War soldiers. This was an effective staffer during debates ficking Area. tradition evolved into Memorial Day, on the reauthorization of the USA PA- First Deputy Director Tigera has which was recognized as a Federal holi- TRIOT Act in 2005 and 2006. He also been married to Ana for 26 years and is day in 1971. participated in the constitutional ad- the proud father of two sons, Luis, Jr., As we again gather to commemorate vice and consent process for four Su- who has followed in his father’s foot- Memorial Day, people across Mis- preme Court confirmations and count- steps by becoming an Illinois State Po- sissippi will stop to reflect on all those less important executive branch nomi- lice trooper, and Zachary. who have perished protecting our Na- nations. I would like to congratulate First tion, whether in battles long ago or in I would just conclude by thanking Deputy Director Tigera on his retire- the ongoing conflicts. We will also af- Bradley for his hard work and for his ment and thank him for his service to firm our belief that Congress should loyalty. He was more than willing to the State of Illinois. ensure that those who join our Armed Forces will be the best equipped and invest the time and effort necessary to f handle a breadth of issues, and he did best trained in the world. HONORING OUR ARMED FORCES so with great skill, professionalism and As a veteran of the U.S. Navy, I am integrity. He was with me during some Mr. COCHRAN. Mr. President, I rise thankful for the bravery and dedica- of the most critical times of my career today to pay tribute to the brave men tion of those who have fought and died in the Senate thus far, and his insight and women who have made the su- for our country in our defense. They will be missed. He has been an excel- preme sacrifice of their lives in defense are true heroes, and we owe them our lent public servant because he loves his of our Nation. This Memorial Day, I solemn gratitude for their service and country and understands and defends join all Americans in honoring those sacrifice. its exceptional core values. In addition, brave souls. SERGEANT KEN HERMOGINO he is fun to work with. I wish him the Over the past decade since the 9/11 Mr. BENNET. Mr. President, today I best in his new endeavors. terrorist attacks on the United States, rise to remember the life and heroic f men and women of the U.S. Armed service of SGT Ken Hermogino, who Forces have been deployed to fight on died on May 10, 2011, in Herat Province, TRIBUTE TO LUIS TIGERA our behalf in Operation Enduring Free- Afghanistan, of injuries sustained when Mr. DURBIN. Mr. President, I would dom and Operation Iraqi Freedom. his military vehicle overturned. Fort like to take a moment to congratulate Thousands of those courageous service- Carson cannot replace a leader like an extraordinary Illinoisan, Luis C. men and women have lost their lives as Sergeant Hermogino. His passing rep- Tigera. After serving with distinction part of these ongoing missions. More resents a tragic loss for his hometown for 26 years with the Illinois State Po- than 70 of these warriors called Mis- of Henderson, NV, and for our country. lice, First Deputy Director Tigera is sissippi home, including 7 brave fight- Sergeant Hermogino’s story is retiring as the highest ranking career ers who have been killed in Afghani- uniquely American. Within 2 months of member of the organization and the stan since we last observed this na- the horrific terrorist attacks of Sep- first Cuban American to hold such a tional holiday. These are the sacrifices tember 11, 2001, that took the lives of position in the agency. that we should keep in mind as we nearly 3,000 innocent men, women, and Throughout his time with the Illinois commemorate Memorial Day 2011. children, Sergeant Hermogino began a State Police, First Deputy Director I am deeply grateful to the young military career that would span 10 Tigera has served in a variety of posi- Mississippians we have lost over the years and two branches of the armed tions with the organization. He started past 12 months, and my heart goes out services. His exceptional character his career in law enforcement by pa- to the families and friends they leave shone in the face of our shared adver- trolling the interstate system of the behind. sity; he chose to serve when his coun- Chicago area suburbs. He worked his For the record, I now cite the names try needed him most. way up to overseeing the statewide of these fallen heroes from Mississippi: In 1998, he graduated from Basic High guns, drugs, gangs and money laun- 1SG Robert N. Barton of Roxie, 35, School in Henderson, NV, where he par- dering unit. Mr. Tigera also managed who died June 7, 2010; ticipated in the Marine Corps Junior

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3418 CONGRESSIONAL RECORD — SENATE May 26, 2011 ROTC program. This experience al- Memorial Day, originally called nominees, instead of partisan filibus- lowed him to build up the skills and Decoration Day, is a day of remem- ters and more delays. With vacancies discipline that would become the foun- brance for those who have died in our still totaling 90 on Federal courts dation of his success in the services. Nation’s service. Since 1868, this time throughout the country with nearly Outside of school, Sergeant Hermogino of year has been designated as a time two dozen future vacancies on the hori- relaxed by skateboarding, BMX racing, to pause and honor our war dead. It zon, there is no time to delay taking up and displaying his talent for fixing just was officially designated a Federal hol- these nominations. Had we taken posi- about anything. iday in 1971. An often overlooked tradi- tive action on the consensus nominees, Sergeant Hermogino enlisted in the tion is to have a moment of remem- vacancies could have been reduced Air Force in 2001, and he served for 8 brance specifically at 3 p.m. local time. below 80 for the first time in years. years as a medical administrator based Throughout the Nation over this hol- All of the nominations reported by in the U.S. and Manas, Kyrgyzstan. iday weekend we will see many Amer- this committee and pending on the While he assisted fellow servicemem- ican flags and flowers adorning the Senate’s Executive Calendar have been bers suffering from life-threatening graves of those who have made the ul- through our Judiciary Committee’s wounds, Sergeant Hermogino always timate sacrifice for our Nation. I will fair and thorough process. We review felt compelled to expand his contribu- remember in particular the 104 Mary- extensive background material on each tion. His brother, Marvin Jeff, has said, landers who have been killed in our nominee. All Senators on the Com- ‘‘He wanted to be more involved.’’ most recent conflicts, and I will remind mittee, Democratic and Republican, In 2009, Sergeant Hermogino joined myself that our freedom isn’t free. I have the opportunity to ask the nomi- the Army and served in support of Op- will remind myself of their ultimate nees questions at a live hearing. Sen- eration Enduring Freedom as a mem- sacrifice and I will remind myself of ators also have the opportunity to ask ber of the 7th Squadron, 10th Cavalry the ongoing sacrifices their families questions in writing following the Regiment, based at Fort Carson, CO. continue to make each and every day. hearing and to meet with the nomi- Sergeant Hermogino’s bravery and ex- I am immensely proud of the men nees. All of these nominees which the emplary service did not escape the no- and women—fewer than 1 percent of Committee reported to the Senate have tice of his commanders. He earned, our population—who serve in our All- a strong commitment to the rule of law among other decorations, the Air Force Volunteer Force. But there is a draw- and a demonstrated faithfulness to the and Army Commendation Medals, the back, of sorts, to having an All-Volun- Constitution. All have the support of National Defense Service Medal, and teer Force: the sacrifices of the few are their home State Senators, both Re- the Afghanistan Campaign Medal. not felt by the many; therefore, they publican and Democratic. They should Mark Twain once said, ‘‘The fear of can be overlooked. We mustn’t allow not be delayed for weeks and months death follows from the fear of life. A this to happen. This environment is needlessly after being so thoroughly man who lives fully is prepared to die much different than the conflicts of the and fairly considered by the Judiciary at any time.’’ Sergeant Hermogino’s past where nearly everyone had a Committee. service was in keeping with this senti- friend, neighbor, or loved one who wore They include several nominees to fill ment by selflessly putting country the cloth of our Nation. judicial emergency vacancies, includ- first, he lived life to the fullest. He I call on my colleagues and all Amer- ing Paul Engelmayer and William lived with a sense of the highest honor- icans to remember the true meaning of Kuntz of New York, Michael Simon of able purpose. Memorial Day and take the time to Oregon, Richard Brooke Jackson of Today’s tribute to the memory of pause and remember those who have Colorado, Kathleen Williams of Flor- Sergeant Hermogino must also honor made the ultimate sacrifice in defense ida, and Nelva Gonzales Ramos of his profound love for family. In this of our freedom and for the continued Texas, as well as Henry Floyd of South spirit, I ask my colleagues to join me success of this great Nation. Carolina to the Fourth Circuit. The in extending our deepest respects and f condolences to Norma, his mother, nomination of Professor Liu being fili- Renato, his father, and to his entire JUDICIAL NOMINATIONS bustered by Republican leadership is family. Please know that Colorado and Mr. LEAHY. Mr. President, as the also to fill a judicial emergency va- Americans across the country are pro- Senate prepares to adjourn for the Me- cancy. foundly grateful for Ken’s sacrifice. morial Day recess, I had hoped that we Those nominees who have the sup- For his bravery in Afghanistan and would be allowed to proceed with the port of home State Republican Sen- across the world, he will forever be re- consensus judicial nominees ready for ators include Bernice Donald of Ten- membered as one of our country’s brav- confirmation and who are so needed to nessee to the Sixth Circuit, Henry est. fill vacancies on Federal courts around Floyd of South Carolina to the Fourth Circuit, Sara Lynn Darrow of Illinois, f the country. Instead, the Republican leadership’s filibuster of the nomina- Kathleen Williams of Florida, Nelva HONORING OUR SERVICE MEN AND tion of Goodwin Liu is being supple- Gonzales Ramos of Texas, John Andrew WOMEN THIS MEMORIAL DAY mented with delays of even those judi- Ross of Missouri, Timothy Cain of Mr. CARDIN. Mr. President, I rise cial nominations supported by Repub- South Carolina, Nannette Jolivette today to honor the sacrifice of those to lican home State Senators and ap- Brown of Louisiana, and Nancy whom we are forever indebted: the proved by Republicans on the Senate Torresen of Maine. In spite of that sup- brave men and women of our Armed Judiciary Committee. This is too bad. port, we are unable to secure consent Forces, both past and present, who died With judicial vacancies continuing at from the Republican leadership to con- in defense of freedom. It has been and crisis levels, affecting the ability of sider and confirm them. continues to be their duty, honor, and courts to provide justice to Americans Of the judicial nominations we have privilege to serve. With Memorial Day around the country, I have been urging been able to get the Senate to consider 2011 approaching, it is our duty to the Senate to vote on the judicial this year almost 70 percent were de- pause and honor those who have sac- nominations reported favorably by the layed from last year. We have only rificed. Judiciary Committee and pending on been able to confirm eight judicial Memorial Day has become the unoffi- the Senate’s Executive Calendar. The nominees that had hearings and were cial beginning of summer. Schools are Senate is recessing with 19 judicial reported for the first time this year. So beginning to break for summer vaca- nominations awaiting final action. Of when some say we are taking ‘‘positive tion, community pools are opening for those, 16 are by anyone’s definition action’’ on large percentages of nomi- the season, and friends and family are consensus nominees. All 16 were unani- nees, what this shows is how many gathering this weekend for barbecues. mously approved by all Republican and unobjectionable nominees were stalled It is important that we not lose sight all Democratic Senators on the Judici- last year by objections from the minor- of the true nature of this holiday and I ary Committee. Yet they remain ity. encourage all of us to take time to stalled without final Senate action. We could have made significant pause and remember the meaning of We should have regular votes on progress helping Americans seeking Memorial Day. President Obama’s highly qualified justice in our Federal courts before

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3419 this recess. Sadly, it is a missed oppor- NASA will begin building our next to the Moon. Fifty years later, we live tunity for Senators across the aisle to generation vehicles to go beyond low in different, and more frugal, times. We have joined together with us and Earth orbit, the heavy lift rocket and must not let our urgent, immediate worked with the President to provide the Orion capsule. The private sector needs keep us from investing in pro- needed judicial resources. will build commercial cargo and crew grams that see results well into the fu- f vehicles, with NASA providing the ven- ture. While looking toward immediate ture capital to get cargo and astro- national needs, President Kennedy also 50TH ANNIVERSARY OF PRESI- nauts to the International Space Sta- urged investments for the long haul. DENT KENNEDY’S CALL TO GO tion while building a whole new indus- He wanted the United States to take TO THE MOON try. risks on science that changed the Ms. MIKULSKI. Mr. President, May The shuttle is retiring, but our mis- world, putting people on the Moon, and 25, 2011, marked the 50th anniversary of sions in space will sail on. It doesn’t on a civilian weather satellite in space. President John F. Kennedy’s speech matter how we get there. We can’t be While America waits on our new crop that set the original dream of Amer- defined by our Space Transportation of innovations to mature, we will keep ican exploration with a goal of sending System. Our future in space will be reaping the harvest of the discoveries a human to the Moon and returning built on innovation and discovery from and investments made long ago that him safely by the end of the decade. commercial rockets taking cargo and have become the Internet, medical im- President Kennedy’s speech was more someday astronauts to the Inter- aging like MRIs, and countless other than a call for a Moon shot. It was 17 national Space Station; to the James products that help American compa- days after Alan Shepard became the Webb Space Telescope discovering new nies invent new products and create second human in space, and the Nation galaxies and new frontiers in science; new jobs. was still recovering from a recession to new technologies to grab and fix In these frugal times, we should all and recovering from the Cuban missile damaged satellites in space with ro- work together to keep alive President crisis. That year, President Kennedy bots. Kennedy’s spirit of exploration and dis- New technologies don’t just happen. took the unusual step of coming to covery and win the future. Congress in May to address urgent, They come from American ingenuity that is built on discovery and innova- ‘‘extraordinary’’ national needs. Dur- f ing his speech, he said, ‘‘In a very real tion. They have made America great sense, it will not be one man going to and they have made us a nation worth INTENT TO OBJECT the Moon . . . it will be an entire Na- imitating. tion. For all of us must work to put As we look around the world, we see Mr. WYDEN. Mr. President, con- him there.’’ He sounded the starting people who yearn to imitate the de- sistent with Senate Standing Orders gun of the space race. In that race, the mocracy we have, who brought down and my policy of publishing in the CON- United States and its young President dictators and autocrats with American GRESSIONAL RECORD a statement when- were determined to cross the finish line innovations like Twitter. They believe ever I place a hold on legislation, I am first. representative, parliamentary bodies announcing my intention to object to America is no longer in a space race. can give them an orderly way to move any unanimous consent request to pro- We are in a race for our economic fu- government forward and will give them ceed to S. 968, the PROTECT IP Act. ture. We are not racing other coun- better lives, helping them compete in In December of last year I placed a tries. We are racing ourselves. To win the world economy. hold on similar legislation, commonly Already, emerging nations, like this economic race, we must do as called COICA, because I felt the costs China, are imitating our investments President Obama has urged us. We of the legislation far outweighed the in discovery and innovation. China is must work together to out-innovate, benefits. After careful analysis of the embarking on an ambitious space pro- out-educate, and out-build our com- Protect IP Act, or PIPA, I am com- gram that is reaching for the stars petitors. That is why I fight so hard to pelled to draw the same conclusion. I with satellites and astronauts. China is invest in America’s exploration and understand and agree with the goal of increasing its science research budget discovery which creates jobs for today the legislation, to protect intellectual 20 percent each year, seeking to rep- and jobs for tomorrow. property and combat commerce in licate our National Science Founda- As we were 50 years ago, our space counterfeit goods, but I am not willing tion. to muzzle speech and stifle innovation program is embarking on a new jour- I don’t worry about being in a race and economic growth to achieve this ney. This year, after 30 years of great with China or other nations. China service NASA will retire the Space can’t beat us. We can only beat our- objective. At the expense of legitimate Shuttle with honor and dignity. We selves by losing our drive to reach for commerce, PIPA’s prescription takes will bid goodbye to this workhorse that great goals and by failing to invest in an overreaching approach to policing launched and fixed Hubble and built the research and development that will the Internet when a more balanced and the International Space Station. help us achieve them. I will keep fight- targeted approach would be more effec- Last year, Congress gave NASA a ing to for the innovation and discovery tive. The collateral damage of this ap- new path forward. My colleagues and I that makes America worth imitating. proach is speech, innovation and the fought to pass a new authorization bill. I believe in the space program. I be- very integrity of the Internet. It was not easy. There was confusion lieve in space technology, in green The Internet represents the shipping and chaos about the path forward, and science that helps us understand and lane of the 21st century. It is increas- the austere budget environment re- protect the planet, and in heliophysics ingly in America’s economic interest quired tough choices. The authoriza- that studies the Sun so we know when to ensure that the Internet is a viable tion law established a balanced space solar storms could knock out the means for American innovation, com- program. It increased investments in power grid. I believe in the men and merce, and the advancement of our Science and Aeronautics so we can ex- women of the space program like the ideals that empower people all around plore the universe, protect the planet, astronauts who risk their lives to ex- the world. By ceding control of the and make air travel safer and more re- tend our human reach in space, the as- Internet to corporations through a pri- liable. The bill provided for new Space trophysicists who teach us about dark vate right of action, and to government Technology research and development matter and the origins of the universe, agencies that do not sufficiently under- to make exploring space safer and more and the machinists who craft the preci- stand and value the Internet, PIPA efficient. Finally, it gave us a sustain- sion robots that explore the universe represents a threat our economic fu- able human space flight program that for us. The men and women of the ture and to our international objec- extends the International Space Sta- space program are the best of the tives. Until the many issues that I and tion lab to 2020, opens low Earth orbit American economy, creating jobs for others have raised with this legislation to commercial providers, for cargo today and jobs for tomorrow. are addressed, I will object to a unani- first, then crew, and broadens human President Kennedy knew we needed mous consent request to proceed to the reach beyond low Earth orbit. all of the Nation’s talents to go safely legislation.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3420 CONGRESSIONAL RECORD — SENATE May 26, 2011 NRA POSITION gram. When our youngest daughter was For there can be no greater gift! No greater growing up, Hadassah and I had several love than all of this for sure . . . Mr. CHAMBLISS. Mr. President, I To so leave your loved ones, and give up all ask unanimous consent to have printed au pairs. They became part of our extended family and we still keep in that you adore! in the RECORD a letter dated May 26, touch with them today. The exchange And yes, Jose, Heaven SO Hold’s Your Place! 2011, from the NRA. Ah yes Jose, one day you will so see our There being no objection, the mate- experience enriched the lives of our au Lord’s face . . . pair and my family through the shar- rial was ordered to be printed in the And all of those magnificent families . . . ing of culture, language, and religion. RECORD, as follows: like yours I am pleased the U.S. State Depart- Who had to so worry, and so wait! NATIONAL RIFLE ASSOCIATION ment is holding a reception on June 9, Quiet heroes, who had to carry on somehow OF AMERICA, 2011, to celebrate the 25th anniversary each day . . . Washington, DC, May 26, 2011. of the Au Pair Program. I commend all Praying, not for that one phone call, did DEAR SENATOR CHAMBLISS: Thank you for those who have made this program so they! asking about the National Rifle Associa- Living through, all of that pain and hell and tion’s position on a motion to table amend- successful, and in particular AIFS, for its vision and leadership. heartache! ment # 363 to the PATRIOT Act. For all of them, oh yes yours, Heaven So The NRA takes a back seat to no one when f Hold’s A Place! it comes to protecting gun owners’ rights For they shall too so see, our Lord’s face . . . against government abuse. Over the past TRIBUTE TO STAFF SERGEANT JOSE PEQUENO And, when you came back home Jose, that three decades, we’ve fought successfully to day . . . block unnecessary and intrusive compilation Ms. AYOTTE. Mr. President, I rise And they so looked upon your once golden of firearms-related records by several federal today in honor of a real American face . . . agencies, and will continue to protect the Hero, SSG Jose Pequeno of my home And so saw what this war had so made! privacy of our members and all American State of New Hampshire, and his stead- And they broke down and began to cry! gun owners. As they so asked our Lord, why so why? While well-intentioned, the language of fast family. After leaving the U.S. Ma- rines, Jose became one of the youngest As they so wept . . . all on that night this amendment as currently drafted raises But, some things can be only made with potential problems for gun owners, in that it police chiefs in the State of New Hamp- shire. After 9/11, he joined the U.S. faith! encourages the government to use provisions Because Jose, you so made the choice . . . in current law that allow access to firearms Army, and heroically volunteered to go As it was you Jose, who so heard that inner records without reasonable cause, warrant, to Iraq. Following an IED explosion, voice! or judicial oversight of any kind. Jose was almost mortally wounded, but As your loved ones too, have so brought their Based on these concerns and the fact that fought to live. Now, with the help of light! the NRA does not ordinarily take positions his mother and family he continues As upon their needs, they asked for courage on procedural votes, we have no position on that battle. This coming Memorial Day . . . on high . . . a motion to table amendment # 363. weekend, I ask all of us to remember Is that but not what Heaven is for? Sincerely, Is that but not true love for sure? CHRIS W. COX. the many servicemen and women and their families who have sacrificed so For Heaven So Holds A Place, for all of those f who have shown such grace! much for us. As each of our servicemen Who, will not give up, or in . . . even though 25TH ANNIVERSARY OF THE AU and women and their families teach us each day the worst they so face . . . PAIR PROGRAM daily about faith and courage, I ask Yes, Heaven Holds Your Place! Americans to pray and remember their Mr. LIEBERMAN. Mr. President, I Amen! sacrifice, which continues to ensure would like to bring to the attention of f our freedom is secure. my colleagues a milestone that has Mr. President, I ask unanimous con- ADDITIONAL STATEMENTS been reached by an important cultural sent that this poem penned by Albert exchange program administered by the Caswell be printed in the RECORD in TRIBUTE TO DAVID C. BAILEY State Department. In 1986, the United honor of all those brave men and States Information Agency, USIA, ex- women we have lost. ∑ Ms. AYOTTE. Mr. President, today I ercised its authority under the There being no objection, the mate- recognize and congratulate Chief of Po- Fulbright/ Hays Act to establish the Au rial was ordered to be printed in the lice David C. Bailey of the Bedford, NH, Pair Program on a pilot basis. This ini- RECORD as follows: police department for his 40 years of tiative was designed to provide oppor- HEAVEN SO HOLD’S dedicated service to the law enforce- tunities for young Europeans to live Jose. . . . ment profession, the town of Bedford, with an American family, care for chil- Heaven . . . and the State of New Hampshire. dren, and pursue their educational in- Jose, Heaven . . . so hold’s . . . Chief Bailey began his law enforce- terests. Heaven, so hold’s your place! ment career in 1971 as a patrol officer One of the leaders in developing the For Heaven, is so made . . . so made . . . with the town of Bedford; was pro- concept of the Au Pair Program was All for such men as you Jose, of such splen- moted to lieutenant in 1976; deputy the American Institute in Foreign did grace! chief in 1981; and as the chief of police Study, AIFS, located in my hometown All for such magnificent men, of ‘oh so such courageous faith! in 1989. A native of Bedford, NH, Chief of Stamford, CT. AIFS was one of the Who have such brilliant eyes, which to all Bailey earned his bachelor’s degree initial sponsors and worked in connec- hearts such warmth do so bathe . . . from the University of New Hampshire tion with the State Department to de- Who but once had such strong arms, hands in 1969. velop a comprehensive framework that and legs, to protect all of us from such During his long tenure as a police supports American families and foreign harm . . . chief, David Bailey has been a leader in nationals. Who once, upon them . . . so such great bur- promoting community oriented-polic- Over the past 25 years, the Au Pair dens were so placed! ing; in improving public safety within Program has grown dramatically. Con- Whose entire life has been written with such the State of New Hampshire; and in kindness and courage, that time can- gress assisted in that growth by pass- not so erase . . . promoting sound public policies and ing legislation, signed into law by And so show us all, just what a magnificent practices, which have helped keep New President Clinton in 1997, which gave heart can so create! Hampshire one of the safest States in the Au Pair Program permanent au- Whose whole entire life has but been so dedi- the Nation. From 2002 to 2003, he served thority under the J–1 visa program. cated, to but protecting the human with distinction as the president of the This initiative has proven to be a re- race . . . New Hampshire Association of Chiefs markable success. In fact, over 180,000 Who so gave, and so marched off to war . . . of Police. Chief Bailey has worked tire- au pairs from over 60 countries have And came back home to wear a badge, and so lessly with New Hampshire legislators, much more . . . lived with an American family for a And then to serve once again, to give it all and other public safety officials, to year since the program’s inception. up again and go back to war . . . better the administration of justice. I can personally attest to the To volunteer, and give up all that you so As Chief David Bailey celebrates his strength and value of the Au Pair Pro- love and so adore! retirement, I commend him on a job

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3421 well done, and ask my colleagues to grade in the Medical Corps. During the not deterred. He studied harder for his join me in wishing him, his wife Susan, Korean war, he volunteered with the second attempt, passed, and graduated son Nathan, and daughter Jessica, well Fleet Marines, and while treating a from West Point. In 1917 he was com- in all future endeavors.∑ wounded marine, he received multiple missioned as second lieutenant. After f gunshot wounds and was evacuated the disappointment of not being sent from Korea. Because of these injuries, into combat during World War I, Lieu- IRON HORSE BICYCLE CLASSIC he received a Purple Heart with the tenant Ridgway said, ‘‘The soldier who ∑ Mr. BENNET. Mr. President, today I Oak Leaf Cluster and a Bronze Star. has had no share in this last great vic- recognize the Iron Horse Bicycle Clas- Dr. H’Doubler became a Shriner in tory of good over evil would be ru- sic in which bicyclists race the steam- 1956 and served as Potentate in 1968. He ined.’’ After serving on various gen- powered Durango & Silverton Narrow later became the Imperial Potentate of erals’ staffs and commanding the 15th Gauge Railroad from Durango to the Shrine of North America from 1980 Infantry in Tientsin, China, General Silverton. May 28, 2011 will mark the 1981. He was an Emeritus Trustee of Ridgway would get his chance to fight. 40th anniversary of this race which is Shriners Hospitals for Children, and In August 1942, General Ridgway suc- an institution in my home State of served as chairman of both the Medical ceeded Omar Bradley when he was Colorado. Research Planning Committee and the given command of the 82nd Airborne This year’s race has attracted some Budget Committee. He was also a mem- Division. The 82nd was chosen as one of 2,500 racers from 44 States and 5 coun- ber of the Finance Committee and an the Army’s five new airborne divisions. tries and 3,500 riders participating in Emeritus Representative of the The conversion of an entire infantry di- all of the weekend’s many cycling re- Shriners International. He is credited vision to airborne status was an unprecedented and daunting task which lated events. with starting the Stop Burn Injury Ridgway successfully accomplished. In This race is the third oldest continu- Program, which is still active today. ously sanctioned bike race in the Dr. H’Doubler belonged to many pro- 1944, General Ridgway helped plan the airborne operations of Operation Over- United States and probably the most fessional organizations, including the lord, the Allied invasion of Europe. In grueling of them all. The Iron Horse American Medical Association, Mis- Normandy, he courageously jumped Classic is a 50-mile race that takes rid- souri State Medical Society, Greene with his troops, who fought bravely for ers over two beautiful mountain passes County Medical Society, American 33 days in advancing to Saint-Sauveur- in Colorado’s awe inspiring San Juan Thyroid Association, and the American le-Vicomte near Cherbourg, France. Mountains. The race course tops out at Academy of Alternative Medicine, of In 1950, as the Korean war raged, 10,860 feet and has a vertical climb of which he served as president in 1985. General Ridgway was given command some 6,600 feet for every racer. He is survived by his wife Marie, and of the 8th Army. When Ridgway as- The race is one that many profes- his four children: daughters Julie sumed command the 8th Army was in sional bike racers compete in at some Thomas and Sarah Muegge, and sons tactical retreat and suffering from low point in their career with many Olym- Kurt and Charles, and six grand- morale. After a successful reorganiza- pians, National and World Champions children. tion of command structure and service riding in the race over the decades. I would like to pay tribute to this at the front lines, General Ridgway had Organized for decades by cycling leg- wonderful man who served his Nation repaired morale among his soldiers. end Ed Zink of Durango, the Iron Horse and his community with distinction Ridgway shifted tactics and, relying Classic is a tremendous asset to all of and achieved the Shriners goal of free heavily on coordinated artillery, went southwest Colorado. The race’s eco- orthopedic and burn care for all chil- on the offensive, helping slow and later nomic impact on our economy is dren. Dr. H’Doubler was always a trust- stop the Chinese at the battles of around $2 million each year and it has ed resource on medical issues on whom Chipyong-ni and Wonju. When General donated around $500,000 to local causes I could rely at any time. His insight, MacArthur was relieved of command in over the years. his compassion, and his willingness to 1951, General Ridgway took the helm as As I am sure you can imagine, this is lead on important issues made him a Supreme Commander of U.N. forces in a grueling event for which all riders sought after expert. I always enjoyed Korea and Supreme Commander of the put in many long months of training. spending time with Dr. H’Doubler, and U.S. Far East Command. Over the next I am proud to recognize all the rid- he often took time to mentor me on year, Ridgway was responsible for con- ers, staff, volunteers and community medical and political topics. He was a duct of the Korean war. He also fol- members from southwest Colorado who remarkable man with a full, rich life, lowed General MacArthur as military have made the Iron Horse Classic into and I was glad to call him my friend.∑ governor of Japan, where he oversaw a premier Colorado cycling event on f the restoration of Japan’s Independ- this its 40th anniversary.∑ REMEMBERING GENERAL ence and sovereignty. In 1952, he re- f MATTHEW BUNKER RIDGWAY placed GEN Dwight D. Eisenhower as the Supreme Allied Commander for the REMEMBERING F.T. HOGAN ∑ Mr. BLUNT. Mr. President, when H’DOUBLER, JR., M.D. North Atlantic Trade Organization, GEN Matthew Bunker Ridgway passed where he was credited for improve- ∑ Mr. BLUNT. Mr. President, as the away on July 26, 1993, he was one of the ments through command structure, Memorial holiday approaches, and the most decorated soldiers in the U.S. forces, facilities, and training. For his Nation remembers our brave soldiers Armed Forces. Members of his family, last assignment, General Ridgway who have served and are serving in our including some of my constituents served as Chief of Staff of the U.S. military, I ask the Senate to join me in from Columbia, MO, gather each year. Army from 1953 until his retirement in remembering a decorated war hero and This year, they will honor General 1955. a fellow Missourian, F.T. ‘‘Hogan’’ Ridgway’s leadership, character, and In retirement, General Ridgway H’Doubler, Jr., M.D., who passed away courage as they celebrate the 60th an- would serve on boards, write, speak to on November 24, 2010. niversary of his command as Supreme groups, and advise other leaders, in- Dr. H’Doubler was born in Spring- Commander of the United Nations cluding President Lyndon B. Johnson. field, MO, on June 18, 1925. In December forces in Korea and Supreme Com- In 1986, President Ronald Reagan 1942, at the age of 17, he graduated mander of the U.S. Far East Command awarded General Ridgway the Presi- from high school a semester early to during the Korean war. dential Medal of Freedom. enlist in the Navy. He was assigned to General Ridgway was born on March GEN Matthew Bunker Ridgway the V–12 training program at Miami 3, 1895, in Fort Monroe, VA, to COL passed away at his home outside Pitts- University in Oxford, OH. He earned his Thomas Ridgway and Mrs. Ruth burgh at the age of 98, on July 26, 1993. medical degree from the University of Ridgway. He went to high school in He was buried at Arlington National Wisconsin-Madison. Boston, MA, and afterward planned to Cemetery, and during his eulogy Colin After the conclusion of World War II, follow in his father’s footsteps at West Powell said: ‘‘No soldier ever upheld F.T. ‘‘Hogan’’ H’Doubler, Jr., M.D. re- Point. Young Matthew failed the math his honor better than this man. No sol- entered the Navy as a lieutenant junior portion of his entrance exam but was dier ever loved his country more than

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3422 CONGRESSIONAL RECORD — SENATE May 26, 2011 this man did. Every American soldier drugs in troubled neighborhoods. C.B.’s National Geographic Bee, held here in owes a debt to this great man.’’∑ commitment to Mantua Against Drugs Washington, DC. Each year thousands f continues today; he currently serves as of schools and millions of students in the organization’s executive director. the United States participate in the TRIBUTE TO BERNARD ‘‘C.B.’’ From his first taste of volunteerism, National Geographic Bee using mate- KIMMONS C.B. knew he found his passion. He rials prepared by the National Geo- ∑ Mr. CASEY. Mr. President, today I wanted to change the world. graphic Society. The contest is de- honor Bernard ‘‘C.B.’’ Kimmons for his In addition to these efforts, C.B. has signed to encourage teachers to include life of service and courageous commit- personally made himself available to geography in their classrooms, spark ment to preventing gang and drug vio- children within the city of Philadel- student interest in the subject, and in- lence at all costs. phia through numerous activities. He crease public awareness about geog- C.B. was born in Atlantic City, NJ, provides free drug counseling and re- raphy. Schools with students in grades on February 13, 1944. Though he origi- cently started a multitiered program four through eight are eligible for this nally hails from the Garden State, he offering computer skills, document entertaining and challenging test of ge- came to spend much of his life within framing, photo-journalism, entre- ographic knowledge. the city of Philadelphia, graduating preneur training, and newsletter cre- Out of a field of 54 contestants, one from three Philadelphia area schools: ation as an alternative to violent gang from each of the 50 States and Terri- Cardinal Dougherty High School, Saint behavior. He also leads vigils for young tories, Tine won the competition and Joseph’s University, and Temple Uni- adults who were killed as a direct re- was the only contestant to correctly versity Graduate School. sult of gang related violence. answer every question in the final After earning his teaching degree, he While C.B.’s efforts to lessen the im- round. In recognition of his success, further solidified his commitment to pact of drug dealers have received con- National Geographic will award Tine a Philadelphia by spending 16 years siderable praise, they have also at- college scholarship worth $25,000, a life- teaching in Ogontz, at General Louis tracted the attention of those that time membership in the National Geo- Wagner Junior High. During his tenure would prefer the status quo remain un- graphic Society, and a trip to the at Wagner, he was disheartened to see changed. On more than one occasion Gala´ pagos Islands with his parents. that many of his students fell victim to C.B. has had threats against his own The winning question was: ‘‘Which social pressures that led to them join life and has been forced to seek police South American country is home to gangs. C.B. quickly became an eye- protection. Despite these efforts to un- the volcano, Tungurahua?’’ The an- witness to gang-related violence. He dermine his work, C.B. persevered and swer, ‘‘Ecuador,’’ was given correctly knew that his students needed guid- still today continues to aggressively by Tine after the runner-up contestant ance before they became lost within pursue change within our community. failed to match Tine for a fourth ques- the harsh realities of gang life. As a C.B. has been honored for his work by tion in a row. Tine is the second Texan leader and a role model within the countless organizations and agencies to be named national champion in the community, he took it upon himself to across the city of Philadelphia and the competition’s 23-year history. Young Texans, like Tine Valencic, fulfill this need. He began to educate country. These honors include Time prove that persistence and a thirst for his students about the dangers of join- Magazine Local Philadelphia Hero; rec- knowledge are the keys to unlocking ing gangs with a simple message of re- ognition by the Martin Luther King opportunities for success. I congratu- specting law enforcement, parents, Center in Atlanta, GA; a 2010 Drum late Tine on this important accom- clergy, teachers, adults, and fellow Major Award for Peace given by the plishment and look forward to seeing young people. His message quickly Council of Black Clergy of Philadel- his continued achievements.∑ caught on, and many of his students phia; University of Pennsylvania’s still remember his influential teaching Martin Luther King Award for Commu- f style. nity Service and Outreach; winner of TRIBUTE TO MICHAEL J. It was this innovative approach that University of Pennsylvania’s Crystal FITZMAURICE caught the attention of the Philadel- Stair Award; the Hero of Peace Award ∑ Mr. JOHNSON of South Dakota. Mr. phia school district, under Super- given by Veterans Against Drugs; and President, today, with great pride, I intendent Dr. Constance Clayton. C.B. the Humanitarian Award given by the pay tribute to Michael J. Fitzmaurice eventually began teaching in different Four Chaplains at the U.S. Naval Base. who will be retiring at the end of the schools across the district under a spe- He has also been featured on CNN for month after 24 years of service at the cial antidrug, antiviolence curriculum, his school-based role model program. Sioux Falls, SD, VA Medical Center. many times teaching in up to 15 dif- Throughout all of his work, C.B.’s ef- Michael entered into service with the ferent schools a week. His message forts have focused on ensuring that U.S. Army in October 1969. After com- against bullying, guns, drugs, and vio- children have a chance to succeed de- pleting his basic training at Fort lence spread across the city and con- spite the challenges and obstacles they Lewis, WA, and advanced individual tinues to affect countless lives today. face on a daily basis. C.B. has saved nu- training at Fort Knox, KY, he was de- It was during this time that Bernard merous lives and continues to protect ployed to Vietnam with the D-Troop was given the nickname of ‘‘Cool Ber- children of all ages from the ravages he 17th Calvary, 101st Airborne Division. nie’’ or C.B. within some of the rougher first saw in his early teaching days. As Michael served with great distinction neighborhoods he worked. This nick- a result of C.B. Kimmons’ hard work, in Vietnam eventually earning our na- name has grown to illustrate the close children across Philadelphia are given tion’s highest award for valor, the Con- nature of his relationships with his a chance to succeed and reach their po- gressional Medal of Honor, for his he- students as well as his acceptance as a tential. roic actions at Khe Sanh, Vietnam. role model and community figurehead. It is my pleasure to stand today be- Michael received an honorable dis- He goes by that name to this day. fore my colleagues to recognize Ber- charge from the Army on April 7, 1972. In addition to his work in the public nard ‘‘C.B.’’ Kimmons’’ sacrifices, In addition to the Medal of Honor, schools, C.B. was also an active volun- achievements, and ongoing commit- which he was awarded by President teer through numerous activities with- ment toward bettering the lives of our Nixon in November 1973, Michael rein Philadelphia. In 1967, he served as a youth.∑ ceived several other decorations for his citywide gang control worker under f uncommonly brave service to our Na- the guidance of Zachary Clayton. He tion; including the Vietnam Service then met Dr. Herman Wrice who be- TRIBUTE TO TINE VALENCIC Medal with Bronze Star, Vietnam Cam- came his mentor when he joined Man- ∑ Mr. CORNYN. Mr. President, today I paign Medal, and the Purple Heart, tua Against Drugs. C.B. and Dr. Wrice wish recognize the achievements of among others. In recognition of his traveled around Philadelphia trying to Tine Valencic, a 13-year-old seventh service, the South Dakota State Vet- clear the streets of gangs and drug grade student at Colleyville Middle erans Home in Hot Springs was re- dealers to ensure that young adults School in Colleyville, TX. Tine re- named the Michael J. Fitzmaurice had a safe haven from violence and cently competed in and won the 2011 State Veterans Home in October 1998.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3423 Following his return from Vietnam, the Black Hills VA health care system. Originally the Watertown Benedictine Michael met Patty Dolan, whom he This action provided a number of chal- Sisters focused on serving in elemen- married in July 1973. Michael and lenges including condensing dual mis- tary and secondary Catholic schools in Patty would raise two sons, Michael sions at two campuses into one mission North Dakota and South Dakota. Many Jr. and Brian. Eager to continue his spanning two facilities. of the children that the sisters have service to our country after returning During his many years of service in helped can still recount their fond home, Michael joined the South Da- the Black Hills, Peter has worked dili- memories of the important and caring kota Army National Guard 153rd Engi- gently to provide VA services to South deeds that the Sisters preformed. neering Battalion in Huron, SD, in Dakota veterans who would otherwise Today the Sisters work for parish April 1973. Michael continued his serv- not receive such important care. The ministries, schools, pastoral care, hos- ice with the South Dakota Army Na- number of community based outreach pitals, and care facilities. The Sisters, tional Guard until his discharge in clinics, CBOCs, in the Black Hills VA through their 50 years of service, have April 1990. He joined the South Dakota system has increased during Peter’s developed strong ties with the Water- Air National Guard in May 1990 and re- tenure. Veterans living in rural and town community and have always of- tired from military service in May 1992 reservation areas of South Dakota fered a hand to those in need. after 23 dedicated years of service to have much better access to VA health In honor of this momentous occasion his country. care and specialty services through the the Sisters plan to host an interfaith In addition to serving his country for CBOCs. The needs of rural and reserva- discussion of Judaism, Christianity, 23 years in the military, Michael has tion veterans must continue to be ad- and Islam, and to create a book detail- dedicated his life to the service of his dressed so that access to quality VA ing the rich history of the Watertown fellow veterans in South Dakota. He is care is preserved and maintained. Benedictine Sisters of the Mother of retiring after 24 years of service as a In 1995, Peter provided key leadership God Monastery. plumber at the Sioux Falls VA Medical with the opening of the Rapid City I am proud to have this opportunity Center. He is a lifelong member of the Community Based Outreach Clinic, to honor the Watertown Benedictine Congressional Medal of Honor Society, CBOC, at a small facility on the South Sisters of the Mother of God Monastery Disabled American Veterans, Veterans Dakota National Guard’s Camp Rapid for their outstanding service. It is an of Foreign Wars, American Vets, and campus. In a joint agreement between honor for me to share with my col- the 101st Airborne Association. the Guard and the VA, veterans in leagues the strong commitment the Michael is a humble man. He is never Rapid City were able to save on mile- Sisters have for relentlessly caring for one to flaunt his heroic actions, nor age and receive routine levels of care. those in need. I strongly commend bring attention to his decorated mili- It wasn’t long before VA officials real- their years of hard work and dedica- tary service. He would likely rather ized that the facility was too small to tion, and I am very pleased that their blend in the crowd with his fellow vet- meet the growing demands of veterans substantial efforts are being publicly erans than be singled out; however, on in the Rapid City area. A larger facil- honored and celebrated.∑ the occasion of his retirement from the ity was opened near private commu- f Sioux Falls VA Medical Center, it is nity-based medical facilities. As Pe- YANKTON, SOUTH DAKOTA appropriate that he be publicly recog- ter’s career comes to a close, he con- nized. I commend Michael J. tinues to work to improve the Rapid ∑ Mr. JOHNSON of South Dakota. Mr. Fitzmaurice for his many years of dedi- City CBOC. President, today I recognize the 150th cated service to the State of South Da- Like many agencies, the VA has been anniversary of the founding of one of kota and our nation. Michael, a grate- asked to do more with less over the South Dakota’s great cities, Yankton. ful nation thanks you for your service. years. The Black Hills VA continues to Located along the Missouri River, Best wishes on your retirement.∑ face challenges as it works to meet the Yankton serves as the county seat of f complex needs of our ever growing vet- Yankton County and is a source of erans population, including women vet- great history. TRIBUTE TO PETER HENRY erans, younger veterans, veterans with Yankton, founded in 1861 and incor- ∑ Mr. JOHNSON of South Dakota. Mr. traumatic brain injuries, post trau- porated on May 8, 1862, was the original President, today I wish to recognize matic stress disorder and other ill- capital of Dakota Territory. The found- the career of a dedicated public serv- nesses. I commend Peter’s ability to ers of Yankton derived the city’s name ant. Peter P. Henry is retiring as direc- address these challenges and ensure from the Sioux expression E-hank-ton- tor of the Black Hills VA Health Care that South Dakota’s veterans are pro- wan, which means ‘‘people of the end System in early July, concluding a ca- vided the quality care they deserve. village.’’ Yankton College, founded in reer in Federal service that spans 41 I have always appreciated Peter’s in- 1881, was the first liberal arts college in years in the Department of Veterans sight and input on issues impacting the Dakota Territory, providing the com- Affairs. Peter has spent two lengthy VA Health Care System, the Black munity with rich opportunities stints at the helm of the Black Hills Hills VA, and veterans in general. I through higher education, continued VA, totaling 16 years of service. congratulate Peter on his many years today through Mount Marty College. I commend Peter for his dedication, of federal service and applaud him for Riverboat Days and the Summer Arts professionalism and steadfast commit- his passionate work on behalf of vet- Festival are held every August in ment to veterans and their families. I erans and their families. I wish Peter Yankton and bring visitors from all have always appreciated the efforts of and his wife Sharon all the best in his over the state to enjoy the scenic beau- the men and women who work in the retirement.∑ ty and relaxing atmosphere the city Black Hills VA Health Care System f has to offer. Yankton is an outdoor en- and exemplify the VA’s ‘‘Veterans thusiast’s dream, offering access to Come First’’ mission. Patient satisfac- WATERTOWN BENEDICTINE SIS- hunting, fishing, golfing, parks, hiking tion numbers have remained high dur- TERS OF THE MOTHER OF GOD trails, kayaking and canoeing, and ing Peter’s leadership at the Black MONASTERY other water recreation sports. The Hills VA, a testimony to the dedicated ∑ MR. JOHNSON of South Dakota. Mr. Gavins Point Dam makes the city’s work of the staff and administrators at President, with great honor, today I water recreation possible along with the Hot Springs and Fort Meade facili- congratulate the Watertown Bene- providing hydroelectric power. ties. dictine Sisters of the Mother of God Yankton is home to the Dakota Terri- Over his career, Peter has witnessed Monastery in their celebration of pro- torial museum, which provides a a number of changes in the VA system viding 50 years of faith-based service. glimpse of the rich history of the Da- and has deftly guided and implemented Founded in 1961, the Watertown kota Territory and the events that these changes within the Black Hills Benedictine Sisters have served in hos- shaped the Midwest itself. Yankton is VA. He worked to merge the Hot pitals, schools, prisons, parishes, res- also the hometown of perhaps South Springs VA and Fort Meade VA sys- ervations, and nursing homes in com- Dakota’s most famous resident, Tom tems into one collective organization, munities throughout South Dakota. Brokaw, former anchor of the NBC

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3424 CONGRESSIONAL RECORD — SENATE May 26, 2011 Nightly News, a graduate from Ms. Cannon’s legacy can be seen tiveness. Rosemary Presnar of the Yankton High School. throughout the city. She has served for Maine MEP has noted that Biovation Yankton is celebrating its sesqui- many years as the city’s primary con- possesses ‘‘a rare combination of engi- centennial with a variety of artists tact with the U.S. military as it relates neering capability and entrepreneurial playing a diverse selection of music. to the base realignment and closure zeal; and they’re visionary in applying This three day concert event will honor process. The most significant of these their technology to develop new prod- the people that have made Yankton projects was her work on the ongoing ucts and create new market opportuni- their home, from the first rugged set- redevelopment of Sand Point, a former ties.’’ This commitment to improve- tlers to the children of today. Naval Air Station and later Support ment is a source of inspiration, and is Yankton continues to be a vibrant Activity Center for the Navy, closed in an example of the blossoming techno- community and a great asset to South 1991. Linda served as the key staff per- logical and R&D sector that is trans- Dakota. Yankton boasts a thriving son coordinating with the Navy, com- forming Maine. Biovation received the economy, various tourist destinations, munity members, Native American award at SBANE’s annual gala dinner and tremendous opportunities for out- tribes, and a host of interest groups on May 11 in Massachusetts, joining door recreation. I am pleased to recog- over the redevelopment of this signifi- Maine companies such as Tom’s of nize the achievements of Yankton, and cant resource. Linda worked to balance Maine and Wright Express, which have to offer my congratulations to the resi- all these interests while ensuring that been recognized in previous years. dents of the city on this historic mile- the values of the community were also Biovation aspires to become a world- ∑ stone. upheld. The crown jewel of this rede- wide leader in the product safety and f velopment is Warren G. Magnuson wound care sectors within the next Park which honors Washington State’s decade, and the company is off to a re- TRIBUTE TO RANDY SCHOEN sounding start. Biovation has devel- ∑ Mr. MERKLEY. Mr. President, today late great Senator Magnuson. Her leadership throughout this process has oped a process where textile fibers are I wish to honor the work of Medford infused with antimicrobial chemical Chief of Police Randy Schoen, and all been critical to its success. Ms. Cannon also served as a mentor formulations; these fibers can be used the officers, citizens, dispatchers, and for bandages and dressings to prevent volunteers being recognized at the and trusted colleague to hundreds of city staff through the years. She is the spread of disease by inhibiting the Medford Police Awards Banquet. growth of bacteria and fungi. Clearly, The Medford Police Department is known for her grace under pressure, her clearheaded approach to problems, this is a perfect tool for use in hos- doing its community a great service in pitals and medical facilities worldwide holding the annual Medford Police and keeping everything in perspective. Her attitude and work ethic always in efforts to eradicate the transmission Awards Banquet, acknowledging and of infections between patients. served as a model for those around her. encouraging the kind of work that In April of this year, Biovation Ms. Cannon represents the best of keeps our citizens safe and makes our shipped out its first orders of food safe- public service in this country. Her pro- communities great. ty products, and by this time next fessionalism, integrity, institutional Chief Schoen has contributed much year, it expects to complete contract knowledge, and understanding of the to his department and to the city of negotiations with a medical company role of public employees in serving the Medford, OR. He developed the depart- for its wound care products. Addition- people have been a huge asset to the ment’s first K9, SWAT, and drug and ally, the U.S. Marines have expressed city and will be sorely missed. There gang enforcement units. He has used interest in acquiring absorbent liners technology to make the department are hundreds of thousands of public to keep soldier’s boots dry. Because more effective and responsive. He has servants around the country like Ms. countries like Iraq and Afghanistan rolled out programs that have in- Cannon who are quietly serving their lack the proper infrastructure, it is dif- creased the Medford Police Depart- communities every day. We all should ficult to use electric dryers for such ment’s efficiency, community involve- be grateful for their dedication and tasks. Biovation’s unique products can ment, and clearance rates. Chief service. I would like to wish Ms. Can- provide an affordable, lightweight pad Schoen is a terrific example of what it non the best in her retirement and a to help our troops stay comfortable ∑ means to be a public servant. He is now heartfelt thank you. during their critical missions in ex- retiring after 25 years of meritorious f treme temperatures and conditions. service. His hard work will be missed. RECOGNIZING BIOVATION, LLC It will take America’s nearly 30 mil- Also worthy of praise are the many ∑ lion small businesses working to out- other individuals being honored at the Ms. SNOWE. Mr. President, for 25 innovate and out-produce the rest of Medford Police Awards Banquet. These years, the Smaller Business Associa- the world to provide for a lasting eco- citizens and officers are receiving tion of New England, SBANE, has been nomic recovery. With companies like awards for Outstanding Achievement, recognizing the accomplishments and Biovation leading the way, I am con- Meritorious Lifesaving, and Citizen innovations of small businesses fident that we are well-poised to move Recognition. Many of these individuals throughout the Northeast with its in- our economy forward. I thank everyone have risked personal harm to save the novation awards. The Rising Star cat- at Biovation for their dedication and life of another, or ensure that justice is egory is reserved for those small busi- forward-thinking, and congratulate done. I thank the Medford Police De- nesses that will have a significant im- them on their success.∑ pact in their industry or sector in the partment for honoring them. f I join the Medford Police Department near future. and the people of Medford in com- Today I rise to recognize Biovation TRIBUTE TO TOM MCAVOY memorating the great work of Chief LLC, a small manufacturing firm in ∑ Mr. UDALL of Colorado. Mr. Presi- Schoen and all those receiving awards the coastal Maine town of Boothbay dent, today I recognize a native at this banquet. These individuals rep- that creates antimicrobial chemical Puebloan, sometimes critic, and staple resent the ideals of civil service, per- and nonwoven fiber products for both of Colorado’s political journalism, Tom sonal heroism, and a just society. I food packaging and wound care. McAvoy. thank them for their service and wish Biovation beat out nearly 200 nominees Tom McAvoy has been with the them all the best in their endeavors to and 20 finalists to win the coveted Ris- Pueblo Chieftain newspaper in Colo- come.∑ ing Star category of the SBANE’s Inno- rado for over three decades, including f vation Awards, a truly worthy and 21 years of covering the Colorado state- aptly named recognition for this up- house. For the past 7 years, he has TRIBUTE TO LINDA CANNON and-coming firm. served as the Chieftain’s editorial re- ∑ Mrs. MURRAY. Mr. President, today The company was nominated for the search director and a member of its I honor Linda Cannon, deputy director SBANE award by the Maine Manufac- editorial board. He will retire at the of intergovernmental relations for the turing Extension Partnership, MEP, end of May, but I hear he will continue city of Seattle, who is retiring after with which it has worked to increase to make an occasional appearance in serving over 35 years with the city. efficiency, productivity and competi- the editorial section.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3425 Tom graduated from Pueblo’s Central hits and striking out seven. Through EXECUTIVE AND OTHER High School in 1964 and from the the tournament, Imhof was 6–1 with an COMMUNICATIONS Southern Colorado State College in amazing earned run average 0f 0.59. The following communications were 1968, before going on to earn a master’s Imhof and two other teammates, catch- laid before the Senate, together with degree in journalism from Ohio State er Kayde Schaefer and shortstop accompanying papers, reports, and doc- University. He served in the National Shauna Collins, made the all tour- uments, and were referred as indicated: Guard after college and went on to nament team. EC–1873. A communication from the Direc- work for the Associated Press, joining Congratulations to coach Greg Stew- tor of Defense Procurement and Acquisition the Chieftain in 1977. art and the Hustlin’ Owls of OIT. Clear- Policy, Department of Defense, transmit- Coloradans have truly benefited from ly, they are doing something right at ting, pursuant to law, the report of a rule en- Tom’s canny political analysis over the Oregon Institute of Technology.∑ titled ‘‘Fire-Resistant Fiber for Production years. He set the standard for reporters f of Military Uniforms’’ ((RIN0750–AH22) covering State government and politics (DFARS Case 2011–D021)) received in the Of- for regional papers, keeping in mind MESSAGES FROM THE PRESIDENT fice of the President of the Senate on May 25, the big picture for the State even as he Messages from the President of the 2011; to the Committee on Armed Services. EC–1874. A communication from the Under paid special attention to what was im- United States were communicated to Secretary of Defense (Personnel and Readi- portant from the local angles. the Senate by Mr. Pate, one of his sec- ness), transmitting a report on the approved In particular, he has been a faithful retaries. retirement of Admiral Eric T. Olson, United fighter for shedding light and stimu- f States Navy, and his advancement to the lating public discourse about the life- grade of admiral on the retired list; to the blood of the West: water. In numerous EXECUTIVE MESSAGES REFERRED Committee on Armed Services. articles and editorials, he has outlined As in executive session the Presiding EC–1875. A communication from the Under for his readers the issues surrounding Officer laid before the Senate messages Secretary of Defense (Acquisition, Tech- nology and Logistics), transmitting, pursu- and complicating water use in the agri- from the President of the United ant to law, the National Defense Stockpile cultural heartland that is southern States submitting sundry nominations (NDS) Annual Materials Plan for Fiscal Year Colorado and served as a megaphone which were referred to the appropriate 2012 and the succeeding 4 years, Fiscal Years for their interests to legislators. committees. 2013–2016; to the Committee on Armed Serv- Tom wrote in an editorial last year, (The nominations received today are ices. ‘‘Our obligation is to the public, not printed at the end of the Senate pro- EC–1876. A communication from the Direc- the office-holder.’’ To recognize his ceedings.) tor of the Regulatory Management Division, committed coverage of the Colorado Office of Policy, Environmental Protection f Agency, transmitting, pursuant to law, the statehouse, the Colorado Press Asso- MESSAGES FROM THE HOUSE report of a rule entitled ‘‘Requests for Modi- ciation awarded Tom its inaugural fication or Revocation of Toxic Substances Shining Star in 1995 for being the best At 10:27 a.m., a message from the Control Act Section 5 Significant New Use all-around reporter. House of Representatives, delivered by Notice Requirements; Revision to Notifica- Many reporters who cut their teeth Mrs. Cole, one of its reading clerks, an- tion Regulations’’ (FRL No. 8858–1) received on Colorado politics will tell you that nounced that the House has passed the in the Office of the President of the Senate Tom’s example and mentorship helped following bill, in which it requests the on May 25, 2011; to the Committee on Envi- them become better eyes and ears for concurrence of the Senate: ronment and Public Works. EC–1877. A communication from the Direc- their own communities. H.R. 1216. An act to amend the Public tor of the Regulatory Management Division, He also proved that showing up is Health Service Act to convert funding for Office of Policy, Environmental Protection half the story: there is a legend that graduate medical education in qualified Agency, transmitting, pursuant to law, the the only time Tom ever took a leave of teaching health centers from direct appro- report of a rule entitled ‘‘Approval and Pro- absence is when he came down with the priations to an authorization of appropria- mulgation of Implementation Plans and Des- West Nile virus. That dedication to his tions. ignations of Areas for Air Quality Planning work speaks of a deep love and sense of Purposes; Alabama, Georgia, and Tennessee: At 8:00 p.m., a message from the responsibility for his hometown com- Chattanooga; Determination of Attaining House of Representatives, delivered by munity, and it earned him the respect Data for the 1997 Annual Fine Particulate Mr. Novotny, one of its reading clerks, Standard’’ (FRL No. 9312–5) received in the of his peers and his subjects alike. announced that the House agrees to Office of the President of the Senate on May Southern Colorado will miss Tom the amendment of the Senate to the 25, 2011; to the Committee on Environment McAvoy’s voice on the issues that mat- amendment of the House to the bill (S. and Public Works. ter to the region, but I have a feeling EC–1878. A communication from the Direc- 990) to provide for an additional tem- his wife Sue and their three children tor of the Regulatory Management Division, porary extension of programs under the will have to share him in retirement Office of Policy, Environmental Protection Small Business Act and the Small with his continued service to his com- Agency, transmitting, pursuant to law, the Business Investment Act of 1958, and munity.∑ report of a rule entitled ‘‘Approval and Pro- for other purposes. mulgation of Air Quality Implementation f Plans; West Virginia; Permits for Construc- f OIT WOMEN’S SOFTBALL TEAM tion and Major Modification of Major Sta- MEASURES REFERRED tionary Sources of Air Pollution for the Pre- ∑ Mr. WYDEN. Mr. President, Oregon vention of Significant Deterioration’’ (FRL Institute of Technology in Klamath The following bill was read the first No. 9311–9) received in the Office of the Presi- Falls has long been a leader in Amer- and the second times by unanimous dent of the Senate on May 25, 2011; to the ica’s effort to develop geothermal en- consent, and referred as indicated: Committee on Environment and Public ergy, and it’s also a power in men’s H.R. 1216. An act to amend the Public Works. basketball, winning national titles in Health Service Act to convert funding for EC–1879. A communication from the Direc- graduate medical education in qualified tor of the Regulatory Management Division, 2004 and 2008. Office of Policy, Environmental Protection Now, it is the national champion in teaching health centers from direct appropriations to an authorization of appropria- Agency, transmitting, pursuant to law, the women’s softball. It is the first wom- tions; to the Committee on Health, Edu- report of a rule entitled ‘‘Approval and Pro- en’s team to win a national champion- cation, Labor, and Pensions. mulgation of Air Quality Implementation ship at OIT, but I am sure it won’t be Plans; Pennsylvania; Determination of At- f the last. tainment for the Pittsburgh-Beaver Valley 8- The Hustlin’ Owls entered the na- MEASURES READ THE FIRST TIME Hour Ozone Nonattainment Area’’ (FRL No. 9313–1) received in the Office of the President tional tournament ranked 18th in the The following bill was read the first Nation. They came out 1st in the Na- of the Senate on May 25, 2011; to the Com- time: mittee on Environment and Public Works. tion. They were led by a stellar per- S. 1125. A bill to improve national security EC–1880. A communication from the Direc- formance from their pitcher and MVP, letters, the authorities under the Foreign In- tor of the Regulatory Management Division, Jackie Imhof. In the final game, she telligence Surveillance Act of 1978, and for Office of Policy, Environmental Protection pitched a shutout, allowing only four other purposes. Agency, transmitting, pursuant to law, the

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A bill to designate as wilderness ronment and Public Works. The following bills and joint resolu- certain public land in the Cherokee National EC–1881. A communication from the Direc- tions were introduced, read the first Forest in the State of Tennessee, and for tor of the Regulatory Management Division, and second times by unanimous con- other purposes; to the Committee on Energy Office of Policy, Environmental Protection sent, and referred as indicated: and Natural Resources. Agency, transmitting, pursuant to law, the By Mr. WICKER: By Ms. MURKOWSKI: report of a rule entitled ‘‘Approval and Pro- S. 1091. A bill to amend the National Flood S. 1081. A bill to amend titles 23 and 49, Insurance Act of 1968 to include a system for mulgation of Air Quality Implementation United States Code, to streamline the envi- Plans; Pennsylvania; Adoption of Control indeterminate loss insurance claims, and for ronmental review process for highway other purposes; to the Committee on Bank- Techniques Guidelines for Flat Wood Pan- projects, and for other purposes; to the Com- eling Surface Coating Process’’ (FRL No. ing, Housing, and Urban Affairs. mittee on Environment and Public Works. By Mr. CARPER (for himself and Mr. 9312–7) received in the Office of the President By Ms. LANDRIEU: of the Senate on May 25, 2011; to the Com- BROWN of Massachusetts): S. 1082. A bill to provide for an additional S. 1092. A bill to address aviation security mittee on Environment and Public Works. temporary extension of programs under the in the United States by bolstering passenger EC–1882. A communication from the Gen- Small Business Act and the Small Business and air cargo screening procedures, to ensure eral Counsel, Federal Retirement Thrift In- Investment Act of 1958, and for other pur- that purchases of screening technologies are vestment Board, transmitting, pursuant to poses; considered and passed. thoroughly evaluated for the best return on law, the report of a rule entitled ‘‘Court Or- By Mr. MORAN (for himself and Mr. investment of the taxpayer’s money, and for ders and Legal Processes Affecting Thrift ROBERTS): other purposes; to the Committee on Com- S. 1083. A bill to amend the National Trails Savings Plan Accounts’’ (5 CFR Part 1653) re- merce, Science, and Transportation. System Act to designate the route of the ceived in the Office of the President of the By Mr. UDALL of Colorado: Senate on May 25, 2011; to the Committee on Smoky Hill Trail, an overland trail across S. 1093. A bill to amend the Internal Rev- Homeland Security and Governmental Af- the Great Plains during pioneer days in Kan- enue Code of 1986 to provide that solar en- fairs. sas and Colorado, for study for potential ad- ergy property need not be located on the EC–1883. A communication from the Chief dition to the National Trails System; to the property with respect to which it is gener- Committee on Energy and Natural Re- of the Publications and Regulations Branch, ating electricity in order to qualify for the sources. Internal Revenue Service, Department of the residential energy efficient property credit; By Mr. MORAN (for himself and Mr. Treasury, transmitting, pursuant to law, the to the Committee on Finance. ROBERTS): report of a rule entitled ‘‘Applicable Federal By Mr. MENENDEZ (for himself, Mr. S. 1084. A bill to amend the National Trails Rates—June 2011’’ (Rev. Rul. 2011–13) re- ENZI, Mr. DURBIN, and Mr. BROWN of ceived in the Office of the President of the System Act to designate the routes of the Shawnee Cattle Trail, the oldest of the Massachusetts): Senate on May 25, 2011; to the Committee on S. 1094. A bill to reauthorize the Com- major Texas Cattle Trails, for study for po- Finance. bating Autism Act of 2006 (Public Law 109— tential addition to the National Trails Sys- 416); to the Committee on Health, Education, f tem, and for other purposes; to the Com- mittee on Energy and Natural Resources. Labor, and Pensions. REPORTS OF COMMITTEES OL- By Mr. INHOFE (for himself and Ms. By Mrs. BOXER (for herself, Ms. C LINS, Mr. KOHL, and Mr. SANDERS): The following reports of committees SNOWE): S. 1095. A bill to include geriatrics and ger- were submitted: S. 1085. A bill to amend the Clean Air Act to define next generation biofuel, and to ontology in the definition of ‘‘primary By Mr. LEAHY, from the Committee on health services’’ under the National Health the Judiciary, with an amendment in the na- allow States the option of not participating in the corn ethanol portions of the renewable Service Corps program; to the Committee on ture of a substitute: Health, Education, Labor, and Pensions. S. 968. A bill to prevent online threats to fuel standard due to conflicts with agricultural, economic, energy, and environmental By Ms. SNOWE (for herself, Ms. economic creativity and theft of intellectual STABENOW, Ms. MIKULSKI, Mr. property, and for other purposes. goals; to the Committee on Environment and Public Works. CARDIN, and Mr. WICKER): f By Mr. HARKIN (for himself and Mr. S. 1096. A bill to amend title XVIII of the Social Security Act to improve access to, BLUNT): EXECUTIVE REPORTS OF and utilization of, bone mass measurement COMMITTEES S. 1086. A bill to reauthorize the Special Olympics Sport and Empowerment Act of benefits under the Medicare part B program The following executive reports of 2004, to provide assistance to Best Buddies to by extending the minimum payment amount nominations were submitted: support the expansion and development of for bone mass measurement under such pro- mentoring programs, and for other purposes; gram through 2013; to the Committee on Fi- By Mr. JOHNSON, of South Dakota, for nance. the Committee on Banking, Housing, and to the Committee on Health, Education, Labor, and Pensions. By Mr. KYL (for himself, Mr. SESSIONS, Urban Affairs. Mr. MCCAIN, Mr. CORNYN, Mr. WICK- *Timothy G. Massad, of Connecticut, to be By Mr. BARRASSO (for himself, Ms. ER, Mr. VITTER, Mr. INHOFE, Mr. an Assistant Secretary of the Treasury. MURKOWSKI, Mr. HATCH, Mr. HELLER, CORKER, and Mr. PORTMAN): By Mr. LEAHY for the Committee on the and Mr. ENZI): S. 1087. A bill to release wilderness study S. 1097. A bill to strengthen the strategic Judiciary. areas administered by the Bureau of Land force posture of the United States by imple- John Andrew Ross, of Missouri, to be Management that are not suitable for wilder- menting and supplementing certain provi- United States District Judge for the Eastern ness designation from continued manage- sions of the New START Treaty and the Res- District of Missouri. ment as de facto wilderness areas and to re- olution of Ratification, and for other pur- Timothy M. Cain, of South Carolina, to be lease inventoried roadless areas within the poses; to the Committee on Armed Services. United States District Judge for the District National Forest System that are not rec- By Mr. HATCH (for himself and Mr. of South Carolina. ommended for wilderness designation from RUBIO): Nannette Jolivette Brown, of Louisiana, to the land use restrictions of the 2001 Roadless S. 1098. A bill to amend the Internal Rev- be United States District Judge for the East- Area Conservation Final Rule and the 2005 enue Code of 1986 to improve access to health ern District of Louisiana. State Petitions for Inventoried Roadless care through expanded health savings ac- Nancy Torresen, of Maine, to be United Area Management Final Rule, and for other counts, and for other purposes; to the Com- States District Judge for the District of purposes; to the Committee on Energy and mittee on Finance. Maine. Natural Resources. By Mr. BLUNT (for himself and Mr. William Francis Kuntz, II, of New York, to By Mr. KERRY (for himself, Ms. KIRK): be United States District Judge for the East- STABENOW, Mr. BLUMENTHAL, and Mr. S. 1099. A bill to improve patient access to ern District of New York. CARDIN): health care services and provide improved *Nomination was reported with rec- S. 1088. A bill to provide increased funding medical care by reducing the excessive bur- ommendation that it be confirmed sub- for the reinsurance for early retirees pro- den the liability system places on the health care delivery system; to the Committee on ject to the nominee’s commitment to gram; to the Committee on Health, Edu- cation, Labor, and Pensions. the Judiciary. respond to requests to appear and tes- By Mr. MCCONNELL: By Ms. COLLINS (for herself, Mr. tify before any duly constituted com- S. 1089. A bill to provide for the introduc- MCCONNELL, Mr. KYL, Mr. ALEX- mittee of the Senate. tion of pay-for-performance compensation ANDER, Mr. PORTMAN, Mr. BROWN of

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Massachusetts, Mr. JOHNSON of Wis- tracts toward contracting goals; to the Com- By Mr. CARDIN (for himself, Mr. consin, Mr. MORAN, Mr. HATCH, Mr. mittee on Small Business and Entrepreneur- BLUNT, and Ms. STABENOW): GRASSLEY, Mr. ENZI, Mr. CORNYN, Mr. ship. S. 1120. A bill to encourage greater use of BURR, Mr. ISAKSON, Mr. VITTER, Mr. By Mr. UDALL of Colorado (for him- propane as a transportation fuel, to create THUNE, Mr. BARRASSO, Mr. WICKER, self, Mr. CRAPO, Mr. BENNET, Mr. jobs, and for other purposes; to the Com- Mr. JOHANNS, Mr. COATS, Ms. AYOTTE, BURR, Mr. TESTER, Mr. VITTER, Mr. mittee on Finance. and Mr. BLUNT): CHAMBLISS, and Mr. BLUNT): By Mr. KOHL (for himself and Mr. S. 1100. A bill to amend title 41, United S. 1111. A bill to amend the Internal Rev- ENZI): States Code, to prohibit inserting politics enue Code of 1986 to reduce the tax on beer to S. 1121. A bill to amend the Internal Rev- into the Federal acquisition process by pro- its pre-1991 level, and for other purposes; to enue Code of 1986 to modify the rules relat- hibiting the submission of political contribu- the Committee on Finance. ing to loans made from a qualified employer tion information as a condition of receiving By Mr. WYDEN (for himself, Mrs. MUR- plan, and for other purposes; to the Com- a Federal contract; to the Committee on RAY, and Mr. MERKLEY): mittee on Finance. Homeland Security and Governmental Af- S. 1112. A bill to amend title 38, United By Mr. MENENDEZ: fairs. States Code, to grant family of members of S. 1122. A bill to amend title 23, United By Mr. BOOZMAN (for himself and Mr. the uniformed services temporary annual States Code, to establish standards limiting PRYOR): leave during the deployment of such mem- the amounts of arsenic and lead contained in S. 1101. A bill to require the Secretary of bers, and for other purposes; to the Com- glass beads used in pavement markings; to Health and Human Services to approve waiv- mittee on Health, Education, Labor, and the Committee on Environment and Public ers under the Medicaid Program under title Pensions. Works. XIX of the Social Security Act that are re- By Ms. MURKOWSKI (for herself, Mr. By Mr. BROWN of Ohio: S. 1123. A bill to amend title 38, United lated to State provider taxes that exempt NELSON of Nebraska, Mr. WEBB, Mr. States Code, to improve the provision of ben- certain retirement communities; to the RISCH, Mrs. HAGAN, Mr. BLUNT, Mr. efits and assistance under laws administered Committee on Finance. BARRASSO, Mr. ENZI, Mr. CONRAD, Mr. by the Secretary of Veterans Affairs to vet- By Mr. DURBIN (for himself, Mr. COCHRAN, Mr. BEGICH, Mr. HELLER, erans affected by natural or other disasters, FRANKEN, and Mr. WHITEHOUSE): Mr. CRAPO, Ms. STABENOW, Mr. and for other purposes; to the Committee on S. 1102. A bill to amend title 11, United HOEVEN, Mrs. MCCASKILL, and Mr. Veterans’ Affairs. States Code, with respect to certain excep- MANCHIN): tions to discharge in bankruptcy; to the S. 1113. A bill to facilitate the reestablish- By Mr. CONRAD: S. 1124. A bill to amend title 38, United Committee on the Judiciary. ment of domestic, critical mineral designa- States Code, to improve the utilization of By Mr. LEAHY (for himself, Mr. tion, assessment, production, manufac- teleconsultation, teleretinal imaging, tele- GRASSLEY, Mrs. FEINSTEIN, and Mr. turing, recycling, analysis, forecasting, medicine, and telehealth coordination serv- CHAMBLISS): workforce, education, research, and inter- ices for the provision of health care to vet- S. 1103. A bill to extend the term of the in- national capabilities in the United States, erans, and for other purposes; to the Com- cumbent Director of the Federal Bureau of and for other purposes; to the Committee on mittee on Veterans’ Affairs. Investigation; to the Committee on the Judi- Energy and Natural Resources. By Mr. LEAHY (for himself, Mr. ciary. By Mr. COONS: WYDEN, Mrs. GILLIBRAND, Mr. HAR- By Mr. CASEY: S. 1114. A bill to extend expiring provisions KIN, Mr. DURBIN, Mr. AKAKA, Mr. S. 1104. A bill to require regular audits of, of the USA PATRIOT Improvement and Re- FRANKEN, Mr. BINGAMAN, Mrs. BOXER, and improvements to, the Transition Assist- authorization Act of 2005 and the Intel- Mr. COONS, and Mr. CARDIN): ance Program; to the Committee on Vet- ligence Reform and Terrorism Prevention S. 1125. A bill to improve national security erans’ Affairs. Act of 2004 until May 31, 2011, and for other letters, the authorities under the Foreign In- By Mrs. MURRAY (for herself, Ms. purposes; to the Committee on the Judici- telligence Surveillance Act of 1978, and for ANTWELL, Mrs. SHAHEEN, and Mr. C ary. other purposes; read the first time. MERKLEY): By Mr. UDALL of New Mexico (for By Mr. WHITEHOUSE (for himself, Mr. S. 1105. A bill to provide a Federal tax ex- himself, Mr. WHITEHOUSE, and Mr. ALEXANDER, and Mr. UDALL of Colo- emption for forest conservation bonds, and CARDIN): rado): for other purposes; to the Committee on Fi- S. 1115. A bill to establish centers of excel- S. 1126. A bill to amend the Energy Inde- nance. lence for green infrastructure, and for other pendence and Security Act of 2007 to author- By Mr. KOHL (for himself and Mr. purposes; to the Committee on Environment ize the Secretary of Energy to insure loans GRAHAM): and Public Works. for financing of renewable energy systems S. 1106. A bill to authorize Department of By Mr. BURR (for himself, Mr. WICKER, leased for residential use, and for other pur- Defense support for programs on pro bono Mr. COCHRAN, Mr. INHOFE, Mr. LEE, poses; to the Committee on Energy and Nat- legal assistance for members of the Armed Mr. MCCAIN, Mr. COATS, and Mr. ural Resources. Forces; to the Committee on Armed Serv- THUNE): By Mr. CONRAD: ices. S. 1116. A bill to merge the Department of S. 1127. A bill to amend title 38, United By Mr. MENENDEZ: Labor, the Department of Commerce, and States Code, to establish centers of excel- S. 1107. A bill to authorize and support pso- the Small Business Administration to estab- lence for rural health research, education, riasis and psoriatic arthritis data collection, lish a Department of Commerce and the and clinical activities and to recognize the to express the sense of the Congress to en- Workforce, and for other purposes; to the rural health resource centers in the Office of courage and leverage public and private in- Committee on Homeland Security and Gov- Rural Health, and for other purposes; to the vestment in psoriasis research with a par- ernmental Affairs. Committee on Veterans’ Affairs. ticular focus on interdisciplinary collabo- By Mr. ROCKEFELLER (for himself, By Mr. MENENDEZ: rative research on the relationship between Ms. STABENOW, and Mr. BROWN of S. 1128. A bill to establish a National Au- psoriasis and its comorbid conditions, and Ohio): tism Spectrum Disorder Initiative and for for other purposes; to the Committee on S. 1117. A bill to amend section 35 of the In- other purposes; to the Committee on Health, Health, Education, Labor, and Pensions. ternal Revenue Code of 1986 to improve the Education, Labor, and Pensions. By Mr. SANDERS (for himself, Mr. health coverage tax credit, and for other pur- By Mr. BARRASSO (for himself, Mr. BOOZMAN, and Mr. BINGAMAN): poses; to the Committee on Finance. ENZI, Mr. CRAPO, Mr. RISCH, Mr. S. 1108. A bill to provide local communities By Mr. HOEVEN (for himself, Mr. THUNE, Mr. HELLER, and Mr. HATCH): with tools to make solar permitting more ef- CONRAD, Mr. CORNYN, Mr. WICKER, S. 1129. A bill to amend the Federal Land ficient, and for other purposes; to the Com- Ms. KLOBUCHAR, Mr. ALEXANDER, Mr. Policy and Management Act of 1976 to im- mittee on Energy and Natural Resources. ENZI, Mr. FRANKEN, Mr. PORTMAN, prove the management of grazing leases and By Mr. MENENDEZ (for himself, Mr. Mr. JOHANNS, and Mr. SESSIONS): permits, and for other purposes; to the Com- REID, Mr. DURBIN, Mr. SCHUMER, Mr. S. 1118. A bill to authorize the construction mittee on Energy and Natural Resources. LEAHY, Mr. AKAKA, Mr. BENNET, Mrs. and maintenance of levees on property ac- By Mr. ROCKEFELLER: GILLIBRAND, and Mr. INOUYE): quired under hazard mitigation grant pro- S. 1130. A bill to strengthen the United S. 1109. A bill to authorize the adjustment grams of the Federal Emergency Manage- States trade laws and for other purposes; to of status for immediate family members of ment Agency; to the Committee on Home- the Committee on Finance. individuals who served honorably in the land Security and Governmental Affairs. By Mrs. HAGAN (for herself, Mr. Armed Forces of the United States during By Mr. INOUYE (for himself, Mr. BROWN of Ohio, Ms. LANDRIEU, and the Afghanistan and Iraq conflicts, and for ROCKEFELLER, Mr. BEGICH, Ms. Mr. CONRAD): other purposes; to the Committee on the Ju- SNOWE, and Ms. MURKOWSKI): S. 1131. A bill to authorize the Secretary of diciary. S. 1119. A bill to reauthorize and improve Health and Human Services, acting through By Mr. ENZI (for himself and Mr. the Marine Debris Research, Prevention, and the Director of the Centers for Disease Con- CASEY): Reduction Act, and for other purposes; to the trol and Prevention, to establish and imple- S. 1110. A bill to amend the Small Business Committee on Commerce, Science, and ment a birth defects prevention, risk reduc- Act to permit agencies to count certain con- Transportation. tion, and public awareness program; to the

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Committee on Health, Education, Labor, and thermal energy technology and demonstrate S. 311 Pensions. the use of geothermal energy in large scale At the request of Mr. KERRY, the By Mr. MENENDEZ: thermal applications, and for other purposes; name of the Senator from Delaware S. 1132. A bill to establish programs to pro- to the Committee on Energy and Natural Re- (Mr. COONS) was added as a cosponsor vide services to individuals with autism and sources. of S. 311, a bill to provide for the cov- the families of such individuals and for other By Mr. MCCONNELL (for himself, Mrs. purposes; to the Committee on Health, Edu- FEINSTEIN, Mr. MCCAIN, and Mr. DUR- erage of medically necessary food cation, Labor, and Pensions. BIN): under Federal health programs and pri- By Mr. WYDEN (for himself, Ms. S.J. Res. 17. A joint resolution approving vate health insurance. SNOWE, Mrs. MCCASKILL, Mr. BLUNT, the renewal of import restrictions contained S. 341 Mr. BROWN of Ohio, Mr. PORTMAN, in the Burmese Freedom and Democracy Act At the request of Mr. BROWN of Mas- and Mr. SCHUMER): of 2003; to the Committee on Finance. sachusetts, the names of the Senator S. 1133. A bill to prevent the evasion of antidumping and countervailing duty orders, f from North Carolina (Mr. BURR) and the Senator from Kansas (Mr. ROB- and for other purposes; to the Committee on SUBMISSION OF CONCURRENT AND ERTS) were added as cosponsors of S. Finance. SENATE RESOLUTIONS By Ms. KLOBUCHAR (for herself, Mr. 341, a bill to require the rescission or KOHL, Mr. JOHNSON of Wisconsin, and The following concurrent resolutions termination of Federal contracts and Mr. FRANKEN): and Senate resolutions were read, and subcontracts with enemies of the S. 1134. A bill to authorize the St. Croix referred (or acted upon), as indicated: United States. River Crossing Project with appropriate By Mr. AKAKA (for himself, Mr. mitigation measures to promote river val- S. 394 INOUYE, Mrs. MURRAY, Mrs. FEIN- ues; to the Committee on Energy and Nat- At the request of Mr. KOHL, the name STEIN, and Mr. REID): ural Resources. of the Senator from West Virginia (Mr. S. Res. 200. A resolution recognizing the By Mr. MCCONNELL (for himself and ROCKEFELLER) was added as a cospon- significance of the designation of the month Mr. PAUL): sor of S. 394, a bill to amend the Sher- S. 1135. A bill to provide for the reenrich- of May as Asian/Pacific American Heritage Month; to the Committee on the Judiciary. man Act to make oil-producing and ex- ment of certain depleted uranium owned by porting cartels illegal. the Department of Energy, and for the sale By Mr. BROWN of Massachusetts (for or barter of the resulting reenriched ura- himself, Mrs. FEINSTEIN, Mr. HATCH, S. 483 nium, and for other purposes; to the Com- Mrs. MURRAY, Mr. CARDIN, Mr. RUBIO, At the request of Ms. SNOWE, the mittee on Energy and Natural Resources. and Mr. AKAKA): name of the Senator from New Mexico S. Res. 201. A resolution expressing the re- By Mr. TESTER: (Mr. UDALL) was added as a cosponsor gret of the Senate for the passage of dis- S. 1136. A bill to amend Public Law 106–206 of S. 483, a bill to amend title XVIII of to direct the Secretary of the Interior and criminatory laws against the Chinese in America, including the Chinese Exclusion the Social Security Act to provide for the Secretary of Agriculture to require an- the treatment of clinical psychologists nual permits and assess annual fees for com- Act; to the Committee on the Judiciary. mercial filming activities on Federal land By Mr. CONRAD (for himself, Mr. as physicians for purposes of furnishing for film crews of 5 persons or fewer; to the LEVIN, Mr. ROCKEFELLER, and Mr. clinical psychologist services under the Committee on Energy and Natural Re- DURBIN): Medicare program. S. Res. 202. A resolution designating June sources. S. 501 By Mr. SANDERS: 27, 2011, as ‘‘National Post-Traumatic Stress Disorder Awareness Day’’; to the Committee At the request of Mr. THUNE, the S. 1137. A bill to provide incentives for in- name of the Senator from Florida (Mr. vestment in research and development for on the Judiciary. NELSON) was added as a cosponsor of S. new medicines, to enhance access to new By Ms. LANDRIEU (for herself, Mr. medicines, and for other purposes; to the GRASSLEY, Mrs. GILLIBRAND, Mr. 501, a bill to establish pilot projects Committee on Health, Education, Labor, and FRANKEN, Mr. CARDIN, Mr. BEGICH, under the Medicare program to provide Pensions . Mr. AKAKA, Mr. COCHRAN, Ms. COL- incentives for home health agencies to By Mr. SANDERS: LINS, Mr. LEVIN, Mr. NELSON of Ne- utilize home monitoring and commu- S. 1138. A bill to de-link research and de- braska, Mr. LAUTENBERG, Mrs. MUR- nications technologies. velopment incentives from drug prices for RAY, Mr. KERRY, Mr. INHOFE, Ms. S. 539 new medicines to treat HIV/AIDS and to SNOWE, and Mr. CASEY): stimulate greater sharing of scientific S. Res. 203. A resolution recognizing ‘‘Na- At the request of Mr. WHITEHOUSE, knowledge; to the Committee on Health, tional Foster Care Month’’ as an opportunity the name of the Senator from New Jer- Education, Labor, and Pensions. to raise awareness about the challenges of sey (Mr. MENENDEZ) was added as a co- By Ms. KLOBUCHAR (for herself, Mr. children in the foster care system, and en- sponsor of S. 539, a bill to amend the INHOFE, Mr. BENNET, Mr. COONS, Mr. couraging Congress to implement policy to Public Health Services Act and the So- NELSON of Nebraska, Mrs. MURRAY, improve the lives of children in the foster cial Security Act to extend health in- Mr. BAUCUS, Mr. FRANKEN, and Mr. care system; considered and agreed to. formation technology assistance eligi- By Mr. CASEY (for himself, Mr. UDALL of Colorado): bility to behavioral health, mental S. 1139. A bill to amend the Higher Edu- BOOZMAN, Mr. DURBIN, Mr. LUGAR, cation Act of 1965 to provide that interest Mr. MORAN, Mr. LEAHY, and Mr. health, and substance abuse profes- shall not accrue on Federal Direct Loans for BROWN of Ohio): sionals and facilities, and for other members of the Armed Forces on active duty S. Res. 204. A resolution designating June purposes. regardless of the date of disbursement; to the 7, 2011, as ‘‘National Hunger Awareness S. 570 Committee on Health, Education, Labor, and Day’’; considered and agreed to. At the request of Mr. TESTER, the Pensions. f name of the Senator from Pennsyl- By Mr. ROCKEFELLER: vania (Mr. CASEY) was added as a co- S. 1140. A bill to provide for restoration of ADDITIONAL COSPONSORS the coastal areas of the Gulf of Mexico af- sponsor of S. 570, a bill to prohibit the fected by the Deepwater Horizon oil spill, S. 195 Department of Justice from tracking and for other purposes; to the Committee on At the request of Mr. ROCKEFELLER, and cataloguing the purchases of mul- Commerce, Science, and Transportation. the name of the Senator from Lou- tiple rifles and shotguns. By Mr. AKAKA (for himself, Mr. isiana (Ms. LANDRIEU) was added as a S. 598 INOUYE, and Mr. MENENDEZ): cosponsor of S. 195, a bill to reinstate At the request of Mrs. FEINSTEIN, the S. 1141. A bill to exempt children of certain Federal matching of State spending of Filipino World War II veterans from the nu- name of the Senator from Maryland merical limitations on immigrant visas and child support incentive payments. (Mr. CARDIN) was added as a cosponsor for other purposes; to the Committee on the S. 274 of S. 598, a bill to repeal the Defense of Judiciary. At the request of Mrs. HAGAN, the Marriage Act and ensure respect for By Mr. TESTER (for himself, Ms. MUR- name of the Senator from Maryland State regulation of marriage. KOWSKI, and Mr. REID): (Mr. CARDIN) was added as a cosponsor S. 658 S. 1142. A bill to promote the mapping and of S. 274, a bill to amend title XVIII of At the request of Ms. KLOBUCHAR, the development of the United States geothermal resources by establishing a direct the Social Security Act to expand ac- names of the Senator from Connecticut loan program for high risk geothermal explo- cess to medication therapy manage- (Mr. BLUMENTHAL), the Senator from ration wells, to amend the Energy Independ- ment services under the Medicare pre- Massachusetts (Mr. BROWN), the Sen- ence and Security Act of 2007 to improve geo- scription drug program. ator from Vermont (Mr. SANDERS) and

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3429 the Senator from Alaska (Mr. BEGICH) S. 857 Health Service Act to reauthorize the were added as cosponsors of S. 658, a At the request of Mr. GRASSLEY, the program of payments to children’s hos- bill to provide for the preservation by name of the Senator from Maryland pitals that operate graduate medical the Department of Defense of documen- (Ms. MIKULSKI) was added as a cospon- education programs. tary evidence of the Department of De- sor of S. 857, a bill to amend the Ele- S. 968 fense on incidents of sexual assault and mentary and Secondary Education Act At the request of Mr. LEAHY, the sexual harassment in the military, and of 1965 to aid gifted and talented learn- names of the Senator from New York for other purposes. ers, including high-ability learners not (Mrs. GILLIBRAND) and the Senator S. 699 formally identified as gifted. from Florida (Mr. RUBIO) were added as At the request of Mr. BINGAMAN, the S. 868 cosponsors of S. 968, a bill to prevent name of the Senator from North Da- At the request of Mr. HATCH, the online threats to economic creativity kota (Mr. HOEVEN) was added as a co- name of the Senator from Tennessee and theft of intellectual property, and sponsor of S. 699, a bill to authorize the (Mr. CORKER) was added as a cosponsor for other purposes. Secretary of Energy to carry out a proof S. 868, a bill to restore the long- S. 972 gram to demonstrate the commercial standing partnership between the At the request of Mr. CARPER, the application of integrated systems for States and the Federal Government in name of the Senator from New Jersey long-term geological storage of carbon managing the Medicaid program. (Mr. LAUTENBERG) was added as a co- dioxide, and for other purposes. S. 891 sponsor of S. 972, a bill to amend titles S. 738 At the request of Mr. GRASSLEY, the 23 and 49, United States Code, to estab- At the request of Ms. STABENOW, the name of the Senator from Maine (Ms. lish procedures to advance the use of names of the Senator from New Jersey SNOWE) was added as a cosponsor of S. cleaner construction equipment on (Mr. LAUTENBERG) and the Senator 891, a bill to amend title XVIII of the Federal-aid highway and public trans- from Delaware (Mr. COONS) were added Social Security Act to provide for the portation construction projects, to as cosponsors of S. 738, a bill to amend recognition of attending physician as- make the acquisition and installation title XVIII of the Social Security Act sistants as attending physicians to of emission control technology an eli- to provide for Medicare coverage of serve hospice patients. gible expense in carrying out such comprehensive Alzheimer’s disease and S. 895 projects, and for other purposes. related dementia diagnosis and serv- At the request of Mr. BEGICH, the S. 998 ices in order to improve care and out- name of the Senator from Delaware comes for Americans living with Alz- At the request of Mr. AKAKA, the (Mr. COONS) was added as a cosponsor heimer’s disease and related dementias name of the Senator from Georgia (Mr. of S. 895, a bill to amend the Elemen- ISAKSON) was added as a cosponsor of S. by improving detection, diagnosis, and tary and Secondary Education Act of care planning. 998, a bill to amend title IV of the Em- 1965 to invest in innovation for edu- ployee Retirement Income Security S. 755 cation. Act of 1974 to require the Pension Ben- At the request of Mr. WYDEN, the S. 906 name of the Senator from Maryland efit Guaranty Corporation, in the case At the request of Mr. WICKER, the of airline pilots who are required by (Ms. MIKULSKI) was added as a cospon- name of the Senator from Kentucky sor of S. 755, a bill to amend the Inter- regulation to retire at age 60, to com- (Mr. MCCONNELL) was added as a co- nal Revenue Code of 1986 to allow an pute the actuarial value of monthly sponsor of S. 906, a bill to prohibit tax- offset against income tax refunds to benefits in the form of a life annuity payer funded abortions and to provide pay for restitution and other State ju- commencing at age 60. for conscience protections, and for dicial debts that are past-due. S. 1025 other purposes. S. 756 At the request of Mr. LEAHY, the S. 948 At the request of Mr. GRASSLEY, the names of the Senator from New York name of the Senator from Massachu- At the request of Mr. MERKLEY, the (Mrs. GILLIBRAND), the Senator from setts (Mr. BROWN) was added as a co- names of the Senator from Missouri Delaware (Mr. COONS) and the Senator sponsor of S. 756, a bill to amend title (Mr. BLUNT) and the Senator from from South Dakota (Mr. JOHNSON) were XI of the Social Security Act to pro- Michigan (Ms. STABENOW) were added added as cosponsors of S. 1025, a bill to vide for the public availability of Medi- as cosponsors of S. 948, a bill to pro- amend title 10, United States Code, to care claims data. mote the deployment of plug-in elec- enhance the national defense through tric drive vehicles, and for other pur- S. 757 empowerment of the National Guard, poses. At the request of Mr. BARRASSO, the enhancement of the functions of the name of the Senator from North Da- S. 951 National Guard Bureau, and improve- kota (Mr. HOEVEN) was added as a co- At the request of Mrs. MURRAY, the ment of Federal-State military coordi- sponsor of S. 757, a bill to provide in- name of the Senator from Missouri nation in domestic emergency re- centives to encourage the development (Mrs. MCCASKILL) was added as a co- sponse, and for other purposes. and implementation of technology to sponsor of S. 951, a bill to improve the S. 1039 capture carbon dioxide from dilute provision of Federal transition, reha- At the request of Mr. CARDIN, the sources on a significant scale using di- bilitation, vocational, and unemploy- name of the Senator from California rect air capture technologies. ment benefits to members of the (Mrs. BOXER) was added as a cosponsor S. 792 Armed Forces and veterans, and for of S. 1039, a bill to impose sanctions on At the request of Mr. PRYOR, the other purposes. persons responsible for the detention, name of the Senator from Mississippi S. 952 abuse, or death of Sergei Magnitsky, (Mr. COCHRAN) was added as a cospon- At the request of Mr. DURBIN, the for the conspiracy to defraud the Rus- sor of S. 792, a bill to authorize the name of the Senator from Hawaii (Mr. sian Federation of taxes on corporate waiver of certain debts relating to as- INOUYE) was added as a cosponsor of S. profits through fraudulent transactions sistance provided to individuals and 952, a bill to authorize the cancellation and lawsuits against Hermitage, and households since 2005. of removal and adjustment of status of for other gross violations of human S. 800 certain alien students who are long- rights in the Russian Federation, and At the request of Mr. HARKIN, the term United States residents and who for other purposes. name of the Senator from Washington entered the United States as children S. 1042 (Mrs. MURRAY) was added as a cospon- and for other purposes. At the request of Ms. MURKOWSKI, the sor of S. 800, a bill to amend the Safe, S. 958 name of the Senator from South Caro- Accountable, Flexible, Efficient Trans- At the request of Mr. CASEY, the lina (Mr. DEMINT) was added as a co- portation Equity Act: A Legacy for name of the Senator from Washington sponsor of S. 1042, a bill to amend title Users to reauthorize and improve the (Ms. CANTWELL) was added as a cospon- XVIII of the Social Security Act to es- safe routes to school program. sor of S. 958, a bill to amend the Public tablish a Medicare payment option for

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3430 CONGRESSIONAL RECORD — SENATE May 26, 2011 patients and physicians or practi- providing adequate funding for the de- thing that has become very controver- tioners to freely contract, without pen- velopment of housing as a response to sial. It is certainly not partisan in any alty, for Medicare fee-for-service items the acquired immunodeficiency syn- way. It is more geographical; that is, I and services, while allowing Medicare drome pandemic. have been one who has been opposed to beneficiaries to use their Medicare ben- S. RES. 172 the corn ethanol mandates ever since efits. At the request of Ms. KLOBUCHAR, the they first came out. I opposed the 2007 S. 1043 name of the Senator from Maryland Energy bill because it doubled the At the request of Mr. GRAHAM, the (Mr. CARDIN) was added as a cosponsor corn-based ethanol mandates, despite name of the Senator from Oklahoma of S. Res. 172, a resolution recognizing the mounting questions surrounding (Mr. INHOFE) was added as a cosponsor the importance of cancer research and ethanol’s compatibility with existing of S. 1043, a bill to amend the Energy the contributions made by scientists engines, its environmental sustain- Independence and Security Act of 2007 and clinicians across the United States ment, as well as transportational infra- to promote energy security through who are dedicated to finding a cure for structure needs. I can remember back the production of petroleum from oil cancer, and designating May 2011, as when they first did it, all the environ- sands, and for other purposes. ‘‘National Cancer Research Month’’. mentalists were saying corn ethanol S. 1048 S. RES. 185 will be the answer. They were all for it, but they are against it now. They all At the request of Mr. BARRASSO, his At the request of Mr. CARDIN, the name was added as a cosponsor of S. names of the Senator from Oregon (Mr. recognize that corn ethanol is bad for the environment. 1048, a bill to expand sanctions imposed WYDEN), the Senator from New Hamp- Now, the three areas I personally with respect to the Islamic Republic of shire (Ms. AYOTTE), the Senator from have a problem with are, No. 1, the en- Iran, North Korea, and Syria, and for Minnesota (Ms. KLOBUCHAR) and the vironment; No. 2, you have a compat- other purposes. Senator from Nebraska (Mr. NELSON) ibility situation. You talk to any of At the request of Mr. MENENDEZ, the were added as cosponsors of S. Res. 185, the farmers, any of the marine people, name of the Senator from Nevada (Mr. a resolution reaffirming the commit- they will tell you it is very destructive HELLER) was added as a cosponsor of S. ment of the United States to a nego- to the small engines. Thirdly, everyone 1048, supra. tiated settlement of the Israeli-Pales- is concerned with the high price of fuel, tinian conflict through direct Israeli- S. 1049 with the fact that corn ethanol is not Palestinian negotiations, reaffirming At the request of Mr. KYL, the name good for your mileage. Kris Kiser of the opposition to the inclusion of Hamas in of the Senator from Wyoming (Mr. Outdoor Power Equipment Manufactur- a unity government unless it is willing ENZI) was added as a cosponsor of S. ers testified before the Environment to accept peace with Israel and re- 1049, a bill to lower health premiums and Public Works Committee on nounce violence, and declaring that and increase choice for small business. ethanol’s compatibility or lack of com- Palestinian efforts to gain recognition S. 1059 patibility with more than 200 million of a state outside direct negotiations At the request of Mr. THUNE, the legacy engines across America which demonstrates absence of a good faith names of the Senator from Arkansas are not designed to run on certain commitment to peace negotiations, (Mr. BOOZMAN), the Senator from Mis- blends of ethanol. I will quote her tes- and will have implications for contin- sissippi (Mr. WICKER), the Senator from timony before our committee. She ued United States aid. Mississippi (Mr. COCHRAN), the Senator said: At the request of Mrs. MCCASKILL, from Georgia (Mr. ISAKSON) and the her name was added as a cosponsor of In the marine industry, if your machine Senator from New Hampshire (Ms. fails or your engine fails and you are 30 miles S. Res. 185, supra. AYOTTE) were added as cosponsors of S. offshore, this is a serious problem. If you are 1059, a bill to amend the Public Health S. RES. 188 in a snow machine and it fails in the wilder- Service Act to provide liability protec- At the request of Mr. KIRK, the name ness this is a serious problem. tions for volunteer practitioners at of the Senator from Georgia (Mr. Consumers complain about the de- health centers under section 330 of such ISAKSON) was added as a cosponsor of S. creasing fuel efficiency around corn Act. Res. 188, a resolution opposing State ethanol, containing 67 percent of the bailouts by the Federal Government. Btu of gasoline. We call it clear gas. S. 1064 AMENDMENT NO. 360 This is a good time to say we are not At the request of Mr. REED, the name talking about biomass. We are only of the Senator from Delaware (Mr. At the request of Mr. LEAHY, the name of the Senator from Minnesota talking about corn ethanol. Another CARPER) was added as a cosponsor of S. problem I have in my State of Okla- 1064, a bill to make effective the pro- (Ms. KLOBUCHAR) was added as a co- homa is we are a big cattle State and posed rule of the Food and Drug Ad- sponsor of amendment No. 360 intended that has driven up the cost of feedstock ministration relating to sunscreen to be proposed to S. 990, a bill to pro- to a level that is not acceptable. Ac- drug products, and for other purposes. vide for an additional temporary extension of programs under the Small Busi- cording to the EPA, vehicles operating S. RES. 150 ness Act and the Small Business In- on E85 ethanol experience a 20-percent At the request of Mr. INHOFE, the vestment Act of 1958, and for other pur- to 30-percent drop in miles per gallon names of the Senator from Florida (Mr. poses. due to ethanol’s lower energy content. RUBIO) and the Senator from Arizona f Consumer reports found that E85 re- (Mr. KYL) were added as cosponsors of sulted in a 27-percent drop in fuel. S. Res. 150, a resolution calling for the STATEMENTS ON INTRODUCED As a result, you drive around Okla- protection of religious minority rights BILLS AND JOINT RESOLUTIONS homa—first of all, we are in Wash- and freedoms in the Arab world. By Mr. INHOFE (for himself and ington. It is my understanding there is S. RES. 162 Ms. SNOWE): no choice in Washington or Virginia or At the request of Mr. MENENDEZ, the S. 1085. A bill to amend the Clean Air in Maryland and those areas. In my names of the Senator from Hawaii (Mr. Act to define next generation biofuel, State of Oklahoma, we still have a AKAKA), the Senator from New York and to allow States the option of not choice, and the choice is very clear. (Mr. SCHUMER) and the Senator from participating in the corn ethanol por- The problem is the way this is set up, North Carolina (Mrs. HAGAN) were tions of the renewable fuel standard we will run into a barrier where they added as cosponsors of S. Res. 162, a due to conflicts with agricultural, eco- will no longer have clear gas available resolution expressing the sense of the nomic, energy, and environmental under the current formulas. For that Senate that stable and affordable hous- goals; to the Committee on Environ- reason, we have people who—at almost ing is an essential component of an ef- ment and Public Works. every station you see, the majority of fective strategy for the prevention, Mr. INHOFE. Mr. President, I have the stations you see in Oklahoma, you treatment, and care of human immuno- introduced a bill, S. 1085. I have some have signs such as this: Ethanol free. deficiency virus, and that the United cosponsors, including Senator SNOWE 100 percent gasoline. This is all over States should make a commitment to from Maine. The bill addresses some- the State of Oklahoma.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3431 There is a solution to this problem, very pleased that Senator BLUNT has gram, this bill will also allow the De- and it is one I have introduced in this joined me in introducing this legisla- partment of Education to award com- bill. Before describing that, I think the tion; he and I are both long-time sup- petitive grants to support increased op- most pressing issue of this so-called porters of the Special Olympics and portunities for inclusive participation blend wall is that EISA mandated 15 Best Buddies programs authorized in by individuals with intellectual dis- billion gallons of corn-based ethanol by this legislation. Equally importantly, abilities in sports and recreation pro- 2015, but today it is readily apparent we are continuing the bipartisan sup- grams. that the country cannot physically ab- port that this legislation has histori- I am pleased to be the chief sponsor sorb this much corn ethanol. It is too cally enjoyed. of this legislation, which will continue much, too fast. In Oklahoma, ethanol’s The Special Olympics program is re- our support for these important pro- blend wall has nearly eliminated con- spected around the world as a model grams that promote the extraordinary sumer choice. The fuel blenders and gas and leader in using sport to end the gifts and contributions of people with station owners have little option but to isolation and stigmatization of individ- intellectual disabilities as well as sell ethanol-blended gasoline, despite uals with intellectual disabilities. For broader community inclusion. strong consumer demand for clear gas. more than 40 years, Special Olympics I urge all my colleagues to join with There is the consumer demand all over has encouraged skill development, me and Senator BLUNT in supporting the State of Oklahoma. sharing, courage and confidence this very worthy bill. What is the solution? I introduced a through year-round sports training and very simple, five-page bill. The bill athletic competition for children and By Mr. KERRY (for himself, Ms. would allow individual States to opt adults with intellectual disabilities. STABENOW, Mr. BLUMENTHAL, out of the mandate. It would require Through their programs, Special Olym- and Mr. CARDIN): their State legislature wants this and pics has helped to ensure that millions S. 1088. A bill to provide increased they pass a resolution, it is signed by of individuals with intellectual disabil- funding for the reinsurance for early the governor, and they would be able to ities are assured of equal opportunities program; to the Committee on Health, opt out. The State would pass a bill. It for community participation, access to Education, Labor, and Pensions. is signed by the Governor, stating its appropriate health care, and inclusive Mr. KERRY. Mr. President, today I election to exercise this option. The education, and to experience life in a am introducing the Retiree Health Administrator of the EPA would then nondiscriminatory manner. Special Coverage Protection Act to provide an reduce the amount of the national corn Olympics gives athletes with intellec- additional $5 billion for the Early Re- ethanol mandate by the percentage tual disabilities the tools they need to tiree Reinsurance Program, EERP, to amount of the gasoline consumed by be included in society, and it gives so- allow more employers to participate in this State. ciety the understanding and tools it the program. It will also further reduce This option nonparticipation would needs to include them. the cost of retiree coverage. only apply to the corn portion of the I can speak first-hand about what a I worked with Sen. STABENOW to in- RFS and would not affect any of the rewarding experience it is for all of us clude the EERP program in the Afford- volumetric requirements of advanced who have been involved in Special able Care Act due to the erosion of em- biofuels. We are big in advanced Olympics. In 2006, my state of Iowa ployer-sponsored retiree coverage biofuels in my State of Oklahoma, the hosted the first USA National Summer across the country. The percentage of various foundations, Oklahoma State Games. Thousands of athletes, volun- large firms providing workers with re- University. We have switchgrass we are teers, coaches, and families attended tiree health coverage dropped from 66 working on, and it is something we are our Games, in addition to 30,000 fans percent in 1988 to 29 percent in 2009. all for. The bill actually redefines cel- and spectators. Ames, IA, was trans- The ERRP helps to control health lulosic biofuels as next generation formed into an Olympic Village, and it care costs and preserve coverage for biofuel. The previously defined cellu- was thrilling to experience. early retirees and their families and losic biofuel carveout is expanded to Similarly, the Best Buddies program has been remarkably successful in include algae and any nonethanol re- is dedicated to ending the social isola- making retiree health insurance cov- newable fuel derived from renewable tion of people with intellectual disabil- erage more stable and affordable. biomass. So this is something that is ities by promoting peer support and Employers who participate in the not going to be incompatible. It is friendships with their peers without program can receive a reinsurance re- going to be very compatible with our disabilities. The aim is to increase the imbursement of up to 80 percent of cat- interest here. So for those people who self-esteem, confidence and abilities of astrophic medical claims between say: We demand to have corn-based people with and without intellectual $15,000 and $90,000 for their early retiree ethanol, you can have it. All this is is disabilities. Equally important, the enrollees. The reimbursement is used choice, and if we and the people of my Best Buddies program has provided op- to reduce the employer’s health care State of Oklahoma want a choice of portunities for integrated employment costs and to lower premiums to retir- clear gas or corn ethanol, they should for individuals with intellectual dis- ees and their families. A study from be able to do it. I honestly don’t think abilities. Hewitt Associates estimates that the there is a legitimate argument against Research shows that participation in program will reduce the cost of retiree that. I plan to try to get some cospon- activities involving both people with coverage from 25 to 35 percent, any- sors. I think my good friend from Flor- intellectual disabilities and people where from $2,000 to $3,000 per retiree, ida might be interested in cosponsoring without disabilities results in more per year. something such as this because this positive support for inclusion in soci- The program has garnered robust gives choice to the people of his State ety, including in schools. participation among a wide range of re- as well as my State. This bill is named in honor of Eunice tiree health plan sponsors from all Kennedy Shriver, who devoted her life major sectors of our economy. Earlier By Mr. HARKIN (for himself and to improving the lives of people with this month, it was announced that 5,515 Mr. BLUNT): intellectual disabilities around the plan sponsors have been approved to S. 1086. A bill to reauthorize the Spe- world. Mrs. Shriver founded and fos- participate in the program and nearly cial Olympics Sport and Empowerment tered the development of Special Olym- $2.5 billion reinsurance reimburse- Act of 2004, to provide assistance to pics and Best Buddies, both of which ments have been paid to 1,728 partici- Best Buddies to support the expansion celebrate the possibilities of a world pating retiree plans. and development of mentoring pro- where all people, including those with The ERRP has been so successful grams, and for other purposes; to the disabilities, have meaningful opportu- that the Centers for Medicare and Med- Committee on Health, Education, nities for participation and inclusion. icaid Services, CMS, announced it Labor, and Pensions. In addition to reauthorizing the could no longer accept applications for Mr. HARKIN. Mr. President, I have former Special Olympics Sports and the program after May 6 because the come to the floor, today, to introduce Empowerment Act and providing an overwhelming response would exhaust the Eunice Kennedy Shriver Act. I am authorization for the Best Buddies pro- the $5 billion in appropriated program

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3432 CONGRESSIONAL RECORD — SENATE May 26, 2011 funding. Until additional insurance riod. These firms are therefore re- suring timely access to high quality health market reforms are enacted in 2014, we warded for the number of veterans they care for such veterans. should build on the demonstrated suc- sign up, not for the quality of treat- (8) The top priorities for CBOCs should be to provide quality health care and patient cess of ERRP. ment provided to our veterans. While I satisfaction for America’s veterans. Senator STABENOW, Senator am not opposed to capitation per se, I (9) The Department of Veterans Affairs BLUMENTHAL, and I are working to- am concerned current VA policy pro- currently tracks the quality of patient care gether to preserve insurance coverage vides contractors with the wrong in- through its Computerized Patient Record for millions of retirees who rely on on centives. Contracted health care pro- System. However, fees paid to contractors health coverage through their former viders should have incentives to pro- are not currently adjusted automatically to employers before they become eligible vide the best possible care for veterans, reflect the quality of care provided to pa- for Medicare. That is why we are intro- not simply get as many veterans as tients. (10) A pay-for-performance payment model ducing legislation, the Retiree Health possible through their doors. offers a promising approach to health care Coverage Protection Act, to provide an As a result of the capitated system, delivery by aligning the payment of fees to additional $5 billion in ERRP funding. it has been reported that too many of contractors with the achievement of better This additional funding could be used our nation’s heroes have faced difficul- health outcomes for patients. to allow more employers to participate ties at these clinics in scheduling ap- (11) The Department of Veterans Affairs in the program and to further reduce pointments, have suffered from neglect should begin to emphasize pay-for-perform- the cost of retiree coverage. or have received substandard health ance in its contracts with CBOCs. SEC. 3. PAY-FOR-PERFORMANCE UNDER DEPART- Over 180 employers who offer retiree care. This occurred under the last ad- MENT OF VETERANS AFFAIRS CON- health benefits in Massachusetts have ministration and I am concerned it TRACTS WITH COMMUNITY-BASED taken advantage of this program. may be continuing in the current one. OUTPATIENT HEALTH CARE CLIN- These public and private sector em- As such, I am reintroducing the Vet- ICS. erans Health Care Improvement Act, (a) PLAN REQUIRED.—Not later than one ployers in the Commonwealth rep- year after the date of the enactment of this resent various entities, including: city which attempts to fix the way VA-con- Act, the Secretary of Veterans Affairs shall governments, hospitals, colleges, and tracted health care providers are com- submit to Congress a plan to introduce pay- financial service institutions. pensated at clinics. This bill would re- for-performance measures into contracts I would like to thank a number of or- quire the VA to begin to introduce a which compensate contractors of the Depart- ganizations who have been integral to pay-for-performance compensation ment of Veterans Affairs for the provision of the development of the Retiree Health plan for contractors, thereby gradually health care services through community- based outpatient clinics (CBOCs). Coverage Protection Act and who have incentivizing a higher quality of care (b) ELEMENTS.—The plan required by sub- endorsed our legislation today, includ- for veterans seen at privately-adminis- section (a) shall include the following: ing the American Federation of Labor tered community-based outpatient (1) Measures to ensure that contracts of and Congress of Industrial Organiza- clinics. the Department for the provision of health tions, AFL–CIO, the Alliance for Re- This bill gives the VA the flexibility care services through CBOCs begin to utilize tired Americans, the American Federa- to begin to implement such a system pay-for-performance compensation mecha- tion of State, County, and Municipal through a pilot program and leaves the nisms for compensating contractors for the VA the discretion as to how to adopt provision of such services through such clin- Employees, AFSCME, Families USA, ics, including mechanisms as follows: the International Union, United Auto- and best implement the pay-for-per- (A) To provide incentives for clinics that mobile, Aerospace & Agricultural Im- formance standards. In this respect, provide high-quality health care. plement Workers of America, UAW, the bill defers to the VA on how best to (B) To provide incentives to better assure and the National Education Associa- execute these changes. It is my hope patient satisfaction. tion, NEA. that my colleagues will support this (C) To impose penalties (including termi- I look forward to working with my measure. nation of contract) for clinics that provide substandard care. colleagues in the Senate to protect and Mr. President, I ask unanimous consent that the text of the bill be printed (2) Mechanisms to collect and evaluate stabilize retiree health coverage by en- data on the outcomes of the services gen- suring the ERRP has adequate funding. in the RECORD. erally provided by CBOCs in order to provide I ask my colleagues to cosponsor this There being no objection, the text of for an assessment of the quality of health important legislation. the bill was ordered to be printed in care provided by such clinics. the RECORD, as follows: (3) Mechanisms to eliminate abuses in the By Mr. MCCONNELL: S. 1089 provision of health care services by CBOCs S. 1089. A bill to provide for the in- Be it enacted by the Senate and House of Rep- under contracts that continue to utilize troduction of pay-for-performance resentatives of the United States of America in capitated-basis compensation mechanisms Congress assembled, for compensating contractors. compensation mechanisms into con- (4) Mechanisms to ensure that veterans are SECTION 1. SHORT TITLE. tracts of the Department of Veterans not denied care or face undue delays in re- This Act may be cited as the ‘‘Veterans Affairs with community-based out- ceiving care. Health Care Improvement Act of 2011’’. patient clinics for the provision of (c) IMPLEMENTATION.—The Secretary shall health care services, and for other pur- SEC. 2. FINDINGS. commence the implementation of the plan Congress makes the following findings: required by subsection (a) unless Congress poses; to the Committee on Veterans’ (1) Veterans of the Armed Forces have Affairs. enacts an Act, not later than 60 days after made tremendous sacrifices in the defense of the date of the submittal of the plan, prohib- Mr. MCCONNELL. Mr. President, I freedom and liberty. iting or modifying implementation of the rise today to introduce the Veterans (2) Congress recognizes these great sac- plan. In implementing the plan, the Sec- Health Care Improvement Act of 2011. rifices and reaffirms America’s strong com- retary may initially carry out one or more As we all know, the Department of mitment to its veterans. pilot programs to assess the feasability and Veterans Affairs strives to provide the (3) As part of the on-going congressional advisability of mechanisms under the plan. best possible health care for our na- effort to recognize the sacrifices made by (d) REPORTS.—Not later than 180 days after the date of the enactment of this Act and tion’s heroes. However, it has come to America’s veterans, Congress has dramatically increased funding for the Department every 180 days thereafter, the Secretary shall my attention that the quality of care of Veterans Affairs for veterans health care submit to Congress a report setting forth the provided to our nation’s veterans rein the years since September 11, 2001. recommendations of the Secretary as to the mains inconsistent among community- (4) Part of the funding for the Department feasability and advisability of utilizing pay- based outpatient clinics. Some of these of Veterans Affairs for veterans health care for-performance compensation mechanisms clinics are operated by private health is allocated toward community-based out- in the provision of health care services by care providers under VA contracts. patient clinics (CBOCs). the Department by means in addition to CBOCs. These VA-contracted health care pro- (5) Many CBOCs are administered by pri- viders are compensated for their work vate contractors. (6) CBOCs administered by private contrac- By Mr. UDALL of Colorado: at community-based outpatient clinics tors operate on a capitated basis. S. 1093. A bill to amend the Internal on a capitated basis, which means they (7) Some current contracts for CBOCs may Revenue Code of 1986 to provide that are essentially paid based on how many create an incentive for contractors to sign solar energy property need not be lo- new veterans they see during a pay pe- up as many veterans as possible, without en- cated on the property with respect to

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3433 which it is generating electricity in adopting solar energy, opens up new dwelling, so long as any such displacement order to qualify for the residential en- markets, and creates a simple struc- from such property occurs not more than 50 ergy efficient property credit; to the ture to allow people to utilize clean en- miles from such dwelling unit, Committee on Finance. ergy for their home. but only if such property is not used in a Mr. UDALL of Colorado. Mr. Presi- Mr. Presdient, I ask unanimous con- trade or business of the taxpayer or in an ac- dent, I rise to speak about a bill that is sent that the text of the bill be printed tivity with respect to which a deduction is allowed to the taxpayer under section 162 or born from the forward-thinking ideas in the RECORD. paragraph (1) or (2) of section 212. of my constituents, a bill that will help There being no objection, the text of ‘‘(ii) RECAPTURE.—The Secretary may pro- spur our Nation’s new energy economy the bill was ordered to be printed in vide for the recapture of the credit under and create jobs: the Solar Uniting the RECORD, as follows: this subsection with respect to any property Neighborhoods Act, or SUN Act. S. 1093 described in clause (i) which ceases to satisfy Over the last three years, I have been Be it enacted by the Senate and House of Rep- the requirements of such clause.’’. travelling across Colorado as part of a resentatives of the United States of America in (b) LIMITATION WITH RESPECT TO OFF-SITE work force tour to talk directly to Congress assembled, SOLAR PROPERTY.—Paragraph (3) of section Coloradans and hear their innovative SECTION 1. SHORT TITLE. 25D(b) of the Internal Revenue Code of 1986, as added by section 2, is amended to read as policy ideas to create jobs. The SUN This Act may be cited as the ‘‘Solar Unit- ing Neighborhoods (SUN) Act of 2011’’. follows: Act comes directly from visiting with ‘‘(3) MAXIMUM CREDIT FOR OFF-SITE SOLAR Coloradans. SEC. 2. CLARIFICATION WITH RESPECT TO LOCA- TION OF SOLAR ELECTRIC PROP- PROPERTY.—In the case of— This bill will help bring common- ERTY. ‘‘(A) any qualified solar electric property sense to our tax code, get government (a) IN GENERAL.—Paragraph (2) of section expenditure which is such an expenditure by out of the way of developing solar en- 25D(d) of the Internal Revenue Code of 1986 is reason of clause (ii) of subsection (d)(2)(A), ergy, and spur job growth in every amended to read as follows: and community across the United States. ‘‘(2) QUALIFIED SOLAR ELECTRIC PROPERTY ‘‘(B) any qualified solar water heating I installed solar panels on my own EXPENDITURE.— property expenditure which is such an ex- ‘‘(A) IN GENERAL.—The term ‘qualified penditure by reason of subparagraph (B) of home several years ago to take advan- subsection (d)(1), tage of the strong Colorado sun. How- solar electric property expenditure’ means an expenditure for property which uses solar the credit allowed under subsection (a) (de- ever, I understand this option is not energy to generate electricity— termined without regard to subsection (c)) available for all American families who ‘‘(i) for use in a dwelling unit located in for any taxable year with respect to all such want to receive their home’s energy the United States and used as a residence by expenditures shall not exceed $50,000.’’. needs from solar power. There can be the taxpayer, or (c) EFFECTIVE DATE.—The amendments difficulties attaching solar panels to ‘‘(ii) which enters the electrical grid at any made by this section shall apply to taxable your home, which is why more and point which is not more than 50 miles from years beginning after the date of the enact- more neighborhoods and towns are cre- the point at which such a dwelling unit used ment of this Act. ating so called ‘‘community solar’’ as a residence by the taxpayer is connected SEC. 4. EXCLUSION OF INCOME FROM QUALI- to such grid, but only if such property is not FYING SALES. projects. used in a trade or business of the taxpayer or Instead of affixing solar panels to (a) IN GENERAL.—Part III of subchapter B in an activity with respect to which a deduc- of chapter 1 is amended by inserting before every roof on the block, an increasing tion is allowed to the taxpayer under section section 140 the following new section: number of Americans have decided to 162 or paragraph (1) or (2) of section 212. ‘‘SEC. 139F. INCOME FROM QUALIFYING SALES OF place those same solar panels all to- ‘‘(B) RECAPTURE.—The Secretary may pro- SOLAR ELECTRICITY. gether in one open and unobstructed vide for the recapture of the credit under ‘‘For any taxable year, gross income of any sunny area near their homes. By group- this subsection with respect to any property person shall not include any gain from the ing solar panels together, it reduces described in clause (ii) of subparagraph (A) sale or exchange to the electrical grid during which ceases to satisfy the requirements of the cost by up to 30 percent compared such taxable year of electricity which is gen- such clause.’’. erated by property with respect to which any to installing each panel on every roof (b) LIMITATION WITH RESPECT TO OFF-SITE qualified solar electric property expenditures separately. Whether used by neighbors SOLAR PROPERTY.—Subsection (b) of section are eligible to be taken into account under living at the end of a cul-de-sac or de- 25D of the Internal Revenue Code of 1986 is section 25D, but only to the extent such gain amended by adding at the end the following veloped by our rural energy coopera- does not exceed the value of the electricity new paragraph: tives, creating these group solar used at such residence during such taxable ‘‘(3) MAXIMUM CREDIT FOR OFF-SITE SOLAR projects to share energy is a great way year.’’. PROPERTY.—In the case of any qualified solar to lower the cost of developing solar (b) TECHNICAL AMENDMENT.—The Internal electric property expenditure which is such Revenue Code of 1986 is amended by redesig- energy. an expenditure by reason of clause (ii) of sub- nating the section added to such Code by sec- But there is a problem: our tax code section (d)(2)(A), the credit allowed under tion 10108(f) of the Patient Protection and is getting in the way. It discourages subsection (a) (determined without regard to Affordable Care Act as section 139E, and by neighborhood solar projects by requir- subsection (c)) for any taxable year with relocating such section immediately after sec- spect to all such expenditures shall not ex- ing that solar panels must actually be tion 139D of such Code (as added by section ceed $50,000.’’. on your property instead of allowing 9021(a) of such Act) and immediately before (c) EFFECTIVE DATE.—The amendments neighbors and others to partner on section 139F of such Code (as added by this made by this section shall apply to taxable community solar projects. This dis- section). years beginning after the date of the enact- courages innovation and slows the ment of this Act. (c) CLERICAL AMENDMENT.—The table of growth of solar power as an alternate sections for part III of subchapter B of chap- SEC. 3. CLARIFICATION WITH RESPECT TO LOCA- ter 1 of such Code is amended by striking all energy source. TION OF SOLAR WATER HEATING The SUN Act would make a small PROPERTY. that follows after the item relating to sec- change to the tax code that would no (a) IN GENERAL.—Section 25D(d)(1) of the tion 139C and inserting the following items: longer constrain this innovative solar Internal Revenue Code of 1986 is amended— ‘‘Sec. 139D. Indian health care benefits. energy development. By eliminating (1) by striking ‘‘The term’’ and inserting ‘‘Sec. 139E. Free choice vouchers. the following: the requirement that solar panels be on ‘‘Sec. 139F. Income from qualifying sales of ‘‘(A) IN GENERAL.—The term’’, and solar electricity. one individual’s property, it allows (2) by adding at the end the following new ‘‘Sec. 140. Cross references to other Acts.’’. Americans to work together on com- subparagraph: (d) EFFECTIVE DATE.—The amendments munity projects where each individual ‘‘(B) OFF-SITE PROPERTY.— made by this section shall apply to taxable can claim a tax credit. This simple so- ‘‘(i) IN GENERAL.—Such term shall include years beginning after the date of the enact- lution makes it easier to adopt and use an expenditure for property described in sub- ment of this Act. clean, renewable energy. paragraph (A) notwithstanding— What excites me about this bill is ‘‘(I) whether such property is located on By Mrs. BOXER (for herself, Ms. the same site as the dwelling unit for which that it will create jobs for Americans COLLINS, Mr. KOHL, and Mr. the energy generated from such property is in every neighborhood where these used, and SANDERS): community solar projects are devel- ‘‘(II) whether the energy generated by such S. 1095. A bill to include geriatrics oped. This bill reduces barriers that property displaces the energy used to heat and gerontology in the definition of currently prevent Americans from the water load or space heating load for the ‘‘primary health services’’ under the

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3434 CONGRESSIONAL RECORD — SENATE May 26, 2011 National Health Service Corps pro- ture. This legislation offers a modest men over the age of 50 will fracture a gram; to the Committee on Health, but important step toward creating the bone due to osteoporosis. Amazingly, a Education, Labor, and Pensions. future health care workforce that our woman’s risk of an osteoporotic frac- Mrs. BOXER. Mr. President, as we Nation so urgently needs. ture is greater than her annual com- recognize Older Americans Month this I look forward to working with my bined incidence of breast cancer, heart May it is important that we commit to colleagues to ensure that we meet our attack, and stroke, making access and meeting the needs of older Americans obligations to the seniors of our Nation affordability absolutely imperative. to live longer and healthier lives. to improve their care. I want to stress to my colleagues Our aging population is expected to that while there is no cure for almost double in number, from 37 mil- By Ms. SNOWE (for herself, Ms. osteoporosis, it is largely preventable lion people in 2009 to about 72 million STABENOW, Ms. MIKULSKI, Mr. and thousands of fractures could be by 2030. We must start now if we are CARDIN, and Mr. WICKER): avoided through early detection and going to adequately train the health S. 1096. A bill to amend title XVIII of treatment of low bone mass. New drug care workforce to meet the needs of an the Social Security Act to improve ac- therapies have been proven to reduce aging America. If we fail to prepare, cess to, and utilization of, bone mass fractures and to rebuild bone mass. At our Nation will face a crisis in pro- measurement benefits under the Medi- the same time, a bone mass measure- viding care to these older Americans. care part B program by extending the ment is necessary prior to initiating Health care providers with the nec- minimum payment amount for bone any form of osteoporosis therapy or essary training to give older Americans mass measurement under such program prophylaxis. the best care are in critically short through 2013; to the Committee on Fi- Bone mass measurements can be used supply. In its landmark report, Retool- nance. to determine the status of a person’s ing for an Aging America, the Institute Ms. SNOWE. Mr. President, I rise bone health and to predict the risk of of Medicine concluded that action today to join with Senator STABENOW future fractures. These tests are safe, must be taken immediately to address of Michigan to introduce The Preserva- painless, accurate, and quick. DXA, the severe workforce shortages in the tion of Access to Osteoporosis Testing dual energy x-ray absorptiometry, is care of older adults. for Medicare Beneficiaries Act of 2011. recognized by the World Health Organi- According to the Institute of Medi- The companion bill in the U.S. House zation, the U.S. Surgeon General, and cine, in 2009 only about 7,100 U.S. phy- of Representatives is being introduced the Centers for Medicare and Medicaid sicians were certified geriatricians; by Representative MICHAEL BURGESS Services as the ‘‘gold standard’’ for di- 36,000 are needed by 2030. In addition, with Representative SHELLEY BERKLEY. agnosing osteoporosis. just 4 percent of social workers and Since 1997, Congress has recognized A technique called vertebral fracture only 3 percent of advanced practice the necessity of osteoporosis preven- assessment or VFA can identify spinal nurses specialized in geriatrics in 2009. tion by standardizing coverage for bone fractures and show abnormally shaped Recruitment and retention of direct mass measurement under the Medicare vertebra. Bone density screenings have care workers is also a looming crisis program. At that time, I actively pur- been shown to result in 37 percent re- due to low wages and few benefits, lack sued inclusion of the language in the duction in hip fracture rates according of career advancement, and inadequate Medicare Bone Mass Measurement to a 2008 study by Kaiser in Southern training. Standardization bill as part of the Bal- California. Reimbursement under the Preparing our workforce for the job anced Budget Act of 1997. Later, with Medicare program for DXA screening is of caring for older Americans is an es- the passage of health care reform legis- scheduled to be reduced by 62 percent sential part of ensuring the future lation, Congress enacted a temporary by 2013 and VFA will be reduced by 30 health of our nation. Right now, there solution to the problem caused by percent by 2013. The reduction in Medi- is a critical shortage of health care Medicare cuts in reimbursement rates care reimbursement will almost cer- providers with the necessary training for osteoporosis screening tests tainly discourage physicians from con- and skills to provide our seniors with through bone mass measurements. The tinuing to provide convenient access to the best possible care. This is a tre- osteoporosis screening provision in the DXA screening or VFA in their offices. mendously important issue for Amer- Patient Protection and Affordable Care Since 2⁄3 of all DXA scans are per- ican families who are concerned about Act returned the Medicare reimburse- formed in non-facility settings, such as quality of care and quality of life for ment level to 70 percent of the 2006 physician offices, patient access to their older relatives and friends. Medicare reimbursement rate. bone mass measurement will continue It is clear that there is a need for fed- Regrettably, this provision will ex- to be severely compromised if DXA eral action to address these issues, and pire at the end of the calendar year. scans are not readily available to all that is why I am joined today by Sen- For Medicare beneficiaries, this sunset patients. Our bill would renew the cur- ators COLLINS, KOHL and SANDERS in means that access to osteoporosis diag- rent Medicare levels for reimbursement reintroducing the Caring for an Aging nosis, prevention, and treatment will relief to preserve access to DXA America Act. This legislation would once again be in jeopardy as Medicare screenings, improve patient care, and help attract and retain trained health reimbursement rates for osteoporosis prevent unnecessary costs to the Medi- care professionals and direct care screening will plummet by about 50 care program through reduced expendi- workers dedicated to providing quality percent on January 1, 2012. Moreover, tures on fractures. care to the growing population of older without adequate Medicare reimburse- Osteoporosis, which is responsible for Americans by providing them with ment rates, we most certainly risk los- more than two million fractures annu- loan forgiveness and career advance- ing the battle for improving access to ally, is a silent disease that often goes ment opportunities through the Na- bone density testing as well as pre- undetected until a fall or an injury re- tional Health Service Corps. venting debilitating and costly bone sults in a broken bone. Our senior pop- Specifically, for health professionals fractures—an outcome we can ill af- ulation is at greatest risk, with 89 per- with training in geriatrics or geron- ford. cent of fracture costs attributed to in- tology—including physicians, physi- A disease of reduced bone mass that dividuals who are 65 years of age or cian assistants, advance practice ultimately results in bones becoming older. Perhaps the most tragic con- nurses, social workers, and psycholo- brittle and fracturing more easily, sequences occur with elderly individ- gists—the legislation would link edu- osteoporosis constitutes a major public uals who fall and suffer osteoporotic cational loan repayment to a commit- health threat, affecting 44 million hip fractures. ment to serve in areas with a shortage Americans who either have the disease Of those senior citizens suffering hip of these important health profes- or are at risk for developing it due to fractures, 12–13 percent will die within sionals. low bone density. Osteoporosis is espe- 6 months following the injury and 20 Ensuring we have a well-trained cially prevalent among women, who percent will require nursing home care health care workforce with the skills represent an incredible 71 percent of all . . . often for the rest of their lives. to care for our aging population is a cases. In fact, in their lifetime, one in Moreover, the Medicaid budget bears critical investment in America’s fu- two women and as many as one in four the cost of nursing home admissions

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3435 for hip fractures for low-income Ameri- good can come from linking political sponsibility of bidders from including cans. In general, osteoporotic fractures information to a process which must be political information, except for infor- result in an estimated annual cost of grounded solely and unequivocally on mation on contractors’ violations al- $19 billion to our health care system. providing the very best value to Amer- ready permitted by law. I remain hopeful that one day re- ican taxpayers? Whether or not a prospective con- searchers will discover a cure for this The trust of the American people in tractor agrees with the political views silent and debilitating disease. In the the integrity of our Federal contract of this or any other administration meantime, early detection continues to award process depends on ensuring that should be completely irrelevant. be our best weapon against the government’s ‘‘best value’’ deter- Businesses that have supported con- osteoporosis, because it is through mination is free from political bias. It servative causes or whose directors early detection that we can best is unfathomable that this administra- have contributed to Republican can- thwart the progress of osteoporosis by tion would even consider a move that didates should not have to fear that initiating preventive measures to com- would inject politics into the process, bidding for Federal work would be a bat bone loss. or create a perception that politics is waste of their effort. Similarly, in the next Republican ad- Continuing our current Medicare re- something to be considered in selecting ministration, contributors to Demo- imbursement rate for osteoporosis the winners and losers among busi- cratic causes and candidates should not screening tests satisfies the triple aim nesses vying for Federal contracts. be intimidated from competing for con- of better care, improved health, and In addition to threatening the integ- tracts. The result of such consider- lower costs. I hope that our colleagues rity of the procurement process, the ations would be less competition for TABENOW draft Executive Order would also chill will join Senator S and me in Federal contracts and thus higher the First Amendment rights of individ- supporting this bill. prices for goods and services procured uals to contribute to the political By Ms. COLLINS (for herself, Mr. by the Federal Government. causes or candidates they choose. The President and the Federal con- MCCONNELL, Mr. KYL, Mr. AL- Were the President to issue such an tracting system must not discourage EXANDER, Mr. PORTMAN, Mr. order, undoubtedly we would see a businesses from competing for govern- BROWN of Massachusetts, Mr. chilling effect on political activity. ment contracts. At a time when the JOHNSON of Wisconsin, Mr. Many contractors would fear that the budget is under severe constraints, the MORAN, Mr. HATCH, Mr. GRASS- success or viability of their business administration should be seeking to ex- LEY, Mr. ENZI, Mr. CORNYN, Mr. could be threatened if they support the pand the pool of bidders, not shrink it. BURR, Mr. ISAKSON, Mr. VITTER, causes or candidates opposed by the ad- In April, 27 Senators wrote to the Mr. THUNE, Mr. BARRASSO, Mr. ministration. President to express our opposition to WICKER, Mr. JOHANNS, Mr. If the collection of such data were re- this ill-conceived proposal. We pointed COATS, Ms. AYOTTE, and Mr. quired, American businesses would be out that ‘‘political activity would obvi- BLUNT) forced to think twice before contrib- ously be chilled if prospective contrac- S. 1100. A bill to amend title 41, uting to political candidates or causes. tors have to fear that their livelihood United States Code, to prohibit insert- In true Orwellian fashion, the draft could be threatened if the causes they ing politics into the Federal acquisi- executive order suggests that the only support are disfavored by the Adminis- tion process by prohibiting the submis- way to keep politics out of the con- tration. No White House should be able sion of political contribution informa- tracting process is to include political to review your political party affili- tion as a condition of receiving a Fed- information with every contract offer. ation or the causes you support before eral contract; to the Committee on If the White House gets its way, Fed- deciding if you are worthy of a govern- Homeland Security and Governmental eral agencies would have to collect in- ment contract. And no American Affairs. formation about the campaign con- should have to worry about whether his Ms. COLLINS. Mr. President, I rise tributions and other political expendi- or her political activities or support today to introduce the Keeping Politics tures of potential contractors before will affect the ability to get or keep a Out of Federal Contracting Act of 2011. any contract could be awarded. federal contract * * *’’ This bill would prohibit Federal agen- This EO would be far reaching and I also joined three other colleagues in cies from collecting or using informa- would apply not only to contributions a bipartisan letter to the President in tion about political contributions made made by the contracting company but May stressing the Executive Order’s by businesses or individuals that seek also to those made by its directors, of- impact on the Federal contracting to do business with the Federal Gov- ficers, and affiliates. process and the already stretched-thin ernment. My bill would keep politics These requirements would also apply Federal acquisition workforce. out of Federal contracting. retroactively to contributions made I have not received a response to ei- I am pleased to be joined in this ef- two years before the submission of an ther letter. fort by Minority Leader MITCH MCCON- offer. Just think about—political dona- It simply doesn’t pass the straight face test for this administration to NELL, Republican Whip JON KYL, Rules tions made years before a contract is suggest that this dramatic change in Committee Ranking Member LAMAR even contemplated would have to be federal contracting is needed to remove ALEXANDER, Subcommittee on Con- shared with government officials. tracting Oversight Ranking Member By contrast, my bill reaffirms the politics from the contracting process. In fact, even the administration’s chief ROB PORTMAN, as well as our colleagues fundamental principle that federal con- procurement official recently admitted Senators SCOTT BROWN, RON JOHNSON, tracts should be awarded free from po- at a House hearing that there was no JERRY MORAN, ORRIN HATCH, CHUCK litical considerations and be based on evidence of any problem of political GRASSLEY, MIKE ENZI, JOHN CORNYN, the best value to the taxpayers. Spe- corruption in the contracting process RICHARD BURR, JOHNNY ISAKSON, DAVID cifically, the bill would prohibit a Fed- that would warrant correction with VITTER, JOHN THUNE, JOHN BARRASSO, eral agency from collecting the polit- this type of new Executive Order. ROGER WICKER, MIKE JOHANNS, DAN ical information of contractors and The reality is just the opposite: re- COATS, ROY BLUNT, and KELLY AYOTTE. their employees as part of any type of quiring disclosure of one’s political ac- We learned in April that the Obama request for proposal in anticipation of tivities and leanings as part of that administration was seriously consid- any type of contract. process would likely ensure that poli- ering requiring Federal agencies to col- It would prohibit the agency from tics would play a role in the award of lect information about campaign con- using political information received federal contracts. tributions by companies, some of their from any source as a factor in the If more transparency is truly the employees, and even their directors as source selection decision process for goal, why don’t these requirements a condition of competing for Federal new contracts, or in making decisions also apply to organizations receiving contracts. This is simply shocking. It related to modifications or extensions Federal grants? amounts to intentionally injecting po- of existing contracts; and prohibit In fact, campaign contributions to litical considerations into the Federal databases designed to be used by con- candidates and political committees al- contracting process. What possible tracting officers to determine the re- ready are required to be reported to the

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3436 CONGRESSIONAL RECORD — SENATE May 26, 2011 Federal Election Commission, and with SEC. 2. PROVIDER TAX RULE EXEMPTION FOR rates and fees that can be as onerous as a click of a mouse, can be viewed on CERTAIN CONTINUING CARE RE- credit cards. There are reports of pri- TIREMENT COMMUNITIES. FEC.gov. In the case of a State that has a provider vate loans with variable interest rates Americans should get the best value tax that does not apply to continuing care reaching 18 percent. Unlike Federal in the marketplace and not a partisan retirement communities or life care commu- student loans, there are few consumer policy that stifles First Amendment nities (as such terms are used for purposes of protections available for private stu- rights, politicizes the contracting proc- section 1917(g) of the Social Security Act (42 dent loans. Some students who take ess, and reduces competition in Federal U.S.C. 1396p(g)) that have no beds that are out private loans find themselves certified to provide medical assistance (as contracting. I am pleased to note that trapped under an enormous amount of such term is defined under section 1905(a) of debt that they cannot escape. Because my colleagues in the House of Rep- such Act) under title XIX of the Social Secu- resentatives, Representatives DARRELL rity Act or that do not provide services for of a 2005 change to the bankruptcy law, ISSA, TOM COLE, and SAM GRAVES which payment may be made under title XIX they are stuck with this debt for the agree. Today they have introduced an of the Social Security Act, the Secretary of rest of their lives. identical measure in that chamber. Health and Human Services shall approve a Today, along with Senator FRANKEN And last night, the House adopted an waiver under section 433.68(e)(2)(iii) of title and Senator WHITEHOUSE, I am intro- amendment to the defense authoriza- 42 of the Code of Federal Regulations regard- ducing a bill that will restore fairness less of whether the Secretary determines tion bill that would prohibit Federal for these students and others who find that the State satisfies the requirements of themselves buried in private student agencies from requiring contractors to section 433.68(e)(2)(iii)(B) of such title. reveal contributions to political cam- loan debt. Our bill, the Fairness for paigns. By Mr. DURBIN (for himself, Mr. Struggling Students Act, will allow borrowers of private student loans to Keep politics out of Federal con- FRANKEN, and Mr. WHITEHOUSE): discharge those loans in bankruptcy, tracting. I urge my colleagues to sup- S. 1102. A bill to amend title 11, just as other types of private debt can port this bill. United States Code, with respect to certain exceptions to discharge in be discharged. Representatives COHEN By Mr. BOOZMAN (for himself bankruptcy; to the Committee on the and DAVIS are introducing a similar bill in the House. and Mr. PRYOR): Judiciary. Before 2005, private student loans S. 1101. A bill to require the Sec- Mr. DURBIN. Mr. President, over the past year, students in Illinois have told issued by for-profit lenders were appro- retary of Health and Human Services priately treated like credit card debt to approve waives under the Medicaid me their stories of leaving some for- profit colleges with mountains of stu- and other similar types of unsecured Program under title XIX of the Social consumer debt in bankruptcy. In 2005, a Security Act that are related to State dent loan debt and no job prospects. The students who find themselves in provision was added to law to protect provider taxes that exempt certain re- the investments of private lenders that this terrible situation often end up de- tirement communities; to the Com- extend private credit to students. The faulting on their loans. One quarter of mittee on Finance. industry has boomed over the past dec- students who took out Federal loans to Mr. BOOZMAN. Mr. President, it has ade. Private student loan volume last attend for-profit colleges defaulted been brought to my attention that cer- year was $8.5 billion. tain Continuing Care Retirement Com- within three years of starting repay- Today, I am pleased to introduce a munities and Life Care Communities ment. Compare that to 11 percent at bill that will give students who find are required to pay a provider tax de- public colleges and 8 percent at private themselves in dire financial straits a spite the fact that they provide no beds nonprofit colleges. chance at a new beginning. My bill re- The situation for students who take and no services that are certified under stores the bankruptcy law, as it per- the Medicaid program. Thus, these fa- out private student loans to attend for- tains to private student loans, to the cilities are paying a tax and receiving profit schools can be even worse. A statute in place before the law was no benefit. The Department of Health study by the College Board found that amended in 2005. Under this legislation, and Human Services currently provides students at for-profit schools, unable privately issued student loans will once a waiver for this fee, but the approval to get enough government aid to pay again be dischargeable in bankruptcy. for the waiver is not a foregone conclu- their tuition turn to private loans The bankruptcy law was designed to sion. This is costly to those commu- much more than students at tradi- give debtors in severe financial distress nities who provide for themselves and tional schools. a chance for meaningful relief. The Many large for-profit colleges have who do not depend on government pro- current bankruptcy law unjustly pun- begun making loans directly to their grams at all. For these reasons, Sen- ishes men and women who have tried students. This private lending can be a ator MARK PRYOR and I are introducing to improve their lives by pursuing a boon for the schools. It keeps students this legislation requiring the Secretary higher education and all too often be- in school. It helps the college meet its of Health and Human Services to ap- came victims of predatory private stu- ‘‘90/10’’ requirement, which keeps the prove waivers sought by states in rela- dent lenders or predatory for-profit col- student aid flowing. leges. It is time to restore fairness for tion to Continuing Care Retirement Disturbingly, some of the for-profit Communities and Life Care Commu- student borrowers. I urge my col- colleges making these loans do not ex- leagues to support this bill. nities which have no beds that are cer- pect to collect them easily. Corinthian tified to provide medical assistance Mr. President, I ask unanimous con- Colleges Executive Vice President and sent that the text of the bill be printed under title XIX of the Social Security Chief Financial Officer Ken Ord stated Act or that do not provide services for in the RECORD. in the February 2010 investor call that There being no objection, the text of which payment may be made under they anticipate a 56 percent to 58 per- title XIX of the Social Security Act. the bill was ordered to be printed in cent default rate on an estimated $150 the RECORD, as follows: Mr. President, I ask unanimous con- million in internal student lending. sent that the text of the bill be printed S. 1102 Just last month, Ken Ord stated that Be it enacted by the Senate and House of Rep- in the RECORD. Corinthian Colleges will seek to nearly resentatives of the United States of America in There being no objection, the text of double this loan volume. Congress assembled, the bill was ordered to be printed in For-profit colleges like Corinthian SECTION 1. SHORT TITLE. the RECORD, as follows: are making private loans to students This Act may be cited as the ‘‘Fairness for S. 1101 knowing that a majority of the stu- Struggling Students Act of 2011’’. SEC. 2. EXCEPTIONS TO DISCHARGE. Be it enacted by the Senate and House of Rep- dents will struggle to make payments. These companies make significant Section 523(a)(8) of title 11, United States resentatives of the United States of America in Code, is amended by striking ‘‘dependents, Congress assembled, profits from federal financial aid pro- for’’ and all that follows through the end of SECTION 1. SHORT TITLE. grams and are able to write off these subparagraph (B) and inserting ‘‘dependents, This Act may be cited as the ‘‘Provider loans. for an educational benefit overpayment or Tax Administrative Simplification Act of This is a disaster for students. These loan made, insured, or guaranteed by a gov- 2011’’. are private student loans with interest ernmental unit or made under any program

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3437 funded in whole or in part by a governmental ciate Director Mueller’s willingness to Northern California, as the Assistant unit or an obligation to repay funds received continue in service to the Nation. This Attorney General for the Criminal Di- from a governmental unit as an educational was not Bob Mueller’s idea or request. vision at the Justice Department, and benefit, scholarship, or stipend;’’. This is the President’s request and, as the acting Deputy Attorney General at By Mr. LEAHY (for himself, Mr. a patriotic American, Director Mueller the beginning of the George W. Bush GRASSLEY, Mrs. FEINSTEIN, and is willing to give another two years in administration. This is a man who left Mr. CHAMBLISS): service to a grateful Nation. a lucrative position in private practice S. 1103. A bill to extend the term of The Bureau has seen significant to return to law enforcement after he the incumbent Director of the Federal transformation since September 11, had served in higher positions, by join- Bureau of Investigation; to the Com- 2001. Director Mueller has handled this ing the U.S. Attorney’s office in the mittee on the Judiciary. evolution with professionalism and District of Columbia as a line pros- Mr. LEAHY. Mr. President, earlier focus. The FBI plays a critical role in ecutor in the homicide section. this month, the President requested our efforts to protect national secu- The President could have nominated that Congress provide a limited excep- rity. Attorney General Holder said re- the next director of the FBI, someone tion to the statutory limit on the serv- cently: ‘‘The United States faces ongo- who could serve for the next 10 years, ice of the FBI Director in order to ing threats from terrorist intent on at- until 2021. That is someone who would allow Robert Mueller to continue his tacking us both at home and abroad, serve through the presidential elec- service for up to two additional years, and it is crucial that the FBI have sus- tions in 2012, 2016 and 2020, and into the until September 2013. I spoke with the tained, strong leadership to confront period long after his own presidency. President about his request, and under- that threat.’’ He is right. Instead, he has chosen to ask Congress stand his desire for continuity and sta- I was encouraged to see the reports to extend the term of service of a prov- bility in our national security leader- that Senator MCCONNELL, the Senate en leader for a brief period, given the ship team at a time of great challenge Republican leader, supports the Presi- extenuating circumstances facing our and heightened threat concerns. dent’s request. I appreciate the com- country. On May 12, the President explained in ments by Chairman LAMAR SMITH of I emphasize that this is not Bob a statement: ‘‘Given the ongoing the House Judiciary Committee, sup- Mueller’s request, it is the President’s. threats facing the United States, as porting the President’s decision, and Bob Mueller has served tirelessly and well as the leadership transitions at stating his agreement that ‘‘it is im- selflessly for 10 years, and is undoubt- other agencies like the Defense Depart- portant to maintain continuity for our edly ready to begin the next phase of ment and Central Intelligence Agency, intelligence community during this his life. But Bob has characteristically I believe continuity and stability at transition period.’’ answered duty’s call and indicated his the FBI is critical at this time.’’ It is I am pleased that Senator GRASSLEY, willingness to continue his service. We for that reason, along with his con- our ranking Republican on the Senate should fulfill our duty, as well, and join fidence in Director Mueller, that the Judiciary Committee, has joined as a together without delay to secure the President has made this request of us. cosponsor of a bill to extend the service continuity and stability that is de- The President has asked us ‘‘to join to- of Director Mueller, who Senator manded at this time, and that is need- gether in extending that leadership for GRASSLEY said has ‘‘proven his ability ed to keep our country safe. It is time the sake of our nation’s safety and se- to run the FBI’’ in these ‘‘extraor- for us to join together and act on the curity.’’ dinary times.’’ I am also pleased that President’s request. Since the attack on September 11, Senators FEINSTEIN and CHAMBLISS, the Mr. President, I ask unanimous con- 2001, I have spoken often of the need for Chairman and Vice Chairman of the sent the text of the bill be printed in us all to join together. When I spoke to Senate Intelligence Committee, are the RECORD. the Senate about the successful oper- joining as cosponsors of the bill. We There being no objection, the text of ation against Osama bin Laden, I urged recognize the extraordinary cir- the bill was ordered to be printed in all Americans to support our President cumstances confronting the President, the RECORD, as follows: in his continuing efforts to protect our and support his request for a short ex- S. 1103 Nation and keep Americans safe. I reit- tension of Director Mueller’s service. Be it enacted by the Senate and House of Rep- erated my hope that Americans would But we also all agree that this needs to resentatives of the United States of America in stand shoulder-to-shoulder, as we did be a one-time exception and this meas- Congress assembled, in the weeks and months immediately ure we join together to introduce today SECTION 1. EXTENSION OF THE TERM OF THE IN- following the September 11 attacks, is intended to be a one-time exception CUMBENT DIRECTOR OF THE FED- ERAL BUREAU OF INVESTIGATION. unified in our resolve to keep our Na- and not a permanent extension. Section 1101 of the Omnibus Crime Control tion secure. And I urged Congress to I chaired the Senate Judiciary Com- and Safe Streets Act of 1968 (28 U.S.C. 532 join together for the good of the coun- mittee in the summer of 2001 when note) is amended by adding at the end the try and all Americans. This is one of President Bush nominated Bob following: those times that we must join to- Mueller. The President nominated him ‘‘(c) With respect to the individual who is gether. on July 18; the Judiciary Committee the incumbent in the office of the Director of We face a time of heightened threats, received his paperwork on July 24; and the Federal Bureau of Investigation on the particularly when experts are so con- we held two days of hearings on July 30 date of enactment of this subsection— cerned about possible reprisal attacks and July 31. The Judiciary Committee ‘‘(1) subsection (b) shall be applied — ‘‘(A) in the first sentence, by substituting by al Qaeda. Indeed, most Americans voted on his nomination on August 2 ‘12 years’ for ‘ten years’; and share a concern that al Qaeda will try and the Senate confirmed him that ‘‘(B) in the second sentence, by sub- to strike back. So now is not a time for same day. It is already as long from stituting ‘12-year term’ for ‘10-year’ term; obstruction or delay in considering the the day that President Obama made his and President’s request to maintain con- request for the short extension of his ‘‘(2) the third sentence of subsection (b) tinuity and stability in his national se- term of service as it took us in 2001 to shall not apply.’’. curity team. hold hearings and for the Senate to Mr. GRASSLEY. Mr. President, the We have an opportunity now to set confirm Bob Mueller to a 10-year term Federal Bureau of Investigation is on aside partisanship and come together as FBI Director. We must not delay ac- the front line in defending our country to work with our President to keep tion any longer. from terrorists, spies, and criminals. America safe. While the threat from al Bob Mueller served for three years in The FBI has a long history dating back Qaeda continues, and as the President the United States Marine Corps; led a over 100 years. The FBI started as an makes necessary shifts in his national rifle platoon in Vietnam; and earned a agency formed during President Theo- security team, I appreciate why Presi- Bronze Star, two Navy Commendation dore Roosevelt’s administration when dent Obama has proposed that we con- Medals, the Purple Heart, and the Viet- seven Secret Service agents were sent tinue the service of President Bush’s namese Cross of Gallantry. This is a to the Justice Department to create a appointee to the important leadership man who served as the United States new investigative bureau. Since that position of Director of the FBI. I appre- Attorney in both Massachusetts and start, the FBI has developed into a

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A bill to authorize Depart- and DNA analysis, now utilized to backdrop of heightened alert to ter- ment of Defense support for programs build investigations from the smallest rorist attack following the death of on pro bono legal assistance for mem- of clues obtained at crime scenes. Such Osama bin Laden. However, I do this bers of the Armed Forces; to the Com- advancements have allowed the FBI to with a heavy heart because I believe mittee on Armed Services. combat organized crime and inter- the 10-year term is a good thing for Mr. KOHL. Mr. President, I rise national terrorists across the country both the FBI and the country. today with Senator GRAHAM to intro- and around the globe. Currently, the law requires that the duce the Justice for Troops Act. This Despite these successes, the FBI has FBI Director be limited to one single legislation offers a simple solution to a also had its share of failures. These in- 10-year term. This limitation was put serious problem that affects the well- clude maintaining secret files on elect- in place in 1976 following a 1968 change being of our troops and their families. ed officials, the investigation of civil in the law making the Director a Presi- Today, when service men and women rights leaders, the tragedies at Ruby dential appointment. Congress in- face civil legal problems they often Ridge and Waco, missing internal spy cluded this term for two main reasons: have no access to legal assistance. Robert Hanssen, the corruption and one, to ensure that the Director was in- When these troops face such problems, misuse of mob informants in the Bos- sulated from political influence of the like child custody issues, complica- ton field office, and the failure to con- President; two, to ensure that no one tions with leases, mortgage payments nect the dots leading up to the 9/11 at- individual serves as FBI Director for or credit card debt that should be pro- tacks. The FBI has also had problems such a long period of time to amass too tected under the Servicemembers Civil in failing to manage high-profile much power. The inclusion of a term Relief Act, or disputes over a bank ac- projects, such as the procurement of was part of a series of reforms to gov- count, they often have no access to information technology upgrades. They ernment agencies following the Water- legal assistance. have failed to address personnel prob- gate scandal and following the death of Without representation, troops run lems, such as the double standard for former Director J. Edgar Hoover, who the risk of losing custody of their chil- discipline that the Justice Department had served a 48-year term. dren, being evicted from their home, or inspector general found agents believe The current term limit has been in facing financial ruin. This is unjust, es- exists. And there were the serious place for 35 years. In that time, no Di- pecially when there are many lawyers issues that required reform at the FBI rector of the FBI has ever served an en- willing to volunteer their services for crime lab. These are black marks on tire 10-year term and no President has free. The Justice for Troops Act would the history of the FBI. ever suggested the term limit should be solve this problem by connecting serv- I have been an outspoken critic of extended. However, on September 4, ice men and women with pro bono law- the FBI’s culture for many years be- 2011, FBI Director Mueller would be the yers. It would do so by authorizing the cause of its unwillingness to own up to first to reach the 10-year mark. Presi- Department of Defense, DoD, to use up mistakes. Too often, officials sought to dent Obama has indicated it is his de- to $500,000 of funds already appro- protect the agency’s reputation at the sire to have Director Mueller stay on priated for operation and maintenance expense of the truth. My concerns are for an additional 2 years and has asked to support programs that make these magnified by the way the FBI treats us to extend the term. connections and ensure that our troops internal whistleblowers who come for- While I join my colleagues in intro- have access to the legal representation ward and report fraud and abuse. All ducing this extension, I have also they need. too often, instead of owning up to prob- asked that we have a hearing in the All branches of the military provide lems and fixing them, they circle the Senate Judiciary Committee to address our service men and women with basic wagons and shoot the messenger. The this extension. There are significant legal services on-base through legal as- FBI is all too often the exact opposite constitutional concerns that must be sistance officers, Judge Advocate Gen- of an agency that can accept construc- addressed, such as whether Congress erals, JAGs, but they generally cannot tive criticism, from both those inside has the authority to extend the term of represent service members in court or and out. a sitting appointee. A concern of this provide legal assistance in other parts That said, I must give credit to the magnitude needs to be discussed in a of the country. When troops encounter FBI when it is due. Following the trag- formal hearing. Additionally, this legal problems that JAGs are not able edy of 9/11, the FBI has worked to fix would be the first time the Congress to handle, they are left on their own to the problems that have occurred. There will be extending the term of the Direc- find a lawyer. This burden can arise if has been a top-to-bottom trans- tor in over 35 years and nearly 37 years a service member is stationed in one formation at the FBI moving it from a since a hearing was held on the term of state, but his or her home, family, or pure law enforcement agency to a na- the Director in the Judiciary Com- bank accounts are located in another. tional security agency. Chief among mittee. On-base JAG officers are unable to help those lending this transformation has Director Mueller has done an admi- with bankruptcy, child support issues, been FBI Director Robert Mueller. rable job of reforming an agency under and other legal challenges that arise in Sworn in as Director just 1 week prior difficult circumstances. While I have a different state. As the number of de- to 9/11, Director Mueller has led the my concerns with the precedent that ployed troops has increased since 2001, charge to ensure that the FBI is up- this will set for future Directors— the gap between their legal needs and dated into a modern national security namely, that the term can be ex- the offerings of JAG offices has wid- agency. This transformation includes tended—I do think that making a one- ened. In some cases, JAG officers have upgrading the workforce from an time exception is warranted in this referred troops who cannot afford a agent-driven model to one that in- limited case and with the current ex- lawyer to programs that connect them cludes an ever-increasing number of in- isting threats. But I do not want this with pro bono lawyers. Other cases telligence analysts. Director Mueller to become a regular occurrence. This have been left unresolved, to the det- has taken the transformation head-on legislation is narrowly tailored to en- riment of our troops, their families, and has done an admirable job. I ap- sure that the intent of Congress is to and the readiness of our armed forces. plaud the hard work that has been create only a one-time exception. Fur- Today, there are limited services done, but more work remains. That is ther, we will be holding a Judiciary available to help troops with legal why we are here today introducing leg- Committee hearing in the near future problems that cannot be handled by islation that will extend the term of to address this important, limited, one- JAGs, but they are unable to fully FBI Director Mueller for 2 additional time extension. Against that backdrop, meet the growing need. Some law

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A bill to amend the Small This bill is a step in the right directive-duty military personnel and their Business Act to permit agencies to tion to help our small businesses and I families to free legal assistance beyond count certain contracts toward con- look forward to opportunities to dis- what military legal offices can offer. tracting goals; to the Committee on cuss this and other efforts that help They maintain lists of attorneys who Small Business and Entrepreneurship. our small businesses succeed. are willing to provide their services Mr. ENZI. Mr. President, I rise today free of charge to service members and, to introduce the Small Business Fair- By Mr. ROCKEFELLER (for him- in conjunction with the DoD, reach out ness Act. I want to first thank my col- self, Ms. STABENOW, and Mr. to on-base JAG offices to encourage league Senator CASEY from Pennsyl- BROWN of Ohio): them to refer troops to their programs. vania for cosponsoring this important S. 1117. A bill to amend section 35 of Unfortunately, these programs have legislation with me. Promoting small the Internal Revenue Code of 1986 to a long way to go to meet the increasing business is not a Republican or a Dem- improve the health coverage tax credit, demand for their pro bono legal serv- ocrat issue; it is an economic issue and for other purposes; to the Com- ices, and too many troops still go with- that is of even more importance as we mittee on Finance. out legal help. Furthermore, existing consider ways to help improve our Na- Mr. ROCKEFELLER. Mr. President, programs are limited in their ability to tion’s job situation. This bill is just when Congress passed the Trade Act of connect troops with pro bono lawyers one of many efforts that I hope Con- 2002, we made a promise to American because funding to support them is gress can consider this year that will workers that the potential loss of jobs scarce. With access to only $500,000, pro help promote the needs of our small due to trade policy will not equal the bono projects would be able to build businesses on Main Street. loss of health care coverage. The more connections, ensure that every This particular issue involves a rule health coverage tax credit, HCTC, was JAG office knows how to refer service currently in place that prevents agen- designed to help American workers remembers to the programs, and grow cies from counting their government tain health insurance coverage when their databases of pro bono lawyers. procurement contracts toward their their jobs are displaced by outsourc- This small investment would be lever- statutory obligations if a small busi- ing—and it has been a lifeline for these aged into providing free legal assist- ness is a member of a cooperative or middle-class families who simply can- ance to countless men and women who association of other small businesses. not afford coverage on their own. In serve our country. We will no doubt en- While the rule was well intended when 2010, an Internal Revenue Service sur- hance our military readiness by elimi- it was written, it likely never antici- vey found that 90 percent of HCTC par- nating the stress and anxiety caused by pated the growth of small businesses ticipants are very satisfied with the legal problems. that pool their resources into teaming program. The Justice for Troops Act is sup- agreements to compete for large gov- However, despite the high satisfac- ported by the Department of Defense, ernment contracts. tion rate among participants, far too the Military Officers Association of This bill, the Small Business Fair- many trade-displaced workers are not America, the Southern Wisconsin ness Act, helps address this issue. The able to take advantage of this impor- Chapter of the Military Officers Asso- Internet and other resources in recent tant program. Historically, fewer than ciation of America, the National Mili- years have helped small businesses 30,000 of the hundreds of thousands of tary Family Association, the National identify and partner with other busi- potentially eligible individuals each Guard Association of the United nesses to make competitive bids for year have participated in the HCTC. States, the Wisconsin National Guard government contracts. Not every small These hundreds of thousands of laid-off Association, the Association of the US business can meet the contracting workers and retirees have been left un- Army, the Air Force Association, and needs of federal agencies, however, as a insured because the program still has the Gold Star Wives of America. group they can often offer competitive several barriers to enrollment, and de- Mr. President, I ask unanimous con- bids for some of the largest govern- spite the 65 percent subsidy provided sent that the text of the bill be printed ment contracts being offered. We know by the program, the premiums are pro- in the RECORD. that the Federal Government is one of hibitively high for some workers. There being no objection, the text of the largest consumers of products and I have heard from steel retirees and the bill was ordered to be printed in it is only right to make sure our small widows in my state about how the RECORD, as follows: businesses can group with other small unaffordable the TAA health care tax S. 1106 businesses for their own mutual ben- credit is. I have been very frustrated, Be it enacted by the Senate and House of Rep- efit. The bill is specifically designed to just as I was when this bill passed, that resentatives of the United States of America in ensure that agencies can do business we have not been able to make the Congress assembled, through teaming agreements with credit as affordable and accessible as SECTION 1. SHORT TITLE. small businesses that qualify through possible for people who need it the This Act may be cited as the ‘‘Justice for the Small Business Administration as most—laid-off workers and retirees Troops Act’’. socially or economically disadvantaged who have very limited income. SEC. 2. DEPARTMENT OF DEFENSE SUPPORT FOR firms. This includes businesses owned The Government Accountability Of- PROGRAMS ON PRO BONO LEGAL fice, GAO, and several consumer advo- ASSISTANCE FOR MEMBERS OF THE by service-disabled veterans, women- ARMED FORCES. owned small businesses and firms lo- cacy groups and research organizations (a) SUPPORT AUTHORIZED.—The Secretary cated in qualified HUBZones. Without have cited affordability as the primary of Defense may provide support to one or this bill, an agency can do business reason for low participation in the more public or private programs designed to with a small entity through a teaming HCTC program. The bottom line is that connect attorneys who provide pro bono agreement but cannot count that busi- a 65 percent subsidy is simply not legal assistance with members of the Armed ness towards its statutory obligations enough for many to afford the high Forces who are in need of such assistance. (b) FINANCIAL SUPPORT.— for small business set-asides. cost of health insurance premiums. The (1) IN GENERAL.—The support provided a As a former small business owner and American Recovery and Reinvestment program under subsection (a) may include fi- a member of the Small Business Com- Act of 2009, which reauthorized the nancial support of the program. mittee, I am a firm believer that small Trade Adjustment Assistance Act, (2) LIMITATION ON AMOUNT.—The total businesses should be able to access gov- made several temporary changes to ex- amount of financial support provided under ernment contracts. These contracts pand eligibility for and benefits of the subsection (a) in any fiscal year may not ex- help businesses diversify and offer new HCTC program. These changes included ceed $500,000. opportunities for their products. That an increase in the tax credit’s subsidy (3) FUNDING.—Amounts for financial support under this section shall be derived from is why for over 9 years I have helped to rate from 65 percent to 80 percent of amounts authorized to be appropriated for host a Procurement Conference in Wy- the health insurance premium, and ex- the Department of Defense for operation and oming where contactors can meet with panded TAA eligibility to additional maintenance. our State’s small businesses to ensure workers. The GAO released a report

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3440 CONGRESSIONAL RECORD — SENATE May 26, 2011 last year on the credit and found that tionwide will have access to the same an individual’s ability to participate in HCTC participation increased after type of affordable, comprehensive cov- training. these key Recovery Act changes took erage they were used to when they As a former Governor, I know how effect. As a result of the Recovery Act, were employed. important Trade Adjustment Assist- many more people eligible for the pro- Third, the TAA Health Coverage Act ance is to individuals who have lost gram felt they could afford a qualified clarifies the three month continuous their jobs due to trade. In West Vir- health plan and afford to pay their coverage requirement. Under the origi- ginia, thousands of workers have lost share of monthly premiums. However, nal TAA statute, displaced workers are their jobs as a result of trade policy. 33 percent still could not afford their required to maintain three months of While adjusting to the loss of employ- share of monthly premiums, even with continuous health insurance coverage ment, these individuals still have to the credit and these expanded provi- in order to qualify for certain con- pay mortgages, put food on the table, sions expired on February 13, 2011. sumer protections. Those protections and care for their families. Finding af- As our economy continues its recov- are guaranteed issue, no preexisting fordable health care adds a significant ery, it is critical to build on this pro- condition exclusion, comparable pre- burden to their worries. The TAA gram to help more Americans secure miums, and comparable benefits. Con- health coverage tax credit is designed health coverage. The TAA Health Cov- gress intended this three month period to help American workers retain erage Improvement Act would extend to be counted as the three months health insurance coverage during this the Recovery Act’s temporary provi- prior to separation from employment. very difficult transition. sions, and it would also address the However, the Administration has inter- Since 2002, the HCTC program has issues of affordability by increasing the preted the three month requirement as been a lifeline for tens of thousands of subsidy amount from 65 percent to 95 three months of health insurance cov- participants. But for many others who percent, retroactive to the date the Re- erage prior to enrollment in the new face barriers to participation, the covery Act expired. health plan, which usually is after sep- HCTC program is not living up to its This legislation also addresses the aration from employment and after potential. The GAO has given us a very issue of affordability by placing limits certification of TAA eligibility. Many specific diagnosis of the problems, and on the use of the individual market, as laid-off workers and PBGC recipients the Recovery Act has shown us that Congress intended under the original cannot afford to maintain health cov- the situation can improve for trade-dis- law. The Trade Act of 2002 specified erage in the months between losing placed workers. The TAA Health Cov- that the health insurance credit could their jobs and TAA certification and, erage Improvement Act builds upon the not be used for the purchase of health therefore, lose eligibility for the statu- Trade Act of 2002 and the lessons we insurance coverage in the individual torily-provided consumer protections. have learned since in order to make the market except for HCTC-eligible work- This legislation corrects this problem health coverage tax credit workable for ers who previously had a private, non- by clarifying that three months of con- eligible individuals and their families. group coverage policy 30 days prior to tinuous coverage means three months I look forward to working with my col- separation from employment. However, prior to separation from employment. leagues to pass this important legisla- states have been allowed by prior Ad- Fourth, this bill allows spouses and tion. ministrations to create state-based dependents to maintain eligibility for coverage options in the individual mar- the health coverage tax credit if the By Mr. INOUYE (for himself, Mr. ket for any HCTC beneficiaries, includ- worker or retiree becomes eligible for ROCKEFELLER, Mr. BEGICH, Ms. ing those who did not have individual Medicare. Younger spouses and depend- SNOWE, and Ms. MURKOWSKI): market coverage one month prior to ents of Medicare-eligible individuals S. 1119. A bill to reauthorize and im- separation from employment. As a re- have not been able to receive the sub- prove the Marine Debris Research, Pre- sult, there are people who had em- sidy because eligibility runs through vention, and Reduction Act, and for ployer-based coverage prior to separa- the worker or retiree. This technicality other purposes; to the Committee on tion from employment who are now is unfair to individuals who rely on Commerce, Science, and Transpor- being covered in the individual market. health coverage through their spouses tation. This was not the intent of the law. To or parents. Mr. INOUYE. Mr. President, I am make matters worse, this interpreta- Finally, this legislation streamlines pleased to introduce the Trash Free tion undermines the consumer protec- the HCTC enrollment process and Seas Act of 2011, a bill to reauthorize tions set forth in the law because indi- makes it easier for trade-displaced and strengthen the Marine Debris Re- vidual market plans are allowed to workers to access health insurance search, Prevention, and Reduction Act, vary premiums based on age and med- coverage. According to GAO, two of the MDRPRA. This act, of which I am ical status. In one state GAO reviewed factors contributing to low participa- proud to have been the original spon- for its report, because of medical un- tion include a complicated and frag- sor, was first passed in 2006 to address derwriting, HCTC recipients in less- mented enrollment process and the in- the pervasive issue of marine debris than-perfect health were charged al- ability of workers to pay 100 percent of which is found in myriad forms most six times the premiums charged the premium during the 3 to 6 months throughout our oceans. It created pro- to recipients rated in the healthiest they are waiting to enroll in advance grams in both the National Oceanic category. The legislation I am intro- payment. This legislation includes a and Atmospheric Administration, ducing today addresses this problem by presumptive eligibility provision that NOAA, and the U.S. Coast Guard that clarifying that states can only des- allows displaced workers to enroll in a research, track, and work to mitigate ignate individual market coverage qualified health plan and receive the and remove marine debris and its asso- within guidelines of 30-day restriction HCTC immediately upon application to ciated impacts. The Trash Free Seas and by requiring individual market the Department of Labor for certifi- Act would update these programs to in- plans to be community-rated. cation. There is also a provision which corporate advances in our under- Second, this legislation guarantees directs the Treasury Secretary to pay standing of the issue and allow for that eligible workers will have access 100 percent of the cost of premiums di- greater regional and international co- to comprehensive group health cov- rectly to the health plans during the ordination in our mitigation efforts. erage. Group coverage is what people months TAA-eligible workers are wait- Marine debris is a catch-all term that know. The vast majority of laid-off ing for advance payment to begin. This encompasses everything from floating workers and PBGC retirees had em- legislation allows workers to be eligi- refuse to lost fishing nets and pieces of ployer-sponsored group coverage prior ble for the HCTC even if they are not micro-plastic. In all its forms, how- to losing their jobs or pension benefits. receiving training, an important provi- ever, it is something that was once The TAA Health Coverage Improve- sion that was included in the Recovery manufactured and has since been lost ment Act designates the Federal Em- Act. The current training requirement at sea through accident, intent, or act ployees Health Benefit Plan, FEHBP, subjects families to a loss of health of nature. Once at sea, the impacts of as a qualified group option in every coverage when transportation, reloca- marine debris may reach unintended State, so that displaced workers nation, or childcare issues interfere with shores as it drifts on ocean currents

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and harms our ecosystems and econo- ing it releases carbon dioxide, CO2. The Propane Infrastructure Credits— mies. This harm may come from direct advantage is that LPG releases less EPACT 2005 provided a tax credit interactions such as physical damage CO2 per unit of energy than oil and amounting to 30 percent of the cost of to a coral reef or fishing vessel; burns cleanly with regard to particu- a fueling station, not to exceed $30,000 through indirect impacts such as the lates. per station. This credit expires at the concentration of harmful chemicals in At present, one propane-powered end of 2011. floating plastics; or from a reduction in light-duty vehicle, LDV, and several The Propane Act would extend these tourism due to the unsightliness of a heavy-duty vehicle, HDV, propane en- three tax credits for 5 years. For the littered beach. In every case we should gines and fueling systems are available credits to have a meaningful effect in be responding by working to reduce the from U.S. original equipment manufac- firmly establishing a robust propane overall problem on a global scale and turers, OEM. Because other countries autogas market, they should be in by striving to mitigate specific im- offer more OEM options in propane ve- place for a defined period of time, not pacts. hicles, thorough testing to compare extended from year-to-year in a hap- As an island State, Hawaii is particu- emissions with reformulated gasoline hazard fashion. Congress should not larly susceptible to the impacts of ma- has been conducted on these vehicles wait to act until the credits are about rine debris and, all the more so, be- and engines in Europe. Two of these to expire because market uncertainty cause we are located near the center of tests were combined and the results are regarding the credits undermines the a great network of ocean currents in promising with respect to lower partic- effectiveness of the incentives and dis- the Pacific that tend to concentrate ulate matter, PM, nitrogen oxides, courages the kind of investment that Congress wants the private sector to debris into a wide region known as the NO , carbon monoxide, CO, and total X make in alternative fuels. The Propane ‘‘garbage patch’’. For this reason, our hydrocarbon, THC, emissions, as the Green Autogas Solutions Act, if en- State has long been at the forefront in chart below details: acted, would offer the long-term policy dealing with this issue and in fact we To augment LPG’s generally cleaner combustion properties, propane engines commitment necessary to continue have recently become the first State to building essential alternative fuel in- can be calibrated to choose between develop and implement a comprehen- frastructure and bolster a burgeoning pollutants, making the engine addi- sive marine debris action plan. This autogas market. Private investment is tionally useful in achieving regional or Plan, along with the programs at much more likely to occur when the local pollution-reduction targets. A NOAA and the Coast Guard, are likely availability of the tax credits is as- to be even more valuable to us in the rich calibration reduces nitrogen ox- sured in the long-term so the propane coming years as recent research sug- ides, NOX, at the expense of increasing industry can create the economies of gests that the tragic Great East Japan CO and non-methane hydrocarbons and scale necessary to make propane Earthquake and Tsunami that struck a lean calibration does just the oppo- autogas a viable and competitive alter- in March, resulted in a tremendous site. native fuel. amount of lost infrastructure that may Propane is in surplus worldwide with There is no score for the bill yet. The reach our shores as debris in as little 93 percent of U.S. propane produced do- National Propane Gas Association, as 1 to 2 years. mestically when combined with supply NPGA, has retained an economic re- The Trash Free Seas Act of 2011 from Canada. A national infrastructure search firm to perform a comprehen- would strengthen our ability to re- of pipelines, processing facilities, and sive economic review that will look at spond to the pervasive problem of ma- storage, i.e., 59 million barrel capacity costs and offsetting benefits, job cre- rine debris by incorporating marine de- in Texas alone, already exists for the ation, economic growth, etc.; foreign bris removal as an explicit purpose of efficient distribution of propane and petroleum gallons displaced; and the the programs; clarifying research and there are roughly 3,200 propane dis- positive environmental impact of ex- assessment and reduction, prevention, pensing stations across the U.S. Pro- tending the tax credits. The study will and removal as two distinct compo- pane supply is expected to increase be available shortly and will share it nents of the NOAA program; and in- over the next several decades, which with my colleagues when it becomes cluding tool development, regional co- means more consumer availability and available. ordination, and promoting inter- price stability. Recent rapid price increases for gaso- national action as explicit program Commercial fleets are the propane line and diesel fuel have hurt Ameri- functions. autogas vehicle target market. The En- cans families and businesses. This I ask that my colleagues join me in ergy Policy Act of 2005 (EPACT 2005) weekend is Memorial Day weekend, the supporting this important legislation. and the 2005 Safe, Accountable, Flexi- unofficial beginning of the summer and ble, Efficient Transportation Equity the summer driving season. Our Nation By Mr. CARDIN (for himself, Mr. Act: A Legacy for Users, SAFETEA– needs to come to grips with a few fun- BLUNT, and Ms. STABENOW): LU, transportation reauthorization es- damental facts. We have 2–3 percent of S. 1120. A bill to encourage greater tablished significant tax incentives for the world’s oil reserves. We account for use of propane as a transportation fuel, propane autogas to stimulate its use in about 5 percent of the world’s popu- to create jobs, and for other purposes; motor vehicles to reduce U.S. depend- lation. We currently produce 11 percent to the Committee on Finance. ence on foreign oil and reduce environ- of the world’s oil, up 11 percent over Mr. CARDIN. Mr. President, I rise mental impacts associated with gaso- the last 2 years, in large part because today to introduce the Propane Green line and diesel fuel use. The 2005 legis- we have more drilling rigs in operation Autogas Solutions Act of 2011. I am lation provided the following alter- right now than the rest of the world pleased to note that the junior Sen- native fuel tax credits that benefit pro- combined—by 50 percent. We account ators from Missouri, Mr. BLUNT, and pane autogas, all of which would be ex- for 25 percent of the world’s oil con- Michigan, Ms. STABENOW, are original tended under the legislation Senators sumption. ‘‘Drill here, drill now, pay cosponsors of this measure. Our bill ex- BLUNT and STABENOW and I are intro- less’’ is a catchy slogan, but it’s not a tends for five years Federal Alternative ducing today. solution to our energy woes. As T. Fuel Tax Credits for Propane Used as a Propane Fuel Credits—SAFETEA–LU Boone Pickens himself has said, we Motor Fuel, Propane Vehicles, and Pro- included a 50 cent per gallon credit for cannot drill our way of this problem. pane Refueling Infrastructure. propane sold for use in motor vehicles. The best way for the United States to Propane ‘‘autogas’’ is a reliable, do- This credit expires at the end of 2011. put downward pressure on gasoline and mestically produced alternative fuel Propane Vehicle Credits—EPACT diesel prices is through demand reduc- with lower greenhouse gas, GHG, emis- 2005 included a tax credit to consumers tion since we are the world’s biggest sions than gasoline. Sixty percent of who purchase OEM propane vehicles or consumers of petroleum products by propane, also known as liquefied petro- convert gasoline or diesel engines. The far. The Propane Green Autogas Solu- leum gas, LPG, derived from natural amount of credit the consumer receives tions Act offers one way to reduce our gas processing and 40 percent is a by- varies depending on vehicle weight and demand—by substituting propane for product of crude oil refining. Since emissions. This credit is currently ex- gasoline or diesel fuel. Propane is a do- LPG is derived from fossil fuels, burn- pired. mestic transportation fuel. It is less

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In my home state of Rhode Is- There being no objection, the text of sources. land, the Narragansett Bay has wit- the bill was ordered to be printed in Mr. WHITEHOUSE. Mr. President, I nessed a 4 degree increase in average the RECORD, as follows: rise today to introduce the Renewable annual temperature, causing what S. 1120 Energy Access through Leasing Act of amounts to a full ecosystem shift. Be it enacted by the Senate and House of Rep- 2011 or the REAL Act of 2011. I’d like to It is hard to disagree that renewable resentatives of the United States of America in thank Senator LAMAR ALEXANDER and energy offers solutions to many of the Congress assembled, Senator MARK UDALL for joining in this problems facing our country. But there SECTION 1. SHORT TITLE, ETC. bipartisan effort. is often disagreement about the best (a) SHORT TITLE.—This Act may be cited as Many homeowners would like to in- way forward to promote renewable en- the ‘‘Propane Green Autogas Solutions Act stall solar panels or other renewable ergy. Some are concerned about the of 2011’’. (b) AMENDMENT OF 1986 CODE.—Except as energy systems, but face the daunting budget impact of promoting renewable otherwise expressly provided, whenever in challenge of paying the upfront cost for energy, some are concerned about gov- this Act an amendment is expressed in terms the technology. To purchase and in- ernment mandates, and some are con- of an amendment to a section or other provi- stall a new solar energy system, for ex- cerned about government subsidies. sion, the reference shall be considered to be ample, can cost between $20,000 and While we may disagree on other means made to a section or other provision of the $30,000. This is a significant and often to promote renewable energy, I am Internal Revenue Code of 1986. prohibitive cost, even when more than hoping that we can all agree on this bi- SEC. 2. MODIFICATION AND EXTENSION OF AL- justified by long-term savings. partisan proposal. TERNATIVE FUEL CREDIT. A promising option to promote resi- (a) ALTERNATIVE FUEL CREDIT.—Paragraph The REAL Act would not add a dime (5) of section 6426(d) is amended by inserting dential use of renewable energy is leas- to the budget deficit. The Congres- ‘‘, and December 31, 2016, in the case of any ing. Here is how it works: A company sional Budget Office scored similar leg- sale or use involving liquefied petroleum pays to purchase and install the sys- islation last Congress as having no gas)’’ after ‘‘hydrogen’’. tem and the homeowner pays a fixed budget impact. It achieves this goal be- (b) ALTERNATIVE FUEL MIXTURE CREDIT.— monthly fee to lease the renewable en- cause the insurance program is paid for Paragraph (3) of section 6426(e) is amended ergy system from the company. It is entirely through premiums. The bill by inserting ‘‘, and December 31, 2016, in the easy for the homeowner, often requires case of any sale or use involving liquefied pe- also protects the taxpayer in the case troleum gas)’’ after ‘‘hydrogen’’. no upfront cost, and can even save of a default because the government (c) PAYMENTS RELATING TO ALTERNATIVE them money on electricity bills. Leas- has the right to collect revenues di- FUEL AND ALTERNATIVE FUEL MIXTURES.— ing has been successfully used for ev- rectly from the renewable energy sys- Paragraph (6) of section 6427(e) is amended— erything from satellite TV dishes to tem. (1) in subparagraph (C)— car. Why not solar panels too? The REAL Act is not a subsidy and (A) by striking ‘‘subparagraph (D)’’ in sub- One of the problems has been that re- requires no appropriation. It relies on paragraph (C) and inserting ‘‘subparagraphs newable energy system leasing does the value of the renewable energy sys- (D) and (E)’’, and not have a well-established financial (B) by striking ‘‘and’’ at the end thereof, tem itself to provide the basis for the (2) by striking the period at the end of sub- market. Investors are reluctant to pur- insurance. paragraph (D) and inserting ‘‘, and’’, and sue these opportunities, in large part The REAL Act is also not a mandate. (3) by adding at the end the following: because of the uncertain lifespan of the It has no requirement to use the leas- ‘‘(E) any alternative fuel or alternative renewable energy systems. The REAL ing mechanism, but merely facilitates fuel mixture (as so defined) involving lique- Act would address that problem by the expansion of renewable energy leas- fied petroleum gas sold or used after Decem- having the Department of Energy in- ing to homeowners. ber 31, 2016.’’. sure the value of the lease. This would While this bill is only one piece of (d) EFFECTIVE DATE.—The amendments the puzzle to solving our overall energy made by this section shall apply to liquefied help create a secondary market for re- petroleum gas sold or used after the date of newable energy system leases to resi- problem, I hope that it is a piece we the enactment of this Act. dential customers, freeing up addi- can all agree on. Providing additional SEC. 3. EXTENSION AND MODIFICATION OF NEW tional capital to invest in these pro- options to lease renewable energy sys- QUALIFIED ALTERNATIVE FUEL grams. tems is a win for our homeowners, our MOTOR VEHICLE CREDIT. The benefits of renewable energy are economy, and our environment. (a) IN GENERAL.—Paragraph (4) of section manifold and well-documented. Renew- Mr. President, I ask unanimous con- 30B(k) is amended by inserting ‘‘(December able energy creates jobs. From the en- sent that the text of the bill be printed 31, 2016, in the case of a vehicle powered by liquefied petroleum gas)’’ before the period gineers who design the systems to the in the RECORD. at the end. technicians who install them, this in- There being no objection, the text of (b) EFFECTIVE DATE.—The amendment dustry has the potential to support the bill was ordered to be printed in made by this section shall apply to property thousands of new jobs. the RECORD, as follows: placed in service after the date of the enact- Renewable energy promotes energy S. 1126 ment of this Act. independence. Oil still accounts for ap- Be it enacted by the Senate and House of Rep- SEC. 4. EXTENSION OF ALTERNATIVE FUEL VEHI- proximately 40 percent of our total en- resentatives of the United States of America in CLE REFUELING PROPERTY CREDIT. ergy needs, and seventy percent of this Congress assembled, (a) IN GENERAL.—Subsection (g) of section oil is imported from foreign countries, SECTION 1. SHORT TITLE. 30C is amended by striking ‘‘and’’ at the end This Act may be cited as the ‘‘Renewable of paragraph (1), by redesignating paragraph many of whom, to put it mildly, are not committed to our best interests. Energy Access through Leasing Act of 2011’’ (2) as paragraph (3), and by inserting after or the ‘‘REAL Act of 2011’’. paragraph (1) the following new paragraph: We are sending $1 billion per day over- ‘‘(2) in the case of property relating to liq- SEC. 2. LOANS FOR FINANCING OF RENEWABLE seas to fund this addiction. ENERGY SYSTEMS LEASED FOR RES- uefied petroleum gas, after December 31, Renewable energy reduces harmful IDENTIAL USE. 2016, and’’. pollution. Many of our current dirty Subtitle A of title IV of the Energy Inde- (b) EFFECTIVE DATE.—The amendments sources of energy are significant con- pendence and Security Act of 2007 is amend- made by this section shall apply to property tributors to air pollution, leading to ed by inserting after section 413 (42 U.S.C. placed in service after the date of the enact- 17071) the following: ment of this Act. increased cases of asthma, respiratory diseases, and birth defects. Moreover, ‘‘SEC. 414. LOANS FOR FINANCING OF RENEW- ABLE ENERGY SYSTEMS LEASED By Mr. WHITEHOUSE (for him- these energy sources are significant FOR RESIDENTIAL USE. self, Mr. ALEXANDER, and Mr. contributors to global climate change, ‘‘(a) PURPOSES.—The purposes of this sec- UDALL of Colorado): harming our communities through sea tion are—

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‘‘(1) to encourage residential use of renew- the renewable energy system provided by the ‘‘(C) REVENUE FROM SALE.—The Secretary able energy systems by minimizing upfront renewable energy manufacturer and the fore- shall be entitled to any revenue generated by costs and providing immediate utility cost cast of regional residential electricity prices the renewable energy system from selling savings to consumers through leasing of made by the Energy Information Adminis- electricity to the grid when an insurance those systems to homeowners; tration of the Department. claim has been paid out. ‘‘(2) to reduce carbon emissions and the use ‘‘(e) EASEMENT.— ‘‘(j) ASSIGNMENT AND TRANSFERABILITY OF of nonrenewable resources; ‘‘(1) IN GENERAL.—The Secretary may not INSURANCE.—A renewable energy system ‘‘(3) to encourage energy-efficient residen- insure a loan under this section unless the owner or an authorized renewable energy tial construction and rehabilitation; renewable energy system owner certifies, in lender that is insured under this section may ‘‘(4) to encourage the use of renewable re- accordance with such requirements as the assign or transfer the insurance, in whole or sources by homeowners; Secretary shall establish, consistent with in part, to another owner or lender, subject ‘‘(5) to minimize the impact of develop- the purposes of this section, that the renew- to such requirements as the Secretary may ment on the environment; able energy system financed will be leased prescribe. ‘‘(6) to reduce consumer utility costs; and only to a homeowner that grants an ease- ‘‘(k) PREMIUMS AND CHARGES.— ‘‘(7) to encourage private investment in the ment to install, maintain, use, and otherwise ‘‘(1) INSURANCE PREMIUMS.— green economy. access the renewable energy system that in- ‘‘(A) IN GENERAL.—The Secretary shall fix ‘‘(b) DEFINITIONS.—In this section: cludes the right to sell electricity produced and collect premiums for insurance of loans ‘‘(1) AUTHORIZED RENEWABLE ENERGY LEND- during the life of the renewable energy sys- under this section, that shall be— ER.—The term ‘authorized renewable energy tem to a wholesale or retail electrical power ‘‘(i) paid by the applicant renewable energy lender’ means a lender authorized by the grid. system owner at the time of issuance of the Secretary to make a loan under this section. ‘‘(2) ASSUMABLE LEASE.—The renewable en- certificate of insurance to the lender; and ‘‘(2) RENEWABLE ENERGY SYSTEM LEASE.— ergy system lease shall specify that the re- ‘‘(ii) adequate, as determined by the Sec- The term ‘renewable system energy lease’ newable energy system lease can be assumed retary, to cover the expenses and probable means an agreement between an authorized by new homeowners. losses of administering the program under renewable energy system owner and a home- ‘‘(f) DISCOUNT OR PREPAYMENT.— this section. owner for a term of not less than 5 years, ‘‘(1) IN GENERAL.—To encourage the use of ‘‘(B) DEPOSIT OF PREMIUM.—The Secretary under which the homeowner— renewable energy systems, the Secretary shall deposit any premiums collected under ‘‘(A) grants an easement to the renewable shall ensure that a discount given to a home- this subsection in the Renewable Energy energy system owner to install, maintain, owner by a renewable energy system owner Lease Insurance Fund established by sub- use, and otherwise access the renewable en- or other investor or prepayment of a renew- section (l). ergy system; and able energy system lease by a renewable en- ‘‘(2) PROHIBITION ON OTHER CHARGES.—Ex- ‘‘(B) agrees to— ergy system owner does not adversely affect cept as provided in paragraph (1), the Sec- ‘‘(i) lease the use of the system from the the mortgage requirements of the home- retary may not assess any other fee (includ- renewable energy system owner; or owner. ing a user fee), insurance premium, or charge ‘‘(ii) a power purchase agreement. ‘‘(2) CONSULTATION.—In carrying out this in connection with loan insurance provided ‘‘(3) RENEWABLE ENERGY MANUFACTURER.— subsection, the Secretary may consult with under this section. The term ‘renewable energy manufacturer’ agencies and entities involved in oversight of ‘‘(l) RENEWABLE ENERGY LEASE INSURANCE means a manufacturer of renewable energy home mortgages. FUND.— systems. ‘‘(g) ELIGIBILITY OF LENDERS.—The Sec- ‘‘(1) FUND ESTABLISHED.—There is estab- ‘‘(4) RENEWABLE ENERGY SYSTEM.—The retary may not insure a loan under this sec- lished in the Treasury of the United States term ‘renewable energy system’ means a sys- tion unless the lender making the loan is an the Renewable Energy Lease Insurance Fund tem of energy derived from— institution that meets such requirements as (referred to in this subsection as the ‘Fund’), ‘‘(A) a wind, solar (including photovoltaic the Secretary shall establish for participa- which shall be available to the Secretary and solar thermal), biomass (including bio- tion of renewable energy lenders in the pro- without fiscal year limitation, for the pur- diesel), or geothermal source; or gram under this section. pose of providing insurance under this sec- ‘‘(B) hydrogen derived from biomass or ‘‘(h) CERTIFICATE OF INSURANCE.— tion. water using an energy source described in ‘‘(1) IN GENERAL.—The Secretary shall issue ‘‘(2) CREDITS.—The Fund shall be credited subparagraph (A). to a lender that is insured under this section with— ‘‘(5) RENEWABLE ENERGY SYSTEM OWNER.— a certificate that serves as evidence of insur- ‘‘(A) any premiums collected under sub- The term ‘renewable energy system owner’ ance coverage under this section. section (k)(1); means a homebuilder, a manufacturer or in- ‘‘(2) CONTENTS OF CERTIFICATE.—The cer- ‘‘(B) any amounts collected by the Sec- staller of a renewable energy system, or any tificate required under paragraph (1) shall retary under subsection (i)(3); and other person, as determined by the Sec- describe the fair market value of the future ‘‘(C) any associated interest or earnings. retary. revenue stream for each year of the remain- ‘‘(3) AVAILABILITY.—Amounts in the Fund ‘‘(c) AUTHORITY.— ing life of the renewable energy system. shall be available to the Secretary for— ‘‘(1) IN GENERAL.—The Secretary may, on ‘‘(3) FULL FAITH AND CREDIT.—The certifi- ‘‘(A) fulfilling any obligations with respect application by an authorized renewable en- cate required under paragraph (1) shall be to insurance for loans provided under this ergy system owner, insure or make a com- backed by the full faith and credit of the section; and mitment to insure a loan made by an author- United States. ‘‘(B) paying administrative expenses in ized renewable energy lender to a renewable ‘‘(i) PAYMENT OF INSURANCE CLAIM.— connection with this section. energy system owner to finance the acquisi- ‘‘(1) FILING OF CLAIM.—The Secretary shall ‘‘(4) EXCESS AMOUNTS.—The Secretary may tion of a renewable energy system for lease provide for the filing of claims for insurance invest in obligations of the United States to a homeowner for use at the residence of under this section and the payment of the any amounts in the Fund determined by the the homeowner. claims. Secretary to be in excess of amounts re- ‘‘(2) TERMS AND CONDITIONS.—The Sec- ‘‘(2) PAYMENT OF CLAIM.—A claim under quired at the time of the determination to retary may prescribe such terms and condi- paragraph (1) may be paid only on a default carry out this section. tions for insurance under paragraph (1) as under the loan insured under this section ‘‘(m) INELIGIBILITY FOR PURCHASE BY FED- are consistent with the purposes of this sec- and the assignment, transfer, and delivery to ERAL FINANCING BANK.—Notwithstanding any tion. the Secretary of— other provision of law, no debt obligation ‘‘(d) LIMITATION ON PRINCIPAL AMOUNT.— ‘‘(A) all rights and interests arising under that is insured or committed to be insured ‘‘(1) LIMITATION.—The principal amount of the loan; and by the Secretary under this section shall be a loan insured under this section shall not ‘‘(B) all claims of the lender or the assigns subject to the Federal Financing Bank Act exceed the residual value of the renewable of the lender against the borrower or others of 1973 (12 U.S.C. 2281 et seq.). energy system to be acquired with the loan. arising under the loan transaction. ‘‘(n) REGULATIONS.— ‘‘(2) RESIDUAL VALUE.—For purposes of this ‘‘(3) LIEN.— ‘‘(1) IN GENERAL.—The Secretary shall issue subsection— ‘‘(A) IN GENERAL.—On payment of a claim such regulations as are necessary to carry ‘‘(A) the residual value of a renewable en- for insurance of a loan under this section, out this section. ergy system shall be the fair market value of the Secretary shall hold a lien on the under- ‘‘(2) MULTIFAMILY HOUSING.—In issuing the the future revenue stream from the sale of lying renewable energy system assets and regulations, the Secretary shall ensure that the expected remaining electricity produc- any associated revenue stream from the use multifamily housing units are eligible for tion from the system, pursuant to the ease- of the system, which shall be superior to all programs established by this section. ment granted in accordance with subsection other liens on the assets. ‘‘(3) TIMING.—Not later than 180 days after (e); and ‘‘(B) RESIDUAL VALUE.—The residual value the date of enactment of this section, the ‘‘(B) the fair market value of the future of the renewable energy system and the rev- Secretary shall issue interim or final regula- revenue stream for each year of the remain- enue stream from the use of the system shall tions. ing life of the renewable energy system shall be not less than the unpaid balance of the ‘‘(o) TERMINATION OF AUTHORITY.—The au- be determined based on the net present value loan amount covered by the certificate of in- thority of the Secretary to insure and make of the power output production warranty for surance. commitments to insure new loans under this

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3444 CONGRESSIONAL RECORD — SENATE May 26, 2011 section shall terminate on the date that is 10 the government to counter unfair sub- theirs. In short, the trade cheats steal years after the date of enactment of this sec- sidies and give American manufactur- American jobs and America’s treasure. tion.’’. ers a fighting chance in the global mar- The trade cheats are increasingly, By Mr. ROCKEFELLER: ketplace. It has become clear to me and brazenly, employing a variety of S. 1130. A bill to strengthen the through the years though that the cur- schemes to evade AD/CVD orders. United States trade laws and for other rent protections are not strong enough Sometimes, they hustle their merchan- purposes; to the Committee on Fi- and that more must be done to allow dise through foreign ports to claim nance. our businesses to compete. That is that it originates from somewhere it Mr. ROCKEFELLER. Mr. President, what I hope to accomplish with this doesn’t. Other times, the trade cheats today I am introducing the Strength- bill. I am not asking for any unfair ad- will provide fraudulent information’ to ening America’s Trade Laws Act, legis- vantages for American businesses. I government authorities at American lation that will protect American busi- just want to allow them the oppor- ports of entry, or they engage in nesses and workers by ensuring that tunity to succeed on the merits of their schemes to mislabel and misrepresent they can compete on a level playing ideas and their hard work. imports. field with foreign companies. I ask my colleagues to join me in In recognizing this problem, I con- The legislation I am introducing supporting this important legislation vened a hearing in the subcommittee today should be viewed as a and thank the chair for allowing me to on international trade, customs and placeholder for a more comprehensive speak on this issue. global competitiveness entitled ‘‘En- updated bill that I plan on introducing forcing America’s Trade Laws in the after the recess. Given the potential for By Mr. WYDEN (for himself, Ms. Face of Customs Fraud and Duty Eva- legislative action at any time on Trade SNOWE, Mrs. MCCASKILL, Mr. sion’’ in May of this year. At this hear- Adjustment Assistance, the three pend- BLUNT, Mr. BROWN of Ohio, Mr. ing we heard from Senators of both po- ing Free Trade Agreements, and the PORTMAN, and Mr. SCHUMER): litical parties and companies from S. 1133. A bill to prevent the evasion continuing harm caused by illegally across this nation about their concerns of antidumping and countervailing dumped foreign goods, I thought it was regarding this lack of enforcement. duty orders, and for other purposes; to imperative that I introduce this bill Others launched their own investiga- the Committee on Finance. today and move the discussion of our tion into the matter. country’s trade policy forward. Mr. WYDEN. Mr. President, Presi- dent, I rise today to introduce the En- My own staff on the Finance Sub- The Strengthening America’s Trade committee on Trade, Customs and Laws Act allows the government to forcing Orders and Reducing Cir- cumvention and Evasion Act, or the Competitiveness learned that if often live up to its commitment to protect takes Customs and Border Protection, American businesses by allowing the ENFORCE Act, of 2011. For almost a century, Democratic CBP, nearly a year to ask its sister businesses being harmed by unfairly agencies for investigatory help when it subsidized imports to have a seat at and Republican Administrations have promoted and protected America’s is needed and when CBP does refer a the table in trade dispute proceedings. case to an outside agency they don’t It also strengthens countervailing duty anti-dumping and countervailing duty laws. These laws recognize the reality follow-up to ensure that it gets han- laws that are used to impose tariffs on dled. It generally takes several years goods from countries like China that that foreign competitors don’t always play by the rules. Some employ unfair for the government to conclude an in- are being unfairly subsidized. vestigation into evasion and reassess Importantly, my bill would prevent and unscrupulous trade practices that put American businesses at a serious the appropriate duties that should have the World Trade Organization, WTO, been collected. from dictating American policy by disadvantage. So, when it comes to en- Customs and Border Protection, is mandating that Congress must approve suring that American businesses and the nation’s frontline defense against of any regulatory change to American workers have a level playing field to unfair trade and is responsible for en- law that is meant to conform with an compete, anti-dumping and counter- forcing U.S. trade remedy laws and col- adverse WTO decision. vailing duty laws are the first line of This bill goes after countries that use defense. lecting AD/CV duties. Yet, if you listen currency manipulation to keep their But it is not enough to just pass to the concerns of domestic producers, prices artificially low by allowing the these laws; they need to be enforced. like those who testified at my hearing, American government to treat this ma- Duties don’t work unless they are as- timely and effective enforcement of nipulation as an unfair subsidy that sessed and collected. But just like some AD/CVD orders remains problematic can be responded to with counter- people cheat their way out of taxes, the and AD/CV duty evasion continues, vailing duties. same is true for foreign supplies and seemingly unabated. My bill also allows a panel of judicial dishonest importers who evade and While Immigration and Customs En- experts to review recent adverse WTO flout the anti-dumping and counter- forcement, or ICE, and CBP are drag- decisions to ensure that they were vailing duties that protect American ging their feet to enforce our trade made correctly and that obligations business and workers from grievous laws, this country’s domestic manufac- are not being imposed on the United economic harm. turers are being hammered by foreign States that our government has not These suppliers and importers are trade cheats. It is not like the cheaters previously agreed to. what I call trade cheats. wait around to get caught and pay These steps are important because You see, under U.S. trade laws, when their fines, they disappear long before businesses like those in my home state a certain import is found to be unfairly the so called government watchdogs ar- of West Virginia face a constant threat traded, that is, it benefits from govern- rive. ICE and CBP are the two principal from foreign made goods that are being ment subsidies or is sold below market American government agencies that sold at prices well below cost in an ef- prices, the U.S. Department of Com- are supposed to police this beat. In my fort to drive American businesses out merce imposes additional duties on view, one of them, CBP, treats allega- of the marketplace altogether. In West these imports. These duties, we call tions of duty evasion like junk mail. Virginia, we know all too well the im- them anti-dumping and countervailing The other, Immigration and Customs pact these unfair practices can have, as duties, or AD/CVD, ensure that Amer- Enforcement, has been more visible on numerous manufacturing businesses ican producers are only asked to com- the issue of alleged illegal movie have closed in recent years in response pete on a playing field that is level. downloads than taking steps to protect to these challenges. But we have these trade cheats out tens of thousands of manufacturing I have worked through the system to there. They cheat American taxpayers jobs that are threatened by unfair try to protect our employers, testi- out of the revenue that is supposed to trade. fying numerous times before the Inter- be collected on imports, and which is Such lollygagging is not only hurting national Trade Commission on behalf needed to reduce the budget deficit, our domestic producer, it is hurting of West Virginia businesses, including and they cheat American producers out our country’s treasury. U.S. industry our steel industry, in an effort to get of business that may otherwise be sources estimate that approximately

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3445 $91 million in AD/CV duties that were national security often leads to incon- ‘‘SEC. 516B. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF ANTI- supposed to be applied to just four steel sistent efforts to combat evasion of the DUMPING AND COUNTERVAILING products went uncollected as a result trade remedy laws. The ENFORCE Act DUTY ORDERS. of evasion in 2009. This is an amount would require CBP to provide annual ‘‘(a) DEFINITIONS.—In this section: equal to 30 percent of all AD/CV duties reports to us here in Congress about ‘‘(1) ADMINISTERING AUTHORITY.—The term CBP collected that year. With 300 cur- the effectiveness of its enforcement ef- ‘administering authority’ has the meaning rent AD/CVD orders in place on count- forts and the job it is required to do to given that term in section 771(1). ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- less products from over 40 countries, protect American producers from the TEES.—The term ‘appropriate congressional the potential for AD/CV duty evasion is harm of unfairly traded imports. committees’ means— vast, and hundreds of millions of AD/ As you can see, this bill presents a ‘‘(A) the Committee on Finance and the CV duties may be unaccounted for. common-sense strategy to combat Committee on Appropriations of the Senate; Every penny counts and we have an ob- trade cheating and the evasion of anti- and ligation to the American businesses, dumping and countervailing duty col- ‘‘(B) the Committee on Ways and Means and the workers they rely on, to do a lection. Enforcing U.S. trade laws and and the Committee on Appropriations of the better job. combating unfair trade practices must House of Representatives. The bill I am introducing today, with ‘‘(3) COMMISSIONER.—The term ‘Commis- be a central pillar of an economic and sioner’ means the Commissioner responsible Senators SNOWE, MCCASKILL, BLUNT, trade policy that is designed to pro- for U.S. Customs and Border Protection. BROWN from Ohio, PORTMAN, and SCHU- mote economic growth and job expan- ‘‘(4) COVERED MERCHANDISE.—The term MER, will go a long way toward empow- sion, especially as we continue to re- ‘covered merchandise’ means merchandise ering the federal government to do a cover from a recession. that is subject to— better job to combat the trade cheats I want to take a moment to recognize ‘‘(A) an antidumping duty order issued and enforce U.S. trade laws. I would and thank some terrific colleagues of under section 736; like to highlight just a few of the main mine in the Senate that are joining me ‘‘(B) a finding issued under the Anti- provisions. dumping Act, 1921; or in introducing this legislation. I thank ‘‘(C) a countervailing duty order issued First, the ENFORCE Act would for- you, and your staff, for your help and under section 706. malize a process by which allegations for your efforts. I would also like to ‘‘(5) ENTER; ENTRY.—The terms ‘enter’ and of evasion are acted on. Because CBP thank the Retail Industry Leaders As- ‘entry’ refer to the entry, or withdrawal primarily relies on the private sector sociation, the Committee to Support from warehouse for consumption, in the cus- to identify evasion of AD/CVD, the EN- U.S. Trade Laws, and the Coalition to toms territory of the United States. FORCE Act would formalize that proc- Enforce Antidumping & Countervailing ‘‘(6) EVADE; EVASION.—The terms ‘evade’ ess by allowing stakeholders to file a Duty Orders for their valuable input. I and ‘evasion’ refer to entering covered mer- petition alleging evasion and require chandise into the customs territory of the look forward to more of their input United States by means of any document or CBP to initiate an investigation pursu- going forward. electronically transmitted data or informa- ant to the petition within 10 days. I look forward to working with my tion, written or oral statement, or act that Second, our bill would establish a colleagues in the Senate and with my is material and false, or any omission that is rapid-response timeline by which CBP friends in the House of Representatives material, and that results in any cash de- would investigate allegations of eva- to build support for this initiative and posit or other security or any amount of ap- sion. The ENFORCE Act would give the to take action on behalf of American plicable antidumping or countervailing du- CBP 90 days, after an investigation of producers. ties being reduced or not being applied with evasion begins, to make a preliminary Mr. President, I ask unanimous con- respect to the merchandise. determination into whether there is a ‘‘(7) INTERESTED PARTY.—The term ‘inter- sent that the text of the bill be printed ested party’ has the meaning given that reason to believe an importer is evad- in the RECORD. term in section 771(9). ing an AD/CVD order. So if an affirma- There being no objection, the text of ‘‘(b) PROCEDURES FOR INVESTIGATING ALLE- tive preliminary determination is the bill was ordered to be printed in GATIONS OF EVASION.— made, AD/CV duties would be required the RECORD, as follows: ‘‘(1) INITIATION BY PETITION OR REFERRAL.— to be collected in cash until the inves- S. 1133 ‘‘(A) IN GENERAL.—Not later than 10 days after the date on which the Commissioner re- tigation is concluded and any entries of Be it enacted by the Senate and House of Rep- subject merchandise would not be liq- ceives a petition described in subparagraph resentatives of the United States of America in (B) or a referral described in subparagraph uidated by CBP in order to ensure that Congress assembled, (C), the Commissioner shall initiate an in- the correct amount of duties owed can SECTION 1. SHORT TITLE; TABLE OF CONTENTS. vestigation pursuant to this paragraph if the be collected. CBP would also be re- (a) SHORT TITLE.—This Act may be cited as Commissioner determines that the informa- quired to make a final determination the ‘‘Enforcing Orders and Reducing Cus- tion provided in the petition or the referral, as to whether merchandise subject to toms Evasion Act of 2011’’. as the case may be, is accurate and reason- an investigation under the bill entered (b) TABLE OF CONTENTS.—The table of con- ably suggests that covered merchandise has into the U.S. through an evasion tents for this Act is as follows: been entered into the customs territory of scheme within 120 days after CBP has Sec. 1. Short title; table of contents. the United States through evasion. TITLE I—PROCEDURES ‘‘(B) PETITION DESCRIBED.—A petition de- issued a preliminary determination. scribed in this subparagraph is a petition Sec. 101. Procedures for investigating claims Flexibilities are added to these that— of evasion of antidumping and timelines for cases that are complex. ‘‘(i) is filed with the Commissioner by any countervailing duty orders. All of this would put an end to the party who is an interested party with respect Sec. 102. Application to Canada and Mexico. lollygagging that our domestic pro- to covered merchandise; ducers would desperately like to see TITLE II—OTHER MATTERS ‘‘(ii) alleges that a person has entered cov- ended. Sec. 201. Definitions. ered merchandise into the customs territory Third, the ENFORCE Act would help Sec. 202. Allocation of U.S. Customs and of the United States through evasion; and Border Protection personnel. facilitate information sharing. Our bill ‘‘(iii) is accompanied by information rea- Sec. 203. Regulations. sonably available to the petitioner sup- would establish clear instruction and Sec. 204. Annual report on prevention of eva- porting the allegation. guidelines to promote appropriate in- sion of antidumping and coun- ‘‘(C) REFERRAL DESCRIBED.—A referral de- formation sharing among the various tervailing duty orders. scribed in this subparagraph is information agencies to better combat evasion and Sec. 205. Government Accountability Office submitted to the Commissioner by any other protect consumers from unsafe goods. report on reliquidation author- Federal agency, including the Department of Everyone knows that the more infor- ity. Commerce or the United States Inter- mation law enforcement agencies have, TITLE I—PROCEDURES national Trade Commission, indicating that the better they are able to do their SEC. 101. PROCEDURES FOR INVESTIGATING a person has entered covered merchandise into the customs territory of the United jobs. CLAIMS OF EVASION OF ANTI- DUMPING AND COUNTERVAILING States through evasion. Last and certainly not least, our bill DUTY ORDERS. ‘‘(2) DETERMINATIONS.— would establish accountability. CBP’s (a) IN GENERAL.—The Tariff Act of 1930 is ‘‘(A) PRELIMINARY DETERMINATION.— broad mandate to facilitate trade, en- amended by inserting after section 516A (19 ‘‘(i) IN GENERAL.—Not later than 90 days force trade remedy laws, and protect U.S.C. 1516a) the following: after the date on which the Commissioner

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3446 CONGRESSIONAL RECORD — SENATE May 26, 2011 initiates an investigation under paragraph sioner may, in making a preliminary deter- subparagraph (C), when the Commissioner (1), the Commissioner shall issue a prelimi- mination under subparagraph (A) or a final makes an affirmative preliminary deter- nary determination, based on information determination under subparagraph (B), use mination under paragraph (2)(A), the Com- available to the Commissioner at the time of an inference that is adverse to the interests missioner shall, at the request of the head of the determination, with respect to whether of that person in selecting from among the another Federal agency, transmit the admin- there is a reasonable basis to believe or sus- facts otherwise available to determine istrative record to the head of that agency. pect that the covered merchandise was en- whether evasion has occurred. ‘‘(B) AFTER FINAL DETERMINATION.—Not- tered into the customs territory of the ‘‘(ii) ADVERSE INFERENCE DESCRIBED.—An withstanding section 777 and subject to sub- United States through evasion. adverse inference used under clause (i) may paragraph (C), when the Commissioner ‘‘(ii) EXTENSION.—The Commissioner may include reliance on information derived makes an affirmative final determination extend by not more than 45 days the time pe- from— under paragraph (2)(B), the Commissioner riod specified in clause (i) if the Commis- ‘‘(I) the petition, if any, submitted under shall, at the request of the head of another sioner determines that sufficient informa- paragraph (1)(B) with respect to the covered Federal agency, transmit the complete ad- tion to make a preliminary determination merchandise; ministrative record to the head of that agen- under that clause is not available within ‘‘(II) a determination by the Commissioner cy. that time period or the inquiry is unusually in another investigation under this section; ‘‘(C) PROTECTIVE ORDERS.—Before trans- complex. ‘‘(III) an investigation or review by the ad- mitting an administrative record to the head ‘‘(B) FINAL DETERMINATION.— ministering authority under title VII; or of another Federal agency under subpara- ‘‘(i) IN GENERAL.—Not later than 120 days ‘‘(IV) any other information placed on the graph (A) or (B), the Commissioner shall after making a preliminary determination record. verify that the other agency has in effect under subparagraph (A), the Commissioner ‘‘(F) NOTIFICATION AND PUBLICATION.—Not with respect to the administrative record a shall make a final determination, based on later than 7 days after making a preliminary protective order that provides the same or a substantial evidence, with respect to wheth- determination under subparagraph (A) or a similar level of protection for the informa- er covered merchandise was entered into the final determination under subparagraph (B), tion in the administrative record as the pro- customs territory of the United States the Commissioner shall— tective order in effect with respect to such through evasion. ‘‘(i) provide notification of the determina- information under this subsection. ‘‘(ii) EXTENSION.—The Commissioner may tion to— extend by not more than 60 days the time pe- ‘‘(I) the administering authority; and ‘‘(c) EFFECT OF DETERMINATIONS.— riod specified in clause (i) if the Commis- ‘‘(II) the person that submitted the peti- ‘‘(1) EFFECT OF AFFIRMATIVE PRELIMINARY sioner determines that sufficient information under paragraph (1)(B) or the Federal DETERMINATION.—If the Commissioner makes tion to make a final determination under agency that submitted the referral under a preliminary determination in accordance that clause is not available within that time paragraph (1)(C); and with subsection (b)(2)(A) that there is a rea- period or the inquiry is unusually complex. ‘‘(ii) provide the determination for publica- sonable basis to believe or suspect that cov- ‘‘(C) OPPORTUNITY FOR COMMENT; HEAR- tion in the Federal Register. ered merchandise was entered into the cus- ING.—Before issuing a preliminary deter- ‘‘(3) BUSINESS PROPRIETARY INFORMATION.— toms territory of the United States through mination under subparagraph (A) or a final ‘‘(A) ESTABLISHMENT OF PROCEDURES.—For evasion, the Commissioner shall— determination under subparagraph (B) with each investigation initiated under paragraph ‘‘(A) suspend the liquidation of each unliq- respect to whether covered merchandise was (1), the Commissioner shall establish proce- uidated entry of the covered merchandise entered into the customs territory of the dures for the submission of business propri- that is subject to the preliminary determina- United States through evasion, the Commis- etary information under an administrative tion and that entered on or after the date of sioner shall— protective order that— the initiation of the investigation under ‘‘(i) provide any person alleged to have en- ‘‘(i) protects against public disclosure of paragraph (1); tered the merchandise into the customs ter- such information; and ‘‘(B) review and reassess the amount of ritory of the United States through evasion, ‘‘(ii) for purposes of submitting comments bond or other security the importer is re- and any person that is an interested party to the Commissioner, provides limited access quired to post for each entry of merchandise with respect to the merchandise, with an op- to such information for— described in subparagraph (A); portunity to be heard; ‘‘(I) the person that submitted the petition ‘‘(C) require the posting of a cash deposit ‘‘(ii) upon request, hold a hearing with re- under paragraph (1)(B) or the Federal agency with respect to each entry of merchandise spect to whether the covered merchandise that submitted the referral under paragraph described in subparagraph (A); and was entered into the customs territory of the (1)(C); and ‘‘(D) take such other measures as the Com- United States through evasion; and ‘‘(II) the person alleged to have entered missioner determines appropriate to ensure ‘‘(iii) provide an opportunity for public covered merchandise into the customs terri- the collection of any duties that may be comment. tory of the United States through evasion. owed with respect to merchandise described ‘‘(D) AUTHORITY TO COLLECT AND VERIFY AD- ‘‘(B) ADMINISTRATION IN ACCORDANCE WITH in subparagraph (A) as a result of a final de- DITIONAL INFORMATION.—In making a prelimi- OTHER PROCEDURES.—The procedures estab- termination under subsection (b)(2)(B). nary determination under subparagraph (A) lished under subparagraph (A) shall be ad- ‘‘(2) EFFECT OF NEGATIVE PRELIMINARY DE- or a final determination under subparagraph ministered— TERMINATION.—If the Commissioner makes a (B), the Commissioner— ‘‘(i) to the maximum extent practicable, in preliminary determination in accordance ‘‘(i) shall exercise all existing authorities a manner similar to the manner in which the with subsection (b)(2)(A) that there is not a to collect information needed to make the administering authority administers the ad- reasonable basis to believe or suspect that determination; and ministrative protective order procedures covered merchandise was entered into the ‘‘(ii) may collect such additional informa- under section 777; customs territory of the United States tion as is necessary to make the determina- ‘‘(ii) in accordance with section 1905 of through evasion, the Commissioner shall tion through such methods as the Commis- title 18, United States Code; and continue the investigation and notify the ad- sioner considers appropriate, including by— ‘‘(iii) in a manner that is consistent with ministering authority pending a final deter- ‘‘(I) issuing a questionnaire with respect to the obligations of the United States under mination under subsection (b)(2)(B). covered merchandise to— the Agreement on Implementation of Article ‘‘(3) EFFECT OF AFFIRMATIVE FINAL DETER- ‘‘(aa) a person that filed a petition under VII of the General Agreement on Tariffs and MINATION.—If the Commissioner makes a paragraph (1)(B); Trade 1994 (referred to in section 101(d)(8) of final determination in accordance with sub- ‘‘(bb) a person alleged to have entered cov- the Uruguay Round Agreements Act (19 section (b)(2)(B) that covered merchandise ered merchandise into the customs territory U.S.C. 3511(d)(8)) (relating to customs valu- was entered into the customs territory of the of the United States through evasion; or ation). United States through evasion, the Commis- ‘‘(cc) any other person that is an interested ‘‘(C) DISCLOSURE OF BUSINESS PROPRIETARY sioner shall— party with respect to the covered merchan- INFORMATION.—The Commissioner shall, in ‘‘(A) suspend or continue to suspend, as the dise; or accordance with the procedures established case may be, the liquidation of each entry of ‘‘(II) conducting verifications, including under subparagraph (A) and consistent with the covered merchandise that is subject to on-site verifications, of any relevant infor- subparagraph (B), make all business propri- the determination and that enters on or mation. etary information presented to, or obtained after the date of the determination; ‘‘(E) ADVERSE INFERENCE.— by, the Commissioner during an investiga- ‘‘(B) notify the administering authority of ‘‘(i) IN GENERAL.—If the Commissioner tion available to the persons specified in sub- the determination and request that the ad- finds that a person that filed a petition paragraph (A)(ii) under an administrative ministering authority— under paragraph (1)(B), a person alleged to protective order, regardless of when such in- ‘‘(i) identify the applicable antidumping or have entered covered merchandise into the formation is submitted during an investiga- countervailing duty assessment rate for the customs territory of the United States tion. entries for which liquidation is suspended through evasion, or a foreign producer or ex- ‘‘(4) REFERRALS TO OTHER FEDERAL AGEN- under paragraph (1)(A) or subparagraph (A) porter, has failed to cooperate by not acting CIES.— of this paragraph; or to the best of the person’s ability to comply ‘‘(A) AFTER PRELIMINARY DETERMINATION.— ‘‘(ii) if no such assessment rates are avail- with a request for information, the Commis- Notwithstanding section 777 and subject to able at the time, identify the applicable cash

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3447 deposit rate to be applied to the entries de- section (b)(2) shall affect the authority of the SEC. 202. ALLOCATION OF U.S. CUSTOMS AND scribed in subparagraph (A), with the appli- Commissioner— BORDER PROTECTION PERSONNEL. cable antidumping or countervailing duty ‘‘(A) to pursue such other enforcement (a) REASSIGNMENT AND ALLOCATION.—The assessment rates to be provided as soon as measures with respect to the evasion of anti- Commissioner shall, to the maximum extent such rates become available; dumping or countervailing duties as the possible, ensure that U.S. Customs and Bor- ‘‘(C) require the posting of cash deposits Commissioner determines necessary, includ- der Protection— and assess duties on each entry of merchan- ing enforcement measures described in (1) employs sufficient personnel who have dise described in subparagraph (A) in accord- clauses (i) through (iv) of subsection expertise in, and responsibility for, pre- ance with the instructions received from the (c)(3)(E); or venting the entry of covered merchandise administering authority under paragraph (5); ‘‘(B) to assess any penalties or collect any into the customs territory of the United ‘‘(D) review and reassess the amount of applicable duties, taxes, and fees, including States through evasion; and bond or other security the importer is re- pursuant to section 592. (2) on the basis of risk assessment metrics, quired to post for merchandise described in ‘‘(2) EFFECT OF DETERMINATIONS ON FRAUD assigns sufficient personnel with primary re- subparagraph (A) to ensure the protection of ACTIONS.—Neither a preliminary determina- sponsibility for preventing the entry of cov- revenue and compliance with the law; and tion nor a final determination under sub- ered merchandise into the customs territory ‘‘(E) take such additional enforcement section (b)(2) shall be determinative in a proof the United States through evasion to the measures as the Commissioner determines ceeding under section 592. ports of entry in the United States at which appropriate, such as— ‘‘(3) NEGLIGENCE OR INTENT.—The Commis- the Commissioner determines potential eva- ‘‘(i) initiating proceedings under section sioner shall investigate and make a prelimi- sion presents the most substantial threats to 592 or 596; nary determination or a final determination the revenue of the United States. ‘‘(ii) implementing, in consultation with under this section with respect to whether a (b) COMMERCIAL ENFORCEMENT OFFICERS.— the relevant Federal agencies, rule sets or person has entered covered merchandise into Not later than September 30, 2011, the Sec- modifications to rules sets for identifying, the customs territory of the United States retary of Homeland Security, the Commis- particularly through the Automated Tar- through evasion without regard to whether sioner, and the Assistant Secretary for U.S. geting System and the Automated Commer- the person— Immigration and Customs Enforcement shall cial Environment, importers, other parties, ‘‘(A) intended to violate an antidumping assess and properly allocate the resources of and merchandise that may be associated duty order or countervailing duty order U.S. Customs and Border Protection and with evasion; under section 736 or 706, respectively, or a U.S. Immigration and Customs Enforce- ‘‘(iii) requiring, with respect to merchan- finding issued under the Antidumping Act, ment— dise for which the importer has repeatedly 1921; or (1) to effectively implement the provisions provided incomplete or erroneous entry sum- ‘‘(B) exercised reasonable care with respect of, and amendments made by, this Act; and mary information in connection with deter- to avoiding a violation of such an order or (2) to improve efforts to investigate and minations of evasion, the importer to submit finding.’’. combat evasion. SEC. 203. REGULATIONS. entry summary documentation and to de- (b) TECHNICAL AMENDMENT.—Clause (ii) of posit estimated duties at the time of entry; section 777(b)(1)(A) of the Tariff Act of 1930 (a) IN GENERAL.—Not later than 240 days ‘‘(iv) referring the record in whole or in (19 U.S.C. 1677f(b)(1)(A)) is amended to read after the date of the enactment of this Act, part to U.S. Immigration and Customs En- as follows: the Commissioner shall issue regulations to forcement for civil or criminal investigation; ‘‘(ii) to an officer or employee of U.S. Cus- carry out this title and the amendments and toms and Border Protection who is directly made by title I. (b) COOPERATION BETWEEN U.S. CUSTOMS ‘‘(v) transmitting the administrative involved in conducting an investigation re- AND BORDER PROTECTION, U.S. IMMIGRATION record to the administering authority for garding fraud under this title or claims of AND CUSTOMS ENFORCEMENT, AND DEPART- further appropriate proceedings. evasion under section 516B.’’. MENT OF COMMERCE.—Not later than 240 days ‘‘(4) EFFECT OF NEGATIVE FINAL DETERMINA- (c) JUDICIAL REVIEW.—Section 516A(a)(2) of after the date of the enactment of this Act, TION.—If the Commissioner makes a final de- the Tariff Act of 1930 (19 U.S.C. 1516a(a)(2)) is the Commissioner, the Assistant Secretary termination in accordance with subsection amended— for U.S. Immigration and Customs Enforce- (b)(2)(B) that covered merchandise was not (1) in subparagraph (A)— ment, and the Secretary of Commerce shall entered into the customs territory of the (A) in clause (i)(III), by striking ‘‘or’’ at establish procedures to ensure maximum co- United States through evasion, the Commis- the end; operation and communication between U.S. sioner shall terminate the suspension of liq- (B) in clause (ii), by adding ‘‘or’’ at the Customs and Border Protection, U.S. Immi- uidation pursuant to paragraph (1)(A) and re- end; and gration and Customs Enforcement, and the fund any cash deposits collected pursuant to (C) by inserting after clause (ii) the fol- Department of Commerce in order to quick- paragraph (1)(C) that are in excess of the lowing: ly, efficiently, and accurately investigate al- cash deposit rate that would otherwise have ‘‘(iii) the date of publication in the Federal legations of evasion under section 516B of the been applicable the merchandise. Register of a determination described in Tariff Act of 1930 (as added by section 101 of ‘‘(5) COOPERATION OF ADMINISTERING AU- clause (ix) of subparagraph (B),’’; and this Act). THORITY.— (2) in subparagraph (B), by adding at the SEC. 204. ANNUAL REPORT ON PREVENTION OF ‘‘(A) IN GENERAL.—Upon receiving a notifi- end the following new clause: EVASION OF ANTIDUMPING AND cation from the Commissioner under para- ‘‘(ix) A determination by the Commis- COUNTERVAILING DUTY ORDERS. graph (3)(B), the administering authority sioner responsible for U.S. Customs and Bor- (a) IN GENERAL.—Not later than February shall promptly provide to the Commissioner der Protection under section 516B that mer- 28 of each year, beginning in 2012, the Com- the applicable cash deposit rates and anti- chandise has been entered into the customs missioner, in consultation with the Sec- dumping or countervailing duty assessment territory of the United States through eva- retary of Commerce, shall submit to the ap- rates and any necessary liquidation instruc- sion.’’. propriate congressional committees a report tions. (d) FINALITY OF DETERMINATIONS.—Section on the efforts being taken pursuant to sec- ‘‘(B) SPECIAL RULE FOR CASES IN WHICH THE 514(b) of the Tariff Act of 1930 (19 U.S.C. tion 516B of the Tariff Act of 1930 (as added PRODUCER OR EXPORTER IS UNKNOWN.—If the 1514(b)) is amended by striking ‘‘section 303’’ by section 101 of this Act) to prevent the Commissioner and administering authority and all that follows through ‘‘which are re- entry of covered merchandise into the cus- are unable to determine the producer or ex- viewable’’ and inserting ‘‘section 516B or toms territory of the United States through porter of the merchandise with respect to title VII that are reviewable’’. evasion. which a notification is made under para- SEC. 102. APPLICATION TO CANADA AND MEXICO. (b) CONTENTS.—Each report required under graph (3)(B), the administering authority Pursuant to article 1902 of the North Amer- subsection (a) shall include— shall identify, as the applicable cash deposit ican Free Trade Agreement and section 408 (1) for the fiscal year preceding the submis- rate or antidumping or countervailing duty of the North American Free Trade Agree- sion of the report— assessment rate, the cash deposit or duty (as ment Implementation Act (19 U.S.C. 3438), (A) the number and a brief description of the case may be) in the highest amount ap- the amendments made by this title shall petitions and referrals received pursuant to plicable to any producer or exporter, includ- apply with respect to goods from Canada and section 516B(b)(1) of the Tariff Act of 1930 (as ing the ‘all-others’ rate of the merchandise Mexico. added by section 101 of this Act); subject to an antidumping order or counter- (B) the results of the investigations initi- vailing duty order under section 736 or 706, TITLE II—OTHER MATTERS ated under such section, including any re- respectively, or a finding issued under the SEC. 201. DEFINITIONS. lated enforcement actions, and the amount Antidumping Act, 1921, or any administra- In this title, the terms ‘‘appropriate con- of antidumping and countervailing duties tive review conducted under section 751. gressional committees’’, ‘‘Commissioner’’, collected as a result of those investigations; ‘‘(d) SPECIAL RULES.— ‘‘covered merchandise’’, ‘‘enter’’ and and ‘‘(1) EFFECT ON OTHER AUTHORITIES.—Nei- ‘‘entry’’, and ‘‘evade’’ and ‘‘evasion’’ have (C) to the extent appropriate, a summary ther the initiation of an investigation under the meanings given those terms in section of the efforts of U.S. Customs and Border subsection (b)(1) nor a preliminary deter- 516B(a) of the Tariff Act of 1930 (as added by Protection, other than efforts initiated pur- mination or a final determination under subsection 101 of this Act). suant section 516B of the Tariff Act of 1930

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3448 CONGRESSIONAL RECORD — SENATE May 26, 2011 (as added by section 101 of this Act), to pre- cial return to the Federal Government in ne- Mexico affected by the Deepwater Hori- vent the entry of covered merchandise into gotiating the terms of such contract. zon oil spill, and for other purposes; to the customs territory of the United States (2) AMOUNT OF ENRICHMENT.—The Secretary the Committee on Commerce, Science, through evasion; and shall, during each year of the pilot program and Transportation. (2) for the 3 fiscal years preceding the sub- under this subsection, conduct uranium re- Mr. ROCKEFELLER. Mr. President, I mission of the report, an estimate of— enrichment under such program in an (A) the amount of covered merchandise amount (measured in separative work units) rise today to reintroduce legislation that entered the customs territory of the equal to approximately 25 percent of the ag- previously sponsored by a Member of United States through evasion; and gregate uranium enrichment conducted in the Commerce Science and Transpor- (B) the amount of duties that could not be the United States during calendar year 2010. tation Committee in the 111th Congress collected on such merchandise because the (3) ECONOMIC VIABILITY.—For purposes of that would direct funds from the ad- Commissioner did not have the authority to paragraph (1), uranium shall be considered ministrative, civil, and criminal pen- reliquidate the entries of such merchandise. economically viable if the cost to the United alties stemming from the Deepwater SEC. 205. GOVERNMENT ACCOUNTABILITY OF- States of the reenrichment thereof, includ- Horizon oil spill to fund coastal and FICE REPORT ON RELIQUIDATION ing the costs of the contract entered into marine restoration, research and edu- AUTHORITY. under paragraph (1), are less than the rev- Not later than 60 days after the date of the enue anticipated from the sale of the re- cation, as well as promote tourism and enactment of this Act, the Comptroller Gen- enriched uranium. economic development in the coastal eral of the United States shall submit to the (b) COMMENCEMENT OF REENRICHMENT AC- Gulf states. The bill that I introduce appropriate congressional committees, and TIVITIES.—Reenrichment activities under the today, the Gulf Coast Restoration Act, make available to the public, a report esti- contract entered into under subsection (a) is identical to the bill by the same mating the amount of duties that could not shall commence as soon as possible, but no name introduced in the 111th Congress be collected on covered merchandise that en- later than June 1, 2012. and referred to the Commerce, Science, tered the customs territory of the United (c) SALE OF REENRICHED URANIUM.—The Secretary may from time to time sell the re- and Transportation Committee. States through evasion during fiscal years To remind my colleagues, under Sen- 2009 and 2010 because the Commissioner did enriched uranium generated pursuant to the not have the authority to reliquidate the en- contract entered into under subsection (a). ate Rule XXV(f), the Commerce Com- tries of such merchandise. (d) ALLOCATION AND USE OF PROCEEDS.— mittee possesses broad jurisdiction, in- Any funds received by the Secretary from cluding over ‘‘Coast Guard . . . coastal By Mr. MCCONNELL (for himself the sale of reenriched uranium generated zone management . . . interstate com- pursuant to the contract entered into under and Mr. PAUL): merce . . . marine and ocean naviga- S. 1135. A bill to provide for the re- subsection (a) shall be allocated as follows: tion, safety and transportation, includ- (1) First, such funds shall be available to enrichment of certain depleted ura- the Secretary, without further appropriation ing navigational aspects of deepwater nium owned by the Department of En- and without fiscal year limitation, to carry ports . . . marine fisheries . . . mer- ergy, and for the sale or barter of the out this section, including amounts required chant marine and navigation . . . resulting reenriched uranium, and for to be paid under the contract entered into oceans . . . regulation of consumer other purposes; to the Committee on under subsection (a). products and services including testing Energy and Natural Resources. (2) Any amounts not required for the pur- related to toxic substances . . . Mr. MCCONNELL. Mr. President, I poses described in paragraph (1) shall be science, engineering, and technology ask unanimous consent that the text of transferred to the Uranium Enrichment De- research and development and policy contamination and Decommissioning Fund . . . transportation, and the transpor- the bill be printed in the RECORD. established in section 1801 of the Atomic En- There being no objection, the text of ergy Act of 1954 (42 U.S.C. 2297g), to be avail- tation and commerce aspects of Outer the bill was ordered to be printed in able for use, without further appropriation Continental Shelf Lands.’’ As Chair- the RECORD, as follows: and without fiscal year limitation. man of the Committee I am well aware S. 1135 SEC. 4. DEPLETED URANIUM. that individual Members of my Com- Be it enacted by the Senate and House of Rep- (a) TITLE AND RESPONSIBILITY FOR DISPOSI- mittee have strong views on all of resentatives of the United States of America in TION.—The Secretary shall assume title to, these issues. Congress assembled, and responsibility for the disposition of, all In the coming weeks, the Commerce SECTION 1. SHORT TITLE. depleted uranium generated pursuant to the Committee will be reviewing and con- This Act may be cited as the ‘‘Energy and contract entered into under section 3(a). sidering a legislative package in a re- (b) FUNDING FOR REENRICHMENT.—To pro- Revenue Enrichment Act of 2011’’. vide funding for payments under the con- newed effort to respond the Gulf oil SEC. 2. DEFINITIONS. tract entered into under section 3(a), the spill. My introduction of the bill today In this Act: Secretary may— is intended to clearly establish that (1) DEPARTMENT.—The term ‘‘Department’’ (1) assume title to, and responsibility for the Commerce Committee continues to means the Department of Energy. the disposition of, depleted uranium in addi- hold strong views about how to direct (2) ENRICHMENT PLANT.—The term ‘‘enrich- tion to the depleted uranium specified in funding from the assessed penalties ment plant’’ means a uranium enrichment subsection (a); and plant owned by the Department of Energy back to restoring the Gulf economy (2) transfer to the qualified operator title and environment. It is also intended to with respect to which the Nuclear Regu- to uranium generated as a result of the re- latory Commission has made a determina- enrichment pursuant to the contract entered assert the Commerce Committee will tion of compliance under section 1701(b)(2) of into under section 3(a). conduct its oversight over the pro- the Atomic Energy Act of 1954 (42 U.S.C. SEC. 5. LIMITATION ON FEDERAL URANIUM motion of commerce, as well as over 2297f(b)(2)). SALES. ocean and coastal programs, and re- (3) QUALIFIED OPERATOR.—The term ‘‘quali- (a) INITIAL PERIOD.—Notwithstanding sec- serve its rights to review and consider fied operator’’ means a company that has ex- tion 3112(d) of the USEC Privatization Act the authorization of programs needed perience in operating an enrichment plant (42 U.S.C. 2297h—10(d)), during the 24 month under Nuclear Regulatory Commission au- to support the economic recovery of pilot program and the subsequent 24 months the Gulf, and the long term restoration thorization and has the ability and work- after that program is complete, the Sec- force to enrich the depleted uranium that is retary may not during any calendar year sell of Gulf ecosystems. Finally, introduc- owned by the Department of Energy. an amount of uranium that exceeds 15 per- tion of this bill is intended to provide (4) REENRICHMENT.—The term ‘‘reenrich- cent of the United States’ domestic uranium Commerce Committee Members with ment’’ means increasing the weight percent supply for that year. the opportunity to ensure that needed of U–235 in uranium in order to make the (b) SUBSEQUENT PERIOD.—After the expira- baseline science is put in place, along uranium usable. tion of the 48 month period described in sub- with emergency response technology (5) SECRETARY.—The term ‘‘Secretary’’ section (a), the Secretary may not during and programs, to support improved off- means the Secretary of Energy. any calendar year sell an amount of uranium shore energy decisions in the future. I SEC. 3. REENRICHMENT CONTRACT. that exceeds 10 percent of the United States’ look forward to revising this bill fol- (a) IN GENERAL.— domestic uranium supply for that year, ex- (1) REQUIREMENT.—The Secretary shall cept to the extent that the Secretary deter- lowing introduction to reflect the enter into a contract with a qualified oper- mines that such sales will have no signifi- views of the Committee. ator for a 24 month pilot program for the recant effect on uranium markets. enrichment at an enrichment plant of the de- By Mr. AKAKA (for himself, Mr. pleted uranium described in section 2(3) that By Mr. ROCKEFELLER: INOUYE, and Mr. MENENDEZ): the Secretary finds economically viable. The S. 1140. A bill to provide for restora- S. 1141. A bill to exempt children of Secretary shall seek to maximize the finan- tion of the coastal areas of the Gulf of certain Filipino World War II veterans

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3449 from the numerical limitations on im- a half century, and my bill would remove about the country or travel over- migrant visas and for other purposes; unite the Filipino veterans, now in seas remains unclear. Further, more to the Committee on the Judiciary. their 80s and 90s, with their children at than 2,000 other political prisoners re- Mr. AKAKA. Mr. President, I rise long last. main behind bars in Burma; they are today to speak about legislation that The Filipino veterans and their chil- no better off than before. Neither are would remove the obstacles preventing dren have been kept apart for far too the hundreds of thousands of refugees Filipino veterans of World War II from long, and I urge my colleagues to join and displaced persons who are without being united with their children, a sit- me in making their long-awaited re- a home due to the repressive policies of uation whose roots reach back almost union possible. the junta. eight decades. Finally, it is worth noting that there The Philippine Independence Act of By Mr. MCCONNELL (for himself, 1934 established the Philippines, a U.S. Mrs. FEINSTEIN Mr. MCCAIN, are growing national security factors possession since 1898, as a common- and Mr. DURBIN): that cause one to be even more reluc- wealth with certain powers over its in- S.J. Res. 17. A joint resolution ap- tant than ever to remove sanctions and ternal affairs but with sovereign power proving the renewal of import restric- reward bad behavior. The junta’s in- retained by the United States. The Act tions contained in the Burmese Free- creasingly close bilateral military rela- also established a ten-year timetable dom and Democracy Act of 2003; to the tionship with North Korea is a source for the commonwealth to achieve inde- Committee on Finance. of much concern in this vein. pendence from the United States. Mr. MCCONNELL. Mr. President, For all of these reasons, I believe the In early 1941, in the face of Japan’s today, I rise along with my colleagues, sanctions that are in place should re- military aggression in Asia, President Senators FEINSTEIN, MCCAIN and DUR- main until true democratic reform has Franklin D. Roosevelt invoked his au- BIN, to introduce renewal of sanctions been instituted. That is the position of thority, based on the retention of U.S. against the military junta in Burma. Suu Kyi herself and of the NLD. It is sovereign power over the Philippines to The casual observer could be excused also the position of the Obama admin- ‘‘call and order into the service of the for thinking that things have changed istration. In a State Department letter Armed Forces of the United States all for the better in Burma over the past dated April 27, the State Department of the organized military forces of the year. After all, elections were held last states that ‘‘in the absence of meaning- Government of the Commonwealth of fall, a ‘‘new’’ regime took office earlier ful reforms, the U.S. government the Philippines.’’ this year, Aung San Suu Kyi was freed should maintain its sanctions on In January of 1942, a month after it and the lead Burmese general Than Burma.’’ As Suu Kyi herself recently attacked Pearl Harbor, Japan invaded Shwe seemed to retire from political stated, ‘‘[s]o far’’ there hasn’t been the Philippines and occupied the com- life. However, in Burma as is so often ‘‘any meaningful change’’ since the No- monwealth until August 1945. the case, things are not what they vember elections. Two months later, in March of 1942, seem. And that is certainly the case We should not be fooled by the trans- Congress and President Roosevelt en- here. parent efforts of the regime. It is mere- acted the Second War Powers Act, First, the elections that were held in ly trying to get out from under the which included the Nationality Act of November took place without the ben- international cloud of sanctions, with- 1940 that authorized the naturalization efit of international election monitors. out making true changes in how it gov- of all aliens serving in the U.S. armed All reputable observers termed the erns itself, treats its people and inter- forces. elections not to be free or fair. This acts with the rest of the world. The 200,000 Filipinos that served in was in large part because the National the U.S. armed forces were critical to League for Democracy, NLD, Suu Kyi’s It is my hope that my colleagues will the Philippine resistance and to the is- party and the overwhelming winner of once again renew this bipartisan meas- land’s liberation in August 1945. Ap- the last free elections in the country in ure that in 2010 enjoyed the support of proximately 7,000 Filipinos who served 1990, was effectively banned by the 68 Senate cosponsors and was adopted outside the Philippines were natural- junta and could not participate in the 99–1. The bill is identical to last year’s ized pursuant to the Nationality Act of election. There were restrictions in that it does the following: continues 1940 while another 4,000 who served in- placed on how other political parties the ban on imports from Burma into side the Philippines were naturalized could form and campaign. No criticism the U.S., including products containing between the liberation of the Phil- of the junta could be voiced. And the rubies and jadeite; authorizes the freez- ippines in August 1945 and the expira- results were unsurprising: the regime’s ing of assets against a number of Bur- tion of the Act on December 31, 1946. handpicked candidates won big and the mese leaders; prevents the U.S. from In 1990, my distinguished colleague democratic opposition was largely side- supporting loans for Burma in inter- Senator DANIEL K. INOUYE was instru- lined. national financial institutions; pro- mental in enacting the Immigration Second, the new regime is essentially hibits the issuance of visas to junta of- Act of 1990. This law offered Filipino the junta with only the thinnest demo- ficials; and limits the use of cor- veterans who had not been naturalized cratic veneer pulled over it. The Con- respondent accounts that may facili- pursuant to the Nationality Act of 1940, stitution, which places great power in tate services for the regime’s leaders. the opportunity to obtain U.S. citizen- the military as it is, cannot be amend- These measures would remain in place ship. ed without the blessing of the armed until the regime undertakes meaning- Of the Filipino veterans who were forces. Those in parliament are limited ful steps toward democratization and naturalized for their service in the U.S. in how they can criticize the regime. reconciliation. armed forces, many chose to become Moreover, sitting atop these new insti- Mr. President, I ask unanimous con- U.S. residents. Because the offer of nat- tutions is rumored to be a shadowy sent that the text of the joint resolu- uralization did not extend to their chil- panel known as the State Supreme tion and a letter of support be printed dren, these men filed permanent resi- Council, which is nowhere mentioned in the RECORD. dent status petitions for their children in the Constitution, and which is led who remained in the Philippines. by, you guessed it, the military. There being no objection, the mate- Sadly, those children, now adults, have The only legitimately good news of rial was ordered to be printed in the languished on the visa waiting list for late was the freeing of Suu Kyi. I was RECORD, as follows: decades because of backlogs and visa fortunate enough to be able to speak S.J. RES. 17 limits. with her for the first time earlier this My bill, the Filipino Veterans Fam- year. Yet, the extent of her freedom re- Resolved by the Senate and House of Rep- ily Reunification Act of 2011, would ex- mains open to question. She was, of resentatives of the United States of America in Congress assembled, That Congress approves empt the children in question from the course, freed only following the sham the renewal of the import restrictions con- numerical limitation on visas. Family election. She and her party have also tained in section 3(a)(1) and section 3A(b)(1) unification has been the centerpiece of been publicly threatened by the re- and (c)(1) of the Burmese Freedom and De- U.S. Immigration policy for more than gime; thus, the extent to which she can mocracy Act of 2003.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3450 CONGRESSIONAL RECORD — SENATE May 26, 2011 U.S. DEPARTMENT OF STATE, The regime’s intent was clear: keep As called for in the original Burmese Washington, DC, April 22, 2011. the voice of the true leader of Burma Freedom and Democracy Act, we must Hon. MITCH MCCONNELL, silent long enough until they could so- stand by the people of Burma and keep U.S. Senate, lidify their grip on power using the the pressure on the military regime to Washington, DC. DEAR SENATOR MCCONNELL: Thank you for false veneer of a democratic process. end violations of internationally recog- your letter of March 29 regarding sanctions Neither I, the people of Burma, nor nized human rights; release all polit- and the nomination of a Special Representa- the international community were ical prisoners; allow freedom of speech tive and Policy Coordinator for Burma. fooled. and press; allow freedom of association; On April 14, President Obama nominated We all know that the last truly free permit the peaceful exercise of reli- Derek Mitchell as the Special Representa- parliamentary elections were over- gion; and bring to a conclusion an tive and Policy Coordinator for Burma. Cur- rently serving as the Defense Department’s whelmingly won by Suu Kyi and her agreement between the military re- Principal Deputy Assistant Secretary for De- National League for Democracy in 1990 gime and the National League for De- fense for Asian and Pacific Security Affairs, but annulled by the military junta. mocracy and Burma’s ethnic minori- Derek Mitchell has both the regional exper- This new constitution was drafted in ties on the restoration of a democratic tise and diplomatic acumen to successfully secret and without the input of the government. enhance our coordination of Burma policy. democratic opposition led by Suu Kyi Until the regime changes its behavior We will be submitting his nomination short- and her National League for Democ- and embraces positive, democratic ly for your advice and consent. racy. As you note, Burma’s elections were nei- change, we have no choice but to press ther free nor fair and the regime continues It set aside 25 percent of the seats in on with the import ban as a part of a its repressive policies and human rights the new 440 seat House of Representa- strong sanctions regime. tives for the military. abuses. We agree with you and the National This also includes tough banking This would be in addition to the seats League for Democracy’s conclusions that, in sanctions. the absence of meaningful reforms, the U.S. won by the ‘‘Union Solidarity and De- government should maintain its sanctions on velopment Party’’ founded by the mili- I would like to take this opportunity Burma. We look forward to soon having Mr. tary junta’s Prime Minister Thein Sein to once again urge the administration Mitchell as the Special Representative in and 22 of his fellow cabinet members to put additional pressure on the ruling place to coordinate multilateral sanctions as who resigned from the army to form military junta by exercising the au- called for by Section 7 of the Tom Lantos the ‘‘civilian’’ political party. thority for additional banking sanc- Block JADE (Junta’s Anti-Democratic Ef- tions on its leaders and followers as forts) Act. It barred Suu Kyi from running in We hope this information is helpful. Please the parliamentary elections. mandated by section 5 of the Tom Lan- do not hesitate to contact us if we can be of And it forced the National League for tos Block Burmese Junta’s Anti-Demo- further assistance on this or any other mat- Democracy to shut its doors because it cratic Efforts Act. ter. would not kick Suu Kyi out of the Some of my colleagues may be con- Sincerely, party. cerned about the effectiveness of the JOSEPH E. MACMANUS, It should come as no surprise that import ban and other sanctions on Acting Assistant Secretary, Legislative Affairs. the military backed party won nearly Burma and the impact on the people of Burma. Mrs. FEINSTEIN. Mr. President, I 80 percent of the seats in the new par- rise again today with my friend and liament. I understand their concerns. I am dis- In addition to preventing Suu Kyi colleague from Kentucky, Senator appointed that we have not seen more and the National League for Democ- MCCONNELL, to submit the joint resolu- progress towards freedom and democracy from competing in the elections, tion to renew the import ban on Burma racy in Burma. the regime ensured that no inter- for another year. But let us listen to the voice of the We are proud to be joined in this ef- national monitors would oversee the democratic opposition in Burma about fort by two champions for democracy, elections and journalists would be pro- the sanctions policy of the United human rights, and the rule of law in hibited from covering the election from States and the international commu- inside Burma. Burma, Senators MCCAIN and DURBIN, nity. President Obama correctly stated and we look forward to swift action by A paper released by Aung San Suu that the elections ‘‘were neither free the Congress and the President on this Kyi and the National League for De- nor fair, and failed to meet any of the important matter. mocracy argues that these sanctions internationally accepted standards as- Congressman JOSEPH CROWLEY and are not targeted at the general popu- sociated with legitimate elections.’’ Congressman PETER KING are intro- lation and are not to blame for the eco- The National League for Democracy ducing this resolution in the House and nomic ills of the country. described the elections and the forma- I appreciate their leadership and sup- Rather, the economy suffers due to port. tion of a new government as reducing ‘‘democratization in Burma to a par- mismanagement, cronyism, corruption Since we last debated the import ban and the lack of the rule of law. on the Senate floor, we have received ody.’’ The best way for the Burmese gov- one bit of good news, but also, sadly, Indeed, the new parliament elected ernment to get the sanctions lifted, the more confirmation on the urgent need Thein Sein, the last prime minister of paper argues, is to make progress on to keep the pressure on the ruling mili- the junta’s State Peace and Develop- democracy, human rights, and the rule tary regime. ment Council, as Burma’s new presi- On November 13, 2010, Nobel Peace dent. of law. Prize laureate and leader of the demo- He is reported to be heavily influ- It concludes: cratic opposition, Aung San Suu Kyi, enced by Burma’s senior military lead- Now more than ever there is an urgent was released from house arrest. er and former head of state, General need to call for an all inclusive political While her latest detention lasted Than Shwe. process. The participation of a broad spec- more than 71⁄2 years, she had spent the So, the names change—the State Law trum of political forces is essential to the better part of the past 20 years in pris- and Order Restoration Council, the achievement of national reconciliation in on or under house arrest. State Peace and Development Council, Burma. Progress in the democratization Her release was wonderful news for the Union Solidarity and Development process, firmly grounded in national reconciliation, and the release of political pris- those of us who have been inspired by Party—but the faces, and the lack of oners should be central to any consideration her courage, her dedication to peace democracy, human rights, and the rule of changes in sanctions policies. and her tireless efforts for freedom and of law, remain the same. democracy for the people of Burma. So, while we celebrate the release of I agree. Yet our joy was tempered by the fact Aung San Suu Kyi, we recognize that So, let us once again do our part and that her release came just days after Burma is not yet free and the regime stand in solidarity with Aung San Suu fraudulent and illegitimate elections has failed to take the necessary actions Kyi and the people of Burma. for a new parliament based on a sham which allow for the import ban to be I urge my colleagues to support this constitution. lifted. important legislation.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3451 SUBMITTED RESOLUTIONS Mink, the first Asian-American Congress- (2) encourages the celebration during woman, and Norman Y. Mineta, the first Asian/Pacific American Heritage Month of Asian-American member of a presidential the significant contributions Asian-Ameri- SENATE RESOLUTION 200—RECOG- cabinet, have made significant strides in the cans and Pacific Islanders have made to the NIZING THE SIGNIFICANCE OF political and military realms; United States; and THE DESIGNATION OF THE Whereas the Presidential Cabinet of the (3) recognizes that the Asian-American and Obama Administration includes a record 3 Pacific Islander community strengthens and MONTH OF MAY AS ASIAN/PA- Asian-Americans, including Secretary of En- enhances the rich diversity of the United CIFIC AMERICAN HERITAGE ergy Steven Chu, Secretary of Commerce States. MONTH Gary Locke, and Secretary of Veterans Af- f Mr. AKAKA (for himself, Mr. INOUYE, fairs Eric Shinseki; Whereas in 2011, the Congressional Asian SENATE RESOLUTION 201—EX- Mrs. MURRAY, Mrs. FEINSTEIN, and Mr. Pacific American Caucus, a bicameral cau- PRESSING THE REGRET OF THE REID of Nevada) submitted the fol- cus of Members of Congress advocating on SENATE FOR THE PASSAGE OF lowing resolution; which was referred behalf of Asian-Americans and Pacific Is- DISCRIMINATORY LAWS to the Committee on the Judiciary: landers, includes 30 Members of Congress; AGAINST THE CHINESE IN AMER- S. RES. 200 Whereas Asian-Americans and Pacific Is- ICA, INCLUDING THE CHINESE Whereas each May, the people of the landers have made history by assuming of- EXCLUSION ACT fice in a number of new and historically sig- United States join together to pay tribute to Mr. BROWN of Massachusetts (for the contributions of the generations of nificant positions, including Nikki Haley, Asian-Americans and Pacific Islanders who the first Asian-American and first female himself, Mrs. FEINSTEIN, Mr. HATCH, have enriched the history of the United Governor of the State of South Carolina, Mrs. MURRAY, Mr. CARDIN, Mr. RUBIO, States; Edwin M. Lee, the first Asian-American and Mr. AKAKA) submitted the fol- Whereas the history of Asian-Americans Mayor of San Francisco, California, and Jean lowing resolution; which was referred and Pacific Islanders in the United States is Quan, the first Asian-American and first to the Committee on the Judiciary: woman to serve as Mayor of Oakland, Cali- inextricably tied to the history of the United S. RES. 201 fornia; States; Whereas many Chinese came to the United Whereas as of 2011, according to the United Whereas as of the date of approval of this resolution, Asian-American and Pacific Is- States in the 19th and 20th centuries, as did States Census Bureau, the Asian-American people from other countries, in search of the and Pacific Islander community is 1 of the lander leaders are serving in State legisla- tures across the United States in record opportunity to create a better life for them- fastest growing and most diverse populations selves and their families; in the United States and is comprised of numbers, including in the States of Alaska, Arizona, California, Connecticut, Georgia, Whereas the contributions of persons of more than 45 distinct ethnicities and more Chinese descent in the agriculture, mining, than 28 language groups; Hawaii, Idaho, Iowa, Maryland, New Jersey, New York, Ohio, Pennsylvania, Texas, Vir- manufacturing, construction, fishing, and Whereas the 2010 United States Census es- canning industries were critical to estab- timates that there are— ginia, Utah, and Washington; Whereas Asian-Americans and Pacific Is- lishing the foundations for economic growth (1) 17,300,000 United States residents who in the Nation, particularly in the western identify themselves as Asian alone or in landers have risen to some of the highest staff levels in the Obama Administration, in- United States; combination with 1 or more other races; and Whereas United States industrialists re- (2) 1,200,000 United States residents who cluding Pete Rouse, who is the first Asian- American to serve as White House Chief of cruited thousands of Chinese workers to as- identify themselves as Native Hawaiian and sist in the construction of the Nation’s first other Pacific Islander alone or in combina- Staff, Tina Tchen, Chief of Staff to First Lady Michelle Obama, Chris Lu, White major national transportation infrastruc- tion with 1 or more other races; ture, the Transcontinental Railroad; Whereas the United States Census Bureau House Cabinet Secretary, Neal Katyal, Act- ing Solicitor General of the United States, Whereas Chinese laborers, who made up projects that by the year 2050— the majority of the western portion of the (1) there will be 40,600,000 United States Rajiv Shah, Administrator of the United States Agency for International Develop- railroad workforce, faced grueling hours and residents identifying themselves as Asian extremely harsh conditions in order to lay alone or in combination with 1 or more other ment, L. Tammy Duckworth, Assistant Sec- retary for Public and Intergovernmental Af- hundreds of miles of track and were paid sub- races, comprising 9 percent of the total popu- standard wages; lation of the United States; and fairs of the Department of Veterans Affairs, Anthony M. Babauta, Assistant Secretary Whereas without the tremendous efforts (2) there will be 2,600,000 United States and technical contributions of these Chinese residents identifying themselves as Native for Insular Areas of the Department of Inte- rior, and many others; immigrants, the completion of this vital na- Hawaiian and other Pacific Islander alone or tional infrastructure would have been seri- as Native Hawaiian and other Pacific Is- Whereas the commitment of the United States to judicial diversity has been dem- ously impeded; lander in combination with 1 or more other Whereas from the middle of the 19th cen- races, comprising 0.6 percent of the total onstrated through the nomination of high caliber Asian-Americans and other minority tury through the early 20th century, Chinese population of the United States; immigrants faced racial ostracism and vio- Whereas the month of May was selected for jurists at all levels of the Federal bench; Whereas significant outreach efforts to the lent assaults, including— Asian/Pacific American Heritage Month due (1) the 1887 Snake River Massacre in Or- Asian-American and Pacific Islander com- to the facts that on May 7, 1843, the first egon, at which 31 Chinese miners were killed; Japanese immigrants arrived in the United munity have been made through the reestab- and States, and on May 10, 1869, the first trans- lishment of the White House Initiative on (2) numerous other incidents, including at- continental railroad was completed, with Asian-Americans and Pacific Islanders to co- tacks on Chinese immigrants in Rock substantial contributions from Chinese im- ordinate multiagency efforts to ensure more Springs, San Francisco, Tacoma, and Los migrants; accurate data collection and access to serv- Angeles; Whereas Asian-Americans and Pacific Is- ices for the community; Whereas the United States instigated the landers have faced injustices throughout the Whereas even with the exceptional mile- negotiation of the Burlingame Treaty, rati- history of the United States, including the stones achieved by the Asian-American and fied by the Senate on October 19, 1868, which Act of May 5, 1892 (27 Stat. 25, chapter 60) Pacific Islander community, there remains permitted the free movement of the Chinese (commonly known as the ‘‘Geary Act’’ or the much to be done to ensure that linguistically people to, from, and within the United ‘‘Chinese Exclusion Act’’), the internment of and culturally isolated Asian-Americans and States and accorded to China the status of Japanese-Americans during World War II, Pacific Islanders have access to resources, a ‘‘most favored nation’’; unpunished hate crimes, such as the murder voice in the Federal Government, and con- Whereas before consenting to the ratifica- of Vincent Chin, and other events; tinue to advance in the political landscape of tion of the Burlingame Treaty, the Senate Whereas section 102 of title 36, United the United States; and required that the Treaty would not permit States Code, officially designates May as Whereas celebrating Asian/Pacific Amer- Chinese immigrants in the United States to Asian/Pacific American Heritage Month and ican Heritage Month provides the people of be naturalized United States citizens; requests the President to issue an annual the United States with an opportunity to Whereas on July 14, 1870, Congress ap- proclamation calling on the people of the recognize the achievements, contributions, proved An Act to Amend the Naturalization United States to observe the month with ap- and history of Asian-Americans and Pacific Laws and to Punish Crimes against the propriate programs, ceremonies, and activi- Islanders and to appreciate the challenges Same, and for other Purposes, and during ties; faced by Asian-Americans and Pacific Island- consideration of such Act, the Senate ex- Whereas Asian-Americans and Pacific Is- ers: Now, therefore, be it pressly rejected an amendment to allow Chi- landers, such as Yuri Kochiyama, a civil Resolved, That the Senate— nese immigrants to naturalize; rights activist, Herbert Pililaau, recipient of (1) recognizes the significance of the des- Whereas Chinese immigrants were subject the Medal of Honor, Dalip Singh Saund, the ignation of the month of May as Asian/Pa- to the overzealous implementation of the first Asian-American Congressman, Patsy T. cific American Heritage Month; Page Act of 1875 (18 Stat. 477), which—

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3452 CONGRESSIONAL RECORD — SENATE May 26, 2011 (1) ostensibly barred the importation of (4) the United States ‘‘is under God a coun- (1) unworthy of American citizenship; women from ‘‘China, Japan, or any Oriental try of Caucasians, a country of white men, a (2) incapable of assimilation into American country’’ for purposes of prostitution; country to be governed by white men’’; society; and (2) was disproportionately enforced against Whereas, on July 3, 1884, notwithstanding (3) dangerous to the political and social in- Chinese women, effectively preventing the United States treaty obligations with China tegrity of the United States; formation of Chinese families in the United and other nations, Congress broadened the Whereas the express discrimination in States and limiting the number of native- scope of the Chinese Exclusion Act— these Federal statutes politically and ra- born Chinese citizens; (1) to apply to all persons of Chinese de- cially stigmatized Chinese immigration into Whereas, on February 15, 1879, the Senate scent, ‘‘whether subjects of China or any the United States, enshrining in law the ex- passed ‘‘the Fifteen Passenger Bill,’’ which other foreign power’’; and clusion of the Chinese from the political would have limited the number of Chinese (2) to provide more stringent requirements process and the promise of American free- passengers permitted on any ship coming to restricting Chinese immigration; dom; the United States to 15, with proponents of Whereas, on October 1, 1888, the Scott Act Whereas wartime enemy forces used the the bill expressing that the Chinese were ‘‘an was enacted into law, which— anti-Chinese legislation passed in Congress indigestible element in our midst . . . with- (1) prohibited all Chinese laborers who as evidence of American racism against the out any adaptability to become citizens’’; would choose or had chosen to leave the Chinese, attempting to undermine the Chi- Whereas, on March 1, 1879, President Hayes United States from reentering; nese-American alliance and allied military vetoed the Fifteen Passenger Bill as being (2) cancelled all previously-issued ‘‘certifi- efforts; incompatible with the Burlingame Treaty, cates of return,’’ which prevented approxi- Whereas, in 1943, at the urging of President which declared that ‘‘Chinese subjects vis- mately 20,000 Chinese laborers abroad, in- Franklin D. Roosevelt, and over 60 years iting or residing in the United States, shall cluding 600 individuals who were en route to after the enactment of the first discrimina- enjoy the same privileges . . . in respect to the United States, from returning to their tory laws against Chinese immigrants, Con- travel or residence, as may there be enjoyed families or their homes; and gress— by the citizens and subjects of the most fa- (3) was later determined by the Supreme (1) repealed previously-enacted anti-Chi- vored nation’’; Court to have abrogated the Angell Treaty; nese legislation; and Whereas in the aftermath of the veto of the Whereas, on May 5, 1892, the Geary Act was (2) permitted Chinese immigrants to be- Fifteen Passenger Bill, President Hayes ini- enacted into law, which— come naturalized United States citizens; (1) extended the Chinese Exclusion Act for tiated the renegotiation of the Burlingame Whereas, despite facing decades of system- 10 years; Treaty, requesting that the Chinese govern- atic, pervasive, and sustained discrimina- (2) required all Chinese persons in the ment consent to restrictions on the immi- tion, Chinese immigrants and Chinese-Amer- United States, but no other race of people, to gration of Chinese persons to the United icans persevered and have continued to play register with the Federal Government in States; a significant role in the growth and success order to obtain ‘‘certificates of residence’’; Whereas these negotiations culminated in of the United States; and the Angell Treaty, ratified by the Senate on (3) denied Chinese immigrants the right to Whereas 6 decades of Federal legislation May 9, 1881, which— be released on bail upon application for a deliberately targeting Chinese by race— (1) allowed the United States to suspend, writ of habeas corpus; (1) restricted the capacity of generations of but not to prohibit, the immigration of Chi- Whereas, on an explicitly racial basis, the individuals and families to openly pursue the nese laborers; Geary Act deemed the testimony of Chinese American dream without fear; and (2) declared that ‘‘Chinese laborers who are (2) fostered an atmosphere of racial dis- persons, including American citizens of Chi- now in the United States shall be allowed to crimination that deeply prejudiced the civil nese descent, per se insufficient to establish go and come of their own free will’’; and rights of Chinese immigrants; the residency of a Chinese person subject to (3) reaffirmed that Chinese persons pos- Whereas diversity is one of our Nation’s deportation, mandating that such residence sessed ‘‘all the rights, privileges, immuni- greatest strengths, and, while this Nation be established through the testimony of ‘‘at ties, and exemptions which are accorded to was founded on the principle that all persons least one credible white witness’’; the citizens and subjects of the most favored are created equal, the laws enacted by Con- Whereas, in the 1894 Gresham-Yang Treaty, nation’’; gress in the late 19th and early 20th cen- the Chinese government consented to a pro- Whereas, on March 9, 1882, the Senate turies that restricted the political and civil hibition of Chinese immigration and the en- passed the first Chinese Exclusion Act, rights of persons of Chinese descent violated forcement of the Geary Act in exchange for which purported to implement the Angell that principle; the readmission of previous Chinese resi- Treaty but instead excluded for 20 years both Whereas although an acknowledgment of dents; skilled and unskilled Chinese laborers, re- the Senate’s actions that contributed to dis- jected an amendment that would have per- Whereas in 1898, the United States— (1) annexed Hawaii; crimination against persons of Chinese de- mitted the naturalization of Chinese persons, scent will not erase the past, such an expres- and instead expressly denied Chinese persons (2) took control of the Philippines; and (3) excluded thousands of racially Chinese sion will acknowledge and illuminate the in- the right to be naturalized as American citi- justices in our national experience and help zens; residents of Hawaii and of the Philippines from entering the United States mainland; to build a better and stronger Nation; Whereas, on April 4, 1882, President Ches- Whereas the Senate recognizes the importer A. Arthur vetoed the first Chinese Exclu- Whereas on April 29, 1902, Congress— (1) indefinitely extended all laws regu- tance of addressing this unique framework of sion Act as being incompatible with the lating and restricting Chinese immigration discriminatory laws in order to educate the terms and spirit of the Angell Treaty; and residence; and public and future generations regarding the Whereas, on May 6, 1882, Congress passed (2) expressly applied such laws to United impact of these laws on Chinese and other the second Chinese Exclusion Act, which— States insular territories, including the Phil- Asian persons and their implications to all (1) prohibited skilled and unskilled Chinese ippines; Americans; and laborers from entering the United States for Whereas in 1904, after the Chinese govern- 10 years; Whereas the Senate deeply regrets the en- (2) was the first Federal law that excluded ment exercised its unilateral right to with- actment of the Chinese Exclusion Act and re- a single group of people on the basis of race; draw from the Gresham-Yang Treaty, Con- lated discriminatory laws that— and gress permanently extended, ‘‘without modi- (1) resulted in the persecution and political (3) required certain Chinese laborers al- fication, limitation, or condition’’, all re- alienation of persons of Chinese descent; ready legally present in the United States strictions on Chinese immigration and natu- (2) unfairly limited their civil rights; who later wished to reenter to obtain ‘‘cer- ralization, making the Chinese the only ra- (3) legitimized racial discrimination; and tificates of return’’, an unprecedented re- cial group explicitly singled out for immi- (4) induced trauma that persists within the quirement that applied only to Chinese resi- gration exclusion and permanently ineligible Chinese community: Now, therefore, be it dents; for American citizenship; Resolved, That the Senate— Whereas, in response to reports that courts Whereas between 1910 and 1940, the Angel (1) acknowledges that this framework of were bestowing United States citizenship on Island Immigration Station implemented the anti-Chinese legislation, including the Chi- persons of Chinese descent, the Chinese Ex- Chinese exclusion laws by— nese Exclusion Act, is incompatible with the clusion Act of 1882 explicitly prohibited all (1) confining Chinese persons for up to basic founding principles recognized in the State and Federal courts from naturalizing nearly 2 years; Declaration of Independence that all persons Chinese persons; (2) interrogating Chinese persons; and are created equal; Whereas the Chinese Exclusion Act of 1882 (3) providing a model for similar immigra- (2) acknowledges that this pattern of anti- underscored the belief of some Senators at tion stations at other locations on the Pa- Chinese legislation, including the Chinese that time that— cific coast and in Hawaii; Exclusion Act, is incompatible with the spir- (1) the Chinese people were unfit to be nat- Whereas each of the congressional debates it of the United States Constitution; uralized; concerning issues of Chinese civil rights, (3) deeply regrets passing 6 decades of leg- (2) the social characteristics of the Chinese naturalization, and immigration involved in- islation directly targeting the Chinese peo- were ‘‘revolting’’; tensely racial rhetoric, with many Members ple for physical and political exclusion and (3) Chinese immigrants were ‘‘like of Congress claiming that all persons of Chi- the wrongs committed against Chinese and parasites’’; and nese descent were— American citizens of Chinese descent who

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3453 suffered under these discriminatory laws; they were separated from family mem- (2) urges the Secretary of Veterans Affairs and bers, subjected to embarrassing med- and the Secretary of Defense to continue (4) reaffirms its commitment to preserving ical examinations and grueling interro- working to educate servicemembers, vet- the same civil rights and constitutional pro- gations, and detained for months or erans, the families of servicemembers and tections for people of Chinese or other Asian sometimes years. veterans, and the public about the causes, descent in the United States accorded to all symptoms, and treatment of post-traumatic others, regardless of their race or ethnicity. Despite these hardships, Chinese im- stress disorder; and migrants persevered, and they continue (3) respectfully requests that the Secretary Mrs. FEINSTEIN. Mr. President, I to make invaluable contributions to rise today to join my colleague, Sen- of the Senate transmit a copy of this resolu- the development and success of our Na- tion to the Secretary of Veterans Affairs and ator SCOTT BROWN, in submitting a res- tion. The enactment of Chinese exclu- the Secretary of Defense. olution that expresses the regret of the sionary laws is a shameful part of our Mr. CONRAD. Mr. President, today I U.S. Senate for the passage of discrimi- history that must not be forgotten. It natory laws against Chinese immi- am introducing for the second year in a is my hope that this resolution will row a Senate resolution to designate grants. These laws are no longer in ef- serve to enlighten those who may not fect today. However, I believe it is im- June 27 as National Post-Traumatic be aware of this regrettable chapter in Stress Disorder Awareness Day. That portant for Congress to express regret our Nation’s history. In addition, I for the many injustices that were expe- date was inspired by the birthday of hope the resolution will help heal and North Dakota National Guard Staff rienced by Chinese immigrants as a re- bring some closure for those who lived sult of these policies, and for all of us Sergeant Joe Biel. Staff Sergeant Biel through this difficult time and are still served two tours of duty in Iraq as a as Americans to learn from this dif- with us today. ficult chapter in our Nation’s past. Trailblazer, part of a unit responsible I urge my colleagues to support this for route clearance operations. Each Let me begin by offering a brief his- bipartisan resolution. tory of the Chinese Exclusion Act. In day, Joe’s mission was to go out with f the 1870s, an economic downturn cre- his unit to find and remove Improvised ated political pressure to slow the SENATE RESOLUTION 202—DESIG- Explosive Devices and other dangers growing population of Chinese immi- NATING JUNE 27, 2011, AS ‘‘NA- from heavily traveled roads to make it grants who were coming to the United TIONAL POST-TRAUMATIC safe for coalition forces and Iraqi civil- States to pursue a better way of life. In STRESS DISORDER AWARENESS ians to travel. As a result of those ex- California, State laws and local ordi- DAY’’ periences, Joe suffered from PTSD and, nances were enacted that denied the Mr. CONRAD (for himself, Mr. LEVIN, tragically, took his own life in April Chinese basic rights and privileges Mr. ROCKEFELLER, and Mr. DURBIN) 2007. There is absolutely no doubt that such as the right to own land and the submitted the following resolution; Joe Biel is a hero who gave his life for ability to access public schools. which was referred to the Committee our country. At the urging of some California law- on the Judiciary: I learned of Joe’s story because makers, the U.S. Congress subse- S. RES. 202 friends from his platoon, the 4th Pla- toon, A Company, of the North Dakota quently passed laws that further denied Whereas the brave men and women of the the rights of Chinese immigrants. The United States Armed Forces, who proudly National Guard’s 164th Combat Engi- harshest of those measures was the serve the United States, risk their lives to neer Battalion, have organized an an- Chinese Exclusion Act of 1882 that ex- protect the freedom of the United States and nual motorcycle ride across the state plicitly prohibited all State and Fed- deserve the investment of every reasonable of North Dakota in his memory. The eral courts from naturalizing Chinese resource to ensure their lasting physical, Joe Biel Memorial Ride serves as a re- persons. This legislation was the first mental, and emotional well-being; union for the 164th, a memorial for a Whereas 2.4 percent of servicemembers re- lost friend, and a beacon to those suf- federal law ever enacted to exclude a turning from deployment to Operation En- group of immigrants solely on the basis during Freedom or Operation Iraqi Freedom fering from PTSD and other mental of race or nationality. are clinically diagnosed with post-traumatic issues across the region. The key point The Chinese Exclusion Act was fol- stress disorder (referred to in this preamble made to me by the event’s organizer, lowed by the passage of the Geary Act as ‘‘PTSD’’) and up to 17 percent of Oper- Staff Sergeant Matt Leaf, is that we in 1892, which extended the Chinese Ex- ation Enduring Freedom and Operation Iraqi have to raise awareness of this disease clusion Act for 10 years and required Freedom veterans exposed to sustained so that the lives of servicemembers, ground combat report PTSD symptoms; veterans, and other PTSD sufferers can all Chinese persons in the United Whereas up to 10 percent of Operation States to register with the Federal Desert Storm veterans, 30 percent of Viet- be saved by greater awareness of and Government to obtain certificates of nam veterans, and 8 percent of the general treatment for this disorder. residence to prove their right to be in population of the United States suffer or For many, the war does not end when the U.S. have suffered from PTSD; the warrior comes home. All too many In order to fully understand this Na- Whereas the Department of Veterans Af- servicemembers and veterans face tion’s deep-rooted hostility toward the fairs reports that more than 438,000 veterans PTSD symptoms like anxiety, anger, Chinese during this time period, it is were treated for PTSD in 2010 alone; and depression as they try to adjust to important to contrast the U.S. Govern- Whereas many cases of PTSD remain unre- life after war. We cannot sweep these ported, undiagnosed, and untreated due to a problems under the rug. PTSD is real. ment’s vastly different treatment of lack of awareness about PTSD and the per- European immigrants who entered the sistent stigma associated with mental health The Department of Defense and the De- United States through Ellis Island. Eu- issues; partment of Veterans Affairs have ropean immigrants were not subjected Whereas PTSD significantly increases the made significant advances in the pre- to the same burdensome and risk of depression, suicide, and drug- and al- vention, diagnosis, and treatment of humiliating screening requirements as cohol-related disorders and deaths, espe- PTSD and its symptoms, but many the Chinese. cially if left untreated; challenges remain. More must be done Most are familiar with the stories of Whereas the Departments of Defense and to inform and educate veterans, fami- those coming to Ellis Island and seeing Veterans Affairs have made significant ad- lies and communities on the facts vances in the prevention, diagnosis, and the Statute of Liberty in New York treatment of PTSD and the symptoms of about this illness and the resources and Harbor. However, often forgotten are PTSD, but many challenges remain; and treatments available. the experiences of Chinese immigrants Whereas the establishment of a National That is why SSG Leaf and his fellow who made it to America by way of Post-Traumatic Stress Disorder Awareness Trailblazers started the Joe Biel Me- Angel Island in California. Day will raise public awareness about issues morial Bike Ride. That is why I began In 1910, the U.S. Government opened related to PTSD and help ensure that those the effort to create a National PTSD the Angel Island Immigration Station suffering from the invisible wounds of war Awareness Day last year. It is why I as a way to isolate Chinese immigrants receive proper treatment: Now, therefore, be am introducing this Resolution once it from the city of San Francisco and the Resolved, That the Senate— again. Actions like this may not seem remainder of the bay area in northern (1) designates June 27, 2011, as ‘‘National that important to some, but they are. California. These immigrants were Post-Traumatic Stress Disorder Awareness They garner attention, raise aware- brought to Angel Island Station where Day’’; ness, and help to eliminate the stigma

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3454 CONGRESSIONAL RECORD — SENATE May 26, 2011 surrounding mental health issues. Whereas the number of youth who ‘‘age Whereas 4.8 percent of all households in These efforts are about letting our out’’ of foster care has steadily increased for the United States (approximately 5,600,000 troops, past and present, know it is the past decade; households) have accessed emergency food okay to come forward and say they Whereas children who ‘‘age out’’ of foster from a food pantry 1 or more times; care lack the security or support of a bio- Whereas the report entitled ‘‘Household need help. It’s a sign of strength, not logical or adoptive family and frequently Food Security in the United States, 2009’’ weakness, to seek assistance. It is my struggle to secure affordable housing, obtain and published by the Economic Research hope that this message will be heard. health insurance, pursue higher education, Service of the Department of Agriculture In the words of SSG Leaf, ‘‘maybe if we and acquire adequate employment; found that in 2009, the most recent year for all take a minute to listen, we can stop Whereas on average, 8.5 percent of the posi- which data exist— one more tragedy from ever happening tions in child protective services remain va- (1) 14.7 percent of all households in the again.’’ cant; United States experienced food insecurity at Whereas due to heavy caseloads and lim- some point during the year; f ited resources, the average tenure for a (2) 21.3 percent of all households with chil- worker in child protection services is just 3 dren in the United States experienced food SENATE RESOLUTION 203—RECOG- years; insecurity at some point during the year; Whereas States, localities, and commu- and NIZING ‘‘NATIONAL FOSTER (3) 7.5 percent of all households with elder- CARE MONTH’’ AS AN OPPOR- nities should be encouraged to invest resources in preventative and reunification ly individuals in the United States experi- TUNITY TO RAISE AWARENESS services and post-permanency programs to enced food insecurity at some point during ABOUT THE CHALLENGES OF ensure that more children in foster care are the year; CHILDREN IN THE FOSTER CARE provided with safe, loving, and permanent Whereas the problem of hunger and food SYSTEM, AND ENCOURAGING placements; insecurity can be found in rural, suburban, CONGRESS TO IMPLEMENT POL- Whereas the Fostering Connections to Suc- and urban portions of the United States, ICY TO IMPROVE THE LIVES OF cess and Increasing Adoptions Act of 2008 touching nearly every community of the (Public Law 110–351; 122 Stat. 3949) provides United States; CHILDREN IN THE FOSTER CARE Whereas, although substantial progress has SYSTEM for new investments and services to improve the outcomes of children and families in the been made in reducing the incidence of hun- Ms. LANDRIEU (for herself, Mr. foster care system; and ger and food insecurity in the United States, GRASSLEY, Mrs. GILLIBRAND, Mr. Whereas much remains to be done to en- many Americans remain vulnerable to hunger and the negative effects of food insecu- FRANKEN, Mr. CARDIN, Mr. BEGICH, Mr. sure that all children have a safe, loving, rity; AKAKA, Mr. COCHRAN, Ms. COLLINS, Mr. nurturing, and permanent family, regardless of age or special needs: Now, therefore, be it Whereas the people of the United States LEVIN, Mr. NELSON of Nebraska, Mr. Resolved, That the Senate— have a long tradition of providing food as- LAUTENBERG, Mrs. MURRAY, Mr. KERRY, (1) recognizes ‘‘National Foster Care sistance to hungry individuals through acts Mr. INHOFE, Ms. SNOWE, and Mr. CASEY) Month’’ as an opportunity to raise awareness of private generosity and public support pro- submitted the following resolution; about the challenges that children in the fos- grams; which was considered and agreed to: ter care system face; Whereas the Federal Government provides nutritional support to millions of individuals S. RES. 203 (2) encourages Congress to implement policy to improve the lives of children in the through numerous Federal food assistance Whereas ‘‘National Foster Care Month’’ foster care system; programs, including— was established more than 20 years ago to (3) supports the designation of May as ‘‘Na- (1) the supplemental nutrition assistance bring foster care issues to the forefront, to tional Foster Care Month’’; program established under the Food and Nu- highlight the importance of permanency for (4) acknowledges the special needs of chil- trition Act of 2008 (7 U.S.C. 2011 et seq.); every child, and to recognize the essential (2) the child nutrition program established dren in the foster care system; role that foster parents, social workers, and under the Richard B. Russell National (5) honors the commitment and dedication advocates have in the lives of children in fos- School Lunch Act (42 U.S.C. 1751 et seq.); of the individuals who work tirelessly to pro- ter care throughout the United States; (3) the special supplemental nutrition provide assistance and services to children in Whereas all children deserve a safe, loving, gram for women, infants, and children estab- the foster care system; and and permanent home; lished by section 17 of the Child Nutrition (6) reaffirms the need to continue working Whereas the primary goal of the foster Act of 1966 (42 U.S.C. 1786); to improve the outcomes of all children in care system is to ensure the safety and well- (4) the emergency food assistance program the foster care system through title IV of being of children while working to provide a established under the Emergency Food As- the Social Security Act (42 U.S.C. 601 et seq.) safe, loving, and permanent home for each sistance Act of 1983 (7 U.S.C. 7501 et seq.); and other programs designed to help children child; and in the foster care system reunite with their (5) food donation programs; Whereas there are approximately 420,000 biological parents or, if the children cannot Whereas there is a growing awareness of children living in foster care; be reunited with their biological parents, the important role that community-based Whereas there are 115,000 children in foster find permanent, safe, and loving homes. organizations, institutions of faith, and care awaiting adoption; charities play in assisting hungry and food- Whereas 57,000 children are adopted out of f insecure individuals; foster care each year; SENATE RESOLUTION 204—DESIG- Whereas more than 50,000 local, commu- Whereas children of color are more likely NATING JUNE 7, 2011, AS ‘‘NA- nity-based organizations rely on the support to stay in the foster care system for longer and efforts of more than 1,000,000 volunteers periods of time and are less likely to be re- TIONAL HUNGER AWARENESS to provide food assistance and services to united with their biological families; DAY’’ millions of vulnerable people; and Whereas the number of available foster Mr. CASEY (for himself, Mr. Whereas all people of the United States homes is declining, and there are only 2.8 BOOZMAN, Mr. DURBIN, Mr. LUGAR, Mr. can participate in hunger relief efforts in foster homes for every 10 children in foster MORAN, Mr. LEAHY, and Mr. BROWN of their communities by— care; Ohio) submitted the following resolu- (1) donating food and money to hunger re- Whereas children entering foster care often tion; which was considered and agreed lief efforts; confront the widespread misperception that to: (2) volunteering for hunger relief efforts; children in foster care are disruptive, unruly, and and dangerous, even though placement in S. RES. 204 (3) supporting public policies aimed at re- foster care is based on the actions of a par- Whereas food insecurity and hunger are a ducing hunger: Now, therefore, be it ent or guardian, not the child; fact of life for millions of individuals in the Resolved, That the Senate— Whereas foster care is intended to be a United States and can produce physical, (1) designates June 7, 2011, as ‘‘National temporary placement, but children remain mental, and social impairments; Hunger Awareness Day’’; and in the foster care system for an average of 2 Whereas recent data published by the De- (2) calls on the people of the United States years; partment of Agriculture show that approxi- to observe National Hunger Awareness Day— Whereas children in foster care experience mately 50,200,000 individuals in the United (A) with appropriate ceremonies, volunteer an average of 3 different placements, which States live in households experiencing hun- activities, and other support for local anti- often leads to disruption of routines, and the ger or food insecurity, and of that number, hunger advocacy efforts and hunger relief need to change schools and move away from 33,000,000 are adults and 17,200,000 are chil- charities, including food banks, food rescue siblings, extended families, and familiar sur- dren; organizations, food pantries, soup kitchens, roundings; Whereas the Department of Agriculture and emergency shelters; and Whereas more than 29,000 youth ‘‘age out’’ data also show that households with children (B) by continuing to support programs and of foster care without a legal permanent con- experience nearly twice the rate of food inse- public policies that reduce hunger and food nection to an adult or family; curity as those households without children; insecurity in the United States.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3455 AMENDMENTS SUBMITTED AND ‘‘(36) The term ‘terrorism’ includes inter- under section 922A, 922B, 923(d)(3) or 923(e) of PROPOSED national terrorism and domestic terrorism, this title,’’. as those terms are defined in section 2331 of (e) ATTORNEY GENERAL DISCRETIONARY DE- SA 386. Mr. LAUTENBERG submitted an this title. NIAL OF FEDERAL FIREARMS LICENSES.—Sec- amendment intended to be proposed to ‘‘(37) The term ‘material support or re- tion 923(d) of title 18, United States Code, is amendment SA 347 proposed by Mr. REID to sources’ has the same meaning as in section amended— the bill S. 990, to provide for an additional 2339A of this title. (1) in paragraph (1), in the matter pre- temporary extension of programs under the ‘‘(38) The term ‘responsible person’ means ceding subparagraph (A), by striking ‘‘Any’’ Small Business Act and the Small Business an individual who has the power, directly or and inserting ‘‘Except as provided in para- Investment Act of 1958, and for other pur- indirectly, to direct or cause the direction of graph (3), any’’; and poses; which was ordered to lie on the table. the management and policies of the appli- (2) by adding at the end the following: SA 387. Mr. SANDERS submitted an cant or licensee pertaining to firearms.’’; and ‘‘(3) The Attorney General may deny a li- amendment intended to be proposed to (3) in the table of sections, by inserting cense application if the Attorney General de- amendment SA 347 proposed by Mr. REID to after the item relating to section 922 the fol- termines that the applicant (including any the bill S. 990, supra; which was ordered to lowing: responsible person) is known (or appro- lie on the table. ‘‘922A. Attorney General’s discretion to deny priately suspected) to be or have been en- SA 388. Ms. KLOBUCHAR (for Mrs. MUR- transfer of a firearm. gaged in conduct constituting, in prepara- RAY) proposed an amendment to the concur- ‘‘922B. Attorney General’s discretion regard- tion for, in aid of, or related to terrorism, or rent resolution S. Con. Res. 4, expressing the ing applicants for firearm per- providing material support or resources for sense of Congress that an appropriate site on mits which would qualify for terrorism, and the Attorney General has a Chaplains Hill in Arlington National Ceme- the exemption provided under reasonable belief that the applicant may use tery should be provided for a memorial section 922(t)(3).’’. a firearm in connection with terrorism.’’. marker to honor the memory of the Jewish (f) DISCRETIONARY REVOCATION OF FEDERAL chaplains who died while on active duty in (b) EFFECT OF ATTORNEY GENERAL DISCRE- FIREARMS LICENSES.—Section 923(e) of title the Armed Forces of the United States. TIONARY DENIAL THROUGH THE NATIONAL IN- STANT CRIMINAL BACKGROUND CHECK SYSTEM 18, United States Code, is amended— f (NICS) ON FIREARMS PERMITS.—Section 922(t) (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; TEXT OF AMENDMENTS of title 18, United States Code, is amended— (2) by striking ‘‘revoke any license’’ and SA 386. Mr. LAUTENBERG sub- (1) in paragraph (1)(B)(ii), by inserting ‘‘or inserting the following: ‘‘revoke— mitted an amendment intended to be State law, or that the Attorney General has ‘‘(A) any license’’; proposed to amendment SA 347 pro- determined to deny the transfer of a firearm (3) by striking ‘‘. The Attorney General pursuant to section 922A of this title’’ before may, after notice and opportunity for hear- posed by Mr. REID to the bill S. 990, to ing, revoke the license’’ and inserting the provide for an additional temporary ex- the semicolon; (2) in paragraph (2), in the matter pre- following: ‘‘; tension of programs under the Small ceding subparagraph (A), by inserting ‘‘, or if ‘‘(B) the license’’; and Business Act and the Small Business the Attorney General has not determined to (4) by striking ‘‘. The Secretary’s action’’ Investment Act of 1958, and for other deny the transfer of a firearm pursuant to and inserting the following: ‘‘; or purposes; which was ordered to lie on section 922A of this title’’ after ‘‘or State ‘‘(C) any license issued under this section if the table; as follows: law’’; the Attorney General determines that the holder of such license (including any respon- At the end, add the following: (3) in paragraph (3)— (A) in subparagraph (A)— sible person) is known (or appropriately sus- SEC. 3. GRANTING THE ATTORNEY GENERAL THE (i) in clause (i)— pected) to be or have been engaged in con- AUTHORITY TO DENY THE SALE, DE- (I) in subclause (I), by striking ‘‘and’’ at duct constituting, in preparation for, in aid LIVERY, OR TRANSFER OF A FIRE- of, or related to terrorism or providing mate- ARM OR THE ISSUANCE OF A FIRE- the end; and ARMS OR EXPLOSIVES LICENSE OR (II) by adding at the end the following: rial support or resources for terrorism, and PERMIT TO DANGEROUS TERROR- ‘‘(III) was issued after a check of the sys- the Attorney General has a reasonable belief ISTS. tem established pursuant to paragraph (1);’’; that the applicant may use a firearm in con- (a) STANDARD FOR EXERCISING ATTORNEY (ii) in clause (ii), by inserting ‘‘and’’ after nection with terrorism. GENERAL DISCRETION REGARDING TRANSFER- the semicolon; and ‘‘(2) The Attorney General’s action’’. RING FIREARMS OR ISSUING FIREARMS PER- (iii) by adding at the end the following: (g) ATTORNEY GENERAL’S ABILITY TO WITH- MITS TO DANGEROUS TERRORISTS.—Chapter 44 ‘‘(iii) the State issuing the permit agrees HOLD INFORMATION IN FIREARMS LICENSE DE- of title 18, United States Code, is amended— to deny the permit application if such other NIAL AND REVOCATION SUIT.— (1) by inserting after section 922 the fol- person is the subject of a determination by (1) IN GENERAL.—Section 923(f)(1) of title 18, lowing: the Attorney General pursuant to section United States Code, is amended by inserting ‘‘§ 922A. Attorney General’s discretion to deny 922B of this title;’’; after the first sentence the following: ‘‘How- transfer of a firearm (4) in paragraph (4), by inserting ‘‘, or if ever, if the denial or revocation is pursuant to subsection (d)(3) or (e)(1)(C), any informa- ‘‘The Attorney General may deny the the Attorney General has not determined to tion upon which the Attorney General relied transfer of a firearm under section deny the transfer of a firearm pursuant to for this determination may be withheld from 922(t)(1)(B)(ii) of this title if the Attorney section 922A of this title’’ after ‘‘or State the petitioner, if the Attorney General deter- General— law’’; and mines that disclosure of the information ‘‘(1) determines that the transferee is (5) in paragraph (5), by inserting ‘‘, or if would likely compromise national secu- known (or appropriately suspected) to be or the Attorney General has determined to rity.’’. have been engaged in conduct constituting, deny the transfer of a firearm pursuant to (2) SUMMARIES.—Section 923(f)(3) of title 18, in preparation for, in aid of, or related to section 922A of this title’’ after ‘‘or State United States Code, is amended by inserting terrorism, or providing material support or law’’. (c) UNLAWFUL SALE OR DISPOSITION OF after the third sentence the following: ‘‘With resources for terrorism; and FIREARM BASED UPON ATTORNEY GENERAL respect to any information withheld from ‘‘(2) has a reasonable belief that the pro- DISCRETIONARY DENIAL.—Section 922(d) of the aggrieved party under paragraph (1), the spective transferee may use a firearm in con- title 18, United States Code, is amended— United States may submit, and the court nection with terrorism. (1) in paragraph (8), by striking ‘‘or’’ at the may rely upon, summaries or redacted ‘‘§ 922B. Attorney General’s discretion regard- end; versions of documents containing informa- ing applicants for firearm permits which (2) in paragraph (9), by striking the period tion the disclosure of which the Attorney would qualify for the exemption provided at the end and inserting ‘‘; or’’; and General has determined would likely com- under section 922(t)(3) (3) by adding at the end the following: promise national security.’’. ‘‘The Attorney General may determine ‘‘(10) has been the subject of a determina- (h) ATTORNEY GENERAL’S ABILITY TO WITH- that— tion by the Attorney General under section HOLD INFORMATION IN RELIEF FROM DISABIL- ‘‘(1) an applicant for a firearm permit 922A, 922B, 923(d)(3), or 923(e) of this title.’’. ITIES LAWSUITS.—Section 925(c) of title 18, which would qualify for an exemption under (d) ATTORNEY GENERAL DISCRETIONARY DE- United States Code, is amended by inserting section 922(t) is known (or appropriately sus- NIAL AS PROHIBITOR.—Section 922(g) of title after the third sentence the following: ‘‘If pected) to be or have been engaged in con- 18, United States Code, is amended— the person is subject to a disability under duct constituting, in preparation for, in aid (1) in paragraph (8), by striking ‘‘or’’ at the section 922(g)(10) of this title, any informa- of, or related to terrorism, or providing ma- end; tion which the Attorney General relied on terial support or resources for terrorism; and (2) in paragraph (9), by striking the comma for this determination may be withheld from ‘‘(2) the Attorney General has a reasonable at the end and inserting ‘‘; or’’; and the applicant if the Attorney General deter- belief that the applicant may use a firearm (3) by inserting after paragraph (9) the fol- mines that disclosure of the information in connection with terrorism.’’; lowing: would likely compromise national security. (2) in section 921(a), by adding at the end ‘‘(10) who has received actual notice of the In responding to the petition, the United the following: Attorney General’s determination made States may submit, and the court may rely

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3456 CONGRESSIONAL RECORD — SENATE May 26, 2011 upon, summaries or redacted versions of doc- mined that disclosure would likely com- (1) in paragraph (1), by inserting after the uments containing information the disclo- promise national security,’’ after ‘‘reasons to first sentence the following: ‘‘However, if the sure of which the Attorney General has de- the individual,’’; and denial or revocation is based upon an Attor- termined would likely compromise national (2) in subsection (g)— ney General determination under subsection security.’’. (A) the first sentence— (j) or (d)(1)(B), any information which the (i) PENALTIES.—Section 924(k) of title 18, (i) by inserting ‘‘or if the Attorney General Attorney General relied on for this deter- United States Code, is amended— has made a determination pursuant to sec- mination may be withheld from the peti- (1) in paragraph (2), by striking ‘‘or’’ at the tion 922A or 922B of title 18, United States tioner if the Attorney General determines end; Code,’’ after ‘‘or State law,’’; and that disclosure of the information would (2) in paragraph (3), by striking the comma (ii) by inserting ‘‘, except any information likely compromise national security.’’; and at the end and inserting ‘‘; or’’; and for which the Attorney General has deter- (2) in paragraph (2), by adding at the end (3) by inserting after paragraph (3) the fol- mined that disclosure would likely com- the following: ‘‘In responding to any petition lowing: promise national security’’ before the period for review of a denial or revocation based ‘‘(4) constitutes an act of terrorism, or pro- at the end; and upon an Attorney General determination viding material support or resources for ter- (B) by adding at the end the following: under subsection (j) or (d)(1)(B), the United rorism,’’. ‘‘Any petition for review of information States may submit, and the court may rely (j) REMEDY FOR ERRONEOUS DENIAL OF withheld by the Attorney General under this upon, summaries or redacted versions of doc- FIREARM OR FIREARM PERMIT EXEMPTION.— subsection shall be made in accordance with uments containing information the disclo- (1) IN GENERAL.—Section 925A of title 18, section 925A of title 18, United States Code.’’. sure of which the Attorney General has de- United States Code, is amended— (l) UNLAWFUL DISTRIBUTION OF EXPLOSIVES termined would likely compromise national (A) in the section heading, by striking BASED UPON ATTORNEY GENERAL DISCRE- security.’’. ‘‘Remedy for erroneous denial of firearm’’ TIONARY DENIAL.—Section 842(d) of title 18, (q) ABILITY TO WITHHOLD INFORMATION IN and inserting ‘‘Remedies’’; United States Code, is amended— COMMUNICATIONS TO EMPLOYERS.—Section (B) by striking ‘‘Any person denied a fire- (1) in paragraph (9), by striking the period 843(h)(2) of title 18, United States Code, is arm pursuant to subsection (s) or (t) of sec- and inserting ‘‘; or’’; and amended— tion 922’’ and inserting the following: (2) by adding at the end the following: (1) in subparagraph (A), by inserting ‘‘or in ‘‘(a) Except as provided in subsection (b), ‘‘(10) has received actual notice of the At- subsection (j) of this section (on grounds of any person denied a firearm pursuant to sub- torney General’s determination made pursu- terrorism)’’ after ‘‘section 842(i)’’; and section (t) of section 922 or a firearm permit ant to subsection (j) or (d)(1)(B) of section 843 (2) in subparagraph (B)— pursuant to a determination made under sec- of this title.’’. (A) in the matter preceding clause (i), by tion 922B’’; and (m) ATTORNEY GENERAL DISCRETIONARY DE- inserting ‘‘or in subsection (j) of this sec- (C) by adding at the end the following: NIAL AS PROHIBITOR.—Section 842(i) of title tion,’’ after ‘‘section 842(i),’’; and ‘‘(b) In any case in which the Attorney 18, United States Code, is amended— (B) in clause (ii), by inserting ‘‘, except General has denied the transfer of a firearm (1) in paragraph (7), by inserting ‘‘; or’’ at that any information that the Attorney Gen- to a prospective transferee pursuant to sec- the end; and eral relied on for a determination pursuant tion 922A of this title or has made a deter- (2) by inserting after paragraph (7) the fol- to subsection (j) may be withheld if the At- mination regarding a firearm permit appli- lowing: torney General concludes that disclosure of cant pursuant to section 922B of this title, an ‘‘(8) who has received actual notice of the the information would likely compromise action challenging the determination may be Attorney General’s determination made pur- national security’’ after ‘‘determination’’. brought against the United States. The peti- suant to subsection (j) or (d)(1)(B) of section (r) CONFORMING AMENDMENT TO IMMIGRA- tion shall be filed not later than 60 days 843 of this title,’’. TION AND NATIONALITY ACT.—Section after the petitioner has received actual no- (n) ATTORNEY GENERAL DISCRETIONARY DE- 101(a)(43)(E)(ii) of the Immigration and Na- tice of the Attorney General’s determination NIAL OF FEDERAL EXPLOSIVES LICENSES AND tionality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is under section 922A or 922B of this title. The PERMITS.—Section 843 of title 18, United amended by striking ‘‘or (5)’’ and inserting court shall sustain the Attorney General’s States Code, is amended— ‘‘(5), or (10)’’. determination upon a showing by the United (1) in subsection (b), by striking ‘‘Upon’’ (s) GUIDELINES.— States by a preponderance of evidence that and inserting ‘‘Except as provided in sub- (1) IN GENERAL.—The Attorney General the Attorney General’s determination satis- section (j), upon’’; and shall issue guidelines describing the cir- fied the requirements of section 922A or 922B, (2) by adding at the end the following: cumstances under which the Attorney Gen- as the case may be. To make this showing, ‘‘(j) The Attorney General may deny the eral will exercise the authority and make de- the United States may submit, and the court issuance of a permit or license to an appli- terminations under subsections (d)(1)(B) and may rely upon, summaries or redacted cant if the Attorney General determines that (j) of section 843 and sections 922A and 922B versions of documents containing informa- the applicant or a responsible person or em- of title 18, United States Code, as amended tion the disclosure of which the Attorney ployee possessor thereof is known (or appro- by this Act. General has determined would likely com- priately suspected) to be or have been en- (2) CONTENTS.—The guidelines issued under promise national security. Upon request of gaged in conduct constituting, in prepara- paragraph (1) shall— the petitioner or the court’s own motion, the tion of, in aid of, or related to terrorism, or (A) provide accountability and a basis for court may review the full, undisclosed docu- providing material support or resources for monitoring to ensure that the intended goals ments ex parte and in camera. The court terrorism, and the Attorney General has a for, and expected results of, the grant of au- shall determine whether the summaries or reasonable belief that the person may use ex- thority under subsections (d)(1)(B) and (j) of redacted versions, as the case may be, are plosives in connection with terrorism.’’. section 843 and sections 922A and 922B of title fair and accurate representations of the un- (o) ATTORNEY GENERAL DISCRETIONARY 18, United States Code, as amended by this derlying documents. The court shall not con- REVOCATION OF FEDERAL EXPLOSIVES LI- Act, are being achieved; and sider the full, undisclosed documents in de- CENSES AND PERMITS.—Section 843(d) of title (B) ensure that terrorist watch list records ciding whether the Attorney General’s deter- 18, United States Code, is amended— are used in a manner that safeguards privacy mination satisfies the requirements of sec- (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and civil liberties protections, in accordance tion 922A or 922B.’’. (2) by striking ‘‘if in the opinion’’ and in- with requirements outlines in Homeland Se- serting the following: ‘‘if— (2) TECHNICAL AND CONFORMING AMEND- curity Presidential Directive 11 (dated Au- ‘‘(A) in the opinion’’; and MENT.—The table of sections for chapter 44 of gust 27, 2004). (3) by striking ‘‘. The Secretary’s action’’ title 18, United States Code, is amended by Mr. SANDERS submitted an striking the item relating to section 925A and inserting the following: ‘‘; or SA 387. and inserting the following: ‘‘(B) the Attorney General determines that amendment intended to be proposed to the licensee or holder (or any responsible amendment SA 347 proposed by Mr. ‘‘925A. Remedies.’’. person or employee possessor thereof) is REID to the bill S. 990, to provide for an (k) PROVISION OF GROUNDS UNDERLYING IN- known (or appropriately suspected) to be or additional temporary extension of pro- ELIGIBILITY DETERMINATION BY THE NATIONAL have been engaged in conduct constituting, grams under the Small Business Act INSTANT CRIMINAL BACKGROUND CHECK SYS- in preparation for, in aid of, or related to and the Small Business Investment Act TEM.—Section 103 of the Brady Handgun Vio- terrorism, or providing material support or lence Prevention Act (18 U.S.C. 922 note) is resources for terrorism, and that the Attor- of 1958, and for other purposes; which amended— ney General has a reasonable belief that the was ordered to lie on the table; as fol- (1) in subsection (f)— person may use explosives in connection lows: (A) by inserting ‘‘or the Attorney General with terrorism. At the end, add the following: has made a determination regarding an ap- ‘‘(2) The Attorney General’s action’’. SEC. 3. PROTECTIONS FOR BOOKSTORES AND LI- plicant for a firearm permit pursuant to sec- (p) ATTORNEY GENERAL’S ABILITY TO WITH- BRARIES. tion 922B of title 18, United States Code,’’ HOLD INFORMATION IN EXPLOSIVES LICENSE (a) EXEMPTION OF BOOKSTORES AND LIBRAR- after ‘‘is ineligible to receive a firearm’’; and AND PERMIT DENIAL AND REVOCATION SUITS.— IES FROM ORDERS REQUIRING THE PRODUCTION (B) by inserting ‘‘except any information Section 843(e) of title 18, United States Code, OF ANY TANGIBLE THINGS FOR CERTAIN FOR- for which the Attorney General has deter- is amended— EIGN INTELLIGENCE INVESTIGATIONS.—Section

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501 of the Foreign Intelligence Surveillance order to preserve, protect, and maintain the COMMITTEE ON INDIAN AFFAIRS Act of 1978 (50 U.S.C. 1861) is amended by add- limited amount of space available at Arling- Mr. NELSON of Florida. Mr. Presi- ing at the end the following new subsection: ton National Cemetery and ensure that fu- dent, I ask unanimous consent that the ‘‘(i) PROHIBITION ON SEARCHING FOR OR SEIZ- ture proposals for commemorative works are Committee on Indian Affairs be author- ING MATERIAL FROM A BOOKSELLER OR LI- appropriately designed, constructed, and lo- ized to meet during the session of the BRARY.— cated and reflect a consensus of the lasting ‘‘(1) IN GENERAL.—No application may be national significance of the subjects in- Senate on May 26, 2011, at 2:15 p.m. in made under this section with either the pur- volved, the President of the United States, Room 628 of the Dirksen Senate Office pose or effect of searching for, or seizing as Commander in Chief, should establish an Building to conduct a hearing entitled from, a bookseller or library documentary Arlington National Cemetery Memorial Ad- ‘‘In Our Way: Expanding the Success of materials that contain personally identifi- visory Commission and procedures for the Native Language & Culture-Based Edu- able information concerning a patron of a evaluation and approval of new monuments cation.’’ bookseller or library. and memorials comparable to those in chap- The PRESIDING OFFICER. Without ‘‘(2) CONSTRUCTION.—Nothing in this sub- ter 89 of title 40, United States Code (com- objection, it is so ordered. section shall be construed as precluding a monly referred to as the ‘Commemorative COMMITTEE ON THE JUDICIARY physical search for documentary materials Works Act’)’’. Mr. NELSON of Florida. Mr. Presi- referred to in paragraph (1) under other pro- f visions of law, including under section 303. dent, I ask unanimous consent that the ‘‘(3) DEFINITIONS.—In this subsection: AUTHORITY FOR COMMITTEES TO Committee on the Judiciary be author- ‘‘(A) BOOKSELLER.—The term ‘bookseller’ MEET ized to meet during the session of the means any person or entity engaged in the COMMITTEE ON AGRICULTURE, NUTRITION, AND Senate on May 26, 2011, at 10 a.m., in sale, rental or delivery of books, journals, FORESTRY SD–226 of the Dirksen Senate Office magazines, or other similar forms of commu- Building, to conduct an executive busi- nication in print or digitally. Mr. NELSON of Florida. Mr. Presi- ness meeting. ‘‘(B) DOCUMENTARY MATERIALS.—The term dent, I ask unanimous consent that the ‘documentary materials’ means any docu- Committee on Agriculture, Nutrition, The PRESIDING OFFICER. Without ment, tape or other communication created and Forestry be authorized to meet objection, it is so ordered. by a bookseller or library in connection with during the session of the Senate on SELECT COMMITTEE ON INTELLIGENCE print or digital dissemination of a book, May 26, 2011, at 10:15 a.m. in SH–216. Mr. NELSON of Florida. Mr. Presi- journal, magazine, newspaper, or other simi- The PRESIDING OFFICER. Without dent, I ask unanimous consent that the lar form of communication, including access objection, it is so ordered. Select Committee on Intelligence be to the Internet. COMMITTEE ON BANKING, HOUSING, AND URBAN authorized to meet during the session ‘‘(C) LIBRARY.—The term ‘library’ has the AFFAIRS meaning given that term under section 213(2) of the Senate on May 26, 2011, at 2:30 of the Library Services and Technology Act Mr. NELSON of Florida. Mr. Presi- p.m. (20 U.S.C. 9122(2)) whose services include ac- dent, I ask unanimous consent that the The PRESIDING OFFICER. Without cess to the Internet, books, journals, maga- Committee on Banking, Housing, and objection, it is so ordered. zines, newspapers, or other similar forms of Urban Affairs be authorized to meet SPECIAL COMMITTEE ON AGING communication in print or digitally to pa- during the session of the Senate on Mr. NELSON of Florida. Mr. Presi- trons for their use, review, examination or May 26, 2011, at 10 a.m. dent, I ask unanimous consent that the circulation. The PRESIDING OFFICER. Without Special Committee on Aging be author- ‘‘(D) PATRON.—The term ‘patron’ means objection, it is so ordered. ized to meet during the session of the any purchaser, renter, borrower, user or sub- scriber of goods or services from a library or COMMITTEE ON ENERGY AND NATURAL Senate on May 26, 2011, from 2–4 p.m. in bookseller. RESOURCES Dirksen 106. ‘‘(E) PERSONALLY IDENTIFIABLE INFORMA- Mr. NELSON of Florida. Mr. Presi- The PRESIDING OFFICER. Without TION.—The term ‘personally identifiable in- dent, I ask unanimous consent that the objection, it is so ordered. formation’ includes information that identi- Committee on Energy and Natural Re- f fies a person as having used, requested or ob- sources be authorized to meet during PRIVILEGES OF THE FLOOR tained specific reading materials or services the session of the Senate on May 26, from a bookseller or library.’’. 2011, at 10 a.m., in room 366 of the Dirk- Mr. CARDIN. Mr. President, I ask (b) NATIONAL SECURITY LETTERS.—Section sen Senate Office Building. unanimous consent that floor privi- 2709(f) of title 18, United States Code, is leges be temporarily granted to Kyle amended to read as follows: The PRESIDING OFFICER. Without ‘‘(f) EXCEPTION FOR LIBRARIES AND BOOK- objection, it is so ordered. Parker, a staff member of the Commis- SELLERS.— COMMITTEE ON FINANCE sion on Security and Cooperation in ‘‘(1) IN GENERAL.—A library or a bookseller Mr. NELSON of Florida. Mr. Presi- Europe, which I cochair, during the is not a wire or electronic communication dent, I ask unanimous consent that the pendency of this colloquy in which I service provider for purposes of this section, Committee on Finance be authorized to am engaging with Senator MCCAIN. regardless of whether the library or book- meet during the session of the Senate The PRESIDING OFFICER. Without seller is providing electronic communication objection, it is so ordered. service. on May 26, 2011, at 10 a.m., in room 215 f ‘‘(2) DEFINITIONS.—In this subsection: of the Dirksen Senate Office Building, ‘‘(A) BOOKSELLER.—The term bookseller to conduct a hearing entitled ‘‘The EXECUTIVE SESSION means any person or entity engaged in the U.S.-Korea Free Trade Agreement.’’ sale, rental, or delivery of books, journals, The PRESIDING OFFICER. Without magazines, or other similar forms of commu- objection, it is so ordered. NOMINATION OF DONALD B. nication in print or digitally. COMMITTEE ON FOREIGN RELATIONS VERRILLI, JR., TO BE SOLICITOR ‘‘(B) LIBRARY.—The term library has the Mr. NELSON of Florida. Mr. Presi- GENERAL OF THE UNITED meaning given that term in section 213(1) of STATES the Library Services and Technology Act (20 dent, I ask unanimous consent that the U.S.C. 9122(1)).’’. Committee on Foreign Relations be au- Ms. KLOBUCHAR. Mr. President, I thorized to meet during the session of move to proceed to executive session to SA 388. Ms. KLOBUCHAR (for Mrs. the Senate on May 26, 2011, at 10 a.m. consider Calendar No. 118, and I send a MURRAY) proposed an amendment to The PRESIDING OFFICER. Without cloture motion to the desk. the concurrent resolution S. Con. Res. objection, it is so ordered. The PRESIDING OFFICER. Without 4, expressing the sense of Congress that COMMITTEE ON HOMELAND SECURITY AND objection, it is so ordered. The motion an appropriate site on Chaplains Hill in GOVERNMENTAL AFFAIRS is agreed to. Arlington National Cemetery should be Mr. NELSON of Florida. Mr. Presi- The clerk will report the nomination. provided for a memorial marker to dent, I ask unanimous consent that the The bill clerk read the nomination of honor the memory of the Jewish chap- Committee on Homeland Security and Donald B. Verrilli, Jr., of the District lains who died while on active duty in Governmental Affairs be authorized to of Columbia, to be Solicitor General of the Armed Forces of the United States; meet during the session of the Senate the United States. as follows: on May 26, 2011, at 2:30 p.m. CLOTURE MOTION In the resolving clause, insert before the The PRESIDING OFFICER. Without The PRESIDING OFFICER. The clo- period at the end the following: ‘‘and that, in objection, it is so ordered. ture motion having been presented

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3458 CONGRESSIONAL RECORD — SENATE May 26, 2011 under rule XXII, the Chair directs the for intelligence activities for fiscal The bill clerk read as follows: clerk to read the motion. year 2011. However, in anticipation of A bill (S. 627) to establish the Commission The bill clerk read as follows: tighter future budgets, the bill also on Freedom of Information Act Processing CLOTURE MOTION takes some initial steps to prepare the and Delays. We, the undersigned Senators, in accord- intelligence community for likely There being no objection, the Senate ance with the provisions of rule XXII of the smaller budgets and personnel de- proceeded to consider the bill, which Standing Rules of the Senate, hereby move creases in the coming years. had been reported from the Committee to bring to a close debate on the nomination The bill includes a number of legisla- on the Judiciary, with amendments, as of Donald B. Verrilli, Jr., of the District of tive provisions, including: follows: Columbia, to be Solicitor General of the A section requiring the intelligence [Omit the part struck through and United States. community to prevent another secu- insert the part printed in italic.] Patrick J. Leahy, Kent Conrad, John F. rity disaster, such as the recent leaks Kerry, Sheldon Whitehouse, Amy S. 627 Klobuchar, Benjamin L. Cardin, Jeff of classified information to Wikileaks, Be it enacted by the Senate and House of Rep- Bingaman, Barbara Boxer, Jeff through the implementation of auto- resentatives of the United States of America in Merkley, Ron Wyden, Robert Menen- mated information technology threat Congress assembled, dez, Jeanne Shaheen, Bernard Sanders, detection programs that must be fully SECTION 1. COMMISSION ON FREEDOM OF IN- Frank R. Lautenberg, Jack Reed, operational by the end of 2013; FORMATION ACT PROCESSING Patty Murray, Richard J. Durbin A provision improving the ability of DELAYS. (a) SHORT TITLE.—This Act may be cited as Ms. KLOBUCHAR. Mr. President, I government agencies to detail per- the ‘‘Faster FOIA Act of 2011’’. ask unanimous consent that on Mon- sonnel to needed areas of the intel- (b) ESTABLISHMENT.—There is established day, June 6, 2011, at 4:30 p.m., the Sen- ligence community; the Commission on Freedom of Information ate proceed to executive session to con- A commendation of intelligence com- Act Processing Delays (in this Act referred sider Calendar No. 118; that there be 1 munity personnel for their role in to as the ‘‘Commission’’ for the purpose of hour for debate equally divided in the bringing Osama bin Laden to justice conducting a study relating to methods to help reduce delays in processing requests usual form prior to the cloture vote; and reaffirming the commitment of the Congress to use the capabilities of the submitted to Federal agencies under section further, that the mandatory quorum 552 of title 5, United States Code (commonly under rule XXII be waived. intelligence community to disrupt, dis- referred to as the ‘‘Freedom of Information The PRESIDING OFFICER. Without mantle, and defeat al-Qaida and affili- Act’’). objection, it is so ordered. ated organizations. (c) MEMBERSHIP.— With the passage of this legislation, I (1) IN GENERAL.—The Commission shall be f believe we have restored the commit- composed of ø16¿ 12 members of whom— LEGISLATIVE SESSION tee’s ability to do oversight, and we are (A) ø3¿ 2 shall be appointed by the chair- now on track to pass intelligence au- man of the Committee on the Judiciary of Ms. KLOBUCHAR. Mr. President, I the Senate; ask unanimous consent that the Sen- thorization bills each year. ø ¿ I very much appreciate the close col- (B) 3 2 shall be appointed by the ranking ate resume legislative session. member of the Committee on the Judiciary The PRESIDING OFFICER. Without laboration of Senator CHAMBLISS, the of the Senate; objection, it is so ordered. vice chairman of the committee, in (C) ø3¿ 2 shall be appointed by the chair- this effort. We have worked closely to- man of the Committee on Government Re- f gether to craft this legislation, and to form of the House of Representatives; INTELLIGENCE AUTHORIZATION secure its passage. (D) ø3¿ 2 shall be appointed by the ranking ACT FOR FISCAL YEAR 2011 I also thank Chairman ROGERS and member of the Committee on Government Reform of the House of Representatives; Ms. KLOBUCHAR. Mr. President, I Ranking Member RUPPERSBERGER for their efforts on the House Permanent (E) 1 shall be appointed by the Attorney ask unanimous consent that the Sen- General of the United States; Select Committee on Intelligence. We ate proceed to the consideration of Cal- (F) 1 shall be appointed by the Director of endar No. 56, H.R. 754. worked well together on the fiscal year the Office of Management and Budget; The PRESIDING OFFICER. The 2011 legislation to bring forward coordi- (G) 1 shall be appointed by the Archivist of clerk will report the bill by title. nated bills to the House and the Sen- the United States; and (H) 1 shall be appointed by the Comptroller The bill clerk read as follows: ate, and I look forward to continue to work together to enact the fiscal year General of the United States. A bill (H.R. 754) to authorize appropria- 2012 intelligence authorization bill. (2) QUALIFICATIONS OF CONGRESSIONAL AP- tions for fiscal year 2011 for intelligence and POINTEES.—Of the ø3¿ 2 appointees under intelligence-related activities of the United Ms. KLOBUCHAR. Mr. President, I ask unanimous consent that the bill be each of subparagraphs (A), (B), (C), and (D) of States Government, the Community Man- paragraph (1) at least ø2¿ 1 shall have experi- agement Account, and the Central Intel- read a third time and the Senate pro- ence øin academic research¿ as a FOIA re- ligence Agency Retirement and Disability ceed to a vote on passage of the bill. questor, or in the fields of library science, in- System, and for other purposes. The PRESIDING OFFICER. Without formation management, or public access to There being no objection, the Senate objection, it is so ordered. Government information. proceeded to consider the bill. The question is on the third reading (3) TIMELINESS OF APPOINTMENTS.—Appoint- Mrs. FEINSTEIN. Mr. President, I of the bill. ments to the Commission shall be made as The bill was ordered to a third read- expeditiously as possible, but not later than am very pleased that the Senate will be 60 days after the date of enactment of this passing the fiscal year 2011 intelligence ing and was read the third time. The PRESIDING OFFICER. The Act. authorization bill today. question is on the passage of the bill. (d) STUDY.—The Commission shall conduct This is now the second year in a row The bill (H.R. 754) was passed. a study to— that we have been able to pass an au- Ms. KLOBUCHAR. Mr. President, I (1) identify methods that— thorization bill, after 6 years without (A) will help reduce delays in the proc- ask unanimous consent that the mo- essing of requests submitted to Federal agen- doing so. tion to reconsider be laid upon the The bill authorizes funding for fiscal cies under section 552 of title 5, United table and that any statements relating States Code; and year 2011 for the 16 different agencies to the bill be printed in the RECORD. (B) ensure the efficient and equitable ad- across the U.S. Government that make The PRESIDING OFFICER. Without ministration of that section throughout the up the intelligence community. Unlike objection, it is so ordered. Federal Government; the fiscal year 2010 bill, which was en- (2) examine whether the system for charg- f acted last October, this bill also con- ing fees and granting waivers of fees under tains a classified annex, which is the FASTER FOIA ACT OF 2011 section 552 of title 5, United States Code, main mechanism the Intelligence Com- Ms. KLOBUCHAR. Mr. President, I needs to be reformed in order to reduce mittee has to set the level of intel- delays in processing requests; and ask unanimous consent that the Sen- (3) examine and determine— ligence spending and direct how it is ate proceed to the consideration of Cal- (A) why the Federal Government’s use of used. endar No. 31, S. 627. the exemptions under section 552(b) of title 5, The bill adds hundreds of millions of The PRESIDING OFFICER. The United States Code, increased during fiscal dollars above the President’s request clerk will report the bill by title. year 2009;

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The commission will also study (C) what efforts were made by Federal their homes or regular places of business in agencies to comply with President Obama’s the performance of services for the Commis- why Federal agencies are more and January 21, 2009 Presidential Memorandum sion.¿ more relying on FOIA exemptions to on Freedom of Information Act Requests and (i) TRAVEL EXPENSES.— withhold information from the public. whether those efforts were successful; øand¿ (1) IN GENERAL.—The members of the Commis- In addition, the commission will exam- (D) ømake¿ any recommendations on how sion shall be allowed travel expenses, including ine whether the current system for the use of exemptions under section 552(b) of per diem in lieu of subsistence, at rates author- charging fees and granting fee waivers ized for employees of agencies under subchapter title 5, United States Code, may be under FOIA should be modified. The limitedø.¿; and I of chapter 57 of title 5, United States Code, (E)(i) whether any disparities in processing, while away from their homes or regular places commission will also be made up of processing times, and completeness of responses of business in the performance of services for the government and non-governmental rep- to FOIA requestors have occurred based upon Commission. resentatives with a broad range of ex- political considerations, ideological viewpoints, (2) PAYMENT OF EXPENSES.—The Adminis- perience related to handling FOIA re- the identity of the requestors, affiliation with trator of General Services shall pay travel ex- quests. the media, or affiliation with advocacy groups; penses under this subsection from available ap- I have said many times over the (ii) if any disparities have occurred, why such propriations in the operating expenses account of the General Services Administration. years that open government is neither disparities have occurred; and a Democratic issue, nor a Republican (iii) the extent to which political appointees (3) APPROPRIATIONS REQUESTS.—Expenses have been involved in the FOIA process. paid under this subsection shall not form the issue—it is truly an American value (e) REPORT.—Not later than 1 year after basis for additional appropriations requests and virtue that we all must uphold. I the date of enactment of this Act, the Com- from the National Archives and Records Admin- thank Senator CORNYN for his work on mission shall submit a report to Congress istration in the future. this bill and for his leadership on this (j) TRANSPARENCY.—All meetings of the and the President containing the results of issue. I also thank Senator WHITEHOUSE Commission shall be open to the public, ex- the study under this section, which shall in- who has cosponsored this bill. clude— cept that a meeting, or any portion of it, may be closed to the public if it concerns In addition, I thank the Judiciary (1) a description of the methods identified Committee’s ranking member, Senator by the study; matters or information described in chapter (2) the conclusions and recommendations 552b(c) of title 5, United States Code. Inter- GRASSLEY, for working with me on this of the Commission regarding— ested persons shall be permitted to appear at bill and his help in securing its passage (A) each method identified; and open meetings and present oral or written in the Senate. I commend and thank (B) the charging of fees and granting of statements on the subject matter of the the many open government and FOIA waivers of fees; and meeting. The Commission may administer oaths or affirmations to any person appear- advocacy groups that have supported (3) recommendations for legislative or ad- ing before the Commission. this bill, including ministrative actions to implement the con- (k) TERMINATION.—The Commission shall OpenTheGovernment.org, the Project clusions of the Commission. terminate 30 days after the submission of the on Government Oversight and the Sun- ø(f) STAFF AND ADMINISTRATIVE SUPPORT report under subsection (e). SERVICES.—The Archivist of the United shine in Government Initiative. States shall provide to the Commission such Mr. LEAHY. Mr. President, I com- I hope that the House of Representa- staff and administrative support services, in- mend the Senate for unanimously pass- tives will promptly pass this good gov- cluding research assistance at the request of ing the Faster FOIA Act of 2011. This ernment legislation, so that the Com- the Commission, as necessary for the Com- important bill will establish a bipar- mission on Freedom of Information Act mission to perform its functions efficiently tisan commission to examine the root Processing Delays can begin its work. and in accordance with this section.¿ causes of agency delays in processing Ms. KLOBUCHAR. Mr. President, I (f) STAFF AND ADMINISTRATIVE SUPPORT SERV- Freedom of Information Act—FOIA— ask unanimous consent that the com- ICES.— (1) IN GENERAL.—The Archivist of the United requests, and to recommend to the mittee-reported amendments be agreed States shall provide to the Commission such Congress and the President steps to to, the bill, as amended, be read a third staff and administrative support services, in- help eliminate FOIA backlogs. time and passed, the motions to recon- cluding research assistance at the request of the Senator CORNYN and I first intro- sider be laid upon the table, with no in- Commission, as necessary for the Commission to duced this bill in 2005, because we were tervening action or debate, and that perform its functions efficiently and in accord- concerned about the growing problem any statements relating to the bill be ance with this section. of excessive FOIA delays within our printed in the RECORD. (2) PAYMENT OF EXPENSES.— Federal agencies. During the inter- (A) STAFF SALARIES.—The Archivist of the The PRESIDING OFFICER. Without United States shall pay staff expenses relating vening years, the problem of excessive objection, it is so ordered. to salaries under this subsection from available FOIA delays did not go away. That is The committee amendments were appropriations in the applicable account for sal- why in 2010, we reintroduced this bill agreed to. aries of the National Archives and Records Ad- and the Senate unanimously passed it The bill (S. 627), as amended, was or- ministration. last year. After the Judiciary Commit- dered to be engrossed for a third read- (B) ADMINISTRATIVE SUPPORT SERVICES.—Ex- tee’s hearing in March on FOIA, we re- ing, was read the third time and cept as provided under subparagraph (A), the introduced this bill yet again—with the passed, as follows: Archivist of the United States shall pay staff and administrative expenses under this sub- hope that the Congress will finally S. 627 section from available appropriations in the op- enact this good government legisla- Be it enacted by the Senate and House of Rep- erating expenses account of the National Ar- tion. Today, the Senate is doing its resentatives of the United States of America in chives and Records Administration. part to achieve that goal. Congress assembled, (3) APPROPRIATIONS REQUESTS.—Expenses While the Obama administration has SECTION 1. COMMISSION ON FREEDOM OF IN- paid under this subsection shall not form the made significant progress in improving FORMATION ACT PROCESSING basis for additional appropriations requests the FOIA process, large backlogs re- DELAYS. from the National Archives and Records Admin- main a major roadblock to public ac- (a) SHORT TITLE.—This Act may be cited as istration in the future. the ‘‘Faster FOIA Act of 2011’’. (g) INFORMATION.—To the extent permitted cess to information. A recent report re- (b) ESTABLISHMENT.—There is established by law, the heads of executive agencies, the leased by the National Security Ar- the Commission on Freedom of Information Government Accountability Office, and the chive found that only about half of the Act Processing Delays (in this Act referred Congressional Research Service shall provide Federal agencies surveyed have taken to as the ‘‘Commission’’ for the purpose of to the Commission such information as the concrete steps to update their FOIA conducting a study relating to methods to Commission may require to carry out its policies in light of these reforms. These help reduce delays in processing requests functions. delays are simply unacceptable. The bi- submitted to Federal agencies under section (h) COMPENSATION OF MEMBERS.—Members 552 of title 5, United States Code (commonly of the Commission shall serve without com- partisan FOIA commission established referred to as the ‘‘Freedom of Information pensation for services performed for the by this bill will help to reverse this Act’’). Commission. trend. (c) MEMBERSHIP.— ø(i) TRAVEL EXPENSES.—The members of The commission created by the Fast- (1) IN GENERAL.—The Commission shall be the Commission shall be allowed travel ex- er FOIA Act will make key rec- composed of 12 members of whom—

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3460 CONGRESSIONAL RECORD — SENATE May 26, 2011 (A) 2 shall be appointed by the chairman of (B) the charging of fees and granting of from further consideration of S. Con. the Committee on the Judiciary of the Sen- waivers of fees; and Res. 4 and that the Senate proceed to ate; (3) recommendations for legislative or ad- its immediate consideration. (B) 2 shall be appointed by the ranking ministrative actions to implement the con- The PRESIDING OFFICER. Without member of the Committee on the Judiciary clusions of the Commission. of the Senate; (f) STAFF AND ADMINISTRATIVE SUPPORT objection, it is so ordered. (C) 2 shall be appointed by the chairman of SERVICES.— The clerk will report the concurrent the Committee on Government Reform of (1) IN GENERAL.—The Archivist of the resolution by title. the House of Representatives; United States shall provide to the Commis- The bill clerk read as follows: (D) 2 shall be appointed by the ranking sion such staff and administrative support A resolution (S. Con. Res. 4) expressing the member of the Committee on Government services, including research assistance at the sense of Congress that an appropriate site on Reform of the House of Representatives; request of the Commission, as necessary for Chaplains Hill in Arlington National Ceme- (E) 1 shall be appointed by the Attorney the Commission to perform its functions effi- tery should be provided for a memorial General of the United States; ciently and in accordance with this section. marker to honor the memory of the Jewish (F) 1 shall be appointed by the Director of (2) PAYMENT OF EXPENSES.— chaplains who died while on active duty in the Office of Management and Budget; (A) STAFF SALARIES.—The Archivist of the the Armed Forces of the United States. (G) 1 shall be appointed by the Archivist of United States shall pay staff expenses relat- the United States; and ing to salaries under this subsection from There being no objection, the Senate (H) 1 shall be appointed by the Comptroller available appropriations in the applicable ac- proceeded to consider the concurrent General of the United States. count for salaries of the National Archives resolution. (2) QUALIFICATIONS OF CONGRESSIONAL AP- and Records Administration. Mrs. MURRAY. Mr. President, I POINTEES.—Of the 2 appointees under each of (B) ADMINISTRATIVE SUPPORT SERVICES.— would like to take a moment to speak subparagraphs (A), (B), (C), and (D) of para- Except as provided under subparagraph (A), on the passage of S. Con. Res. 4, as graph (1) at least 1 shall have experience as the Archivist of the United States shall pay amended, which would allow for the es- a FOIA requestor, or in the fields of library staff and administrative expenses under this tablishment of a Jewish Chaplains Me- science, information management, or public subsection from available appropriations in access to Government information. the operating expenses account of the Na- morial on Chaplains Hill in Arlington (3) TIMELINESS OF APPOINTMENTS.—Appoint- tional Archives and Records Administration. National Cemetery. ments to the Commission shall be made as (3) APPROPRIATIONS REQUESTS.—Expenses Since their inclusion in the Chaplain expeditiously as possible, but not later than paid under this subsection shall not form the Corps in 1862, Jewish Chaplains have 60 days after the date of enactment of this basis for additional appropriations requests played a vital role in supporting mem- Act. from the National Archives and Records Ad- bers of the Armed Forces. In Arlington (d) STUDY.—The Commission shall conduct ministration in the future. National Cemetery, Chaplains Hill (g) INFORMATION.—To the extent permitted a study to— serves as a memorial for military chap- (1) identify methods that— by law, the heads of executive agencies, the Government Accountability Office, and the lains who have died in service to their (A) will help reduce delays in the proc- country. essing of requests submitted to Federal agen- Congressional Research Service shall provide cies under section 552 of title 5, United to the Commission such information as the Chaplains play a critical role in the States Code; and Commission may require to carry out its lives of our Nation’s soldiers, providing (B) ensure the efficient and equitable ad- functions. spiritual guidance and emotional sup- ministration of that section throughout the (h) COMPENSATION OF MEMBERS.—Members port in their times of need. In addition Federal Government; of the Commission shall serve without com- to their spiritual role, chaplains still pensation for services performed for the (2) examine whether the system for charg- remain a part of the military and give ing fees and granting waivers of fees under Commission. (i) TRAVEL EXPENSES.— their lives in the line of duty. section 552 of title 5, United States Code, (1) IN GENERAL.—The members of the Com- Mr. President, in particular, one needs to be reformed in order to reduce mission shall be allowed travel expenses, in- delays in processing requests; and story poignantly tells of the service cluding per diem in lieu of subsistence, at (3) examine and determine— and sacrifice that chaplains make on rates authorized for employees of agencies (A) why the Federal Government’s use of behalf of their fellow servicemembers. under subchapter I of chapter 57 of title 5, the exemptions under section 552(b) of title 5, On January 23, 1943, the USAT Dor- United States Code, while away from their United States Code, increased during fiscal homes or regular places of business in the chester was attacked by an enemy sub- year 2009; performance of services for the Commission. marine while off the coast of New- (B) the reasons for any increase, including (2) PAYMENT OF EXPENSES.—The Adminis- foundland. Four Army chaplains re- whether the increase was warranted and trator of General Services shall pay travel mained on the sinking vessel ensuring whether the increase contributed to FOIA expenses under this subsection from avail- processing delays; that surviving crew members would be able appropriations in the operating ex- (C) what efforts were made by Federal able to reach the lifeboats, even sur- penses account of the General Services Ad- agencies to comply with President Obama’s rendering their own lifejackets to ministration. January 21, 2009 Presidential Memorandum crewmembers in need. As the ship (3) APPROPRIATIONS REQUESTS.—Expenses on Freedom of Information Act Requests and paid under this subsection shall not form the began to sink, the chaplains banded to- whether those efforts were successful; basis for additional appropriations requests gether to pray for the safety of the (D) any recommendations on how the use from the National Archives and Records Ad- crew. In honor of that selfless act, Con- of exemptions under section 552(b) of title 5, ministration in the future. gress created the Chaplain’s Medal of United States Code, may be limited; and (j) TRANSPARENCY.—All meetings of the Honor, also known as the Four Chap- (E)(i) whether any disparities in proc- Commission shall be open to the public, ex- essing, processing times, and completeness lains Medal. One of the chaplains was cept that a meeting, or any portion of it, Rabbi Alexander D. Goode, a lieutenant of responses to FOIA requestors have oc- may be closed to the public if it concerns curred based upon political considerations, matters or information described in chapter in the Army, who is one of the 13 Jew- ideological viewpoints, the identity of the 552b(c) of title 5, United States Code. Inter- ish Chaplains who would be honored by requestors, affiliation with the media, or af- ested persons shall be permitted to appear at the memorial that this Resolution filiation with advocacy groups; open meetings and present oral or written would establish. (ii) if any disparities have occurred, why statements on the subject matter of the I would like to thank the many such disparities have occurred; and meeting. The Commission may administer groups and individuals involved in this (iii) the extent to which political ap- oaths or affirmations to any person appear- pointees have been involved in the FOIA project. Specifically, I would like to ing before the Commission. acknowledge the efforts of Rabbi Har- process. (k) TERMINATION.—The Commission shall (e) REPORT.—Not later than 1 year after terminate 30 days after the submission of the old Robinson, RADM CHC USN Re- the date of enactment of this Act, the Com- report under subsection (e). tired, Kenneth Kraetzer, Mr. Sol mission shall submit a report to Congress f Moglen and Ms. Shelley Rood. Without and the President containing the results of the work of these dedicated individ- the study under this section, which shall in- APPROPRIATE SITING ON CHAP- uals, the sacrifice Jewish Chaplains clude— LAINS HILL IN ARLINGTON CEM- have made on behalf of this Nation (1) a description of the methods identified ETERY by the study; would remain unmemorialized in Ar- (2) the conclusions and recommendations Ms. KLOBUCHAR. Mr. President, I lington National Cemetery. of the Commission regarding— ask unanimous consent that the Vet- Ms. KLOBUCHAR. I ask unanimous (A) each method identified; and erans’ Affairs Committee be discharged consent that the Murray amendment,

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3461 which is at the desk, be agreed to, the Whereas Army Chaplain Rabbi Nachman to finding a cure for cancer, and designating concurrent resolution, as amended, be Arnoff died in service of his faith and his May 2011, as ‘‘National Cancer Research agreed to, the preamble be agreed to, country on May 9, 1946; Month.’’ the motions to reconsider be laid upon Whereas Army Chaplain Rabbi Frank Gold- enberg died in service of his faith and his There being no objection, the Senate the table, with no intervening action country on May 22, 1946; proceeded to consider the resolution. or debate, and any statements be print- Whereas Army Chaplain Rabbi Henry Ms. KLOBUCHAR. Mr. President, I ed in the RECORD. Goody died in service of his faith and his ask unanimous consent that Senator The PRESIDING OFFICER. Without country on October 19, 1943; objection, it is so ordered. Whereas Army Chaplain Rabbi Samuel CARDIN be added as a cosponsor. The amendment (No. 388) was agreed Hurwitz died in service of his faith and his The PRESIDING OFFICER. Without to as follows: country December 9, 1943; objection, it is so ordered. Whereas Air Force Chaplain Rabbi Samuel (Purpose: To express the sense of Congress Ms. KLOBUCHAR. Mr. President, I on the establishment of an advisory com- Rosen died in service of his faith and his mission on memorials at Arlington Na- country on May 13, 1955; further ask unanimous consent that tional Cemetery and facilitate evaluation Whereas Air Force Chaplain Rabbi David the resolution be agreed to, the pre- and approval of future monuments and me- Sobel died in service of his faith and his amble be agreed to, the motions to re- morials at the cemetery) country on March 7, 1974; consider be laid upon the table, with no In the resolving clause, insert before the Whereas Chaplains Hill in Arlington Na- intervening action or debate, and any period at the end the following: ‘‘and that, in tional Cemetery memorializes the names of statements related to the resolution be 242 chaplains who perished while on active order to preserve, protect, and maintain the printed in the RECORD. limited amount of space available at Arling- duty in the Armed Forces of the United ton National Cemetery and ensure that fu- States; and The PRESIDING OFFICER. Without ture proposals for commemorative works are Whereas none of the 13 Jewish chaplains objection, it is so ordered. who have died while on active duty are me- appropriately designed, constructed, and lo- The resolution (S. Res. 172) was cated and reflect a consensus of the lasting morialized on Chaplains Hill: Now, therefore, national significance of the subjects in- be it agreed to. volved, the President of the United States, Resolved by the Senate (the House of Rep- The preamble was agreed to. as Commander in Chief, should establish an resentatives concurring), That it is the sense Arlington National Cemetery Memorial Ad- of Congress that an appropriate site on Chap- The resolution, with its preamble, visory Commission and procedures for the lains Hill in Arlington National Cemetery reads as follows: should be provided for a memorial marker, evaluation and approval of new monuments S. RES. 172 and memorials comparable to those in chap- to be paid for with private funds, to honor ter 89 of title 40, United States Code (com- the memory of the Jewish chaplains who Whereas in 2011, cancer remains one of the monly referred to as the ‘Commemorative died while on active duty in the Armed most pressing public health concerns in the Works Act’)’’. Forces of the United States, so long as the United States, with 1,500,000 Americans ex- Secretary of the Army has exclusive author- pected to be diagnosed with cancer and more The concurrent resolution (S. Con. ity to approve the design and site of the me- than 500,000 expected to die from the disease; Res. 4), as amended, was agreed to. morial marker and that, in order to preserve, Whereas the term ‘‘cancer’’ refers to more The preamble was agreed to. protect, and maintain the limited amount of than 200 diseases that collectively represent The concurrent resolution, as amend- space available at Arlington National Ceme- the leading cause of death for Americans ed with its preamble, reads as follows: tery and ensure that future proposals for under age 85, and the second leading cause of S. CON. RES. 4 commemorative works are appropriately de- death for Americans overall; Whereas 13 Jewish chaplains have died signed, constructed, and located and reflect a Whereas the national investment in cancer while on active duty in the Armed Forces of consensus of the lasting national signifi- research has yielded substantial returns in the United States; cance of the subjects involved, the President research advances and lives saved, with a Whereas Army Chaplain Rabbi Alexander of the United States, as Commander in Chief, scholarly estimate that every 1 percent de- Goode died on February 3, 1943, when the should establish an Arlington National Cem- cline in cancer mortality saves the United USS Dorchester was sunk by German tor- etery Memorial Advisory Commission and States economy $500,000,000,000; pedoes off the coast of Greenland; procedures for the evaluation and approval Whereas advancements in the under- Whereas Chaplain Goode received the Four of new monuments and memorials com- standing of the causes, mechanisms, diag- Chaplains’ Medal for Heroism and the Distin- parable to those in chapter 89 of title 40, nosis, treatment, and prevention of cancer guished Service Cross for his heroic efforts United States Code (commonly referred to as have led to cures for many types of cancers to save the lives of those onboard the Dor- the ‘‘Commemorative Works Act’’). and have converted other types of cancers chester; Ms. KLOBUCHAR. Mr. President, I into manageable chronic conditions; Whereas Army Chaplain Rabbi Irving Whereas the 5-year survival rate for all suggest the absence of a quorum. cancers has improved during the 30 years Tepper was killed in action in France on Au- The PRESIDING OFFICER. The gust 13, 1944; prior to the date of approval of this resolu- clerk will call the roll. tion to more than 65 percent, and as of 2011, Whereas Chaplain Tepper also saw combat The bill clerk proceeded to call the in Morocco, Tunisia, and Sicily while at- there are more than 12,000,000 cancer sur- tached to an infantry combat team in the roll. vivors living in the United States; Ninth Division; Ms. KLOBUCHAR. Mr. President, I Whereas partnerships with research sci- Whereas Army Chaplain Rabbi Louis ask unanimous consent that the order entists and the general public, survivors and Werfel died on December 24, 1944, at the for the quorum call be rescinded. patient advocates, philanthropic organiza- young age of 27, in a plane crash while en The PRESIDING OFFICER. Without tions, industry, and Federal, State, and local route to conduct Chanukah services; objection, it is so ordered. governments have led to advanced break- Whereas Chaplain Werfel was known as throughs, early detection tools that have in- f ‘‘The Flying Rabbi’’ because his duties re- creased survival rates, and a better quality quired traveling great distances by plane to NATIONAL CANCER RESEARCH of life for cancer survivors; and serve Army personnel of Jewish faith at out- MONTH Whereas advances in cancer research have lying posts; had significant implications for the treat- Whereas Army Chaplain Rabbi Meir Engel Ms. KLOBUCHAR. Mr. President, I ment of other costly diseases such as diabe- died at the Naval Hospital in Saigon on De- ask unanimous consent that the HELP tes, heart disease, Alzheimer’s disease, HIV/ cember 16, 1964, after faithfully serving his Committee be discharged from further AIDS, and macular degeneration: Now, country during World War II, the Korean consideration of S. Res. 172 and the therefore, be it War, and the Vietnam War; Senate proceed to its immediate con- Resolved, That the Senate— Whereas Army Chaplain Rabbi Morton sideration. (1) recognizes the importance of cancer re- Singer died on December 17, 1968, in a plane The PRESIDING OFFICER. Without search and the invaluable contributions of crash while on a mission in Vietnam to con- objection, it is so ordered. the researchers in the United States and duct Chanukah services; worldwide and who are dedicated to revers- Whereas Army Chaplain Rabbi Herman The clerk will report the resolution ing the cancer epidemic; Rosen died in service of his faith and his by title. (2) designates May 2011 as ‘‘National Can- country on June 18, 1943; The bill clerk read as follows: cer Research Month’’; and Whereas Chaplain Rabbi Herman Rosen’s A resolution (S. Res. 172) recognizing the (3) supports efforts to make cancer re- son, Air Force Chaplain Solomon Rosen, also importance of cancer research and the con- search a national and international priority died in service of his faith and his country, tributions made by scientists and clinicians so that one day the more than 200 diseases on November 2, 1948; across the United States who are dedicated known as cancer are eliminated.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3462 CONGRESSIONAL RECORD — SENATE May 26, 2011 NATIONAL FOSTER CARE MONTH Whereas the number of youth who ‘‘age The preamble was agreed to. out’’ of foster care has steadily increased for The resolution, with its preamble, Ms. KLOBUCHAR. Mr. President, I the past decade; reads as follows: ask unanimous consent that the Sen- Whereas children who ‘‘age out’’ of foster S. RES. 204 ate proceed to S. Res. 203, submitted care lack the security or support of a bio- earlier today. logical or adoptive family and frequently Whereas food insecurity and hunger are a fact of life for millions of individuals in the The PRESIDING OFFICER. The struggle to secure affordable housing, obtain health insurance, pursue higher education, United States and can produce physical, clerk will report the resolution by mental, and social impairments; title. and acquire adequate employment; Whereas on average, 8.5 percent of the posi- Whereas recent data published by the De- The bill clerk read as follows: tions in child protective services remain va- partment of Agriculture show that approximately 50,200,000 individuals in the United A resolution (S. Res. 203) recognizing ‘‘Na- cant; States live in households experiencing hun- tional Foster Care Month’’ as an opportunity Whereas due to heavy caseloads and lim- ger or food insecurity, and of that number, to raise awareness about the challenges of ited resources, the average tenure for a 33,000,000 are adults and 17,200,000 are chil- children in the foster care system, and en- worker in child protection services is just 3 dren; couraging Congress to implement policy to years; Whereas the Department of Agriculture improve the lives of children in the foster Whereas States, localities, and commu- data also show that households with children care system. nities should be encouraged to invest re- experience nearly twice the rate of food inse- sources in preventative and reunification There being no objection, the Senate curity as those households without children; services and post-permanency programs to proceeded to consider the resolution. Whereas 4.8 percent of all households in ensure that more children in foster care are the United States (approximately 5,600,000 Ms. KLOBUCHAR. Mr. President, I provided with safe, loving, and permanent ask unanimous consent that the reso- households) have accessed emergency food placements; from a food pantry 1 or more times; lution be agreed to, the preamble be Whereas the Fostering Connections to Suc- Whereas the report entitled ‘‘Household agreed to, the motions to reconsider be cess and Increasing Adoptions Act of 2008 Food Security in the United States, 2009’’ laid upon the table, with no inter- (Public Law 110-351; 122 Stat. 3949) provides and published by the Economic Research vening action or debate, and any state- for new investments and services to improve Service of the Department of Agriculture ments relating to the matter be print- the outcomes of children and families in the found that in 2009, the most recent year for foster care system; and ed in the RECORD. which data exist— Whereas much remains to be done to en- (1) 14.7 percent of all households in the The PRESIDING OFFICER. Without sure that all children have a safe, loving, United States experienced food insecurity at objection, it is so ordered. nurturing, and permanent family, regardless some point during the year; The resolution (S. Res. 203) was of age or special needs: Now, therefore, be it (2) 21.3 percent of all households with chil- agreed to. Resolved, That the Senate— dren in the United States experienced food The preamble was agreed to. (1) recognizes ‘‘National Foster Care insecurity at some point during the year; Month’’ as an opportunity to raise awareness and The resolution, with its preamble, about the challenges that children in the fos- (3) 7.5 percent of all households with elder- reads as follows: ter care system face; ly individuals in the United States experi- S. RES. 203 (2) encourages Congress to implement pol- enced food insecurity at some point during Whereas ‘‘National Foster Care Month’’ icy to improve the lives of children in the the year; was established more than 20 years ago to foster care system; Whereas the problem of hunger and food bring foster care issues to the forefront, to (3) supports the designation of May as ‘‘Na- insecurity can be found in rural, suburban, highlight the importance of permanency for tional Foster Care Month’’; and urban portions of the United States, every child, and to recognize the essential (4) acknowledges the special needs of chil- touching nearly every community of the role that foster parents, social workers, and dren in the foster care system; United States; advocates have in the lives of children in fos- (5) honors the commitment and dedication Whereas, although substantial progress has ter care throughout the United States; of the individuals who work tirelessly to pro- been made in reducing the incidence of hun- Whereas all children deserve a safe, loving, vide assistance and services to children in ger and food insecurity in the United States, and permanent home; the foster care system; and many Americans remain vulnerable to hun- Whereas the primary goal of the foster (6) reaffirms the need to continue working ger and the negative effects of food insecu- care system is to ensure the safety and well- to improve the outcomes of all children in rity; being of children while working to provide a the foster care system through title IV of Whereas the people of the United States safe, loving, and permanent home for each the Social Security Act (42 U.S.C. 601 et seq.) have a long tradition of providing food as- child; and other programs designed to help children sistance to hungry individuals through acts Whereas there are approximately 420,000 in the foster care system reunite with their of private generosity and public support pro- children living in foster care; biological parents or, if the children cannot grams; Whereas there are 115,000 children in foster be reunited with their biological parents, Whereas the Federal Government provides care awaiting adoption; find permanent, safe, and loving homes. nutritional support to millions of individuals Whereas 57,000 children are adopted out of f through numerous Federal food assistance foster care each year; programs, including— NATIONAL HUNGER AWARENESS (1) the supplemental nutrition assistance Whereas children of color are more likely program established under the Food and Nu- to stay in the foster care system for longer DAY trition Act of 2008 (7 U.S.C. 2011 et seq.); periods of time and are less likely to be re- Ms. KLOBUCHAR. Mr. President, I (2) the child nutrition program established united with their biological families; ask unanimous consent that the Sen- under the Richard B. Russell National Whereas the number of available foster ate proceed to S. Res. 204, submitted School Lunch Act (42 U.S.C. 1751 et seq.); homes is declining, and there are only 2.8 earlier today. (3) the special supplemental nutrition pro- foster homes for every 10 children in foster The PRESIDING OFFICER. The gram for women, infants, and children estab- care; clerk will report. lished by section 17 of the Child Nutrition Whereas children entering foster care often The bill clerk read as follows: Act of 1966 (42 U.S.C. 1786); confront the widespread misperception that (4) the emergency food assistance program children in foster care are disruptive, unruly, A resolution (S. Res. 204) designating June established under the Emergency Food As- and dangerous, even though placement in 7, 2011, as ‘‘National Hunger Awareness sistance Act of 1983 (7 U.S.C. 7501 et seq.); foster care is based on the actions of a par- Day.’’ and ent or guardian, not the child; There being no objection, the Senate (5) food donation programs; Whereas foster care is intended to be a proceeded to consider the resolution. Whereas there is a growing awareness of temporary placement, but children remain Ms. KLOBUCHAR. Mr. President, I the important role that community-based in the foster care system for an average of 2 ask unanimous consent that the reso- organizations, institutions of faith, and years; lution be agreed to, the preamble be charities play in assisting hungry and food- Whereas children in foster care experience agreed to, the motions to reconsider be insecure individuals; an average of 3 different placements, which laid upon the table, with no inter- Whereas more than 50,000 local, commu- often leads to disruption of routines, and the nity-based organizations rely on the support need to change schools and move away from vening action or debate, and that any and efforts of more than 1,000,000 volunteers siblings, extended families, and familiar sur- statements be printed in the RECORD. to provide food assistance and services to roundings; The PRESIDING OFFICER. Without millions of vulnerable people; and Whereas more than 29,000 youth ‘‘age out’’ objection, it is so ordered. Whereas all people of the United States of foster care without a legal permanent con- The resolution (S. Res. 204) was can participate in hunger relief efforts in nection to an adult or family; agreed to. their communities by—

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3463 (1) donating food and money to hunger re- Thursday, May 26, through Friday, DEPARTMENT OF THE TREASURY lief efforts; June 3, the majority leader, Senator Daniel L. Glaser, of the District of Colum- (2) volunteering for hunger relief efforts; KLOBUCHAR, and Senator WEBB be au- bia, to be Assistant Secretary for Terrorist and thorized to sign duly enrolled bills or Financing, Department of the Treasury. (3) supporting public policies aimed at re- EXPORT-IMPORT BANK OF THE UNITED STATES ducing hunger: Now, therefore, be it joint resolutions. Resolved, That the Senate— The PRESIDING OFFICER. Without Wanda Felton, of New York, to be First (1) designates June 7, 2011, as ‘‘National objection, it is so ordered. Vice President of the Export-Import Bank of Hunger Awareness Day’’; and Ms. KLOBUCHAR. Mr. President, I the United States for a term expiring Janu- (2) calls on the people of the United States note the absence of a quorum. ary 20, 2013. Sean Robert Mulvaney, of Illinois, to be a to observe National Hunger Awareness Day— The PRESIDING OFFICER. The (A) with appropriate ceremonies, volunteer Member of the Board of Directors of the Ex- clerk will call the roll. port-Import Bank of the United States for a activities, and other support for local anti- The bill clerk proceeded to call the hunger advocacy efforts and hunger relief term expiring January 20, 2015. charities, including food banks, food rescue roll. DEPARTMENT OF STATE organizations, food pantries, soup kitchens, Ms. KLOBUCHAR. Mr. President, I George Albert Krol, of New Jersey, a Ca- and emergency shelters; and ask unanimous consent that the order reer Member of the Senior Foreign Service, (B) by continuing to support programs and for the quorum call be rescinded. Class of Minister-Counselor, to be Ambas- public policies that reduce hunger and food The PRESIDING OFFICER. Without sador Extraordinary and Plenipotentiary of insecurity in the United States. objection, it is so ordered. the United States of America to the Republic of Uzbekistan. f f Daniel Benjamin Shapiro, of Illinois, to be MEASURE READ THE FIRST EXECUTIVE SESSION Ambassador Extraordinary and Pleni- TIME—S. 1125 potentiary of the United States of America Ms. KLOBUCHAR. Mr. President, I to Israel. EXECUTIVE CALENDAR Henry S. Ensher, of California, a Career understand that S. 1125, introduced Member of the Senior Foreign Service, Class earlier today by Senator LEAHY, is at Ms. KLOBUCHAR. Mr. President, I of Counselor, to be Ambassador Extraor- the desk. I ask for its first reading. ask unanimous consent that the Sen- dinary and Plenipotentiary of the United The PRESIDING OFFICER. The ate proceed to executive session to con- States of America to the People’s Demo- clerk will report. sider the following nominations: Cal- cratic Republic of Algeria. The bill clerk read as follows: endar Nos. 49, 97, 106, 107, 111, 121, 122, Stuart E. Jones, of Virginia, a Career Member of the Senior Foreign Service, Class A bill (S. 1125) to improve national secu- 123, 124, 125, 126, 127, 131, 132, 133, 134, of Minister-Counselor, to be Ambassador Ex- rity letters, the authorities under the For- 135, 136, 137, 138, 139, 140, 141, 142, 143, traordinary and Plenipotentiary of the eign Intelligence Surveillance Act of 1978, 144, 146, 147, 148, 149, 150, 151, 152, 153, United States of America to the Hashemite and for other purposes. 154, 155, 156, 157, 158, 159, 160, 161, 162, Kingdom of Jordan. Ms. KLOBUCHAR. I now ask for its 163, 164, 165, 166, 167, 168; and nomina- UNITED STATES ADVISORY COMMISSION ON second reading and object to my own tions placed on the Secretary’s desk in PUBLIC DIPLOMACY request. the Air Force, Army, Coast Guard, For- Sim Farar, of California, to be a Member of The PRESIDING OFFICER. Objec- eign Service, Marine Corps, Navy, and the United States Advisory Commission on tion is heard. The bill will be read the Public Health Service, with the excep- Public Diplomacy for a term expiring July 1, second time on the next legislative tion of: Kenia P. Altamirano, Rebecca 2012. day. M. Kibel, Timothy N. Onserio, Justin William J. Hybl, of Colorado, to be a Mem- R. Plott, Brandy Torres; that the nomi- ber of the United States Advisory Commis- f sion on Public Diplomacy for a term expiring nations be confirmed en bloc, the mo- APPOINTMENT July 1, 2012. tions to reconsider be considered made NATIONAL SCIENCE FOUNDATION The PRESIDING OFFICER. The and laid upon the table with no inter- Chair, on behalf of the Republican vening action or debate; that no fur- Cora B. Marrett, of Wisconsin, to be Dep- leader, after consultation with the uty Director of the National Science Foun- ther motions be in order to any of the dation. Chairman of the Select Committee on nominations; that any statements re- Intelligence of the Senate, and pursu- NATIONAL FOUNDATION ON THE ARTS AND THE lated to the nominations be printed in HUMANITIES ant to the provisions of Public Law the RECORD; that the President be im- 107–306, as amended by Public Law 111– Martha Wagner Weinberg, of Massachu- mediately notified of the Senate’s ac- setts, to be a Member of the National Coun- 259, announces the appointment of the tion, and the Senate resume legislative cil on the Humanities for a term expiring following individual to serve as a mem- session. January 26, 2016. ber of the National Commission for the The PRESIDING OFFICER. Without Paula Barker Duffy, of Illinois, to be a Review of the Research and Develop- objection, it is so ordered. Member of the National Council on the Hu- ment Programs of the United States The nominations were considered and manities for a term expiring January 26, Intelligence Community: John H. confirmed en bloc as follows: 2016. Young, of Virginia. Cathy N. Davidson, of North Carolina, to DEPARTMENT OF DEFENSE be a Member of the National Council on the f Jo Ann Rooney, of Massachusetts, to be Humanities for a term expiring January 26, APPOINTMENT AUTHORITY Principal Deputy Under Secretary of Defense 2016. for Personnel and Readiness. Constance M. Carroll, of California, to be a Ms. KLOBUCHAR. Mr. President, I IN THE AIR FORCE Member of the National Council on the Hu- ask unanimous consent that from Fri- The following named officer for appoint- manities for a term expiring January 26, day, May 27, through Friday, June 3, ment in the United States Air Force to the 2016. the President of the Senate, the Presi- grade indicated while assigned to a position Albert J. Beveridge III, of the District of dent pro tempore, and the majority and of importance and responsibility under title Columbia, to be a Member of the National minority leaders be authorized to make 10, U.S.C., section 601: Council on the Humanities for a term expiring January 26, 2016. appointments to commissions, commit- To be lieutenant general NATIONAL COUNCIL ON DISABILITY tees, boards, conferences, or inter- Maj. Gen. David L. Goldfein Clyde E. Terry, of New Hampshire, to be a parliamentary conferences authorized DEPARTMENT OF VETERANS AFFAIRS by law, by concurrent action of the two Member of the National Council on Dis- Allison A. Hickey, of Virginia, to be Under ability for a term expiring September 17, Houses, or by order of the Senate. Secretary for Benefits of the Department of 2013. The PRESIDING OFFICER. Without Veterans Affairs. Janice Lehrer-Stein, of California, to be a objection, it is so ordered. Steve L. Muro, of California, to be Under Member of the National Council on Dis- f Secretary of Veterans Affairs for Memorial ability for a term expiring September 17, Affairs. 2013. SIGNING AUTHORITY DEPARTMENT OF JUSTICE UNITED STATES INSTITUTE OF PEACE Ms. KLOBUCHAR. Mr. President, I Denise Ellen O’Donnell, of New York, to be Judith A. Ansley, of Massachusetts, to be a ask unanimous consent that from Director of the Bureau of Justice Assistance. Member of the Board of Directors of the

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3464 CONGRESSIONAL RECORD — SENATE May 26, 2011 United States Institute of Peace for the re- indicated while assigned to a position of im- The following named officer for appoint- mainder of the term expiring September 19, portance and responsibility under title 10, ment to the grade of lieutenant general in 2011. U.S.C., section 601: the United States Marine Corps while as- Judith A. Ansley, of Massachusetts, to be a To be vice admiral signed to a position of importance and re- Member of the Board of Directors of the sponsibility under title 10, U.S.C., section Rear Adm. David H. Buss United States Institute of Peace for a term 601: IN THE AIR FORCE of four years. (Reappointment) To be lieutenant general John A. Lancaster, of New York, to be a The following named officer for appoint- Lt. Gen. George J. Flynn Member of the Board of Directors of the ment in the United States Air Force to the United States Institute of Peace for the re- grade indicated under title 10, U.S.C., section The following named officer for appoint- mainder of the term expiring September 19, 624: ment to the grade of lieutenant general in the United States Marine Corps while as- 2011. To be brigadier general John A. Lancaster, of New York, to be a signed to a position of importance and re- Member of the Board of Directors of the Col. David J. Buck sponsibility under the title 10, U.S.C., sec- United States Institute of Peace for a term The following named officer for appoint- tion 601: of four years. ment in the United States Air Force to the To be lieutenant general grade indicated while assigned to a position NATIONAL SECURITY EDUCATION BOARD Lt. Gen. John R. Allen of importance and responsibility under title Michael E. Guest, of South Carolina, to be The following named officer for appoint- 10, U.S.C., section 601: a Member of the National Security Edu- ment as Commander, Marine Forces Re- cation Board for a term of four years. To be general serves to the grade indicated in the United Ana Margarita Guzman, of Texas, to be a Lt. Gen. Gilmary M. Hostage III States Marine Corps while assigned to a posi- Member of the National Security Education The following named officer for appoint- tion of importance and responsibility under Board for a term of four years. ment in the United States Air Force to the title 10, U.S.C., sections 601 and 5144: Christopher B. Howard, of Virginia, to be a grade indicated while assigned to a position To be lieutenant general Member of the National Security Education of importance and responsibility under title Maj. Gen. Steven A. Hummer Board for a term of four years. 10, U.S.C., section 601: IN THE NAVY IN THE AIR FORCE To be lieutenant general The following named officer for appoint- The following named officer for appoint- Maj. Gen. Mark F. Ramsay ment in the United States Air Force to the ment in the United States Navy to the grade IN THE ARMY grade indicated while assigned to a position indicated while assigned to a position of im- of importance and responsibility under title The following named officer for appoint- portance and responsibility under title 10, U.S.C., section 601: 10, U.S.C., section 601: ment in the Reserve of the Army to the To be vice admiral To be lieutenant general grade indicated under title 10, U.S.C., section 12203: Read Adm. Kendall L. Card Maj. Gen. Brooks L. Bash To be brigadier general The following named officer for appoint- The following Air National Guard of the ment in the United States Navy to the grade United States officer for appointment in the Col. Mark W. Palzer indicated while assigned to a position of im- Reserve of the Air Force to the grade indi- The following Army National Guard of the portance and responsibility under title 10, cated under title 10, U.S.C., sections 12203 United States officer for appointment in the U.S.C., section 601: and 12212: Reserve of the Army to the grade indicated To be vice admiral To be brigadier general under title 10, U.S.C., sections 12203 and 12211: Vice Adm. Robert S. Harward, Jr. Col. David E. Deputy To be major general The following named officer for appoint- The following Air National Guard of the ment in the United States Navy to the grade United States officers for appointment in the Brig. Gen. Gerald E. Lang indicated while assigned to a position of im- Reserve of the Air Force to the grade indi- The following named officer for appoint- portance and responsibility under title 10, cated under title 10, U.S.C., sections 12203 ment in the United States Army to the grade U.S.C., section 601: and 12212: indicated under title 10, U.S.C., sections 624 To be vice admiral To be major general and 3064: To be brigadier general Vice Adm. Mark D. Harnitchek Brig. Gen. James D. Demeritt Brig. Gen. Joseph K. Martin, Jr. Col. Charles R. Bailey NOMINATIONS PLACED ON THE SECRETARY’S DESK The following named officers for appoint- The following Army National Guard of the ment in the United States Air Force to the United States officers for appointment in the IN THE AIR FORCE grade indicated under title 10, U.S.C., section Reserve of the Army to the grades indicated PN222 AIR FORCE nominations (12) begin- 624: under title 10, U.S.C., sections 12203 and ning MICHAEL D. DIETZ, and ending DO- To be major general 12211: REEN F. WILDER, which nominations were To be major general received by the Senate and appeared in the Brigadier General Mark A. Atkinson Congressional Record of February 3, 2011. Brigadier General William J. Bender Brig. Gen. Omer C. Tooley, Jr. PN367 AIR FORCE nominations (516) begin- Brigadier General Brian T. Bishop To be brigadier general ning JAY O. AANRUD, and ending SCOTT C. Brigadier General Christopher C. Bogdan Col. Brian R. Carpenter ZIPPWALD, which nominations were re- Brigadier General Michael J. Carey IN THE MARINE CORPS ceived by the Senate and appeared in the Brigadier General John B. Cooper The following named officers for appoint- Congressional Record of March 30, 2011. Brigadier General Samuel D. Cox PN436 AIR FORCE nominations (3) begin- ment in the United States Marine Corps to Brigadier General Barbara J. Faulkenberry ning MATTHEW J. BRONK, and ending JOY the grade indicated under title 10, U.S.C., Brigadier General Russell J. Handy C. TABER, which nominations were received section 624: Brigadier General Michael A. Keltz by the Senate and appeared in the Congres- Brigadier General Steven L. Kwast To be brigadier general sional Record of May 2, 2011. Brigadier General Frederick H. Martin Colonel Charles G. Chiarotti PN437 AIR FORCE nomination of Paul L. Brigadier General Thomas J. Masiello Colonel David W. Coffman Dandrea, which was received by the Senate Brigadier General Earl D. Matthews Colonel Thomas A. Gorry and appeared in the Congressional Record of Brigadier General Robert P. Otto Colonel Paul J. Kennedy May 2, 2011. Brigadier General John W. Raymond Colonel Joaquin F. Malavet PN493 AIR FORCE nomination of Jeffrey Brigadier General Darryl L. Roberson Colonel Niel E. Nelson A. Bailey, which was received by the Senate Brigadier General Anthony J. Rock Colonel Loretta E. Reynolds and appeared in the Congressional Record of Brigadier General Jay G. Santee Colonel Russell A. Sanborn May 4, 2011. Brigadier General Rowayne A. Schatz, Jr. Colonel George W. Smith, Jr. PN494 AIR FORCE nomination of James A. Brigadier General John F. Thompson Colonel Craig Q. Timberlake Mace, which was received by the Senate and Brigadier General Thomas J. Trask Colonel Mark R. Wise appeared in the Congressional Record of May Brigadier General Joseph S. Ward, Jr. Colonel Daniel D. Yoo 4, 2011. PN495 AIR FORCE nominations (24) begin- Brigadier General Jack Weinstein The following named officer for appoint- ning BERNADETTE A. ANDERSON, and Brigadier General Robert E. Wheeler ment to the grade of lieutenant general in ending DWAYNE B. WILHITE, which nomi- Brigadier General Martin Whelan the United States Marine Corps while as- nations were received by the Senate and ap- Brigadier General Stephen W. Wilson signed to a position of importance and responsibility under title 10, U.S.C., section peared in the Congressional Record of May 4, Brigadier General Tod D. Wolters 2011. 601: IN THE NAVY PN496–1 AIR FORCE nominations (85) be- The following named officer for appoint- To be lieutenant general ginning JEFFERY D. AEBISCHER, and end- ment in the United States Navy to the grade Maj. Gen. Richard P. Mills ing KURT V. WOYAK, which nominations

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3465 were received by the Senate and appeared in PN200 NAVY nomination of Fernando Har- PN561 NAVY nomination of Kirk R. Pars- the Congressional Record of May 4, 2011. ris, which was received by the Senate and ap- ley, which was received by the Senate and PN498 AIR FORCE nominations (112) begin- peared in the Congressional Record of Feb- appeared in the Congressional Record of May ning LA RITA S. ABEL, and ending MI- ruary 2, 2011. 18, 2011. CHAEL J. ZENK, which nominations were PN205 NAVY nomination of Stephen K. PN562 NAVY nomination of Christian F. received by the Senate and appeared in the Revelas, which was received by the Senate Jensen, which was received by the Senate Congressional Record of May 4, 2011 and appeared in the Congressional Record of and appeared in the Congressional Record of PN519 AIR FORCE nomination of Peter J. February 2, 2011. May 18, 2011. Avalos, which was received by the Senate PN240 NAVY nomination of Bradley S. PN563 NAVY nomination of Joseph M. and appeared in the Congressional Record of Hawksworth, which was received by the Sen- Holt, which was received by the Senate and May 9, 2011. ate and appeared in the Congressional appeared in the Congressional Record of May IN THE ARMY Record of February 3, 2011. 18, 2011. PN288 NAVY nomination of Douglas L. PN438 ARMY nominations (14) beginning PUBLIC HEALTH SERVICE WITH EXCEPTIONS Edson, which was received by the Senate and KEITH W. ALFEIRI, and ending DIANA appeared in the Congressional Record of Feb- PN527 PUBLIC HEALTH SERVICE nomi- TORRES, which nominations were received ruary 28, 2011. nations (68) beginning Manisha Patel, and by the Senate and appeared in the Congres- PN329 NAVY nomination of Stephen J. ending Christopher M. Sheehan, which nomi- sional Record of May 2, 2011. Parks, which was received by the Senate and nations were received by the Senate and ap- PN460 ARMY nominations (6) beginning appeared in the Congressional Record of peared in the Congressional Record of May MARK J. BERGLUND, and ending MICHAEL March 9, 2011. 11, 2011. S. SARVER, which nominations were re- PN330 NAVY nomination of Hung Cao, PN528 PUBLIC HEALTH SERVICE nomi- ceived by the Senate and appeared in the which was received by the Senate and ap- nations (258) beginning Alice Y. Guh, and Congressional Record of May 2, 2011. peared in the Congressional Record of March ending Ukegbu J. Ugochi, which nominations PN499 ARMY nomination of Michael P. 9, 2011. were received by the Senate and appeared in Harry, which was received by the Senate and PN425 NAVY nomination of Tracy T. the Congressional Record of May 11, 2011. appeared in the Congressional Record of May Skipton, which was received by the Senate 4, 2011. and appeared in the Congressional Record of f PN500 ARMY nominations (989) beginning April 8, 2011. JOSEPH L. AARON, JR., and ending JO- PN439 NAVY nomination of David T. Car- LEGISLATIVE SESSION SEPH V. ZULKEY, which nominations were penter, which was received by the Senate received by the Senate and appeared in the and appeared in the Congressional Record of The PRESIDING OFFICER. The Sen- Congressional Record of May 4, 2011. May 2, 2011. ate will now return to legislative ses- PN521 ARMY nominations (679) beginning PN440 NAVY nomination of Brent J. Kyler, sion. CHARLES M. ABEYAWARDENA, and ending which was received by the Senate and ap- G001231, which nominations were received by peared in the Congressional Record of May 2, f the Senate and appeared in the Congres- 2011. sional Record of May 9, 2011. PN441 NAVY nomination of Peter W. Ward, ORDERS FOR FRIDAY, MAY 27; PN522 ARMY nominations (565) beginning which was received by the Senate and ap- LISA M. ABEL, and ending CODY L. ZACH, peared in the Congressional Record of May 2, TUESDAY, MAY 31; FRIDAY, JUNE which nominations were received by the Sen- 2011. 3; AND MONDAY, JUNE 6, 2011 ate and appeared in the Congressional PN442 NAVY nomination of Pablito V. Ms. KLOBUCHAR. Mr. President, I Record of May 9, 2011. Quiatchon, which was received by the Senate ask unanimous consent that when the IN THE COAST GUARD and appeared in the Congressional Record of Senate completes its business today, it PN419 COAST GUARD nomination of Wil- May 2, 2011. PN443 NAVY nomination of Robert H. adjourn until 9:30 a.m. on Friday, May liam C. Dwyer, which was received by the 27, for a pro forma session only, with Senate and appeared in the Congressional Buckingham, which was received by the Sen- Record of April 8, 2011. ate and appeared in the Congressional no business conducted; that when the PN420 COAST GUARD nominations (5) be- Record of May 2, 2011. Senate adjourns on Friday, May 27, it ginning Jessica L. Bohn, and ending Jeremy PN445 NAVY nomination of Bryan F. But- stand adjourned until 10 a.m. on Tues- A. Weiss, which nominations were received ler, which was received by the Senate and day, May 31, for a pro forma session by the Senate and appeared in the Congres- appeared in the Congressional Record of May only, with no business conducted; that sional Record of April 8, 2011. 2, 2011. PN459 NAVY nominations (31) beginning when the Senate adjourns on Tuesday, IN THE FOREIGN SERVICE WILLIAM H. ALBERT, and ending MI- May 31, it stand adjourned until 10:30 PN308 FOREIGN SERVICE nominations (9) CHAEL WITHERILL, which nominations a.m. on Friday, June 3, for a pro forma beginning Carmine G. D’Aloisio, and ending were received by the Senate and appeared in session only, with no business con- James F. Sullivan, which nominations were the Congressional Record of May 2, 2011. ducted; and that when the Senate ad- received by the Senate and appeared in the PN501 NAVY nomination of Valerie R. journs on Friday, June 3, it stand ad- Congressional Record of March 4, 2011. Overstreet, which was received by the Senate journed until 2 p.m. on Monday, June 6; PN405 FOREIGN SERVICE nominations and appeared in the Congressional Record of that following the prayer and pledge, (99) beginning Patricia M. Aguilo, and ending May 4, 2011. Michelle Zjhra, which nominations were re- PN502 NAVY nominations (4) beginning the Journal of proceedings be approved ceived by the Senate and appeared in the NADESIA V. HENRY, and ending JOHN A. to date, the morning hour be deemed Congressional Record of April 6, 2011. SALVATO, which nominations were received expired, the time for the two leaders be IN THE MARINE CORPS by the Senate and appeared in the Congres- reserved for their use later in the day; PN179 MARINE CORPS nomination of sional Record of May 4, 2011. that following any leader remarks, the Angella M. Lawrence, which was received by PN536 NAVY nomination of Thomas P. Senate be in a period of morning busi- the Senate and appeared in the Congres- Fantes, which was received by the Senate ness until 4:30 p.m., with Senators per- and appeared in the Congressional Record of sional Record of February 2, 2011. mitted to speak for up to 10 minutes PN192 MARINE CORPS nomination of Mi- May 11, 2011. PN537 NAVY nomination of Cynthia E. each; finally, that at 4:30 p.m., the Sen- chael R. Cirillo, which was received by the ate proceed to executive session under Senate and appeared in the Congressional Wilkerson, which was received by the Senate Record of February 2, 2011. and appeared in the Congressional Record of the previous order. PN236 MARINE CORPS nominations (328) May 11, 2011. The PRESIDING OFFICER. Without beginning CARLTON W. ADAMS, and ending PN538 NAVY nominations (2) beginning objection, it is so ordered. WAYNE R. ZUBER, which noininations were DAVID T. CARPENTER, and ending TIM- received by the Senate and appea red in the OTHY M. CHEN, which nominations were re- f Congressional Record of February 3, 2011. ceived by the Senate and appeared in the Congressional Record of May 11, 2011. IN THE NAVY PN539 NAVY nominations (3) beginning PROGRAM PN152 NAVY nomination of James P. ROBERT D. PAVEL, and ending SHAUN C. Ms. KLOBUCHAR. Mr. President, the McGrath, III, which was received by the Sen- SHILLADY, which nominations were re- first rollcall vote when we return will ate and appeared in the Congressional ceived by the Senate and appeared in the be at 5:30 p.m. on Monday, June 6. That Record of January 26, 2011. Congressional Record of May 11, 2011. PN199 NAVY nomination of Steven M. PN560 NAVY nomination of Kendall C. vote will be on the motion to invoke Wechsler, which was received by the Senate Jones, Jr., which was received by the Senate cloture on the nomination of Donald and appeared in the Congressional Record of and appeared in the Congressional Record of Verrilli to be Solicitor General of the February 2, 2011. May 18, 2011. United States.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3466 CONGRESSIONAL RECORD — SENATE May 26, 2011 ADJOURNMENT UNTIL 9:30 A.M. HEIDI K. BERG KYLE G. KARSTENS MICHAEL A. CONNER JASON K. LOPEZ TOMORROW WILLIAM J. DIEHL ANGELO R. L. SMITHA JEFFREY S. SCHEIDT CHARLES M. STUART Ms. KLOBUCHAR. Mr. President, if ANDREW D. STEWART NORMAN M. TOBLER II there is no further business to come be- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY fore the Senate, I ask unanimous con- UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 624: sent that it adjourn under the previous To be captain To be captain order. STEVEN J. AVERETT SYED N. AHMAD There being no objection, the Senate, JAMES H. DARENKAMP GREGORY R. BART at 8:30 p.m., adjourned until Friday, JAMES A. IMANIAN WILLIAM M. BOLAND THOMAS W. LECHLEITNER, JR. JEFFREY C. CASLER May 27, 2011, at 9:30 a.m. WILLIAM G. RHEA ROBERT J. CROW f JOHN A. WATKINS KRISTA J. DELLAPINA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DANIEL E. ELDREDGE NOMINATIONS TO THE GRADE INDICATED IN THE UNITED STATES NAVY CAREN L. MCCURDY UNDER TITLE 10, U.S.C., SECTION 624: ANN K. MINAMI Executive nominations received by JILLIAN L. MORRISON To be captain GREGORY J. SMITH the Senate: LISA B. SULLIVAN LOUIS W. ARNY IV SCOTT F. THOMPSON DEPARTMENT OF DEFENSE REGINALD BAKER CARLOS S. GUZMAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LEON E. PANETTA, OF CALIFORNIA, TO BE SECRETARY TO THE GRADE INDICATED IN THE UNITED STATES NAVY OF DEFENSE, VICE ROBERT M. GATES. JAMES L. MCREYNOLDS WILLIAM G. MILLER UNDER TITLE 10, U.S.C., SECTION 624: UNITED STATES TAX COURT GREGORY H. MOLINARI To be captain BRIAN A. TREAT KATHLEEN KERRIGAN, OF MASSACHUSETTS, TO BE A THOMAS J. ANDERSON JUDGE OF THE UNITED STATES TAX COURT FOR THE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL J. BARETELA TERM OF FIFTEEN YEARS, VICE HARRY A. HAINES, TERM TO THE GRADE INDICATED IN THE UNITED STATES NAVY SCOTT M. BROWN EXPIRED. UNDER TITLE 10, U.S.C., SECTION 624: JOHN A. CHRISTENSEN ALBERT F. LAUBER, OF THE DISTRICT OF COLUMBIA, SCOTT A. DAVIS TO BE A JUDGE OF THE UNITED STATES TAX COURT FOR To be captain GARRETT J. FARMAN THE TERM OF FIFTEEN YEARS, VICE STEPHEN J. SWIFT, CHRISTOPHER D. BOWNDS JAMES K. KALOWSKY RESIGNED. CHRISTOPHER A. HARRIS KEITH W. LEHNHARDT NATIONAL SCIENCE FOUNDATION JANET E. LOMAX JOHN J. LUND CATHERINE M. MASAR WILLIAM B. MCNEAL ARNOLD F. STANCELL, OF CONNECTICUT, TO BE A MEM- ROMUEL B. NAFARRETE CASEY J. MOTON BER OF THE NATIONAL SCIENCE BOARD, NATIONAL JULIE J. ONEAL MARK H. OESTERREICH SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, STUART C. SATTERWHITE DOUGLAS B. OGLESBY 2014, VICE BARRY C. BARISH, TERM EXPIRED. KARIN A. VERNAZZA ROBERT D. PHILLIPS FEDERAL RETIREMENT THRIFT INVESTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DARREN R. PLATH TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN J. SZATKOWSKI BOARD UNDER TITLE 10, U.S.C., SECTION 624: ALLAN R. WALTERS RONALD DAVID MCCRAY, OF TEXAS, TO BE A MEMBER To be captain THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT OF THE FEDERAL RETIREMENT THRIFT INVESTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY BOARD FOR A TERM EXPIRING SEPTEMBER 25, 2012, VICE JAMES T. DENLEY UNDER TITLE 10, U.S.C., SECTION 624: ANDREW SAUL, RESIGNED. JOHN D. DENTON RONALD DAVID MCCRAY, OF TEXAS, TO BE A MEMBER FRANCIS P. FOLEY To be captain OF THE FEDERAL RETIREMENT THRIFT INVESTMENT TERRY C. GORDON KYLE B. BECKMAN BOARD FOR A TERM EXPIRING SEPTEMBER 25, 2016. (RE- JEROME A. HINSON CHRISTOPHER C. BONE APPOINTMENT) FREDERICK A. MCGUFFIN STEVEN V. BROCK CENTRAL INTELLIGENCE AGENCY PATRICK J. MCLAUGHLIN GARY M. BRUCE JOHN M. SHIMOTSU ROBIN A. Y. DAHLIN DAVID H. PETRAEUS, OF NEW HAMPSHIRE, TO BE DI- THOMAS B. WEBBER ROBERT J. ENGELHARDT RECTOR OF THE CENTRAL INTELLIGENCE AGENCY, VICE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM P. GARRITY, JR. LEON E. PANETTA. TO THE GRADE INDICATED IN THE UNITED STATES NAVY STEVEN L. HORRELL IN THE AIR FORCE UNDER TITLE 10, U.S.C., SECTION 624: DAVID M. HOUFF GREGORY A. HUSMANN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be captain DARRYL F. JACKSON IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- ELIZABETH J. FRENCH JAMES H. LEWIS III CATED UNDER TITLE 10, U.S.C., SECTION 12203: ROSANNE I. HARTLEY SHERYL S. RICHARDSON To be brigadier general GLORIA S. KASCAK KELLY A. ROBINSON CATHY M. MCCRARY STEVEN B. SHEPARD COL. MERLE D. HART FRITZI J. MCDONALD MICHAEL J. VERNAZZA TRACY A. VINCENT IN THE NAVY MICHELLE L. MCKENZIE JULIE C. MCNALLY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOY L. MURRAY TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY YVONNE TAPIA UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be captain To be captain TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: TIMOTHY A. ACKERMAN JEFFREY R. MACRIS To be captain MARC E. A. ARENA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WILLIAM C. BEUTEL TO THE GRADE INDICATED IN THE UNITED STATES NAVY THOMAS W. ARMSTRONG FRANK A. BIVINS UNDER TITLE 10, U.S.C., SECTION 624: GUNTER I. BRAUN PETER C. COLELLA KARINE M. CURETON To be captain BRUCE L. DESHOTEL HORACIO FERNANDEZ NADJMEH M. HARIRI DONALD A. LONERGAN TOBY C. SWAIN PIERRE A. FULLER RAYMOND D. GOYET, JR. DAVID A. LOWREY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PAUL HARVEY KAREN M. LYNCH TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN P. NEWCOMER BRETT T. METCALF UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL J. SINGLETON JOSEPH B. MICHAEL To be captain JAMES S. TALBERT JOSEPH D. MOLINARO CHARLES W. I. PADDOCK DANIEL J. HERNANDEZ THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVIN T. PRINCE TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRIAN K. RITTER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY IVAN ROMAN UNDER TITLE 10, U.S.C., SECTION 624: To be captain WILLIAM G. SHOEMAKER JONATHAN M. STAHL To be captain JOHN W. CARSON III JERRY TORRES MARC R. DELAO RANDALL J. WALKER RAYMOND R. DELGADO III STEPHEN J. DONLEY HENRY A. MILLER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK T. GERONIME JOHN A. OKON TO THE GRADE INDICATED IN THE UNITED STATES NAVY GLENN W. HUBBARD STEVEN P. SOPKO UNDER TITLE 10, U.S.C., SECTION 624: NICHOLAS L. MERRY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ALEX D. STITES To be captain TO THE GRADE INDICATED IN THE UNITED STATES NAVY DEAN A. VANDERLEY UNDER TITLE 10, U.S.C., SECTION 624: STANLEY W. WILES ANTHONY A. ARITA CHARLES S. WILLMORE REBECCA L. BATES To be captain DAVID N. BREIER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARQUEZ F. CAMPBELL JOHN S. CRAWMER TO THE GRADE INDICATED IN THE UNITED STATES NAVY DAVID C. COLLINS BRIAN K. JACOBS UNDER TITLE 10, U.S.C., SECTION 624: CATHLEEN M. DONOHUE JAMES M. PARISH KIMBERLY A. FERLAND TIMOTHY H. PFANNENSTEIN To be captain TONYA A. HALL JOSEPH A. RODRIGUEZ KARL A. ANDINA GARY B. HOYT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRADY J. BARTOSH CHRISTOPHER J. IRWIN TO THE GRADE INDICATED IN THE UNITED STATES NAVY RONALD M. BISHOP, JR. CHRISTINE W. MANKOWSKI UNDER TITLE 10, U.S.C., SECTION 624: MARK C. BRUINGTON SCOTT A. MCCLELLAN To be captain STEPHEN J. COMSTOCK BRUCE M. MILLER ANDREW C. EST JULIE K. MILLER CLIFFORD W. BEAN III JOHN B. GAILEY ALAN F. NORDHOLM

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PATRICK W. PAUL ERIK J. SCHWEITZER TRENTON S. LENNARD LYNDA M. RACE GEORGE J. SEMPLE KEVIN P. LENOX STEVEN E. RANKIN ERIC M. SERGIENKO GLEN S. LEVERETTE PHILLIP M. SANCHEZ ERIC S. SHERCK ROBERT W. LYONNAIS TODD C. SANDER WILLIAM T. SHIMEALL SHAWN P. MALONE MARY S. SEYMOUR ALFRED F. SHWAYHAT PETER M. MANTZ RITA G. SIMMONS CLIFFORD L. SMITH WESLEY R. MCCALL PAULINE M. TAYLOR BRETT V. SORTOR JEFFREY W. MCCAULEY RUBY M. TENNYSON FREDERIC R. SYLVIA MICHAEL J. MCCLINTOCK PETER P. TOLAND, JR. DAVID A. TARANTINO, JR. RICHARD C. MCCORMACK JONATHAN P. WILCOX JAMES E. TOLEDANO RUSSELL S. MCCORMACK THERON C. TOOLE DOUGLAS A. MCGOFF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JACK W. L. TSAO KEVIN MCGOWAN TO THE GRADE INDICATED IN THE UNITED STATES NAVY ANDREW F. VAUGHN JOHN P. MCGRATH UNDER TITLE 10, U.S.C., SECTION 624: TODD L. WAGNER WILLIAM C. MCKINNEY To be captain GRANT C. WALLACE BRENDAN R. MCLANE ROLAND O. WILLOCK MICHAEL M. MCMILLAN, JR. RAYMOND W. BICHARD JEFFREY WINEBRENNER JOHN V. MENONI PAUL J. BOURGEOIS KIMBERLY S. WYATT DAVID J. MERON ROBERT A. BROOKS, JR. JAMES C. YOUNG JAMES R. MIDKIFF JOHN D. CASSANI CRAIG M. ZELIG GERALD N. MIRANDA, JR. KURT M. CHIVERS TARA J. ZIEBER TROY E. MONG WILBURN A. CLARKE KEITH G. MOORE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RACHEL M. FANT MICHAEL R. MOORE TO THE GRADE INDICATED IN THE UNITED STATES NAVY MARK R. GOODRICH BRIAN C. MOUM UNDER TITLE 10, U.S.C., SECTION 624: JAMES C. GOUDREAU SCOTT W. MURDOCK PHILIPPE J. GRANDJEAN To be captain GERALD D. MURPHY ARISTIDES ILIAKIS FRANK W. NAYLOR III KEVIN M. JONES LYNN ACHESON KENNETH A. NIEDERBERGER BERNARD D. KNOX EDWARD L. ANDERSON DONALD A. NISBETT, JR. JAMES A. LAPOINTE ERIC J. ANDERSON NORBERTO M. D. NOBREGA KYLE P. LUKSOVSKY WILLIAM S. ANDERSON RICHARD F. OCONNELL PATRICK J. MCCLANAHAN MONTY G. ASHLIMAN, JR. ROBERT R. OSTERHOUDT THOMAS J. MOREAU SEAN R. BAILEY MATTHEW D. OVIOS DANIEL J. NOLL CARROLL W. BANNISTER DAVID M. PADULA PATRICK J. OCONNOR MICHAEL W. BAZE ENRIQUE N. PANLILIO GARY J. POWE ROBERT E. BEAUCHAMP ROBERT E. PAULEY MICHAEL L. RENEGAR PAUL A. BECKLEY STEVEN PETROFF JEFFREY A. SCHMIDT MARK D. BEHNING JESSICA PFEFFERKORN JOHN D. SORACCO ROBERT W. BODVAKE CHRISTOPHER T. PHILLIPS KURT J. WENDELKEN BRENT M. BREINING CURTIS K. M. PHILLIPS MARK S. WHEELER JODY G. BRIDGES JOSEPH N. POLANIN EDWARD L. ZAWISLAK PUTNAM H. BROWNE MATTHEW S. PREGMON DANIEL J. BRUNK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK A. PROKOPIUS DANIEL W. BRYAN II FRED I. PYLE TO THE GRADE INDICATED IN THE UNITED STATES NAVY WILLIAM A. BULIS UNDER TITLE 10, U.S.C., SECTION 624: CARL S. REED WARREN R. BULLER II LEONARD E. REED To be captain KENNETH B. CANETE FERDINAND A. REID HERBERT E. CARMEN BARON V. REINHOLD KARLYNA L. D. ANDERSEN FRANCIS X. I. CASTELLANO CURT A. RENSHAW ADAM W. ARMSTRONG WYATT N. CHIDESTER TIMOTHY A. REXRODE ANTHONY G. BATTAGLIA HEEDONG CHOI GARY J. RICHARD CHARLES R. BENSON JAMES L. CHRISTIE MICHAEL B. RILEY DAVID T. BEVERLY IV ROBERT J. CLARK KEVIN M. ROBINSON MICHAEL A. BIDUS VINCENT T. CLARK JON P. RODGERS STEVEN J. BLIVIN KENNETH M. COLEMAN MALACHY D. SANDIE DAVID C. BLOOM CHRISTOPHER M. CORGNATI GREGORY M. SANDWAY KEVIN D. BUCKLEY MICHAEL R. COUGHLIN CARLOS A. SARDIELLO RONALD B. BURBANK MARK A. CREASEY LOUIS J. SCHAGER, JR. LLOYD G. BURGESS DENNIS R. CREWS THEODORE H. SCHROEDER TIMOTHY H. BURGESS JEFFREY R. CRONIN TRAVIS C. SCHWEIZER EDWARD G. BUTLER II JAMES E. CROSLEY VINCENT W. SEGARS DONALD R. CARR GORDON A. CROSS GREGORY M. SHEAHAN WILLIAM R. CARTER ROGER L. CURRY, JR. TODD M. SIDDALL TIMOTHY L. CLENNEY JEFFREY J. CZEREWKO ANTHONY L. SIMMONS PATRICK W. CLYDE RICHARD J. DAVIS COURTNEY B. SMITH EUGENIO G. CONCEPCION II RICHARD W. DAVIS JOHN J. SNIEGOWSKI SCOTT A. COTA EDWARD W. DEVINNEY II PAUL C. SPEDERO, JR. JOHN G. CRABILL NICHOLAS J. DIENNA TIMOTHY S. STEADMAN NANCY R. DELANEY THOMAS C. DISY LEIF E. STEINBAUGH PAUL J. DEMIERI THAD J. DOBBERT MICHAEL J. STEVENS DARIN L. DINELLI CRAIG M. DORRANS JAMES G. STONEMAN RICHARD R. DOBHAN ALAN D. DORRBECKER STEPHEN R. TEDFORD BARBARA J. DROBINA RICHARD J. DROMERHAUSER THOMAS R. TENNANT THEODORE D. EDSON MARK A. EDWARDS JACK S. THOMAS KURT R. EICHENMULLER CHRISTOPHER M. ENGDAHL MARVIN E. THOMPSON KATHRYN ELLIOTT ERIK O. ETZ MONTE L. ULMER ERIC A. ELSTER MATTHEW G. FLEMING MATTHEW R. VANDERSLUIS BRIAN T. FITZGERALD PETER G. GALLUCH MICHAEL S. VARNEY KIM M. FORMAN EDWARD M. GALVIN PETER G. VASELY KIRK P. GASPER JAMES R. GARNER DARRYL L. WALKER ERIC M. GESSLER BRIAN M. GARRISON DOUGLAS H. WALKER MARK M. GOTO DAVID T. GLENISTER HOWARD WANAMAKER JONATHAN C. GROH STEVEN A. GLOVER CARDEN F. WARNER TIMOTHY W. HALENKAMP GREGORY W. GOMBERT MARK W. WEISGERBER JOHN V. HARDAWAY BRIAN J. GOSZKOWICZ ANDREW N. WESTERKOM JAMES F. HARRIS DALE F. GREEN CRAIG M. WEVLEY STELLA M. HAYES JEFFREY M. GRIMES ERIC S. WIESE RUSSELL B. HAYS, JR. WILLIAM R. GROTEWOLD GEORGE M. WIKOFF ROBERT D. JACKSON WILLIAM J. GUARINI, JR. RICHARD A. WILEY CHRISTINE L. JOHNSON MARK D. HAMILTON CHRISTOPHER T. J. WILSON LORI M. KREVETSKI SAM R. HANCOCK, JR. HAROLD T. WORKMAN THOMAS R. LATENDRESSE MARTIN H. HARDY GREGORY J. ZACHARSKI CHRISTOPHER T. LEWIS STEVEN M. HARRISON JOHN M. ZUZICH MATTHEW L. LIM CHRISTOPHER H. HEANEY ROBERT J. LIPSITZ RICHARD B. HENCKE f JOHN W. LOVE RAYMOND J. HESSER SCOTT A. LUZI KYLE P. HIGGINS CONFIRMATIONS LISA M. MCGOWAN LYLE E. HOAG JEFFREY D. MCGUIRE TERENCE A. HOEFT Executive nominations confirmed by DAVID B. MCLEAN BRIAN A. HOYT the Senate, May 26, 2011: JOANNE F. MCMANAMAN MICHAEL P. HUCK DEANA J. MILLER JEFFREY D. HUTCHINSON DEPARTMENT OF DEFENSE DIPAK D. NADKARNI BURCHARD C. JACKSON LORRAINE S. NADKARNI TROY S. JACKSON JO ANN ROONEY, OF MASSACHUSETTS, TO BE PRIN- JOHN W. NELSON KRISTIN E. JACOBSEN CIPAL DEPUTY UNDER SECRETARY OF DEFENSE FOR THOMAS J. NELSON GLENN R. JAMISON PERSONNEL AND READINESS. WILLIAM S. PADGETT CHARLES A. JOHNSON IN THE AIR FORCE SHELLEY K. PERKINS STANLEY C. JONES KYLE PETERSEN FREDERICK W. KACHER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHRISTOPHER H. REED MICHAEL I. KATAHARA IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- EDWARD A. REEDY DAVID D. KINDLEY CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE ROBERT D. REUER JAMES A. KIRK AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ALLISON J. ROBINSON SCOTT L. KNAPP 601: THOMAS D. ROBINSON KEITH A. KNUTSEN To be lieutenant general ANDREW A. RUSNAK TIMOTHY J. KOTT MCHUGH L. A. SAVOIA JEFFREY R. KRUSLING MAJ. GEN. DAVID L. GOLDFEIN

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DEPARTMENT OF VETERANS AFFAIRS IN THE AIR FORCE To be brigadier general ALLISON A. HICKEY, OF VIRGINIA, TO BE UNDER SEC- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. CHARLES R. BAILEY RETARY FOR BENEFITS OF THE DEPARTMENT OF VET- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING ARMY NATIONAL GUARD OF THE ERANS AFFAIRS. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE UNITED STATES OFFICERS FOR APPOINTMENT IN THE STEVE L. MURO, OF CALIFORNIA, TO BE UNDER SEC- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION RESERVE OF THE ARMY TO THE GRADES INDICATED RETARY OF VETERANS AFFAIRS FOR MEMORIAL AF- 601: UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: FAIRS. To be lieutenant general DEPARTMENT OF JUSTICE To be major general MAJ. GEN. BROOKS L. BASH BRIG. GEN. OMER C. TOOLEY, JR. DENISE ELLEN O’DONNELL, OF NEW YORK, TO BE DI- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED RECTOR OF THE BUREAU OF JUSTICE ASSISTANCE. STATES OFFICER FOR APPOINTMENT IN THE RESERVE To be brigadier general DEPARTMENT OF THE TREASURY OF THE AIR FORCE TO THE GRADE INDICATED UNDER COL. BRIAN R. CARPENTER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: DANIEL L. GLASER, OF THE DISTRICT OF COLUMBIA, TO IN THE MARINE CORPS BE ASSISTANT SECRETARY FOR TERRORIST FINANCING, To be brigadier general DEPARTMENT OF THE TREASURY. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COL. DAVID E. DEPUTY EXPORT-IMPORT BANK OF THE UNITED STATES IN THE UNITED STATES MARINE CORPS TO THE GRADE THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED INDICATED UNDER TITLE 10, U.S.C., SECTION 624: WANDA FELTON, OF NEW YORK, TO BE FIRST VICE STATES OFFICERS FOR APPOINTMENT IN THE RESERVE To be brigadier general PRESIDENT OF THE EXPORT-IMPORT BANK OF THE OF THE AIR FORCE TO THE GRADE INDICATED UNDER UNITED STATES FOR A TERM EXPIRING JANUARY 20, 2013. TITLE 10, U.S.C., SECTIONS 12203 AND 12212: COLONEL CHARLES G. CHIAROTTI SEAN ROBERT MULVANEY, OF ILLINOIS, TO BE A MEM- To be major general COLONEL DAVID W. COFFMAN BER OF THE BOARD OF DIRECTORS OF THE EXPORT-IM- COLONEL THOMAS A. GORRY PORT BANK OF THE UNITED STATES FOR A TERM EXPIR- BRIG. GEN. JAMES D. DEMERITT COLONEL PAUL J. KENNEDY ING JANUARY 20, 2015. BRIG. GEN. JOSEPH K. MARTIN, JR. COLONEL JOAQUIN F. MALAVET DEPARTMENT OF STATE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL NIEL E. NELSON IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL LORETTA E. REYNOLDS GEORGE ALBERT KROL, OF NEW JERSEY, A CAREER CATED UNDER TITLE 10, U.S.C., SECTION 624: COLONEL RUSSELL A. SANBORN MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF COLONEL GEORGE W. SMITH, JR. MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- To be major general COLONEL CRAIG Q. TIMBERLAKE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES COLONEL MARK R. WISE OF AMERICA TO THE REPUBLIC OF UZBEKISTAN. BRIGADIER GENERAL MARK A. ATKINSON COLONEL DANIEL D. YOO BRIGADIER GENERAL WILLIAM J. BENDER DANIEL BENJAMIN SHAPIRO, OF ILLINOIS, TO BE AM- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF BRIGADIER GENERAL BRIAN T. BISHOP BRIGADIER GENERAL CHRISTOPHER C. BOGDAN TO THE GRADE OF LIEUTENANT GENERAL IN THE THE UNITED STATES OF AMERICA TO ISRAEL. UNITED STATES MARINE CORPS WHILE ASSIGNED TO A HENRY S. ENSHER, OF CALIFORNIA, A CAREER MEMBER BRIGADIER GENERAL MICHAEL J. CAREY BRIGADIER GENERAL JOHN B. COOPER POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- TITLE 10, U.S.C., SECTION 601: SELOR, TO BE AMBASSADOR EXTRAORDINARY AND BRIGADIER GENERAL SAMUEL D. COX PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA BRIGADIER GENERAL BARBARA J. FAULKENBERRY To be lieutenant general TO THE PEOPLE’S DEMOCRATIC REPUBLIC OF ALGERIA. BRIGADIER GENERAL RUSSELL J. HANDY STUART E. JONES, OF VIRGINIA, A CAREER MEMBER OF BRIGADIER GENERAL MICHAEL A. KELTZ MAJ. GEN. RICHARD P. MILLS THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- BRIGADIER GENERAL STEVEN L. KWAST THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND BRIGADIER GENERAL FREDERICK H. MARTIN TO THE GRADE OF LIEUTENANT GENERAL IN THE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA BRIGADIER GENERAL THOMAS J. MASIELLO UNITED STATES MARINE CORPS WHILE ASSIGNED TO A TO THE HASHEMITE KINGDOM OF JORDAN. BRIGADIER GENERAL EARL D. MATTHEWS POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER BRIGADIER GENERAL ROBERT P. OTTO TITLE 10, U.S.C., SECTION 601: UNITED STATES ADVISORY COMMISSION ON BRIGADIER GENERAL JOHN W. RAYMOND PUBLIC DIPLOMACY BRIGADIER GENERAL DARRYL L. ROBERSON To be lieutenant general BRIGADIER GENERAL ANTHONY J. ROCK SIM FARAR, OF CALIFORNIA, TO BE A MEMBER OF THE BRIGADIER GENERAL JAY G. SANTEE LT. GEN. GEORGE J. FLYNN UNITED STATES ADVISORY COMMISSION ON PUBLIC DI- BRIGADIER GENERAL ROWAYNE A. SCHATZ, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PLOMACY FOR A TERM EXPIRING JULY 1, 2012. BRIGADIER GENERAL JOHN F. THOMPSON TO THE GRADE OF LIEUTENANT GENERAL IN THE WILLIAM J. HYBL, OF COLORADO, TO BE A MEMBER OF BRIGADIER GENERAL THOMAS J. TRASK UNITED STATES MARINE CORPS WHILE ASSIGNED TO A THE UNITED STATES ADVISORY COMMISSION ON PUBLIC BRIGADIER GENERAL JOSEPH S. WARD, JR. POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER DIPLOMACY FOR A TERM EXPIRING JULY 1, 2012. BRIGADIER GENERAL JACK WEINSTEIN TITLE 10, U.S.C., SECTION 601: NATIONAL SCIENCE FOUNDATION BRIGADIER GENERAL ROBERT E. WHEELER BRIGADIER GENERAL MARTIN WHELAN To be lieutenant general CORA B. MARRETT, OF WISCONSIN, TO BE DEPUTY DI- BRIGADIER GENERAL STEPHEN W. WILSON LT. GEN. JOHN R. ALLEN RECTOR OF THE NATIONAL SCIENCE FOUNDATION. BRIGADIER GENERAL TOD D. WOLTERS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL TIMOTHY M. ZADALIS NATIONAL FOUNDATION ON THE ARTS AND THE AS COMMANDER, MARINE FORCES RESERVE TO THE HUMANITIES IN THE NAVY GRADE INDICATED IN THE UNITED STATES MARINE CORPS WHILE ASSIGNED TO A POSITION OF IMPORTANCE MARTHA WAGNER WEINBERG, OF MASSACHUSETTS, TO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS BE A MEMBER OF THE NATIONAL COUNCIL ON THE HU- IN THE UNITED STATES NAVY TO THE GRADE INDICATED 601 AND 5144: MANITIES FOR A TERM EXPIRING JANUARY 26, 2016 . WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND PAULA BARKER DUFFY, OF ILLINOIS, TO BE A MEMBER RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be lieutenant general OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A To be vice admiral MAJ. GEN. STEVEN A. HUMMER TERM EXPIRING JANUARY 26, 2016. CATHY N. DAVIDSON, OF NORTH CAROLINA, TO BE A REAR ADM. DAVID H. BUSS IN THE NAVY MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- ITIES FOR A TERM EXPIRING JANUARY 26, 2016 . IN THE AIR FORCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED CONSTANCE M. CARROLL, OF CALIFORNIA, TO BE A THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ITIES FOR A TERM EXPIRING JANUARY 26, 2016. CATED UNDER TITLE 10, U.S.C., SECTION 624: ALBERT J. BEVERIDGE III, OF THE DISTRICT OF CO- To be vice admiral LUMBIA, TO BE A MEMBER OF THE NATIONAL COUNCIL To be brigadier general ON THE HUMANITIES FOR A TERM EXPIRING JANUARY 26, REAR ADM. KENDALL L. CARD COL. DAVID J. BUCK 2016. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NATIONAL COUNCIL ON DISABILITY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CLYDE E. TERRY, OF NEW HAMPSHIRE, TO BE A MEM- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BER OF THE NATIONAL COUNCIL ON DISABILITY FOR A AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION TERM EXPIRING SEPTEMBER 17, 2013. 601: To be vice admiral JANICE LEHRER-STEIN, OF CALIFORNIA, TO BE A MEM- To be general VICE ADM. ROBERT S. HARWARD, JR. BER OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER 17, 2013. LT. GEN. GILMARY M. HOSTAGE III THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNITED STATES INSTITUTE OF PEACE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JUDITH A. ANSLEY, OF MASSACHUSETTS, TO BE A CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE MEMBER OF THE BOARD OF DIRECTORS OF THE UNITED AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION To be vice admiral STATES INSTITUTE OF PEACE FOR THE REMAINDER OF 601: THE TERM EXPIRING SEPTEMBER 19, 2011. VICE ADM. MARK D. HARNITCHEK JUDITH A. ANSLEY, OF MASSACHUSETTS, TO BE A To be lieutenant general IN THE AIR FORCE MEMBER OF THE BOARD OF DIRECTORS OF THE UNITED MAJ. GEN. MARK F. RAMSAY STATES INSTITUTE OF PEACE FOR A TERM OF FOUR AIR FORCE NOMINATIONS BEGINNING WITH MICHAEL D. YEARS. IN THE ARMY DIETZ AND ENDING WITH DOREEN F. WILDER, WHICH JOHN A. LANCASTER, OF NEW YORK, TO BE A MEMBER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- OF THE BOARD OF DIRECTORS OF THE UNITED STATES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY INSTITUTE OF PEACE FOR THE REMAINDER OF THE IN THE RESERVE OF THE ARMY TO THE GRADE INDI- 3, 2011. TERM EXPIRING SEPTEMBER 19, 2011. CATED UNDER TITLE 10, U.S.C., SECTION 12203: AIR FORCE NOMINATIONS BEGINNING WITH JAY O. JOHN A. LANCASTER, OF NEW YORK, TO BE A MEMBER To be brigadier general AANRUD AND ENDING WITH SCOTT C. ZIPPWALD, WHICH OF THE BOARD OF DIRECTORS OF THE UNITED STATES NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- INSTITUTE OF PEACE FOR A TERM OF FOUR YEARS. COL. MARK W. PALZER PEARED IN THE CONGRESSIONAL RECORD ON MARCH 30, NATIONAL SECURITY EDUCATION BOARD THE FOLLOWING ARMY NATIONAL GUARD OF THE 2011. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- AIR FORCE NOMINATIONS BEGINNING WITH MATTHEW MICHAEL E. GUEST, OF SOUTH CAROLINA, TO BE A SERVE OF THE ARMY TO THE GRADE INDICATED UNDER J. BRONK AND ENDING WITH JOY C. TABER, WHICH NOMI- MEMBER OF THE NATIONAL SECURITY EDUCATION TITLE 10, U.S.C., SECTIONS 12203 AND 12211: NATIONS WERE RECEIVED BY THE SENATE AND AP- BOARD FOR A TERM OF FOUR YEARS. PEARED IN THE CONGRESSIONAL RECORD ON MAY 2, 2011. ANA MARGARITA GUZMAN, OF TEXAS, TO BE A MEM- To be major general AIR FORCE NOMINATION OF PAUL L. DANDREA, TO BE BER OF THE NATIONAL SECURITY EDUCATION BOARD MAJOR. FOR A TERM OF FOUR YEARS. BRIG. GEN. GERALD E. LANG AIR FORCE NOMINATION OF JEFFREY A. BAILEY, TO BE CHRISTOPHER B. HOWARD, OF VIRGINIA, TO BE A MEM- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL. BER OF THE NATIONAL SECURITY EDUCATION BOARD IN THE UNITED STATES ARMY TO THE GRADE INDICATED AIR FORCE NOMINATION OF JAMES A. MACE, TO BE FOR A TERM OF FOUR YEARS. UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: MAJOR.

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AIR FORCE NOMINATIONS BEGINNING WITH BERNA- SENATE AND APPEARED IN THE CONGRESSIONAL NAVY NOMINATIONS BEGINNING WITH ROBERT D. DETTE A. ANDERSON AND ENDING WITH DWAYNE B. RECORD ON FEBRUARY 3, 2011. PAVEL AND ENDING WITH SHAUN C. SHILLADY, WHICH WILHITE, WHICH NOMINATIONS WERE RECEIVED BY THE IN THE NAVY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- SENATE AND APPEARED IN THE CONGRESSIONAL PEARED IN THE CONGRESSIONAL RECORD ON MAY 11, RECORD ON MAY 4, 2011. NAVY NOMINATION OF JAMES P. MCGRATH III, TO BE 2011. AIR FORCE NOMINATIONS BEGINNING WITH JEFFERY CAPTAIN. NAVY NOMINATION OF KENDALL C. JONES, JR., TO BE D. AEBISCHER AND ENDING WITH KURT V. WOYAK, WHICH NAVY NOMINATION OF STEVEN M. WECHSLER, TO BE LIEUTENANT COMMANDER. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CAPTAIN. NAVY NOMINATION OF KIRK R. PARSLEY, TO BE LIEU- PEARED IN THE CONGRESSIONAL RECORD ON MAY 4, 2011. NAVY NOMINATION OF FERNANDO HARRIS, TO BE COM- TENANT COMMANDER. AIR FORCE NOMINATIONS BEGINNING WITH LA RITA S. MANDER. NAVY NOMINATION OF CHRISTIAN F. JENSEN, TO BE ABEL AND ENDING WITH MICHAEL J. ZENK, WHICH NOMI- NAVY NOMINATION OF STEPHEN K. REVELAS, TO BE LIEUTENANT COMMANDER. NATIONS WERE RECEIVED BY THE SENATE AND AP- CAPTAIN. NAVY NOMINATION OF JOSEPH M. HOLT, TO BE LIEU- PEARED IN THE CONGRESSIONAL RECORD ON MAY 4, 2011. NAVY NOMINATION OF BRADLEY S. HAWKSWORTH, TO TENANT COMMANDER. AIR FORCE NOMINATION OF PETER J. AVALOS, TO BE BE COMMANDER. MAJOR. NAVY NOMINATION OF DOUGLAS L. EDSON, TO BE CAP- IN THE COAST GUARD TAIN. IN THE ARMY NAVY NOMINATION OF STEPHEN J. PARKS, TO BE COM- COAST GUARD NOMINATION OF WILLIAM G. DWYER, TO MANDER. BE LIEUTENANT COMMANDER. ARMY NOMINATIONS BEGINNING WITH KEITH W. NAVY NOMINATION OF HUNG CAO, TO BE COMMANDER. COAST GUARD NOMINATIONS BEGINNING WITH JESSICA ALFEIRI AND ENDING WITH DIANA TORRES, WHICH NOMI- NAVY NOMINATION OF TRACY T. SKIPTON, TO BE COM- L. BOHN AND ENDING WITH JEREMY A. WEISS, WHICH NATIONS WERE RECEIVED BY THE SENATE AND AP- MANDER. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON MAY 2, 2011. NAVY NOMINATION OF DAVID T. CARPENTER, TO BE PEARED IN THE CONGRESSIONAL RECORD ON APRIL 8, ARMY NOMINATIONS BEGINNING WITH MARK J. CAPTAIN. 2011. BERGLUND AND ENDING WITH MICHAEL S. SARVER, NAVY NOMINATION OF BRENT J. KYLER, TO BE CAP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TAIN. FOREIGN SERVICE AND APPEARED IN THE CONGRESSIONAL RECORD ON NAVY NOMINATION OF PETER W. WARD, TO BE COM- MAY 2, 2011. MANDER. FOREIGN SERVICE NOMINATIONS BEGINNING WITH ARMY NOMINATION OF MICHAEL P. HARRY, TO BE NAVY NOMINATION OF PABLITO V. QUIATCHON, TO BE CARMINE G. D’ALOISIO AND ENDING WITH JAMES F. SUL- MAJOR. LIEUTENANT COMMANDER . LIVAN, WHICH NOMINATIONS WERE RECEIVED BY THE ARMY NOMINATIONS BEGINNING WITH JOSEPH L. NAVY NOMINATION OF ROBERT H. BUCKINGHAM, TO BE SENATE AND APPEARED IN THE CONGRESSIONAL AARON, JR. AND ENDING WITH JOSEPH V. ZULKEY, CAPTAIN. RECORD ON MARCH 4, 2011. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATION OF BRYAN F. BUTLER, TO BE CAP- FOREIGN SERVICE NOMINATIONS BEGINNING WITH PA- AND APPEARED IN THE CONGRESSIONAL RECORD ON TAIN. TRICIA M. AGUILO AND ENDING WITH MICHELLE ZJHRA, MAY 4, 2011. NAVY NOMINATIONS BEGINNING WITH WILLIAM H. AL- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATIONS BEGINNING WITH CHARLES M. BERT AND ENDING WITH MICHAEL WITHERILL, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON ABEYAWARDENA AND ENDING WITH G001231, WHICH NOMI- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- APRIL 6, 2011. NATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON MAY 2, 2011. PEARED IN THE CONGRESSIONAL RECORD ON MAY 9, 2011. NAVY NOMINATION OF VALERIE R. OVERSTREET, TO BE PUBLIC HEALTH SERVICE ARMY NOMINATIONS BEGINNING WITH LISA M. ABEL COMMANDER. AND ENDING WITH CODY L. ZACH, WHICH NOMINATIONS NAVY NOMINATIONS BEGINNING WITH NADESIA V. PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING WERE RECEIVED BY THE SENATE AND APPEARED IN THE HENRY AND ENDING WITH JOHN A. SALVATO, WHICH WITH MANISHA PATEL AND ENDING WITH CHRISTOPHER CONGRESSIONAL RECORD ON MAY 9, 2011. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- M. SHEEHAN, WHICH NOMINATIONS WERE RECEIVED BY PEARED IN THE CONGRESSIONAL RECORD ON MAY 4, 2011. THE SENATE AND APPEARED IN THE CONGRESSIONAL IN THE MARINE CORPS NAVY NOMINATION OF THOMAS P. FANTES, TO BE CAP- RECORD ON MAY 11, 2011. TAIN. PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING MARINE CORPS NOMINATION OF ANGELLA M. LAW- NAVY NOMINATION OF CYNTHIA E. WILKERSON, TO BE WITH ALICE Y. GUH AND ENDING WITH UKEGBU J. RENCE, TO BE MAJOR. CAPTAIN. UGOCHI, WHICH NOMINATIONS WERE RECEIVED BY THE MARINE CORPS NOMINATION OF MICHAEL R. CIRILLO, NAVY NOMINATIONS BEGINNING WITH DAVID T. CAR- SENATE AND APPEARED IN THE CONGRESSIONAL TO BE LIEUTENANT COLONEL. PENTER AND ENDING WITH TIMOTHY M. CHEN, WHICH RECORD ON MAY 11, 2011. WITH THE FOLLOWING EXCEP- MARINE CORPS NOMINATIONS BEGINNING WITH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TIONS: KENIA P. ALTAMIRANO, REBECCA M. KIBEL, TIM- CARLTON W. ADAMS AND ENDING WITH WAYNE R. PEARED IN THE CONGRESSIONAL RECORD ON MAY 11, OTHY N. ONSERIO, JUSTIN R. PLOTT, AND BRANDY ZUBER, WHICH NOMINATIONS WERE RECEIVED BY THE 2011. TORRES.

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